ML20230A293

National Institute of Standards and Technology License Amendment No. 12 Approval of the Physical Security Plan for the Center for Neutron Research

ML20230A293
Person / Time
Site:	National Bureau of Standards Reactor
Issue date:	09/22/2020
From:	Xiaosong Yin NRC/NRR/DANU/UNPL
To:	Newton T US Dept of Commerce, National Institute of Standards & Technology (NIST)
Yin X,NRR/DANU/UNPL,4151404
References
EPID L-2019-LLA-0221
Download: ML20230A293 (12)

Text

T. Newton UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 21, 2020 Dr. Thomas Newton, Deputy Director Chief of Reactor Operations and Engineering NIST Center for Neutron Research National Institute of Standards and Technology 100 Bureau Drive, Mail Stop 8561 Gaithersburg, MD 20899-8561

SUBJECT:

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY - ISSUANCE OF AMENDMENT NO. 12 TO RENEWED FACILITY OPERATING LICENSE NO. TR-5 FOR THE NATIONAL BUREAU OF STANDARDS TEST REACTOR RE: APPROVAL OF THE PHYSICAL SECURITY PLAN FOR THE CENTER FOR NEUTRON RESEARCH (EPID L-2019-LLA-0221)

Dear Dr. Newton The U.S. Nuclear Regulatory Commission (NRC) has issued the enclosed Amendment No. 12 to Renewed Facility Operating License No. TR-5 for the National Institute of Standards and Technology (NIST) Center for Neutron Research. This amendment consists of changes to the renewed facility operating license in response to the application dated July 5, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19197A045), as supplemented by submission of complete security plan dated October 11, 2019 (ADAMS No. ML19289A494), and by letter dated June 12, 2020 (ADAMS Accession No. ML20171A403).

This amendment modifies the NIST National Bureau of Standards Test Reactor physical security plan under Sections 73.60, Additional requirements for physical protection at nonpower reactors, and 73.67, Licensee fixed site and in-transit requirements for the physical protection of special nuclear material of moderate and low strategic significance, of Title 10 of the Code of Federal Regulations Part 73, Physical Protection of Plants and Materials. The Notice of Issuance will be included in the Commissions biweekly Federal Register notice.

T. Newton 2

A copy of the NRC staffs safety evaluation is enclosed. If you have any questions, please contact me at (301) 415-1404, or by electronic mail at Xiaosong.Yin@nrc.gov.

Sincerely,

/RA/

Xiaosong Yin, 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. 50-184 License No. TR-5

Enclosures:

1. Amendment No. 12 to Renewed Facility Operating License No. TR-5

2. Safety Evaluation

National Institute of Standards and Technology Docket No. 50-184 cc:

Environmental Program Manager III Radiological Health Program Air & Radiation Management Adm.

Maryland Dept of the Environment 1800 Washington Blvd, Suite 750 Baltimore, MD 21230-1724 Director, Department of State Planning 301 West Preston Street Baltimore, MD 21201 Director, Air & Radiation Management Adm.

Maryland Dept of the Environment 1800 Washington Blvd, Suite 710 Baltimore, MD 21230 Director, Department of Natural Resources Power Plant Siting Program Energy and Coastal Zone Administration Tawes State Office Building Annapolis, MD 21401 President Montgomery County Council 100 Maryland Avenue Rockville, MD 20850 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 Dr. Robert Dimeo, Director National Institute of Standards and Technology NIST Center for Neutron Research U.S. Department of Commerce 100 Bureau Drive, Mail Stop 8561 Gaithersburg, MD 20899-8561

ML20230A293

• concurred by e-mail NRR-058 OFFICE NRR/DANU/PM*

NRR/DANU/LA*

OGC*

NRR/DANU/BC*

NRR/DANU/PM*

NAME XYin NParker/wcomments JMaltese/NLO GCasto XYin DATE 8/19/2020 8/19/2020 9/15/2020 9/16/2020 9/21/2020

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY DOCKET NO. 50-184 NATIONAL BUREAU OF STANDARDS TEST REACTOR AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 12 License No. TR-5

1.

The U.S. Nuclear Regulatory Commission (the Commission) has found that:

A.

The application for amendment to Renewed Facility Operating License No. TR-5, filed by the National Institute of Standards and Technology (the licensee) on July 5, 2019, as supplemented by letters dated October 11, 2019, and June 12, 2020, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations set forth in Title 10 of the Code of Federal Regulations (10 CFR)

Chapter I; B.

The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C.

There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public and (ii) that such activities will be conducted in compliance with the Commissions regulations; D.

The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E.

The issuance of this amendment is in accordance with 10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, of the Commissions regulations and all applicable requirements have been satisfied.

2.

Accordingly, the license is amended by changes to the license condition as indicated in the Attachment to this license amendment, and paragraph 2.C.2. and 2.C.3 of Renewed Facility Operating License No. TR-5 is hereby amended to read as follows:

2.

The technical specifications contained in Appendix A, as revised by Amendment Nos. 9, 10, 11, and 12, are hereby incorporated in the license.

The licensee shall operate the reactor in accordance with the technical specifications.

3.

The licensee shall maintain and fully implement all of the provisions of the Commission-approved physical security plan, including changes made pursuant to the authority of 10 CFR 50.54(p). The approved physical security plan consists of a National Institute of Standards and Technology document, withheld from public disclosure pursuant to 10 CFR 73.21, entitled, National Institute of Standards and Technology Center for Neutron Research Physical Security Plan, dated June 12, 2020, transmitted by letter dated June 12, 2020.

3.

This license amendment is effective as of its date of issuance and shall be implemented within 14 days. Implementation shall include revision of the safety analysis report as approved in the safety evaluation supporting this amendment.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Greg A. Casto, Chief Non-Power Production and Utilization Facility Licensing Branch Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation

Attachment:

1. Changes to Renewed Facility Operating License No. R-2 Date of Issuance: September 21, 2020

Attachment ATTACHMENT TO LICENSE AMENDMENT NO. 12 RENEWED FACILITY OPERATING LICENSE NO. TR-5 DOCKET NO. 50-184 Replace the following page of Renewed Facility Operating License No. TR-5 with the attached revised page. The revised page is identified by amendment number and contains a marginal line indicating the areas of change.

Renewed Facility Operating License No. R-2 REMOVE INSERT 3

3 Amendment No. 12 September 21, 2020

a.

up to 45.0 kilograms of contained uranium-235 of any enrichment, provided that less than 5.0 kilograms of this amount be unirradiated;

b.

to possess and use, but not to separate such special nuclear material as may be produced by operation of the reactor.

3.

Pursuant to the Act and 10 CFR Part 30, Rules of General Applicability to Domestic Licensing of Byproduct Material, to receive, possess, and use in connection with the operation of the reactor: (1) a two-curie americium-beryllium neutron source which may be used for reactor startup, and (2) up to a total of 8 curies of byproduct material (Atomic number 1 through 83) and up to 100 micro curies of americium-241, in the form of instrument calibration sources.

4.

Pursuant to the Act and 10 CFR Part 30 to possess, use, and transfer but not to separate, except for byproduct material produced in non-fueled experiments, such byproduct material as may be produced by operation of the reactor.

C.

This license shall be deemed to contain and is subject to the conditions specified in Parts 20, 30, 50, 51, 55, 70, 73, and 100 of the Commission's regulations; is subject to all applicable provisions of the Act and rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified below:

1.

The licensee is authorized to operate the reactor at steady-state power levels up to a maximum of 20 megawatts (thermal).

2.

The technical specifications contained in Appendix A, as revised by Amendment Nos. 9, 10, 11, and 12, are hereby incorporated in the license.

The licensee shall operate the reactor in accordance with the technical specifications.

3.

The licensee shall maintain and fully implement all of the provisions of the Commission-approved physical security plan, including changes made pursuant to the authority of 10 CFR 50.54(p). The approved physical security plan consists of a National Institute of Standards and Technology document, withheld from public disclosure pursuant to 10 CFR 73.21, entitled, National Institute of Standards and Technology Center for Neutron Research Physical Security Plan, dated June 12, 2020, transmitted by letter dated June 12, 2020.

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION PROPOSED PHYSICAL SECURITY PLAN CHANGES NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY NATIONAL BUREAU OF STANDARDS TEST REACTOR DOCKET NO. 50-184

1.0 INTRODUCTION

By letter dated July 5, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19197A045), as supplemented by letters dated October 11, 2019, and June 12, 2020 (ADAMS Accession Nos. ML19289A494, and ML20171A403, respectively),

National Institute of Standards and Technology (NIST) submitted an application to amend its Facility Operating License No. TR-5. NIST submitted its initial application on July 5, 2019, the U.S. Nuclear Regulatory Commission (NRC) did not accept the application for review due to a lack of technical details. NIST submitted subsequent letters on October 11, 2019, and June 12, 2020, that provided sufficient supplemental information. The requested amendment would modify the NIST National Bureau of Standards Test Reactor physical security plan (PSP).

The proposed changes revise the description of the organizations that make up the security force and clarify the roles and responsibilities of the security force at the NIST facility, to include the reactor facility. The proposed changes also incorporated commitments made by NIST in its site-specific Interim Compensatory Measures. The details of the licensees analysis of the proposed changes are considered Safeguards Information - Modified Handling and can be found in the Safeguards Information Local Area Network and Electronic Safe.

2.0 REGULATORY EVALUATION

This safety evaluation addresses the impact of the proposed changes on the NIST security force and its ability to still meet the regulatory requirement of the NRC. The regulatory requirements, guidance, and commitments on which the NRC staff based its acceptance are as follows:

2.1 Regulations Title 10 of the Code of Federal Regulations (10 CFR) 73.67, Licensee fixed site and in-transit requirements for the physical protection of special nuclear material of moderate and low strategic significance, sets forth PSP requirements for licensees using, possessing, or transporting special nuclear material (SNM) of moderate or low strategic significance. The regulations in 10 CFR 73.67(d) states, in part, that licensees shall:

(8) Establish a security organization or modify the current security organization to consist of at least one watchman per shift able to assess and respond to any unauthorized penetrations or activities in the controlled access areas, (9) Provide a communication capability between the security organization and appropriate response force, (11) Establish and maintain written response procedures for dealing with threats of thefts or thefts of these materials.

Section 73.60(f) of 10 CFR specifies that the Commission may require additional measures deemed necessary to protect against radiological sabotage at nonpower reactors licensed to operate at or above a power level of 2 megawatts thermal. NIST provided these additional measures in its Site Specific Interim Compensatory Measures for Physical Security in the Current Threat Environment at Research and Test Reactors Licensed to Operate at Power Levels Greater or Equal to 2.0 Megawatts, dated September 24, 2002.

2.2 Guidance Revision 1 to Regulatory Guide (RG) 5.59, Standard Format and Content for a Licensee Physical Security Plan for the Protection of Special Nuclear Material of Moderate or Low Strategic Significance, issued in February 1983, explains the various provisions and requirements with respect to the physical protection of licensed activities against radiological sabotage or theft or diversion of SNM that could be used to meet the requirements of 10 CFR 73.67. RG 5.59 describes the capabilities of a security organization to detect and respond to attempts of unauthorized access. RG 5.59 also gives guidance on responding to security events and communication procedures for contacting offsite response forces.

RG 5.59 also specifies that security procedures may also be used to protect against theft of SNM, including random patrols by a watchman, in conjunction with detection devices. This defense in depth approach ensures early detection as required by 10 CFR 73.67.

2.3 Confirmatory Action Letter A confirmatory action letter (CAL) was issued to NIST on October 28, 2002 (ADAMS Accession No. ML022810523). The CAL addresses commitments made by NIST in its site-specific Interim Compensatory Measures implementation plan.

3.0 TECHNICAL EVALUATION

3.1 Background

The current NRC-approved PSP, dated May 5, 1983, is based on RG 5.59. The licensees plan describes, in part, how early detection is achieved through support of security personnel and detection devices. The plan also describes how assessment and response to the controlled access area are achieved with the onsite security force, and with procedures for off-site assistance.

The proposed changes revise the structure of the security force and clarify the roles and responsibilities of the security personnel on the NIST campus and located at the reactor facility.

The proposed changes also incorporate commitments made by NIST in its site-specific Interim Compensatory Measures.

3.2 Evaluation The NRC staffs review determined that the proposed changes to the PSP regarding the security force are limited to the description of the organizations that comprise the security force.

The changes do not affect the number, duties, or capabilities of the security force. Accordingly, the NRC staffs review determined that the revised PSP continues to meet the requirements in 10 CFR 73.67 for security organization structure, response capabilities, and coordination with response forces. The proposed changes meet the guidance for security organizations as described in RG 5.59.

The NRC staffs review also determined the proposed changes to the PSP meet the requirements in 10 CFR 73.60(f) for the protection against radiological sabotage, as well as NISTs commitments made by letter dated September 24, 2002, in which NIST described the implementation of compensatory measures as referenced in the CAL. Also, the staff determined that the change to incorporate these commitments in the revised PSP is consistent with the standards of 10 CFR Part 73, Physical Protection of Plants and Materials.

4.0 STATE CONSULTATION

In accordance with the Commissions regulations, the Maryland State official was notified of the proposed issuance of the amendment on August 11, 2020. The State official did not provide any comments.

5.0 ENVIRONMENTAL CONSIDERATION

The amendment involves changes to the NIST PSP. The amendment relates solely to safeguards matters and modifications to systems used for security. The NRC staff has determined the amendment involves no significant increase in the amounts and no significant changes in the types, of any effluent that may be released offsite, and that there is no significant increases in individual or cumulative occupational radiation exposure. In addition, the NRC had previously issued a proposed finding in the Federal Register (FR) on January 7, 2020 (85 FR 733), that stated the amendment involves no significant hazards consideration, and there has been no public comment on this finding. Accordingly, the license amendment meets the eligibility criteria for categorical exclusion in 10 CFR 51.22(c)(12).

Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the license amendment.

6.0 CONCLUSION

The Commission has concluded, based on the considerations discussed above, that: (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) there is reasonable assurance that such activities will be conducted in compliance with the Commissions regulations, and (3) the issuance of the amendment will not be inimical to the common defense and security or the health and safety of the public.

Principal Contributors: E. Reed, NRR X. Yin, NRR Date: September 21, 2020