ML22038A001

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NRC Public Meeting Presentation 10 CFR Part 53 Licensing and Regulation of Commercial Nuclear Plants
ML22038A001
Person / Time
Issue date: 02/07/2022
From: Robert Beall
NRC/NMSS/DREFS/RRPB
To:
Beall, Robert
References
10 CFR Part 53, NRC-2019-0062, RIN 3150-AK31
Download: ML22038A001 (37)
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Text

10 CFR Part 53 Licensing and Regulation of Commercial Nuclear Plants February 8, 2022

Agenda 1:00pm - 1:15pm Welcome / Introductions / Logistics / Goals 1:15pm - 2:30 pm Overview and Discussion of Part 53 Rulemaking 2:30pm - 3:30pm Individual Organization Prepared Remarks 3:30pm - 4:00pm Additional Public Comments, Questions, and Closing Remarks / Adjourn 2

Welcome & Introductions Welcome:

  • Rob Taylor, Office of Nuclear Reactor Regulation (NRR)

NRC Speakers/Presenters:

  • Dan Mussatti, Office of Nuclear Material Safety and Safeguards (NMSS) -

Meeting Facilitator

  • Bob Beall, NMSS - Rulemaking Project Manager
  • Steve Vitto, Office of Nuclear Security and Incident Response Public Meeting Slides: ADAMS Accession No.

Purpose of Todays Meeting

  • Discuss Part 53 proposed rulemaking effort
  • Todays meeting is a Comment-Gathering meeting, which means that public participation is actively sought in the discussion of the regulatory issues during the meeting.
  • The meeting is being transcribed and the transcription will be available with the meeting summary by March 10, 2022.
  • No regulatory decisions will be made at todays meeting.

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Background Discussion of Part 53 Rulemaking

NRC is preparing for a Variety of Advanced Nuclear Technologies Research Molten Salt Small and Test Reactors Modular Reactors Reactors Current and potential 13+ applications by 2027 EVOLVING High-LANDSCAPE Temperature Liquid Metal Micro- 6+ Potential operating licenses by Cooled Fast Reactors 2027 Gas-Cooled Reactors Reactors

  • Many different reactor technologies
  • Range of sizes from < 10 MWt to 600 MWt
  • Multiple reactors on a single site
  • Hazards vary with power level and radionuclide inventory 6

Vision & Strategy Nuclear Energy Innovation and Modernization Act (NEIMA; Public Law 115-439), dated January 2019, requires the NRC to complete a rulemaking to establish a technology-inclusive, regulatory framework for optional use for commercial advanced nuclear reactors no later than December 2027 7

Modernizing the Regulatory Framework Part 53 Functional Emergency Containment Preparedness Advanced Physical Nuclear Security for Reactor Advanced GEIS Technology-Inclusive, Reactors Risk-Informed Regulatory Framework Licensing TICAP/ARCAP Modernization Project Application Fuel Adv Rx Siting Level of RG 1.233 Qualification SECY-20-0045 Detail 8

Licensing Modernization Project (LMP)

A risk-informed, consequence-oriented approach to establish licensing basis and content of applications (see Regulatory Guide (RG) 1.233 https://www.nrc.gov/docs/ML2009/ML20091L698.pdf) 9

Rulemaking Plan

  • SECY-20-0032, Rulemaking Plan on Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors, dated April 13, 2020 (ADAMS ML19340A056).
  • In SRM-SECY-20-0032, dated October 2, 2020 (ADAMS ML20276A293), the Commission provided direction to the staff.
  • On November 2, 2020, staff submitted a Commission memorandum responding to the SRM direction to provide a schedule with milestones and resources to complete the final rule by October 2024 (ADAMS ML20288A251).
  • On November 23, 2021, the Commission approved the NRC staffs schedule extension request 10

11 Rulemaking Stakeholder Engagement Broadening engagement:

  • 14 public and 15 ACRS meetings
  • Releasing initial and revised preliminary proposed rule language
  • Further considering stakeholder comments o Over 200 public comment submittals received o Extended public comment period on preliminary proposed rule language until August 31, 2022 12

Rulemaking Schedule 13

Part 53 Overview 14

Part 53 Rulemaking Objectives

1. Continue to provide reasonable assurance of adequate protection of public health and safety and the common defense and security,
2. Promote regulatory stability, predictability, and clarity,
3. Reduce requests for exemptions from the current requirements in 10 CFR Part 50 and 10 CFR Part 52,
4. Establish new requirements to address non-light-water reactor technologies,
5. Recognize technological advancements in reactor design, and
6. Credit the response of advanced nuclear reactors to postulated accidents, including slower transient response times and relatively small and slow release of fission products.

15

Part 53 vs Parts 50/52 Part 53 would evolve existing requirements into a modern, risk-informed, performance-based approach Part 53 Parts 50/52

  • Frequency & Consequence-Oriented
  • Prescriptive Requirements Requirements
  • Optimized for Specific Technology
  • Technology Inclusive
  • Augmented for Operating
  • Explicit Consideration of Defense in vs Experience Depth
  • Conservative Assumptions &
  • Expanded Use of Graded Performance Analyses Requirements AEA Sections 182 and 161 are the enabling legislation for Parts 50/52 and Part 53.

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Part 53 rulemaking addresses plant lifecycle with appropriate flexibilities and safety focus 17 17

Subpart A - General Provisions

  • This subpart includes sections related to topics such as scope, definitions, interpretations, relationships to other parts, communications, misconduct, employee protections, and exemptions.
  • Most sections in this subpart were developed based on similar or identical requirements in existing parts of NRC regulations.

18

Subpart B - Technology-Inclusive Safety Requirements

  • Safety Objectives (B) Safety Criteria What function(s)
  • Safety Criteria (e.g., a barrier, cooling) are needed to satisfy safety criteria
  • Safety Functions
  • Licensing Basis Events (B) Safety Functions What design features (e.g., a structure, system)

Defense in Depth are provided to fulfill the safety function(s)

  • Normal Operations and (C) Design Features Protection of Plant (and Human Actions) What design criteria (e.g., leak rate, cooling Workers capacity) are needed for design feature (C) Functional Design Criteria (Personnel; Concept of Operations) 19

Subpart C - Design and Analysis Requirements

  • Includes requirements for identification of Design Features and Functional Design Criteria as well as specific design requirements (e.g., using of consensus codes and standards, considering degradation mechanisms, achieving subcriticality, providing long-term cooling, earthquake engineering).
  • Includes analysis requirements (e.g., use of a probabilistic risk assessment, qualification of analytical tools) and requirements related to the safety categorization and Treatment of plant equipment.
  • Addresses how safety margins in the design can be balanced with flexibilities during operations.

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Subpart D - Siting Requirements

  • Addresses requirements associated with the siting of commercial nuclear plants and assumes the role provided by 10 CFR Part 100 for those facilities licensed under 10 CFR Parts 50 or 52.
  • Establishes the overall siting-related considerations in relation to the safety criteria in Subpart B and interfaces with the design (e.g., external hazards).
  • Recognizes that some applicants may propose designs that would allow them to essentially collapse the exclusion area and low population zone to the site boundary by demonstrating that the design basis accident does not challenge the dose-related criteria in this section.

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Subpart E - Construction and Manufacturing Requirements

  • This subpart addresses requirements for the construction of a commercial nuclear plant and the possible factory fabrication of reactors using a manufacturing license (ML).
  • The preliminary language for construction-related activities reflects current requirements without any fundamental changes.
  • The preliminary language for manufacturing activities largely mirrors the construction-related activities.

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Subpart F - Requirements for Operation

  • Defines the requirements during the operating phase of a commercial nuclear plant to ensure the safety criteria design & analysis requirements continue to be satisfied throughout the plants lifetime
  • Provides requirements on:
1. Plant equipment (e.g., configuration control, testing)
2. Plant personnel (e.g., operator licensing, training)
3. Plant programs (e.g., radiation protection, emergency preparedness, security) 23

Subpart G - Decommissioning Requirements

  • This subpart includes requirements related to maintaining financial assurance for decommissioning, requirements for transitioning from operations to decommissioning, termination of commercial nuclear plant licenses, and ultimately supporting unrestricted use of the site.
  • Most sections in this subpart were developed based on the existing decommissioning requirements.
  • Includes a requirement to perform site-specific cost estimates for decommissioning. In lieu of specific estimates for light-water reactors currently provided in § 50.75(c).

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Subpart H - Licenses, Certifications and Approvals

  • General requirements for the contents of applications for all NRC licenses, approvals, and certifications.
  • Application requirements tailored to match Part 53 technical requirements.

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Leveraging and Combining Existing Licensing Processes Operations Fuel Load Operating License Site (OL) selected Combined License (COL)

Use OL or custom COL to develop a CP based on Site subsequent DC SDA, ML or DC selected Standard Design Manufacturing Design Approval (SDA) License (ML) Certification(DC)

Part 50 Construction Part 52 Site selected CP and COL may reference Early Site Permit Permit (CP) Part 53 (ESP) 26

Subpart I - Maintaining and Revising Licensing Basis Information

  • Subpart I and some provisions within Subpart H define the requirements and processes for maintaining licensing basis information by holders of ESPs, CPs, OLs and COLs.
  • The subpart is generally organized into those sections dealing with (1) licensing basis information that licensees are not authorized to change without NRC approval (e.g., licenses, regulations) and (2) licensing basis documents that licensees may change if specified criteria are satisfied.

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Subpart J - Reporting and Other Administrative Requirements

  • This subpart includes sections related to ensuring that NRC inspectors have unfettered access to sites and facilities licensed or proposed to be licensed, maintaining records and making reports to the NRC, meeting financial qualification and reporting requirements, and obtaining and maintaining required financial protections in case of an accident
  • Most sections in this subpart were developed based on similar or identical requirements in existing parts of NRC regulations.

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Subpart K - Quality Assurance Criteria

  • New subpart developed in response to stakeholder feedback
  • Consolidates the requirements related to quality assurance from other sections in Part 53, similar to Appendix B to Part 50 29

Part 5X

  • Consideration of stakeholder requests for an option for a more traditional, deterministic licensing framework for advanced reactors
  • Provides technology-inclusive alternatives to LWR-centric requirements in Part 50
  • Aligns with international standards (i.e., IAEA)
  • Developing guidance for systematic searches for hazards, initiating events, and accident scenarios 30

Part 73 Security and Part 26 Fitness for Duty

  • § 73.100 - Physical security requirements at nuclear plants against radiological sabotage
  • § 73.110 - Technology neutral requirements for protection of digital computer and communication systems and networks
  • § 73.120 - Access authorization

Discussion and Questions Stakeholder Presentations Union of Concerned Scientists - Dr. Ed Lyman Uranium Watch - Sarah Fields Nuclear Innovation Alliance - Dr. Patrick White Breakthrough Institute - Dr. Adam Stein ClearPath - Nicholas McMurray Clean Air Task Force - Ann Weeks Third Way - Stephen Burns

Final Discussion and Questions 34

Next StepsFuture Public Meetings

  • The NRC will continue to announce public meetings to discuss and receive feedback on various regulatory topics and preliminary proposed rule text.

o Preliminary proposed rule text will be posted on regulations.gov under docket ID NRC-2019-0062 before the public meetings and in ADAMS at ML20289A534.

  • Continue to engage with ACRS
  • Stay informed! Subscribe to GovDelivery:

https://service.govdelivery.com/accounts/USNRC/subscriber/new 35

Closing Remarks Rulemaking Contacts Robert.Beall@nrc.gov 301-415-3874 Nanette.Valliere@nrc.gov 301-415-8462 Regulations.gov docket ID: NRC-2019-0062 Please provide feedback on this public meeting using this link:

https://www.nrc.gov/public-involve/public-meetings/contactus.html 36

Acronyms and Abbreviations ACRS Advisory Committee on Reactor Safeguards LMP Licensing Modernization Project Agencywide Documents Access and LWR Light-water reactor ADAMS Management System ML Manufacturing license AEA Atomic Energy Act MWt Megawatt thermal AOO Anticipated operational occurrence Nuclear Energy Innovation and Modernization NEIMA ARCAP Advanced reactor content of application project Act BDBE Beyond design basis event Office of Nuclear Material Safety and NMSS Safeguards CFR Code of Federal Regulations NRC U.S. Nuclear Regulatory Commission COL Combined license NRR Office of Nuclear Reactor Regulation CP Construction permit OL Operating license DBA Design basis accident RG Regulatory Guide DBE Design basis event SDA Standard design approval DC Design certification SRM Staff Requirements Memorandum EDO Executive Director for Operations SSC Structures, systems, and components ESP Early site permit Technology-inclusive content of application GEIS Generic Environmental Impact Statement TICAP project IAEA International Atomic Energy Agency 37

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