NUCLEAR SCIENCE CENTER · 2016-03-11 · Center (current location) and storing these at the Texas A&M Engineering Experiment Station (TEES) Nuclear Science Center (NSC) Training Research

NUCLEAR SCIENCE CENTER

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Nuclear Science Center1095 Nuclear Science Road, 3575 TAMU

College Station, TX 77843‐3575

Tel. (979) 845-7551

Dr. Sean M. McDeavitt Director, TEES Nuclear Science Center Texas A&M University Texas A&M Engineering Experiment Station 1095 Nuclear Science Road, 3575 TAMU College Station, TX 77843-3575 March 3, 2016 2016-0012 Ref: 10 CFR 50.90 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington DC 20555 SUBJECT: RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION FROM THE

NRC, DATED FEBRUARY 16, 2016 REGARDING TAMU LICENSE AMENDMENT REQUEST DATED NOVEMBER 11, 2015, FOR THE AGN-201M REACTOR, FACILITY LICENSE R-23, DOCKET NUMBER 50-59

Attn: Mr. Alexander Adams, Jr., Chief

Research and Test Reactors Branch Office of Nuclear Reactor Regulation

Mr. Patrick M. Boyle, Project Manager, Research and Test Reactors Branch Office of Nuclear Reactor Regulation

The purpose of this letter is to respond to the Nuclear Regulatory Commission (NRC) Request for Additional Information (RAI), dated February 16, 2016. Attached is the response to the questions received from the NRC Staff following their review of the License Amendment Request to receive and store Special Nuclear Material (SNM) and reactor components from the Aerojet General Nucleonics Model 201-Modified (AGN-201M) Reactor, dated November 11, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML1531A027). The November 11, 2015 application requested the NRC to review and approve via 10 CFR 50.90 the request to allow Texas A&M University (TAMU) to disassemble, package, and transport the SNM, fuel and reactor components associated with the AGN-201M Reactor License No. R-23, Docket No. 50-59 currently located in the Zachry Engineering Center. The various items will be relocated to the Texas A&M Engineering Experiment Station (TEES) Nuclear Science Center (NSC) reactor Facility License No. R-83, Docket No. 50-128. The November 11, 2015, application requested the NRC review and approve via 10 CFR 50.90 proposed changes to the Technical Specifications (TSs) Sections 5.2 and 5.3 regarding fuel storage and the location of reactor components. TAMU has determined that in lieu of changes to the TSs, a more prudent approach to accomplish the planned goal is via a change to the AGN-201M License No. R-23. The change to the license is to reflect that the SNM, fuel, and by-

product material associated with the AGN-201 M reactor has been moved (after approval of the requested amendment) from the Zachry Engineering Center and stored at the NSC site for up to 5 years. In addition TAMU is proposing a change to the AGN-201 M TSs to add a new TS Surveillance 4.5 for the AGN-201 M reactor components stored at the NSC facility. The new proposed License page and TS page changes for Facility Operating License No. R-23 are provided as Enclosure 1 and Enclosure 2, respectively, to this letter. Justification for the proposed changes is attached in the responses to the RAls.

In association with the November 11, 2015, application, by letter dated October 14, 2015 (ADAMS Accession No. ML 15287A148), as supplemented by letters date November 18, 2015 (ADAMS Accession No. ML 15322A354) and March 03, 2016 (ADAMS Accession No. ML 16063A264) TAMU!TEES submitted an application via 50.90 to change the licensing basis for the NSC Reactor, under License No. R-83, Docket No. 50-123, requesting NRC approval to allow the receipt, possession, but not use of the SNM, fuel, and reactor components associated with the AGN-201 M Reactor at the NSC facility. This application and supplements are under review by the NRC.

It is the intent of TAMU to transfer the SNM, fuel and byproduct material associated with the AGN-201 M reactor to the NSC facility and store it for a period of up to 5 years. While the SNM is stored at the NSC facility it will be governed by the TEES NSC License R-83. In addition it is the intent of TAMU to maintain the AGN-201M License R-23, and comply with all sections of the license and TSs that will be applicable while the AGN reactor components are stored at the NSC facility.

These RAI responses do not change the initial no significant hazards determination stated in the November 11, 2015, application. Should you have any questions, please contact me or Mr. Jerry Newhouse at 979-845-7551 or via email at [email protected] or [email protected].

Oath or Affirmation - I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Sincerely,

~a~ Sean M. McDeavitt, PhD Director, TEES Nuclear Science Center Submitted with Level 2 Delegate Authorization from Dr. Yassin Hassan in letter dated February 8, 2016 (ADAMS Accession No. ML 16043A048)

Attachment: Response to Request for Additional Information

Enclosure 1: License Changes Enclosure 2: Technical Specification Change

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Nuclear Science Center 1095 Nuclear Science Road, 3575 TAMU

College Station, TX 77843-3575

Tel. (979) 845-7551

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cc: Mr. William Dean, Office Director United States Nuclear Reactor Commission Office of Nuclear Reactor Regulation Mr. Michael Young, President Texas A&M University 1246 TAMU College Station, TX 77843-1246 Dr. M. Katherine Banks, Vice Chancellor

and Dean Dwight Look College of Engineering 3126 TAMU College Station, TX 77843-3126 Dr. Dimitris Lagoudas, Deputy Director Texas A&M Engineering Experiment Station 3470 TAMU College Station, TX 77843-3577 Dr. Costas Georghiades, Associate Agency

Director Texas A&M Engineering Experiment Station 3470 TAMU College Station, TX 77843-3577 Dr. Yassin Hassan, Department Head

Nuclear Engineering Texas A&M University Nuclear Engineering Department 3133 TAMU College Station, TX 77843-3133 Dr. John Hardy Reactor Safety Board Chairman Texas A&M

University 3255 TAMU College Station, TX 77843-3255 Dr. Latha Vasudevan Radiological Safety Officer Texas A&M University Environmental Health and Safety 1111 Research Parkway College Station, TX 77843-4472

Mayor, City of College Station P.O. Box Drawer 9960 College Station, TX 77840-3575 Governor’s Budget and Policy Office P.O. Box 12428 Austin, TX, 78711-2428 Radiation Program Officer Bureau of Radiation Control Dept. of State Health Services Division for Regulatory Services 1100 West 49th St., MC 2828 Austin, TX 78756-3189 Technical Advisor Office of Permitting, Remediation &

Registration Texas Commission on Environmental

Quality P.O. Box 13087, MS 122 Austin, TX 78711-3087 Test, Research and Training Reactor

Newsletter P.O. Box 118300 University of Florida Gainesville, FL 32611-8300 Mr. Jerry Newhouse, NSC Assistant Director Texas A&M Engineering Experiment Station 3575 TAMU College Station, TX 77843-3575 Mr. Scott Miller, NSC Manager of Reactor Operations Texas A&M Engineering Experiment Station 3575 TAMU College Station, TX 77843-3575 Mr. Jeremy Osborn AGN-201M Reactor Supervisor Texas A&M University Nuclear Engineering Department 3133 TAMU College Station, TX 77843-3133

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TEXAS A&M UNIVERSITY

AEROJET GENERAL NUCLEONICS MODEL 201-MODIFIED REACTOR

LICENSE NO. R-23; DOCKET NO. 50-59

RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION

1.0 INTRODUCTION: The purpose of this letter is to provide responses to the Nuclear Regulatory Commission (NRC) request for additional information (RAI) dated February 16, 2016, Agencywide Documents Access and Management System (ADAMS) (Accession No. ML16032A022), concerning, the license amendment request (LAR) to amend Facility Operating License No. R-23, dated November 11, 2015 (ADAMS Accession No. ML15315A027), for the Texas A&M University (TAMU) Aerojet General Nucleonics Model 201-Modified (AGN-201M) reactor. The November 11, 2015, application requested NRC review and approval of changes to the License and Technical Specifications (TSs) associated with relocating the Special Nuclear Material (SNM), fuel and reactor components of the AGN-201M reactor from the Zachry Engineering Center (current location) and storing these at the Texas A&M Engineering Experiment Station (TEES) Nuclear Science Center (NSC) Training Research Isotope Production General Atomics (TRIGA) reactor facility for up to 5 years. In association with the November 11, 2015 application by letter dated October 14, 2015 (ADAMS Accession No. ML15287A148), as supplemented by letters date November 18, 2015 (ADAMS Accession No. ML15322A354), and March 3, 2016 (ADAMS Accession No. ML16063A264), TAMU submitted a LAR to modify Facility Operating License No. R-83 for the TEES NSC reactor to allow storage of the AGN-201M SNM, fuel and byproduct material at the NSC facility. This application and supplements are under review by the NRC. TAMU plans to construct a new building adjacent to the NSC site to house the AGN-201M Reactor within the next five years. Pursuant to NRC regulations, at a later date, TAMU will request issuance of a Construction Permit to authorize construction of a new AGN-201M reactor facility. The defueled and drained AGN-201M Reactor water shield tank, the core tank, and supporting equipment will be installed in the new building prior to movement of the SNM and fuel from storage in the NSC Fuel Storage Vault. As the project nears completion, TAMU will seek approval from the NRC to relocate the SNM and fuel from the NSC Fuel Storage Vault to the reconstructed AGN-201M Reactor located in the new reactor facility. Other licensing requests may be required prior to operating the AGN-201M in its final location. While in temporary storage, it is the intent of TAMU to maintain License No. R-23, and comply with the conditions of the License and the TSs which will remain applicable while the reactor components associated with the AGN-201M reactor are stored at the NSC facility. Both Safety Analysis Reports (SAR) for the AGN Reactor and the TRIGA Reactor will be updated in accordance with 10 CFR 50.71(e) to reflect the storage.

TAMU has followed the guidance in NUREG-1537, “Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors,” in responding to the RAIs.

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2.0 RESPONSE TO NRC RAIs NRC Question 1 1. The current AGN-201M reactor Facility Operating License No. R-23, Section 2.B(2), permits

TAMU “Pursuant to the Act and 10 CFR Part 70, “Special Nuclear Material,” to receive, possess, and use up to 700 grams of contained uranium 235, enriched to less than 20 percent in uranium dioxide (UO2) embedded in radiation stabilized polyethylene, and up to 16 grams of plutonium 239 in the form of a sealed Pu-Be neutron source, both in connection with operation of the reactor.” The current AGN-201M reactor Facility Operating License No. R-23, Section 2.B(3), permits TAMU “Pursuant to the Act and 10 CFR Parts 30 and 70 to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the reactor.” The AGN-201M LAR does not propose to change these license conditions. The TRIGA LAR proposes to add Section B.5. to Facility Operating License No. R-83, which would permit TEES to receive and possess the AGN-201M SNM under Facility Operating License No. R-83. For clarity of licensing, if the AGN-201M SNM would be possessed under, and governed by, Facility Operating License No. R-83, it should not continue to also be possessed under, and governed by, Facility Operating License No. R-23.

a) Clarify whether the AGN-201M SNM would be governed by Facility Operating License

No. R-23, or Facility Operating License No. R-83, once the AGN-201M SNM is in storage at the NSC.

b) Confirm that Facility Operating License No. R-23, license condition 2.B.(2), “Pursuant to

the Act and 10 CFR Part 70 […] both in connection with operation of the reactor,” should be deleted from license R-23, once the SNM has been relocated to the NSC and transferred to the R-83 license; provide revised wording for this license condition; or, justify why this license condition should remain in place as currently written.

c) Propose revised wording for Facility Operating License No. R-23, license condition 2.B.(3), “Pursuant to the Act and 10 CFR Parts 30 and 70 […] as may be produced by the operation of the reactor,” to indicate that SNM produced by operation of the AGN-201M reactor would no longer be possessed under Facility Operating License No. R-23 pursuant to 10 CFR Part 70 once the SNM has been relocated to the NSC and transferred to the R-83 license; or, justify why this license condition should remain in place as currently written.

NRC Question 1.a)

a) Clarify whether the AGN-201M SNM would be governed by Facility Operating License No. R-23, or Facility Operating License No. R-83, once the AGN-201M SNM is in storage at the NSC.

TAMU Response 1.a): While the AGN-201M SNM and fuel is in temporary storage in the NSC Fuel Storage Vault, it is the intent of TAMU to have the SNM and fuel be governed by Facility Operating License No. R-83. Applicable conditions and TSs from Facility Operating License No R-83 will be applied while the SNM and fuel is temporally stored in the NSC Fuel Storage Vault. SARs for the

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AGN Reactor and the NSC Reactor will be updated in accordance with 10 CFR 50.71(e) to reflect the temporary storage.

NRC Question 1.b)

b) Confirm that Facility Operating License No. R-23, license condition 2.B.(2), “Pursuant to the Act and 10 CFR Part 70 […] both in connection with operation of the reactor,” should be deleted from license R-23, once the SNM has been relocated to the NSC and transferred to the R-83 license; provide revised wording for this license condition; or, justify why this license condition should remain in place as currently written.

TAMU Response 1.b): The disassembled, stored condition of the AGN-201M reactor does not allow for the possession and use of SNM authorization in License Condition 2.B.(2), as the reactor cannot be operated. As indicated in the response to question 1.a) above, while the AGN-201M SNM and fuel is in temporary storage in the NSC Fuel Storage Vault, it is the intent of TAMU to have the SNM and fuel governed by Facility Operating License No. R-83. TAMU is requesting a change to Operating License R-23 Section 2.B.(2) to reflect that the AGN-201M SNM and fuel will be located in the NSC Fuel Storage Vault for up to 5 years, while a new facility is constructed to house the AGN-201M Reactor. The proposed change to the license is Enclosure 1 to this letter. NRC Question 1.c)

c) Propose revised wording for Facility Operating License No. R-23, license condition 2.B.(3), “Pursuant to the Act and 10 CFR Parts 30 and 70 […] as may be produced by the operation of the reactor,” to indicate that SNM produced by operation of the AGN-201M reactor would no longer be possessed under Facility Operating License No. R-23 pursuant to 10 CFR Part 70 once the SNM has been relocated to the NSC and transferred to the R-83 license; or, justify why this license condition should remain in place as currently written.

TAMU Response 1.c): TAMU is requesting a change to Operating License R-23 Section 2.B.(3) to reflect that SNM and byproduct materials produced within the fuel during past operation of the reactor shall be unseparated and remain with the fuel when it is transferred and possessed under License R-83 at the NSC facility. The proposed change to the license is provided as Enclosure 1 to this letter. Byproduct materials resulting from activation of reactor components and the associated residual contamination shall continue to be possessed under license R-23 while the reactor is disassembled and in storage at the NSC facility. The new proposed TS Surveillance 4.5 for the AGN-201M TSs will confirm that all transferred AGN-201M reactor components are in their approved locations at the NSC facility, remain secure and the radiological conditions of storage remain unchanged. See Section 3.0 below for further detail on the new proposed Surveillance 4.5.

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The existing NSC Radiation Protection Program is adequate for the oversite of the safe possession and storage of the AGN-201M SNM and fuel at the NSC site. The physical and chemical forms differ between the two reactor fuel types, but these differences do not present new or increased radiological safety hazards for storage. Relative to radiation protection activities, the quantities of SNM and byproduct materials currently authorized for possession at the NSC facility encompass the proposed receipt, possession, but not for use of the AGN-201M SNM, fuel and byproduct material.. Therefore, the changes to the licenses for AGN-201M License No. R-23 and the NSC License No. R-83 to reflect the transfer of the materials are acceptable. TAMU will submit all required reports associated with the SNM transfer in accordance with 10 CFR 74. NRC Question 2 2. Current Facility Operating License No. R-23, Section 2.B.(1), permits TAMU to possess,

use, and operate the AGN-201M reactor on the TAMU campus. Current Facility Operating License No. R-23, Section 2.B.(3), permits TAMU to possess, but not separate, byproduct material produced during operation of the reactor, such as contaminated or activated AGN-201M reactor components. The AGN LAR, paragraph 4, states that the AGN-201M reactor will remain governed by Facility Operating License No. R-23 while in temporary storage. However, the TRIGA LAR proposes to add Section B.6. to Facility Operating License No. R-83 which would permit TEES to receive and possess byproduct materials such as contaminated or activated AGN-201M reactor components under Facility Operating License No. R-83. For clarity of licensing, if the AGN-201M reactor components would continue to be governed by Facility Operating License No. R-23, they should not also become governed by Facility Operating License No. R-83.

a) Clarify whether the AGN-201M reactor components would be governed by Facility

Operating License No. R-23, or Facility Operating License No. R-83, once the AGN-201M reactor components are in storage at the NSC.

b) Proposed TS 5.3.a states “The reactor room may house the reactor assembly and

accessories required for its operation and maintenance.” Proposed TS 5.3.b states “The reactor control room may house the reactor control console.” Proposed TS 5.3.f states “The disassembled reactor and associated reactor components may be stored within the Restricted Area at the Nuclear Science Center, at areas approved by the site Radiation Protection Staff.”

i. Provide the storage locations (i.e., specific rooms, buildings, or parts of the

Restricted Area) of the AGN-201M reactor components at the NSC.

ii. Propose revised TSs 5.3.a, 5.3.b, and 5.3.f that would require that the AGN-201M reactor components be located at either their current locations at the Zachry Engineering Center, or at their precise storage locations at the NSC; or, justify why no change is needed.

iii. For contaminated or activated AGN-201M reactor components (i.e., reactor

components containing byproduct material), describe how radiation protection concerns associated with the reactor components will be addressed while those reactor components are in storage at the NSC.

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iv. Describe how theft or diversion of contaminated or activated AGN-201M reactor components (i.e., reactor components containing byproduct material) will be prevented while those reactor components are in storage at the NSC.

NRC Question 2.a)

a) Clarify whether the AGN-201M reactor components would be governed by Facility Operating License No. R-23 or Facility Operating License No. R-83, once the AGN-201M reactor components are in storage at the NSC.

TAMU Response 2.a): It is the intent of TAMU for the AGN-201M reactor components to remain governed by Operating License No. R-23 while in storage at the NSC site. The newly proposed TS Surveillance 4.5 for the AGN-201M TSs will ensure that all transferred AGN-201M reactor components are present in the approved locations at the NSC facility, remain secure and the radiological conditions of storage remain unchanged. See Section 3.0 below for further detail on the new proposed Surveillance 4.5. NRC Question 2.b)

b) Proposed TS 5.3.a states “The reactor room may house the reactor assembly and accessories required for its operation and maintenance.” Proposed TS 5.3.b states “The reactor control room may house the reactor control console.” Proposed TS 5.3.f states “The disassembled reactor and associated reactor components may be stored within the Restricted Area at the Nuclear Science Center, at areas approved by the site Radiation Protection Staff.”

TAMU Response 2.b) In researching NRC guidance to generate documentation in support of relocating the AGN-201M SNM, fuel and reactor components from the Zachry Engineering Center to the TEES NSC facility, TAMU has determined that the AGN-201M License and not the TSs require modification. Changing the AGN-201M license accurately characterizes the condition of SNM, fuel and reactor components while they are stored at the NSC Facility. The November 11, 2015, application requested the NRC review and approve via 10 CFR 50.90 proposed changes to TSs Sections 5.2 and 5.3 regarding fuel storage and the location of reactor components. TAMU has determined that, in lieu of changes to the TSs, a more prudent approach to accomplish the planned goal is via a change to the AGN-201M License No. R-23. Sections 2.B(2) and 2.B(3) of License R-23 will be changed to reflect that the AGN-201M SNM and fuel have been transferred and stored at the NSC facility. The change to the license is to reflect that the SNM and fuel associated with the AGN-201M reactor has been moved from the Zachry Engineering Center, and stored in the NSC Fuel Storage Vault for up to 5 years. In addition TAMU is proposing a change to the AGN-201M TSs to add a new Surveillance 4.5 for the AGN-201M reactor components that are stored at the NSC facility. The new proposed License (Enclosure 1) and TS page (Enclosure 2) are provided.

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NRC Question 2.b)i.

i. Provide the storage locations (i.e., specific rooms, buildings, or parts of the Restricted Area) of the AGN-201M reactor components at the NSC.

TAMU Response 2.b)i

As described in more detail below, a cargo container will be used for all components with except for the water shield tank, contained reactor tank and core tank which will be stored in the accelerator building. Figure 1 shows the nominal locations for the cargo container and the accelerator building on the NSC site map.

Figure 1: Proposed Storage Locations

With the exception of the water shield tank, contained reactor tank and core tank, all other reactor components will be catalogued and placed in a cargo container in a restricted area at the NSC site. The container will be locked and a tamper proof seal affixed. In accordance with the newly proposed TS 4.5, once a quarter TAMU will survey the container to ensure that the seal has not been broken. In the event a visual inspection of the equipment in the cargo container is needed, a new tamper proof seal shall be affixed upon completion.

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The water shield, contained reactor tank and core tank will be placed in the Accelerator Building at the NSC site. In accordance with the newly proposed TS 4.5, once a quarter TAMU will inspect the Accelerator Building to ensure the components are present. In addition, each quarter a radiation and contamination survey shall be conducted around the exterior of the stored AGN-201M water shield tank to verify that contamination is not migrating from the contained reactor components. This surveillance will confirm the components necessary for reassembly of the AGN-201M reactor remain secure and that the radiological conditions of storage remain unchanged. NRC Question 2.b)ii.

ii. Propose revised TSs 5.3.a, 5.3.b, and 5.3.f that would require that the AGN-201M reactor components be located at either their current locations at the Zachry Engineering Center, or at their precise storage locations at the NSC; or, justify why no change is needed.

TAMU Response 2.b)ii. As stated in the response to NRC Question 2.b), TAMU has determined that, in lieu of changes to the TSs, a more prudent approach to accomplish the planned goal is via a change to the AGN-201M License No. R-23. Sections 2.B (2) and 2.B (3) to indicate the AGN-201M SNM, fuel, and byproduct materials shall be transferred and stored at the NSC facility. Therefore, the proposed TSs Sections 5-3.a, 5.3.b and 5.3.f are no longer applicable, and should be considered withdrawn. Once the SNM, fuel and reactor components associated with the AGN-201M are stored at the NSC facility the design features associated with the Zachry Engineering Center are no longer applicable. Prior to the AGN-201M reactor being placed back into operation, Section 5.0 of the AGN-201M TSs shall be modified to reflect the new facility constructed for the AGN-201M reactor. NRC Question 2.b)iii.

iii. For contaminated or activated AGN-201M reactor components (i.e., reactor components containing byproduct material), describe how radiation protection concerns associated with the reactor components will be addressed while those reactor components are in storage at the NSC.

TAMU Response 2.b)iii. The existing NSC Radiation Protection Program is adequate for the safe possession and storage of the AGN-201M reactor components at the NSC site. The quantities of byproduct material associated with the AGN-201M components are consistent with byproduct materials routinely used at the NSC and pose no additional radiation protection challenges. TAMU further notes that the total activity of these components, and associated dose rates, are anticipated to be very low (likely < 5 mrem/h at 30 cm from the water shield tank exterior surface), based upon survey data from similar reactors. In addition, proposed new TS Surveillance 4.5 for the AGN-201M TSs will confirm that the transferred AGN-201M reactor components are in their approved locations at the NSC facility, remain secure, and the radiological conditions of storage remain unchanged.

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NRC Question 2.b)iv.

iv. describe how theft or diversion of contaminated or activated AGN-201M reactor components (i.e., reactor components containing byproduct material) will be prevented while those reactor components are in storage at the NSC.

TAMU Response 2.b)iv: Activated or contaminated AGN-201M reactor components will be possessed on the NSC site within the restricted area. The total activity associated with the components cannot be quantitatively assessed while the reactor remains fueled with the shield tank flooded, but the estimated byproduct material content of the water shield tank and contained components is expected to be no more than a few millicuries, or about 5 orders of magnitude less than a Category 2 quantity, as defined in 10 CFR 37, Appendix A. The security requirements of 10 CFR 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material, are not applicable. The existing NSC radioactive materials controls are sufficient. License R-83 for the NSC Reactor Section 2.C.3 requires TEES to implement the Commission approved Physical Security Plan (PSP) for the NSC site to ensure adequate protection is provided for the materials possessed at the site. TAMU/TEES has reviewed the Commission approved PSP and finds that no changes to the plan will be necessary to accommodate the transfer and storage of the AGN-201M SNM, fuel and reactor components at the NSC facility. In addition, the implementation of the newly proposed TS Surveillance 4.5 for the AGN-201M TSs will ensure that all transferred AGN-201M reactor components are present in approved locations at the NSC facility, remain secure and the radiological conditions of storage remain unchanged. NRC Question 3 3. The current revisions of the AGN-201M Emergency Plan (EP) and Physical Security Plan

(PSP) are applicable for the AGN-201M reactor and SNM’s current possession under Facility Operating License R-23 and location in the Zachry Engineering Center.

a) As the current AGN-201M EP describes the AGN-201M reactor’s current location in the

Zachry Engineering Center, changes to the AGN-201M EP may be needed in consideration of the proposed relocation of the AGN-201M reactor components to the NSC. Discuss whether changes are needed to the AGN-201M EP, considering the specific storage locations for the AGN-201M reactor components at the NSC.

b) As the current AGN-201M PSP describes the AGN-201M reactor’s current location in the

Zachry Engineering Center, it would not apply for the AGN-201M reactor’s proposed location at the NSC. The regulations in 10 CFR Part 37, “Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material,” state, in part, that PSPs are required for the possession of certain quantities of byproduct material specified in 10 CFR Part 37, Appendix A, “Category 1 and Category 2 Radioactive Materials.” The regulations in 10 CFR 50.34(c), “Physical security plan,” state, in part, that nonpower reactors that are subject to 10 CFR 73.60, “Additional requirements for physical protection at nonpower reactors,” are required to have a PSP; 10 CFR 73.60 is applicable only to nonpower reactor licensees that possess certain quantities of SNM.

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Based on these regulations, a PSP may not be required for the AGN-201M. State that Facility Operating License No. R-23, license condition 2.C.(3), “The licensee shall fully implement […] with revisions through September 24, 1984,” and license condition 2.D, “The licensee shall maintain […] dated September 13, 1974,” which require the AGN-201M to have a PSP, should be deleted from license R-23, once the AGN-201M SNM has been relocated to the NSC and transferred to the R-83 license, and justify the removal of these license conditions; propose and justify revised wording for these license conditions; or, state that these license conditions should remain in place as currently written, and discuss whether changes are needed to the AGN-201M PSP.

NRC Question 3.a)

a) As the current AGN-201M EP describes the AGN-201M reactor’s current location in the Zachry Engineering Center, changes to the AGN-201M EP may be needed in consideration of the proposed relocation of the AGN-201M reactor components to the NSC. Discuss whether changes are needed to the AGN-201M EP, considering the specific storage locations for the AGN-201M reactor components at the NSC.

TMAU Response 3.a): AGN-201M EP:

Once the SNM, and fuel associated with the AGN-201M Reactor have been removed from the Zachry Engineering Center, TAMU will follow 10 CFR 50.54(q)(iv)(3) in evaluating future changes to the current AGN-201M EP. TAMU will maintain all records of the proposed changes in accordance with 10 CFR 50.54(q)(iv)(5). Residual radioactive materials remaining in Zachry Engineering Center will not approach the Emergency Planning thresholds of 10 CFR 30.72, Schedule C. Prior to operation of the AGN-201M reactor in the new facility, TAMU will submit a new EP to the NRC for review and approval.

NSC EP:

TEES has reviewed the NSC EP and finds that the proposed changes to allow TEES to receive, possess, but not use the AGN-201M SNM, fuel, and reactor components does not result in reducing the capability to perform an emergency planning function in the event of a radiological emergency, in accordance with 10 CFR 50.54 (q) (iv) (3). Accordingly, no changes to the current NSC EP are required.

NRC Question 3.b)

b) As the current AGN-201M PSP describes the AGN-201M reactor’s current location in the Zachry Engineering Center, it would not apply for the AGN-201M reactor’s proposed location at the NSC. The regulations in 10 CFR Part 37, “Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material,” state, in part, that PSPs are required for the possession of certain quantities of byproduct material specified in 10 CFR Part 37, Appendix A, “Category 1 and Category 2 Radioactive Materials.” The regulations in 10 CFR 50.34(c), “Physical security plan,” state, in part, that nonpower reactors that are subject to 10 CFR 73.60, “Additional requirements for physical

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protection at nonpower reactors,” are required to have a PSP; 10 CFR 73.60 is applicable only to nonpower reactor licensees that possess certain quantities of SNM. Based on these regulations, a PSP may not be required for the AGN-201M. State that Facility Operating License No. R-23, license condition 2.C.(3), “The licensee shall fully implement […] with revisions through September 24, 1984,” and license condition 2.D, “The licensee shall maintain […] dated September 13, 1974,” which require the AGN-201M to have a PSP, should be deleted from license R-23, once the AGN-201M SNM has been relocated to the NSC and transferred to the R-83 license, and justify the removal of these license conditions; propose and justify revised wording for these license conditions; or, state that these license conditions should remain in place as currently written, and discuss whether changes are needed to the AGN-201M PSP.

TAMU Response 3.b): Removal of the SNM and fuel from the Zachry Engineering Center effectively removes the drivers for the existing PSP at the site. The remaining radioactivity in the reactor area will be byproduct materials associated with activation and contamination of the water shield tank contained components (e.g., the aluminum core tank and iron reactor tank). No residual activity in the building structure is expected to be present, but cannot be assessed until the reactor components are also removed from the building and transferred to the NSC site. Total byproduct activity will not approach the threshold for implementation of 10 CFR 37 controls. AGN-201M PSP:

Once the SNM and fuel have been transferred to the NSC facility, TAMU will follow 10 CFR 50.54(p)(2) in evaluating changes to the current AGN-201M PSP. TAMU will maintain all records of the proposed changes in accordance with 10 CFR 50.54(p)(2). A modified PSP will remain effective at the Zachry Engineer Center until the AGN-201M reactor and radioactive materials and components associated with the AGN-201M reactor have been removed from the Center and an approved final status survey has been accepted by NRC for future unrestricted use of the facility by TAMU. Prior to operation of the AGN-201M reactor in the new facility, TAMU will submit an updated and revised PSP for review and approval. The plan will then be incorporated into the AGN-201M R-23 License.

NSC PSP:

TEES has reviewed the NSC PSP and finds that the proposed changes to allow TEES to receive, possess, but not use the AGN-201M SNM, fuel and reactor components at the NSC facility does not constitute a change or decrease of the safeguards effectiveness of the NSC PSP in accordance with 10 CFR 50.54 (p)(1,2) and does not require prior NRC review and approval. TEES will maintain all records of any proposed changes to the NSC PSP in accordance with 10 CFR 50.54 (p)(1,2). Accordingly, no changes to the NSC PSP are required.

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NRC Question 4 4. The NRC staff reviewed the current TSs for the TAMU AGN-201M reactor and noted that it

is not clear how some of these TSs will be met after the reactor has been disassembled and moved to the NSC.

a) Current TSs 3.2.a through 3.2.h denote requirements for control and safety systems for

the AGN-201M reactor. Following disassembly of the AGN-201M reactor, these systems may not be operable. Explain how current TSs 3.2.a through 3.2.h will be met for the disassembled reactor, or propose revisions to current TSs 3.2.a through 3.2.h to indicate that TSs 3.2.a through 3.2.h would not apply once the reactor has been disassembled and moved to the NSC.

b) Current TSs 5.1.a through 5.1.e denote design features of the AGN-201M reactor.

Following disassembly of the AGN-201M reactor, the reactor will not be assembled as described in the TSs. Explain how current TSs 5.1.a through 5.1.e will be met for the disassembled reactor, or propose revisions to current TSs 5.1.a through 5.1.e to indicate that TSs 5.1.a through 5.1.e would not apply once the reactor has been disassembled and moved to the NSC.

NRC question 4.a)

a) Current TSs 3.2.a through 3.2.h denote requirements for control and safety systems for the AGN-201M reactor. Following disassembly of the AGN-201M reactor, these systems may not be operable. Explain how current TSs 3.2.a through 3.2.h will be met for the disassembled reactor, or propose revisions to current TSs 3.2.a through 3.2.h to indicate that TSs 3.2.a through 3.2.h would not apply once the reactor has been disassembled and moved to the NSC.

TAMU Response 4.a): During the time the AGN-201M SNM, fuel and reactor components are stored at the NSC facility, TAMU will comply with all TSs associated with License R-23 that remain applicable. Reactor operations cannot occur while AGN-201M Reactor remains defueled, disassembled, and packaged in storage at the NSC facility. While inoperable, there will not be a need for monitoring reactor operations and the TS requirements for control and safety systems for the AGN-201M reactor will not be required and will not be applicable, although the limitations and set points for control and safety systems for the AGN-201M reactor described in those sections of the TSs will not change while the SNM, fuel, and reactor components associated with the AGN-201M reactor are stored at the NSC facility. Prior to the AGN-201M reactor being placed back into operation, in the new facility, TAMU will review all TSs to ensure they are current and the requirements of 10 CFR 50.36 continued to be met. NRC Question 4.b)

b) Current TSs 5.1.a through 5.1.e denote design features of the AGN-201M reactor. Following disassembly of the AGN-201M reactor, the reactor will not be assembled as described in the TSs. Explain how current TSs 5.1.a through 5.1.e will be met for the disassembled reactor, or propose revisions to current TSs 5.1.a through 5.1.e to indicate

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that TSs 5.1.a through 5.1.e would not apply once the reactor has been disassembled and moved to the NSC.

TAMU Response 4.b): TSs 5.1.a through 5.1.e describes specific design features associated with the AGN-201M reactor. While the SNM, fuel and reactor components associated with the AGN-201M reactor are stored at the NSC facility these design features will not change and will remain applicable. Prior to the AGN-201M reactor being placed back into operation, TAMU will review the AGN TSs, including this section, to assure that the TSs remain applicable to the AGM-201M reactor when the reactor is relocated to the new building. 3.0 AGN-201M TS SECTION 4.5 AGN-201M REACTOR COMPONENTS SURVEILLANCE

(NEW) AGN-201M TS Section 4.5 AGN-201M Reactor Components Surveillance (New) While the reactor components are stored at the NSC facility, TAMU is proposing to add a new Surveillance Requirement 4.5 to the AGN-201M TSs requiring that on the quarterly basis, AGN-201M reactor components shall be confirmed to be present in the approved locations at the NSC facility. AGN-201M reactor components with the exception of the water shield tank, contained reactor tank and core tank, will be catalogued and placed in a cargo container at the NSC site. The container will be locked and a tamper proof seal affixed. Once a quarter TAMU will survey the container to ensure that the seal has not been broken. In the event the seal is found broken, the Director of Nuclear Engineering shall be notified and an inventory performed. In addition, a special report in accordance TSs Section 6.9.3 will be transmitted to the NRC. Visual inspections of the contents may be performed, provided a new tamper seal is affixed to the container. The water shield, contained reactor tank, and core tank will be placed in the Accelerator Building at the NSC site. Once a quarter TAMU shall inspect the Accelerator Building to ensure all reactor components are present. In addition, each quarter a radiation and contamination survey shall be conducted around the exterior of the stored AGN-201M water shield tank to verify that contamination is not migrating from the contained reactor components. This surveillance will ensure the components necessary for reassembly of the AGN-201M reactor remain secure and that the radiological conditions of storage remain unchanged. A copy of the newly proposed TS page is provided as Enclosure 2 to this letter.

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ENCLOSURE 1


FACILITY LICENSE R-23, DOCKET NO. 50-59

AMENDED FACILITY OPERATING LICENSE

AGN-201M REACTOR

PROPOSED CHANGES TO THE LICENSE

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-2-

2. Facility License No. R-23 is hereby amended in its entirety to read:

A. This license applies to the homogeneous nuclear Reactor model AGN-201M, Serial No. 106 (the Reactor), owned by the Texas A&M University (the licensee), located on its campus at College Station, Texas and described in the application for license dated June 13, 1957, and subsequent amendments and supplements thereto, including the application for license renewal dated May 31, 1977, and supplements thereto dated September 29, December 11 and December 18, 1978 and March 23, 1979 and April xx, 2016

B. Subject to the conditions and requirements incorporated herein, the Commission

hereby licenses the Texas A&M University:

(1) Pursuant to Section l04c of the Act and 10 CFR, Chapter 10 Part 50, "Licensing of Production and Utilization Facilities", to possess, use and operate the Reactor as a utilization facility at the designated location in College Station, Texas, in accordance with the procedures and limitations set forth in this license.

(2) Pursuant to the Act and 10 CFR Part 70, “Special Nuclear Material” to

receive, possess, and use up to 700 grams of contained uranium 235, enriched to less than 20 percent in uranium dioxide (UO2) embedded in radiation stabilized polyethylene, and up to 16 grams of plutonium 239 in the form of a sealed Pu-Be neutron source, both in connection with operation of the Reactor. Upon receipt of the SNM stated above at the NSC facility, License R-83 will then govern the possession and storage of the SNM for up to 5 years.

(3) Pursuant to the Act and 10 CFR Parts 30 and 70 to possess, but not

separate, such byproduct and special nuclear materials as may be produced by the operation of the Reactor. Upon receipt of the SNM stated above in 2.B.(2) at the NSC facility, License R-83 will then govern the possession and storage for up to 5 years. Activated and contaminated AGN-201M Reactor Components will continue to be possessed under License R-23.

C. This license shall be deemed to contain and is subject to the conditions specified in

the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 3a, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

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ENCLOSURE 2


FACILITY LICENSE R-23, DOCKET NO. 50-59

AMENDED FACILITY OPERATING LICENSE

AGN-201M REACTOR

PROPOSED CHANGES TO THE TECHNICAL SPECIFICATIONS

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4.5 AGN Reactor Components Stored at the NSC Facility Applicability This specification applies to the surveillance requirements of the AGN-201 M reactor components stored at the NSC Facility. Objective To ensure the AGN reactor components moved to and stored at the NSC facility are in there proper location, on a quarterly basis, AGN reactor components are confirmed to be present in the approved locations at the NSC facility. AGN reactor components, with the exception of SNM and fuel, the water shield tank, contained reactor tank and core tank will be stored in a cargo container in the restricted area at the NSC site. The container will be locked and a tamper proof seal affixed. The water shield, contained reactor tank and core tank will be placed in the Accelerator Building at the NSC site. Once a quarter TAMU will inspect the Accelerator Building to ensure all reactor components are present. In addition, each quarter a radiation and contamination survey shall be conducted around the exterior of the stored AGN-201M water shield tank to verify that contamination is not migrating from the contained reactor components. This surveillance will ensure the components necessary for reassembly of the AGN-201M reactor remain secure and that the radiological conditions of storage remain unchanged. Specification a. On a quarterly basis AGN reactor components are confirmed to be present in the

approved location at the NSC facility. Once a quarter TAMU will survey the container to ensure that the seal has not been broken. In the event the seal is found broken, the Director of Nuclear Engineering shall be notified and an inventory performed. In addition a special report in accordance Technical Specification Section 6.9.3 will be transmitted to the NRC. In addition, each quarter a radiation and contamination survey shall be conducted around the exterior of the cargo container to verify that contamination is not migrating from the contained components. If detectable, loose surface contamination exceeds levels acceptable for an unrestricted area, the cargo container exterior shall be decontaminated and the source of contamination identified and secured.

Visual inspections of the contents of the container may be performed provided a new tamper seal is affixed to the container following completion.

b. The water shield, contained reactor tank and core tank will be placed in the Accelerator

Building at the NSC site. Once a quarter TAMU will inspect the Accelerator Building to ensure all reactor components are present. In addition, each quarter a radiation and contamination survey shall be conducted around the exterior of the stored AGN-201M water shield tank to verify that contamination is not migrating from the contained reactor components. If detectable, loose surface contamination exceeds levels acceptable for an unrestricted area, the tank exterior shall be decontaminated or be repackaged.

Bases

These surveillances will ensure the components necessary for reassembly of the AGN-201M reactor remain secure and that the radiological conditions of storage remain unchanged.