NRC-98-0044, Application for Amend to License DPR-9,allowing Util to Possess Special Nuclear Matl in Quantity Totaling No More than 15 Grams of U-235,U-233 or Pu,Or Any Combination Thereof,W/Pu Activity Totaling No More than 2 Ci

Application for Amend to License DPR-9,allowing Util to Possess Special Nuclear Matl in Quantity Totaling No More than 15 Grams of U-235,U-233 or Pu,Or Any Combination Thereof,W/Pu Activity Totaling No More than 2 Ci

ML20236S114
Person / Time
Site:	Fermi
Issue date:	07/17/1998
From:	Gipson D DETROIT EDISON CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
CON-NRC-98-0044, CON-NRC-98-44 NUDOCS 9807240133
Download: ML20236S114 (10)

Text

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. Douglas R. Gipson Senior Vive President, Nuclear Generation Fermi 2 L 6400 North Dixie llwy., Newport, Michigan 48166 l Tel: 313.586.5201 Frx 313.586.4172 Detroit Edison July 17,1998 L NRC-98-0044 -

L U. S. Nuclear Regulatory Commission L a ~ Attention: Document Control Desk

Washington, D C 20555-0001 ,

References:

1) Enrico Fermi Atomic Power Plant, Unit No. I NRC Docket No,50-16 j NRC License No. DPR-9 j

2) Detroit Edison Letter, NRC-98-0023,

" Proposed License Amendment to Allow Possession ofContaminated Apparatus j L and Sources", dated January 28,1998 l

Subject:

Proposed License Amendment -

l. To A' low Possession of a Nominal Amount of Specnd Nuclear Material L Pursuant to'10 CFR 50.90, Detroit Edison hereby proposes to amend Possession -

Only License DPR-9 for the Fermi I plant by modifying Pan 2.B of the License.

L. This application proposes to allow Detroit Edison to possess special nuclear material -

(SNM)in a quantity totaling no more than 15 grams ofuranium-235, uranium-233 or [

plutonium, or any combination thereof, with plutonium activity totaling no more than /

l 2 curies.

l-

The reason for this change is to allow Detroit Edison to possess nominal quantities of L special nuclear material that may remain in plant systems or be associated with l; radioactive apparatus or equipment. The 15 gram and 2 curie limit specified is below /

the criteria requiring emergency planning, criticality monitoring, or material status d)l l-  ! repons per 10 CFR 70 and 10 CFR 74.

, The description and evaluation of the changes are included in Enclosure 1 to this letter, i

Detroit Edison requests prompt approval of this request and asks that this amendment

,3 G4'7 be approved with an implementation time period of"within 60 days." This will allow approval of procedure changes needed to implement the amendment.

!- . 9907240133 980717 [ ' '

i PDR ADOCK 05000016 y l P PDR i- A DTE Energy Company L '*'- _ >

USNRC

. NRC-98-0044

.Page 2 Detroit Edison has evaluated the proposed change against the criteria of 10 CFR 50.92 and determined that No Significant Hazards Consideration is involved. The Fermi 1 Review Committee has reviewed and approved the proposed amendment. In accordance with 10 CFR 50.91, Detroit Edison is providing a copy of this letter to the State of Michigan.

If there are any questions, please contact Lynne Goodman, Director Fermi 1 at 734-586-1205.

Sincerely, ,

4 Enclosure cc: Regional Administrator, NRC Region III S.W. Brown G.A. Harris P. Lee, NRC Region III Director, Office of NMSS,NRC I.

7 SHARON K. 8JCKLEY

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% Pubuc Monroe County

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USNRC NRC-98-0044

.Page 3 I, DOUGLAS R. GIPSON, do hereby aflirm that the foregoing statements are based on facts and circumstances which are true and accurate to the best of my knowledge

'and belief.

1 M

DOUGLAS RIGIPSON Senior Vice President On this day of- 9 .1998 before me personally I L'

, appeared Douglas R. Gipson, being first duly swom and says that he executed the foregoing as his free act and deed -

N f '

Notary Public l KAREN M. RES "d$yE s erset N l

l

___-__________-_-__a

Enclosure 1 NRC-98-0044 Page1 .

ENCLOSURE 1 DESCRIPTION AND EVALUATION OF PROPOSED LICENSE AMENDMENT TO ALLOW POSSESSION OF A NOMINAL AMOUNT OF SPECIAL NUCLEAR MATERIAL Enrico Fermi Atomic Power Plant, Unit 1 NRC Docket No. 50-16 NRC License No. DPR-9 l

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Enclosure 1 -

NRC-98-0044 Page 2 4

' INTRODUCTION This proposed amendment requests that Detroit Edison be allowed to possess special nuclear material in a quantity totaling no more than 15 grams of U-235, U-233, or plutonium, or any combination thereof and with plutonium activity totaling no more than 2 curies.

The reason for this request is to allow Detroit Edison to possess nominal quantities of special nuclear material that remain in plant systems from operation of the reactor or are associated with

. radioactive apparatus or equipment. During the original decommissioning of the Fermi 1 V facility, all fuel and blanket materials were removed from the site. ' After the blanket material was removed, the special nuclear material sections of the license _were deleted. However, it is now believed that trace quantities of special nuclear material may be contained in plant systems. The literal words of the license do not cover possession of special nuclear material remaining from L plant operation, since only possession of the reactor and byproduct material are addressed. The '

10 CFR 30 definition of byproduct material excludes special nuclear material.

One' composite smear sample from the liquid waste sump, analyzed for 10 CFR 61 l characterization purposes in 1995 by an outside laboratory, did show a small amount of Pu-239/240. The result was 1.27 E-5 Ci. During review of the recent amendment request

. submitted in Reference 2, the results of this 1995 smear analysis were compared to the wording .

'in the license. Personnel recognized that the literal wording in the license does not specifically allow possession of special nuclear material contained in plant contamination. Review of the licensing history concluded that the provisions for possessing special nuclear material were removed from the license after the reactor blanket material was shipped offsite. Since the fuel had earlier been removed, it was concluded at that time (c.1975) that all special nuclear material .

_was gone. ' Any small amounts of material remaining in system contamination were not ,

. addressed, nor was any special nuclear material identified in any sample results reported in the

)

[ Retirement Reports.  !

I L . Fifty additional smears from the area were taken in January 1998 and counted on a Tennelec ~

B  : Automated Counter. Alpha radiation was not detected. if a significant quantity of plutonium

- was present, alpha or appreciable beta activity would have been detected. Additional smears .

.were taken February 11,1998, until detectable activity was measured. While no alpha activity  ;

was detected on the smears using the Tennelec Automated Counter, smears with detectable j h radioactive contamination are considered more likely to contain plutonium than smears with  ;

L lesser contamination. Two smear samples with measurable beta activity were sent offsite for j additional, more sensitive analysis. The results were received in May 1998. The composite of the smears was analyzed to have 1.04 E-2 Ci of Pu-239/240 and 2.16 E-3 pCi of Pu-238.

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. J Enclosure 1 NRC-98-0044 Page 3 - -

The 1998 smear results were higher in Pu-239/240 and Pu-238 content than the 1995 analysis.

Previous analyses of hot sump water and waste tank water did not identify plutonium. A conclusion can be reached that the remaining plutonium is not evenly spread throughout the 3 system. Very localized deposits may be present in the liquid waste system. Both the 1995 and

.1998 composite smears on which the plutonium was detected had been taken from the surface of a sump pump that had previously been removed from its installed location in the sump and-placed on the grating.

To estimate the amount of plutonium in the system, the ratio of the amount of plutonium in the 1998 smears to amount of Co-60 was multiplied by the licensing basis estimate of Co-60 in the l

j waste system, which was 6.0 E+3 pCi. This estimate is conservative since the 1998 plutonium content on the smears was higher than the previous analyses and the licensing basis Co-60 estimate for the waste system was performed in 1986. The total waste system inventory of plutonium is estimated to be less than 1 gram. Note that the amount in the waste system is less than the limit of error allowed in current regulations in 10 CFR 70.51(e)(5) for special nuclear material accountability. ,

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. Whether plutonium is also deposited elsewhere inside plant systems, such as inside the primary system is not known. The internals of the reactor vessel are not currently accessible to obtain samples. A sample from a drum of primary sodium from Fermi 1 was analyzed at Argonne National Laboratory-West in 1997. The Pu-239 concentration was less than the minimum detectable activity (<2.3 E-4 Ci/g).

Activities at the plant during operation and decommissioning could conceivably have led to small quan@ce of special nuclear material remaining in primary system or waste system contamina%i. These divities include the cutting of fuel and blanket subassemblies prior to shipping and the 1966 damage to two subassemblies. Therefore, Detroit Edison believes this amendment is warranted.

- Since it is possible that additional special nuclear material could be detected at a later date when additional systems are opened or samples taken, Detroit Edison is proposing that the license also accommodate additional special nuclear material if found in the future. If the threshold for

, special nuclear material oflow strategic significance is exceeded based on additional material identified, the regulatory requirements for the amount of special nuclear material identified will l apply at that time.

Regulatory Guide 1.86, " Termination of Operating Licenses for Nuclear Reactors", does address that a licensee having a possession-only license needs to maintain a special nuclear material license until the fuel, radioactive components, and sources are removed from the facility.

Radioactive components remain at Fermi 1 during the current SAFSTOR status.

To allow possession of trace amounts of special nuclear material, Detroit Edison proposes to add

subpart 4 to Part 2.B of the Fermi 1 license, reading as follows:

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1 Cz________________ _ __ _ . _

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4 Enclosure 1

' NRC-98-0044 '

Page 4 - *

(4) Pursuant to the Act and 10 CFR Part 70," Domestic Licensing of Special Nuclear Material" to receive, acquire, possess, use and transfer, but not separate, special nuclear material in a quantity not to exceed 15 grams of U-235, U-233, or plutonium, or any combination thereof and not to exceed plutonium activity of 2 curies. If special nuclear

- material in quantities exceeding 15 grams or more than 2 curies ofplutonium are identified in plant contamination in the future, this license permits possession and transfer of the special nuclear material and the additional applicable requirements of 10 CFR Part 70, Part 73, and Part 74 will apply for the amount possessed.

EVALUATION The proposed amendment to allow Detroit Edison to possess a small amount of special nuclear j material limits the amount to not exceed 15 grams of U-235, U-233, or plutonium, or any I combination thereof and the plutonium activity not to exceed 2 curies. This amendment will I allow Detroit Edison to possess trace amounts of special nuclear material that remain in plant  !

systems, recognizing that all fuel and blanket assemblies were removed from the site. The majority of analyses performed on samples from Fermi I systems have not identified any special ,

nuclear material, including the analyses at the end of the original decommissioning or when preparing information for the SAFSTOR license in the 1980s. As discussed earlier, two composite smear samples have been analyzed and contain a very small amount ofplutonium.

Also, it is possible that contaminated apparatus, tools, hardware, or equipment may contain incidental amounts of special nuclear material. Therefore, the proposed amendment requests

' Detroit Edison be allowed to receive, acquire, possess, use and transfer, but not separate, up to 15 grams of U-235, U-233, or plutonium, with the plutonium activity not to exceed 2 curies.

The limit was chosen to be very low so the amount of special nuclear material permitted by the license is below the criteria of 10 CFR 70 requiring material status reports, criticality monitoring,

. a formal security plan, an emergency plan or maximum release evaluation. Based on the small amount of special nuclear material this amendment would authorize, the existing radiation protection program will function to protect the health and safety of facility personnel and the public. The additional requirement will be to track and keep records of the quantity of special nuclear material at Fermi 1 and to ensure the licensed limit is not exceeded. This includes records of receipt, inventory (including location), disposal, acquisition, and transfer of special nuclear material. Tracking the amount contained in plant systems will need to be based on l L estimates from current and future analyses. Reporting requirements of 10 CFR 74.11 regarding j l theft or diversion of special nuclear material will also apply. Requirements for transferring  !

special nuclear material per 10 CFR 74 will also apply, but special nuclear material control,

' physical inventory, and accounting requirements of 10 CFR 74 and 10 CFR 70 will not apply. ]

The definitions in 10 CFR 70.4 include three categories of special nuclear material based on mass. The 15 grams requested in this letter falls below the criteria for the lowest class defined,  !

that of special nuclear material oflow strategic sigmficance. This category applies only to I z - - - --_

4 Enclosure 1 NRC-98-0044 Page 5 .

amounts greater than 15 grams. In addition to being below the amount requiring a security plan or contingency plan per 10 CFR 70, the fixed site requirements for special nuclear material

. physical pro'tection per 10 CFR 73 do not apply to quantities below special nuclear material of low strategic significance. Section 10 CFR 73.55 details requirements for physical protection of

- licensed activities in nuclear power reactors against radiological sabotage. While Fermi 1 is licensed as a power reactor, it does not have a security plan, nor is it licensed to possess reactor fuel.. Detroit Edison is licensed to possess, but not operate the facility. The Commission can authorize a licensee to provide alternate measures. In this case, since Fermi 1 is not licensed to operate or possess fuel, the requirements for physical protection for special nuclear material are more appropriate than the 10 CFR 73.55 power reactor requirements. The amount of special nuclear material requested by this license amendment is below the criteria of 10 CFR 70 and 10 CFR 73.67 for requiring protection at fixed sites, so the NRC has already &termined physical protection is not needed for such a small amount of special nuclear material at a fixed site. The Fermi 1 Technical Specifications do specify requirements for site security and access control to

- the Fermi 1 Protected Area.

An estimation of the impact of the radionuclides identified on the smears on the liquid waste accident analysis has been performed. The draft Fermi 1 Safety Analysis Report is being updated based on the evaluation.

Based on the small amount of special nuclear material being requested to be licensed at Fermi 1, that the amount is less than the definition for special nuclear material oflow strategic significance, that the material will be contained in plant contamination or in incidental amounts on contaminated apparatus, tools, hardware, or equipment, this request does not introduce any new challenges to safety at the Fermi I facility. Also, separation of special nuclear material is not being requested by the license amendment,~

If additional special nuclear material is identified in plant contamination in the future, the proposed amendment will require the established applicable regulatory requirements of 10 CFR Part 70, Part 73, and Part 74 to apply if 15 grams of special nuclear material or 2 curies of plutonium is exceeded. The license as proposed will only permit possession and transfer of

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more than 15 grams of special nuclear material or 2 curies of plutonium ifit is identified in plant contamination and so already at Fermi 1. The proposed license wording allows transfer to enable future decontamination and disposal. Since the already established applicable regulatory requirements for the amount of special nuclear material will apply if more than 15 grams of material or 2 curies of plutonium is identified in the future, this proposed provision will ensure appropriate actions are taken for safe possession of the material.

SIGNIFICANT HAZARDS CONSIDERATION i

In accordance with 10 CFR 50.92, Detroit Edison has made a determination that the proposed amendment involves no significant hazards consideration. To make this determination, Detroit L

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'- Enclosure 1 NRC-98-0044 Page 6 .

i Edison must estabh6 thrt conduct of acf vities in accordance with the proposed amendment

, would not: (1) invoh; a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the p ossibility of a new or different kind of accident from any accident previously evaluated; or (3) iNolve a significant reduction in a margin of safety.

1. The proposed amendment does not involve a significant increase in the probability or consequences of an accident. Possessing trace amounts of special nuclear material cannot affect the probability of the analyzed sodium or liquid waste accidents. The ability to possess such material does not in itself change any methods of handling liquid waste or sodium. Possession of special nuclear material could potentially increase the consequences of an accident ifit was in use or in the vicinity if an accident occurs. However, the increase in consequences would not be significant due to the limitations on radioactivity content of such special nuclear material. The special nuclear material limit is below that requiring an emergency plan or maximum dose evaluation per 10 CFR 70.22(i). Since the quantity is below that requiring an offsite emergency plan or evaluation, even if all the special nuclear material allowed to be possessed by the proposed amendment were released during a postulated accident, the consequences would not be significantly increased. If the  !

provision allowing for possession of more than 15 grams of special nuclear material or ,

2 curies of plutonium is identified in plant contamination in the future were to be used, the I requirements of 10 CFR 70.22(i) would need to be assessed and a dose evaluation performed or an emergency plan submitted if required to ensure the analyzed accident is L appropriately addressed and mitigated. Any such special nuclear material would be l contained in remaining plant contamination since fuel and blanket material were shipped offsite during 1973 - 1975. Therefore, this amendment does not involve a significant l increase in the probability or consequences of an accident.

- 2. The proposed amendment does not create the possibility of a new or different type of j accident from any previously evaluated. Allowing possession of small amounts of special  ;

nuclear material does not change methods of monitoring the facility or operation or smveillance of any systems at Fermi 1. The amount requested is below that requiring L criticality monitoring per 10 CFR 70.24 and separation of the'special nuclear material will L . not be permitted. Thus, there is no identified physical mechanism for creating an accident based on the existance of such material in the quantities specified. If the provision ,

allowing for possession of more than 15 grams of special nuclear material or 2 curies of l plutonium ifidentified in plant contamination in the future were to be invoked, applicable provisions to ensure public safety per 10 CFR Part 70, Part 73, and Part 74 will apply. For these reasons, allowing Detroit Edison to possess very limited amounts of special nuclear .

material at Fermi 1 will not create the possibility of a new or different type of accident. I w

m-----a -.--- - - - _ - . . - - - . - - -

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Enclosure 1 NRC-98-0044 Page 7 .

3. The proposed amendment does not involve a significant reduction in the margin of safety at Fermi 1. No changes to any systems, or the status of any systems or structures, are created by this amendment. Being able to have a very limited amount of special nuclear material at Fermi 1 will not significantly reduce the margin of safety because a 10 CFR Part 20

. program is already in place and the amount of special nuclear material is being limited

.below criteria requiring an emergency plan, security plan, special material control program

. or criticality monitoring. If more than 15 grams of special nuclear material or 2 curies of plutonium is identified in plant contamination in the future, the proposed license amendment will require the applicable portions of 10 CFR Part 70, Part 73, and Part 74 to apply for the amount identified. For these reasons, this amendment will not significantly reduce the margin of safety at Fermi 1.

ENVIRONMENTAL IMPACT

' Detroit Edison has reviewed the proposed amendment against the criteria of 10 CFR 51.22 for environmental considerations. The proposed changes do not involve a significant hazards consideration, nor significantly change the types or increase the amounts of effluents that may be released offsite, nor significantly increase individual or cumulative occupational radiation

, exposures, due to the very limited amount of special nuclear material being licensed. Based on i the foregoing, Detroit Edison concludes that the proposed amendment meets the criteria given in 10 CFR .51.22 (c) (9) for a categorical exclusion from the requirements for an Environmental

! Impact Statement. Also, the criteria of 10 CFR 51.22(c)(14) are met since the quantity of special

- nuclear material being added to the license is incidental because it is very small and associated L with contaminated systems at the facility or contaminated apparatus, tools, hardware or equipment.

CONCLUSION i-Based on the evaluations above: (1) there is reasonable assurance that the health and safety of the public will not be endangered by conduct of activities in the proposed manner; (2) such activities will be conducted in compliance with the Commission's regulations; and (3) the proposed amendment will not be inimical to the common defense and security or the health and i safety of the public.  !

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Detroit Edison requests that the proposed license amendment be effective within 60 days of i p . approval by the Commission.

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