ML22059A016

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NRC Presentation for Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning
ML22059A016
Person / Time
Issue date: 03/21/2022
From: Dan Doyle
NRC/NMSS/DREFS/RRPB
To:
Doyle, Daniel
References
NRC-2015-0070, RIN 3150-AJ59
Download: ML22059A016 (39)
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Text

Public Meeting on Proposed Rule Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning March 21, 2022 ADAMS Accession No. ML22059A016

Purpose

  • Provide information to help stakeholders prepare comments on the Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning proposed rule and draft regulatory guidance 2

Agenda

  • Welcome and Logistics
  • Opening Remarks
  • Background and Status
  • Overview of the Proposed Rule
  • Tips for Preparing Comments
  • Next Steps
  • Public Feedback and Questions 3

Logistics

  • Meeting is being recorded and transcribed
  • Keep line muted until you intend to speak
  • Raise hand button in Teams (*5 on phone)
  • Unmute button in Teams (*6 on phone)
  • Chat feature is disabled
  • Presentation slides shown on the Microsoft Teams screen and in ADAMS at ML22059A016
  • Phone attendees should email Dan.Doyle@nrc.gov for attendance 4

Opening Remarks Patricia K. Holahan, Ph.D.

Special Assistant Division of Rulemaking, Environmental, and Financial Support 5

Daniel Doyle Senior Project Manager Division of Rulemaking, Environmental, and Financial Support 6

Background and Status

Background and Status

  • An increase in plant shutdowns led the NRC to initiate rulemaking in December 2015 to improve the transition to decommissioning.
  • The NRC conducted extensive public outreach including soliciting comments on an advance notice of proposed rulemaking and a regulatory basis document.
  • The proposed rule was published in the Federal Register on March 3, 2022 (87 FR 12254). The 75-day comment period ends May 17, 2022.

8

Proposed Rule and Related Documents

  • Proposed Rule
  • Web version
  • Printed version
  • Supporting & Related Material
  • Draft Supporting Statements for Information Collections (ML18039A192)

Guidance Documents

  • DG-1346 Rev. 1 (Proposed New RG 1.235) Emergency Planning for Decommissioning Nuclear Power Reactors (ML21347A046)
  • DG-1347 Rev. 1 (Proposed RG 1.184 Rev. 2) Decommissioning of Nuclear Power Reactors (ML21347A080)
  • DG-1348 Rev. 1 (Proposed RG 1.159 Rev. 3) Assuring the Availability of Funds for Decommissioning Production or Utilization Facilities (ML21347A081)
  • DG-1349 Rev. 1 (Proposed RG 1.185 Rev. 2) Standard Format and Content for Post-Shutdown Decommissioning Activities Report (ML21347A138) 10

Overview of the Proposed Rule

Docketing of 10 CFR 50.82/

10 CFR 52.110 Certifications Permanent Cessation of Operations

+ 10 Months (BWR) or 16 Months (PWR)

All Fuel in Dry Cask Storage All Fuel Offsite LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 Permanently Defueled Emergency Plan (PDEP)

ISFSI Only Emergency Plan (IOEP)

Allows for certain physical security plan changes without prior NRC approval Can transition from 10 CFR 73.55 to 10 CFR 73.51 requirements Removal of cyber security requirements Reduction of onsite insurance to $50 million Reduction of offsite insurance to $100 million Emergency Preparedness Physical Security Cyber Security Onsite/Offsite Insurance Post-Shutdown Emergency Plan (PSEP)

Permanent or interim waste storage available Graded Approach

Emergency Preparedness

  • Summary:
  • This proposed rule offers an alternative, graded approach to the licensee requirements for onsite and offsite radiological emergency preparedness at an operating nuclear power reactor. This approach would provide four levels of emergency planning standards that coincide with significant milestones in the reduction of the radiological risk during decommissioning.
  • Specific requests for comments:
  • Emergency Planning
  • Additional information:
  • Draft Guidance: DG-1346 Revision 1 (Proposed New Regulatory Guide RG 1.235)

Emergency Planning for Decommissioning Nuclear Power Reactors 13 Where is this discussed in the FRN?

Section IV.A (pages 12268-12283)

Which sections of the CFR would be amended?

10 CFR 50.47, 10 CFR 50.54, 10 CFR 50.200, App E to 10 CFR Part 50, 10 CFR 72.32, 10 CFR 72.44 Emergency Preparedness Physical Security Cyber Security Drug and Alcohol Testing Certified Fuel Handler and Elimination of the Shift Technical Advisor

Physical Security

  • Summary:
  • This proposed rule would allow certain changes to eliminate licensee requests for approvals via exemptions, amendments, and for certain adjustments to their physical security programs (the removal of the prevention of significant core damage, the use of certified fuel handlers, the removal of the control room as a vital area, the removal of security communications with the control room, revisions to the 10 CFR 50.54(p)(2) process, and the use of 10 CFR 73.51 for the Independent Spent Fuel Storage Installation physical security requirements).
  • Specific requests for comments:
  • None
  • Additional information:
  • None 14 Where is this discussed in the FRN?

Section IV.B (pages 12283-12285)

Which sections of the CFR would be amended?

10 CFR 50.54, 10 CFR 72.13, 10 CFR 72.212, 10 CFR 73.51, 10 CFR 73.55 Emergency Preparedness Physical Security Cyber Security Drug and Alcohol Testing Certified Fuel Handler and Elimination of the Shift Technical Advisor

Cyber Security

  • Summary:
  • This proposed rule would provide that the cyber security requirements in § 73.54, Protection of digital computer and communication systems and networks, would apply to a nuclear power reactor after the licensees permanent cessation of operations, until all the fuel has been removed from the reactor vessel and there has been sufficient decay of the fuel in the spent fuel pool such that it would not reach ignition temperature within 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> under adiabatic heatup conditions.
  • Specific requests for comments:
  • Additional information:
  • Backfit analysis is in Section IX.D of the FRN (pages 12313-12316).

15 Where is this discussed in the FRN?

Section IV.C (pages 12285-12286)

Which sections of the CFR would be amended?

10 CFR 73.54, 10 CFR 73.55 Emergency Preparedness Physical Security Cyber Security Drug and Alcohol Testing Certified Fuel Handler and Elimination of the Shift Technical Advisor

Drug and Alcohol Testing

  • Summary:
  • This proposed rule would correct inconsistencies in the NRCs regulations for fitness-for-duty programs and clarify provisions regarding a nuclear power reactor licensees insider mitigation program.
  • Specific requests for comments:
  • None
  • Additional information:
  • None 16 Where is this discussed in the FRN?

Section IV.D (pages 12286-12287)

Which sections of the CFR would be amended?

10 CFR 26.3, 10 CFR 26.825, 10 CFR 73.55 Physical Security Cyber Security Drug and Alcohol Testing Certified Fuel Handler and Elimination of the Shift Technical Advisor Decommissioning Funding Assurance

Certified Fuel Handler Definition and Elimination of the Shift Technical Advisor

  • Summary:
  • This proposed rule would retain the existing definition for certified fuel handler and add an alternative that would eliminate the need for nuclear power reactor licensees to seek the Commissions approval of a fuel handler training program. This proposed rule would also clarify that a Shift Technical Advisor is not required for decommissioning nuclear power reactors.
  • Specific requests for comments:
  • None
  • Additional information:
  • None 17 Where is this discussed in the FRN?

Section IV.E (pages 12287-12288)

Which sections of the CFR would be amended?

10 CFR 50.2, 10 CFR 50.54 Cyber Security Drug and Alcohol Testing Certified Fuel Handler Definition and Elimination of the Shift Technical Advisor Decommissioning Funding Assurance Offsite and Onsite Financial Protection Requirements and Indemnity Agreements

Decommissioning Funding Assurance

  • Summary:
  • Modifies the biennial decommissioning trust fund reporting frequency for operating reactors (10 CFR 50.75) to be consistent with the 3-year reporting frequency for ISFSIs (§ 72.30(c)).
  • allows licensees to combine reports required by § 50.82(a)(8)(v), § 50.82(a)(8)(vii), and § 72.30
  • removes the requirement for NRC approval of ISFSI reports filed under § 72.30(c).
  • Clarifies that when a licensee identifies a shortfall in report required by § 50.75(f)(1), the licensee must obtain additional financial assurance to cover the shortfall and discuss that information in the next report.
  • Makes administrative changes to ensure consistency with § 50.4, Written communications, regarding the submission of notifications and to eliminate § 50.75(f)(2) because § 50.75(f)(1) fully encompasses paragraph (f)(2).

18 Where is this discussed in the FRN?

Section IV.F (pages 12288-12289)

Which sections of the CFR would be amended?

10 CFR 50.75, 10 CFR 50.82, 10 CFR 52.110, 10 CFR 72.30 Drug and Alcohol Testing Certified Fuel Handler Definition and Elimination of the Shift Technical Advisor Decommissioning Funding Assurance Offsite and Onsite Financial Protection Requirements and Indemnity Agreements Environmental Considerations

Decommissioning Funding Assurance (continued)

  • Specific requests for comments:
  • Financial Assurance
  • Site-Specific Cost Analysis
  • Decommissioning Trust Fund
  • Timing of Decommissioning Fund Assurance Reporting
  • Identical Requirements under § 50.82 and § 52.110
  • Additional information:
  • Draft Guidance: DG-1348 Revision 1 (Proposed Regulatory Guide RG 1.159 Rev. 3) Assuring the Availability of Funds for Decommissioning Production or Utilization Facilities 19 Drug and Alcohol Testing Certified Fuel Handler Definition and Elimination of the Shift Technical Advisor Decommissioning Funding Assurance Offsite and Onsite Financial Protection Requirements and Indemnity Agreements Environmental Considerations

Offsite and Onsite Financial Protection Requirements and Indemnity Agreements

  • Summary:
  • This proposed rule would allow certain nuclear power reactor licensees in decommissioning to reduce the onsite and offsite insurance amounts they are required to maintain without obtaining exemptions from the NRCs regulations.
  • Specific requests for comments:
  • Insurance
  • Insurance for Specific License ISFSI
  • Additional information:
  • None 20 Where is this discussed in the FRN?

Section IV.G (pages 12289-12291)

Which sections of the CFR would be amended?

10 CFR 50.54, 10 CFR 140.11, 10 CFR 140.81 Certified Fuel Handler Definition and Elimination of the Shift Technical Advisor Decommissioning Funding Assurance Offsite and Onsite Financial Protection Requirements and Indemnity Agreements Environmental Considerations Record Retention Requirements

Environmental Considerations

  • Summary:
  • This proposed rule would clarify that licensees must evaluate in the Post Shutdown Decommissioning Activities Report (PSDAR) the environmental impacts of decommissioning and whether they are bounded by previous federally issued environmental review documents. The proposed rule would also clarify environmental reporting requirements.
  • Specific requests for comments:
  • None
  • Additional information:
  • Draft Guidance: DG-1347 Rev 1 (Proposed Rev 2 RG 1.184) Decommissioning of Nuclear Power Reactors; DG-1349 Rev 1 (Proposed Rev 2 RG 1.185) Standard Format and Content for PSDAR. Decommissioning GEIS will be updated separately.

21 Where is this discussed in the FRN?

Section IV.H (pages 12291-12292)

Which sections of the CFR would be amended?

10 CFR 50.82, 10 CFR 51.53, 10 CFR 51.95, 10 CFR 52.110 Decommissioning Funding Assurance Offsite and Onsite Financial Protection Requirements and Indemnity Agreements Environmental Considerations Record Retention Requirements Low-Level Waste Transportation

Record Retention Requirements

  • Summary:
  • This proposed rule would remove certain record retention requirements for structures, systems, and components that no longer remain in service during decommissioning and would remove requirements to keep multiple copies of certain spent fuel storage records.
  • Specific requests for comments:
  • Recordkeeping Requirements for Facilities Licensed under 10 CFR Part 52
  • Additional information:
  • None 22 Where is this discussed in the FRN?

Section IV.I (pages 12292-12294)

Which sections of the CFR would be amended?

10 CFR 50.59, 10 CFR 50.71, 10 CFR 52.63, 10 CFR 72.72 Offsite and Onsite Financial Protection Requirements and Indemnity Agreements Environmental Considerations Record Retention Requirements Low-Level Waste Transportation Spent Fuel Management Planning

Low-Level Waste Transportation

  • Summary:
  • This proposed rule would allow a 45-day window for notification of receipt of shipments of low-level radioactive waste. This increase from the current 20-day notification window is based on operating experience that shows that 45 days is an appropriate amount of time to allow for notification of low-level waste shipments.
  • Specific requests for comments:
  • None
  • Additional information:
  • None 23 Where is this discussed in the FRN?

Section IV.J (pages 12294-12295)

Which sections of the CFR would be amended?

App G to 10 CFR Part 20 Environmental Considerations Record Retention Requirements Low-Level Waste Transportation Spent Fuel Management Planning Backfit Rule

Spent Fuel Management Planning

  • Summary:
  • This proposed rule would clarify requirements for documenting information on spent fuel management planning in the § 50.54(bb) irradiated fuel management plan and would clarify requirements for decommissioning and termination of a 10 CFR Part 72 general license in § 72.218, Termination of licenses.
  • Specific requests for comments:
  • Spent Fuel Management Planning
  • Additional information:
  • Draft Guidance: DG-1347 Rev 1 (Proposed RG 1.184 Rev 2), DG-1349 Rev 1 (Proposed RG 1.185 Rev 2) 24 Where is this discussed in the FRN?

Section IV.K (pages 12295-12296)

Which sections of the CFR would be amended?

10 CFR 50.54(bb), 10 CFR 51.53, 10 CFR 51.95, 10 CFR 72.218 Record Retention Requirements Low-Level Waste Transportation Spent Fuel Management Planning Backfit Rule Foreign Ownership, Control, or Domination

Backfit Rule

  • Summary:
  • This proposed rule would clarify how the NRC applies § 50.109, Backfitting, to nuclear power reactor licensees in decommissioning and would make conforming changes to § 72.62.
  • Specific requests for comments:
  • Additional information:
  • The proposed rule would codify consideration of costs when justifying a backfitting action with the compliance exception.

25 Where is this discussed in the FRN?

Section IV.L (pages 12296-12297)

Which sections of the CFR would be amended?

10 CFR 50.109, 10 CFR 72.62 Low-Level Waste Transportation Spent Fuel Management Planning Backfit Rule Foreign Ownership, Control, or Domination Clarification of Scope of License Termination Plan Requirement

Foreign Ownership, Control, or Domination

  • Summary:
  • This proposed rule would specify the criteria for when a facility is no longer a production or utilization facility and that the foreign ownership, control, or domination prohibition found in § 50.38, Ineligibility of certain applicants, no longer applies to a person seeking a license for such a facility.
  • Specific requests for comments:
  • None
  • Additional information:
  • None 26 Where is this discussed in the FRN?

Section IV.M (pages 12297-12300)

Which sections of the CFR would be amended?

10 CFR 50.1, 10 CFR 50.2, 10 CFR 50.38, 10 CFR 50.51, 10 CFR 50.82, 10 CFR 52.0, 10 CFR 52.109, 10 CFR 52.110 Spent Fuel Management Planning Backfit Rule Foreign Ownership, Control, or Domination Clarification of Scope of License Termination Plan Requirement Removal of License Conditions and Withdrawal of Orders

Clarification of Scope of License Termination Plan Requirement

  • Summary:
  • This proposed rule would clarify that the requirement for a license termination plan in §§ 50.82(a)(9) and 52.110(i) applies only to nuclear power reactor licensees that have loaded fuel into the reactor.
  • Specific requests for comments:
  • None
  • Additional information:
  • None 27 Where is this discussed in the FRN?

Section IV.N (pages 12300-12301)

Which sections of the CFR would be amended?

10 CFR 50.82, 10 CFR 52.110 Backfit Rule Foreign Ownership, Control, or Domination Clarification of Scope of License Termination Plan Requirement Removal of License Conditions and Withdrawal of Orders Changes for Consistent Treatment of Holders of Combined Licenses and Operating Licenses

Removal of License Conditions and Withdrawal of Orders

  • Summary:
  • This proposed rule would deem removed conditions imposed upon individual licensees and withdraw an NRC order. The conditions and order have been identified as having been made redundant by subsequent regulation resulting in their requirements being generically applicable.
  • Specific requests for comments:
  • Removal of License Conditions and Withdrawal of Orders
  • Additional information:
  • None 28 Where is this discussed in the FRN?

Section IV.O (pages 12301-12301)

Which sections of the CFR would be amended?

10 CFR 50.155 Backfit Rule Foreign Ownership, Control, or Domination Clarification of Scope of License Termination Plan Requirement Removal of License Conditions and Withdrawal of Orders Changes for Consistent Treatment of Holders of Combined Licenses and Operating Licenses

Changes for Consistent Treatment of Holders of Combined Licenses and Operating Licenses

  • Summary:
  • The proposed rule would improve consistency in regulatory treatment for combined license (Part 52) and operating license (Part 50) holders by aligning regulatory applicabilities for combined license holders upon submittal of the

§ 52.110(a) certifications with regulatory applicabilities for operating license holders upon submittal of the § 50.82(a)(1) certifications.

  • Specific requests for comments:
  • None
  • Additional information:
  • None 29 Where is this discussed in the FRN?

Section IV.P (pages 12301-12302)

Which sections of the CFR would be amended?

10 CFR 50.36, 50.44, 50.46, 50.48, 50.49, 50.54, 50.59, 50.60, 50.61, 50.62, 50.65, 50.71, 50.75, App I to 10 CFR Part 50, 52.110 Backfit Rule Foreign Ownership, Control, or Domination Clarification of Scope of License Termination Plan Requirement Removal of License Conditions and Withdrawal of Orders Changes for Consistent Treatment of Holders of Combined Licenses and Operating Licenses

Specific Requests for Comments

  • 18 questions
  • Section V in the FRN (pages 12302-12304)
  • Timeframe for Decommissioning
  • Emergency Planning
  • Insurance
  • Financial Assurance
  • Site-Specific Cost Analysis
  • Decommissioning Trust Fund
  • Timing of Decommissioning Funding Assurance Reporting
  • Exemptions
  • Applicability
  • Insurance for Specific License ISFSI
  • Recordkeeping Requirements for Facilities Licensed under 10 CFR Part 52
  • Identical Requirements under

§ 50.82 and § 52.110

  • Removal of License Conditions and Withdrawal of Orders
  • Spent Fuel Management Planning 30

Regulatory Analysis

  • Summary:
  • This proposed rule is determined to be cost beneficial, with estimated net averted costs of approximately $17.9M at a 7 percent net present value (NPV) and $37.0M at a 3 percent NPV, for the recommended alternatives
  • Specific decommissioning areas:
  • The Emergency Preparedness alternative is estimated to result in net averted costs of approximately $7.74M at a 7 percent NPV
  • The Drugs and Alcohol Testing alternative is estimated to result in net averted costs of approximately $7.03M at a 7 percent NPV
  • The Decommissioning Funding Insurance alternative is estimated to result in net averted costs of approximately $1.18M at a 7 percent NPV 31

Tips for Preparing Comments

Tip #1 - Review the Commenters Checklist on Regulations.gov 33

  • Available on the comment submission form on Regulations.gov
  • Also available in printable format

Tip #2 - Review the Unofficial Redline Rule Language 34

  • This document shows how the proposed rule would modify the current regulations in redline/strikeout format.

Tip #3 - Find additional information on the NRC public website 35 https://go.usa.gov/xzksC Questions?

Contact Dan Doyle, Dan.Doyle@nrc.gov, 301-415-3748

Next Steps

  • Public comment period ends: May 17, 2022
  • Final rule to the Commission: October 2023 (estimated)
  • Final rule publication: May 2024 (estimated) 36

Public Feedback and Questions

How did we do?

  • NRC Public Meeting Feedback Form (QR code):
  • The public meeting feedback form is also available on the meeting details page.

38

Acronyms ADAMS Agencywide Documents Access and Management System BWR boiling water reactor CFR Code of Federal Regulations COL combined license CSP cyber security plan DG draft regulatory guide FRN Federal Register notice GEIS generic environmental impact statement IOEP ISFSI-only emergency plan ISFSI independent spent fuel storage installation NPV net present value NRC Nuclear Regulatory Commission PDEP permanently defueled emergency plan PSDAR post-shutdown decommissioning activities report PSEP post-shutdown emergency plan PWR pressurized water reactor RG regulatory guide SRM staff requirements memorandum 39

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