ML18233A519

Committee to Review Generic Requirements Meeting Minutes for Meeting No. #456

ML18233A519
Person / Time
Issue date:	08/30/2018
From:	Hackett E Office of Nuclear Regulatory Research
To:	Margaret Doane NRC/EDO
Cupidon L
References
Download: ML18233A519 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 30, 2018 MEMORANDUM TO: Margaret M. Doane Executive Director for Operations FROM: Edwin M. Hackett, Chairman /RA/

Committee to Review Generic Requirements

SUBJECT:

COMMITTEE TO REVIEW GENERIC REQUIREMENTS:

MINUTES OF MEETING NUMBER 456 Following a request from the Deputy Director, Division of Rulemaking, in the Office of Nuclear Material Safety and Safeguards (NMSS), the Committee to Review Generic Requirements (CRGR, the Committee) reviewed the Regulatory Analysis document and rule language for the Draft Proposed Rulemaking 10 CFR Part 74, Material Control and Accounting of Special Nuclear Material (MC&A) (ML18221A521) and the associated regulatory guidance documents.

On August 16, 2018, the CRGR held Meeting No. 456 with the staff to discuss the draft proposed rule language and the staffs positions regarding the use of the adequate protection exception to backfitting in the rulemaking. The staffs presentation materials are located in ADAMS (ML18221A524). Enclosure 1 provides the list of meeting attendees.

In its review of this subject rulemaking, the CRGR engaged the staff in discussion regarding the purpose, backfitting approach, and aspects of the regulatory analyses and the effects of this rulemaking on the various types of licensees impacted.

The staff indicated that the purpose for this final rulemaking is to amend the 10 CFR Part 74 material control and accounting (MC&A) regulations applicable to special nuclear material (SNM) and some source material. This rulemaking would revise and consolidate MC&A requirements in 10 CFR Part 74 to update, clarify, and strengthen existing requirements consistent with Commission direction in SRM-SECY-08-0059.

Moreover, the staff indicated that the principal benefits of the rule include reducing the risk of loss, theft, diversion, or misuse of SNM and increasing regulatory efficiency and effectiveness.

The staff concluded that many of the final rule provisions do not constitute backfitting, as the provisions involved administrative matters, information collection, clarifications, permissive relaxations or voluntary alternatives. The staff also discussed four specific provisions that constituted backfitting and indicated that they are necessary to ensure licensees maintain adequate protection of public health and safety and are in accord with the common defense and security. Therefore, these certain provisions are excepted from the requirement to conduct a CONTACT: Les Cupidon, RES 301-415-0956

2 backfit analysis. The staff further discussed the documented evaluation explaining this conclusion.

The CRGR agreed with the staff regarding the many items in the rulemaking that did not constitute backfitting (as summarized in Table II.1 of the documented evaluation) due to these items being excepted from backfitting considerations for: administrative matters, information collection, clarifications, permissive relaxations or voluntary alternatives.

The CRGR focused the majority of its questions on the four declared backfits and the justification for these backfits based on the adequate protection exception (Section III of the documented evaluation). For all four of the declared backfits, the staff provided a detailed justification for exercise of the adequate protection exception in the documented evaluation. The CRGR ultimately agreed with the staffs bases for the adequate protection exception, but also recognizes that the final decision in this evaluation rests with the Commission. The Committee notes that the staff demonstrated rigorous adherence to the principles and process for backfitting contained in the recent agency training materials.

CONCLUSIONS and RECOMMENDATIONS Following the review of the regulatory basis document and the draft proposed rule language, the CRGR endorsed the rulemaking package. Furthermore, the Committee provided some editorial comments for the staffs consideration that would help increase clarity. The CRGR also requested and the staff agreed to forward for awareness any edits that are accomplished as a result of the CRGR review. Specifically, the CRGR is particularly interested in any modifications made relative to strengthening the case for what is required by the new rulemaking versus what the industry has already been implementing in the topics covered by the final rulemaking.

Enclosure:

List of Attendees for CRGR Meeting No. 456

ML18233A519 OFFICE CRGR Tech Editor CRGR NAME L. Cupidon J. Zabel E .Hackett DATE 8/30/18 8/22/18 8/30/18 CRGR MEETING No. 456 LIST OF ATTENDEES (August 16, 2018)

CRGR Members Edwin M. Hackett, Chairman Laura A. Dudes, NRR John W. Lubinski, NSIR Scott W. Moore, NMSS Vonna L. Ordaz, NRO Darrell J. Roberts, RIII Carrie M. Safford, OGC CRGR Staff Les R. Cupidon, CRGR Staff NRC Staff Theresa Clark, NMSS/DRM Kimyata Morgan-Butler, NMSS/DRM Thomas Young, NMSS/DRM Johari Moore, NMSS/DPCP Thomas Pham, NMSS/FCSE Gregory Trussell, NMSS/DRM Suzanne Ani, NMSS/FCSE James Rubenstone, NMSS/FCSE Donnie Harrison, NMSS/FCSE OGC Staff Garrett Henderson OGC/HLWFS Adam Gendelman OGC/RMR