4137 Commerce Circle, Idaho Falls, Idaho 83401 

Phone: 208-524-5300, 800-699-3108 Fax: 208-424-1411 

Website: www.intisoid.com 

March 07, 2011 

Dr. Matthew Bartlett 

U.S. Nuclear Regulatory Commission 

Mail Stop E2C40M 

6003 Executive Blvd. 

Rockville, MD 20852 

Subject: Request for 40-Year Licensing Term for International Isotope Fluorine Products’ 

Proposed Fluorine Extraction Process & Depleted Uranium De-conversion 

(FEP/DUP) Plant. 

Dear Dr. Bartlett, 

The purpose of this letter is to formally request a 40-year licensing term for the International 

Isotopes Fluorine Products’ (IIFP) proposed Fluorine Extraction Process & Depleted Uranium 

De-conversion (FEP/DUP) Plant. 

IIFP believes the request for a 40-year license term is reasonable and appropriate considering the 

facility is being licensed and will be operated in a manner consistent with the justification cited 

in the U.S. Nuclear Regulatory Commission’s (NRC) August 24, 2006 Commission Paper, 

SECY-06-0186. In this paper the NRC requested Commission approval of the staff’s 

recommendation “to implement maximum license terms of 40 years for license renewals and new 

applications, for facilities required to submit integrated safety analysis summaries in accordance 

with 10 CFR Part 70 Subpart H, requirements”. The Commission approved this recommendation 

and published a notice of the new policy in the December 4, 2006 Federal Register (FR Vol. 71 

No. 232 70441). 

On March 22, 2007, the Commission issued a Staff Requirements Memorandum (SRM) stating 

that NRC would license future major fuel cycle facilities licensed under Part 40 (e.g., uranium 

conversion and depleted uranium deconversion facilities). The SRM also requested the staff to 

propose options for imposing 10 CFR Part 70, Subpart H, requirements for uranium conversion 

and depleted uranium deconversion facilities. 

During a May 7, 2009 Public Meeting between International Isotopes Inc. (INIS) and NRC, the 

NRC staff acknowledged that Part 40 does not currently contain Integrated Safety Analysis 

(ISA) requirements, and consistent with Commission’s direction in SECY-07-0146, the NRC 

will impose the ISA requirements through orders. During this meeting the NRC informed the 

INIS that the license application should be prepared in a manner that will demonstrate 
JJM-2011-16 Page 2 of 3 

compliance with the applicable acceptance criterion listed in NUREG-1520. During this meeting 

INIS committed to preparing the license application as suggested by the NRC. The NRC 

reiterated the need to include an ISA Summary and appropriate emergency and security planning 

assessments be included along with our license application in the NRC’s May 26, 2009 letter 

acknowledging INIS’s intention to submit a license application for the FEP/DUP facility. 

INIS submitted the license application prepared in accordance with Part 70 Subpart H on 

December 30, 2009. This license application was prepared and is being reviewed in accordance 

with NUREG-1520, with the exception of Chapter 5 Criticality, which is not a risk associated 

with depleted uranium. IIFP has completed an ISA and submitted the ISA Summary to the NRC. 

The ISA was a systematic analysis to identify facility and external hazards, potential accident 

sequences, including likelihood and consequences, and items relied on for safety (IROFS) to 

prevent potential accidents or mitigate the consequences. The ISA Summary submitted to the 

NRC provided a synopsis of the results of the ISA and contained the information specified in 

§70.65(b). 

After the license is issued, IIFP will maintain the ISA process in accordance with requirements 

of 10 CFR Part 70 Subpart H including the §70.72 facility change process and the change 

documentation submittals required by §70.72 paragraphs d(1), d(2) and d(3). The IIFP 

management measure commitments in the IIFP License Application Chapter 11 will further 

ensure configuration management and structured maintenance measures for safety related 

structures, systems and components. The management measures and change processes will 

systematically manage the aging phenomena such as not to pose technical issues that preclude 

longer license terms of 40 years. Through this change process and updates, the NRC will be kept 

informed of changes due to material degradation and aging throughout the lifetime of the IIFP 

Facility. Thus, material degradation and aging do not affect the duration of the license term. 

Therefore, these Subpart H requirements permit the NRC to continue to support safe operations 

of licensed facilities on an ongoing basis, regardless of the duration of the license. 

IIFP will update the cost estimates for decommissioning every 3 years. These updates provide 

sufficiently frequent reviews such that NRC does not have to rely on the license renewal review 

to perform a time evaluation of the adequacy of financial assurance. Thus, decommissioning 

funding requirements would be satisfied regardless of the duration of the license term. 

The IIFP Environmental Report (ER) addresses cumulative effects from the combination of 

individually actions for the proposed license action (a Phase 1 facility) and for a future expansion 

action resulting in a Phase 2 Facility. The ER is the basis on which NRC will prepare an 

Environmental Assessment (EA) or Environmental Impact Statement (EIS). The current License 

Application addresses only the Phase 1Facility, and IIFP will submit an application to amend the 

License for the Phase 2 Facility. For any facility expansions beyond Phase 2 IIFP will issue an 
JJM-2011-16 Page 3 of 3 

ER. Based on the new ER, the NRC would write an EA or EIS at that time. If the EA reveals that 

the licensing action could have significant environmental impacts, an EIS is prepared. NRC will 

continue to evaluate environmental impacts and cumulative effects occurring over a period of 

time. Thus, NEPA requirements would be satisfied regardless of the duration of the license term. 

Because the IIFP license application was prepared in accordance with Part 70 Subpart H using 

the applicable guidance from NUREG-1520, and the facility will be operated in a manner 

consistent with the Part 70 Subpart H Fuel Cycle Facilities; authorizing the maximum 40-year 

license term for IIFP is consistent with NRC’s Strategic Plan that will allow the NRC to continue 

to support safe operations of the IIFP Facility, to reduce regulatory burden, to enhance 

effectiveness and efficiency. 

Please contact me by phone at 208 524-5300 or email at jjmiller@intisoid.com if you have any 

questions regarding this letter or require additional information. 

 

Sincerely, 

John J. Miller, CHP 

Radiation Safety Officer 

JJM-2011-16