ML18270A149
| ML18270A149 | |
| Person / Time | |
|---|---|
| Issue date: | 09/27/2018 |
| From: | Jennifer Dixon-Herrity, Mary Spencer Office of New Reactors, NRC/OGC |
| To: | |
| Webb M, NRO/DCIP | |
| References | |
| Download: ML18270A149 (6) | |
Text
ITAAC Hearing Process Schedule and Stakeholder Engagement ITAAC Closure and October 1, 2018 Hearing Process Michael Spencer, Senior Attorney Jennifer Dixon-Herrity, Branch Chief Office of the General Counsel Office of New Reactors Michael.Spencer@nrc.gov Jennifer.Dixon-Herrity@nrc.gov 2
ITAAC Closure Process ITAAC Closure Timeline All ITAAC If NRC Finds License Issued/ Complete Acceptance
- Combined licenses (COLs) include inspections, tests, Construction Begins Notification Criteria Are Met analyses, and acceptance criteria (ITAAC) to verify that the facility has been constructed and will be operated consistent with NRC safety requirements. Licensee Completes ITAAC and Notifies NRC
- Before operation may begin, the NRC staff must find that all acceptance criteria in the ITAAC are met (10 CFR 52.103(g)). NRC Inspections and ITAAC Notification Reviews
- The finding on conformance with the acceptance criteria will occur at the end of the construction period.
- This finding will be based on NRC review of licensee Operation ITAAC notifications and NRC inspections.
3 4
Hearing Opportunity Hearing Opportunity (cont.)
- The Atomic Energy Act (AEA) provides a hearing
- ITAAC hearing requests:
opportunity on whether the acceptance criteria - must be submitted within 60 days of the Notice of have been or will be met. Intended Operation
- Hearing request limited to conformance with acceptance - must demonstrate standing and include an admissible criteria. contention.
- No environmental contentions (10 CFR 51.108).
- A challenge to the ITAAC itself will not give rise to an include a prima facie showing:
admissible contention. Challenges to the ITAAC or other - A [hearing request] shall show, prima facie, that one or safety issues may be raised through other means more of the acceptance criteria in the combined license (petitions under 10 CFR 2.206, 2.802, or 52.103(f)), as have not been, or will not be met, and the specific discussed in SECY-17-0007 and the SRM. operational consequences of nonconformance that would be contrary to providing reasonable assurance of
- Federal Register Notice of Intended Operation will adequate protection of the public health and safety.
announce this hearing opportunity.
5 6 If hearing request granted ITAAC Hearing Procedures
- AEA 189: NRC shall to the maximum possible
- Based on existing hearing rules, as modified to extent issue a decision on the hearing issues by the support the accelerated ITAAC hearing schedule.
later of (a) 180 days after the Notice of Intended - Testimony and position statements will be prepared Operation, or (b) scheduled fuel load. immediately after a hearing request is granted.
- Strict deadline for the decision after any hearing.
- AEA 189: The NRC may use formal or informal
- Motions for extension of time must show unavoidable and procedures of its choosing.
extreme circumstances.
- 10 CFR 2.310(j): Procedures for an ITAAC hearing will - Regulatory deadlines were shortened.
be designated by the Commission in each proceeding.
- Eliminated summary disposition motions, contested
- The NRC published ITAAC Hearing Procedures on July motions to dismiss, and written motions in limine and 1, 2016 (81 FR 43266). These procedures (1) define motions to strike.
schedule expectations for the proceeding, and (2) - Limited interlocutory appeals and motions for provide templates for case-specific procedural orders. reconsideration.
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Interim Operation Hearing Schedule
- Hearing schedule depends on when the Notice of
- AEA 189: If a hearing request is granted, the Intended Operation is published.
Commission shall determine whether to allow interim operation. - AEA 189 requires the Notice to be published at least 180 days before scheduled fuel load (SFL).
- Interim operation is intended to prevent the ITAAC hearing
- Commission goal to publish the Notice at least 210 days from unnecessarily delaying plant operation. before SFL.
- Interim operation shall be allowed if: - Per the ITAAC Hearing Procedures, early submission of
- The Commission determines that there is reasonable uncompleted ITAAC notifications (UINs) could allow the assurance of adequate protection of the public health and Notice to be published even earlier (up to 285 days before safety during interim operation, AND SFL) if certain conditions are satisfied (discussed next slide).
- The NRC staff makes the 52.103(g) finding that all - If the Notice of Intended Operation is published earlier, the acceptance criteria are met. hearing schedule dates would be moved up accordingly.
- Publishing the Notice earlier creates schedule margin.
9 10 Early Publication of Notice of ITAAC Hearing Timelines Intended Operation (If Notice Published 210 Days Before SFL)
Days before Scheduled Fuel Load Per ITAAC Hearing procedures, NRC will try to publish Notice 225 210 150 125 95 0 15 days after UINs are submitted for all uncompleted ITAAC, if additional practical steps are taken: Notice of Hearing Staff/Licensee Commission Decision on Scheduled Fuel Load
- NRC informally apprised of SFL far enough in advance to Intended Operation Request Answers Hearing Request support early publication of the Notice. Track 1 - 89 (+/-5) days*
- Vogtle license condition requires periodic updates on SFL. Written direct/rebuttal testimony, Uncompleted ITAAC oral hearing, initial decision
- NRC will not publish the notice of intended operation until the Notifications Due licensee has submitted a 10 CFR 52.103(a) fuel load schedule.
Track 2 - 75 (+/-5) days*
- UINs will need to specify coverage period (e.g., cover ITAAC Written direct testimony, oral hearing, initial decision completed later than 300 days before SFL).
- Any ITAAC completed before the specified coverage period will Legal Contention not be the subject of [a UIN] but will be the subject of an [ICN]. Track (<70 days)
- Includes 1 day for Legal briefs and initial
- Intent is that if an ITAAC is not covered by a UIN, it is covered by an ICN. oral hearing decision 11 12
Parallel Paths ITAAC Hearing Timelines (ITAAC Closure/Hearing/Interim Operation)
(If Notice Published 285 Days Before SFL)
Days Before Scheduled Fuel Load Days before Scheduled Fuel Load Notice of Hearing Staff/Licensee Decision on 52.103(g) Scheduled Intended Operation Request Answers Hearing Request Memo Fuel Load 300 285 225 200 170 0 210 150 125 95 0 Notice of Hearing Staff/Licensee Commission Decision on Scheduled Fuel Intended Request Answers Hearing Request Load 52.103(g)
Operation Licensee closes ITAAC and NRC verifies successful ITAAC completion Finding Track 1 - 89 (+/-5) days*
Written direct/rebuttal testimony, If hearing If hearing extends Uncompleted ITAAC oral hearing, initial decision granted ... past fuel load ...
Notifications Submitted By This Date Hearing on Whether AC Met Track 2 - 75 (+/-5) days*
Written direct testimony, ...interim operation oral hearing, initial decision Hearing Request Process is possible Interim Ops Determination Interim Operation Legal Contention Track (<70 days)
- Includes 1 day for Legal briefs and initial oral hearing decision 13 14 Prehearing Public Engagement
- The ITAAC hearing procedures state that the NRC will publish a Federal Register notice announcing a pre-clearance background check opportunity for access to SGI.
- Pre-clearance process aims to prevent background checks from Pre-Hearing becoming a barrier to public participation in the hearing process.
- The notice would be published ~420 days before SFL.
- Background check forms/fee should be submitted within 20 days.
Stakeholder - Notice will state that completion of the hearing and the 52.103(g) finding will not be delayed because of background check delays.
Interactions
- The need to know the SGI would be evaluated when a specific request for SGI is made.
- NRC plans to hold public meeting(s) on the ITAAC hearing process near the plant site about 390 days before SFL.
15 16
Prehearing Licensee Engagement
~465 days before SFL, the NRC plans to engage with the licensee on its detailed ITAAC notification schedule to support NRC schedule and resource planning.
- Includes discussing whether licensee will submit UINs early and take other steps to support early issuance of Notice of Intended Operation. Summary
- Staff would like periodic schedule updates to support the NRC processing and reviewing the submissions.
- If the licensee plans to submit a large number of ITAAC notifications at one time, the staff will encourage the licensee to submit them in a way that expedites processing.
- Staff expects continued informal engagement with licensee on the ITAAC submission schedule, particularly as the date for publishing the Notice of Intended Operation approaches.
17 18 Summary of Public Summary of Licensee Engagement With NRC Engagement With NRC
- Pre-clearance SGI Background Check
- Engagement with NRC on ITAAC Notification Schedule
- Notice published ~420 days before SFL (forms and fee should be - Begins ~465 days before SFL submitted 20 days thereafter)
- Answer to Hearing Request
- Public Meeting(s) on ITAAC Hearing Process - Due 25 days after hearing request (between 200 and 125 days
- Meeting(s) near plant site held ~390 days before SFL before SFL)
- Hearing Request
- If Hearing Request Granted
- Notice of Intended Operation published between 285 and 210 days - Litigate contentions before presiding officer before SFL (hearing requests due 60 days thereafter) - Streamlined procedures
- If Hearing Request Granted - Compressed schedule (initial decision should be issued within 94
- Litigate contentions before presiding officer days of the decision to grant the hearing request)
- Streamlined procedures
- Compressed schedule (initial decision should be issued within 94 days of the decision to grant the hearing request) 19 20
ITAAC Hearing Process - Timeline of Events Events Leading Up to the Decision on the Hearing Request Days Before SFL Event
~465 Staff Engages with Licensee on ITAAC Notification Schedule
~420 NRC Publishes Pre-Clearance SGI Background Check Federal Register Notice (FRN)
~400 (20 days after Pre-Clearance Background Check Forms and Fee Should Be FRN) Submitted
~390 Public Meeting(s) on Upcoming ITAAC Proceeding 285 to 210 NRC Publishes Notice of Intended Operation (NIO) 275 to 200 (10 days Due Date for Requests for Access to SUNSI and/or SGI after NIO) 225 to 150 (60 days Hearing Requests Due after NIO) 200 to 125 (25 days Licensee and Staff File Answers to Hearing Request after hearing request) 170 to 95 (30 days Commission Decision on Hearing Request after answers)
If Hearing Request Is Granted and Track 1 Procedures Used Days After Hearing Event Request Granted 7 Prehearing Conference 10 Scheduling Order 15 Disclosures of Documents Relevant to Admitted Contentions Identification of Witnesses NRC Staff Informs the Presiding Officer and Parties of Whether the Staff Will Participate as a Party 30 (+/- 5) Pre-filed Initial Testimony 44 (+/- 5) Pre-filed Rebuttal Testimony 51 (+/- 5) Proposed Questions for the Presiding Officer to Ask of the Other Parties Witnesses Motions for Cross-Examination/Cross-Examination Plans 56 (+/- 5) Answers to Motions for Cross-Examination 59 (+/- 5) Oral Hearing 66 (+/- 5) Joint Transcript Corrections 74 (+/- 5) Proposed Findings of Fact and Conclusions of Law (if needed) 89 (+/- 5) Presiding Officers Initial Decision (86 days to 1 day before SFL, depending on, e.g., when NIO is published). Absent good cause, initial decision that AC have been met is immediately effective.
114 (+/- 5) Petition for Review of Initial Decision 139 (+/- 5) Answer to Petition for Review