ML19350A033
| ML19350A033 | |
| Person / Time | |
|---|---|
| Issue date: | 12/20/2019 |
| From: | Andrea Kock Division of Fuel Management |
| To: | Mccullum R Nuclear Energy Institute |
| Bowen J | |
| References | |
| Download: ML19350A033 (3) | |
Text
December 20, 2019 Mr. Rodney McCullum, Sr. Director Decommissioning and Used Fuel Program Nuclear Energy Institute 1201 F Street, NW, Suite 1100 Washington, DC 20004
SUBJECT:
RESPONSE TO NUCLEAR ENERGY INSTITUTE WHITE PAPER - DEFINING SPENT FUEL PERFORMANCE MARGINS, DATED NOVEMBER 8, 2019
Dear Mr. McCullum,
I am responding to your letter dated November 8, 2019 (Agencywide Documents Access and Management System [ADAMS] Accession No. ML19318D970). Enclosed with your letter, was a white paper outlining proposed risk informed enhancements to the regulatory framework for spent nuclear fuel storage and transportation systems (ADAMS Accession No. ML19318D971).
You presented your plan for the paper during an April 23, 2019, public meeting (ADAMS Accession No. ML19126A027), and the paper was discussed during a November 18, 2019, public meeting (ADAMS Accession No. ML19340A663).
The Nuclear Regulatory Commission (NRC) embraces the concept of applying risk principles and operating experience to identify areas of safety margin and to focus the NRCs reviews of spent fuel dry storage and transportation systems on the most safety significant issues. In this regard, the NRC agrees with the philosophy outlined in the white paper. The NRC also agrees that changes and improvements can be made without the need to pursue rulemaking.
Additional discussion is needed before the staff can offer a perspective on the specific recommendations outlined in the Nuclear Energy Institute (NEI) white paper. The NRC supports holding a series of workshops in 2020 to expand on the individual recommendations outlined in the white paper. The staff envisions these workshops will provide a forum to discuss each recommendation, explore the benefits and viability, discuss anticipated schedule and resource needs, prioritize planned activities, and align on next steps.
The NRC intends to host the first workshop on January 22, 2020. A goal for this initial discussion is to reach a common understanding of the cost-benefit associated with each recommendation along with the proposed regulatory product or outcome. The other goal for this initial workshop is a prioritization and path forward for future interactions associated with each of the recommendations. The staff anticipates discussion of NEIs plans for the recommendations listed in the white paper under Category 1, Actions that industry can take within the confines of existing regulations and guidance, and Category 2, Actions that NRC can take by tailoring their regulatory guidance as well as their review and inspection practices to recognize the existence of performance margin. Several of the items outlined are the subject of ongoing or planned initiatives, and an understanding of the correlation to these initiatives is needed. In addition, the interdependency of several of the recommendations will need to be resolved, particularly those listed under Category 3 in the NEI white paper, Actions that will need industry and NRC to engage in a dialogue to develop improved regulatory tools and guidance.
R. McCullum 2 During the November 18, 2019, public meeting on the rulemaking activities associated with petition for rulemaking (PRM) 72-7, Petition to Amend 10 CFR Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor Related Greater-Than-Class C Waste, industry representatives communicated that the efficiencies sought under the PRM could be achieved through implementation of the recommendations in the white paper. During the January 22, 2020, workshop, it will be helpful for industry to provide perspectives on whether aspects of the rulemaking activities currently underway should be modified or terminated based on activities that will be undertaken in response to the white paper.
It is likely that evaluation of the specifics of several of the items identified in the white paper will fall outside formal NRC processes (e.g., petition for rulemaking, topical reports). Following the initial workshop, to ensure appropriate agency resources are available for continued support of the effort, NEI should consider the following: (1) NEI will be billed for the NRCs effort to disposition each issue that will not be addressed under a formal NRC process, or (2) NEI should submit a fee exemption request for these issues. Furthermore, several NEI actions were identified during the April 23, 2019, public meeting (outlined in the meeting summary). An industry update on the status of these actions during the January 22, 2020, workshop will also help inform the prioritization and path forward on the recommendations outlined in the NEI white paper.
Thank you for your continued interest in the NRCs spent fuel regulatory approaches. We look forward to working with NEI and other stakeholders to explore the issues in your November 8, 2019 letter. Additional details on the meeting logistics for the initial workshop will be provided in the coming weeks. Please contact me, Christopher Regan, or Jeremy Bowen of my staff if you need additional information.
Sincerely,
/RA/
Andrea L. Kock, Director Division of Fuel Management Office of Nuclear Materials Safety and Safeguards
R. McCullum 2 LETTER TO RODNEY MCCULLUM RESPONSE TO NUCLEAR ENERGY INSTITUTE WHITE PAPER - DEFINING SPENT FUEL PERFORMANCE MARGINS, DATED NOVEMBER 8, 2019 DATED: December 20, 2019 DISTRIBUTION:
JLubinski, NMSS RLewis, NMSS CRegan, NMSS/DFM JBowen, NMSS/DFM DDoyle, NMSS/STL YDiaz-Sanabria, NMSS/CTCF MRahimi, NMSS/MSB TTate, NMSS/NARA Project Manager ADAMS Accession Number: ML19350A033 *via e-mail OFC NMSS/DFM NMSS/DFM NMSS/DFM NAME J. Bowen* C. Regan* A. Kock DATE 12/16/2019 12/16/2019 12/20/2019 OFFICIAL RECORD COPY