ML23116A190
| ML23116A190 | |
| Person / Time | |
|---|---|
| Issue date: | 05/03/2023 |
| From: | Rowley J NRC/NMSS/DFM/FFLB |
| To: | |
| Shared Package | |
| ML23116A188 | List: |
| References | |
| Download: ML23116A190 (1) | |
Text
1 Jonathan Rowley, Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards Email: Jonathan.Rowley@nrc.gov Phone: 301-415-4053 Fuel Facility Stakeholders Meeting May 3, 2023 Public Meeting With Nuclear Energy Institute and Members from the Nuclear Fuel Facility Industry
2 Meeting Category and Public Participation This is an Observation Meeting. This is a meeting in which attendees will have an opportunity to observe the NRC performing its regulatory function or discussing regulatory issues. Attendees will have an opportunity to ask questions of the NRC staff or make comments about the issues discussed following the business portion of the meeting; however, the NRC is not actively soliciting comments towards regulatory decisions at this meeting.
3 Agenda - May 3, 2023 Topic Time Speakers Introduction (Purpose, Rules for Meeting) 8:30 AM Jonathan Rowley, Project Manager Division of Fuel Management (DFM)
Opening Remarks 8:35 AM Shana Helton, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards (NMSS)
U.S. Nuclear Regulatory Commission Janet Schlueter, Senior Advisor Nuclear Energy Institute (NEI)
Status of Action Items from October 2022 Meeting 8:40 AM Jonathan Rowley, Project Manager, DFM Integrated Schedule and Supplement Updates 8:45 AM Jonathan Rowley, Project Manager, DFM Fiscal Year 2023 Fee Rule/Fiscal Year 2024 Congressional Budget Justification 9:30 AM Samantha Lav, Branch Chief, DFM Public Question and Answer 10:15 AM Public Break 10:20 AM Fuel Facility Business Line Budget Breakdown 10:30 PM Matthew Bartlett, Project Manager, DFM
4 Agenda - May 3, 2023 (cont.)
Topic Time Speakers Construction Inspection Program Update for Part 70 Facilities/Smarter Inspection Program Self-Assessment 11:00 AM Benjamin Karmiol, Fuel Cycle Operations Engineer, DFM Public Question and Answer 11:45 AM Public Lunch Break 11:50 AM Status of Controlled Unclassified Information Program 1:00 PM Jonathan Feibus, Director, Governance and Enterprise Management Services Status of Smarter Licensing Program 1:30 PM Matthew Bartlett, Project Manager, DFM Janet Schlueter, Senior Advisor, NEI Public Question and Answer 2:30 PM Public Break 2:35 PM Clarification on RIL-2022-08 2:45 PM John Grasso, Reliability and Risk Analyst, RES Options for Rulemaking on Security for Special Nuclear Material 3:15 PM Marshall Kohen, Technical Advisor, NSIR Public Q & A 3:45 PM Public Recap of Action Items for the Day 3:50 PM Jonathan Rowley, DFM Janet Schlueter, NEI Closing Remarks and Adjourn 3:55 PM Shana Helton, DFM Janet Schlueter, NEI
5 Opening Remarks Shana Helton, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards Janet Schlueter, Senior Director Fuel and Radiation Safety Nuclear Energy Institute
6 Jonathan Rowley Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards Action Items from October 2022 Fuel Facility Stakeholders Public Meeting
7 Action Items - October 2022 Stakeholders Meeting 7
Action Item 1 The NRC and NEI/Industry shall exchange any meeting presentation materials at least one week prior to the scheduled meeting date.
NRC Staff Resolution DFM developed new guidance for planning and conducting the bi-annual fuel facility stakeholders meeting.
The guidance will ensure that information will be available to the public at least 7 days prior to the meetings.
(Ongoing Periodic Action)
Action Item 2 The NRC staff will maintain a current integrated schedule of regulatory activities chart on the NRC public website for the fuel facility stakeholders meeting.
NRC Staff Resolution The integrated schedule is updated at least twice a year prior to each stakeholders meeting and as needed when new items are added. (Ongoing Periodic Action)
Action Item 3 The NRC will consider linking the publicly available Division Instructions on the public webpage.
NRC Staff Resolution The four publicly available Division Instructions were linked on the Fuel Cycle Facility Regulations Guidance, Communications, and Fuel Facility Stakeholders Meetings webpage. (Closed)
Action Item 4 The industry has a continued interest in having discussion on NRC fee billing.
NRC Staff Resolution Fee billing is on the agenda for the May 3, 2023 meeting.
(Closed)
Action Item 5 Industry and NRC to consider leveraging the capabilities of the BOX file sharing platform to enhance licensing review related communications.
NRC Staff Resolution Industry and NRC evaluating extent of the use of BOX.
(Ongoing)
Action Item 6 Consideration was to be given to including Integrated Low-Level Waste Disposal Rulemaking and Enhanced Weapons Rulemaking on the agenda for the Spring 2023 meeting.
NRC Staff Resolution Separate, individual meetings are being arranged to discuss those rulemakings. Not included on the agenda for the Spring 2023 stakeholders meeting. (Closed)
Action Item 7 Interest was expressed in future public discussions on fuel facility license renewal process.
NRC Staff Resolution NRC staff continues to evaluate the need for additional public meetings on this topic. (Ongoing)
Action Item 8 Interest was expressed in having a presentation on Web-Based Licensing during a future stakeholders meeting.
NRC Staff Resolution NRC staff continues to evaluate the request. (Ongoing)
Action Item 9 Industry expressed interest in future public discussions regarding NUREG-2212 prior to its issuance.
NRC Staff Resolution A public meeting on NUREG-2212 was held on January 18, 2023 (ML23018A017). (Closed)
8 Integrated Schedule Chart and Supplement Updates Jonathan Rowley, Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards
9 Integrated Schedule Chart Updates Regulatory Activity Revised Jan Febr Marc April May June July Aug Sept Oct Nov Dec Jan Febr Marc April May June July Aug Sept Oct Nov Dec Jan Febr Marc April May June July Aug Sept Oct Nov Dec
= Final Rule/Final Guidance
= Public Interaction
= ANPR Development
= Issue Draft Guidance
= Final Report/Closure Memo
= Pending Commission Action
= Guidance Development
= ANPR Issued
= Denied by Commission
= Marks issuance of SRM
= Pilot Program
= Pre-rulemaking Activities
= Reg. Basis/Draft Guidance
= Proposed Rule/DG Development
= Implementation
= Non-rulemaking/NRC Activities
= Scheduled Meeting l = Marks issuance of SECY V = Site Visit A = ACRS Meeting Smarter Licensing Effort Matt Bartlett Very Low Safety Significance Issues Stephen Koenick 4/24/2023 Guidance development and improvement continues as experience is gained.
Controlled Unclassified Information Program Tanya Mensah 4/14/2023 The NRCs plans to implement MD 12.6 are delayed. A new date will be identified by OCIO after the National Security Council (NSC) Interagency Policy Committee (IPC) completes its efforts to identify Federal-wide CUI implementation challenges and proposed policy solutions.
Radioactive Source Security and Accountability Andrew Carrera/Anita Gray 4/14/2023 The staff submitted the draft Radioactive Source Security and Accountability proposed rule to the Commission on December 19, 2022.
The draft proposed rule is currently under review by the Commission.
Proposed Rulemaking - Alternatives to the Use of Credit Ratings (RIN 3150-AJ92) (SECY-16-0009, SECY-20-0056)
Greg Trussell 4/14/2023 Decommissioning Financial Assurance for Sealed and Unsealed Radioactive Material (PRM-30-66; NRC-2017-0159) -
Greg Trussell/Adam Schwartzman Presentations are available online.
4/14/2023 Near-, Mid-Term, and Long-Term recommendations have been implemented via the Division Instructions or via additional guidance development. The NRC staffs implementation is in process as staff utilize the new divisions instructions and guidance.
Near Term - Develop DIs Mid Term - Job Aids, Templates, Training, and Evaluate Risk Tool Long Term - Turn-over Guidance, SRP for GTCM, Update NUREG-1520, Lessons learned, License review road map ANS 57.11 - Integrated Safety Assessment Standard TBD 4/14/2023 On Hold.
Regulatory Information Conference Jonathan Rowley 4/14/2023 Harmonization of Transportation Safety Requirements with International Atomic Energy Agency Standards (RIN 3150-AJ85; NRC-2016-0179) - Part 71 (SECY-16-0093 and SECY-20-0102)
James Firth 4/14/2023 Comments Preparing a notation vote paper with options (the Commission approved a one-year extension for the paper).
January 2022, the Commission issued SRM-SECY-18-0058 approving the final rule. The final rule was published on March 14, 2023 (88 FR 15864).
Pending Commission Action extended to May 2023.
The NRC staff is planning a public meeting for Spring 2023.
2023 2022 2021 Public comment on the proposed rule and draft regulatory guide ended on November 28, 2022.
Proposed Rule package is in concurrence.
The proposed rule published Janaury 3, 2023, for a 75-day comment period ending March 20, 2023.
Part 73 - Cyber Security Rulemaking (SECY-17-0099)
Irene Wu/James Downs 4/14/2023 4/14/2023 4/14/2023 Integrated Low-Level Radioactive Waste Disposal Rulemaking (SECY-20-0098)
George Tartal/Cardelia Maupin/Priya Yadav 4/14/2023 4/14/2023 Part 73 - Enhanced Security of SNM (SECY-19-0095)
Marshall Kohen/George Tartal Part 73 - Enhanced Weapons Rulemaking (SECY-18-0058)
10 Updates to Integrated Schedule Chart and Supplement
- Updated information
- Fuel Facility Stakeholders Meeting https://www.nrc.gov/materials/fuel-cycle-fac/regs-guides-comm.html#cumeffects
- Integrated Schedule (Chart)
ADAMS Accession Number ML23114A140
- Integrated Schedule Supplement ADAMS Accession Number ML23114A141 Summary of changes to previously listed activities (October 2022 - May 2023)
ADAMS Accession Number ML23114A142
11 Fiscal Year 2023 Fee Rule and Fiscal Year 2024 Congressional Budget Justification Samantha Lav, Chief Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards 11
12 FY 2023 Budget and Fees Timeline*
12 March -
July 2021 September 2021 December 2021 - January 2022 January 2022 Internal NRC Budget Development Commission Review of Congressional Budget Justification (CBJ)
Performance Budget to OMB NRC provides CBJ to Congress December 2022 Appropriation July -
November 2022 March 2023 January -
April 2023 Fee Analysis Calculations Publish Proposed Fee Rule Fee Analysis for Final Fee Rule July -
November 2022 SECY on Fee Policy Issues March -
April 2023 Fee Rule Public Comment Period May -
June 2023 Publish Final Fee Rule July -
August 2023 Final Fee Rule Becomes Effective September 2023 NRC Collects Fees and Forwards to Treasury
- The dates in the timeline are illustrative and based on generic timelines.
13 FY23 Fee Rule FY2023 proposed fee rule published March 2023 Public comment period closed April 3, 2023 Seven written comment submissions received Staff will consider comments in the formulation of the FY23 final fee rule to be published this summer 13
14 Annual Fees 14
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000 FY16 FY17 FY18 FY19 FY20 FY21 FY22 (Final)
FY23 (Proposed)
FUEL FACILITY ANNUAL FEE (10 CFR PART 171)
BWXT Nuclear Ops. Group, Inc.
(Lynchburg, VA)
Nuclear Fuel Services (Erwin, TN)
Framatome, Inc (Richland, WA)
Global Nuclear Fuel - Americas (Wilmington, NC)
Westinghouse Electric Co.
(Columbia, SC)
Centrus-American Centrifuge Operating (Portsmouth, OH)
Louisiana Energy Services (Eunice, NM)
Honeywell International (Metropolis, IL)
In FY2021, NEIMA went into effect and required the NRC to recover approximately 100% of the budget from fees
15 FY23 Budget Drives Fees
- Approximately 19% increase in the fuel facility budget
- Functioning as the authorizing official for classified systems
- Restart activities for Centrus and Honeywell
- Increased MC&A inspections at Category II facilities
- The cyber security rulemaking
- Increases in salaries and benefits
- NRC is required by NEIMA to recover approximately 100% of the budget
- If licensing and oversight activities are delayed, that portion of the budget will be recovered through annual fees
- NRCs ability to budget accurately is highly dependent on the schedule information provided to us 15
16 FY24 CBJ Budget 16
17 FY24 Major Activities Conduct licensing, oversight, and regulatory activities for nine major fuel facilities and 10 greater-than-critical-mass SNM licensees ($15.2M, 52.7 FTE).
Review one new fuel facility license application (TRISO-X) and one new medical isotope facility (Niowave) ($0.5M, 2.2 FTE).
Maintain the Nuclear Materials Management and Safeguards System for SNM ($2.0M, 1.0 FTE).
Sustain U.S. non-proliferation activities by fulfilling national obligations, implementing international safeguards, and licensing the import and export of nuclear materials and equipment ($0.2M, 1.0 FTE).
Support agency-provided training in radiation sciences, security, and other training related to regulatory support. ($0.2M).
Maintain a highly qualified workforce through recruitment and staffing of entry-level positions to support the agencys SWP ($0.2M, 1.0 FTE).
Support the NRCs work with international counterparts 17
18 FY24 CBJ Budget Increases
- Salaries and benefits (+$3.3M);
- Licensing actions related TRISO-X and Niowave (+$2.7M, +4.1 FTE);
- Licensing actions related to enrichment and manufacturing of HALEU, advanced reactor fuel, and ATF (+$0.2M, +1.0 FTE);
- Programmatic oversight and inspection in support of Category II fuel facilities and the anticipated new medical isotope production facility
(+$0.6M, +2.0 FTE); and
- Potential rulemaking for enhanced security of special nuclear material and guidance development for the security for fuel facilities (+$0.2M,
+1.0 FTE).
18
19 Public Participation At this time, the public is afforded an opportunity to ask questions and/or provide comments on the first three presentations.
20 Current and Future Activities Recovered Through Annual Fees Matthew Bartlett, Senior Project Manager Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards
21 Product Line Total Budget ML22089A188 Part 170 Part 171 Excluded Activities
$M FTE PL-1 Event Response
$0.5 2.0
PL-2 Generic Homeland Security
$2.5 3.0
PL-3 International Activities
$1.7 7.5
PL-4 Licensing
$6.3 22.8
(Universities)
PL-5 Oversight
$5.9 25
PL-7 Rulemaking
$0.2 1
PL-M Mission Support and Supervision
$3.0 14.0
PL-N Training
$0.4 1.0
Travel
$0.7 0
TOTAL
$21.2 76.3 Fiscal Year (FY) 2023 Congressional Budget Justification
22 FY2023 Congressional Budget Justification
- based on full-time equivalent, contract and training support ($Millions) from the FY2023 Congressional Budget Justification (NUREG-1100 Volume 38 (ML22089A188))
0.2 0.4 0.5 0.7 1.7 2.5 3.0 5.9 6.3 PL-7 Rulemaking*
PL-N Training*
PL-1 Event Response*
Travel*
PL-3 International Activities*
PL-2 Generic Homeland Security*
PL-M Mission Support and Suppervision*
PL-5 Oversight*
PL-4 Licensing*
23 Product Line 1 - - Example Activities for FY 2023 Product Line Total Budget ML22089A188 Part 170 Part 171 Excluded Activities PL-1 Event Response
$0.5 (M) 2.0 (FTE)
This product line includes:
- Incident Response Exercises for Fuel Facilities
- Event Response Support for Fuel Cycle
- M=Million
24 Product Line Total Budget ML22089A188 Part 170 Part 171 Excluded Activities PL-4 Licensing
$6.3 (M*)
22.8 (FTE)
(Universities)
Product Line 4 - Example Activities for Fiscal Year 2023 Part 171 examples in this product line include:
Advisory Committee on Reactor Safeguards for fuel cycle Annual budget development, fee rule, contract oversight Guidance development (Greater than Critical Mass, Division Instructions, Qualification Plans, NUREG-1748 revisions, etc.)
Hearings (Atomic Safety And Licensing Board Panel Reviews)
Knowledge management (seminars, training, lessons learned)
Licensing assistants Material control and accounting program infrastructure Metrics and Congressional reporting Security policy and infrastructure (e.g., HALEU gap analysis)
Generic (web-based licensing, infrastructure, policy outreach, review, and stakeholders meetings)
- M=Million
25 Product Line Total Budget ML22089A188 Part 170 Part 171 Excluded Activities PL-5 Oversight
$5.9 (M*)
25 (FTE)
Product Line 5 - Example Activities for Fiscal Year 2023 Part 171 examples in this product line include:
- Allegations and investigations
- Construction inspection program development
- Enforcement guidance/policy development for fuel cycle
- Guidance development (very low safety significance issue resolution, inspection procedures, mentoring, etc.)
- Headquarters MC&A and inspection oversight programs
- Meetings on general topics (i.e., not specific to a facility)
- Technical assistant
- M=Million
26 Product Line Total Budget ML22089A188 Part 170 Part 171 Excluded Activities PL-7 Rulemaking
$0.2 (M*)
1 (FTE)
- M=Million Product Line 7 - Example Activities for Fiscal Year 2023 Part 171 examples in this product line include:
- Cyber security for fuel facilities rulemaking
- Enhanced weapons rulemaking
- Development of options to address enhanced security of SNM
27 Product Line Total Budget ML22089A188 Part 170 Part 171 Excluded Activities PL-M Mission Support and Supervision
$3.0 (M*) 14.0 (FTE)
Product Line M - Example Activities for Fiscal Year 2023
- M=Million Part 171 examples in this product line include:
- Administrative assistants
- General staff meetings
- Supervisory support (branch chiefs and other managers)
- Generic (time and labor, non-supervisory actors, etc.)
28 Product Line Total Budget ML22089A188 Part 170 Part 171 Excluded Activities PL-N Training
$0.4 (M*)
1.0 (FTE)
Product Line N - Example Activities for Fiscal Year 2023
- M=Million Part 171 examples in this product line include:
- Nuclear Regulator Apprenticeship Network Training Program
- Staff training, qualification and development
29 Future Fuel Facility Part 171 Work FY 2023-2024 Commission meetings and drop-in meetings Guidance Updates and Assessment
- Advanced Reactors
- NUREG-1748 - Environmental Review
- NUREG-2212 - New Applications For Greater Than Critical Mass
- Authorizing Official and Classified Networks
- Construction Inspection Program Development Operating Experience Review Staff Qualification, Training, and Development Rulemaking Activities
- Potential rulemaking for enhanced security of special nuclear material and guidance development for the security for fuel facilities
30 QUESTIONS/COMMENTS Current and Future Activities Recovered Through Annual Fees
31 Construction Inspection Program Update for 10 CFR Part 70 Facilities and Smarter Inspection Program Self-Assessment Benjamin Karmiol, Fuel Cycle Operations Engineer Inspection and Oversight Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards
32 Construction Inspection Program IMC 2694 and associated IPs
- Updates include but are not limited to:
- Lessons learned from recent construction oversight projects
- Technology neutral guidance relying on prioritization of IROFS
- Guidance for creating site specific master inspection plans
- Guidance for oversight of applicants constructing 'at-risk
33 Construction is defined in 10 C.F.R. 70.4, and states, in part:
- Construction means:
- the installation of foundations, or
- in-place assembly, erection, fabrication, or testing for any structure, system, or component of a facility or activity subject to the regulations in this part that are related to radiological safety or security.
Construction Inspection Program
34 Construction Inspection Program Construction at-risk:
- When a licensee or applicant commences construction prior to the Director of NMSS (or his/her designee) making a 10 C.F.R. § 70.23(a)(7) determination, construction is at its own risk (i.e.,
at-risk).
- These risks include NRCs denial of the application, the need for design changes in response to the NRCs Requests for Additional Information, construction rework, additional inspections, and project delays.
35 Construction Inspection Program
- Next Steps and Schedule
- Issue letters to applicants and licensees that will be commencing construction
- Workshop on Construction:
- A workshop dedicated to discussing the structure of the IMC and how construction inspections will be completed
- Staff expects the workshop to take place this summer
- IMC 2694 and associated IP updates completed by the end of the summer
36 Smarter Inspection Program Assessment
- The self-assessment of the changes made by the SIP initiative will be completed in 2024
- The assessment will evaluate the effectiveness of the changes implemented by the smarter inspection program
- Waiting until 2024 allows staff to gather and assess three full years of data
- Most inspection procedures will have been performed at most sites
37 Questions/Feedback
38 Public Participation At this time, the public is afforded an opportunity to ask questions and/or provide comments on the following topics:
- Fuel Facility Business Line Budget Breakdown
- Construction Inspection Program Update for Part 70 Facilities
39 Jon Feibus, Director Governance and Enterprise Management Services Division Office of the Chief Information Officer Email: Jonathan.Feibus@nrc.gov Phone: 301-415-0717 NRC Controlled Unclassified Information (CUI) Program Implementation Status
40 Effective April 2023, the NRCs plans to transition to a CUI program on November 1, 2023, have been delayed.
The NRC is awaiting the outcome of the CUI Interagency Policy Committee (IPC) prior to identifying a new CUI transition date.
For additional information, refer to NARA CUI Notice 2022-01.
This delay will support the NRCs overall readiness to transition to CUI, while working towards minimizing the burden on NRC employees and external stakeholders, where practicable.
Once a new transition date is established, the NRC will communicate the new date to all stakeholders well in advance.
All NRC employees and contractors will continue to follow the existing agency policy for Sensitive Unclassified Non-Safeguards Information (SUNSI), which remains in effect until CUI is implemented.
The NRC is committed to minimizing the impact of its transition to CUI for NRC internal and external stakeholders, to the extent practicable.
40 Key Messages
41 On December 8, 2023, the NRC issued Regulatory Issue Summary (RIS) 2022-03, NRC Plans to Establish Controlled Unclassified Information-Sharing Agreements with Non-Executive Branch Entities, and to inform all NRC external stakeholders of its plans to transition to CUI and of plans to establish formal CUI information-sharing agreements with non-executive branch entities.
On January 10, 2023, the NRC held a CUI closed meeting with licensees and other external stakeholders to demonstrate and discuss the view only option described in RIS 2022-03.
In light of the NRCs decision to delay its transition to CUI, all licensee comments and questions are being held pending the outcome of the CUI-IPC efforts.
On February 3, 2023, the NRC published the information collection request for the NRCs CUI information-sharing agreement in the Federal Register for public comment.
On April 4, 2023, NEI formally submitted industry comments on the information collection request.
In light of the NRCs decision to delay its transition to CUI, the information collection request is currently on hold.
41 Current Status
42 Fuel Cycle Licensee Challenges On January 10, 2023, during the NRCs CUI closed meeting, several fuel cycle facility licensees provided the following feedback (shown below in bold italics) to the NRC:
Due to limited resources, we cannot meet NIST SP 800-171 requirements.
This is why the NRC demonstrated the view only alternative during the closed meeting so that licensees would understand any limitations associated with this approach.
We do not plan to sign the information-sharing agreement once provided by the NRC.
The NRC cannot compel licensees to sign an agreement. However, without a signed agreement in place, the NRC will need to default to sharing CUI via view only (or hard copy) when CUI that requires dissemination is not owned by the licensee.
View only is insufficient to meet our needs to retain records to meet certain regulatory requirements.
Following the closed meeting, NEI submitted a number of follow-up questions to the NRC for additional clarification.
The industry questions, including the NEI use cases discussed on January 10, 2023, are currently being evaluated by the NRC.
The NRC expects to provide an update to NEI in mid-April 2023 regarding an estimated timeline to respond to the NEI uses cases and follow-up questions.
The NRC is sharing and discussing these challenges with the CUI-IPC.
42
43 Conclusion Await the outcome of the CUI-IPC to assess any future plans that would reduce burden on the NRC staff and external stakeholders.
1 Maintain communications regarding the NRCs plans to transition to CUI and following the transition to CUI.
2 Hold the information-sharing agreement to consider the outcome of the CUI-IPC.
3 Hold the industry questions and comments provided on January 10, 2023, pending the outcome of the CUI-IPC.
4
44 For Additional Information
- NRC CUI Program Contact
-Jon Feibus, NRC CUI Senior Agency Official
-Tanya Mensah, NRC CUI Program Manager
-Email: CUI@nrc.gov NARA CUI Website (https://www.archives.gov/cui)
- CUI Registry
- Policy & Guidance
- CUI Blog
- CUI Program Update To Stakeholders Meeting NRC CUI Public Website: https://www.nrc.gov/reading-rm/cui.html
45 Smarter Licensing Program Overview Matthew Bartlett, Sr. Project Manager Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards
46
Background:
- 1. The smarter fuel cycle licensing program started in 2019, see Charter - April 26, 2019 (ADAMS Accession No. ML19115A016)
- 2. A number of recommendations were identified and grouped as Near-Term, Mid-Term and Long-Term, see Recommendations - April 30, 2020 (ML20099F354)
- 3. Staffs implementation of the recommendations were documented in the October 19, 2022, Smarter Licensing One Pager (ML23013A286)
Smarter Licensing Program
47 Accomplishments
- 1. The Near-and Mid-Term recommendations have been incorporated into the following NRC Division Instructions (DI):
- LIC-FM-1 Licensing Overview (ML22130A659),
- LIC-FM-2 Acceptance Review Process (ML22161B042),
- LIC-FM-3 Requests for Additional Information (ML22208A272), and
- LIC-FM-4 Safety Evaluation Reports (ML22273A029).
- 2. The NRC provided staff training on the DIs.
- 3. Redacted versions of the DIs are publicly available.
Smarter Licensing Program
48
- NT-1, 1 & 2: Acceptance letter incorporate hour estimates and dates NRC staff incorporate hour estimates and estimated completion dates in the acceptance letter. These dates become the established schedule tracked by the metrics.
NT-2, 4 & 7(b): NRC staff hold pre-application meetings with the applicant The NRC staff visit the site, discuss application plans, talk about guidance, etc. in advance of the application
- NT-4, 9 & 11: NRC staff hold technical calls to inform the review The NRC staff hold technical calls on an as needed basis to better understand the application and to discuss draft RAIs
- NT-4, 13(a): Transitions are supported by overlapping reviewers When possible, the technical reviewers are assigned with a back-up reviewer or a person to shadow the reviewer prior to transition.
- MT-15, 1: The NRC staff utilize an interdisciplinary review team The NRC staff seek to involve the entire review team, including non-technical staff in bi-weekly meetings, technical calls, and public meetings.
Examples Smarter Licensing Improvements
49 Status of Long-Term Recommendations:
- LT-1, 13(b): Formalized guidance on management turnover Completed December 20, 2021 (ML21334A377 non-public)
- LT-2, 14: Capture and use lessons learned on major licensing actions Completed May 12, 2022, LIC-FM-1, section 2.24 (ML22130A659)
- LT-2, 23: Update NUREG-1520 On hold, pending existing work priorities
- LT-3, 20: Develop a draft standard review plan greater than critical mass licensees/applicants (DRAFT - NUREG-2212),
In Progress Comment period ended March 31, 2023 (ML22335A087),
project issuance by end of 2023
- LT-4, 25: Create a roadmap for each type of license and major activity Completed June 20, 2021, Desk Guides - (ML21201A294 non-public)
- LT-4, 25: Develop a central repository of licensing basis documents Completed 2022, FFLB SharePoint Repository - non-public
- LT-5, 26: Institutionalize post-review lessons learned An ongoing effort to maintain guidance up to date Smarter Licensing Program
50 QUESTIONS/COMMENTS Smarter Licensing Program
51 Public Participation At this time, the public is afforded an opportunity to ask questions and/or provide comments on the following topics:
- CUI
- Status of Smarter Licensing Program
52 John Grasso & James Chang Division of Risk Analysis Office of Nuclear Regulatory Research Email: John.Grasso@nrc.gov James.Chang@nrc.gov Clarification on RIL 2022-08 Human Reliability Analysis of See-and-Flee Actions using Integrated Human Event Analysis System for Event and Condition Assessment
53
- RILs are not intended to be used in place of guidance documents, such as Regulatory Guides or Standard Review Plans.
- In general, RILs should be issued to provide the user offices:
- research results regarding a significant research program or project
- information to support a regulatory decision
- results of generic regulatory or technical analyses
- results of research about, or resolution of a problem of interest to the nuclear industry at large team report on a specific topic
- proceedings of a conference or workshop What is a RIL?
TEC-003 Rev.
2
54
- IDHEAS-ECA = the Integrated Human Event Analysis System for Event and Condition Assessment
- Human Reliability Analysis (HRA) Methodology
- Documented in NUREG-2256
- See-and-Flee = Human Action Administrative Item Relied on for Safety (IROFS)
- To meet performance requirements of 10 CFR 70.61
- NUREG-1513 and NUREG-1520 = Current Integrated Safety Analysis (ISA) guidance
- Little instruction on assessing reliability of human IROFS Background of RIL 2022-08
55
- To demonstrate IDHEAS-ECA to NMSS staff:
- Identify where the methodology may be useful
- Provide feedback to improve IDHEAS-ECA
- To demonstrate IDHEAS-ECA abilities and level of effort
- To evaluate and assess the reliability of see-and-flee actions Why was this RIL produced?
56
- IDHEAS-ECA concepts, terms, and how to use
- Different scope than NUREG-2256
- As a demonstration to NMSS staff:
- IDHEAS-ECA uses a sound technical basis to assesses the reliability of see-and-flee actions not in the current review guidance.
- IDHEAS-ECA could assess the reliability of administrative IROFS to support decision-making.
How will this RIL be used?
57
- RIL 2022-08 is not regulatory guidance, just information
- IDHEAS-ECA is an NRC-developed HRA methodology
- RIL 2022-008 explores a potential use for IDHEAS-ECA outside of NPP operation
- Industry does not have to use RIL 2022-08 RIL 2022-08 and Industry
58 Questions?
59 NRC Staffs Consideration of Options for a Potential Rulemaking on Security for Special Nuclear Material (SNM)
Marshall Kohen, Technical Advisor Office of Nuclear Security and Incident Response
60 Background
January 2015 - Final regulatory basis on Enhanced Security for SNM (ML14321A007)
April/June 2016 - Direction to suspend rulemaking activities August 2018 - Direction to staff to complete expedited, limited-scope rulemaking October 2019 - SECY-19-0095, Discontinuation of Rulemaking -
Enhanced Security of Special Nuclear Material (ML19157A084)
August 2021 - SRM-SECY-19-0095 - Provide a notation vote paper with options on enhanced security of SNM and the potential regulatory, resource, and timing impacts of the options (ML21217A065)
61 What are the proposed issues to be considered in the Commission paper?
A. Security for Category II quantities of SNM B. Consideration of 1 gray/hr at 1 meter external radiation level threshold exemption C. Security for spent nuclear fuel (use and storage /
transportation)
D. Security for alternate nuclear material (ANM)
E. Security for Categories I and III quantities of SNM
62 Schedule
- 1/30/23 - Public meeting on Category II SNM (Issue A)
- 2/28/23 - Public meeting on Category I and III SNM and ANM (Issues D & E)
- 4/11/23 - Public meeting on spent fuel, including 1 gray/hr at 1 meter external radiation level threshold exemption (Issues B & C)
- 10/2/23 - Commission paper due
63 Current NRC SNM Categorization Category I Category II Category III Plutonium and U-233 2 kg
< 2 kg and > 500 g 500 g and > 15g U-235 20% enriched 5 kg
< 5 kg and > 1 kg 1 kg and > 15g U-235 < 20% and 10%
enriched 10 kg
< 10 kg and > 1 kg U-235 < 10% enriched 10 kg
- From 10 CFR Part 110, Appendix M. Also see 10 CFR § 73.2, Definitions.
64 What is meant by Attractiveness?
Dilution Factor - measure of attractiveness The mass of the fissile material divided by the total mass of the fissile material and non-fissile materials (that are not mechanically separable from the fissile material, for solids)
Non-dilute Moderately dilute Highly dilute Risk-informed concept The less dilute the material, the more attractive it is to adversaries
65 What are the options the staff is considering for physical protection of Category II quantities of SNM (Issue A)?
NO RULEMAKING FOR CATEGORY II SNM Option 1 RULEMAKING Take into consideration material attractiveness Option 2 RULEMAKING No consideration of material attractiveness Option 3
66 What are the options the staff is considering for the external radiation level threshold (Issue B)?
NO RULEMAKING TO REVISE THE EXTERNAL RADIATION LEVEL THRESHOLD Option 1 RULEMAKING Revise the external radiation level threshold in 10 CFR 73.6(b) and conforming requirements Option 2
67 What are the options the staff is considering for physical protection of SNF (Issue C)?
RULEMAKING Revise facility &
transport security requirements for SNF storage casks
& transportation packages Option 3 NO RULEMAKING FOR SNF Continue case-by-case approach Option 1 NO RULEMAKING FOR SNF Develop guidance to assist licensees in calculating external radiation level Option 2
68 OPTION 2A Rulemaking for PP and MC&A for ANM OPTION 2B Rulemaking for PP of ANM; Defer MC&A RULEMAKING FOR ANM Options 2A & 2B What are the options the staff is considering for physical protection and MC&A for ANM (Issue D)?
OPTION 1A Status Quo - No Rulemaking for either PP or MC&A OPTION 1B Defer rulemaking until there is an application for reprocessing NO IMMEDIATE RULEMAKING FOR ANM Options 1A & 1B
69 NO RULEMAKING FOR CATEGORY I OR CATEGORY III SNM Option 1 OPTION 2A Consider SNM attractiveness, Category I and III orders, and INFCIRC/225/Rev.
5 OPTION 2B Performance-based regulations for Category I SNM; account for security orders and SNM attractiveness RULEMAKING Options 2A and 2B What are the options the staff is considering for physical protection of Category I and Category III SNM (Issue E)?
70 Summary
- All options, definitions and physical protection measures are pre-decisional and are subject to change
- Further opportunity for stakeholder review and input if Commission directs rulemaking
71 Public Participation At this time, the public is afforded an opportunity to ask questions and/or provide comments on the following topics:
- Clarification on RIL-2022-08
- Options for Rulemaking on Security for SNM
72 Jonathan Rowley, Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards Recap of Action Items
73 Closing Remarks Shana Helton, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards Janet Schlueter, Senior Director Fuel and Radiation Safety Nuclear Energy Institute