ML23039A152
| ML23039A152 | |
| Person / Time | |
|---|---|
| Site: | 07001113 |
| Issue date: | 03/03/2023 |
| From: | Rowley J NRC/NMSS/DFM/FFLB |
| To: | Global Nuclear Fuel - Americas |
| Shared Package | |
| ML23039A150 | List: |
| References | |
| EPID L-2023-LLE-0002 | |
| Download: ML23039A152 (4) | |
Text
SAFETY EVALUATION REPORT DOCKET: 70-1113 LICENSEE: GLOBAL NUCLEAR FUEL - AMERICAS, LLC
SUBJECT:
APPROVAL OF GLOBAL NUCLEAR FUEL - AMERICAS EXEMPTION REQUEST TO SUPPORT SUBMITTAL OF THE SUPPLEMENTAL ENVIRONMENTAL REPORT IN ADVANCE OF THE SAFETY AND SAFEGUARDS PORTION OF THE LICENSE AMENDMENT REQUEST (ENTERPRISE PROJECT IDENTIFIER L-2023-LLE-0002)
THE EXEMPTION REQUEST The Global Nuclear Fuel - Americas, LLC (GNF-A) exemption request seeks authorization to submit its application in two parts: the supplemental environmental report (ER) followed by the safety and safeguards portion of the license amendment request (LAR). GNF-A requests the exemption because it anticipates the supplemental ER will be ready for submittal several months in advance of the LAR. The exemption would allow for the U.S. Nuclear Regulatory Commission (NRC) to begin the review of the information contained within the supplemental ER while GNF-A completes the remainder of the LAR.
BACKGROUND GNF-A submitted a letter dated January 4, 2023 (Agencywide Documents Access and Management System Accession No. ML23004A196), requesting an exemption from requirements in Title 10 of the Code of Federal Regulations (10 CFR), Section 51.60(a),
Environmental reportmaterials licenses. GNF-A plans to submit a license amendment request in 2023 to possess and use special nuclear material for processing and fuel fabrication at a proposed facility at its Wilmington, North Carolina location.
The NRCs regulation at 10 CPR 51.60(a) states:
Each applicant for a license or other form of permission, or an amendment to or renewal of a license or other form of permission issued pursuant to parts 30, 32, 33, 34, 35, 36, 39, 40, 61, 70 and/or 72 of this chapter, and covered by paragraphs (b)(1) through (b)(5) of this section, shall submit with its application to: ATTN: Document Control Desk, Director, Nuclear Material Safety and Safeguards, a separate document, entitled "Applicant's Environmental Report" or "Supplement to Applicant's Environmental Report," as appropriate. The "Applicant's Environmental Report" shall contain the information specified in § 51.45. If the application is for an amendment to or a renewal of a license or other form of permission for which the applicant has previously submitted an environmental report, the supplement to applicant's environmental report may be limited to incorporating by reference, updating or supplementing the information previously submitted to reflect any significant environmental change, including any significant environmental change resulting from operational experience or a change in operations or proposed decommissioning activities. If the applicant is the U.S. Department of Energy, the environmental report may be in the form of either an environmental impact statement or an environmental assessment, as appropriate.
Enclosure
The relevant requirements in 10 CFR 51.60(a) provide, in relevant part, that an applicant for an amendment to a Part 70 license and covered by paragraphs 10 CFR 51.60(b)(1) through (b)(5) shall submit with its application a separate document, entitled Supplement to Applicant's Environmental Report. Under 10 CFR 51.60(b)2), the applicant shall prepare an ER if issuance of an amendment would result in a significant expansion of a site. Under these regulations an applicant seeking an amendment to a Part 70 license must submit a complete application that includes a LAR and an ER (or supplemental ER).
DISCUSSION Under 10 CFR 51.6, the Commission may grant an exemption from the regulations in Part 51 that it determines is authorized by law and is otherwise in the public interest. GNF-A requests a specific exemption from the requirements of 10 CFR 51.60(a), to submit a complete LAR. If granted, the exemption would permit the submission of a split license application, with the supplemental ER submitted first without the LAR. GNF-A proposes to submit the LAR within eight months of filing the supplemental ER.
The submittal of the ER must conform to the requirements in 10 CFR Section 2.101, Filing of application. Consistent with 10 CFR 2.101, the submittal of the ER will be evaluated by the technical staff to determine whether the ER contains sufficient information to accept the submittal for docketing and formal review.
Th criteria for granting specific exemptions to the NRCs regulations under 10 CFR 51.6 are discussed in more detail below.
Authorized by Law:
The exemption request is submitted under the NRCs regulation for specific exemptions at 10 CFR 51.6. GNF-A plans to submit a split application, with the supplemental ER to be submitted for acceptance and docketing without an accompanying LAR. The requested exemption would allow the staff to begin its acceptance review of the supplemental ER while GNF-A completes the LAR, which should be submitted within one year for an acceptance review. After submission of the complete LAR, the NRC staff will evaluate the LAR and develop the safety evaluation report. The delay in submittal of the LAR will not negatively affect the NRC staffs environmental review or findings, because the supplemental ER is a distinct review that is separate from the staffs review of the LAR. The environmental review will be performed in accordance with requirements in 10 CFR 51, which implements Section 102(2) of the National Environmental Policy Act (NEPA) of 1969, as amended, and the staff will use the guidance in NUREG-1748, Environmental Review Guidance for Licensing Actions Associated with NMSS Programs, in conducting its review. The review of the LAR will be performed in accordance with requirements in 10 CFR 70 and the staff will use the guidance in NUREG-1520, Standard Review Plan for Fuel Cycle Facilities License Applications, in conducting its review.
The NRC staff finds that the proposed phased submission of the supplemental ER, followed by the LAR, will ensure the procedural protections afforded by NEPA, and that the NRCs regulations would be fully implemented as part of its review of the split application. The NRC staff also determined that granting this exemption is permissible under the Atomic Energy Act of 1954, as amended, and that no other prohibition of law or the Commissions regulations exists to preclude the activities that would be authorized by the exemption. Therefore, the NRC staff finds the exemption is authorized by law, as required by both 10 CFR 51.6.
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In the Public Interest:
The NRCs regulations for a specific exemption at 10 CFR 51.6 require that the staff determine whether the proposed request is in the public interest. The early submittal of the supplemental ER is expected to help the NRC staff better manage the agencys resources and allow for a more efficient and effective review of GNF-As LAR. Further, early submission and public notice of receipt of the supplemental ER will provide interested members of the public with additional time to review the environmental portions of the application before the NRC completes its acceptance review and dockets the supplemental ER. For these reasons, the staff finds that granting the exemption is in the public interest, as is required by 10 CFR 51.6. For these reasons, the staff finds that granting the exemption is in the public interest, as is required by both 10 CFR 51.6.
ENVIRONMENTAL REVIEW The NRCs regulations in 10 CFR 51.22(a) provide that licensing and regulatory actions that fall within the categories of actions that the Commission has found do not individually or cumulatively have a significant effect on the human environment are categorically excluded from an environmental review. 10 CFR 51.22(c)(25)(i-v) and (vi)(G) states the granting of an exemption from the requirements of any regulation of Title 10, is categorically excluded from an environmental review, provided that(i) There is no significant hazards consideration; (ii) There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) There is no significant increase in individual or cumulative public or occupational radiation exposure; (iv) There is no significant construction impact; (v) There is no significant increase in the potential for or consequences from radiological accidents; and (vi)
The requirements from which an exemption is sought involve (vi)(G) Scheduling requirements.
For the reasons described below, GNF-As request meets the criteria for a 10 CFR 51.22(c)(25)(i-vi) categorical exclusion. There are no special circumstances in this request that require an environmental assessment or environmental impact statement. The licensee has not requested a license amendment of its Part 70 license at this time. Because this exemption is limited to the timing of the submission of an application, the NRC staff finds there is no significant hazards consideration. The staff finds that GNF-As exemption will not result in effluents or offsite releases or significant increase in radiation exposure to workers or members of the public associated with this request. There are no construction activities associated with this request, so there is no significant construction impact. There is no significant increase in the potential for any radiological accidents associated with this request because granting the exemption does not permit facility operations. Finally, the staff finds the exemption concerns the timing of the submission of required sections of an application, and that the exemption is related to a scheduling requirement under 10 CFR 51.22(c)(25)(vi)(G). Therefore, pursuant to 10 CFR 51.22(b) and 10 CFR 51.22(c)(25)(vi)(G), no environmental impact statement or environmental assessment need be prepared in connection with the approval of this exemption request. The NRC staff determined the requested exemption to allow the supplemental ER to be submitted prior to the LAR, rather than at the same time, meets the criteria in 10 CFR 51.22(c)(25)(i-v) and (vi)(G). Therefore, this is an action that does not require a site-specific environmental review.
CONCLUSION The staff finds that granting the exemption is authorized by law, will not endanger life or property or common defense and security, and is otherwise in the public interest. Therefore, the staff grants GNF-A a temporary exemption from the requirements of 10 CFR 51.60(a), until one year 3
after the supplemental ER is received by the NRC and docketed via the NRCs Agencywide Documents Access and Management System.
PRINCIPAL CONTRIBUTORS Jonathan Rowley, NMSS/DFM 4