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==Dear Mr. Foster:==
==Dear Mr. Foster:==


By letter dated June 18, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20178A159), Massachusetts Institute of Technology (MIT, the licensee) applied for an amendment to Facility Operating License No. R-37 for the MIT Reactor (MITR). The license amendment request (LAR) proposes a change to the surveillance requirement frequency allowing the surveillance to be deferred while the reactor is shut down.
By {{letter dated|date=June 18, 2020|text=letter dated June 18, 2020}} (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20178A159), Massachusetts Institute of Technology (MIT, the licensee) applied for an amendment to Facility Operating License No. R-37 for the MIT Reactor (MITR). The license amendment request (LAR) proposes a change to the surveillance requirement frequency allowing the surveillance to be deferred while the reactor is shut down.
The U.S. Nuclear Regulatory Commission (NRC) staff performed an acceptance review of the LAR and determined information is needed to find the application acceptable and begin the detailed technical review. By letter dated July 9, 2020 (ADAMS Accession No. ML20182A709),
The U.S. Nuclear Regulatory Commission (NRC) staff performed an acceptance review of the LAR and determined information is needed to find the application acceptable and begin the detailed technical review. By {{letter dated|date=July 9, 2020|text=letter dated July 9, 2020}} (ADAMS Accession No. ML20182A709),
the NRC staff requested a supplement to the LAR by August 28, 2020.
the NRC staff requested a supplement to the LAR by August 28, 2020.
By letter dated October 19, 2020 (ADAMS Accession No. ML20304A117), MIT requested additional time to provide the supplemental material. In its October 19, 2020, letter the MIT staff stated that the Coronavirus Disease 2019 public health emergency (PHE) continued to delay its response since the MIT Reactor Safeguards Committee could only meet virtually and the MITR staffing levels are still limited to 50 percent.
By {{letter dated|date=October 19, 2020|text=letter dated October 19, 2020}} (ADAMS Accession No. ML20304A117), MIT requested additional time to provide the supplemental material. In its {{letter dated|date=October 19, 2020|text=October 19, 2020, letter}} the MIT staff stated that the Coronavirus Disease 2019 public health emergency (PHE) continued to delay its response since the MIT Reactor Safeguards Committee could only meet virtually and the MITR staffing levels are still limited to 50 percent.
The additional time requested to provide a response is longer than the time normally considered to be acceptable to supplement a LAR. The NRC staff would typically cease its associated review activities, consistent with regulations in Title 10 of the Code of Federal Regulations (10 CFR) 2.101, Filing of application. However, the NRC staff considers the allowance of the extended time to address the submittal of supplemental information for this license amendment to be consistent with NRC relief actions afforded to licensees during the PHE. Additionally, the LAR is cited in the inspection report dated September 22, 2020 (ADAMS Accession No. ML20248H568), and is specifically included in the NRC consideration to exercise enforcement discretion related to a violation of technical specification requirement 4.2.6.
The additional time requested to provide a response is longer than the time normally considered to be acceptable to supplement a LAR. The NRC staff would typically cease its associated review activities, consistent with regulations in Title 10 of the Code of Federal Regulations (10 CFR) 2.101, Filing of application. However, the NRC staff considers the allowance of the extended time to address the submittal of supplemental information for this license amendment to be consistent with NRC relief actions afforded to licensees during the PHE. Additionally, the LAR is cited in the inspection report dated September 22, 2020 (ADAMS Accession No. ML20248H568), and is specifically included in the NRC consideration to exercise enforcement discretion related to a violation of technical specification requirement 4.2.6.
Therefore, the NRC staff accepts MITs request to supplement the LAR by January 31, 2021.
Therefore, the NRC staff accepts MITs request to supplement the LAR by January 31, 2021.

Latest revision as of 13:36, 14 March 2021

Granting of Extension Request to Supplement License Amendment to Revise Surveillance Requirement Frequency
ML20307A420
Person / Time
Site: MIT Nuclear Research Reactor
Issue date: 11/05/2020
From: Patrick Boyle
NRC/NRR/DANU/UNPL
To: Foster J
Massachusetts Institute of Technology (MIT)
Boyle P
References
EPID L-2020-LLA-0149
Download: ML20307A420 (4)


Text

November 5, 2020 Mr. John P. Foster, Director Nuclear Reactor Laboratory Massachusetts Institute of Technology 138 Albany Street, MS NW12-116B Cambridge, MA 02139

SUBJECT:

MASSACHUSETTS INSTITUTE OF TECHNOLOGY - EXTENSION TO PROVIDE SUPPLEMENTAL INFORMATION NEEDED FOR ACCEPTANCE OF THE APPLICATION FOR A LICENSE AMENDMENT RE: CHANGE TO SURVEILLANCE REQUIREMENT FREQUENCY DURING REACTOR SHUTDOWN (EPID L-2020-LLA-0149)

Dear Mr. Foster:

By letter dated June 18, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20178A159), Massachusetts Institute of Technology (MIT, the licensee) applied for an amendment to Facility Operating License No. R-37 for the MIT Reactor (MITR). The license amendment request (LAR) proposes a change to the surveillance requirement frequency allowing the surveillance to be deferred while the reactor is shut down.

The U.S. Nuclear Regulatory Commission (NRC) staff performed an acceptance review of the LAR and determined information is needed to find the application acceptable and begin the detailed technical review. By letter dated July 9, 2020 (ADAMS Accession No. ML20182A709),

the NRC staff requested a supplement to the LAR by August 28, 2020.

By letter dated October 19, 2020 (ADAMS Accession No. ML20304A117), MIT requested additional time to provide the supplemental material. In its October 19, 2020, letter the MIT staff stated that the Coronavirus Disease 2019 public health emergency (PHE) continued to delay its response since the MIT Reactor Safeguards Committee could only meet virtually and the MITR staffing levels are still limited to 50 percent.

The additional time requested to provide a response is longer than the time normally considered to be acceptable to supplement a LAR. The NRC staff would typically cease its associated review activities, consistent with regulations in Title 10 of the Code of Federal Regulations (10 CFR) 2.101, Filing of application. However, the NRC staff considers the allowance of the extended time to address the submittal of supplemental information for this license amendment to be consistent with NRC relief actions afforded to licensees during the PHE. Additionally, the LAR is cited in the inspection report dated September 22, 2020 (ADAMS Accession No. ML20248H568), and is specifically included in the NRC consideration to exercise enforcement discretion related to a violation of technical specification requirement 4.2.6.

Therefore, the NRC staff accepts MITs request to supplement the LAR by January 31, 2021.

J. Foster If the supplement is not received by the agreed date, the application will not be accepted for review pursuant to 10 CFR 2.101 and the NRC may cease its associated review activities. Any request for additional time to provide the supplement should include the reason for requesting additional time and a proposed date to provide the supplement to allow the NRC staff to make an informed decision on whether to grant the request.

If you have any questions, please contact me at (301) 415-3936, or by electronic mail at Patrick.Boyle@nrc.gov.

Sincerely,

/RA/

Patrick G. Boyle, 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.50-020 License No. R-37

Enclosure:

As stated cc: See next page

Massachusetts Institute of Technology Docket No.50-020 cc:

City Manager City Hall Cambridge, MA 02139 Department of Environmental Protection One Winter Street Boston, MA 02108 Mr. Jack Priest, Director Radiation Control Program Department of Public Health 529 Main Street Schrafft Center, Suite 1M2A Charlestown, MA 02129 Mr. John Giarrusso, Chief Planning and Preparedness Division Massachusetts Emergency Management Agency 400 Worcester Road Framingham, MA 01702-5399 Ms. Sarah M. Don, Reactor Superintendent Massachusetts Institute of Technology Nuclear Reactor Laboratory Research Reactor 138 Albany Street, MS NW12-116B Cambridge, MA 02139 Test, Research and Training Reactor Newsletter Attention: Amber Johnson Dept of Materials Science and Engineering University of Maryland 4418 Stadium Drive College Park, MD 20742-2115

ML20307A420 *concurred via email NRR-106 OFFICE NRR/DANU/UNPL/PM NRR/DANU/UNPL/LA NRR/DANU/UNPL/BC NAME PBoyle NParker GCasto DATE 11/5/2020 11/5/2020 11/5/2020