Notice2026-11192
Louisiana Energy Services, LLC, dba Urenco USA; National Enrichment Facility; Exemption
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 4, 2026
Issuing agencies
Nuclear Regulatory Commission
Abstract
The U.S. Nuclear Regulatory Commission (NRC) issued an exemption to Louisiana Energy Services, LLC doing business as (dba) Urenco USA (UUSA), permitting UUSA, a general licensee and certificate of compliance (CoC) user, to use a vendors' transportation package design (i.e., CoC No. 9362, Revision No. 5) for domestic transport of uranium hexafluoride (UF<INF>6</INF>) of up to 10 weight (wt.) percent enrichment of uranium-235 (U-235) in approximately 40 to 50 30B cylinders of UF<INF>6</INF> in calendar years 2026 through 2027 to a single customer, where the terms and conditions in CoC No. 9362, Revision No. 5, are not met. No physical or design changes to the DN30 transportation package (i.e., CoC No. 9362, Revision No. 5) are proposed in this exemption.
Full Text
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<title>Federal Register, Volume 91 Issue 107 (Thursday, June 4, 2026)</title>
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[Federal Register Volume 91, Number 107 (Thursday, June 4, 2026)]
[Notices]
[Pages 33766-33770]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11192]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-3103; NRC-2026-1156]
Louisiana Energy Services, LLC, dba Urenco USA; National
Enrichment Facility; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued an
exemption to Louisiana Energy Services, LLC doing business as (dba)
Urenco USA (UUSA), permitting UUSA, a general licensee and certificate
of compliance (CoC) user, to use a vendors' transportation package
design (i.e., CoC No. 9362, Revision No. 5) for domestic transport of
uranium hexafluoride (UF<INF>6</INF>) of up to 10 weight (wt.) percent
enrichment of uranium-235 (U-235) in approximately 40 to 50 30B
cylinders of UF<INF>6</INF> in calendar years 2026 through 2027 to a
single customer, where the terms and conditions in CoC No. 9362,
Revision No. 5, are not met. No physical or design changes to the DN30
transportation package (i.e., CoC No. 9362, Revision No. 5) are
proposed in this exemption.
DATES: The exemption was issued on May 29, 2026.
ADDRESSES: Please refer to Docket ID NRC-2026-1156 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:
<bullet> Federal Rulemaking Website: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for Docket ID NRC-2026-1156. Address
questions about Docket IDs in <a href="http://Regulations.gov">Regulations.gov</a> to Bridget Curran;
[[Page 33767]]
telephone: 301-415-1003; email: <a href="/cdn-cgi/l/email-protection#e3a1918a87848697cda0969191828da38d9180cd848c95"><span class="__cf_email__" data-cfemail="8dcfffe4e9eae8f9a3cef8ffffece3cde3ffeea3eae2fb">[email protected]</span></a>. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
<bullet> NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at <a href="https://www.nrc.gov/reading-rm/adams.html">https://www.nrc.gov/reading-rm/adams.html</a>. To begin the search, select ``Begin ADAMS Public 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 <a href="/cdn-cgi/l/email-protection#174753453945726478626574725779657439707861"><span class="__cf_email__" data-cfemail="58081c0a760a3d2b372d2a3b3d18362a3b763f372e">[email protected]</span></a>. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
<bullet> 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
<a href="/cdn-cgi/l/email-protection#86d6c2d4a8d4e3f5e9f3f4e5e3c6e8f4e5a8e1e9f0"><span class="__cf_email__" data-cfemail="154551473b4770667a60677670557b67763b727a63">[email protected]</span></a> 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: Daneira Mel[eacute]ndez-Col[oacute]n,
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington, DC 20555; telephone: 301-415-7295;
email: <a href="/cdn-cgi/l/email-protection#85c1e4ebe0ecf7e4abc8e0e9e0ebe1e0ffa8c6eae9eaebc5ebf7e6abe2eaf3"><span class="__cf_email__" data-cfemail="5410353a313d26357a193138313a30312e79173b383b3a143a26377a333b22">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
I. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
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Adams Accession No./ web
Document description link/Federal Register
citation
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Louisiana Energy Services, LLC, also dba ML25281A317.
Urenco USA, exemption request, dated October
8, 2025.
Supplements to request for exemption, dated ML25350C350, ML26035A335,
December 16, 2025, February 4, 2026, and ML26114A114.
April 22, 2026.
Certificate of Compliance No. 9362, Revision ML24159A018 (Package).
No. 5, dated June 11, 2024.
NUREG-2216, ``Standard Review Plan for ML20234A651.
Transportation Packages for Spent Fuel and
Radioactive Material: Final Report,'' dated
August 2020.
Dominion Energy Support for Urenco's ML25295A488.
Exemption Request for LEU+ UF6
Transportation in 30B Cylinders, dated
October 21, 2025.
R. Hall, W. J. Marshall, and W. A. ML21055A030.
Wieselquist, ``Assessment of Existing
Transportation Packages for Use with
HALEU,'' ORNL/TM-2020/1725, Oak Ridge
National Laboratory, Oak Ridge, Tennessee,
dated September 2020.
E. Saylor, A. Lang, W. J. Marshall, and R. https://info.ornl.gov/
Hall, ``Analysis of the 30B UF6 Container sites/publications/Files/
for Use with Increased Enrichment,'' ORNL/TM- Pub158475.pdf).
2021/2043, Oak Ridge National Laboratory,
Oak Ridge, Tennessee, dated May 2021.
Environmental Assessment and Finding of No 91 FR 20180.
Significant Impact LES, LLC, also dba UUSA,
Exemption Request to 10 CFR 71.17.
Revised Environmental Assessment and Finding 91 FR 30733.
of No Significant Impact LES, LLC, also dba
UUSA, Exemption Request to 10 CFR 71.17.
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Authority: 42 U.S.C. 2011 et seq.
Dated: June 2, 2026.
For the Nuclear Regulatory Commission.
Shana Helton,
Director, Division of Fuel Management, Office of Nuclear Material
Safety, and Safeguards.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
Docket No. 70-3103; Louisiana Energy Services, LLC dba Urenco USA;
National Enrichment Facility
I. Background
Louisiana Energy Services, LLC doing business as (dba) Urenco
USA (UUSA), is the holder of Special Nuclear Material (SNM) License
2010 (SNM-2010) for UUSA's gas centrifuge uranium enrichment
facility, pursuant to title 10 of the Code of Federal Regulations
part 70 (10 CFR part 70), ``Domestic Licensing of Special Nuclear
Material.'' The license provides, among other things, that the
facility is subject to all rules, regulations, and orders of the
U.S. Nuclear Regulatory Commission (NRC) now or hereafter in effect.
The nuclear industry is currently pursuing fuels with slightly
increased enrichments for reactors to support industry initiatives,
such as Accident Tolerant Fuel and Extended Fuel Cycle fuel. Urenco
USA and other nuclear facilities are pursuing advancements in fuel
and enrichment in concert with reactor designs that utilize high-
assay low-enriched uranium (HALEU) (i.e., greater than 5 weight
[wt.] percent uranium-235 [U-235] and less than 20 wt. percent U-
235) fuel to support these initiatives.
On November 30, 2023 (Agencywide Documents Access and Management
System [ADAMS] Accession No. ML23334A122), UUSA requested the NRC
approval of a license amendment request (LAR) to increase the
enrichment limit in SNM license SNM-2010, License Condition 6B, from
5.5 wt. percent U-235 to less than 10.0 wt. percent U-235. On
December 11, 2024 (ADAMS Accession No. ML24318C241), the NRC staff
approved the LAR to increase the enrichment limit in materials
license SNM-2010 from 5.5 wt. percent U-235 to less than 10.0 wt.
percent U-235.
While UUSA Material License SNM-2010 allows for enrichment up to
less than 10 wt. percent U-235, the material must still be packaged
for transport to the fuel fabricators and reactor operators.
Currently, there is only one approved uranium hexafluoride
(UF<INF>6</INF>) transportation package for the transport of
commercial quantities of HALEU fuel, which is Certificate of
Compliance (CoC) No. 9388, the Orano NCS GmbH Model No. DN30-X.
Under CoC No. 9388, the DN30-X transportation package consists of
the DN30 packaging and the 30B-X UF<INF>6</INF> cylinder. The ``X''
in DN30-X and 30B-X is either replaced by ``10'' or by ``20'' to
refer to a specific design for a maximum enrichment of 10 or 20
percent by weight U-235, respectively.
While UUSA, through the Urenco Group, has actively supported
prototype testing and placed an order for procuring an initial batch
of 30B-10 cylinders, they are not yet ready for use. Manufacturing,
incorporation of the new design into ANSI (American National
Standards Institute) N14.1, and facility implementation is still
required before the 30B-10 cylinders, which are approved for HALEU
fuel, will be available. Because UUSA has current contracts for the
higher-enriched UF<INF>6</INF> and CoC No. 9388 will not be ready
for use to meet the current need, UUSA requested an exemption to
allow shipment of the higher enriched UF<INF>6</INF> under the
existing CoC No. 9362 (i.e., Model No. DN30), Revision No. 5, which
limits contents to UF<INF>6</INF> enriched to no more than 5 wt.
percent U-235.
In support of their exemption request, UUSA submitted for
approval proposed revisions to the UUSA 10 CFR part 71 Subpart H,
``Quality Assurance Program for Packaging and Transportation of
Radioactive Materials'' (ADAMS Accession No. ML25280A232). The NRC
approved the revision to the Quality Assurance Program on
[[Page 33768]]
January 29, 2026 (ADAMS Accession No. ML26022A108).
II. Request/Action
By letter dated October 8, 2025 (ADAMS Accession No.
ML25281A317), as supplemented on December 16, 2025 (ADAMS Accession
No. ML25350C350), February 4, 2026 (ADAMS Accession No.
ML26035A335), and April 22, 2026 (ADAMS Accession No. ML26114A114),
UUSA requested an exemption, pursuant to section 71.12 of 10 CFR,
from the conditions and requirements that currently limit the use of
CoC No. 9362 transportation packages for domestic transportation of
up to 5 wt. percent U-235. Specifically, UUSA requested an exemption
from paragraphs 71.17(c)(2) and 71.17(c)(3) that require UUSA to
comply with the terms and conditions of CoC No. 9362, Revision No.
5, and submit information in writing before the first use of the
package under the exemption.
The exemption would allow UUSA to use CoC No. 9362 for domestic
transport of approximately 40 to 50 30B cylinders of UF<INF>6</INF>
enriched to greater than 5, but less than 10 wt. percent U-235 in
calendar years 2026 through 2027 to a single customer. UUSA is
currently a registered user of the DN30 transportation package
(i.e., CoC No. 9362). No physical or design changes to CoC No. 9362
are proposed in this exemption.
The CoC is the NRC approved design for each transportation
package system. The proposed action would exempt the applicant from
the requirements of 10 CFR 71.17(c)(2) and 71.17(c)(3) only as these
requirements pertain to the enrichment level of the UF<INF>6</INF>
authorized in the 30B cylinder within the DN30 transportation
package, and the requirement to submit information before first use
of the package under the exemption. The exemption would allow UUSA
to transport UF<INF>6</INF> enrichments of greater than 5 wt.
percent U-235 but less than 10 wt. percent U-235, despite conditions
in CoC No. 9362, Revision No. 5, including conditions 4 and 5(b),
which would limit UF<INF>6</INF> enrichments to no more than 5 wt.
percent U-235. This exemption is limited to the use of the 30B
cylinder within the DN30 transportation package only (CoC No. 9362)
for domestic UF<INF>6</INF> delivery and specific near-term planned
transportation of approximately 40 to 50 cylinders in calendar years
2026-2027 to a single customer.
This safety evaluation and exemption analysis documents the NRC
staff's review and evaluation of the exemption request. The staff's
evaluation is based on a review of the application and whether it
meets the applicable requirements in 10 CFR part 71, ``Packaging and
Transportation of Radioactive Material.'' The staff's evaluation
focused only on information already publicly available and UUSA
proprietary calculations and analyses submitted with the
application, as supplemented. The staff reviewed the exemption
request using the guidance in NUREG-2216, ``Standard Review Plan for
Transportation Packages for Spent Fuel and Radioactive Material:
Final Report'' (ADAMS Accession No. ML20234A651).
III. Safety Evaluation and Exemption Analysis
Pursuant to 10 CFR 71.12, ``Specific exemptions,'' the
Commission may, upon application by any interested person or upon
its own initiative, grant any exemption from the requirements of the
regulations of 10 CFR part 71 as it determines is authorized by law
and will not endanger life or property nor the common defense and
security.
A. The Exemption Is Authorized by Law
Section 71.12 of 10 CFR allows the NRC to grant exemptions from
the requirements of 10 CFR part 71. Issuance of this exemption is
consistent with the Atomic Energy Act of 1954, as amended, and is
not otherwise inconsistent with NRC's regulations or other
applicable laws. Therefore, the NRC concludes that there is no
statutory prohibition on the issuance of the requested exemption,
and the NRC is authorized to grant the exemption by law.
B. The Exemption Will Not Endanger Life or Property
UUSA seeks an exemption that would allow them to transport
UF<INF>6</INF> enrichments of greater than 5 wt. percent U-235 but
less than 10 wt. percent U-235, using CoC No. 9362, despite terms
and conditions in CoC No. 9362, Revision No. 5, that would limit
UF<INF>6</INF> enrichments to no more than 5 wt. percent U-235.
Specifically, Condition 5(b) limits contents of the package to
UF<INF>6</INF> with ``a U-235 mass percentage not to exceed 5 weight
percent.'' Additionally, Condition 4 of the CoC notes that the
conditions in the CoC are in addition to the requirements of Part
71. Part 71 includes general requirements for fissile material
packages including 71.55(b)(2) and 71.55(e)(2), which require
packages to remain subcritical when moderated by water; and
71.55(g)(4), which excepts UF<INF>6</INF> packages containing less
than 5 wt. percent U-235 from the requirement to consider water in-
leakage in 10 CFR 71.55(b)(2). UUSA also seeks an exemption from the
requirement to submit information on first use of the package under
this exemption as no physical changes are being made to the package
and the package has been in use already for shipments of up to 5 wt.
percent U-235.
As explained in the application, while the areas of safety
reviews for CoC No. 9362, and specifically, utilization of the 30B
cylinder within the DN30 transportation package, originally included
structural analysis, thermal analysis, and containment design, those
areas are not impacted by the change in enrichment levels. According
to UUSA, the only areas impacted by the change from 5 wt. percent U-
235 to less than 10 wt. percent U-235 are the areas of external dose
rate analysis (i.e., shielding analysis) and criticality safety
analysis. The staff agrees with this assessment because there are no
physical or design changes to the package, and because the maximum
quantity of material per 30B cylinder is within the contents allowed
per CoC No. 9362, Revision No. 5, and ANSI N14.1 for the 30B
cylinder. Therefore, the staff's evaluation focused on impacts of
the exemption request in the areas of criticality safety and
external radiation dose rate.
In support of this exemption request, UUSA asserts that issuance
of the exemption would not endanger life or property because UUSA
has determined, based on criticality and external dose rate analyses
(i.e., shielding analysis), that CoC No. 9362, and specifically, the
30B cylinders in the DN30 transportation package, with contents
greater than 5 wt. percent U-235 but less than 10 wt. percent U-235,
continue to meet the 10 CFR part 71 requirements. Additionally, UUSA
is only seeking the exemption to apply for the domestic transport of
approximately 40 to 50 30B cylinders of UF<INF>6</INF> enriched to
greater than 5, but less than 10 wt. percent U-235 in calendar years
2026 through 2027 to a single customer. UUSA's application indicates
that, under the exemption, the UF<INF>6</INF> mass per 30B cylinder
would be limited to 2,277 kg UF<INF>6</INF>; the CSI for shipment
under this exemption would be 16.6.
Shielding Evaluation (i.e., External Dose Rate Evaluation)
The staff reviewed the shielding (i.e., external dose rate)
evaluation submitted by UUSA in support of its request for the
exemption. The applicant seeks authorization to use CoC No. 9362,
and specifically, to use the 30B cylinder within the certified DN30
transportation package for domestic transport of UF<INF>6</INF>
enriched to greater than 5 but less than 10 wt. percent U-235.
Currently, the terms and conditions of CoC No. 9362, Revision No. 5,
limit the contents of the transportation package to UF<INF>6</INF>
enriched to no more than 5 wt. percent U-235.
To support the request, the applicant performed a conservative
external dose analysis assuming an enrichment of higher than 10 wt.
percent U-235. This is considered conservative because the exemption
request is limited to UF<INF>6</INF> enriched up to 10 wt. percent
U-235. The staff's review evaluated whether the package meets the
acceptance criteria outlined in section 5 (Shielding Evaluation) of
NUREG-2216, ``Standard Review Plan for Transportation Packages for
Spent Fuel and Radioactive Material: Final Report.''
Relying on the existing CoC No. 9362 package design, the
applicant performed the external dose rate evaluation using MCNP6, a
general-purpose, three-dimensional, continuous-energy Monte Carlo N-
Particle code verified for radiation transport applications. The
calculations employed the F5 point detector tally for dose rate
estimation, and fluxes calculated by MCNP6 were converted to dose
rates using the American National Standards Institute (ANSI)/
American Nuclear Society (ANS) 6.1.1, ``Neutron and Gamma-Ray Flux-
to-Dose-Rate Factors,'' 1977. The staff found the use of the F5
tally acceptable because it calculates fluence (or flux) at a
specific point in space using a next-event estimator, which
determines the contribution to the tally from each interaction point
based on the particle's weight rather than averaging over a volume.
The applicant calculated neutron and gamma source terms using
2,277 kilograms (kg) of UF<INF>6</INF>, representing the maximum
fill limit for a 30B cylinder per ANSI N14.1-2019, ``For Nuclear
Materials--Uranium Hexafluoride--Packagings For Transport,'' and
included 11.3 kg of heel material for
[[Page 33769]]
photon contribution only, which is the maximum allowable heel amount
per ANSI N14.1-2019. Source term calculations were performed using
the SCALE/ORIGEN-S code for uranium enriched to higher than 10 wt.
percent U-235. The 30B cylinder configuration was modeled in
accordance with ANSI N14.1 specifications. The staff reviewed
multiple sets of calculations for both filled and heeled 30B
cylinders under normal conditions of transport (NCT) and
hypothetical accident conditions (HAC).
For NCT, the applicant modeled the radiation source using a
conservative modeling approach. Photon and neutron dose rates were
calculated at the package surface and at a distance of 1 meter (m)
from the package, assuming a fully filled 30B cylinder containing
2,277 kg of UF<INF>6</INF> enriched to higher than 10 wt. percent U-
235. For HAC calculations, the applicant did not credit the
shielding provided by the 30B cylinder or the overpack materials.
Instead, the source was modeled as unshielded UF<INF>6</INF> in a
conservative arrangement.
The applicant calculated maximum external radiation levels under
routine transport conditions, as presented in table 10 of the
shielding evaluation in the application. Dose rates were evaluated
at the package surface and at a distance of 1 m for UF<INF>6</INF>
enriched to higher than 10 wt. percent U-235, to present a
conservative calculation as the exemption request is limited to
UF<INF>6</INF> enriched up to 10 wt. percent U-235. Even when
calculated using a UF<INF>6</INF> enriched to higher than 10 wt.
percent U-235, all calculated dose rates comply with the limits
specified in 10 CFR 71.47. Specifically, calculations concluded that
the maximum dose rate at the package surface was less than 15
millirem per hour (mrem/hr), which is below the regulatory limit of
200 mrem/hr, and the maximum dose rate at 1 m was less than 8 mrem/
hr, which is below the regulatory limit of 10 mrem/hr.
Based on its review, the staff has determined that the shielding
evaluation is acceptable and demonstrates that the exemption does
not result in external radiation levels that exceed regulatory
limits under normal or hypothetical accident conditions. The
applicant's evaluation, and the staff's review were based on
information already publicly available on the existing CoC No. 9362,
Revision No. 5, which includes the DN30 transportation package
design and the existing 30B cylinder. As a result of this fact, a
condition has been added to the exemption requiring that there be no
physical or design modifications made to the package. The staff
concludes that the exemption, with the addition of a condition
ensuring no physical or design changes are made to the package,
demonstrates compliance with the applicable regulatory requirements
in 10 CFR part 71.
Criticality Evaluation
The staff reviewed the applicant's criticality analysis for the
DN30 transportation package (i.e., CoC No. 9362) containing ANSI
N14.1 certified UF<INF>6</INF> cylinders (i.e., 30B cylinders) with
UF<INF>6</INF> enriched up to 10 wt. percent U-235 provided in UUSA
calculation CALC-S-00166, ``Criticality Safety Calculation in
Support of 30B Cylinder Domestic Transportation Exemption Request.''
The applicant evaluated single packages and package arrays under NCT
and HAC, consistent with the transportation criticality safety
requirements of 10 CFR 71.55 and 10 CFR 71.59.
For the single package analyses under 10 CFR 71.55, the
applicant considered a conservative representation of a 30B
cylinder, containing UF<INF>6</INF> enriched to 10 wt. percent U-
235, under NCT and HAC. The applicant incorporated a similar
approach used by Oak Ridge National Laboratory (ORNL) to model the
30B cylinder in ORNL/TM-2020/1725, ``Assessment of Existing
Transportation Packages for Use with HALEU,'' and ORNL/TM-2021/2043,
``Analysis of the 30B UF<INF>6</INF> Container for Use with
Increased Enrichment.''
For the package array analysis under NCT (10 CFR 71.59), the
applicant considered varying arrays of multiple packages, using the
most reactive configuration of the package from the single package
analysis. The applicant evaluated varying low water densities in
between packages, consistent with rain or snow. Additionally, the
applicant evaluated the presence of a maximum credible amount of
hydrogenated uranium residues (HUR).
For the package array analysis under HAC (10 CFR 71.59), the
applicant considered varying arrays of multiple damaged packages,
using the most reactive configuration of the package from the single
package analysis. The applicant conservatively assumed that the DN30
transportation package overpack is not present after accident
conditions. The applicant evaluated varying water density between
packages to determine the most reactive interstitial moderator
density and assumed full water reflection of the array. The
applicant also evaluated the presence of a credible amount of HUR.
For all criticality calculations, the applicant modeled the
package using the MCNP6 Monte Carlo N-Particle transport code, with
the continuous-energy ENDF/B-VII nuclear data library. The MCNP6
code with ENDF/B-VII nuclear data is a standard in the nuclear
industry for performing Monte Carlo criticality safety and radiation
shielding calculations.
Section 6.0 of CALC-S-00166 shows results of the applicant's
criticality calculations for single packages and arrays of packages
under NCT and HAC. The results demonstrate that neutron
multiplication (i.e., k<INF>eff</INF>) values are maintained below
the applicant's calculated upper subcritical limit (USL) for the
single package under NCT and HAC and arrays of packages under NCT,
when limited to the maximum certified capacity of the 30B cylinder
of 2,277 kg and a maximum uranium enrichment of 10 wt. percent U-
235. For arrays of packages under HAC, the applicant's results
demonstrate that the maximum system k<INF>eff</INF> remains below
the USL, as shown in table 8 of CALC-S-00166. NRC staff, with
support from contractors at Oak Ridge National Laboratory, performed
confirmatory analyses based on the applicant's calculation, and on
the analyses previously performed by ORNL in ORNL/TM-2020/1725 and
ORNL/TM-2021/2043. These confirmatory analyses indicate a
criticality safety index (CSI) of 16.6, calculated in accordance
with the requirements of 10 CFR 71.59 for package arrays.
The applicant benchmarked the MCNP6 code with the continuous-
energy ENDF/B-VII nuclear data library for their analysis in UUSA
report NCS-REP-002-06, ``Urenco USA (UUSA) MCNP6 Validation.''
Although this validation report is for benchmarking of fuel facility
analyses, the applicant applied the USL determined in this report
with an additional administrative margin to UF<INF>6</INF> cylinders
in transport. The transportation scenarios evaluated by the
applicant are within the area of applicability of the benchmarking
analysis, in terms of enrichment and hydrogen-to-uranium ratio. The
USL cited in NCS-REP-002-06 was based on the smallest
k<INF>eff</INF> value of the evaluated critical experiments,
consistent with the recommendations for non-normal benchmarking
k<INF>eff</INF> values in NUREG/CR-6698, ``Guide for Validation of
Nuclear Criticality Safety Calculational Methodology.'' Oak Ridge
National Laboratory performed confirmatory sensitivity/uncertainty
analyses of the applicant's selected critical benchmark experiments
using the TSUNAMI/IP sequence of the SCALE computer code system.
This analysis demonstrated that: (1) none of the selected critical
benchmark experiments had similarity coefficients (c<INF>k</INF>)
greater than 0.8; and (2) the estimated nuclear data induced
uncertainty, was greater than 1 percent (%) in k<INF>eff</INF>. For
staff confirmatory analyses, the staff increased this uncertainty to
2%, to determine a new USL.
The staff evaluated the applicant's calculated k<INF>eff</INF>
values by comparison to similar analyses conducted by ORNL in ORNL/
TM-2021/2043. In this report, ORNL evaluated single 30B cylinders
and arrays of cylinders containing UF<INF>6</INF> with uranium
enrichments up to 20 wt. percent, with internal and external
moderation conditions like those considered by the applicant. Oak
Ridge National Laboratory's analyses resulted in higher
k<INF>eff</INF> values than those determined by the applicant for
similar systems, and maximum k<INF>eff</INF> values higher than the
revised USL cited above. However, subsequent confirmatory analyses
by ORNL and NRC staff for HAC arrays smaller than evaluated by the
applicant, considering actual UF<INF>6</INF> fill mass in the
cylinder and actual expected UF<INF>6</INF> density, demonstrated
that the HAC array resulted in k<INF>eff</INF> values below the
revised USL.
The staff reviewed the applicant's exemption request, including
criticality analyses of the DN30 transportation package containing
ANSI N14.1--certified 30B cylinders with UF<INF>6</INF> enrichments
up to 10 wt. percent U-235. The staff's review was based on
information already publicly available on the existing CoC No. 9362,
Revision No. 5, which includes the DN30 transportation package
design and the existing 30B cylinder. The staff confirmed that the
applicant's analysis, supplemented by additional ORNL and staff
analyses, demonstrates that single DN30 transportation packages and
arrays of packages containing 30B cylinders with UF<INF>6</INF>
enrichments up to 10 wt. percent U-235 will
[[Page 33770]]
be adequately subcritical. This determination is based, in part, on
the applicant's analysis and the conservatism present in ORNL and
staff confirmatory analyses, and the limited duration and number of
shipments for this exemption. Because the staff's determination is
based, in part, on these limitations, they are imposed as conditions
of the staff's approval of this exemption. Additionally, the staff
agrees that the calculated CSI of 16.6, based on the applicant's NCT
and HAC package array analysis supplemented by ORNL and staff
analyses, is acceptable, and is therefore also included as a
condition to this exemption. With the analysis provided, and the
conditions as noted, the staff finds the application provides
reasonable assurance that the package, with the requested contents,
will meet the criticality safety requirements of 10 CFR part 71.
Information Submission on First Use
Urenco USA also requested an exemption from 10 CFR 71.13(c),
which requires the submission of information upon first use of a
transportation package. Because there are no physical or design
changes to CoC No. 9362 as part of this exemption request, and
because UUSA has already submitted the information necessary as part
of the first use of CoC No. 9362, the staff approves of the
applicant's request to be relieved from this requirement.
Conclusion
The staff reviewed UUSA's exemption request and concludes that,
with the conditions provided in the application, and imposed as
conditions of approval of this exemption, the use of CoC No. 9362,
Revision No. 5, with UF<INF>6</INF> contents greater than 5 wt.
percent U-235 but less than 10 wt. percent U-235 will not affect the
ability of the transportation package to meet the criticality or
shielding safety requirements of 10 CFR part 71. The staff's
evaluation focused only on information already publicly available on
the existing CoC No. 9362, Revision No. 5. Based on these
evaluations, the staff has concluded that granting this exemption
will be consistent with the requirements of 10 CFR part 71 and will
not endanger life or property.
C. The Exemption Will Not Endanger the Common Defense and Security
In addition, UUSA asserts that issuance of the exemption would
not endanger the common defense and security because the authorized
limit for the 30B cylinder within the DN30 transportation package
proposed by the exemption request would be less than 10 wt. percent
U-235 enrichment. At a maximum authorized enrichment of less than 10
wt. percent U-235 enrichment, the low enriched uranium remains
classified as Category III, the lowest risk category with the lowest
security provisions. Therefore, according to UUSA, because of the
low risk of theft or unauthorized diversion of the low enriched
uranium, the contents of the package as approved under this
exemption would not present a challenge to the common defense and
security.
The staff reviewed UUSA's exemption request and determined that
issuance of the exemption authorizing use of CoC No. 9362 for
transport of UF<INF>6</INF> enriched to less than 10 wt. percent U-
235, does not impact the current classification of the material for
security requirement purposes. The contents of the package under the
exemption will be less than 10 wt. percent U-235, and thus, will be
subject to, and continue to, meet the same security requirements
currently in place. The NRC staff has determined that application of
these requirements will provide adequate protection and is not
inimical to the common defense and security. Therefore, the NRC
staff finds that the proposed exemption does not endanger the common
defense and security, as required by 10 CFR 71.12.
IV. Environmental Consideration
The NRC staff also considered in the review of this exemption
request whether there would be any significant environmental impacts
associated with the exemption. For this proposed action, the NRC
staff prepared an environmental assessment pursuant to 10 CFR 51.30.
The environmental assessment concluded that the proposed action
would not significantly impact the quality of the human environment.
Accordingly, the NRC determined that a finding of no significant
impact is appropriate, and an environmental impact statement is not
warranted. The environmental assessment and finding of no
significant impact was published on April 15, 2026 (91 FR 20180). A
revised environmental assessment and finding of no significant
impact was published on May 26, 2026 (91 FR 30733), to account for a
change in the exemption that did not result in changes to the
potential environmental impacts.
V. Conditions
The following conditions apply to the exemption request:
1. No physical or design changes to the DN30 transportation
package (CoC No. 9362, Revision No. 5) are authorized by this
exemption.
2. The exemption is limited to the domestic transport of
approximately 40 to 50 30B cylinders of UF<INF>6</INF> enriched to
greater than 5, but less than 10 wt. percent U-235 in calendar years
2026 through 2027 to a single customer.
3. The UF<INF>6</INF> mass limit per 30B cylinder is limited to
2,277 kg UF<INF>6</INF>.
4. The CSI for shipment under this exemption is 16.6.
VI. Conclusion
Based on the foregoing considerations, the NRC staff has
determined that, pursuant to 10 CFR 71.12, the exemption is
authorized by law and will not endanger life or property or the
common defense and security. Therefore, the NRC grants the applicant
an exemption from the requirements of 10 CFR 71.17(c)(2) and
71.17(c)(3), which will allow for the use of CoC No. 9362 for
limited domestic shipments of UF<INF>6</INF> enriched to greater
than 5 wt. percent U-235 but less than 10 wt. percent U-235, in the
30B cylinder within the DN30 transportation package, despite not
being in compliance with certain terms and conditions in CoC No.
9362, Revision No. 5; and will relieve the applicant from submitting
information on first use of the package.
No physical or design changes to the DN30 transportation package
(i.e., CoC No. 9362) are authorized by this exemption. This
exemption is limited to the transport of UF<INF>6</INF> enriched to
greater than 5, but less than 10 wt. percent U-235, in 30B cylinders
within the DN30 transportation package (CoC No. 9362) only for
domestic delivery of UF<INF>6</INF> and specific near-term planned
transportation of approximately 40 to 50 cylinders in calendar years
2026-2027 to a single customer. Also, the UF<INF>6</INF> mass limit
per 30B cylinder is limited to 2,277 kg UF<INF>6</INF>. The CSI for
shipment under this exemption is 16.6.
Based on the statements contained in the application, and the
conditions listed above, the staff concludes that the changes
indicated do not affect the ability of the package to meet the
requirements of 10 CFR part 71.
This exemption is effective upon issuance.
Dated: May 29, 2026
For the Nuclear Regulatory Commission.
/RA/
Shana Helton,
Director, Division of Fuel Management, Office of Nuclear Material
Safety, and Safeguards.
[FR Doc. 2026-11192 Filed 6-3-26; 8:45 am]
BILLING CODE 7590-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.