ML18026A396

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Meeting with Committee to Review Generic Requirements Decommissioning Rule
ML18026A396
Person / Time
Issue date: 01/04/2018
From: Alysia Bone
Office of Nuclear Material Safety and Safeguards
To:
Bone, Alysia
References
NRC-2015-0070, RIN 3150-AJ59
Download: ML18026A396 (1)


Text

CRGR Consultation Briefing: Decommissioning Rulemaking January 4, 2018; 1:00 pm PURPOSE/OUTCOME:

  • Provide an overview of the decommissioning proposed rule and staffs positions regarding backfitting PROCESS:

Background and Status:

  • SRM-SECY-14-0118 directed the staff to proceed with a power reactor decommissioning rulemaking
  • Staff issued an advance notice of proposed rulemaking on 11/19/15 - 162 comment submissions
  • Staff issued draft regulatory basis for 90-day public comment on 3/15/17; comment period ended 6/13 o Received 40 comment submissions; mostly focused on EP, DTFs, current regulatory approach to decommissioning
  • Staff revised regulatory basis and provided CA note transmitting regulatory basis to SECY on 10/27/17; 10-day review period ended 11/14/17
  • Published FRN announcing regulatory basis on 11/27/17 (ML17215A010) o Provided communications plan, EDO daily note, and press release
  • Revised preliminary draft regulatory analysis will be published ~ mid-January
  • Majority of preliminary proposed rule language complete; WG focused on SOC development - package to begin concurrence mid-January
  • Currently, no proposed requirements and associated implementation guidance documents would constitute backfitting or a violation of issue finality Discussion:

Preliminary Proposed Rule Language

  • Please see attached summary table; proposed changes to Parts 20, 26, 50, 51, 52, 72, 73, 140
  • The staff reviewed the criteria in SECY-16-0064, Enclosure 1 to determine if a CRGR review is required o Based on that review, the staff does not believe that CRGR review is required for the Decommissioning Rulemaking and the associated implementation guidance documents.
  • Overarching Philosophy:

o Provide for an efficient decommissioning process, while maintaining public health and safety; reducing the need for exemptions/amendments as much as possible o Address other decommissioning issues as deemed necessary by the staff o Use a graded approach to reflect reduction in risk (emergency preparedness, physical security, cyber security, onsite/offsite insurance) o Propose new provisions as voluntary alternatives, avoiding backfits Guidance Documents

  • Per CER requirement, any draft guidance necessary to implement the rule must be completed concurrent with the proposed rule
  • Currently, 4 draft guidance documents will be issued for comment along with the proposed rule Next Steps:
  • January 2018: Proposed rule package begins concurrence
  • April 23, 2018: Proposed rule packages due to OEDO
  • May 7, 2018: Proposed rule package due to SECY
  • ~Fall 2018: Proposed rule package published for 75-day public comment period (public meeting during this time)
  • October 2019: Draft final rule due to SECY