Cook, Jackie

From: Sent: To: Cc:

Subject: Attachments:

Ms. Cook,

Cicotte, George R OV USARMY ATEC(US)<george.r.cicotte.civ@mail.mil> Thursday, January 07, 2016 4:37 PM Cook, Jackie; roberto.torres@nrc.gov Matcek, Gary J CIV USARMY ATEC (US); Torres, Freddy H CIV USARMY ATEC (US); Davis, Gurvis Jr CIV (US)

[External_Sender] Corrections Requested to NRC License 30-12350-01 Corrected Copy Amendment 31 RSO signed.pdf; 30-12350-01 Amendment 31 Cover Letter ML15362A587.pdf

• Thank you again for the amendment. In accordance with the cover letter for Amendment 30, we are equesting a corrected copy to update CONDITION 10.B consistent with the cross-references to those line

\) ems listed therein. The corrections and discussion appear in an attachment to this message.

Additionally, during our review as instructed in your cover letter, we discovered ADAMS Accession No. ML 15362A587, containing a letter dated December 28, 2015, a cover letter transmitting Amendment 31 to License 30-12350-01. The letter is signed by Mr. Roberto J. Torres of your office, and addresses a reduction to our possession limit for Americium-241 in unsealed form (Item 8.F), from 1 millicurie to 0.5 millicuries. I have also attached a copy of that letter.

We do not yet have the license amendment itself, so the following is based on Mr. Torres' letter. Our current possession of approximat~ly 14 microcuries of Americium-241 in unsealed form is well below the limit, i.e., less than 5% of the new limit as described in the cover letter. The sum of the ratios for all radionuclides calculated pursuant to CONDITION 12 of the license is less than 20% of that limiting condition.

Thus, we are not requesting,any change to that limit, and it is not discussed further in the attachment. I just wanted both of you to know we are aware that even though possession oU millicurie of Americium-241 per the prior limit would have obviated possession of any other unsealed material, we were never at risk of exceeding CONDITION 12, nor does the reduction result in an out of compliance situation for Item 8.F.

If I have Mr. Torres' email address incorrect, could you see that he receives a copy of this message and the attachment?

I have copied Mr. Gurvis Davis at our Headquarters for the Army Test and Evaluation Command (ATEC), and two other of our staff who have primary involvement with the fission foils and the Americium-241.

If the other changes discussed in the attachment require an amendment, we are prepared to submit that with the appropriate approvals and signature authority.

Thank you again.

V/R George R Cicotte Health Physicist PUBLIC Radiation Safety Officer (Test Center Safety) Installation Safety Office (TailibTr W· i (?ldg 124, Rm 323 (575) 678-4869 lit-Normal Release

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Cook. Jackie

From: . Sent: To: Cc:

Subject:

Importance:

Ms. Cook,

Cicotte, George Rav USARMY ATEC(US)<george.r.cicotte.civ@mail.mil> Wednesday, January 20, 2016 12:25 PM Cook, Jackie; roberto.torres@nrc.gov Matcek, Gary J av USARMY ATEC {US); Torres, Freddy H av USARMY ATEC (US); Davis, Gurvis Jr av (US) • [Extemal_Sender] RE: UPDATE - Corrections Requested to NRC License 30-12350-01

High

After consultation with our headquarters (Army Test & Evaluation Command), it appears there may be some confusion as to the nature of the message I sent on 7 January. This followup is intended to make the context more clear.

Please do not consider my message of 7 January as a request for an amendment.

The matter involving line numbers on the authorized use/location conditions is for the purpose of a corrected copy to Amendment 31, to which Mr. Torres' letter referred, but which I do not believe I have yet received.

The matter involving authorization of Np-237 consistent with the U-238, U-235, and Pu-239 was described in order to obtain clarification as to whether NRC considers this to be a matter requiring an amendment. However, I wish to reiterate that I was not requesting an amendment in my message. The matter has not yet been submitted to the Radiation Safety Committee, and I have not prepared an amendment request consistent with NUREG 1556 Volume 11, nor submitted it for approval to the licensee. As I stated in my previous message (see below), any amendment requests will be routed through ATEC Headquarters.

As before, I have copied this message to relevant individuals in our organization.

Respectfully,

George R. Cicotte Radiation Safety Officer {Test Center Safety) Installation Safety Office {TEDT-WST-SO) US Army Test & Evaluation Command Bldg 124, Rm 323, Crozier St. White Sands Missile Range, NM 88002 (575) 678-4869

--Original Message--From: Cicotte, George R CIV USARMY ATEC (US) Sent: Thursday, January 07, 2016 3:37 PM To: 'Cook, Jackie' <Jackie.Cook@nrc.gov>; 'roberto.torres@nrc.gov'6m.~rto.torres@nrc.gov> Cc: Matcek, Gary J CIV USARMY ATEC (US) <gary.j.matcek.civ@malb~i!Cf.oirie.s ireddy H CIV USARMY ATEC (US) <freddy.h.torres.civ@mail.mil>; Davis, Gurvis Jr CIV(US)~Viaciv@mail.mil> Subj~ct: Corrections Requested to NRC License 30-12350-01

Ms. Cook, .. 1

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Thank you again for the amendment. In accordance with the cover letter for Amendment 30, we are requesting a corrected copy to update CONDITION 10.B consistent with the cross-references to those line items listed therein. The corrections and discussion appear in an attachment to this message.

Additionally, during our review as instructed in your cover letter, we discovered ADAMS Accession No. ML 15362A587, containing a letter dated December 28, 2015, a cover letter transmitting Amendment 31 to License 30-12350-01. The letter is signed by Mr. Roberto J. Torres of your office, and addresses a reduction to our possession limit for Americium-241 in unsealed form (Item 8.F), from 1 millicurie to 0.5 millicuries. I have also attached a copy of that letter.

We do not yet have the license amendment itself, so the following is based on Mr. Torres' letter. Our current possession of approximately 24 microcuries of Americium-241 in unsealed form is well below the limit, i.e., less than 5% of the new limit as described in the cover letter. The sum of the ratios for all radionuclides calculated pursuant to CONDITION 12 of the license is less than 20% of that limiting condition.

Thus.we are not requesting any change to that limit, and it is not discussed further in the attachment. I just wanted both of you to know we are aware that even though possession of 1 millicurie of Americium-241 per the prior limit would have obviated possession of any other unsealed material, we were never at risk of exceeding CONDITION 12, nor does the reduction result in an out of compliance situation for Item 8.F.

If I have Mr. Torres' email address incorrect, could you see that he receives a copy of this message and the attachment?

I have copied Mr. Gurvis Davis at our Headquarters for the Army Test and Evaluation Command (ATEC), and two other of our staff who have primary involvement with the fission foils and the Americium-241.

If the other changes discussed in the attachment require an amendment, we are prepared to submit that with the appropriate approvals and signature authority.

Thank you again.

V/R George R Cicotte Health Physicist Radiation Safety Officer (Test Center Safety) Installation Safety Office (TEDT-WST-SO) Bldg 124, Rm 323 (575) 678-4869

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TEDT-WST-SO

MEMORANDUM FOR:

DEPARTMENT OF THE ARMY U.S. ARMY WHITE SANDS MISSILE RANGE

100 Headquarters Avenue WHITE SANDS MISSILE RANGE, NEW MEXICO 88002-6000

7 January 2015

Commanding General, U.S. Army Test and Evaluation Command, (CSTE-OP) Attn: Mr. Gurvis Davis, Health Physicist, 2202 Aberdeen Blvd, Aberdeen Proving Ground, MD 21005-5001

Nuclear Materials Licensing Branch, Attn: Jacqueline D. Cook and/or Roberto J. Torres, U.S. Nuclear Regulatory Commission, Region IV, 1600 E. Lamar Boulevard, Arlington, TX 76011-4511

SUBJECT: Request Corrected Copy of U.S. Nuclear Regulatory Commission License 30-12350-01, Docket No. 030-05505, Amendment 30/31.

1. PURPOSE: Request a corrected copy to NRC license 30-12350-01 is requested hereby, consistent with the explanatory notes in the enclosure to this memorandum.

2. DISCUSSION: By letters dated December 22 and 28, 2015 (ADAMS Accession Nos. ML 16004A208 and ML 15362A587), enclosing License 30-12350-01 Amendments 30 and 31, respectively, the NRC provided nstruction to review the enclosed license and contact the the author(s) with any questions.

Relevant Control Nos. for this request are 589043 and 589612.

The explanation of the requested corrections also includes discussion of a prior omission from Amendment 29. If upon review of the corrections requested, NRC determines that inclusion of Item 6.L as noted in the enclosure, does not require an amendment, please contact the undersigned via phone or email as noted below.

Point of contact for this matter is Mr. George R. Cicotte, Installation Radiation Safety Officer, Test Center Safety Office, White Sands Missile Range, NM (575) 678-4869 or george.r.cicotte.civ@mail.mil.

Encls

TEDT-WS-SO 7 January 2015

SUBJECT: Request Corrected Copy of U.S. Nuclear Regulatory Commission License 30-12350-01, Docket No. 030-05505, Amendment 30/31.

ENCLOSURE Corrected Copy - Requested Corrections - Rationale

1. Requested Correction(s):

CONDITION 1 O.B, should be revised to read, in its' entirety, as follows:

"Temporary job sites anywhere in the United States where the U.S. Nuclear Regulatory Commission maintains jurisdiction for regulating the use of licensed material, including areas of exclusive Federal jurisdiction within Agreement States for Items 6.B through 6.D., Item 6.1. (excluding the operation of the Fast Burst Reactor), Item 6.J, Item 6.K, and Item 6.M."

2. Basis:

a. The cross-references for authorized uses in CONDITION 9 of the license were updated in Amendment 30 to reflect the change in the possession limits for materials listed in Items 6.A and 6.B, but the corresponding line items in CONDITION 1 O.B were not updated.

b. Review of Amendment 30 revealed that a needed change to Amendment 28 was not identified when the location of use updates were requested as part of the approvals in Amendment 29, nor when application was made in support of the most recent changes requested.

The error described in 2.b above was the result of an omission in our request, dated 7 March 2014. Neptunium-237 and the other fission foils (Items 6.J, 6.K, and 6.M) are not being used at temporary job sites. However, to anticipate that NRC staff consider addition of Item 6.L in CONDITION 10.B to be a matter requiring an amendment, an amendment request is being prepared for approval and will be submitted separate from the corrections requested.

Correction of this oversight would consists of including Item 6.L (neptunium-237 sealed fission foils), consistent with Items 6.J , 6.K, and 6.M. The revised wording of CONDITION 10.B accomplishes this correction.

3. Background (for 2.b, above):

Changes to the license, beginning with acquisition of additional sealed fission foils subsequent to Amendment 24 of the license, included corrections to CONDITION 10, and clarification of the prohibition against using unsealed materials at temporary job sites. The sequence of changes and correspondence with NRG is summarized here.

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TEDT-WS-SO 7 January 2015

SUBJECT: Request Corrected Copy of U.S. Nuclear Regulatory Commission License 30-12350-01, Docket No. 030-05505, Amendment 30/31.

• By letter dated 19 February 2004, we requested amendment of License 30-12350-01 to add the fission foil sources now listed as Items 6.J through M. At that time, CONDITION 10 read, in its' entirety, "Licensed material may be used anywhere in the United States."

• By letter dated April 12, 2004, Amendment 24, and subsequently on April 21, 2004, a Corrected Copy (to correct typographic error in quantities) approving the request.

• By letter dated June 8, 2005, NRC transmitted Amendment 25, with the change limited to a new appointee as Radiation Safety Officer.

• By letter dated 16 December 2011 (Ml 110460427), we requested renewal of License 30-12350-01, including description of uses at temporary job sites, consistent with CONDITION 10.

• By letter dated July 21, 2011 (ML 11202A293), NRC transmitted Amendment 26, renewing the license, but rewording CONDITION 10 without comment. At that time, CONDITION 10 read, in its' entirety, "Licensed material shall be stored or used only at the licensee's facilities located at White Sands Missile Range, New Mexico." This was deemed consistent with standard wording for a limited-scope licensee, but inconsistent with field use for research and development as previously-approved in Amendment 25.

• By letter dated 16 August2011(ML11229A120), we submitted NRC Form 313 to amend License 30-12350-01, to add Radium-226 (in part to make the license more consistent with the Energy Policy Act of 2005) and to restore field use as approved previous to Amendment 25. Additional information was requested, which we provided by letter dated 31 October 2011.

• By letter dated November 14, 201 1 (ML 11319A355), NRC transmitted Amendment 27, approving the requested changes. CONDITION 10 was split into 1 O.A, which approved uses at licensee facilities, and 1 O.B, which approved use at temporary job sites under NRC jurisdiction, for sealed sources of Americium 241 (now Item 6.D), and for Nickel-63. The wording did not clearly state that the approval of Nickel-63 was only for sealed sources.

• By letter dated 29 January 2013 (ML 13043A752), we requested an amendment to License 30-12350-01 to increase the possession limit for sealed sources containing Nickel-63.

• By letter dated April 3, 2013 (ML 13094A341), NRC transmitted Amendment 28, increasing the possession limit for Nickel-63 as requested .

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TEDT-WS-SO 7 January 2015

SUBJECT: Request Corrected Copy of U.S. Nuclear Regulatory Commission License 30-12350-01, Docket No. 030-05505, Amendment 30/31.

• By letter dated 7 March 2014, we requested amendment of License 30-12350-01, clarifying approval of field use of the fission foils, previously authorized and conducted when CONDITION 10 did not specify which materials were permitted to be used at temporary job sites.

• By letter dated May 22, 2014 (ML 14142A463), NRC transmitted Amendment 29, to clarify that field use was restricted to sealed sources, plated foils, and sealed fission foils, with addtion of specific cross-references to such sealed materials, including fission foils. The listing of sealed sources and foils included fission foils containing Uranium-238, Uranium-235, and Plutonium-239, omitting without comment Neptunium-237.

• Amendment 30 approved requested increases in possession of sealed sources of Cobalt-60 and Cesium-137.

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