ML23291A332
| ML23291A332 | |
| Person / Time | |
|---|---|
| Site: | 99902094 |
| Issue date: | 10/18/2023 |
| From: | Paulette Torres NRC/NRR/DANU |
| To: | Brooks C University of Illinois |
| References | |
| L-2022-NFN-0008 | |
| Download: ML23291A332 (6) | |
Text
From:
Paulette Torres Sent:
Wednesday, October 18, 2023 11:57 AM To:
Brooks, Caleb Cc:
Edward Helvenston; Kelly Sullivan; Patrick Boyle; Josh Borromeo; Foyto, Les; Grunloh, Timothy P; Greg Oberson (He/Him); Steve Jones
Subject:
Action: Request for Additional Information Regarding UIUC Regulatory Applicability Topical Report Release 02 Attachments:
RAI regarding UIUC Regulatory Applicability TR Release 02.pdf
Dear Dr. Brooks:
By letter dated December 9, 2022 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML22343A282), University of Illinois at Urbana-Champaign (UIUC or the applicant) submitted Release 1 of Topical Report (TR), University of Illinois Urbana-Champaign High Temperature Gas-cooled Research Reactor: Applicability of Nuclear Regulatory Commission Regulations, for the U.S. Nuclear Regulatory Commission (NRC) staffs review.
The staff held a public meeting with the applicant on June 8, 2023, to discuss the NRC staff's preliminary questions on the UIUC applicability of NRC regulations topical report (ADAMS Accession No. ML23159A036). The staff prepared a list of discussion topics and UIUC prepared slides addressing the topics (ADAMS Accession No. ML23151A544 and ML23158A252, respectively). Based on discussions during that meeting, UIUC stated that a revised TR would be submitted. The applicant forwarded the revised TR, Release 2, by letter dated August 30, 2023 (ADAMS Accession No. ML23242A329).
The U.S. Nuclear Regulatory Commission (NRC) staff identified additional information needed to continue its review of the topical report, as described in the enclosed request for additional information (RAI). As discussed on email dated September 19, 2023 (ADAMS Accession No. ML23262B024), provide a response to the RAI or a written request for additional time to respond, including the proposed response date and a brief explanation of the reason, within 60 days of this email. Following receipt of the complete response to the RAI, the NRC staff will continue its review of the topical report.
If you have any questions regarding the NRC staffs review or if you intend to request additional time to respond, please contact me at (301) 415-5656 or by electronic mail at Paulette.Torres@nrc.gov.
Sincerely, Paulette Torres, Project Manager Non-Power Production and Utilization Facility Licensing Branch Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Project No. 99902094 EPID: L-2022-NFN-0008
Enclosure:
As stated cc: GovDelivery Subscribers
Concurrence on RAI Enclosure OFFICE NRR/DANU/UNPL/PM NRR/DANU/UTB1/BC NRR/DANU/UNPL/BC NRR/DANU/UNPL/PM NAME PTorres GOberson JBorromeo PTorres DATE 10/10/2023 10/13/2023 10/17/2023 10/18/2023
Hearing Identifier:
NRR_DRMA Email Number:
2279 Mail Envelope Properties (SA0PR09MB7036C9918A6D8ED29E5D1279FED5A)
Subject:
Action Request for Additional Information Regarding UIUC Regulatory Applicability Topical Report Release 02 Sent Date:
10/18/2023 11:56:37 AM Received Date:
10/18/2023 11:56:00 AM From:
Paulette Torres Created By:
Paulette.Torres@nrc.gov Recipients:
"Edward Helvenston" <Edward.Helvenston@nrc.gov>
Tracking Status: None "Kelly Sullivan" <Kelly.Sullivan@nrc.gov>
Tracking Status: None "Patrick Boyle" <Patrick.Boyle@nrc.gov>
Tracking Status: None "Josh Borromeo" <Joshua.Borromeo@nrc.gov>
Tracking Status: None "Foyto, Les" <lfoyto@illinois.edu>
Tracking Status: None "Grunloh, Timothy P" <tgrunloh@illinois.edu>
Tracking Status: None "Greg Oberson (He/Him)" <Greg.Oberson@nrc.gov>
Tracking Status: None "Steve Jones" <Steve.Jones@nrc.gov>
Tracking Status: None "Brooks, Caleb" <csbrooks@illinois.edu>
Tracking Status: None Post Office:
SA0PR09MB7036.namprd09.prod.outlook.com Files Size Date & Time MESSAGE 2534 10/18/2023 11:56:00 AM RAI regarding UIUC Regulatory Applicability TR Release 02.pdf 110399 Options Priority:
Normal Return Notification:
No Reply Requested:
No Sensitivity:
Normal Expiration Date:
OFFICE OF NUCLEAR REACTOR REGULATION REQUEST FOR ADDITIONAL INFORMATION APPLICABILITY OF NUCLEAR REGULATORY COMMISSION REGULATIONS TOPICAL REPORT UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN PROJECT NO. 99902094 The U.S. Nuclear Regulatory Commission (NRC) staff reviewed the University of Illinois Urbana-Champaign (UIUC) High Temperature Gas-cooled Research Reactor: Applicability of Nuclear Regulatory Commission Regulations, Topical Report (TR), Release 02, dated August 30, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23242A329) for compliance with the appropriate regulations in Title 10 of the Code of Federal Regulations (10 CFR) using the following guidance and standard(s):
o NUREG-1537 Part 1, Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors, Format and Content, issued February 1996 (ADAMS) Accession No. ML042430055) o NUREG-1537 Part 2, Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors, Standard Review Plan and Acceptance Criteria, issued February 1996 (ADAMS Accession No. ML042430048)
Based on its review, the NRC staff requires the following additional information to continue its review of the UIUC TR.
- 1) Section 3.1 of the UIUC TR, titled Applicability of Existing Regulations to Non-LWR Technologies, states under the bullet, Staffing Requirements, that Staffing for research reactors is not required to meet 10 CFR 50.54. However, Attachment 1 to the UIUC TR indicates that 10 CFR 50.54(m)(1) regarding the presence or availability of a senior operator applies as is. Please clarify the intended applicability of 10 CFR 50.54(m)(1) to the proposed research reactor.
- 2) Section 4.1 of the UIUC TR, titled Applicability Identified in Regulations via Entry Conditions, included a statement that some regulations define limited applicability in their titles. The section is not complete because it does not address the scope of review in determining the applicability conditions for a regulation. The Federal Register citation associated with each regulation provides a statement of considerations during development of the regulation, the text of the regulation contains the specific requirements, and the title of the regulation briefly summarizes the scope. These three sources may not provide equivalent and identical detail regarding applicability of the regulation. Please clarify how all sources of information regarding applicability (i.e., entry conditions as described in the UIUC TR) would be evaluated and any conflicts resolved.
- 3) Figure 4-1, Process for Determining Applicability of NRC Regulation, indicates comparisons of determinations made using entry conditions would be made against other documents as confirmatory actions, including comparisons against the list of regulations identified by the staff as applicable to research reactors in Appendix A to NUREG-1537, Part 1, Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors - Format and Content, which was published in February 1996. Please clarify how regulations would be screened for changes implemented after the issue date of documents identified for use in comparisons to ensure validity of the comparisons.
- 4) Table 4.1 of the UIUC TR describes the category of 2 N/A to NPUF used to indicate regulations that do not apply to NPUFs on the following basis: NPUFs do not need to meet regulations that have entry conditions pertaining to power reactor. Based upon UIUC qualifying for a Class 104(c) license, which is a non-power reactor, the power reactor regulations are not applicable. Section 4.2.1, Item 2, and Section 6.1.1 of the UIUC TR identify 10 CFR 50.68, Criticality accident requirements, as having an entry condition of nuclear power reactor. Further, Table 5.1, Steps in Process to Evaluate NRC Regulation Applicability to UIUC MMR, of the UIUC TR indicates that, after completion of the review based on entry conditions, the results would be compared with other sources of relevant information including the Kairos Power LLC Topical Report, Regulatory Analysis for the Kairos Power Fluoride Salt-Cooled High Temperature Reactor - TR, Revision 4 (KP-TR-004, Rev. 4) (ML22018A161), and differences would be reconciled. The Kairos TR identifies 10 CFR 50.68 as not applicable to the Kairos test reactor on the rationale that the test reactor is not a power reactor, and that 10 CFR 70.24, Criticality accident requirements, applies for criticality monitoring. Please clarify how the categorization process, including comparison with other relevant sources of information, was applied to 10 CFR 50.68 and how paragraph (b) (7) was identified as under consideration for an exemption.
- 5) Per 10 CFR 50.34(a)(3), the application for construction permit must include the preliminary design of the facility, including (i) the principal design criteria (PDC) and (ii) the design bases and relationship of the design bases to the PDC. Following the statement regarding principal design criteria in 10 CFR 50.34(a)(3)(i), the regulation states, Appendix A, General Design Criteria for Nuclear Power Plants, establishes minimum requirements for the principal design criteria for watercooled nuclear power plants similar in design and location to plants for which construction permits have previously been issued by the Commission and provides guidance to applicants for construction permits in establishing principal design criteria for other types of nuclear power units. Table 5.1, Steps in Process to Evaluate NRC Regulation Applicability to UIUC MMR, of the UIUC TR indicates that, after completion of the review based on entry conditions, the results would be compared with other sources of relevant information, including Appendix A, Applicability of Selected Regulations in Title 10, Chapter I, of the Code of Federal Regulations to Non-Power Reactors, of NUREG-1537, Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors - Standard Review Plan and Acceptance Criteria, Part I, and differences reconciled. Appendix A to NUREG-1537 identifies 10 CFR 50.34(a)(3) as applicable to non-power reactors. Please clarify how the categorization process, including comparison with other relevant sources of information, was applied to 10 CFR 50.34(a)(3) to determine applicability subgroup 1 N/A for 10 CFR 50.34(a)(3)(i), as shown in Attachment 1 to the UIUC TR.
- 6) The regulations at 10 CFR 50.34 (g) and 10 CFR 50.44(d) related to combustible gas control state that those requirements apply to all applicants for a reactor construction permit or operating license whose application is submitted after October 16, 2003. Table 5.1, Steps in Process to Evaluate NRC Regulation Applicability to UIUC MMR, of the UIUC TR indicates that, after completion of the review based on entry conditions, the results would be compared with other sources of relevant information including the Kairos Topical Report, KP-TR-004, Rev. 4, and differences would be reconciled. The Kairos TR identifies 10 CFR 50.34(g) and 10 CFR 50.44(d) as applicable to the Kairos test reactor. The current version of 10 CFR 50.44, including all of paragraph(d), was issued in 2003, which is after the publication of NUREG-1537. Please clarify how the category of 2 N/A to NPUF and the note N/A per 1537 App. A was assigned to 10 CFR 50.34(g) and 10 CFR 50.44 using the categorization process described in Section 4 and Table 5.1 of the UIUC TR.