Text

Advanced Reactors Stakeholders Meeting 08/18/2022
	ML22229A562
Person / Time
Issue date:	08/18/2022
From:	; Office of Nuclear Reactor Regulation
To:	;
	Pitter S
References
	10 CFR Part 53, NRC-2019-0062, RIN 3150-AK31
	Download: ML22229A562 (46)
	v • d • e

1 Advanced ReactorStakeholderPublic Meeting August 18, 2022 Microsoft Teams Meeting Bridgeline: 301-576-2978 Conference ID: 951 216 02#

2 Part 53 Rulemaking Process (Steve Lynch)

Time Agenda Speaker 10:00 - 10:15 am Opening Remarks/ Adv. Rx Integrated Schedule (Shelley Pitter - Logistics, Steve Lynch)

NRC 10:15 - 10:30 am Population-Related Siting Considerations for Advanced Reactors (next steps, including NRC path forward, role(s) for stakeholders)

(Steve Lynch)

NRC 10:30 - 11:00 am Part 53 Update: Status and Path Forward (Steve Lynch)

NRC 11:00 am - 12:00 pm Part 53 - Stakeholder Perspectives (TBD)

Stakeholders 12:00 - 1:00 pm Lunch Break All 1:00 - 1:45 pm IAEA Safeguards, the Additional Protocol, and its reporting requirements (Eduardo Sastre Fuente)

NRC 1:45 - 2:30 pm Technology Inclusive Risk Informed Change Evaluation (TIRICE) Guidance (Michael Tschiltz)

Southern Company 2:30 - 2:35 pm Future Meeting Planning and Concluding Remarks All

3 https://www.nrc.gov/reactors/new-reactors/advanced/integrated-review-schedule.html

4 Population-Related Siting Considerations for Advanced Reactors (next steps, including NRC path forward, role(s) for stakeholders)

(Steven Lynch)

Population-Related Siting Considerations Steven Lynch, Chief Advanced Reactor Policy Branch

Commission Direction

In Staff Requirements Memorandum (SRM)-SECY-20-0045, the Commission approved the staffs recommendation to revise the guidance in Regulatory Guide (RG) 4.7, General Site Suitability Criteria for Nuclear Power Stations related to implementation of Title 10 of the Code of Federal Regulations Part 100, Section 100.21(h).

o The SRM also states: With respect to the traditional dose assessment approach, the staff should provide appropriate guidance on assessing defense-in-depth adequacy and establishing hypothetical major accidents to evaluate.

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Proposed Path Forward

The NRC staff are working on both a focused update to RG 4.7 and Volume 2 of the Advanced Reactor Content of Application Project

Development of guidance will consider design approaches using the Licensing Modernization Project approach, as well as others following more traditional analysis approaches

These guidance documents would include details for assessing population density out to a distance equal to twice the distance at which a hypothetical individual could receive a calculated dose of 1 rem over a period of 1 month from the release of radionuclides following postulated accidents.

The NRC staff currently estimate that guidance updates will be complete by 2024 7

8 Part 53 Update: Status and Path Forward (Steven Lynch)

Part 53 Rulemaking Status and Consideration of Feedback Steven Lynch, Chief Advanced Reactor Policy Branch

RULEMAKING STATUS Stakeholder Engagement o 21 public meetings, 2 Commission Meetings, and 18 ACRS meetings o Recent: 5/25 public meeting on Framework A, 6/11 public meeting on Framework B, 6/30 stakeholder meeting on stakeholder feedback and Subpart F, 7/28 public meeting on Framework B and key technical topics o Future: October ACRS Subcommittee Meeting on integrated rulemaking, November ACRS Full Committee Meeting Focus Areas o Finalize rule language o Develop rule package (SOCs, regulatory analysis, etc.)

o Develop guidance Industry Input o Over 1500 public comments received Rule Language o 2021: definitions (A), safety criteria (B), design and analyses (C), siting (D), construction/manufacturing (E),

operations and programs (F), decommissioning (G),

licensing processes (H), maintenance of the licensing basis (I), reporting (J), security, access authorization, FFD, traditional alternatives.

o 2022: consolidated rule package (Feb.), 2nd iteration Framework A (May, June), 1st iteration Framework B (June), updated consolidated rule package with statements of consideration (September)

11 Feb 2023 Draft Proposed Rule to Commission Jun 2023 Publish Proposed Rule and Draft Key Guidance Oct 2023 Public Comment Period - 60 days Dec 2024 Draft Final Rule to Commission Apr 2025-Jun 2025 Office of Management and Budget and Office of the Federal Register Processing Jul 2025 Publish Final Rule and Key Guidance Nov 2023-Nov 2024 Public Outreach and Generation of Final Rule Package CURRENT PART 53 TIMELINE Oct 2020-Aug 2022 Public Outreach, ACRS Interactions and Generation of Proposed Rule Package

Continued Consideration of Stakeholder Feedback on Part 53 Framework B Safety functions from Framework A should be employed in Framework B.

Framework B should have its own set of siting requirements and should not rely on Part 100 Framework B should incorporate a RIPB alternative for seismic design requirements.

The draft requirements for fire protection in Framework B need to be more performance-based.

Referencing 10 CFR 50.155 (mitigation of beyond design-basis events (BDBE)) could be a challenge in Framework B because these requirements are not technology-inclusive.

Use of Generally Licensed Reactor Operators (GLROs) should be permitted in Framework B.

Linked probabilistic risk assessment requirements in 10 CFR 50.44 (combustible gas control) could be a challenge for an Alternative Evaluation of Risk Insights (AERI).

The proposed requirements in 10 CFR 53.4730(a)(12) [from the Three Mile Island requirements in 10 CFR 50.34(f)] are not technology-inclusive.

13 IAEA Safeguards, the Additional Protocol, and its reporting requirements (Eduardo Sastre Fuente)

Implementation of IAEA Safeguards within the United States Material Control and Accounting Branch U.S. Nuclear Regulatory Commission (NRC) 14

History

The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) requires non-nuclear weapon states to accept IAEA safeguards on all source and special nuclear material in all peaceful nuclear activities

- The United States, as one of five nuclear-weapon states, or P5, was not obligated to conclude a safeguards agreement with the IAEA

Since the early 1960s the U.S. has permitted the application of IAEA safeguards on a variety of nuclear facilities 15 NPT Signing, 1968 NPT RevCon, 2010

Overview of U.S.-IAEA Agreements U.S. - IAEA Safeguards Agreement (INFCIRC/288)

- The U.S. Voluntary Offer Agreement

- Entry Into Force 1980 Protocol to the U.S. - IAEA Safeguards Agreement (INFCIRC/288)

- The Reporting Protocol

- Entry Into Force 1980 Protocol Additional to the U.S. - IAEA Safeguards Agreement (INFCIRC/288 Add.1)

- The Additional Protocol

- Entry Into Force 2009 U.S.-IAEA Caribbean Territories Safeguards Agreement (INFCIRC/366)

- Includes a Small Quantities Protocol

- Entry Into Force 1989

- Modified Small Quantities Protocol - Entry Into Force 2018 16

17

Atomic Energy Act of 1954, as amended

-Primary U. S. law on nuclear energy to... promote world peace, improve the general welfare, increase the standard of living and strengthen free competition in private enterprise.

Energy Reorganization Act of 1974

-Established the United States Nuclear Regulatory Commission and Energy Research and Development Administration (eventually the Department of Energy)

Nuclear Nonproliferation Action of 1978

-Establish a more effective framework for international cooperation on peaceful nuclear activities

-Codifies support to the IAEA

Title 10 of the Code of Federal Regulations Part 75

-Requires NRC licensees to comply with U.S. obligations to the IAEA Applicable U.S. Laws and Regulations

U.S. Government Oversight 18 Subgroup on IAEA Safeguards in the U.S.

(SISUS)

Subcommittee on International Safeguards and Monitoring (SISM)

IAEA Steering Committee (ISC)

Sub-IPC

Chaired by the National Security Council (NSC)

Sub-IPC

Chaired by the National Security Council (NSC)

Nonproliferation Interagency Policy Committee (IPC)

Chaired by the NSC Nonproliferation Interagency Policy Committee (IPC)

Chaired by the NSC Defined in Federal Register Implementation Implementation Policy Policy

Who Implements in the U.S.?

Who are the Players?

19 U.S. Nuclear Regulatory Commission

chair Department of Commerce Department of State Department of Defense Department of Energy SISUS Committee

U.S. Voluntary Offer Agreement

- Based on INFCIRC/153

- Selection-based approach to safeguards

Eligible Facilities List (EFL)

- National Security Exclusion

- Includes all typical safeguards activities including inspections, completion of Design Information Questionnaire (DIQ) and Design Information Verification (DIV), sampling, technical visits, etc

- Allows for the application of safeguards in a manner similar to that of non-nuclear weapon states (NNWS) 20

U.S. Voluntary Offer Agreement (VOA) -

Reporting Protocol

- Allows for limited safeguards activities to be performed at facilities with minimal cost to the IAEA

Unique to the United States

- Includes activities such as completion of DIQs and DIVs

- Monthly and annual material accountancy reports (e.g.,

Physical Inventory Listing (PIL), Inventory Change Report (ICR), etc)

- 4 sites (all NRC licensees) currently selected under this Protocol

- NO INSPECTIONS 21

U.S. VOA or Comprehensive Safeguards Agreement (CSA) 22 U.S. VOA Comprehensive Safeguards Selection-based approach based on the Eligible Facilities List Safeguards are applied on all nuclear material in the territory (all facilities)

Completion of Design Information Questionnaire and Design Information Verification Completion of Design Information Questionnaire and Design Information Verification Monthly and annual material accountancy reports (e.g., Physical Inventory Listing (PIL), Inventory Change Report (ICR), etc.)

Monthly and annual material accountancy reports (e.g., Physical Inventory Listing (PIL), Inventory Change Report (ICR), etc.)

Inspections at selected facilities under full scope safeguards (one in the U.S.)

Inspections at all facilities National Security Exclusion No Exclusions

Eligible Facilities List (EFL)

Two portions of the U.S. EFL

- DOE facilities (non-public)

- NRC facilities (public)

http://www.nrc.gov/about-nrc/ip/intl-safeguards.html

~300 facilities on EFL

- Facility is formally defined by the IAEA

- Facilities removed when decommissioned (per IAEAs definition)

- Locations Outside Facilities (LOFs) not included on EFL

Updated annually

Updates are vetted through the U.S.

Government

- Security evaluation to remove anything of direct national security significance 23 SISUS Committee Selection Since 1981, the IAEA has selected 21 facilities from the EFL

Implementation Contd.

After the facility has been notified of selection, the following documents are completed:

- Design Information Questionnaire (DIQ)

- Facility Attachment

U.S. and IAEA negotiate terms of implementation 24 Selection

Present

- K-Area Material Storage (KAMS) at Savannah River Site (SRS)

Only facility currently under routine inspections by the IAEA

Incorporates remote monitoring

Allow for installation of IAEA equipment

Reporting

- Westinghouse Fuel Fab. Facility (Columbia, SC)

- Framatome Fuel Fab. Facility (Richland, WA)

- Global Nuclear Fuel - Americas Fuel Fab. Facility (Wilmington, NC)

- URENCO USA Gas Centrifuge Enrichment Plant (Eunice, NM) 25 Reporting ONLY, NO INSPECTIONS Reporting AND Inspections

Flow of Information through NMMSS (Nuclear Materials Management & Safeguards System) 26 U.S.

Department of State U.S. Nuclear Regulatory Commission U.S.

Department of Energy U.S.

Department of Commerce Facilities NMMSS Industry

U.S. Additional Protocol (AP) 2009 - Present

- Signed in 1998, entry into force 2009

- Provides the IAEA with additional information and access rights on nuclear fuel cycle related activities

- Contains a national security exclusion

- Locations and Sites must submit:

Annual updates

Quarterly export reports

- The U.S. AP applies to everyone within the U.S.

Excluding anything of national security significance

No selection is required 27 www.AP.gov

Reporting Requirements

Annual reporting requirements (10 CFR 75.6)

- (2.a.i) Nuclear fuel cycle research and development (15 CFR 781)

Approximately 75% of the total number of U.S. declarations are 2.a.i. declarations

- (2.a.iii) Site declaration including description of activities

Only relevant for facilities that are currently or have previously been selected for IAEA safeguards

Not applicable to a vast majority of the industry

- (2.a.iv) Nuclear fuel cycle related manufacturing and assembly (15 CFR 781)

Annex I items from the U.S. Additional Protocol

- (2.a.v) Uranium and thorium mines, mills, and concentration plants

- (2.a.vi) Possession of large quantities of impure source material (15 CFR 781)

Source material that is not yet suitable for fuel fabrication or enrichment

- (2.a.x) Ten year plan

Input is not requested from the industry

Quarterly reporting requirements [10 CFR 110.54(a)(1)]

- (2.a.ix) Exports of Annex II items

Nuclear Fuel Cycle Research and Development

The R&D activities captured by AP are those are funded either by the U.S. Government or privately. (15 CFR 783.1(a)(1))

Reportable privately funded R&D activities:

- Enrichment,

- Reprocessing of nuclear fuel or

- Processing of intermediate or high-level waste containing plutonium, high enriched uranium or uranium-233

Reportable U.S. Government funded R&D specifically related to:

- Conversion of nuclear material

- Enrichment of nuclear material

- Nuclear fuel fabrication

- Reactors

- Critical facilities

- Reprocessing of nuclear fuel

- Processing of intermediate or high level waste containing plutonium and/or high enriched uranium.

Snapshot of Licensees Who Report Under the U.S. APand many more!

30 Additional Protocol

Quarterly Export Reports Explained (2.a.ix)

For licensees using NRC general or specific license authorizations for exports of specified equipment and non-nuclear material as listed in Annex II of the Additional Protocol

This reporting requirement is also reflected in 10 CFR Part 110.54(a)(1) for Agreement State licensees.

Most NRC licensees should report as a location using AP-13 found on www.AP.gov, to report directly to Department of Commerce, Bureau of Industry and Security (BIS) every quarter (forms are joint DOC/NRC forms).

Quarterly deadlines to BIS are: January 15, April 15, July 15, and October 15 of each year Exporters shall follow 10 CFR 110.54(c) for reporting items exported under Part 110.26 (General License)

Additional Protocol Reporting Process

Information is sent to DOC by Jan 31st

- Can be sent via facsimile, mail, or email

NRC receives licensees forms from DOC and performs a review

NRC compiles data and submits a report to DOC for inclusion in the overall U.S.

Government declaration

U.S. declaration must sit before Congress for a 60 day review period (for annual report only) 32

Additional Protocol Webpage

The Department of Commerce manages a webpage that contains the handbooks and forms for the U.S. Additional Protocol

- Handbooks and forms are joint use for both DOC and NRC

- The majority of companies use the Report Handbook for Locations.

Assistance in determining your obligations (15 CFR 782.4)

- apdr@bis.doc.gov

- Santiago.Aguilar@nrc.gov http://www.AP.gov 33

Additional Protocol Webpage 34

Additional Protocol Webpage 35

Complementary Access (CA)

Complementary access is an essential aspect of the IAEAs expanded authorities

Complementary access allows the IAEA to:

- Verify the absence of undeclared nuclear materials and activities

- Resolve a question or inconsistency

Access for IAEA with 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months advance notice

- 2 hours2.314815e-5 days 5.555556e-4 hours 3.306878e-6 weeks 7.61e-7 months if IAEA is already onsite

CAs are rare in the U.S.

Only 2 CAs have been conducted in the U.S. (2010)

- AREVA Inc., Fuel Fabrication Facility (Lynchburg, VA)

- Global Advanced Metals (Boyertown, PA) 36

NRC Points of Contact 37

Please ask questions early and often!

- NRC - Office of Nuclear Material Safety and Safeguards (NMSS); Material Control and Accounting Branch (MCAB)

Eduardo Sastre Eduardo.Sastre@nrc.gov

Santiago Aguilar Santiago.Aguilar@nrc.gov

Oleg Bukharin Oleg.Bukharin@nrc.gov

James Rubenstone James.Rubenstone@nrc.gov

- Department of Commerce, Treaty Compliance Division, Bureau of Industry and Security, U.S. Department of Commerce

Hung Ly Hung.Ly@bis.doc.gov

Additional resource:

- http://www.nrc.gov/about-nrc/ip/intl-safeguards.html

38 Questions?

39 Technology Inclusive Risk Informed Change Evaluation (TIRICE) Guidance (Michael Tschiltz)

40 August 18, 2022 Mike Tschiltz Consultant to Southern Company Technology-Inclusive Risk-Informed Change Evaluation (TIRICE) for Facilities Utilizing NEI 18-04 (Methodology) and NEI 21-07 (Content of Application) guidance NRC Advanced Reactor Stakeholder Meeting

41

-Project Overview

-Objectives

-Schedule

-Questions Topics

42 Project Overview, Objectives and Schedule The TIRICE project builds upon the work accomplished by LMP(NEI 18-04) and TICAP (NEI 21-07) to create guidance for evaluating changes to the facility as described in the UFSAR for those licensees that have used these guidance documents.

Advanced non-LWRs may elect to follow NEI 18-04 for selection of licensing basis events; safety classification of structures, systems, and components and associated special treatments; and determination of Defense-in-Depth (DID) adequacy.

The resulting LMP-based affirmative safety case is substantially different from the traditional deterministic, compliance-based safety cases in place for LWRs licensed by the NRC.

During development of TICAP guidance it became clear that there is a need to develop technology-inclusive, risk-informed, performance-based guidance for evaluating changes to a facility as described in the Updated Final Safety Analysis Report (UFSAR) (10 CFR 50.59).

The attributes of the LMP-based affirmative safety case require additional guidance for efficient application of an alternative change evaluation process.

The proposed change evaluation process would be invoked through a license condition in combination with an exemption to 10 CFR 50.59.

43 The project will develop guidance for a change evaluation process for reactors that are licensed under 10 CFR Part 50 or 52 that utilize NEI 18-04 to develop safety case and NEI 21-07 guidance to determine application content.

The objectives of the guidance are to:

Establish a process and criteria for evaluating changes to the facility as described in the final safety analysis report and determine which changes can be implemented without prior NRC approval Ensure that the changes that require NRC prior approval are properly identified Minimize the unnecessary burden to the regulator and operators Project Overview, Objectives and Schedule

44

Overall project schedule

- Develop Draft Guidance document to be provided for the NRC for review in August 22

- NRC review and endorsement FY23

Develop Project Plan and establish Project Team (Dec 21-Jan 22) complete

Develop Scope and Process papers (Feb-Mar 22) complete Utilized as inputs to white paper

Develop White Paper (Apr-July 22) complete

- Identify specific steps to be performed during the change evaluation process

- Summarize efforts to date and obtain ARRTF feedback

- Provide draft white paper to NRC for review

- Meeting with NRC to obtain staff feedback

- Revise white paper in support of Table Top exercises

- Utilize white paper in performing Table Top exercises

Develop Table Top Guidelines and Objectives (Apr June 22) complete Project Overview, Objectives and Schedule

45

Develop Annotated Outline for Guidance (Apr - Jul) complete

Conduct Tabletop Exercises (Jun - Jul) complete

Conduct Table Tops with 2 Advanced Reactor Developers

Obtain NRC observations from Table Tops

Develop Lessons Learned and incorporate into Draft Guidance document

Develop Southern Co. Draft Guidance document (Jul - Aug) ongoing

ARRTF review of Draft Guidance

Address ARRTF comments provide revised Draft Guidance to ARRTF

NRC review of Draft Guidance

Revise Draft Guidance to address NRC comments and provide to ARRTF and NRC

Convert to NEI document and submit for NRC review/endorsement (Sep 22-FY23)

ARRTF review of draft NEI guidance Project Overview, Objectives and Schedule

46 Questions Thank you for your time and attention

ML22229A562

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