ML20214Q058

Partial Response to 860131 Request for Annual Inventory Frequency & Submittal of Revised Fundamental Nuclear Matl Control Plan.License Condition 5.1 Revised & Condition 2.1.1 to Amend SG-2 of License SNM-1227 Deleted

ML20214Q058
Person / Time
Site:	Westinghouse
Issue date:	03/05/1986
From:	Brown W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Sanders C WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 8609240159
Download: ML20214Q058 (3)

Text

.

1. pmg4 UNITED STATES fOL.

.[ T ' 7. NUCLEAR REGULATORY COMMISSION

' : ,i

{ WASHINo ton. D. C. 205S5 nn - s aos DESIGNATED O SGMI:DRJ-86-16 70-1151 Westinghouse Electric Corporation Nuclear Fuel Division ATTN: Mr. C. F. Sanders, Manager Nuclear Materials Management Drawer R Columbia, SC 29205 Gentlemen:

This is a partial response to your letter LA 86-06, dated January 31, 1986, which included a request for an annual inventory frequency as permitted by 10 CFR 74.31(c)(5). Although your revised Fundamental Nuclear Material Control Plan (FNMCP), which was also submitted with your LA 86-06 letter (pursuant to the requirement of 10 CFR 74.31(b)(1)), has not yet been approved, we have determined that your present material control and accounting requirements and commitments, as well as your past performance under 10 CFR Part 70,are adequate relative to the criteria for allowing an annual inventory frequency for facilities possessing and using SNM of low strategic significance.

We have further determined that the granting of your request will not adversely affect the common defense and security nor the public health and safety, and is otherwise in the public interest.

It must be.noted, however, that when your Facility Attachment is finalized by the International Atomic Energy Agency (IAEA), in accordance with the provisions of 10 CFR Part 75, there is a possibility that an inventory frequency of twice every calendar year could be reestablished. At the current time, we are anticipating that the IAEA will agree to allowing an annual inventory frequency for all low enriched uranium facilities in the United States that are under international safeguards. This issue is to be discussed with the IAEA during special negotiating sessions later this year.

Accordingly, we are revising License Condition 5.1 and deleting Condition 2.1.1 to Amendment SG-2 of your License No. SNM-1227, effective immediately.

Condition 5.1 now reads as follows:

5.1 Notwithstanding the requirements of 70.51(e)(3)(ii) and of Section 5.1.3 of the Plan identified in Condition 2.1 (both of whicn pertain to the frequency of physical inventories), the licensee shall 8609240159 860303 PDR ADOCK 07001151 C PDR

e

(

)

conduct at least one physical inventory every calendar year, with no more than 13 calendar months elapsing between any two consecutive inventories. If the above stated inventory frequency should ever be in conflict with a frequency stated in a Facility Attachment (FA) or Transitional Facility Attachment (TFA), as defined by 10 CFR 75.8, the FA or TFA frequency shall prevail.

l We also wish to note that the first paragraph on the second page of your LA -

86-06 letter is not consistent with the understanding we reached during our  ;

meeting in Silver Spring, MD on December 11, 1986. That is, it was made very clear during that meeting that despite your burdens of being under full international safeguards inspection and debugging a newly installed computerized item control system, delaying the submittal of your Part 74 FNMC Plan until 1986 yearend was totally unacceptable. As a compromise solution, we agreed to a January 31, 1986 deadline for submitting a preliminary Part 74 Plan and a March 31, 1986 deadline for submitting a detailed, comprehensive Part 74 Plan. We expect the review process (including minor revisions to your Plan, if necessary) and implementation of the approved Plan to take a matter of months. Hence, we wish to emphasize that the granting of your request for an annual inventory frequency is predicated on the assumption that you will act in good faith to submit a meaningfull Part 74 Plan on or before March 31, 1986, which will require little or no revision, and which can be officially implemented well before yearend 1986.

With regards to your Amendment SG-2, we are also revising License Conditions 2.1-and 9.1, effective immediately, to incorporate revised pages to your FNMCP (dated December 1, 1985 and designated as Revision 6) and to your Physical Security Plan (also dated December 1, 1985 and designated as Revision 6).

Such revisions were made in accordance with the provisions of 10 CFR 70.32(c) and (e), and were submitted to the NRC Region II office with your letter LA 85-89 and LA 85-90 (both dated December 1, 1985). Both submittals were reviewed and found acceptable by Region II. Conditions 2.1 and 9.1 now read as follows:

2.1 The licensee shall follow Chapters 1.0 through 8.0 and Appendices A, B, C, D, and AA of its Fundamental Nuclear Material Control Plan dated April 18, 1984, except as noted in Condition 2.1.2 below; as revised by its submittals dated September 1, 1984 (revised pages labelled as Revision 1), December 1, 1984 (revised pages labelled as Revision 2), March 1, 1985 (revised pages labelled as Revision 3),

June 1, 1985 (revised pages labelled as Revision 4), September 1, 1985 (revised pages labelled as Revision 5), December 1, 1985 (revised pages labelled as Revision 6), and November 27, 1985 (chapters 3.0 and 4.0 in their entirely with pages labelled Revision 7); as amended by its submittal (for Appendix AA) dated December 1,1984; and as may

d be revised in accordance with the provisions of 10 CFR 70.32(c).

All revised pages associated with the above stated revisions are identified by, and are in accordance with, the " Schedule of Revisions" as contained in pages ix through xiii of the Plan described above.

9.1 The licensee shall maintain and fully implement all provisions of the approved security plan titled " Site Physical Security Plan, Westinghouse Electric Corporation, Columbia, S.C.", dated March 1980; as amended by letters dated September 2, 1980; April 9, 1981; January 25, 1984; September 1, 1984 (revised pages labelled Revision 2); December 1, 1984 (revised pages labelled Revision 3); March 1, 1985 (revised pages labelled Revision 4); September 1, 1985 (revised pages labelled Revision 5); and December 1, 1985 (revised pages labelled Revision 6); and as may be revised in accordance with the provisions of 10 CFR 70.32(e).

We have determined that the enclosure to your LA 86-06 letter, dated January 31, 1986, contains information of the type specified in 10 CFR 2.790(d). Accordingly, pursuant to Section 2.790(d)(1), such information is deemed to be commercial or financial within the meaning of 10 CFR 9.5(a)(4) and shall be withheld from-public disclosure unless subject to the provisions of 10 CFR 9.12.

Sincerely, 0 -

Willard B. Brown, Chief Safeguards Material Licensing and International Activities Branch Division of Safeguards, NMSS cc: Mr. A. J. Nardi

__ _ _ _ _ _ _ _ _ _ _