ML20033F907
| ML20033F907 | |
| Person / Time | |
|---|---|
| Issue date: | 03/05/1990 |
| From: | Curtiss J NRC COMMISSION (OCM) |
| To: | Jeanne Johnston SENATE, ENERGY & NATURAL RESOURCES |
| References | |
| NUDOCS 9004040062 | |
| Download: ML20033F907 (22) | |
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UNITED STATE 8
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NUCLEAR REGULATORY COMMISSION
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W ASMlleGT ON, D, C. 30906 March 5, 1990 CHAIRMAN The Honorable J. Bennett Johnston, Chairman Committee on Energy and Natural Resources United States Senate Washington, D. C.
20510-6150 i
i
Dear Mr. Chairman:
i in your letter of February 12, 1990, you requested information i
on the impact of the Senate amendment to H. R. 2783 on the i
licensing and regulation of uranium enrichment facilities.
As you noted, the Senate amendment has been previously addressed by the Commission in its letter to you of November 13, 1989.
Basically, the Senate amendment would remove enrichment plants from the kinds of facilities required to be licensed under Chapter 10 of the Atomic Energy Act of 1954, as amended, and the t
Commission's regulations implementing Chapter 10.
- Instead, enrichment plants would be licensed under the statutory provi-sions of the Act pertaining to source and special nuclear material licensing and the concomitant Commission regulations.
l The ramifications of the change are discussed in our enclosed responses to the specific questions raised in your letter, i
We appreciate the opportunity to comment further on this legislative proposal.
Sincerely, 7
I WI-i i
J mes R. Curtiss cting Chairman
Enclosure:
As stated cc:
The Honorable James A. McClure I
9004o40062 90o303 COMMS NRCC PDR CORRESPONDENCE F,DL..
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NUCLEAR REGULATORY COMMIS510N r
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March 5. 1990
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a e...*j CHAlfHAAN I
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The Honorable J. Bennett Johnston, Chairman Committee on Energy and Natural Resources United States Senate i
i Washington, D. C.
20510-6150
Dear Mr. Chairman:
In your letter of February 12, 1990, you requested inf orfration on the impact of the Senate amendment to H. R. 2783 on the licensing and regulation of uranium enrichment facilities.
As you noted, the Senate amendment has been previously addressed by the Commission in its letter to you of November 13, 1989.
Basically, the Senate amendment would remove enrichment plants from the kinds of f acilities required to be licensed under Chapter 10 of the Atomic Energy Act of 1954, as amended, and the l
Commission's regulations implementing Chapter 10.
Instead.
enrichment plants would be licensed under the statutory provi-sions of the Act pertaining to source and special nuclear material licensing and the concomitant Commission regulations, t
The ramifications of the change are discussed in our enclosed responses to the specific questions raised in your letter.
We appreciate the opportunity to comment further on this legislative proposal.
l Sincerely.
l 7
nws I.
I J mes R. Curtiss cting Chairman i
Enclosure:
As stated 1
cc:
The Honorable James A. McClure l
Ok e
9004040062 900303 COMMF. NRCL FDR CORRESPONDENCE F.Dv.
I l
t QUESTION 1.
What provisions of the regulations under Part 50 are inappropriate for uranium enrichment facilities.
l i
ANSWER.
On April 22, 1988, the Commission published an Advanced Notice of Proposed Rulemaking (53 FR 13276), which analyzed 10 CFR Part 50, as it would be i
applied to the regulation of uranium enrichment facilities under the Atomic
(
Energy Act of 1954, as currently constituted.
Each section of Part 50 was i
categorized in the Advanced Notice as inapplicable, partially applicable, or applicable in its entirety. The Advanced Notice also contained a draft set i
of General Design Criteria for enrichment f acilities that would be applied in i
licensing. Since the analysis is extensive, a copy of the Advance Notice is attached for your use.
In general, those portions of 10 CFR Part 50 that were found to be inepplicable relate to the licensing of nuclear reactors and were promulgated specifically for reactor licensing and regulation.
Provisions dealing with general administrative procedures or which implement statutory requirements j
(e.g. antitrust review)' were found to be applicable.
i 6
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UNITED STATES NUCLEAR REGULATORY COMMISSION RULES and REGULATIONS ma,.. e,tm.. t.
g.,,..
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v PART REGULATION OF URANIUM ENRICHMENT FACILITIES 76 Proposed MULE MAKING I
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$3 FR 13fra POR Puerftest guesessahool 90erfact detalte sa the proposed tMtructunag.
ouw.hes area'se A. Domes Clark. fr Offine of Nuclear mpr6mcipalsempnentof the coma =at emes saene 7/st/se.
Metenal Safety and Soleguarde. U.S.
> Commme pr6es see6aese to 10/st/te.
Nuclear Reguletory Commissioe*
restructunns would be a federeuy 90 CF.I part ye M sehir'pton. DC 30666. telephone 1301) chartered ennchment corporation.
which might be subject to repletion by I
the U.S. Nuclear Resuletory I
steguishon of Uranhan Enttehment sumeessertAer swonesavisec Feelmes Comm6 pion.The NltC eten has alse l
gg,,
,g been meetmg with some pnvete l
Aasenen Nuclear Replatory compenses, all of which are empressing t
Caminia.
A Waruum enhchment facility le e en interest la engaging in uteruum acteerr Advance notice of propowd production facihty as defined by section ennchment under NRC bcense and i
i rukmekms-11(v) of the Atomic F.nergy Act of19M.
ulation.
'6 se amended.De reguleuons wMch is advance notice of proposed svensaav:De Nuclear Reguletory curwndy govern the Commisolon's rulemaking to being pubhehed to provide Commiulon (h'RC)is considenna the mview and evaluation of an application the pubhc the Departmoet.and the eddition of new regulations Title 10 for a reduction facihty are contained in (Part F6) for utentum ennchment 10 port to, prrt b0 provides no prospecuve regulated industry an
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opportunity to provide advice and facilities De construct 6en and specine guiduce for hceuing wentum recommendeuono to the Commission on opereuon of such facthties currently ennchment facihties.De NRC staff has the wb)ect of uranium ennchmet would be hcensed pursuant to the never received an opphcaboo for a Commiulon's regulatione in 10 Cf1t part utenium ennchment facility. The staff.
licensing. De NRC staff has developed 30 for other production and utthsetion however, has licenwd focuiues which suidance, provided below, which would form th foundeuon iw a new ruk.if t
faciliues, such es nuclear power plante.
Pc*es wantum hesefluonde, which le In this notice, the Commission presente the prmelpel chacal form of wanium initieted. Because rulemaking may take its current analysis of the appbcability md la ne geoeous diffuenon procoes unrol yeare, and apphcotions for of the exteting mgulations. in to CF1t and the centnfuge proceu, the cwront printo ennchment rught be imminent.
Part to, to uranium enrichment facilities methode used to produce ennched ne NRC skN mil pmosed me th and poses queshone fw the pwpose of urenhun.
myiew of appucatione and ionance of 1
euciung comments on whether a However. Other methods for opriching appropriate licenses and penalte, on the wporate set of regulations for wenlue wenium can be and are being buia of the current reguleuono la10 enrichmentlicensing to desirsble.
deal
- Ped. For enemple, for several CF1L part to and the guidehnes The General Demgn Critene presented eere the Department of Energy has contained in thle edvance notice subject in this nonce may be propond for
{oHerod the development of an Atomicto any reviolone which might be codificeuen in the new reguletion.Does Vapor laser lootope Sepersuon ( AVI.lS) appmpHHe bmd on coeuunu cnteria may eleo be modshed, depending Process for enrichms wenium ne ruWwd.
As noted above, cu-ent ulations on esamente received in response to commercle! um of these methods would alrndy provide a framewoNfor the thic soues, and upon fwther stag a
u to reguleuca by the analyme.
licensing review of production faciliues.
. sees:= eommeH,oried opi,oe -
On Apr0 F.190e6 the Department of The initiation o.f a rulemaking to more July rt. test commente receind after Enegedthe Depenmut a
.ionely den. e subes e a NRC a ti in the F review should not hold up the tMe date will be sonsidered ifit is
[ubt 2 capkun a nbal'kd egle (
)M4 ung proctical to de so. but aneurence of consideration cannot be sinn emcepI as
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to commente received on or before LMs in ne Depenment's wenium enrichmaat Ursaluse Hemafluoride and public dHe Program. In addiuon, on February 17 Health and 5efety of Uranium
,,,,,,,,ggf,,,,,,g g, he test. the Department submitted a report Enrieneent g the.--i i g 3, to se Casma a he pdweeseen of r
see,,i.
DOre wanium ennchmet aktpdes.
Although the reguleuen of waruum Nuclear topuletory C.ommission, enrichaseet facilibes could include any 4l$=* arc,g,"%*uuon"y"n> type a ieanaany icesue e,iameH dagra woM.gte DC =.. Auenuen:
7 "ca,noe iomi R
=c= a ma>=> *'ea *~
o deuasad*- e =*-
r Deliver comments 80.11666 Rockville P!ke (One White elint North) Rochville.
Continuing Appropriation,19e7).The pmdaninant kchn%m. geoom letter tronomit the report indicated diffusion and genous centrifugeben.
MD. between 7.30 a.m. and 4:15 pJa.
that a more op c recommendation wich the urnium suu Lng me chmical Eumim cop 6es of commente meetvec' would be mede by the Department et imn of uranium haenumdeh et: the NRC Pubhc Document Room.
the end of March on the restructunna of Principal reason for using this form le 1717 H Street NW Wuhington. DC the enrichment enterprios. On March 31 theI the compound le a ses et i
1987 the Department provided further masonable temperstures and pressures.
The releese of uranium heaefluoride 76-P41 September 30,1968
1 PART 78 PROPOSED RULE MAKING from procese equipment is e more for chemically toalc effects whlrA if 60 4ti. 60 4?. M 4t.. M 49. &D.5$a severe chem 6 cal (tonicolog6ce!) hesord onceeded, could essee trenaitni or 60 to 261. 26L 60.R 60.?L W.73.
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then a redlet60n (rediological) baserd as permanent enh8FF.
and 60100-discoued below.
De staff corainers that en mtske of Appendices A. C. E. C. H. I. l. K. t. M.
If wenium hemsfluecide le reletoed to about a mg of utentum is the les el et N. O. Q. and R.
the atmosphere et will roact which obaht transient kidney mtury is chone not opphceW br roun6 caothermally with moisture in the air to espected to occur. and en intshe of
- ***I' produce h drogen fluonde (HF) and about 40 me of uranium is e reasonable 3
wrenyl fluonde (UO.F.). both esumste of the threrhold level at which ser a
t ompounds can be tomac. Hydrogen permanent kidney dem6pe mcy begm to esu fluoride se a cortosive scia spor which occur (see NUREG-11401.8 herefore. lar Emn. ii. h, FM op.
c.en 6everely demoge tiuve. especially design purposes the ste!!is considenne som k
n and s if inholed in the calculated mettmum amount that en emie==m can
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the moist huue of the lung! uronyl eufficient concentret pas.!
adult et or behond the controlled site Ars*ad* D emme fluoride 6e inhaled or ingested,it con boundary could inhale, es a result of
- ernda r no me enh covee intemelinjury to the kidneys and credible accidents of low probobihty to Ate'a8* P km*d I
sufficient quantit.es ces be lethat.
be in the range of g to 40 mg. Facihties i
in order to demonstrene that the desymed such that monimum effects 3,7A,,,3,ggjen,ofggpgp,fg30
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chemical haard of ureaive would not eaceied this range should not H%ich Apply Completely I
betefluchde reaction products for have a siFnificant adverse effect on the caccede that of its recietion heutd one beenth and safety of the pubhc.
- 1. Sections related to administrouve i
might consider the following enemple For esposure to HF. levels which procedures: Section 601 through 210.
teleted to just one of the ruction cause permanent injury are not clearly 60.1L 60.13. 230 through 50.3L 60.36b.
l products,uronylfluonde.If a person defmed. Exposure to HF et e 60.37 through 60 e0. 50.41, to 4L to 45.
inhaled sufficient utenyl fluoride es a concentretion of100mg/m is 250 through 60.53. Ent. Ena, no.m a
teeult of being esposed to a plume from estimated to be unbearable for one 60.70. 60.?8. 60.00 through 30.110 encept i
reitened utentum hemelluonde (ennched mmute. MF et 13 ingIm e would be R103 l
to sin percent U-236) auch that there detectable by smell and cause pouible
- 2. Appendia B.
was e 40/60 chance of survivmg (L3 trntetson. Above 26 mg/m.MF would e
percent lethelity) the chemically toxic cause trnteuon and poulble health C Those Sections of MCn!Poripo cffects. that person would receive only eflects.s Therefore.'the staff considere H%ich Apply Partially 1* Peregre i
chout El rom committed (hfetime) total that 36 mg/m HF is the maximum D01 ePP}y.,g{he (3) and (1) of 6 30.33 do body dose equivalent or about the concentration that a person et or beyond 0ther PeregrePha ePP y.
1 i
monimum amount a radiation worket the controlled site boundary could be L Section 233e refers to information t
con receive in one calender quarter (3 '
exposed for short penods, as a result of rem). Obviously. even further t.hemical credible incidents of low probabibry.
requested by the Attomey Generalfor I
reurved. peregraphs (proph (c)is anutrust review, para injury could be sustained by b same Enrichment facilities designed 1o limit a) (b). and (d) ildMdual from the hydrogen fluonde any release to e value below tble produced dunns the ame telease of tererence concentration will not have e apply only to nuclear power reactors.
l uranium hetsfluonde.
significant adverse effect on the health para sph(e)e hee to e uranium and safety of the public.
e ent a ce j
Design Guldence Standarde Bued on Chemical Effects Analysis of the Applienbility of13 CFR Apphcotions: tect'mical information.
Based on the above discuseson the pen so to Uranium Eanchment applies in part to a utentum enrichment staff wiu be guided mainly by the ne NRC staff hee reviewed each plant.h extent to which peregraphs of i
chemical effects of reaction products section of to CFR part 60'to determine l m34 applyis discuned below; i
from uranlure hexafluoride in its outlook which sectione do not opply, which en design for the pro'ecuan of the bulth sections wiu apply. Includmg the notare A. Poroproph (cf. Prelist/roory Sofety i
cnd selety of the pu'alic.no Atomic of their oppUcabibly,and those which
^ ^8llsie A g orf Energy Act provides authonty for the will apply la part.This sna.yene is based
%e following peregraphe pertain I
Comapulon to consider any on the staire lodgment as to technical principally to nucJear power plants:(1).
I consequence to the pubhc b6elth and and proceduralappbcability,ne (3)(i). (4), (10). and (11). Replacement safety inherent in the pbyelcel analyene is ietsoded to form a beels for peregraphe roleted directly to the latest e herectorieuce of licsoned neuros or the NRC eteits approach to boenstng of of these paragraphs abould be prepared special nuclear meterial such se e utenrum enrichment feailities.
unlen they an only appbcable w urenlum hexafluonde.no staff herein A. hee Seoflane of10CMt Part 30 riuclear power plante, proposee reference valuso to be used for M%ich Do Alot Aap/y B. Parogroph (b). Fino! Safety Analreis -
the evolustion of estes and designs wssk respect to potential occidente et
- 1. Secuono and appendices related Jtepart uranium enrichmootlealbues.These only to nuclear reactor licensing:
pro osed reference values for UO.F.
Sectione 30.34a. to.36s. 90 43, ta44.
N following paragraphe portale C n[HF. beeed on chemical toxicity. are principally to nuclest power plants:(ik (t)(1). (4). (6)(v). (6)(viik and 19).
Intedned to be comparable with the e c.,i.e er retmeo-nes mer b head i==
originalintent of the reactor siting en e peweasem of owwne=wdeCowmanei Replecement peregropas related Alirectly l
cnterie in to CfR part100.L.e a whole.
P"'ma osias. r.o. een root w.eemeien. oc to the intent of these peregraphs should
[D be prep red unless they are y
"* J.e.synner'de g g
- g=
body radiation dose guideline value opplies e to nuclest power p ents.
fined et the int where it is beheved aeyei n.
.e4 YA anet. A sep, u ens.
I#l' b I
g b4 e a N weet ffee e to De us Tj'[a,raseo El8 Peregraph applies in its entirety, proposee using stuentities or ipn
. is ur..% siw t wee en Yes>
concentreuen values which are et the w ur.Hr r. ire.
e conwm.
lower range or average threshold level P=eme. san 4m. en s. luir teos P
April 29,1988 76.PR 2
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PART 78 PCOP8 SED RULE MAKING D2civproph id) Sofeguonk F.nisting Regulatory Easie Ier Applying Dreh CentrolDn$n Cruerio fer Canbrvene) Pion Seleguarde to Enr6chunent Focihties prenium Enrichmenf his paragraph appbes m its entirety
- 1. Section 60.Micl requires that each The staff has prepared draft General I; Pereproph (e) apphn in its entirety. eppbcant for a heense to operate e Design Cntene for uranium ennchment F. Peregraph (f) does not appl) producuon or utilisation facihty must which are intended to apply to ant C. Peregraph (s) does not opply.
include e physical secunty plan es part technique used for that purpose.These of their opphcation, draft General Dee6foources. including Cnterne have bwn paeohe (ii).
ic5 re to
- 3. Section 60.73 requires each holder drawn from severe nuclear power mactor sitmp entena. A of a construction permit (inued under thou previously p posed fot other Me'n'T,"R'%'M5'fr'e't12, S"nE'n"O*E'Jibn fiaYaI*a*b'Ec'd'N'
should be prepared' informehon on Form N-71, permit pieres They are imended to prov6de
- 6. Sechon 60.36 apphee in art tu venfication thereof by the intemational generel ruidance as to topics whic.h uranium ennchment.ne Io! owing Atomic Energy Agency, and take such must be considered and the overall i
paragraphe related to nuclear power other action as may be necessary to performance objectives related to each i
plants will not apply: (c)(1][l)( A) and traplement the US/lAEA Safegurde criknen.The actual implementation of l
(cll1)(ll)( A). Paragrsphs (c)(1)(1)(B) and Agreement. in b manner set forth in M bentral doign criterie will be (cIlllili)(B) apply to fuel reprocessing il 78.3 and 78.11 through 78.14-different then in the case of nuclear plants. but could equally as well apply
- 3. Section 73.1[h)(1)(1) stales that Port power plants and will depend upon the to utenlum ennchment plants.
73 prescribes requiremente for the specific procenes and dmsne being Peregraph (t)(2) opplies to both nuclear ph sical protect 6on of producuoo and considered and will be commenswate power plants and reprocessing plants, a ton facilities hcensed pwouant to with the safety function of the specific y,,,,,,, c,,p,,,, g, 7
This paragraph could apply to uranium
,, lated to those doigns. As empenence
+
enrichment plante in the same menner 4.no material control and es it opphes to fuel reprocessing plants.
eccountability requiremente of 6 7041(bP is gained on the opphcation of the All other paragraphs apply to utentum (1). (2). (5). and (3). t 70 $1(c) and cntens, modifications may be deemed appropnew to b churk. It is Moo ennchment except (c)(7), which is 70 61(d) perteln to enrichment facilities.
expected that dulgns to implement the specific to nuclear power plants.
S.no Meterial Control and entens willin most instances not be
- 4. Section 6044.
- Conditions of Accountability Reforve Rule, as comparable with that of nucient power Licenses." applies in part to uranium contained in ll 74.61. 74.63.74.56.74.57 plants. In particular, the confinement enrichment. Peregraph (e) apphee to and 7443. perteine to facilities criterie might apply to only limited erese nuclear power plante and fuel authorised to possess five formula of the plant where significant teleases reptocessing plante. but could be kilograms (or more) of strategi: special cJuld occur which,in turn, could cause opphed to e utenium enrichment plant, nuclear material, except for reprocessing exposure in excess of the referenca
%e following paragraphe apply to e plants and nuclear reactore bconsed values for toxic effects.
entirety: (b) (c). (d). (plant in their uranium ennchment pureuent to Part to, hus, this rule e). f). (3) (b) (1).
As dioevowd in a previous section of (1). (n) (p), (v). (a). (y). (s(e), and (cc). no would apply to en enrichment facilit)d thle notice, the current technologies.
that handles or produces high enricht.
using h chemical form uranium following paragraphe opply only to urenlum (but not those limited to low hexafluoride, would be of more nuclear power plante: U1. (ml. (o). (q). (r), ennched uranium production).
Immediate concern. In this section we (s) lt),(u (w). [:). end (bb). Peregraphe sw Sectione 70.61. 70.67. and 704s (in provide these draft eriteris es beoed on (11), and (k), apply to operator licensing their entirety) perteln to any facih'Y the NRC staffe current conalderations and may or may not be applicable to authorised to poseees special nuclear as to potential hasard to the health and uranium enrichment.
meterial to moderate otrategic ufety of the public. We note.in
- 7. Section to.&&,
- Conditions of significanos, except that nuclear particular, that the droll criterie construction permite." applies in part to reactore Ucerised pursuant to Port 30 are presented for design for effects of i
uterilum enrichment.ne followmg enempted from Il 70.47 and 7044.nus, natural phenomene are chorectorised by paragraphe apply in their entirety to an enrichment facility that bandles or return periods.nese criterib should be uranium enrichment: (a). (b). (c). and (d). produces urenlum enriched above to used in conjunction with date provided Peregraph (e) applies only to nuclear percent but less than 30 percent (in the by competent authorities which relate power plants. Paragraph (f) applies to U-gas lootope) would be subject to design variables such as ground both nuclear powerI este and fuel ecceleration and wind speed to return l
- ',anc"@han%', ti' 'g""aac'r lal 70.51. 7047. and 7044.
o ly m edag.af
,de Reguie u.e n eide Pad-P y to duneet Teculties but Genero/ Design Crherio enrichment t.
- t A l
- 4. Section 6047."Inuance of Co be A p ed be yo g
e gg p
An application for a constructica operating license." applies in part to y,
permit for a urentum enrichment facility utentum enrichment. Peregraphs (a) and must include the principal de (b) apply wholly Paragraph (c) applies
- 1. Section 74J1 (l.a. the law mnriched criterie for the propoud facillt. hen only to nuclear power plants.
Uranlon Reform Rule) contelne meterial General Design Criterie estab h
- 9. Section 90.71. " Maintenance of control and accountability (MC&A) minimum requiremente for the principal records, making of reporte." Peregraphe regulations for facilitle6 authorised to design criterle which are commensurate (a) through (d) apply wholly. Peregraph pouns special nuclear material oflow with their sefety function.These (e) apphee to nuclear power plants, but strategic significance, but specifically Ceneral Design Criterie may not be could apply to a urentum enrichment exempts production and utilisation complete. Any omiestone do not reliev,e plant.
facilities licennd pursuant to Port 30.
the applicant from the requirement of l
76-PR.3 April 29,1988
PART 76 PROP 8 SED RULE MAKING I
providing tne omnary safety featurn have safety significance shallbe for accessibilny to tht equipn.ent of in the design of a specific lecility. In protected spamst dynamic effects, onsne and available effene emergency
\\
addition to satisfymg the General meluding effects of missiles and facihties and seraces such as hospitals, f
Design Cruena, the opplicent must discharpmg fluids, that may result from file and pohce depar.ments, ambulance l
- 11) Design asemst the loss of natural phenomena. accioents et nearby service, and otner emergency spencies.
confinement ce bilai or other industrial, mlbtery, or transportation capability whic woufd jeopardine the facilitu a equipment failure, and other Asyn hsis for Mrm@ercuen for health and safety of the public where similar svente and conditions both
- '#'"'#' en"o#I"# ##'#8" AI'*8' 8
NaturolPh meno euchlose of r,apability results from any inside ed outside the facility, U"I "
si ute in systems having safety p,,,,,,,,'n Against Fires and T.xploelone 8
le$nrichment fechn musM (2) Provide diverelt in systems Rtruttces, systems. and components designed so that the concentration of comer.enturate with tkeir safety which e.= determined to have safety hasarcous metenals et or beyond the
- functus, significance must be desioned and under (3) Minimise the possibility of non.
located so that they can continue to boundary of the exclusion aree 11lbe se normal operating conditions, shal random. concurrent failures of important perform their safety functione effectively low as is reasonably achievable. and (2) elements in protection systems; under credible fire and explosion
- 14) Provide daign criteria and design exposure conditions. Non.combutible as the resuh of design basis accidents bues for resistance of parts of the and heat resistance meteriale must be including those of low probability, shah not create any undue nok to the health facility to upper hmit accidente and for used wherever practical throughout the and safety of the public.
maximum probable natural phenomena facihty, particularly in locations vital to (b)The design of the facility mal be when the consegunce of such events the control of hetardous materials and endanger the health and piety of the to the maintenance of ufety control adequate to provide protection asalnot severe external events that could result public; functions. F.xplosion and fire detectiorL (5) Provide adequate protection for alarm. and suppression systems shall be in the relope of quantities and concentrations of hasardous material employees from hazards which could designed and provided with sufficient affect their performance of actions cepecity and capability to minimite the which may be of public health and required to protect the public from adserse effeca of fires and explos on on safety significance. The design bases for such es ents shall take into account their exposure to hazardous materials.
structures, systems, and components historic freqwncy and severity in the There may be some facilities for which are determined to have safety which the General Design Criteria are significance, The design mwt include region of the site and the potential risk not sufficient and for which additional provisions to protect against adverse to public health and safety. including the cetteria must be satisfied in the interest effects that might result from either the inventory of hatardous materials in the j
of public safety. Also some of the operation or the failure of the fire facility and the size and the proxiralty of General Design Cetteria mey not be suppression system.
the population at risk.The type of eevere events to be considered will vary t
repriate for a specific Sharing of Structures, Systems, and among elles.however, earthquakes, J;
necessary or opfities such as these facility. For faci Components tomadoes, and floods shall be departures from the General Design Criteria must be identified and justified.
Structures, systems, and components considered in au cases, se described in which are determined to have safety paragraphs c. d. and a below, Cenero/Regus,tomeMs significance must not be shared between (c) Historical information concerning Quahty Standards and Records an enrichment facility and other the' regional seismicity interpreted in facilities unless it is shown that such light of regional structural soology and Structures, systems, and components sharing wiu not impair the ce bility of sological conditions shall be used sitefeiermining the mas.imum vibratory which are determined to have safety the ennchment facility to per rm its for si nificance shall be designed, safety functions, including the ability to pround motion which reasonably could
^
fe ricated erected,and testedin return to a safe condition in the event of De expected to affect the site during the accordance with the quality assurance an accident, operating life of the facility. Such an criteria set forth in Appendix 8 to10 earth)vake will have a mean returnp,5, of the order of 800 years.' Deelen i
CFR Part 80. Appropnate records of the Proximity of Sitee design febrication, erection, and testing An enrichment facilitylocated near earGquakes of shorter return period of strvetures, systems, and components other nuclear facilities must be designed may be proposed, and shall be justifad which are determined to havs safety to ensure that the cumulative effects of through considerauone of the significance must be maintained by or their combined operations willnot incremental risk to public health and under the control of the licensee constitute an unreasonable risk to ths safety relauve to the 604 year interval.
throughout the life of the facility.
' health and safety of the public.
(d) Historicat information concerning Protection Against Environmental Testing and Maintenance of Eystems the regional and localincidence and Conditions and Components severity of tornadoes shall be used to establish a site-specific design tornado (a) Structures, systems, and Systems and components that are event.The characterieuce of the design components which are determined to determined to have safety elsnificance have safety significance shall be must be designed to Pennit inspection, designed to withstand the eflects of, and maintenance, and tesung.
,,,' $ ",',",'a',",*,d $ Y ' $ ',7 ['
be competible with, the environmental e s ci-a of '"remeuvo Promen. tw h conditions associated with operation, bergency QpaWty
- h ** D,n."n'i or a..noe n.eui.uoe. tw aanansar Develop maintenance, shutdown, testing, and Structures, systems, and components
^eeb'd Technoloey Counca. ATC HIL t!A accidents.
which are deterrrHned to have safety g "j" g a g g ia u
g (b) Structures, systems, and significance must be designed for roundauon Pubhc.uon is41Aa upd.ie at thes mee components which are determined to emergencies.The design must provide isespecied.i l
l April 29,1988 76 PR.4 l
I
PART76 PROPOSED RULE MAKIND tornado shall be deternuned consioenni Ucrageting failure, or gross rupture hacess Safety both the tomado frequency for the dunng the design life of the facihty.
region in which the faclisty is located, as Compartmentahaabon of process Pronction Symms well es the Ireguency of occurrence for e inventory, when used as a metbod of (al Protection systems shall be tomado of a given sniensity withm that "8 "'
reducing the amou t of hasardous do:Sned (1) to initiate action that will tel The desian basis Dood as a meterial capable of bems released by assure that specified acceptable minimum shall be the Standard Project any singin or localIsuure of pnmary operatlog design hmits are not onceeded Flood as defined and in common use by conteinment, shaU be considered 8*.
as a result of operational occurrences the Corps of Engineers. he Standa d design as a means to effectivel) @
and (2) to sense potentially hasardous or Project Flood is the floor resulting from and contain the process invent w,,
ncident editions, and to acuvate the most severe flood. protection rainfall modular units or states for all aNem6 M components required to depth area.durstson relationship and nuo'uble W w abowmd m. ire the safety of operating personnel isohyelai patiem of any storm that is
- ""d h W the pubhc or to Five audible and mal alarm so that action can be taken considered reasonably chars;tenstic of Ventilstion Systems o a timesy manner to ensure such i
the region in which the watershed is safety.5ystems and comhnents shall located.1f snow melt may be Ventilation systems required for the be activated automatical where this substanual, appropriate amounts abay confm' ement of hazardous matenele be included with the floor producing shall be designed and appropriately mode is compatible with the safety rainfall. When floods are predominantly tested to ensur) their operability during requ rements to be satisfied.
caused by snower the Standard normal or abnormal conditions. To (b) Protecuan systems shau have 1
Project Flood shall.. based on critical accomplish this objective, these systema reliability and in situ testability. The combinetsons of en v.temperatur* and shall be designed to meet the following design or protection systeran shall water losses, requirements:
consider altamate methods at least (I) Structures, systems, and (a)The desired ventilating air flow sufficient to ensure that (1) no slagle components which must withstand the direction shall be maintained under failure results in loss of the protection functions and 2 removal from service design basis earthquake to meet the operating and accident conditions.
of any compon(en) t does not result in loss requirements of parrgraph (a) shall be desisoed uoms a suttable dynamic (b) The ventilation system shall of the protection system such that it will analysis or a suitable quahf1 cation test accominodate changes in operating opwate with acceptable reliability.The to demonstrate that they can withstand condluons such as variations in protection systems shall be designed to the seismic and other concurrent loads, temperature or pressure, and shaU be rmit the periodic testma of their except where it can be demonstrated capable of safely controlling aD off.
cuons while the plant is in operatico
""I d
gases that could be associated with to determine competency to perform etho p vides de le normal or accident conditions.
their intended safety funchoes.
conservatism.
(c) The continuity of necessary (c) Protection system shall be s
(g) Conservative estimates of ventilation shall be assured by means of designed to failinto a safe state or into atmospheric chspersion of hazardous alternate equipment, fall. safe systems, a state demonstrated to be acceptable material based on local meteorological or other provisions.
on some other denned beam !!
conditions shall be veed to evaluate the (d) Provisions shall be made for conditions such as disconnection of the I
impact of normaloperations and of testing during normaloperations,aH syskm, loss of pergy w modve pown.
design bade occidents to demonstrate ecmponent functions having safety w advuse wirmmets am l
compliance with the requirements of significance to the extent necessary to eRPuinced.
paragraph (a).
provide reasonable assurt.nce that they Instrumentauon and ControlSystems Confinement Barriers and Systems Pufonn their dwign safe 4 Instrumentation and control systems Confinement systems shall aneslet of I'l V)tilati# 8Y8M"8 8han beshall be providad to monitor variables confinement barners and paent which control against the aae of designed to permit the continued and operating systems that are hasardous materials to the envirotunent. Occupancy of any and all areas where significant to safety over anticipated The connnement systems which are such occupancy la required for normal ranges for normal operation.for abnormal operation.for accident fa maintaW the facWWin a e ant operations, fu safe shutdown, and signillaant to asfety shall be designed to conditions, and for safe shutdown.
protect against the effects of somdants or enternal netwel phenomena and shall shutdown condiuon. 7telt design shall These systems shall ensure adequate include prosecuon ainst the intake safety of process and utility service be fabricated, erected, appropriately
. and accumulation gbasardous operations in connection wtth their tested, er:d saintained to ensure safety function.The variables and materials.The design shall also permit syrtems that sequire seastant r
prevennom of abnormalleakage. rapidly the timely and safe evacuation of personnel from all areas.
surveulance and control include process
,g m.,
g systems having safety significance, the
,g,,au w.nedssetwin.as (f) VentuaUon systems shall be overall confinement system, unmaar etchasm-maanesi ase=== wind.
designed to confine the hasardous confinement barriers and their ter ow Unime aume-Au anc and cetr er nesses materials during normal operation and associated systems, and other systems c=nde=mf ch,mgert.NOAA.eser test to ensure that the release of haSerdoes that affect the overell safety of the plant.
UM.nn l.v.amedenaet.wunsc/cm.
d
",,,"wdf,m%,,,6 materials in the effluent gases is as low Controls shall be provided to maintain Am as reasonably achievable. Such systems these variables and systems within the Me2. PWe'er. Ononenen w alaw men shell aleo be dedgned to rrtain their prescribed operating ranges under all P'"*d " d"'8" ""8 *"d "" " "*"" *f confinement and separotion capability normal conditions. Instrumentation and E *, 7 $,
,"w* O.8.'",",y*'j,4 1o minimtze releases resulting from an control eystems shall be designed to leu
.pm accident condition, into a safe state or to assume a state 76.PR.5 April 29,1988
~
PART 76 PROPOSED MULE MAKIN2 demonstrated to be acceptable on some electnc power source or circuit. rehsble (b) the equipment contammy the fissile Other basis il conditions sur.h as and urnrly emergency power wiu be matenal is located behmd sufficient disconnection. loss of energy or motive provided to instruments. confmement bamers and shieldmp to reouce the
)
1 Power or adverse environments are systems. utility service systems. and probabihty and extent of accidental eApenenced process systems m amounts sufficient to contammahon of the environment and show opneuons to be shut down safel>
accidental radiation emposure to Separation of Protection Systems and and to be memtamed m a safe shutoown personnelin tne event of a cnucahty Control 5ystems condition with all safety devices accident.
Protection systems shall be separated essential to safe shutdown funcuenmg Ancillary Crtteria for Nuclear Criticahty from control systems to the extent that e change or failure in a control system Nuclear CnticohtySafety Safety leaves intact a protection system with Safety Maryms (el Process and storspe systerns shall be designed to ensure that no acceptable rehabihty and independence The design of process and storspe mechanisms that could cause
" 9 """#'
systems shall mclude oemonstrable segregauon of fissile matenals can be Control Areas marsms of safety for the nuclear h" *
- A control toom or control areas shall cnticahty parameters that are Q',"g' ",C0(P ",'" 'g d u nde t n
, y commensurate with the uncertainties in g gg be designed to permit occupency and actions to be taken to operate the plant the process and storage conditions. in 28d'"*I-the data and methods used in safely under normal conditions and under abnormal or accident conditions calculations, and,m the nature of the (b) Components whose nuclear immediate environment under accident enucality safety is dependent on a to either operate the plant safely or to limitmg concentration of fissile matenal shut down the plant and mamtem the conditions. All process and storage plant in a sale condition. There shall be systems shall be designed to be shell be designed so that either (1) mechanisms that could cause entical mamtamed subcntical and to ensur, an attemate system des:gned to allow concentrations of fissile materials are 4he plant to be put into a safe condition that no nuclear enticahty accident can if any one control room or control area occur unless at least two unlikely, not present or (2) concentration is controlled by positive instrumental is removed from semce.
Independent, and concurrent or sequentini changes have occurred in the means.
Process Systems as Pnmary conditions essential to nuclear enticality (c) Process and storage s> stems shall Confmement Barners
- safety, be designed to ensure that the transfer b""'**"" '*"' "I '**'
Process components and systems are Methods of Control unsafe systems is not poseble as a the pnmary confmement barner. The design of each process system shall (a) Favorable geometry,in which consequence of any single failure or provide capabihty for the system to equipment or systems are subentical by operstmg error.
memtam its mtegnty and operability as virtue of neutron leakage under worst (d) Confmement system components necessary to protect the pubhc health credible condiuone,is the preferred shall be designed to ensure that leakage
}
and safety. Provisions shall be included method of nuclear criticahty control.
from equipment or from one for the safe handlmg of anticipated (b) Where the favorable geometry confinement tone to another nontoutine process conditions.
method of nuclear enticality controlis confmeatent zone cannot result in a not practical, the use of permanently conditien that would result in nuclear Utility Services fixed neutron absorbmg materials enticality.
Onsite utility service systems shall be (poisons)is the next preferred method of (e) The spacing between discrete providad when such onsite semce is control.
accumulations of fisstle matenals shall necessary for emergency use to protect (c) Where both the favorable be controlled so as to mainteln a the health and safety of the pubbc.
geometry and the permanently fixed subcritical state.
Onsite utility services shall meet ti.e neutron. absorbing matenals (potsons)
(f) A cnticality monitoring system followms critena:
methods of nuclear criticality control are shall be maintained in each area where (a) The design of each utthty service not practical, administrouve controls of special nuclear matenalis handled.
system requtred for emergency moderation, fissile material used. or stored which will energise conditions shall provide for the meeting concentration, total fissile material. or clearly audible alarm signals if of safety demands under normal and tne use of soluble neutron.absorbmg accidental criticality occurs abnormal conditions.The design of materials (poisons) shall be employed utility services and distribution systems when combined with marsms of safety JtodiologicoIPiotection having safety significance shallinclude measurements or appropriate analysis Exposure Control alternate systems to the extent and engineered safety features.
Radiation protection systems must be necessary to maintain, with adequate Neutnm Absorbem provided for all areas and operations capacity, the abihty to perform safety functions assuming a single failure.
Where solid neutron. absorbing where onsite personnel may be exposed (b) Emergency utility services shall be materials (poleone) are used for the to radiation or airborne radioactive designed to permit testing of their prevention of nuclear criticality, the materials. Structures, systems. and functional operability and capacity, design shall provide for positive means components for which operation.
including the full operational sequence to verify their continued efficacy.
maintenance, and required inspections of each system for transfer between Soluble neutron absorbing materiale may involve occupational exposure normal and emergency supply sources.
may be used as a pnmary nuclear must be designed. fabricated, located, and the operation of associated safety criticality control provided (a) two shielded. controlled, and tested so as to
- systems, independent methods are provided to control external and internal radiation (c) Provisions shall be made so that. in ensure the presence of the required exposures to personnel. The dealgn must the event of a loss of the pnmary concentration of neutron absorber and include mearts to:
April 29,1988 76.PR.6
w PART76 PROPOSED RULE MAKING le) hevent the occumuleuen of informenon Fuidance se'lorth in for a basse of dreign calculation redcochve metenelln those systems Reguletary Guide 3.t.5. " Standard comparable to the twenty five tem renumns accese:
Tormat and Content of Safety Analysis whole body value used lor guidance in (b) Decontammete those systems to Reports fot Uranium Enrichment to CI'R Part 200?
w hech access le required.
Feelhties." and exponence gained in tc) Control occus to swee ol potential prmous evolustions of other types of W W S & W W W CFR contemmetion or rediation:
fuel cycle facilitise in order to determine P8 "
(d) Measure and control the individual topics for its review and Classified informouse. Hasardous contamination of areas requiring access; evalueuon of the oefety of a urenlum substances, penalty.Radaeuen (e) Minimlae the time required to ennchment facility. hen topics are se protecuon. Reporung and recordkeeptes perform work in the vicmity of follows. utsmology. geology, hydrologi. requireseeats. 5ecunty meeswee. 5owee radioecuvv oomponente: lor ememple. by meteorology. site locauon fectors.
saatenaL 5pecial nuclear matenal prov6 ding sufficient spees for esse of structural analysis, mechanical Uramum.
operetion and designmg equipment for eqJipotent analysie.Cnucality eene of repair and replacement and prevention, fire / explosion prevenuon The authority citetion for this
-(f) Shield penonnel ham tedietion and protocuos, vestaleboa eyetem docuswnt is:
expoewe.
analysis. identificebon and aharing ol (sec. set.ge stat osaw as emonded tat UAC.
Rediological Alarm Systems structures.4yetmo, and compmeone anott on, an as slet. saat se amended tot linportant to safety.redioactive waste U.S C. ses1H.
Radiological alarm systems must be trutment,packasms anddisposal 3.ied et asshviDe. hED. thle tte der of provided in saceuible woth arose es radieuon protecton, chemical safety.
Aprilsees, appropnets to wem operating personnel accident analysis and emergency of todietion and airbome radioscuve planning. decontamination and For the Nuclear Regulatory Commeeien, material concentretions above e given decomfruantonmg. management g
,,y 4 setpoint and of concentretions of organizabon and quabry assurance.
Seewforyofh Comewu radioactive malenalin effluente above technical specalicauons, human faraore > u pn anes,t control hmits. Radiouos alarm eyetoms operetor hcenomg. esieguardmg speciel pow n.
/ts/te must be designed with provisions for nuclear matenal. and the protecuan of Comment period estended to 10/22/88.
calibretion and teoung their operabihty, classified iniormation. It is espected Effluent and Direct Radiation that each of these topics will be 10 CFR Part 73 yshnns addressed separately in any safety evolustion report prepared by the staff R,aciiiiiosegulation of Uranium Enrictwnent (si Aerpp,o,,isie efiiveni sysieme io, e u,e,uum enn imeni f.c hty.
e moun of red'i nuclid I of Quedone Related to &e Regulades of asemcvt Nuclear Regulatory dunns normal operations and under Utenium Ear 6chment Fadlitise Commisston.
eccident conditions must be provided in light of the previous discuselon, the actiose: Adverce notice of proposed for these systems. A means of measuring U.S. Nuclear Regulatory Commission is rulemakins, extension of comment the flow of the diloting niedium. either particularly interested in receivtas penod.
air of water, must eleo be provided, commenta concerning the following:
(b) Areas containing radioactive
- 1. Are the siting criteria set forth in aummasyt On May 22.1983 (63 FR materiale must be provided with the General Design C.iteria appropriate 13278). the U.S. Nuclear Regulatory systerne for measuring the direct and complete for umu m annchreent Commission INRCl pubhehed for public radiationlevelsin and around these facihtiest comment an Advance Notice of areas.
- 2. Are there factore related to Proposed Rulemaking (ANPR) teleted to the reguistion of uranium ennchment Effluent Control bl e o$er & n & che 1 oxi ty
$.N','
- "',**"' dP' i*d rthis Focihties must be designed to peevide of the reaction products of uranium
,,pg means toliasit levele de low as is hexefluoride, that are not taken into 1968. By letter dated July 26.1988. the I
U'qu. Department of Energy (DOE)
,, S rusonably achievable the release of account in the bounding conditions in ested a ninety. day extension of the radioactive meterials in elDuents dormg. the General Design Criteria?
normal operatone: and eentrol the
- 3. Should the amterte of Appendix B comment penod.The principal reason release of radioactive materials under -
to 10 CFR Part 90. " Quality Assurance given for the request for extension was accident condibone.
Criteria for Noclear Ptrwer Plants and that the DOE's review le not complete, Decomalui'"A"3 Fuel Reprocessing Plaata"be s d in and additional time wee needed to provide detailed commnte.
lie present form to urenhan enri nt
'!be facility meet be designed so so to facilitieef in view of the DOE's high interest in facilitate decommiseloning.Provietone,
- 4. What setivities abould be the rule. lta experience and knowledge i
erset be made to facilitate performed by a licensed operrtor and of the subiact matter, and the likelihood i
that the additional comments willbe decontareinstion of structores and what requiremente should apply?
helpful for development of a proposed equipment, and facilitate the reinovel of
- 8. Should the technical speancation radioactive westes and contaminated categones applicable to fuel rule, the NRC eteff has decided to materlate et the time the facihtyle reprooseeing plants, as set forth in to extend the comment period for en permanently decommisaloned.
CFR 80.36, be applied to urentam additional ninety doye. The extended commest period now expires on October Review Plas Teples for NRCSesE 22,19e8.
Co th diocessioninthis
'Ibe Coeunleelon has takeninto notice conoeming the health effects to eats:The commene period has been account the information contained in the persons by the optake of arenima, what extended and expires on October previous peregraphe in tble notios, the value of arenium mese should be used 1
da ee ommjdjen b ib p,e g
tg d 76-PR 7 September 30,1933 1
n e
)
i PART 78 PROPOSED RULE MAKING sutanee of consideration
' given c meept es to commente g
i
- on or before tius date, i
- MallCommeMe w h i
of the Comause6en.US.
d 1tegulatory Comause6en.
on. DC 30688. Attention:
'l
,. t end Serv 6ce Branch.
sommeMs
- lists Rochtile j
' kville. Maryland, between FM 418 p m. Enemine copies of i
. s received at; the NRC Public
)
t Room. 3130 L RIreet NW,.
l
' on. DC.
use aseendation soutact:
. Rouse Office of Nuclear le? sty and Safeguards U.S.
tegulatory Commiselost on.DC20H4 telephone (1 1338..
iot6ty citetten for thne
]
..! le: Sec.101 as Stat. 944. as
. (3 U.S.C. 3201).
l
. Rschtil!e, Manland this tath day er lees.
' J S. Nuclear Regulstery a
~ slik. -
>lthe Com.wasion.
I
.ter 30,1983 76-PR.8
[9 t
e 6
}*
t L
E OVESTION 2.
What is the difference in the procedures that would he applied in the licensing process, for example, with respect to,
-the opportunity for public participation?
t
-the number of hearings and whether or not hearings t
would be held?
-hearing procedures (right to cross exan'ination, discovery,etc.)
-review of decisions by the hearing examiner or hearing board?
ANSWER.
The major differences in the licensing process procedures are in the license application format and in the hearing procedures.
10.CFR Parts 50 and 51 require submission of a safety analysis report and an environmental report, followed by an NRC staff-produced safety evaluation report and an environ-t mental impact statement for both the construction permit and the operating license. 10 CFR Parts 40 and 70 require the submittal of an environmental report and an application that addresses all safety and radiological health issues, although not necessarily called a safety analysis report. Regardless of fonnat, the same substantive safety and environmental issues would be reviewed under 10 CFR Part 50 licensing as would be reviewed under Parts 40 and 70 ticensing, although the licensing review under Part 50 would be separated into two stages. The draft General Design Criteria in the Advanced Notice would be applied in either case.
4 QUESTION 2.
(CONTINUED) In the case of a production facility licensed under Section 103 of the Atomic Energy Act of 1954, as amended, there is a mandatory construction permit hearing, whether or not contested. The hearing is conducted in accordance with 10 CFR Part 2 Subpart G.
Subpart G provides for full and formal adjudicatory procedures, which include discovery, motion practice, eviden-tiary hearing with cross-examination, and the filing of findings of fact and conclusions of law for consideration by the adjudicatory body.
The hearing is conducted by a three-member Atomic Safety and Licensing Board, whose l
decisions may be appealed to the Atomic Safety and Licensing Appeal Board and ultimately to the five-member Comission. An opportunity for a second hearing is offered when an application for an operating license is filed with the applicant's final safety analysis report. This second hearing, which is focused on the operating license application, is not mandatory, however, and i
is convened only after a person whose interest may be affected raises a valid contention. As with the construction permit proceeding, an operating license hearing is conducted pursuant to Subpart G, with its fonnal adjudica-
{
tory procedures. The NRC staff is always a party in Subpart G hearings.
Materials licensing hearing procedures -- for licensing other than utilization and production facilities as currently defined by the Atomic Energy Act of 1954 -- are governed by the regulations in 10 CFR Part 2, Subpart L.
Subpart L was promulgated by the Comission to provide a less formal adjudicatory procedure for materials licensing where the health and
s t
OVESTION 2 (CONTINUED) safety issues usually do not reach the complexity found in the licensing of nuclear reactors. The Commission believes that the public interest is better served in contested materials licensing cases by procedures that are less legalistic, less cumbersome, less formal, and more expeditious. Subpart L is based on the assumption that relatively simpler issues in such cases can generally be resolved on the basis of a written file that contains all the relevant licensing documents and the written submissions of the parties.
Under. Subparts G and L, the standards that apply in ruling on a request for a hearing are similar. To participate in either case, a person must show that the licensing action has the potential of causing injury in fact to his person or property and that he has a safety, health, or environmental concern or contention with regard to the licensing action in question that warrants consideration by the Commission.
If anything, the threshold for participa-tion under Subpart L is less demanding than under Subpart G in terms of the need for the intervenor to provide specific contentions and a factual basis for them.
In contrast to the process under Subpart G, there is no discovery under Subpart L; instead, the NRC staff is charged with assembling and maintaining a hearing file for the use of the single presiding officer and all parties.
If necessary to create an adequate record, the presiding officer may allow oral presentations. Although there is no cross-examination, the presiding
QUESTION 2. (CONTINUED) officer may ask a witness to answer questions posed by a party.
Strict rules of evidence do not apply. The decicion of a presiding officer in a Subpart L proceeding may be appealed in the same manner as a decision of a licensing Board under Subpart G.
However, the decision of the Appeal Board may not be appealed to the Commission under Subpart L.
The Commission will review a decision rendered under Subpart L only on its own motion. The NRC staff need not participate as a party in Subpart L hearings.
Under Subpart L, a hearing does not automatically delay the NRC staff action on the license application, but a party to the hearing can request that licensing be delayed until the hearing is completed.
For a major centested action, such as licensing an enrichment plant, it is likely that a delay l
would be requested and granted if necessary to prevent irreparable injury. A further consideration is that the presiding officer's findings, conclusions, and rulings on matters of fact, law and discretion could provide the basis for placing appropriate conditions and limitations in the license.
I" i
I ,
is f
f QUESTION 3.
What is the difference in antitrust review?
ANSWER.
- . w;,
As in the case with a utilization facility, a uranium enrichment plant i.
licensed under Chapter 10 of the Atomic Energy Act of 1954, as amended, is subject to a prelicensing antitrust review by the Attorney General and the Commission pursuant to Section 105 of the Atomic Energy Act, as amended.
If the Atomic Energy Act were changed to allow a uranium enrichment plant to be licensed as a materials licensee, the facility would not be subject to such a prelicensing antitrust review. Pegardless, no license issued under the Atomic Energy Act confers monopoly status or immunity from any antitrust laws, and any licensee found to be in violation of the antitrust laws is-subject to license revocation or suspension.
f 1
a
I_
i 4
p
~
?
f L,
OVESTION 4 Is there a difference in the requirements for compliance with the National Environmental Policy Act (Environmental j
Impact Statement vs. Environmental Assessment)?
ANSWER.
No.
If the licensing of a uranium facility is determined to constitute a major Federal action significantly affecting the environment under the National Environmental Policy Act (NEPA), an environmental impact statement (EIS) would be required regardless of whether the facility is licensed under 10 CFR Parts 40 and 70 or 10 CFR Part 50. The licensing regime does not alter the character of the Federal action for the purposes of NEPA. We would note that under 10 CFR 51.20(b)(3), the Conrnission has determined that the licensing of an isotopic enrichment plant would require the preparation of an EIS. Although this provision references 10 CFR Part 50, this is simply a reference to the current licensing procedures and should not be read as implying that an enrichment facility licensed under provisions other than 10 CFR Part 50 would not require preparation of an EIS.
W L
j l
QUESTION 5.
With respect to regulation of the facility, is there a difference in-
-the quality assurance procedures that would be required?
i
-operator qualification requirements?
-the frequency and type of inspection?
-emergency planning requirements?
j
-indemnification required or available under the Price-Anderson Act?
-waste management?
-nuclear non-proliferation protection?
-the role of State regulatory authorities?
ANSWER.
1 If a uranium enrichment plant is licensed under 10 CFR. Part 50, the quality assurance procedures would be drawn from appropriate sections of Appendix B to 10 CFR Part 50.
10 CFR Parts 40 and 70 do not contain specific quality
[
assurance requirements, but the NRC staff would impose appropriate quality
)
1 I
assurance requirements by license condition.
]
I l
l-Operator qualifications as to training, experience, and radiation safety i
1:
would remain the same. However, under Chapter 10 of the Atomic Energy Act, t
1
" operators" of production and utilization facilities are required to be
)
l licensed. At the present time, the NRC staff has not identified who such l
i n
r L
I l
QUCSTION5.(CONTINUED),
I
" operators" wauld be in an enrichment plant or what special qualifications, if any, should apply.
.The frequency and type of inspections would be the same regardless of licensing procedure.
Frequency and type of inspection are functions of the
- type of use of licensable material taking place, enforcement history of the r
plant, allegations of safety violations, and availability of inspection k
staff.
The Advanced Notice of Proposed Rulemaking notes that Section 50.47 and Appendix E to 10 CFR Part 50 do not apply to uranium enrichment plants, even if licensed under 10 CFR Part 50. Emergency planning is, however, noted as a
-review plan topic. that must be addressed in uranium enrichment facility licensing. Both 10 CFR Parts 40 and 70 were recently amended to require emergency planning by plants possessing uranium hexafluoride in excess of 50 kilograms in one container, or a demonstration that the maximum intake to a member of the public from a release would not exceed two milligrams of uranium (54 FR 14051). These new requirements would be used for emergency planning for uranium enrichment facility licensing under either 10 CFR Part 50 or 10 CFR Parts 40 and 70.
If licensed as a production facility under Chapter 10 of the Atomic Energy Act, both financial protection and indemnification are required under Section
4
'C, QUESTION 5.
(CONTINUED),
170 of the Act.
If a uranium enrichment facility could be licensed on a materials. basis pursuant to a change to the Atomic Energy Act, financial protection and indemnification would be discretionary with the Comission.
The Comission's implementing rules in 10 CFR Part 140 do not presently provide for financial protection or indemnification of uranium enrichment plants.
Waste management would not differ as a result of any difference in licensing procedure.
Nuclear non-proliferation matters are covered by the Nuclear Nonproliferation Act and the Commission's regulations in 10 CFR Parts 75 and 110, which would apply to a uranium enrichment plant regardless of licensing procedure.
It should also be noted that the physical protection requirements in 10 CFR Part 73 and the material control and accounting requirements of 10 CFR Part 74 (when amended to cover uranium enrichment plants) will also apply regardless of which licensing procedure is used. These latter rules are based on the forms and quantities of special nuclear material possessed.
10 CFR Parts 25 and 95 covering protection of classified information will also apply in either case.
In an Agreement State, the role of State regulatory authorities would be affected in one respect. Under the Senate amendment, an Agreement State would have no regulatory or licensing authority over source material at the uranium enrichment plant, which it would otherwise have under the agreement, l
I e
QUESTION 5. (CONTINUED),
if licensing proceeded under Parts 40 and 70. The amendment would continue present law, which gives the Commission exclusive authority to regulate production and utilization facilities and critical mass quantities of special nuclear material. However, the State, in our view, would retain all its authority regarding regulation of other matters, such as chemical waste disposal, Clean Water Act permitting and nonradiological occupational health and safety. We note that the Commission has authority under Section 274m. of the Atomic Energy Act of 1954, as amended, to withdraw a plant from Agreement State jurisdiction in order to protect Restricted Data or the common defense and security. This authority was exercised with respect to the Allied-Signal uranium hexafluoride conversion plant at Metropolis, Illinois.
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OVESTION 6.
Please describe any other significant differences in the treatment of uranium enrichment facilities that would result from the enactment of the amendment.
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ANSWER.
A uranium enrichment plant licensed under Chapter 10. Section 103, of the Atomic Energy Act is subject to a prohibition on ownership, control, or domination by an alien, a foreign corporation, or a foreign government.
Although information on foreign interests is required from an applicant for a materials license under 10 CFR Part 70, there is no statutory bar to foreign ownership, control, or domination of a materials licensee.
Fo eign interests are, nonetheless, a relevant factor in determining that the issuance of'the materials license is not inimical to the connon defense and security of the United States.
An applicant for a construction permit under 10 CFR Part 50 may not commence construction until the construction pennit is issued. Under 10 CFR Parts 40 and 70, the applicant may not commence construction of the plant before the environmental review is completed, but could commence construction before the safety review is completed.
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,1 OVESTION 7.
What is the Comission's view as to'the impact of any
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differences on the public health and safety?
ANSWER.
The Comission does not discern any differences in.the impact on public health and safety from licensing a uranium enrichment plant as a production.
facility or on a materials basis.
In each case the health, safety, and environmental reviews will be the same.
Emergency planning is unaffected.
. Inspections will not differ in frequency or type. Under the Senate amendment, the role of the State would be the same as if licensed as a production facility. Nuclear materials safeguards and' security would be the same.
Decontamination and decommissioning requirements will be the same regardless of licensing procedure.
10 CFR Parts 40, 50, and 70 contain essentially identical requirements for decomissioning funding during plant operation, decontamination, and temination of license that would be applicable to a 1
uranium enrichment plant licensed after July 27, 1990.
In addition, 10 CFR Part 51 requires a supplemental environmental report, before decomissioning, that addresses the environmental impacts of decomissioning the uraniu;n enrichment plant.
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October 12, 1989 i
The Honorable Kenneth Carr l
Chairman Nuclear Regulatory Commission Washington, D.C. 20555
Dear Mr. Chairman:
1 As you know, S.83 contains a provision that would place the licensing of enrichment facilities under 10 CFR Parts 40 i
and 70, but' not Part 50.
In your letter of April 18, 1989, i
you indicated that 10 CFR Parts 40 and 70 would provide an adequate regulatory framework for licensing enrichment facilities.
J I am enclosing proposed separate legislation that would 1
amend the Atomic Energy Act of 1954 to provide that, except l?
for export, enrichment and related facilities s, hall not be.
considered production or utilization facilities under the Act
. regulated under Part 50.
The effect of.this amendment would be to provide for' licensing of enrichment facilities under Parts 40.and 70.
This proposed language has the same effect as the language of the amendment that passed the Senate July 20, 1989 as section 114 (d) of S.83.
j l-My own view is that enrichment facilities should
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properly be licensed under Parts 40 and 70 of the Commission's regulations and not under Part 50 as the Act t
l currently requires.
The issues that arise in the licensing of.a facility for the enrichment of uranium are primarily p>
those that arise in considering a license proposal for a materials handling facility, not a nuclear. power facility.
Principally, these issues relate to phyFiCal security, nuclear nonproliferation, the handling of classified data and technology, and any safety hazard from contact with the materials.
In the case of a uranium enrichment, the primary I
safety hazard is the chemical hazard posed by the fluorine from the uranium hexafluoride feed material for the facility.
1l.
I understand that the Commission currently regulates uranium processing facilities, which also use uranium hexafluoride, under Parts 40 and 70.
10/23...To OGC for Signature of Chairman...Date due: Nov. 6...OCA to Ack, EDO, RF.. 89-1149.
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-2 Accor ding).y, I am interested in the Commission's views as to whether the proposed legislation I enclose accomplishes my intent to provide for licensing under Parts 40 and 70, but not under Part 50.
I would also like to request the
' Commission's. views on this proposal.
J I would very much appreciate your prompt attention to this matter.
Sin J.
Bennett Jo ton airman JBJ/bsc I
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AMENDMENT NO.
Ex.,
Calendar No.
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Purpose:
To establish procedures for the licensing of uranium L
enrichment facilities by the Nuclear Regulatory Commission.
IN THE SENATE OF THE UNITED STATES 101st Cong.,
lat Session S.
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Referred to the Committee on and ordered to be printed
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Ordered to lie on the table and to be printed Intended to be proposed by Mr. Johnston viz:
Add the following at the end of the bill:
"SEC.
LICENSING OF URANIUM ENRICHMENT FACILITIES.
"The Atomic Energy Act of 1954, as amended, is further amended
" (a) By adding before the period at the end of the definition of the term ' production facility' in section liv. a colon and the-followings 'Provided, however, That as the term is used in chapters 10 and 16 of this Act, other than with respect to export of a uranium H
3 enrichment production facility, it shall not include any equipment or device, or important component part especially designed therefor, capable of separating the isotopes of uranium or enriching uranium in i
the isotope 235';
" (b) By striking the period at the end of section 161b and adding i
the'fo11owing:
't in addition, the Commission shall prescribe such 1
regulations or orders as may be necessary or desirable to promote the
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Nation's common defense and' security with regard to control, ownership or possession of any equipment or device, or important component part-especially designed therefor, capable of separating the isotopes of uranium or enriching uranium in the isotope 235;'t
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" (c) By striking the phrase 'section 103 or 104' in section 41a. (2) and inserting in lieu thereof 'this title'; and
" (d) In section 236 by striking the word 'or' following paragraph (2) and adding after paragraph (3) 'or (4) any uranium enrichment facility licensed by the Commission';
" (e) In section 274c. by adding the following before the semicolon
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ec. the e,td of subparagraph (1) the following: 'or any uranium
'e'nrichnent facility'"
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