ML18263A145

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NRR E-mail Capture - Slides for 9/26/18 Public Meeting to Discuss Potential Revisions to the Enforcement Discretion (Noed)Guidance and Solicit Stakeholder Feedback Regarding Process Improvements
ML18263A145
Person / Time
Issue date: 09/13/2018
From: Ed Miller
Special Projects and Process Branch
To: Wetzel B
Nuclear Energy Institute
References
Download: ML18263A145 (15)


Text

1 NRR-DMPSPEm Resource From:

Miller, Ed Sent:

Thursday, September 13, 2018 8:13 AM To:

baw@nei.org

Subject:

Slides for NOED Public Meeting Attachments:

NOED revision_Public Meeting Slides.pdf

Beth, Attached are the slides I plan to present at the 9/26/18 public meeting on revisions to the NOED process. Please let me know if you have any questions in advance of the meeting. Thanks.

Ed Miller 301-415-2481

Hearing Identifier:

NRR_DMPS Email Number:

561 Mail Envelope Properties (Ed.Miller@nrc.gov20180913081200)

Subject:

Slides for NOED Public Meeting Sent Date:

9/13/2018 8:12:45 AM Received Date:

9/13/2018 8:12:00 AM From:

Miller, Ed Created By:

Ed.Miller@nrc.gov Recipients:

"baw@nei.org" <baw@nei.org>

Tracking Status: None Post Office:

Files Size Date & Time MESSAGE 234 9/13/2018 8:12:00 AM NOED revision_Public Meeting Slides.pdf 243612 Options Priority:

Standard Return Notification:

No Reply Requested:

No Sensitivity:

Normal Expiration Date:

Recipients Received:

NOED Process Revision Ed Miller - (301) 415-2481 - ed.miller@nrc.gov

Overview Why we are revising the process What works Clarifications Criteria Relocation of the guidance NOED Duration Limit Simplified Criteria Next Steps

Guidance Revision

NOED process is generally successful today and we should preserve what works -

Fundamental concept and elements are not changing

Core of process is solid

Current required and optional participants provide adequate support

Basic criteria remain valid

Clarifications

How far from end of LCO can we NOED and is there an upper limit on NOED

Relationship between NOEDs and RICT programs

Simplify Natural Phenomena portion and remove pandemic language

Follow-up LAR

Improve flow and user friendliness of the document

Criteria

Clarify and reorganize questions that are potentially duplicative or ambiguous

Improve logical flow of the criteria

Reinforce role of Amendment Process

Relocation of Guidance Currently in IMC-0410 Options considered Enforcement Manual NRR Office Instruction Regulatory Guide Stand Alone Guidance

Enforcement Manual Appendix F PROs

Appendices provide specific implementing details for portions of our enforcement function

Aligns with the policy that this process implements

Has formal change control process

Enforcement discretion is already in the enforcement policy CONs

Misaligns procedural program with process owner since NRR owns the process, but OE owns the manual.

Necessitates good communication and coordination.

NOED Duration Limit

NOED process is meant to be flexible

Setting a specific quantitative upper limit not appropriate

Amendment (or relief request) process should be used whenever possible

All NOEDS must justify why licensing process is not appropriate

NOEDs with requested duration longer than 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> require compelling justification for why an emergency LAR isnt processed during a shorter period of enforcement discretion

Relationship with RICT programs

Implementation of a RICT program is expected to reduce the need for enforcement discretion

Completion times up to 30 day backstop allows increased time for licensing solution

NOED not prohibited, but scenario where NOED is appropriate expected to be exceedingly rare

Revised Criteria Explain why a licensing process is not appropriate to address the issue. If applicable, this explanation shall address previous instances of the issue and decisions to pursue licensing solutions in the past.

Provide a description of the TSs or other license conditions that will be violated. This description shall include the time the condition was entered and when the completion time will expire.

Provide sufficient information to demonstrate that the cause of the situation is well understood including extent of condition on other related SSCs (e.g., common cause).

Revised Criteria (cont)

Provide an evaluation of all safety and security concerns associated with operating outside of the TS or license conditions that demonstrates that the noncompliance will not create undue risk to the public health and safety or involve adverse consequences to the environment. This should include, as appropriate, a description of the condition and operational status of the plant, equipment that is out of service, inoperable, or degraded that may have risk significance, may increase the probability of a plant transient, may complicate the recovery from a transient, or may be used to mitigate the condition. This evaluation shall include potential challenges to offsite and onsite power sources and forecasted weather conditions.

Revised Criteria (cont)

Provide a description of the proposed course of action to resolve the situation (e.g., likely success of the repairs) and explain how the resolution will not result in a different or unnecessary transient. This shall include the time period for the requested discretion and demonstrate a high likelihood of completion within the requested period of enforcement discretion. If the proposed course of action necessitates enforcement discretion greater than 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br />, the licensee shall justify why a longer-term solution (e.g., emergency amendment) should not be processed within the duration of a 72 hour8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> NOED.

Revised Criteria (cont)

Detail and explain compensatory actions the plant has both taken and will take to reduce risk(s), focusing on both event mitigation and initiating event likelihood. Describe how each compensatory measure achieves one or more of the following:

Reduces the likelihood of initiating events, and

Reduces the likelihood of the unavailability of redundant trains, during the period of enforcement discretion, and

Increases the likelihood of successful operator actions in response to initiating events.

Demonstrate that the NOED condition, including compensatory measures will not result in more than a minimal increase in radiological risk, either in quantitative assessment that the risk will be within the normal work control levels (ICCFP less than or equal to 5E-7 and/or ICLERP less than or equal to 5E-8) or in a defensible qualitative manner.

Revised Criteria (cont)

Confirm that the facility organization that normally reviews safety issues has reviewed and approved this request and that a written NOED request will be submitted within 2 days of the NRC staffs decision regarding the NOED.

Next Steps Finalize guidance Internal concurrence Paperwork Reduction Act Clearance Final Issuance

Schedule Public Meeting - Sept 2018 Begin Internal Concurrence - Oct 2018 Final Issuance - Dec 2018