ML22118A030

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Public Meeting Presentation Proposed Rule Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning
ML22118A030
Person / Time
Issue date: 05/04/2022
From: Dan Doyle
NRC/NMSS/DREFS/RRPB
To:
Doyle, Daniel
References
NRC-2015-0070, RIN 3150-AJ59
Download: ML22118A030 (40)
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Text

Public Meeting on Proposed Rule Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning May 4, 2022 ADAMS Accession No. ML22118A030

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 ML22118A030
  • Phone attendees should email Dan.Doyle@nrc.gov for attendance 4

Opening Remarks Patricia K. Holahan, PhD 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 deadline for comments will be extended from May 17, 2022, to August 30, 2022.

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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 Graded Docketing of 10 CFR 50.82/

10 CFR 52.110 Permanent Cessation of Operations

+ 10 Months (BWR) or All Fuel in Dry Cask Storage All Fuel Offsite Approach Certifications LEVEL 1 16 Months (PWR)

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 12

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: DG-1346 Revision 1 (Proposed New Regulatory Guide RG 1.235)

Emergency Planning for Decommissioning Nuclear Power Reactors Clarification of Scope of License Decommissioning Funding Emergency Preparedness Backfit Rule Environmental Considerations Termination Plan Requirement Assurance 13

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.

Clarification of Scope of License Decommissioning Funding Emergency Preparedness Backfit Rule Environmental Considerations Termination Plan Requirement Assurance 14

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:
  • Approval of PSDAR, site-specific environmental review, and hearing opportunity before allowing major decommissioning activities to begin
  • Other activities to increase transparency and public trust in NRC regulatory framework
  • Role for state and local governments in the decommissioning process
  • 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.

Clarification of Scope of License Decommissioning Funding Emergency Preparedness Backfit Rule Environmental Considerations Termination Plan Requirement Assurance 15

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 Clarification of Scope of License Decommissioning Funding Offsite and Onsite Financial Protection Backfit Rule Environmental Considerations Termination Plan Requirement Assurance Requirements and Indemnity Agreements 16

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).

Clarification of Scope of License Decommissioning Funding Offsite and Onsite Financial Protection Foreign Ownership, Control, or Environmental Considerations Termination Plan Requirement Assurance Requirements and Indemnity Agreements Domination 17

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 Clarification of Scope of License Decommissioning Funding Offsite and Onsite Financial Protection Foreign Ownership, Control, or Environmental Considerations Termination Plan Requirement Assurance Requirements and Indemnity Agreements Domination 18

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 NRCs regulations.
  • Specific requests for comments:
  • Insurance
  • Insurance for Specific License ISFSI
  • Additional information:
  • None Clarification of Scope of License Decommissioning Funding Offsite and Onsite Financial Protection Foreign Ownership, Control, or Physical Security Termination Plan Requirement Assurance Requirements and Indemnity Agreements Domination 19

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 Decommissioning Funding Offsite and Onsite Financial Protection Foreign Ownership, Control, or Physical Security Cyber Security Assurance Requirements and Indemnity Agreements Domination 20

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 Offsite and Onsite Financial Protection Foreign Ownership, Control, or Physical Security Cyber Security Drug and Alcohol Testing Requirements and Indemnity Agreements Domination 21

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).

Foreign Ownership, Control, or Removal of License Conditions Physical Security Cyber Security Drug and Alcohol Testing Domination and Withdrawal of Orders 22

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 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 Removal of License Conditions Spent Fuel Management Physical Security Cyber Security Drug and Alcohol Testing and Withdrawal of Orders Planning 23

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 Removal of License Conditions Spent Fuel Management Low-Level Waste Cyber Security Drug and Alcohol Testing and Withdrawal of Orders Planning Transportation 24

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)

Removal of License Conditions Spent Fuel Management Low-Level Waste Certified Fuel Handler Definition and Drug and Alcohol Testing and Withdrawal of Orders Planning Transportation Elimination of the Shift Technical Advisor 25

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 Removal of License Conditions Spent Fuel Management Low-Level Waste Certified Fuel Handler Definition and Changes for Consistent Treatment of Holders and Withdrawal of Orders Planning Transportation Elimination of the Shift Technical Advisor of Combined Licenses and Operating Licenses 26

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 Spent Fuel Management Low-Level Waste Certified Fuel Handler Definition and Changes for Consistent Treatment of Holders Record Retention Planning Transportation Elimination of the Shift Technical Advisor of Combined Licenses and Operating Licenses Requirements 27

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 Spent Fuel Management Low-Level Waste Certified Fuel Handler Definition and Changes for Consistent Treatment of Holders Record Retention Planning Transportation Elimination of the Shift Technical Advisor of Combined Licenses and Operating Licenses Requirements 28

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 Spent Fuel Management Low-Level Waste Certified Fuel Handler Definition and Changes for Consistent Treatment of Holders Record Retention Planning Transportation Elimination of the Shift Technical Advisor of Combined Licenses and Operating Licenses Requirements 29

Specific Requests for Comments

  • 18 requests
  • Timeframe for
  • Exemptions
  • Section V in the FRN Decommissioning
  • Applicability (pages 12302-12304)
  • Emergency Planning
  • Insurance for Specific License
  • Emergency Response Data ISFSI Systems
  • Recordkeeping Requirements
  • Insurance
  • Identical Requirements under
  • Financial Assurance § 50.82 and § 52.110
  • Site-Specific Cost Analysis
  • Removal of License Conditions
  • Decommissioning Trust Fund and Withdrawal of Orders
  • Timing of Decommissioning
  • Spent Fuel Management Funding Assurance Reporting 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 Assurance 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

  • Available on the comment submission form 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.

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

How to submit a comment

  • Regulations.gov: comment form or
  • Email: Rulemaking.Comments@nrc.gov or
  • Mail: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff 36

Next Steps

  • Public comment period ends: August 30, 2022*
  • Final rule to the Commission: October 2023 (estimated)
  • Final rule publication: May 2024 (estimated)
  • The NRC will publish a notice in the Federal Register informing the public that the deadline for comments is extended from May 17, 2022, to August 30, 2022.

37

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.

39

Acronyms ADAMS Agencywide Documents Access and ISFSI independent spent fuel storage installation Management System NPV net present value BWR boiling water reactor NRC Nuclear Regulatory Commission CFR Code of Federal Regulations PDEP permanently defueled emergency plan COL combined license PSDAR post-shutdown decommissioning activities CSP cyber security plan report DG draft regulatory guide PSEP post-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 40

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