ML24184B972

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Enclosure - Safety and Safeguards Report for the Global Laser Enrichment Exemption Request for Submittal of the Environmental Report in Advance of the Safety and Safeguards Analysis Report for the Paducah Laser Enrichment Facility
ML24184B972
Person / Time
Site: 07007033
Issue date: 08/19/2024
From:
NRC/NMSS/DFM/FFLB
To:
Shared Package
ML24184B970 List:
References
EPID L-2024-LLE-0023
Download: ML24184B972 (1)


Text

THE SAFETY EVALUATION REPORT FOR THE GLOBAL LASER ENRICHMENT EXEMPTION TO BIFURCATE SUBMITTAL OF THE ENVIRONMENTAL AND SAFETY AND SAFEGUARDS PORTION OF THE LICENSE APPLICATION FOR THE PADUCAH LASER ENRICHMENT FACILITY DOCKET NO. 70-7033 GLOBAL LASER ENRICHMENT, LLC

THE EXEMPTION REQUEST

The Global Laser Enrichment, LLC (GLE) exemption request was submitted via letter dated July 2, 2024 (Agencywide Documents Access and Management System [ADAMS] Accession No. ML24193A060). It requested authorization to submit a license application for a new enrichment facility in two parts: the environmental report (ER), followed by the safety and safeguards report (SAR). GLE requested the exemption because it anticipates the ER will be ready for submission several months in advance of the SAR. The request stated that the development of the ER will be ready to submit by the end of December 2024, and the SAR will be ready to submit by the end of June 2025. The exemption would allow GLE to submit the ER when it is completed, while allowing time to finalize the SAR.

BACKGROUND

GLE, a jointly owned subsidiary of Silex Systems Limited and Cameco Corporation, submitted the letter requesting an exemption from requirements in Title 10 of the Code of Federal Regulations (10 CFR), Sections 51.60(a), Environmental reportmaterials licenses and 70.21(h), Filing. GLE plans to submit a license application in 2025 to possess and use special nuclear material for a laser enrichment facility in Paducah, Kentucky, as discussed in pre-application meetings1 with the U.S. Nuclear Regulatory Commission (NRC).

The NRCs regulation at 10 CFR 70.21(h) states:

A license application for a uranium enrichment facility must be accompanied by an Environmental Report required under subpart A of part 51 of this chapter.

The requirement in 10 CFR 51.20(b)(7) states that the issuance of a license to possess and use special nuclear material for processing and fuel fabrication under 10 CFR Part 70 is one type of action that requires an environmental impact statement (EIS). The relevant requirements in 10 CFR 51.60(a) provide in part, that an applicant for a Part 70 license shall submit with its application a separate document, entitled Applicant's Environmental Report that contains the information specified in 10 CFR 51.45. Under these regulations an applicant seeking a Part 70 license for a fuel fabrication facility must submit a complete application that includes a safety evaluation report and an environmental report.

1 Meeting summaries for the pre-application meetings are available at ADAMS Accession Nos. ML24206A242, ML24206A243 (June 24 and 25, 2024 meeting).

Enclosure DISCUSSION

Under 10 CFR 70.17(a), the Commission may issue an exemption from the regulations in 10 CFR Part 70 that it determines is authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest. Similarly, under 10 CFR 51.6, the Commission may grant an exemption from the regulations in 10 CFR Part 51 that it determines is authorized by law and is otherwise in the public interest. GLE specifically requests an exemption from the requirements of 10 CFR 51.60(a) and 10 CFR 70.21(h). If granted, the exemption would permit the submission of a split license application, with the ER submitted first without the SAR. GLE proposes to submit the SAR to the NRC for review approximately 6 months but no later than 12 months after to the submittal of the ER.

The submittal of the ER and SAR must conform to the requirements in 10 CFR Section 2.101, Filing of application. Consistent with 10 CFR 2.101, the submittal of the ER and SAR will be evaluated by the technical staff to determine whether they contain sufficient information to accept the submittals for docketing and formal review. Consistent with the requirements in 10 CFR 2.101(b), the NRC staff decision to docket is based on the technical adequacy of the application as well as its completeness; both the ER and the SAR should be submitted in complete form prior to docketing. The criteria for granting specific exemptions to the NRCs regulations under 10 CFR 51.6 and 10 CFR 70.17(a) are discussed in more detail below.

Authorized by Law:

The exemption request is submitted under the NRCs regulations for specific exemptions at 10 CFR 51.6 and 10 CFR 70.17(a). GLE plans to submit a split application, with the ER to be submitted in advance of the SAR.

The requested exemption would allow the staff to begin its acceptance review of the environmental portions of the license application while the rest of the SAR is being completed.

After submission of the complete SAR, the NRC staff will proceed with the acceptance review of the SAR. The delay in submittal of the complete SAR will not negatively affect the NRC staffs review or findings, because the detailed technical review of the SAR and ER will not begin until a successful completion of the acceptance review and docketing. In addition, the review of the SAR portion of the application is a separate and distinct activity from the review of the ER.

The 10 CFR Part 51.20(b)(10) requirement will be met in full through submittal of an Environmental Report. The NRCs preparation of an EIS will be developed in accordance with requirements in 10 CFR 51, which implements section 102(2) of the National Environmental Policy Act (NEPA) of 1969, as amended, and the staff will use the guidance in NUREG-1748, Environmental Review Guidance for Licensing Actions Associated with NMSS Programs in conducting its review. The NRC staff finds that the proposed phased submission of the ER, in advance of the SAR, will ensure the procedural protections afforded by NEPA, and that the NRCs regulations would be fully implemented as part of its review of the split application. The NRC staff also determined that granting this exemption is permissible under the Atomic Energy Act of 1954, as amended, and that no other prohibition of law or the Commissions regulations exists to preclude the activities that would be authorized by the exemption. Therefore, the NRC staff finds the exemption is authorized by law, as required by both 10 CFR 51.6 and 10 CFR 70.17(a).

2 Does Not Endanger Life or Property or Common Defense and Security:

The regulation at 10 CFR 70.21(h) provides procedural requirements to ensure that environmental considerations are properly evaluated by the NRC staff prior to issuance of a license to possess and use special nuclear material for processing and fuel fabrication. The exemption will not have an impact on common defense and security since it only relates to the timing of when environmental information and license application documents are submitted and when the acceptance reviews may begin. It would also not endanger life or property as it does not impact the probabilities of evaluated accidents, margins of safety, effectiveness of programs, effluents, radiological exposure, or operations and decommissioning activities. The NRC staff will evaluate GLEs complete application after docketing, including the SAR and ER, before reaching a decision on whether to issue a license. Because the exemption will not authorize the possession or use of special nuclear material, the NRC staff finds that the proposed exemption does not endanger life or property of the common defense and security, as required by 10 CFR 70.17(a).

In the Public Interest:

The NRCs regulations for specific exemptions at 10 CFR 51.6 and 10 CFR 70.17(a) require that the staff determine whether the proposed request is in the public interest. The early submittal of the ER may help support a more efficient and effective licensing process. The Paducah Laser Enrichment Facility will deploy enrichment capacity to support the re-enrichment of depleted tails from legacy gaseous diffusion plants. Therefore, the exemption supports the timely deployment of GLEs technology, which may contribute to efforts by the nation and industry to build a robust domestic supply chain. For these reasons, the staff finds that granting the exemption is in the public interest, as is required by both 10 CFR 51.6, and 10 CFR 70.17(a).

ENVIRONMENTAL REVIEW

The NRCs regulations in 10 CFR 51.22(a) provide that certain licensing and regulatory actions, that fall within the categories of actions that the Commission has found do not individually or cumulatively have a significant effect on the human environment, are categorically excluded from an environmental review. The provisions of 10 CFR 51.22(c)(25)(i-v) and (vi)(G) state that granting an exemption from the requirements of any regulation of Title 10, is categorically excluded from an environmental review, provided that

(i) There is no significant hazards consideration; (ii) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) There is no significant increase in individual or cumulative public or occupational radiation exposure; (iv) There is no significant construction impact; (v) There is no significant increase in the potential for or consequences from radiological accidents; and (vi) The requirements from which an exemption is sought involve: (G) Scheduling requirements.

For the reasons described below, GLEs request meets the criteria for a 10 CFR 51.22(c)(25)(i-vi) categorical exclusion. There are no special circumstances in this request that require an environmental assessment or environmental impact statement. GLE does not hold a Part 70 license currently and this exemption is procedural in nature and relates only to the timing of the submission of the SAR and ER portions of the application, therefore the NRC staff finds no significant hazards consideration. Additionally, GLEs request pertains to an exemption

3 concerning the timing for submission of the application to obtain a Part 70 license. Additionally, (1) there are no effluents or offsite releases or significant increase in radiation exposure to workers or members of the public associated with this request; (2) there are no construction activities associated with this request, so there is no significant construction impact; (3) there is no significant increase in the potential for any radiological accidents associated with this request because granting the exemption does not permit facility operations; (4) because the exemption concerns the timing of the submission of required sections of an application, the exemption is related to a scheduling requirement under 10 CFR 51.22(c)(25)(vi)(G). Therefore, under 10 CFR 51.22(b) and 10 CFR 51.22(c)(25)(vi)(G) the NRC staff finds an environmental impact statement or environmental assessment does not need to be prepared in connection with the approval of this exemption request.

The NRC staff determines the requested exemption for the phased submittal of a complete license application, with the ER to be submitted in advance of the SAR, rather than both documents at the same time, meets the criteria in 10 CFR 51.22(c)(25)(i-v) and (vi)(G).

Therefore, this is an action that does not require a site-specific environmental review. The staff notes that a full site-specific environmental review will be conducted by the NRC staff, after receipt, acceptance, and docketing of a complete license application.

CONCLUSION

The staff finds that granting the exemption is authorized by law, will not endanger life or property or common defense and security, and is otherwise in the public interest. Therefore, the staff grants GLE a temporary exemption from the requirements of 10 CFR 70.21(h) and 10 CFR 51.60(a), until one year after official receipt of the ER in ADAMS.

PRINCIPAL CONTRIBUTORS

Matthew Bartlett, NMSS/DFM Joe Rudd, NMSS/DFM

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