ML23191A156

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July 12, 2023, Public Meeting Summary Proposed Rule: Fusion Energy Systems
ML23191A156
Person / Time
Issue date: 07/20/2023
From: Dennis Andrukat
NRC/NMSS/DREFS/RRPB
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Download: ML23191A156 (6)
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Text

Public Meeting on the Proposed Rule: Regulatory Framework for F usion Energy Systems

U.S. Nuclear Regulatory Commission Public Meeting Summary July 20, 2023

Title:

Public Meeting on the Proposed Rule: Regulatory Framework for F usion Energy Systems

Meeting Identifier: 20230751 Date of Meeting: July 12, 2023

Location: Webinar (via Microsoft Teams)

Type of Meeting: Information Meeting with a Question-and-Answer Session

Purpose of Meeting:

The U.S. Nuclear Regulatory Commission (NRC) staff hosted a pub lic meeting to inform the public that the staff has commenced work on a proposed rule to develop a regulatory framework under Title 10 of the Code of Federal Regulations (10 CFR) Part 30 for fusion energy systems and to develop guidance under NUREG-1556 Consol idated Guidance About Materials Licenses. The staff encouraged public feedback during the meeting; however, no formal responses will be issued. This feedback disc ussion was intended to help staff develop the proposed rule.

General Details:

The NRC is proposing to amend its regulations in 10 CFR 30 to p rovide a regulatory framework for fusion energy systems.

As part of the proposed rule, the NRC staff also intends to iss ue, for public comment, the following supporting materials:

  • draft guidance under a new volume (Volume 22) of NUREG-1556
  • a draft regulatory analysis (cost analysis)
  • an environmental assessment
  • a supporting statement for any proposed information collection s under the Paperwork Reduction Act

The virtual meeting consisted of one NRC presentation providing an overview of the Commissions direction for this proposed rule, four stakeholder presentations providing their feedback on what this rule should accomplish, and finally a question-and-answer session where the public was invited to pose any additional fee dback and questions to the NRC. The meeting was well attended by 156 participants, inc luding NRC staff, fusion companies, Fusion Industry Association, academia, Agreement Sta tes, non-government organizations, Department of Energy, and other members of the p ublic.

Summary of Presentation:

Dennis Andrukat of the NRC opened the meeting, introducing hims elf as the Project Manager for this rule and acting as the meetings facilitator. Mr. Andrukat described the purpose of the meeting - to present an overview of the proposed rule and to listen to public feedback on what this rule should accomplish. Mr. Andruk at then discussed

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logistics of the meeting and advised participants on the featur es of the webinar platform.

Mr. Andrukat noted the agenda in which the first half of the me eting will be presentations by the NRC staff and various stakeholders, followed by a short break, and the remaining half of the public meeting will be an open question and answer session. Mr. Andrukat provided instructions for how members of the public attending v ia Microsoft Teams or via the phone could ask questions or offer comments. Mr. Andrukat e xpressed the desire that the meeting will help the NRC staff better understand stak eholder ideas and concerns related to the development of the proposed rule. Mr. A ndrukat encouraged public participation during the meeting from all stakeholders b ut noted that the NRC will not provide any formal responses to the feedback and questions offered during the meeting. Mr. Andrukat then introduced the speakers for this pub lic meeting.

Mr. Andrukat then turned the meeting over to the NRCs Theresa Clark, Deputy Director for the Division of Materials Safety, Security, State, and Trib al Programs (MSST) in the Office of Nuclear Material Safety and Safeguards (NMSS). Ms. Cl ark welcomed everyone and gave the opening remarks before turning the meetin g back over to Mr.

Andrukat.

The meeting then commenced with the presentations and Mr. Andru kat turned the meeting over to the rulemakings technical lead: the NRCs Duncan White, NMSS/MSST. Mr. White began his slide presentation by providing a short overview of the background of the rulemaking. Mr. White highlighted the Com mission direction to pursue a regulatory framework under the Part 30 Byproduct Mater ial framework. Mr.

Andrukat added a high-level overview of the NRCs rulemaking pr ocess, where we are today in that process, the public milestone dates, the proposed opportunities for public engagement, and a general idea of the types of supporting docum ents before handing the meeting back to Mr. White.

Mr. White continued the NRCs overview of the Commissions dire ction for this rulemaking, highlighting the planned structure for rule and the implementation guidance (NUREG-1556, Volume 22), key areas and topics to be addressed, and the staffs outreach plans.

Next, Mr. Andrukat turned the meeting over to the following sta keholders who presented their slides:

  • University of Wisconsin-Madison - Laila El-Guebaly - Inquiry to Develop Fusion-Specific Standards to Regulate Radioactive Waste of Fusi on Energy System
  • Fusion Industry Association (FIA) - Andrew Holland - NRC Meet ing: Regulatory Framework for Fusion Energy Systems
  • Helion - Sachin Desai - Introduction to Helion: Rulemaking fo r Fusion Energy Systems
  • Commonwealth Fusion Systems (CFS ) - Tyler Ellis Ph.D. - CFS Regulatory Presentation

This concluded the presentation portion of the meeting.

Public Feedback and Questions:

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Below is a high-level summary of the feedback offered by the st akeholders for the NRC staff to consider as they develop the draft proposed rule and t he draft implementation guidance.

  • In general, stakeholders agreed on utilizing a 10 CFR Part 30 byproduct material regulatory framework.
  • The four stakeholder presentations offered many questions and suggestions for the NRC staff to consider including waste management, definitio ns, regulation changes, export controls, fusion types and characteristics, and offers to develop guidance.
  • A stakeholder suggested the gui dance could mirror NUREG-1556, Volume 21, Program-Specific Guidance About Possession Licenses for Produc tion of Radioactive Material Using an Accelerator.
  • A stakeholder asked about the rulemaking timeline and if the N RC had the needed resources to complete the rulemaking and guidance.
  • A stakeholder asked about the interfacing with other federal a gencies.
  • A stakeholder suggested that for near-term fusion energy syste ms, a 10 CFR Part 30 framework would be acceptable. However, for fusion ener gy systems developed in the longer-term, then a more fulsome, standalone r egulatory framework should be established. This stakeholder also advocate d the use of fusion energy as a means towards a cleaner climate.
  • Numerous stakeholders presented feedback related to waste mana gement and welcomed the waste-related information presented. Feedback incl uded:

o highlighting the NRCs current 10 CFR Part 61, low-level waste rulemaking and asked if fusion-related material should be inclu ded in that rulemaking.

o questions on whether to update the 10 CFR 61.55 waste classifi cation tables with fusion-related material and whether to identify a m aximum limit for low-level, greater-than Class C materials.

o question on whether the comparison of potential fusion-related wastes and waste from the current power reactor fleet captured annual waste production or was based only on core volumes.

o a comment that waste volume comparisons might be premature bec ause they relied on research reactors and commercial systems could u se different technologies and would be designed to minimize waste production.

o a stakeholder agreed with the use of 10 CFR Part 61 and asked about the use of an accelerator model.

o agreement that this is an issue for further refinement and con sideration.

  • Numerous stakeholders mentioned export controls and are commit ted to ensuring they continue to meet and maintain the export control framework in-place today.
  • A stakeholder asked whether 10 CFR Part 51, regarding environm ental-related requirements, would need to be changed for fusion energy system s.
  • In general, stakeholders eagerly offered to help the NRC staff to develop the rule and associated guidance (or to develop their own guidance for N RCs approval for use).

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Public Meeting on the Proposed Rule: Regulatory Framework for F usion Energy Systems

Closing:

Mr. Andrukat made brief closing re marks, thanking everyone for their time and attention.

Mr. Andrukat displayed a slide with the rules www.regulations.gov Docket ID number (NRC-2023-0071), the public repository for key documents related to the development of this rulemaking, as well as cont act information and the NRCs new public website for Fusion Energy Systems.

Mr. Andrukat informed participants of the public meeting feedback form available on the NRC Public Meeting Schedule website and ended the meeting by stating that the NRC looks forward to the publics comments on the proposed rule.

Action Items/Next Steps:

  • The staff will review the feedback for consideration in the dr afting of the rule and guidance.
  • The staff anticipates the next public meeting to be held in Oc tober 2023.

Related Documents:

  • ML23191A146 - ADAMS PACKAGE: 07/12/2023 - Public Meeting -- Proposed Rule: Regulatory Framework for Fusion Energy Systems o ML23191A154 - 07/12/2023 - Notice of Public Meeting to Discuss the Proposed Rule: Regulatory Framework for Fusion Energy Systems o ML23191A153 - 07/12/2023 - Public Meeting Presentation -- Proposed Rule: Regulatory Framework for Fusion Energy Systems o ML23191A156 - 07/12/2023 - Public Meeting Summary -- Proposed Rule: Regulatory Framework for Fusion Energy Systems Information Referenced During Public Meeting:
  • ML23103A449 - SRM-SECY-23-0001, STAFF REQUIREMENTS - SECY 0001 - Options for Licensing and Regulating Fusion Energy Syste ms, dated April 13, 2023
  • NRC Public Website for Fusion Energy Systems:

https://www.nrc.gov/materials/fusion-energy-systems.html

  • Link to FIAs industry reports:

https://www.fusionindustryassociation.org/news/from-the-fia/#industry-reports

  • ML22243A083 - Letter from Helion to NRC, Classification of Fusion Devices as Particle Accelerators; and Supplementing Common Defense & Secur ity Discussions, dated August 12, 2022

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  • Regulations.gov Website for Docket ID: NRC-2023-0071:

www.regulations.gov/docket/NRC-2023-0071

5 ML23191A156 LIST OF ATTENDEES*

JULY 12, 2023, PUBLIC MEETING TO DISCUSS THE PROPOSED RULE: Regulatory Framework for Fusion Energy Systems EXTERNAL STAKEHOLDERS NRC EXTERNAL STAKEHOLDERS Dennis Andrukat** Laila El-Guebaly** Matt Hendrickson (ODOE)

Duncan White** Andrew Holland** Matthew Greenwood Allyce Bolger Sachin Desai** Matthew Lipka Amy Hull Tyler Ellis** Megan L. Shober (DHS)

Andrew Proffitt Adam Maslowski Megan Wart Boby Abu-Eid Alison Brown Meghan Cromie (CDPHE)

Candace Spore Ane Lasa Melvin J Weatherly (DOH)

Carrie McCann Andrew Holcomb Michael Hua Charles Murray Ashley Forbes Mike O'Neill Christian Einberg Augustinus Ong Mike Stephens Christianne Ridge Austin J. Nowak (DHS) Pascal Dumont Christopher Grossman Becki Harisis Philip Justin Keb Christopher Ulmer Bibake Uppal Phillip Peterson (CDPHE)

Cindy Bladey Bill Dundulis (RIDOH) Robert Custodio Cindy Rosales-Cooper Brenda Garcia-Diaz Robert C. Harris Daniel Dimarco Brian Vamvakias (DSHS) Robert Jennings Daniel Shaw Bruce Hammond (DSHS) Rose Yankoski (VDH)

Dave McIntyre Cameron Williams Ryanne Kennedy (MPR)

David Cullison Charles Burns Sara Castegini Donald Palmrose Charlyne A Smith Scott Clausen Duane White Chris Ajemian Scott Landry (CDPH)

Ethan Licon Chris Faranetta Sean Williams Helen Chang Corey Creveling Sheila Nelson (VDH)

Hossein Esmaili Cortney Dillard Sidney L. Fowler Ilka Berrios Dan Andrei Stacey French Isaac Johnston Dave Babineau Stefanie Blum (DSHS)

Jack Cowan David Matos Susan Gallier James Anderson Derek Bailey (CDPHE) Szymon Mudrewicz (DPH)

Jeff Poehler Diane Demers Teodori Michael Jill Shepherd Diego S. Saenz (DHS) Todd M. Anselmi Jonathan Fiske Don Gregoire Trent Bauserman Joseph Staudenmeier Edward Khatchatrian Undria McCallum Kenneth Erwin Eric Skotak (DSHS) Xinhan (Henry) Tao Kevin Williams Floyd DesChamps Zachary Johnson Leah Smith Forrest Weston (DSHS)

Lee Smith Gene Nardella Linda Howell Guinevere Shaw Lisa Dimmick Hesham Y. Khater Mari de Jesus Ian Miner Marilyn Diaz Maldonado Ira Schneider (CDPH)

Neil Sheehan Jana Bergman Patricia Cline-Thomas Jarrett Mack Robert Tregoning Jeffrey S. Merrifield Ronald Raunikar Jennifer Elee Sandra Talley Jerry Bingaman Sarah Spence Jim Klein Scott Burnell Joseph McCarthy (CDPH)

Shah Malik Kaci Studer Sheldon Clark Kasey McGinty Stephen Philpott Kate Hyam Steven Lynch Kathy McCarthy Suzanne Dennis Kenath Traegde (DPH)

Theresa Clark Kevin Quach (CDPH)

Tricia Lizama Lisa Bruedigan (TX DSHS)

Tyler Hammock Luke Thomson Wendy Reed Mark D Paulson (DHS)

  • List does not contain attendees who participated via a phone line or who did not provide first and last names
    • Presenter

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