ML20106F108
| ML20106F108 | |
| Person / Time | |
|---|---|
| Issue date: | 04/29/2020 |
| From: | O'Driscoll J NRC/NMSS/DREFS/RRPB |
| To: | |
| O'Driscoll J | |
| References | |
| Download: ML20106F108 (54) | |
Text
ADAMS Accession No. ML20106F108 Public Meeting:
Status of Rulemaking to Align Licensing Processes and Apply Lessons Learned from New Reactor Licensing April 29, 2020 1
Ground Rules
- This session is being transcribed. To facilitate the process, please:
- State your name before speaking
- Only one speaker at a time
- Please hold questions until after the NRC presentation 2
Todays Meeting
- Provide an update on the effort since the last public meeting on this rulemaking (Meeting summary: ADAMS Accession No. ML19344C768)
- Provide an opportunity to discuss specific items in the scope described in SECY 0084 and changes to scope of rulemaking since the issuance of the SECY
- Discuss public comments received since August 2019
- Provide an update on the rulemaking schedule 3
OPENING REMARKS Anna Bradford - Director NRR Division of New and Renewed Licenses 4
NRC STAFF PRESENTATION 5
NRC Staff Presenters Jim ODriscoll, NMSS Rulemaking Project Manager Allen Fetter, NRR Senior Project Manager 6
Purpose of the Rulemaking
- Implement Commission direction in SRM-SECY-15-0002, Proposed Updates of Licensing Policies, Rules and Guidance for Future New Reactor Applications to:
- Align the reactor licensing processes
- Improve clarity
- Incorporating lessons learned in recent licensing proceedings
- Reduce unnecessary burden on applicants and staff 7
Rulemaking Process Identify Regulatory Proposed Final Rule need for Basis Rule rulemaking Described in
- Analyze
- Proposed rule *Final rule text SECY-15-0002 alternatives for text resolution Commissions
- Public meeting direction in
- Public Meeting
- 75-day public SRM-SECY
- 75-day public comment period 0002 comment period Opportunities for public participation 8
Regulatory Basis (RB)
- A regulatory basis provides a sound foundation for 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 9
Staffs Milestones of Rulemaking Activities October 1, 2018
- Started scoping and outreach January 15, 2019
- Held public meeting July 11, 2019
- Internal alignment on the scope of RB
- Issuance of Commission Information August 27, 2019 Paper SECY-19-0084 September 20, 2019
- Held ACRS meeting 10
Staffs Milestones of Rulemaking Activities (contd)
November 21, 2019
- Held public meeting February 2020
- First draft of RB inputs completed Ongoing
- Staff and management review of inputs 11
Scope of the Regulatory Basis
- Number of items in scope: 54
- Number of alternatives evaluated: 129
- Items with rulemaking recommendation: 46
- Number of items with rulemaking and guidance development or revision: 25
- Number of guidance documents affected: 17
- Number of CFR Parts potentially affected by rulemaking: 9 12
Next Steps June 2020
- Complete the technical development of the regulatory basis November 2020
- Complete concurrence on the regulatory basis package December 2020
- Issue the regulatory basis for public comment
- Public comment period ends, staff February 2021 commence drafting the proposed rule 13
August 2019 Scoping Results
- SECY-19-0084 included the following items:
- Four alignment items
- 52 lessons learned items
- 8 additional items were corrections and addressed in the November 18, 2019 administrative rulemaking for corrections to the CFR 14
RB Scope Changes
- 4 items changed due to typos and/or inaccuracies in descriptions in SECY-19-0084
- 3 items deleted - staff decided not to recommend changes to:
- 10 CFR 52.79(a)(4), (a)(5), and/or (a)(23)
- 1 item scope expanded to include early site permits, in addition to design approvals and manufacturing licenses (changes to 10 CFR 50.109) 15
RB Scope Changes (contd)
- 1 item changed related to continuing training for operator license applicants:
- Staff decided to recommend a change to 10 CFR 55.31 rather than the original sections 10 CFR 50.54(i-l), 55.53(e) and (f), and 55.4 16
RB Scope Changes (contd)
- 1 item added:
- Staff will recommend changes to Part 50 to require new Part 50 power reactor licensees and Part 52 COL holders to notify the NRC of the completion of power ascension testing
- This item supports the proposed Part 171 rule that modifies the timing of the start of assessment of annual fees for Part 52 holders and future Part 50 power reactor licensees (85 FR 9328; February 18, 2020) 17
RB Scope - New Item
- Supports proposed rule recommended changes to amend § 171.15(a) regarding the timing of the start of assessment of annual fees
- The staff is considering two possible alternatives:
- Alternative 1: No Action - continue to rely on license conditions to require new Part 50 power reactor OLs and Part 52 COL holders to notify the NRC of completion power ascension testing
- Alternative 2: Rulemaking - amend Part 50 to include a requirement for new Part 50 power reactor OLs and Part 52 COL holders to provide timely written notification 18
Essentially Complete Design -
Possible Alternatives
- The staff is considering three possible alternatives:
- Alternative 1: No Action - leave the current guidance and regulations unchanged, resulting in the current need for further extended discussion with NRC staff and applicants in the proper interpretation of the term.
- Alternative 2: Rulemaking - recommend rulemaking to add a definition of the term essentially complete to
§ 52.1. Possible elements of this definition include:
- (1) those design elements of a plant, other than site-specific elements, that can affect its safe operation, and
- (2) sufficient design information to allow the staff to resolve all technical issues using an approach graded on safety significance 19
Essentially Complete Design -
Possible Alternatives (contd)
- Alternative 3: Guidance - this alternative would be limited to modification of the applicable guidance, RG 1.206, to define the term.
- The staff is still evaluating the costs and benefits between Alternative 2 and Alternative 3.
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Operator Licensing, Continuing Training - Possible Alternatives
- The staff is considering two possible alternatives for Continuing Training:
- Alternative 1: No Action - continue to rely on the use of regulatory exemptions, as necessary, to support operator licensing activities at cold plants
- Alternative 2: Rulemaking - pursue rulemaking to amend the regulations in order to address simulation facilities at cold plants 21
Discussion of Public Comments 22
Discussion of Public Comments
- NRC should increase the transparency of the rulemaking
- Delays in issuance of COLs due to errors in certified design 23
Discussion of Public Comments
- Changes to facility licensing basis during construction without pre-approval
- Consideration of Vogtle 3 and 4 license amendment requests in determining the scope of the rule changes 24
Discussion of Public Comments
- Defining the term essentially complete
- Further engagement on transformational changes (e.g., aligning the change process for DCs with 10 CFR 50.59 process, adding definitions of Tier 1, Tier 2, and Tier 2*
information, and reducing requirements for standardization for certified designs) 25
Discussion of Public Comments
- Current schedule for completion is not timely for near-term Part 50 or Part 52 applicants
- Schedule leaves little time between the creation of a technology-inclusive regulatory framework by 2027 required by NEIMA and effective date of this final rule (2025), creating regulatory uncertainty for applicants 26
Next Steps
- Finalize and issue the regulatory basis for public comment
- Hold public meeting during the comment period
- Consider comments received on the regulatory basis during the proposed rule phase
- Plan for additional public meeting(s) during the proposed rule phase 27
Rulemaking Schedule Issue Issue regulatory proposed Issue basis for rule for final rule comment comment
- December
- October
- November 2020 2022 2024 28
Contact Information Jim ODriscoll, Project Manager Division of Rulemaking, Environmental, & Financial Support Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Email: James.ODriscoll@nrc.gov Phone: 301-415-1325 Allen Fetter, Senior Project Manager Division of New Reactor Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Email: Allen.Fetter@nrc.gov Phone: 301-415-8556 29
How Did We Do?
- Link to NRC Public Meeting Feedback form:
https://www.nrc.gov/pmns/mtg?do=details&Code=20200416 30
How to Stay Informed and Involved
- The meeting materials and meeting summary will be posted soon
- Search regulations.gov on the docket ID NRC-2009-0196 31
SUPPORTING INFORMATION 32
References Document Title ADAMS Accession Number/ FR Citation 85 FR 9328 - Revision of Fee Schedules; Fee Recovery for Fiscal Year 2020 85 FR 9328 2/14/20 - Letter to Petitioner M. Lorton on Behalf of Algignis, Inc.; Results of PRM Sufficiency Review; ML20008D640 Petition for Rulemaking for 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants (Pkg) 11/18/2019 - 84 FR 63565 - Miscellaneous Corrections 84 FR 63565 11/21/2019 - Category 3 Public Meeting Summary RE: Regulatory Basis: Rulemaking to Align ML19344C768 Licensing Processes and Apply Lessons Learned from New Reactor Licensing (NRC-2009-0196)
Transcript of the Advisory Committee on Reactor Safeguards Regulatory Policies & Practices-Part 50 ML19294A009 52 Meeting - September 20, 2019.
SECY-19-0084, Status of Rulemaking to Align Licensing Processes and Lessons Learned from New ML19161A169 Reactor Licensing (RIN 3150-AI66)
SECY-19-0034, Improving Design Certification Content ML19080A034 33
References (contd)
Document Title ADAMS Accession Number/ FR Citation Summary of January 15, 2019 Public Meeting to Discuss the Proposed ML19023A046 Rulemaking to Align the Regulations in Parts 50 and 52 to Address Updates to the Licensing Processes and Lessons Learned for Future New Reactor Applications, 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 Updates ML15266A023 of Licensing Policies, Rules and Guidance for Future New Reactor Applications Policy Statement on Severe Reactor Accidents Regarding Future Designs 50 FR 32138 and Existing Plants SECY-89-013, Design Requirements Related to the Evolutionary Advanced ML003707947 Light Water Reactors, dated January 19, 1989 SECY-90-016, Evolutionary Light Water Reactor (LWR) Certification Issues ML003707849 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 34
Administrative Corrections 10 CFR Description
§ 2.627 The references to § 2.617 in § 2.629(b) and § 52.83(b) should be to § 2.627.
Part 52 Appendices Both the ABWR and System 80+ design certification final rules (Part 52, Appendices A and B, respectively) initially correctly referred to ANSI/AISC N-690. Both the AP600 and AP1000 design cert final rules (Appendices C and D, respectively) incorrectly stated ANSI/AISC-690 (omitting the N). 64 Fed. Reg. 72,002, 72,018; 71 Fed. Reg. 4,464, 4,481.
Unfortunately, the NRC changed the ABWR and System 80+ references to match the AP600 and AP1000 references in the 2007 Part 52 rulemaking. Correct the reference in Appendices A-D by adding the "N" back into ANSI/AISC N-690 Part 52 Appendix D Part 52, Appendix D,Section VI.B.6 reads except as provided in paragraph VIII.B.5.f . . . but the reference is incorrect. It Section VI.B.6 should be except as provided in paragraph VIII.B.5.g . . . (rather than VIII.B.5.f).
Part 52 Appendix E Part 52, Appendix E,Section VI.B.6 reads except as provided in paragraph VIII.B.5.f . . . but the reference is incorrect. It Section VI.B.6 should be except as provided in paragraph VIII.B.5.g . . . (rather than VIII.B.5.f).
Part 50 Appendix J Under Option B, Subsection IV. Recordkeeping, refers to §§ 50.72 (b)(1)(ii) and § 50.72 (b)(2)(i). There is no § 50.72 (b)(1)(ii), only § 50.72 (b)(1). 10 CFR Part 50, Appendix J references 10 CFR Part 52 and 10 CFR 50.54(o) imposes Appendix J as a requirement.
§ 21.3, "Basic Revise definition by deleting text in brackets as follows:
component" "(2) When applied to standard design certifications [under subpart C of part 52 of this chapter] and standard design approvals under part 52 of this chapter,"
§ 52.43(b) Correct the following text in 10 CFR 52.43(b) which was not updated when SDAs were renamed to state: Subpart E of this part governs the NRC staff review and approval of a final standard design.
§ 52.79(c)(2) Correct as follows: all terms and conditions that have been included in the final standard design approval will be satisfied.
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Scope Changes 36
37 38 39 40 41 42 43 44 Current Scope 45
46 47 48 49 50 51 52 53 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 54