ML20235V379

Requests Response Indicating Which Alternative Preferred Re Authorized Possession Limit for Enriched U Up to 19.99 Weight Percent in U-235,per Telcon W/D Joy.Appropriate License Mod Will Be Initiated If Lower Limit Requested

ML20235V379
Person / Time
Site:	Framatome ANP Richland
Issue date:	10/20/1988
From:	Casey Smith NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Schneider R SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER
References
NUDOCS 8903100161
Download: ML20235V379 (2)

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NRC File Center FBurnett POR LRouse, IMSB Oocket File 70-1257 PTing MT 2 0 W Case File ESuarez NMSS r/f DRJoy SGLB r/f WFloyd, SG0B SGLB:0RJ-88/41 SGLB c/f CMacDonald, SGTB 70-1257 JLMontgomery, RV M0Schuster, RV Advanced Nuclear Fuels Corporation ATTN: Mr. R. A. Schneider Staff Specialist - Safeguards 2101 Horn Rapids Road P. O. Box 130 Richland, Washington 99352-0130

Dear Mr. Schneider:

As previously discussed during a phone conversation between you and Donald Joy of my staff, it has come to our attention that your authorized possession limit for uranium enriched up to 19.99 weight percent in U-235 (item 6.B of your SNM-1227 License) puts you in the Category II classification for material control and accounting (MC&A) purposes. That is, you are authorized to possess and use special nuclear material (SNM) of moderate strategic significance in a quantity exceeding one effective kilogram. This, in turn, subjects you to MC&A requirements contained in 10 CFR 70.51, 70.57 and 70.58 rather than the Category III requirements of 10 CFR 74.31 [See 10 CFR 70.51(e), 70.57(b) and 70.58(a)]. Since you do not actually possess any material enriched between 10%

and 20%, there is no urgent need to subject you to the prescriptive, and more stringent, requirements of 70.51, 70.57 and 70.58. However, as the regulations currently read, it will be necessary to subject Advance Nuclear Fuels to the appropriate MC&A requirements in Part 70 unless you lower your possession limit (for uranium enriched between 10% and 20%) to a value no greater than 9999 grams U-235. Another alternative would be to keep your existing 200 kg U-235 limit, but lower the maximum enrichment (for item 6.B) to 9.99 weight percent.

For the definitions of "SNM of low strategic significance" and "SNM of moderate strategic significance", see 10 CFR 74.4 or 10 CFR 73.2(x) and (y). It should also be noted that, unlike the MC&A regulations, the level of physical protection (Category I, II or III) required by Part 73 regulations is dependent upon the quantity and type of SNM actually possessed, rather than that which is autho-rized to be possessed. Therefore, based on your current SNM holdings, you are a Category III (SNM of low strategic significance) facility in terms of physical security.

We would appreciate a written response to this letter within 30 days indicating which alternative you prefer. If you indicate a willingness to lower your possession limit, and/or enrichment level, we will initiate the appropriate Q

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G903100161 881020 PDR ADOCK 07001257 PDC __ __ _____ _ __

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.ADV NUCL FLS 00R' license modification through the Fuel Cycle Safety Branch. If you have any -

l additional questions in this re ard, please contact either Philip Ting or Donald Joy on (301)492-0648 or 301)492-0352, respectively..

Sincerely, ,

L C. N. ( ike Smith, Chief Licensing Branch Division of Safeguards

'and Transportation, NMSS

• SGLB VWilliams 10/17/88

• SGLB DRJoy/v1

• SGLB ESuarez

• SGLB PTing

• G N

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