ML24255A070
| ML24255A070 | |
| Person / Time | |
|---|---|
| Site: | Nuclear Energy Institute |
| Issue date: | 09/09/2024 |
| From: | Uhle J Nuclear Energy Institute |
| To: | Mirela Gavrilas NRC/EDO |
| References | |
| Download: ML24255A070 (1) | |
Text
Dr. Jennifer Uhle Vice President Phone: 202.247.5717 Email: jlu@nei.org September 9, 2024 Dr. Mirela Gavrilas Executive Director for Operations U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
Subject:
Uncertainty Surrounding Staff Position Regarding Buildings as Items Relied on for Safety at Fuel Cycle Facilities Licensed Under 10 CFR Part 70, Domestic Licensing of Special Nuclear Material Project Number: 689
Dear Dr. Gavrilas:
The Nuclear Energy Institute (NEI),1 on behalf of its fuel cycle facility members, is writing to request the timely resolution of an issue pertaining to the nations fuel cycle facilities that has the potential to delay the expansion of the domestic supply of commercial nuclear fuel.
In a letter to the NRC on May 23, 2024,2 NEI raised a concern with a position recently taken by the NRC staff that newly constructed facilities housing special nuclear material be classified as items relied on for safety (IROFS) in the Integrated Safety Analyses (ISA) required under 10 CFR Part 70. The NRC and industry discussed this issue in a public and closed meeting on June 27, 2024, during which the NRC staff indicated that a formal response to the letter could take several more months. As of the date of this letter, we have not received a response.
The federal ban on Russian uranium imports signed into law on May 14, 2024,3 unlocked $2.72 billion in federal funding to expand the domestic supply of low enriched uranium (LEU) and high assay LEU. This large investment reflects widespread federal support for maintaining a stable fuel supply for the nations operating nuclear power plants and the future fleet of advanced reactors. In June 2024, the Department of 1 The Nuclear Energy Institute (NEI) is responsible for establishing unified policy on behalf of its members relating to matters affecting the nuclear energy industry, including the regulatory aspects of generic operational and technical issues. NEIs members include entities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect and engineering firms, fuel cycle facilities, nuclear materials licensees, and other organizations involved in the nuclear energy industry.
2 ML24159A731 3 Prohibiting Russian Uranium Imports Act
Dr. Mirela Gavrilas September 9, 2024 Page 2 Nuclear Energy Institute Energy issued a request for procurement to establish contracts to support this expansion. However, before construction of new facilities or modifications to existing facilities can begin, NRC licensing is required.
To this end, the NRC has already docketed an application for a new facility, but uncertainty surrounding the staffs position on IROFS has slowed progress. Due to the important role nuclear power plays in meeting the nations carbon reduction and energy reliability and security goals, we request timely resolution of this issue. Failure to resolve this issue in a timely manner may delay the plans of other organizations seeking to build new or modify existing fuel cycle facilities and inhibit the NRC from satisfying the requirements of Section 3131 of the Nuclear Defense Authorization Act,4 which directs the NRC to prioritize and expedite consideration of any action related to the Programs [support increased domestic production of low-enriched uranium and accelerate efforts to establish a domestic high assay, low-enriched uranium enrichment capability]. Without this additional capacity, smoothly transitioning off Russian uranium while expanding nuclear energy may be impeded.
Thank you for your attention to this important matter and please feel free to contact me or Greg Core at gmc@nei.org to continue this discussion.
Sincerely, Jennifer Uhle C:
Carrie Safford, SECY Brooke P. Clark, General Counsel John Lubinski, NMSS Shana Helton, NMSS/DFM Mike King, Office of the EDO Laura Dudes, Regional Administrator, RII Omar Lopez-Santiago, RII/DFFI Nicole Coovert, RII/DCO NRC Document Control Desk 4 The Nuclear Fuel Security Act of 2023 was included in the Nuclear Defense Authorization Act of 2024.