ML20349A267

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Rulemaking: Discussion Table for Preliminary Rule Language for the Part 53 Rulemaking: Subpart F Requirements for Operation (Facility Safety Program Only)
ML20349A267
Person / Time
Issue date: 12/18/2020
From: Robert Beall
NRC/NMSS/DREFS/RRPB
To:
Beall, Robert
Shared Package
ML20289A534 List:
References
10 CFR Part 53, NRC-2019-0062, RIN 3150-AK31
Download: ML20349A267 (10)


Text

THIS PRELIMINARY PROPOSED RULE LANGUAGE AND ACCOMPANYING DISCUSSION IS BEING RELEASED TO SUPPORT INTERACTIONS WITH STAKEHOLDERS AND THE ADVISORY COMMITTEE ON REACTOR SAFEGUARDS (ACRS). THIS LANGUAGE HAS NOT BEEN SUBJECT TO COMPLETE NRC MANAGEMENT OR LEGAL REVIEW, AND ITS CONTENTS SHOULD NOT BE INTERPRETED AS OFFICIAL AGENCY POSITIONS.

THE NRC STAFF PLANS TO CONTINUE WORKING ON THE CONCEPTS AND DETAILS PROVIDED IN THIS DOCUMENT AND WILL CONTINUE TO PROVIDE OPPORTUNITIES FOR PUBLIC PARTICIPATION AS PART OF THE RULEMAKING ACTIVITIES.

THE STAFF IS PRIMARILY SEEKING INSIGHTS REGARDING THE CONCEPTS IN THIS PRELIMINARY LANGUAGE AND SECONDARILY SEEKING INSIGHTS RELATED TO DETAILS SUCH AS NUMERICAL VALUES FOR VARIOUS CRITERIA.

STAFF DISCUSSION OF SUBPART F (Facility Safety Program) - PRELIMINARY RULE LANGUAGE, DECEMBER 2020 Preliminary Language Discussion Subpart F - Requirements for Operation Subpart F addresses ongoing requirements for the operations phase of the life cycle of advanced nuclear plants. This subpart is Section 53.8XX Only - Facility Safety Program envisioned to address operational areas such as configuration control; maintaining availability and capabilities of SSCs; maintenance, repair and inspection programs; quality assurance; staffing (including operator licensing); emergency preparedness; security; radiation protection; and facility safety program.

The preliminary rule language and discussion points within this document address a proposal for requiring an ongoing facility safety program (FSP). The FSP concept is being considered, in part, to address expected changes to advanced reactors over the course of such a facilitys lifecycle, and a move from regulating a relatively small number of large facilities to possible a larger number of smaller facilities. The staff looked at models in other U.S. agencies (e.g., Department of Transportation, Environmental Protection Agency) and identified an approach as reflected in the following sections for a facility safety program as a way to support this new regulatory program in Part 53 (i.e., licensing and inspection/oversight). The Federal Railroad Administration Part 270 under Title 49, Transportation of the CFR was used as a model.

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§ 53.800 Facility Safety Program This section establishes the general requirement for an FSP and it Each licensee must establish and implement a and the following sections are used to supplement expected facility safety program (FSP) that routinely and requirements in Subpart C, Design and Analysis Requirements, systematically evaluates potential hazards, operating which will include provisions to perform and periodically update experience related to plant SSCs, human actions, and probabilistic risk assessments (PRAs), and other requirements programmatic controls affecting the safety functions within this subpart related to configuration control and maintaining required by § 53.210, and the resulting changes in risks the capabilities and reliabilities of SSCs and programmatic controls to the public from operation of the facility over its consistent with underlying analyses.

operating lifetime. An FSP must include a risk-informed, performance-based process to proactively identify new The staff is interested in stakeholder views on whether the or revised internal or external hazards to the facility and desire to assess and, as appropriate, address new or revised performance issues related to plant SSCs, human information on potential hazards could be better addressed by actions, and programmatic controls and must consider embedding sections within other expected requirements (e.g.,

measures to mitigate or eliminate the resulting risks requirements to update PRAs).

using the criteria defined in § 53.810. The FSP must be implemented and supported by a written FSP as required in § 53.820.

§ 53.810 Facility Safety Program Performance Requirements from other sections (e.g., design & analysis, Criteria operations) address compliance with the first and second tier safety (a) Each licensee for an advanced nuclear plant criteria.

must take measures to protect public health and minimize danger to life or property as may be This section provides the criteria for considering risk-reduction reasonably achieved when considering technology measures when performing the periodic assessments per the changes, economic costs, operating experience, new or process in the following section (§ 53.820). The actual numerical revised hazard assessments, or other factors included in values are expected to be a topic of discussion and may change.

the FSP plan required by § 53.820. Performance However, the concept is to provide an entry condition for objectives for design features and programmatic considering risk reduction - with the actual decision on whether to controls must be established such that the risks to public implement a change being decided by a cost-benefit process. It is health and safety from an advanced nuclear plant due to expected that guidance will be prepared to define appropriate normal operation or licensing basis events must not be a factors such as dollars per person-rem and be able to use existing significant addition to other societal risks. guidance (e.g., regulatory analysis guidelines, severe accident (1) Each licensee must assess risk reduction mitigation alternatives). The goal for establishing criteria for measures related to the release or potential release of considering risk-reduction measures is that they are low enough to 2

radioactive materials in plant effluents during normal initiate the process when appropriate but not so low as to initiate operation whenever such a release could result in a unnecessary analyses.

member of the public receiving an annual radiation dose in excess of 0.3 millirems from liquid effluents or 1 millirem from gaseous effluents. The assessment and risk reduction measures must maintain doses to members of the public as low as is reasonably achievable taking into account the state of technology, the economics of improvements in relation to the state of technology, operating experience, and the economics of improvements in relation to benefits to the public health and safety.

(2) Each licensee must assess potential risk reduction measures related to licensing basis events, identified hazards, or other specific contributors to the overall cumulative risk from unplanned events as follows:

(i) For new or revised hazards, plant features, or other contributors to licensing basis events with an estimated upper bound frequency above one in one thousand years, licensees must consider risk reduction measures whenever the estimated radiation dose to a member of the public exceeds 2.5 millirem and the estimated frequency weighted cumulative dose to nearby populations increases by [5 person-rem].

(ii) For new or revised hazards, plant features, or other contributors to licensing basis events with an estimated lower bound frequency below one in one thousand years, licensees must consider risk reduction measures whenever the estimated frequency weighted cumulative dose to nearby populations increases by

[5 person-rem] and either the frequency of a member of the public receiving a radiation dose with the potential for immediate health effects approaches five in one hundred million years or a radiation dose with the 3

potential to cause latent health effects approaches two in ten million years.

(iii) For new or revised hazards, plant features, or other contributors to licensing basis events with an estimated dose to a member of the public less than or equal to a threshold value used for operational flexibilities in accordance with § 53.470, licensees must consider risk reduction measures whenever changes to the estimated consequences reduce the margin to the subject threshold value by more than ten percent and the estimated frequency weighted cumulative dose to nearby populations increases by [5 person-rem].

(iv) The assessment and risk reduction measures must maintain doses to members of the public as low as is reasonably achievable taking into account the state of technology, the economics of improvements in relation to the state of technology, information available on potential hazards, operating experience, and the economics of improvements in relation to benefits to the public health and safety.

(b) Risk reduction measures taken at advanced nuclear plants whose licenses refer to certified designs or manufacturing licenses must also follow the change control and reporting provisions of 10 CFR part 52 or subpart H of this part related to changes to standardized designs.

§ 53.820 Facility safety program plan This section provides the mechanics for the facility safety programs.

(a) General. Each licensee must adopt and The scope of the program includes assessments of new or revised implement an FSP using a written FSP plan that, at a information related to SSCs, personnel, and programs; natural or minimum, contains the elements in this section. This manmade hazards, and operating experience. A guidance FSP plan must be approved by NRC under the process document (perhaps template) would be useful for implementing this required in § 53.830. requirement.

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(b) Scope. (1) Each licensee must set forth in its FSP plan a statement describing the facility or facilities covered by the plan. The description must include the facility, personnel, programmatic controls, and facility environs that influence the assessments used in assessing potential risks in accordance with subparts B and C of this part and potential reduction measures using the performance criteria in § 53.810. The scope of the program plan must consider new or revised information related to:

(i) The performance of SSCs in terms of their capability and availability to perform the required safety functions required by § 53.210 during normal operation and licensing basis events and assessing potential risk reduction measures using the performance criteria in

§ 53.810; (ii) The role of personnel in making decisions, operating plant SSCs, or otherwise supporting the safety functions required by § 53.210 and assessing potential risk reduction measures using the performance criteria in § 53.810; (iii) The programmatic controls required within this part or otherwise implemented by a licensee to ensure capabilities and availabilities of SSCs and personnel performing the safety functions required by

§ 53.210 and assessing potential risk reduction measures using the performance criteria in § 53.810; (iv) Natural and manmade hazards with the potential to affect plant SSCs or personnel supporting the safety functions required by § 53.210 and assessing potential risk reduction measures using the performance criteria in § 53.810; and (v) Operating experience related to plant SSCs, personnel, or programmatic controls supporting the safety functions required by § 53.210 and assessing 5

potential risk reduction measures using the performance criteria in § 53.810.

(2) The methods used to analyze the technologies identified under paragraph (f)(1)(i) of this section against the criteria provided in § 53.810.

(3) Each licensee must set forth in its FSP plan a description of its overall safety philosophy and intended safety culture to be practiced by its management, employees and contractors; and (4) Each licensee must identify the required participants in the FSP plan, which will include managers, employees, and contractors that directly support facility operations; maintain, inspect, or change plant SSCs or programmatic controls; or assess potential risk reduction measures as required by

§ 53.820.

(c) Implementation. Each licensee must describe in its FSP plan the process the licensee will use to implement and maintain its FSP. As part of the licensees implementation process, the licensee must describe roles and responsibilities of each position that has significant responsibility for implementing the FSP, including those held by employees and other persons utilizing or providing significant services as identified by the licensee pursuant to paragraph (b)(3) of this section.

(d) Facility safety program training:

(1) Each manager, employee, and contractor identified under paragraph (b)(3) of this section will be trained on the licensees FSP.

(2) Each licensee must establish and describe in its FSP plan the licensees facility safety program training plan. An FSP training plan must set forth the procedures by which managers, employees, and contractors identified under paragraph (b)(3) of this section will be trained on the licensees FSP. An FSP 6

training plan must help ensure that all personnel who are responsible for implementing and supporting the FSP understand the goals of the program, are familiar with the elements of the program, and have the requisite knowledge and skills to fulfill their responsibilities under the program.

(3) For each position identified pursuant to paragraph (b)(3) of this section, the training plan must describe the frequency and content of the FSP training that the position receives.

(4) Training under this subpart F may include, but is not limited to, classroom, computer-based, or correspondence training.

(5) The licensee must keep a record of all training conducted under this part and update that record as necessary. The FSP training plan must set forth the process used to maintain and update the necessary training records required by this part.

(6) The FSP training plan must set forth the process used by the licensee to ensure that it is complying with the training requirements set forth in the training plan.

(e) Risk-informed hazard management program.

Each licensee must establish a risk-informed hazard management program as part of the licensees FSP.

The risk-informed hazard management program must be fully described in the FSP plan. The risk-informed hazard management program must establish:

(1) The processes or procedures used in the risk-informed hazard analysis to identify internal and external hazards having the potential to increase the frequency or consequences of radiological releases from normal operation or licensing basis events; (2) The processes or procedures used in the risk-informed hazard analysis to analyze identified 7

hazards and support assessments against the criteria provided in § 53.810; (3) The methods used to identify and implement actions that mitigate or eliminate hazards based on assessments against the criteria provided in § 53.810.

(4) The methods used to ensure changes to the facility design or operations do not adversely affect measures in place to mitigate or eliminate hazards or that such changes have been assessed pursuant to the appropriate change control and have been incorporated into models used for assessments against the criteria provided in § 53.810.

(5) The methods used to maintain records of identified hazards and risks and the mitigation or elimination of the identified hazards and risks throughout the life of the facility.

(6) The position title(s) of the individual(s) responsible for administering the risk-informed hazard management program.

(f) Technology assessment program. Each licensee must establish a technology assessment program as part of the licensees FSP. The technology assessment program must be fully described in the FSP plan. The technology assessment program must establish:

(1) The methods used to identify and analyze current, new, or novel technologies that will mitigate or eliminate internal or external hazards and resulting risks from the release of radioactive materials from a facility during normal operations or licensing basis events; (2) The methods used to analyze the technologies identified under paragraph (f)(1) of this section against the criteria provided in § 53.810.

(3) The methods used to identify and implement actions related to technologies identified under 8

paragraph (f)(1) of this section based on assessments against the criteria provided in § 53.810.

(4) The methods used to maintain records of technology assessments throughout the life of the facility.

(5) The position title(s) of the individual(s) responsible for administering the technology assessment program.

(g) Internal facility safety program assessment.

(1) The licensee must describe in the FSP plan methods to annually confirm:

(i) The FSP is fully implemented and effective; (ii) The licensees overall safety philosophy and intended safety culture are being implemented and effective; (iii) The facility safety program training program is implemented and effective; (iv) The facility continues to meet the performance criteria set forth in § 53.210 and effectively consider risk reduction measures using the performance criteria set forth in § 53.810.

(2) As part of its FSP plan, the licensee must describe the processes used to:

(i) Conduct internal FSP assessments; (ii) Internally report the findings of the internal FSP assessments to a management level so that the required authority and organizational freedom, including sufficient independence from cost and schedule when opposed to safety considerations, are provided; (iii) Develop, track, and review recommendations as a result of the internal FSP assessments; (iv) Develop improvement plans based on the internal FSP assessments; and 9

(v) Manage revisions and updates to the FSP plan based on the internal facility safety program assessments.

53.830 Review, Approval, and Retention of Facility This section provides the connection between the facility safety Safety Program Plans program and NRC approval/change control processes that will be in (a) Initial Filing. Each applicant for a license Subparts H, Licenses, Certifications, and Approvals, and I, under this part must include its FSP plan as part of the Maintaining and Revising Licensing Basis Information.

application.

(b) Approval. The NRC will review the FSP plan to determine if the elements prescribed in this part are sufficiently addressed in the applicants submission.

Approval of an FSP plan under this part does not constitute approval of the specific actions the licensee will implement under its FSP plan pursuant to § 53.820 and must not be construed as establishing an NRC standard regarding those specific actions.

(c) Review of amendments.

Need to work out nature of reviews, notices, opportunities for hearing, etc. on amendments to the FSP plan. (CRITERIA X OK report w/in x days, NRC respond within y days). CRITERIA Y follow process in

§ 53.xyz (license amendment) 10