ML24220A021

University of Utah - Supplemental Information Needed for Acceptance of the Application for an Exemption Request Re Requalification and License Activities Exemption

ML24220A021
Person / Time
Site:	University of Utah
Issue date:	08/22/2024
From:	Hudson J NRC/NRR/DANU/UNPL
To:	Allison A Univ of Utah
References
EPID L-2024-NLE-0003
Download: ML24220A021 (1)

Text

Andrew Allison, Interim Director Utah Nuclear Engineering Program Joseph Merrill Engineering Building 110 Central Campus Drive, Suite 2000 Salt Lake City, UT 84112

SUBJECT:

UNIVERSITY OF UTAH - SUPPLEMENTAL INFORMATION NEEDED FOR ACCEPTANCE OF THE APPLICATION FOR AN EXEMPTION REQUEST RE:

REQUALIFICATION AND LICENSE ACTIVITIES EXEMPTION (EPID L-2024-NLE-0003)

Dear Andrew Allison:

By letter dated June 17, 2024 (Agencywide Documents Access and Management System Accession No. ML24183A173), University of Utah applied for an exemption to requalification requirements and license duties for the University of Utah TRIGA Nuclear Reactor. The exemption request proposes to provide relief to requalification requirements and license condition requirements for the licensee to perform maintenance.

The purpose of this letter is to provide the results of the U.S. Nuclear Regulatory Commission (NRC) staff acceptance review of the exemption request. The NRC staff has determined that the information described in the enclosure to this letter is needed to find the application acceptable and begin the detailed technical review. Accordingly, the NRC staff requests a supplement to the application to address the information described in the enclosure to this letter by September 6, 2024. If the supplement is not received by the agreed date, the application will not be accepted for review pursuant to Title 10 of the Code of Federal Regulations (10 CFR)

Section 2.101, Filing of application, and the NRC may cease its associated review activities.

Any request for additional time to provide the supplement should include the reason and a proposed date to provide the supplement to allow the NRC staff to make an informed decision on whether to grant the request.

August 22, 2024 The NRC staff discussed the enclosure and the time frame for providing a supplement with you on August 2, 2024. If you have any questions, please contact me at (301) 287-0538, or by email at Justin.Hudson@nrc.gov.

Sincerely, Justin Hudson, 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 Docket No. 50-407 License No. R-126

Enclosure:

As stated cc: GovDelivery Subscribers Signed by Hudson, Justin on 08/22/24

ML24220A021 NRR-088 OFFICE NRR/DANU/UNPL/PM NRR/DANU/UNPL/LA NRR/DANU/UNPO/BC NAME JHudson NParker TTate DATE 08/07/2024 08/07/2024 08/19/2024 OFFICE NRR/DANU/UNPL/BC NRR/DANU/UNPL/PM NAME HCruz JHudson DATE 08/22/2024 08/22/2024 OFFICE OF NUCLEAR REACTOR REGULATION

SUPPLEMENTAL INFORMATION NEEDED FOR

ACCEPTANCE OF AN EXEMPTION REQUEST

UNIVERSITY OF UTAH TRIGA NUCLEAR REACTOR

LICENSE NO. R-126; DOCKET NO. 50-407

The U.S. Nuclear Regulatory Commission (NRC) staff will need additional justification and basis for Title 10 of the Code of Federal Regulations (10 CFR) 55.59, Requalification, paragraph (a) and the 10 CFR 55.53, Conditions of licenses, paragraph (e) exemption requests. The NRC staff requests the following:

1. It is not clear to the NRC staff as to why all of 10 CFR 55.59 (a) was requested to be exempt if the need is only for the annual operating exam. Please provide additional justification as to why an exemption to 10 CFR 55.59 (a) is required.

2. The NRC staff notes that the licensee requested retroactive exemptions to requalification and license requirements that do not meet the regulatory requirements. The exemption request lists a start date of March 1, 2024 (for the 10 CFR 55.59 exemption) and April 1, 2024 (for the 10 CFR 55.53 exemption). Regulatory requirements are subject to NRC enforcement and retroactive exemptions to regulatory requirements is not authorized by law.

Exemptions from NRC requirements are effective from the time of issuance by the NRC and for the period specified in the exemption granted. Please revise the exemption request accordingly.

3. The NRC staff requests additional information regarding the special refresher training that will be provided to the licensed operations staff prior to reloading the core. If the special refresher training is not in accordance with the NRC approved requalification program, please provide the content of the training, how this training will be used to bring operators back into requalification and/or active status, and how the training will be documented.

4. The exemption request provides the purpose of the request but does not provide the NRC staff a justification for how granting this exemption will not endanger life or property. The NRC staff requests:

a. Justification for how exempting the reactor operators from the requirements will not endanger life or property when performing license duties under this exemption.

b. The request does not provide how exempting operators at the University of Utah from 10 CFR 55.59 (a) or 10 CFR 55.53 (e) will be in the best interest of the public. Justification for why this exemption is in the best interest of the public is requested.

Enclosure