ML24078A221

3-15-24 NEI Letter Aveil from Juhle on Pur

ML24078A221
Person / Time
Site:	Nuclear Energy Institute
Issue date:	03/15/2024
From:	Uhle J Nuclear Energy Institute
To:	Andrea Veil Division of Operating Reactor Licensing
References
Download: ML24078A221 (4)

Text

Dr. Jennifer Uhle Phone: 202.247.5717 Vice President Email: jlu@nei.org

March 15, 2024

Ms. Andrea Veil Director, Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, DC 20555- 0001

Subject:

Recommendations for Regulatory Improvements to Power Uprate Licensing Activities

Project Number: 689

Dear Ms. Veil:

The Nuclear Energy Institute (NEI)1, on behalf of its members, is writing this letter to provide industrys perspectives on anticipated power uprate applications and recommendations for modern and more efficient review processes. The Inflation Reduction Act (IRA) of 2022 incentivizes utilities to provide more carbon-free energy to the grid. Utilities are considering a variety of opportunities as discussed in the NEI report entitled, The Future of Nuclear Power - 2023 Baseline Survey. This report summarizes an NEI survey conducted in early 2023 that outlines the planned activities from twenty NEI member companies operating 86 of the U.S. nuclear reactors.

Specifically, the survey determined that greater than 50% of sites surveyed have a level of interest in or are planning power uprates. The cumulative total of these uprates would provide over 2 GWe of carbon-free energy in the coming decade, which is equivalent to two large light-water-reactors. The IRA tax credits incentivize expedited completion of these uprates beginning in 2025. Since the publication of the NEI survey over a year ago, the utility interests in power uprates have increased. To facilitate meeting the industrys goal for power uprates, NEIs Power Uprate Task Force developed a list of recommendations to modernize NRC review processes to enhance their efficiency. The recommendations include:

1. Update LIC-112, Power Uprate Process, Revision 2:

a. NEIs white paper entitled, Examination of NRC Review Performance, identified that the duration and cost for NRC power uprate reviews increased significantly between 2000 and 2015. The chart below summarizes the substantial increase in review time and costs for

1 The Nuclear Energy Institute (NEI) is responsible for establishing unified policy on behalf of its members relating to matters affecting the nuclear energy industry, including the regulatory aspects of generic operational and technical issues. NEIs members include entities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect and engineering firms, fuel cycle facilities, nuclear materials licensees, and other organizations involved in the nuclear en ergy industry.

Ms. Andrea Veil Nuclear Energy Institute March 15, 2024 Page 2

Measurement Uncertainty Recapture (MUR) uprates, Stretch Power Uprates (SPU), and Extended Power Uprates (EPU) over this time period.

Review Type Review Duration Review Hours Review Cost MUR >2x >2x 5x SPU Generally stable ~3 x ~3 x EPU ~2 x ~3 x ~7 x

b. Currently, the performance measures with the associated power uprate review timeliness goals are identified in NRCs LIC - 112, Power Uprate Process, as 9 months for MUR, 12 months for SPU, and 18 months for EPU. The industry supports incorporating into LIC - 112 the recent power uprate timeliness targets the staff communicated in the November 28, 2023, public meeting with the NEI Regulatory Issues Task Force (ML23331A966), e.g., 6 months for MUR, 9 months for SPU, and 12 months for EPU. We look forward to pr oviding industry perspectives on the impending revision 3 of LIC - 112.

c. Appendix C of LIC 112 contains r esource estimates for the NRCs review of MURs, SPUs, and EPUs. Given that several utilities are exploring modest power uprates from current operation that border the SPU and EPU thresholds, the significant increase from 1,840 to 5,000 staff review hours seems unwarranted. Industry recommends a graded approach that is commensurate with the requested power uprate levels, available margin, and complexity of the uprate request and meets the timeliness goals identified above.

2. MUR Uprate Process Improvements:

a. Regulatory Information Summary (RIS) 2002-03, Guidance on the Content of Measurement Uncertainty Recapture Power Uprate Applications, was made available in January 2002 to provide guidance to the industry on the recommended format of MUR power uprate applications. License amendment request (LAR) content was not specified but tended to follow earlier MUR LARs and evolved over time. Licensees were encouraged to review previously approved MUR LARs and requests for additional information (RAIs) to help ensure the LAR content was sufficient. RIS 2002- 03 has not been updated since its issuance, however, there are other actions that the NRC could take to reduce the unnecessary regulatory burden on future MUR LAR applicants:

i. Specify that the most recently approved MUR LARs are an acceptable standard for future like-plant submittals. Provide reviewer guidance that indicates RAIs that go beyond the content of these previously approved MURs would need justification.

ii. Update the file of previously issued RAIs on the web site. The RAI page was last updated in March 2020. However, the PWR MUR RAIs have not been updated to include the 2011 Harris MUR LAR or any later applications.

Ms. Andrea Veil Nuclear Energy Institute March 15, 2024 Page 3

iii. Ensure the website is maintained current for all future power uprate applications.

3. Improved Regulatory Predictability and Stability:

a. Previous uprate reviews by the NRC have deviated from the NRC guidance provided in RS 001, Review Standard for Extended Power Uprates, and RIS 2002 03, and the required level of detail has differed significantly among NRC reviewers. The NRC recognized similar deviations in the implementation of the Consolidated Line Item Improvement Process and Technical Specification Task Force review processes. To ensure efficient reviews, NEI requests that the NRC ensure reviews are conducted in a manner consistent with guidance.

4. Combined Sequential Licensing Actions:

a. Regulatory efficiency can be enhanced by reducing the time taken by the NRC to review sequential applications or by creating combined licensing actions with reviews being conducted in parallel, when possible. By doing so, the NRC would enhance its regulatory efficiency on time-sensitive licensing activities. Utilities may seek a combined, sequential LAR that includes power uprates with linked licensing actions. The NRC has previously approved power uprate reviews in combination with other sequential licensing actions. 2

b. The industry recommends that the NRC update relevant office procedures to permit LAR submittals that depend on the approval of an LAR that is still under review. The applicant submitting a LAR under this circumstance would be incurring regulatory risk, but this practice could save several months on time-critical licensing activities. The risk could be minimi zed by NRR allowing the submittal of vendor topicals/utility LARs after the NRC issues the draft safety evaluation of the previous submittal. The NRC has previously permitted similar flexibility using the exception process to the LIC-109, Acceptance Review Procedures, Revision 2 and LIC-500, Topi cal Report Process, office instructions.

c. Power uprates may involve the introduction of advanced products and methodologies. Due to the long lead time associated with NRC approval of these advanced products and methods, utilities would benefit from being able to reference topical reports that are pending approval in their power uprate applications. The current NRC guidance in LIC 109 does not permit LAR submission if the LAR is dependent on an unapproved topical report. There are some examples of LAR submittals where unapproved topical reports were referenced, and while it is understood that these are exceptions and not the rule, similar approaches should be permitted for power uprate submittals if requested by the applicant. The NRC has

2 EPU and Maximum Extended Load Line Limit Analysis Plus (ML13316C459, ML093030035 and ML093160816) and EPU and MUR (ML12191A220 and ML12235A463).

Ms. Andrea Veil Nuclear Energy Institute March 15, 2024 Page 4

approved sequential licensing processes in the past3 and should update the office instruction to provide guidance on this more flexible process.

5. Updated Generic LAR Guidance and Templates:

a. Regulatory efficiency, predictability, and stability on power uprate reviews would be enhanced with updated guidance including generic LAR templates. Past guidance4, 5, 6 is over fifteen years old and needs updating to reflect the latest NRC positions. Licensees would also benefit from the use of standardized templates with clear regulatory expectations for their LAR submittals. Operational experience sharing on power uprate licensing would be beneficial for both NRC reviewers and utility applicants to develop more efficient processes. With NRC engagement and feedback, the i ndustry proposes to develop generic LAR templates and guidance for utility power uprate applicants. This activity would be open and transparent and improve regulatory clarity, stability, and predictability.

The industry is striving to provide more carbon-free energy to the grid in the near future to help meet the nations energy goal s. Efficient regulatory reviews are essential as the demand for carbon-free energy continues to increase. NEI recommends that the industry recommendations herein be implemented in the near future to provide regulatory efficiency. We look forward to future dialogue on this subject and appreciate your attention to these matters.

If you have any questions, please contact me or Dr. Aladar Csontos at aac@nei.org or (202) 557-9727.

Sincerely,

Jennifer Uhle Vice President

CC Joe Donoghue NRR/NRC Andrea Kock NRR/NRC Mike King NRR/NRC Bo Pham, NRR/NRC

3 Vogtle Lead Test Assembly Program (ML23093A028) and the Brunswick Fuel Transition to Framatome ATRIUM 11 Fuel (ML18239A309)

4 RS-001, Revision 0, Review Standard for Extended Power Uprates, December 2003 ( ML033640024)

5 NRC Regulatory Issue Summary 2002-03: Guidance on the Content of Measurement Uncertainty Recapture Power Uprate Applications, January 2002 (ML013530183)

6 NRC Regulatory Issues Summary 2007-24: NRC Staff Position on Use of the Westinghouse Crossflow Ultrasonic Flow Meter for Power Uprate or Power Recovery, September 2007 (ML063450261)