ML22362A040
| ML22362A040 | |
| Person / Time | |
|---|---|
| Issue date: | 02/07/2023 |
| From: | Rowley J NRC/NMSS/DFM/FFLB |
| To: | Shana Helton Division of Fuel Management |
| Shared Package | |
| ML22362A043 | List: |
| References | |
| Download: ML22362A040 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 MEMORANDUM TO: Shana R. Helton, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards THRU:
Soly I. Soto Lugo, Chief Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards FROM:
Jonathan G. Rowley, Project Manager Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards
SUBJECT:
SUMMARY
OF OCTOBER 19, 2022, FUEL FACILITY STAKEHOLDER PUBLIC MEETING The staff of the U.S. Nuclear Regulatory Commission (NRC) conducted a hybrid meeting (in-person and virtual via Microsoft Teams) with representatives of the Nuclear Energy Institute (NEI), fuel facility industry, and members of the public on October 19, 2022. The purpose of this observation meeting (formerly category 2) was to discuss the status of several regulatory issues involving the fuel facility industry. Topics discussed during the meeting included the resolution of action items from the May 17 - 18, 2022, fuel facility stakeholder meeting; updates to the integrated schedule and its supplement; radioactive source security and accountability (RSSA) rulemaking; update on tracking of enriched uranium; perspectives on onsite, hybrid, and remote inspections; status of Smarter Licensing Program; Division Instruction Status and overall changes; fuel facility business line budget breakdown; introduction to category II inspection program; and Part 71 rulemaking.
The public meeting notice with the agenda topics, the meeting presentations, the fuel cycle integrated schedule, and its supplement are available in the Agencywide Documents Access CONTACT: Jonathan G. Rowley, NMSS/DFM 301-415-4053 February 3, 2023 Signed by Soto Lugo, Soly on 02/01/23 Signed by Rowley on 02/03/23
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and Management System (ADAMS) under Accession Numbers, ML22291A003, ML22290A248, ML22290A247, ML22287A053, and ML22287A054, respectively. No regulatory decisions or commitments were made during the meeting.
The activities started with the NRC staff discussing the meetings category and purpose, and the instructions and logistics for conducting it. Opening remarks by Shana Helton, Director of the Division of Fuel Management (DFM), and Janet Schlueter, Senior Advisor, Fuel and Low-Level Waste, NEI followed.
After the opening remarks, the NRC staff started the discussions by presenting the NRC staff resolution of the action items resulting from the May 2022 Fuel Facility Stakeholders Public Meeting. The action items were the following:
Action Item 1:
Make NRC meeting presentation materials public at least one week prior to the scheduled meeting date.
DFM has taken steps for planning and conducting the bi-annual fuel facility stakeholders meeting that will assure that meeting presentation materials will be ready to provide to NEI and the public at least 7 days prior to the meetings.
This action item is an ongoing periodic action.
Action Item 2:
Maintain a current and up to date integrated schedule of regulatory activities chart on the NRC public website.
The NRC website (https://www.nrc.gov/materials/fuel-cycle-fac/regs-guides-comm.html#cumeffects) was updated on November 16, 2021, and May 6, 2022.
This action item is an ongoing periodic action. The integrated schedule is updated at least twice a year.
Action Item 3:
The NEI/Industry suggested that integrated schedule of regulatory activities chart include the draft interim staff guidance (ISG) on security for facilities possessing category II special nuclear material.
This action item was incorrectly captured in the May 2022 meeting summary (ML22175A186).
The NEI/Industry clarified in the meeting that they did not ask that a security ISG be added to the integrated schedule as they dont believe that a draft ISG or final ISG is needed.
As such, this action item is closed.
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Action Item 4:
The NRC staff is to inquire how the industry was able to obtain two different versions of draft NUREG-2159.
Additional discussion with the NEI determined that the industry was reviewing the 2018 version of the draft NUREG. The staff confirmed that the ADAMS accession number was linked to the 2021 version and industry is working with the current version.
This action item is closed.
Action Item 5:
The NRC staff will consider the NEI/Industry suggestion of having a public meeting by the end of 2021 to discuss the tracking of higher enriched material.
A public meeting on tracking of higher enriched material was held on December 14, 2021; meeting notice (ML21335A329), presentation (ML21344A149).
This action item is closed.
Action Item 6:
The NRC intends to make certain licensing division instructions (DIs) publicly available.
The following four DIs were made publicly available in the Summer of 2022 after NRC staff were trained and had implemented the DIs for a couple months: Licensing Overview (LIC-FM-1),
Acceptance Reviews (LIC-FM-2), Requests for Additional Information (LIC-FM-3), Safety Evaluation Reports (LIC-FM-4). The NRC and industry agreed that these DIs need additional run-time. The NRC stated that there are no other DIs that staff expect to make public in the near-term.
This action item will remain open.
Action Item 7:
The NRC and the NEI/Industry will work to have the dates for the 2022 Fuel Facility Stakeholders Public Meetings (Spring and Fall) set by the end of January 2022 to help assist all parties with planning and preparation.
The Spring 2022 meeting date was set on December 28, 2021, for May 17 and 18, 2022.
Moving forward, the NRC and NEI/Industry will work together to have the dates for future Fuel Facility Stakeholders Meeting set at least 3 months in advance.
This action item is an ongoing periodic action.
Integrated Schedule Chart and Supplement Updates The NRC staff provided updates made between May 2022 and October 2022 to the rulemaking and regulatory activities impacting the fuel cycle industry listed on the integrated schedule of the
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regulatory activities chart. The integrated schedule supplement was also updated with changes from May to October. A detailed summary of the changes to the chart is provided under ADAMS Accession Number ML22287A053. The NRC staff posted the updated integrated schedule and updated supplement on the NRC public website site at https://www.nrc.gov/materials/fuel-cycle-fac/regs-guides-comm.html#cumeffects.
The NRC and industry staff suggested adding the potential revision to Part 37 onto the integrated schedule chart and noted that the upcoming roll-out and implementation of the controlled unclassified information (CUI) program might also be a good addition.
Radioactive Source Security and Accountability Rulemaking The NRC staff from the Rulemaking Center of Expertise provided an overview and status of the RSSA rulemaking. The draft proposed rule is on schedule to be provided to the Commission in December 2022. Pending Commission review and approval, the proposed rule will be published in the Federal Register for public comment. The proposed rule would amend the regulations to further ensure validity of license applicants. This proposed rule also would enhance the requirement for a licensee transferring category 3 quantities of radioactive material to verify that the recipient (transferee) is licensed to receive the type, form, and quantity of radioactive material to be transferred. The NRC also is proposing a more stringent follow-up verification method for licensees that process an emergency shipment for transfers that are below category 2 quantities of radioactive material and to remove an obsolete verification method. Guidance for implementing the rule (in the form of frequently asked questions) will be posted on the NRCs public website when the proposed rule is issued for comment. The staff will conduct a public meeting during the public comment period.
Tracking of Enriched Uranium The NRC and industry use the Nuclear Materials Management and Safeguards System (NMMSS) to track the movement and inventory of enriched uranium. Industry requested revision of the definition of E1 material to include all low enriched uranium enriched to <10 weight percent (wt %) (the E1 category now includes uranium enriched up to 5 wt %). The NRC held a public meeting June 22, 2022, to discuss this idea with stakeholders. At the June public meeting, NRC presented a prior approval process for assigning foreign obligations for blending of low enriched uranium up to 10 wt %. One licensee successfully used this process to obtain prior government approval in September 2022 for their anticipated future blending operations over this range of enrichment. The NRC staff and industry intend to keep using this process since any change to the definitions in the NMMSS may have unintended consequences for other current licensees and would have to be negotiated with the interagency.
Inspectors Perspective on Hybrid Inspection With the onset of the COVID-19 pandemic, NRC inspections took advantage of flexibilities in the guidance to complete necessary inspection activities either onsite or remotely, or a hybrid combination of the two depending on the circumstances and inspection needs. Region II staff indicated that in-person inspections were most effective and efficient for most inspection activities but noted that there was some value added in the use of remote entrance/exit/debrief meetings and the use of electronic documents for inspection preparations when appropriate.
The guidance in inspection manual chapter (IMC) 2600 provides the necessary flexibility for these activities. The NRC staff noted that the BOX file sharing system was a useful NRC tool for
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sharing documents and noted that this might be a good practice for the NRC project managers and licensees to use the system instead of other methods.
Division of Fuel Management Guidance Development The NRC staff discussed the status of four DFM DIs. The NRC staff informed the meeting attendees of a sample of the changes incorporated in LIC-FM-1, Overview and Expectations of Certification and Licensing Process, LIC-FM-2, Acceptance Review Process, LIC-FM-3, Request for Additional Information, and LIC-FM-4, Safety Evaluation Reports, which were recently made available to the public. Industry requested that the NRC to add links to the DIs on the Fuel Cycle Facility Regulations Guidance, Communications, and Fuel Facility Stakeholders Meetings webpage and urged that the NRC implement a one-year trial period before consideration of revisions.
The NRC staff also indicated that NUREG-2212, Standard Review Plan for Applications for 10 CFR Part 70 Licenses for Possession and Use of Special Nuclear Materials of Critical Mass but Not Subject to the Requirements in 10 CFR Part 70, Subpart H, is expected to be published for public comment by the end of 2022.
Smarter Licensing Program The Smarter Licensing initiative is an ongoing program begun in 2019 that was chartered to move toward greater efficiency in the fuel facility licensing program. The 30+ recommendations included in the initiative were divided into short, mid, and long-term timeframes for completion.
Near and mid-term recommendations are incorporated into the four DIs discussed above. The NRC is tracking the long-term recommendations and will work on them as priorities allow. For example, one recommendation is to update NUREG-1520, Standard Review Plan for Fuel Cycle Facilities License Applications, which would be a large effort. The NRC requested that industry provide feedback on the guidance document to determine priority for such an effort.
Non-fee Billable Activities The NRC staff presented slides on the non-billable charges for fiscal year 2022 that were charged to the fuel facility business line. Industry requested the NRC staff identify which non-fee billable charges are fee exempt to better identify the charges that impact the licensees annual fees. Industry presented a few slides on the topic of monitoring staff estimates of review time versus the actual billed time for the respective licensing action. The NRC staff and industry discussed the differences. The NRC plans to improve the hour estimates for licensing actions utilizing past data to inform future estimates of resources. The NRC stressed the importance of industry sharing future licensing plans for major applications and amendments to be factored into the future budget. Industry suggested that the NRC include the actual number of hours used for the review in the closeout letter. This is a topic to continue discussing in the Spring 2023 fuel facility stakeholders meeting.
Regional Budget and Utilization The NRC staff provided insight on how the regional staff utilizes its budget in response to the industrys request during the February 2022 stakeholder meeting. The NRC staff provided a breakdown of the Division of Fuel Facility Inspection expenditures for oversight. A historical perspective of the Region II budget was covered along with future activities that are anticipated to affect regional staff expenditures.
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Core Inspection Program Development The NRC staff provided perspectives on the development of the Core Inspection Program for Category II Fuel Facilities. The NRC staff informed the participants that the current fuel cycle inspection program is currently being reviewed for category II applicability and revised as necessary. The NRC staff listed the IMCs and inspection procedures (IPs) that have been reviewed and that are in process of being reviewed for applicability. The NRC staff communicated that the program is anticipated to be completed by Spring 2023.
Construction Inspection Program Development The NRC staff provided perspectives on the development of the Construction Inspection Program. The NRC staff informed the participants of the process to identify, review, and revise all fuel cycle IMCs and IPs and the status of some of the IMCs and IPs that have been reviewed that are applicable to Category II fuel facilities.
Harmonization of Transportation Safety Requirements with International Atomic Energy Agency (IAEA) Standards Proposed Rule The NRC staff provided a status of the proposed rulemaking for Harmonization of Transportation Safety Requirements with IAEA Standards (amending Part 71). The NRC staff reiterated the purpose of the Part 71 rulemaking. The NRC staff identified areas where the changes are to harmonize with IAEA standards, maintain consistency with the U.S. Department of Transportation regulations, and NRC-initiated changes. The NRC staff informed the participants of the timetable for the near-term activities for the Part 71 proposed rule, including a public meeting scheduled for October 26, 2022.
Summary of Meetings Discussions Following the completion of the discussions of the agenda items, the NRC staff provided a summary of the discussions held during the day. The NRC staff continued the meeting with closing remarks by Ms. Shana Helton, Director, DFM, and Ms. Janet Schlueter, Senior Advisor, Fuel and Low-Level Waste, NEI.
Adjourn Neither the NRC staff, the NEI, industry, nor members of the public raised further questions or comments, and the meeting was adjourned at 4:45 PM. The NRC staff plans to conduct its next fuel facility stakeholder interaction with the industry during the Spring of 2023.
Action Items The following action items resulted from the discussions during the meeting:
1.
The NRC will continue making meeting materials available to the NEI/Industry and the public at least 7 days in advance of the meeting.
2.
The NRC will continue to maintain a current integrated schedule of regulatory activities chart on public webpage and consider adding CUI program implementation schedule and any Part 37 rulemaking as it relates to the Category III source rulemaking to integrated schedule of regulatory activities chart.
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3.
The NRC will consider the idea of linking division instructions on the Fuel Cycle Facility Regulations Guidance, Communications, and Fuel Facility Stakeholders Meetings webpage, and to consider including Smarter Licensing as a topic for Spring 2023 stakeholders meeting.
4.
Industry has a continued interest in having a discussion of the NRCs fee billing on the agenda for the next stakeholders meeting and would like the NRC to be transparent on the accuracy of initial cost and schedule estimates for licensing actions.
5.
Industry and the NRC to consider leveraging the capabilities of the BOX file sharing platform to enhance communications with licensees during license reviews.
6.
Industry requested that the NRC consider including the Integrated Low-Level Waste Disposal Rulemaking (Part 61) and the Enhanced Weapons Rulemaking on the agenda for Spring 2023 fuel facility stakeholder meeting.
7.
Attendees expressed interest in future public discussions on the fuel facility license renewal process, including discussion on potential revision to NUREG-1520, Standard Review Plan for Fuel Cycle Facilities License Applications.
8.
Participants expressed interest in a presentation on Web-Based Licensing during a future stakeholders meeting.
9.
Industry expressed interest in future public discussions regarding NUREG-2212, Standard Review Plan for Applications for 10 CFR Part 70 Licenses for Possession and Use of Special Nuclear Materials of Critical Mass but Not Subject to the Requirements in 10 CFR Part 70, Subpart H, prior to its issuance.
Enclosure:
List of Attendees
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SUBJECT:
SUMMARY
OF OCTOBER 19, 2022, FUEL FACILITY STAKEHOLDER PUBLIC MEETING DATE:
DISTRIBUTION:
LDimmick, COMM/OCM DToro, COMM/OCMJB SDennis, COMM/OCMDW RWilliams, DFFI/PB1 HRodriguez, OEDO/AO KJamerson, NMSS/DFM HLindsay, NMSS/DFM LWilkins, OCA ADAMS Accession Number: ML (Pkg); ML (Summary); ML22291A003 (Notice); ML22290A248 (Presentation);
ML22290A247 (NEI Presentation); ML22287A053 (Chart); ML22287A054 (Chart Supplement); ML22287A055 (Chart Summary)
OFFICE NMSS/DFM/FFLB/PM NMSS/DFM/FFLB/LA NMSS/DFM/FFLB/BC NMSS/DFM/FFLB/PM NAME JRowley JGoodridge SLugo JRowley DATE 12/28/2022 12/30/2022 1/04/2023 1/05/2023 OFFICIAL RECORD COPY February 3, 2023
Enclosure LIST OF ATTENDEES October 19, 2022, FUEL FACILITY STAKEHOLDERS PUBLIC MEETING Name Affiliation Dave Spangler BWXT NOG-L Marty Karr CENTRUS Kelly Fitch CENTRUS Jeff Coleman Columbia Fuel Tim Tate Framatome Inc.
Scott Murray Global Nuclear Fuels Benjamin Weiss Guest Donna Hutchinson Guest Edward Love Guest Matthew Marzano Guest Eris Speights Guest Genevieve Weaver Guest Sean Patterson Honeywell Bob Sanders Honeywell Janet Schlueter NEI Robert Link NEI Consultant Tom Holly Nuclear Fuel Services Tim Knowles Nuclear Fuel Services Gerard Couture TRISO-X Jonathan Rowley U.S. Nuclear Regulatory Commission Richard Jervey U.S. Nuclear Regulatory Commission James Downs U.S. Nuclear Regulatory Commission Matt Bartlett U.S. Nuclear Regulatory Commission Mirabelle Shoemaker U.S. Nuclear Regulatory Commission Cynthia Taylor U.S. Nuclear Regulatory Commission Carrie Safford U.S. Nuclear Regulatory Commission Jill Shepherd U.S. Nuclear Regulatory Commission Jenny Weil U.S. Nuclear Regulatory Commission Erika Lee U.S. Nuclear Regulatory Commission Lindsey Cooke U.S. Nuclear Regulatory Commission Suzanne Ani U.S. Nuclear Regulatory Commission Andrew Carrera U.S. Nuclear Regulatory Commission
2 Dylanne Duvigneaud U.S. Nuclear Regulatory Commission Anthony Valiaveedu U.S. Nuclear Regulatory Commission Robert Williams U.S. Nuclear Regulatory Commission Yawar Faraz U.S. Nuclear Regulatory Commission Eric C. Michel U.S. Nuclear Regulatory Commission Kellee Jamerson U.S. Nuclear Regulatory Commission Jo Jacobs U.S. Nuclear Regulatory Commission Suzanne Dennis U.S. Nuclear Regulatory Commission Michelle Romano U.S. Nuclear Regulatory Commission Anthony Masters U.S. Nuclear Regulatory Commission Gregg Goff U.S. Nuclear Regulatory Commission Irene Wu U.S. Nuclear Regulatory Commission Latif Hamdan U.S. Nuclear Regulatory Commission Jacob Zimmerman U.S. Nuclear Regulatory Commission Gregory Trussell U.S. Nuclear Regulatory Commission Shana Helton U.S. Nuclear Regulatory Commission Jason Piotter U.S. Nuclear Regulatory Commission Nicholas Hansing U.S. Nuclear Regulatory Commission Stacey Joseph U.S. Nuclear Regulatory Commission Yoira Diaz-Sanabria U.S. Nuclear Regulatory Commission Andrew Letourneau U.S. Nuclear Regulatory Commission Marilyn Diaz Maldonado U.S. Nuclear Regulatory Commission Stewart Schneider U.S. Nuclear Regulatory Commission Damaris Marcano U.S. Nuclear Regulatory Commission Michael Greenleaf U.S. Nuclear Regulatory Commission Thomas Vukovinsky U.S. Nuclear Regulatory Commission Osiris Siurano-Perez U.S. Nuclear Regulatory Commission Benjamin Karmiol U.S. Nuclear Regulatory Commission Aida Rivera-Varona U.S. Nuclear Regulatory Commission Bernie White U.S. Nuclear Regulatory Commission Kevin Coyne U.S. Nuclear Regulatory Commission Linda Howell U.S. Nuclear Regulatory Commission Tom Boyce U.S. Nuclear Regulatory Commission Jenny Tobin U.S. Nuclear Regulatory Commission Jeremiah Rey U.S. Nuclear Regulatory Commission James Rubenstone U.S. Nuclear Regulatory Commission James Firth U.S. Nuclear Regulatory Commission
3 Glenn Tuttle U.S. Nuclear Regulatory Commission Ed Miller U.S. Nuclear Regulatory Commission Edward Madden U.S. Nuclear Regulatory Commission Chris Markley U.S. Nuclear Regulatory Commission Kelly Sullivan U.S. Nuclear Regulatory Commission Jim Xu U.S. Nuclear Regulatory Commission James Park U.S. Nuclear Regulatory Commission Chris Schwarz URENCO USA Patrick Donnelly Westinghouse