ML20252A005

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9/10/2020 NRC Presentation to ACRS Full Committee 10 CFR Part 53 Licensing and Regulation of Advanced Nuclear Reactors
ML20252A005
Person / Time
Issue date: 09/10/2020
From: Robert Beall
NRC/NMSS/DREFS/RRPB
To:
Beall, Robert
References
10 CFR Part 53, NRC2019-0062, RIN 3150-AK31
Download: ML20252A005 (11)


Text

ACRS Full Committee 10 CFR Part 53 Licensing and Regulation of Advanced Nuclear Reactors September 10, 2020 1

Background

  • Advance Notice of Proposed Rulemaking, Approaches to Risk-Informed and Performance-Based Requirements for Nuclear Power Reactors, dated May 4, 2006 (71 FR 26267)
  • NRCs Vision and Strategy report (12/2016) for non-light-water reactors and related implementation action plans identified a potential rulemaking to establish a regulatory framework
  • Nuclear Energy Innovation and Modernization Act (NEIMA; Public Law 115-439) signed into law in January 2019 requires the NRC to complete a rulemaking to establish a technology-inclusive, regulatory framework for optional use for commercial advanced nuclear reactors no later than December 2027 2

Background - NEIMA (1) ADVANCED NUCLEAR REACTORThe term advanced nuclear reactor means a nuclear fission or fusion reactor, including a prototype plant with significant improvements compared to commercial nuclear reactors under construction as of the date of enactment of this Act, (9) REGULATORY FRAMEWORKThe term regulatory framework means the framework for reviewing requests for certifications, permits, approvals, and licenses for nuclear reactors.

(14) TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORKThe term technology-inclusive regulatory framework means a regulatory framework developed using methods of evaluation that are flexible and practicable for application to a variety of reactor technologies, including, where appropriate, the use of risk-informed and performance-based techniques and other tools and methods.

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SECY-20-0032, Rulemaking Plan

  • SECY-20-0032, Rulemaking Plan on Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors, dated April 13, 2020
  • Proposing a new 10 CFR part that could address performance requirements, design features, and programmatic controls for a wide variety of advanced nuclear reactors throughout the life of a facility.
  • Focus the rulemaking on risk-informed functional requirements, building on existing NRC requirements, Commission policy statements, and recent activities (e.g., SECY-19-0117)
  • Awaiting Commissions Staff Requirements Memorandum 4

Technology Inclusive Regulatory Framework Project Life Cycle Requirements Functional System Construction Operation Retirement Definition Design Design

  • Fundamental Safety Functions
  • Prevention, Mitigation, Testing Surveillance Performance Criteria Maintenance (e.g., F-C Targets)
  • Normal Operations Configuration (e.g., effluents) Control
  • Other Design Changes Plant/Site (Design, Construction, Configuration Control)

Clarify Controls Analyses (Prevention, Mitigation, Compare to Criteria) and Distinctions Between Plant Documents (Systems, Procedures, etc.)

LB Documents (Applications, SAR, TS, etc.)

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Example - Possible Layout

  • General Provisions
  • Technology-Inclusive Safety Objectives o Regulatory limits, safety goals
  • Design Requirements
  • Siting
  • Construction and Manufacturing Requirements
  • Requirements for Operation
  • Decommissioning Requirements
  • Applications for Licenses, Certifications and Approvals
  • Maintaining and Revising Licensing Basis Information
  • Reporting and Administrative Requirements 6

NRC Staff White Paper

  • The NRC staff developed a white paper (ADAMS ML20195A270) to support discussions with ACRS and other stakeholders
  • Soliciting information that:
1) Defines the scope of stakeholder interest in a rulemaking to develop a technology inclusive framework for advanced nuclear reactors,
2) Identifies major issues and challenges related to technology-inclusive approaches to licensing and regulating a wide variety of advanced nuclear reactor designs,
3) Supports prioritizing and developing plans to resolve identified issues within the rulemaking for the wide variety of advanced nuclear reactor designs, and
4) Supports the development of the proposed rule and related guidance.
  • Staff receptive to feedback on any aspect of developing a technology-inclusive regulatory framework to support the regulatory objective, whether or not in response to a question listed in this white paper or future solicitations.

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Part 53 Rulemaking Objectives

1) Provide reasonable assurance of adequate protection of the public health and safety and common defense and security at reactor sites at which advanced nuclear reactor designs are deployed, to at least the same degree of protection as required for current-generation light water reactors;
2) Protect health and minimize danger to life or property to at least the same degree of protection as required for current-generation light water reactors;
3) Provide greater operational flexibilities where supported by enhanced margins of safety that may be provided in advanced nuclear reactor designs;
4) Ensure that the requirements for licensing and regulating advanced nuclear reactors are clear and appropriate; and
5) Identify, define, and resolve additional areas of concern related to the licensing and regulation of advanced nuclear reactors.

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Questions for Public Feedback

1. Regulatory Objectives o Appropriate, understandable, achievable?
2. Scope and Types of Advanced Nuclear Reactors o Limit to advanced reactors as defined in NEIMA?
3. Technical Requirements versus Licensing Process o Limit to regulations related to technical standards?

o Alternative licensing processes?

4. Performance Criteria o Technology-inclusive performance criteria?
5. Risk Metrics o Include risk metrics in the regulations?
6. Facility Life Cycle o How could new Part 53 align with facility life cycle
7. Definitions o Should Part 53 use existing definitions 9

Questions for Public Feedback

8. Performance-Based Regulation o How to incorporate performance-based concepts?
9. Identifying Levels of Protection o Differentiate requirements for adequate protection and safety improvements?
10. Integrated Approach to Rulemaking o How to integrate safety, security, emergency preparedness?
11. Consistency with Historical Standards o Use of existing standards (e.g., safety goals)?
12. Quality Standards o Recognize alternatives to Appendix B?
13. Stakeholder Documents, Standards, Guidance o Stakeholder interest in preparing guidance?
14. Other Issues 10

Part 53 Rulemaking 11