ML23153A158

Summary of May 3, 2023 Fuel Facilities Stakeholders Public Meeting

ML23153A158
Person / Time
Issue date:	06/02/2023
From:	Lav S, Rowley J NRC/NMSS/DFM/FFLB
To:	Shana Helton Division of Fuel Management
Shared Package
ML23153A157	List: ML23153A158
References
Download: ML23153A158 (10)

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: Samantha C. Lav, 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

SUMMARY

OF MAY 3, 2023, 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 May 3, 2023. 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 October 19, 2022, fuel facility stakeholder meeting; updates to the integrated schedule and its supplement; budget and fees; construction considerations; continued progress on the Smarter Licensing and Smarter Inspection programs; rulemakings impacting the fuel facility community; and fuel cycle industry observations.

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 301-415-4053June 2, 2023 Signed by Lav, Samantha on 06/02/23 Signed by Rowley, Jonathan on 06/02/23

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and Management System (ADAMS) under Accession Numbers: ML23116A205, ML23116A189, ML23116A190, ML23114A140, ML23114A141, and ML23114A142, respectively. No regulatory decisions or commitments were made during the meeting.

The activities started with the NRC staff providing an overview of the meetings category, purpose and logistics. Opening remarks were provided 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 provided an update on the resolution of the action items resulting from the October 2022 Fuel Facility Stakeholders Public Meeting. The action items included the following:

Action Item 1:

Make NRC meeting presentation materials public at least one week prior to the scheduled meeting date.

NRC has taken steps for planning and conducting the bi-annual fuel facility stakeholders meeting to facilitate issuing the meeting presentation materials to the public at least 7 days prior to the meeting.

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 last updated on May 1, 2023.

This action item is an ongoing periodic action. The integrated schedule is updated at least twice per year.

Action Item 3:

The NRC will consider linking the publicly available Division Instructions on the public webpage.

The four publicly available Division Instructions were linked on the Fuel Cycle Facility Regulations Guidance, Communications, and Fuel Facility Stakeholders Meetings webpage (https://www.nrc.gov/materials/fuel-cycle-fac/regs-guides-comm.html#cumeffects).

This action item is closed.

Action Item 4:

There is continued interest in having discussions on the NRC fee billing.

Fee billing was on the agenda for the May 3, 2023, stakeholders meeting.

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This action item is closed.

Action Item 5:

Industry and NRC to consider leveraging the capabilities of the BOX file sharing platform to enhance licensing review related communications.

Industry and NRC are evaluating extent of the use of BOX.

This action item will remain open.

Action Item 6:

The NRC staff will consider including Integrated Low-Level Waste Disposal Rulemaking and Enhanced Weapons Rulemaking on the agenda for the Spring 2023 meeting.

Separate, individual meetings are being arranged to discuss those rulemakings. Therefore, these items were not included on the agenda for the Spring 2023 stakeholders meeting.

This action item is closed.

Action Item 7:

Interest was expressed in future public discussions on fuel facility license renewal process.

NRC staff continues to evaluate the need for additional public meetings on this topic.

This action item will remain open.

Action Item 8:

Interest was expressed in having a presentation on Web-Based Licensing during a future stakeholders meeting.

NRC staff continues to evaluate the request.

This action item will remain open.

Action Item 9:

Interest was expressed in future public discussions regarding NUREG-2212 prior to its issuance.

A public meeting on NUREG-2212 Standard Review Plan for Applications for 10 CFR 6 Part 70 Licenses for Possession and Use of Special 7 Nuclear Materials of Critical Mass But Not Subject to 8 the Requirements in 10 CFR Part 70, Subpart H was held on January 18, 2023 (ML23018A017).

This action item is closed.

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Integrated Schedule Chart and Supplement Updates

The NRC staff provided updates made between October 2022 and May 2023 to the rulemaking and regulatory activities impacting the fuel cycle industry listed on the integrated schedule of the regulatory activities chart. The integrated schedule supplement was also updated with changes from October to May. A detailed summary of the changes to the chart is provided under ADAMS Accession Number ML23114A142. 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 industry and NRC staff discussed removing ANS 57.11 - Integrated Safety Assessment Standard from the integrated schedule chart since NRC is no longer supporting its development.

Fiscal Year 2023 Fee Rule and Fiscal Year Congressional Budget Justification

The NRC staff presented a generic timeline of the actions that were taken to generate the fiscal year (FY) 2023 budget and fee. The attendees were informed of the schedule for the FY 2023 Fee Rule, which is scheduled to be published in the summer of 2023. The NRC staff explained the drivers for the FY 2023 budget and how the budget impacts fees. The NRC staff expressed how important accurate scheduling information is in the ability to accurately budget. The industry was informed of the timeframe by which the NRC needs to know of schedule changes in order to affect the budget formulation for a given budget cycle.

The NRC staff also explained the drivers for the increase in the FY 2024 Congressional Budget Justification (CBJ) and the anticipated major licensing activities.

The industry discussed its interest in having the NRC revisit the effort factors used in the formulation of the budget. The industry proposed that the effort factors could be adjusted annually to move like the budget rather than remain fixed. The industry expressed interest in having a public meeting on the effort factors.

Current and Future Activities Recovered Through Annual Fees

The NRC staff presented slides on the activities recovered through annual fees for FY 2023 that were charged to the fuel facility business line. For each product line, the NRC staff provided examples of activities recovered through fees for service, annual fees, or that are fee exempt.

The NRC staff also discussed future work that will be recovered through annual fees in FY 2023

- 2024.

Construction Inspection Program Update for 10 CFR Part 70 Facilities and Smarter Inspection Program Self-Assessment

The NRC staff provided a status of the construction inspection program. The NRC staff informed the attendees that they are incorporating lessons learned from construction projects and continually improving and further risk-informing inspection procedures and processes.

Specifically, the NRC is updating inspection procedures and developing a prioritization scheme for inspecting items relied on for safety (IROFS) to improve construction inspection effectiveness. The IROFS prioritization tool will produce a ranking of IROFS specific to each facility based on the specific information provided in the integrated safety analysis summary.

The NRC staff is also developing guidance on inspecting at-risk construction, which will be relevant to many near-to medium-term construction projects.

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The NRC staff informed attendees that the self-assessment of the Smarter Inspection Program would be started in 2023, but not completed until 2024 to ensure that 3 full years of inspection data were available for review. The industry expressed interest in providing input to the self-assessment.

The industry expressed interest in participating in a workshop on the inspection procedures for construction and major modifications, which the NRC is planning for this summer.

Controlled Unclassified Information (CUI) Program Implementation Status

The NRC staff discussed the decision to delay its plans to transition to a CUI program on November 1, 2023, and recapped the key milestones achieved and activities undertaken toward CUI implementation to date. The recap included a discussion of the NRCs plans to delay its transition to CUI until the National Security Councils CUI interagency policy committee (IPC) completes an evaluation of CUI policy reforms proposed by Federal departments and agencies.

The NRC staff also reiterated some of the fuel cycle industry concerns and challenges that fuel cycle vendors discussed during the January 10, 2023, NRC CUI closed meeting (ML23019A373). Once further information is available from the CUI-IPC, including a path forward, the NRC staff plans to further assess the impact of CUI-IPC policy reforms on NRC staff and external stakeholders. The NRC staff will continue to keep NRC external stakeholders informed of the status as we learn more regarding the CUI-IPC efforts and outcome.

Smarter Licensing Program

The NRC staff provided an update on the Smarter Licensing Program. The update included a list of accomplishments, examples of program improvements resulting from the near-term and mid-term recommendations, and the status of the long-term recommendations.

The industry provided its observations of the NRC licensing program. The industry shared its experiences and observations with recent licensing actions and license renewal. The industry identified four themes based on its evaluation: (1) need for increased process clarity and predictability, (2) need for increased transparency and predictability, (3) need for increased management communication, and (4) need for routine reviews of major licensing actions.

The industry pointed out recent licensing actions involving the bifurcation of applications and associated exemptions. The industry requested that the NRC consider having a meeting or other interaction on the bifurcation of licensing applications so that the industry can get clarification on the process.

Clarification on Research Information Letter (RIL) 2022-08

The NRC staff introduced RIL 2022-08, Human Reliability Analysis of See-and-Flee Action using Integrated Human Event Analysis System for Event and Condition Assessment. The NRC staff provided a background of the RIL, the reason for the RIL, and potential use of the RIL within the fuel cycle industry.

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Options for a Potential Rulemaking on Security for Special Nuclear Material

The NRC staff provided an overview of the history of SECY-19-0095, Discontinuation of Rulemaking - Enhanced Security of Special Nuclear Material, and the options that the staff is developing for Commission consideration on enhanced security of special nuclear material.

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 Shana Helton, Director, DFM, and Janet Schlueter, Senior Advisor, Fuel and Low-Level Waste, NEI.

Adjourn

Neither the NRC staff, NEI, industry, nor members of the public raised further questions or comments, and the meeting was adjourned at 4:00p.m. The NRC staff plans to conduct its next fuel facility stakeholder meeting during the fall 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 public at least 7 days in advance of the meeting.

2. The NRC will continue to maintain an integrated schedule of regulatory activities chart on its public webpage.

3. The NRC will consider removing ANS 57.11 - Integrated Safety Assessment Standard from the integrated schedule chart.

4. The NRC will consider including a discussion of the use of effort factor matrix in the NRC fee formulation in the next Fuel Facility Stakeholder Meeting or as a separate public meeting.

5. The NRC will consider conducting a workshop in the summer of 2023 on revisions to Inspection Procedures for construction and major modifications.

6. The NRC will consider an appropriate forum for providing greater clarity on the bifurcation of licensing applications.

Enclosure:

List of Attendees

ML23153A157 (Pkg); ML23153A158 (Summary);

ML23116A205 (Notice); ML23116A190 (Presentation); ML23116A189 (NEI Presentation);

ML23114A140 (Chart); ML23114A141 (Chart Supplement);

ML23114A142 (Chart Summary)

OFFICE NMSS/DFM/FFLB/PM NMSS/DFM/FFLB/BC NMSS/DFM/FFLB/PM NAME JRowley SLav JRowley DATE 06/02/23 06/02/23 06/02/23 LIST OF ATTENDEES

May 3, 2023, FUEL FACILITY STAKEHOLDERS PUBLIC MEETING

Name Affiliation Dave Spangler BWXT Nuclear Operations Group, Inc. - Lynchburg (BWXT NOG-L)

Daniel Ashworth BWXT NOG-L Daniel Watts Centrus Energy Corp.

Tim Tate Framatome Inc.

Scott Murray Global Nuclear Fuel - Americas Faith Boyington Guest Matthew Marzano Guest Sean Patterson Honeywell Bob Sanders Honeywell Janet Schlueter NEI Melody Rodriguez NEI Robert Link NEI Consultant Tom Holly Nuclear Fuel Services Danielle Rogers Nuclear Fuel Services Jennifer Wheeler TRISO-X Jonathan Rowley U.S. Nuclear Regulatory Commission Annette Parker-Haynes U.S. Nuclear Regulatory Commission James Downs U.S. Nuclear Regulatory Commission Matt Bartlett U.S. Nuclear Regulatory Commission Stephen Poy 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 George Tartal U.S. Nuclear Regulatory Commission Matthew Learn U.S. Nuclear Regulatory Commission Janine Smith U.S. Nuclear Regulatory Commission Suzanne Ani U.S. Nuclear Regulatory Commission Andrew Carrera U.S. Nuclear Regulatory Commission Zee St. Hilaire U.S. Nuclear Regulatory Commission Alexis Sotomayor-Rivera U.S. Nuclear Regulatory Commission Robert Williams U.S. Nuclear Regulatory Commission

Enclosure 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 James Hammelman U.S. Nuclear Regulatory Commission Dave Roth U.S. Nuclear Regulatory Commission Anthony Masters U.S. Nuclear Regulatory Commission Christian Jacobs U.S. Nuclear Regulatory Commission Irene Wu U.S. Nuclear Regulatory Commission Latif Hamdan U.S. Nuclear Regulatory Commission Samantha Lav U.S. Nuclear Regulatory Commission Gregory Trussell U.S. Nuclear Regulatory Commission Shana Helton U.S. Nuclear Regulatory Commission Natreon Jordan U.S. Nuclear Regulatory Commission Loren Howe U.S. Nuclear Regulatory Commission Lynn Bates U.S. Nuclear Regulatory Commission Anthony Rossi U.S. Nuclear Regulatory Commission Daniel Forsyth U.S. Nuclear Regulatory Commission Lisa Dimmick 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 Ann Dumas U.S. Nuclear Regulatory Commission Billy Blaney U.S. Nuclear Regulatory Commission Cardelia Maupin U.S. Nuclear Regulatory Commission William Allen U.S. Nuclear Regulatory Commission Tom Boyce U.S. Nuclear Regulatory Commission Jenny Tobin U.S. Nuclear Regulatory Commission Chad Oelstrom U.S. Nuclear Regulatory Commission James Rubenstone U.S. Nuclear Regulatory Commission James Firth U.S. Nuclear Regulatory Commission Logan Crevelt U.S. Nuclear Regulatory Commission Fred Miller U.S. Nuclear Regulatory Commission Edward Madden U.S. Nuclear Regulatory Commission

2 Chris Markley U.S. Nuclear Regulatory Commission Kelly Sullivan U.S. Nuclear Regulatory Commission Justin Raudabaugh U.S. Nuclear Regulatory Commission Jeremy Tapp U.S. Nuclear Regulatory Commission Marilyn Diaz Maldonado U.S. Nuclear Regulatory Commission Joel Rivera Ortiz U.S. Nuclear Regulatory Commission Christine Galster U.S. Nuclear Regulatory Commission Antonio Mejia U.S. Nuclear Regulatory Commission William Shuster U.S. Nuclear Regulatory Commission Andres Trejo U.S. Nuclear Regulatory Commission Yoira Diaz Sanabria U.S. Nuclear Regulatory Commission Briana DeBoer U.S. Nuclear Regulatory Commission Jesse Carlson U.S. Nuclear Regulatory Commission Patrick Koch U.S. Nuclear Regulatory Commission Nicole Cortes U.S. Nuclear Regulatory Commission Noel Pitoniak U.S. Nuclear Regulatory Commission Glenn Tuttle U.S. Nuclear Regulatory Commission Joseph Grice U.S. Nuclear Regulatory Commission Jimmy Chang U.S. Nuclear Regulatory Commission Tim McCartin U.S. Nuclear Regulatory Commission Kenneth Kline U.S. Nuclear Regulatory Commission John Grasso U.S. Nuclear Regulatory Commission Milton Valentin U.S. Nuclear Regulatory Commission Marshall Kohen U.S. Nuclear Regulatory Commission Nicholas Peterka U.S. Nuclear Regulatory Commission Chris Schwarz URENCO USA Stephen Subosits Westinghouse

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