ML19289D321
| ML19289D321 | |
| Person / Time | |
|---|---|
| Issue date: | 10/17/2019 |
| From: | Office of Nuclear Reactor Regulation |
| To: | |
| Rowley J | |
| References | |
| Download: ML19289D321 (11) | |
Text
Backfitting & Forward Fitting October 17, 2019 1
- September 20, 2019 (ML18093B087)
- New
Title:
Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests
- Policy topics include:
- Backfitting, Forward fitting
- Risk-informing backfitting and forward fitting
- Communications
- Appeals 2
Backfitting
- Three justifications considered in the order presented:
- Adequate protection (includes imminent threat to public health & safety analysis)
- Compliance (cost & time considerations)
- Cost-justified substantial increase in overall protection (backfit analysis) 3
Compliance Backfitting
- Non-compliance caused by an omission or mistake of fact
- Conditions:
- Because of a staff, licensee, or third-party error/omission made at or before the determination in question, the staff:
- incorrectly perceived facts,
- performed or failed to recognize flawed analyses, or
- failed to draw inferences from those facts or analyses
- Issue is judged by the standards and practices that were prevailing at the time of the determination in question
- The facts, analyses, or inferences have now been properly perceived, performed, or drawn.
4
Forward Fitting
- Definition:
- Imposing certain new/revised requirements or interpretations as a condition of approval by the NRC of a licensee-initiated request for a licensing action when the underlying request did not propose to comply with the new/revised requirement or interpretation.
- Forward fitting applies to licensees within the scope of backfitting regulations 5
Forward Fitting Criteria
- Office Director approval
- Direct nexus to the request
- Essential to the staffs determination
- If the forward fit is unrelated to adequate protection, the NRC must consider cost before imposing the new or modified requirement or interpretation.
6
Risk-Informed Decision-Making
- All backfitting and forward fitting must be risk-informed
- Consideration of all available quantitative and qualitative risk information
- Risk information integrated with traditional regulatory approaches and support the defense-in-depth philosophy 7
Communications
- Any communication has potential to convey unjustified backfitting or forward fitting
- Regulatory guidance
- Inspection reports
- Generic communications
- Interactions with licensees
- NRC not to convey expectations outside the licensing basis unless supported with backfit or forward fit analysis 8
Appeals
- Licensees can appeal backfits and forward fits in writing
- NRC and licensee disagree whether action was backfitting/forward fitting
- Licensee believes backfitting/forward fitting was not properly justified
- First Appeal
- Office Director and Regional Administrator
- Second Appeal
- Executive Director for Operations - Panel 9
Next Steps
- SRM-SECY-18-0042 - Update:
- NUREG/BR-0058 - Regulatory Analyses
- NUREG-1409 - Backfitting Guidance
- Just-in-time training
- Office-level implementation procedures
- Training and qualification programs 10
NUREG-1409 Milestones
- OEDO and Commission review draft
- Publish draft in Federal Register for comment
- Public meeting
- Resolve feedback
- Provide final to OEDO and Commission
- Issue final 11