ML22237A156

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Response to NEI Ltr J. Uhle to M. Gavrilas Feedback on 2022 Public Mtgs on Options for Potential Codification of Post-Sep11 2001 Security Requirements Issued to NRC Licensees
ML22237A156
Person / Time
Issue date: 09/12/2022
From: Mirela Gavrilas
NRC/NSIR/DPCP/MSB
To: Uhle J
Nuclear Energy Institute
Kohen M
References
Download: ML22237A156 (3)


Text

Dr. Jennifer Uhle Vice President, Generation and Suppliers Nuclear Energy Institute 1201 F Street, NW, Suite 1100 Washington, DC 20004

SUBJECT:

FEEDBACK ON APRIL 19, MAY 24, AND JUNE 1, 2022, PUBLIC MEETINGS ON OPTIONS FOR POTENTIAL CODIFICATION OF POST-SEPTEMBER 11, 2001, SECURITY REQUIREMENTS ISSUED TO NRC LICENSEES (SECY-19-0095 AND SECY-19-0100; SRMS DATED AUGUST 4, 2021)

Dear Dr. Uhle:

Thank you for your July 1, 2022, letter regarding the U.S. Nuclear Regulatory Commission (NRC) staffs development of a notation vote paper as directed by the Commission in Staff Requirements Memorandum (SRM)-SECY-21-0095, Discontinuation of Rulemaking -

Enhanced Security of Special Nuclear Material, dated August 4, 2021 (Agencywide Documents Access and Management System Accession No. ML21217A065). In this SRM, the Commission directed the staff to provide a full range of options regarding the scope of the rule and the potential regulatory, resource, and timing impacts of those options.

As we conveyed during public meetings on April 19 and June 1, 2022, the staff agrees that the existing regulatory framework currently provides reasonable assurance of adequate protection for all our licensees. The staff plans to present options to the Commission addressing topics that emerged since publication of the 2015 regulatory basis document Rulemaking for Enhanced Security of Special Nuclear Material (ML14321A007). Among those topics are the sufficiency of the existing framework for proposed advanced reactor fuels, specifically those using high assay low-enriched uranium, and the consideration of requirements for spent nuclear fuel.

The April and June public meetings were largely intended to identify additional information that the staff should consider in developing options in response to the Commissions SRM. The staff recognizes the importance of Section 104(c) of the Atomic Energy Act of 1954, as amended, and is exploring alternatives that minimize the regulatory impacts of any proposed options on the research and test reactor community.

We have benefitted from your and other external stakeholders perspectives, including those raised in your July 1, 2022, letter, and we welcome continuing dialogue regarding the options September 12, 2022

J. Uhle that the NRC staff will put forward to the Commission. If the Commission directs the staff to proceed on a rulemaking path, the staff looks forward to working with you and other stakeholders more closely during that phase of the rulemaking process.

Sincerely, Mirela Gavrilas, Director Office of Nuclear Security and Incident Response Signed by Gavrilas, Mirela on 09/12/22

Memo ML22237A156 OFFICE NSIR NMSS/REFS NRR/DANU NMSS/DFM NAME MKohen CRegan MShams SHelton DATE Aug 25, 2022 Sep 2, 2022 Aug 26, 2022 Sep 7, 2022 OFFICE NSIR/DPCP/RSB NSIR NAME MSampson MGavrilas DATE Aug 25, 2022 Sep 12, 2022