ML22020A006
| ML22020A006 | |
| Person / Time | |
|---|---|
| Issue date: | 10/26/2021 |
| From: | Robert Beall NRC/NMSS/DREFS/RRPB |
| To: | |
| Beall, Robert | |
| References | |
| 10 CFR Part 53, NRC-2019-0062, RIN 3150-AK31 | |
| Download: ML22020A006 (4) | |
Text
U.S. Nuclear Regulatory Commission Public Meeting Summary
October 26, 2021
Title:
Public Meeting to Discuss the Part 53 Risk-Informed, Technology -Inclusive Regulatory Framework for Advanced Reactors Rulemaking - Subpart F, Requir ements for Operations, Sections Related to Staffing, Training, Personnel Qualifications, and Human Factors
Meeting Identifier: 20211312
Date of Meeting: October 26, 2021
Location: Webinar
Type of Meeting: Comment-Gathering
Purpose of the Meeting(s):
The Nuclear Regulatory Commission (NRC) staff hosted a topical webinar to provide an opportunity for external stakeholders and the NRC staff to exch ange information on the NRCs development of specific sections of the Part 53 prelimina ry proposed rule language for advanced nuclear reactors.
General Details:
The NRC has been directed by Congress through the Nuclear Energ y Innovation and Modernization Act to conduct a rulemaking to establish a techno logy-inclusive, regulatory framework for optional use by commercial advanced nuclear react ors by 2027. To facilitate stakeholder engagement throughout the development of the propos ed rule, the NRC staff are hosting a series of public meetings to discuss and review f eedback on various regulatory topics and preliminary proposed rule language for Part 53.
Prior to the October 26, 2021, public meeting, the NRC released a Discussion Table with preliminary rule language for Subpart F - "Requirements for Ope rations, which contained sections related to staffing, training, personnel qualification s, and human factors. This document was made available to the public on October 18, 2021, in the Agencywide Documents Access and Management Sys tem (ADAMS) under accession number ML21267A006. This public meeting also included discussions of other recently released iterations of preliminary proposed rule language for other sect ions and subparts of Part 53.
Other released iterations of preliminary proposed rule language are identified on the NRC website, on regulations.gov website, and in an ADAMS package un der accession number ML20289A534.
The meeting proceeded in a workshop format, which gave stakeh olders an opportunity to provide input on the preliminary proposed rule language and ask direct questions of the NRC staff. The meeting was attended by approximately 106 peopl e participating through webinar and audio teleconferencing.
1 Summary of Presentations:
Robert Beall, Senior Project Manager in the NRCs Office of Nuc lear Material Safety and Safeguards, opened the meeting and introduced himself as the Pr oject Manager for the Part 53 rulemaking and the meeting facilitator. He noted that this meeting is a comment gathering public meeting and that no regulatory decisions would be made at the meeting.
Following Mr. Beall, Mr. Steve Lynch, Acting Chief of the Advan ced Reactor Policy Branch in the Office of Nuclear Reactor Regulation, made additional openi ng remarks. Mr. Beall then introduced Mr. Jesse Seymour, from the Office of Nuclear Reacto r Regulation, as well as an additional speaker from the U.S. Nuclear Industry Council (USNI C), and advised participants on the features of the teleconference platform and how to ask q uestions.
After Mr. Beall, Mr. Seymour presented the preliminary proposed rule language for Subpart F, sections related to staffing, training, personnel qualificat ions, and human factors.
Following Mr. Seymour, Mr. Cyril Draffin of USNIC presented USN IC feedback on Subpart F, sections related to staffing, training, personnel qualificat ions, and human factors.
Following Mr. Draffin, Mr. Beall introduced a discussion of oth er sections and subparts of Part 53. Following each segment of the NRC staff presentation, the floor was open to the public to provide feedback on the topics discussed in the prese ntation.
Mr. Beall then made brief closing remarks, including noting fut ure public meetings, providing contact information for participants to use to provide input on topics of discussion in future Part 53 public meetings, identifying the regulations.gov docket number for submitting public comments, and noting that participants in the public meeting ca n submit feedback to improve the structure of future public meetings.
Public Participation Themes:
Key stakeholders and members of the public raised questions and provided recommended changes related to the preliminary proposed rule language. Top ics of discussion are listed below and grouped by agenda item. This is a high-level summary and not an exhaustive list of topics discussed during the meeting.
Subpart F - Sections Related to Staffing, Training, Personnel Q ualifications, and Human Factors.
- A stakeholder asked NRC staff to provide details on guidance r elated to these topics.
- A stakeholder noted that identifying areas of needed distincti on between Part 55, Operators Licenses, and Part 53, and potential changes resul ting from them, would help NRC staff to clarify independence of this subpart from Par t 55.
- A stakeholder commented that Part 53 requirements are more com plex than Part 55 requirements.
- A stakeholder asked for clarification on the expansion of huma n factors to response facilities/offsite included in the rule.
- A stakeholder asked if the criteria for certified operators se t too high of a bar. The stakeholder added that if there is no option for a combination of licensed and certified operators, the value of certified operators seems limited.
- A stakeholder asked if NRC staff gained insights from the Cana dian Nuclear Safety Commissions simulator facility reviews.
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- A stakeholder asked if the staffing plan would address minimum staffing requirements or actual staffing requirements, and how higher levels of staffing, particularly at early stages of plant operation, could be planned for without being r equired for the entire duration of plant operation.
- A stakeholder urged NRC staff to consider autonomous operation s for Part 53 and clarify the role of operators.
- A stakeholder asked if any aspects of the staffing approach co uld be applied to Part 50 licensees.
- A stakeholder asked NRC staff to clarify criteria for only hav ing certified operators (e.g.,
clarifying human actions in this context). The stakeholder also noted that if the addition of optional safety measures involving human actions would make the licensee need licensed operators, licensees may not install such measures, re ducing the safety of the plant.
- A stakeholder asked NRC staff to clarify the extent of HFE req uirement in plant designs.
- A stakeholder asked NRC staff to clarify the partial scope sim ulator requirements.
- A stakeholder urged NRC staff to ensure that the staffing requ irements are consistent with the security requirements.
- A stakeholder said that incapacitation due to temporary disabi lity or illness should be addressed in the rule.
- A stakeholder noted that safety functions are not all equal in terms of risk (e.g., AOOs vs. DBAs), but NRC staff does not seem to be appropriately dist inguishing and providing flexibility as it creates requirements. The stakeholder also a sked on what basis NRC staff is imposing new safety function requirements beyond the e xisting CFR.
- A stakeholder raised a concern that licensed/certified operato r requirements seem to extend to general plant operations, not just areas connected to nuclear safety.
Other Sections and Subparts of Part 53
- Stakeholders and NRC staff discussed the definition of a react or under Part 53, including issues related to remaining consistent with the definition in N EIMA.
- A few stakeholders noted concern with the ability of any react or to be licensed under Part 53.
- A stakeholder noted there would be confusion if a design certi fication could be issued under Part 53, Parts 50 or 52, but then an operating or combine d license could be issued under a different Part.
Other
- A stakeholder asked about NRC staffs plans to release new ite rations of previously released subparts.
- Stakeholders requested that NRC staff extend the public commen t period on regulations.gov. NRC staff asked stakeholders to submit writte n requests and noted they will extend the public comment period.
- Stakeholders asked about guidance, specifically the timeline f or it, and whether the table provided several months ago would be updated.
- A stakeholder noted that NRC staff is in general adding new CF R requirements as opposed to referencing existing regulations and clarifying as n eeded.
- A stakeholder said that numerous comments/questions have been submitted to the NRC but responses are very rarely provided, which does not instill confidence in the rulemaking process.
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- A stakeholder asked about the composition of the group working on the Part 53 rulemaking.
- A stakeholder asked NRC staff to clarify if there would be a p rovision for exemptions in the rule. NRC staff confirmed so.
Action Items/Next Steps:
The NRC staff will continue to announce public meetings to disc uss and receive feedback on various regulatory topics and preliminary proposed rule text. In advance of a future public meeting, any preliminary proposed rule text will be post ed on www.regulations.gov under docket ID NRC-2019-0062. The NRC staff will also be meet ing with the Advisory Committee on Reactor Safeguards Future Plants subcommittee in N ovember 2021.
Public meeting participants were encouraged to email any commen ts from issues raised during the public meeting to either Robert Beall at Robert.Beall@nrc.gov or Bill Reckley at William.Reckley@nrc.gov.
Attachments:
- Meeting Agenda - ML21288A403
- Meeting Presentation Slides - ML21295A241
- Meeting Transcript - ML21320A045
- Discussion Table for Preliminary Rule Language for the Part 53 Rulemaking: Subpart F -
"Requirements for Operations " - Sections Related to Staffing, Training, Personnel Qualifications, and Human Factors - ML21267A006
- Preliminary Rule Language Documents for the Risk-Informed, Tec hnology-Inclusive Regulatory Framework For Advanced Reactors (Part 53) Rulemaking - ML20289A534
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