ML12319A229
| ML12319A229 | |
| Person / Time | |
|---|---|
| Site: | University of Missouri-Columbia |
| Issue date: | 12/07/2012 |
| From: | Mcginty T Division of Policy and Rulemaking |
| To: | Rhonda Butler Univ of Missouri - Columbia |
| Lynch, Steve 301-415-1524 | |
| References | |
| Download: ML12319A229 (4) | |
Text
December 7, 2012 Mr. Ralph Butler, Director Research Reactor Center University of Missouri-Columbia Research Park Columbia, MO 65211
SUBJECT:
UNIVERSITY OF MISSOURI-COLUMBIA - CLARIFICATION ON THE APPLICABILITY OF 10 CFR 2.101(a)(5) TO PROPOSED MEDICAL ISOTOPE PRODUCTION FACILITIES REGARDING TWO-PART CONSTRUCTION PERMIT APPLICATION SUBMITTALS
Dear Mr. Butler:
The U.S. Nuclear Regulatory Commission (NRC) staff is providing this correspondence to clarify information provided in its June 1, 2012, letter regarding plans for the submission of applications for medical isotope production facilities (Agencywide Document Access and Management System Accession No. ML12153A225). In this letter, the NRC staff requested the University of Missouri-Columbia to indicate whether or not it intended to submit [its] environmental report with a construction permit application or if [the environmental report would] be filed separately The requirements for two-part construction permit application submittals under Title 10 of the Code of Federal Regulations (10 CFR) Part 50 are described in 10 CFR 2.101(a)(5) and allow for an applicants environmental report to be submitted separately from the remainder of the construction permit application. Upon further consideration of the applicability of this regulation to proposed medical isotope production facilities, NRC staff has determined the following:
(1)
In order for an applicant for a construction permit under Part 50 of 10 CFR to submit an application in two parts, under 10 CFR 2.101(a)(5) the proposed facility must be subject to 10 CFR 51.20(b) That regulation identifies those types of actions that require an environmental impact statement (EIS).1 Construction and operation of a medical isotope production facility does not require an EIS under 10 CFR 51.20(b); therefore, 10 CFR 2.101(a)(5) does not apply to such facilities. However, the University of Missouri-Columbia could apply for an exemption under 10 CFR 50.12 in order to submit its application for a construction permit in two parts as described in to 10 CFR 2.101(a)(5). 2 (2)
In the event that the University of Missouri-Columbia seeks an exemption to utilize 10 CFR 2.101(a)(5), the exemption request must set forth existing special 1 In addition, the Commission could also determine that the University of Missouri-Columbias proposed action should be covered by an EIS. See 10 CFR 51.20(a)(2).
2 A separate regulation, 10 CFR 2.105(c), allows for a single notice for the construction permit and operating license, assuming the license application is complete enough. The University of Missouri-Columbia could submit its application under that regulation without seeking an exemption.
circumstances that would warrant granting the exemption per 10 CFR 50.12(a)(2). The exemption request must also detail the proposed contents of each part of the application to be submitted. NRC would encourage the University of Missouri-Columbia to seek meetings with our staff to discuss what might be technically appropriate content for such a submittal. Upon receipt of the exemption request, NRC staff would determine if the proposed contents for each part of the application would be sufficient to allow an efficient and thorough review of the application. If NRC staff determines that the proposed contents of the two-part application submittal are acceptable, the exemption could be granted. Should the exemption request propose a two-part submittal that would not facilitate an efficient and thorough review of an application, the exemption request would be denied.
Please contact Steve Lynch at 301-415-1524 or Steven.Lynch@nrc.gov if you have any questions regarding the content of this letter.
Sincerely,
/MMuessle for RA/
Timothy J. McGinty, Director Division of Policy and Rulemaking Office on Nuclear Reactor Regulation Docket No.: 50-186
- concurrence via e-mail NRR-106 OFFICE DPR/PRLB/PM DPR/PRLB/LA OGC*
DPR/PRLB/ABC DPR/D NAME SLynch GLapppert*
LLondon, NLO w/ comments PIsaac MMuessle for TMcGinty DATE 11/13/2012 11/15/2012 11/27/2012 12/3/2012 12/7/2012
University of Missouri-Columbia Docket No. 50-186 cc:
John Ernst, Associate Director Regulatory Assurance Group Research Reactor Facility Columbia, MO 65201 Homeland Security Coordinator Missouri Office of Homeland Security P.O. Box 749 Jefferson City, MO 65102 Planner, Dept of Health and Senior Services Section for Environmental Public Health 930 Wildwood Drive, P.O. Box 570 Jefferson City, MO 65102-0570 Deputy Director for Policy Department of Natural Resources 1101 Riverside Drive Fourth Floor East Jefferson City, MO 65101 A-95 Coordinator Division of Planning Office of Administration P.O. Box 809, State Capitol Building Jefferson City, MO 65101 Test, Research, and Training Reactor Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611