ML19112A183

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4/25/2019 - Category 3 Public Meeting Non-Power Production or Utilization Facility License Renewal Rulemaking, Proposed Implementation Date
ML19112A183
Person / Time
Issue date: 04/22/2019
From: Robert Beall
Office of Nuclear Material Safety and Safeguards
To:
Beall, Robert
References
NRC-2011-0087, RIN 3150-AI96
Download: ML19112A183 (30)
v • d • e


Text

Non-power Production or Utilization Facility (NPUF) License Renewal Rulemaking Proposed Implementation Date April 25, 2019

Meeting Ground Rules

  • Limit interruptions

- Turn off cell phones

- Minimize side conversations

  • Speak one at a time
  • Identify yourself when speaking

- Please state your name, organization, and your comment or question

- If you are in the meeting room please use the microphone

  • Be respectful of other speakers/participants
  • If participating by webinar please use the

- Chat function to send questions or

- Ask questions via the bridgeline at the designated opportunities.

- Please mute your phone (*6) 2

Purposes

  • To discuss the draft final Non-power Production or Utilization Facility (NPUF)

License Renewal rule implementation date and actions

  • To discuss the proposed timing for issuance of orders to licensees to convert to non-expiring licenses and submit their first FSAR update 3

Meeting Agenda

  • 1:00pm - 1:10pm:

Welcome/Introductions/Logistics

  • 1:10pm - 1:20pm: Background/status of the draft final NPUF rule
  • 1:20pm - 2:55pm: Discussion on draft NPUF implementation date and the issuance of the FSAR orders
  • 2:55pm - 3:00pm: Closing remarks 4

Providing Feedback

  • The feedback provided today will be recorded in the meeting transcript
  • Meeting minutes will be posted on www.regulations.gov under NRC Docket ID NRC-2011-0087 5

NPUF Rulemaking

Background

  • The NRC published the proposed NPUF rule for public comment on March 30, 2017 day public comment period

- Received 16 comment submissions

  • Public comments generally supported the proposed rulemaking

- 3 public meetings have been held on the NPUF rule:

  • May 24, 2017 (During the comment period)
  • January 23, 2019 (ACRS subcommittee)
  • February 6, 2019 (ACRS full committee)
  • All documentation related to the NPUF rulemaking can be reviewed on the regulations.gov website by searching for the NRC Docket ID NRC-2011-0087 6

Implementation Date

  • NPUF final rule effective date is 30 days after publication in the Federal Register

- Consistent with proposed rule effective date

  • Implementation date considerations:

- Of the 9 rulemaking objectives of the final rule, there are no immediate actions required by licensees

- Allow licensees to become familiar with the final rule content before it becomes effective 7

1. Implementation Date - Update Terms and Definitions
  • Establish a single term (non-power production or utilization facility) to capture applicable non-power facilities licensed under 10 CFR Part 50
  • Revise definitions for research reactor and testing facility
  • Make conforming changes to ensure clarity and consistency for the applicability of NPUF regulations
  • There are no 30-day implementation requirements 8
2. Implementation Date -

Eliminate License Terms

  • Exempt Class 104a and 104c NPUFs, other than testing facilities, from 40-year fixed term in 10 CFR 50.51
  • Non-expiring licenses will be put in place by orders and future renewed licenses
  • Order timing to be discussed later in presentation
  • Non-expiring licenses would be implemented after the rule's effective date; therefore, there are no 30-day implementation requirements 9
3. Implementation Date -

License Renewal Process

  • Renewed licenses will be effective immediately
  • Maintains maximum 40-year term for licenses
  • Process would apply to future renewals for these licensees; therefore, there are no 30-day implementation requirements 10
4. Implementation Date -

Require Updated FSAR Submittals

  • Extend applicability of 10 CFR 50.71(e) to NPUFs to ensure timely documentation of changes to licensing basis
  • Update timing to be established by order or regulations
  • Order timing to be discussed later in presentation
  • Updated FSAR submittals would be required after the rule's effective date; therefore, there are no 30-day implementation requirements 11
5. Implementation Date -

Amend Timely Renewal Provision

  • Create two-year timely renewal for Class 103 and testing facilities
  • Maintain 30-day timely renewal provision for certain facilities
  • Would apply to future renewals for these licensees; therefore, there are no 30-day implementation requirements 12
6. Implementation Date -

Provide an Accident Dose Criterion

  • Create new accident dose criterion for NPUFs (1 rem TEDE), other than testing facilities, in 10 CFR 50.34
  • There are no 30-day implementation requirements 13
7. Implementation Date -

Extend Applicability of 10 CFR 50.59

  • Extend applicability of 10 CFR 50.59 to NPUFs regardless of decommissioning status (fuel on or off site)
  • Clarifies existing regulations; therefore, there are no 30-day implementation requirements 14
8. Implementation Date -

Clarify Existing Environmental Reporting Requirements

  • Improves consistency and clarifies Part 51 requirements for licensing actions -

no new requirements

  • Clarifies existing regulations; therefore, there are no 30-day implementation requirements 15
9. Implementation Date - Eliminate NPUF Financial Qualification Information Requirement
  • This requirement would apply to future NPUF license renewals; therefore, there are no 30-day implementation requirements 16

Implementation of Non-Expiring Licenses

  • Class 104a and 104c licenses will not expire
  • Future initial 104a and 104c NPUF licenses issued after the effective date of the final rule will not have an expiration date 17

Implementation of Non-Expiring Licenses

  • Licenses in existence on the effective date of the final rule that have undergone a NUREG-1537 license renewal will have the expiration date removed by order
  • Licenses in existence on the effective date of the final rule that have not undergone a NUREG-1537 license renewal will be renewed without an expiration date 18

Implementation of Updated FSARs

  • All NPUF licensees must submit updated FSARs and subsequent FSAR updates

- Holders of licenses issued after the effective date of the final rule must submit an updated FSAR within 5 years of license issuance

- Holders of licenses issued before the effective date of the final rule will receive orders

- All licensees must submit subsequent updates no more than 5 years from previous update 19

Implementation of Updated FSARs For operating licenses that have had a license renewal under NUREG-1537:

  • Licensees with the most recent license renewals generally will be scheduled first for updated FSAR via order 20

Implementation of Updated FSARs Group 1 consists of licensees with the most recent license renewals using NUREG-1537

  • Updated FSAR due 1-3 years from the effective date of the final rule:

UC/Irvine U.S. Geological Survey Purdue Maryland Florida Texas*

Missouri - Columbia Massachusetts - Lowell*

North Carolina State*

Rhode Island Atomic Energy Commission Armed Forces Radiobiology Research Institute

  • Assumes license will be renewed before rule becomes effective. If not, NRC will move licensee to Group 3. 21

Implementation of FSAR Updates Group 2 generally consists of licensees with older license renewals using NUREG-1537 and any facility currently in decommissioning

  • Updated FSAR due 2-5 years from the effective date of the final rule:

Idaho State Kansas State Ohio State Oregon State Pennsylvania State Utah New Mexico Wisconsin Reed College Washington State Dow Chemical Company Texas A&M (TRIGA)

Rensselaer Polytechnic Institute Massachusetts Institute of Technology Missouri University of Science and Technology National Institute of Standards and Technology General Electric Test Reactor (GETR)*

General Atomics (2 facilities)* *Currently in decommissioning 22

Implementation of Updated FSARs Group 3 consists of licensees that have not undergone license renewal using NUREG-1537.

Aerotest UC/Davis GE-Hitachi Texas A&M (AGN)

  • Construction permit holders must submit an updated FSAR under 10 CFR 50.71(e)(3)(iv) within 5 years after issuance of the new license.

SHINE Northwest Medical 23

Subsequent FSAR Updates

  • Once a licensee has submitted its initial updated FSAR, it will be subject to the new requirement in 10 CFR 50.71(e)(4)(ii) to submit subsequent FSAR updates no more than 5 years from the date of the previous FSAR submittal

Nuclear Energy Innovation and Modernization Act (NEIMA)

  • NEIMA signed into law on January 14, 2019
  • Section 106, Encouraging Private Investment in Research and Test Reactors, amended Section 104c of the Atomic Energy Act (AEA)
  • New test to determine if utilization facilities are licensed under Section 104c (research and development) or Section 103 (industrial or commercial) of the AEA 25

Nuclear Energy Innovation and Modernization Act (NEIMA)

  • Test applies to new and renewed licenses issued to utilization facilities after January 14, 2019
  • NRC would amend 10 CFR 50.22 by a separate rulemaking to address applicability to other licensees
  • Public meeting is being planned for the fall TRTR meeting to discuss the applicability to other licensees 26

Nuclear Energy Innovation and Modernization Act (NEIMA)

  • Section 106 of NEIMA adds following to Section 104c of AEA:

- The Commission is authorized to issue licenses under this section for utilization facilities useful in the conduct of research and development activities of the types specified in section 31 in which the licensee sells research and testing services and energy to others, subject to the condition that the licensee shall recover not more than 75 percent of the annual costs to the licensee of owning and operating the facility through sales of nonenergy services, energy, or both, other than research and development or education and training, of which not more than 50 percent may be through sales of energy. 27

NPUF Final Rule Public Insights and Questions 28

Next Steps

  • The NRC staff will review the feedback from todays public meeting to determine if implementation changes are needed
  • Any implementation changes will be documented in the final rule Federal Register notice
  • The NRC staff expects to issue the final NPUF rule in late 2020

NPUF Final Rule Closing Remarks Robert.Beall@nrc.gov 301-415-3874 Duane.Hardesty@nrc.gov 301-415-3724 Alexander.Adams@nrc.gov 301-415-1127 William.Kennedy@nrc.gov 301-415-2313 30

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