ML23293A005

Lessons Learned from the ITAAC Hearing Process for Vogtle 3 and 4

ML23293A005
Person / Time
Site:	Vogtle
Issue date:	10/20/2023
From:	Mary Spencer NRC/OGC
To:
References
Download: ML23293A005 (1)

Text

Lessons Learned from the ITAAC Hearing Process for Vogtle Units 3 and 4 October 24, 2023 Michael Spencer, Senior Attorney Office of the General Counsel Michael.Spencer@nrc.gov

Introduction 2

ITAAC and ITAAC Hearings

• ITAAC stands for inspections, tests, analyses, and acceptance criteria

• ITAAC are included in the combined license (COL) to verify that a new reactor has been constructed as required and will be operated safely

• The Atomic Energy Act of 1954, as amended (AEA):

- Requires the NRC to find that the acceptance criteria (AC) in the ITAAC are met prior to operation

- Provides a hearing opportunity on whether the AC are met

• The NRC published the final ITAAC hearing procedures on 7/1/2016 (81 FR 43266) 3

Commission directs lessons learned review

• SRM-SECY-15-0010: Upon completion of the ITAAC hearings for the Vogtle and Summer projects, if held, the staff should conduct a lessons learned review and propose changes to these procedures, as appropriate.

• ITAAC proceedings were instituted for Vogtle Units 3 and 4 but not V.C. Summer Units 2 and 3 4

Background on ITAAC Hearing Procedures 5

AEA§189 Requirements for ITAAC Hearings

• Hearing opportunity is limited to conformance with the AC

• A notice of intended operation announces the hearing opportunity

• This notice must be published at least 180 days before the scheduled date for initial fuel load by the COL holder

• 60-day period to file a hearing request

• Hearing request must show prima facie that (1) the AC in the COL have not been or will not be met, and (2) the specific operational consequences of this nonconformance are contrary to reasonable assurance of adequate protection of the public health and safety 6

AEA§189 Requirements for ITAAC Hearings (cont.)

• If the hearing request is granted, the NRC must determine whether to permit interim operation

- The NRC shall allow interim operation if there is reasonable assurance of adequate protection of the public health and safety during the period of interim operation

• The NRC may choose formal or informal hearing procedures but must state its reasons therefor

• The NRC shall, to the maximum possible extent, render a decision on issues raised by the hearing request within 180 days after publication of the notice or by the anticipated initial fuel load date, whichever is later 7

The NRCs General Approach to the ITAAC Hearing Procedures

• Overall Objective (81 FR at 43279): (1) An efficient, feasible process, that (2) is consistent with established requirements and policy, and (3) provides a fair opportunity to develop a sound record for decision

• The NRC chose to use existing 10 CFR Part 2 procedures with appropriate modifications

• The hearing format is based on Part 2, Subpart L, which is used for most hearings in licensing proceedings

- Written testimony and position statements with an oral hearing

• The NRC adopted an accelerated schedule and streamlined the hearing process

• A licensing board or a single legal judge with technical advisors will preside over evidentiary hearings 8

Streamlined Process

• The NRC streamlined the hearing process in several ways:

- Testimony and position statements will be prepared immediately after a hearing request is granted

- The Commission will set a strict deadline for the decision after any hearing

- Regulatory deadlines were shortened

- Motions for extension of time must show unavoidable and extreme circumstances

- The NRC eliminated or limited processes that were not necessary for ITAAC hearings 9

Notice of Intended Operation

• The NRC will publish the notice of intended operation at least 210 days before scheduled initial fuel load

- The licensee may not have completed many of the ITAAC when this notice is publishedhearing requests on such ITAAC would be based on uncompleted ITAAC notifications

• The NRC may publish the notice of intended operation at least 75 days earlier than this if the licensee submits uncompleted ITAAC notifications earlier than required

• The notice of intended operation includes orders imposing procedures for the hearing and procedures for access to sensitive unclassified information 10

Hearing Request Requirements 10 CFR 2.309

• Hearing requests must show standing and an admissible contention

• The contention must meet 10 CFR 2.309(f)(1)(i)-(v) and (vii)this includes the required prima facie showing

• Petitioner may file a claim of incompleteness asserting that a licensee ITAAC notification has insufficient information to support the required prima face showing

- If the Commission concludes that the claim is valid, the licensee must provide the missing information, and the petitioner may file a contention on that 11

ITAAC Hearing Timeline Day 0 Day 210 60 days 25 days 30 days Up to 94 days Notice of Hearing Staff/Licensee Decision on Scheduled Intended Request Answers Hearing Request Fuel Load Operation Track 1 - 89 (+/-5) days Written direct/rebuttal testimony, oral hearing, hearing decision Track 2 - 75 (+/-5) days Written direct testimony, oral hearing, hearing decision Legal Contention Track (<70 days)

Legal briefs and hearing decision 12

Track 1 and Track 2 Schedules Event Track 1 Track 2 Prehearing Conference Within 7 days of grant of hearing request Within 7 days of grant of hearing request Scheduling Order Within 3 days of prehearing conference Within 3 days of prehearing conference Document Disclosures; 15 days after grant of hearing request 15 days after grant of hearing request Identification of Witnesses Pre-filed Initial Testimony 30 (+/- 5) days after grant of hearing 30 (+/- 5) after grant of hearing request request Pre-filed Rebuttal Testimony 14 days after initial testimony No rebuttal Proposed Questions; Motions 7 days after rebuttal testimony 7 days after initial testimony for Cross-Examination Answers to Motions for Cross- 5 days after motion for cross-examination 5 days after motion for cross-Examination OR oral answer presented just before examination OR oral answer presented hearing just before hearing Oral Hearing 15 days after rebuttal testimony 15 days after initial testimony Joint Transcript Corrections 7 days after hearing 7 days after hearing Findings (if needed) 15 days after hearing or such other time 15 days after hearing or such other time as the presiding officer directs as the presiding officer directs Initial Decision 30 days after hearing 30 days after hearing 13

Commission Involvement

• The Commission will:

- decide whether to grant the hearing request

- issue the procedures order if a hearing request is granted

- ordinarily rule on hearing requests, new contentions, and similar filings after the original deadline for hearing requests

- make the adequate protection determination for interim operation

- decide on appeals of licensing board decisions

• The Commission could also serve as the presiding officer for the hearing (e.g., on legal contentions, which are rarely encountered) 14

Summary of Vogtle ITAAC Proceedings 15

Vogtle ITAAC Proceedings

• The Vogtle Unit 3 ITAAC proceeding was noticed on 2/12/2020 (85 FR 8030)

- One hearing request was filed, which was denied on 6/15/2020

- On 8/3/2022, the NRC made the finding under 10 CFR 52.103(g) that all AC in the ITAAC for Vogtle Unit 3 are met (87 FR 48201)

• The Vogtle Unit 4 ITAAC proceeding was noticed on 2/2/2022 (87 FR 5851)

- No hearing request was filed

- On 7/28/2023, the NRC made the 52.103(g) finding for Vogtle Unit 4 (88 FR 50919)

• As provided by 10 CFR 52.103(h), the ITAAC are no longer requirements for the licensee after the 10 CFR 52.103(g) finding is made 16

Experience with Vogtle 3 ITAAC Proceeding

• The NRC was able to timely (1) process licensee ITAAC notifications, (2) make them available on the NRC website, and (3) publish the notice of intended operation

• In the Vogtle 3 ITAAC proceeding:

- There was a one-week extension to the hearing request deadline because of impacts from the COVID public health emergency

- A hearing request was filed on the new due date

- The NRC staff and licensee filed answers to the request

- The Commission issued a decision denying the hearing request (CLI-20-06, 91 NRC 225, ML21168A338)

- The filings were submitted and the Commission decision issued by their respective deadlines or milestone 17

Lessons Learned Review

• The NRC is interested in learning views from external stakeholders on whether there are lessons learned from the Vogtle ITAAC proceedings

• The staff will use the comments it receives during this meeting to inform a report on lessons learned from the Vogtle ITAAC proceedings.

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