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
  • Over view 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)

9 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 Over view of the Proposed Rul e Docketing of Permanent Cessation of G ra d e d 10 CFR 50.82/ Operations All Fuel in Dry Cask All Fuel Offsite 10 CFR 52.110 + 10 Months (BWR) or Storage Certifications 16 Months (PWR)

Approach LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4

Emergency Preparedness Post-Shutdown Permanently Defueled ISFSI Only Permanent or interim Emergency Plan Emergency Plan Emergency Plan waste storage available (PSEP) (PDEP) (IOEP)

Allows for certain physical Can transition from Physical Security security plan changes 10 CFR 73.55 to without prior NRC approval 10 CFR 73.51 requirements

Cyber Security Removal of cyber security requirements

Onsite/Offsite Insurance Reduction of onsite insurance to $50 million

Reduction of offsite insurance to $100 million Where is this discussed in the FRN?

Emergency Preparedness

  • Section IV.A (pages 12268-12283)

Which sections of the CFR would be amended?

  • 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: DGEmergency Planning for Decommissioning Nuclear Power Reactors-1346 Revision 1 (Proposed New Regulatory Guide RG 1.235)

Emergency Preparedness Physical Security Cyber Security Drug and Alcohol Testing Certified Fuel Handler and Elimination of the Shift Technical Advisor 13 Where is this discussed in the FRN?

Physical Security

  • Section IV.B (pages 12283-12285)

Which sections of the CFR would be amended?

  • 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

Emergency Preparedness Physical Security Cyber Security Drug and Alcohol Testing Certified Fuel Handler and Elimination of the Shift Technical Advisor 14 Where is this discussed in the FRN?

Cyber Security

  • Section IV.C (pages 12285-12286)

Which sections of the CFR would be amended?

  • 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).

Emergency Preparedness Physical Security Cyber Security Drug and Alcohol Testing Certified Fuel Handler and Elimination of the Shift Technical Advisor 15 Where is this discussed in the FRN?

Drug and Alcohol Testing

  • Section IV.D (pages 12286-12287)

Which sections of the CFR would be amended?

  • Summary:
  • This proposed rule would correct inconsistencies in the NRC s regulations for fitness-fo r-duty programs and clarify provisions regarding a nuclear power reactor licensees insider mitigation program.
  • Specific requests for comments:
  • None
  • Additional information:
  • None

Physical Security Cyber Security Drug and Alcohol Testing Certified Fuel Handler and Decommissioning Funding Elimination of the Shift Technical Advisor Assurance 16 Certified Fuel Handler Definition and Where is this discussed in the FRN?

  • Section IV.E (pages 12287-12288)

Elimination of the Shift Technical Advisor Which sections of the CFR would be amended?

  • 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

Cyber Security Drug and Alcohol Testing Certified Fuel Handler Definition and Decommissioning Funding Offsite and Onsite Financial Protection Elimination of the Shift Technical AdvisorAssurance Requirements and Indemnity Agreements 17 Decommissioning Funding Where is this discussed in the FRN?

  • Section IV.F (pages 12288-12289)

Assurance Which sections of the CFR would be amended?

  • 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).

Drug and Alcohol Testing Certified Fuel Handler Definition and Decommissioning Funding Offsite and Onsite Financial Protection Environmental Considerations Elimination of the Shift Technical Advisor Assurance Requirements and Indemnity Agreements 18 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

Drug and Alcohol Testing Certified Fuel Handler Definition and Decommissioning Funding Offsite and Onsite Financial Protection Environmental Considerations Elimination of the Shift Technical AdvisorAssurance Requirements and Indemnity Agreements 19 Offsite and Onsite Financial Protection Where is this discussed in the FRN?

  • Section IV.G (pages 12289-12291)

Requirements and Indemnity Agreements Which sections of the CFR would be amended?

  • 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 NRC s regulations.
  • Specific requests for comments:
  • Insurance
  • Insurance for Specific License ISFSI
  • Additional information:
  • None

Certified Fuel Handler Definition and Decommissioning Funding Offsite and Onsite Financial Protection Environmental ConsiderationsRecord Retention Requirements Elimination of the Shift Technical AdvisorAssurance Requirements and Indemnity Agreements 20 Where is this discussed in the FRN?

Environmental Considerations

  • Section IV.H (pages 12291-12292)

Which sections of the CFR would be amended?

  • 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.

Decommissioning Funding Offsite and Onsite Financial Protection Environmental ConsiderationsRecord Retention RequirementsLow-Level Waste Transportation Assurance Requirements and Indemnity Agreements 21 Where is this discussed in the FRN?

Record Retention Requirements

  • Section IV.I (pages 12292-12294)

Which sections of the CFR would be amended?

  • 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

Offsite and Onsite Financial Protection Environmental ConsiderationsRecord Retention RequirementsLow-Level Waste TransportationSpent Fuel Management Planning Requirements and Indemnity Agreements 22 Where is this discussed in the FRN?

Low-Level Waste Transportation

  • Section IV.J (pages 12294-12295)

Which sections of the CFR would be amended?

  • 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

Environmental Considerations Record Retention Requirements Low-Level Waste Transportation Spent Fuel Management Planning Backfit Rule

23 Where is this discussed in the FRN?

Spent Fuel Management Planning

  • Section IV.K (pages 12295-12296)

Which sections of the CFR would be amended?

  • 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)

Record Retention RequirementsLow-Level Waste TransportationSpent Fuel Management Planning Backfit Rule Foreign Ownership, Control, or Domination 24 Where is this discussed in the FRN?

Backfit Rule

  • Section IV.L (pages 12296-12297)

Which sections of the CFR would be amended?

  • 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.

Low-Level Waste Transportation Spent Fuel Management Planning Backfit Rule Foreign Ownership, Control, or Clarification of Scope of License Domination Termination Plan Requirement 25 Foreign Ownership, Control, Where is this discussed in the FRN?

  • Section IV.M (pages 12297-12300) or Domination Which sections of the CFR would be amended?
  • 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

Spent Fuel Management Planning Backfit Rule Foreign Ownership, Control, or Clarification of Scope of License Removal of License Conditions and Domination Termination Plan Requirement Withdrawal of Orders 26 Clarification of Scope of License Where is this discussed in the FRN?

  • Section IV.N (pages 12300-12301)

Termination Plan Requirement Which sections of the CFR would be amended?

  • 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

Backfit Rule Foreign Ownership, Control, or Clarification of Scope of License Removal of License Conditions Changes for Consistent Treatment of Holders Domination Termination Plan Requirement and Withdrawal of Orders of Combined Licenses and Operating Licenses 27 Removal of License Conditions Where is this discussed in the FRN?

  • Section IV.O (pages 12301-12301) and Withdrawal of Orders Which sections of the CFR would be amended?
  • 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

Backfit Rule Foreign Ownership, Control, or Clarification of Scope of License Removal of License ConditionsChanges for Consistent Treatment of Holders Domination Termination Plan Requirement and Withdrawal of Orders of Combined Licenses and Operating Licenses 28 Changes for Consistent Treatment of Holders Where is this discussed in the FRN?

  • Section IV.P (pages 12301-12302) of Combined Licenses and Operating Licenses Which sections of the CFR would be amended?
  • 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

Backfit Rule Foreign Ownership, Control, or Clarification of Scope of License Removal of License ConditionsChanges for Consistent Treatment of Holders Domination Termination Plan Requirement and Withdrawal of Orders of Combined Licenses and Operating Licenses 29 Specific Requests for Comments

  • 18 questions
  • Timeframe for Decommissioning* Exemptions
  • Section V in the FRN
  • Emergency Planning
  • Applicability (pages 12302-12304)
  • Insurance for Specific License
  • Emergency Response Data Syste m sISFSI
  • Recordkeeping Requirements for Facilities Licensed under
  • Financial Assurance
  • Identical Requirements under § 50.82 and § 52.110
  • S ite-Specific Cost Analysis* Removal of License Conditions
  • Decommissioning Trust Fund and Withdrawal of Orders
  • Timing of Decommissioning
  • Spent Fuel Management Planning Funding Assurance Reporting

30 Regulator y 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 Commenter s Checklist on Regulations. gov

  • Available on the comment submission fo r m on Regulations. gov
  • Also available in printable format

33 Tip #2 - Review the Unofficial Redline Rule Language

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

34 Tip #3 - Find additional information on the NRC public website

https://go.usa. gov/xzksC

Questions?

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

35 Nex t Steps

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

36 Publ ic Feedback and Questions How did we do?

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

38 Acronyms

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

39

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