April 4, 2013 

MEMORANDUM TO: Chairman Macfarlane 

 Commissioner Svinicki 

 Commissioner Apostolakis 

 Commissioner Magwood 

 Commissioner Ostendorff 

FROM: R. W. Borchardt /RA Mike Johnson for/

Executive Director for Operations 

SUBJECT: STAFF ISSUANCE OF RESEARCH AND TEST 

 REACTOR RENEWED LICENSES 

The purpose of this memorandum is to inform the Commission that: (1) the staff will issue 

renewed research and test reactor (RTR) licenses as the license renewal application (LRA) 

reviews are completed; and (2) RTR renewed licenses are not dependent on the Waste 

Confidence Rule. 

On June 8, 2012, the U.S. Court of Appeals for the District of Columbia Circuit found that some 

aspects of the U.S. Nuclear Regulatory Commission’s (NRC’s) 2010 Waste Confidence 

Rulemaking did not satisfy the National Environmental Policy Act and vacated the rulemaking. 

On August 7, 2012, the Commission issued Calvert Cliffs Nuclear Project, LLC (Calvert Cliffs 

Nuclear Power Plant, Unit 3), et al., CLI-12-16, 75 NRC (2012), a Memorandum and Order that 

included the Commission’s decision not to issue licenses dependent on the Waste Confidence 

Rule until the court’s remand has been appropriately addressed. The Commission further 

stated that this determination extends just to final license issuance, and directed the staff to 

continue to move forward on all licensing reviews and proceedings. 

At the time of the Commission Memorandum and Order, the Office of Nuclear Reactor 

Regulation (NRR) had 12 RTR LRAs under review. On October 3, 2012, these RTR LRAs were 

not identified as being dependent on the Waste Confidence Rulemaking in the enclosure to 

SECY-12-0132, “Licensing Actions Affected by Waste Confidence Remand.” Since that time 

period, work on each RTR LRA has proceeded, and two have been completed. 

The staff has analyzed the Waste Confidence Rule (Title 10 of the Code of Federal Regulations

(10 CFR) 51.23, “Temporary Storage of Spent Fuel after Cessation of Reactor Operation—

Generic Determination of No Significant Environmental Impact”), as well as supplemental 

information, and concluded that 10 CFR 51.23 applies only to the licensing of power reactors 

and independent spent fuel storage installations. It should be additionally noted that on 

May 20, 1983, the statements of consideration for the original proposed Waste Confidence 

rulemaking stated that the Waste Confidence Rule allows “environmental and safety 

implications of spent fuel storage after the termination of reactor operating licenses [to] not be 

CONTACT: John T. Adams, NRR/DPR 

 301-415-1901 
The Commissioners - 2 -

considered further in Commission proceedings for the issuance of an operating license or 

license amendment for a nuclear power plant,” (emphasis added) and also applies “to 

proceedings for licensing spent fuel storage in independent spent fuel storage installations 

(ISFSI) under Part 72” (48 FR 22730). 

Given the preceding justification, NRR will issue RTR renewed licenses as the LRA reviews are 

completed. The assessment of the impact of the Waste Confidence Rule on RTR licensing was 

completed through a collaborative effort between staff from NRR, the Office of the General 

Counsel and the Waste Confidence Directorate of the Office of Nuclear Material Safety and 

Safeguards. 

cc: SECY 

 EDO 

 OGC 

 OPA 

 CFO 

 OCA 
The Commissioners - 2 -

considered further in Commission proceedings for the issuance of an operating license or 

license amendment for a nuclear power plant,” (emphasis added) and also applies “to 

proceedings for licensing spent fuel storage in independent spent fuel storage installations 

(ISFSI) under Part 72” (48 FR 22730). 

Given the preceding justification, NRR will issue RTR renewed licenses as the LRA reviews are 

completed. The assessment of the impact of the Waste Confidence Rule on RTR licensing was 

completed through a collaborative effort between staff from NRR, the Office of the General 

Counsel and the Waste Confidence Directorate of the Office of Nuclear Material Safety and 

Safeguards. 

cc: SECY 

 EDO 

 OGC 

 OPA 

 CFO 

 OCA 

DISTRIBUTION: 

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JAdams 

ADAMS Accession No: ML13071A642 *via email 

OFFICE NRR/DPR/SLS QTE* NRR/DPR NRR/DLR* 

NAME JAdams CHsu LKokajko 

(MMussle for) 

JLubinski 

(MWong for) 

DATE 03/13/2013 03/05/2013 03/14/2013 03/25/2013

OFFICE OGC/RMR* NMSS/OD* NRR NRR 

NAME ASzabo CHaney ELeeds (JUhle for) RBorchardt 

(MJohnson for) 

DATE 3/27/2013 03/22/2013 03/29/2013 04/04/2013 

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