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Industry Concerns with IMC 0616 (V. April 2021) in April 20, 2021 NEI Letter
	ML21162A044
Person / Time
Site:	Nuclear Energy Institute
Issue date:	04/20/2021
From:	Link R; Nuclear Energy Institute
To:	; Office of Nuclear Material Safety and Safeguards
	JRowley NMSS/DFM/FFL 301.415.4053
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ML21162A043	List: ML21162A044; ML21162A045;
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	Download: ML21162A044 (8)
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Industry Concerns with IMC 0616 (v. April 2021) in April 20, 2021 NEI Letter Presenter: Robert Link, NEI Consultant June 15, 2021

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Background===

May 6 & July 24, 2020: NEI letters document industry concerns with Inspection Manual Chapter (IMC) 0616 Appendix (App) B Screening Process language

Based on IMC language, violations issued for events of failed or degraded Management Measures even when Performance Requirements were maintained May & Oct 2020, March 2021: 3 NRC public meetings where industry concerns and NRC position were discussed

Background (continued)

April 1, 2021: NRC issued another revision of IMC 0616 -- language of concern to industry retained April 20, 2021: NEI submitted specific edits to IMC as suggested by NRC staff during March 2021 public meeting Industry shares NRCs desire for clear guidance and risk-informed approach to Rules, the Enforcement Policy and IMC 0616

Primary Industry Concerns Need for Transparency of Regulatory Basis for Violations Based on Language of IMC 0616 App B in Those Cases Where Part 70 Performance Requirements are Maintained App B Screening Process states risk based non compliance with a loss of safety margin even when all regulatory Performance Requirements are met Regulatory basis for IMC language unclear, the screening process states assessing any remaining risk margin above and beyond the likelihood requirements of 70.61 (b) and (c) e.g., the Performance Requirements

Primary Industry Concerns (continued)

NRC staff position--as represented in public discussions is--a failed or degraded Management Measure constitutes a failure to meet 70.62(d)

Industry believes this position ignores critical qualifier in 70.62(d) which states when needed, to comply with the performance requirements of 70.61 Example 1j in Appendix B added in 2017 with major revision of screening process appears to be basis for change introducing the concept of a violation even though all Performance Requirements are met

Summary of Industrys Edits to App B Delete Screening Process paragraph which introduced concept of assessing risk margin above and beyond the likelihood requirements of 70.61(b) and (c)

Replace implement with establish or maintain in numerous examples for greater alignment with language of 70.61(d)

Delete wording which references paragraph of concern essentially requiring need for safety margin beyond that required by 70.61 Reword example 4c, 7c, and 7e to clarify that for a violation to occur beyond minor, Performance Requirements were not met Reword example 1j to remove language referring to safety margin above and beyond the likelihood requirements and replace with requirements of 70.61

Where Do We Go From Here?

Industry requests specific NRC feedback on industry suggested IMC edits and timely resolution of issue to provide clarity of regulatory basis and potential revisions of IMC Continued dialogue on risk informing IMC as well as Enforcement Policy to put Fuel Cycle Facilities on par with operating nuclear power reactors Appreciate willingness for strategic and timely dialogue as we all have limited resources THANK YOU!

Questions?

NRC Comments and Questions

ML21162A044

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