ML21082A515

March 24-25 Fuel Facility Stakeholders Public Meeting Presentations

ML21082A515
Person / Time
Issue date:	03/24/2021
From:	Osiris Siurano-Perez Division of Fuel Management
To:	Nuclear Energy Institute
Shared Package
ML21082A392	List: ML21082A400 ML21082A417 ML21082A424 ML21082A515
References
Download: ML21082A515 (128)

Text

Osiris Siurano-Perez, Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards Email: Osiris.Siurano-Perez@nrc.gov Phone: 301-415-7827 1

Fuel Cycle Stakeholders Meeting March 24, 2021 Public Meeting With Nuclear Energy Institute and Members from the Nuclear Fuel Cycle Industry

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 - March 24, 2021 Topic Time Speakers Introduction (Purpose, Rules for Meeting) 10:00 AM Osiris Siurano-Pérez, Project Manager Division of Fuel Management (DFM)

Opening Remarks 10:10 AM Andrea Kock, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Janet Schlueter Nuclear Energy Institute (NEI)

• Status of Action Items from October 2020 Meeting

• Integrated Schedule and Supplement Updates 10:15 AM Osiris Siurano-Pérez, Project Manager, DFM Status of ATF and Advanced Reactor Activities 10:45 AM Marilyn Díaz, Project Manager, DFM Nima Ashkeboussi, Sr. Director Fuel and Radiation Safety Programs, NEI Ben Holtzman, Senior Project Manager Fuel and Radiation Safety, NEI Public Q & A 11:15 AM Break 11:25 AM Fuel Facility Licensing

• Status of Smarter Licensing Program

• COVID Lessons Learned and Beyond o What worked well? What can the agency and the industry do more of, better, or different?

11:40 AM Donnie Harrison, Senior Level Advisor, DFM Matthew Bartlett, Project Manager, DFM NRC staff/NEI/Industry Public Q & A 12:20 PM Lunch Break 12:30 PM 3

Agenda - March 24, 2021 (cont.)

Topic Time Speakers Fuel Facility Oversight

• Status of the Fuel Cycle Smarter Inspection Program, COVID-19 Public Health Emergency Oversight Activities Assessment, and Operating Experience Program

• Discussion on Industry Position regarding Safety Margin: Dispositioning Degraded or Failed Management Measures Above and Beyond Regulatory Requirements, and Meeting Performance Criteria 1:30 PM Leira Cuadrado, Branch Chief, DFM NEI/Industry Public Q & A 2:50 PM Break 3:00 PM Issues of Low Safety Significance 3:10 PM Donnie Harrison, Senior Level Advisor, DFM NEI/Industry Current and Future Non-fee Billable Activities 4:00 PM Kevin Ramsey, Senior Project Manager, DFM NEI/Industry Public Q & A 4:15 PM Closing Remarks and Adjourn 4:25 PM Andrea Kock, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Janet Schlueter Nuclear Energy Institute (NEI) 4

Opening Remarks Andrea Kock, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards Janet Schlueter, Senior Director Fuel and Radiation Safety Nuclear Energy Institute 5

Osiris Siurano-Perez Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards 6

Action Items From Previous Meeting Fuel Cycle Stakeholders Meeting

Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting 7

7 Action Item 1

• Update the Integrated Schedule chart and Supplement to:

o reflect future plans for the Part 61 rulemaking o include the status of the guidance for the Cat II facilities

• Consider whether other topics need to be added to the regulatory activities list Action item 2

• NRC Covid-19 response, Remote/On-site inspections Feedback and Lessons Learned o Consider and communicate how NRC will move forward during Phase B o Remote plus on-site inspections (combined approach): consider what can be improved Action Item 3

• NUREG-2159, Acceptable Standard Format and Content for the Material Control and Accounting Plan Required for Special Nuclear Material of Moderate Strategic Significance o Consider holding a public meeting on the draft document 3-4 weeks after comment period on the document has started Action Item 4 Revisions to IMC 0616: look at whether the revisions changed the interpretation of minor violation vs.

SL-IV violations Action item 5

• NEI suggestion on Inspection Manual Chapter 0616 App B risk-informed guidance for minor/more-than-minor significance is new position Action Item 6

• Status of non-fee billable work o If possible, NRC staff to provide information on:

Breakdown of enforcement activities that are fee-billable Budgeted vs. expended resources

Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

• Action Item 1 Update the Integrated Schedule chart and Supplement to:

reflect future plans for the Part 61 rulemaking include the status of the guidance for the Cat II facilities Consider whether other topics need to be added to the regulatory activities list 8

8

Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

• NRC Staff Resolution of Item 1 Part 61 rulemaking The NRC is currently implementing two Commission-directed rulemaking activities, which are in different stages 10 CFR Part 61 low level radioactive waste disposal rule Development of Regulatory Basis for Greater-Than-Class-C waste rule Both would amend 10 CFR Part 61 and have related proposed requirements NRC staff recommended to the Commission to consolidate and integrate into one proposed rule SECY-20-0098 Information included on the Integrated Schedule Chart and Supplement The staff is awaiting Commission direction on its recommendation and, therefore, future plans are still to be determined 9

9

Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

• NRC Staff Resolution of Item 1 (cont.)

Include status of guidance for the Cat II facilities on the Integrated Schedule chart and supplement Information on the status of the document is now included on the chart More detailed information included in the supplement 10 10

Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

• NRC Staff Resolution of Item 1 (cont.)

Consider whether other topics need to be added to the regulatory activities list The staff has included information on the status of the following rulemaking activities Decommissioning Financial Assurance for Sealed and Unsealed Radioactive Material (PRM-30-66; NRC-2017-0159) - SECY-19-0125 Advance Notice of Proposed Rulemaking - Alternatives to the Use of Credit Ratings (RIN 3150-AJ92) - SECY-20-0056 11 11

Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

• NRC Staff Resolution of Item 1 (cont.)

Topics added to regulatory activities list Categorical Exclusions from Environmental Review-SECY-20-0065 Rulemaking Plan - Transforming the NRC Environmental Review Process - SECY-21-0001 Path Forward and Recommendations for Certain Low-Level Radioactive Waste Disposal Rulemakings

- SECY-20-0098 12 12

Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

• NRC Staff Resolution of Item 1 (cont.)

Topics added to regulatory activities list Proposed Rule: Harmonization of Transportation Safety Requirements with International Atomic Energy Agency Standards (RIN 3150-AJ85; NRC-2016-0179) - Part 71-SECY-16-0093 and SECY-20-0102 Other activity Low Safety Significant Issues 13 13

• Action Item 2

- NRC Covid-19 response, Remote/On-site inspections Feedback and Lessons Learned Consider and communicate how NRC will move forward during phase II Remote plus on-site inspections (combined approach): consider what can be improved 14 14 Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

• NRC Staff Resolution of Item 2 The staff considered actions to address the item Will discuss resolution during this afternoons discussion on Fuel Facility Oversight Presented by Ms. Leira Cuadrado, Chief, Inspection and Oversight Branch, DFM 15 15

• Action Item 3

- NUREG-2159, Acceptable Standard Format and Content for the Material Control and Accounting Plan Required for Special Nuclear Material of Moderate Strategic Significance Consider holding a public meeting on the draft document 3-4 weeks after comment period on the document has started 16 16 Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

• NRC Staff Resolution of Item 3 The staff has discussed the request Decision still pending 17 17

• Action Item 4 Revisions to IMC 0616: look at whether the revisions changed the interpretation of minor violation vs. Severity Level IV violations 18 18 Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

• NRC Staff Resolution of Item 4 The staff will discuss resolution during discussion on Fuel Facility Oversight Presented by Ms. Leira Cuadrado, Chief, Inspection and Oversight Branch, DFM 19 19

• Action Item 5

- NEI suggestion on Inspection Manual Chapter 0616 App B: risk-informed guidance for minor/more-than-minor significance is new position 20 20 Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

• NRC Staff Resolution of Item 5 The staff will further discuss the issue and the actions taken to address it during discussion on Fuel Facility Oversight Presented by Ms. Leira Cuadrado, Chief, Inspection and Oversight Branch, DFM 21 21

• Action Item 6

- Status of non-fee billable work If possible, NRC staff to provide information on:

Breakdown of enforcement activities that are fee-billable Budgeted vs. expended resources 22 22 Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

• NRC Staff Resolution of Item 6a Provide information on breakdown of enforcement activities that are fee-billable 10 CFR 170.21, Footnote 1 Used to state that fees would not be charged for orders related to civil penalties, or other civil sanctions, or for amendments resulting specifically from the requirements of these orders 10 CFR 170.31, Footnote 2 Used to contain similar language Fiscal Year 2020 Final Fee Rule (August 18, 2020)

Deleted fee exceptions set forth in footnote 1 to 10 CFR170.21, and footnote 2 to 10 CFR170.31 23 23

Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

• NRC Staff Resolution of Item 6a (cont.)

Breakdown of enforcement activities that are fee-billable Follow-up services provided by NRC in connection with the order (such as inspections and document-review activities) are billed Activities primarily benefit a specific licensee (maintain license in good standing and contribute to public confidence)

NRC retains ability under 10 CFR170.11 to grant a fee exemption when circumstances exist in which charging fees for follow-up activities related to an order would be unfair Removing fee exceptions will not change policy regarding recovery of costs associated with preparing an order Costs will continue to be recovered through annual fees 24 24

Fuel Cycle Stakeholders Meeting Action Items from October 2020 Meeting

• NRC Staff Resolution of Item 6b Provide information on budgeted vs. expended resources Burn data will be provided during presentation on non-fee billable activities Presented by Mr. Kevin Ramsey, Project Manager, Fuel Facility Licensing Branch Budget formulation addressed in Fiscal Year 2020 final Fee Rule Commenters expressed desire for industry to be involved with NRC directly during development of its budget NRC responded that it is not appropriate for regulated entities, non-government organizations, and members of the public to be involved in NRCs budget formulation 25 25

Integrated Schedule Chart and Supplement Updates Osiris Siurano-Perez Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards 26

Integrated Schedule Chart and Supplement Updates

• Updated March 15, 2020

- Additional information on regulatory activities and other activities incorporated

Action item from October 2020 meeting

- Information for all previously listed activities updated 27

Integrated Schedule Chart Updates

• Information on status of all listed activities

- Updated as of March 15, 2021

• Additional activities impacting fuel facilities listed

- Rulemaking Activities

• Decommissioning Financial Assurance for Sealed and Unsealed Radioactive Material (PRM-30-66; NRC-2017-0159) - (SECY-19-0125)

• Advance Notice of Proposed Rulemaking - Alternatives to the Use of Credit Ratings (RIN 3150-AJ92) (SECY 0009, SECY-20-0056)

• Categorical Exclusions from Environmental Review (SECY-20-0065) 28

Integrated Schedule Chart Updates

• Additional activities impacting fuel facilities listed

- Rulemaking Activities

• Rulemaking Plan - Transforming the NRC Environmental Review Process (SECY-21-0001)

• Path Forward and Recommendations for Certain Low-Level Radioactive Waste Disposal Rulemakings (SECY 0098)

• Harmonization of Transportation Safety Requirements with International Atomic Energy Agency Standards (RIN 3150-AJ85; NRC-2016-0179) - Part 71 (SECY-16-0093 and SECY-20-0102) 29

Integrated Schedule Chart Updates

• Additional activities impacting fuel facilities listed

- Other Activities

• NUREG-2159 - MC&A Guidance for SNM of Moderate Strategic Significance

• Low Safety Significance Issues (LSSI) 30

31 Integrated Schedule Chart Updates 31 See Portable Document Format (PDF) under ADAMS Accession Number ML21082A400.

See ADAMS Accession Number ML21082A424 for a detailed summary of the changes.

Regulatory Activity Revised Jan Febr Marc April May June July Aug Sept Oct Nov Dec Jan Febr Marc April May June July Aug Sept Oct Nov Dec Jan Febr Marc April May June July Aug Sept Oct Nov Dec Jan Febr Marc April May June July Aug Sept Oct Nov Dec Jan Febr Marc April May June July Aug Sept Oct Nov Dec I

l I

l I

I

I

I I

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RIC Session

= Reg. Basis/Draft Guidance

= Proposed Rule/DG Development

= Final Rule/Final Guidance

= Public Interaction ANPR Development Issue Draft Guidance

= Implementation

= Non-rulemaking/NRC Activities

= Final Report Issued

= Pending Commission Action Guidance Development

• = Scheduled meeting l = Marks issuance of SECY

= Marks issuance of SRM Pilot Program V = Site Visit A = ACRS Meeting Initiating table-top exercises.

Harmonization of Transportation Safety Requirements with International Atomic Energy Agency Standards (RIN 3150-AJ85; NRC-2016-0179) - Part 71 (SECY-16-0093 and SECY 0102)

James Firth 03/15/2021 03/15/2021 03/15/2021 Decommissioning Financial Assurance for Sealed and Unsealed Radioactive Material (PRM-30-66; NRC-2017-0159) -

(SECY-19-0125)

Torre Taylor/Cardelia Maupin Categorical Exclusions from Environmental Review (SECY 0065)

Greg Trussell/Nancy Martínez 03/15/2021 Rulemaking Plan - Transforming the NRC Environmental Review Process (SECY-21-0001)

Yanely Malavé 03/15/2021 Path Forward and Recommendations for Certain Low-Level Radioactive Waste Disposal Rulemakings (SECY-20-0098)

Irene Wu/George Tartal 03/15/2021 03/15/2021 Advance Notice of Proposed Rulemaking - Alternatives to the Use of Credit Ratings (RIN 3150-AJ92) (SECY-16-0009, SECY 0056)

Greg Trussell 03/15/2021 The staff is implementing recommendations.

NUREG-2159 - MC&A Guidance for SNM of Moderate Strategic Significance James Rubenstone 03/15/2021 Issue for 60-day comment period (April-May 2021). Final Issuance: June 2021 The Nonreactor Nuclear Facilities Consensus Committee selected a new Working Group Chair.

Regulatory Information Conference Haile Lindsay 03/15/2021 Presentations prepared for sessions of fuel cycle interest are available online.

Smarter Licensing Charter Donnie Harrison/Matt Bartlett 03/15/2021 Working Group Recommendations Final Report -

April 30, 2020; Public Version of Smarter Licensing Action Plan and Project Status - July 10, 2020 - See supplement.

Smarter Inspection Charter Alayna Pearson 03/15/2021 ANS 57.11 (ISA)

April Smith 03/15/2021 Low Safety Significance Issues Donnie Harrison 03/15/2021 Part 73 - Enhanced Weapons Rulemaking (SECY-18-0058)

Martha Barillas/Phil Brochman/Kevin Ramsey Part 73-Cyber Security Rulemaking (SECY-17-0099)

Irene Wu/James Downs 03/15/2021 Comments The staff provided the Commission with options and a recommendation for moving forward with this and the GTCC rulemaking in SECY-20-0098, dated October 21, 2020. Awaiting Commission direction.

Awaiting Commission direction.

Awaiting Commission direction.

Awaiting Commission direction.

Part 61 - LLW Disposal (SECY-2013-0075)

George Tartal 2023 2022 03/15/2021 2021 2020 2019 Part 73-Discontinuaton - Enhanced Security of SNM (SECY 0095)

Irene Wu/Tim Harris Awaiting Commission direction.

The Commission approved initiation of rulemaking. WG for development of regulatory basis has been formed (regulatory basis to be published for a 60-day public comment period in December 2021).

ANPR published December 21, 2020.

Comment period ended March 8, 2021. Staff is reviewing comments for consideration in developing proposed rule.

The staff is preparing an ANPR package.

Awaiting Commission direction.

Awaiting Commission direction.

Integrated Schedule Supplement Updates

• All sections revised

• Included information on new listed activities 32

Updates to Integrated Schedule Chart and Supplement

• Updated information

- Fuel Facility Stakeholders Meeting https://www.nrc.gov/materials/fuel-cycle-fac/regs-guides-comm.html#cumeffects

- Integrated Schedule (Chart) https://www.nrc.gov/docs/ML2108/ML21082A400.pdf Summary of changes to previously listed activities (October 2020-March 2021)

ADAMS Accession Number ML21082A424

- Integrated Schedule Supplement https://www.nrc.gov/docs/ML2108/ML21082A417.pdf 33

Updates to Integrated Schedule Chart and Supplement 34 QUESTIONS/COMMENTS

Status of Accident Tolerant Fuel and Advanced Reactor Activities Marilyn Diaz-Maldonado, Project Manager Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards 35

Status of Accident Tolerant Fuel 36

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• Actions and Activities Completed

- July 23, 2020: ATF Public Website created

- Literature Reviews Completed FeCrAl cladding transportation Chromium-coated cladding transportation Spent fuel for cladding technologies Assessment of existing transportation packages for use with High Assay Low Enriched Uranium (HALEU)

- March 9, 2011: Regulatory Information Conference Session

Contact:

Marilyn Diaz-Maldonado marilyn.diazmaldonado@nrc.gov NMSS/DFM/FFLB 301-415-7110 Status of Accident Tolerant Fuel

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• Licensing Actions Completed

- Fuel Facility Louisiana Energy Services - Enrichment to 5.5%

Global Nuclear Fuels (GNF) - Minimum margin of subcriticality for enrichments up to 8%

- Transportation GNF - FeCrAl assemblies GE-H - Irradiated ATF to Oak Ridge National Laboratory Framatome - Atrium 10 eATF to Monticello Nuclear Generating Plant Westinghouse - ATF and 7% enriched fuel Status of Accident Tolerant Fuel

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• August 26, 2019 NRC Letter to Nuclear Energy Institute (ML19235A261): timeline for NRC reviews to support industrys 2023 ATF goal

- NRC must receive a fuel facility application up to 2 years prior to deployment (amendment to existing license)

- NRC must receive a certificate of compliance(CoC) application for UF6 transportation container up to 2 years for a new certificate prior deployment

- NRC must receive a CoC application for fresh fuel transportation container up to 1.5 years prior deployment

• The NRC is conducting research on criticality benchmarking data for higher enrichments and ATF cladding material properties Status of Accident Tolerant Fuel

40 Status of Advanced Reactor Fuels

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• Continuing to assess our regulatory framework to identify data needs and/or challenges

• Developing strategy for research needed to obtain information to support NRC reviews

• Assessing existing guidance to identify potential gaps that must be addressed to support advanced reactor fuel designs

- Updating NRC guidance for material control and accounting for Category II fuel cycle facilities Status of Advanced Reactor Fuels

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• Monitoring U.S. Department of Energy (DOE) activities and industrys plans

• Engaged advanced reactor developers via letter to communicate timelines

- NRC must receive a fuel facility application up to 3 years prior to deployment (1.5-3 years of review)

- NRC must receive a CoC for a transportation container up to 6 months for an existing certificate (amend CoC), or up to 2 years for a new certificate before deployment.

Status of Advanced Reactor Fuels

43 Advanced Reactor Fuels Activities Completed 43

44 This Photo by Unknown Author is licensed under CC BY-NC EARLY ENAGAGEMENT IS KEY!

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Accident Tolerant Fuel Nima Ashkeboussi, Sr. Director Fuel and Radiation Safety Programs Nuclear Energy Institute Ben Holtzman, Senior Project Manager Fuel and Radiation Safety Nuclear Energy Institute 45

©2021 Nuclear Energy Institute Accident Tolerant Fuel Fuel Cycle Facilities Stakeholder Public Meeting March 24th, 2021 46

©2021 Nuclear Energy Institute 47

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2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 SNC Hatch:

(GE/GNF)

SNC Vogtle:

(Framatome)

Exelon Byron:

(Westinghouse)

Exelon Clinton:

(GE/GNF)

Entergy ANO-1:

(Framatome)

Exelon Calvert Cliffs:

(Framatome)

Xcel Monticello:

(Framatome)

Key U.S. ATF Fuel Milestones Coated Cladding IronClad Enhanced UO2 Fuel High Density Fuel High Burnup LUA

+ Loadings

+/-

Loadings & Removal

+

Exelon Limerick:

(GE/GNF) 47

©2021 Nuclear Energy Institute 48 Industry ATF Test Sample Shipment Plans 48

©2021 Nuclear Energy Institute 49 Questions?

© 2018 NEI. All rights reserved.

Questions 49

Public Participation At this time, the public is afforded an opportunity to ask questions and/or provide comments on the following topics:

- Status of Action Items from October 2020 Meeting

- Integrated Schedule and Supplement Updates

- Status of Accident Tolerant Fuel and Advanced Reactor Activities 50

Smarter Licensing Program Matthew Bartlett, Project Manager Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Donnie Harrison, Senior Level Advisor Division of Fuel Management Office of Nuclear Material Safety and Safeguards 51

Contact:

Matt Bartlett Matthew.Bartlett@nrc.gov NMSS/DFM/FFLB 301-415-7154

• Status Update Near Term recommendations incorporated into Division Instructions (DI):

Updated DIs for Licensing Overview, Acceptance Review Process, Requests for Additional Information (RAIs), and Safety Evaluation Reports (SERs)

Make smarter licensing DIs publicly available by mid-2021 Schedule update

Near-Term by mid-2021

Mid-Term late-2021

Long-Term 2022 and beyond as resources are available 52 Smarter Licensing Program

Contact:

Donnie Harrison Donnie.Harrison@nrc.gov NMSS/DFM 301-415-2470

• Near-Term Activities Encourage early and routine interactions between the project manager and applicants/licensees during a review Provide opportunities for early understanding of application by reviewers (e.g., pre-application - early review site visits)

Provide an overall schedule and resource estimate in the acceptance letter Develop high-quality RAIs to seek the information needed to reach a regulatory determination Enable staff to expedite or extend portions of the review when appropriate.

53 Smarter Licensing Program

• Mid-Term Activities Develop internal job aids to improve review efficiency Ensure appropriate scoping of each review, document the basis in the SER, and scale the effort accordingly Facilitate inspector involvement in the licensing process 54 Smarter Licensing Program

• Long-Term Activities Update guidance for license renewals Create a repository of guidance applicable to each facility type Develop a standard review plan for greater than critical mass licensees/applicants Identify and apply lessons learned from reviews of large-scope applications for use on future new technologies/applications 55 Smarter Licensing Program

56 QUESTIONS/COMMENTS Smarter Licensing Program

Public Participation At this time, the public is afforded an opportunity to ask questions and/or provide comments on the following topics:

• Fuel Facility Licensing

- Status of Smarter Licensing Program

- COVID Lessons Learned and Beyond 57

Fuel Facility Oversight Leira Cuadrado-Caraballo, Branch Chief Inspection and Oversight Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards 58

59

• 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

• Division of Fuel Management Director approved (ML20079E064) the WGs recommendations (ML20078P093) on March 19, 2020 Smarter Inspection Program Status of Inspection Modifications 59

Contact:

Leira Cuadrado-Caraballo Leira.Cuadrado-Caraballo@nrc.gov NMSS/DFM/IOB 301-415-0324

60 Smarter Inspection Program Status of Inspection Modifications

• 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

• To date, 38 inspection guidance documents have been revised and issued, and training sessions have been conducted to familiarize staff with the revisions and ensure common understanding of any new and revised guidance 60

61 Smarter Inspection Program Status of Revisions 61

62 Smarter Inspection Program Proposed Changes

• Retirement of Guidance Documents Retiring Guidance Documents Information 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 IP 88054, Fire Protection Triennial IP 88055, Fire Protection 62

63 Smarter Inspection Program Planned Actions for 2021

• Issuance of publicly available closure memorandum

• The following actions will be tracked internally:

• Complete assessment of the scope of the resident inspector program (FY21 Q3)

• Formalize process to incorporate operating experience into inspection program after revision of inspection guidance documents (FY21 Q3 - FY22 Q1)

• Spinoff effort: conduct an assessment of the operating experience program (FY21 Q3 - FY22 Q1) 63

64 COVID-19 Public Health Emergency Oversight Activities Assessment 64

65 Approach

• Phase A Assess inspection-related activities during the public health emergency (PHE) and make recommendations to enhance guidance and practices currently in place to facilitate inspection activities

• Phase B Assess inspection-related activities during the PHE and make recommendations to enhance guidance and practices during normal implementation of the inspection programs

• Phase C Implement any recommendations approved by management 65

66 Phase A

• Consisted of survey to all inspectors in the Nuclear Material and Waste Safety Programs and feedback from townhall meetings

• During Phase A:

Shared results from survey at inspector townhall meetings Summarized feedback in Phase A report 66

67 Highlights from Phase A Inspection Best Practices during the PHE

• Plan and communicate often and early for inspections

• Be flexible on inspection duration

• During/Immediately after the remote inspection portion write up detailed notes on exactly what needs to be inspected during the on-site portion

• Conduct as much document review remotely 67

68 Highlights from Phase A Inspection Challenges during the PHE

• Document sharing

• Guidance for remote inspections

• Getting COVID-tested

• Social distance and facial coverings

• Travel-related limitations and challenges

• Conducting remote inspections 68

69

• Evaluate the various practices, adjustments, processes, and inspection techniques utilized to implement the nuclear materials and waste oversight programs during the COVID-19 PHE and develop recommendations to:

enhance the implementation of these programs during the current, ongoing COVID-19 PHE; ensure inspection programs are adequately prepared for future PHEs; and utilize experiences during COVID-19 to enhance any aspects of the current framework for the oversight programs (e.g.,

inspection planning practices, guidance, communications) to ensure we continue to implement comprehensive, consistent, resilient, and modern oversight programs into the future.

Phase B 69

70 Roundtable Discussion Dispositioning Degraded or Failed Management Measures and Meeting Performance Criteria U.S. Nuclear Regulatory Commission Staff Andrea Kock, Director, Division of Fuel Management LaDonna Suggs, Director, Division of Fuel Facility Inspection Leira Cuadrado, Chief, Inspection and Oversight Branch Eric Michel, Chief, Projects Branch 2, Region II Robert Williams, Projects Branch 1, Region II 70

71 Staffs Position

• In licensing and inspection space, the staff evaluates the licensee or applicants Integrated Safety Analysis (ISA) Summary and associated safety programs, including management measures, to determine whether reasonable assurance exists that the applicant has established an ISA program and safety programs that are, and will continue to be, in compliance with 10 CFR Part 70, Subpart H.

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72 Staffs Position

• Licensees determine what controls or control systems are necessary to meet the performance requirements of 10 CFR Part 70.61.

• Once the licensee designates a control or control system as an item relied on for safety (IROFS), it falls within the envelope of the safety program required by 10 CFR 70.62.

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73 Management Measures Compliance

• A licensee fails to meet 70.62(d) when management measures are inadequately designed, implemented, or maintained, such that they will not ensure that IROFS are available and reliable to perform their function when needed, even when the performance requirements of 70.61(b), (c), and (d) are satisfied.

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74 Why is it important to comply with management measures even when performance requirements of 70.61 are met?

• One of the results of an ISA is the identification of controls, both engineered and administrative, that are needed to limit or prevent accidents or mitigate their effects. The identification of controls, however, is not sufficient to guarantee an adequate level of safety. In addition, an effective management system is needed to ensure that, when called on, these controls are in place and are operating properly.

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• An ISA may be capable of identifying potential accidents and the controls needed to prevent them, but it cannot ensure effective implementation of the controls and their proper operation.

Without a strong management control system in place, the safety of a facility cannot be ensured.

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76 Assessing Significance

• Per the Enforcement Policy, SL IV violations include a failure to meet the requirements of Part 70.61, Performance Requirements, (including Part 70.61(e)) that does not result in SL I, II, or III.

• IMC 0616 Appendix B complements the enforcement policy by providing a framework for assessing the impacts to safety when determining the significance of certain violations.

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• A failure of a management measure that does not result in the failure of an IROFS in many cases is a low safety significance violation and is often dispositioned as having minor significance.

• There may be instances in which a failed management measure that does not result in the failure of an IROFS could result in a more than minor violation, for example if deemed to be a programmatic deficiency.

Assessing Significance 77

78 Assessing Significance

• A failure to meet the requirements of 10 CFR 70.61(e) (failure of an IROFS) as a result of the failure to meet 70.62(d) (management measures) will likely result in a SL IV or minor violation even if the performance requirements of 70.61 (b), (c), and (d) are met.

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79 Inspection Manual Chapter 0616 Appendix B Examples

• Staff applies risk-informed decision-making in the assessment of the significance of non-compliances. In assessing whether there is a negligible or substantial change in risk, the staff takes a comprehensive approach and evaluates the significance of a non-compliance on a case-by-case basis and with involvement of experts in the technical area being evaluated, in inspection practices, and in enforcement.

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• This comprehensive approach is reflected in the examples of Appendix B of IMC 0616, including example 1j.

• Staff removing not a violation if statements.

Inspection Manual Chapter 0616 Appendix B Examples 80

81 QUESTIONS/COMMENTS Fuel Facility Oversight

Issues of Low Safety Significance Donnie Harrison, Senior Level Advisor Division of Fuel Management Office of Nuclear Material Safety and Safeguards 82

Low Safety Significant Issue Resolution (LSSIR)

Licensing basis questions of very low safety significance that, in some cases, result in an excessive effort (resources and time) to resolve Put in place process enhancements to mitigate (risk-inform) these situations What is being addressed?

What is the objective?

Low Safety Significance Issue Resolution 83

Contact:

Donnie Harrison Donnie.Harrison@nrc.gov NMSS/DFM 301-415-2470

Existing Processes Continual Improvement Concept of the Universe of Issues 84 Clearly NOT in Licensing Basis Clearly in Licensing Basis Safety Significant 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 Address issue with appropriate tools (achieve compliance or change licensing basis) such as:

• Corrective Action

• Enforcement Discretion

• Change Licensing Basis (72.7 Exemption, 72.56 Amendment, etc.)

• Change Requirement (Rulemaking)

Limited effort to determine issue is likely outside licensing basis & is of (very) low safety significance:

• Stop Pursuing to Full Resolution

• Document Decision with Bases

• Re-focus Resources Low Safety Significant Potential Near-Term Improvements Longer-Term Solutions 84

=

Background===

• Working team formed across NMSS business lines and including representatives from each of the Regions to share insights on implementing a consistent approach while recognizing differences in business lines and recently added regional representatives

• Andrea Kock (NMSS Leadership Champion)

• Mirabelle Shoemaker (Project Coordination)

• Donnie Harrison (Technical Coordination) 85

Very Low Inspector Identifies Issue Not clear if its required per licensing bases Inspector evaluates licensee argument (nominal effort)

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 Rationale for NOT Pursuing to Full Resolution Inspector can invalidate licensees position The licensee argues it is not required per licensing bases and provides justification 86

LSSIR -

Inspection Documentation is different than findings like determining more/less than minor Document Rationale for NOT Pursuing Full Resolution If new information arises that indicates issue is within licensing basis or is not of very LSS then it can be revisited Issue is not formally resolved, but provides the information/rationale for not pursuing it further and no direct effort is spent trying to close issue 87

LSSIR -

Inspection High-level Enabling Guidance proposed for a number of Inspection Manual Chapters Aspects of inspection scoping and issue screening could also address LSSIR Draft progressive screening questions with supporting frequency-consequence matrices developed to help screening process 88

LSSIR -

Inspection Preparing for tabletop exercises Very few issues identified - mining TAR and URI logs Tabletop Exercises to Test and Refine Process Welcome Industry examples -

Send to Mirabelle.Shoemaker@nrc.gov Tabletop exercises being implemented in a phased approach: Fuel Cycle imminent, followed by Spent Fuel 89

90 Similar concepts being implemented in TAR Process Similar concepts could be implemented for Licensing Review Focus, Scope, and Level of Detail Concept fits with holding early internal Assignment &

Alignment meetings 90

Existing Processes Continual Improvement Concept of the Universe of Issues Clearly NOT in Licensing Basis Clearly in Licensing Basis Safety Significant 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 Address issue with appropriate tools (achieve compliance or change licensing basis) such as:

• Corrective Action

• Enforcement Discretion

• Change Licensing Basis (72.7 Exemption, 72.56 Amendment, etc.)

• Change Requirement (Rulemaking)

Limited effort to determine issue is likely outside licensing basis & is of (very) low safety significance:

• Stop Pursuing to Full Resolution

• Document Decision with Bases

• Re-focus Resources Low Safety Significant Potential Near-Term Improvements Longer-Term Solutions 91

Risk Informed Process for Evaluation (RIPE) -

Licensing 92 NRR has been developing streamlined process to address VLSSIR within licensing basis arena (lower right quadrant)

NRR currently needing PRA capability/adequacy beyond standard risk-informed applications - must have experience in 10 CFR 50.69/TS Initiative 4B NMSS experience in LSSIR may inform efforts in RIPE.

What analysis is needed to show insignificance?

Is it only safety or includes regulatory significance (e.g.,

reporting, tracking, etc.)?

The Next Phase Time to Start Thinking 92

Discussion &

Questions 93 93

Current and Future Non-fee Billable Activities Kevin Ramsey, Senior Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards 94

Budget vs. Utilization (Oct - Feb)

Contact:

Kevin Ramsey Kevin.Ramsey@nrc.gov NMSS/DFM/FFLB 301-415-7506 95 Product Line Budget FTE Utilization FTE End of Year Proj FTE Event Response 2.0 0.5 1.2 Generic Homeland Security 3.0 1.2 2.8 International Activities 7.0 3.0 7.1 Licensing 19.0 8.7 20.3 Oversight 26.0 11.4 26.6 Rulemaking 1.0 0.4 0.9 Mission Support 14.0 6.2 14.5 Training 1.0 0.2 0.6 TOTAL 73.0 31.7 74.0

Status of Non-Billable Work in the Fuel Facilities Business Line (Oct - Jan) 96

• Product Line 1 - Event Response Event Response Operations Incident Response Exercises Product Line 2 - Generic Homeland Security (Off Fee Base)

• Product Line 3 - International Activities (Off Fee Base)

Conventions & Treaties Import/Export Licensing International Cooperation International Liaison

Status of Non-Billable Work in the Fuel Facilities Business Line (Oct - Jan) 97

• Product Line 4 - Licensing

- Smarter Licensing Program (607 hours0.00703 days <br />0.169 hours <br />0.001 weeks <br />2.309635e-4 months <br />)

- Guidance for MC&A at Cat II (504 hours0.00583 days <br />0.14 hours <br />8.333333e-4 weeks <br />1.91772e-4 months <br />)

- Licensing Assistant Support for Safety/Security (443 hours0.00513 days <br />0.123 hours <br />7.324735e-4 weeks <br />1.685615e-4 months <br />)

- NMSS/REFS Technical Assistant (328 hours0.0038 days <br />0.0911 hours <br />5.42328e-4 weeks <br />1.24804e-4 months <br />)

- Stakeholder Meeting (257 hours0.00297 days <br />0.0714 hours <br />4.249339e-4 weeks <br />9.77885e-5 months <br />)

- Licensing Assistant Support for Environmental (219 hours0.00253 days <br />0.0608 hours <br />3.621032e-4 weeks <br />8.33295e-5 months <br />)

Status of Non-Billable Work in the Fuel Facilities Business Line (Oct - Jan) 98

• Product Line 5 - Oversight

- DFFI Office Tasks (1,819 hours0.00948 days <br />0.228 hours <br />0.00135 weeks <br />3.116295e-4 months <br />)

- DFFI Meetings (890 hours0.0103 days <br />0.247 hours <br />0.00147 weeks <br />3.38645e-4 months <br />)

- Smarter Inspection Program (813 hours0.00941 days <br />0.226 hours <br />0.00134 weeks <br />3.093465e-4 months <br />)

- Risk Informed Inspection Program (772 hours0.00894 days <br />0.214 hours <br />0.00128 weeks <br />2.93746e-4 months <br />)

- Enforcement (747 hours0.00865 days <br />0.208 hours <br />0.00124 weeks <br />2.842335e-4 months <br />)

- Allegations and Investigations (279 hours0.00323 days <br />0.0775 hours <br />4.613095e-4 weeks <br />1.061595e-4 months <br />)

- DFFI Technical Assistant (222 hours0.00257 days <br />0.0617 hours <br />3.670635e-4 weeks <br />8.4471e-5 months <br />)

- Develop/Test Report Generation in RPS (175 hours0.00203 days <br />0.0486 hours <br />2.893519e-4 weeks <br />6.65875e-5 months <br />)

Status of Non-Billable Work in the Fuel Facilities Business Line (Oct - Jan) 99

• Product Line 7 - Rulemaking

- Pre-Rulemaking (27 hours3.125e-4 days <br />0.0075 hours <br />4.464286e-5 weeks <br />1.02735e-5 months <br />)

- Proposed Rules (37 hours4.282407e-4 days <br />0.0103 hours <br />6.117725e-5 weeks <br />1.40785e-5 months <br />)

- Final Rules (12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br />)

- Rulemaking Support (175 hours0.00203 days <br />0.0486 hours <br />2.893519e-4 weeks <br />6.65875e-5 months <br />)

• Product Line M - Support Staff Non-Supervisory Staff (685 hours0.00793 days <br />0.19 hours <br />0.00113 weeks <br />2.606425e-4 months <br />)

Supervisory Staff (5,573 hours0.00663 days <br />0.159 hours <br />9.474206e-4 weeks <br />2.180265e-4 months <br />)

Administrative Assistants (1,048 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br />)

Future Non-Billable Work in the Fuel Facilities Business Line 100

• FY 2022

- Commission meetings and drop-in meetings

- New NUREG-2212, Guidance For New Applications For Materials Licenses of Greater Than Critical Mass

- Renew existing license for 2 fee-exempt universities

- Smarter Licensing Long-term actions and periodic review of guidance

- Smarter Inspection Long-term actions and periodic review of guidance

- Annual Fee Rule

- RROAR Rulemaking

- Aligning on Authorizing Official responsibilities

- Operating Experience Review

- COVID Lessons Learned

Future Non-Billable Work in the Fuel Facilities Business Line

• FY 2023

- Commission meetings and drop-in meetings

- Update NUREG-1520, Standard Review Plan for Fuel Cycle Facilities License Applications

- Updating NUREG-1748, Environmental Review Guidance

- Issue new license for 1 fee-exempt university

- Renew existing license for 1 fee-exempt university

- Potential hearing for new license

- Operating Experience Review

- Annual Fee Rule 101

QUESTIONS/COMMENTS Current and Future Non-fee Billable Activities 102

Public Participation At this time, the public is afforded an opportunity to ask questions and/or provide comments on the following topics:

• Issues of Low Safety Significance

• Current and Future Non-fee Billable Activities 103

Closing Remarks March 24, 2021 Andrea Kock, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards Janet Schlueter, Senior Director Fuel and Radiation Safety Nuclear Energy Institute 104

Osiris Siurano-Perez, Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards Email: Osiris.Siurano-Perez@nrc.gov Phone: 301-415-7827 Fuel Cycle Stakeholders Meeting March 25, 2021 Public Meeting With Nuclear Energy Institute and Members from the Nuclear Fuel Cycle Industry 105

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.

106

Agenda - March 25, 2021 Topic Time Presenter Introduction (Purpose/Rules) 10:00 AM Osiris Siurano-Pérez, Project Manager, DFM Opening Remarks 10:10 AM Andrea Kock, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Janet Schlueter Nuclear Energy Institute (NEI)

Retrospective Review of Administrative Requirements (RROAR) 10:15 AM Andrew Carrera, Health Physicist, REFS Termination of Interagency Agreement with U.S.

Department of Energy 10:30 AM James Downs, Project Manager, DFM Keith Everly, Senior Program Manager, NSIR Security for Facilities Possessing Category II Special Nuclear Material 10:45 AM Tim Harris, Senior Program Manager, NSIR Public Q & A 11:05 AM Break 11:15 AM Division of Fuel Management Strategic Priorities 11:30 AM NRC staff/NEI Public Q & A 12:00 PM Summary of Discussions and Action Items 12:10 PM Osiris Siurano-Pérez, Project Manager, DFM Closing Remarks and Adjourn 12:25 PM Andrea Kock, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Janet Schlueter Nuclear Energy Institute (NEI) 107

Opening Remarks Andrea Kock, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards Janet Schlueter, Senior Director Fuel and Radiation Safety Nuclear Energy Institute 108

Andrew Carrera, Health Physicist Materials, Rulemaking, and Project Management Branch Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards 109

RETROSPECTIVE REVIEW OF ADMINISTRATIVE REQUIREMENTS (RROAR)

BY THE NUMBERS 5

Commission-approved evaluation criteria 4

Public meetings to discuss RROAR 99 Comments received from the public and NRC staff 5

NRC Offices Impacted 17 NRC Divisions Involved

~40 Agency staff participated in the review working from standardized template 4

Outcomes for comments - new rulemaking effort, existing rulemaking effort, administrative correction rule, and non-rulemaking 14 Affected 10 CFR Parts - 2, 20, 21, 26, 37, 50, 52, 55, 70, 71, 72, 74, 100, and 160 110

Information SECY paper, with the RROAR Comment Evaluation Summary enclosure (April, 2021)

Further stakeholder engagements during the rulemaking process Rulemaking plan(s)

(Late 2021)

Next Steps RETROSPECTIVE REVIEW OF ADMINISTRATIVE REQUIREMENTS (RROAR) 111

Termination of Interagency Agreement with U.S. Department of Energy for Authorizing Official and Technical Support Functions for Classified Networks at U.S. Nuclear Regulatory Commission Licensed Enrichment Facilities James Downs, Senior Project Manager Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards J. Keith Everly, Senior Program Manager Information Security Branch Division of Security Operations Office of Nuclear Security and Incident Response 112

Authorizing Official and Technical Support Functions for Classified Networks at NRC-Licensed Enrichment Facilities RECENT EVENTS U.S. Department of Energy (DOE)s actions:

- September 23, 2020, the Office of Nuclear Energy, DOE (DOE/NE) unexpectedly sent the U.S. Nuclear Regulatory Commission (NRC) a notice to terminate the Memorandum of Understanding (MOU) as of March 22, 2021.

- December 1, 4, & 23 2020, DOE/NE abruptly sent NRC notice to terminate the Interagency Agreements (IAAs) 30 days from the date(s) of the letters. Termination of the IAAs resulted in two primary risks:

1) Validity of existing authority to operate (i.e., facilities may not be able to operate their classified networks until a new Authorizing Official (AO) was established and an interim authority to operate was issued).

2) Unavailability of technical assistance related to NRC licensing activities associated with classified networks.

First risk was mitigated by appointing Dave Nelson, the NRCs Office of the Chief Information Officer (OCIO), being appointed as interim AO by the NRC Executive Director of Operations (OEDO).

- Prior arrangement with DOE occurred, in part, to avoid the potential appearance of a conflict of interest.

The NRC OGC has not identified any legal prohibition for the NRC to serve as the AO for licensee classified networks.

- The NRC Office of Nuclear Security and Incident Response (NSIR) and OCIO staff reviewed materials associated with DOEs authorization of these networks, performed a risk analysis, and provided recommendation to authorize the networks to operate to Dave Nelson - who issued an interim authority to operate for the classified networks at each of three enrichment licensees.

Second risk was mitigated through obtaining short term support (9 months) by modifying an existing IAA with DOEs Office of Science (DOE/SC).

- The DOE/SC will provide technical assistance to NRCs AO in conducting evaluations of the classified Information Technology (IT) systems at the enrichment licensees (e.g., major network rollout as part of the HALEU project at Centrus, amendment involving the installation of a security monitoring system on the classified network and a revision to the associated Information System Security Plans for Louisiana Energy Services (LES), and some routine activities such as medical device screening).

Contact:

James Downs James.Downs@nrc.gov NMSS/DFM/FFLB 301-415-7744

Contact:

J. Keith Everly Keith.Everly@nrc.gov NSIR/DSO/ISB 301-415-7048 113

Authorizing Official and Technical Support Functions for Classified Networks at NRC-Licensed Enrichment Facilities LONG-TERM SOLUTIONS - COMMITMENTS IDENTIFIED Upon DOE/NE termination of the IAAs, the NRC staff identified the need to secure long-term support for the following technical functions (previously performed under IAAs with DOE/NE):

• Authorizing Official;

• Telecommunications Electronics Materials Protected from Emanating Spurious Transmissions (TEMPEST) inspections;

• Technical subject matter expert (SME) support in the review of classified IT security plans;

• IT network inspections;

• Physical Inspections (includes armed response, Counter Intelligence (CI), Operations security (OPSEC), Foreign Visitor/Assignee Screening, physical inventory);

• Communication Security (COMSEC) account and equipment management; and

• Medical device authorization.

114

Authorizing Official and Technical Support Functions for Classified Networks at NRC-Licensed Enrichment Facilities LONG-TERM SOLUTION - AUTHORIZING OFFICIAL FUNCTION (Recommendations made to NRC EDO on 02/25/2021)

After considering the pros and cons of different solutions, the NRC staff recommended:

• Assignment of AO responsibility

- AO function be transitioned to NSIR; and

- Senior agency official associated having this function will be the NSIR Office Director.

• Long-term path forward

- Transition of AO from OCIO to NSIR expected late summer 2021; and

- Training will provided by OCIO to NSIR.

• Collaboration will continue between OCIO and NSIR, as needed.

115

Authorizing Official and Technical Support Functions for Classified Networks at NRC-Licensed Enrichment Facilities LONG-TERM SOLUTION - TECHNICAL SUPPORT FUNCTIONS (Recommendations made to NRC EDO on 02/25/2021)

After considering the pros and cons of different solutions, the NRC staff recommended:

• Functions to be performed by NRC staff

- TEMPEST;

- Physical Inspection; and

- Medical Device Approvals.

• Functions to be performed through NRC contract or IAA

- Technical SME Support (commercial contract);

- IT Network Inspection (commercial contract); and

- COMSEC (IAAs with DOE/SC).

116

Security for Facilities Possessing Category II Special Nuclear Material Tim Harris, Senior Program Manager Materials Security Branch Division of Physical and Cyber Security Policy Office of Nuclear Security and Incident Response 117

Security for Facilities Possessing Category II Special Nuclear Material

Contact:

Tim Harris Tim.Harris@nrc.gov NSIR/DPCP/MSB 301-287-3594

• Current Approach Use a risk-informed analysis on a case-by-case basis 2015 Final Regulatory Basis for the Enhance Security of SNM Rulemaking (ML14321A007)

Consistent with SECY-04-0222 Decision-making Framework for Materials and RTR Vulnerability Assessments (ML043080303)

Use site-specific license conditions Ensure that requirements are fairly and reasonably applied Planned Q&A Communication Document Continue to interface with the interagency community 118

Security for Facilities Possessing Category II Special Nuclear Material

• Pre-application Discussions Applicant describes Facility setting, facility processes, types of materials (physical/chemical forms, enrichment, quantity), facility layout, and material flow (transportation, storage, use)

Staff describes Applicable regulatory requirements, available guidance, available reference material, and information protection 119

Security for Facilities Possessing Category II Special Nuclear Material

• Supplemental Measures Discussions will be iterative and interactive Potential supplemental security measures will be site-specific Security could be zoned/partitioned Security can be achieved in multiple ways that balance the need to detect, assess, and delay potential adversaries and effectively respond to potential threats Applied fairly and reasonably 120

QUESTIONS/COMMENTS Security for Facilities Possessing Category II Special Nuclear Material 121

Public Participation At this time, the public is afforded an opportunity to ask questions and/or provide comments on the following topics:

- Retrospective Review of Administrative Requirements (RROAR)

- Termination of Interagency Agreement with DOE

- Security for Category II Facilities 122

Division of Fuel Management Strategic Priorities Roundtable Discussion 123

124 Continuing the Journey to Becoming a More Modern Risk Informed Regulator Using Tools to Assist Us in Our Decision Making Communicating the Work We Do Focus on Our People Preparing for the Future of Spent Fuel and Fuel Cycle Division of Fuel Management Strategic Priorities

125 Transforming through

• KM

• Cross training

• New Hires

• Telework

• Remote inspections

• Remote Public Meetings

• Data analytics

• IT Tools

• Be RiskSmart

• Smarter Licensing and Oversight

• Agile Teams

• Conduct of Inspections

• COVID Lessons Learned

• COVID Response to Relief Requests

• Assignment and Alignment Innovation Risk People Technology

Public Participation At this time, the public is afforded an opportunity to ask questions and/or provide comments on the following topics:

- Office of Nuclear Material Safety and Safeguards:

New Initiatives 126

Osiris Siurano-Perez, Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards Fuel Cycle Stakeholders Meeting Summary of Discussions and Action Items 127

Closing Remarks Andrea Kock, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards Janet Schlueter, Senior Director Fuel and Radiation Safety Nuclear Energy Institute 128