ML18331A379

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1/15/2019 - NRC Presentation for Consideration of Scope of Rulemaking to Update Regulations for Future New Reactor Licensing Applications
ML18331A379
Person / Time
Issue date: 01/15/2019
From: O'Driscoll J
Office of Nuclear Material Safety and Safeguards
To:
James O'Driscoll 415-1325
References
10 CFR Part 50, 10 CFR Part 52, NC-2009-0196
Download: ML18331A379 (24)


Text

ADAMS Accession No. ML18331A379 Consideration of Scope of Rulemaking to Update Regulations for Future New Reactor Licensing Applications January 15, 2019

Agenda

  • Opening Remarks
  • Staff Presentation

- Background

- Staff Scoping Activities

  • Stakeholder Presentations
  • Discussion
  • Next Steps
  • Closing Remarks 2

Purpose of Meeting

  • Discuss the staffs plans for determining the scope
  • Solicit ideas regarding what should be considered
  • NRC will consider the input received, but will not prepare written responses 3

Opening Remarks Fred Brown Director NRO 4

NRC Staff Presentation 5

Rulemaking Process Identify Regulatory Proposed Final Rule need for Basis Rule rulemaking Described in

  • Foundation of
  • Proposed rule *Final rule text SECY-15-0002 effective text rulemaking Commissions
  • Public meeting direction in
  • 75 day public SRM-SECY comment period 0002 (typically)

Opportunities for public participation 6

Regulatory Basis (RB)

  • NRC requires a RB for sound, informed decision-making throughout the rulemaking process

- RB describes the technical, legal and policy issues and the staffs consideration of options to resolve the issues

- A cost/benefit analysis of options will be developed as part of the RB 7

Current Activities

  • Staff is engaging in rulemaking as a result of SECY-15-0002 Proposed Updates of Licensing Policies, Rules and Guidance for Future New Reactor Applications:

- Approved recommendations on alignment of 10 CFR Parts 50 and 52 (Enclosure 1 of SECY-15-0002)

- Part 52 lessons learned that have unnecessarily challenged staff, applicants and licensees (Enclosure 2 of SECY-15-0002)

- Transformational changes, some of which were not included in SECY-15-0002 8

Improving Alignment Between New Reactor Licensing Processes (Enclosure 1 of SECY-15-0002)

- Commissions guidance given in the Policy Statement on Severe Reactor Accidents Regarding Future Designs and Existing Plants

- Other Commission direction provided in response to SECY-89-013, SECY-90-016, and SECY-93-087

  • SRM-SECY-15-0002, which approved the staffs recommendations, confirmed that the policy issues applied to Part 52 applications should also be applied to Part 50 applications 9

Parts 50 and 52 Alignment (Enclosure 1 of SECY-15-0002, continued)

  • In the rulemaking, staff will consider revising the regulations in 10 CFR Part 50 for new power reactor applications to more closely align with requirements in 10 CFR Part 52, such as:
a. Develop a plant-specific PRA, submit appropriate information describing that analysis as part of the CP and OL submittals, and maintain and upgrade the PRA throughout the duration of the operating license
b. Address the TMI requirements of 10 CFR 50.34(f), with the same exceptions given for 10 CFR Part 52 applications
c. Provide a description of design features for prevention and mitigation of severe accidents
d. Provide a description and analyses of fire protection design features and describe fire protection plans 10

Part 52 Lessons Learned (Enclosure 2 of SECY-15-0002)

  • Provided examples in the following areas

- Corrections

- Clarifications

- New Requirements

  • Staff identified approximately 150 scope items that are being evaluated

- Focusing on issues to consider that have unnecessarily challenged staff, applicants and licensees

  • Design certification renewal review (ABWR experience)
  • Errors in a certified design while reviewing a COL application
  • Certified information that is referenced in the design certification rule (i.e., Tier 1 information) 11

Transformational Changes (not in the scope of the SECY)

  • What other changes could be considered to Part 52 to improve effectiveness and efficiency while maintaining safety and security?

- Expiration date of certification

  • Impact on renewal regulations
  • Impact on amendment regulations
  • Impact on being referenced by a COL applicant

- When would certification need to be updated, if at all?

- Would any provisions need to be added to Part 52?

- Design certification change process

  • Impact on standardization 12

Transformational Changes (not in the scope of the SECY- continued)

  • What other changes could be considered to Part 52 to improve effectiveness and efficiency while maintaining safety and security?

- Clarify meaning of essentially complete design phrase in 10 CFR 52.47(c)(1)

- Requirements to address SRP in effect 6 months before application submitted

  • Burden to produce this report vs. benefit to have during review 13

Stakeholder Presentations and Remarks 14

Open Discussion 15

Questions

  • What elements of the Part 50 licensing process should be aligned with the Part 52 licensing process to achieve equivalent outcomes under both new reactor application review processes? What elements of the Part 50 licensing process should not be aligned with the Part 52 licensing process?

16

Questions

  • What elements of the Part 52 licensing process should be changed to address difficulties encountered during previous licensing reviews and provide more effective and efficient reviews for future applications?

17

Questions

  • What transformational changes can be implemented in the Part 52 licensing process, which would improve effectiveness and efficiency within the framework of reasonable assurance of adequate protection of safety and security?

18

Next Steps

  • Staff will consider your feedback from this meeting

- Determine the scope of the regulatory basis (late March 2019)

- Communicate path forward to the Commission

- Develop the draft RB (second quarter 2020)

  • The draft RB will be issued for public comment
  • Hold additional stakeholder meetings if needed 19

How to stay involved?

  • The meeting materials and meeting summary will be posted soon
  • Search regulations.gov on the docket ID above 2020

Questions & Feedback Jim ODriscoll, Project Manager Division of Rulemaking Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Email: James.ODriscoll@nrc.gov Phone: 301-415-1325 21

How did we do?

  • Link to NRC Public Meeting Feedback form:

22

References Document Title ADAMS Accession Number/

FR Citation SECY-15-0002, Proposed Updates of Licensing Policies, Rules and ML13277A420 Guidance for Future New Reactor Applications SRM-SECY-15-002, Staff Requirements-SECY-15-002-Proposed ML15266A023 Updates of Licensing Policies, Rules and Guidance for Future New Reactor Applications Policy Statement on Severe Reactor Accidents Regarding Future 50 FR 32138 Designs and Existing Plants SECY-89-013, Design Requirements Related to the Evolutionary ML003707947 Advanced Light Water Reactors, dated January 19, 1989 SECY-90-016, Evolutionary Light Water Reactor (LWR) Certification ML003707849 Issues and Their Relationship to Current Regulatory Requirements, dated January 12, 1990 SECY-93-087, Policy, Technical, and Licensing ML003708021 Issues Pertaining to Evolutionary and Advanced Light-Water Reactor (ALWR) Designs, dated April 2, 1993 Bipartisan Policy Center Report Recommendations on the New Reactor ML13059A240 Licensing Process 23

Acronyms ABWR Advanced Boiling Water Reactor ADAMS Agencywide Documents Access and Management System CFR Code of Federal Regulations COL Combined License CP Construction Permit DC Design Certification DCD Design Certification Document NEI Nuclear Energy Institute NRC Nuclear Regulatory Commission OL Operating License PRA Probabilistic Risk Assessment RB Regulatory Basis SOC Statement Of Considerations SRP Standard Review Plan SRM Staff Requirements Memorandum TMI Three Mile Island 24