ML25252A024
| ML25252A024 | |
| Person / Time | |
|---|---|
| Issue date: | 09/15/2025 |
| From: | Shana Helton Division of Fuel Management |
| To: | Adams J US Dept of Commerce, National Institute of Standards & Technology (NIST) |
| Shared Package | |
| ML25252A023 | List: |
| References | |
| Download: ML25252A024 (1) | |
Text
September 15, 2025 Dr. James Adams, Director National Institute of Standards and Technology NIST Center for Neutron Research U.S. Department of Commerce 100 Bureau Drive, Mail Stop 8461 Gaithersburg, MD 20899-8461
SUBJECT:
REQUEST FOR RELIEF/EXTENSION FOR TITLE 10 OF THE CODE OF FEDERAL REGATULATIONS 74.13(a) AND 74.19(c)
Dear Mr. Adams:
This letter provides the U.S. Nuclear Regulatory Commission (NRC) response to your request for relief from requirements in Title 10 of the Code of Federal Regulations (10 CFR) Part 74, for the filing of certain reports to the NRC.
BACKGROUND By email dated August 22, 2025 (Agencywide Documents Access and Management System
[ADAMS] Accession No. ML25252A025), the licensee, National Institute of Standards and Technology (NIST) requested an extension for the filing of the Material Status Report for the facility, reporting as identification symbol (RIS code) YBC. As required by 10 CFR 74.13(a),
Material status reports, these reports are to be submitted within 60 calendar days of the beginning of the physical inventory. YBC is scheduled to submit a Material Balance Report to the Nuclear Materials Management and Safeguards System (NMMSS) dated with inventory period ending on September 23, 2025. YBC has informed the NRC that due to ongoing maintenance and improvements to the confinement system, they are unable to move the fuel from storage racks to verify serial numbers as required for inventory taking. As such, NIST has requested an extension to submit their Material Balance Report for an inventory period ending January 31, 2026.
DISCUSSION The regulations in 10 CFR 74.13(a) state that The Commission may permit a licensee to submit the reports at other times for good cause. The NRC staff has reviewed this request and finds that the licensee has demonstrated sufficient justification to conduct physical inventory, and submit the required Material Balance Report to NMMSS, for a period ending January 31, 2026.
If YBC does not believe it can meet the new date, YBC shall contact the NRC as soon as possible and request a specific exemption from reporting inventory, as described under 10 CFR 74.7. Failure to receive an exemption prior to January 31, 2026, may result in noncompliance with 10 CFR 74.13(a) and 74.19(c).
J. Adams 2
The NRC Enforcement Policy (ML19352E921) allows for the exercise of enforcement discretion under certain circumstances.
In accordance with 10 CFR Part 2, Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room (PDR) or from the Publicly Available Records component of the NRCs ADAMS. ADAMS is accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html. The PDR is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m.
eastern time (ET), Monday through Friday, except Federal holidays.
Sincerely, Shana Helton, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards Signed by Helton, Shana on 09/15/25
ML25252A023(pkg), ML25252A024(ltr),
ML25252A025(email)
OFFICE NMSS/DFM NMSS/DFM NMSS/DFM NAME MShoemaker DJackson SHelton DATE 09/09/2025 09/10/2025 09/15/2025