ML18267A194

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(Sept 2018) Supplement to Fuel Cycle Program Integrated Schedule
ML18267A194
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Issue date: 09/18/2018
From: Dylanne Duvigneaud
Programmatic Oversight and Regional Support Branch
To:
Duvigneaud D
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Download: ML18267A194 (15)
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Supplement to Fuel Cycle Program Integrated Schedule Last Updated September 18, 2018 This supplement provides a public version of the purpose, brief overview, and background documentation available for the regulatory activities being tracked on the Fuel Cycle Cumulative Effects of Regulation Integrated Schedule. Links to the background documents have been included where possible.

Table of Contents RULEMAKINGS .........................................................................................................................2 Part 61 Proposed Rule: Low-Level Radioactive Waste Disposal ..........................................2 Part 73 Part 73-Enhanced Security for SNM .........................................................................3 Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Rulemaking ................................................................................................................4 Part 73 Cyber Security ..........................................................................................................5 Part 74 Material Control & Accounting of Special Nuclear Material .......................................7 NON-RULEMAKINGS ................................................................................................................8 Part 21 Draft Guidance ............................................................................................................8 ANS 57.11 ISA Standard ......................................................................................................9 Acute Chemical Exposures (Dermal and Ocular)...................................................................10 Financial Assurance for Material Licensees (ISG) .................................................................11 Reporting of Unplanned Contamination Events Letter ...........................................................12 RG 3.71, Nuclear Criticality Safety Standards for Nuclear Materials Outside Reactor Cores, Revision 3 ................................................................................................................13 Draft RIS - Clarification of Export Reporting Requirements for Nuclear Facilities, Equipment, and Non-Nuclear Materials .......................................................................................14 Regulatory Information Conference .......................................................................................14 Fuel Cycle Information Exchange ..........................................................................................15 1

RULEMAKINGS Part 61 Proposed Rule: Low-Level Radioactive Waste Disposal Key

Contact:

Gary Comfort, 301-415-8106.

Rulemaking for a site-specific analysis or performance assessment for the

Purpose:

disposal of depleted uranium and other long-lived isotopes in a near-surface disposal facility.

  • Proposed rule (80 FR 16082) and related guidance (80 FR 15930) were published in the Federal Register for public comment on March 26, 2015.

The comment period originally ended on July 24, 2015. It was reopened (80 Key FR 51964) on August 27, 2015 and closed on September 21, 2015.

Information

  • The final rule package was submitted to the Commission on September 15, 2016.
  • The Commission issued an SRM on September 8, 2017, directing the staff to issue a supplemental rule for comment.
  • Technical basis for proposed rule dated April 28, 2011 (ML111040419).
  • Preliminary proposed rule language dated May 2011 (ML111150205).

Documents

  • Staff requirements memorandum - SECY-13-0075 - proposed rule:

Low-Level Radioactive Waste Disposal (10 CFR Part 61) (RIN 3150-A192) dated February 12, 2014 (ML14043A371).

  • Transcript of Low-level Radioactive Waste Program Public Meeting (ML18088B087) and presentation (ML18088B012) dated March 23, 2018.
  • March 2019 day comment period on supplemental proposed rule begins.

Meeting

  • April 2019 - Public meeting to support comment period on the supplemental Information proposed rulemaking.

(Note: These dates are tentative. Additional public meetings will be conducted, as needed).

2

Part 73 Part 73-Enhanced Security for SNM Key

Contact:

Edward Lohr, 301-415-0253 and Nick Baker, 301-415-7119.

Update security regulations within Title 10 of the Code of Federal Regulations

Purpose:

(10 CFR) Part 73 that govern the security for special nuclear material at fixed sites and during transportation. Update considers material attractiveness.

  • Make generically applicable security requirements similar to those imposed by security orders issued following the terrorist attacks of September 11, 2001.
  • Consider risk insights, operational oversight, inspection activities, and international guidance (e.g., Material Attractiveness, Dose Limit Threshold, Sabotage, Safety-safeguards Interface).
  • Improve consistency and clarity.
  • Use a risk-informed and performance-based structure.

Key

  • Public comments on the draft regulatory basis in a Federal Register notice Information closed on October 17, 2014.
  • The staff reviewed the regulatory basis and determined that it provides adequate justification to initiate the rulemaking.
  • In April 2016, the Commission directed the NRC staff to suspend efforts on the Enhanced Security of SNM rulemaking. Later, the Commission directed staff to interact with DOE in order to share and discuss perspectives and ideas on the material attractiveness approach in the Enhanced Security of SNM Rulemaking. This work is on-going. As such, the staff does not anticipate that the rulemaking will resume in FY2018, but could resume in early FY2019.
  • SRM-SECY-09-0123 - "Material Categorization and Future Fuel Cycle Facility Related Security-Related Rulemaking," dated July 8, 2010 (ML101890711).

Documents

  • SRM-COMSECY-05-0058 - "Schedule and Resources for Security Rulemakings," dated November 16, 2005.
  • Part 73: Final Regulatory Basis (ML14321A007). The notice was published on April 22, 2015.

Meeting

  • None scheduled.

Information 3

Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Rulemaking Key

Contact:

Robert Beall, 301-3874 and Nick Baker, 301-415-7119.

This rulemaking will: (1) implement NRC's authority under the new section 161A of the Atomic Energy Act of 1954 (AEA), as amended, for access to enhanced weapons and associated firearms background checks; (2) modify physical security

Purpose:

event notifications; add requirements for reporting suspicious activities at power reactor facilities, at-reactor Independent Spent Fuel Storage Installations, and Category I strategic special nuclear materials facilities.

  • These proposed regulations are consistent with the provisions of the Firearms Guidelines the NRC published under section 161A with the approval of the U.S.

Key Attorney General on June 25, 2014 (79 FR 36100).

Information

  • The final rule was sent to the Commission in May 2018.
  • The staff is awaiting Commission direction.
  • Proposed rule in the Federal Register (71 FR 62664), to implement the Firearms Guidelines as part of the larger proposed power reactor security rule.
  • SRM-SECY-10-0085, Proposed Rule: Enhanced Weapons, Firearms Background Checks and Security Event Notifications (RIN: 3150-AI49), dated October 19, 2010 (ML102920342).
  • The NRC published the proposed enhanced weapons rule in the Federal Register (76 FR 6200) for public comment on February 3, 2011.
  • The NRC published the first supplemental proposed rule (78 FR 2214) to add at reactor independent spent fuel storage installation facilities as a class of designated facilities under Title 10 of the Code of Federal Regulations (10 Related CFR) 73.18(c), that would be eligible to apply for Section 161A authority.

Documents

  • SRM SECY-12-0125, dated November 21, 2012 (ML12326A653), the Commission directed the NRC staff to revise the Firearms Guidelines accordingly and to publish a supplemental proposed enhanced weapons rule for public comment.
  • On June 25, 2014, the NRC published the revised Firearms Guidelines in the Federal Register (79 FR 36100).
  • On September 22, 2015, the NRC published a second supplemental proposed rule (80 FR 57106), to conform the rulemaking with the 2014 Firearms Guidelines, which is in accordance with the Commissions direction in SRM-SECY-12-0125.

Meeting

  • September 25, 2018 - CER public meeting.

Information 4

Part 73 Cyber Security Key

Contact:

Gary Comfort, 301-415-8106 and James Downs, 301-415-7744 The Commission directed the U.S. Nuclear Regulatory Commission (NRC) staff to proceed with a proposed rulemaking to implement cyber security into Part 73 for

Purpose:

certain fuel cycle facilities. The Commission directed the rulemaking to be a high priority, expedited rulemaking that uses a graded, consequence based regulatory approach and is informed by industrys voluntary efforts.

  • The NRC staff published SECY-14-0147, Cyber Security For Fuel Cycle Facilities, in December 2014, which proposed three options to implement cyber security. These options included orders, rulemaking, or continuation of voluntary initiatives.
  • The Commission provided SRM-SECY-14-0147, Staff Requirements - SECY-14-0147 - Cyber Security for Fuel Cycle Facilities in March 2015, which directed the NRC staff to proceed with rulemaking.
  • The NRC published the Regulatory Basis and Comment Resolution document for the cyber security proposed rulemaking on March 3, 2016 (ML15355A461).
  • The NRC staff provided draft proposed rule language (ML16131A115) for discussion at a public meeting on May 19, 2016.
  • The NRC staff provided Revised Preliminary Draft Proposed Rule Language and Related Draft Regulatory Guide (ML16221A078) for discussion at a public meeting on August 25, 2016.
  • The NRC developed updated versions of the Revised Preliminary Draft Proposed Rule Language and Related Draft Regulatory Guide (ML16273A130) to address stakeholder comments. These updates were made publically available to support a presentation to the Advisory Committee on Reactor Safeguards (ACRS) sub-committee on November 2, 2016.
  • An update to the Draft Regulatory Guide (ML17031A018) was made publicly Key available to support a presentation to the ACRS sub-committee on Information February 23, 2017.
  • The staff briefed the full ACRS committee on June 8, 2017 on the draft proposed rule package (ML17145A325).
  • The proposed rule package was provided to the Office of the Executive Director for Operations (OEDO) on September 7, 2017.
  • The proposed rule package was submitted to the Commission on October 4, 2017, as SECY-17-0099 (ML17018A218). The proposed rule package consists of the Commission paper, Federal Register notice (FRN), Draft Regulatory Analysis, Draft Backfit Analysis, and Draft Environmental Assessment.
  • The staff is awaiting Commission direction.

5

  • March 2015 - SRM-SECY-14-0147, Staff Requirements - SECY-14-0147 -

Cyber Security for Fuel Cycle Facilities (ML15083A175).

  • September 4, 2015 - Federal Register Notice for Draft Regulatory Basis for Cyber Security at Fuel Cycle Facilities [Package] (ML15198A024).
  • February 18, 2016, Summary of Public Meeting to Discuss Fuel Cycle Cyber Related Security Proposed Rule Concepts (ML16054A160).

Documents

  • March 17, 2016, Public Meeting Summary Regarding [Concepts for the]

Proposed Cyber Security Rulemaking at Fuel Cycle Facilities (ML16092A124).

  • Draft proposed rule text to support the May 19, 2016, public meeting (ML16131A115).
  • Revised Preliminary Draft Proposed Rule Language and Related Draft Regulatory Guide (ML16221A078) to support the August 25, 2016 Public Meeting.
  • Updated Preliminary Draft Proposed Rule Language and Related Draft Regulatory Guide (ML16273A130) to support the November 2, 2016, (ACRS) sub-committee briefing.
  • Updated Draft Regulatory Guide (ML17031A018) to support February 23, 2017, ACRS sub-committee briefing.
  • The NRC staff prepared a draft regulatory guide, Cyber Security Programs for Nuclear Fuel Cycle Facilities, (DG-5062) (ML17145A340).
  • SECY-17-0099, submitted October 4, 2017, contains the Commission paper, Federal Register notice (FRN), Draft Regulatory Analysis, Draft Backfit Analysis, and Draft Environmental Assessment (ML17018A218).
  • January 2019 day comment period on proposed rulemaking begins.
  • January/February 2019 - Public meetings to support comment period on the Meeting proposed rulemaking.

Information (Note: These dates are tentative. Additional public meetings will be conducted, as needed).

6

Part 74 Material Control & Accounting of Special Nuclear Material Key

Contact:

Thomas Young, 301-415-5795 and Tom Pham, 301-415-7254 This rulemaking revises and consolidates the material control and accounting

Purpose:

(MC&A) requirements in order to update, clarify and strengthen them.

  • On August 28, 2018, the staff held a public meeting to discuss cumulative effects of regulation and the implementation period for the draft final rule. The Key staff is using the outcome of that meeting to inform the proposed Information implementation period in the rulemaking package.
  • The staff anticipates submitting the draft final rule and related documents to the Commission by the end of September 2018.

Related

Documents

Meeting

  • None scheduled.

Information 7

NON-RULEMAKINGS Part 21 Draft Guidance Key

Contact:

Richard Jervey, 301-415-6201.

Develop guidance for non-reactor and non-power reactor licensees on the implementation of Part 21. The draft guidance will provide clarification on key

Purpose:

definitions and describe the processes for evaluating deviations and reporting defects and noncompliance. The draft guidance would discuss commercial grade dedication and describe how this process correlates with the licensees existing quality assurance requirements.

  • The Part 21 rulemaking effort was discontinued. As directed in SRM SECY-16-0009, the Commission approved the staffs recommendation to continue Key with guidance development using the existing regulatory requirements.
  • The staff has decided to discontinue development of draft regulatory Information guidance to non-reactor and non-power reactor licensees on the implementation of Part 21.
  • The staff decided to cease its efforts on this activity.
  • Regulations.gov Clarifying Requirements in Part 21.

Related

Documents

Meeting

  • None scheduled.

Information 8

ANS 57.11 ISA Standard Key

Contact:

April Smith, 301-415-6547.

American Nuclear Society (ANS) is developing an integrated safety assessment (ISA) standard that would provide clear guidelines for licensees to

Purpose:

perform an ISA and improve the ability to identify those elements which serve as leading indicators of ISA quality.

  • Nine members of the working group met on June 25 - 28, 2018, and revised the draft standard.
  • Between July 12 and August 30, 2018, the working group chair solicited Key comments from the entire working group.

Information

  • The working group chair requested additional comments by September 26, 2018, and committed to resolve all comments by September 30, 2018, with the goal of submitting a draft for consensus committee review by mid-October.
  • www2.ans.org (search ANS 57.11)

Related (http://www2.ans.org/standards/committees/nfsc/calendar/files/ans Documents 11pins(2)-fornfscapproval.doc).

Meeting

  • None scheduled.

Information 9

Acute Chemical Exposures (Dermal and Ocular)

Key

Contact:

Marilyn Diaz, 301-415-7110.

Provide guidance for reviewing chemical hazards in the ISA and quantitative

Purpose:

standards used to assess the consequences to an individual from licensed material or hazardous chemicals produced from licensed material.

  • The draft interim staff guidance (ISG) was published in the Federal Register (80 FR 11692; March 4, 2015). Based on the public comments received, the staff revised the ISG (ML16056A301).
  • Related to this topic, staff conducted audits at each fuel cycle facility to Key gather information on the licensees chemical safety programs and Information practices. The audits were completed in July 2016.
  • Audit reports for all fuel cycle facilities were completed in December 2016.
  • The Commission Paper regarding the issuance of this ISG and any policy implications related to this guidance was submitted to the Commission in January 2017.
  • The Commission converted the information paper into a vote paper.
  • The staff is awaiting Commission direction regarding issuance of ISG.
  • Response to NEI letter regarding back-fit concern for dermal and ocular exposure standards (ML14251A150).
  • NEI letter regarding concerns related to back-fit evaluation for dermal and ocular exposure standards (ML14322B019).

Documents

  • NEI Letter to NRC Chairman regarding SECY-17-0006 Interim Staff Guidance on Evaluating Chemical Exposures at Fuel Cycle Facilities (ML17083A216).

Meeting

  • None scheduled.

Information 10

Financial Assurance for Material Licensees (ISG)

Key

Contact:

Kenneth Kline, 301-415-7075.

Provide guidance regarding inventory and efficiencies in preparing

Purpose:

decommissioning funding plans for 10 CFR Part 70 licensees.

  • New Interim Staff Guidance under development.
  • By letter dated June 27, 2016 (ML16229A175), NEI expressed concern with Part 70 reviews of DCEs primarily concerning NRCs inventory RAIs.
  • NRC held a public meeting (ML16295A049) with NEI and industry to discuss these issues.

Key

  • By letter dated January 25, 2017 (ML16307A014), NRC formally responded Information to the NEI letter. This letter also outlines a number of acceptable ways to meet the regulation.
  • The draft ISG was issued for public comment on August 1, 2018 (83 FR 37529).
  • Comments on the draft ISG are due October 5, 2018.
  • The final ISG is scheduled to be completed by January 2019.
  • NUREG-1757, Vol. 3, Rev. 1: Consolidated Decommissioning Guidance:

Related Financial Assurance, Recordkeeping, and Timeliness, (ML12048A683).

Documents

Public

  • August 1, 2018 - October 5, 2018 - Comment period on draft ISG.

Interaction 11

Reporting of Unplanned Contamination Events Letter Key

Contact:

Alayna Pearson, 301-415-1096.

Develop a letter to highlight the staff position regarding the regulatory

Purpose:

requirements contained in 10 CFR 40.60(b)(1) and 70.50(b)(1), related to reporting unplanned contamination events in radiologically controlled areas.

  • Through the use of the NEI 14-14 protocol, industry requested clarification of the definition of unplanned as it relates to the 24-hour reporting requirements described in 10 CFR 40.60(b)(1) and 70.50(b)(1).
  • Public meetings were held to discuss the reporting requirements and both the industry and the NRC staff position.

Key

  • The staff determined that existing NRC guidance is adequate regarding Information the definition of "unplanned". For this reason, the staff is not pursuing development of a Regulatory Issue Summary or an Information Notice.
  • A letter is being developed to highlight the staff position on reporting unplanned contamination events.
  • The letter will be issued in October 2018.

Documents

  • Response to Nuclear Energy Institute 14-14 Reporting Unplanned Contamination (ML17065A175)

Public

  • None scheduled.

Interaction 12

RG 3.71, Nuclear Criticality Safety Standards for Nuclear Materials Outside Reactor Cores, Revision 3 Key

Contact:

Christopher Tripp, 301-415-8741.

RG 3.71, Revision 3 provides an up-to-date guidance based on the changes that occurred with the American National Standards Institute/American Nuclear Society (ANSI/ANS-8) standards. In addition, the scope of this revision is expanded beyond 10 CFR Part 70 fuel facilities to include

Purpose:

transportation and storage facilities under 10 CFR Part 71 and 10 CFR Part 72. The NRC staff has also endorsed International Organization for Standardization (ISO) Standard 7753:1987, Nuclear Energy Performance and Testing Requirements for Criticality Detection and Alarm Systems, in this revision.

Key

  • Draft RG 3.71, Revision 3, (82 FR 40173) was published in the Federal Information Register for public comment on August 24, 2017, and the comment period closed on October 23, 2017.
  • RG 3.71, Revision 3, is scheduled to be completed in December 2018.
  • Public Comments on Draft Regulatory Guide DG-3053 Mr. Lon Paulson, GE-Hitachi/Global Nuclear Fuel - Americas (ML17352A513)

Mr. Daniel Cronin, University of Florida Training Reactor Related (ML17242A021)

Documents Mr. Ronald Lavera, U.S. Nuclear Regulatory Commission (ML18071A045)

Mr. David Erickson, Savannah River Site (ML17276A315)

Ms. Patricia Schroeder, American Nuclear Society (ML17290A355)

Mr. Nima Ashkeboussi, Nuclear Energy Institute ( ML17304A064)

Public

  • None scheduled.

Interaction 13

Draft RIS - Clarification of Export Reporting Requirements for Nuclear Facilities, Equipment, and Non-Nuclear Materials Key

Contact:

Hector Rodriguez, 301-415-6004 The purpose of the draft RIS is to clarify reporting requirements for exports of nuclear materials, equipment, and nonnuclear materials under 10 CFR Part

Purpose:

110, Export and Import of Nuclear Equipment and Material, specifically the requirements under 10 CFR 110.54(a)(1).

  • On June 8, 2018, the NRC published the draft RIS for public comment in the Federal Register (83 FR 26611). The comment period closed on Key August 7, 2018.

Information

  • One comment letter was received.
  • The staff anticipates issuing the final RIS in December 2018.

Related

  • None.

Documents Public

  • None scheduled.

Interaction Regulatory Information Conference Key

Contact:

Mollie Semmes, 301-415-7486.

The Regulatory Information Conference (RIC) is a forum that promotes open dialogue to learn valuable information about NRC Actions planned or in progress related to the regulation of nuclear power plants, other nuclear facilities, and

Purpose:

nuclear safety research. In addition, the RIC offers and environment to interact with nuclear industry leaders and share ideas, perspectives, and experiences on matters related to nuclear safety and regulation.

  • The staff is working on developing fuel cycle sessions that will be integrated Key into the 2019 RIC.

Information

  • Topic suggestions for the RIC were due September 17, 2018.
  • The RIC is held annually.

Related

Meeting

  • The next RIC will be held in March 12-14, 2019.

Information 14

Fuel Cycle Information Exchange Key

Contact:

TBD The Fuel Cycle Information Exchange (FCIX) provides an opportunity for NRC staff, industry representatives, licensees, and other stakeholders to openly

Purpose:

discuss regulatory issues of mutual interest, as they relate to key sectors of the nuclear fuel cycle.

  • FCIX 2019 will not be held. Instead there will be fuel cycle sessions at the Key 2019 RIC. Incorporating fuel cycle sessions at the RIC will streamline Information resources and open fuel cycle topics to a larger audience.

Related

Meeting

  • None scheduled.

Information 15

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