ML23109A346
| ML23109A346 | |
| Person / Time | |
|---|---|
| Site: | 07000398 |
| Issue date: | 04/24/2023 |
| From: | Stephen Poy NRC/NMSS/DFM/FFLB |
| To: | Lav S NRC/NMSS/DFM/FFLB |
| References | |
| Download: ML23109A346 (1) | |
Text
April 24, 2023 MEMORANDUM TO: Samantha Lav, Chief Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Signed by Poy, Stephen FROM: Stephen Poy, Project Manager on 04/24/23 Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards
SUBJECT:
SUMMARY
OF PRE-LICENSE APPLICATION TELECONFERENCE WITH DEPARTMENT OF COMMERCE On March 23, 2023, the U.S. Nuclear Regulatory Commission (NRC) staff held a closed license renewal pre-application teleconference with representatives from the Department of Commerce, National Institute of Standards and Technology (NIST). The purpose of the teleconference was to discuss sensitive technical issues in preparation for the NIST license renewal application submittal expected in August 2023.
I am enclosing the teleconference summary for your information. The summary does not contain sensitive information. The NRC staff from the Office of Nuclear Security and Incident Response (NSIR), Office of Nuclear Material Safety and Safeguards (NMSS), and NIST reviewed this summary for factual correctness.
Enclosure:
- 1. Summary of March 23, 2025, Pre-License Application Teleconference with U.S. Department of Commerce, National Institute of Standards and Technology Docket No. 07000398 License No. SNM-362 cc: Manny Mejias, NIST
Summary of Pre-License Application Teleconference With U.S. Department of Commerce, National Institute of Standards and Technology Date and Time: March 23, 2023, 3:30 - 4:30 PM Call
Participants:
U.S. Nuclear Regulatory Commission (NRC)
J. Chang, Office of Nuclear Material Safety and Safeguards (NMSS)
R. Jervey, NMSS S. Lav, NMSS S. Poy, NMSS A. Sapountzis, Office of Nuclear Security and Incident Response (NSIR)
O. Siurano-Pérez, NMSS D. White, NSIR Department of Commerce, National Institute of Standards and Technology (NIST)
J. Classen M. Mejias P. Retka
Background
Special nuclear materials license number 362 (SNM-362) for the NIST was renewed by the NRC in September 2013. Since the license is set to expire in September 2023, NIST will be submitting its license renewal application (LRA) in August 2023 (i.e., at least 30 days prior to the licenses expiration date).
Summary of teleconference On March 23, 2023, NRC staff from NMSS and NSIR conducted a non-public teleconference with representatives from the NIST to discuss technical issues associated with NISTs LRA. The NIST plans to submit their LRA to the NRC in August 2023. Due to the sensitive nature of the issues discussed, specific details of these discussions are not provided in this document.
The teleconference was initiated with opening remarks by the NRC project manager, followed by introduction of the participants. Discussion of the teleconferences main topics followed. The discussion topics were:
- 1. Physical security: NIST and NRC staffs discussed issues regarding part 37 vs. part 73 security requirements and the specific information to be submitted in the LRA.
- 2. Confirmatory Order EA-09-142: this Order was issued by the NRC Region IV following an NRC special inspection and an investigation by the NRC's Office of Investigations that identified violations associated with a plutonium contamination event at the NIST facility in Boulder, Colorado, in June 2008. NIST representatives stated that it has fulfilled all requirements in the Order and wants to request that it be rescinded. On this regard, the NRC staff stated that coordination with Region IV staff was necessary to determine the path forward.
Enclosure
- 3. Fire protection: NIST representatives requested clarification regarding specific fire protection requirements applicable to their facility since NIST conducts activities regulated under several Parts of 10 CFR.
A brief discussion regarding lessons-learned from the 2013 renewal process was held. During that process, the NRC staff developed a Lessons Learned Report providing recommendations for conducting the next LRA review process. NIST wants to ensure that the recommendations provided in the report are fully implemented to ensure a timely and successful review of the upcoming LRA.
NIST staff provided an overview of their NRC-licensed program. NIST staff noted that their program is complex since it includes materials and activities regulated under several parts of title 10 of the Code of Federal Regulations (10 CFR) including: byproduct materials (10 CFR Part 30), sealed source and devices (10 CFR Part 32), SNM (10 CFR Part 70), source material (10 CFR Part 40), irradiators (10 CFR Part 36), and broad scope research and development activities (10 CFR Part 33). NIST wanted to ensure the NRC staff was aware of this and that, as such, the LRA will include the necessary information for addressing all of these requirements. NIST staff stated that they intend to follow the guidance in draft NUREG-2212 and NUREG-1556, Volumes 6 and 11, to prepare the LRA.
The NIST staff discussion finished by stating that additional pre-licensing meetings with the NRC staff may be potentially requested to discuss other LRA-related issues to ensure their submittal meets regulatory requirements and provides all necessary information for the NRC staff to efficiently conduct its review.
No regulatory decisions were made during this call. The teleconference was adjourned at 4:30 PM.
Action Items There are no action items for the NRC nor NIST staffs resulting from this meeting.
References NRC, Confirmatory Order EA-09-142, March 1, 2010. Agencywide Document Access and Management System (ADAMS) Accession No. ML100601095 NRC, Lessons Learned Report, December 3, 2013. ADAMS Accession Number ML13322A453 PRINCIPAL CONTRIBUTORS Stephen Poy, NMSS/DFM/FFLB Osiris Siurano-Pérez, NMSS/DFM/FFLB 2
Memo ML23109A346 OFFICE NMSS/MSST/SLPB NSIR/DSO/SOSB NMSS/DFM/FFLB NRR NAME SPoy SP JCurry JC OSiurano-Perez OS SLav SL DATE Apr 19, 2023 Apr 20, 2023 Apr 21, 2023 Apr 23, 2023 OFFICE NMSS/MSST/SLPB NAME SPoy SP DATE Apr 24, 2023