Comment on FR Doc # 2026-12702, NRC-2025-1370-0010, from Anonymous
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Summary: The commenter suggests clarifying the language in 10 CFR 70.25 to better define "unsealed special nuclear material" by using terminology consistent with 10 CFR 70.32(c)(1). They argue this change will ensure that microreactor factories using TRISO fuel compacts are properly required to provide adequate financial assurance for decommissioning.
Comment
The requirements in 10 CFR 70.25(a)(2) and 70.25(b) should be clarified. There is no definition for “unsealed special nuclear material” in 10 CFR 70.2.
One solution would be to replace “possession and use of unsealed special nuclear material” in 10 CFR 70.25(a)(2) and 70.25(b) with: “possession and use of special nuclear material, except for use as sealed sources,” which would align with existing terminology in 10 CFR 70.32(c)(1).
Background
The term “sealed source” has a specific definition throughout 10 CFR (e.g., 10 CFR 20.1003 & 70.2). There is no definition of “unsealed special nuclear material” and that terminology can easily be misunderstood (e.g., TRISO fuel compacts may not be considered “unsealed special nuclear material” but TRISO fuel compacts are not “sealed sources”). The intent of 10 CFR 70.25(a)(2) and 70.25(b) should be to exclude “sealed sources” from the requirements of financial assurance and recordkeeping for decommissioning – not to open loopholes for microreactor factories using TRISO fuel compacts to not have adequate financial assurance for decommissioning funding.