ML22174A425
| ML22174A425 | |
| Person / Time | |
|---|---|
| Site: | 99902100 |
| Issue date: | 08/10/2022 |
| From: | William Kennedy NRC/NRR/DANU/UAL1 |
| To: | George Wilson TerraPower |
| Sutton M | |
| References | |
| Download: ML22174A425 (5) | |
Text
G Wilson Mr. George Wilson Vice President Regulatory Affairs TerraPower, LLC 15800 Northup Way Bellevue, WA 98008
SUBJECT:
TERRAPOWER, LLC - U.S. NUCLEAR REGULATORY COMMISSION (NRC)
STAFFS RESPONSE TO TERRAPOWERS REQUEST FOR A REGULATORY INTERPRETATION REGARDING THE CONSTRUCTION OF THE SODIUM TEST AND FILL FACILITY
Dear Mr. Wilson:
By letter dated June 3, 2022, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML22154A564), TerraPower, LLC., requested the U.S. Nuclear Regulatory Commission (NRC) staff to provide a regulatory interpretation of the applicability of Title 10 of the Code of Federal Regulations (10 CFR) Section 50.10, License required; limited work authorization, to the construction of TerraPowers Sodium Test and Fill Facility (TFF). The letter included TerraPowers assessment of the applicability of 10 CFR 50.10 as it relates to the TFF and conceptual illustrations of the planned site layout. As indicated in TerraPowers letter, the TFF is intended to be used to test certain non-nuclear components of the Natrium reactor and is planned to be located adjacent to the proposed Natrium advanced reactor plant located in Kemmerer, Wyoming.
Based on the information provided, the NRC staff determined that the construction of the TFF does not constitute construction as defined in 10 CFR 50.10(a)(1) and that a construction permit or limited work authorization is not required to build the TFF. Because the information provided in TerraPowers letter dated June 3, 2022, is preliminary in nature and does not constitute a license application, the NRC staffs response, provided in the enclosure, does not constitute either a review or approval of the design of the planned Natrium facility or the TFF.
The staffs response in the enclosure also does not constitute a verification that the Natrium plant or TFF will be constructed or perform as described by TerraPower. In addition, if the actual TFF and/or Natrium facility differ from the descriptions and information provided in TerraPowers letter dated June 3, 2022, the NRC staffs determination could change.
The NRC staffs response to TerraPowers request is provided in the enclosure to this letter.
August 10, 2022
G Wilson If you have any questions on this matter, please contact Mallecia Sutton (Project Manager), at 301-415-0673 or via email at Mallecia.Sutton@nrc.gov.
Sincerely, William B. Kennedy, Acting Chief Advanced Reactor Licensing Branch 1 Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Project No.: 99902100
Enclosure:
As stated cc: igifford@terrapower.com tneider@terrapower.com rsprengel@terrapower.com Signed by Kennedy, William on 08/10/22
ML22174A425 NRR-106 OFFICE NRR/DANU/UAL1/PM NRR/DANU/UAL1/LA NRR/DANU/UTB2 NAME MSutton CSmith RAnzalone DATE 6/27/2022 7/6/2022 7/6/2022 OFFICE NRR/DANU/UTB2 OGC NRR/DANU/UAL1/BC NAME SPhilpott MASpencer WKennedy DATE 7/12/2022 8/4/2022 8/10/2022
Enclosure OFFICE OF NUCLEAR REACTOR REGULATION RESPONSE TO TERRAPOWER, LLC REQUEST FOR INTERPRETATION OF 10 CFR 50.10 INTRODUCTION By letter dated June 3, 2022, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML22154A564), TerraPower, LLC., requested the U.S. Nuclear Regulatory Commission (NRC) staff to provide a regulatory interpretation of the applicability of Title 10 of the Code of Federal Regulations (10 CFR) Section 50.10, License required; limited work authorization, to the construction of TerraPowers Sodium Test and Fill Facility (TFF). The letter included TerraPowers assessment of the applicability of 10 CFR 50.10 as it relates to the TFF and conceptual illustrations of the planned site layout. As indicated in TerraPowers letter, the TFF is intended to be used to test certain non-nuclear components of the Natrium reactor and is planned to be located adjacent to the proposed Natrium advanced reactor plant located in Kemmerer, Wyoming.
BACKGROUND TerraPower first discussed the TFF with the NRC staff in a May 25, 2022, public meeting (slides available at ADAMS Accession No. ML22132A152), which provided an overview of TerraPowers planned testing program and methodology. The design and functions of the TFF were also described in the referenced letter from TerraPower. From the documents submitted, the NRC staff understands that the TFF is intended to be fully independent of the Natrium reactor during operation and the TFF systems, structures, and components (SSCs) are not part of the Natrium reactor design.
TerraPowers June 3, 2022, letter additionally states that while the TFF is intended to be independent of the Natrium reactor, a temporary interconnection will be used to transfer sodium from the TFF to the Natrium reactor. This interconnection would be connected only after the construction of the Natrium nuclear island is complete and would be removed prior to the commencement of operations for the Natrium reactor.
OVERVIEW OF 10 CFR 50.10 Pursuant to 10 CFR 50.10, License required; limited work authorization, paragraph (c), [n]o person may begin the construction of a production or utilization facility on a site on which the facility is to be operated until that person has been issued either a construction permit... or a limited work authorization[.] The current Section 50.10(a) definition of construction is divided into two parts: 10 CFR 50.10(a)(1) specifies activities deemed to constitute construction, and 10 CFR 50.10(a)(2) specifies activities which are excluded from the definition. Regulations 10 CFR 50.10(d) through (f) provide for the request and issuance of a limited work authorization by which applicants may be authorized by the NRC to conduct certain activities meeting the 10 CFR 50.10(a)(1) definition of construction on site prior to the issuance of a construction permit.
EVALUATION AND CONCLUSION The NRC staff evaluated TerraPowers regulatory applicability assessment in the letter dated June 3, 2022. Taking into consideration the details provided by TerraPower regarding the TFF and Natrium reactor designs discussed above, the NRC staff determined whether construction of the TFF meets the definition of construction provided in 10 CFR 50.10(a)(1). The NRC staffs evaluation is as follows:
Regulations 10 CFR 50.10(a)(1)(i) through (iv) are not applicable because the TFF will be separate from and will not fulfill any safety function for the Natrium reactor facility.
Regulation 10 CFR 50.10(a)(1)(v) is not applicable because, as discussed in TerraPowers assessment, the TFF is not part of the Natrium plants physical or cyber security program and as such does not contain any SSCs necessary to comply with 10 CFR Part 73, Physical Protection of Plants and Materials.
Regulation 10 CFR 50.10(a)(1)(vi) is not applicable because, as discussed in the TerraPower assessment, the TFF does not contain SSCs needed as part of the plants fire protection system to comply with 10 CFR 50.48, Fire protection, or criterion 3 of 10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities, Appendix A, General Design Criteria for Nuclear Power Plants. The NRC staff notes that, rather than general design criterion (GDC) 3, TerraPowers June 3, 2022, letter referenced advanced reactor design criterion 3 from Regulatory Guide (RG) 1.232, Revision 0, Guidance for Developing Principal Design Criteria for Non-Light-Water Reactors (ML17325A611). While TerraPower has not yet submitted principal design criteria (PDCs) for the NRC staffs review, if the PDC for fire protection for the Natrium facility is substantially similar to the advanced reactor design criterion 3 from RG 1.232, the NRC staff expects that the TFF would not be needed to comply with fire protection requirements since the TFF is not relied on for any accident or transient mitigation.
Regulation 10 CFR 50.10(a)(1)(vii) is not applicable because, as discussed in the TerraPower assessment, the TFF does not contain onsite emergency facilities necessary to comply with the requirements of 10 CFR 50.47, Emergency plans, and 10 CFR Part 50, Appendix E, Emergency Planning and Preparedness for Production and Utilization Facilities.
As such, the NRC staff determined that the construction of the TFF does not meet the definition of construction provided in 10 CFR 50.10(a)(1) and therefore, a construction permit or a limited work authorization pursuant to 10 CFR 50.10 is not required to begin the construction of the TFF.
Because the information provided in TerraPowers June 3, 2022, letter is preliminary in nature and does not constitute a license application, the NRC staffs determination does not constitute either a review or approval of the design of the planned Natrium facility or the TFF or a verification that the Natrium plant or TFF will be constructed or perform as described by TerraPower. In addition, if the actual TFF and/or Natrium facility differ from the descriptions and information provided in TerraPowers June 3, 2022, letter, the NRC staffs determination could change.
Additionally, in TerraPowers June 3, 2022, letter, TerraPower stated that [p]otential fires at the TFF would not prevent the ability to achieve and maintain safe shutdown of the reactor, in evaluating the applicability of 10 CFR 50.10(a)(1)(vi). The NRC staff notes that, while this may be a design goal for the TFF and the Natrium reactor, the existence of the TFF adjacent to the Natrium reactor should be appropriately evaluated and addressed in TerraPowers construction permit and operating license applications. The sodium transfer interconnection between the TFF and the Natrium reactor should also be appropriately evaluated and addressed in TerraPowers construction permit and operating license applications.