ML19022A015

1/23/2019 Npuf Rulemaking Presentation to ACRS Subcommittee

ML19022A015
Person / Time
Issue date:	01/23/2019
From:	Advisory Committee on Reactor Safeguards
To:
Beall, Robert
References
Download: ML19022A015 (28)

Text

ACRS Subcommittee Meeting:

Non-power Production or Utilization Facility (NPUF)

License Renewal Rulemaking January 23, 2019 1

NRC Staff Presenters

• Robert Beall, NMSS: Rulemaking PM

• Duane Hardesty, NRR: Technical Lead

• Al Adams, NRR: Senior Project Manager 2

Purpose of the NPUF Final Rule

• Implement Commission direction to streamline the license renewal process by establishing a more efficient, effective and focused regulatory framework

• Use innovative and transformative approaches to address existing shortcomings in the current regulations for non-power licensees 9 rulemaking objectives 3

Public Comments on the NPUF Proposed Rule

• Proposed rule was published for comment on March 30, 2017 day public comment period

- Public meeting was held on May 24, 2017

- Received 16 comment submissions

• Public comments generally supported the proposed rulemaking and recommended alternative approaches to certain aspects of the rule 4

Relationship of NPUF Entities (Post-Final Rule)

Research Reactors Testing Facilities**

Class 104 licensed under § 50.21(c) or Research licensed under § 50.21(c) or

§ 50.22 for R&D;

§ 50.22 for R&D; a or c accident radiation doses mission accident radiation doses

> 1 rem TEDE;

< 1 rem TEDE associated risk warrants classification as testing facility Commercial **Deletes previous power levels and notable safety considerations:

Class Medical

• Circulating loop through the Radioisotope core used for fuel experiments 103

• Liquid fuel loading Irradiation and

• Large experimental facility in Processing the core (> 16 in2 in cross-section)

Facilities 5

1. Update Terms and Definitions

• Establish a single term (non-power production or utilization facility) to capture all non-power facilities Class 104 licensed under part 50 Research Reactors Testing Facilities a or c

• Revise definitions for non-power reactor, research reactor, and testing facility in response to public Medical Class 103 comment and make Radioisotope Irradiation and conforming changes* Production

• Ensure clarity and Facilities consistency for the applicability of NPUF regulations

• Text in red are changes from the proposed rule. 6

1. Update Terms and Definitions

• National Institute of Standards and Technology public comment

- Revise definitions of testing facility and research reactor to remove the arbitrary 10MW(t) threshold, and apply, instead, a risk-based approach to its regulation of a testing facility.

- risk is best quantified by accident analyses performed under a licensing safety analysis

- Recommended definitions refer to the proposed accident dose criterion of 1 rem (0.01 Sv) 7

1. Update Terms and Definitions

• NRC staff determination

- 10 MW(t) threshold, while generally based on safety significance, is not documented.

- Prescriptive power thresholds do not account for the safety features that are engineered into the facility design and those barriers that must be breached during an accident before a release of radioactive material to the environment can occur.

- Power thresholds do not accurately represent the risk associated with a particular facility.

- Use of a postulated accident dose is a more risk-informed, performance-based approach.

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2. Eliminate License Terms

• Exempt Class 104a and 104c NPUFs, other than testing facilities, from 40-year fixed term in 10 CFR 50.51 Class 104 Research Reactors Testing Facilities

• No license term a or c specified in AEA for Class 104 NPUFs

• Consistent with AEAs Medical Class 103 minimum regulation Radioisotope standard Irradiation and Production

• Reduce burden for Facilities licensees and NRC, but maintains public health and safety 9

No Notable Safety Considerations

• Accident dose criterion of 1 rem (0.01 Sv) TEDE or less

- small fission product inventory

- small radiological consequence for maximum hypothetical accident

• Low energy systems

- low operating power and temperatures

- minimal decay heat

• No significant aging considerations

- simple designs

- proactive aging management / aging-related surveillance requirements

- loss of coolant is an analyzed condition

• Slowly evolving licensing basis

- Very low number of design changes each year

- Few rulemakings apply 10

Maintaining Safety without License Renewal Class 104a or c, except testing facilities

• NUREG-1537

- License renewal under NUREG-1537

• Inspection program

• Technical specifications

• Existing reporting requirements

- Safety issues with SSCs

- Maintenance activities

• FSAR Update rule requirement 11

3. Define the License Renewal Process

• Consolidate license renewal requirements under 10 CFR 50.135 for testing facilities and NPUFs licensed Class 104 under 10 CFR 50.22 Research Reactors Testing Facilities

• Clarify license renewal a or c process

• Licenses will be effective immediately Medical Class 103 Radioisotope

• Maintains 40-year Irradiation and term for licenses Production Facilities

• Enhance regulatory efficiency 12

4. Require Updated FSAR Submittals

• Extend applicability of 10 CFR 50.71(e) to NPUFs

• Ensure timely documentation of Class 104 Research Reactors Testing Facilities changes to licensing a or c basis

• Benefit knowledge management, NRCs Medical Class 103 inspection program, and Radioisotope licensee operator training Irradiation and Production and exams Facilities

• Reg Guide 2.7 provides guidance on the FSAR updates.

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5. Amend Timely Renewal Provision

• Create two-year timely renewal for Class 103 and testing facilities and exempt Class 104a and 104c NPUFs, other than Class 104 testing facilities Research Reactors Testing Facilities a or c

• 30 days in 10 CFR 2.109 is not a sufficient period of time for adequate assessment of license Medical Class 103 renewal application Radioisotope Irradiation and

• Two years provides Production sufficient time Facilities

• Maintain 30-day timely renewal provision for certain facilities 14

6. Provide an Accident Dose Criterion

• Create new accident dose criterion for NPUFs, other than testing facilities, in 10 CFR 50.34

• Part 20 public dose limits Class 104 Research Reactors Testing Facilities are unnecessarily restrictive a or c as accident dose criteria

• Criterion would align with early phase EPA PAG and provide adequate protection Medical Class 103 from unnecessary exposure Radioisotope to radiation Irradiation and Production

• Revised the location within Facilities 10 CFR 50.34 of the accident dose criterion 15

7. Extend Applicability of 10 CFR 50.59

• Extend applicability to NPUFs regardless of decommissioning status Class 104 Research Reactors Testing Facilities

• 10 CFR 50.59 a or c currently is not applicable to NPUFs once fuel is Medical Class 103 moved offsite Radioisotope Irradiation and

• Avoid burden of Production issuing license Facilities amendments 16

8. Clarify Existing Environmental Reporting Requirements

• Add requirement in 10 CFR 51.56 for NPUFs to provide an environmental report per 10 CFR 51.45 Class 104 Research Reactors Testing Facilities

• Historically, NRC has a or c relied on 10 CFR 51.41 to collect environmental Medical information Class 103 Radioisotope

• Improve consistency Irradiation and and clarify Part 51 Production Facilities requirements for licensing actions 17

9. Eliminate NPUF Financial Qualification Information Requirement

• Eliminate 10 CFR 50.33(f)(2) financial qualification requirement at license renewal Class 104 Research Reactors Testing Facilities

• Primary means to a or c ensure safety is through NRCs oversight and Medical Class 103 Radioisotope enforcement programs Irradiation and

• Reduce licensee Production Facilities burden without compromise to public health and safety 18

Significant Changes from the NPUF Proposed Rule

• Revised the proposed definition of non-power production or utilization facility

• Revised the existing definitions of non-power reactor, research reactor, and testing facility

• Made conforming changes to terms and definitions throughout 10 CFR Chapter I

• Revised proposed 10 CFR 50.135 so that renewed licenses will be effective immediately

• Clarified proposed 10 CFR 50.135 to maintain 40-year terms for renewed licenses

• Maintained timely renewal provision for certain facilities

• Revised the location within 10 CFR 50.34 of the accident dose criterion 19

NPUF Final Rule Summary NPUF Final Rule Change Class 103 Class 104a Class 104c Facilities Facilities Facilities Commercial Medical R&D Testing Therapy

1. Update terms and definitions

2. Eliminate license terms N/A N/A

3. Define the license renewal process N/A N/A

4. Require updated FSAR submittals

5. Amend timely renewal provision

6. Provide an accident dose criterion

• N/A

7. Extend applicability of 10 CFR 50.59

8. Clarify existing environmental reporting requirements

9. Eliminate NPUF financial qualification N/A N/A information for license renewal

• Not applicable for Class 103 testing facilities 20

NPUF Rulemaking Schedule

• Final NPUF rule milestones

- Currently in concurrence

- Presentation to ACRS full committee during the week of February 4, 2019

- Public meeting on the draft final rule implementation schedule for late February

- Due to Commission in June 2019 21

QUESTIONS?

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BACK UP SLIDES 23

Regulatory Policy - Class 104 The policy for regulation of Class 104 NPUFs is described in the Atomic Energy Act of 1954, as amended, Section 104a. and c.

Sec. 104. Medical Therapy and Research and Development

a. the Commission is directed to permit the widest amount of effective medical therapy possible with the amount of special nuclear material available for such purposes and to impose the minimum amount of regulation consistent with its obligations under this Act to promote the common defense and security and to protect the health and safety of the public.

c. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse research and development.

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Regulatory Policy - Class 103 The policy for regulation of Class 103 NPUFs is described in the Atomic Energy Act of 1954, as amended, Section 103.

Sec. 103. Commercial Licenses

a. The Commission is authorized to issue licenses to persons applying therefor to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, use, import, or export under the terms of an agreement for cooperation arranged pursuant to section 123, utilization or production facilities for industrial or commercial purposes. Such licenses shall be issued in accordance with the provisions of chapter 16 and subject to such conditions as the Commission may by rule or regulation establish to effectuate the purpose and provisions of this Act.

c. Each such license shall be issued for a specified period, as determined by the Commission, depending on the type of activity to be licensed, but not exceeding forty years from the authorization to commence operations and may be renewed upon the expiration of such period.

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Regulatory Definitions

• Non-power reactor means a research or test reactor licensed under §§50.21(c) or 50.22 of this part for research and development [10 CFR 50.2 Definitions].

• Research reactor means a nuclear reactor licensed by the Commission under the authority of subsection 104c of the Act and pursuant to the provisions of § 50.21(c) of this chapter for operation at a thermal power level of 10 megawatts or less, and which is not a testing facility as defined by paragraph (m) of this section [§170.3 Definitions].

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Regulatory Definitions (cont.)

• Testing facility means a nuclear reactor which is of a type described in §50.21(c) of this part and for which an application has been filed for a license authorizing operation at:

(1) A thermal power level in excess of 10 megawatts; or (2) A thermal power level in excess of 1 megawatt, if the reactor is to contain:

(i) A circulating loop through the core in which the applicant proposes to conduct fuel experiments; or (ii) A liquid fuel loading; or (iii) An experimental facility in the core in excess of 16 square inches in cross-section. [§ 170.3 Definitions]

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Characteristics of Current NPUF Entities Research Reactors Testing Facilities Class 104 10 MWt > 10 MWt or Research or a or c mission 1 MWt if > 1 MWt if notable safety notable safety considerations considerations Commercial Class 103 Medical Notable safety considerations:

Radioisotope

• Circulating loop through the core used for fuel Irradiation and experiments Production

• Liquid fuel loading

• Large experimental facility in Facilities the core (> 16 in2 in cross-section) 28