[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Notices]
[Pages 69056-69059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24985]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-184; NRC-2022-0194]
National Institute of Standards and Technology; National Bureau
of Standards Test Reactor
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to comment, request
a hearing, and petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission)
is considering issuance of an amendment to Renewed Facility Operating
License No. TR-5, issued to the U.S. Department of Commerce, National
Institute of Standards and Technology (NIST), for operation of the
National Bureau of Standards test reactor (NBSR). The proposed
amendment would revise the NBSR Safety Analysis Report (SAR) to allow
reactor operation with the debris that remains in the reactor primary
coolant system from the February 3, 2021, fuel damage event and after
the subsequent cleaning operations. The proposed amendment would not
authorize the restart of the NBSR.
DATES: Submit comments by December 19, 2022. Requests for a hearing or
petitions for leave to intervene must be filed by January 17, 2023.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0194. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individual listed in the For Further Information
Contact section of this document.
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Patrick Boyle, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3936; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2022-0194 when contacting the NRC
about the availability of information for this action. You may obtain
publicly available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0194.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The license amendment request dated
October 19, 2022, is available in ADAMS under Accession No.
ML22293B808.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday,
except Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2022-0194 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Introduction
The NRC is considering issuance of an amendment to Renewed Facility
Operating License No. TR-5, issued to
[[Page 69057]]
NIST, for operation of the NBSR, located in Montgomery County, MD.
The proposed license amendment would revise the NBSR SAR to allow
reactor operation with the debris that remains in the reactor primary
coolant system from the February 3, 2021, fuel damage event and after
the subsequent cleaning operations. NIST stated that its calculations
determined that the maximum possible quantity of debris in the system
was initially 66 grams and that not all of this debris had been removed
via the cleaning operations of retrieval and filtering. To operate with
the remaining debris in the system, NIST proposed changes to Chapter 5,
``Reactor Coolant Systems,'' and Chapter 11, ``Radiation Protection and
Waste Management,'' of the SAR. Specifically, Section 5.2.2.4.4 would
be added to the SAR to address the impact of the remaining debris on
the primary system pumps, valves, piping, heat exchangers, and
instrumentation and Section 11.1.1.4.3.1 would be added to the SAR to
address the potential impact of small amounts of debris remaining in
the reactor on the fission product monitor and other effluent monitors.
The proposed license amendment would not authorize the restart of the
NBSR.
Before any issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations.
The NRC has made a proposed determination that the license
amendment request involves no significant hazards consideration. Under
the NRC's regulations in Sec. 50.92 of title 10 of the Code of Federal
Regulations (10 CFR), this means that operation of the facility in
accordance with the proposed amendment would not (1) involve a
significant increase in the probability or consequences of an accident
previously evaluated; or (2) create the possibility of a new or
different kind of accident from any accident previously evaluated; or
(3) involve a significant reduction in a margin of safety. As required
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue
of no significant hazards consideration, which is presented below:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
None of the accidents analyzed in the FSAR would be more than
minimally affected by the presence of fuel particles in the primary
system, as (a) the mass and size of fuel material is too
insignificant to cause any reactivity effects in the reactor, cause
flow blockage effects in the system, or limit mechanical devices
(i.e. shim arms) if it were to be dislodged and (b) the presence of
this material has no effect on normal operating parameters. Only two
accidents analyzed in Chapter 13 of the [SAR] show results of
release of radioactivity: the loss of coolant accident (LOCA) and
the maximum hypothetical accident (MHA). The presence of fission
products in the primary system has no effect on the consequences of
any of the other accidents analyzed.
The MHA considers melting of an entire 8-cycle fuel element. The
addition of-at most-a few grams of fuel would be insignificant in
comparison. Both the MHA and LOCA accidents result in a total dose
of less than 6.5 mrem at the site boundary. By contrast, it is
estimated that the presence of the largest piece of remaining fuel
material being lodged in the core (which is too large to be carried
into the core by normal primary flow velocities) would result in a
site boundary dose being at most 0.13 mrem/day, which also
conservatively assumes the reactor continues to operate. Thus, there
is no more than a minimal increase in the consequences of accidents
previously analyzed.
Also, once a LOCA occurs it makes no significant difference if
the fission products are laid out on the floor of the process room
(submerged in the heavily tritiated primary water) or held in the
plumbing. The dose effects of the fission products are insignificant
compared to the dose effects of the heavy water that is exposed via
the LOCA.
Calculations have shown that that debris larger than 0.093
[inches] will not be transported into the core with the liquid
velocity range present in the NBSR inlet and outlet plena leading to
the core. Smaller particles have been largely removed by filtration.
Thus, remaining debris in the primary system is unlikely to be
dislodged into the core.
Therefore, the proposed [SAR] amendment allowing operation with
debris in the primary system will not involve a significant increase
in the probability or consequences of an accident previously
evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
Because of the limited amount and size of material present in
the primary system and the limited primary flow velocity, there is
no credible scenario whereby the release of material present in the
primary system would cause significant flow blockage, mechanical
interference, heating, or reactivity effects. Any introduction of
the small amount of material into the core would fall into the realm
of (and be easily bounded by) the maximum hypothetical accident,
which assumes melting of an entire fuel element. No other changes to
reactor parameters or operations are being proposed. The proposed
amendment to the SAR will not change the operations, process
variables or reactor structures, systems, or components.
Therefore, the proposed amendment for operation with small
amounts of debris from the February 3, 2021, event will not create
the possibility of a new or different kind of accident from any
accident previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed license amendment is to modify the NBSR SAR to
allow operations with a small amount of debris from the February 3,
2021, incident in the primary system. Calculations have shown that
that debris larger than 0.093 [inches] will not be transported into
the core with the liquid velocity range present in the NBSR inlet
and outlet plena leading to the core. Smaller particles have been
largely removed by filtration. Thus, because of the limited amount
and size of material present in the primary system and the limited
primary flow velocity, there is no credible scenario whereby the
release of material present in the primary system would cause
significant flow blockage, mechanical interference, heating, or
reactivity effects, and is insufficient to cause a significant
reduction in any margin of safety. Therefore, the proposed amendment
of the SAR in allowing this operation does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
license amendment request involves a no significant hazards
consideration.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no
significant hazards consideration. In addition, the Commission may
issue the amendment prior to the expiration of the 30-day comment
period if circumstances change during the 30-day comment period such
that failure to act in a timely way would result, for example, in
prevention of resumption of reactor operation. If the Commission takes
action prior to the expiration of either the comment period or the
notice period, it will publish in the Federal Register a notice of
issuance. If the Commission makes a final no significant hazards
consideration determination, any hearing will take place after
issuance. The Commission expects that
[[Page 69058]]
the need to take this action will occur very infrequently.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
person (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR
2.309. If a petition is filed, the presiding officer will rule on the
petition and, if appropriate, a notice of a hearing will be issued.
Petitions must be filed no later than 60 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
Petitions and motions for leave to file new or amended contentions that
are filed after the deadline will not be entertained absent a
determination by the presiding officer that the filing demonstrates
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)
through (iii).
If a hearing is requested and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration, which will serve to establish when
the hearing is held. If the final determination is that the amendment
request involves no significant hazards consideration, the Commission
may issue the amendment and make it immediately effective,
notwithstanding the request for a hearing. Any hearing would take place
after issuance of the amendment. If the final determination is that the
amendment request involves a significant hazards consideration, then
any hearing held would take place before the issuance of the amendment
unless the Commission finds an imminent danger to the health or safety
of the public, in which case it will issue an appropriate order or rule
under 10 CFR part 2.
A State, local governmental body, Federally recognized Indian
Tribe, or designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 60 days from the date of publication of this notice.
Alternatively, a State, local governmental body, Federally recognized
Indian Tribe, or agency thereof may participate as a non-party under 10
CFR 2.315(c).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. The E-Filing process requires
participants to submit and serve all adjudicatory documents over the
internet, or in some cases, to mail copies on electronic storage media,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the ``Guidance for Electronic Submissions to the NRC''
(ADAMS Accession No. ML13031A056) and on the NRC's public website at
https://www.nrc.gov/site-help/e-submittals.html.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an email confirming receipt of the document. The E-Filing
system also distributes an email that provides access to the document
to the NRC's Office of the General Counsel and any others who have
advised the Office of the Secretary that they wish to participate in
the proceeding, so that the filer need not serve the document on those
participants separately. Therefore, applicants and other participants
(or their counsel or representative) must apply for and receive a
digital ID certificate before adjudicatory documents are filed to
obtain access to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9:00
a.m. and 6:00 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as
[[Page 69059]]
previously described, click ``cancel'' when the link requests
certificates and you will be automatically directed to the NRC's
electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or personal phone
numbers in their filings unless an NRC regulation or other law requires
submission of such information. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants
should not include copyrighted materials in their submission.
For further details with respect to this action, see the
application for license amendment dated October 19, 2022.
Attorney for licensee: Henry N. Wixon, Chief of Counsel, National
Institute of Standards and Technology, 100 Bureau Drive, Stop 1052,
Gaithersburg, MD 20899-1052.
NRC Branch Chief: Joshua Borromeo.
Dated: November 10, 2022.
For the Nuclear Regulatory Commission.
Patrick Boyle,
Project Manager, Non-Power Production and Utilization Facility
Licensing Branch, Division of Advanced Reactors and Non-Power
Production and Utilization Facilities, Office of Nuclear Reactor
Regulation.
[FR Doc. 2022-24985 Filed 11-16-22; 8:45 am]
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