ML23283A116
| ML23283A116 | |
| Person / Time | |
|---|---|
| Issue date: | 10/31/2023 |
| From: | Joseph Sebrosky NRC/NRR/DANU/UARP |
| To: | |
| Shared Package | |
| ML23283A092 | List: |
| References | |
| DANU-ISG-2022-03 | |
| Download: ML23283A116 (1) | |
Text
Analysis of Public Comments on Draft DANU-ISG-2022-03 Advanced Reactor Content of Application Project Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste Comments on the draft interim staff guidance (ISG) are available electronically at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can access the Agencywide Documents Access and Management System (ADAMS), which provides text and image files of the U. S. Nuclear Regulatory Commission (NRC) public documents. The following table lists the comments the NRC received on the draft ISG.
Comment Number ADAMS Accession Number Commenter Affiliation Commenter Name NRC-2022-0076-DRAFT-0002 ML23194A209 Hybrid Power Technologies LLC Michael F. Keller NRC-2022-0074-DRAFT-0006 ML23229A120 Nuclear Energy Institute Ben Holtzman Commenter Topics Section of Specific Comment NRC Staff Response Identifier Document NRC-2022- References to Purpose, p1 Delete all requirements in the ISG that rely on speculation The NRC staff disagrees with this comment.
0076-DRAFT- Part 53 Background, p2 of prospective elements in the proposed and unapproved 0002 - 1 Backfitting, p13 10CFR53 and planned amendments to 10CFR50 and 52. The guidance in the ISG is based on the requirements in existing Appears the NRC staff is attempting to use the ISG for regulations (i.e., 10 CFR Parts 20, 50 and 52). The references to back fitting, considering that a number of new future Part 53 are only for general background information. The ISG requirements are apparently being proposed that are does not address any proposed Part 53 requirements.
outside the existing Code of Federal Regulations and industry codes/standards. Citing the unapproved 10CFR53 The Nuclear Energy Innovation and Modernization Act (NEIMA) or intended amendments to 10CFR50/52 as a justification specifies, in part, that the NRC develop strategies for the increased use for new requirements, even on an interim basis, is of of risk-informed, performance-based licensing evaluation techniques 1
Commenter Topics Section of Specific Comment NRC Staff Response Identifier Document doubtful validity. If simplifications (i.e. fewer and guidance for commercial advanced nuclear reactors within the requirement) are intended, then state reason for such existing regulatory framework. The Advanced Reactor Content of simplifications (e.g. refer to Nuclear Modernization Act). Applications (ARCAP) and this ISG are part of the implementation of that strategy.
No change has been made to the ISG.
NRC-2022- Rule Application Identify the topic of the reference 10CFR50.xxx, 52.xxx. The NRC staff disagrees with this comment.
0076-DRAFT- reference Guidance, p4. 5th Overly difficult to follow intent of section.
0002 - 2 topics paragraph Page 3 of the ISG provides the titles for the various referenced Part 50 and Part 52 sections. It is unnecessary to repeat this information on page 4.
No change has been made to the ISG.
NRC-2022- Radiation Section 9.1, liquid 10 CFR 20.1101(b). Add to extent practical as well as The NRC staff agrees with this comment.
0076-DRAFT- protection and gaseous actual text of cited section(s). The staff has omitted a key 0002 - 3 programs effluents, p5 consideration embedded in the subject CFR. The staff The referenced ISG text is revised to add the phrase to the extent should not alter the actual text associated with using practical to be consistent with the text in 10 CFR 20.1101(b).
various 20.xxxx sections, as new requirements appear to be morphing from such omissions/additions.
NRC-2022- Dose limits Section 9.1, liquid Various citations to 10CFR1302, 1301. The staff should The NRC staff disagrees with this comment.
0076-DRAFT- for individual and gaseous not alter the text associated with apparently paraphrasing 0002 - 4 members of effluents p5 citations to various sections, as new requirements appear The ISG text describing 10 CFR 20.1301 and 20.1302 accurately the public to be morphing from such omissions/additions. reflects the rule requirements.
No change has been made to the ISG.
NRC-2022- Analysis of Section 9.1. Delete reference to detailed calculations. The staffs The NRC staff partially agrees with this comment.
0076-DRAFT- effluents liquid and gaseous claim that detailed calculations are required is not 0002 - 5 effluents, p6, 1st supported by the cited sections of 10CFR50.xx, 52.xx. The referenced regulations on page 6, first paragraph, specify, in part, paragraph Also, appears that the staff is manufacturing new that an application should include a description of the equipment and requirements that are not risk based, contrary to the procedures for the control of gaseous and liquid effluentsand an Modernization Act. estimate of (i) The quantity of each of the principal radionuclides expected to be released annually to unrestricted areas. These requirements are explained on page 3.
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Commenter Topics Section of Specific Comment NRC Staff Response Identifier Document This ISG is revised in Section 9.1, and Item (g) in Section 9.1.1, to remove the word detailed when referencing system descriptions and analysis. The ISG does not use the term calculation.
Regarding the NEIMA, refer to the response to comment NRC-2022-0076-DRAFT-0002 - 1.
NRC-2022- Estimate of Section 9.1. Delete requiring identification of summary of estimated The NRC staff disagrees with this comment.
0076-DRAFT- dose liquid and gaseous doses. As long as the doses are below threshold limits, 0002 - 6 effluents, p6, 2nd there is no sound reason to include the requested The staff is specifying in the ISG, as an alternate to providing estimates paragraph information in the PSAR or FSAR. Means that a of the quantity of each of the principal radionuclides expected to be PSAR/FSAR change is necessary if calculations are released annually to unrestricted areas, that an estimate of dose be modified, even though discharges remain below threshold included as a more streamlined approach to demonstrating that the limits. Appears that the staff is manufacturing new applicant meets the regulations for effluent releases.
requirements that are not risk-based, contrary to the Modernization Act. Regarding the NEIMA, refer to the response to comment NRC-2022-0076-DRAFT-0002 - 1.
No change has been made to the ISG.
NRC-2022- Principal Section 9.1.1 p8, Open ended. Instead, applicant should identify industry The NRC staff disagrees with this comment.
0076-DRAFT- design criteria item f standards intended for design, construction and operation.
0002 - 7 By definition, this ISG involves issues that are far 10 CFR 50, Appendix A, requires that [u]nder the provisions of § removed representing an undue risk to the public. In the 50.34, an application for a construction permit must include the context of the Modernization Act, the systems are not principal design criteria for a proposed facility. Under the provisions of particularly risk significant. As such, reasonable measures 10 CFR 52.47, 52.79, 52.137, and 52.157, an application for a design are sufficient, as should be staff efforts. In passing, we certification, combined license, design approval, or manufacturing note GDC 64 does not require in-depth information. license, respectively, must include the principal design criteria for a proposed facility The guidance in Item f on page 8 is consistent with these requirements.
Additionally, the ISG references RG 1.232, Guidance for Developing Principal Design Criteria for Non-Light-Water Reactors, regarding guidance for developing principal design criteria.
No change has been made to the ISG.
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Commenter Topics Section of Specific Comment NRC Staff Response Identifier Document NRC-2022- Use of NEI P 8, 9.1.1 Overly restrictive - delete and simply allow use of NEI- The NRC staff disagrees with this comment.
0076-DRAFT- template - Applications Using 18-04. The staffs expectations greatly exceed the risk -
0002 - 8 effluent NEI-18-04 see item #7 Basis for Comment. The use of NEI 18-04, Risk-Informed Performance-Based Technology releases Inclusive Guidance for Non-Light Water Reactor Licensing Basis Development, is described as an option and is not required.
Regardless, applicants need to show that effluent releases meet 10 CFR 20.1301.
No change has been made to the ISG.
NRC-2022- Use of NEI P9, 9.2 Delete staff endorsement, including requiring the The NRC staff disagrees with this comment.
0076-DRAFT- template - Contamination applicant to justify the use of NEI-08-08A. There is no 0002 - 9 contamination Control sound basis for staff endorsement of NEI-08-08A, The use of NEI 08-08A, Generic FSAR Template Guidance for Life control including requiring the applicant justify the standards use, Cycle Minimization of Contamination, by an applicant is an option.
particularly in light of this issue being well removed from While the NRC staff has not endorsed NEI 08-08A, it has approved the being of risk significant. Also see item #7 Basis for NEI 08-08A minimization of contamination program template via Comment. safety evaluation and NEI 08-08A is similar to an approved topical report. Accordingly, an applicant who wishes to adopt the NEI 08-08A program template to minimize facility contamination should explain why the program template applies to its proposed facility, including how the conditions for use of the template, if any, are satisfied, and add any information the program template identifies as an applicants responsibility.
No change has been made to the ISG.
NRC-2022- NEI template P. 11, last Delete staff endorsement, including requiring the The NRC staff disagrees with this comment.
0076-DRAFT- - solid waste paragraph, applicant to justify the use of NEI-07-10A. There is no 0002 - 10 Solid Waste sound basis for staff endorsement of NEI-07-10A, The use of NEI 07-10A, Generic FSAR Template Guidance for including requiring the applicant justify the standards use, Process Control Programs, is an option. While the NRC staff has not particularly in light of this issue being well removed from endorsed NEI 07-10A, it has approved the Process Control Program being risk significant. Also see item #7 Basis for (PCP) template via safety evaluation and NEI 07-10A is similar to an Comment. approved topical report. Accordingly, an applicant who wishes to employ the NEI 07-10A PCP template for the portion of the Chapter 9 application content it covers should explain why the template applies to its proposed facility, including how the conditions for use of the template, if any, are satisfied, and add any information the template notes as an applicants responsibility.
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Commenter Topics Section of Specific Comment NRC Staff Response Identifier Document No change has been made to the ISG.
NRC-2022 Please rephrase to indicate the guidance is technology- The NRC staff disagrees with this comment.
0074- DRAFT- inclusive and is equally applicable to both LWR and non-0006-1 LWR designs. The NRC staff is considering expanding the applicability of ARCAP guidance documents beyond non-light water reactors (non-LWRs).
Throughout all the documents of the package, there are However, expansion of the guidance beyond non-LWRs at this time is statements that this guidance is applicable to nonLight premature.
Water Reactors (LWRs). However, all the guidance is technology-inclusive and is equally applicable to LWRs. The final ISG continues to note that the NRC staff is developing an ARCAP is supposed to be applicable for any technology optional performance-based, technology-inclusive regulatory (non-LWR and LWR), any licensing approach (LMP, framework for licensing nuclear power plants designated as 10 CFR classical, etc.), and any licensing path (CP, COL, DC etc.). Part 53, Licensing and Regulation of Advanced Nuclear Reactors, (RIN 3150-AK31). It is envisioned that the 10 CFR Part 53 guidance For the ARCAP guidance, industry specifically requested would be applicable to both LWR and non-LWRs. Should the 10 CFR the NRC develop guidance applicable to both non-LWRs Part 53 rulemaking include requirements for both LWR and non-LWRs and LWR SMRs, and we were informed in various the NRC staff envisions that the concepts found in the ARCAP ISGs meetings that this would be the NRCs approach. While guidance would be expanded beyond non-LWRs. In the interim, the NEI 18-04 and NEI 21-07 were developed specifically for NRC staff notes that the applicability section of the ISG notes that advanced non-LWRs, applicants with LWR designs should applicants desiring to use the ISG for a light water reactor application also be able to use the Licensing Modernization Project should contact the NRC staff to hold pre-application discussions on (LMP) methodology if they elect to do so (e.g., NEI 18-04 their proposed approach.
and NEI 21-07). It would be up to the applicants to justify the use of the guidance documents and associated No change has been made to the ISG at this time.
regulatory guides.
NRC-2022- Chapter 9 ARCAP Roadmap Note the ARCAP Roadmap ISG comment resolution table The NRC staff agrees with this comment.
0074 DRAFT ISG and ARCAP provides a response to the comment that includes changes 0006-16 ISG Chapter 9 to ARCAP ISG Chapter 9. The comment is repeated here DANU-ISG-2022-03 (Chapter 9) has been revised to add the following for ease of reference and to document the change to after the first paragraph under Application Guidance:
ARCAP ISG Chapter 9 For Chapter 9 content, DC [design certification], SDA [standard ML applications should only be required to include design approval], and ML [manufacturing license] applications need information to identify the kinds and quantities of only include (i) information to identify the kinds and quantities of radioactive materials expected to be produced during radioactive materials expected to be produced in the operation and the operation and the means for controlling/limiting effluents. means for controlling and limiting radioactive effluents and radiation exposures within the limits set forth in Part 20 (per 10 CFR 52.47(a)(5),
52.137(a)(5) and 52.157(e), respectively); (ii) information required by 5
Commenter Topics Section of Specific Comment NRC Staff Response Identifier Document 10 CFR 20.1406 (per 10 CFR 52.47(a)(6), 52.137(a)(6), and 52.157(f)(9), respectively); and (iii) information with respect to the design of equipment to maintain control over radioactive material in gaseous and liquid effluents produced during normal reactor operations as described in 10 CFR 50.34a(e) (per 10 CFR 52.47(a)(10),
52.137(a)(10), and 52.157(f)(11), respectively). Other programmatic information identified below related to Chapter 9 (e.g., radiation protection program description) may be addressed in a COL [combined operating license] application.
NRC-2022- As low as ARCAP Roadmap The commenter provided two comments in the ARCAP Although the commenter attributes both comments to ARCAP ISG 0074 DRAFT - reasonably ISG and ARCAP roadmap ISG regarding ALARA. The specific comments Chapter 10, the NRC staff believes clarification to ARCAP ISG Chapter 14 and NRC- achievable ISG Chapter 9 are; 9 is warranted to clarify expectations related to keeping doses as low as 2022-DRAFT (ALARA) reasonably achievable in normal effluents.
0006-17 The wording on ALARA in Chapter 10 indicates that the guidance will continue the well-established operational The NRC disagrees with the assertion that As Low As Reasonably program for ALARA but not extend ALARA into the Achievable (ALARA) principals need not be addressed in design-design, as a regulatory requirement. Industry agrees with centered applications (e.g., design certifications).
this position as it provides a predictable regulatory framework. Based on these comments the NRC staff made the following changes to ARCAP ISG Chapter 9:
The ML application should only be required to address the facility and equipment design, and radiation sources. Page 3:
Operational programs and descriptions of management, However, as discussed below, an alternative approach to policy and organizational structure necessary to ensure demonstrating compliance with these requirements is for an application occupational radiation exposure are ALARA should be to provide a summary of the design features and describe a performance addressed in a COLA. monitoring program for effluent releases in lieu of providing detailed system descriptions and analysis of estimated effluent releases. This alternative would require an exemption to some of the listed regulations.
Similar change made in items (e) and (g) of Section 9.1.1.
Also on Page 3:
This guidance for Chapter 9 applies to a non-LWR application for a 10 CFR Part 50 CP [construction permit] and OL [operating license] or a 6
Commenter Topics Section of Specific Comment NRC Staff Response Identifier Document 10 CFR Part 52 COL Page 6, second paragraph:
As an alternative to providing detailed system descriptions and analysis of estimated effluent releases, an applicant may submit a request for an exemption to these requirements if it can demonstrate compliance with 10 CFR Part 20 by establishing a performance monitoring program to confirm design features and programmatic controls effectively limit the release of radioactive effluents. This request for exemption should describe a performance monitoring program for effluent releases that will ensure that effluent release limits will be met during normal operations for the life of the plant, and this program description may be in Chapter 9 of the FSAR or the radiation protection program document. Information related to plant systems can be limited to general descriptions of layout and technologies used to limit the release of the various inventories of radioactive materials within the plant and how operating experience or other evidence provides confidence in the expected system performance. While the application does not have to include the specific analysis of effluent releases, an applicant should provide a summary of estimated doses to a member of the public from any such releases and develop such a specific analysis for its internal engineering documents. These specific analyses along with additional details of the design features and associated programmatic controls could be the subject of an audit by NRC staff reviewers at the time of application review or subsequently as part of inspections during plant construction or operation.
Page 4, fourth paragraph The guidance in Sections 9.1 through 9.3 below summarizes the information that should be included in an application regarding control and management of liquid and gaseous effluents, contamination, and solid waste using performance monitoring to the extent practicable. The guidance also summarizes the information that should be included in a risk-informed approach to demonstrate compliance with the applicable regulations.
Page 5, first paragraph 7
Commenter Topics Section of Specific Comment NRC Staff Response Identifier Document The application must provide assurance that the limits on the release of radioactive liquid and gaseous effluents and direct radiation, as appropriate, during normal operation (including anticipated operational occurrences (AOOs)) will meet the relevant requirements in 10 CFR Part 20 and 10 CFR Parts 50 and 52. Specifically, the applicant must address the following:
Page 7, third paragraph:
When an applicant elects to pursue an exemption to the content of application requirements referenced above and by use of a performance monitoring program in lieu of providing complete system descriptions and supporting analyses, significant portions of the system design information that has historically been provided in FSARs may not be required to be included in Chapter 9 of the applications FSAR, such as the following:
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