ML25072A203
| ML25072A203 | |
| Person / Time | |
|---|---|
| Site: | University of Utah |
| Issue date: | 05/16/2025 |
| From: | Jeremy Bowen NRC/NRR/DANU/UNPL |
| To: | Goodell E Univ of Utah, Salt Lake City |
| Shared Package | |
| ML25072A204 | List: |
| References | |
| EPID L-2024-NLE-0003 | |
| Download: ML25072A203 (3) | |
Text
Dr. Edward Goodell, Director Utah Nuclear Engineering Program Joseph Merrill Engineering Building 110 Central-Campus Drive, Suite 2000 Salt Lake City, UT 84112
SUBJECT:
UNIVERSITY OF UTAH - APPROVAL OF EXEMPTION FROM THE REQUIREMENTS OF 10 CFR PART 55, OPERATORS LICENSES (EPID L-2024-NLE-0003)
Dear Dr. Goodell:
The U.S. Nuclear Regulatory Commission (NRC) has granted the requested exemption from Title 10 of the Code of Federal Regulations (10 CFR) Part 55, Operators Licenses, paragraph 55.53(e) for two licensed senior reactor operators (SROs) at the University of Utah TRIGA Nuclear Reactor (UUTR). The NRC staff has determined that an exemption from 10 CFR 55.59(a) is not required due to an alternative method of compliance already existing in the regulations. This letter is in response to the University of Utahs application dated June 17, 2024 (Agencywide Documents Access and Management System Accession No. ML24183A173), as supplemented by letters dated September 5, 2024, December 13, 2024, and February 10, 2025 (ML24250A104, ML24349A003, and ML25050A613, respectively), that requested exemptions to 10 CFR 55.53(e) and 10 CFR 55.59(a) in order to continue maintenance activities involving fuel handling and to return the facility to normal operations.
10 CFR 55.59(a) Evaluation The NRC staff evaluated the requested exemption from 10 CFR 55.59(a), which requires licensees to successfully complete an NRC-approved requalification program and pass both a comprehensive requalification written examination and an annual operating test. The NRC staff determined that an exemption to 10 CFR 55.59(a) is not necessary because the regulation 10 CFR 55.59(b) provides a mechanism by which the Commission may require a licensee to complete additional training if the requirements of 10 CFR 55.59(a) are not met. The University of Utahs application as amended delineates additional training and the staff is using 10 CFR 55.59(b) to require the SROs to complete the additional training and to submit evidence to the Commission of successful completion of this training before returning to licensed duties. The NRC staff does not require the two SROs to complete additional training prior to returning to licensed duties in UUTR Technical Specification (TS) 6.1.3.3.2 (specifically, fuel or control-rod relocations within the reactor core region) or other fuel handling activities. The licensees are required to complete certain additional training as specified in the exemption application as amended and discussed below, and submit evidence to the Commission of successful completion of this training before returning to other licensed duties.
As provided in 10 CFR 55.53(h), each operator and senior operator licensee shall complete a requalification program as described by 10 CFR 55.59. A licensees requirements for May 16, 2025
E. Goodell requalification include 10 CFR 55.59(a), which states that each licensee shall (1) successfully complete a requalification program developed by the facility licensee that has been approved by the Commission, and (2) pass a comprehensive requalification written examination and an annual operating test. The required content of requalification programs is provided in 10 CFR 55.59(c)(1)-(6), with a special allowance in 10 CFR 55.59(c)(7) acknowledging that to accommodate specialized modes of operation and differences in control, equipment, and operator skills and knowledge, the requalification program for each licensed operator and senior operator of a research reactor or test reactor facility must conform generally but need not be identical to the requalification program outlined in 10 CFR 55.59(c)(1)-(6), but with significant deviations permitted only if supported by written justification and approved by the Commission.
Topics and activities addressed by 10 CFR 55.59(c) include in 10 CFR 55.59(c)(3)(i) on-the-job training involving manipulating the plant controls for startups and shutdowns as applicable to the plant design.
The Commissions regulation at 10 CFR 55.59(b) provides the regulatory process to follow when a licensee has not met the requalification program requirements, and 10 CFR 55.59(b) states:
Additional training. If the requirements of paragraphs (a) (1) and (2) of this section are not met, the Commission may require the licensee to complete additional training and to submit evidence to the Commission of successful completion of this training before returning to licensed duties.
In its application as amended, the University of Utah explained that the SROs could not complete aspects (e.g., annual operating tests, or reactivity manipulations) of the requalification program due to an extended outage. In its application as amended, the University of Utah provides an explanation of the training planned under the umbrella of 10 CFR 55.59(b) for the SROs who have been unable to meet 10 CFR 55.59(a) during the extended shutdown of the UUTR. The 10 CFR 55.59(b) regulation does not provide for the licensee proposing additional training for the Commissions approval; the licensee is free to provide any additional training it deems appropriate. Instead, 10 CFR 55.59(b) sets forth a mechanism for the Commission to require completion of certain training prior to the reactor operator returning to licensed duties.
Nonetheless, the staff considered the additional training planned by the facility licensee and, when necessary, applied 10 CFR 55.59(b) to certain parts of the plans thereby converting the plans to requirements.
As an example of planned training, the facility licensee explained in its letter dated February 10, 2025 (ML25050A613), that the two SROs will train at a facility similar to UUTR and their training will involve operating power levels at the selected facility that will be at or as near as possible to 100 kilowatts-thermal (kWt) (full licensed reactor power at UUTR), and that reactivity manipulations at the selected facility will be in accordance with 10 CFR 55.59(c)(3)(i). UUTR confirmed that the training will involve four power manipulations: (1) from reactor shutdown, performing a reactor startup to 100 kWt; (2) performing a down power manipulation to 30 kWt; (3) performing an up-power manipulation to 90kWt; and (4) shutting down the reactor.
Another example of planned training, which the facility licensee explained in its letter dated September 5, 2024, is that once UUTR is in an operational status (which will be considered to be when there is successful completion of a thermal power calibration at 90 kWt), the SROs will complete annual operating tests in accordance with the UUTR training plan description of a console examination. This training in combination with a written examination and an exemption from quarterly licensed functions (provided in the enclosure to this letter) will bring operators back into requalification by having them complete all requalification requirements.
E. Goodell The NRC staff reviewed the planned training described in the application as amended. The NRC staff finds that the training is appropriate under the circumstances and will provide the SROs with refreshed knowledge and skills. The training targets the elements of the requalification program that the SROs were unable to complete, such as the annual operating test, reactivity manipulations, reactor startup, and reactor shutdowns.
The application as amended suggested that many aspects of its planned training were to satisfy 10 CFR 55.59(b). Section 6.1.3, Staffing, of the UUTR TSs lists various positions and actions requiring a licensed SRO, and these are examples of licensed duties as used in 10 CFR 55.59(b).
Pursuant to 55.59(b), the NRC staff is requiring the SROs to complete the additional training at a facility similar to UUTR discussed above before returning to full licensed duties, including restarting the reactor to perform a power calibration, or other activities other than fuel handling activities. The additional training will ensure that the licensees have completed reactivity changes and reactor startup and shutdowns so that the licensees will have current training on reactor operations prior to operating the UUTR. Also pursuant to 55.59(b), the NRC staff is requiring the SROs to submit evidence of successful completion of the training at the facility similar to UUTR before returning to licensed duties other than activities described in TS 6.1.3.3.2 or other fuel handling activities. Submission of the training will show proof to the NRC that the licensees have successfully completed the training the facility licensee committed to prior to starting restoration operations at the UUTR.
Since the facility licensee will provide training on fuel handling, as documented in its letter dated June 17, 2024, and given the narrower scope of these licensed activities, the NRC staff is not using 55.59(b) to require completion of, and submission of documentation of, additional training on this topic prior to returning to licensed duties involving fuel handling, including those described in TS 6.1.3.3.2.
10 CFR 55.53(e) Exemption The exemption is granted from the below listed regulation for the following SROs:
Name License No.
Andrew Allison SOP-504549 Edward Goodell SOP-505176 Exempted regulation:
Paragraph 55.53(e), which requires a licensee to actively perform the functions of an operator or senior operator. To maintain active status, the licensee at a test or research reactor shall actively perform the functions of an operator or senior operator for a minimum of four hours per calendar quarter. If an active status is not maintained, the licensee may not resume activities authorized by a license issued under 10 CFR Part 55 except as permitted by 10 CFR 55.53(f).
The exemption is enclosed with this letter and grants the two SROs an exemption from the NRCs active performance requirements at 10 CFR 55.53(e).
E. Goodell The exemption is effective immediately and expires December 31, 2025.
If you have any questions, please contact Jessica Lovett at (301) 415-4002, or via email at Jessica.Lovett@nrc.gov.
Sincerely, Jeremy Bowen, Director, 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:
Exemption cc: GovDelivery Subscribers Greives, Jonathan signing on behalf of Bowen, Jeremy on 05/16/25
Pkg: ML25072A204 Letter: ML2507A203 Enclosure (Exemption): ML25072A202 NRR-048 OFFICE NRR/DANU/UNPL:PM NRR/DANU/UAL2:LA OGC (NLO)
NRR/DANU/UNPO:BC NAME JHudson CSmith DRoth TBrown DATE 03/13/2025 04/24/2025 05/15/2025 05/15/2025 OFFICE NMSS/REFS:EPMB2 NRR/DANU/UNPL:BC (Acting)
NRR/DANU:D NAME JCaverly EHelvenston JGreives DATE 05/15/2025 05/15/2025 05/16/2025