ML21271A230
| ML21271A230 | |
| Person / Time | |
|---|---|
| Issue date: | 09/28/2021 |
| From: | Daniel Merzke NRC/NRR/DRO/IRAB |
| To: | |
| Daniel Merzke NRR/DRO/IRAB, 4251457 | |
| Shared Package | |
| ML21271A201 | List: |
| References | |
| Download: ML21271A230 (11) | |
Text
Graded Approach in Rulemaking Dan Merzke U.S. Nuclear Regulatory Commission
Development of Regulations in U.S.
- Example - Fukushima accident 2011
- Japan Lessons Learned Report recommendations
- Requiring reliable hardened vent designs in BWR facilities with Mark I and Mark II containments.
- Enhancing spent fuel pool makeup capability and instrumentation for the spent fuel pool.
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Development of Regulations in U.S.
- Step 1 - Identify the decision associated with the development or revision of regulations and/or guidance required.
- Decision was whether to accept the recommendations in the Japan lessons learned report, and if accepting the recommendations, what were the appropriate regulatory tools to implement the recommendations.
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Development of Regulations in U.S.
- Step 2 - Determine which factors are applicable to the decision.
- type of facility - BWR Mk I and II containments
- industry experience based on significant events -
unprecedented
- urgency with respect to the issue being addressed - public health and safety
- regulatory tools available - generic communications, orders, new regulation 4
Development of Regulations in U.S.
- Step 3 - Integrate the applicable factors into the decision-making process. Commission decision to approve recommendations. What tools to use?
- Urgency - overriding factor. Quickest tool = bulletin
- Bulletins (1) request licensee actions and/or information to address significant issues regarding matters of safety, security, safeguards, or environmental significance that have great urgency, and (2) require a written response.
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Development of Regulations in U.S.
- Bulletin 11-01 (Mitigating Strategies) - issued prior to lessons learned report.
- require verification of compliance with the regulatory requirements of 10 CFR Section 50.54(hh)(2).
- need for information associated with licensee mitigating strategies under 10 CFR 50.54(hh)(2).
- require that addressees provide a written response to the NRC in accordance with10 CFR 50.54(f).
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Development of Regulations in U.S.
- Orders
- Orders were issued due to urgency; determined to be significant enhancement to the protection of public health and safety.
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Development of Regulations in U.S.
- Orders
- NRC Order on Mitigation Strategies (EA-12-049)
- required provisions for mitigation strategies for beyond-design-basis external events.
- NRC Order on Spent Fuel Pool Instrumentation (EA-12-051)
- requiring all licensees have a reliable means of remotely monitoring wide-range spent fuel pool levels.
- NRC Order for Containment Venting Systems (EA-13-109)
- Required licensees with BWR Mk I and II containments to implement requirements for reliable hardened containment vents capable of operation under severe accident conditions at their facilities.
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Development of Regulations in U.S.
- Rulemaking - codify requirements described in the orders.
- Rulemaking plan - Commission approval
- Regulatory basis
- Regulatory analysis
- Stakeholder interactions 9
Development of Regulations in U.S.
- In August 2019, the NRC issued a new rule, 10 CFR 50.155, "Mitigation of beyond design basis events," makes NRC Order EA-12-049, "Order Modifying Licenses With Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis Events" (Mitigation Strategies Order), and Order EA 051, "Order Modifying Licenses With Regard to Reliable Spent Fuel Pool Instrumentation" (Spent Fuel Pool Instrumentation Order), generically applicable
- The final rule was published in the Federal Register on August 9, 2019 (84 FR 39684) with an effective date of September 9, 2019.
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References
- Management Directive 6.3, Rulemaking Process https://www.nrc.gov/docs/ML0516/ML051680185.pdf
- Public web page - Fukushima enhancements:
https://www.nrc.gov/reactors/operating/ops-experience/post-fukushima-safety-enhancements.html 11