ML24032A038

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NRC Regulatory Program Initiatives
ML24032A038
Person / Time
Issue date: 02/01/2024
From: John Marshall
Division of Decommissioning, Uranium Recovery and Waste Programs
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Download: ML24032A038 (11)


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NRC REGULATORY PROGRAM INITIATIVES 2024 NEI-EPRI Decommissioning Conference February 1, 2024 Jane Marshall, Director Division of Decommissioning, Uranium Recovery, and Waste Programs Office of Nuclear Material Safety and Safeguards

  • Integrated Low-Level Radioactive Waste Disposal
  • Proposed Rule and Implementation Guidance
  • Decommissioning Transition Rulemaking
  • Other Rulemakings and related activities 2

Agenda

  • LLW Disposal rulemaking to address waste streams that differ significantly in quantity and concentration from what Part 61 originally assumed
  • Regulatory basis for the disposal of Greater-than-Class-C (GTCC) waste through means other than deep geological disposal (SRM-SECY-15-0094)
  • In 2019 the NRC issued the draft regulatory basis for public comment
  • The regulatory basis concluded that most of the GTCC waste streams are potentially suitable for near-surface disposal 3

Prior Rulemaking Efforts

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  • NRC staff recommended combining the Part 61 and GTCC efforts to address overlapping technical requirements, streamline stakeholder outreach, and gain efficiency in proceeding as one rulemaking activity (SECY-20-0098)
  • Commission issued Staff Requirements Memorandum (SRM-SECY-20-0098) on April 5, 2022 Commission Direction

5 Integrated Low-Level Radioactive Waste Disposal Rulemaking Consolidate and integrate criteria for GTCC and 10 CFR Part 61 rulemaking Conduct site-specific analyses for all waste streams including DU and GTCC waste Include graded approach for compliance period Include TRU waste in the definition of LLW Address physical protection and criticality concerns in GTCC waste streams Provide for Agreement State licensing of certain GTCC waste streams Integrating the LLW Rulemakings

  • Draft NUREG-2175 issued in 2015 for public comment
  • Draft final version of guidance published in 2016 on NRC Part 61 website
  • Updates for Revision 1
  • Appendix for GTCC waste disposal considerations
  • Appendix for approach to calculate significant quantities of long-lived radionuclides
  • Revisions based on proposed rule language 6

LLW Implementation Guidance

Develop Proposed Rule that Integrates GTCC and 10 CFR Part 61 Rulemaking Hold Public Meetings and Comment Period Submit to Commission for Approval Develop Final Rule Revise NUREG-2175 and Develop GTCC Guidance Commission Approval of Proposed Rule Submit to Commission for Final Approval Publish Proposed Rule Hold Public Meetings and Comment Period Issue Final Guidance Publish Draft Guidance Develop Final Guidance May 2024 Publish Final Rule November 2025 Hold for Commission Approval of Final Rule 7

Public Meetings Onsite meetings at sited states and virtual meetings Rulemaking Guidance You are here LLW Rulemaking Next Steps

8 Decommissioning Transition Rulemaking Activities 2015 NRC published an Advance Notice of Proposed Rulemaking (ANPR) related to improvements to the requirements for power reactors transitioning to decommissioning 2017 A Draft Regulatory Basis to support the proposed rule changes was published for public comment and several public meetings were conducted 2022 A Proposed Rule was published for a 180-day public comment period ; the staff is in the process of using this feedback to send a Draft Final Rule to the Commission in January 2024 2024: T E N T A T I V E D A T E F O R F I N A L R U L E P U B L I C A T I O N

9 Major Rule Provisions Graded Approach Reductions to emergency planning, physical security, and financial protection will become automatic based on the stage or level of decommissioning Clarification of FFD The rule will clarify which provisions of the Insider Mitigation Program are applicable to reactors in decommissioning LLW Transportation The rule will extend the window for shipments of low-level waste by rail to reach their intended destination before the licensee must perform an investigation Funding Requirements The frequency of some decommissioning funding assurance reports will be changed, and the process for covering shortfalls will be clarified

  • Dodd-Frank Alternative to the use of Credit Ratings final rulemaking is scheduled to be provided to the Commission in Spring 2024
  • Dodd-Frank seeks to replace Credit Ratings (Bond Ratings) as criteria for allowing use of NRC Decommissioning Guarantee Mechanisms with other creditworthiness criteria
  • Interim Staff Guidance - Use of Decommissioning Trust Funds for Major Radiological Component Disposal During Operations is in the review process and is expected to be issued in early 2024 10 Other Rulemaking and related activities

THANK YOU!

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