ML23289A222

Summary of Call with the U.S. Department of Commerce, National Institute of Standards and Technology: Special Nuclear Material License Number-362 Renewal Application

ML23289A222
Person / Time
Site:	07000398
Issue date:	11/13/2023
From:	Osiris Siurano-Perez NRC/NMSS/DFM/FFLB
To:	Lav S NRC/NMSS/DFM/FFLB
References
EPID L-2023-RNW-0017
Download: ML23289A222 (1)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 13, 2023 MEMORANDUM TO: Samantha Lav, Chief Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Signed by Siurano-Perez, Osiris FROM: Osiris Siurano-Pérez, on 11/13/23 Project Manager Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards

SUMMARY

OF CALL WITH THE U.S. DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY: SPECIAL NUCLEAR MATERIAL LICENSE NUMBER-362 RENEWAL APPLICATION (ENTERPRISE PROJECT IDENTIFICATION NUMBER L-2023-RNW-0017)

On September 21, 2023, the U.S. Nuclear Regulatory Commission (NRC) staff held a call with representatives from the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), in Gaithersburg, Maryland, to discuss issues regarding NISTs application for renewal of Special Nuclear Material License Number-362. The purpose of the call was to request NIST to provide clarification of the information about certain technical areas within the application.

The call summary contains no proprietary or sensitive information. The staff from NIST, the NRC Office of Nuclear Security and Incident Response and the Office of Nuclear Material Safety and Safeguards reviewed this summary for factual correctness. No regulatory decisions were made during the call.

Docket No. 70-0398 License No. SNM-362

Enclosure:

Summary of Call cc: Manny Mejías, NIST CONTACT: Osiris Siurano-Pérez, NMSS/DFM 301-415-7827

S. Lav 2

SUMMARY

OF CALL WITH THE U.S. DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY: SPECIAL NUCLEAR MATERIALS LICENSE NUMBER 362 RENEWAL APPLICATION (ENTERPRISE PROJECT IDENTIFICATION NUMBER L-2023-RNW-0017)

DATE:

November 13, 2023 DISTRIBUTION:

DFM r/f HFelsher, NMSS/DWUP ASapountzis, NSIR CTeal, NSIRI JTobin, NMSS/DFM ADAMS Accession Number: ML23289A222 OFFICE NMSS/DFM/FFLB (PM) NMSS/DFM/FFLB (LA) NMSS/DFM/FFLB (BC) NMSS/DFM/FFLB (PM)

NAME O. Siurano J. Goodridge S. Lav O. Siurano DATE 10/17/23 10/17/23 11/13/23 11/13/23 OFFICIAL RECORD COPY

Summary of Call With the U.S. Department of Commerce, National Institute of Standards and Technology Date and Time: September 21, 2023, 1:30 - 2:30 PM Call

Participants:

U.S. Nuclear Regulatory Commission (NRC)

H. Felsher, Office of Nuclear Material Safety and Safeguards (NMSS)

S. Crane Lav, NMSS A. Sapountzis, Office of Nuclear Security and Incident Response (NSIR)

O. Siurano-Pérez, NMSS C. Teal, NSIR Department of Commerce, National Institute of Standards and Technology (NIST):

J. Claassen M. Mejías P. Retka

Background

By letter dated August 8, 2023 (Agencywide Documents Access and Management System

[ADAMS] Accession No. ML23220A398), the NIST submitted an application for renewal of Special Nuclear Materials License Number 362 (SNM-362). The NRC received the submittal on August 10, 2023. The NRC staff identified certain technical areas that needed clarification before the NRC staff could complete its acceptance review of the submittal. As such, to get clarification that would address its concerns, on September 21, 2023, the NRC staff conducted a call with NIST staff to obtain clarification of the information related to the areas of transportation security, physical security, and waste management.

Summary of call During the call, the NRC staff discussed the issues identified with the information provided in the submittal, which required NIST to either clarify or supplement the information in the submittal.

The issues that required clarification from NIST were the following:

Transportation Security The NRC staff sought clarification on how the applicant was meeting the transportation security regulations under Title 10 of the Code of Federal Regulations (10 CFR) Part 73.67(g) for Category (Cat) III SNM. The staff and NIST discussed the following topics, including information that could be provided to provide additional clarification:

• The staff requested a copy of the security plan referenced in Section 9.2.4 of the application.

• The staff sought clarification on whether NIST is shipping Cat III SNM or Cat 2 radioactive materials and to whom and how often in general. The staff also requested NIST discuss who is responsible for providing security for the material it ships out.

Enclosure

• The staff sought clarification on whether NIST receives any Cat III SNM or Cat 2 radioactive materials and from whom and how often in general. The staff also requested NIST discuss who is responsible for the shipment of the material to NIST.

Waste Management The staff sought clarification on how NIST would address 10 CFR Part 20.2006 requirements.

• The staff requested details about how NIST intends to comply, or complies, with 10 CFR Part 20.2006 requirements (Transfer for Disposal and Manifests);

• Sough clarification on why the application did not reference to 10 CFR Part 20 Subpart K; and

• Sough clarification on why the application did not reference radioactive waste manifests (NRC Forms 540, Uniform Low-Level Radioactive Waste Manifest -

Shipping Paper, and 541, Uniform Low-Level Radioactive Waste Manifest -

Container and Waste Description).

The staff also sought clarification on how NIST would address 10 CFR Part 20.2007 requirements.

• The staff requested information about 10 CFR Part 20 Subpart K; and

• The staff requested information/certification in the application that nothing relieves NIST from complying with other applicable Federal, State, and local regulations governing any other toxic or hazardous properties of materials that may be disposed of under this subpart.

The staff referred NIST to the discussion in sections 11.2.3., Transfer for Disposal and Manifests, and 11.2.4., Compliance with Environmental and Health Protection Regulations, of the SER for the Renewal of Special Nuclear Material License SNM-1373 for Idaho State University (ML22147A070), as an example of the information NIST should provide to demonstrate compliance with the 10 CFR Parts 20.2006 and 20.2007 requirements.

Physical Security In section 9.2.3 NIST described their Controlled Access Area (CAA) which is required under 10 CFR Part 73.67(f)(1). However, in that section they reference Radiation Safety Division (RSD) procedures. To make a determination of adequate protection the staff needs to review the procedures that describe the CAA.

During the call, NIST staff identified the following non-public documents that would provide some information to address the NRC staff concerns: 1) NISTs Physical Security Plan (PSP),

Revision 9, and 2) NISTs Procedure IP-8-3, Radioactive Waste Handling and Disposal. NIST staff stated that they will provide the NRC staff access to these documents at their documents database. The NRC staff will then review this information as part of its acceptance review for the license renewal application.

No regulatory decisions were made during this call. The teleconference was adjourned at around 2:05 PM.

2

Action Items

1. For NIST

a. Provide access to the NRC staff to their PSP and Procedure IP-8-3 for NRC staff review.

2. For the NRC

a. Review the additional NIST non-public documents that are not part of the submittal.

b. Make final determination on acceptance of the NIST submittal.

PRINCIPAL CONTRIBUTORS Harry Felsher, NMSS Alex Sapountzis, NSIR Osiris Siurano-Pérez, NMSS Charles Teal, NSIR 3