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[Federal Register Volume 90, Number 28 (Wednesday, February 12, 2025)]
[Notices]
[Pages 9437-9440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02523]

[[Page 9437]]

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NUCLEAR REGULATORY COMMISSION

[EA-NRR-2025-0013; NRC-2025-0016]

Order Modifying Licenses and Establishing Initial Final Safety 
Analysis Report Update Due Dates Consistent With the Non-Power 
Production or Utilization Facility License Renewal Rule

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an 
Order to the licensees of non-power production or utilization 
facilities (NPUFs) identified in the Attachment to the Order. The Order 
modifies certain current NPUF licenses and establishes initial final 
safety analysis report update due dates for certain existing NPUFs 
consistent with the Non-Power Production or Utilization Facility 
License Renewal Rule dated December 30, 2024.

DATES: The Order was issued on February 6, 2025.

ADDRESSES: Please refer to Docket ID NRC-2025-0016 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0016. Address 
questions about Docket IDs in Regulations.gov to Bridget Curran; 
telephone: 301-415-1003; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to [email protected]. The Order dated February 6, 2025, 
is available in ADAMS under Accession No. ML24354A207.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Duane Hardesty, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-3724, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated: February 7, 2025.

    For the Nuclear Regulatory Commission.
Duane A. Hardesty,
Senior Project Manager, Non-Power Production and Utilization Facility 
Licensing Branch, Division of Advanced Reactors and Non-Power 
Production and Utilization Facilities, Office of Nuclear Reactor 
Regulation.

Attachment--Order

United States of America Nuclear Regulatory Commission

In the Matter of: All Licensees of Facilities Identified in Attachment

Docket Nos. (as shown in Attachment)
License Nos. (as shown in Attachment)
EA-NRR-2025-0013

Order Modifying Licenses and Establishing Initial Final Safety Analysis 
Report Update Due Dates Consistent With the Non-Power Production or 
Utilization Facility License Renewal Rule

I

    In accordance with the Atomic Energy Act of 1954, as amended (AEA), 
the facilities identified in the Attachment to this Order are licensed 
by the U.S. Nuclear Regulatory Commission (NRC, the Commission) under 
Title 10 of the Code of Federal Regulations (10 CFR) Part 50, 
``Domestic Licensing of Production and Utilization Facilities,'' as 
non-power production or utilization facilities (NPUFs). On December 30, 
2024, the NRC issued the final rule ``Non-Power Production or 
Utilization Facility License Renewal'' (89 FR 106234; the NPUF LR Rule) 
to provide a new framework for enabling NPUFs to continue to operate 
safely while reducing burden on NPUF licensees and the NRC. The NPUF LR 
Rule did this by eliminating the use of license terms for certain NPUFs 
licensed after the effective date of the rule and requiring that NPUF 
licensees periodically submit final safety analysis report (FSAR) 
updates. This Order applies this new framework to certain existing 
NPUFs by modifying their licenses to eliminate their license terms and 
by establishing their initial FSAR update submittal due dates.

II

    The NRC licenses NPUFs under the authority granted in Sections 103 
and 104 of the AEA. Section 103 of the AEA applies to commercial and 
industrial facilities, and Sections 104a and 104c of the AEA apply to 
facilities used for medical therapy and for research and development 
activities, respectively. The section of the AEA that provides 
licensing authority for the NRC corresponds directly to the class of 
license issued for a facility (e.g., Section 104a of the AEA authorizes 
the issuance of a ``class 104a'' license). Furthermore, Sections 104a 
and 104c of the AEA require that the Commission impose the minimum 
amount of regulation needed to promote the common defense and security; 
protect the health and safety of the public; and permit, under Section 
104a, the widest amount of effective medical therapy possible and, 
under Section 104c, the conduct of widespread and diverse research and 
development.
    The AEA dictates an initial license term of no more than 40 years 
for class 103 facilities, but the AEA does not establish specific 
license terms for class 104 facilities, which are licensed under 10 CFR 
50.21, ``Class 104 licenses; for medical therapy and research and 
development facilities,'' paragraph (a) or (c), nor does the AEA direct 
the NRC to specify license terms for class 104 facilities. Before the 
NPUF LR Rule, 10 CFR 50.51, ``Continuation of license,'' paragraph (a) 
stated, in part, ``Each license will be issued for a fixed period of 
time to be specified in the license but in no case to exceed 40 years 
from date of issuance.'' This included all facility licenses issued 
under 10 CFR part 50, including licenses for facilities issued under 10 
CFR 50.21(a) or (c). Historically, the renewal of NPUF licenses 
afforded both the NRC and the public the opportunity to re-evaluate the 
licensing basis of the NPUF. The purpose of the renewal of NPUF 
licenses was to assess the likelihood of continued safe operation of 
the NPUF, such that radioactive materials can be used for beneficial 
civilian purposes in a safe and secure manner. For several reasons that 
are unique to NPUFs, the NRC determined as part of the NPUF LR Rule 
that this objective is achievable for certain NPUFs through existing 
oversight activities and review of FSAR updates. The NRC reached this 
conclusion based on three considerations: (1) low overall radiological 
risk, (2) limited aging-related issues, and (3) slow evolution of the 
design basis. Accordingly, the NPUF

[[Page 9438]]

LR Rule amended 10 CFR 50.51 to state that each NPUF license issued 
under 10 CFR 50.21(a) or (c), other than a testing facility license, 
after January 29, 2025 (i.e., the effective date of the rule), will be 
issued with no fixed license term. The rule also amended 10 CFR 50.71, 
``Maintenance of records, making of reports,'' to require that NPUF 
licensees file FSAR updates at no more than 5-year intervals. The NPUF 
LR Rule determined that this approach enables NPUFs to continue to 
operate safely while reducing burden on NPUF licensees and the NRC and 
remains consistent with the NRC's responsibilities under the AEA. This 
approach is also consistent with the NRC's goal of efficient and 
effective licensing and implements and reflects lessons learned from 
decades of reviewing NPUF license renewal applications.

III

    The NPUF LR Rule explained that most licenses of existing NPUFs 
licensed under 10 CFR 50.21(a) or (c), other than testing facilities, 
will be modified by order to remove the license terms after the 
effective date of the rule (i.e., January 29, 2025). Specifically, it 
stated that NPUFs licensed under 10 CFR 50.21(a) or (c), other than 
testing facilities, that have undergone relicensing using the guidance 
in NUREG-1537, Part 2, ``Guidelines for Preparing and Reviewing 
Applications for the Licensing of Non-Power Reactors: Standard Review 
Plan and Acceptance Criteria,'' are eligible to receive a non-expiring 
license without again renewing the current license. Therefore, 
consistent with the NPUF LR Rule and pursuant to Sections 104, 161b, 
161i, 161o, 182, and 187 of the AEA and the Commission's regulations in 
10 CFR 2.202, ``Orders,'' and 10 CFR part 50, it is hereby ordered that 
the language regarding expiration in the licenses for such NPUFs is 
modified to state: ``This license is effective as of the date of its 
issuance and has no fixed term.'' The NPUFs with licenses that are 
affected by this modification are identified in the Attachment to this 
Order by a ``Yes'' in the ``Non-Expiring License Modification'' column 
of the Attachment. Existing NPUFs licensed under 10 CFR 50.21(a) or 
(c), other than testing facilities, for which an application for 
license renewal is pending before the NRC are not affected by this 
Order; instead, if the NRC concludes that the application meets the 
standard for issuing a renewed license, then the NRC would issue a non-
expiring renewed license.
    The NPUF LR Rule added new 10 CFR 50.71(e)(4)(ii), which states, in 
part, that NPUF licensees shall file an FSAR update no more than 5 
years from the date of the submittal of the updated FSAR required by 10 
CFR 50.71(e)(3)(iv) or ``by order.'' The NPUF LR Rule explained that, 
consistent with this regulation, the NRC will issue orders to existing 
NPUF licensees, other than those with an application for license 
renewal pending before the NRC, dictating when their initial FSAR 
update will be due to the NRC, after which they will be subject to the 
new requirement in 10 CFR 50.71(e)(4)(ii) to submit subsequent FSAR 
updates. Accordingly, it is further ordered that each NPUF licensee 
listed in the Attachment to this Order file an initial FSAR update for 
their facility by the date specified in the ``Initial FSAR Update Due 
Date'' column of the Attachment. However, upon written application and 
for good cause shown, such date may be extended by order. As required 
by 10 CFR 50.71(e)(4)(ii), each submittal must reflect all changes made 
to the FSAR up to a maximum of 6 months prior to the date of filing the 
submittal and the licensee shall file subsequent updates no more than 5 
years from the date of the previous submittal. For existing NPUFs for 
which an application for license renewal is pending before the NRC, 10 
CFR 50.71(e)(3)(iv) regarding initial FSAR updates will apply upon any 
issuance of the renewed license.
    This Order is effective upon issuance.

IV

    In accordance with 10 CFR 2.202, a licensee must, and any other 
person adversely affected by this Order may, submit a written answer to 
this Order under oath or affirmation within 20 days of its publication 
in the Federal Register. The licensee answer may consent to the Order 
and be submitted to the NRC in accordance with 10 CFR 50.4. In 
addition, a licensee and any other person adversely affected by this 
Order may request a hearing on this Order within 20 days of its 
publication in the Federal Register. Where good cause is shown, 
consideration will be given to extending the time to answer or request 
a hearing. A request for such an extension of time must be made in 
writing to the Director, Office of Nuclear Reactor Regulation, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555, and include a 
statement of good cause for the extension. All documents filed in NRC 
adjudicatory proceedings, including documents filed by an interested 
State, local governmental body, Federally recognized Indian Tribe, or 
designated agency thereof that requests to participate under 10 CFR 
2.315, ``Participation by a person not a party,'' paragraph (c), must 
be filed in accordance with 10 CFR 2.302, ``Filing of documents.'' The 
E-Filing process requires participants to submit and serve all 
adjudicatory documents over the internet, or in some cases, to mail 
copies on electronic storage media, unless an exemption permitting an 
alternative filing method, as further discussed, is granted. Detailed 
guidance on electronic submissions is located in the ``Guidance for 
Electronic Submissions to the NRC'' (Agencywide Documents Access and 
Management System Accession No. ML13031A056), and on the NRC's public 
website at https://www.nrc.gov/site-help/e-submittals.html.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is 
obtained and a docket created, the participant must submit adjudicatory 
documents in Portable Document Format. Guidance on submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. eastern time (ET) on the due date. Upon 
receipt of a transmission, the E-Filing system timestamps the document 
and sends the submitter an email confirming receipt of the document. 
The E-Filing system also distributes an email

[[Page 9439]]

that provides access to the document to the NRC's Office of the General 
Counsel and any others who have advised the Office of the Secretary 
that they wish to participate in the proceeding, so that the filer need 
not serve the document on those participants separately. Therefore, 
participants (or their counsel or representative) must apply for and 
receive a digital ID certificate before adjudicatory documents are 
filed to obtain access to the documents via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., ET, Monday through Friday, except Federal holidays.
    Participants who believe that they have good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted in accordance with 10 CFR 
2.302(b)-(d). Participants filing adjudicatory documents in this manner 
are responsible for serving their documents on all other participants. 
Participants granted an exemption under 10 CFR 2.302(g)(2) must still 
meet the electronic formatting requirement in 10 CFR 2.302(g)(1), 
unless the participant also seeks and is granted an exemption from 10 
CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
presiding officer. If you do not have an NRC-issued digital ID 
certificate as previously described, click ``cancel'' when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing docket where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information 
such as social security numbers, home addresses, or personal phone 
numbers in their filings unless an NRC regulation or other law requires 
submission of such information. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants 
should not include copyrighted materials in their submission.
    If a person other than a licensee requests a hearing, that person 
shall set forth with particularity the manner in which their interest 
is adversely affected by this Order and shall address the criteria set 
forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a licensee or a person whose interest 
is adversely affected, the Commission will issue an order designating 
the time and place of any hearings. If a hearing is held, the issue to 
be considered at such hearing shall be whether this Order should be 
sustained. In the absence of any request for hearing, or written 
approval of an extension of time in which to request a hearing, the 
provisions specified in Section III shall be final 20 days from the 
date this Order is published in the Federal Register without further 
order or proceedings. If an extension of time for requesting a hearing 
has been approved, the provisions specified in Section III shall be 
final when the extension expires if a hearing request has not been 
received.

    Dated: February 6, 2025.

    For the Nuclear Regulatory Commission.

Jeremy S. Bowen,
Director, Division of Advanced Reactors and Non-Power Production and 
Utilization Facilities, Office of Nuclear Reactor Regulation.

                                                               List of Affected Facilities
                                                       [Arranged by initial FSAR update due date]
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                                                                                                              Initial FSAR
              Facility                       Licensee           Docket    License     Non-expiring license     update due     NRC staff project manager
                                                                 No.        No.           modification            date
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Missouri University Research Reactor  Curators of the            50-186      R-103  Yes....................       7/31/2025  J. Lovett.
 Facility.                             University of
                                       Missouri.
Oregon State University TRIGA         Oregon State               50-243      R-106  Yes....................       8/25/2025  M. Balazik.
 reactor.                              University.
University of California-Davis,       Regents of the             50-607      R-130  Yes....................      12/31/2025  L. Tran.
 McClellan Nuclear Research Center     University of
 reactor.                              California.
Maryland University Training Reactor  University of Maryland     50-166       R-70  Yes....................        1/5/2026  C. Montgomery.
University of California, Irvine,     Board of Regents of        50-326      R-116  Yes....................       3/16/2026  L. Tran.
 Nuclear Reactor Facility.             the University of
                                       California.
Idaho State University AGN 201M       Idaho State University     50-284      R-110  Yes....................       5/29/2026  A. Miller.
 research reactor.
Purdue University Research Reactor..  Purdue University.....     50-182       R-87  Yes....................       8/10/2026  C. Montgomery.
Rhode Island Nuclear Science Center.  Rhode Island Atomic        50-193       R-95  Yes....................      10/26/2026  B. Stamler.
                                       Energy Commission.
Armed Forces Radiobiology Research    Armed Forces               50-170       R-84  Yes....................        1/8/2027  C. Montgomery.
 Institute TRIGA-Mark F tank-type      Radiobiology Research
 nuclear reactor facility.             Institute.
University of Massachusetts Lowell    University of              50-223      R-125  Yes....................        3/3/2027  E. Helvenston.
 Research Reactor.                     Massachusetts Lowell.
Washington State University Modified  Washington State           50-027       R-76  Yes....................       5/17/2027  D. Hardesty.
 TRIGA Nuclear Reactor.                University.
National Bureau of Standards test     National Institute of      50-184       TR-5  No.....................        7/2/2027  J. Hudson.
 reactor.                              Standards and
                                       Technology.
Kansas State Nuclear Reactor          Kansas State               50-188       R-88  Yes....................       7/30/2027  A. Miller.
 Facility.                             University,
                                       Manhattan, Kansas.
U.S. Geological Survey TRIGA          U.S. Geological Survey     50-274      R-113  Yes....................       9/27/2027  B. Gallagher.
 Research Reactor.
Ohio State University Research        Ohio State University.     50-150       R-75  Yes....................      10/22/2027  J. Lovett.
 Reactor.
Missouri University of Science and    Board of Curators of       50-123       R-79  Yes....................      12/27/2027  P. Torres.
 Technology Research Reactor.          the University of
                                       Missouri.

[[Page 9440]]

 
Texas Engineering Experiment Station/ Texas Engineering          50-128       R-83  Yes....................       3/13/2028  B. Gallagher.
 Texas A&M University System Nuclear   Experiment Station/
 Science Center.                       Texas A&M University
                                       System.
Reed Research Reactor...............  Reed College..........     50-288      R-112  Yes....................       5/26/2028  B. Stamler.
Penn State Breazeale Reactor........  Pennsylvania State         50-005        R-2  Yes....................        8/9/2028  J. Lovett.
                                       University.
University of Wisconsin's nuclear     University of              50-156       R-74  Yes....................      10/23/2028  P. Torres.
 reactor with the TRIGA nuclear core   Wisconsin.
 and control system.
University of Utah TRIGA Nuclear      University of Utah....     50-407      R-126  Yes....................        1/8/2029  J. Lovett.
 Reactor.
University of Florida Training        University of Florida.     50-083       R-56  Yes....................       3/23/2029  D. Hardesty.
 Reactor.
Massachusetts Institute of            Massachusetts              50-020       R-37  Yes....................        6/6/2029  C. Montgomery.
 Technology reactor facility.          Institute of
                                       Technology.
University of New Mexico AGN-201M     University of New          50-252      R-102  Yes....................       8/20/2029  E. Helvenston.
 Reactor.                              Mexico.
Dow TRIGA Research Reactor..........  Dow Chemical Company..     50-264      R-108  Yes....................       11/5/2029  B. Stamler.
Aerotest Radiography and Research     Nuclear Labyrinth, LLC     50-228       R-98  No.....................      11/20/2029  W. Allen.
 Reactor (ARRR), a pool-type nuclear
 reactor.
Critical Experiments Facility.......  Rensselaer Polytechnic     50-225      CX-22  Yes....................       1/18/2030  J. Lovett.
                                       Institute.
Nuclear Test Reactor................  GE-Hitachi Nuclear         50-073       R-33  No.....................       1/18/2030  W. Allen.
                                       Energy Americas, LLC.
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[FR Doc. 2025-02523 Filed 2-11-25; 8:45 am]
BILLING CODE 7590-01-P
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