ML20126G244

Meeting Presentation Slides for May 8, 2020 Public Meeting to Discuss Temporary Regulatory Relief Pathways for NRC Independent Spent Fuel Storage Installation (ISFSI) Licensees During the COVID-19 Public Health Emergency

ML20126G244
Person / Time
Issue date:	05/05/2020
From:	Office of Nuclear Material Safety and Safeguards
To:
Chen Y
References
Download: ML20126G244 (17)

Text

Please stand by, the Meeting on Regulatory Relief for NRC ISFSI Licensees will begin shortly.

Please ensure you have called into the bridge line, its the only audio for todays meeting:

Bridge Line: 888-970-4176 Pass Code: 6866127 1

Regulatory Relief Pathways for NRC ISFSI Licensees During the COVID-19 Public Health Emergency May 8, 2020 Division of Fuel Management, Office of Nuclear Material Safety and Safeguards Division of Physical and Cyber Security Policy Office of Nuclear Security and Incident Response 2

Purpose of Todays Meeting

• Discuss available regulatory relief pathways for ISFSI licensees during the COVID-19 public health emergency

• Discuss the process by which licensees may submit requests for regulatory relief

• Hear from ISFSI licensees on the types of regulatory relief they expect they might need

• Answer questions from the public on the relief request process Bridge Line: 888-970-4176, Pass Code: 6866127 3

Agenda Time Topic Speaker 09:00 AM Welcome and Introduction Andrea Kock, Director, Division of Spent Fuel Management, NMSS 09:05 AM Meeting Logistics Sarah Lopas, Meeting Facilitator 09:10 AM COVID-19 Considerations for Mike Callahan, on behalf of DPC the Permanently Shut Down Bruce Montgomery, NEI Plants 09:20 AM Regulatory Relief Pathways John McKirgan, Chief, Storage and Transportation Licensing Branch, NMSS 09:30 AM Industry Comments Sarah Lopas 09:50 AM Public Comments Sarah Lopas 10:00 AM Meeting Recap and Adjourn John McKirgan Bridge Line: 888-970-4176, Pass Code: 6866127 4

Meeting Logistics

• Meeting audio is through the bridge line only (Bridge Line: 888-970-4176, Pass Code: 6866127)

• Participants are in listen-only mode until the public comment portion of the meeting

• Slides are included as a WebEx handout and are available in ADAMS at ML20126G244

• During the public comment portion of meeting, comment by phone or by submitting a message via WebEx Chat 5

COVID-19 Considerations for the Permanently Shut Down Plants Mike Callahan, Principal GSI (on behalf of the Decommissioning Plant Coalition)

Bruce Montgomery, Director Decommission and Used Fuel Nuclear Energy Institute 6

Regulatory Relief Pathways John McKirgan, Chief Storage and Transportation Licensing Branch 7

Licensee Letter - April 7, 2020

• This letter outlines the regulatory options for licensees to seek regulatory relief that may be necessary during the COVID-19 public health emergency Exemptions to regulations and amendments for license conditions Potential for NRC to issue enforcement discretion Emergency regulatory relief Accessible at ADAMS Accession No. ML20094G166 8

Temporary Exemption

• Exemptions are expected to be temporary and will have an expiration date

• Licensees are expected to be in compliance with regulations or commitments from which relief was granted prior to the expiration of the exemption

• An exemption will be granted only if the NRC determines that (1) it is authorized by law, (2) will not endanger life or property or the common defense and security, and (3) is otherwise in the public interest.

• Should additional time beyond the exemption be needed, the NRC would consider an exemption based on a subsequent request that updates all the information in the initial request 9

Emergency Relief Requests

• If necessary, licensees may request immediate exemptions via email or phone

• Verbal requests must be followed up, within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, by a written request

• 24-hour Emergency Number 301-816-5100 10

NRC Preparation for Anticipated Relief Requests

• Online relief request submission form:

https://www.nrc.gov/about-nrc/covid-19/materials/materials-relief-req-form.html

• NRC staff is prepared to quickly process anticipated exemption requests

• Continually reviewing information received from ISFSI licensees regarding the impact of the COVID-19 public health emergency to prepare for anticipated requests

• Unanticipated requests will be evaluated but may take more time to processencourage Pre-Relief Request discussion 11

What to Include in COVID-19 Relief Request

• Request to seek regulatory relief that may be necessary during the COVID-19 public health emergency (PHE)

• Specific regulations, license conditions, or license commitments for which licensee is seeking temporary relief (includes specific citation section numbers)

• Summary of actions taken to prevent the use of an exemption, if applicable

• Description of activities that will not be carried out due to COVID-19 PHE and an explanation as to why COVID-19 PHE has prevented the ability to carry out these activities 12

What to Include in COVID-19 Relief Request (cont)

• Compensatory measures or contingency plan that the licensee is taking during the time of non-compliance

• The date and time when the licensee will be in non-compliance with the regulatory requirements from which the licensee is requesting a temporary exemption

• A schedule for returning to compliance

• Commitment to track and document when non-compliance would start, as applicable

• If Categorical Exclusion from environmental review applies, an explanation as to why request satisfies the criteria 13

Guidance Under Development Security Personnel Training & Requalification

• Enforcement Guidance Memorandum (EGM)-20-002 provides guidance to NRC inspection staff on disposition of violations during the COVID-19 PHE (ML20083K794)

• Attachment 1 focuses on security personnel training and requalification outlined in Part 73, Appendix B,Section VI (ML20091L385)

• Developing another attachment to EGM-20-002 to address security personnel training and requalification requirements outlined in Part 73, Appendix B, Sections I through V

• Related to certain annual requalification requirements that may not be completed due to COVID-19 public health emergency 14

ISFSI Industry Feedback & Comments 15

Public Comments

• To make a comment over the phone, press

• then 1 and follow the prompts

• You can also submit shorter comments or questions using the Chat function on WebEx 16

Meeting Recap

• We are prepared for anticipated emergency regulatory relief

• For additional questions, email ISFSI-COVID.Resource@nrc.gov

• Complete a public meeting feedback form at the public meeting notice for today's meeting 17