[Federal Register Volume 60, Number 120 (Thursday, June 22, 1995)]
[Notices]
[Pages 32516-32518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15293]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-160]
Georgia Institute of Technology, (Georgia Tech Research Reactor);
Order Modifying Facility Operating License No. R-97
I
The Georgia Institute of Technology (Georgia Tech or the licensee)
is the holder of Facility Operating License No. R-97 (the license)
issued on December 29, 1964, by the U.S. Atomic Energy Commission. The
license, as amended on June 6, 1974 (Amendment No. 1) and by subsequent
amendments, authorizes operation of the Georgia Tech Research Reactor
(GTRR or the facility) at steady-state power levels up to 5 megawatts
thermal (MWt). The research reactor is located in the Neely Nuclear
Research Center, in the north central portion of the Georgia Tech
campus in Atlanta, Georgia.
II
On February 25, 1986, the U.S. Nuclear Regulatory Commission (NRC
or the Commission) promulgated a final rule in Sec. 50.64 of Title 10
of the Code of Federal Regulations (10 CFR 50.64) limiting the use of
high-enriched uranium (HEU) fuel in domestic research and test reactors
(non-power reactors) (see 51 FR 6514). The rule, which became effective
on March 27, 1986, requires that each licensee of a non-power reactor
(NPR) replace its HEU fuel with low-enriched uranium (LEU) fuel
acceptable to the Commission. This replacement is contingent upon
Federal Government funding for conversion-related costs, and is
required unless the Commission has determined that the reactor has a
unique purpose as defined in 10 CFR 50.2. The rule is intended to
promote the common defense and security by reducing the risk of theft
or diversion of HEU fuel used in non-power reactors and the
consequences to public health, safety and the environment from such
potential theft or diversion.
Sections 50.64(b)(2)(i) and (ii) require that a licensee of an NPR
(1) not initiate acquisition of additional HEU fuel, if LEU fuel that
is acceptable to the Commission for that reactor is available when the
licensee proposes that acquisition, and (2) replace all HEU fuel in its
possession with available LEU fuel acceptable to the Commission for
that reactor in accordance with a schedule determined pursuant to 10
CFR 50.64(c)(2).
Section 50.64(c)(2)(i) requires, among other things, that each
licensee of an NPR authorized to possess and to use HEU fuel, develop
and submit to the Director of the Office of Nuclear Reactor Regulation
(Director, NRR) by March 27, 1987, and at 12-month intervals
thereafter, a written proposal for conforming to the requirements of
the rule.
Section 50.64(c)(2)(i) also requires the licensee to have the
following in its proposal: (1) A certification that Federal Government
funding for conversion is available through the U.S. Department of
Energy (DOE) or another appropriate Federal agency and (2) a schedule
for conversion, based upon the availability of replacement fuel
acceptable to the Commission for that reactor, and upon consideration
of other factors such as [[Page 32517]] the availability of shipping
casks, implementation of arrangements for available financial support,
and reactor usage.
Section 50.64(c)(2)(iii) requires the licensee to include in its
proposal, to the extent required to effect conversion, all necessary
changes to the license, facility, or procedures. This paragraph also
requires the licensee to submit supporting safety analyses so as to
comply with the schedule established for conversion.
Section 50.64(c)(2)(iii) also requires the Director, NRR, to review
the licensee proposal, to confirm the status of Federal Government
funding for conversion, and to determine a final schedule if the
licensee has submitted a schedule for conversion.
Section 50.64(c)(3) requires the Director, NRR, to review the
supporting safety analyses and to issue an appropriate Enforcement
Order directing both the conversion and, to the extent consistent with
protection of the public health and safety, any necessary changes to
the license, facility, or procedures. In the Federal Register notice of
the final rule, the Commission indicated that in most cases, if not
all, an Enforcement Order would be issued to modify the license.
Section 2.202, the current authority for issuing Orders of all
types, including Orders to modify licenses, provides, among other
things, that the Commission may modify a license by serving an Order on
the licensee. The licensee or other person adversely affected by the
Order may demand a hearing with respect to any part or all of the Order
within 20 days from the date of the notice or such other period as the
notice may provide.
III
On January 21, 1993, as supplemented on March 2, March 21, and July
15, 1994, the licensee submitted a proposal to convert from the use of
HEU to the use of LEU. This proposal contained descriptions of the
modifications, supporting safety analyses, and plans for conversion.
The conversion consists of replacing HEU with LEU fuel elements. The
LEU fuel elements contain material test reactor (MTR)-type fuel plates,
with the fuel consisting of uranium silicide dispersed in an aluminum
matrix and completely clad in aluminum alloy. These plates contain an
enrichment of less than 20 percent uranium-235.
The NRC staff has reviewed the licensee's proposal for conversion
to LEU fuel and the requirements of 10 CFR 50.64 and has determined
that the public health and safety and the common defense and security
support a conversion of the facility from the use of HEU to LEU fuel in
accordance with the attachment to this Order and the schedule
requirements that follow. The attachment to this Order specifies the
changes to the license and Technical Specifications that are needed to
implement the requirements of this Order.
IV
Accordingly, pursuant to Sections 51, 53, 57, 101, 104, 161b, 161i,
and 161o of the Atomic Energy Act of 1954, as amended, and Commission
regulations in 10 CFR 2.202 and 10 CFR 50.64, it is hereby ordered
that:
Facility Operating License No. R-97 be modified as stated in the
``ATTACHMENT TO ORDER MODIFYING FACILITY OPERATING LICENSE NO. R-97''
by adding License Conditions 2.B(4) and 2.C(4) on the thirtieth day
after the date of publication of this Order in the Federal Register and
by revising the License Conditions 2.B(2) and 2.C(2) and Technical
Specifications on the day the licensee receives an adequate number and
type of LEU fuel elements that are necessary to operate the facility as
specified in the licensee's proposal as supplemented.
V
In accordance with 10 CFR 2.202, the licensee or any other person
adversely affected by this Order may submit an answer to this Order,
and may request a hearing on this Order within 20 days of the date of
this Order. The answer may consent to this Order. Unless the answer
consents to this Order, the answer shall, in writing and under oath or
affirmation, set forth the matters of fact and law on which the
licensee or other person adversely affected relies and the reasons as
to why the Order should not have been issued. Any request for a hearing
shall be submitted to the Secretary, U.S. Nuclear Regulatory
Commission, ATTN: Chief, Docketing and Service Section, Washington, DC
20555. Copies also shall be sent to the Director, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, to the Assistant General Counsel for Hearings and
Enforcement at the same address, and to the licensee if the hearing
request is by a person other than the licensee. If a person other than
the licensee requests a hearing, that person shall set forth with
particularity the manner in which the person's interest is adversely
affected by this Order and shall address the criteria set forth in 10
CFR 2.714(d).
If a hearing is requested by the licensee or by a person whose
interest is adversely affected, the Commission will issue an Order
designating the time and place of any hearing. If a hearing is held,
the issue to be considered at that hearing is whether this Order should
be sustained.
In the absence of any request for a hearing, the provisions
specified in this Order shall be effective and final 20 days from the
date of this Order without further order or proceedings.
For the Nuclear Regulatory Commission.
Dated at Rockville, Md., this 16th day of June 1995.
Frank J. Miraglia,
Acting Director, Office of Nuclear Reactor Regulation.
Attachment To Order--Modifying Facility Operating License No. R-97
A. License Conditions Revised and Added by This Order
2.B(2) Pursuant to the Act and 10 CFR Part 70, ``Domestic Licensing
of Special Nuclear Material,'' to possess, but not use, up to 4.9
kilograms of contained uranium-235 at enrichments greater than 20
percent in the form of MTR-type reactor fuel until the existing
inventory of this fuel is removed from the facility.
2.B(4) Pursuant to the Act and 10 CFR Part 70, ``Domestic Licensing
of Special Nuclear Material,'' to receive, possess, and use at any one
time in connection with the operation of the reactor up to 8.85
kilograms of contained uranium-235 at enrichments less than 20 percent
in the form of MTR-type reactor fuel.
2.C(2) Technical Specifications
The Technical Specifications contained in Appendix A, as revised
through the Order Modifying Facility Operating License No. R-97, dated
June 16, 1995, and Amendment No. 10 are hereby incorporated in the
license. The licensee shall operate the facility in accordance with the
Technical Specifications.
2.C(4) Startup Test Report
The licensee shall submit a startup test report within six months
after achieving initial criticality with low-enriched uranium reactor
fuel in accordance with the Order Modifying Facility Operating License
No. R-97, dated June 16, 1995. This report shall be sent as specified
in 10 CFR 50.4, ``Written Communications.''
B. The Technical Specifications will be revised by this Order in
accordance with the Enclosure to the Order Modifying Facility Operating
License No. R-97, dated June 16, 1995, Docket [[Page 32518]] No. 50-
160, and as discussed in the safety evaluation for this Order.
[FR Doc. 95-15293 Filed 6-21-95; 8:45 am]
BILLING CODE 7590-01-M
