ML20217B831

Provides Comments on 1998 Strategic Plan & Priority Issues for Acnw,Per Review

ML20217B831
Person / Time
Issue date:	03/16/1998
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Garrick B NRC ADVISORY COMMITTEE ON NUCLEAR WASTE (ACNW)
References
NACNUCLE, NUDOCS 9803260189
Download: ML20217B831 (2)

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NUCLEAR REGULATORY COMMISSION n

W ASHINGTON, D. C. 20555 l

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CHAIRMAN l

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B. John Garrick, Chairman Advisory Committee on Nuclear Waste U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Subject:

Comments on the 1998 Strategic Plan and Priority Issues for the Advisory Committee on Nuclear Waste l

This responds to your letter dated December 23,1997 that provided a copy of the Advisory 1

Committee on Nuclear Waste (ACNW) Strategic Plan. The Commission would first like to thank you for providing the opportunity to comment on your Strategic Plan. As a result of our review, we had the following general comments.

The Commission commends you for linking your goals to the goals, strategies, and substrategies in the NRC's Strategic Plan. The NRC's Strategic Assessment and Rebaselining Initiative was intended to provide a sound foundation for the agency's direction and decision-making for the rest of this decade and into the next. Linking your goals to that of the agency's will ensure that the ACNWs priorities will facilitate the NRC accomplishing its pnonties in the area of nuclear waste. However, the Commission recommends that your Strategic Plan be modified to reflect alline objectives, scope, and duties outlined in the ACNW Charter.

Specifically, the plan is silent on the ACNWs role in advising the NRC on legislative mandates and interacting with representatives of ACRS, other Federal agencies, State and local agencies, Indiar, Tribes, private organizations, and other organizations, as appropriate.

We understand that the ACNW operating plan is being developed to support the Strategic Plan which contains a set of clear metrics for ACNW activities. Where appropriate, specific timeliness goals, such as in providing advice to the Commission, should be included.

Use of the " Strategic Plan" terminology implies that this Plan is part of NRC's overall Strategic I

Planning Process required by the Govemment Performance Review Act (GPRA). GPRA imposes considerable administrative requirements such as the development of a performance

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plan and operating plan. Therefore, the ACNW Strategic Plan should be considered as a performance criterion, required of all NRC independent oversight committees, as directed by Ig)k the Commission on DSI Independent Oversight - and not a Strategic Plan in terms of GPRA.

Finally, the Commission notes that the second-tier priority assigned to the low level waste (LLW) issues by the ACNW may well need to be revisited in light of the number of complex LLW issues which the staff is currently addressing. Areas where the Commission would benefit 9803260189 980316 PDR COMMS NRCC CORRESPONDENCE PDR

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l from ACNW advice include the Trojan waste classification, issues surrounding Envirocare and generic criticality issues at LLW sites, and setting appropriate standards for clearance levels of materials.

Again, thank you for providing the Commission an opportunity to comment on your Strategic Plan.

Sincerely, Shirley Ann Jackson

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h NUCLEAR REdbLdTdNCOMMISSION E

ADYISO3Y COMMITTEE ON NUCLEAR WASTE W ASHINGTON. D.C. 20565 o

December 23. 1997 The Honorable Shirley Ann Jackson Chaiman U.S. Nuclear Regulatory Comission Washington. D.C. 20555-0001

SUBJECT:

1998 STRATEGIC PLAN AND PRIORITY ISSUES FOR THE ADVISORY COMMIlTEE ON NUCLEAR WASTE The Advisory Comittee on Nuclear Waste (ACNW) has developed a Strategic Plan that includes priority issues it will consider in 1998. A copy of the plan is attached for your consideration. The ACNW's Strategic Plan is anchored to the NRC's Strategic Plan. and supports the NRC mission, vision, and select goals, strategies and substrategies relevant to NRC's responsibilities for management and oversight of commercial nuclear waste and materials. The ACNW's Strategic Plan also interfaces with the ACNW Operating Plan, which is being updated to reflect the priority issues identified herein.

One purpose of the ACNW Strategic Plan is to guide the Comittee in carrying out its mission over the next year. A highlight of the plan is identification of the Comittee's near-term priority issues for this year, and longer-tern issues for times beyond one year. The ACNW does not plan to focus to any great extent on most of the longer-term issues this year due to resource constraints and timeliness of these issues, unless directed to do so by the Comission. In addition to priority technical issues, activities related to ACNW operational processes that we plan to initiate this year to igmve our efficiency and effectiveness are identified.

We would appreciate any comments or suggestions from the Comission.

Sincerely.

B. John Garrick Chairman

Attachment:

As stated A

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ACNW 1998 STRATEGIC PLAN AND PRIORITY ISSUES AND ACTIVITlES This plan provides strategic direction to the ACW in 1998 and beyond for focusing on issues most important to the NRC in carrying out its mission of protecting public health and safety, promoting the common defense and security, and protecting the environment. It also consnunicates ACNW's mission, vision, goals, and priority activities and shows how these goals support the NRC's Strategic Plan.

SCOPE OF ACW ACTIVITIES The ACNW provides advice on issues concerning the storage and disposal of high-and low-level radioactive waste (HLW and LLW. respectively). including l

the interim storage of spent nuclear fuel. materials safety and decor.nissioning, and other issues as requested by the Commission.

ACW MISSION The ACNW's mission is to provide independent and timely technical advice on nuclear waste management issues to support the NRC in its conduct of an efficient regulatory program that enables the Nation to use nuclear materials in a safe manner for civilian purposes.

1 ACW VISION. DESIRED OllTCOES. AND COMITENTS Vision The ACW strives to provide advice and reconnend solutions that are forward-looking, are based upon best-available science and technology. can be implemented, and reflec; the need to balance risk. benefit, and cost to society to enable the safe use of nuclear materials.

Desired Outcomes The ACNW strives to:

1.

provide technically sound and timely advice that can be incorporated into NRC technical approaches, documents, and regulations:

2.

provide advice that reflects state-of-the-art science and technology that can be readily incorporated into NRC regulatory practices:

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comunicate its message clearly and concisely to its intended audience:

4.

be respected by the Commission. NRC staff. EPA. D0E. and the public and be perceived as adding value:

5.

be trusted by the public to provide frank. open advice, and offer a forum for public participation in the regulatory process, thereby making the regulatory decisionmaking process more transparent to the public:

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assist in resolving conflicts between NRC and DOE. EPA. and other stakeholders by providing a forum for interaction, and by continually l

encouraging comunication between and among these entities; and 7.

operate in a spirit of openness as intended by the Federal Advisory Committee Act (FACA) and the Government in the Sunshine Act.

Connitaents The Comittee makes the following commitments in pursuit of its vision:

1.

be responsive to the Commission's needs:

2.

remain flexible, be responsive to change, and consider various options and contingencies:

3.

foster an atmosphere of mutual problem-solving with the NRC staff:

4.

challenge the status quo. as appropriate, thereby Eaming an " engine for change":

5.

identify in advance those issues that could have an impact on NRC's ability to achieve its mission:

6.

focus on risk by asking. "what is the risk, what are the contributors to risk, and what are the uncertainties?*:

7.

keep abreast of international trends and developments that could influence NRC policies or approaches:

8.

maintain technical excellence and independence:

9.

operate in a cost-effective and efficient manner: and

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10. measure the Comittee's effectiveness.

GOM.S AND OBJECTIVES ad;he The ACNW has developed general goals and objectives consistent with its mission and vision. The five goals listed below serve to provide strategic direction for the ACNW this year and support select goals, strategies, and

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substrategies identified in NRC's Strategic Plan. Foreachgoal, objectives M

that help us to focus on our priority issues are identified.

1 Goal 1:

Assist the MC in positioning itself to respond to external 4

change and uncertainty in the management of nuclear waste.

This goal supports the EC mission, vision, and select w,ym.$

strategies or substrategies under WC Goals 2 through 7.

%jective 1:

Advise the Cennission in a timely fashion on issues of a technical nature that may require changes in the regulations.

Objective 2:

Infom the Cmmission about issues that could cause problems

-for the hRC or society if not given adequate attention, and recomend solutions.

Goal 2:

Strive to ensure that EC is employing the best science in resolving key safety issues. This goal sup;crts the RC J

mission, vision, and select strategies or substrategies under WC Goals 2 through 7.

@jective 1:

Keep abreast of cutting-edge methods and technologies being developed and utilized world-wide that are applicable for

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assessing and u naging risks associated with cleangp. disposal.

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and storage of nuclear wste.

@jective2:

Advise the Comission on projected or perceived technical

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shortccmings in MC staff capabilities that could adversely inpact the agency's ability to address safety issues.

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Goal 3:

Advice the NRC on how to increase its reliance on risk as a f

basis for decisionmaking, including using risk assessment l

methods for waste management, that (1) implement a risk-informed approach, (2) are consistent across programs where possible, and (3) quantify and reveal uncertainties. This goal supports the NRC mission, vision, and select strategies and substrategies under NRC Goals 2 through 7.

%)ective1:

Propose approaches and encourage the staff to gain a better understanding of the inherent risks of licensed activities in l

nuclear waste and materials, and the relationship beten regulations, cost, and safety.

Objective 2:

Examine risk-assessment approaches being utilized within the NRC's waste and materials programs and recmmend inprovements for making more transparent the underlying asswptions and associated uncertainties, incorporating greater realism where appropriate, and identifying apparent inconsistencies in approach.

Goal 4:

Support the NRC in improving public involvement in its waste programs and gaining increased public confidence and respect.

This goal supports the NRC mission, vision, and select strategies or substrategies under NRC Goal 6.

Objective 1:

Provide opportunities through the FACA process for more public involvement in the regulatory process.

Objective 2:

Recmmend ways for the NRC to gain more meaningful public involvement in the regulatory process.

Objective 3:

Assist the NRC in making more transparent the agency's decistorunaking process and ensuring agency docunentation is thorough, clear, and readily understandable.

Goal 5:

Improve the effectiveness and efficiency of ACW operations.

This goal supports the NRC mission, vision, and select strategies or substrategies under NRC Goal 7.

Objective 1:

Increase the value of ACW advice to the Canission and staff.

Objective 2:

Inprove and modify existing operational procedures to accwplish **more with less.

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PRIORITY ISSUES AlO PROCESS IMPROVEMENTS j

In support of its first four goals. the AC% has identified priority issues

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for this year, and longer-term issues it plant, to address in the future, given sufficient resources. Also identified are the criteria the Comittee uses to a

select its priority issues. In support of its fifth goal, the ACW has identified priority process-related activities it plans to carry out this year to improve its effectiveness.

The priority issues ideritified for 1998 are considered first-tier priorities.

and the longer-term issues are considered second tier ACNW priorities. The Committee does not. plan to focus to any great extent on second-tier issues

~~rw-this year unless directed by the Comission or dictated by external events.

such as changes in nuclear waste legislation. Each priority issue supports one or more of ACNW's goals, as indicated.

For each first-tier priority issue. the Comittee plans to prepare a task action plan that identifies the nature and scope of the issue and a strategy for addressing it. including planned product [s] and schedule, and performance measures and targets that will enable the Comittee to determine if it has achieved its goals.

CRITERIA FOR SELECTING PRIORITY ISSUES the protection of the public health, workers, and the environment from adverse effects of the management of nuclear waste, especially in regard to dispocal facilities. i.e., the risk significance of an issue:

issues that arise from strategies and activities of licensees and applicants:

timeliness based on when an issue is scheduled to come before the

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Commission, and when the advice would be of greatest benefit to influenca the Comission's regulatory decisions:

the relationship of an issue to the NRC's Strategic Plan including trends and directions in regulatory practice, such as the adoption of a risk-infomed, perfonnance-based method of regulation and decisionmaking:

the potential for or likelihood of an issue to pose undue risk or costs to society:

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issues that are requested for ACNW review by the Comission or

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Comissioners: and es.e issues that arise based on the scientific and technical basis of information supporting the safety and performance assessments of nuclear waste disposal facilities including the quality and level of expertise

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1 FIRST TIER PRIORITY ASSUES Viability Asse n ment and Site Characteri7ation - The DOE is scheduled to

+$"rW complete its Viability Assessment (VA) by September 1998. The NRC staff,

anticipates receiving draft VA products before then, and submitting a Connission paper on its review of the VA in November 1998. In addition, the staff is develcping Issue Resolution Status Reports (IRSRs) th4t document the i

status of and acceptance criteria for each Key Technical Issue (KTI) to support its review of the VA and License Application (LA), as well as a VA j

Review Plan. The staff's review of the VA will be a preliminary review of th(

i eventual LA, and is expected to provide valuable insights. The ACW plans to review DOE's conclusions and the NRC staff's review of the VA. as well as monitor the IRSRs. The ACW also anticipates tracking the evolution of DOE *s i

site characterization program and the DOE's waste isolation and containment strateoy. This issue supports ACW Goals 2 and 3.

Risk-Inforned Perfomance Rased Raoulatien - The ACW will continue to support the agency's effort to move from deterministic regulations toward risk-infonned and performance-based regulation. The Committee anticipates continuing to encourage the NRC to adopt regulatory approaches that are comprehensible and enhance public understanding of the key safety issues, and continuing to encourage the NRC to use risk as a basis for setting priorities.

Issues to be addressed under this topic include the following: EW regulatory framework issues including NRC staff's strategy to revise 10 CFR Part 60:

NRC's comments on the proposed EPA E W standard (40 CFR 197): NRC's review of DOE's proposed Siting Guidelines in 10 CFR Part 960: perfonnance assessment.

including continued monitoring of NRC's iterative perfomance assessments using the TPA code: problems associated with dual regulatory authority between EPA and NRC: and the evolving issues related to the use of expert judgment.

This issue supports ACW Goals 1 through 4.

Enaineered Barrier System fFRM - The ACW will focus on the role of the EBS in the proposed repository, various couponents of the EBS and their

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7 significance to performance, and the NRC's capability to evaluate EBS performance. A major focus will be on processes affecting waste package degradation and radionuclide release, including redox reactions. corrosion, radiolysis, microbiological effects, and reactions with introduced materials (e.g., concrete. iron). Also included will be the models and methods used to predict long term degradation of waste packages over time, and the appropriate use of bounding models This effort will likely include examining the use of coupled models to predict the near-field environment and its impact on containment, release, and transport of radionuclides. This issue supports ACW Goals 1 through 3.

Decrwnissionina - The ACW has a strong interest in waste disposal issues related to decommissioning. In the past, the ACW has advised the Commission on streamlining the Site Decomissioning Management Program (50MP). aspects of the Proposed and Final Rule on Radiological Criteria for License Termination.

and lessons learned from decomissioning the Pathfinder site. The ACNW l

expects to review supporting guidance documents due in early 1998 for implementing the Final Decomissioning Rule, dose models and parameter t

selection criteria for decommissioning assessments. application of the LLW Performance Assessment Methodology to SDMP sites. and development of a multi-agency-sponsored decision support system to support decomissioning.

Also of interest is the issue of incidental wastes at DOE facilities.

Other activities may include tracking staff efforts to assess inherent risks of decommissioning and activities to simplify the decommissioning process, and l

assisting the Comission in contingency planning for a possible rapid increase L

in plant decomissioning due to deregulation. This issue supports ACW Goals 1 through 3.

Research - The ACNW will examine waste-related research and technical assistance programs in the NRC. It will provide input to an ACRS report to Congress by February 1998, and a report to the Commission by June 1998. The ACNW will continue to monitor the NRC's research program to ensure that it is changing in response to the agency's shifting emphasis to risk-informed.

l performance-based regulation. This effort will include assuring that research l

1s focused on helping to assess the relationship between regulations and safety, and understanding the inherent risks of licensed activities. This issue supports ACW Goals 1 through 4.

As part of the priority technical issues described above, the Comittee may focus on several initiatives throughout this year and beyond that would apply to some or all of these issues, such as international activities and seeking l

L ways to improve public participation in NRC waste programs. International

. activities may include participating in technical exchanges with other l

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8 nations' regulatory waste programs or advisory panels. With respect to improved public participation, the Comittee may explore ways to encourage the public to participate in ACNW meetings. If resources and time permit. the ACNW may also review lessons learned from other countries. Other waste programs in the U.S., and directly from the public on ways to involve the public more meaningfully in NRC regulatory programs. An example may be to encourage the public to participate formally in the performance assessment process. These issues support ACW Goals 2 through 4.

SEC0 0 TIER PRIORITIES Renository Desian/ Thermal /crwmled processes - The ACNW will continue to focus its attention on the HLW repository design, including thermal testing and results, and the significance of coupled effects on the performance of the proposed repository. The ACNW will evaluate the adequacy of models to predict repository behavior. For example, retrievability would be considered under this topic. In addition the issue of performance confituation, including the type and quantity of data to be collected during this phase. will be explored.

This issue supports ACW Goals 1 through 3.

Interim Storaae Facilities for Soent Fuel - The ACNW will begin to identify issues that the NRC may need to consider and prepare for in the event that i

proposed legislation is enacted to create a central, interim HLW storage facility. This issue supports ACW Goals 1 through 3.

DOE Oversiaht - The ACW will review waste-related activities associated with NRC's possible regulation of certain DOE facilities. if NRC assumes responsibility for those activities as a result of privatization or enactment of new legislation. This issue supports ACW Goals 2 through 4.

1IW and Aarnat States Proaram - The ACW will examine the role of the NRC in LLW disposal from the perspective that current trends in the national program may ultimately interfere with society's benefiting from the use of nuclear material. The ACW will advise the NRC on alternatives to the current national LLW disposal program. The ACW also may examine interactions between NRC and Agreement and non-Agreement States, and whether comunications can be improved. This issue supports ACW Goals 1 and 4.

Radiation Risk tevels for iow-level Ionizina Radiation - The ACW will continue to examine the issue of radiation risk levels for low-level ionizing The ACW may consider the question of what research, if any, the radiation.

NRC should sponsor regarding the linear no threshold (LNT) hypothesis, and the

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appropriate regulatory approach. given the uncertainty about the LNT hypothesis. This issue supports M Goals 1 through 4.

Control and Accountability of Radioactive Devices - The W will examine the y.

NRC's role in this issue, and whether, from a risk perspective. the NRC should initiate a rulemaking or take on a more aggressive role. This issue supports M Goals 1 and 3.

PRIGLITY OPERATIONAL ACTIVITIES Operational process'es or activities that the ACNW plans to implement this year in support of ACW Goal 5.

Enhance the effectiveness and efficiency of ACW operations." is discussed below.

strateaic Plannino - On an annual basis. the ACNW will conduct a top-down planning meeting to identify priscry goals and priority issues and activities.

followed by a self-assessment to measure performance against these goals. The ACW will establish performance goals and indicators to measure effectiveness.

and will use such tools as customer surveys to solicit feedback from the public on the Committee's effectiveness.

Imolaeont Chances in Ooerational Procedures - To improve its efficiency and effectiveness. the ACW will igrove its current processes for the following activities: letter writing. scope and duration of meetings, interactions with Commissioners and the program offices, use of ACW staff and consultants.

Iuprovements may include:

ensure letters are concise and consistent:

allow more time for strategic planning and agenda planning during meetings:

seek more opportunnies to collaborate with ACRS to explore issues of common interest:

spend more time meeting individually with Commissioners:

e increase the number of interactions with Program Office Directors:

use consultants to e gand e gertise:

encourage ACNW staff to initiate special projects and make presentations to the Committee:

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4 3p foster an atmosphere of mutual problem solving with the staff:

e consider options for gaining earlier access to predecisional material to a

assist the Comittee in providing more timely advice: and better define and limit the number of priority topics.

UPDATING THIS PLM The ACNW will conduct a strategic planning meeting at least once a year, and will update this plan as needed. Revisions to the plan may be based on input from the Comission. changes made to the NRC Strategic Plan or Annual Performance Plan. results from customer surveys and self-assessments.

external events and factors, and available resources.

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