ML18346A656

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Supplement to Fuel Cycle Program Integrated Schedule - Dec 2018
ML18346A656
Person / Time
Issue date: 12/12/2018
From: Jacob Zimmerman
NRC/NMSS/DFCSE/FLB
To: Mark King
Division of Fuel Cycle Safety, Safeguards, and Environmental Review
Semmes M
Shared Package
ML18346A625 List:
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Download: ML18346A656 (12)
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Supplement to Fuel Cycle Program Integrated Schedule Last Updated December 12, 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 ANS 57.11 ISA Standard ........................................................................................................ 8 Acute Chemical Exposures (Dermal and Ocular) ...................................................................... 9 Financial Assurance for Material Licensees (ISG) .................................................................. 10 Final RIS - Clarification of Export Reporting Requirements for Nuclear Facilities, Equipment, and Non-Nuclear Materials ........................................................................................ 11 Regulatory Information Conference ........................................................................................ 12 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 no longer considers material attractiveness.

  • Make generically applicable security requirements similar to those imposed by security orders issued following the terrorist attacks of September 11, 2001.
  • Material attractiveness no longer applies
  • 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 Information

  • Public comments on the draft regulatory basis in a Federal Register notice 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. The rulemaking may resume in FY2019.
  • SRM-SECY-09-0123 - "Material Categorization and Future Fuel Cycle Facility Security-Related Rulemaking," dated July 8, 2010 (ML101890711).

Related

  • SRM-COMSECY-05-0058 - "Schedule and Resources for Security Documents Rulemakings," dated November 16, 2005.
  • Part 73: Final Regulatory Basis (ML14321A007). The notice was published on April 22, 2015.
  • Scope reduced to codifying post-9/11 security orders. See SRM-COMKLS 003 Meeting
  • None scheduled.

Information 3

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

Contact:

Robert Beall, 301-415-3874 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 CFR) 73.18(c), that would be eligible to apply for Section 161A authority.
  • SRM SECY-12-0125, dated November 21, 2012 (ML12326A653), the Related Commission directed the NRC staff to revise the Firearms Guidelines Documents 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.
  • On May 22, 2018, the draft final rule, Federal Register Notice, Environmental Assessment, and a history of the rulemaking were sent to the Commission

[ML16264A000]

  • On August 22, 2018, NEI (Bill Pitesa) provided thoughts on the rulemaking Meeting
  • None scheduled 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).
  • March 2019 day comment period on proposed rulemaking begins.
  • April 2019 - Public meetings to support comment period on the proposed Meeting 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 October 15, 2018, Draft Final Rule: Amendments to Material Control and Accounting Regulations (RIN 3150-Al61; NRC-2009-0096) was sent to the Commission and designated as SECY-18-0104.

Key

  • The implementation period of 24 months was recommended to accommodate Information licensees that may choose to prepare revisions to their MC&A plans that would be submitted to the NRC for review and approval prior to implementation of the final rule.
  • SECY-18-0104: Final Rule: Amendments to Material Control and Accounting Regulations (RIN 3150-AI61; NRC-2009-0096) ML18032A499
  • Regulations.gov Draft Guidance on Acceptable Format and Content for Fuel Cycle Facility Material Control and Accounting Plans (Docket ID NRC-2013-0195.

Related

Documents

Meeting

  • None scheduled.

Information 7

NON-RULEMAKINGS 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.

  • On November 14, 2018, the Working Group Chair presented the status of the draft standard to the Nonreactor Nuclear Facilities Committee (NNFC)

Key of ANS.

Information

  • The NNFC tasked the working group with submitting the latest draft of the standard to the NNFC by the end of December 2018, with the goal of holding a first round vote by Spring 2019.
  • 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 8

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 Commission issued SRM-SECY-17-0006 on October 29, 2018, disapproving the issuance of the 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 9

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 were submitted by October 5, 2018.
  • The final ISG is scheduled to be completed by February 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 10

Final 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 January 2019.

Related

  • None.

Documents Public

  • None scheduled.

Interaction 11

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.

  • FCSE will be hosting five RIC sessions. The schedule and session Key descriptions can be found at the link below.

Information

  • The RIC is held annually.

Related

Meeting

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

Information 12

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