Standard Review Plan for Applications for 10 CFR Part 70 Licenses for Possession and Use of Special Nuclear Materials of Critical Mass but Not Subject to the Requirements in 10 CFR Part 70, Subpart H – Draft Report for Comment (NUREG-2212)

This publication has been issued for public comment. Comments will be accepted until February 6, 2023. To submit comments, please see Docket ID Number NRC-2020-0018.

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Publication Information

Manuscript Completed: September 2022
Date Published: December 2022

Prepared by:
S. Ani
M. Díaz-Maldonado
J. Downs
T. Harris
K. Kline
J. Munson
T. Naquin
M. Norris
O. Siurano-Pérez
J. Trefethen

O. Siurano-Pérez, R. Jervey, and J. Tobin, Project Managers

Division of Fuel Management (DFM)
Office of Nuclear Material Safety and Safeguards
U.S. Nuclear Regulatory Commission
Washington, D. C. 20555

Availability Notice

Abstract

This standard review plan (SRP) contains information intended to provide guidance for submitting applications under Title 10 of the Code of Federal Regulations (10 CFR) Part 70, “Domestic Licensing of Special Nuclear Material,” for possession and use of special nuclear materials (SNM) of critical mass that are not subject to the requirements in 10 CFR Part 70, Subpart H, “Additional Requirements for Certain Licensees Authorized To Possess a Critical Mass of Special Nuclear Material.” Specifically, this NUREG describes the types of information required under 10 CFR 70.22, “Contents of applications,” for those that apply for a new (or the renewal or amendment of an existing) materials license for possession and use of special nuclear material (SNM) in quantities exceeding the thresholds for critical mass quantities in 10 CFR 150.11, “Critical mass,”^a and that, due to the nature of their activities, are not subject to the requirements in 10 CFR Part 70, Subpart H.

The U.S. Nuclear Regulatory Commission (NRC) guidance in this document is intended to be used by the staff to conduct reviews of applications for activities other than those described in 10 CFR 70.60, “Applicability,” and that, due to the nature of the activities, do not create significant hazards associated with the use of SNM (such as criticality events) covered under the regulations of 10 CFR Part 70. As such, this subset of 10 CFR Part 70 applicants and licensees is not subject to the requirements in 10 CFR Part 70, Subpart H.

Prior to developing this document, specific guidance at a level appropriate to these applicants and licensees (commonly known as greater than critical mass applicants and licensees) did not exist. Therefore, the NRC prepared NUREG-2212 to assist these applicants, licensees, and facilities in preparing new license or renewal applications for the following activities that are not subject to the requirements in 10 CFR Part 70, Subpart H: (1) experiments using subcritical assemblies, (2) instrument calibration, (3) instruction in radiation detection and measurement, (4) experiments with uranium (U)-235 target foils, (5) low-enriched uranium sources for radiation detection testing, and (6) research and development in homeland security applications.

The SRP provides NRC staff reviewers with guidance that describes methods or approaches that the staff has found acceptable for meeting applicable NRC requirements in 10 CFR Part 70. Implementation of the criteria and guidelines in the SRP by staff members in their review of applications provides assurance that a given design ensures adequate protection of the public health and safety and the environment. This NUREG is intended to improve industry and public stakeholder understanding of the staff’s review process. It should be noted that the SRP is not a substitute for NRC regulations, and compliance with the SRP is not required. It also contains related information that applicants and licensees may find useful regarding NRC policy, such as the policy on safety culture (appendix G), the use of discretion on issuing notices of violations (section 2.2.7, “Audit program”), and the NRC Enforcement Policy (section 2.2.7).

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^a For the purpose of this part, SNM in quantities not sufficient to form a critical mass means uranium enriched in the 235 isotope (U-235) in quantities not exceeding 350 grams of contained U-235; U-233 in quantities not exceeding 200 grams; plutonium (Pu) in quantities not exceeding 200 grams; or any combination of them in accordance with the following formula: (grams contained U-235/350) + (grams U-233)/200) + (grams Pu/200) ≤ 1. For each kind of SNM, determine the ratio between the quantity of that SNM and the quantity specified above for the same kind of SNM. The sum of such ratios for all kinds of SNM in combination shall not exceed unity. For example, the following quantities in combination would not exceed the limitation and are within the formula, as follows: (175 (grams contained U-235/350) + (50 grams U-233)/200) + (50 grams Pu/200) = 1).