ML22222A023
| ML22222A023 | |
| Person / Time | |
|---|---|
| Issue date: | 08/07/2022 |
| From: | Robert Beall NRC/NMSS/DREFS/RRPB |
| To: | |
| Beall, Robert | |
| References | |
| 10 CFR Part 53, NRC-2019-0062, RIN 3150-AK31 | |
| Download: ML22222A023 (4) | |
Text
1 U.S. Nuclear Regulatory Commission Public Meeting Summary August 7, 2022
Title:
Public Meeting to Discuss the Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking Meeting Identifier: 20220574 Date of Meeting: June 16, 2022 Location: Hybrid - Webinar, Conference Room T2-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 June 16, 2022, public meeting, the NRC released the consolidated Part 53 preliminary proposed rule language for Framework B. This document was made available to the public in ADAMS under accession number ML22145A000. In addition, the NRC released two pre-decisional draft regulatory guides, DG-1413, Technology-Inclusive Identification of Licensing Events for Commercial Nuclear Plants, and DG-1414, Alternative Evaluation for Risk Insights (AERI) Framework, to accompany Framework B. These documents were made available to the public in ADAMS under accession numbers ML22146A045 and ML22146A041, respectively. The NRC also released a white paper to support public discussions on the development of Framework B. This document was made available to the public in ADAMS under accession number ML22160A039.
The meeting was attended by approximately 145 people participating through webinar, audio teleconferencing, and in-person.
Summary of Presentations:
Robert Beall, Rulemaking Project Manager in the NRCs Office of Nuclear Material Safety and Safeguards, opened the meeting and introduced himself as the NRC Project Manager for the Part 53 rulemaking and the meeting facilitator. Following Mr. Beall, Robert Taylor, Deputy Office Director for New Reactors in the Office of Nuclear Reactor Regulation,
2 provided opening remarks. Mr. Beall then introduced Bill Jessup, Marty Stutzke, Charles Moulton, and Boyce Travis from the Office of Nuclear Reactor Regulation.
Mr. Beall then noted that this meeting is a comment gathering public meeting and advised participants on the features of the teleconference platform and how to ask questions. Mr.
Beall then noted that no regulatory decisions would be made at the meeting.
Following Mr. Beall, Mr. Jessup, Mr. Moulton, and Mr. Travis presented on Part 53 preliminary proposed rule language for Framework B. Mr. Stutzke then presented on the Alternative Evaluation for Risk Insights (AERI) and the related pre-decisional draft regulatory guides. Following Mr. Stutzke, Mr. Jessup presented on guidance related to Framework B and the merger of Frameworks A and B. Following the presentations, the floor was open to the public to provide feedback on the topics discussed in the presentation.
Mr. Beall then 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:
Key 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.
Framework B Stakeholders questioned whether Framework B is performance-based and suggested that prescriptive elements within Framework B be moved to guidance or be made more performance based.
A stakeholder emphasized the importance of having different options for the use of PRA without losing the performance-based aspect of the regulation. The stakeholder noted that applicants should be allowed the flexibility to pick among the available methods.
A stakeholder suggested that, in Framework B, PRA should be replaced with a fault tree tool. The stakeholder recommended that the fault tree tool be used to identify a more performance-based option.
A stakeholder noted that the NRC staff is conflating risk-informed with performance-based, but the concepts are separate.
A stakeholder said that NEIMA includes a caveat of where appropriate, allowing NRC to decide where the use of risk-informed, performance-based regulation is appropriate.
The stakeholder noted that risk-informed, performance-based regulation is not appropriate in cases where applicants do not have a PRA.
AERI A stakeholder asked about the assumptions used in deriving the AERI entry criterion, specifically whether there was some design dependence built into the power law
3 assumption. The stakeholder also said some assumptions seem to be dependent on the design and methodology used.
A stakeholder noted confusion about the difference between a bounding event and severe accident in the context of AERI.
A stakeholder asked if AERI applicants can propose alternative methods.
A stakeholder asked about the underlying dose metric used in meeting QHOs.
A stakeholder said the derivation of the AERI entry conditions is conservative and asked why 10 miles is used in the calculation.
A stakeholder suggested simplifying AERI by using a single directional data set of weather.
A stakeholder asked for clarification on using a conditional risk with a frequency of once per reactor year.
A stakeholder said the AERI entry criterion is too complicated and should be more flexible, allowing applicants to figure out how to meet the entry criterion. The stakeholder recommended that QHOs should not be involved in the calculation.
A stakeholder asked if the AERI consequence-based criteria are consistent with the maximum hypothetical accident consequence criteria of non-power reactors, which do not typically require a PRA.
A stakeholder said the assumed frequency of once per reactor year is an impossible assumption because if there is core damage, that cannot happen every year. The stakeholder asked NRC staff to consider this point.
Other Comments A stakeholder requested the NRC host workshops to facilitate more engagement between the NRC staff and stakeholders, specifically about performance-based regulation under Framework B.
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.
Attachments:
Meeting Agenda - ML22152A044 Meeting Presentation Slides - ML22165A114 Meeting Transcript - ML22179A011 Consolidated Preliminary Proposed Rule Language for the Part 53 Rulemaking -
Framework B, Subparts N through U - ML22145A000 Technology-Inclusive Identification of Licensing Events for Commercial Nuclear Plants -
Preliminary Draft Regulatory Guide DG-1413 - ML22146A045 Alternative Evaluation for Risk Insights (AERI) Framework - Preliminary Draft Regulatory Guide DG-1414 - ML22146A041
4 Framework B Development Process and Provisions White Paper with Requirements Crosswalk and Applications Table - ML22160A039