ML23166B148

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Comments to GEH for Renewed Facility Operating License R-33 - OGC
ML23166B148
Person / Time
Site: Vallecitos Nuclear Center
Issue date: 06/15/2023
From: Murray S
GE-Hitachi Nuclear Energy Americas
To: Duane Hardesty
NRC/NRR/DANU/UNPL
Shared Package
ML23166B145 List:
References
Download: ML23166B148 (4)


Text

GE-HITACHI NUCLEAR ENERGY AMERICAS, LLC

DOCKET NO. 50-73

RENEWED FACILITY OPERATING LICENSE FOR THE NUCLEAR TEST REACTOR

License No. R-33

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

A. The application for license renewal, filed by the GE-Hitachi Nuclear Energy Americas, LLC (the licensee), on November 19, 2020, as supplemented on September 22, December 3, and December 16, 2021; April 4, andApril 22, and September 15, 2022; and January 27, March 24, April 21, and April 27, 2023 (the application), complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations as set forth in Title 10, of the Code of Federal Regulations (10 CFR), Chapter I;

B. Construction of the Nuclear Test Reactor (the facility, the reactor, or NTR) was completed in substantial conformity with Construction Permit No. CPRR-19 dated October 24, 1957, the provision s of the Act, and the rules and regulations of the Commission;

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

D. There is reasonable assurance (i) that the activities author ized by this amendment license 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;

E. The licensee is technically and financially qualified to engage in the activities authorized by this operating Llicense in accordance with the rules and regulations of the Commission;

F. The licensee has satisfied the applicable provisions of 10 CFR Part 140, Financial Protection Requirements and Indemnity Agreements, of the Commissions regulations;

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

H. The issuance of this license 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; and

Enclosure 1

I. The receipt, possession, and use of byproduct, source, and special nuclear materials as Commented [JW1]: You say source here but don't authorized by this license will be in accordance with the Commi ssions regulations in reference to Part 40 - either delete source or add 10 CFR Part 30, Rules of General Applicability to Domestic Lic ensing of Byproduct Part 40, depending on whether you intend to cover Material, and 10 CFR Part 70, Domestic Licensing of Special N uclear Material. source material or not.

Commented [DH2R1]: Deleting based on licensee

2. Accordingly, Facility Operating License No. R-33 is hereby renewed in its entirety to read as request.

follows:

A. This license applies to the GE-Hitachi Nuclear Energy Americas LLC, NTR, which is owned by the GE-Hitachi Nuclear Energy Americas, LLC, and located at its Vallecitos Nuclear Center in Alameda County, California, and described in the application for license renewal dated November 19, 2020, as supplemented.

B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses the GE-Hitachi Nuclear Energy Americas, LLC:

(1) Pursuant to Section 104c of the Act and 10 CFR Part 50, Do mestic Licensing of Production and Utilization Facilities, to possess, use, and operate the reactor as a utilization facility at the designated location in Alameda County, California, in accordance with the procedures and limitations described in the application and set forth in this license.

(2) Pursuant to the Act and 10 CFR Part 70, to receive, possess, and use in connection with the operation of the reactor:

a. but not separate, up to 4 kilograms of contained uranium-235 of an enrichment of 20 percent or greater in the isotope uranium-235, in the form of in-core reactor fuel;
b. but not separate, up to 350 grams of contained uranium-235, that is not to be used as in-core fuel. This material can be used in the reactor cell, south cell, north room, and control room but not in the experimental facilities of the NTR.
c. but not separate, such special nuclear material as may be produced by the operation of the reactor.

(3) Pursuant to the Act and 10 CFR Part 30, to receive, possess, and use, in connection with the operation of the facility:

a. up to 2,000 curies of either activated solids as contained in such items as encapsulating materials, structural material and irradiated components;
b. up to 0.2-curie radium-beryllium sealed startup source, and up to 0.03 curies of byproduct materials, in the form of sealed sources, for inst rument calibration and source checks; and
c. to possess, but not to separate (except for byproduct material produced as Commented [JW3]: Should this be deleted allowed for experiments), such byproduct material as may be produced by because it is already stated in the introduction to the operation of the reactor. the listing?

Commented [DH4R3]: deleted

C. This license shall be deemed to contain and is subject to th e conditions specified in 10 CFR Parts 20, 30, 40, 50, 51, 55, 70, and 73 of the Commissions regulations; is Commented [JW5]: Is Part 40 included or not?

subject to all applicable provisions of the Act, and to the rul es, regulations, and orders of Commented [DH6R5]: deleted the Commission now, or hereafter in effect, and to the addition al conditions specified below:

(1) Maximum Power Level

The licensee is authorized to operate the reactor at steady-sta te power levels not in excess of 100 kilowatts (thermal) in accordance with the lim itations in the Technical Specifications.

(2) Technical Specifications

The Technical Specifications contained in Appendix A are hereby incorporated in their entirety in the license. The licensee shall operate the f acility in accordance with the Technical Specifications.

(3) Physical Security Plan

The licensee shall fully implement and maintain in effect all provisions of the Commission-approved physical security plan, including amendments and changes made pursuant to the authority of 10 CFR 50.54, Condit ions of licenses, paragraph (p). The approved physical security plan, entitled VNC Site Physical Security Plan, dated April 4, 2022, consists of docum ents withheld from public disclosure pursuant to 10 CFR 73.21, Protection of Safe guards Information: Performance rRequirements.

(4) GE-Hitachi Nuclear Energy Americas, LLC, as stated in the General Electric Companys (GEs) application dated January 19, 2007, and supple mented on January 25, 2007, February 23, 2007, March 2, 2007, March 26, 2 007, May 16, 2007, May 18, 2007, June 4, 2007, July 6, 2007, and August 9, 2007, will abide by all commitments and representations previously made by GE with respect to the license. These include, but are not limited to, maintaining decommissioning records, implementing decontamination activities, and eventually decommissioning the facility.

(5) The Manager of the Vallecitos Nuclear Center, the Vice-Pres ident, Reactor Facility Safety and Security of GE-Hitachi Nuclear Energy Americas, LLC, and the Manager of GE-Hitachi Nuclear Energy Americas, LLC, shall be U.S. citizens.

These individuals shall have the responsibility and exclusive authority to ensure and shall ensure, that the business and activities of GE-Hitachi Nuclear Energy Americas, LLC, with respect to this license, are at all times conducted in a manner consistent with the protection of the public health and safety and the common defense and security.

(6) The commitments/representations made in the GEs application dated January 19, 2007, and supplemented on January 25, 2007, Februar y 23, 2007, March 2, 2007, March 26, 2007, May 16, 2007, May 18, 2007, June 4, 2007, July 6, 2007, and August 9, 2007, regarding reporting relations hips and authority over safety and security issues and compliance with NRC requirements shall be adhered to and not be modified without the prior written consen t from the Director, Office of Nuclear Reactor Regulation, or designee.

(7) GE-Hitachi Nuclear Energy Americas, LLC, shall cause to be transmitted to the Director, Office of Nuclear Reactor Regulation within 30 days of filing with the U.S. Securities and Exchange Commission (SEC), any schedule 13D or 13G filed pursuant to the Securities Exchange Act of 1934 that disc loses beneficial ownership of a registered class of General Electric stock.

D. This license is effective as of the date of its issuance and shall expire at midnight, 20 years from its date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

Andrea D. Veil, Director Office of Nuclear Reactor Regulation

Attachment:

Appendix A, Technical Specifications

Date of Issuance: Month XX, 2023