[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]


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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

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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.

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    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]
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