ML20236D016
| ML20236D016 | |
| Person / Time | |
|---|---|
| Site: | 05000054, 07000687 |
| Issue date: | 03/14/1989 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Voth M NATIONAL ORGANIZATION OF TEST, RESEARCH & TRAINING |
| Shared Package | |
| ML20236D019 | List: |
| References | |
| NUDOCS 8903220423 | |
| Download: ML20236D016 (4) | |
Text
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MAR i 419g9 l
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Dr. Marcus H. Voth, Chairman TRTR Director Penn State Breazeale Reactor j
University Park, Pennsylvania 16802 3
Dear Dr. Voth:
Your February 20, 1989 letter expressed concerns regarding the application of 10 CFR 50.70 to non-power reactors. The following will clarify the regulations and our implementation of them as applied to non-power reactors.
The only part of 10 CFR 50.70 that applies to non-power reactors is Section. 50.70(a),
which authorizes inspections. Section 50.70(b) does not apply to non-power reactors.
The applicability of Sections 50.70(b)(1), (2) and (3) is affirmed in the' Summary of i
the Statement of Considerations for the final rule promulgating these sections, wherein it is stated that these sections apply to " power reactor licensees and construction permit holders and selected fuel facility licensees" (Federal Register j
Notice 44FR47918). Moreover, Section 50.70(b)(4) clearly states that it applies to i
" nuclear power reactors only," not to non-power reactors.
l 1
Your letter referred specifically to letters from Region I to Cintichem as the basis for your concern. Cintichem presents a special case.
Cintichem holds both Part 50 and Part 70 NRC licenses in order to produce radio-isotopes for commercial uses.
Production and separation operations are routinely conducted on a 24-hour-a-day scheoule.
In order for NRC to conduct appropriate inspections of this facility in accordance with Sections 19.14(a), 50.70(a), and 70.55(a), it was necessary for certain NRC inspectors to have unescorted access to the facility. This was to ensure reasonable access to the facility during off-normal hours, and to minimize the impact of unannounced inspections on the licensee's small staff.
The NRC and Cintichem have already agreed on a procedure to permit such access; therefore, no current disagreement exists between Cintichem and the NRC. The NRC continues to believe that such access is covered by current regulations.
I hope that I have satisfied your concerns.
06'frNENi[r S
Scw Peo.
Victor Stello, Jr.
Executive Director for Operations DISTRIBUTION:
Central File MKrebs PSwetland NRC & Local PDR (w/cy of incoming)
TMichaels (w/cy of incoming)
ED0 #0004280 AAdams ED0 Reading EHylton i
TMurley/JSniezek JTaylor j'i SVarga JBlaha PDSNP Reading (w/cy of incoming)
TMartin pro 7
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GHolahan JLieberman l
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OGC FMiraglia
]l t)r VStello FGillespie
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i DMossburg,PMAS(ED0#0004280 w/cy of incoming)
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(GT 4280 3/7)
- SEE PREVIOUS CONCURRENCE
- LA:PDSNP
- PM:PDSNP
- D:PDSNP *NRR:RSGB
- Region I
- Tech. Ed.
EHylton TMichaels:sr CMiller RErickson PSwetland RSanders 03/07/8p 03/07/89 03/07/89 03/07/89
/07/89 03(/07/89
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- 0GC
- ADR4
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03/07/89 03/08/89 3/09/89 03 L/89 j;
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PDR PR 50 44FR47918 PNU
Dr. Marcus'H. Voth, Chairman TRTR Director.Penn State Breazeale Reactora, Universitf Park Pennsylvania 16802
Dear Dr. Voth:
Your February 20, 1989 letter expressed concerns regarding the application of 10 CFR 50.70 to non-power reactors. The following will clarify the. regulations and our_ implementation of.them as applied to non-power reactors.
The only part of 10 CFR 50.70 that applies to non-power reactorslis Section 50.70(a),
which authorizes inspections. Section 50.70( ) does not. apply to non-power reactors.
The applicability of Sections 50.70(b)(1), (2 and (3)~ is affirmed in the Summary of-the Statement of Considerations for the' final rule promulgating these sections, wherein it is stated that.these sections apply to " power reactor licensees and construction permit holders and selected fuel facility licensees" (Federal Register Notice 44FR47918)
Moreover, Section 50.70(b)(4) clearly states that it applies to
" nuclear. power reactors only," not to non-power reactors.
4 1
Your letter referred specifically to letters from Region I to Cintichem as the basis for your concern. Cintichem presents a special case. Cintichem holds both Part 50 l
and Part 70 NRC licenses in order to produce radio-isotopes for commercial uses.
Production and' separation operations are routinely conducted on a 24-hour-a-day schedule.
In order for NRC.to conduct a opriate ins ections of this facility in dCCordanCE With Sections 19.14(a), 50.70
, and 70.55 a), it was necessary for certain NRC inspectors.to have unescorted access to the facility. This was to I
ensure reasonable access to the facility during off, normal hours, and to minimize
)
the impact of unannounced inspections on the licensee's small staff. The NRC and Cintichem have already agreed on 4. procedure to pe'rmit such access; therefore, no i
current disagreement exists between Cintichem and the NRC.
The NRC continues to 1
believe that such access is covered by current 'egulations.
I l
I hope that I have satisfied your concerns.
Si'ncerely, Victor Stello, Jr.
Executive Director DISTRIBUTION:
/
Central File
/
MKrebs PSwetland NRC&LocalPDR(w/cyofincomin.g')
TMichaels (w/cy of incoming)
ED0 #0004280 AAdams l
ED0 Reading EHylton l
TMurley/JSniezek JTaylor SVarga
/
JBlaha PDSNP Reading (w/cy of incoining)
TMartin GHolahan JLiebernan 0GC FMiraglia VStello
/
FGillespie DMossburg,PMAS(ED0#0004280 w/cy of incoming) l (GT 4280 3/7)
- SEE PREVIOUS CONCURRENCE
- LA:PDSNP
- PM:PDSNP
- D:PDSNP *NRR:RSGB
'* Region I
- Tech. Ed.
EHylton TMichaels:sr Chiller RErickson PSwetland RSanders 03/07/89
-03/07/89 03/07/89 03/07/89 03/07/89
.03/07/89
- 0GC
- ADR4
- (A)D:DRSP(A D:0NRR EDO RFonner LRubenstein GHolahan a.
TMurley VStello L
03/07/89 03/07/89 03/08/89
/89 03/. /89 03/ /89 l
1
~
~
Dr. Marcus H. Voth, Chairman TRTR Director Penn State Breazeale Reactor University' Park, Penrwylvania 16802
Dear Dr. Voth:
Your February 20, 1989 letter expressed concerns regarding the application of /
10 CFR 50.70 to non-power reactors.
The following will clarify the regulations and our implementation of them as applied to non-power reactors.
/
The only aart of 10 CFR 50.70 that applies to non-power reactors is secti 50.7C(a),
which autiorizes inspections.
Section 50.70(b) does not apply to non-po r
reactors.
The applicability to Sections 50.70(b)(1), (2) and (3) is af irmed in the Summary of the Statement of Considerations for the final rule promulgating these sections, wherein it is stated that these sections apply to " ower reactor licensees and construction permit holders and selected fue facilit licensees" (Federal Register Notice 44FR47918). Moreover,Section50.70(b)y(4),
r which clearly states that it applies to " nuclear power reactors /only" does not apply to non-power reactors.
/
Your letter referred specifically to letters from Region I to CinticFem as the basis for your concern.
Cintichem presents a special case. Cintichem holds both Part 50 and Part 70 NRC licenses in order to produce radio-isotopes for commercial uses.
Production and separation operations are routinely conducted on a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day senedule.
In order for NRC to conduct a of this facility in accordance with Parts 19.14(a) 50.70(a)ppropriate inspections and70.55(a),it was necessary for certain NRC inspectors to have "aesdorted access to the facility.
This was to ensure reasonable access to the facility during off-normal hours,andtominimizetheimpactofunannouncedinjpectionsonthelicensee's small staff. The NRC and Cintichem have alr2ady agreed to a procedure to permit such access, and that no current disagreement exists between Cintichem and the NRC. The NRC continues to believe that such access is covered by current regulations.
/
/
I hope that I have satisfied your concerns.
Sincerely, Victor Stello, Jr.
. Executive Director for Operations DISTRIBUTION:
/
Central File c'
MKrebs PSwetland NRC & Local PDR (w/cy of incoming)'
THichaels (w/cy of incoming)
ED0 #0004280
/
AAdams EDO Reading EHylton TMurley/JSniezek JTaylor SVarga JBlaha PDSNP Reading (w/cy of incoming)
TMartin GHolahan
/
JLieberman 0GC
/
FMiraglia VStello
/
FGillespie DMossburg, PMAS (ED0#0004280 w/cy of incoming)
(GT 4280 3/7)
W (A*48 A bw h
@ N^B LA:PDSNP PM:PDSNP h D:PD$N-N gion I Tech. Ed.,
EHyltonM TMichael's': sr CMiller kson A5mt/Q A.ra,/m 03/7/89 03/-)/89 03/0/89
/89 03/ 7 /89 03/7 /89 ADR fhbHP(A)ADP D:0NRR ED0 Rf iner LRubenstein Pflolahan SVarga TMurley VStello 1//89 03/~)/89 03/p/89 3/ /89 03/ /89 03/ /89
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UNITED STATES I
NUCLEAR REGULATORY COMMISSION
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SEDO Principal Correspondence Control. I.
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FROM:
DUE: 03/10/89 EDO CONTROL: 0004280 DOC 'DT :" 02/20/89 g -
FINAL REPLY '
Marcus H. Voth TRTR:
3 TO:
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Victor Stello, Jr.
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I FOR SIGNATURE OF:
- GRN CRC NO:
Executive Director i
1 DESC:
ROUTING:
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CONCERNS RE WORDING IN 10'CFR 50.70 CONCERNING Stello'
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UNESCORTED ACCESS TO INSPECTORS Taylor i
Thompson l
~DATE: 02/24/89 Blaha l
Tom Martin ASSIGNED TO: ffA CONTACT: #")4 u (/t.
Lieberman
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- $f Ev6 M j
SPECIAL INSTRUCTIONS OR REMARKS:
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NRR RECEIVED: FEBRUARY 27,,1989.._
I ACTION:
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