November 13, 2014 

Mr. Dealis Gywn 

Licensing Manager 

CB&I AREVA MOX Services 

P.O. Box 7097 

Aiken, SC 29804 

SUBJECT: MIXED OXIDE FUEL FABRICATION FACILITY – ORDER FOR EXTENSION OF 

CONSTRUCTION AUTHORIZATION AND ADMINISTRATIVE CHANGES 

Dear Mr. Gwyn: 

The U.S. Nuclear Regulatory Commission (NRC) has issued an Order extending the 

construction expiration date of Construction Authorization CAMOX-001 for the Mixed Oxide Fuel 

Fabrication Facility from March 30, 2015, to March 30, 2025. This extension is in response to 

your request in a letter dated May 12, 2014 (Agencywide Documents Access and Management 

System Accession No. ML14132A342). 

Additionally, the staff has made two administrative changes to the Construction Authorization 

(CA). The first change consists of the removal of the list of submittals incorporated by reference 

in Attachment A of the CA. This change is being made as a administrative change to avoid any 

potential confusion regarding licensing commitments. All of the commitments, representations 

and statements made in the referenced documents were incorporated into the construction 

authorization request, environmental report and the license application to possess and use 

radioactive material. Therefore, the conditions in Sections 3A and 3C of the CA supersede the 

references included in Attachment A and the attachment is no longer needed. As a result, the 

attachment to the CA has been deleted 

The second change updates the company name on the CA from Shaw AREVA MOX Services 

to CB&I AREVA MOX Services. This change was made based on a letter dated August 15, 

2014 (ML14227A556) requesting this update. The request stated that there was no direct or 

indirect changes in ownership of the company. 

Copies of the Order, the NRC staff’s safety evaluation of your request, and the revised 

Construction Authorization are enclosed for your information. The Order has been sent to the 

Office of the Federal Register for publication. 
D. Gywn 2 

In accordance with 10 CFR 2.390 of the NRC’s “Agency Rules of Practice and Procedure,” a 

copy of this letter and the enclosures will be available electronically for public inspection in the 

NRC Public Document Room or from the Publicly Available Records component of NRC’s 

ADAMS. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/readingrm/adams.html (the Public Document Room). 

 Sincerely, 

 /RA/ RJohnson for 

David Tiktinsky, Senior Project Manager 

 Fuel Manufacturing Branch 

 Division of Fuel Cycle Safety, Safeguards 

 and Environmental Review 

 Office of Nuclear Material Safety 

 and Safeguards 

Docket No. 70-3098 

Enclosures: 

1. Safety Evaluation Report 

2. Revised Construction Authorization 

3. Order 

cc: See next page 
D. Gywn 2 

In accordance with 10 CFR 2.390 of the NRC’s “Agency Rules of Practice and Procedure,” a 

copy of this letter and the enclosures will be available electronically for public inspection in the 

NRC Public Document Room or from the Publicly Available Records component of NRC’s 

ADAMS. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/readingrm/adams.html (the Public Document Room). 

 Sincerely, 

 /RA/ RJohnson for 

David Tiktinsky, Senior Project Manager 

 Fuel Manufacturing Branch 

 Division of Fuel Cycle Safety, Safeguards 

 and Environmental Review 

 Office of Nuclear Material Safety 

 and Safeguards 

Docket No. 70-3098 

Enclosures: 

1. Safety Evaluation Report 

2. Revised Construction Authorization 

3. Order 

cc: See next page 

ADAMS Accession No. ML14225A705 Package No. ML14225A938 

OFFICIAL RECORD COPY 

OFFICE FCSE/FMB FCSE OGC FCSE FCSE NMSS 

NAME DTiktinsky DMiller CHair 

(NLO) 

RJohnson MBailey CHaney 

DATE 8/1/14 8/21 /14 10/15/14 10/27/14 10/30/2014 11/13/14 
cc: 

Mr. Scott Cannon, Federal Project Director 

NA-262.1 

P.O. Box A 

Aiken, SC 29802 

Mr. Sam Glenn, Deputy 

Federal Project Director 

NA-262.1 

P.O. Box A 

Aiken, SC 29802 

Mr. Joseph Olencz, NNSA/HQ 

1000 Independence Ave., SW 

Washington, DC 20585 

Dr. Peter Winokur, Chairman 

Defense Nuclear Facilities Safety Board 

625 Indiana Ave., NW, Suite 700 

Washington, DC 20004 

Susan Jenkins 

Division of Radioactive Waste Management

Bureau of Health and Environmental Control

2600 Bull St. 

Columbia, SC 292011 

D. Silverman 

Morgan, Lewis, & Bockius 

1111 Penn. Ave., NW 

Washington, DC 20004 

Diane Curran 

Harmon, Curran, Spielburg & Eisenberg, 

LLP 

1726 M St., NW 

Suite 600 

Washington, DC 20036 

G. Carroll 

Nuclear Watch South 

P.O. Box 8574 

Atlanta, GA 30306 

L. Zeller 

Blue Ridge Environmental Defense League

P.O. Box 88 

Glendale Springs, NC 28629 

Mr. Dealis Gwyn 

Licensing Manager 

Shaw AREVA MOX Services 

Savannah River Site 

P.O. Box 7097 

Aiken, SC 29804-7097 
 SAFETY EVALUATION REPORT 

RELATING TO REQUEST FOR EXTENSION AND ADMINISTRATIVE CHANGES TO

CONSTRUCTION AUTHORIZATION NO. CAMOX-001

MIXED OXIDE FUEL FABRICATION FACILITY

DOCKET NO. 70-3098

1.0 INTRODUCTION

The U.S. Nuclear Regulatory Commission (NRC) issued a Construction Authorization (CA) to 

Duke, Cogema, Stone and Webster (subsequently known as Shaw AREVA MOX Services and 

now known as CB&I AREVA MOX Services or MOX Services) in March 2005 (Agencywide 

Documents Access and Management System (ADAMS) Accession No. ML050660390), 

authorizing construction of the Mixed Oxide Fuel Fabrication Facility (MFFF) on the Savannah 

River Site in Aiken, South Carolina. Currently, CA CAMOX-001 specifies March 30, 2015, as 

the expiration date for the CA. 

In a May 12, 2014, letter (ADAMS Accession No. ML14132A342), MOX Services submitted a 

CA extension request. In that letter, MOX Services requested that the CA be extended from 

March 30, 2015 to March 30, 2025. In addition, the staff has made two administrative changes 

to the CA. This first change consists of the removal of the list of submittals incorporated by 

reference in Attachment A of the CA. This change is being made as a housekeeping item to 

avoid any potential confusion regarding licensing commitments. The second change that was 

made was a revision in company name from Shaw AREVA MOX Services to CB&I AREVA 

MOX Services. This change was made based on a letter dated August 15, 2014 

(ML14227A556). The request stated that there was no direct or indirect changes in ownership 

of the company. 

2.0 EVALUATION

Pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 70, “Domestic Licensing 

of Special Nuclear Material”, the NRC issued CA No. CAMOX-001 for construction of a 

plutonium processing and fuel fabrication plant in March 2005. 

At that time, the Commission made the following findings as required by the Atomic Energy Act 

of 1954, as amended (the Act), the Commission’s rules and regulations, and by the 

requirements of Section 102(2)(A) and (C) of the National Environmental Policy Act (NEPA), as 

set forth in Construction Authorization No. CAMOX-001 (CA): 

 

a) The Construction Authorization complies with the requirements of the Atomic Energy Act 

of 1954, as amended (the Act), and the rules and regulations of the Commission, and 

there is reasonable assurance that the activities authorized by this construction 

authorization, will be conducted in compliance with those rules and regulations, 

b) The design bases of the principal structures, systems, and components (PSSCs) for the 

MFFF, and the quality assurance program, provide reasonable assurance of protection 

against natural phenomena and the consequences of potential accidents; 
 2 

 

c) After weighing the environmental, economic, technical, and other benefits of the facility 

against environmental costs, and considering available alternatives, the issuance of a 

construction authorization, as revised, is in accordance with 10 CFR 70.23(a)(7), 

10 CFR Part 51, and the requirements of Sections 102(2)(A) and (C) of the National 

Environmental Policy Act; and 

d) The issuance of the construction authorization will not be inimical to the common 

defense and security, and will not constitute an unreasonable risk to the health and 

safety of the public. 

The Final Safety Evaluation Report (NUREG-1821) for the Construction Authorization Request 

(CAR), dated March 2005 relied, in part, on information provided in the applicant’s CAR, dated 

October 31, 2002 (as subsequently revised). The results of the staff’s environmental review are 

contained in NUREG-1767, “Environmental Impact Statement on the Construction and 

Operation of a Proposed Mixed Oxide Fuel Fabrication Facility at the Savannah River Site, 

South Carolina,” dated January 2005 (ADAMS Accession Nos. ML050240233 and 

ML050240250). 

MOX Services also submitted a License Application (LA) to possess and use radioactive 

material on September 26, 2006, with supplement thereto. The results of the NRC staff’s review 

were documented in the Final Safety Evaluation Report for the License Application to Possess 

and Use Radioactive Material at the Mixed Oxide Fuel Fabrication Facility in December 2010 

(ADAMS Accession No. ML103340354). 

2.1 Request for Extension of the Expiration Date of the CA

Under the authorization within CAMOX-001 Rev. 3, MOX Services has made substantial 

progress in the construction of the MFFF with overall construction status in excess of 60 percent 

complete. Significant progress has been made in construction of Principal Structures, Systems, 

and Components (PSSCs) and other non-PSSCs. For example, the MOX Fuel Fabrication 

Building (PSSC-036) is substantially complete, including roof and exterior structure, with only 

Temporary Construction Openings remaining. More than 200,000 pounds of HVAC ductwork 

(PSSC-004, -005, -006, -041, -050) have been installed. Seventy of 73 tanks have been 

installed (PSSC-003, -009, -010, -023, -041, 043, -045). Approximately 20 gloveboxes (PSSC024) have been installed. Installation of approximately 1000 fire dampers (PSSC-021) has 

commenced. These PSSC activities have been completed in accordance with MOX Services’ 

NRC-approved Quality Assurance Plan (MPQAP). Construction activities that are not related to 

PSSCs include completion of the Administration Building, Technical Support Building, Craft 

Support Building, and Secured Warehouse, as well as the installation of more than 70,000 linear 

feet of non-PSSC electrical cable. In addition, MOX Services has completed in-advance testing 

of 27 process units. 

While significant progress has been made on construction of the MFFF, additional time is 

required for completion of construction. Key structures remaining to be constructed include the 

Emergency Generator Building (PSSC-016) and the Reagents Processing Building (non-PSSC). 

Other key PSSC-related construction activities remaining include completing installation of 

ventilation systems (PSSC-004, -005, -006, -041, -050), including fire dampers (PSSC-021), 

fire detection and suppression system (PSSC-022), diesel generator and support systems 

(PSSC-012, -017, -018), process units (various PSSCs), and gloveboxes (PSSC-024). These 

activities are authorized under CAMOX-001 Rev 3 and will be constructed in accordance with 

the MPQAP. 
 3 

 

MOX Services stated in their May 12, 2014, request that various factors contributed to the need 

for an extension of the CA. The factors include: (a) the MFFF is a unique first of a kind facility 

of this type to be licensed in the United States under 10 CFR Part 70; (b) annual 

funding/appropriations supporting construction activities have been less than the projected 

expected funding profile for several years; (c) requirements of nuclear procurements coupled 

with a shortage of qualified vendors have resulted in delayed delivery of components; (d) a 

shortage of qualified construction workers have resulted in longer durations for key construction 

activities, and (e) a 2-year delay between issuance of the CA and the start of nuclear 

construction. 

As conditioned in the CA, the Director of the Office of Nuclear Material Safety and Safeguards 

may, in writing and for good cause shown by MOX Services, and not less than 90 days before 

the date of expiration, extend the authorization. 

The staff has reviewed the request in order to evaluate whether MOX Services has shown 

“good cause” for the CA extension. The extension increases the amount of time to complete 

construction and does not alter any other aspect of the construction authorization. Further, 

MOX Services has demonstrated that: a) the proposed extension will not expand the scope of 

any work to be performed that is not already allowed by the existing construction authorization; 

b) the factors for requiring an extension to the CA were beyond MOX Services control and are 

logical; and c) the time requested is reasonable based on the uncertainty of funding for 

construction. Ultimately, the extension will grant MOX Services additional time to complete 

construction in accordance with the previously approved CA. Therefore, the staff has found that 

MOX Services has demonstrated the requisite “good cause” for the CA extension. 

Additionally the requested extension does not impact the staffs’ previous findings for 10 CFR 

70.23(b) that the design basis of the Principal Structures, Systems and Components and the 

quality assurance program provide reasonable assurance against natural phenomena and the 

consequences of potential accidents. The staff has reasonable assurance that the requirements 

stated in 10 CFR 70.23(b) will continue to be met since the extension request does not impact 

the scope of construction activities that were approved in the CA. Therefore, the NRC staff finds 

that the requested extension is acceptable. 

2.2 Administrative Changes to the Construction Authorization. 

2.2.1 Removal of Attachment A from the CA

The NRC staff is removing the list of submittals incorporated by reference in Attachment 

A of the CA. This change is being made as a housekeeping item to avoid any potential 

confusion regarding commitments in the CA. All of the commitments, representations 

and statements made in the referenced documents from the attachment were 

incorporated into the construction authorization request, environmental report and the 

license application to possess and use radioactive material. Therefore, the conditions in 

Sections 3A and 3C of the CA supersede the references included in Attachment A, and 

the attachment is no longer needed. The attachment to the CA has therefore been 

deleted. This administrative change does not impact the staffs’ previous finding that the 

design basis of the Principal Structures, Systems and Components and the quality 

assurance program provide reasonable assurance against natural phenomena and the 

consequences of potential accidents. 

2.2.2 Change in Company Name on the Construction Authorization
 4 

 

The CA holder requested a name change based in a letter dated August 15, 2014, 

(ML14227A556). The name change does not reflect any change of direct or indirect 

control of the company or any other change in management, operation or security. The 

name of the company will now be known as CB&I AREVA MOX Services instead of 

Shaw AREVA MOX Services. 

3.0 ENVIRONMENTAL CONSIDERATION

Pursuant to 10 CFR 51.21, “Criteria for and Identification of Licensing and Regulatory Actions 

Requiring Environmental Assessments,” the NRC staff determined that an environmental 

assessment was required for the extension of the CA.. Accordingly, the NRC staff prepared an 

environmental assessment pursuant to 10 CFR 51.30. Based on the environmental 

assessment, the NRC staff prepared, under 10 CFR 51.32, a finding of no significant impact for 

the proposed action. Pursuant to 10 CFR 51.35, “Requirement to Publish Finding of No 

Significant Impact; Limitation on Commission Action,” the NRC published the final finding of no 

significant impact, which incorporated the environmental assessment, in the Federal Register on 

October 23, 2014 (79 FR 63442). 

With respect to the name change and the removal of the references in Attachment A, these 

changes are administrative in nature and do not have a significant effect on the environment. 

These changes have been categorically excluded from environmental review pursuant to 10 

CFR 51.22(c)(10). 

4.0 CONCLUSION

The NRC staff finds that MOX Services has shown good cause to extend the completion date 

for construction to March 30, 2025. The requested extension does not impact the staffs’ 

previous finding that the design basis of the Principal Structures, Systems and Components and 

the quality assurance program provide reasonable assurance against natural phenomena and 

the consequences of potential accidents. 

The staff has also made two administrative changes to the CA. This first change consists of the 

removal of the list of submittals incorporated by reference in Attachment A of the CA. All of the 

commitments, representations and statements made in the referenced documents were 

incorporated into the CAR, ER, and the LA MFFF to possess and use radioactive material. 

Therefore, the conditions in Sections 3A and 3C of the CA supersede the references included in 

Attachment 3 and the attachment is no longer needed. The second changes consists of a 

Corporate name change on the CA. The name change does not reflect any change of direct or 

indirect control of the company or any other change in management, operation or security. The 

name of the company will now be known as CB&I AREVA MOX Services instead of Shaw 

AREVA MOX Services. 

Principal contributor: David Tiktinsky