ML22216A122

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Public Meeting Summary for 10 CFR Part 53 Licensing and Regulation of Commercial Nuclear Plants Framework a - 2nd Iteration of the Preliminary Proposed Rule Language Including Parts 26 and 73
ML22216A122
Person / Time
Issue date: 08/04/2022
From: Robert Beall
NRC/NMSS/DREFS/RRPB
To:
Beall, Robert
References
10 CFR Part 26, 10 CFR Part 53, 10 CFR Part 73, 20220512, Meeting ID 20220512, NRC-2019-0062, RIN 3150-AK31
Download: ML22216A122 (3)


Text

U.S. Nuclear Regulatory Commission Public Meeting Summary August 4, 2022

Title:

Public Meeting to Discuss the Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking Meeting Identifier: 20220512 Date of Meeting: May 25, 2022 Location: Hybrid - Webinar, Conference Room T7-D30 Type of Meeting: Comment-Gathering Purpose of the Meeting(s):

The Nuclear Regulatory Commission (NRC) staff hosted a public meeting to provide an opportunity for external stakeholders to exchange information with the NRC staff on the NRCs development of the Part 53 proposed rule for commercial nuclear plants.

General Details:

The NRC has been directed by Congress through the Nuclear Energy Innovation and Modernization Act to conduct a rulemaking to establish a technology-inclusive, regulatory framework for optional use by commercial advanced nuclear reactors by 2027. To facilitate stakeholder engagement throughout the development of the proposed rule, the NRC staff is hosting a series of public meetings to discuss and review feedback on various regulatory topics and preliminary proposed rule language for Part 53.

Prior to the May 25, 2022, public meeting, the NRC released a series of separate Discussion Tables for Part 53, Part 26, Fitness for Duty Programs, and Part 73, Physical Protection of Plants and Materials, containing preliminary proposed rule language. These documents were made available to the public in ADAMS under accession number ML20289A534 and on the regulations.gov website under docket ID NRC-2019-0062. In addition, the NRC staff has consolidated the Part 53 preliminary proposed rule language into one document and, on May 10, 2022, released the second iteration of the consolidated Part 53 preliminary proposed rule language. This document was made available to the public in ADAMS under accession number ML22125A000 and on the regulations.gov website under docket ID NRC-2019-0062.

The meeting proceeded in a manner which gave stakeholders an opportunity to provide input on the preliminary proposed rule language and ask direct questions of the NRC staff.

The meeting was attended by approximately 127 people participating through webinar and audio teleconferencing.

Summary of Presentations:

Robert Beall, Rulemaking Project Manager in the NRCs Office of Nuclear Material Safety and Safeguards, opened the meeting, introduced himself as the NRC Project Manager for the Part 53 rulemaking and the meeting facilitator, and noted that this meeting is a comment 1

gathering public meeting and that no regulatory decisions would be made at the meeting.

Following Mr. Beall, Steve Lynch, Acting Chief of the Advanced Reactor Policy Branch in the Office of Nuclear Reactor Regulation (NRR), provided opening remarks. Mr. Beall then introduced Nanette Valliere, Bill Reckley, and Jordan Hoellman from NRR, and Paul Harris, Brad Baxter, and Juris Jauntirans from the Office of Nuclear Security and Incident Response. Mr. Beall then advised participants on the features of the teleconference platform and how to ask questions.

Following Mr. Beall, Mr. Reckley presented on the Part 53 rulemaking schedule and licensing frameworks. Mr. Reckley then presented on Subparts A - E and G of Framework A. Following Mr. Reckley, Ms. Valliere presented on Subpart H of Framework A. Mr. Reckley then presented on Subpart I of Framework A. Mr. Hoellman then presented on Subpart J of Framework A. Following Mr. Hoellman, Ms. Valliere presented on Subpart K of Framework A. Following Ms. Valliere, Mr. Harris presented on Part 26, and Mr. Jauntirans and Mr.

Baxter presented on §§ 73.110 and 73.120, respectively. Following each segment of the NRC staff presentations, the floor was opened to the public to provide feedback on the topics discussed.

Mr. Beall and Mr. Lynch made brief closing remarks, including noting future public meetings, providing contact information for participants to use to provide input on topics of discussion in future Part 53 public meetings, identifying the regulations.gov docket number for submitting public comments, and noting that participants in the public meeting can submit feedback to improve the structure of future public meetings.

Public Participation Themes:

Stakeholders raised questions and provided recommended changes related to the preliminary proposed rule language. Topics of discussion are listed below and grouped by agenda item. This is a high-level summary and not an exhaustive list of topics discussed during the meeting.

Subpart A - General Provisions

  • A stakeholder expressed support for the changes made to the definitions section, particularly the removal of human actions from several definitions.

Subpart B - Technology-Inclusive Safety Requirements

  • A stakeholder noted the 2nd iteration of the consolidated preliminary proposed rule text does address some stakeholder concerns. The stakeholder encouraged NRC staff to consider revising other rule text, including the treatment of ALARA and beyond design basis events. The stakeholder added certain requirements in Subpart F, such as the facility safety program, should be revisited as well.
  • A stakeholder asked why quantitative health objectives (QHOs) for anticipated operational occurrences are needed in the rule, especially when § 53.260 requires meeting dose requirements under Part 20.
  • A stakeholder said that § 53.220 used the terms near and in the vicinity of and asked whether these two terms would be defined in the rule.
  • A stakeholder asked if the QHOs are evaluated on a plant or reactor basis.

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Subpart C - Design and Analysis Requirements

  • A stakeholder asked why human actions was deleted in some instances but retained in others.
  • A stakeholder asked whether applicants will be expected to identify very unlikely event sequences and analyze them. The stakeholder said that, by definition, these event sequences are unknowable, and so there will be very unlikely event sequences that cannot be predicted or analyzed.

Subpart G - Decommissioning Requirements

  • A stakeholder said that §§ 53.1020 and 53.1030 seem to contain duplicative language.

Subpart H - Licenses, Certifications, and Approvals

  • A stakeholder asked whether new language in § 53.1309(a)(4) was taken from Appendix E to Part 50.

Subpart I - Maintaining and Revising Licensing Basis Information

  • A stakeholder noted a statement in § 53.1565(d)(1)(i) is confusing and may contain a typo. Specifically, the sentence states Changes to the quality assurance program description that do not reduce the commitments must be submitted to the NRC.

Action Items/Next Steps:

The NRC staff will continue to announce public meetings to discuss and receive feedback on various regulatory topics and preliminary proposed rule text. In advance of a future public meeting, any preliminary proposed rule text will be posted on www.regulations.gov under docket ID NRC-2019-0062.

Public meeting participants were encouraged to email any comments from issues raised during the public meeting to either Robert Beall at Robert.Beall@nrc.gov or Nanette Valliere at Nanette.Valliere@nrc.gov.

Attachments:

  • Preliminary Rule Language Documents for the Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors (Part 53) Rulemaking - ML20289A534
  • 2nd Iteration Consolidated Preliminary Rule Language for the Part 53 Rulemaking -

Subparts A through K, plus 10 CFR Parts 26 and 73 - ML22125A000 3