ML25260A626
| ML25260A626 | |
| Person / Time | |
|---|---|
| Site: | Erwin |
| Issue date: | 09/26/2025 |
| From: | James Downs NRC/NMSS/DFM/FFLB |
| To: | Nuclear Fuel Services |
| Shared Package | |
| ML25260A622 | List: |
| References | |
| EPID L-2025-LLA-0143 | |
| Download: ML25260A626 (1) | |
Text
Enclosure 3 SAFETY EVALUATION REPORT Nuclear Fuel Services, Inc.
1205 Banner Hill Road Erwin, TN 37650 Docket No.70-143 License No. SNM-124
1.0 INTRODUCTION AND BACKGROUND
By letter 21G-25-0127, dated August 26, 2025 (Agencywide Documents Access and Management System Accession No. ML25246A659), Nuclear Fuel Services, Inc. (NFS) requested an extension to a temporary license condition issued by the U.S. Nuclear Regulatory Commission (NRC) on October 16, 2024 (ML24290A024), for special nuclear material (SNM) license number SNM-124. Previously, by submittal dated October 9, 2024 (ML24284A026),
NFS described measures being taken to support the temporary license condition and provided information to justify the proposed action as being eligible for categorical exclusion in accordance with Title 10 of the Code of Federal Regulations (10 CFR) Section 51.22(c)(11).
This safety evaluation report documents the NRC staffs review of the request to extend the timeframe for the temporary license condition.
On Friday, September 27, 2024, the NFS fuel cycle facility in Erwin, Tennessee, experienced a historic weather event that significantly impacted an off-site environmental air sampling location, which included complete loss of the commercial power infrastructure and public vehicle access.
Taking environmental air samples at that off-site location, which the weather event destroyed, is referenced in chapter 9 of the SNM-124 License Application (most recent publicly available version at ML18011A186) and is considered a licensing basis commitment.
As a condition of the license amendment issued on October 16, 2024, NFS committed to compensatory measurement locations, in lieu of the unavailable location, and was provided relief from the licensing basis commitment regarding that unavailable location. The license amendment indicated that NFS planned to restore air sampling capabilities at the original location when commercial power availability was restored, therefore the proposed license condition would only apply to NFS during the time of recovery. The temporary license condition was added under the Safety Conditions as condition S-10 in the SNM-142 license and was in effect for 1-year (i.e., valid through October 16, 2025).
Although commercial power has been restored near the original air sampling location, significant recovery efforts remain ongoing that would challenge the operation of air sampling at that location (e.g., the NRC staff has observed that vehicle access is limited near the original air sampling location - temporary/unpaved vehicle access is being used for demolition/construction of the adjacent industrial sites, which may potentially impair the instrumentation of the new air sampling tower). Therefore, NFS requested that the temporary license condition remain in effect until October 1, 2026, or until such time public vehicle access is restored near the original air sampling location.
2.0 REGULATORY EVALUATION
The NRC may grant a licensees request to amend its license if the staff determines that the application meets the requirements of 10 CFR 70.34, Amendment of licenses, which includes 10 CFR 70.21(a) for the application for a license amendment and 10 CFR 70.35, Commission
2 action on applications to renew or amend, which references the criteria set forth in 10 CFR 70.23, Requirements for the approval of applications. Therefore, the NRC may amend a license if the staff determines that requested changes will maintain adequate protection of public health and safety and the environment and not be inimical to the common defense and security.
The purpose of this review is to determine whether the continued commitments by NFS to the compensatory measurement locations remain an adequate interim substitution for extending temporary relief from the commitment in chapter 9 of the License Application regarding the unavailable air sampling location and thereby maintain adequate protection of public health and safety and the environment and not be inimical to the common defense and security.
3.0 TECHNICAL EVALUATION
Chapter 9 of the SNM-124 License Application contains commitments about environmental air sampling. Foremost, NFS environmental effluent monitoring and off-site dose calculations are derived from direct stack measurements taken on-site. During the processing of radioactive materials, NFS samples continuously all process stacks and vents with the potential to release airborne radioactivity at concentrations greater than or equal to 10 percent of the values in 10 CFR Part 20, Appendix B, Table 2, Column 1. Radionuclides expected in airborne discharges include trace amounts of isotopes of uranium (U-234, U-235, and U-238), thorium (Th-228, Th-230, Th-231, and Th-232), and plutonium (Pu-238, Pu-239, Pu-240, and Pu-241), as well as Tc-99 and Am-241. Source point airborne effluent sampling is located within each stack and collected daily. The sample is analyzed to demonstrate regulatory compliance, including trend evaluations to indicate any potential change over time. In its submittal dated October 9, 2024, NFS stated that all stack sampling locations are in operation and functioning without any reduction in effectiveness. Therefore, the NFS environmental effluent monitoring program remains in full compliance with 10 CFR Part 20 requirements and there are no impacts on the commitments to the radiation protection program, including effluent control and environmental monitoring, as described in sections 4.1 and 4.2 of the SNM-124 License Application.
Furthermore, there are no changes to the internal action levels that are implemented by NFS through procedural guidance, which continue to provide early identification of potential problems and prevent exceedance of guidelines set forth in 10 CFR 20.1301. For air effluents, action levels continue to be maintained below the as low as is reasonably achievable constraint set forth in 10 CFR 20.1101.
Chapter 9.2 of the SNM-124 License Application also contains commitments about the Environmental Surveillance Program, which NFS established to provide:
1.
Additional validation of effluent monitoring systems.
2.
Early detection and response to a negative trend in environmental data.
3.
Support data in the event of a release of radioactive material.
As part of the Environmental Surveillance Program, NFS collects and analyzes air samples, in addition to the direct stack measurements, to further monitor airborne radioactivity concentrations attributable to plant operations. The locations of these stations are specified in the License Application and are concentrated along the predominant wind directions.
Specifically, there are eight air sampling location commitments referenced in chapter 9 of the SNM-124 License Application for the Environmental Surveillance Program. Above and beyond that commitment, however, NFS collects air samples from a total of 22 locations across the site and surrounding areas.
3 In its submittal dated October 9, 2024, NFS stated that one of the eight environmental air sampling locations referenced in chapter 9 of the SNM-124 License Application for the Environmental Surveillance Program was physically destroyed by a historic weather event on Friday, September 27, 2024. In the license amendment issued on October 16, 2924, NFS committed to implementing temporary compensatory measures for that location by relying upon the sampling at two other existing locations. Both of the proposed locations are nearby the location that was destroyed and neither of the proposed locations are referenced in chapter 9 of the SNM-124 License Application for the Environmental Surveillance Program. However, because the proposed locations are part of the 22-stack sampling and environmental monitoring locations across the site and surrounding areas that NFS has historically collected air samples, data is available for gross Alpha/Beta (Ci/ml) measurements taken at each location.
In its submittal dated October 9, 2024, NFS provided the 5-year averages for the air samples taken at the two proposed locations to compare with those measured at the location that was destroyed. The data provided by NFS indicated that the proposed alternate locations had equivalent measurements to the location that was destroyed and are below regulatory values in 10 CFR Part 20, Appendix B, Table 2, Column 1. Additionally, NFS maintained its commitment to daily reviews of all point source airborne data from effluent stacks. The continuation of that commitment during an extension to the temporary license condition would maintain the ability for NFS to identify any upward trends or changes in operations and the point source data will further serve as a leading indicator for any potential off-site impact. Finally, the condition has been documented by NFS in its corrective action program and extending duration of the noted compensatory measures for the requested timeframe continues to limit any potential repercussions that the alternate sampling locations may have on the Environmental Surveillance Program.
4.0 ENVIRONMENTAL REVIEW Pursuant to 10 CFR 51.22(b) and 10 CFR 51.22(c)(11), issuance of amendments to licenses for fuel cycle facilities which are administrative, organizational, or procedural in nature, or which result in a change in process operations or equipment, are eligible for categorical exclusion from environmental review provided that: (i) there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite, (ii) there is no significant increase in individual or cumulative occupational radiation exposure, (iii) there is no significant construction impact, and (iv) there is no significant increase in the potential for or consequences from radiological accidents.
For the reasons described below, the request by NFS to extend the temporary license condition meets the criteria for a categorical exclusion in accordance with 10 CFR 51.22(c)(11). NFS is a fuel cycle facility and not a reactor. Therefore, the amendment to its license is within the scope of the noted categorical exclusion and there are no significant hazards considerations. Because the request by NFS does not change any chemical or nuclear process, there are no changes in the types or amounts of any effluents that may be released offsite. Because NFS does not change any nuclear process and individual/cumulative occupational radiation exposure will continue to be monitored and calculated based on current methodology using the point source stack sampling data, there is no significant increase in individual or cumulative occupational radiation exposure. Because the request by NFS does not propose any construction activities, there is no significant construction impact. Finally, there is no significant increase in the potential for any radiological accidents associated with this request, because the request does not affect the facilitys nuclear operations. Therefore, pursuant to 10 CFR 51.22(b) and
4 10 CFR 51.22(c)(11), no environmental impact statement or environmental assessment needs to be prepared in connection with the approval of this license amendment.
5.0 CONCLUSION
The measuring and monitoring devices for the disposal of radioactive effluents and wastes continue to be adequate to protect environment and public health and safety as specified in 10 CFR 70.22(a)(7), as discussed in section 9.4.1 of NUREG-1520, Rev. 2, Standard Review Plan for Fuel Cycle Facilities License Applications. Based on its evaluation and review, as documented above in this safety evaluation report, the NRC staff concludes that extending the noted temporary compensatory measures, in lieu of the commitment in chapter 9 of the License Application regarding the single off-site environmental air sampling location - which is unavailable, will maintain adequate protection of public health and safety and the environment and not be inimical to the common defense and security. The rationale for extending the temporary compensatory measures in lieu of these commitments is discussed above. The licensee's proposed equipment, facilities, and procedures remain adequate to protect health and minimize danger to life or property. The NRC staff concludes that these temporary compensatory measures remain acceptable, and the licensee will continue to provide reasonable assurance of adequate protection of public health and safety and the environment for the duration of the temporary license condition. Furthermore, an extension of the noted temporary compensatory measures has no impact on the protection of SNM and will not be inimical to the common defense and security. Therefore, the staff determined that the application meets the requirements of 10 CFR 70.23 and 70.34.
Pursuant to 10 CFR Part 70, the staff proposes revising license condition S-10 to SNM-124 as follows:
Notwithstanding the commitments in Chapter 9 of the SNM-124 license application, NFS shall implement compensatory measures, as stated in the letter dated October 9, 2024, for the air sampling location that was significantly impacted by the 2024 weather event.
In accordance with Chapter 9 of the license application, NFS has documented this condition in the Corrective Action Program. This condition shall remain in effect until the earlier of October 1, 2026, or upon restoration of normal conditions pertaining to commercial power and public vehicle access near the original air sampling location.
PRINCIPAL CONTRIBUTOR James Downs, NMSS/DFM