ML22108A204
| ML22108A204 | |
| Person / Time | |
|---|---|
| Issue date: | 04/20/2022 |
| From: | Stephanie Coffin Office of Nuclear Regulatory Research |
| To: | Dan Dorman NRC/EDO |
| DiFrancesco, Daniel - 301 415 1116 | |
| References | |
| Download: ML22108A204 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 20, 2022 MEMORANDUM TO: Daniel H. Dorman Executive Director for Operations FROM: Stephanie M. Coffin, Chairman /RA/
Committee to Review Generic Requirements
SUBJECT:
COMMITTEE TO REVIEW GENERIC REQUIREMENTS:
MINUTES OF MEETING NO. 458 On February 15, 2022, the Committee to Review Generic Requirements (CRGR, the Committee) held Meeting No. 458. The purpose of this meeting was to review the analysis of a potential physical security-related backfit supporting the rulemaking on Alignment of Licensing Processes and Lessons Learned from New Reactor Licensing. The overall goal of the rulemaking is to amending regulations to improve consistency and efficiencies in new reactor licensing reviews, reduce the need for exemptions from existing regulations and license amendment requests, and address other licensing issues.
The staff from the U.S. Nuclear Regulatory Commission (NRC) Office of Nuclear Material Safety and Safeguards, the Office of Nuclear Security and Incident Response, and the Office of Nuclear Reactor Regulation presented the draft proposed rule language and the staffs positions on backfitting plans for physical security-related protections. Enclosure 1 lists the meeting attendees. Enclosure 2 provides information on accessing the draft proposed rulemaking, the staffs presentation, and the supporting staff analysis for the physical security-related backfit.
During the meeting, the staff discussed how it identified the existence of a regulatory gap in the security requirements for the protection of Category II and III quantities of special nuclear material stored within the owner-controlled area but outside the protected area for power reactor operating licensees under Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Domestic Licensing of Production and Utilization Facilities. The NRC staff proposes to change 10 CFR 70.22(k), 10 CFR 73.67(d), and 10 CFR 73.67(f) to revise the security requirements, and these changes would constitute backfitting. The CRGR found that the staff appropriately identified this change as a backfit. The CRGR focused its attention on the type of backfit (i.e., adequate protection, compliance, or cost justified). The staff presented its view that the proposed backfitting was justified under the backfitting provisions of 10 CFR 50.109(a)(4) because the proposed action would be necessary to ensure that these facilities provide adequate protection of public health and safety and are in accordance with the common defense and security.
CONTACT: Nicholas DiFrancesco, RES 301-415-1115
D. Dorman In its review of the subject rulemaking, the CRGR engaged the staff in discussions to understand the purpose, backfitting approach, and intent for this portion of the rulemaking. The CRGR members discussed the identified regulatory gap, its hazard, regulatory history and actions, and risk considerations.
The CRGR recognizes the Commission as the appropriate authority to determine adequate protection. Within its roles and responsibilities, the CRGR agreed that the staffs analysis was consistent with agency backfitting policy and endorsed the characterization of the security requirements for Category II and III special nuclear material as an adequate protection backfit.
CONCLUSIONS Following the review of the rulemaking package, staff presentation, and regulatory analysis, the CRGR endorsed the draft proposed rulemaking package without modification.
Enclosures:
Enclosure 1: CRGR Meeting No. 458 List of Attendees Enclosure 2: CRGR Meeting No. 458 List of References
ML22108A204 OFFICE RES/TA QTE CRGR NAME N. DiFrancesco J. Dougherty S. Coffin DATE 3/31/2022 4/8/22 4/20/22 D. Dorman COMMITTEE TO REVIEW GENERIC REQUIREMENTS MEETING NO. 458 LIST OF ATTENDEES (February 15, 2022)
CRGR Members Stephanie M. Coffin, Chairman Craig G. Erlanger, NSIR Robert Lewis, NMSS Raymond K. Lorson, RI Susan Vrahoretis, OGC Nicholas DiFrancesco, CRGR Staff NRC Staff Jim Beardsley, NSIR Howard Benowitz, OGC Ilka Berrios, NMSS Cindy Bladey, NMSS Anthony Bower, NSIR Phil Brochman, NMSS Michael Dudek, NRR Jonathan Fiske, NSIR Antonio Gomez, NMSS Clare Haffner (ICFNRC Contractor)
Tim Harris, NMSS Trish Holahan, NMSS Tara Inverso, NMSS Stacy Joseph, NMSS Audrey Klett, NRR Christine Mellen (ICFNRC Contractor)
Adrian Muniz, NRR James ODriscoll, NMSS Alison Rivera, NSIR Michele Sampson, NRR Aaron Sanders, NMSS Fred Schofer, NMSS Jill Shepherd, NMSS Niry Simonian, NSIR Brian Smith, NRR Norman St. Amour, OGC Omid Tabatabai, NRR John Tappert, NMSS Robert Taylor, NRR Enclosure 1
COMMITTEE TO REVIEW GENERIC REQUIREMENTS MEETING NO. 458 LIST OF REFERENCES Package of Draft Proposed Rulemaking, Committee to Review Generic Requirements Meeting Presentation, and Staff Analysis for Physical Security-Related Backfit (Agencywide Documents Access and Management System Package No. ML22089A012)
Enclosure 2