ML23039A151

Cover Letter - Approval of GNF-A Er Exemption Request

ML23039A151
Person / Time
Site:	07001113
Issue date:	03/03/2023
From:	Soto S NRC/NMSS/DFM/FFLB
To:	Murray S Global Nuclear Fuel - Americas
Shared Package
ML23039A150	List: ML23039A151 ML23039A152
References
EPID L-2023-LLE-0002
Download: ML23039A151 (3)

Text

March 3, 2023 Mr. Scott P. Murray, Licensing Manager Global Nuclear Fuel-Americas 3901 Castle Hayne Road P.O. Box 780 Wilmington, NC 28402

SUBJECT:

APPROVAL OF GLOBAL NUCLEAR FUEL - AMERICAS EXEMPTION REQUEST TO SUPPORT SUBMITTAL OF THE SUPPLEMENTAL ENVIRONMENTAL REPORT IN ADVANCE OF THE SAFETY AND SAFEGUARDS PORTION OF THE LICENSE AMENDMENT REQUEST (ENTERPRISE PROJECT IDENTIFIER (ENTERPRISE PROJECT IDENTIFIER L-2023-LLE-0002)

Dear Scott Murray:

Global Nuclear Fuel-Americas, LLC (GNF-A) submitted a letter dated January 4, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23004A196), requesting an exemption from requirements in Title 10 of the Code of Federal Regulations (10 CFR), Sections 51.60(a), "Environmental reportmaterials licenses." The exemption request supports GNF-As plans to submit a license amendment request in 2023 to possess and use special nuclear material for processing and fuel fabrication at a proposed facility at its Wilmington, North Carolina location. The exemption request seeks authorization to submit the license amendment application in two parts: the supplemental environmental report (ER) followed by the safety and safeguards portion of the license amendment request (LAR).

Under the regulations at 10 CFR 51.61(a), an applicant must submit the ER and LAR together as a complete package.

A safety evaluation report of the U.S. Nuclear Regulatory Commission (NRC) staffs review of the exemption request is enclosed. The staff finds that granting the exemption is authorized by law, will not endanger life or property or common defense and security, and is otherwise in the public interest. Therefore, the staff grants GNF-A a temporary exemption from the requirements of 10 CFR 51.60(a), until one year after official receipt of the supplemental ER in the ADAMS database. Neither granting the exemption request nor beginning a review of the supplemental ER prior to receipt of the LAR indicates a commitment by the NRC to accept the license application for docketing.

In its Request for Exemption, GNF-A states, [t]he exemption and subsequent NRC review would allow GNF-A to initiate construction activities of the 10 CFR Part 70 components of the NFFF even if the 10 CFR 51.60 timing requirement is not met. As an initial matter, the staff notes that 10 CFR 51.60(a) does not include a specific timing requirement. Furthermore, the granting of the exemption from 10 CFR 51.60(a) does not exclude GNF-A from compliance with all applicable NRC requirements. For example, 10 CFR 70.23(a)(7) states, in relevant part, that commencement of construction prior to the NRC making a determination on issuance of the

S. Murray 2 amendment is grounds for denial to possess and use special nuclear material in the plant or facility. Commencement of construction as defined in section 70.4 may include non-construction activities if the activity has a reasonable nexus to radiological safety and security.

In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter and enclosure will be available electronically for public inspection in the NRC Public Document Room (PDR) and in ADAMS. The ADAMS database is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. The PDR is currently closed. You may submit your request to the PDR via e-mail at PDR.Resource@nrc.gov or call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except Federal holidays.

If you have any questions regarding this communication, please contact Jonathan Rowley at 301-415-4053 or via email at Jonathan.Rowley@nrc.gov.

Sincerely, Downs, James signing on behalf of Soto Lugo, Soly on 03/03/23 Soly Soto Lugo, Acting Chief Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No. 70-1113

Enclosure:

Safety Evaluation Report cc: gnfa@listmgr.nrc.gov

ML23039A150; Ltr ML23039A151 NMSS/MSST OGC/GCRPS OFFICE NMSS/DFM/FFLB NSIR/DPR

/MSEB /HLWFCNS/NLO NAME JRowley JR JGoodridge JG RSun RS PJehle PJ DATE Feb 8, 2023 Feb 9, 2023 Feb 24, 2023 Mar 3, 2023 OFFICE NMSS/REFS SSoto NAME JDowns for JD DATE Mar 3, 2023