ML24079A125

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1978 Annual Review of Advisory Committees (June 14, 1979)
ML24079A125
Person / Time
Issue date: 06/14/1979
From: Hoyle J
NRC/SECY
To: Bickwit L, Gossick L, Kenneke A
NRC/EDO, NRC/OGC
References
Download: ML24079A125 (1)
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Text

OFFICE OFT.HE S!::CR.ETAR.Y MEMORANDUM FOR:

FROM:

SUBJECT:

UNITED STATES NLJ 1..,;LEAR REGULATORY COMMISSIO N WASHIN GTON, D.C. 20555 June 14, 1979 Lee V. Gossick, Executive Director for Operations Leonard Bickwit, Jr., General Counsel Albert P. Kenneke, Acting Director, Poli v

uation oy e,~ederal Advisory Committee Man ement Officer ANNUAL REVIEW OF ADVISORY COMMITTEES The Office of the 'secretary, in its role as NRC's Advisory Committee Management Office, has completed the annual compre-hensive review of NRC's advisory committees in existence on December 31, 1978.

The annual review is conducted in accordance with the Federal Advisory Committee Act and is submitted to GSA each year.

The. NRC had two committees in existence on December 31, 1978, the ACRS and the Advisory Committee on Medical Uses of Isotopes.

However, in accordance with guidance received from GSA committee management, this year's review was not meant to cover agency committees recently established (October 1 to December 31, 1978) or those renewed or reestablished between October 1, 1978, and March 31, 1979.

Therefore, since the Advisory Committee on Medical Uses of Isotopes was renewed by the Commission for a two year perioc commencing on February 1, 1979, we have limited this year ' s review to the ACRS.

The attached Review Coversheet and Justification Statement, prepared on the basis of information supplied by the ACRS,

. is submitted to you for comment prior to review by the Commi.ssion.

I would appreciate any comments, particularly on iteml4) beginning on page 9, by Tuesday, June 19.

Attachments:

As stated

EXHIBIT I FEDERAL ADVISORY COMMITTEE REVIEW CtiVERSHEET Calendar Year *1973

1. Department or Age ncy:
2.

Name of committee (and subcommittee, if appropr iate):

Advisory Cormiittee on Reactor Safeguards 3

  • Date of establisrnrent,
4.

For closed or partial ly closed or last reestablisrnrent or meetings, list for each meeting the renewal (m:,st recent):

date and number(s) of al l FOIA 1957 (Rechartered every 2 exemptions used:

years thereafter)

See Attachment f

5.

Agency recommendation for this committee:

a.

Termination. If this is a committee established by statute, attach a

brief explanatory statememt for the recommendation and indicate whether legislation is required to carry out the recommendation and whether such l~islation is con.ternp)at~d or pending (mclude bill nunber and proposed or effective aateJ.

S Att, hm t rr

b.

fx"7 Continuation./ ~1:tachaca rUstification statement describing what this committee

does, why the-ire is a

compelling need fot its continuation, and how it has a truly balanced membership.

The statement should be on numbered oond sheets with the name of the agency and the committee on each.

The justification should include details on the following and any other relevant factors:

(l) The number of times the committee has* :met in the past year and the relevance of that number to its cqntinuation.

(2) The number of reports submitted by the ~ommittee in the past year.

(3) A description of how the committee's. reports, recommendations, or advice have been used in agel'llCy policy formulation, program planning, decision-making, achieving economies, etc.

{4) An explanation of why the recommen~~t ions or information cannot be obtained from other sources, elsewhere within the

agency, from other agencies or existing committees, public hearings, consultants, etc.

{5) An explanation of any degree of duplication of functions,

purpose, etc., with other committees, -or within the agency, or with other agencies.

(6) The relationship of the cost of the committee to the reports, recommendations, or information provid ed.

(7) In consideration of

{a) the function s to be performed and (o) the points of view to be rep resented, specifically how the membership is balanced--th e

views, areas of expertise, etc., included.

AS A ZERO BASE REVIEW, THE JUSTIFICATION SHOULD BE BASED ON THE PREMISE THA*r THE COMMITTEE IS NOT GOING TO BE CONTINUED.

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ATTACH~ENT I March :

1979 CY-1978 Exemptions Used for partly close d sessions:

ACRS FULL COMMITTEE MEETINGS Federal Advisory Committee Act, PL 92-463, 10(d),

Government in the Sunshine Act, PL 94-409 -

5 use 552b(c)

(1)

....,(3)

(4)

(6)

(10)

1.

213th, 01/05-07

2.

214th, 02/09-11

3.

215th, 03/09-11

4.

216th, 04/06- 07

5.

217th, 05/04-06

6.

218th, 06/01-03

7.

219th, 07/06-08

8.

220th, 08/03-05

9.

221st, 09/07-09

10.

Special 9/18-20

. 11.

22nd, 10/05-07
12.

223rd, 11/02-04

13.

Special 11/9-11

14.

224th, 12/07-09 X

X X

X X

X X

X (French)

X (Open)

(Germans)

X X

X X

X X

X X

X X

X X

X X

X X

X X

X

SUMMARY

1 ACRS Full Committee Meeting, CY-1978 (Open)

(1)

(3)

( 4)

(6)

. ( 10) 13 ACRS Full Committee Meetings, CY-1978 (Partly Closed) 13 10(d), PL 92-463, and 3

5 use 552b(c) (1) 1 II (1)(3)(10) 2 II (1)(4)(6) 2 II (1)(4)(10) 1 II (1)(6)(10) 1 II (4)(6) 1 II (4)(6)(10) 2 II

( 6)

To preserve the confidentiality of classified and proprietary information related to safeguarcing of special nuclear material and the arrangements for physical protection of nuclear facilities.

meetings with the French and Germans, to insure identified and supplied by a foreign government To protect classified information.

To protect proprietary information.

In regard to t he special

  • the security of information as conf idential.

To protect information the r*e lease of which would represent an undue invasion of personal privacy.

To permit discussion of matters involved in an adjudica tory proceeding.

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ACRS Subcommittee and Worki~g G_ro~p __

C.losed/¥'artly Closed Meetings CY-78 Exemptions Used: S6 s e c-:i o::.. lO (c }, PL 92-463 5 USC 552b(c )

(: )

(4 )

(6 )

1.
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1°5.

1-6.

17.
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26.
27.
28.
29.
30.
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Reactor Fuel Subcommittee, 1/27 Hatch Subcommittee, 1/28 Fluid/Hydraulic Dynamic Effects Subcoll!Illittee, 1/31 AN0-2 Subcommittee, 2/2 ECCS Subcommittee, 2/16 Working Group on Safeguards & Security, 2/22 Procedures Subcommittee, 3/08 Power & Elect'! Sys/AN0-2 Subctes. Joint Mtg., 3/20 Working Group on Safety of Operating Reactors, 3/22 McGuire Subcomrr.ittee (with site visit)

Indian Point No. 3 Subcommittee, 4/24 Siting Evaluation Subcommittee, 5/03 Vermont Yankee Subcommittee (with site visit), 5/19 Fluid/Hydraulic Dynamic Effects Subcommittee, 5/23 Maine Yankee Subcommittee, 5/25 Diablo Canyon Subcommittee, 6/14-15 Diablo Canyon Subcommittee. 6/21-22 Nava! React._/Opns. Subcte.(w/site visitl 6/28 NEP 1 & 2 Subcte., (w/site visit) 6/28-29 Electrical Systems Subcommittee, 6/29 Davis Besse, 2 & 3, Subcommittee, 6/30 Rad. Effects & Site Eval. Subcommittee, 7/11 ATWS Subcommittee, 7/13 Erie Subcommittee (with site visit), 7/17-18 Elect'l Systems Cont'l & Inst'mt Subcte., 7/20 Westinghouse Water Reactors Subcommittee, 7/24 ATWS Subcommittee, 8/01-02 Safeguards & Security Subcte., 9/26 Regulatory Sctivities Subcommittee, 10/04 Surry, 1 & 2, Subcommittee, 10/28 Zimmer Subcommittee (with site visit)

Fluid Dynamics Subcommittee, 11/28-29-30 Generic Items Subcommittee, 12/05

  • Closed Meeting

SUMMARY

30 ACRS SUBCOMMITTEE MEETINGS CY-1978 (Partly Clos~d)

x 2 ACRS WORKING GROUP MEETINGD CY-1978 (Parth* C1osecl }

1 ACRS SUBCOMMITTEE MEETING CY-1978 (Closed).

33 Exemptions for Closed Sessions 33 lO(d), PL 92-463, and 28 5 USC 552b(c)(4)-Subcommittee Meetings 2 5 use 552b(c)(4)--Working Group Meetings X

X X

X X

X X

X X

X X

X X

X X

X X

X X

X X

X X

X X

X X

X X

X X

X 2 5 use 552b(c) (1)--Subcommittee Meetings (lc:osed/ l?ar-ly Cl osed) 1 5 use 552b( c) ( 6 )--Subc*ommi ttee *Meeting- --

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Nuclear Regulatory Corrvni c:_sion Advisory Committee on R 1

tor Safeguards A'ITACHMENT II TO Mc._

L1 7 f 1979 ANNUAL COMPREHENSIVE REPORT TO GSA FOR 1978 The following information is provided as background in support for the recorrmendation that the Advisory Committee on Reactor Safeguards be continued.

The Conmittee's establishment, objectives and the scope of its activi-ties and duties are prescribed by statute, Section 29 of the Atomic Energy Act of 1954, as amended, provides:

  • There is hereby established an Advisory Committee on Reactor Safeguards consisting of a maximum of fifteen members appointed by the Commission for terms of four years each. 'lhe Cornmi ttee shall review safety stooies and facility license applications referred to it and shall make rep:,rts thereon, shall a::3vise the Corrmission with regard to the hazards of prop:,sed or existing reactor facilities and the adequacy of proposed reactor safety standards, and shall perform such other duties as the Commission may request.

Cne member shall be designated by the Committee as its Chairman.

'lhe members *of the Committee shall receive a per diem compensation for each day spent in meetings or conferences, or other work for the Committee and all members shall receive their necessary traveling or other expenses while engaged in the work of the Committee.

'lhe provisions of Section 163 shall be awlicable to the Committee.n

Nuclear Regulatory Commission Advisory Committee on Reactor Safeguards 2 -

Also, Section 182 b. of the Atomic Energy Act of 1954, as aneooed, provides:

  • The Advisory Cornmi ttee on Reactor Safeguards shall review each application under Section 103 or Section 104 b. for a construction permit or an operating license for a fac.ility, any application under Section 104 c. for a construction per-mit or an operating license for a testing facility, any application under Section 104 a. or c. specifically referred to it by the Commission, and any application for an anernment to a construction permit or an anendment to an operati~

license under Section 103 or 104 a., b., or c. specifically referred to it by the Commission, and shall sul:mit a rep:>rt thereon which shall be made part of the record of the appli-cation and available to the p.iblic except to the extent that security classification prevents disclosure.*

Public Law 95-209 (NRC Authorization Act for 1978) changed the Atomic Energy Act of 1954 as follows:

Section 29 of the Atomic Energy Act of 1954 is amended by adding the following at the end thereof:

"In addition to its other duties under this section, the Committee (ACRS},

making use of all available sources, shall undertake a stooy j::: ****

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Nuclear Regulatory Cormnission Advisory Committee on Reactor Safeguards of reactor safety research and prepare and subni t annually to the Congress a report containing the results of such study.

'!be first such report shall be subnitted to the Congress not later than December 31, 1977.*

Public Law 95-209 also provided:

  • To assist the Advisory Conmi ttee on Reactor Safeguards in carrying out its function, the Committee shall establish a fellowship program under llmich persons having appropriate engineering or scientific expertise are assigned particular tasks relating to the functions of the Committee.

Such fel ~

lowship shall be for 2-year periods am the recipients of such fellowships shall be selected pursuant to such criteria as may be established by the Committee.*

Section 1.20 10 CFR Part 1 provides:

"Upon request from the Department of Energy (OOE) the ACRS performs reviews, provides reports, and advises OOE with r~

gard to the hazards of OOE nuclear activities and facilities.

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Nuclear Regulatory Commission Advisory Committee on Reactor Safeguards 4 -

(1)

Number of Meetings

'Ihe ACRS, its subcommittees and working groups held 96 meetin;s during 1978. 'Ihe number of meetings held is directly related to the number of reactor projects referred by the Nuclear Regulatory Commission to the Committee for review; the number of generic issues 'Nhich arose during the year; the number of criteria and guides referred to the Committee for review and cooment; the number of OOE and 00D reactor projects referred; and the nl.lllber of special reviews (the NRC) requested by the NRC.

'Ihe full Committee normally meets once a month for a three

  • day session to consider.Projects, generic and special reviews, and criteria and regulatory guides that are ready for full.

Conmittee consideration.

/ICRS subcommittees meet as necessary with license applicants, NRC Staff, and others to develop in-formation for the Committee on the particular matter under review and to identify those matters warranting particular attention by the full Committee.

(2)

Number of Reports

'Ihe ACRS submitted 43 reports during 1978; 2 were quarterly reports on ACRS activities; 22 were reports to the Chainnan of NRC on specific nuclear power projects and other matters of special interest.

Che was a report to the House Committee

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Nuclear Regulatory Cornn 3ion k:lvisory Committee on Reactor Safeguards 5 -

on Interior and Insular Affairs on the establishment: of an independent, quasi-judicial board for accident anal~sis; one was a rep::>rt to the North Anna Environmental Coailition on Asymmetric Loads on Pressure Vessel Structures aoo Pl.llnp Performance; one was the recently established annual. report to the U.S. Congress on the review and evaluation of: the NRC Safety Research Program; and 16 were letters to the INRC Executive Director" for Operations on prop::>sed anendme nts to regulations, regulatory guides and other matters.

(3)

Agency Utilization of ACRS Recommendations

'!he ACRS reports and recommendations to the Commissfo-m have been used extensively in NRC policy formulation and ctlecision making since the establishment of the agency on.January 19, 197 5.

In those cases where a 1 icense application is sul:xni tted

  • under Section 103 or 104 of the Atomic Energy Act, am ACRS rep::>rt is required by statute.

In each such case, t::..lfle NRC Staff, following the receipt of an ACRS rep::>rt, prepares a supplemental safety evaluation rep::>rt which outlines,: in detail the actions the NRC Staff has or is taking to carry rout the ACRS recommendations.

'Ihese reports are entered int,o the p.iblic docket file for each facility case.

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NUclear Reglllatory Commission Advisory Comrni ttee on Reactor Safeguards On several occasions, substantive restrictions and/or require-ments have been imposed by the NRC on nuclear facility operations, inclooing power level limitations, augmented test programs, and added engineered safety features, based on the recanmendati.ons of the Committee.

In crldition, specific attention is given to ACRS recommendations with respect to other generic or selected safety issues and appropriate action is implemented by the NRC Staff. Additionally, ACRS recommendations are implemented in regulations, guides and regulatory policies and practices pro-mulgated by the Commission.

For example, prof()sed NRC safety related regulatory guides are not normally promulgated for public comment or for final implementation without the concurrence of the ACRS.

'!he action taken to implement specific ACRS recommendations regarding individual licensing application is published in an NRC Staff Supplementary Safety Evaluation Report for con-sideration at the related public licensing hearing.

In crldi-tion, the status of ACRS recommendations with respect to speci-fic projects is checked on a 6 m::>nth basis by a detailed reJX)rt to the ACRS from the NRC Staff relating f()int by f()int what Staff action has been or is being taken on each ACRS recom-mendation.

A similar status check procedure is followed for r

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Nuclear Regulatory Comm.,ion Advisory Cornmi t _tee on Reactor Safeguards 7 -

generic items on t,,ihich the Committee has made recommendations or raised questions. In addition, frequent status and final reports regarding resolution of ACRS comments and recommenda-tions are given during monthly ACRS meetings and recorded in the minutes of these meetings.

In the event the ACRS con-siders NRC Staff action inadequate with respect to its recommendations, a mechanism is available to bring these matters directly to the attention of the Commissioners.

With regard to the developnent of prop:>sed regulatory guides and criteria, the ACRS subcommittee and full Committee meet-ings provide a public forum where differences of opinion between interested groups may be presented.

In the area of reactor safety research, the ACRS periodically examines the thrust and magnitooe of the overall NRC safety research progra:n and conducts annual in-depth reviews of the effectiveness of the 10 to 15 separate major NRC research pro-gra:ns.

'!he conclusions of these reviews are rep:>rted to the Nuclear Regulatory Commission and to the Congress as mandated by Public Law 95-209.

For both RSR rep:>rts prepared by the ACRS to date a specific reply has been or will be provided by

Nuclear Regulatory Com.'TI.,ion Aavisory Committee on Reactor Safeguards 8 -

the NRC Research Staff regarding the action taken to im-plement ACRS recommendation. 'lhe ACRS recently provided testimony to the House Committee on Environment and Public Works, Subcorranittee on Nuclear Regulation regarding -the NRC authorization for its FY-1980 Reactor Safety Research Budget.

In the area of p:,licy formulation, the ACRS often suggests initiation of staff stooies and participates in the formula-tion of technical policy on imp::>rtant safety issues. 'lhe Committee's overall knowledge and advice with respect to the resolution of specific safety issues and generic issues is useful to the Commission both in decision making for individual cases and in program planning for the NRC Staff's resources.

Additionally, the Corrmittee's continuing review of both indus-trial and governmental research programs provides tile valuable perspective of an independent body of technical experts with respect to the scope and content of the program and the assign-ment of priorities to individual research efforts.

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Nuclear Regulatory Commission

.?i.dvisory Cornmi ttee on Reactor Safeguards (4)

Why ACRS Recorrmendations and Information Cannot Be Obtained From Other Sources As established by the Atomic Energy Act of 1954, the Advisory Committee on Reactor Safeguards is an independent organization

't.hich is mandated to perform certain specific functions and provide advice to the Nuclear Regulatory Commission with regard to the p:>tential hazards of profX)sed or existing nuclear facili-ties and the adequacy of prop:>sed reactor standards. 'Ihe Committee is unique in that there exists no comparable body comp:>sed of acknowledged experts in the field of nuclear reactor safety 't.hose Congressional mandate is to provide the Commission with independent advice in this area. 'Ihe Commission necessarily has its own expert staff on whom it relies in the day to day regulation of nuclear fX)wer facilities. However, there is no other advisory ccmmittee, either within the Commission or in other agencies, which could be called up:>n for independent assess-ments of reactor safety issues.

In addition, since ACRS members are primarily part-time advisors with other full-time interests and activities in related fields, they bring to bear in an organized manner a breadth of exper-ience and current technical knowledge which would be difficult to duplicate with full-time government employees.

Nllclear Regulatory Cornmi~sion Advisory Committee on Reactor Safeguards A continuing committee such as the ACRS also remains current with respect to nuclear safety issues, including related reactor operating experience arrl safety research, and provides a col-legial judgment regarding these issues that would be imp::,ssible to duplicate by use of individual, part-time consultants on a case-by-case basis.

'Ihrough the ACRS, the ?]blic and the Congress are provided assurance that an independent technical review and evaluation of nuclear reactor projects and safety issues is accanplished.

(5) Degree of Duplication of Effort As noted above, ACRS efforts are not duplicated by other committees or agencies within the goverrnient. However, due to the independent nature of the Committee's statutory resp::,nsi-bilities, the ACRS review and that of its consultants does duplicate, to some degree, as intended by law, some aspects of the NRC Staff's review of applications for nuclear p::,wer facility licenses and of the monitoring of operating reactors.

In this regard, the ACRS effort is larg~ly directed at new and improved reactor safety features, an exploration of the basis for NRC t---** *

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Advisory Committee on Reactor Safeguards Staff decisions as they relate to reactor safety, and assurance that all factors that could endanger the p..iblic health and safety have been adequately considered in making licensing deci-sions.

(6}

Relationship of the Annual Costs of the ACRS to Reports, Recommendations, and Information Provided

'!he direct cost of the ACRS activities in CY 1978 was approximately

$2,148,000.

As noted earlier, the Committee conducted 96 meetin:Js during CY 1978 and subnitted 43 rep:>rts.

Twenty-two of these re-p:>rts were required for independent revie'NS of specific nuclear p:>wer plant projects, standardized plant designs or generic issues.

'Iwo -were rep:>rts to Congress, two were quarterly rep.:>rts to the me Chairman on ACRS activities, one was a rep.:>rt to a citi zens environmental group and sixteen were directed to the NRC Executive Director regarding prop:>sed regulatory guides, amendments to regula-tions and related matters.

It should be noted that, while the ACRS rep:>rts serve as the mechanism by which the Committee fulfills its legal mandate, the Committee provides invaluable assistance in many other areas.

Principally among these is service to the NRC as a sounding am review board on many issues which arise in the cooouct of NRC business.

For example, in 1978, the Committee

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NUclear Regulatory Commission Advisory Cornrni ttee on Reactor Safegua-rds provided special rep:,rts to NRC on the Qualification of Plu-tonium Air Transp:,rtable Packages, [Reactor Safety] Prop:>sed Research on Systems to Improve Safety, Decommissioning of Nuclear Facilities, Nuclear Plant Reliability Data Systems, and Evaluation of Alternative Sites for Those with High Population Densities.

In addition to providing technical advice to the Committee and the Congress oh specific issues, the Commission has sought advice from the Committee in five special generic areas:

nuclear safeguards and the p:,ssible wide-scale use of mixed oxide nuclear fuels; shipnent of radioactive materials by air; nuclear waste management; nuclear reactor inspection; and reac-tor safety research.

(7)

Balance in Membership on ACRS

'Ihe Nuclear Regulatory Commission, on the basis of the technical review functions outlined in the statutory mission of the Com-mittee, appoints ACRS members from the scientific and engineeri03 disciplines with three indispensable prerequisites in mind: out-standing scientific and technical ability, balanced and mature judgement, and willingness to devote the time required (approxi-mately 100 days each year) to the demanding work involved.

'Ihe pool of persons so qualified is limited.

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At the end of 1978, t he

Nuclear Regulatory Commh.on Advisory Committee on Reactor Safeguards 13 -

Committee inclooed a number of university professors and_ depart-ment chairmen, two employees of national laboratories and five members who have retired from active employment with nucl.ear and mn-nuclear backgrounds. '!here has been a conscious effort to obtain members trained in both nuclear and the non-noclear dis-ciplines \\lvho have had considerable experience in various fields needed to evaluate prop:>sed construction and operation of mx::lear p:>wer plants and related facilities. 'Ibis permits and fosters a concentration within the Committee of scientific and engineer-ing proficiency, together with a diversity of viewpoints. and per""'.

spectives, which provides assurance that adequate independent, open discussion and analysis of the p:>tential hazards of :noclear reactors and the crlequacy of safety standards can take pl.ace.

I:Xlring 1978, the membership included those experience:3 in radia-*

tion safety, electrical engineering, chemical engineering, civil engineering, materials engineering, mechanical engineering, nuclear engineering, reactor operations, heat transfer and fluid flow and reactor P1ysics. Anticipated membership needs :inclooe individuals knowledgeable in probabilistic analysis and r eliability of large equiµnent.

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Nµclear Regulatory CommL,:;ion Advisory Committee on Reactor Safeguards In order to proivde for p.iblic involvement in the nominating pro-cess for ACRS members, the NRC issues p.iblic announcements solicit-ing nominees 'tt'hen vacancies arise. In response to these annoi.nce-ments, a number of nominations have been received from the public, inclooing organizations such as p..tblic interest groups and tech-nical societies. These nominations are presently being evaluated for the one vacancy W'lich now exists on the Committee. Although this will expand the list of candidates for consideration, the diversity of viewpoints presently represented by current ACRS members is broadly based from the stand!X)int of special fields of interest, employment experience and scientific or technical specialty. 'lbese membership characteristics provide the Commit-tee with a balance of highly qualified technical experts in the nuclear and mn-nuclear fields which are necessary to carrying out the Committee's statutory requirements.

In summary, the ACRS is composed of nationally and international-ly recognized exi:;erts, knowledgeable in the various disciplines needed to evaluate nuclear facility safety. '!be Committee's statutory review of applications for nuclear !X)wer plant licenses and certain other nuclear facility licenses is an essential ele-ment in the Commission's regulatory review process. 'Ihe Committee's exi:;ert joogement and recorrmendations are invaluable ingredients

Naclear Regulatory Commission Advisory Comrnitte~ on Reactor Safeguards in the final NRC decision on each license application as to wnether reasonable assurance is provided for the protection of public health and safety. 'Ibis joogement must be based not only on specific technical aspects of facility design and operation but also must consider the total integrated nuclear program and its relationship to the other p:>tential hazards inherent in a highly developed society. 'Ihe ACRS: independence from the NRC Staff and the crldi-tional opp:>rtunity for public awareness afforded by the ACRS meet-ing process provide an added dimension to the Commission's efforts to achieve a high level of p..iblic confidence and particip:1tion in regulation.

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