ML25029A176
| ML25029A176 | |
| Person / Time | |
|---|---|
| Issue date: | 01/30/2025 |
| From: | Duane Hardesty NRC/NRR/DANU/UNPL |
| To: | |
| Duane Hardesty, NRR/DANU/UNPL | |
| References | |
| Download: ML25029A176 (34) | |
Text
Workshop on Implementation of the Non-power Production or Utilization Facility (NPUF)
License Renewal Rulemaking ADAMS Accession No. ML25029A176
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- 36 regulated NPUFs 29 operating reactors operating in 21 States 2 reactors permanently shut down and in decommissioning 5 CPs; Shine, ACU, Hermes 1, Hermes 2 (Unit 1), Hermes 2 (Unit 2)
U.S. Non-power Production and Utilization Facilities
3 9 objectives NPUF License Renewal rule
NPUF Rule Summary 4
Commercial Medical Therapy R&D Testing
- 1. Create related NPUF definitions
- 2. Extend applicability of 10 CFR 50.59
- 3. 10 CFR 50.135 license renewal process
N/A N/A
- 4. Eliminate NPUF financial qualification information requirement
N/A N/A
- 5. Amend timely renewal provision
- 6. Provide an accident dose criterion
N/A
- 7. Eliminate license terms N/A
N/A
- 8. Clarify existing environmental reporting requirements
- 9. Require updated FSAR submittals
- 1. Important Definitions 5
- Non-power production or utilization facility means a production or utilization facility, licensed under §50.21(a), §50.21(c), or §50.22, as applicable, that is not a nuclear power reactor or a production facility as defined under paragraphs (1) and (2) of the definition of production facility in§50.2.
- Non-power reactor means:
(1) A testing facility; or (2) A research reactor, which is a nonpower production or utilization facility that is a nuclear reactor licensed under§50.21(c):
(i) For which a safety assessment demonstrates accident radiation doses consistent with§50.34(a)(1)(i); and (ii) That is not a testing facility; or (3) A commercial or industrial reactor, which is a non-power production or utilization facility that is a nuclear reactor licensed under§50.22:
(i) For which a safety assessment demonstrates accident radiation doses consistent with
§50.34(a)(1)(i); and (ii) That is not a testing facility.
- Testing facility means a non-power production or utilization facility that is a nuclear reactor licensed under§50.21(c) or§50.22 for which:
(1) Analyzed accident radiation doses are in excess of the dose criterion for facilities not subject to 10 CFR part 100 set forth in§50.34(a)(1)(i); or; (2) The Commission determines that the design, operation, or use and the associated risk warrant classification as a testing facility
- 2. Extend Applicability of 10 CFR 50.59 6
Extends applicability to NPUFs regardless of decommissioning status 10 CFR 50.59 previously not applicable to NPUFs once fuel was moved offsite Avoids burden of issuing license amendments
- 3. License Renewal Process 7
Requirements for NPUF license renewal listed in 10 CFR 50.135 for testing facilities and NPUFs licensed under 10 CFR 50.22 Clarifies license renewal process Enhances regulatory efficiency Class 104 a or c Testing Facilities**
licensed under § 50.21(c) or § 50.22 for R&D; accident radiation doses
> 1 Rem TEDE associated risk warrant classification as Testing facility Commercial Medical Radioisotope Irradiation and Processing Facilities Research Reactors licensed under § 50.21(c) or § 50.22 for R&D; accident radiation doses < 1 Rem TEDE Class 103 Research mission
Decommissioning 8
- Class 104a and 104c NPUFs, other than testing facilities, have new decommissioning language in 50.82(b)(1)
- No license expiration so date is set 2 years prior to expected termination
- Change is consistent with the AEAs minimum regulation standard
- Reduces burden for licensees and NRC, but maintains public health and safety Class 104 a or c Testing Facilities licensed under § 50.21(c) or § 50.22 for R&D; accident radiation doses >
1 Rem TEDE associated risk warrant classification as Testing facility Commercial Medical Radioisotope Irradiation and Processing Facilities Research Reactors licensed under § 50.21(c) or § 50.22 for R&D; accident radiation doses < 1 Rem TEDE Class 103 Research mission
Decommissioning Plans (DPs) 9
- Expectations for Updating DPs with the FSAR
- DPs are approved by license amendment and incorporated as a supplement to the facility FSAR
- The DP amendment lays the criteria for the types of DP changes that must be approved by amendment, otherwise the§50.59 process can be used
- Any DP changes made under§50.59 can be included in the FSAR updates made every 5 years
- The NRC recently issued a DP approval based on less detailed information submitted under§50.82(b)(2),
along with the necessary license condition
- Other conditions or limitations on the approval of the DP may be laid out in the associated safety evaluation
- 4. Eliminate NPUF Financial Qualification Information Requirement 10 Eliminates 10 CFR 50.33(f)(2) financial qualification requirement at license renewal Primary means to ensure safety is through NRCs oversight and enforcement programs Reduce licensee burden without compromise to public health and safety Class 104 a or c Testing Facilities**
licensed under § 50.21(c) or § 50.22 for R&D; accident radiation doses >
1 Rem TEDE associated risk warrant classification as Testing facility Commercial Medical Radioisotope Irradiation and Processing Facilities Research Reactors licensed under § 50.21(c) or § 50.22 for R&D; accident radiation doses
< 1 Rem TEDE Class 103 Research mission
- 5. Amend Timely Renewal Provision
- Two-year requirement for Class 103 and testing facilities in 10 CFR 2.109 to file a sufficient application for renewal
- 30 days was not sufficient time for staff assessment of technical adequacy of license renewal application
- Provides sufficient time and allow facility to operate under the existing license until the application has been finally determined 11
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- 6. Provide an Accident Dose Criterion
- New accident dose criterion for NPUFs, other than testing facilities, in 10 CFR 50.34
- Part 20 public dose limits are unnecessarily restrictive as accident criteria
- New criterion aligns with early phase EPA PAG and provides adequate protection from unnecessary exposure to radiation 12
- 7. Eliminate License Terms 13
- Exempts Class 104a and 104c NPUFs, other than testing facilities, from 40-year fixed term in 10 CFR 50.51
- Consistent with AEAs minimum regulation standard
- Reduce burden for licensees and NRC, but maintains public health and safety Class 104 a or c Testing Facilities licensed under § 50.21(c) or § 50.22 for R&D; accident radiation doses >
1 Rem TEDE associated risk warrant classification as Testing facility Commercial Medical Radioisotope Irradiation and Processing Facilities Research Reactors licensed under § 50.21(c) or § 50.22 for R&D; accident radiation doses < 1 Rem TEDE Class 103 Research mission
Implementation to Eliminate License Term 14
- Issuance of Order
- Class 104a and c licensed NPUFs, except test facilities:
- 25 non-expiring licenses by Order EA-NRR-2025-0013, effective immediately upon publishing in Federal Register
- These licensees getting non-expiring licenses will also receive facility-specific conforming amendments
- Facilities Unaffected by Order to non-expiring license
- Class 103 and 104c testing facilities
- Facilities in decommissioning
- still undergo license renewal 3 Facilities still in (NUREG-1537) license renewal Will be issued a non-expiring license when renewed
NPUF Order 15
- 10 CFR 2.202, Orders
- used to modify, suspend, or revoke a license, or require a licensee to take other action as may be necessary:
- The NPUF rule Order will modify the license to make it non-expiringfor facilities that meet the requirements.
This license is effective as of the date of its issuance and has no fixed term
- A written answer to the order under oath or affirmation must be submitted within twenty (20) days;
- Hearing rights
- The licensee or any other person who may be adversely affected by the order can request a hearing
- The request must be submitted within twenty (20) days of the date of the Order in accordance with 10 CFR 2.309
- Extensions to file
- Provide a statement of good cause in writing to the NRR Director
- 8. Clarify Existing Environmental Reporting Requirements 16 Add requirement in 10 CFR 51.56 for NPUFs to provide an environmental report per 10 CFR 51.45 Historically, NRC has relied on 10 CFR 51.41 to collect environmental information Improve consistency and clarify Part 51 requirements for licensing actions
Environmental Report 17
- Added new Section 51.56, Environmental reportnon-power production or utilization facility.
- Each applicant for a non-power production or utilization construction permit or facility license, or renewal of a non-power production or utilization facility license issued pursuant to§ 50.21(a) or (c) or § 50.22 shall submit a separate document, entitled Applicants Environmental Report or Supplement to Applicants Environmental Report.
- The ER or supplement shall contain the information in§ 51.45. For license renewal a supplement to the previously submitted ER shall include an analysis of any environmental impacts resulting from operational experience or a change in operations, and an analysis of any environmental impacts that may result from proposed decommissioning activities.
- 9. Require Updated FSAR Submittals 18 Extend applicability of 10 CFR 50.71(e) to NPUFs Ensure timely documentation of changes to licensing basis Benefit knowledge management, NRCs inspection program, and licensee operator training and exams
FSAR Implementation 19
- Issuance of Order
- Class 104a and 104c licensed NPUFs:
- 28 licensees assigned an initial FSAR due date by Order
- 25 Research reactors
- 1 testing facility
- 2 facilities in decommissioning
- Facilities not within scope of FSAR update Order
- CPs for Class 104(a) or (c) NPUFs
- Facilities still in (NUREG-1537) license renewal
- Submission date set by renewal date (UTA, TAMU(A), NCSU)
FSAR Submittal 20
- By 10 CFR 50.4, Written communications:
- The initial submittal must be on a total replacement basis (i.e., a complete FSAR that will replace the existing docketed FSAR)
- Change pages will be acceptable for subsequent updates unless submitted electronically, then a full FSAR is to be submitted.
- The licensee is required to submit a list that identifies the affected pages of the FSAR changed in the submittal
- a certification by a duly authorized officer of the licensee that:
- the information accurately presents changes made since the previous submittal (up to a maximum date of 6 months before the submittal date
- or that no such changes were made or needed
- sensitive or proprietary information that the licensee seeks to have withheld from the public must be marked and submitted in accordance with 10 CFR 2.390
FSAR Contents 21 Examples of things the FSAR Updates should include:
- Changes to the facility or facility operations resulting from new or amended regulatory requirements Changes and the effects of changes to the facility or procedures and experiments
- licensee changes under 10 CFR 50.59 that result in changes to the FSAR
- evaluations and analyses performed by the licensee to support an amendment to an NPUF operating license under 10 CFR 50.90;
- responses by the licensee to the NRCs requests for additional information
- changes in the facility site environs (e.g., new transportation, military, industrial, or residential facilities near your site
- Refer to Reg Guide 2.7 for more examples
QUESTIONS?
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Questions 1 - 3 23 Q1: Can a facility opt out of the non-expiring license?
Q2: How will the NPUF Rule be applied to new and advanced reactor designs?
Q3: Will licensees be issued a new license that does not show the expiration dates?
Question 4 24 Q4: Does the final NPUF rule change the more than 50% condition that is stated in
§50.22 for Class 103, which defines the limits/conditions for energy sale and what constitutes a commercial/industrial entity?
- Where does the basis for the 50% come from?
- Where does the basis for the 75% come from?
25 Financial test If the percentage of the annual cost to the licensee of owning and operating the facility that is devoted to the sale of nonenergy services, energy, or a combination of nonenergy services and energy, other than for research and development or education and training, is And the percentage of the annual costs to the licensee of owning and operating the facility that are devoted to the sale of energy is Then the license would be issued under More than 75 percent More than 50 percent 103 More than 75 percent Not more than (less than) 50 percent 103 Not more than (less than) 75 percent More than 50 percent 103 Not more than (less than) 75 percent Not more than (less than) 50 percent 104c
Question 5 26 Q5: Does the 10 MWth threshold stay in the rule for purposes of Part 170 (fees for service) and Part 171 (annual fees)? Will this be addressed in the future, as this creates a disconnect? For example, if a future research reactor is 30 MWth, would they still need to pay fees? Or will they be exempt as a non-profit* institution? Further, do licensees have to apply to receive this exemption?
Questions 6 & 7 27 Q6: Some FSARs are due before the new NUREG-1537 revision will be published and we will need to use the older 1996 version. Will we be held to new NUREG (as it wont be available yet). Please clarify. This is causing some concern and confusion as the new guidance will be coming up mid-cycle for several facilities?
Q7: Is there a response to the Order required?
If so, what should it look like?
Questions 8 & 9 28 Q8: How will the NRC track licensee submittal dates to ensure compliance, especially if licensees submit early, or more often?
Q9: What happens if a licensee submits the FSAR early (even several weeks or months early)? Will the NRC even accept early submissions?
Questions 10 - 12 29 Q10: What is the NRCs process for accepting the FSAR? How will the submittal be acknowledged back to the licensee?
Q11: What happens if the FSAR doesnt meet the NRCs requirements? Will there be RAIs?
Q12: How long will the NRCs review of an updated FSAR take?
Questions 13 & 14 30 Q13: What happens if a licensee misses their FSAR deadline all together, as outlined in the Order?
Q14: Are the licensees prohibited from submitting more frequently than 5 years, if they wish?
Questions 15 & 16 31 Q15: Should licensees proactively redact their FSAR (for proprietary information), or will the NRC do this on licensees' behalf? Hence, should licensees submit (2) copies of the FSAR, one redacted, and one not?
Q16:NUREG-1537, Introduction section, general requirements states that the SAR should include TS, but licensees assume this is for original license only, not the updated FSAR. Please confirm if the TS can be removed for the FSAR submittal update.
Question 17 32 Q17: RG Page 10, Section M - talks about scenarios with no change. How does submitting a no change report affect the 5-year frequency for FSAR submittal? Could a no change report count as an FSAR update?
For instance, what happens if you provide a no change report, several years in a row?
Questions 18 & 19 33 Q18: Is our SAR submission a new SAR or the previous SAR but with changes? If it is with changes, do licensees need line by line changes or is a description of the changes made to each section sufficient?
Q19: RG Page 8, 2b-Change Log. The change log, for many facilities, could be quite large, cumbersome, and complex for the NRC to decipher. For efficiency, could the licensee denote a change log as total replacement?
Will this be accepted?
QUESTIONS?
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