ML24114A076

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Status Report on the Licensing Activities and Regulatory Duties of the U.S. Nuclear Regulatory Commission FY24 Q2 Enclosure
ML24114A076
Person / Time
Issue date: 05/13/2024
From: Christopher Hanson
NRC/OCM
To: Carper T, Markey E, Rodgers C
US Congress, US SEN, Comm on Environment & Public Works
References
CORR-24-0036, LTR-19-0383
Download: ML24114A076 (1)


Text

STATUS REPORT ON THE LICENSING ACTIVITIES AND REGULATORY DUTIES OF THE U.S. NUCLEAR REGULATORY COMMISSION

For the Reporting Period of January 1, 2024, through March 31, 2024

Table of Contents

- High Level Summary.................................................................................... 1-1 Average Timeliness Percentage for Licensing Actions Categorized Under the Nuclear Energy Innovation and Modernization Act............................................................................................. 1-2 Reactor Oversight Process (ROP) Inspection Hours and Percent Complete........................... 1-3 Full-time Equivalent (FTE) at the End of Q2 Fiscal Year (FY) 2024 vs. Budgeted FTE........... 1-4 Budget Authority, FTE Utilization, and Fees............................................................................. Enclosure 2 - Status of Specific Items of Interest............................................................. 2-1 Transformation.......................................................................................................................... 2-2 Workforce Development and Management.............................................................................. 2-3 Accident Tolerant Fuel.............................................................................................................. 2-4 Digital Instrumentation and Control......................................................................................... 2-5 Vogtle Electric Generating Plant Units 3 and 4....................................................................... 2-6 Advanced Nuclear Reactor Technologies............................................................................... 2-7 Advanced Reactor Pre-application and Licensing Reviews................................................... 2-8 Reactor Oversight Process..................................................................................................... 2-9 Backfit...................................................................................................................................... 2-10 Risk-informed Activities........................................................................................................... 2-11 Coronavirus Disease (COVID-19)........................................................................................... Enclosure 3 - Summary of Activities................................................................................ 3-1 ROP Findings.......................................................................................................................... 3-2 Licensing Actions.................................................................................................................... 3-3 Licensing Amendment Request Reviews............................................................................... 3-4 Research Activities.................................................................................................................. 3-5 Fees Billed............................................................................................................................... 3-6 Requests for Additional Information (RAIs)............................................................................. 3-7 Workforce Development and Management............................................................................ 3-8 Inspection Activities................................................................................................................. 3-9 Backfit......................................................................................................................................

Enclosure 1 - High Level Summary

1-1 Average Timeliness Percentage for Licensing Actions Categorized Under the Nuclear Energy Innovation and Modernization Act

110%

100%

90%

80%

70%

60%

50%

40%

30%

20%

10%

Operating Reactors Established Schedule New Reactors Established Schedule Fuel Facilities Established Schedule

1

1 No licensing actions categorized under the Nuclear Energy Innovation and Modernization Act were completed in Quarter (Q) 2 FY 2021 for the new reactor business line. There was one activity completed in Q3 FY 2022 for the new reactor business line, and it was completed significantly ahead of the established schedule. Because the one activity was completed in 28 percent of the established schedule, this resulted in the Q3 FY 2022 average timeliness percentage for the new reactor business line being 28 percent. There were three activities completed in Q3 FY 2023 for the new reactor business line, and they were completed significantly ahead of the established schedule.

Because the three activities were completed in 50 percent of the established schedule, this resulted in the Q3 FY 2023 average timeliness percentage for the new reactor business line being 50 percent.

The NRC staff identified errors in some data values reported for Operating Reactors Established Schedule from Q1 FY2023 through Q1 FY2024. Those errors have now been corrected.

1-2 Reactor Oversight Process (ROP) Inspection Hours and Percent Complete

2

2 Planned ROP direct inspection hours refers to the number of hours associated with completion of the U.S. Nuclear Regulatory Commissions (NRCs) nominal number of inspection samples established for the baseline inspection program, which is a conservative target. This contrasts with the minimum number of hours that would be necessary to complete the set of inspection activities that constitutes completion of the ROP baseline inspection program for the calendar year.

1-3 Full-time Equivalent (FTE) at the End of Q2 FY 2024 vs. Budgeted FTE3

1-4 Budget Authority, FTE Utilization, and Fees

NRC FY 2024 Budget Authority March 31, 2024 (Dollars in Thousands)

Fund Sources FY 2024 Budget4 Percent Obligated Percent Expended Advanced Reactors $34,200 20% 19%

Commission Funds $12,083 32% 32%

Fee-Based Funds $912,448 40% 35%

General Funds5 $1,011 32% 32%

International Activities $18,711 41% 32%

University Nuclear $33,900 30% 0%

Leadership Program Official Representation $44 41% 41%

Total6 $1,012,396 39% 33%

NRC Control Points FY 2024 Budget Percent Obligated Percent Expended Nuclear Reactor Safety $523,806 41% 38%

Nuclear Materials and $124,379 39% 35%

Waste Safety

3 Deltas between Q1 and Q2 for Office of the Chief Human Capital Officer (OCHCO) FTE represent the Nuclear Regulator Apprenticeship Network (NRAN) 2024 cohort completing the program. The NRAN 2026 cohort will onboard between May and August 2024.

4 FY 2024 Budget reflects the enactment of the Consolidated Appropriations Act, 2024 and includes the enacted budget and carryover allocated.

5 Consistent with previous reports, this row represents waste incidental to reprocessing activities excluded from the fee-recovery requirement.

6 Numbers might not add correctly due to rounding.

Decommissioning and $26,710 37% 36%

Low-Level Waste Corporate Support $303,601 38% 29%

University Nuclear Leadership Program 7 $33,900 30% 0%

Total $1,012,396 39% 33%

FTE Utilization, Hiring, and Attrition

Total Year-to-Date Projected End of Year Q2 YTD YTD (YTD) FTE FTE Total Utilization Q2 Hiring Attrition Hiring Attrition Utilization 1,391.9 2,800.6 50 76 107 1158

FY 2024 Fees Estimated, Fees Billed, and Fees Collected Through Q2

Total for Title 10 of the Code of Federal Regulations Part 170, Fees for Facilities, Materials, Import and Export Licenses, and Other Regulatory Services Under the Atomic Energy Act of 1954, As Amended, Fees Billed (Dollars in Millions)

FY 2022 FY 2023 FY 2024 Q1-Q2

$190.7 $186.3 $101.2

7 The FY 2024 Explanatory Statement identified this control point as the Integrated University Program. Division Z of the Consolidated Appropriations Act, 2021 replaced the Integrated University Program with the University Nuclear Leadership Program.

8 YTD Attrition includes one loss in Q1 not reflected in the previous report.

Enclosure 2 - Status of Specific Items of Interest provides the status of specific items of interest including a summary of the item, the activities planned and accomplished under each item within the reporting period, and projected activities under each item for the next two reporting periods.

2-1 Transformation

As a modern, risk-informed regulator, the U.S. Nuclear Regulatory Commission (NRC) has demonstrated an ability to adopt new technologies and ways of implementing its safety and security mission. The NRC continues to make progress in four focus areas: (1) recruiting, developing, and retaining a strong workforce (Our People); (2) improving decision-making through the acceptance of an appropriate level of risk without compromising the NRCs mission (Be riskSMART); (3) establishing a culture that embraces innovation (Innovation); and (4) adopting new and existing information technology resources (Using Technology). These focus areas are now interwoven into the agencys strategic goals and objectives.

The agency has completed all but one of the initial formal agencywide initiatives associated with the four focus areas. The remaining initiative centers on fostering a culture that embodies the NRC Values and Leadership Model, which supports the agencys strategic goal of fostering a healthy organization. Further, based on analysis of data from the 2023 Jam, an agencywide collaborative online discussion, the NRC is focusing on areas to support our organizational health strategic goal.

Activities Planned and Completed for the Reporting Period (Quarter (Q) 2 Fiscal Year (FY) 2024)

Projected Transformation Activities Completion Completion Date Date Provided additional agencywide communications on the Jam actions and 02/29/24 04/10/249 how those actions are helping to enhance organizational health and performance.

Projected Activities for the Next Two Reporting Periods (Q3 and Q4 FY 2024)

Projected Transformation Activities Projected Completion Date Conduct an internal pulse survey regarding implementation of Jam actions that are helping to enhance organizational health and 06/28/24 performance.

Provide final agencywide communications on the Jam actions related to workload prioritization and management and how those actions are 09/30/24 helping to enhance organizational health and performance.

2-2 Workforce Development and Management

9 This activity was completed on April 10, 2024, rather than the projected completion date of February 29, 2024, because additional agencywide communications on the Jam actions were provided during the Executive Director for Operations Town Hall meeting on April 10, 2024.

The NRC engages in a five-step Strategic Workforce Planning (SWP) process during the FY to improve workforce development to meet its near-term and long-term work demands. 10 The first step in this process is an Agency Environmental Scan that projects the amount and type of work anticipated in the next 5 years and identifies the workforce needs to perform that work. By analyzing the current workforce and comparing it to future needs, skill gaps can be identified. In the final step of the process, both short-term and long-term strategies are developed to enable the agency to recruit, retain, and develop a skilled and diverse workforce with the competencies and agility to address both current and emerging needs and workload fluctuations.

To cover anticipated attrition and address skill gaps, the agency continued implementing strategies to recruit and onboard a significant number of new employees during this reporting period; the agency plans to continue this recruitment effort going forward. Senior leaders are collaborating to develop agencywide priorities to concentrate hiring on those positions with the greatest mission impact. This recruitment effort is positioning the agency to continue to fulfill its important safety and security mission well into the future.

Activities Planned and Completed for the Reporting Period (Q2 FY 2024)

Workforce Development and Management Projected Completion Date Activities Completion Date Conducted recruitment activities and made selections for the 2024 Nuclear Regulator 01/31/24 01/04/24 Apprenticeship Network (NRAN) cohort.

Conducted recruitment activities and made selections for the Summer 2024 Internship 01/31/24 01/08/24 Program.

Projected Activities for the Next Two Reporting Periods (Q3 and Q4 FY 2024)

Projected Workforce Development and Management Projected Activities Completion Date Update SWP Guidance and share Final Evaluation Report with all NRC 06/30/2411 offices.

Finalize security clearance reviews and onboard Summer 2024 Student 06/30/24 Interns.

Finalize security clearance reviews and prepare to onboard NRAN 2024 06/30/24 cohort members.

10 In FY 2023, the NRC paused its SWP process, as the agency initiated an in-depth evaluation to review and consider potential improvements to the process. The NRC is currently considering the recommendations from this evaluation and plans to take action to implement necessary changes and re-initiate the SWP process in FY 2024.

11 The projected completion date for this activity was extended from January 31, 2024, to June 30, 2024, to allow additional time to finalize the report, plan the implementation of recommendations, and develop communications regarding the agencys planned path forward.

2-3 Accident Tolerant Fuel

The NRC continues to take steps to make agency processes more efficient and effective for the review of Accident Tolerant Fuel (ATF), higher burnup, and increased enrichment submittals.

The NRC staff is executing the ATF project plan (Agencywide Documents Access and Management System Accession No. ML21243A298), which was revised to include an increased focus on higher burnup and increased enrichment fuels.

During this reporting period, the NRC received two additional ATF fuel vendor topical reports, which are currently undergoing acceptance reviews. On February 21, 2024, Framatome Inc.

submitted a topical report supplement regarding neutronic evaluation methods in boiling water reactors to support increased enrichment and higher burnup ( ML24057A359). On February 29, 2024, Westinghouse submitted a topical report for fuel cladding performance methods intended for use with higher burnup fuel ( ML24060A160). The NRC staff is currently on track to complete review of seven 12 ATF fuel vendor topical reports by the end of FY 2026, in time to support expected licensee submittals to use ATF. No additional ATF-related operating reactor license amendment requests (LARs) were submitted during this reporting period.

The NRC expects to receive additional LARs in FY 2024 from licensees of enrichment facilities and fuel fabrication facilities to directly support increased enrichment above 5 weight-percent uranium-235. The LARs received or approved during this reporting period include the following:

On November 30, 2023, the NRC received a LAR from Louisiana Energy Services, LLC (LES/Urenco) seeking to increase the enrichment limit from 5.5 to less than 10 weight-percent uranium-235 ( ML23334A122). On March 1, 2024, the NRC accepted the LAR for technical review ( ML24052A385). This LAR was requested to support industry need for increased enrichment uranium hexafluoride for ATF.

Activities Planned and Completed for the Reporting Period (Q2 FY 2024)

ATF Activities Projected Completion Date Completion Date Held a public workshop to discuss development of Regulatory Guide (RG) 1.183, Alternate Radiological Source Terms for Evaluating Design Basis Accidents at Nuclear Power Reactors, 01/09/24 01/09/2414 Revision 2, to provide an overview of the RG process, key milestones, opportunities for stakeholder engagement, and applicable source term research (ML24029A017).13

12 The increase in the number of ATF topical reports currently under review (from three reported in the previous report to seven reported in this report) reflects the two topical reports received during this reporting period and two additional topical reports that are under review but were inadvertently not reported previously.

13 The final version of RG 1.183, Revision 1 was issued on October 10, 2023.

14 Additional public workshops were held on February 13, 2024 (ML24103A233), and March 8, 2024 (ML24102A194).

ATF Activities Projected Completion Date Completion Date Participated in the 2024 NRC Regulatory Information Conference (RIC) to provide stakeholders an opportunity to learn about the progress of ATF licensing activities and technologies to date and the activities that support efficient licensing of ATF concepts. Through 03/14/24 03/14/24 participation at the RIC, the NRC staff communicated about ATF readiness activities, planned stakeholder engagements, the NRCs projected licensing timelines, and any challenges to ATF deployment timelines.

Projected Activities for the Next Two Reporting Periods (Q3 and Q4 FY 2024)

Projected ATF Activities Projected Completion Date Issuance of a report documenting a phenomena identification and ranking table exercise related to higher burnup fuel fragmentation, relocation, and dispersal and its potential consequences. The report will 05/31/2415 be used by the NRC to support changes to the regulatory infrastructure for higher burnup fuel.

Issue the final NUREG-2266, Environmental Evaluation of Accident Tolerant Fuels with Increased Enrichment and Higher Burnup Levels, which will generically evaluate the environmental impacts of a light-water reactor using ATF for up to 10 weight-percent uranium-235 for 09/30/24 uranium fuel cycle and decommissioning, for up to 8 weight-percent uranium-235 for transportation of ATF and wastes, and for burnups of up to 80 gigawatt-days per metric ton uranium for all three topic areas.

Hold the fifth Higher Burnup Workshop to discuss the state of development of higher burnup fuel and increased enrichment technical 09/30/24 and regulatory issues. The workshop will also provide a public forum for discussions between the NRC, industry, and other stakeholders.

2-4 Digital Instrumentation and Control

The NRC staff transitioned to using its improved infrastructure to support the review of licensees digital instrumentation and control (I&C) modernization LARs and continues to complete digital I&C infrastructure improvements to address protection against common cause failure (CCF) and consider endorsement of updated consensus standards. These activities support the NRCs vision to establish a more modern, risk-informed regulatory structure with reduced uncertainty that will enable the expanded safe use of digital technologies. 16

On September 26, 2022, Constellation Energy Generation, LLC submitted LARs for Limerick Generating Station, Units 1 and 2 (Limerick) to revise the licensing and design

15 The projected completion date for this activity was extended from March 31, 2024, to May 31, 2024, to allow additional stakeholder engagement and incorporate feedback.

16 The Turkey Point LAR review identified in the previous report has been suspended at the licensees request (ML23188A124).

basis to incorporate proposed digital modifications. The LARs also request other changes to plant functions and the reactivity control system. On May 23, 2023, Constellation informed the NRC staff that it is delaying submittal of information needed to complete the Limerick LARs by seven months and that it changed the planned installation of the digital modification from Unit 1 in Calendar Year (CY) 2024 to Unit 2 in CY 2025 (ML23143A342). The changes by Constellation are due to design refinement iterations with the digital system original equipment manufacturer. As a result of the changes by Constellation, the NRC staff revised its review schedule, including the planned completion date for the review ( ML23187A096). The review is scheduled to be completed by October 31, 2024.

The NRC staff provided SECY-22-0076 ( ML22164B003) to the Commission for its consideration on August 10, 2022, recommending expansion of the current policy on digital I&C CCF, which is contained in the SRM to SECY-93-087 ( ML003708056). On January 23, 2023, the NRC staff provided a supplement to SECY-22-0076 ( ML22357A037) to the Commission as a result of stakeholder views received; the supplement included additional discussion on the need for independent and diverse displays and manual controls in the main control room in the event of a CCF. The Commission approved the NRC staffs recommendation subject to revisions in SRM-SECY-22-0076 on May 25, 2023 ( ML23145A176). In accordance with the Commissions direction in SRM-SECY-22-0076, the NRC staff will be issuing final implementing guidance by May 25, 2024, through Revision 9 to Branch Technical Position (BTP) 7-19 to add guidance for the review of risk-informed approaches. The NRC staff also plans to revise guidance for non-light-water reactors (non-LWRs), including the Design Review Guide ( ML21011A140), after obtaining additional stakeholder perspectives on the implementation of the revised policy through pre-application engagement and ongoing advanced reactor I&C workshops.

Activities Planned and Completed for the Reporting Period (Q2 FY 2024)

Digital I&C Activities Projected Completion Date Completion Date Briefed the Advisory Committee on Reactor Safeguards (ACRS) Digital I&C Subcommittee 02/23/2417 02/22/24 on Revision 9 to BTP 7 -19.

Briefed the ACRS full committee on Revision 9 02/23/2418 03/06/24 to BTP 7-19.

Projected Activities for the Next Two Reporting Periods (Q3 and Q4 FY 2024)

Projected Digital I&C Activities Projected Completion Date Issue Revision 9 to BTP 7-19. 05/25/2419

17 In the previous report, this activity was described as Brief the ACRS on Revision 9 to BTP 7-19.

This activity has been separated into two activities to show the dates of the ACRS subcommittee briefing and ACRS full committee briefing.

18 In the previous report, this activity was described as Brief the ACRS on Revision 9 to BTP 7-19.

This activity has been separated into two activities to show the dates of the ACRS subcommittee briefing and ACRS full committee briefing.

19 The projected completion date for this activity was updated from May 24, 2024, to May 25, 2024, for accuracy.

Projected Digital I&C Activities Projected Completion Date Brief the ACRS Digital I&C Subcommittee on the review of the Limerick 08/20/24 Digital I&C LARs.

Brief the ACRS full committee on the review of the Limerick Digital I&C 09/06/24 LARs.

2-5 Vogtle Electric Generating Plant Units 3 and 4

The NRC issued two combined licenses (COLs) to Southern Nuclear Operating Company (SNC) and its financial partners on February 10, 2012, for two AP1000 units (Units 3 and 4) to be built and operated at the Vogtle site near Augusta, GA. Construction of Vogtle Units 3 and 4 is complete, and inspection activities for both units are being conducted under the Reactor Oversight Process (ROP). Vogtle Units 3 and 4 are currently in the Licensee Response Column of the ROP action matrix.

Since July 31, 2023, Vogtle Unit 3 has been operating commercially. SNC projects the start of commercial operations for Vogtle Unit 4 in Q2 CY 2024. 20

Activities Planned and Completed for the Reporting Period (Q2 FY 2024)

Vogtle Electric Generating Plant Projected Units 3 and 4 Activities Completion Completion Date Date Granted a LAR to remove Combined License Appendix C, Inspections, Tests, Analyses, and Acceptance 01/17/24 01/17/24 Criteria (ITAAC), for Vogtle Unit 4 (ML23279A004).

Conducted a public meeting to discuss the summary report on Part 52 lessons learned from construction at 02/29/24 02/14/24 Vogtle Units 3 and 4 and V.C.

Summer Units 2 and 3 (ML24059A393).

Projected Activities for the Next Two Reporting Periods (Q3 and Q4 FY 2024)

Consistent with the revised requirements noted in the September 26, 2019, letter from the Committee on Environment and Public Works and Subcommittee on Clean Air and Nuclear Safety, section 2-5 of this report is focused on activities associated with the licensing and construction of Vogtle Units 3 and 4, there are no planned activities projected for future reporting periods.

20 SNC reported that Vogtle Unit 4 entered commercial operation on April 29, 2024.

Vogtle Units 3 and 4 LAR Reviews Completed (Q2 FY 2024)

Number of LAR Reviews Forecast to be Number of LAR Reviews that Were Completed in the Reporting Period Completed in the Reporting Period 1 1

Consistent with the revised requirements noted in the September 26, 2019, letter from the Committee on Environment and Public Works and Subcommittee on Clean Air and Nuclear Safety, section 2-5 of this report is focused on activities associated with the licensing and construction of Vogtle Units 3 and 4. Given the status of both units, there are no additional LAR reviews forecasted for Vogtle Units 3 and 4.

2-6 Advanced Nuclear Reactor Technologies

The NRC continues to make significant progress in enhancing its efforts to review non-LWR designs, consistent with the NRC staffs vision and strategy ( ML16356A670) and implementation action plans to achieve non-LWR safety review readiness. 21 During this reporting period, the NRC staff continued its extensive stakeholder engagement, including holding several public meetings regarding various advanced reactor topics, such as the workshops on the advanced reactor construction oversight process ( ML24046A154), human factors considerations for remote operation of nuclear facilities (ML24061A181), and digital I&C (ML24060A181).

On March 4, 2024, in SRM-SECY-23-0021 (ML24064A047) the Commission directed the staff to publish a proposed rule and draft guidance to establish a voluntary risk-informed, performance-based, and technology-inclusive regulatory framework for commercial nuclear plants, commonly referred to as Part 53. The Commission approved, in part, the draft proposed rule proposed by the staff in SECY-23-0021, Proposed Rule: Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors (RIN 3150-AK31)

(ML21162A093), and directed the staff to make changes throughout the rule. The staff is revising the draft proposed rule to reflect the Commissions direction and, consistent with the Commissions direction in SRM-SECY-23-0021, will provide the Federal Register notice for the proposed rule to the Commission before it is published for public comment. After the NRC staff receives, considers, and addresses the public comments, the draft final rule package, including key guidance, will be submitted to the Commission for consideration. The NRCs rulemaking to establish a risk-informed, performance-based, and technology-inclusive regulatory framework for commercial nuclear plants is on target to be completed in advance of the Nuclear Energy Innovation and Modernization Act (NEIMA) required deadline of December 31, 2027. Further details about the rulemaking schedule can be found on the NRCs public website (https://www.nrc.gov/reactors/new-reactors/advanced/rulemaking-and-guidance/part-53.html ).

On January 24, 2024, the staff submitted SECY-24-0008, Micro-Reactor Licensing and Deployment Considerations: Fuel Loading and Operational Testing at a Factory (ML23207A250), to the Commission for its consideration with options for regulating certain aspects of fuel loading and operational testing of commercial factory-fabricated micro-reactors.

This paper also seeks Commission direction on whether a factory-fabricated micro-reactor that

21 The NRCs public website lists the implementation action plans and is updated periodically to show the status of these activities (https://www.nrc.gov/reactors/new-reactors/advanced/details.html#visStrat).

includes features to preclude criticality would require a facility operating license or a COL when loaded with fuel.

The NRC staff also completed its efforts to develop guidance for non-LWR licensing related to the Technology-Inclusive Content of Applications Project (TICAP) and Advanced Reactors Content of Applications Project (ARCAP). The staff addressed the comments received from stakeholders and published the nine ARCAP interim staff guidance (ISG) documents and RG 1.253, Guidance for a Technology-Inclusive Content-of-Application Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light-Water Reactors, on March 25, 2024. Collectively, these ten documents will provide applicants with a thorough set of guidance for filing applications for advanced reactors that use non-LWR technology under the existing regulations in 10 CFR Parts 50 and 52. In developing the guidance documents, the staff worked extensively with the Department of Energy (DOE),

industry, and other stakeholders. The NRC anticipates that some advanced reactor designers may file applications using the ARCAP/TICAP methodology in the near future.

The NRC holds periodic public stakeholder meetings to discuss advanced reactor topics of interest. A list of the meetings that the NRC conducted to date can be found on the NRCs public website (https://www.nrc.gov/reactors/new-reactors/advanced/get-involved/meetings.html ). The NRC also actively engaged with stakeholders regarding the ARCAP. A list of these meetings and related draft guidance documents to support the meetings can be found on the NRCs public website ( https://www.nrc.gov/reactors/new-reactors/advanced/rulemaking-and-guidance/advanced-reactor-content-of-application-project.html).

On April 13, 2023, the Commission directed the staff to license and regulate near-term fusion energy systems under a byproduct material framework ( ML23103A449) and approved a limited-scope rulemaking. The Commission also directed the staff to develop a new volume of NUREG-1556, Consolidated Guidance About Materials Licenses, dedicated to fusion energy systems to provide consistent guidance across the National Materials Program. Finally, the Commission directed the staff to take into account the existence of fusion systems that already have been licensed and are being regulated by the Agreement States, as well as those that may be licensed prior to the completion of the rulemaking. The NRC staff initiated the development of the draft proposed rule language and draft guidance and has been holding public meetings to discuss the development of the draft proposed rule and guidance under NUREG-1556 since July 2023. During this reporting period, the NRC staff held two public meetings on January 17 and March 18, 2024, to continue to engage stakeholders during the rulemaking and guidance development process. The NRC staff has released preliminary proposed rule language and preliminary draft guidance as part of the meeting handouts to support stakeholder engagement.

The draft proposed rule and draft guidance for fusion systems are scheduled to be provided to the Commission for its consideration in September 2024.

Activities Planned and Completed for the Reporting Period (Q2 FY 2024)

Advanced Nuclear Reactor Technologies Projected Completion Date Activities Completion Date Submitted SECY-24-0008, Micro-Reactor Licensing and Deployment Considerations: 01/31/24 01/24/24 Fuel Loading and Operational Testing at a

Advanced Nuclear Reactor Technologies Projected Completion Date Activities Completion Date Factory (ML23207A250), to the Commission. 22 Issued final guidance, DANU-ISG-2023-01, Material Compatibility for Non-Light Water 02/29/24 02/16/24 Reactors ( 89 FR 12383; 89 FR 8065).

Submitted SECY-24-0020, Advanced Reactor Program Status (ML23350A002), to the 03/29/24 02/27/24 Commission.

Issued Revision 4 to RG 4.7, General Site Suitability Criteria for Nuclear Power Stations 03/15/2423 02/29/24 (89 FR 14743).

Issued final DANU-ISG-2022-01, Review of Risk-Informed, Technology-Inclusive 03/29/24 03/25/24 Advanced Reactor ApplicationsRoadmap (ML23277A139).

Issued final DANU-ISG-2022-02, ARCAP Chapter 2, Site Information (ML23277A140). 03/29/24 03/25/24

Issued final DANU-ISG-2022-03, ARCAP Chapter 9, Control of Routine Plant 03/29/24 03/25/24 Radioactive Effluents, Plant Contamination and Solid Waste ( ML23277A141).

Issued final DANU-ISG-2022-04, ARCAP Chapter 10, Control of Occupational Dose 03/29/24 03/25/24 (ML23277A142).

Issued final DANU-ISG-2022-05, ARCAP Chapter 11, Organization and Human-System 03/29/24 03/25/24 Considerations (ML23277A143).

Issued final DANU-ISG-2022-06, ARCAP Chapter 12, Post-Manufacturing and 03/29/24 03/25/24 Construction Inspection, Testing, and Analysis Program (ML23277A144).

22 In the previous report, this activity was described as Submit a paper to the Commission on Micro-Reactor Licensing and Deployment Considerations: Fuel Loading and Operational Testing at a Factory.

23 This activity was not identified as a projected activity in the previous report because the publication of Revision 4 to RG 4.7 followed the resolution of public comments on the draft guidance (DG-4034),

which, as reported in the previous report, was published for public comment on October 18, 2023.

Advanced Nuclear Reactor Technologies Projected Completion Date Activities Completion Date Issued final DANU-ISG-2022-07, ARCAP Risk-Informed Inservice Inspection/Inservice 03/29/24 03/25/24 Testing Programs for Non-LWRs (ML23277A145).

Issued final DANU-ISG-2022-08, ARCAP Risk-Informed Technical Specifications 03/29/24 03/25/24 (ML23277A146).

Issued final DANU-ISG-2022-09, ARCAP Risk-Informed, Performance-Based Fire 03/29/24 03/25/24 Protection Program (for Operations)

(ML23277A147).

Issued final RG 1.253, Guidance for a Technology-Inclusive Content-of-Application Methodology to Inform the Licensing Basis 03/29/24 03/25/24 and Content of Applications for Licenses, Certifications, and Approvals for Non-Light-Water Reactors (ML23269A222).

Projected Activities for the Next Two Reporting Periods (Q3 and Q4 FY 2024)

Projected Advanced Nuclear Reactor Technologies Activities Projected Completion Date Conduct a public workshop on codes and standards for new and 04/04/24 advanced reactors.

Present the Status Update on Computer Code and Model for Non-Light-Water Reactors ( ML24069A003) to the ACRS full 04/30/24 committee.

Conduct a public workshop on the SCALE/MELCOR non-LWR 08/30/24 fuel cycle demonstration project for a molten salt reactor.

Publish DG-1410 (proposed new RG 1.251),

Technology-Inclusive, Risk-Informed, and Performance-Based 12/31/2424 Methodology for Seismic Design of Commercial Nuclear Plants, for public comment.

Publish DG-1307 (proposed new RG 1.252), Seismically 12/31/2425 Isolated Nuclear Power Plants, for public comment.

2-7 Advanced Reactor Pre-application and Licensing Reviews

The NRC staff continues to prepare, through early interactions with reactor designers, to review specific advanced reactor designs. These pre-application interactions provide predictability in

24 The projected completion date for this activity was extended from April 30, 2024, to December 31, 2024, consistent with Commission direction on the 10 CFR Part 53 draft proposed rule, as this guidance would support implementation of the rule.

25 The projected completion date for this activity was extended from April 30, 2024, to December 31, 2024, consistent with Commission direction on the 10 CFR Part 53 draft proposed rule, as this guidance would support implementation of the rule.

the licensing process through early identification and, where appropriate, resolution of technical and policy issues that could affect licensing. Information on the reactor designers that formally notified the NRC of their intent to engage in regulatory interactions can be found on the NRCs public website (https://www.nrc.gov/reactors/new-reactors/advanced/ongoing-licensing-activities/pre-application-activities.html).

Kairos Construction Permit Application Reviews for Hermes 2

In September 2021, Kairos Power LLC (Kairos) submitted a construction permit application for a non-power fluoride salt-cooled, high-temperature reactor (Hermes 1). The NRC staff issued the construction permit for the Hermes 1 test reactor facility on December 14, 2023 (ML23338A258). Application documents and information regarding the review are available on the NRCs public website ( https://www.nrc.gov/reactors/non-power/hermes-kairos.html ).

On July 14, 2023, Kairos submitted a second construction permit application for a two-unit test reactor facility (Hermes 2) that would be located on the same site as the Hermes 1 test reactor (ML23195A121). The Hermes 2 test reactors would use the same fluoride salt-cooled, high-temperature reactor technology as the Hermes 1 reactor but would incorporate some additional features, such as intermediate salt loops and a shared turbine generator system. The NRC staff accepted the Hermes 2 construction permit application for review on September 11, 2023 (ML23233A167). On October 11, 2023, the NRC staff issued a letter to Kairos outlining the estimated schedule and resources needed to complete the safety and environmental reviews for the Hermes 2 construction permit application ( ML23269A176). The NRC staff continues to progress on the review of the Hermes 2 construction permit application and remains on schedule. Application documents and information regarding the review are available on the NRCs public website ( https://www.nrc.gov/reactors/non-power/new-facility-licensing/hermes2-kairos.html).

Abilene Christian University Molten Salt Research Reactor Construction Permit Application Review

On August 12, 2022, Abilene Christian University (ACU) submitted an application for a construction permit for a molten salt research reactor (MSRR) (less than 1 megawatt thermal power) to be located on the ACU campus in Abilene, TX ( ML22227A201). On October 20, 2022, ACU supplemented its application to provide additional instrumentation and control design information (ML22293B817).

The NRC staff performed an acceptance review of the MSRR construction permit application and docketed the application on November 18, 2022 ( ML22313A097). The NRC staff is currently conducting a detailed technical review of the safety of the MSRR design, which will lead to a Safety Evaluation (SE). On March 14, 2024, the NRC staff issued the environmental assessment and finding of no significant impact (FONSI) ( 89 FR 18678). The NRC staff sent ACU a letter on December 16, 2022, communicating that the staff anticipated issuing the final SE by May 2024 ( ML22341A615). On December 21, 2023, the NRC staff notified ACU that additional information would be needed for the staff to complete its review of the MSRR application (ML23348A196). As discussed in the December 21, 2023, letter, once ACU provides the requested information on the identified topics, the NRC staff will provide an update to the schedule and level of effort communicated in its December 16, 2022, letter. On March 28, 2024, ACU provided its response to one of the two requests for additional information (ML24094A332). In a separate correspondence on the same day, ACU requested an extension of the submittal date to April 30, 2024, for the second request for additional information (ML24088A279). Application documents and information on the review are available on the

NRCs public website ( https://www.nrc.gov/reactors/non-power/new-facility-licensing/msrr-acu.html ).

TerraPower Natrium Demonstration Reactor Construction Permit Application Review On March 28, 2024, TerraPower, LLC (TerraPower), on behalf of US SFR Owner, LLC, a wholly owned subsidiary of TerraPower, submitted a construction permit application for Kemmerer Power Station Unit 1 (Kemmerer Unit 1) (ML24088A059). Kemmerer Unit 1 would be sited in Lincoln County, WY, and would be used to demonstrate the Natrium sodium fast reactor technology under DOEs Advanced Reactor Demonstration Program. The NRC staffs acceptance review of the application is ongoing.

Activities Planned and Completed for the Reporting Period (Q2 FY 2024)

Advanced Reactor Licensing Review Activities Projected Completion Completion Date Date Completed a preliminary draft of the ACU 01/31/24 01/26/24 environmental assessment.

Completed draft SE for Kairos Hermes 2. 03/11/24 03/06/24 Issued the ACU environmental assessment and 04/30/24 03/14/24 FONSI (89 FR 18678).

Advanced Reactor Pre-application Review Projected Completion Date Activities Completion Date Issued final SE to University of Illinois at Urbana-Champaign for its topical report on accident 03/29/24 03/07/24 analysis identification and safety classification methodology (ML24039A164).

Projected Activities for the Next Two Reporting Periods (Q3 and Q4 FY 2024)

Projected Advanced Reactor Licensing Review Activities Projected Completion Date Complete regulatory audits and evaluate any additional docketed TBD26 information necessary for the preparation of the ACU SE.

Complete draft environmental assessment and, if applicable, draft 04/19/2427 FONSI for Kairos Hermes 2 and issue for 30-day public comment.

Make determination of whether to prepare an Environmental 05/31/24 Impact Statement or a FONSI for Kairos Hermes 2.

Complete development of Kairos Hermes 2 advanced SE, with all 06/24/24 sections completed and assembled.

26 On September 14, 2023, the NRC staff notified ACU that it was unable to complete the regulatory audits by August 30, 2023, because additional time is needed for ACU to provide necessary information to the staff and for the staff and ACU to bring the remaining technical topics to resolution.

On December 21, 2023, the NRC staff requested additional information needed to complete its review of the application. As discussed in the letter, the NRC staff will update the schedule once ACU submits the information needed to compete the review. ACU provided a response to one of the two requests for additional information during this reporting period.

27 The projected completion date for this activity was extended from March 29, 2024, to April 19, 2024, to support completion of the environmental review audit.

Projected Advanced Reactor Licensing Review Activities Projected Completion Date Complete review and NRC staff approval of Kairos Hermes 2 08/05/24 SE.28 Completion of ACRS meetings and ACRS review of Kairos 09/30/24 Hermes 2 SE.

Projected Advanced Reactor Pre-application Projected Completion Date Review Activities Issue final SE to Kairos for its topical report on 04/05/24 instrument setpoint methodology.

Issue final SE to University of Illinois at Urbana-Champaign for its topical report on regulatory 07/26/2429 applicability analysis.

Issue final SE to Westinghouse for its topical 07/26/24 reports on the Advanced Logic System v2.

Issue final SE to Terrestrial Energy for its 07/31/24 topical report on principal design criteria.

Issue final SE to Westinghouse for its topical 08/30/24 report on principal design criteria.

Issue final SE to X-energy for its topical report on atmospheric dispersion and dose 09/30/24 consequence methodology.

Issue final SE to TerraPower for its topical report on fuel and control assembly 09/30/24 qualification.

Issue final SE to TerraPower for its topical 09/30/24 report on principal design criteria.

Issue final SE to TerraPower for its topical 09/30/24 report on the assessment of volcanic hazards.

Issue final SE to X-energy for its topical report 11/29/2430 on principal design criteria.

2-8 Reactor Oversight Process

The ROP is a risk-informed, performance-based oversight program that contains provisions for continuous self-assessment and improvement.

Consistent with the Commissions direction in SRM-SECY-23-0010 ( ML23244A282), which was issued in the fourth quarter of FY 2023, the staff is revising procedures and processes to implement an emergency response facility and equipment readiness performance indicator to

28 The final SE will not be issued until after the ACRS completes its review of the SE.

29 The projected completion date for this activity was extended from March 29, 2024, to July 26, 2024, because revisions to the topical report changed the scope of the review and as a result, the draft safety evaluation will need to be revised.

30 The projected completion date for this activity was extended from March 29, 2024, to November 29, 2024, because on February 16, 2024, X-energy submitted Revision 3 to its principal design criteria topical report, which included additional changes beyond those that had been previously requested.

The revised date reflects the additional time needed for the NRC staff to complete its review, which will include a presentation to the ACRS.

measure licensee emergency preparedness. Final implementation of the indicator is planned for Q2 FY 2025.

The NRC staff is currently evaluating Inspection Manual Chapter 0609, Appendix E, Part I, Baseline Security Significance Determination Process for Power Reactors ( ML22178A222) to determine whether it can be improved or further risk-informed. The NRC formed an internal working group in the beginning of CY 2024 that will evaluate feedback from both internal and external stakeholders and identify options for potential improvements. Those options are expected to be developed and provided to NRC senior managers in Q3 FY 2024. The NRC staff is also in the process of revising Inspection Manual Chapter 0609, Appendix B, Emergency Preparedness Significance Determination Process ( ML15128A462), dated September 22, 2015, in accordance with the Commissions direction.

The NRC staff continues to assess the ROP as part of its normal work practices through the NRCs Be RiskSMART framework, stakeholder correspondence, feedback from ROP public meetings, and the ROP self-assessment program. If potential changes are identified, the staff will seek Commission approval of changes to the ROP, or provide the Commission with notification of changes, as appropriate, in accordance with Management Directive/Directive Handbook 8.13, Reactor Oversight Process ( ML17347B670).

Activities Planned and Completed for the Reporting Period (Q2 FY 2024)

ROP Activities Projected Completion Date Completion Date N/A N/A N/A

Projected Activities for the Next Two Reporting Periods (Q3 and Q4 FY 2024)

Projected ROP Activities Projected Completion Date Complete CY 2023 ROP Self-Assessment and submit an information 04/15/24 paper to the Commission.

Assess the baseline security significance determination process for power reactors ( ML22178A222) as part of the ROP program area 06/30/24 evaluations under the ROP self-assessment program.

Submit a paper to the Commission on planned revisions of Inspection Manual Chapters and Inspection Procedures (IPs) regarding safety 06/30/24 culture.

2-9 Backfit

The NRCs backfitting rules are codified in 10 CFR Sections 50.109, Backfitting, 70.76, Backfitting, 72.62, Backfitting, and 76.76, Backfitting. The backfitting rules define backfitting as the modification of or addition to systems, structures, components, or design of a facility; or the design approval or manufacturing license for a facility; or the procedures or organization required to design, construct or operate a facility; any of which may result from a new or amended provision in the Commissions regulations or the imposition of a regulatory staff position interpreting the Commissions regulations that is either new or different from a

previously applicable staff position 31 The rules require, in the absence of an applicable exception, an analysis showing that the backfit would result in a substantial increase in the overall protection of the public health and safety or the common defense and security and that the increased protection warrants the direct and indirect costs of implementation. There are similar requirements, referred to as issue finality, that apply when there are new or amended requirements for licenses, permits, and design approvals and certifications issued under 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants.

The Commission changed its backfitting and issue finality policy as well as its policy on forward fits, which it defined as requirements or staff interpretations of requirements imposed as a condition of agency approval of a licensee request that result in the modification of or addition to systems, structures, components, or design of a facility, in NRC Management Directive 8.4, Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests (ML18093B087). The NRC completed draft NUREG-1409, Backfitting Guidelines, Revision 1, in March 2020 and issued a notice of availability in the Federal Register for public comment (ML18109A498). The NRC received approximately 250 individual comments from members of the public, licensees, and industry representatives. The NRC staff evaluated the comments, updated the draft NUREG, and provided the Commission with the staffs proposed NUREG-1409, Revision 1 (Final Report) ( ML21006A431). This revised document is currently before the Commission for its consideration.

Activities Planned and Completed for the Reporting Period (Q2 FY 2024)

Backfit Activities Projected Completion Date Completion Date Provided to the Commission for its consideration a draft final rule that would contain one backfit if approved: Regulatory Improvements for Production 01/30/24 01/31/24 and Utilization Facilities Transitioning to Decommissioning ( ML23258A200).

Projected Activities for the Next Two Reporting Periods (Q3 and Q4 FY 2024)

Projected Backfit Activities Projected Completion Date N/A N/A

2-10 Risk-informed Activities

The NRC staff continues to make progress to advance the use of risk insights more broadly to inform decision-making. There are numerous activities ranging in scope from agencywide initiatives, such as the Be riskSMART initiative, which is part of the transformation efforts discussed in Section 2-1, to the advanced reactor risk-informed activities listed in Section 2-6, to individual undertakings in program and corporate offices. 32 The NRC staff continues to implement and monitor the use of the agencywide Be riskSMART risk-informed decision-making framework to inform a broad range of decisions spanning technical, legal, and corporate arenas.

31 10 CFR 50.109(a)(1). Substantially similar definitions are provided in Sections 70.76, Backfitting, 72.62, Backfitting, and 76.76, Backfitting, for non-reactor facilities.

32 The NRC maintains a listing of risk-informed activities that is updated annually at https://www.nrc.gov/about-nrc/regulatory/risk-informed/rpp.html.

For example, the NRC staff continues to review and approve applications to adopt advanced risk management programs such as 10 CFR Section 50.69, Risk-informed categorization and treatment of structures, systems and components for nuclear power reactors, and Risk-Informed Technical Specifications Initiative 4b, 33 that provide for operational flexibilities that enhance safety by ensuring that power reactor licensees and the NRC prioritize the most risk significant issues.

The NRC staff is continuing to increase the use of risk insights in the review of new reactor applications. Specifically, the staff is leveraging risk insights in its detailed technical review of the NuScale standard design approval application for the NuScale VOYGR 460 standard design. These risk insights are being leveraged by the NRC staff to: (1) identify focus areas for the review to enhance effectiveness; (2) grade the review scope and schedule; and (3) support risk-informed resolutions of challenging technical issues. The staff is using an integrated team of reviewers from different subject areas to discuss and apply risk insights that can be leveraged to support the review. This use of risk insights in the NuScale VOYGR 460 review is aligned with the implementation of the lessons learned from the NuScale design certification application review (ML22294A144) and is an example of being a more modern risk-informed regulator. In March 2024, the NRC staff developed a Standardized Plant Analysis Risk model for the NuScale SDAA review with the goal of having more accessible and granular risk insights to support the review.

Activities Planned and Completed for the Reporting Period (Q2 FY 2024)

Projected Completion Risk-Informed Activities Completion Date Date Issued revisions of three materials IPs associated with Inspection Manual Chapter 2800 (specifically, IP 87121, Industrial Radiography Programs (ML23328A053); IP 87122, 10 CFR Part 36 - Panoramic Dry-Source-Storage, Panoramic Wet-Source-Storage, and Underwater 01/09/24 12/21/23 Irradiator Programs (ML23328A197); and IP 87125, Materials Processor/Manufacturer Programs (ML23328A025)). The NRC staff developed risk modules in each IP, with each module focusing on the risks of the relevant types of radioactive materials and their usage.

33 A description of these and other operating reactors risk-informed initiatives is available at https://www.nrc.gov/about-nrc/regulatory/risk-informed/rpp/reactor-safety-operating.html. To date, the NRC has approved 51 applications enabling licensees to adopt 10 CFR Section 50.69 and 53 applications enabling licensees to adopt Risk-Informed Technical Specifications Initiative 4b.

Projected Completion Risk-Informed Activities Completion Date Date Hosted a technical session at the 2024 NRC Regulatory Information Conference on In RISK We TRUST Enhancing Acceptance of Risk-Informed Decision-Making. The session engaged the NRC staff and representatives from external organizations in sharing the successes and challenges in effective implementation of risk-informed decision-making (RIDM). These activities 03/14/24 03/14/24 include reviews of new and advanced reactors, ATF, and new safety and security technologies. The session featured interactive discussions between the panel members, with a focus on discussions about cultural barriers for RIDM, as well as a means to support a culture that embraces RIDM.

Projected Activities for the Next Two Reporting Periods (Q3 and Q4 FY 2024)

Projected Risk-Informed Activities Projected Completion Date Continue to seek feedback from external stakeholders via public meetings on the Smart Sample for Probabilistic Risk Assessment Configuration Control. The staff initiated an effort to implement a balanced and performance-based approach to provide oversight of the probabilistic risk assessment configuration control by leveraging the 06/30/24 NRCs Operating Experience Smart Sample Program. The final Smart Sample for Probabilistic Risk Assessment Configuration Control was issued on January 9, 2024 ( ML23255A006) and is planned for implementation by Q3 of FY 2024.

Continue to offer internal workshops to the NRC staff to highlight recent accomplishments in leveraging RIDM and to discuss appropriate 09/30/24 application of the key principles of RIDM, as well as to highlight best practices and tools that have been developed to support RIDM.

2-11 Coronavirus Disease (COVID-19)

President Biden declared that the COVID-19 public health emergency ended effective May 11, 2023.The NRC developed portions of its website devoted to the regulatory activities taken in response to the COVID-19 pandemic. Specific posts related to nuclear power plant licensees, nuclear materials licensees, and security and emergency preparedness are available to keep the public informed on how the NRC adapted its regulatory approach during the pandemic. A complete list of licensing requests approved by the NRC in response to the COVID-19 pandemic is available on the NRC public website at https://www.nrc.gov/about-nrc/covid-19/index.html.

Regulatory Activities Taken in Response to the COVID-19 Pandemic During the Reporting Period

Number of COVID-19 Average Number of Licensee Type Requests Approved During Days to Review the Reporting Period COVID-19 Requests34 Power Reactor 0 N/A Non-Power Reactor 0 N/A Other (e.g., topical reports) 0 N/A Decommissioning of Nuclear 0 N/A Facilities and Uranium Recovery Storage and Transportation of 0 N/A Spent Nuclear Fuel Fuel Cycle Facilities 0 N/A Medical, Industrial and Academic Uses of Nuclear Materials and 0 N/A Agreement States

34 This average is calculated based on the dates the request is received and the review is completed; review time may be longer in cases where a supplement to a request is received after the initial submission date.

Enclosure 3 - Summary of Activities

3-1 Reactor Oversight Process (ROP) Findings

The table below provides the calendar year (CY) ROP findings for the year-to-date and 3-year rolling metrics.35

Location Number of CY 2021 CY 2022 CY 2023 CY 2024 Findings Nationally Total 278 399 466 124 Green 61 83 88 32 White 1 2 1 0 Yellow 0 0 0 0 Red 0 0 0 0 Greater-Than-Green Region I (GTG) Security 0 0 0 0

Total 62 85 89 32 No. of Units Operating During 2136 2037 20 20 CY Green 69 90 135 31 White 0 1 3 0 Yellow 0 0 0 0 Red 0 0 0 0 Region II GTG Security 0 0 5 0 Total 69 91 143 31 No. of Units Operating During 33 33 3438 3539 CY Green 65 89 103 24 White 0 2 0 0 Yellow 0 0 0 0 Red 0 0 0 0 Region III GTG Security 1 1 0 0 Total 66 92 103 24 No. of Units Operating During 2240 22 2141 21 CY

35 For the purposes of this report, the total number of findings per CY is based on the year in which an inspection report was issued instead of the year in which a finding was identified.

36 The reduction of one unit for CY 2021 reflects the permanent shutdown of Indian Point Nuclear Generating Unit 2 on April 30, 2020.

37 The reduction of one unit for CY 2022 reflects the permanent shutdown of Indian Point Nuclear Generating Unit 3 on April 30, 2021.

38 The increase of one unit for CY 2023 reflects Vogtle Unit 3 entering the ROP on August 3, 2022.

39 The increase of one unit for CY 2024 reflects Vogtle Unit 4 entering the ROP on July 28, 2023.

40 The reduction of one unit for CY 2021 reflects the permanent shutdown of Duane Arnold on August 10, 2020.

41 The reduction of one unit for CY 2023 reflects the permanent shutdown of Palisades on May 20, 2022.

Location Number of CY 2021 CY 2022 CY 2023 CY 2024 Findings Green 81 130 126 37 White 0 1 5 0 Yellow 0 0 0 0 Red 0 0 0 0 Region IV GTG Security 0 0 0 0 Total 81 131 131 37 No. of Units Operating During 18 18 18 18 CY

3-2 Licensing Actions

The tables below provide the status of licensing actions organized by licensing program.

Consistent with Section 102(c) of NEIMA, the licensing actions referenced in this section include requested activities of the Commission for which the NRC staff issues a final SE. These totals do not include LARs, as they are addressed separately in Section 3-3 of this report. Total Inventory refers to the total number of licensing actions that are open and accepted by the NRC at the end of the quarter. Licensing Actions Initiated During the Reporting Period are the number of licensing actions (regardless of acceptance) that are received by the NRC during the reporting period.

Operating Reactors

Percentage Percentage Licensing Licensing of Licensing of Licensing Actions Actions Actions Actions Reporting Total Initiated Completed Completed Completed Period Inventory During the During the Prior to the Prior to the Reporting Reporting Generic Established Period Period42 Milestone Schedule43 Schedule Q3 FY 2023 132 55 59 100% 95%

Q4 FY 2023 114 48 64 99% 100%

Q1 FY 2024 206 14544 43 100% 91%

Q2 FY 2024 149 54 111 100% 99%45

42 Requested activities included in the initiated actions total but subsequently withdrawn are not included in the completed actions total because no final SE was issued.

43 The established schedule is the schedule communicated to the licensee and made publicly available at the completion of the acceptance review.

44 The significant inventory increase is due to 105 licensing actions submitted in Q1 FY 2024 that request additional time to address emergent issues identified with a security rule that licensees are required to implement by January 8, 2024. The reviews are being expedited, and the NRC issued decisions on 94 of the licensing actions in Q2 FY 2024. The NRC expects to issue decisions on the remaining 5 requests, involving 11 licensing actions, in Q3 FY 2024.

45 One request for a proposed alternative to implement a risk-informed categorization and treatment for repair or replacement activities exceeded the established schedule by 180 days. The NRC received two requests to implement the same alternative within a short time and identified several complex technical issues while reviewing the first request. The decision on the first request was issued in December 2023. The NRC expects to follow the same approach to complete the review of the second request and to issue its decision in Q3 FY 2024.

New Reactors

Licensing Percentage Percentage of Actions Licensing of Licensing Licensing Initiated Actions Actions Actions Reporting Total During Completed Completed Completed Period Inventory the During the Prior to the Prior to the Reporting Reporting Generic Established Period Period46 Milestone Schedule Schedule Q3 FY 2023 0 0 2 100% 100%

Q4 FY 202347 4 4 0 N/A N/A Q1 FY 202448 1 0 1 100% 0%49 Q2 FY 2024 1 0 0 N/A N/A

Fuel Facilities

Licensing Licensing Percentage of Percentage of Actions Actions Licensing Licensing Reporting Total Initiated Completed Actions Actions Period Inventory During the During the Completed Prior Completed Reporting Reporting to the Generic Prior to the Period Period Milestone Established Schedule Schedule Q3 FY 2023 4 4 4 100% 100%

Q4 FY 2023 3 5 6 100% 67%50 Q1 FY 2024 7 4 0 100% 100%

Q2 FY 2024 10 7 4 100% 100%

46 Requested activities included in the initiated actions total but subsequently withdrawn are not included in the completed actions total because no final SE was issued.

47 For Q4 FY 2023, the total inventory and the licensing actions initiated were changed from 5 to 4 to correct a reporting error from the previous report. The item that was removed is no longer included in the table since it was not a requested activity of the Commission.

48 For Q1 FY 2024, the total inventory was changed from 3 to 1 and the licensing actions initiated was changed from 1 to 0 to correct a reporting error from the previous report. The total inventory decreased from 4 to 1 to reflect the termination and withdrawal of the Carbon Free Power Project (CFPP) Limited Work Authorization (LWA) application and exemption request, requested by the applicant, as well as the completion of one licensing action. The CFPP LWA application and exemption request are no longer included in the table, starting with Q1 FY 2024, since they are no longer requested activities of the Commission.

49 One licensing action exceeded the established schedule by 19 days because additional time was needed for SNC to review the safety evaluation for proprietary information.

50 Two out of six fuel cycle licensing actions exceeded the established schedule because these reviews were deferred while the NRC staff worked on higher-priority reviews.

3-3 Licensing Amendment Request Reviews

The tables below provide the status of LARs organized by licensing program. Consistent with Section 102(c) of NEIMA, the LARs referenced in this section include requested activities of the Commission for which the NRC staff issues a final SE. The total inventory is the number of open LARs at the end of the quarter. LARs are included in the total inventory after they have been accepted by the NRC (the acceptance review period is generally 30 days after the application is submitted).

Operating Reactors

LARs LAR Percentage Submitted Reviews Percentage of LAR of LAR Reporting Total During Completed Reviews Completed Reviews Period Inventory the During the Prior to the Generic Completed Reporting Reporting Milestone Schedule Prior to the Period Period51 Established Schedule52 Q3 FY 2023 244 68 61 100% 97%

Q4 FY 2023 223 59 75 100% 81%53 Q1 FY 2024 190 39 68 100% 93%

Q2 FY 2024 168 36 54 99% 85%

New Reactors

LARs LAR Percentage of Percentage of Submitted Reviews LAR Reviews LAR Reviews Reporting Total During the Completed Completed Prior Completed Period Inventory Reporting During the to the Generic Prior to the Period Reporting Milestone Established Period Schedule Schedule Q3 FY 2023 6 654 1 100% 100%

Q4 FY 2023 6 2 2 100% 100%

Q1 FY 2024 1 0 5 100% 100%

Q2 FY 2024 0 0 1 100% 100%

51 Requested activities included in the submitted LARs total but subsequently withdrawn are not included in the completed LARs total because no final SE was issued.

52 The established schedule is the schedule communicated to the licensee and made publicly available at the completion of the acceptance review.

53 One review of a LAR that proposed a first-of-a-kind security-related methodology exceeded the established schedule by 180 days. The complex technical issues resulted in requests for additional information, multiple closed public meetings, a site visit, and the licensee submitting supplements, including one that superseded the previous LAR. The last public meeting was on September 19, 2023, and the licensee indicated that it would discuss the options for moving forward internally and reengage with the NRC staff. The licensee withdrew the request in October 2023. The two associated licensing actions are no longer included in the table, starting with Q1 FY 2024, since they are no longer requested activities of the Commission.

54 The six LARs submitted during Q3 FY 2023 include one LAR submitted by SNC on April 5, 2023, but withdrawn on May 17, 2023; and five LARs submitted and accepted by the NRC staff for review. This results in six LARs for the total inventory for Q3 FY 2023 (five LARs submitted and accepted plus one LAR outstanding from Q2 FY 2023).

Fuel Facilities

LARs LAR Reviews Percentage of Percentage of Submitted Completed LAR Reviews LAR Reviews Reporting Total During the During the Completed Prior Completed Period Inventory Reporting Reporting to the Generic Prior to the Period Period Milestone Established Schedule Schedule Q3 FY 2023 10 6 5 100% 100%

Q4 FY 2023 12 6 4 100% 50%55 Q1 FY 2024 9 4 7 100% 71%56 Q2 FY 2024 11 4 2 100% 50%57

3-4 Research Activities58

Summary of New Research Projects

During the reporting period, the Office of Nuclear Regulatory Research (RES) did not initiate research on or substantially revise any projects.

Summary of Completed Research Projects 59

During the reporting period, the following research project was completed:

User Need Request to Support and Enhance the SNAP/RADTRAD Computer Code for Use in NRC Licensing Activities (NRR-2017-012)

The NRC relies on specialized software for evaluating nuclear safety and to support its licensing processes. To predict how much radioactive material Importance to the could be released into the environment during a potential nuclear power plant NRC Mission accident, the NRC uses the Symbolic Nuclear Analysis Package /

RADionuclide, Transport, Removal, and Dose Estimation (SNAP/RADTRAD).

Keeping this software updated is important to support the NRC staff making licensing decisions in an effective, efficient, realistic, and timely manner.

The NRCs research provided support, development, and maintenance of the SNAP/RADTRAD software. This work allows the NRC staff to assess dose Research Results consequences of design basis accidents more efficiently, review license or Findings amendment requests, and consider a wide range of technical issues. The research provided enhancements to the code, including the restructuring of RADTRAD into a more modern object-oriented design, which enhances the maintainability of the code for future programmers. This activity also

55 Two out of four LARs exceeded the established schedule because these reviews were deferred while the NRC staff worked on higher-priority reviews.

56 Two out of seven LARs exceeded the established schedule. The first review involved multiple NRC licenses and required additional coordination. The second review was delayed one week as the NRC and licensee coordinated on how to characterize proprietary information in the publicly available SE.

57 One out of two LARs exceeded the established schedule by 12 days due to limited staff availability.

This extension was communicated and agreed to by the licensee.

58 This section provides information about projects that were started or completed during the reporting period that exceeded 300 staff hours or $500K of program support for the total duration of the project.

59 The research project resources are estimates of staff hours and program support costs based on inspection of project records, including staffing plans and contract spending plans.

supported distribution, technical support, and training for SNAP/RADTRAD through the NRCs Radiation Protection Computer Code Analysis and Maintenance Program.

Duration of the 6 years Project Estimate of Total 6 Full-Time Equivalent (FTE) and $670K over the 6-year period Research Resources

3-5 Fees Billed

The tables below provide information on Part 170 fees billed for each fee class. For each fee class, the NRC staff compared the fees billed to the receipts estimated in the annual fee rule. 60

FY 2024 Part 170 Total Part 170 -

Fee Class Receipts Estimated Part 170 Billed in Q2 Billed in FY 2024

- Proposed Fee FY 2024 ($M) ($M)

Rule ($M)

Fuel Facilities $10.5 $2.2 $4.7 Generic $8.1 $0.3 $0.5 Decommissioning Materials Users 61 $0.8 $0.2 $0.562 Operating Power $165.3 $41.4 $86.5 Reactors Non-Power Production or $4.6 $0.9 $1.5 Utilization Facilities Spent Fuel Storage/

Reactor $12.2 $3.2 $6.3 Decommissioning Rare Earth $0.2 $0.0 $0.0 Transportation $3.5 $0.5 $1.1 Uranium Recovery $0.4 $0.1 $0.2

Significant Ongoing Licensing Actions

The following table includes a comparison of the fees billed to projected resources for subsequent license renewal application reviews and the Kairos Hermes 1 and Kairos Hermes 2 construction permit application reviews.

60 The FY 2024 Proposed Fee Rule estimated collections are being used until the FY 2024 Final Fee Rule is published. The FY 2024 Proposed Fee Rule was published in the Federal Register (FR) on February 20, 2024 (89 FR 12759).

61 Materials Users - Billed as flat fee applications and included in the estimates and billed.

62 Total Part 170 - Billed in FY 2024 ($M) for Materials Users reflects a correction. Specifically, Q1 should have been reported as $0.249M instead of $0.091M in the previous report. Additionally, Total Part 170 - Billed in FY 2024 ($M) for Materials Users may not add due to rounding: $0.249M reported in Q1 plus $0.214M in Q2 totals $0.463M.

Projected Fees Billed Docket Project Name Resources to Date

($M)63 ($M)64 Point Beach Units 1 and 2 Point Beach Units 1 and 2 05000266/05000301 Subsequent License Renewal $5.065 $3.5 Application Safety Review Point Beach Units 1 and 2 Point Beach Units 1 and 2 Subsequent License Renewal $1.4 $1.5 05000266/05000301 Application Environmental Review North Anna Units 1 and 2 North Anna Units 1 and 2 05000338/05000339 Subsequent License Renewal $5.066 $3.0 Application Safety Review North Anna Units 1 and 2 North Anna Units 1 and 2 Subsequent License Renewal $1.4 $2.1 05000338/05000339 Application Environmental Review Oconee Units 1, 2, and 3 Oconee Units 1, 2, and 3 05000269/05000270/ Subsequent License Renewal $5.067 $3.8 05000287 Application Safety Review Oconee Units 1, 2, and 3 Oconee Units 1, 2, and 3 05000269/05000270/ Subsequent License Renewal $1.4 $1.4 05000287 Application Environmental Review St. Lucie Units 1 and 2 St. Lucie Units 1 and 2 05000335/05000389 Subsequent License Renewal $5.068 $4.1 Application Safety Review St. Lucie Units 1 and 2 St. Lucie Units 1 and 2 Subsequent License Renewal $1.4 $0.4 05000335/05000389 Application Environmental Review

63 Projected resources are calculated based on the FTE estimates provided to applicants in the acceptance letters. Dollar amounts are obtained by multiplying the hours estimate by the professional hourly rate.

64 The NRC bills its licensees/applicants in the first month of the quarter following the timeframe in which the work was performed. For example, NRC work performed in January, February, and March would be invoiced to the licensee/applicant in April. Therefore, the total billed amounts listed in Table 3-5 reflect costs for NRC work performed through December 2023.

65 When the formal acceptance letter for the Point Beach subsequent license renewal application was sent to the licensee on January 15, 2021 (ML21006A417), the NRC estimated that it would take approximately $6.4M to complete the application review.

66 When the formal acceptance letter for the North Anna subsequent license renewal application was sent to the licensee on October 13, 2020 (ML20258A284), the NRC estimated that it would take approximately $6.4M to complete the application review.

67 When the formal acceptance letter for the Oconee subsequent license renewal application was sent to the licensee on July 22, 2021 (ML21194A245), the NRC estimated that it would take approximately

$6.4M to complete the application review.

68 When the formal acceptance letter for the St. Lucie subsequent license renewal application was sent to the licensee on September 24, 2021 (ML21246A091), the NRC estimated that it would take approximately $6.4M to complete the application review.

Projected Fees Billed Docket Project Name Resources to Date

($M)63 ($M)64 Kairos Hermes 1 Kairos Hermes 1 -

05007513 Construction Permit - Safety $5.569 $5.070 and Environmental Reviews Kairos Hermes 2 Units 1 Kairos Hermes 2 Units 1 and 2 and 2 Construction Permit - Safety $3.171 $0.5 05000611/05000612 and Environmental Reviews Monticello Unit 1 Monticello Unit 1 Subsequent 05000263 License Renewal Application $5.172 $2.4 Safety Review Monticello Unit 1 Monticello Unit 1 Subsequent 05000263 License Renewal Application $2.1 $0.8 Environmental Review V.C. Summer Unit 1 V.C. Summer Unit 1 05000395 Subsequent License Renewal $5.073 $0.6 Application Safety Review V.C. Summer Unit 1 V.C. Summer Unit 1 Subsequent License Renewal $1.4 $0.1 05000395 Application Environmental Review

3-6 Requests for Additional Information (RAIs)

The table below provides information on RAIs associated with licensing actions that are considered requested activities of the Commission for which the NRC staff issues a final SE, consistent with Section 102(c) of NEIMA. While Section 102(c) of NEIMA applies to licensing actions accepted after July 13, 2019, the RAI data also include licensing actions accepted prior to July 13, 2019, to provide a complete inventory.

69 The projected resource estimate was provided to Kairos Power LLC by letter dated December 15, 2021 (ML21343A214).

70 The NRC bills its licensees/applicants in the first month of the quarter following the timeframe in which the work was performed. For example, NRC work performed in October, November, and December would be invoiced to the licensee/applicant in January. Fees Billed to Date for the Kairos Hermes 1 safety and environmental reviews went up in Q2 FY 2024 because it reflects the fees that were billed for work performed in Q1 FY 2024. Kairos Hermes 1 will be removed from this table in the next report because the NRC issued the construction permit on December 14, 2023.

71 The projected resource estimate was provided to Kairos Power LLC by letter dated October 11, 2023 (ML23269A176).

72 When the formal acceptance letter for the Monticello subsequent license renewal application was sent to the licensee on February 23, 2023 (ML23047A175), the NRC estimated that it would take approximately $7.2M to complete the application review.

73 When the formal acceptance letter for the V.C. Summer subsequent license renewal application was sent to the licensee on October 11, 2023 (ML23275A014), the NRC estimated that it would take approximately $6.4M to complete the application review.

Total Total Total Inventory of Number Number of Total Number Type of Facility or Open RAIs as of of RAIs RAIs of RAIs Closed Activity Type the End of Issued in Responded in Reporting Reporting Period Reporting to in Period74 Period Reporting Period Operating Reactors 322 165 135 114 Non-Power Production and 115 0 2 53 Utilization Facilities75 Design Certifications 0 0 0 0 for New Reactors 76 Early Site Permits for N/A N/A N/A N/A New Reactors 77 Combined Licenses 0 0 0 0 for New Reactors Construction Permits for New Reactors or Non-Power 38 8 9 0 Production and Utilization Facilities Fuel Facilities 159 33 54 2 Power Reactor 5778 12 56 42 Decommissioning Research and Test Reactor 0 0 0 12 Decommissioning Spent Fuel 197 19 2 10 Materials 25 0 0 0 Pre-Application Activities for 1 0 1 0 Advanced Reactors

74 RAIs are considered closed once the final SE, environmental assessment, or environmental impact statement is finalized except for RAIs associated with new reactor application reviews. Due to the phased approach taken over several years for new reactor application reviews, RAIs are closed throughout the review process once the staff has determined that no additional information is needed to resolve the issue.

75 For the purposes of RAI reporting, non-power production and utilization facilities include all operating research and test reactors and medical radioisotope facilities licensed under Title 10 of the Code of Federal Regulations Part 50, Domestic Licensing of Production and Utilization Facilities.

76 No design certification applications are currently under review by the NRC; therefore, there will be no RAI data to report until an application is submitted and accepted by the NRC for review.

77 No early site permit applications are currently under review by the NRC; therefore, there will be no RAI data to report until an application is submitted and accepted by the NRC for review.

78 This total includes one RAI issued on March 31, 2023, which was inadvertently not previously reported.

3-7 Workforce Development and Management

FY 2024 Staffing by Office 79

Delta (Q2 End of Year FTE FTE FTE FTE FTE (EOY) Delta (EOY FY 2024 Utilization Utilization Utilization Utilization Utilization Projection Utilization Budget 12/31/23 - 1/28/24 - 2/25/24 - as of - FY 2024 w/ - FY 2024 1/27/24 2/24/24 3/23/24 3/23/24 Budget) Personnel Budget)

Actions Totals 2937.8 213.6 212.8 212.9 1391.9 -1545.9 2800.6 -137.2 COMM 42.0 2.1 2.0 2.0 13.7 -28.3 29.1 -12.9 OIG 63.0 3.8 3.8 4.0 25.1 -37.9 54.2 -8.8 Totals Other 2832.8 207.8 207.1 207.0 1353.1 -1479.7 2717.3 -115.5 Offices OCFO 93.0 6.8 6.8 6.9 45.0 -48.0 91.0 -2.0 OGC 94.2 6.9 6.9 6.7 44.4 -49.8 88.1 -6.1 OCA 10.0 0.9 0.9 0.9 5.6 -4.4 11.6 1.6 OCAA 7.0 0.4 0.4 0.5 2.9 -4.1 6.3 -0.7 OPA 13.0 0.9 0.9 0.9 6.3 -6.7 12.9 -0.1 SECY 17.0 1.3 1.3 1.3 8.1 -8.9 16.4 -0.6 OIP 37.0 2.9 2.9 3.0 18.9 -18.1 38.3 1.3 ASLBP 25.6 1.5 1.5 1.6 9.4 -16.2 19.9 -5.7 ACRS 27.1 1.8 2.0 1.9 12.7 -14.4 26.6 -0.5 OEDO 30.0 2.1 2.3 1.9 14.1 -15.9 28.2 -1.8 NRR 580.3 41.3 41.8 42.1 268.9 -311.4 541.4 -38.9 NMSS 324.4 23.7 24.0 24.3 153.9 -170.5 312.5 -11.9 RES 207.4 14.3 14.1 14.3 93.4 -114 191.0 -16.4 NSIR 166.4 11.6 11.4 11.2 75.8 -90.6 150.5 -15.9 R-I 169.8 12.8 12.8 12.8 84.0 -85.8 168.4 -1.4 R-II 190.7 16.0 16.2 16.2 104.9 -85.8 208.2 17.5 R-III 168.9 12.6 12.8 12.5 82.6 -86.3 164.8 -4.1 R-IV 163.1 12.3 12.3 12.0 80.8 -82.3 160.8 -2.3 OE 30.9 2.2 2.1 2.2 14.5 -16.4 29.0 -1.9 OI 35.0 2.3 2.4 2.4 15.2 -19.8 31.4 -3.6 OCIO 172.0 12.8 12.4 12.7 81.6 -90.4 165.2 -6.8 ADM 119.0 8.7 8.6 8.6 57.5 -61.5 114.8 -4.2 SBCR 15.0 1.1 1.0 1.0 6.9 -8.1 13.7 -1.3 OCHCO 133.0 10.4 9.2 8.6 64.9 -68.1 124.7 -8.3 CSU 3.0 0.1 0.2 0.1 0.8 -2.2 1.6 -1.4

3-8 Inspection Activities

The table below shows the average number of hours of direct inspection per plant in CY 2024.

79 Some numbers might not add due to rounding.

Average ROP Direct Inspection Hours

Nationwide Column 1 of Column 2 of Column 3 of Column 4 of Per Plant ROP Action ROP Action ROP Action ROP Action (unit) Matrix (unit) Matrix (unit) Matrix (unit) Matrix 375 Hours 366 Hours 564 Hours80 No Plants in No Plants in Column 3 Column 4

The table below shows the staff hours expended for inspection-related effort at operating power reactor sites by CY.

Items Description CY 2023 (Hours) CY 2024 (Hours)

i. Baseline Inspection 213,426 51,636 ii. Plant-Specific Inspection 8,080 1,389 iii. Generic Safety Issue Inspections 0 0 iv. Performance Assessment 2,548 1,640
v. Other Activities 101,059 22,747 vi. Total Staff Effort 325,114 77,412 vii. Total Staff Effort Per Operating 5,911 1,407 Site81

3-9 Backfit

Facility-Specific Backfits

No facility-specific backfits were issued during the reporting period.

Generic Backfits

No generic backfits were issued during the reporting period.

Backfit Appeals Filed by Licensees and Applicants

There were no backfit appeals submitted to the NRC during the reporting period.

80 Quad Cities Nuclear Power Station, Unit 2 moved to Column 2 in Q4 FY 2022 (ML22313A150) and returned to Column 1 in Q3 FY 2023 (ML23173A003). Calvert Cliffs Nuclear Power Plant, Unit 1 moved to Column 2 in Q4 FY 2022 (ML22314A100) and returned to Column 1 in Q2 FY 2024 (ML24101A261). Virgil C. Summer Nuclear Station moved to Column 2 in Q2 FY 2022 (ML22287A184), returned to Column 1 in Q3 FY 2023 (ML23195A196), and then returned to Column 2 in Q1 FY 2024 (ML23342A000). Sequoyah Nuclear Plant, Units 1 and 2 moved to Column 2 in Q1 FY 2023 (ML23103A395) and returned to Column 1 in Q1 FY 2024 (ML24011A077). Columbia Generating Station moved to Column 2 in Q1 FY 2022 (ML23111A237). Shearon Harris Nuclear Plant, Unit 1 moved to Column 2 in Q3 FY 2023 (ML23249A279) and returned to Column 1 in Q1 FY 2024 (ML24011A121). River Bend Station moved to Column 2 in Q3 FY 2023 (ML23201A132) and returned to Column 1 in Q2 FY 2024 (ML24074A476). Watts Bar Nuclear Plant, Units 1 and 2 moved to Column 2 in Q4 FY 2023 (ML23352A395).

81 Total staff effort is divided by 55 sites for both CY 2023 and CY 2024, due to Palisades permanently ceasing operations in June 2022 and Vogtle Unit 3 transitioning to the ROP in August 2022.