ML20236D705

Informs of Recent Rulemaking Action by Commission That Will Have Applicability to Recipient Facility Should Vendor Elect to Undertake Future Work That Involves Handling Formula Quantities of Strategic Snm.Fr Notice Encl.W/O Notice

ML20236D705
Person / Time
Site:	07000025
Issue date:	05/14/1987
From:	Brach E NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Remley M ROCKWELL INTERNATIONAL CORP.
References
NUDOCS 8707310030
Download: ML20236D705 (2)

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/ [g REQg UNITED STATES e k'o NUCLEAR REGULATORY COMMISSION h.'#

WASHING TON, D. C. 20555

\b" W 14 8 67 Rockwell International Corporation i Rocketdyne Division Atomics International ATTN: Dr. M. E. Remley, Director  !

Health, Safety and Radiation Services 6633 Canoga Avenue Canoga Park, California 91304 Gentlemen:

The purpose of this correspondence is to bring to your attention a recent rulemaking action by the Commission that will have applicability to your facility should you elect to undertake future work that involves handling formula quantities of strategic special nuclear material (SSNM). On March 30, 1987, a final rule entitled " Material Control and Accounting Requirements for Facilities Licensed to Possess and Use Formula Quantities of Strategic Special Nuclear Paterial" was published in the _ Federal Register (52 FR 10033).

A copy of the Federal Register Notice is enclosed for your information.

Section 74.51(c)(1) of the rule requires affected licensees to submit a funda-mental nuclear material control plan (FNMC) by September 25, 1987 that de-scribes how compliance with the performance-oriented requirements of the rule 3 will be achieved. In view of the fact that the rule does not distinguish be-tween irradiated and unirradiated nuclear material for purposes of establishing applicability, it would apply to your irradiated fuel operations if future work involves formula quantities of SSNM.

l When the rule was first proposed in 1984 as proposed amendments to Part 70 1 (49 FR 4091), exemptions from the major provisions were included for certain material forms. Of particular relevance to your case was an excmption for strategic special nuclear material that was not readily separable from other radioactive material and had an external radiation dose rate in excess of 100 rem per hour at a distance of three feet from any accessible surface. The principal application of this exemption was expected to be' irradiated fuel re-processing plants which, at that time, were included in the scope of the rule.

Subsequently, based on the lack of experimental data which could be utilized to i assess the capability of a reprocessing plant to meet rule requirements and on the likelihood that domestic reprocessing would not be a viable option for the foreseeable future, a decision was made to delete reprocessing plants from the rule. Concurrent with this action, the referenced exemption was also deleted.

However, as noted in the Statements of Consideration that were published with the final rule, the Commission is aware of the fact that there are operations where the exemption would be appropriate. In those cases,' the licensee must submit a request for exemption which includes a description of specifc appli-cability. Exemption requests will be evaluated on a case-by-case basis, f 8707310030 e70514 PDR MISC 8707310030 PDR l

a As indicated above, if future work for your facility involves formula quantities of SSNM, you should submit an FNMC plan in compliance with 574.51(c)(1) or a request for exemption. Whichever option is elected, your submittal should be received sufficiently in advance of the commencement of operations to permit adequate staff review time. Any questions should be directed to Mr. C. W. Emeigh of my staff who can be contacted at (301)427-4769.

Sincerely, (f'/ } u'

' i t{

E. William' rach, Acting Chief Licensing Branch Division of Safeguards and Transportation, NMSS

Enclosure:

As stated i

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