ML23004A196
| ML23004A196 | |
| Person / Time | |
|---|---|
| Site: | 07001113 |
| Issue date: | 01/04/2023 |
| From: | Murray S Global Nuclear Fuel |
| To: | Office of Nuclear Material Safety and Safeguards, Document Control Desk |
| References | |
| M230001 | |
| Download: ML23004A196 (1) | |
Text
GN*r Global Nuclear i=uel -=-
Global Nuclear Fuel Scott-P. Murray
_____ -~anager, ~~~~Uce~~~
~ -
3901 Castle Hayne Road P.O. Box780 Wilmington, NG-2s4o2 USA M230001 T (910) 819-5950
_ January 4, 2023 scott.murray@ ge.com Oirector, Offic~ of Nucle._ar Ma~ri&l Safety and Safeguards u.s. Nuclear Regulatory Commission Washington, D.C. 20555-0001- -
ATTN: Document Control Desk
Subject:
_Gio.bal Nuclear- Fuel -Americas (GNF-A) Request for Exemption from Supplemental Environmental Report Timing Requirement of 10 CFR 51.60(a)
References:
- 1) NRC License SNM 1097, Docket 70-1113
- 2) NRC Regulation 10 CFR 51.6 "Specific Exemptions"
- 3) NRC ~egulation 10 CFR 70.17 "Specific Exemptions"
Dear Sir or Madam:
In accordance with 10 CFR 51.6 and 70.17 (References 2 and 3), Global Nuclear Fuel -
Americas (GNF-A) hereby submits a request for an exemption from the timing requirement in 10 CFR 51 :60(a) to allow su~mitting supplemental environmental report' information required by Part 51 separately from and before the remainder of a license amendment request is submitted to the NRC.
The Attachment to this letter provides GNF-A's justification and evaluation criteria for the exemption pursuant to 10 CFR 51.6 and 10 CFR 7().17.
- GNF-A also requests that the NRC perform an expedited review of this exemption request and grant an approval no later than February 15, 2023.
- Please contact me if you have any questions or would like to discuss this matter further.
- ~e~l!J~
Facility Licensing _ , *
Attachment:
Technicar Justification for 1o CFR 51.60(a) Exemption Request Cc: J. Rowley, USNRC/NMSS/DFM/FFLB J. Rivera, USNRC[RII/DFFI SPM 23-001
US NRC M230001 January 4, 2023 Page 1 of 4 Attachment Technical Justification for 10 CFR 51.60(a) Exemption Request
Background
Global Nuclear Fuel - Americas, L.L.C. (GNF-A) operates a nuclear fuel manufacturing facility located in Wilmington, North Carolina. A current NRC Special Nuclear Material License (SNM-1097, Docket 70-1113) has been issued pursuant to 10 CFR Part 70 Domestic Licensing of Special Nuclear Material based on a renewal application that authorizes the use of low-enriched uranium up to 5 weight percent U-235 to produce light-water reactor fuel and uranium dioxide powder.
GNF-A submitted the SNM-1097 license renewal application in 2007 in general accordance with NUREG - 1520, Standard Review Plan for Fuel Cycle Facilities License Applications. As part of the license renewal process, GNF-A provided NRC an Environmental Report Supplement dated March 30, 2007 (ML071000137). NRC Division of Waste Management and Environmental Protection reviewed this information and issued an Environmental Assessment (ML0911180239) on May 14, 2009, in support of the proposed license renewal. This assessment was summarized and published in the Federal Register on May 19, 2009 (Vol. 74, No. 95). The assessment summary stated that all the environmental impacts associated with the renewal were small-to-moderate.
As described in GNF-As letter of intent dated October 19, 2021 (ML21292A180), GE Hitachi Nuclear Energy Americas LLC (GEH), TerraPower LLC and GNF-A have partnered on a project to produce advanced nuclear reactor fuel technologies with enrichment limits up to 20 wt. % U-235 supporting TerraPowers award under the Department of Energys Advanced Reactor Demonstration Program (ARDP - Cooperative Agreement No. DE-NE0009054) for a Natrium sodium fast demonstration reactor. As a part of this project, GNF-A plans to design, license and construct a new standalone Natrium Fuel Fabrication Facility (NFFF) within an existing controlled access area. Two key milestones for the NFFF are the submittal of license amendment request documents and NRC authorization to begin construction.
The requirements to amend an existing license are specified in 10 CFR 70.34. The requirements for new facilities or new processes at existing facilities are specified in 10 CFR 70.64 and 10 CFR 70.72.
GNF-A is currently in the process of developing a detailed license amendment request for the NFFF; however, due to schedule requirements, it is our intent to begin construction activities in the fall of 2023. The preparation of the license amendment request is tracking slightly behind the supplemental environmental report information.
The GNF-A NFFF license amendment request documents that will be submitted pursuant to10 CFR 70.34 Amendment of Licenses are on track to be completed and ready to submit to the NRC by the end of October 2023. The site-specific supplemental environmental information activities are nearing completion and are scheduled to be submitted by mid-February 2023.
US NRC M230001 January 4, 2023 Page 2 of 4 GNF-A specifically requests that an exemption be granted from 10 CFR 51.60(a) such that the supplemental environmental report information can be submitted to the NRC for review approximately 8 months prior to the submittal of the safety and safeguards portions of the amendment request. The exemption and subsequent NRC review would allow GNF-A to initiate construction activities of the 10 CFR Part 70 components of the NFFF even if the 10 CFR 51.60 timing requirement is not met. GNF-As understanding is that the NRC can begin its review of the supplemental environmental information and preparation of an Environmental Assessment (EA) to allow construction activities to begin in the fall of 2023.
The basis for this exemption request is provided below.
Regulatory Requirements 10 CFR 51.60(a), Environmental Report - Materials Licensees, states in part, Each applicant for a license or other form of permission, or an amendment to, or renewal of a license or other form of permission issued pursuant to parts 30, 32, 33, 34, 35, 36, 39, 40, 61, 70 and/or 72 of this chapter, and covered by paragraphs (b)(1) through (b)(5) of this section, shall submit with its application.a separate document, entitled "Applicant's Environmental Report" or "Supplement to Applicant's Environmental Report," as appropriate.
10 CFR 51.6, Specific Exemptions, states The Commission may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and are otherwise in the public interest.
Part 70.17, Specific exemptions, states (a) The Commission may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.
Technical Justification Authorized by Law The scope of 10 CFR 51 implements Section 102(2) of the National Environmental Policy Act (NEPA) of 1969, as amended and contains environmental protection regulations applicable to NRCs domestic licensing and related regulatory functions. The proposed exemption would allow for the NRC to begin the review of the supplemental environmental report information while the safety and safeguards portions of the license amendment are completed. NRC review of the supplemental environmental report information and the safety and safeguards portions of the amendment request are typically scheduled in parallel. The proposed exemption would allow for the start of the reviews to be staggered for a few months. The review of the safety and safeguards portion of the amendment request is a separate and distinct activity from the review of the supplemental environmental information. The Part 51.60 requirements will be met in full through submittal of supplemental environmental information to allow NRCs preparation of an Environmental Assessment. A licensing decision will not be made by the NRC on GNF-As request to possess higher enriched special nuclear material and operate the NFFF facility under 10 CFR 70 until after the NRC has completed a review of the
US NRC M230001 January 4, 2023 Page 3 of 4 supplemental environmental information, the license amendment request and supporting documents, and the appropriate regulatory findings are made. Granting of the proposed exemption which relates to the timing of the submittals will not result in a violation of the Atomic Energy Act of 1954, as amended, or the NRCs regulations. Therefore, the exemption is authorized by law.
Will Not Endanger Life or Property or the Common Defense and Security Since the exemption request relates to the timing of when environmental information documents are submitted and thus when reviews may begin, it would not endanger life or property and does not:
(a) impact the probabilities of evaluated accidents; (b) affect margins of safety; (c) affect effectiveness of programs contained in licensing documents; (d) increase effluents; (e) increase occupational radiological exposures; or (f) impact operations or decommissioning activities.
The proposed exemption also will not have an impact on common defense and security since the exemption only relates to the timing of when environmental information and license amendment documents are submitted and thus when reviews may begin.
Otherwise In the Public Interest The purpose of the NFFF facility is to produce fuel products to support an advanced reactor being sponsored by the Department of Energy (DOE) and licensed by a private company.
Advanced reactors are being designed to provide clean, reliable energy and provide a viable alternative to the aging, economically challenged, existing nuclear and fossil reactor fleets.
According to the January 2021 Strategic Vision report published by the DOE Office of Nuclear Energy (DOE NE), the U.S. fleet of nuclear power plants supplies approximately 20 percent of the electricity generated in the United States, while avoiding millions of tons of carbon dioxide emissions each year. Nuclear power is the largest source of clean, carbon-free energy and the most reliable, operating at a capacity factor of more than 93 percent. Four of the five goals cited in DOE NE Strategic Vision report include enabling continued operation of existing U.S.
nuclear reactors, enabling deployment of advanced nuclear reactors, developing advanced nuclear fuel cycles to include addressing gaps in the domestic nuclear fuel supply chain, and maintaining U.S. leadership in nuclear energy technology.
Also in the DOE NE Strategic Vision report, one of the performance indicators cited is to demonstrate U.S. advanced reactor designs through cost-shared partnerships with industry.
The ARDP, managed by DOE NE, is designed to help domestic private industry demonstrate advanced nuclear reactors in the U.S. These advanced nuclear energy systems hold great potential to lower emissions, create new jobs, and build a strong economy. In October 2020 under the ARDP, the DOE selected TerraPower to deliver a commercial version of a sodium fast reactor with an innovative energy storage system that enables more flexible operations with renewable generation.
Additionally, as part of the bipartisan Infrastructure Investment and Jobs Act that was signed into law in November 2021, the ADRP was fully funded to help domestic private industry demonstrate U.S. advanced nuclear reactor designs through cost-shared partnerships with industry.
US NRC M230001 January 4, 2023 Page 4 of 4 The granting of the proposed exemption to allow a staggered start to NRC reviews of the safety and safeguards and the environmental portions of the application by a few months will support the NFFF schedule goal of bringing its fuel fabrication facility online in 2025, contributing to the development of a domestic ARDP reactor and ultimately toward improving the overall economic outlook for the U.S. nuclear power industry.
Environmental Evaluation The granting of the proposed exemption will not have a significant effect on the quality of the human environment as it is procedural in nature and relates to the timing of the submittals of the supplemental environmental report information and the safety and safeguards portions of the amendment request.
The proposed exemption request meets the criteria in 10 CFR 51.22(c)(25) for a licensing action that is categorically excluded from an environmental assessment because the granting of this exemption:
(1) Neither involves a significant reduction in the margin of safety nor creates a possibility of an accident, thus resulting in no significant hazards consideration; (2) would not result in the release of effluents, thus resulting in no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (3) neither introduces new radiological hazards nor increases existing radiological hazards, thus resulting in no significant increase in individual or cumulative public or occupational radiation exposure; (4) would not involve construction, thus resulting in no significant construction impact; (5) would occur prior to any radiological components being in place at the facility and would not create any new accident precursors, thus resulting in no significant increase in the potential for or consequences from radiological accidents; and (6) would allow the submission of the required supplemental environmental report information, to be provided approximately 8 months prior to the remainder of the license amendment submittal, which is related to a scheduling requirement and is administrative in nature in accordance with 10 CFR 51.22(c)(25)(G) and (I), respectively.
Conclusion GNF-A is requesting an exemption from requirements in 10 CFR 51.60(a) Environmental Report - Materials Licenses to submit the supplemental environmental report information required by 10 CFR 51 separately from and approximately 8 months before the remainder of the license amendment request is submitted to the NRC. Approval of this proposed exemption is warranted since it will not endanger life or property or the common defense and security and are otherwise in the public interest per 10 CFR 51.6 and 10 CFR 70.17 as evaluated above.
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