ML23320A133
| ML23320A133 | |
| Person / Time | |
|---|---|
| Site: | 07000398 |
| Issue date: | 02/09/2024 |
| From: | Osiris Siurano-Perez NRC/NMSS/DFM/FFLB |
| To: | Mackey E US Dept of Commerce, National Institute of Standards & Technology (NIST) |
| Shared Package | |
| ML23320A132 | List: |
| References | |
| EPID L-2023-RNW-0017 | |
| Download: ML23320A133 (7) | |
Text
Enclosure 1 REQUEST FOR ADDITIONAL INFORMATION LICENSING ACTION:
APPLICATION FOR RENEWAL OF SPECIAL NUCLEAR MATERIALS LICENSE - ENTERPRISE PROJECT IDENTIFICATION NUMBER L-2023-RNW-0017 LICENSEE:
DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY DOCKET NO.:
70-398 LICENSE NO.:
SNM-362 The U.S. Nuclear Regulatory Commission (NRC) staff has identified the additional information discussed below that is needed to complete its detailed technical review of the National Institute of Standards and Technology (NIST) license renewal application (LRA). The NIST should provide this information within 30 days from the date of this communication.
A. Technical Review Area: Radiation Protection (RP) - Application section 2.
1.
RAI # RP-1: Commitment to provide adequate personnel contamination equipment.
Regulatory basis:
Title 10 of the Code of Federal Regulations (10 CFR) 20.1502 states, in part, that each licensee shall monitor exposures to radiation and radioactive material at levels sufficient to demonstrate compliance with the occupational dose limits.
The requirements in 10 CFR 70.22, Contents of applications, state, in part that:
(a) Each application for a license shall contain the following information:
(7) A description of equipment and facilities which will be used by the applicant to protect health and minimize danger to life or property (such as handling devices, working areas, shields, measuring and monitoring instruments).
Issue description:
In section 2.2.2.4, Minimization of Contamination, of the LRA, the NIST states that personnel contamination monitoring shall be performed as indicated in the hazard analysis associated with a source specific protocol and when exiting contamination control zones. In addition, NIST stated that any detectable skin contamination shall require initiation of decontamination procedures and that personnel decontamination efforts shall be discontinued if there is indication that continued efforts could result in damage to the skin and possible higher risks due to uptakes of material. However, the LRA does not specify that the hazard analysis will ensure that personnel contamination equipment will be appropriate for all reasonably expected isotopes.
2 Request:
Provide written commitment that NISTs hazard analysis shall ensure that personnel contamination equipment will be appropriate for all reasonably expected isotopes.
B. Technical Review Area: Nuclear Criticality Safety (NCS) - LRA section 3.
1.
RAI # NCS-1: Subcriticality and Double Contingency Principle Regulatory basis:
The regulations in 10 CFR 70.22(a)(8) require that each application for a license shall include proposed procedures to protect health and minimize danger to life or property (such as procedures to avoid accidental criticality, procedures for personnel monitoring and waste disposal, post-criticality accident emergency procedures, etc.).
The guidance in section 5.3.A.1 of NUREG-1520, Standard Review Plan for Fuel Cycle Facilities License Applications, Revision 2, states that NRC staff reviews should include the section of the license application describing the licensees or applicants license commitments with regard to the NCS program, including identification of the organization and administration of the NCS program, management measures, and methodologies and technical practices.
Issue description:
In section 3.4, Subcriticality and Double Contingency Principle, of the LRA, the NIST states that it is committed to practices to ensure that, by applying the sum of the fractions rule, no combination of fissile uranium and plutonium exceeding 80% of a critical mass, as specified in 10 CFR 70.4, shall be used or stored at any single location.
However, in section 3.8, Calculational Method Validation, of the LRA, the NIST describes the use of a validated calculational method and states that calculations for criticality are based on summation of special nuclear material (SNM) in each predefined location, suggesting that the use of a validated calculational method may be used to determine criticality safety limits. Furthermore, in section 3.1, Use of Industry Standards, of the LRA, the NIST states that the administration of the Maryland Radiation Safety Division (RSD) NCS program uses Regulatory Guide RG-3.71, Nuclear Criticality Safety Standards for Nuclear Materials Outside Reactor Cores, Revision 3, which endorses American National Standards Institute/American Nuclear Society (ANSI/ANS)-8.1, Nuclear Criticality Safety in Operations with Fissionable Material Outside Reactors. This suggests that criticality safety limits may be derived from the single parameter limits stated in ANSI/ANS-8.1. Given that the use of a validated calculational method is described, and that ANSI/ANS-8.1 contains mass limits (i.e., single parameter limits), it is not clear how this is consistent with the licensees commitment to ensure that no combination of SNM exceeding 80% of a critical mass (as defined in 10 CFR 70.4) will be used or stored at any single location, and it is not clear how criticality safety limits will be determined.
Request:
Clarify the method for establishing criticality safety limits. State whether a validated calculational method (e.g., SCALE or MCNP) may be used to determine criticality safety
3 limits, criticality safety limits are derived from the single parameter limits in ANSI/ANS-8.1, or criticality safety limits are set such that 80% of a critical mass (as defined in 10 CFR 70.4) is not exceeded.
C. Technical Review Area: Fire Protection (FP) - LRA section 5.
1.
RAI # FP-1: Fire safety features of the facility design.
Regulatory basis:
The requirements in 10 CFR 70.22, Contents of applications, state that:
(a) Each application for a license shall contain the following information:
(7) A description of equipment and facilities which will be used by the applicant to protect health and minimize danger to life or property (such as handling devices, working areas, shields, measuring and monitoring instruments, devices for the disposal of radioactive effluents and wastes, storage facilities, criticality accident alarm systems, etc.).
The guidance in section 7.4.3.3, Facility Design, of NUREG-1520, Rev. 2, states that an adequate application documents the fire safety considerations used in the general design of fuel cycle facilities. The guidance in section 5.1, Facility Design, of draft NUREG-2212, Standard Review Plan for Applications for 10 CFR Part 70 Licenses for Possession and Use of Special Nuclear Materials of Critical Mass but not Subject to the Requirements in 10 CFR Part 70, Subpart H, states that an application should document commitments pertaining to the fire safety of the equipment and facilities that the applicant will use to protect health and minimize danger to life or property, including a description of building construction, fire area determination, fire-rated walls or opening protection, electrical installation, lightning protection, emergency lighting, life safety and egress, ventilation, and fire water drainage - all facility design characteristics that affect fire safety.
Issue description:
In the LRA, the NIST does not provide sufficient information on the new H-Wing of Building 245 and its subsequent renovation.
In section 5, Facility Design, of the LRA, the NIST stated that the new H-Wing of Building 245 (the building where the majority of NISTs operations involving use of licensed materials are conducted and also houses NISTs Gamma IR lab and the panoramic beam and self-shielded irradiators) is separated from the existing building by back-to-back 2-hour fire rated barriers. The NIST also stated that the new H-Wing and its subsequent renovation is a noncombustible Type II-B building constructed per the 2015 Edition of the International Building Code and the NFPA codes described in section 5 of the LRA. However, the NIST did not include information clearly showing the new H-Wing and its fire safety features. The staff is not sure whether these features are included in Figure 2-1 (Enclosure 2) or Figure 3-1 (Enclosure 3) of the LRA.
4 Request:
To adequately evaluate the fire safety features in Building 245, provide the following information:
1.
Provide the layouts which show:
- a. the back-to-back 2-hour fire barriers, and other fire safety features (e.g., fire suppression systems, fire detection/alarm system, etc.) of Building 245, including those for the new H-Wing;
- b. the location of the H-Wing in relation to Building 245.
2.
Describe the fire safety features in the new H-Wing and its subsequent renovations which may affect the buildings fire protection features.
D. Technical Review Area: Material Control and Accounting (MC&A) - LRA section 7.
1.
RAI # MC&A-1: Physical Inventory Regulatory basis:
The regulations in in 10 CFR 74.19(c) require, in part, that certain licensees who are authorized to possess SNM in a quantity greater than 350 grams of contained uranium-235, uranium-233, or plutonium, are to conduct a physical inventory of all SNM in its possession under license at intervals not to exceed 12 months.
Issue description:
In section 2.1.3, Authorized Users, of the LRA, the NIST states that the source custodian responsibilities with respect to material accountability include performing physical inventory verifications and reconciling documentary records as necessary. In section 7.6, Physical Inventories, of its LRA, the NIST states that the RSD maintains procedures that provide guidance on the planning, conducting, assessing, and reporting of physical inventories of SNM. NIST also states that source custodians shall maintain inventory records of and conduct an annual physical inventory for the licensed sources under their responsibility.
In section 2.2, Radiation Protection Program, of its LRA, the NIST states that for activities conducted under this license, the time interval of annual is defined as, at least once each year with an interval not to exceed fifteen (15) months. As there are no other definitions for annual within the LRA, it is unclear whether this time interval of annual applies to section 7.6 for physical inventories.
Request:
Provide clarification in section 7.6 that physical inventories of all SNM under the license as required by 10 CFR 74.19(c) are conducted at intervals not to exceed 12 months.
5 E. Technical Review Area: Radioactive Waste Management (RWM) - LRA section 11.
1.
RAI # RWM-1: Commitment for meeting the requirements in 10 CFR 20.2006, Transfer for disposal and manifests, and discussion on how NIST intends to meet these requirements.
Regulatory basis:
The requirements in 10 CFR 20.2006 state, in part, that:
(a) The requirements of this section and appendix G to 10 CFR Part 20, Requirements for Transfers of Low-Level Radioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests, are designed to:
(1) Control transfers of low-level radioactive waste by any waste generator, waste collector, or waste processor licensee, as defined in this part, who ships low-level waste either directly, or indirectly through a waste collector or waste processor, to a licensed low-level waste land disposal facility (as defined in Part 61 of this chapter);
(2) Establish a manifest tracking system; and (3) Supplement existing requirements concerning transfers and recordkeeping for those wastes.
(b) Any licensee shipping radioactive waste intended for ultimate disposal at a licensed land disposal facility must document the information required on NRC's Uniform Low-Level Radioactive Waste Manifest and transfer this recorded manifest information to the intended consignee in accordance with appendix G to 10 CFR Part 20.
(c) Each shipment manifest must include a certification by the waste generator as specified in section II of appendix G to 10 CFR Part 20.
(d) Each person involved in the transfer for disposal and disposal of waste, including the waste generator, waste collector, waste processor, and disposal facility operator, shall comply with the requirements specified in section III of appendix G to 10 CFR Part 20.
(e) Any license shipping byproduct material as defined in paragraphs (3) and (4) of the definition of Byproduct material set forth in § 20.1003 intended for ultimate disposal at a land disposal facility licensed under part 61 of this chapter must document the information required on the NRCs Uniform Low-Level Radioactive Waste Manifest and transfer this recorded manifest information to the intended consignee in accordance with appendix G to this part.
Note that the guidance in draft NUREG-2212, Standard Review Plan for Applications for 10 CFR Part 70 Licenses for Possession and Use of Special Nuclear Materials of Critical Mass but not Subject to the Requirements in 10 CFR Part 70, Subpart H, states that NRC regulations require that radioactive waste be disposed of in accordance with regulatory requirements and license conditions and that appropriate records of waste disposal must be maintained. The guidance in draft NUREG-2212 also states that
6 applicants should describe their program for disposal of radioactive waste, that the program should include procedures for disposal of radioactive waste, and that licensees are required to maintain all appropriate records of disposal of radioactive waste.
Issue description:
The NIST LRA does not include a commitment for meeting the requirements in 10 CFR 20.2006. In section 2.2.6, Waste Management, of the LRA, NIST states the following regarding the RSD:
The RSD shall train individuals who generate waste to ensure appropriate collection of all waste materials that could contain radioactivity. Wastes are segregated and collected in accordance with written procedures, documenting the source term, activity, physical and chemical state, and any other information necessary to ensure safety of the handlers and compliance with processor and disposal facility contractual and license requirements. On request from the individual, RSD collects the waste for packaging and shipment. The wastes shall be disposed of either by transfer to a licensed waste processing contractor or by shipping directly to a licensed disposal site.
If a contractor is used, the waste shall be packaged according to the contractors instructions and in compliance with the appropriate shipping regulations. If the shipment is direct to a licensed disposal site, then all applicable waste-form regulations and restrictions on packaging shall be followed. If appropriate, wastes may be compacted onsite with a commercial compactor as part of the packaging process. Wastes that cannot be accommodated in drums are packaged in U.S.
Department of Transportation compliant shipping containers, as specified by the contractor.
The NIST LRA does not include any reference to 10 CFR 20.2006, 10 CFR Part 20 Subpart K, manifest tracking system, radioactive waste manifests (NRC Form 540, Uniform Low-Level Radioactive Waste Manifest - Shipping Paper, and NRC Form 541, Uniform Low-Level Radioactive Waste Manifest - Container and Waste Description).
After the September 21, 2023, NRC/NIST call (see ML23289A222), NIST provided NRC access to procedure IP 8-3 (Radioactive Waste Handling and Disposal), Revision 3.
However, during the call NIST stated that it did not want to commit to IP 8-3 in the LRA.
The NRC staff cannot consider aspects of IP 8-3 (or any other NIST document) until NIST informs the NRC staff what aspects of IP 8-3 (or any other NIST document) will NIST commit to demonstrate that it meets the requirement of 10 CFR 20.2006.
Request:
Provide NISTs written commitment for meeting the requirements in 10 CFR 20.2006 and discuss how it intends to meet these requirements.
7 2.
RAI # RWM-2: Commitment for meeting the requirements in 10 CFR 20.2007, Compliance with environmental and health protection regulations, and discussion on how NIST intends to meet the requirement.
Regulatory basis:
The requirement in 10 CFR 20.2007 states that Nothing in this subpart relieves the licensee 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. In addition, the Regulatory Criteria in section 2.2.6, Waste Management, of draft NUREG-2212, Standard Review Plan for Applications for 10 CFR Part 70 Licenses for Possession and Use of Special Nuclear Materials of Critical Mass but not Subject to the Requirements in 10 CFR Part 70, Subpart H, provides guidance that states that Radioactive waste must be disposed of in accordance with regulatory requirements and license conditions.
Issue description:
The NIST LRA does not include a commitment to meet 10 CFR 20.2007. In section 2.1.2, Radiation Safety Officer, of its LRA, the NIST includes the following in relation to the requirements in 10 CFR 20.2007:
The RSO responsibilities include:
Establishing and maintaining an effective radiation safety program that allows for the safe and regulatorily compliant use of ionizing radiation sources in a manner that conforms with As Low As Reasonably Achievable principles and applicable Federal, State, and local regulations and NIST policy; The NIST LRA does not include any reference to 20.2007. After the September 21, 2023, NRC/NIST call (see ML23289A222), the NIST provided procedure IP 8-3, Rev. 3; however, during the call, NIST stated that it did not want to commit to IP 8-3 in the LRA.
The NRC cannot consider aspects of IP 8-3 (or any other NIST document) until NIST informs the NRC staff what aspects of IP 8-3 (or any other NIST document) it will commit to demonstrate that it meets the requirement in 10 CFR 20.2007.
Request:
Provide NISTs written commitment for meeting the requirements in 10 CFR 20.2007 and discuss how it intends to meet these requirements.