ML060960465

Cornell University, License Amendment, Removing Authorization to Possess Fuel for Ward Center for Nuclear Studies at Cornell University Zero Power Reactor, MC0212

ML060960465
Person / Time
Site:	05000097
Issue date:	06/06/2006
From:	Hughes D NRC/NRR/ADRA/DPR/PRTA
To:	Fay C Cornell Univ
Hughes D, NRR/DPR/PRT, 301-415-1631
References
TAC MC0212
Download: ML060960465 (18)

Text

June 6, 2006Dr. Charles R. FayVice Provost for Research Administration Cornell University 314 Day Hall Ithaca, NY 14853-2801

SUBJECT:

ISSUANCE OF LICENSE AMENDMENT NO. 7 REMOVING AUTHORIZATIONTO POSSESS FUEL FOR WARD CENTER FOR NUCLEAR STUDIES ATCORNELL UNIVERSITY ZERO POWER REACTOR (TAC NO. MC0212)

Dear Dr. Fay:

In accordance to your request of January 19, 2006, as supplemented March 27, 2006, theCommission has issued the enclosed Amendment No. 7 to Facility Operating License for theZero Power Reactor (ZPR), Docket No. 50-97, License No. R-89.The amendment removes authorization to possess special nuclear material, and makeschanges to the Technical Specifications (TS) in order to structure the administrative TS's to support the future decommissioning of the Ward Center for Nuclear Studies (WCNS).A copy of the related safety evaluation supporting Amendment No. 7 is also enclosed.Sincerely,/RA/

Daniel E. Hughes, Project ManagerResearch and Test Reactor Branch Division of Policy and Rulemaking Office of Nuclear Reactor RegulationDocket No. 50-97

Enclosures:

1. Amendment No. 72. Safety Evaluationcc w/enclosures: Please see next page Cornell UniversityDocket Nos. 50-157/97 cc:

Dr. Joseph Burns, Vice Provost for Physical Sciences and Engineering Cornell University 314 Day Hall Ithaca, NY 14853-2801Barbara YoungbergChief, Radiation Section NYS Dept. of Environmental Conservation 625 Broadway Albany, NY 12233-7255Mr. Howard C. AderholdWard Center for Nuclear Sciences Cornell University 105 Ward Laboratory Ithaca, NY 14853Mr. John P. SpathNYS Energy Research and Development Authority 17 Columbia Circle Albany, NY 12203-6399Mr. Thomas McGiff, RSO125 Humphreys Service Building Ithaca, NY 14853Steve Beyers, P.E.Cornell Decommission Project Manager Cornell University Environmental Compliance Offices 129 Humphreys Service Building Ithaca, NY 14853Dr. William VernetsonDirector of Nuclear Facilities Department of Nuclear Engineering Sciences University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611 June 6, 2006Dr. Charles R. FayVice Provost for Research Administration Cornell University 314 Day Hall Ithaca, NY 14853-2801

SUBJECT:

ISSUANCE OF LICENSE AMENDMENT NO. 7 REMOVING AUTHORIZATIONTO POSSESS FUEL FOR WARD CENTER FOR NUCLEAR STUDIES ATCORNELL UNIVERSITY ZERO POWER REACTOR (TAC NO. MC0212)

Dear Dr. Fay:

In accordance to your request of January 19, 2006, as supplemented March 27, 2006, theCommission has issued the enclosed Amendment No. 7 to Facility Operating License for theZero Power Reactor (ZPR), Docket No. 50-97, License No. R-89.The amendment removes authorization to possess special nuclear material, and makeschanges to the Technical Specifications (TS) in order to structure the administrative TS's to support the future decommissioning of the Ward Center for Nuclear Studies (WCNS).A copy of the related safety evaluation supporting Amendment No. 7 is also enclosed.Sincerely,/RA/Daniel E. Hughes, Project ManagerResearch and Test Reactor Branch Division of Policy and Rulemaking Office of Nuclear Reactor RegulationDocket No. 50-97

Enclosures:

1. Amendment No. 72. Safety Evaluationcc w/enclosures: Please see next pageDISTRIBUTION

PUBLICPRT/R&TR r/fBThomasAAdamsCBassettPDoyleTDragounWEresianDHarrisonDHughesEHyltonPIsaac MMendoncaJQuichochoWSchusterMVothOGC KWittPYoungWKennedyGHill (2)CGrimesHNiehADAMS ACCESSION NO: ML060960465TEMPLATE No.: NRR-056OFFICERNRP:PMRNRP:LAOGCRNRP:BCNAMEDHughes*EHylton:tls*SUttal*BThomas:tls*DATE6/1/20064/25 /20066/1/20066/6/2006OFFICIAL RECORD COPY CORNELL UNIVERSITY ZERO POWER REACTORDOCKET NO. 50-97AMENDMENT TO FACILITY OPERATING LICENSEAmendment No. 7License No. R-891.The U.S. Nuclear Regulatory Commission (the Commission) has found that:A.The application for an amendment to Facility Operating License No. R-89 filed bythe Cornell University (the licensee) on January 19, 2006, as supplemented March 27, 2006, conforms to the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the regulations of the Commission as stated in Chapter I of Title 10 of the Code of Federal Regulations (10 CFR);B.The facility will be possessed, but not operated, in conformity with the application,the provisions of the Act, and the rules and regulations of the Commission;C.There is reasonable assurance that (i) the activities authorized by this amendmentcan be conducted without endangering the health and safety of the public and (ii) such activities will be conducted in compliance with the regulations of theCommission;D.The issuance of this amendment will not be inimical to the common defense andsecurity or to the health and safety of the public; E.This amendment is issued in accordance with the regulations of the Commission asstated in 10 CFR Part 51, and all applicable requirements have been satisfied; and F.Prior notice of this amendment was not required by 10 CFR 2.105, and publicationof notice for this amendment is not required by 10 CFR 2.106. 2.Accordingly, the license is amended by changes to the following paragraphs which arehereby amended to read as follows:1.B.The facility will be possessed, but not operated, in conformity with theapplication, the provisions of the Act, and the rules and regulations of the Commission;1.H.The possession and disposal of byproduct material, as authorized by thislicense, will be in accordance with the Commission's regulations in 10 CFR 30.2.B.3Pursuant to the Act and 10 CFR Part 30, "Rules of General Applicability toLicensing of Byproduct Material" at the Reactor Facility, to possess, but notseparate, such byproduct materials as may have been produced by operation of the reactor prior to its permanent shutdown.2.C.2Technical SpecificationsThe Technical Specifications contained in Appendix A, as revised throughAmendment No. 7, are hereby incorporated in the license. The licensee shall possess and decommission the facility in accordance with the TechnicalSpecifications.3.Accordingly, the license is amended by deleting paragraphs 2.B.2 and 2.B.4.4.This license amendment is effective as of the date of its issuance.FOR THE NUCLEAR REGULATORY COMMISSION/RA/Brian E. Thomas, Branch ChiefResearch and Test Reactors Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation

Enclosures:

Appendix A, TechnicalSpecifications ChangesDate of Issuance: June 1, 2006 ENCLOSURE TO LICENSE AMENDMENT NO. 7FACILITY OPERATING LICENSE NO. R-89DOCKET NO. 50-97Replace the following pages of Appendix A, Technical Specifications, with the enclosed pages. The revised pages are identified by amendment number and contain vertical lines indicating the areas of change.RemoveInsertTable of ContentsTable of Contents 55 66 77 88 99 1010 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATIONSUPPORTING AMENDMENT NO. 7 TOFACILITY OPERATING LICENSE NO. R-89CORNELL UNIVERSITYZERO POWER REACTOR DOCKET NO. 50-9

71.0INTRODUCTION

By letter dated January 19, 2006, as supplemented March 27, 2006, Cornell University (thelicensee) submitted a request for amendment of Facility Operating License No. R-89 for theCornell University Ward Center for Nuclear Studies (WCNS) Zero Power Reactor (ZPR). The requested changes removes authorization from the license to possess special nuclear and source material, and modifies the Technical Specifications (TS) for support of the future decommissioning of WCNS.2.0EVALUATIONThe ZPR ceased operations in 1996. With Amendment No. 4 to Facility Operating License No.R-89, the authorization to operate the ZPR was removed. Following the removal of the ZPR fuel,this reactor was partially disassembled. The ZPR fuel was returned to the U. S. Department of Energy (DOE) in April 28, 2000. Previously, on June 18, 1997, source material was shipped to DOE. A Decommissioning Plan (DP) for the WCNS (ref. 1), that includes the decommissioning of both the ZPR and the WCNS TRIGA Reactor, is currently being reviewed by the Commission.

The licensee requested an amendment to withdraw authorization to receive and to possess Special Nuclear Material (SNM) and to possess source material, and to make TS changes to support the future decommissioning of WCNS. It is intended that this amendment be issued concurrently with: *an amendment No. 8 to Facility Operating License No. R-89 approving the DP of theWCNS,*an amendment No. 14 to Facility Operating License No. R-80 approving thedecommissioning plan DP of the WCNS, and*an amendment No. 13 to Facility Operating License No. R-80 removing the authorizationto operate the WCNS TRIGA reactor and possess SNM. Upon approval of the Decommissioning Plan by the Commission, the licensee stated that itintends to aggressively pursue the completion of decommissioning activities while experienced personnel are still available to facilitate its implementation.Eliminate Possession of Special Nuclear and Source MaterialThe licensee has requested the elimination of license conditions 2.B.2 and 2.B.4 for thepossession and use of uranium enriched in the isotope uranium 235 and to receive, possess, and store source material in the form of contained natural uranium in PWR fuel rods. All reactor fuel elements as special nuclear material and source material licensed under Facility OperatingLicense No. R-89 have been returned to the DOE. The subject license conditions currently read: 2.B.2Pursuant to the Act and 10 CFR Part 70, "Domestic Licensing of Special NuclearMaterial," to possess up to 40.0 kilograms of uranium 235 contained in uranium enriched in the isotope uranium 235. 2.B.4Pursuant to the Act and Title 10 CFR Part 40, "Domestic Licensing of Source Material," toreceive, possess and store 1365 kilograms of contained natural uranium in the form of 800 PWR fuel rods in accordance with procedures described in the application for amendment dated March 8, 1968.In addition license condition 2.B.3 will be modified to remove reference to Part 70 and specialnuclear material. It is modified to read:2.B.3 Pursuant to the Act and 10 CFR Part 30, "Rules of General Applicability to Licensing ofByproduct Material" at the Reactor Facility, to possess, but not separate, such byproductmaterials as may have been produced by operation of the reactor prior to its permanent shutdown.The licensee provided certification that all special nuclear material and source material has beenreturned to the DOE, the staff finds these changes to license conditions acceptable. Current license conditions 2.B.2 and 2.B.4 are deleted from Facility Operating License No. R-89 and2.B.3 is modified as stated.Changes to Appendix A of Facility License No. R-89In support of the WCNS DP, and the amendments approving that DP, the licensee, onJanuary 19, 2006, submitted changes to Appendix A of Facility Operating License No. R-89. Those changes were requested to bring alignment between the Administrative Controls section of Appendix A of the license for the WCNS ZPR, R-89, Administrative Controls section of Appendix A of the license for the WCNS TRIGA reactor, R-80, and the administrative plans as stated in the WCNS DP. Changes to the Organizational Structure:

The staff has reviewed the changes to the management and organizational structures thatincludes the makeup and the specific responsibilities of the Cornell Decommissioning andDecontamination (D and D) Oversight Committee. Before these changes, the management organization and the Ward Center Safety Committee were structured to manage and provideoversight and audit for an operational reactor as opposed to the present permanently shutdowndecommissioning reactor. The staff finds that with the changes the management and the CornellD and D Oversight Committee will be better suited to oversee all decommissioning activitiesconducted by the decommissioning contractor, including the review and approval of changes to the facility and of decommissioning related plans and procedures, and in accordance with theWCNS DP and the regulations.The specific changes and evaluation of those changes follow:

TS 6.0 Administrative ControlsTS 6.1 Organization and Responsibilities of Pers onnelTSs 6.1 b), c), g), and h) and the Organizational Chart were modified by the licensee to specifythe new organizational structure to be used during the D and D of the Cornell ZPR and the WCNS. This structure is delineated in the WCNS DP. The new administrative and oversight organizational structure is better suited to manage D and D activities as opposed to operating a reactor. The staff finds the changes acceptable.TS 6.1 d) and e) were removed by the licensee to specify the new organizational structure to beused during the D and D of the Cornell ZPR and the WCNS. This structure is delineated in the WCNS DP. The positions that were described in the deleted sections are not required for a permanently shutdown and decommissioning reactor. The staff finds the changes acceptable.TS 6.2 Review and AuditTSs 6.2 a), c), and f) were modified by the licensee to specify the new organizational structure tobe used during the D and D of the Cornell ZPR and the WCNS. This structure is delineated in the WCNS DP. With this change, members of the Cornell D and D Oversight Committee shall be selected for the skills and expertise needed for oversight and audit of Decommissioningactivities as opposed to those that were needed for an operational reactor. The staff finds the changes acceptable.TS 6.3ProceduresTSs 6.3 a) and b) were modified by the licensee to specify the new organizational structure to beused during the Decommissioning and Decontamination of the Cornell ZPR and the WCNS. This structure is delineated in the WCNS DP. The staff finds the changes acceptable.TS 6.4Emergency Plan and ProceduresThis TS was modified by the licensee to specify the new organizational structure to be usedduring the D and D of the Cornell ZPR and the WCNS. This structure is delineated in the WCNS DP. The changes are being made to reflect the new name of the Cornell D and D Oversight Committee. The staff finds the changes acceptable.TS 6.6Action To Be Taken In The Event A Reportable OccurrenceThis TS was modified by the licensee to specify the new organizational structure to be usedduring the D and D of the Cornell ZPR and the WCNS. This structure is delineated in the WCNS DP. The changes are being made to reflect the new name of the Cornell D and D OversightCommittee. The staff finds the changes acceptable.

Conclusions Concerning Appendix A of License No. R-89The staff has reviewed and approved the above changes to the technical specifications contained in the referenced license.*Removal of Authority to Possess Fuel: The licensee has requested that the authority topossess fuel be removed from R-89. As discussed in § 2.0 of this SE, the fuel assemblies that once supported reactor operations has been offloaded and removed from the site. In addition, the licensee stated in the supplement of March 27, 2006, that the source materialin the form of contained PWR fuel rods was shipped to the DOE. Since the material was removed from the site the staff has reviewed and accepted the changes to the referenced license.*Changes to the Organizational Structure: The staff has reviewed and accepted thechanges to the management and organizational structures that includes specific responsibilities that will be administered by the Cornell D and D Oversight Committee. These changes reflect the change in the activities at the WCNS from reactor operations to possession and decommissioning. As such, the staff has determined that the project management structure for the decommissioning of the WCNS, which includes the ZPR, is consistent with the guidance on the role and composition of the facility safety committeeprovided in Appendix 17.1 of NUREG-1537.

3.0ENVIRONMENTAL CONSIDERATION

This amendment involves changes in the category of recordkeeping, reporting, and administrativeprocedures and requirements. Accordingly, this amendment meets the eligibility criteria forcategorical exclusion set forth in 10 CFR 51.22(c)(10). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment is required to be prepared with the issuance of this amendment.

4.0CONCLUSION

The staff has concluded, on the basis of the considerations discussed above, that (1) becausethe amendment does not involve a significant increase in the probability or consequences ofaccidents previously evaluated, or create the possibility of a new or different kind of accident fromany accident previously evaluated, and does not involve a significant reduction in a margin of safety, the amendment does not involve a significant hazards consideration; (2) there isreasonable assurance that the health and safety of the public will not be endangered by theproposed changes; and (3) such changes are in compliance with the Commission's regulations and the issuance of this amendment will not be inimical to the common defense and security orthe health and safety of the public.

5.0REFERENCES

4.Cornell University. Decommissioning Plan for the Ward Center for Nuclear Studies atCornell University, Rev. 1, as supplemented, July 2003.Principal Contributor: Daniel Hughes Date: June 6, 2006