ML19079A279

02-28-19_NRC Letter for Rule Guidance Document Carveouts - Recommended Changes to NRC Regulatory Guides for the Final Mitigation of Beyond Design Basis Events Rule Project Number: 689

ML19079A279
Person / Time
Site:	Nuclear Energy Institute
Issue date:	02/28/2019
From:	Perkins S Nuclear Energy Institute
To:	Holahan P K Office of Nuclear Material Safety and Safeguards
Theresa Clark 415-4140
References
Download: ML19079A279 (2)

Text

SUSAN H. PERKINS Senior Director, Nuclear Security & Incident Preparedness 1201 F Street

, NW, Suite 1100 Washington, DC 20004 P: 202.739.8016 shp@nei.org nei.org February 28, 2019 Ms. Patricia Holahan Director, Division of Rulemaking Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Subject:

Recommended Changes to NRC Regulatory Guides for the Final Mitigation of Beyond Design Basis Events Rule Project Number: 689 Dear Ms. Holahan

On January 24, 2019, the U.S. Nuclear Regulatory Commission (NRC) issued the Staff Requirements Memorandum (SRM) for SECY-16-0142 , "Draft Final Rule

- Mitigation of Beyond

-Design-Basis Events (RIN 3150-AJ49)." With this SRM, the Commission approved a final rule that amends Parts 50 and 52 of Title 10 of the Code of Federal Regulations (10 CFR) with certain changes provided in the memorandum enclosures

. The Commission also directed the staff to "make any necessary conforming changes in other rulemaking documents, including the 'NRC Response to Public Comments' and 'Regulatory Analysis,'

to reflect the changes identified in the FRN and in the Backfitting and Issue Finality Assessment." To assist the NRC staff with the identification of necessary conforming changes, the Nuclear Energy Institute (NEI)1 and its members have prepared a summary of recommended changes to Regulatory Guides 1.226, "Flexible Mitigation Strategies for Beyond-Design-Basis Events," and 1.228, "

Integrated Response Capabilities for Beyond

-Design-Basis Events."

2 These changes, presented in the attachment to this letter, are intended to promote alignment between the NRC

-endorsed content of NEI guidance documents and the requirements in the final rule, as modified by the Commission.

Incorporation of these changes may also obviate the need to develop and submit revised NEI guidance documents, actions which would challenge timely rule issuance.

1 NEI is the organization responsible for establishing unified nuclear industry policy on matters affecting the nuclear energy industry, including the regulatory aspects of generic operational and technical issues. NEI's members include utilities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect/engineering firms, fuel fabrication facilities, materials licensees, and other organizations and individuals involved in the nuclear energy industry. 2 Or the regulatory guide that subsumes the content of Regulatory Guide 1.228.

Ms. Patricia Holahan February 28, 2019 Page 2 In addition to the conforming changes identified in the attachment, we also suggest that Regulatory Guide 1.226 contain an endorsement of NEI 06-12, "B.5.b Phase 2 & 3 Submittal Guideline

," as an acceptable method to meet the requirements of 10 CFR 50.155(b)(2).3 This addition would address the relocation of the requirements in 10 CFR 50.54(hh)(2) to 10 CFR 50.155(b)(2) and reflect the following paragraph in the final rule statements of consideration:

"This rulemaking does not revise the regulatory treatment of equipment relied upon for the EDMG s now relocated to § 50.155(b)(2). The regulatory treatment of that equipment remains as it is described in NEI 06

-12, the endorsed guidance document for those strategies and guidelines.

" If you have questions or require additional information, please contact David Young at (202) 739

-8127 or dly@nei.org, or me. Sincerely, Susan H. Perkins Attachment c: Ms. Theresa Clark, NMSS/DRM, NRC Mr. Tim Reed, NRR/DORL/LSPP, NRC Mr. Brett Titus, NRR/DLP/PBMB , NRC 3 Or alternatively, add a statement referencing the December 22, 2006, NRC letter that endorsed NEI 06

-12; refer to ADAMS Accession No. ML063560235.