The Nuclear Regulatory Commission will hold its 2023 Workshop on Advanced Manufacturing Technologies for Nuclear Applications on October 24–26 as a hybrid meeting.

Following the February 2021 radiation release at the National Institute of Standards and Technology (NIST) resulting from a fuel failure in the 20-MWt NIST Center for Neutron Research (NCNR) research reactor, NIST investigated the root cause of the incident and developed corrective actions. The Nuclear Regulatory Commission’s probe of the incident found apparent violations and resulted in a confirmatory order issued in August 2022.

Craig Piercy
cpiercy@ans.org

Here we go again: Another “workaround” on U.S. nuclear waste policy just got shot down in a federal courtroom. On August 25, the 5th U.S. Circuit Court of Appeals found that the Nuclear Regulatory Commission lacked the authority to grant a license to Interim Storage Partners LLC (read: Waste Control Specialists) to accept and store up to 5,000 tons of used nuclear fuel at its proposed facility in Andrews County, Texas. Writing for the court, U.S. circuit judge James Ho found that “the Nuclear Waste Policy Act (NWPA) creates a comprehensive statutory scheme for addressing spent nuclear fuel accumulation. The scheme prioritizes construction of the permanent repository and limits temporary storage to private, at-the-reactor storage or at federal sites. It plainly contemplates that, until there’s a permanent repository, spent nuclear fuel is to be stored onsite at-the-reactor or in a federal facility.”

This decision is not necessarily a knockout blow. The court’s reading of the law is, well, novel. Other appeals courts have recognized the NRC’s authority to license away-from-reactor storage, and the Supreme Court is likely to weigh in. But given the current high court’s proclivities on “textualism” and the Chevron doctrine, we shouldn’t consider it a slam dunk.

The Nuclear Regulatory Commission on October 4 made available preliminary proposed rule language for the licensing and regulation fusion energy systems. The proposed rulemaking, which would amend parts 20, 30, and 51 of Title 10 of the Code of Federal Regulations, would provide a limited-scope, technology-inclusive regulatory framework for a broad array of fusion systems currently under development.

When Norway’s Halden research reactor shut down in 2018, nuclear researchers around the world were forced to scramble. For 60 years, the Halden Reactor Project offered a 25-MWt boiling water reactor for research where scientists could expand their understanding of nuclear fuel reliability, reactor internals, plant procedures and monitoring, and human factors.

The Nuclear Regulatory Commission is requesting comments on the regulatory basis for a proposed rule for light water reactor fuel designs featuring high-assay low-enriched uranium (HALEU), including accident tolerant fuel (ATF) designs, and on draft guidance for the environmental evaluation of ATFs containing uranium enriched up to 8 percent U-235. Some of the HALEU feedstock for those LWR fuels and for advanced reactor fuels could be produced within the first Category II fuel facility licensed by the NRC—Centrus Energy’s American Centrifuge Plant in Piketon, Ohio. On September 21, the NRC approved the start of enrichment operations in the plant’s modest 16-machine HALEU demonstration cascade.

American Nuclear Society Executive Director/CEO Craig Piercy visited One White Flint North, where he sat down with U.S. Nuclear Regulatory Commission chair Christopher Hanson for a one-on-one interview on September 18, 2023. The interview is available exclusively to ANS members to watch this week before it is released to the public. ANS members won’t want to miss the hour-long discussion, where Hanson opens up about important topics facing the NRC and the nuclear community and what he sees as the big successes during his first term as chair.

This year’s American Nuclear Society Annual Meeting was filled with great content, some of which was covered in the August issue of Nuclear News (beginning on p. 22). One of the meeting’s executive sessions, “Bringing Nuclear History Forward,” focused on advanced reactor (AR) history and was well attended. The United States—along with many countries around the world—is turning to nuclear to combat climate change. Part of this is funding new and innovative companies to create first-of-a-kind nuclear reactors to provide abundant and clean power. Looking at the current designs of interest to the community brings up interesting comparisons to the test and experimental reactors of the past. Test reactors like the Experimental Breeder Reactor-II (EBR-II), the Fast Flux Test Facility (FFTF), Peach Bottom, Fort St. Vrain, Germany’s AVR, and others now are more important than ever in providing insight, data, and operational lessons learned to develop the next generation of reactors.

The Nuclear Regulatory Commission announced on September 18 that it expects to award 24 research and development grants totaling more than $11.7 million in fiscal year 2023 University Nuclear Leadership Program (UNLP) funds to university researchers in early 2024.

The Nuclear Regulatory Commission is holding the “Data Science and AI Regulatory Applications Workshop,” tomorrow to discuss the agency’s activities for the safe and secure use of artificial intelligence in NRC-regulated activities.

The Environmental Protection Agency announced last week that it is adding Oklahoma’s Fansteel Metals/FMRI Superfund site to the National Priorities List. The list includes the nation’s most serious uncontrolled or abandoned releases of contamination and serves as the basis for prioritizing EPA Superfund cleanup funding and enforcement actions.

Abilene Christian University’s Gayle and Max Dillard Science and Engineering Research Center (SERC) has opened. SERC contains the Nuclear Energy eXperimental Testing Laboratory (NEXT Lab) and is the future home of one of the first advanced reactors in the United States. More than 300 people were on hand to celebrate the opening and tour the facility, including donors, government officials, and scientists from ACU and other research institutions.

The Nuclear Regulatory Commission will conduct a mandatory hearing on October 19 regarding Kairos Power’s application for a construction permit to build a Hermes nonpower test reactor in Oak Ridge, Tenn. This hearing marks the final step in the agency’s review of the application.

The Nuclear Regulatory Commission staff will hold a hybrid public meeting on September 7 to discuss the agency’s licensing and oversight of Centrus/American Centrifuge Operating’s American Centrifuge Plant, in Piketon, Ohio. The discussion will focus primarily on the company’s enrichment of high-assay low-enriched uranium, or HALEU.

Clark

Brooke Poole Clark has been named general counsel of the Nuclear Regulatory Commission, the agency announced yesterday. Clark has been serving as secretary of the NRC since April 2022. She will succeed Marian L. Zobler, who will be retiring this fall after 33 years of service. Clark’s appointment is effective October 15.

The job: In her new role, Clark will oversee the Office of the General Counsel, where she will direct matters of law and legal policy; provide legal opinions, advice, and assistance to the agency; monitor adjudicatory proceedings; provide legal interpretations; and represent and protect the interests of the NRC in legal matters.

Quote: “Brooke has 25 years of legal and leadership experience,” said NRC chair Christopher T. Hanson. “Her wealth of expertise on policy and regulatory issues from her experience in both the government and private sector makes her exceptionally qualified for this position. She will play an instrumental role in the challenges ahead.”

A Nuclear Regulatory Commission draft regulatory guide—DG-8061, “Release of Patients Administered Radioactive Material”—proposes guidance on the release of patients after a medical procedure involving the administration of radiopharmaceuticals or the implantation of a sealed source. The guidance is intended to help licensees interpret NRC regulations designed to protect the people—family, friends, caregivers, or members of the general public—who may be in proximity to a patient who is discharged after receiving nuclear medicine treatment.

The Nuclear Regulatory Commission has directed its staff to issue a final rule and associated regulatory guide that applies risk-informed, performance-based emergency preparedness requirements to small modular reactors and other new technologies, the agency announced on August 14. The technologies include non–light water reactors, research and test reactors, and medical radioisotope facilities.

More than 700 registered attendees descended on Florida’s Marco Island for the ANS Utility Working Conference this week, with many traveling through a wave of severe storms to get there—a fitting start to a meeting themed “Building Resiliency in a Rapidly Changing World.”

Three days of panels and educational sessions formally opened on Monday, August 7, with a plenary on “The Nuclear Industry’s State of Resiliency” featuring three invited speakers: Annie Caputo, NRC commissioner; Bob Willard, president and chief executive officer of the Institute of Nuclear Power Operations; and Jeff Lyash, president and CEO of the Tennessee Valley Authority. Matthew Rasmussen, general chair of the UWC and senior vice president for engineering and operations support at TVA, introduced the speakers following opening remarks from ANS President Kenneth Petersen and ANS Executive Director/CEO Craig Piercy. Together, the plenary speakers pointed to challenges ahead in ensuring effective leadership, nuclear plant resilience, and energy security—and found cause for celebration in the recent and long-awaited announcement of commercial operation at Vogtle-3.

The Nuclear Regulatory Commission has issued a new report, Metal Fuel Qualification--Fuel Assessment Using NRC NUREG-2246, “Fuel Qualification for Advanced Reactors,” which documents experience with the zirconium-clad ceramic fuel system in fast reactors and presents the fuel qualification case for a data-supported fuel design and set of operating conditions. The research includes identifying as-fabricated conditions (e.g., dimensions, chemistry) and in-pile conditions (e.g., linear heat generation rates, burnup, temperature) and anticipated operational occurrences.

The Nuclear Regulatory Commission reported on July 27 that it has issued a license to Rare Element Resources Inc. for a proposed pilot project in Wyoming to demonstrate a proprietary process to extract rare earth elements from ore.