ML20296A555
| ML20296A555 | |
| Person / Time | |
|---|---|
| Issue date: | 10/22/2020 |
| From: | Osiris Siurano-Perez Division of Fuel Management |
| To: | |
| Siurano-Perez O | |
| References | |
| Download: ML20296A555 (107) | |
Text
Cumulative Effects of Regulation October 28-29, 2020 Public Meeting With Nuclear Energy Institute and Members of the Nuclear Fuel Cycle Industry Osiris Siurano-Perez, Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards Osiris.Siurano-Perez@nrc.gov Tel. 301-415-7827 1
Meeting Category and Public Participation This is a Category 2 meeting. The public is invited to participate in this meeting by discussing regulatory issues with the Nuclear Regulatory Commission (NRC) staff at designated points.
2
Agenda - October 28, 2020 3
Topic Time Speakers Opening Remarks 12:00 PM Andrea Kock, Director Division of Fuel Management (DFM)
Office of Nuclear Material Safety and Safeguards (NMSS)
U.S. Nuclear Regulatory Commission (NRC)
Janet Schlueter Nuclear Energy Institute (NEI)
Discussion Topics October 28, 2020 Integrated Schedule Updates NRC COVID-19 Response Remote & Follow Up On-Site Inspection Feedback &
Lessons-Learned Path Forward Fall Exemptions and Feedback on Exemption Process Status of Draft NUREG-2159 on Cat II MC&A Industry-Generated Inspection Program Topics NEI Letter 689, IMC 0616 Examples Credit/Flexibility for Good Performance BREAK Status of Smarter Licensing Program Teams Work 12:10 PM Presenters:
Osiris Siurano-Perez, Project Manager, DFM NEI Staff Kevin Ramsey, Project Manager, DFM James Rubenstone, Branch Chief, DFM Leira Cuadrado, Branch Chief, DFM Eric Michel, Branch Chief, NRC RII Karl Sturzebecher, Project Manager, DFM Summary of Day 1 Proceedings and Discussions 5:15 PM Andrea Kock, DFM Janet Schlueter, NEI Adjourn 5:30 PM Osiris Siurano-Perez Project Manager, DFM
Opening Remarks Andrea Kock, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards Janet Schlueter Nuclear Energy Institute 4
Integrated Schedule Chart and Supplement Updates Osiris Siurano-Perez Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards 5
Integrated Schedule Chart and Supplement Updates
- Updated October 21, 2020
- List of regulatory activities remains unchanged
- Four areas with minor changes/updates on both documents
Contact:
Osiris Siurano-Perez NMSS/DFM/FFLB 301-415-7827 6
Integrated Schedule Chart Updates
- Part 61 - Low-level Waste Disposal
- New contact: George Tartal, 301-415-0016
- Part 73 - Enhanced Security for SNM
- Reflect status as of October 2020
- Part 73 - Cyber Security Rulemaking
- Reflect status as of October 2020
- Enhanced Weapons
- New contact: Martha Barillas, 301-415-2460
Contact:
Osiris Siurano-Perez NMSS/DFM/FFLB 301-415-7827 7
8 Integrated Schedule Chart Updates
Contact:
Osiris Siurano-Perez NMSS/DFM/FFLB 301-415-7827 8
- See ADAMS Accession Number ML20294A059 for detailed summary of the changes.
2019 2020 2021 2022 Comments Regulatory Activity Revised Ja n
Feb r
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Jan Feb r
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Jan Feb r
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Part 61 - LLW Disposal POC: George Tartal 10/21/2020
The staff is currently considering options for moving forward with this and the GTCC rulemaking and make its recommendations to the Commission.
Part 73-Enhanced Security for SNM POC: Ed Lohr/Kevin Ramsey 10/21/2020
Awaiting Commission direction.
l Enhanced Weapons Rulemaking POC: Martha Barillasl/Kevin Ramsey 10/21/2020
Awaiting Commission direction.
l Part 73-Cyber Security Rulemaking POC: Ed Lohr/James Downs 10/21/2020
Draft rule has been completed.
Awaiting Commission direction -
POC: AprilSmith 10/21/2020 No changes identified.
Regulatory Information Conference POC: Haile Lindsay 10/21/2020 Presentations prepared for sessions of fuel cycle interest are available online.
RIC Session Smarter Licensing Charter POC: Donnie Harrison/Karl Sturzebecher 10/21/2020
Working Group Recommendations Final Report - April 30, 2020; Public Version of Smarter Licensing Action Plan and Project Status - July 10, 2020
I Smarter Inspection Charter POC: Alayna Pearson 10/21/2020
Working Group Final Report -
issued March 18, 2020; Implementation plan -
issued July 8, 2020.
I
= Reg. Basis/Draft Guidance
= Implementation
= Proposed Rule/Draft Guidance
= Non-rulemaking/NRC Activities
= Final Rule/Final Guidance
= Final Report Issued
= Public Interaction
= Pending Commission Action
= Scheduled meeting Site Visit l = Marks a milestone with text A = ACRS Meeting
= Change occurred below arrow http://www.nrc.gov/materials/fuel-cycle-fac/regs-guides-comm.html#cumeffects V
=
Integrated Schedule Supplement Updates
- Part 61, Low-level Waste Disposal
- Key contact George Tartal replaces Martha Barillas
- Enhanced Weapons Rulemaking
- Key contact Martha Barillas replaces Robert Beall
Contact:
Osiris Siurano-Perez NMSS/DFM/FFLB 301-415-7827 9
Integrated Schedule Supplement Updates (continued)
- American Nuclear Society Standard 57.11
- Key information Proposal to issue the standard for trial use only
- Regulatory Information Conference
- Key contact Haile Lindsay replaces Richard Jervey
- Key information Potential topics for the 2021 RIC listed
Contact:
Osiris Siurano-Perez NMSS/DFM/FFLB 301-415-7827 10
Integrated Schedule Supplement Updates (continued)
- Smarter Inspection Program
- Related documents Reference NEI letter 689 dated July 24, 2020
Contact:
Osiris Siurano-Perez NMSS/DFM/FFLB 301-415-7827 11
Updates to Integrated Schedule Chart and Supplement
- Updated information
- Cumulative Effects of Regulation https://www.nrc.gov/materials/fuel-cycle-fac/regs-guides-comm.html#cumeffects
- Integrated Schedule (Chart) https://www.nrc.gov/docs/ML2029/ML20293A421.pdf Summary of the changes July - October 2020 o ADAMS Accession Number ML20294A059
- Integrated Schedule Supplement https://www.nrc.gov/docs/ML2029/ML20293A422.pdf Markup with updates July - October 2020 o ADAMS Accession Number ML20293A423
Contact:
Osiris Siurano-Perez NMSS/DFM/FFLB 301-415-7827 12
Updates to Integrated Schedule Chart and Supplement 13 QUESTIONS/COMMENTS
NRC COVID-19 Response Remote & Follow Up On-Site Inspection Feedback & Lessons-Learned Roundtable Discussion NRC Staff/Nuclear Energy Institute/Industry 14
NRC COVID-19 Response Path Forward Kevin Ramsey Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards 15
COVID Relief Path Forward
Contact:
Kevin Ramsey NMSS/DFM/FFLB 301-415-7506 NRC staff will continue to process requests for relief as they are received. Requests for relief extensions must explain why licensee cannot comply with a requirement, explain how safety will be ensured, demonstrate good faith effort to return to compliance, and address degradation of conditions over time.
Letter re: Methods for Providing Regulatory Relief During the 2019 Public Health Emergency, ML20094G166.
Temporary Staff Guidance - Fuel Facility Regulatory Relief Requests Related to COVID-19, ML20108E911.
Several letters on acceptable bases for granting relief from various regulations.
Enforcement Guidance Memorandum 20-002, Dispositioning Violations During COVID Public Health Emergency, ML20083K794 16
COVID Relief Path Forward 17 QUESTIONS/COMMENTS
Fall Exemptions and Feedback on Exemption Process Nuclear Energy Institute 18
19 QUESTIONS/COMMENTS Fall Exemptions and Feedback on Exemption Process
Guidance for Material Control and Accounting Plan Required for Special Nuclear Material of Moderate Strategic Significance James Rubenstone Branch Chief Material Control and Accounting Branch Chief Division of Fuel Management Office of Nuclear Material Safety and Safeguards 20
Guidance for Material Control and Accounting Plan Required for Special Nuclear Material of Moderate Strategic Significance - NUREG-2159
Contact:
James Rubenstone NMSS/DFM/MCAB 301-415-7231
- Issue for public comment - 60 days
- January 2021
- Incorporate/address public comments
- Completed by April 2021
- Issue final document
- May 2021 21
22 QUESTIONS/COMMENTS Guidance for Material Control and Accounting Plan Required for Special Nuclear Material of Moderate Strategic Significance - NUREG-2159
Industry-Generated Inspection Program Topics Leira Cuadrado Branch Chief Inspection and Oversight Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Eric Michel Branch Chief Division of Fuel Facility Inspection Projects Branch 2 Chief U.S. Nuclear Regulatory Commission Region II 23
24 Main Discussion Topics
- Regulatory Requirements
- Fuel Facility Program Violations Performance Requirements Management Measures
- Inspection Guidance
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324
Contact:
Eric Michel RII/DFFI 404-997-4555
25 Regulatory Requirements
- 10 CFR 70.61(e) - Each engineered or administrative control or control system necessary to comply with paragraphs (b), (c), or (d) of this section shall be designated as an item relied on for safety. The safety program, established and maintained pursuant to § 70.62 of this subpart, shall ensure that each item relied on for safety will be available and reliable to perform its intended function when needed and in the context of the performance requirements of this section
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324
Contact:
Eric Michel RII/DFFI 404-997-4555
26 Regulatory Requirements
- 10 CFR 70.62(d) - Management measures. Each applicant or licensee shall establish management measures to ensure compliance with the performance requirements of § 70.61. The measures applied to a particular engineered or administrative control or control system may be graded commensurate with the reduction of the risk attributable to that control or control system.
The management measures shall ensure that engineered and administrative controls and control systems that are identified as items relied on for safety pursuant to § 70.61(e) of this subpart are designed, implemented, and maintained, as necessary, to ensure they are available and reliable to perform their function when needed, to comply with the performance requirements of § 70.61 of this subpart.
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324
Contact:
Eric Michel RII/DFFI 404-997-4555
27 Fuel Facility Program Violations Performance Requirements and Management Measures
- A noncompliance such as the failure to meet 70.61(e) and 70.62(d) with respect to management measures can exist even when the performance requirements 70.61(b) & (c) are satisfied.
- Additional margin afforded by additional IROFS to what is needed to meet performance requirements 70.61(b) & (c) is already considered in determining the significance of a violation
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324
Contact:
Eric Michel RII/DFFI 404-997-4555
28 Fuel Facility Program Violations Performance Requirements and Management Measures
- A failure to meet the requirements of 10 CFR 70.61 (b) and (c) results in escalated enforcement
- A failure to meet the requirements of 10 CFR 70.61 (e) and 70.62 (d) will likely result in a SL IV or minor violation if the requirements of 70.61 (b) and (c) are met
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324
Contact:
Eric Michel RII/DFFI 404-997-4555
29 The NRC Enforcement Policy
- The NRC staff implements the Commission's Enforcement Policy
- Escalated enforcement when performance requirements are not met
- Severity Level IV or minor: if safety margin exists, (IMC 0616 assist in this screening)
- Enforcement Policy Section 2.3.1 Minor Violation Provisions for documenting minor violations can be found in the NRC Enforcement Manual,... IMC 0616
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324
Contact:
Eric Michel RII/DFFI 404-997-4555
30 Inspection Manual Chapter 0616
- The 2017 changes to this IMC provided additional guidance and examples for screening minor/more than minor (SL-IV) to increase consistency and transparency in documenting and dispositioning of violations
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324
Contact:
Eric Michel RII/DFFI 404-997-4555
31 Fuel Facility Inspection Program Guidance
- IMC 2600, Fuel Cycle Facility Operational Safety and Safeguards Inspection Program
- IMC 0616, Fuel Cycle Safety and Safeguards Inspection Reports
- IMC 2606, Assessment of the Risk Resulting from a Potential Safety Noncompliance at a Fuel Cycle Facility
- IMC 2650, Fuel Cycle Inspection Assessment Program
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324
Contact:
Eric Michel RII/DFFI 404-997-4555
32 Inspection Manual Chapters/Inspection Procedures Revision Process
- Significant public involvement in staff's assessment of the fuel cycle inspection oversight program
- Currently, revising all the fuel cycle inspection program procedures to implement smarter inspection program working group recommendations
- Staff continues to provide implementation updates
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324
Contact:
Eric Michel RII/DFFI 404-997-4555
33 Discussion Topics
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324
Contact:
Eric Michel RII/DFFI 404-997-4555
- NEI Letter 689, dated July 24, 2020 (ADAMS Accession Number ML20211L714)
- IMC 0616 examples
- Credit for good performance presentation
- Examples of criteria
- What constitutes good performance?
34 QUESTIONS/COMMENTS Industry-Generated Inspection Program Topics
Flexibility to Smarter Core Inspection Program for Good Performance Nuclear Energy Institute 35
©2020 Nuclear Energy Institute Flexibility to Smarter Core Inspection Program for Good Performance October 28, 2020
©2020 Nuclear Energy Institute 37 April 2019 - NRC Formed WG to Perform Holistic Assessment of Fuel Cycle Oversight Program April-December 2019 - Multiple Public Meetings March 2020 - WG Implementation Plan with Recommendations for Notable Adjustments to IMC 2600 & Appendix B April & July 2020 - Public Meetings on Project & Status October 2020 - Await NRC Proposed Revisions to IMCs and Related IPs
Background
©2020 Nuclear Energy Institute 38
Comprehensive NRC Oversight Program is Key Attribute of NRCs Principles of Good Regulation
Risk and Performance-Based Insights Justify Efficiencies to Smarter Core Inspection Program
Continued Use of Special or Reactive Inspections Industry Respectfully Submits there Remains Potential Improvements with Regard to Flexibility of the Smarter Core Based on Licensee Performance Inspection Program Principles
©2020 Nuclear Energy Institute 39 Low Risk Profile in Many Program or Functional Areas, e.g.,
Radiation & Environmental Protection - Low and Decreasing Doses to Worker and Public; Effective ALARA Programs Material, Control & Accounting - Low Strategic Significance of Category III Facilities Material Waste Management - Facilities Continue Reducing Production and Volume of LLRW Transportation - Industrys Excellent Safety Record on Thousands of Shipments, e.g., LLRW, Nuclear Fuel, Radiation Sources Fuel Cycle Fleet Risk Profile
©2020 Nuclear Energy Institute 40 Use Existing LPR Process to Assess and Evaluate Each Licensee in its Normal Review Cycle:
Determine Whether Flexible Adjustments Can be Applied to Reduce Frequency and/or Duration of Smarter Core Inspection Program During Each LPR, Staff Collects Performance Data to Include But Not Limited to:
Number of Violations, Reportable Events, and Both Self-Identified and Self-Revealing Safety or Security Events Review to Include Inspection Results and Consider NRC Observations as Recorded Concept of Flexible Adjustments
©2020 Nuclear Energy Institute 41 No Escalated Violations (i.e., > SL III)
If Licensee has Comprehensive CAP, Minor, Non-Cited and SL IV Violations Would Not Negatively Impact Consideration of Adjustments Reportable Events that Do Not Result in Significant Violations Would Not Negatively Impact Consideration of Adjustments Low Number of Contamination, Waste Management or Transportation Events
- Single, Stand-Alone Criteria Examples of Criteria* for Determining Potential Flexible Performance Based Adjustments Low Worker and Public Doses ISAs Rely on Defense-in-Depth (e.g.,
> 2 IROFS) or Performance Criteria Margin Robust Management Measures Result in Available and Effective IROFS Effective Self or Independent Assessments Would be Additional Basis for Consideration of Adjustment Continued or Repetitive Periods of Performance under LPR Resulting in an Area not Needing Improvement
©2020 Nuclear Energy Institute 42 Frequency or Duration of IP Would Be Reduced by 50% in a Given Area if:
2 or More Sequential LPRs With No Improvement Needed Zero Significant Violations Flexibility in a Given Area Can Be Waived (i.e., Not Granted) if There is a Formally NRC-Identified Generic Safety or Security Concern Across the Industry Adjustments Are Not Cumulative, i.e., Flexibility Must Be Earned Each LPR Period Special and Reactive Inspections Are Independent of Any Flexible Adjustments and Can Be Basis of Revocation of Any Flexibility Suggested Flexible Adjustments to Smarter Core Inspection Program
©2020 Nuclear Energy Institute 43 Continue Public Dialogue to Reach Common Ground on Principles of Performance Based Adjustments Solicit Stakeholder Input for Assessment of Potential Changes Consider Whether Piloting Flexible Adjustments is Worthwhile Determine Timeline and Decision Points for Project Thank You!!
Future Actions
©2020 Nuclear Energy Institute 44 ALARA - As Low As Reasonably Achievable CAP - Corrective Action Program IMC - Inspection Manual Chapter IP - Inspection Procedure IROFS - Items Relied on For Safety ISA - Integrated Safety Analysis LLRW - Low-Level Radioactive Waste LPR - License Performance Review SL - Severity Level WG - Working Group Acronyms
45 QUESTIONS/COMMENTS Industry-Generated Inspection Program Topics
Public Participation At this time, the public is afforded an opportunity to ask questions and/or provide comments on the following topics:
- Integrated Schedule Updates
- NRC COVID-19 Response
- Fall Exemptions/Feedback on Exemption Process
- Status of Draft NUREG-2159 on Cat II MC&A
- Industry-Generated Inspection Program Topics 46
Status of Smarter Licensing Program Teams Work Karl Sturzebecher Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards 47
Smarter Licensing Program
Contact:
Karl Sturzebecher Organization NMSS/DFM/FFLB 301-415-8534 Objective: Implement recommendations with the best cost-benefit perspective
- Status Near Term recommendations are nearing completion Mid and Long Term action teams continue working on assigned recommendations The recommendation improvements apply to each step of the licensing process
- Licensing Process demonstration (Next slide)
- Smarter Licensing Improvements to NRC guidance (Final slide)
- Schedule - Close Out: schedule, impact, benefits achieved & lessons learned Near-Term by December 2020 Mid-Term by March 2021 Long-Term by January 2022 48
Licensing Process
Contact:
Karl Sturzebecher Organization NMSS/DFM/FFLB 301-415-8534 Acceptance Letter Reviewed Assigned Application Submitted Pre-Application Start SER Outline Drafted RAIs Needed
?
Finalize SER Draft Action in Concurrence Send Approval Letter Close Out Develop RAIs Call to Resolve 1st Issue of RAIs RAIs
Response
Resolved
?
2nd Round of RAIs Staggered Review RAI Path is Technical or Environmental YES YES YES Public Access Public Access Public Access 49
Licensing Process
Contact:
Karl Sturzebecher Organization NMSS/DFM/FFLB 301-415-8534 NT2_7b *Conduct pre-application meeting @ site NT2_4 *Support pre-application review meeting NT2_27 *Lead risk-informed & holistic NRC team meeting before pre-application meeting NT1_3 *Enhance communication practices with the licensee NT1_29 *Improve early processing alignment & communicate scope, focus & level of detail NT1_1 -(NEI) *Communicate input & milestones with licensee NT1_6a -(NEI) *Involve COEs & Office input for milestones NT1_2 *Communicate estimated hours with licensee 50
Licensing Process
Contact:
Karl Sturzebecher Organization NMSS/DFM/FFLB 301-415-8534 NT4_13a -(NEI)
- Staff Turnover NT4_8 -(NEI)*Clear basis NT4_9a -(NEI)
- Clarifying call on RAIs NT4_10(P1) *Add guidance on review timing NT4_9b - (NEI)
- Review draft response NT4_12 - (NEI) *Division management concurs on 2nd round RAIs NT3_10(P2) *RAI staggered review tool in WBL NT4_22 *Scope RAI dashboard needs for future work group 51
Licensing Process
Contact:
Karl Sturzebecher Organization NMSS/DFM/FFLB 301-415-8534 NT3_5&28 *Add guidance on combining acceptance with approval NT3_17 *Ensure WBL planning & tracking tool can address metrics requirements 52
Licensing Process
Contact:
Karl Sturzebecher Organization NMSS/DFM/FFLB 301-415-8534 MT1_15 *Develop job aids considering per review level applicability MT1_18 *Develop guidance for best job aid/instructions that apply to a review MT1_30 *Develop job aids types for risk-informing reviewers and decision makers MT1_21 *Augment guidance so review approach is cited in the SER MT1_29 *Develop job aids types for early alignment, focus, documenting, &
communicate with licensee MT1_25 *Incorporate into guidance to include Inspectors involvement MT1_31 *Develop job aids for risk-informing with support questions MT1_27 *Improve review guidance for an early holistic approach 53
54 Smarter Licensing Improvements
Contact:
Karl Sturzebecher Organization NMSS/DFM/FFLB 301-415-8534 Acceptance Letter Reviewed Assigned Application Submitted Pre-Application Start SER Outline Drafted RAIs Needed
?
Finalize SER Draft Action in Concurrence Send Approval Letter Close Out Develop RAIs Call to Resolve 1st Issue of RAIs RAIs
Response
Resolved
?
2nd Round of RAIs Staggered Review RAI Path is Technical or Environmental YES YES YES Step up early communications NRC pre-application teaming Alignment and Assignment Accomplish in a holistic manner Site visits Early communications Accurate assessment of the request Transparent milestone and charges Early RAI discussion Discussion on RAI response Transparency to inform and resolve Management addresses 2nd round RAI Metric tracking improvements WBL scheduling improvements Fast track acceptance to close out Support job aids & guidance Focus is NT1 and NT2 54
55 QUESTIONS/COMMENTS Status of Smarter Licensing Program Teams Work
Public Participation At this time, the public is afforded an opportunity to ask questions and/or provide comments on the following topic:
- Status of Smarter Licensing Program Teams Work 56
Cumulative Effects of Regulation Summary of Proceedings October 28, 2020, Session Osiris Siurano-Perez Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards 57
Meeting Category and Public Participation This is a Category 2 meeting. The public is invited to participate in this meeting by discussing regulatory issues with the Nuclear Regulatory Commission (NRC) staff at designated points.
58
Agenda - October 29, 2020 Topic Time Speakers Opening Remarks 10:00 AM Andrea Kock, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards (NMSS)
U.S. Nuclear Regulatory Commission (NRC)
Janet Schlueter Nuclear Energy Institute (NEI)
Discussion Topics October 29, 2020 Status of Inspection Modifications Operating Experience Program BREAK Status of Non-Fee Billable Work Status of Efforts on Low Safety Significance Issues Regulatory Information Conference 2021 10:10 AM Presenters:
Leira Cuadrado, Branch Chief, DFM Kevin Ramsey, Project Manager, DFM Donnie Harrison, Sr. Level Advisor for Risk Assessment, DFM Haile Lindsay, Thermal Engineer, DFM Closing Remarks 1:15 PM Andrea Kock, DFM Janet Schlueter, NEI Adjourn 1:30 PM Osiris Siurano-Perez Project Manager, DFM 59
Cumulative Effects of Regulation Public Meeting With Nuclear Energy Institute and Members of the Nuclear Fuel Cycle Industry October 29, 2020 Opening Remarks Andrea Kock, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards Janet Schlueter Nuclear Energy Institute 60
Smarter Inspection Program Status of Inspection Modifications Leira Cuadrado Branch Chief Inspection and Oversight Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards 61
Smarter Inspection Program Status of Inspection Modifications 62
- Working Group (WG) conducted a holistic assessment of the fuel cycle oversight program to:
- Improve effectiveness and efficiency
- Further integrate risk-informed insights to ensure that the appropriate focus is applied to the areas most important to safety
- DFM Director approved (ML20079E064) the WGs recommendations (ML20078P093) on March 19, 2020
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 62
Smarter Inspection Program Enhancement Effort 63
- Revise fuel cycle inspection guidance documents
- Adjust the frequency of inspections + number of hours, according to the risk of the activity
- Reduce inspection frequency for facilities with an approved corrective action program
- Train inspectors with revised guidance documents, with full implementation starting January 2021
- Complete assessment of the scope of the resident inspector program
- Formalize process to incorporate operating experience into inspection program after revision of inspection guidance documents
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 63
64 Smarter Inspection Program Revision Process Revise Guidance Document Technical Staff Review HQ resolves Technical Staff Comments Technical Staff Concurrence Branch Chief Review HQ resolves Branch Chief Comments Branch Chief Concurrence (HQ + Regions)
DFM Director Review HQ resolves DFM Director Comments DFM Director Concurrence Issuance of Guidance Document
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324
- May involve multiple iterations back and forth 64
65 Smarter Inspection Program Status of Revisions
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 65
66 Smarter Inspection Program Proposed Changes
- IP 88135: Resident Inspector Program
- Adjust inspections to focus on areas of higher risk-significance Utilizing the Integrated Safety Analysis Emergent plant issues Current equipment problems
- Approximately 752 hours0.0087 days <br />0.209 hours <br />0.00124 weeks <br />2.86136e-4 months <br /> of direct inspection, with variance of + 10%
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 66
67 Smarter Inspection Program Proposed Changes
- IP 88135: Resident Inspector Program (continued)
- Rewrites to IP 88135 Attachments to align with recommendations
- Consolidation of the Identification and Resolution of Problems guidance to IP 88135.02, Plant Status, only, to eliminate duplication in remaining IP 88135 Attachments
- NRC staff will pilot incorporating issues of low safety significance as part of the IP revisions Formal assessment of the resident program to be completed in 2021
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 67
68 Smarter Inspection Program Proposed Changes (continued)
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324
- IP 88045: Environmental Protection
- Inclusion of aspects from IP 88030, Radiation Protection
- Additional scope related to decommissioning planning during operations 68
69 Smarter Inspection Program Proposed Changes (continued)
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324
- IMC 2600: Fuel Cycle Facility Operational Safety and Safeguards Inspection Program
- Flexibility for remote oversight activities
- New Appendix E to IMC 2600 Guidance for inspections during pandemics and other wide-spread illnesses Incorporates guidance issued for COVID-19 69
70 Smarter Inspection Program Proposed Changes (continued)
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324
- Retirement of Guidance Documents Retiring Guidance Documents Information to Be Incorporated Into IP 88025, Maintenance and Surveillance of Safety Controls IP 88020, Operational Safety IP 88015, Nuclear Criticality Safety IP 88030, Radiation Protection IP 88035, Radioactive Waste Processing, Handling, Storage, and Transportation IP 88030, Radiation Protection IP 88045, Effluent Control and Environmental Protection 70
71 QUESTIONS/COMMENTS Smarter Inspection Program
Fuel Cycle Operating Experience Program Leira Cuadrado Branch Chief Inspection and Oversight Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards 72
Fuel Cycle Operating Experience Program
- Overview
- Background
- Fuel Cycle (FC) Operating Experience (OpE)
Program Purpose
- FC OpE Program Description
- FC OpE Data Evaluation Process
- OpE Program Products
- Future OpE 73
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324
- OpE Program Purpose
- Collect, evaluate, and trend OpE for continuous improvement of regulatory processes
- OpE Components
- Implementing procedures and guidance for the data screening process using NMSS P&P 6-14, Fuel Cycle Operating Experience Program
- Database 74
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 Fuel Cycle Operating Experience Program
75
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 Event Notification Domestic OpE International OpE OpE Data Fuel Cycle Operating Experience Program
76
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 OpE Data Step 1 Performance Area Step 2 Event Sub-categorization Step 3 Level of Safety Significance Step 4 Contributing Factors Step 5 Reporting Requirements Fuel Cycle Operating Experience Program
77
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 Screening Step 1: Performance Area
- Criticality Safety
- Operational Safety
- Chemical Hazard
- Fire Hazard
- Radiation Protection Program
- Occupational
- Public
- Material Control and Accounting (MC&A)
- Shipping
- Onsite
- Natural Phenomena Hazard (NPH)
- Construction Fuel Cycle Operating Experience Program
78
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 Screening Step 2: Sub-Categories
- The sub-categories provide additional screening criteria to describe specific traits of the event and are available as searchable terms in the FC OpE database.
Failure (Initiating Event)
Structure System or Components (SSC)
Yes IROFS Passive Active Control (Criticality)
Double Contingency Chemical Control Radiological Control Fire Control No IROFS Administrative Procedural Control Radiologi cal Control Criticality Control Chemical Control Fire Control Unplanned Medical Treatment Chemical Injury (
e.g., ocular or dermal exposure to chemicals)
Operational ( e.g.,
thermal burn, injury while operating)
Personal ( e.g.,
heart attacks, low sugar, fainting)
Over Exposure to a Worker Other - This could be modified as we received information Fuel Cycle Operating Experience Program
79
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 Screening Step 3: Level of Safety Significance
- Level A: An event that resulted in or could have resulted in consequences commensurate with a high consequence event as defined by 10 CFR 70.61, Performance Requirements, as a result of licensed materials or hazardous chemicals produced from licensed materials.
- Level B: An event that resulted in or could have resulted in consequences commensurate with an intermediate-consequence event as defined by 10 CFR Part 70.61. These events usually include escalated enforcement actions, such as Severity Level III violations and may include multiple Level C events of a similar nature.
- Level C: An event that is less serious than a Level B event and resulted in a low safety consequence. These events can include Severity Level IV violations, Non-Cited Violations, Minor Violations and events with no associated violations.
Safety significance Level C should not include escalated violations.
Fuel Cycle Operating Experience Program
80
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 Screening Step 4: Contributing Factors
- Maintenance
- Procedures and Work Packages
- Configuration Management (CM)
- Design
- Training and Qualifications
- Human Factors
- Integrated Safety Analysis (ISA)
- Not Applicable (N/A)
Fuel Cycle Operating Experience Program
81
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 Screening Step 5: Reporting Requirements
- The FC OpE Program applies procedures for event reporting to determine if an event is reportable by the NRC
- Reporting Material Events to the International Nuclear Event Scale
- Abnormal Occurrences Reporting Fuel Cycle Operating Experience Program
82
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 Trending Analysis RESULTS Contributing Factors Level of Safety Significance Performance Areas Fuel Cycle Operating Experience Program
83
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 Program products
- Primary
- Generates the annual FC OpE report.
- Supports international event reporting activities (e.g., FINAS, INES)
- Secondary
- Provides a source of information to support continuous improvement of the regulatory processes and oversight program
- Supports the development of generic communication for internal and external stakeholders
- Assists the process for generating or reviewing guidance documents Fuel Cycle Operating Experience Program
84
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 2019 Fuel Cycle OpE Report - ML20010E782
- A total of 21 events were reported
- 4 events were retracted
- 8 events were reported under 10 CFR 70 Appendix A (c)
Concurrent Report
- 9 events to analyze Criticality safety (3)
Chemical processes (2)
Fire safety (2)
MC&A (2)
Fuel Cycle Operating Experience Program
85
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 Future of OpE
- The WG recommends formalizing into the inspection program the results of the Operating Experience Program and the Fuel Cycle Inspection Assessment Program to determine, on a frequent basis, if changes to core inspection program are needed.
Smarter Inspection Program Report - ML20073G659 Fuel Cycle Operating Experience Program
86
Contact:
Leira Cuadrado NMSS/DFM/IOB 301-415-0324 Future of OpE (continued)
- Benchmark other programs, including ROP and materials
- Scope and data sources
- How feedback is incorporated into inspection program
- Obtain stakeholder feedback
- How does industry use operating experience?
What sources of data are considered?
How are the insights or results of your operating experience program leveraged?
Fuel Cycle Operating Experience Program
87 QUESTIONS/COMMENTS Fuel Cycle Operating Experience Program
Status of Non-Billable Work Kevin Ramsey Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards 88
Self-Assessment of Non-Billable Work in the Fuel Facilities Business Line
Contact:
Kevin Ramsey NMSS/DFM/FFLB 301-415-7506 Self-Assessment Report issued April 15, 2019 Closure Report for Corrective Actions issued December 23, 2019 Effectiveness Review Report issued August 4, 2020 Charges without Enterprise Project Identifier Licensing declined from 97% to 50%
Oversight declined from 99% to 36%
Rulemaking declined from 64% to 54%
89
New Billable Cost Accounting Code for Routine Inspection Related Communications
Contact:
Kevin Ramsey NMSS/DFM/FFLB 301-415-7506 Self-Assessment identified inconsistent billing between Project Managers (PMs) and Project Inspectors (PIs)
Both perform similar duties (schedule management, routine communications, briefing packages, etc.)
PM time billed, but PI time not billed Operating Reactor business line uses billable code for routine inspection related communications We have defined a new CAC 001710 (FB-FF-Routine Inspection Related Communications) 90
Status of Non-Billable Work in the Fuel Facilities Business Line
Contact:
Kevin Ramsey NMSS/DFM/FFLB 301-415-7506
- Product Line 1 - Event Response (1786 hours0.0207 days <br />0.496 hours <br />0.00295 weeks <br />6.79573e-4 months <br />)
Event Response Operations Incident Response Exercises Product Line 2 - Generic Homeland Security (Off Fee Base)
- Product Line 3 - International Activities (9475 hours0.11 days <br />2.632 hours <br />0.0157 weeks <br />0.00361 months <br />)
Conventions & Treaties Import/Export Licensing International Cooperation International Liaison 91
Status of Non-Billable Work in the Fuel Facilities Business Line
Contact:
Kevin Ramsey NMSS/DFM/FFLB 301-415-7506
- Product Line 4 - Licensing (16,950 hours0.011 days <br />0.264 hours <br />0.00157 weeks <br />3.61475e-4 months <br />)
Emergency Preparedness (EMP Activities, etc.)
Codes and Standards Meetings Develop and Maintain Licensing Guidance (Cat II MC&A, Smarter Licensing, Critical Mass SRP, etc.)
Environmental Reviews (Environmental Center of Expertise, Licensing Assistant Support, etc.)
Non-Billable Licensing Actions (Licensing Assistant Support, Technical Assistant Duties, CER Program, Fee Exempt Universities, etc.)
Policy Outreach (Evidence Act Working Group, etc.)
Security (MOU with DHS and DOT, Advance Notice of Shipments, etc.)
92
Status of Non-Billable Work in the Fuel Facilities Business Line
Contact:
Kevin Ramsey NMSS/DFM/FFLB 301-415-7506
- Product Line 5 - Oversight (23,247 hours0.00286 days <br />0.0686 hours <br />4.083995e-4 weeks <br />9.39835e-5 months <br />)
- Allegations & Investigations
- Enforcement (Enforcement Policy Revision, etc.)
- Codes and Standards Document Review
- Develop & Maintain Inspection Guidance (Risk-Informed Inspection Program, Low Safety Significance Issue Resolution, etc.)
- Enforcement Related Order Follow-up (GNFA, BWXT, etc.)
- Inspection (Project Inspector Duties, Smarter Inspection Program, DFFI Office Tasks, Technical Assistant Duties, etc.)
- Security (Project Inspector Duties, Accepting Risk in Decision-making, DFFI Office Tasks, etc.)
93
Status of Non-Billable Work in the Fuel Facilities Business Line
Contact:
Kevin Ramsey NMSS/DFM/FFLB 301-415-7506
- Product Line 7 - Rulemaking
- Pre-Rulemaking (COVID-19 response, FY 2021 Fee Rule, etc.)
- Proposed Rules (Cyber Security for Fuel Facilities, etc.)
- Final Rules (Enhanced Weapons, FY 2020 Fee Rule, etc.)
- Rulemaking Support (Post rulemaking for Part 74, Administrative Support, etc.)
- Product Line M - Support Staff (25,282 hours0.00326 days <br />0.0783 hours <br />4.662698e-4 weeks <br />1.07301e-4 months <br />)
Non-Supervisory Staff (NextGen Activities, Fee Billing Support, Staff Meetings, etc.)
Supervisory Staff Administrative Assistants 94
95 QUESTIONS/COMMENTS Status of Non-Billable Work in the Fuel Facilities Business Line
Status of Efforts on Low Safety Significance Issues Donnie Harrison Senior Level Advisor Division of Fuel Management Office of Nuclear Material Safety and Safeguards 96
Low Safety Significant Issue Resolution (LSSIR)
- Low safety significant issues that, in some cases, result in an excessive effort (resources and time) to resolve What is being addressed?
- Put in place process enhancements to mitigate (risk-inform) these situations What is the objective?
Contact:
Donnie Harrison NMSS/DFM 301-415-2470 Status of Efforts on Low Safety Significance Issues 97
=
Background===
- Provided approach and recommendations (subsequently approved by NRR Office director) on approach to address these issues
- Implemented concept and used a handful of times
- Concept could also apply in NMSS; with some modifications
- Identified activities pursuing similar intent over multiple business lines
Contact:
Donnie Harrison NMSS/DFM 301-415-2470 Status of Efforts on Low Safety Significance Issues 98
Background (continued)
- NMSS working team formed with staff across business lines to share insights on implementing a consistent approach while recognizing differences in business lines
- Andrea Kock (NMSS Leadership Champion)
- Alayna Pearson (DFM)
Contact:
Donnie Harrison NMSS/DFM 301-415-2470 Status of Efforts on Low Safety Significance Issues 99
Contact:
Donnie Harrison NMSS/DFM 301-415-2470 100 Status of Efforts on Low Safety Significance Issues Concept of the Universe of Issues Evaluate issue to determine regulatory actions:
- Generic Issue Screening
- Order
- Backfit (72.62)
- TAR Address issue with appropriate regulatory tools:
- Enforcement
- Order
- Consider Prompt Corrective Action Safety Significant Safety Significant Low Safety Significant Clearly NOT in Licensing Basis Clearly in Licensing Basis Limited effort that issue is likely outside licensing basis & is of low safety significance:
- Stop Pursuing to Full Resolution
- Document Decision with Bases
- Re-focus Resources Address issue with appropriate tools (achieve compliance or change licensing basis) such as:
- Corrective Action
- Change Licensing Basis (72.7 Exemption, 72.56 Amendment, etc.)
- Change Requirement (Rulemaking)
Existing Processes; Continual Improvement Longer-Term Solutions Ripe for Near-Term Gains
Very Low Inspector Identifies Issue Not clear if its required per licensing bases
- The licensee argues it is not required per licensing bases and provides justification Inspector evaluates licensee argument (nominal effort)
- Inspector can invalidate licensees position Determine Safety Significance Continue Normal Inspection Processes
- Inspector cannot invalidate licensees position; not clear if its required per licensing bases Not Very Low Follow Normal Inspection
(& URI/TAR)
Processes & Include Issue Documentation Document Very Low Safety Significance Without Pursuing Full Resolution
Contact:
Donnie Harrison NMSS/DFM 301-415-2470 Status of Efforts on Low Safety Significance Issues 101
102 QUESTIONS/COMMENTS Status of Efforts on Low Safety Significance Issues
Regulatory Information Conference 2021 Haile Lindsay Thermal Engineer Division of Fuel Management Office of Nuclear Material Safety and Safeguards 103
Regulatory Information Conference 2021 March 8 - 11, 2021 104 Potential Panel Sessions Panel Topics Panelists Panel Type Panel Chair DFM Point of Contact Front and Back End ATF (joint with NRR lead)
Preparations for licensing ATF NRC (NMSS and RES),
EPRI, NEI, DOE Discussion Marilyn Diaz Ricardo Torres Preparing for Advanced Reactor Fuels Preparations for advanced reactor fuels (front and back end)
NRC, DOE, Fuel Vendor, DOT Discussion Tom Boyce Jonathan Marcano
Contact:
Haile Lindsay NMSS/DFM/CTCFP 301-415-0616
105 QUESTIONS/COMMENTS Regulatory Information Conference 2021
Public Participation At this time, the public is afforded an opportunity to ask questions and/or provide comments on the following topics:
- Status of Inspection Modifications
- Operational Experience
- Status of Non-Fee Billable Work
- Status of Efforts on Low Safety Significance Issues
- Regulatory Information Conference 2021 and Fuel Cycle Topics 106
Closing Remarks Andrea Kock, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards Janet Schlueter Nuclear Energy Institute 107