ML24317A278
| ML24317A278 | |
| Person / Time | |
|---|---|
| Issue date: | 11/14/2024 |
| From: | Leslie Fields Licensing Processes Branch |
| To: | Gerond George Licensing Processes Branch |
| References | |
| Download: ML24317A278 (10) | |
Text
Implementation of Code Case N-921 Michael Benson NRR/DNRL/NVIB NRC Public Meeting Rockville, MD November 14, 2024
Timeline June 2020: EMBARK Venture Studio Final Report March 2021: rulemaking plan on code of record interval extension (SECY-21-0029)
November 2021: Commission approval (SRM-SECY-21-0029)
December 2021: ASME letter requesting NRC include N-921 in the rule August 2022: info paper to the Commission (SECY-22-0075)
March 2023: proposed rule (88 FR 13717)
July 2024: final rule (89 FR 58039), effective August 16, 2024 2
Condition 2 on N-921 and Problem Statement
- This code case can only be implemented at the beginning of an ISI interval as part of a routine update of the ISI program.
- Condition 2 was added in response to public comments received on the proposed rule
- Plans to implement N-921 may have been disrupted by Condition 2
- Find an efficient and effective resolution 3
Public Comment Resolution
- Annotated Public Comments and Public Comment Responses
- Comment 13-2, Anonymous Commenter
- Disruption to the Inservice Inspection plan if changes were made mid-interval
- What about alternative requests approved assuming a 10-year interval?
- What about changes to examination schedules to accommodate the new interval length?
- Planning, order, and predictability of licensee ISI programs
- Staff agreed that mid-interval changes create complications
- Ideal: Licensees plan the interval in advance and simply execute the plan upon entering the interval
- Qualified equipment, qualified personnel, occupational radiation exposure, 4
Interpretation of Condition 2
- Individual licensees may want to interpret the condition in a manner to support their intent to implement N-921
- What if a licensee hasnt had a refueling outage in the new interval yet?
- What if a licensee has had only one outage in the new interval?
- What about the second or third inspection period?
- Allowing individual licensees to so interpret the condition compromises the integrity of the rule
- Rule should function the same for all licensees, regardless of when they happened to last update their programs
- Staff position: Condition 2 means prior to the start date of the new interval
- i.e., plan the program in advance and execute the plan 5
Exemption vs. Alternative Request
- Legal subtleties - not entirely straight-forward
- 50.55a(z) alternative request is most appropriately applied to Code rules
- 50.12 exemption request is more appropriate as Part 50 rules become more relevant
- Code of Record and ISI intervals are now in 50.55a(y)
- Exemption request is the appropriate route 6
Select Aspects of 50.12 Exemption Requests
- The NRC may grant exemptions when:
- No undue risk to public health and safety
- Special circumstances are present
- 50.12(a)(2)(i)-(vi)
- (i) conflicts with other rules
- (ii) application of the rule would not serve the underlying purpose of the rule
- (iii) compliance would result in hardship
- (iv) results in a benefit to health and safety
- (v) temporary relief
- (vi) other material circumstance not considered when the rule was adopted 7
Minimum Content of Exemption Request LIC-103, Revision 2, "Exemptions from NRC Regulations" Define the set of requirements needing exemption
- 10 CFR 50.55a(y), where NRC defines the ISI interval
- 10 CFR 50.55a(3)(ii), where NRC incorporates by reference Regulatory Guide 1.147
- Condition 2 on Code Case N-921 Identification of appropriate special circumstance in 50.12(a)(2)
- May be plant-specific
- Describe and justify choice; may be more difficult to justify later in the interval Discussion of all items related to orderly execution of the ISI program
- List approved alternatives and discuss potential resubmittal (provide justification if not resubmitting)
- Describe interval start date and end date, including any changes to the end date
- Describe impact on examination schedules 8
Review Efficiencies
- Template for exemption request may be the best option
- Staff can support development of the template to facilitate an efficient process
- May require a separate public meeting to discuss the template
- Open for discussion 9
10 November 8, 2023