VR-SECY-23-0029, Rulemaking Plan for the Implementation of Changes to Reflect Advanced Reactor Export Licensing Considerations (Caputo)
| ML23136A601 | |
| Person / Time | |
|---|---|
| Issue date: | 04/28/2023 |
| From: | Annie Caputo NRC/OCM |
| To: | Brooke Clark NRC/SECY |
| Shared Package | |
| ML23136A590 | List: |
| References | |
| SECY-23-0029, SRM-SECY-23-0029 VR-SECY-23-0029 | |
| Download: ML23136A601 (3) | |
Text
POLICY ISSUE NOTATION VOTE RESPONSE SHEET TO: Brooke P. Clark, Secretary FROM: Commissioner Caputo
SUBJECT:
SECY-23-0029: Rulemaking Plan for the Implementation of Changes to Reflect Advanced Reactor Export Licensing Considerations Approved X Disapproved Abstain Not Participating COMMENTS: Below Attached X None Digitally signed by Annie Annie Caputo Date: 2023.04.28 Caputo 14:33:23 -04'00' Entered in STAR Yes X Signature No
Commissioner Caputos Comments on SECY-23-0029, Rulemaking Plan for the Implementation of Changes to Reflect Advanced Reactor Export Licensing Considerations The staff proposes to initiate a rulemaking that would revise the NRCs regulations in Title 10 of the Code of Federal Regulations (10 CFR) Part 110, Export and Import of Nuclear Equipment and Material, (Part 110) to more clearly incorporate advanced reactor 1 concepts. I appreciate the staffs forward thinking on this matter and willingness to undertake a rulemaking that should result in a more efficient use of our export licensing resources. The gaps identified by the staff as part of the Advanced Reactor Exports Working Groups (AREWG) efforts 2 would be best addressed through a Part 110 rulemaking. The NRCs ability to support efficient advanced reactor export licensing is consistent with our Principles of Good Regulation and aligns with other agency initiatives focused on advanced reactor readiness. Therefore, I agree with the staffs recommendation and approve Option 3 from SECY-23-0029, with the following comments that should be used to inform the planned rulemaking effort.
An assessment of the conceptual designs proposed by advanced reactor vendors suggests that there may be other changes worth considering as part of the Part 110 rulemaking plan beyond those identified in the AREWG report and SECY-23-0029. For example, many small, heat-pipe reactor designs use a combination of control rods and control drums as means for controlling reactivity. 3 The existing language in Part 110 Appendix A (Appendix A) item 3 suggests that control drums would not be captured by the current regulations. The staff should consider modifications to Appendix A that would capture control drums or other novel equipment used for reactivity control.
Additionally, certain non-light water reactor designs, such as sodium fast reactors, will operate at or near atmospheric pressure. For these reactors, the design restrictions and nomenclature vary from water-cooled reactors which typically operate at much higher pressures and therefore require establishment of pressure boundaries using specific equipment; this is reflected in Appendix A (e.g., reactor pressure vessels in item 1). For example, certain designs may propose to replace the term reactor pressure vessel with reactor vessel to reflect the differences in design and operating conditions. 4 Given this, the staff should consider whether including the term pressure in Appendix A item 1 is appropriate and whether Appendix A item 5 should be modified to capture this different nomenclature to ensure that the requirements are technology inclusive.
The AREWG evaluated molten salt reactors (MSRs) and fluoride salt-cooled high temperature reactors (FHRs) as part of its technology assessment. Both types of advanced reactors use salt as a coolant. The phrase salt as a coolant could imply fissile fuel dissolved into the salt coolant (e.g., MSR) or the use of salt as a coolant which flows around solid fuel (e.g., FHR). This is an 1 For the purposes of this SECY, the staff considered advanced reactors to be any non-light water reactor design.
2 NRC Staff Report, U.S. Nuclear Regulatory Commission Preparations for the Export of Advanced Reactors, July 19, 2021, Agencywide Documents Access and Management System (ADAMS) Accession No. ML21194A213.
3 See e.g., Westinghouse Electric Company, eVinci Microreactor Overview - Non-Proprietary Open Presentation, February 22, 2023 (ML23053A351); Oklo Inc., Part II: Final Safety Analysis Report, Revision 0, March 11, 2020 (ML20075A003).
4 TerraPower, Plant and Licensing Strategy Overview, March 31, 2023, ADAMS Accession No. ML23090A228.
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important design distinction, and it is relevant to the staffs recommendation to add salt to the list of illustrative items in Appendix A. However, it is unclear from SECY-23-0029 or the AREWG report whether the phrase salt as a coolant as used by the staff refers to the use of salt in MSR designs, FHR designs, or both. The staff should ensure that there is clarity regarding the proposed addition of this substance to the regulations in Part 110.
Lastly, given the broad spectrum of designs under consideration by advanced reactor vendors, the staffs rulemaking plan should consider the inclusion of a specific request for comment from stakeholders on whether the scope of the rule is sufficiently clear and comprehensive such that it would avoid excessive jurisdictional determination requests in the future.
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