[Federal Register Volume 62, Number 151 (Wednesday, August 6, 1997)] [Notices] [Pages 42267-42269] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-20642] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 50-223] University of Massachusetts Lowell; (University of Massachusetts Lowell Research Reactor); Order Modifying Facility Operating License No. R-125 I The University of Massachusetts Lowell (the licensee) is the holder of Facility Operating License No. R-125 (the license) issued on December 24, 1974, by the U.S. Atomic Energy Commission, and subsequently renewed on November 21, 1985, by the U.S. Nuclear Regulatory Commission (the NRC or the Commission). The license authorizes operation of the University of Massachusetts Lowell Research Reactor (the facility) at a power level up to 1 megawatt thermal (MW(t)). The facility is a research reactor located in the center of the North Campus of the University of Massachusetts Lowell, in the city of Lowell, Middlesex County, in northeastern Massachusetts, approximately 5 miles from the New Hampshire border. The mailing address is Radiation Laboratory, University of Massachusetts Lowell, One University Avenue, Lowell, Massachusetts 01854. II On February 25, 1986, the Commission promulgated a final rule in Section 50.64 of Title 10 of the Code of Federal Regulations (10 CFR 50.64) limiting the use of high-enriched uranium (HEU) fuel in domestic [[Page 42268]] research and test reactors (non-power reactors) (see 51 FR 6514). The rule, which became effective on March 27, 1986, requires that if Federal Government funding for conversion-related costs is available, each licensee of a non-power reactor replace HEU fuel at its facility with low-enriched uranium (LEU) fuel acceptable to the Commission unless the Commission has determined that the reactor has a unique purpose. The Commission issued the rule to reduce the risk of theft and diversion of HEU fuel used in non-power reactors. Paragraphs 50.64(b)(2)(i) and (ii) require that a licensee of a non-power reactor (1) not acquire more HEU fuel if LEU fuel that is acceptable to the Commission for that reactor is available when the licensee proposes to acquire HEU fuel and (2) replace all HEU fuel in its possession with available LEU fuel acceptable to the Commission for that reactor in accordance with a schedule determined pursuant to 10 CFR 50.64(c)(2). Paragraph 50.64(c)(2)(i) requires, among other things, that each licensee of a non-power reactor authorized to possess and to use HEU fuel develop and submit to the Director of the Office of Nuclear Reactor Regulation (Director) by March 27, 1987, and at 12-month intervals thereafter, a written proposal for meeting the requirements of the rule. The licensee shall include in its proposal a certification that Federal Government funding for conversion is available through the U.S. Department of Energy or other appropriate Federal agency and a schedule for conversion, based upon availability of replacement fuel acceptable to the Commission for that reactor and upon consideration of other factors such as the availability of shipping casks, implementation of arrangements for available financial support, and reactor usage. Paragraph 50.64(c)(2)(iii) requires the licensee to include in the proposal, to the extent required to effect conversion, all necessary changes to the license, to the facility, and to licensee procedures. This paragraph also requires the licensee to submit supporting safety analyses in time to meet the conversion schedule. Paragraph 50.64(c)(2)(iii) also requires the Director to review the licensee proposal, to confirm the status of Federal Government funding, and to determine a final schedule, if the licensee has submitted a schedule for conversion. Section 50.64(c)(3) requires the Director to review the supporting safety analyses and to issue an appropriate enforcement order directing both the conversion and, to the extent consistent with protection of public health and safety, any necessary changes to the license, the facility, and licensee procedures. In the Federal Register notice of the final rule (51 FR 6514), the Commission explained that in most, if not all, cases, the enforcement order would be an order to modify the license under 10 CFR 2.204. Section 2.714 states the requirements for a person whose interest may be affected by any proceeding to initiate a hearing or to participate as a party. III On May 21, 1993, as supplemented on March 17, 1994, May 16, 1997, and June 6, 1997, the NRC staff received the licensee's conversion proposal, including its proposed modifications and supporting safety analyses. HEU fuel elements are to be replaced with LEU fuel elements. The fuel elements contain fuel plates, typical of materials test reactors, with the fuel meat consisting of uranium silicide dispersed in an aluminum matrix. These plates contain the uranium-235 isotope at an enrichment of less than 20 percent. The NRC staff reviewed the licensee's proposal and the requirements of 10 CFR 50.64 and has determined that public health and safety and common defense and security require the licensee to convert the facility from the use of HEU to LEU fuel in accordance with the attachment to this Order and the schedule included herein. The attachment to this Order specifies the changes to the license conditions and discusses the changes to Technical Specifications that are needed to amend the facility license. IV Accordingly, pursuant to Sections 51, 53, 57, 101, 104, 161b, 161i, and 161o of the Atomic Energy Act of 1954, as amended, and to Commission regulations in 10 CFR 2.204 and 10 CFR 50.64, it is hereby ordered that: Facility Operating License No. R-125 is modified by amending the license conditions and technical specifications as stated in the attachment to this Order on the later date of either (1) the day the licensee receives an adequate number and type of LEU fuel elements to operate the facility as specified in the licensee proposal or (2) 30 days after the date of publication of this Order in the Federal Register. V Pursuant to the Atomic Energy Act of 1954, as amended, the licensee or any other person adversely affected by this Order may request a hearing within 30 days of the date of this Order. Any request for a hearing shall be submitted to the Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001, with a copy to the Assistant General Counsel for Hearings and Enforcement at the same address. If a person other than the licensee requests a hearing, that person shall set forth with particularity in accordance with 10 CFR 2.714 the manner in which his or her interest is adversely affected by this Order. If a hearing is requested by the licensee or a person whose interest is adversely affected, the Commission shall issue an order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing is whether this Order should be sustained. This Order shall become effective on the later date of either the day the licensee receives an adequate number and type of LEU fuel elements to operate the facility as specified in the licensee proposal or 30 days after the date of publication of this Order in the Federal Register or, if a hearing is requested, on the date specified in an order after further proceedings on this Order. Dated at Rockville, Maryland, this 31st day of July 1997. Attachment: As stated. For the Nuclear Regulatory Commission. Samuel J. Collins, Director, Office of Nuclear Reactor Regulation. Attachment to Order--Modifying Facility Operating License No. R-125 A. License Conditions Revised and Added by This Order. 2.B.(2) Pursuant to the Act and 10 CFR part 70, ``Domestic Licensing of Special Nuclear Material,'' to receive, possess, and use at any one time up to 6.0 kilograms of contained uranium-235 at enrichments equal to or less than 20 percent in the form of material test reactor (MTR) type reactor fuel in connection with operation of the reactor and 5 Ci Am-Be and 10 Ci Sb-Be neutron sources for use in connection with operation of the reactor. 2.B.(4) Pursuant to the Act and 10 CFR part 70, ``Domestic Licensing of Special Nuclear Material,'' to possess, but not use, up to 4.80 kilograms of contained uranium-235 at greater than 20 percent enrichment in the form of MTR-type reactor fuel until the existing inventory of this fuel is removed from the facility. 2.C.(2) Technical Specifications The technical specifications contained in Appendix A, as revised through Amendment No. 12, are hereby incorporated in the license. The licensee shall operate the facility in accordance with the technical specifications. [[Page 42269]] 2.C.(4) The licensee shall submit a startup test report within six months of the initial criticality with low-enriched uranium reactor fuel in accordance with Amendment No. 12. This report shall be sent as specified in 10 CFR 50.4, ``Written Communications.'' B. The technical specifications will be revised by this Order in accordance with the ``Enclosure to License Amendment No. 12, Facility Operating License No. R-125, Docket No. 50-223, Replacement Pages for Technical Specifications,'' and as discussed in the safety evaluation for this Order. [FR Doc. 97-20642 Filed 8-5-97; 8:45 am] BILLING CODE 7590-01-P