ML22264A295
| ML22264A295 | |
| Person / Time | |
|---|---|
| Issue date: | 09/27/2022 |
| From: | Mirabelle Shoemaker NRC/NMSS/DFM/MCAB |
| To: | Shana Helton Division of Fuel Management |
| MSHOEMAKER NMSS/DFM/MCAB 3014157363 | |
| References | |
| Download: ML22264A295 (5) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 27, 2022 MEMORANDUM TO: Shana Helton, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards THRU:
James Rubenstone, Chief Material Control and Accounting Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards FROM:
Mirabelle Shoemaker, International Safeguards Analyst Material Control and Accounting Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards
SUBJECT:
SUMMARY
OF THE JUNE 22, 2022, VIRTUAL PUBLIC MEETING WITH THE NUCLEAR MATERIALS MANAGEMENT AND SAFEGUARDS SYSTEM (NMMSS) USER COMMUNITY On June 22, 2022, the U.S. Nuclear Regulation Commission (NRC) staff conducted a virtual public meeting with representatives from Nuclear Energy Institute (NEI), nuclear industry and members of the public. Representatives from the Department of Energy (DOE) and DOE/National Nuclear Security Administration (NNSA) were also in attendance. The purpose of this meeting was to engage the broader NMMSS Users Community following an inquiry from NEI regarding the process for reporting foreign obligated low enriched uranium (LEU) that is greater than 5%
enriched, but less than 10%. The public meeting notice and the NRCs presentation are available in the (Agencywide Documents Access and Management System (ADAMS) under Accession Nos. ML22140A002 and ML22172A069), respectively. NEI also gave a presentation that is available via ADAMS, ML22174A282. The enclosure to this document contains the meeting attendance list. The NRC staff made no regulatory decisions or commitments during the meeting.
CONTACT:
Mirabelle Shoemaker, NMSS/DFM 301-415-7363 Signed by Rubenstone, James on 09/27/22 Signed by Shoemaker, Mirabelle on 09/27/22
S. Helton 2
Discussion The meeting promoted an open dialogue with representatives from NEI, the nuclear industry, and members of the public. There were 67 attendees including the NRC staff. The NRC staff opened the meeting with a presentation that identified: the requirements for reporting foreign obligations on nuclear material as expressed in the relevant reporting guidance documents (NUREG/BR-0006 and NUREG/BR-0007); the question raised by NEI and industry regarding obligation exchanges from blending low-enriched uranium (LEU) of different reporting material types, and the process for requesting prior U.S. Government approval for foreign obligation exchanges that do not meet the like-for-like criteria identified in Appendix F of NUREG/BR-0006. The NRC staff presentation also explained the proposed solution, developed by NRC through the U.S.
government interagency process, for licensees to seek a one-time prior approval to assign foreign obligations on quantities of low enriched uranium, enriched above 5% but less than 10%.
In the presentation, NRC expressed that it is seeking input from licensees regarding the impact of the proposed interagency solution as well as feedback regarding NEIs proposed redefining of the categories for reporting low enriched uranium so that the material type E1 (currently uranium enriched to less than 5%) includes uranium up to 10% enrichment.
An opportunity for public comment and discussion followed the NRC presentation, during which the following points were raised:
NEI expressed that it favors modification of the definitions for the E1 and E2 material types rather than use of the one-time request for prior approval, as proposed by the interagency. NEI stated that its approach would provide a better long-term resolution of the question.
NEI inquired as to the interagency views regarding redefining the E1 material type to include material enriched up to 10%. NRC expressed that redefining the material types involves both technical and policy aspects, as well as consideration of the time and resources needed to implement such a change (e.g., changes to the NMMSS system to accommodate the new categorization, and revision of the guidance documents).
DOE/NNSA confirmed that there are policy-related reservations about redefining the material types, including a need for coordination with U.S. nuclear trading partners who supply the obligated material.
Federal project managers for NMMSS clarified that the program is responsible for implementing policy and will make modifications to the system when it is mandated to do so. The NMMSS managers noted that any changes should be implemented uniformly at a single time, as they would impact reporting by U.S. government sites as well as commercial industry licensees.
NEI inquired which licensees outside of the fuel cycle possess material that is enriched between 5% and 10% and would therefore be burdened to modify their reporting if the boundary between E1 and E2 material was changed. The NRC and NMMSS confirmed that specific information about licensees inventories in NMMSS could not be provided during the meeting, as it is official-use-only information, but the types of licensees likely to be affected include, for example, research reactors, greater-than-critical-mass facilities licensed under 10 CFR Part 70, and facilities supporting DOE activities.
S. Helton 3
United States Nuclear Industry Council (USNIC) expressed that the advanced reactors community supports a clear, well-defined process to get a one-time prior approval to support fuel production and supply schedules. USNIC supports removing the subcategories for reporting LEU and treating all LEU as E1 material. This position was also supported by some of the fuel facilities present at the meeting, and later identified as the preferred solution by NEI as the discussion continued. The NRC staff noted that such a change may raise further policy issues as it would allow broader obligation exchanges for materials that approach the high-enriched uranium material type.
Staff from DOE inquired whether the NRC considered the International Atomic Energy Agency (IAEA) INFCIRC/225, Revision 5 for reporting LEU to the IAEA. The NRC clarified that the commitments for foreign obligations accounting are contained within the various nuclear cooperation agreements for international trade and are not defined in the context of the U.S. Safeguards Agreements with the IAEA. The interagency will ensure that any changes to how foreign obligations are reported do not come in conflict with safeguards commitments.
NEI then presented on its request for NRC to redefine the E1 material type to include material enriched up to 10%. NEIs presentation focused on its initial request for this definition change.
NEI further stated that it now supports reclassification of all LEU as E1 material, claiming that this is a more transformational and forward-thinking solution.
A second opportunity for public comment and discussion followed the NEI presentation, during which the following points were raised:
NRC staff sought clarification as to whether the proposed interagency solution alleviated the significant burden of foreign obligations accounting as expressed by NEI in its presentation. NEI confirmed that the proposed solution provides a remedy, but their opinion is that a change to the material type definitions in the NUREGs will provide a clearer, long-term solution.
NRC staff asked NEI to clarify whether the interagency should consider the redefinition of E1 material as up to 10% enrichment, or the elimination of the two material types for all LEU, since NEI appeared to support either change as a viable option. During the discussion, industry stakeholders commented that a one-time modification to the E1 category would be preferable. NEI agreed with this comment. USNIC emphasized their position that all LEU should be reported as a single material code and encouraged the consolidation of the E1 and E2 categories.
Action Items/Next Steps The NRC indicated that additional discussions on this topic were planned with the interagency as it prepares to engage with foreign trading partners this calendar year. The NRC will provide a status of this issue after further engagement with the interagency, following this public meeting.
Enclosure:
List of Attendees
S. Helton 4
SUBJECT:
SUMMARY
OF THE JUNE 22, 2022, VIRTUAL PUBLIC MEETING WITH THE NUCLEAR MATERIALS MANAGEMENT AND SAFEGUARDS SYSTEM (NMMSS)
USER COMMUNITY, DATED September 27, 2022 DISTRIBUTION:
OFFICE NMSS/DFM NMSS/DFM NMSS/DFM NAME MShoemaker JRubenstone MShoemaker DATE 9/26/2022 9/27/2022 9/27/2022 OFFICIAL RECORD COPY
Enclosure LIST OF ATTENDEES JUNE 22, 2022, PUBLIC MEETING WITH THE NUCLEAR FUEL ENERGY INSTITUTE (NEI), THE NUCLEAR FUEL INDUSTRY, AND STAKEHOLDERS TO DISCUSS FOREIGN OBLIGATION REPORTING REQUIREMENTS FOR LOW ENRICHED URANIUM Name Affiliation (as provided)
James Rubenstone Nuclear Regulation Commission (NRC)
Mirabelle Shoemaker NRC Shana Helton NRC Linda Howell NRC Eduardo Sastre NRC Santiago Aguilar NRC Nicolas Mertz NRC Jessica Norles Department of Energy/National Nuclear Security Administration (DOE/NNSA)
Pete Dessaules DOE/NNSA Andrea Jennetta Alexandra Ziegler Nuclear Materials Management and Safeguards System (NMMSS)
Genevieve Weaver NMMSS Amy Biggs DOE Edward Love Pacific Northwest National Lab (PNNL)
Robert Oelrich PNNL Nima Ashkeboussi NEI Darryl Gunther Westinghouse Michael Wilbricht Framatome Julie Hawkins GE Janet Schlueter NEI Ali Tabatabai NMMSS Barry Cooney Mick Mastilovic DOE Eris Speights Westinghouse Timothy Tate Framatome Korrie Yetzer Tennessee Valley Authority (TVA)
John Cettin NMMSS Cyril Draffin US Nuclear Industry Council RL Carbo DOE/NNSA Jim Rickman Urenco USA Marty Karr Centrus Energy Carla Roque-Cruz NRC Katie McGivern DOE/NNSA Brian Horn NMMSS Scott Murray GE Diana Diaz Toro NRC
2 Cody Stuchal Erin B. Zendel Centrus Energy Brasi Luca Rebecca Sensabaugh Jackie Harvey NRC Jason Krumenacker Centrus Energy Steven Hazen Westinghouse Catherine Ramsey Savannah River National Lab Devin Tiernan GE John L Talbert Centrus Energy Carla Borrelli TVA Fred Schofer NRC Melanie May DOE Haylie Lobeck DOE/NNSA Suzanne Ani NRC Christopher Bunting DOE Donna Hutchinson NMMSS David Brown NRC
- Not all meeting attendees were identified by name, in some cases the only identifying information available was a first name or a phone number.