ML23258A182

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November 9, 2023 Public Meeting Summary - Fusion Systems Proposed Rule
ML23258A182
Person / Time
Issue date: 11/09/2023
From:
Office of Nuclear Material Safety and Safeguards
To:
References
RIN 3150-AL00, NRC-2023-0071, NRC-006
Download: ML23258A182 (6)
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Text

Public Meeting on the Proposed Rule: Regulatory Framework for Fusion Systems U.S. Nuclear Regulatory Commission Public Meeting Summary December 15, 2023

Title:

Proposed Rule: Regulatory Framework for Fusion Systems Meeting Identifier: 20231014 Date of Meeting: November 9, 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 three public meetings on the proposed rule that would form the regulatory framework for fusion systems under Title 10 of the Code of Federal Regulations (10 CFR) Part 30, Rules of General Applicability to Domestic Licensing of Byproduct Material. The purpose of the three meetings was to share the staffs progress on the preliminary proposed rule language (on October 11, 2023), preliminary draft guidance (NUREG-1556, Consolidated Guidance About Materials Licenses, Volume 22) (on November 1, 2023), and specific topics (on November 9, 2023). The November 9, 2023, meeting, the third of the three, focused on certain specific topics. The staff encouraged feedback from all stakeholders during these meetings. The staff will consider the feedback; however, no formal responses will be issued. This feedback discussion was intended to help staff develop the proposed rule.

General Details:

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

As part of the proposed rule, the NRC staff also intends to issue, 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  • draft guidance under a new volume (Volume 22) of NUREG-1556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 collections under the Paperwork Reduction Act This November 9, 2023, meeting focused on certain specific topics including material security, emergency preparedness (which included three questions for the attendees),

waste management, contents of application: facility and equipment, and contents of application: tritium bioassay. The virtual meeting consisted of one NRC presentation followed by a question-and-answer session where the public was invited to pose any feedback and questions to the NRC. The meeting was well attended by 115 participants, including academia, Agreement States, federal agencies, fusion industry, Fusion Industry Association, international stakeholders, non-government organizations, other 1 ML23258A182

Public Meeting on the Proposed Rule: Regulatory Framework for Fusion Systems members of the public, and NRC staff. The meeting was transcribed, and the transcription can be found in ADAMS ML23258A181.

Summary of Presentation:

Dennis Andrukat of the NRC opened the meeting, introducing himself as the rulemaking project manager for this rule and acting as the meetings facilitator. Mr. Andrukat described the purpose of the meeting which was to provide specific topics of the preliminary proposed rule and guidance, and to listen to public feedback on what the rulemaking should accomplish. Mr. Andrukat then discussed the meeting logistics and advised participants on the features of the webinar platform. Mr. Andrukat noted the agenda in which the first half of the meeting included presentations by the NRC staff and various stakeholders, followed by a short break (which was not needed), and the remaining half of the public meeting consisted of an open question and answer session.

Mr. Andrukat provided instructions for how members of the public attending via Microsoft Teams or via the phone could ask questions or offer comments. Mr. Andrukat communicated that the meeting will help the NRC staff better understand stakeholder ideas and concerns related to the development of the proposed rule. Mr. Andrukat encouraged public participation during the meeting from all stakeholders but noted that the NRC will not provide any formal responses to the feedback and questions offered during the meeting. Mr. Andrukat noted that this meeting was going to be transcribed and speakers need to identify themselves and their affiliation for the record. Mr.

Andrukat then introduced the speakers for this public meeting.

Mr. Andrukat then turned the meeting over to the NRCs Adelaide Giantelli, Branch Chief of the State Agreement and Liaison Programs Branch (SLPB) in the Division of Materials Safety, Security, State, and Tribal Programs (MSST) in the Office of Nuclear Material Safety and Safeguards (NMSS). Ms. Giantelli welcomed everyone and gave the opening remarks before turning the meeting back over to Mr. Andrukat.

Mr. Andrukat provided additional meeting logistics and then turned the meeting over to the rulemakings technical lead: the NRCs Duncan White, NMSS/MSST/SLPB, who commenced with the presentations. Mr. White began his slide presentation by providing a very brief overview of the rulemaking and introduction to todays presentation.

Afterwards, the following presenters give their presentations:

presented on material security. A short question-and-answer session was held for material security related questions before Mr. Whites early departure from the meeting. A summary of the material security feedback is presented in the public feedback ad questions section below.

  • Diego Saenz, State of Wisconsin, presented on Content of Application: Facility and Equipment

This concluded the presentation portion of the meeting.

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Public Meeting on the Proposed Rule: Regulatory Framework for Fusion Systems Public Feedback and Questions:

Below is a summary of the feedback provided by the stakeholders for the NRC staff to consider as the NRC staff develops the draft proposed rule and guidance.

  • In general, stakeholders continued to have no objection for the proposed use of a 10 CFR Part 30 byproduct material regulatory framework and appreciated hearing the staffs preliminary thoughts on the specific topics presented.
  • The NRC staffs presentation offered several comments, questions, and suggestions for the NRC staff to consider including, guidance, contents of application, and the topics discussed.
  • Numerous stakeholders presented feedback related to material security, including:

o A stakeholder asked about the thresholds in 10 CFR Part 37, and any process for determining and identifying materials that may be irradiated, and the basis for the list of the materials instead of a Category 1 or 2 determination.

o A stakeholder asked the staff to elaborate on staffs proposal to not add tritium (which is not a new isotope) to the list for 10 CFR Part 37.

o A stakeholder asked if there is any list of isotopes available where the NRC has already evaluated to be considered for the tables in 10 CFR Part 37, but decided it wasn't necessary to be included.

  • Numerous stakeholders presented feedback related to the emergency preparedness (EP) questions 1 presented by the NRC staff, including:

o A stakeholder presented a general concern that the EP questions may be adding or treating fusion differently than other byproduct material licensees.

o Several stakeholders presented comments on EP Question 1 including:

  • The use of the terminology compared to NUREG-0654.
  • Emergency classification definitions, specifically the general emergency definition, and comparing fusion systems to fission nuclear power plants which have progressing emergency events and potentially different offsite risks.
  • A concern the rulemaking scope may be extending to all of 10 CFR Part 30.
  • Connecting specific performance-based criteria to the overall fusion systems operations.

o Two stakeholders presented comments on EP Question 2 including:

  • The scope of the Commissions direction in SRM-SECY-23-0001 in deciding to a 10 CFR Part 30 by product material framework.
  • The Schedule C threshold and guidance.

o Two stakeholders (one Agreement State stakeholder and one fusion designer stakeholder) provided comments on EP Question 3, including 1 See ML23258A180 - 11/9/2023 - Public Meeting Presentation, slides #13-15 3 ML23258A182

Public Meeting on the Proposed Rule: Regulatory Framework for Fusion Systems that the current requirements, guidance, tools, and preliminary rulemaking requirements and guidance appear to be sufficient.

  • Numerous stakeholders presented feedback related to waste management, including:

o A stakeholder asked for the basis for it not articulating a specific value and meaning on the existing 10 CFR 61.402 regarding the proposed change, to 20.2008, the existing guidance in the 10 CFR Part 61 and 10 CFR 61.402 which focuses on protections for individuals who inadvertently intrude, and the reference to using 5 mSv dose threshold.

o A stakeholder asked about the decay in storage for disposal of radioactive waste.

  • In general, stakeholders appreciated the staffs progress and interaction opportunities.

Closing:

Mr. Andrukat made brief closing remarks, 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 contact information and the NRCs new public website for Fusion 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.

The meeting ended early at 3:01pm ET.

Action Items/Next Steps:

  • The staff will review the public meetings feedback for consideration in the drafting of the rule and guidance.

Public Meeting Documents:

  • ML23258A174 - ADAMS PACKAGE: 11/9/2023 - Public Meeting -- Proposed Rule: Regulatory Framework for Fusion Systems o ML23254A327 - 11/9/2023 - Notice of Public Meeting to Discuss the Proposed Rule: Regulatory Framework for Fusion Systems o ML23258A180 - 11/9/2023 - Public Meeting Presentation - Proposed Rule: Regulatory Framework for Fusion Systems o ML23258A181 - 11/9/2023 - Public Meeting Transcript - Proposed Rule:

Regulatory Framework for Fusion Systems o ML23258A182 - 11/9/2023 - Public Meeting Summary -- Proposed Rule:

Regulatory Framework for Fusion Systems Information Referenced:

  • ML23258A169 - 11/1/2023 - Public Meeting Summary -- Proposed Rule:

Regulatory Framework for Fusion Systems 4 ML23258A182

Public Meeting on the Proposed Rule: Regulatory Framework for Fusion Systems

  • ML23258A146 - 10/11/2023 - Public Meeting Summary -- Proposed Rule:

Regulatory Framework for Fusion Systems

  • ML23258A145 - Handout: Preliminary Proposed Rule Language - October 2023
  • ML23103A449 - SRM-SECY-23-0001, STAFF REQUIREMENTS - SECY 0001 - Options for Licensing and Regulating Fusion Energy Systems, dated April 13, 2023

LIST OF ATTENDEES*

November 9, 2023, PUBLIC MEETING - Proposed Rule: Regulatory Framework for Fusion Systems NRC EXTERNAL STAKEHOLDERS Aaron Kwok Adam Ekstedt Adelaide Giantelli** Alex Damiani Allyce Bolger** Alyse Peterson Barry Miller Andrew Holcomb Binesh Tharakan Andrew Holland Boby Abu-Eid Andrew Proffitt Catherine Kanatas Andrew Zach Caty Nolan Anthony Garcia Caylee Kenny Ashley Forbes Charles Murray Auggie Ong Christian Einberg Bethany Colling Christianne Ridge** Bill Dundulis Christopher Ulmer Brenda Tubbs Cindy Rosales-Cooper Chris Ajemian Daniel Dimarco Corinne Mitchell Dave McIntyre Dale Hitchcock Dennis Andrukat** Daniel Samson Don Johnson Dave Babineau Donald Palmrose Devin Mussell Duane White** Diego Saenz**

Duncan White** Don Gregoire Ethan Licon Emily Brower Francheska Colón González Eric Sezgen Gary Purdy Evan Koelker Greg Bowman Floyd DesChamps Helen Chang Hawkins DeFrance Howard Benowitz Ian Irvin Isaac Johnston Ian Miner Jackie Cook Jana Bergman Jeff Poehler Jane Hotchkiss Jessica Bielecki Jennifer Ganten Joey Rolland John Siciliano Jonathan Fiske Karen Gibson Joseph Staudenmeier Kinsey Boehl June Cai Leigh Lloveras Lee Smith Lisa Davies Linda Howell Masashi Shimada Lisa Dimmick Matt Hendrickson Mari de Jesus Matthew Lipka Michael Waters Melvin Weatherly Michelle Albert Michael Costello Nanette Valliere Mike O'Neill Ossy Font Nathaniel Kishbaugh Patricia Cline-Thomas Pascal Dumont Robert Fisher Patrick White Robert Tregoning Phillip Peterson Ronald Raunikar Rich Hawryluk Sarah Spence Robert Jennings Scott Burnell Robert Sindelar Soly Soto Lugo Sally Forbes Suzanne Dennis Scott Clausen Ted Smith Scott Hsu Todd Smith Sidney Fowler Vicki Bier Stefanie Blum Stephen Burdick Steven Arndt Todd Clark Tyler Ellis Victoria Diana Hypes-Mayfield

  • List does not contain attendees who participated via a phone line or who did not provide first and last names. ** Presenter 6 ML23258A182
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