ML22342B163

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NRC Staff Presentation on the Regulatory Basis for Changes to Reporting Requirements for Nonemergency Events at Nuclear Power Plants
ML22342B163
Person / Time
Issue date: 12/13/2022
From: Mark King
Office of Nuclear Reactor Regulation
To:
References
NRC-2020-0036
Download: ML22342B163 (21)


Text

Public Meeting:

Regulatory Basis for Changes to Reporting Requirements for Nonemergency Events at Nuclear Power Plants December 13, 2022 ADAMS Accession No. ML22342B163

Purpose

  • Provide information to facilitate stakeholders' comments on the Regulatory Basis for Changes to Reporting Requirements for Nonemergency Events at Nuclear Power Plants
  • The NRC is not collecting comments on the regulatory basis during this meeting, rather we will describe how to submit comments.

2

Agenda

  • Welcome and Logistics
  • Opening Remarks
  • Background and Status
  • Overview of the Regulatory Basis
  • Questions and Discussion
  • Preparing and Submitting Comments
  • Adjourn / Closing 3

Logistics

  • This meeting is being recorded
  • During Questions and Discussion periods, please indicate your desire to speak by using the Raise Hand button in Teams (or press *5 if participating by phone)
  • Once your name has been called by the facilitator, you will need to unmute yourself (press *6 if participating by phone)
  • Chat feature is also enabled
  • Presentation slides shown on the Microsoft Teams screen and in ADAMS at ML22342B163
  • Phone attendees should e-mail george.tartal@nrc.gov for attendance record 4

Opening Remarks Mike King Deputy Director for Reactor Programs Office of Nuclear Reactor Regulation (NRR) 5

Background and Status

  • In the 1980s, NRC adopted requirements in 10 CFR 50.72(b) for licensees to immediately notify NRC of potentially significant nonemergency events.
  • In 2018, NEI submitted petition requesting removal of the 10 CFR 50.72(b) requirements.
  • In 2021, the Commission directed NRC staff to pursue rulemaking with following restrictions:

- Do not shift responsibility for gathering, verifying, and communicating information on these events from licensees to resident inspectors

- Discontinue rulemaking if not cost-justified or if changes would unacceptably degrade NRCs situational awareness.

6

Background and Status

  • NRC staff developed a regulatory basis evaluating the requirements and guidance for these notifications and assessing whether the requirements present an undue reporting burden.
  • The regulatory basis contains an analysis of whether reporting requirements can be modified or eliminated when they do not have a commensurate safety benefit.
  • The regulatory basis concluded that 6 of the notifications could be eliminated and 2 would benefit from updated guidance.
  • The regulatory basis also concluded that licensees could use an alternative reporting method for submitting nonemergency event notifications.

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Screening Questions

  • Would the NRC still be able to perform its mission without this report?
  • Would eliminating this report degrade the NRCs ability to successfully execute its mission?
  • Would eliminating this report significantly degrade the NRCs ability to track or trend data?
  • Is this report duplicated by another regulation?
  • Is this type of event reportable under 10 CFR 50.73 (Licensee Event Reports), and would that report meet the NRCs needs?

8

Analysis Considerations

  • Impact of report elimination on internal and external communications
  • Reactive inspections connected to event notifications
  • Events reported under multiple criteria
  • Event notifications that are subsequently retracted 9

Overview of Recommendations 10 CFR 50.72 Condition Requiring Notification Recommendation Paragraph (b)(1) Deviation from TS under 10 CFR 50.54(x) No change (b)(2)(i) Plant shutdown required by TS No change (b)(2)(iv)(A) System actuation (ECCS discharge) Eliminate (b)(2)(iv)(B) System actuation (RPS actuation) No change News release or notifications of other (b)(2)(xi) Eliminate government agency (b)(3)(ii)(A) Degraded condition Update NUREG 1022 (b)(3)(ii)(B) Unanalyzed condition Update NUREG 1022 (b)(3)(iv) System actuation (valid or invalid actuation) Eliminate Event or condition that could have (b)(3)(v) Eliminate prevented fulfillment of a safety function (b)(3)(xii) Transport of a contaminated person offsite Eliminate (b)(3)(xiii) Loss of EP capabilities Eliminate (a)(1) Alternative reporting method New 10

Summary of Costs and Benefits Net Benefits (2022 dollars)

Description Undiscounted 7% NPV 3% NPV Industry Net Benefits $4,709,000 $1,981,000 $3,219,000 NRC Net Benefits $6,754,000 $2,789,000 $4,488,000 Total Net Benefits $11,463,000 $4,770,000 $7,707,000

  • Industry benefits - elimination of some reporting requirements, guidance that will reduce event notification withdrawals, and a new voluntary reporting alternative
  • Industry costs - implementation via procedures and training
  • NRC benefits - reduced reviewing, processing, and acting on licensee reports due to fewer reports and the use of automation
  • NRC costs - rulemaking 11

Other Considerations

  • Regulatory efficiency and reliability
  • Environmental impact considerations
  • Small entities
  • Backfitting
  • State/local governments impacts 12

Conclusion

  • Sufficient regulatory basis to proceed with rulemaking
  • Better aligns requirements with current needs
  • Focuses NRC resources
  • Maintains openness
  • Enhances regulatory stability, predictability, and clarity
  • Addresses advances in technology
  • Reduces burden on the NRC and licensees 13

Where to Find Information Go to https://www.regulations.gov and search for docket ID NRC-2020-0036 14

Submitting a comment

  • Ways You Can Submit Comments:

- Regulations.gov: comment form for the regulatory basis on docket NRC-2020-0036 or

- Email: Rulemaking.Comments@nrc.gov or

- Mail: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN:

Rulemakings and Adjudications Staff

  • Frequently Asked Questions (FAQs) on commenting are available at:

https://www.regulations.gov/faq 15

Commenters Checklist on Regulations.gov

  • Available from Regulations.gov at:

https://downloads.regulations.gov

/FS-2018-0053-0007/content.pdf

  • This information is also available from the page for submitting comments on the proposed rule:

https://www.regulations.gov/com menton/NRC-2016-0179-0072 16

Next Steps

  • Public comment period closes on January 9, 2023
  • Consider public comments
  • Develop proposed rule
  • Proposed rule due to the Commission: May 2024

- Public meeting(s)

- Public comment period after Commission approval

  • Final rule to the Commission: February 2026 17

Contacts George Tartal Brian Benney george.tartal@nrc.gov brian.benney@nrc.gov 301-415-0016 301-415-2767 18

References Regulatory basis document (ADAMS Accession No. ML22108A004)

Federal Register notice announcing availability of reg basis and request for public comment (87 FR 67571; November 9, 2022)

PRM-50-116 (ADAMS Accession No. ML18247A204)

SECY-20-0109 (ADAMS Accession No. ML20073G004)

SRM-SECY-20-0109 (ADAMS Accession No. ML21209A947)

PRM Closure FRN (86 FR 44290; August 12, 2021)

NUREG-1022 Rev. 3 (ADAMS Accession No. ML13032A220)

NUREG-1022 Rev. 3 Supp. 1 (ADAMS Accession No. ML14267A447)

MD 8.3 (ADAMS Accession No. ML18073A200) 10 CFR 50.72 Immediate notification requirements for operating nuclear power reactors - Paragraph (b) Non-emergency events 19

Abbreviations, Acronyms and Initialisms ADAMS Agencywide Documents Access and Management System CFR Code of Federal Regulations FRN Federal Register Notice MD Management Directive NEI Nuclear Energy Institute NRC Nuclear Regulatory Commission NRR Office of Nuclear Reactor Regulation PRM Petition for Rulemaking SECY Document from the NRC staff to inform or seek decision from the Commission SRM Staff Requirements Memorandum 20

How did we do?

  • The public meeting feedback form can be accessed on the meeting details page:

https://www.nrc.gov/pmns/mtg?do=details&Code=20221205 21