ML23342A212
| ML23342A212 | |
| Person / Time | |
|---|---|
| Issue date: | 12/15/2023 |
| From: | John Tappert NRC/CRGR |
| To: | Dan Dorman NRC/EDO |
| D. Duvigneaud | |
| References | |
| Download: ML23342A212 (6) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 MEMORANDUM TO:
Daniel H. Dorman Executive Director for Operations FROM:
John R. Tappert, Chairman Committee to Review Generic Requirements
SUBJECT:
COMMITTEE TO REVIEW GENERIC REQUIREMENTS:
MINUTES OF MEETING NOS. 463 AND 464 On October 30, and November 3, 2023, the Committee to Review Generic Requirements (CRGR, the Committee) held Meeting Nos. 463 and 464. The purpose of this meeting was to discuss the potential backfitting aspects of Final Rule, Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning. The overall goal of this rule is to amend the U.S. Nuclear Regulatory Commissions (NRC) regulations to implement specific regulatory requirements for different phases of the decommissioning process consistent with the reduced radiological risk when compared to an operating production and utilization facility.
The staff from the NRCs Office of Nuclear Material Safety and Safeguards, Office of Nuclear Security and Incident Response, and Office of the General Council presented the proposed rule language and the staffs positions on one identified backfit and one potential backfit concern.
The staff also presented the changes to Title 10 of the Code of Federal Regulations (10 CFR) 50.109, Backfitting. Enclosure 1 lists the meeting attendees and Enclosure 2 provides list of references provided to the CRGR for review including the staffs presentation slides.
During the meeting, the staff discussed one aspect of the final rule that changes the cybersecurity requirements for holders of combined licenses (COLs) under 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants. The final rule will require current COL holders to maintain their cybersecurity plan into the decommissioning phase until the spent fuel in the spent fuel pool has sufficiently cooled. Presently, COL holders are required to maintain a cybersecurity program only until they are not authorized to operate their reactors.
This change will ensure consistency with the requirements of Part 50 reactor licensees in the new rule (which are currently addressed through license conditions). Because this will be a new requirement for COL holders, the final rule change will constitute backfitting. The NRC staff presented its justification for proceeding with this change. : List of References : List of Attendees from CRGR Meetings No. 463 and 464 CONTACT:
DyLanne Duvigneaud, RES 301-415-4010 December 12, 2023 Signed by Tappert, John on 12/12/23
D. Dorman The NRC staff presented its conclusion that the changes would provide a cost-justified substantial increase in protection of public health and safety and the common defense and security by ensuring that effective operation of emergency planning systems and physical security programs. Within its roles and responsibilities, the Committee agreed that the staffs analysis was consistent with agency backfitting policy and endorsed the characterization of this backfit.
The potential backfit concern presented to the CRGR involves changes to the rule to clarify fitness-for-duty (FFD) program elements that apply to nuclear power reactor licensees through the insider mitigation program (IMP). The existing requirement in 10 CFR 73.55(b)(9)(ii)(B) states that IMPs must include elements of the FFD program described in 10 CFR Part 26, Fitness for duty programs, but the specific elements are not defined. The new rule explicitly identifies what elements of Part 26 are required. Comments on the proposed rule led to inclusion of additional required elements and no comments raised potential backfit concerns on this provision. The NRC staff determined that the final rule clarifies which FFD elements must be part of the IMP and it does not require licensees to change their IMP procedures. Therefore, the changes to 10 CFR 73.55(b)(9)(ii)(B) do not meet the definition of backfitting. It is also noted that the IMP continues to apply in decommissioning until a licensee has transitioned from a physical security plan under 10 CFR 73.55 to 10 CFR 73.51 and that Part 26 no longer applies when a plant has entered decommissioning.
In its review of this portion of the rulemaking, the Committee engaged the staff in discussions to understand the purpose and intent for this portion of the rulemaking. Some CRGR members viewed the final rule IMP changes as backfitting because the change removes the flexibility the current rule has regarding what elements from 10 CFR Part 26 the licensee can use to meet 10 CFR 73.55(b)(9)(ii)(B). However, the CRGR majority agreed with the NRC staff and determined that this change was not a backfit but a clarification of the existing regulation.
The NRC staff also briefed the CRGR on changes 10 CFR 50.109. The decommissioning final rule provides a new backfitting provision for nuclear power reactor licensees in decommissioning. The final rule renumbers the paragraphs of 10 CFR 50.109 so paragraph (a) would be the current backfit rule and paragraph (b) would be the new rule text for decommissioning nuclear power reactor licensees. The NRC is also revising the backfitting provision in 10 CFR Part 72 so that provision applies during the decommissioning of a monitored retrievable storage facility or an independent spent fuel storage installation. The final rule revises a requirement that the NRC must consider the costs of imposing a backfit if the basis for the backfit is the compliance exception to the requirement to perform a backfit analysis. This change is based on a 2019 update to the Commissions backfitting policy in Management Directive 8.4. The Committee endorsed this change.
CONCLUSION As discussed above, the CRGR agreed that the staffs analysis is consistent with agency backfitting policy. Following the review of the rulemaking package, staff presentation, and regulatory analysis, the Committee endorsed the final rulemaking package. The Committee appreciated the time and effort the staff expended to complete the work needed to support the CRGR review and was impressed by the quality and thoroughness of the staffs meeting presentation.
ML23342A212 OFFICE RES/TA RES/CRGR NAME DDuvigneaud JTappert DATE 12/12/2023 12/12/2023 COMMITTEE TO REVIEW GENERIC REQUIREMENTS MEETING NOS. 463 AND 464 LIST OF REFERENCES Final Rule Package (ML23258A200)
Commission Paper (ML23258A205) - Federal Register notice (ML23258A206) - Responses to Comments (ML23258A201) - Regulatory Analysis (ML23258A202) - Environmental Assessment (ML23258A203) - Estimated Resources (ML23258A204)
Staff Presentation for CRGR Briefing on Final Rule: Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning (ML23299A028)
COMMITTEE TO REVIEW GENERIC REQUIREMENTS MEETING NO. 463 LIST OF ATTENDEES (October 30, 2023)
CRGR Members John R. Tappert, Chairman, RES Andrea Kock, NRR Craig G. Erlanger, NSIR Robert Lewis, NMSS Mohammed Shuaibi, R-III Susan Vrahoretis, OGC DyLanne Duvigneaud, CRGR TA NRC Staff Dan Doyle Marlayna Doell Howard Benowitz Ilka Berrios Kristina Banovac Duane Hardesty Aaron Sanders Eric Schrader Jeremy Tapp Brian Zaleski Tekia Govan Audrey Klett Kenneth Kolaczyk Donna Jackson Jason Drake David Werkheiser David Jones Stacy Prasad Ethan Licon Elena Herrera Tony Sierra Thomas Byrd Jeff Smith Joseph Azeizat Zach Turner Greg Bowman Nadiyah Morgan Blake Purnell COMMITTEE TO REVIEW GENERIC REQUIREMENTS MEETING NO. 464 LIST OF ATTENDEES (November 3, 2023 )
CRGR Members John R. Tappert, Chairman, RES Andrea Kock, NRR Craig G. Erlanger, NSIR Robert Lewis, NMSS Mohammed Shuaibi, R-III DyLanne Duvigneaud, CRGR TA NRC Staff Dan Doyle David Jones Tony Bowers Howard Benowitz Brian Zaleski Evan Anderson Audrey Klett Blake Purnell Ethan Licon Tekia Govan Marlayna Doell Joseph Azeizat Soly Soto Lugo (She/Her)
Stanley Gardocki Donna Jackson
Memo ML23342A212 OFFICE NMSS/DFM/IOB RES/DRA NAME DDuvigneaud JTappert DATE Dec 12, 2023 Dec 12, 2023