ML23187A629

Cover Letter - Approval of Exemption from 10 CFR 73-67(d) and (E) for Physical Security of TRISO-X

ML23187A629
Person / Time
Site:	Triso-X
Issue date:	08/28/2023
From:	Lav S NRC/NMSS/DFM/FFLB
To:	Wheeler J Triso-X
Shared Package
ML23187A628	List: ML23187A629
References
EPID L-2023-LLE-0012
Download: ML23187A629 (1)

Text

OFFICIAL USE ONLY SECURITY RELATED INFORMATION UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 28, 2023 Jennifer Wheeler, Director Regulatory Affairs, Fuel Production TRISO-X, LLC 400 Centrifuge Way Oak Ridge, TN 37830

SUBJECT:

APPROVAL OF TRISO-X, LLC REQUEST FOR AN EXEMPTION FROM THE REQUIREMENTS Of SPECIFIED PORTIONS OF TITLE 10 OF THE CODE OF FEDERAL REGULATIONS 73.67(d) AND (e) FOR PHYSICAL SECURITY OF THE PROPOSED TRISO-X, LLC FUEL FABRICATION FACILITY (ENTERPRISE PROJECT IDENTIFIER L-2023-LLE-0012)

Dear Jennifer Wheeler:

TRISO-X, LLC (TRISO-X), a wholly owned subsidiary of X-Energy, LLC, submitted a letter dated April 21, 2023 (Agencywide Documents Access and Management System [ADAMS]

Accession No. ML23111A263). The request seeks an exemption from the requirements in Title 10 of the Code of Federal Regulations (10 CFR), sections 73.67(d), "fixed site requirements for special nuclear material of moderate strategic significance," and portions of 73.67(e), "in-transit requirements for special nuclear material of moderate strategic significance." TRISO-X seeks approval to apply in their place the requirements of 10 CFR 73.67(f) "fixed site requirements for special nuclear material of low strategic significance" and portions of 10 CFR 73.67(g)

"in-transit requirements for special nuclear material of low strategic significance," respectively, to finished fuel stored onsite while awaiting transport under certain circumstances discussed below.

A safety evaluation report of the U.S. Nuclear Regulatory Commission (NRC) staff's review of the exemption request is attached in the enclosure. The staff finds that granting the exemption that is authorized by law, will not endanger life, property, or common defense and security, and is otherwise in the public interest. Therefore, the staff grants TRISO-X an exemption to utilize the requirements of 10 CFR 73.67(f) in lieu of 10 CFR 73.67(d) and 10 CFR 73.67(g) in lieu of 10 CFR 73.67(e) following NRC determination on the license application request.

This letter concludes action on this submittal and Enterprise Project Identifier L-2023-LLE-0012 is closed.

This letter is decontrolled when separated from the enclosure which contains Official Use Only - Security-Related Information.

OFFICIAL USE ONLY SECURITY RELATED INFORMATION

OFFICIAL USE ONLY SECURITY RELATED INFORMATION J. Wheeler 2 In accordance with 10 CFR 2.390 of the NRC's "Agency Rules of Practice and Procedure," a copy of this letter and enclosures will be available electronically for public inspection in the NRC Public Document Room (PDR) and in ADAMS. The PDR is currently closed. You may submit your request to the PDR via email 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.

ADAMS is accessible from the NRC website at https://www.nrc.gov/reading-rm/adams (the Public Electronic Reading Room).

If you have any questions regarding this communication, please contact Matthew Bartlett at 301-415-7154 or via email at Matthew.Bartlett@nrc.gov.

Sincerely, Signed by Lav, Samantha on 08/28/23 Samantha Lav, Chief Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No. 70-7027

Enclosure:

Safety Evaluation Report cc: xenergy@listmgr.nrc.gov OFFICIAL USE ONLY SECURITY RELATED INFORMATION

ML23187A628; Ltr ML23187A629 OFFICE NMSS/DFM/FFLB NSIR/DSO/SOSB DPCP/MSB NMSS/DFM/FFLB NAME MBartlett MB JCurry JC LSmith LS Slav SL DATE Jul 10,2023 Jul 10,2023 Aug 25,2023 Aug 28,2023