ML21062A250

GE-Hitachi Nuclear Energy Americas, LLC - Receipt and Supplemental Information Needed for Renewal Review of GE-Hitachi Nuclear Energy Americas, LLC Nuclear Test Reactor Facility Operating License No. R-33

ML21062A250
Person / Time
Site:	Vallecitos Nuclear Center
Issue date:	03/11/2021
From:	Duane Hardesty NRC/NRR/DANU/UNPL
To:	Feyrer M GE Hitachi Nuclear Energy
Hardesty D
References
EPID L-2020-RNW-0038
Download: ML21062A250 (7)

Text

March 11, 2021 Mr. Matthew Feyrer, Site Manager GE Hitachi Nuclear Energy Vallecitos Nuclear Center 6705 Vallecitos Road Sunol, CA 94586

SUBJECT:

GE-HITACHI NUCLEAR ENERGY AMERICAS LLC - RECEIPT AND SUPPLEMENTAL INFORMATION NEEDED FOR RENEWAL REVIEW OF GE-HITACHI NUCLEAR ENERGY AMERICAS LLC NUCLEAR TEST REACTOR FACILITY OPERATING LICENSE NO. R 33 (EPID: L-2020-RNW-0038)

Dear Mr. Feyrer:

By letter dated November 19, 2020 (Agencywide Documents Access and Management System Accession No. ML21053A071), GE-Hitachi Nuclear Energy Americas, LLC submitted a license renewal application (LRA) for renewal of Facility Operating License No. R-33 for its Nuclear Test Reactor. The renewed license would authorize continued operation of the facility for a period of 20 years from the date of issuance of the Renewed Facility Operating License.

The U.S. Nuclear Regulatory Commission (NRC) staff performed an initial review of the LRA and determined that the additional information described in the enclosure to this letter is needed for the NRC staff to begin its detailed review. The NRC staff discussed the information in this enclosure with David Heckman of your staff on March 12, 2021.

The NRC staff may require additional information to complete the detailed technical review. If needed, the NRC staff will request this information by separate correspondence within approximately 120 days of the date of this letter.

At this time, the NRC staff expects to complete its review and make a final determination on the LRA by January 9, 2023. This date could change due to several factors, including requests for additional information, unanticipated changes to the scope of the review, unsolicited supplements to the LRA, and others. If the forecasted date changes, the NRC staff will notify you in writing of the new date and an explanation of the reason for the change.

M. Feyrer If you have any questions, please contact me at (301) 415-3724, or by electronic mail at Duane.Hardesty@nrc.gov.

Sincerely, Duane A. Hardesty, Acting Chief Non-Power Production and Utilization Facility Licensing Branch Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Docket No.50-073 License No. R-33

Enclosure:

As stated cc: See next page

GE-Hitachi Nuclear Energy Americas LLC Docket No.50-073 cc:

Jeffrey Smyly, Manager Regulatory Compliance GE Hitachi Nuclear Energy Vallecitos Nuclear Center 6705 Vallecitos Road Sunol, CA 94586 Thomas McConnell, Manager Nuclear Test Reactor GE Hitachi Nuclear Energy Vallecitos Nuclear Center 6705 Vallecitos Road Sunol, CA 94586 Scott Murray, Manager Facility Licensing GE Hitachi Nuclear Energy 3901 Castle Hayne Road Wilmington, NC 28401 David Heckman Vallecitos Reg Affairs & Licensing Lead GE Hitachi Nuclear Energy Vallecitos Nuclear Center 6705 Vallecitos Road Sunol, CA 94586 Commissioner California Energy Commission 1516 Ninth Street, MS-34 Sacramento, CA 95814 California Department of Health ATTN: Chief Radiologic Health Branch P.O. Box 997414, MS 7610 Sacramento, CA 95899-7414 Test, Research and Training Reactor Newsletter Attention: Ms. Amber Johnson Dept of Materials Science and Engineering University of Maryland 4418 Stadium Drive College Park, MD 20742-2115

ML21062A250 NRR-106 OFFICE NRR/DANU/UNPL/PM NRR/DANU/UNPL/LA NRR/DANU/UNPL/BC (A)

NAME LTran NParker DHardesty DATE 3/11/2021 3/11/2021 3/11/2021 OFFICE OF NUCLEAR REACTOR REGULATION SUPPLEMENTAL INFORMATION NEEDED FOR THE REVIEW OF LICENSE RENEWAL REQUEST GE-HITACHI NUCLEAR ENERGY AMERICAS LLC NUCLEAR TEST REACTOR LICENSE NO. R-33; DOCKET NO.50-073 By letter dated November 19, 2020 (Agencywide Documents Access and Management System Accession No. ML20325A194), GE-Hitachi (GEH) Nuclear Energy Americas LLC a request for renewal of its Nuclear Test Reactor (NTR). The U.S. Nuclear Regulatory Commission (NRC) staff performed an initial review of the license renewal application and determined that the information requested below is needed for the NRC staff to begin its detail technical review.

Financial Qualification

1. Title 10 of the Code of Federal Regulations (10 CFR) 50.33, Contents of applications; general information, paragraph (f)(2) states, in part:

The applicant shall submit estimates for total annual operating costs for each of the first five years of operation of the facility. The applicant shall also indicate the source(s) of funds to cover these costs. Applicants to renew or extend the term of an operating license for a nonpower reactor shall include the financial information that is required in an application for an initial license.

Provide the following information:

(a) Projected operating costs of the GEH NTR for each of the fiscal years 2021 through 2026 (the first five-year period after the projected license renewal).

(b) GEH NTRs source of funding to cover the operating costs for the above fiscal years.

2. The regulations in 10 CFR 50.75, Reporting and recordkeeping for decommissioning planning, paragraph (d) states, in part:

(1) Each non-power reactor applicant for or holder of an operating license for a production or utilization facility shall submit a decommissioning report (2) The report must:

(i) Contain a cost estimate for decommissioning the facility; (ii) Indicate which method or methods will be used to provide funds for decommissioning; and (iii) Provide a description of the means of adjusting the cost estimate and associated funding level periodically over the life of the facility.

Enclosure

Provide the following information:

(a) A current decommissioning cost estimate in 2021 dollars for the GEH NTR to meet the NRCs radiological release criteria for decommissioning the facility. Accordingly, describe the basis on how the decommissioning cost estimate was developed.

(b) A summary of total decommissioning costs broken down into the categories of labor, waste disposal, other items in current dollars, and a contingency factor.

(c) A statement of the decommissioning method to be used.

(d) A description of the means of adjusting the cost estimate and associated funding level periodically over the life of the facility, pursuant to 10 CFR 50.75(d)(2)(iii).

(e) A numerical example showing how the decommissioning cost estimate will be updated periodically in the future.

3. The regulations in 10 CFR 50.22, Class 103 licenses; for commercial and industrial facilities, states:

A class 103 license will be issued, to an applicant who qualifies, for any one or more of the following: To transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, or use a production or utilization facility for industrial or commercial purposes; Provided, however, That in the case of a production or utilization facility which is useful in the conduct of research and development activities of the types specified in section 31 of the Act, such facility is deemed to be for industrial or commercial purposes if the facility is to be used so that more than 50 percent of the annual cost of owning and operating the facility is devoted to the production of materials, products, or energy for sale or commercial distribution, or to the sale of services, other than research and development or education or training.

Provide a confirmatory statement identifying the percentage of the facility that is devoted to the production of materials, products, or energy for sale or commercial distribution, or to the sale of services, other than research and development or training.

4. Section 106 of the Nuclear Energy Innovation and Modernization Act amends the Atomic Energy Act by adding the following text to the end of Section 104(c):

The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy.

Provide the following information:

(a) Provide a statement identifying whether the percentage of the annual costs of owning and operating the facility are recovered through sales of nonenergy services, energy, or both, other than research and development or education and training, is 75 percent or less.

(b) Provide a statement identifying whether 50 percent or less of the annual costs is from sales of energy.

Physical Security Plan

5. The regulations in 10 CFR 73.67, Licensee fixed site and in-transit requirements for the physical protection of special nuclear material of moderate and low strategic significance, paragraph (c)(1), states, in part:

Submit a security plan or an amended security plan describing how the licensee will comply with all the requirements of paragraphs (d), (e), (f), and (g)

The regulations in 10 CFR 73.67(e) states, in part:

In-transit requirements for special nuclear material of moderate strategic significance.

The regulations in 10 CFR 73.67(g) states, in part:

In-transit requirements for special nuclear material of low strategic significance.

Provide a statement that GEH will comply with the requirements under 10 CFR 73.67(e) and 10 CFR 73.67(g) as appropriate.