ML042390144

07/30/2004 Summary of Meeting with NEI to Discuss Emergency Planning (EP) Inspections, Tests, Analyses, and Acceptance Criteria (ITAAC) and Draft Early Site Permit (ESP) Template

ML042390144
Person / Time
Site:	Nuclear Energy Institute
Issue date:	09/02/2004
From:	Joseph Sebrosky NRC/NRR/DRIP/RNRP
To:	Nuclear Energy Institute
Sebrosky J, NRR/DRIP/RNRP, 415-1132
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ML042390141	List: ML042390144
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September 2, 2004ORGANIZATION:Nuclear Energy Institute (NEI)

SUMMARY

OF JULY 30, 2004, MEETING WITH NEI TO DISCUSSEMERGENCY PLANNING (EP) INSPECTIONS, TESTS, ANALYSES, AND ACCEPTANCE CRITERIA (ITAAC) AND DRAFT EARLY SITE PERMIT (ESP) TEMPLATEOn July 30, 2004, a meeting was held between the U.S. Nuclear Regulatory Commission (NRC)and NEI at NRC Headquarters in Rockville, MD. Staff from the Department of Homeland Security/Federal Emergency Management Agency (DHS/FEMA) also participated in the meeting. The purpose of this meeting was to discuss EP ITAAC and the draft ESP template. A list of meeting attendees is included as Attachment 1. The meeting agenda is provided as . NRC and NEI handouts were provided during the meeting. The handouts can be accessedthrough the Agencywide Documents Access and Management System (ADAMS) under Accession No. ML042150056. This system provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the handouts located in ADAMS, contact the NRC Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov

.Highlights of the EP ITAAC Portion of the MeetingThe EP ITAAC portion of the meeting was a follow-on to a meeting held on June 2, 2004, and aworkshop held on April 27, 2004. The staff and NEI reached general agreement on the form and content for most areas that will require EP ITAAC. One area that was identified for additional discussions was how to address requirements in 10 CFR Part 50 Appendix E that no later than 180 days prior to the scheduled issuance of an operating license the licensee must submit detailed emergency planning implementing procedures. NEI agreed to write a letter and provide proposals for addressing EP ITAAC that were discussed at the meeting. The staff agreed to revise its draft proposed EP ITAAC and to consider NEI's proposals that will be discussed in its letter. The staff expects to issue a revised version of its proposed EP ITAAC in a letter to NEI and other stakeholders sometime in September of 2004. Action items from the EP ITAAC portion of the meeting are provided below. The EP ITAAC numbers mentioned in the action items can be found in the staff's portion of the handout material from the meeting. ProposedEP ITAAC numberRevisionD.1.bThe staff and NEI will consider removing the phrase "and the set points are withinapplicable instrument range.

" The staff will also consider whether other proposedITAAC bound this proposed ITAAC. NEI will submit a proposal for how the EP elements in proposed EP ITAAC D.1.b are captured by other ITAAC.E.2The staff and NEI will consider adding the phrase "the COL applicant will identifyspecific capabilities/methods.

"E.6The staff and NEI will consider revising the proposed EP ITAAC to state that "Themeans for notifying and providing instruction to the public are demonstrated to meet design objectives.

"H.1.cThe staff and NEI agreed to consider replacing the phrase "The TSC has thesame radiological habitability as the control room under accident conditions

" withthe "The TSC has comparable habitability with the control room under accidentconditions.

"H.2.cThe staff and NEI will consider adding the phrase "the COL applicant will identifyspecific capabilities/methods.

" NEI will consider sending additional information onthis proposed ITAACH.3.a andH.3.bThe staff will consider whether these ITAAC are bounded by proposed EP ITAACN.1.f and H.2.d.J.10The staff will consider whether the proposed revision to ITAAC E.6 will bound thisITAAC.N.1.a andN.1.bThe staff will consider adding the word "onsite" to these ITAAC. The staff will alsoconsider adding the phrase, "the COL applicant will identify specific onsiteobjectives

" to EP ITAAC N.1.a.N.1.eNEI will provide proposed alternate wording for this ITAAC and consider howportions if not all of this proposed ITAAC are bounded by proposed EP ITAAC N.1.a and N.1.b. The staff will consider NEI

's proposal.N.1.fNEI will consider adding a discussion in their letter for treatment of FEMAidentified deficiencies. Specifically, NEI believes that some deficiencies may not have to be resolved until the plant performs low power testing after the Commission makes its 10 CFR 52.103(g) finding. NEI believes the issue involves interpretation of 10 CFR 50.54(s). The staff agreed to review NEI

's discussion.X.1This proposed ITAAC would require an applicant to submit detailed implementingprocedure no less than 180 days prior to fuel load. NEI will provide information for why they believe this ITAAC is not needed given the requirements of 10 CFR 52.83. The staff agreed to consider how EP implementing procedures should be captured under the 10 CFR Part 52 process. ProposedEP ITAAC numberRevisionGeneralNEI

's proposal will include a discussion of how a COL applicant will identifyspecific responsibilities and what information will be contained in the ITAAC and what information will be provided in the final safety analysis report. The staff will consider adding a qualifier to its proposed EP ITAAC that an applicant referencing a certified design may take credit for EP ITAAC that are already approved as part of the design certification process, and that these EP ITAAC would not have to be duplicated in the COL application.Highlights of Draft ESP Template Portion of the MeetingDuring the second part of the meeting, the meeting participants discussed comments made byNEI on the NRC staff

's draft ESP template. The draft template was sent to NEI and the threeESP applicants by letters dated June 22, 2004 (ML041400179 and ML041110012). NEI provided comments electronically (copy included in handouts), and they made additional comments verbally during the meeting.Regarding EP information in Table 1 of the draft ESP template, NEI questioned the level ofdetail needed to support an acceptable determination, reflected in Table 1, and they asked whether the staff can accept (with caveats) a major feature for which some individual criteria are not addressed. The staff indicated that examples from NEI would be helpful and that the staff would consider the question further. NEI also sought input on the difference between

"acceptable

" and "reasonable assurance

" as applied to ESP reviews. The staff agreed toinvestigate the distinction.NEI also questioned applicability and usefulness of 10 CFR Part 21 in the ESP context. Thestaff referred to its letter dated June 22, 2004 (ML040430041), on the subject and indicated that either NEI or the ESP applicants could respond to the letter.Another comment addressed the item in the draft ESP template that calls for possible limits onthe number of times an ESP can be referenced in a license application. The staff stated that this item is a placeholder for resolution of Issue no. 1 in SECY-04-0103. NEI questioned whether an ESP is the appropriate location for a limitation of this type. Another discussion point was the staff

's proposed table in the draft ESP template which listsexample plant parameters that might appear in an ESP. The staff stated that parameters which are inputs to the safety analyses are appropriate for inclusion in the ESP, and that the issue of inclusion of plant parameters related to the environmental report in the ESP needs further discussion and consideration. Finally, the participants discussed "issue preclusion

" with respect to changes in plant parametervalues. The staff indicated that this issue also needs further discussion and consideration. Actions for ESP template portion of meeting:1.NEI and ESP applicants will attempt to develop examples of EP criteria they contendneed not be addressed, while still allowing a staff finding of "acceptability

" on the relatedmajor feature.2.The NRC staff will internally discuss the question of whether various EP criteria need notbe addressed, while still allowing a staff finding of acceptability on the related major feature.3.The staff will consider the difference between "acceptable

" and "reasonable assurance "related to EP requirements.4.The staff will consider the appropriateness of language in the draft template, whichrefers to applying rules "now or hereafter in effect

" to ESPs.5.The staff will consider, in conjunction with resolution of integrated risk considerations inSECY-04-0103, the practicality and usefulness of specifying limits on the number of times an ESP may be referenced in a license application.6.The staff will consider the question of the need for immediate notification, per10 CFR Part 21, and in general, how best to apply 10 CFR Part 21 to ESPs.7.NEI and the ESP applicants will consider commenting on the staff

's July 22, 2004, letterwhich addresses Part 21 applicability to ESPs.8.The staff will further consider the need for, value of, and language for inclusion in theESP of plant parameters related to the environmental report.9.The staff will consider the impact changes in plant parameter values will have on issuepreclusion./RA/Joseph M. Sebrosky, Senior Project ManagerNew Reactors Section New, Research and Test Reactors Program Division of Regulatory Improvement Programs Office of Nuclear Reactor RegulationProject No. 689 Attachments:1.List of attendees2.Agendacc w/ atts: See next page -4-Actions for ESP template portion of meeting:1.NEI and ESP applicants will attempt to develop examples of EP criteria they contendneed not be addressed, while still allowing a staff finding of "acceptability

" on the relatedmajor feature.2.The NRC staff will internally discuss the question of whether various EP criteria need notbe addressed, while still allowing a staff finding of acceptability on the related major feature.3.The staff will consider the difference between "acceptable

" and "reasonable assurance "related to EP requirements.4.The staff will consider the appropriateness of language in the draft template, whichrefers to applying rules "now or hereafter in effect

" to ESPs.5.The staff will consider, in conjunction with resolution of integrated risk considerations inSECY-04-0103, the practicality and usefulness of specifying limits on the number of times an ESP may be referenced in a license application.6.The staff will consider the question of the need for immediate notification, per10 CFR Part 21, and in general, how best to apply 10 CFR Part 21 to ESPs.7.NEI and the ESP applicants will consider commenting on the staff

's July 22, 2004, letterwhich addresses Part 21 applicability to ESPs.8.The staff will further consider the need for, value of, and language for inclusion in theESP of plant parameters related to the environmental report.9.The staff will consider the impact changes in plant parameter values will have on issuepreclusion./RA/Joseph M. Sebrosky, Senior Project ManagerNew Reactors Section New, Research and Test Reactors Program Division of Regulatory Improvement Programs Office of Nuclear Reactor RegulationProject No. 689 Attachments:1. List of attendees2. Agendacc w/ atts: See next page ADAMS ACCESSION NUMBER: ML042390141-Package *See previous concurrenceOFFICEPM:RNRPPM:RNRPNSIR/DPR/EPDSC:RNRPNAMEJSebroskyMScottBMusico*LDudesDATE8/27/048/30/048/27/048/30/04 -5-OFFICIAL RECORD COPY Distribution for July 30, 2004, Meeting Summary dated September 2, 2004Hard CopyRNRP R/FJMSebrosky

LDudesE-MailPUBLICJDyer (RidsNrrOd)

RBorchardt BSheron (RidsNrrAdpt)

FEltawila NRR/ADPT Secretary [RidsNrrAdpt]

RNRP Group DMatthews BBoger CCarpenter SRichards DCoe TQuay JHannon SWeerakkody EWeiss JWermiel FAkstulewicz MRubin WBateman ESullivan GBagchi SCoffin TChan ALund GImbro DTerao KManoly JCalvo EMarinos RJenkins TJKim, EDO MJohnson MReinhart CCasto RMcIntyre TFoley DThatcher SAlexander TMensah (NRR Communication Coord)

ACRS (RidsAcrsMailCenter)

OPA MEl-Zeftway MAAshley JBlake RGardner CPaulk LCampbell MItzkowitz, OGC RWeisman, OGC GMizuno, OGC TKenyon NIqbal PQualls DBarss BMusico DNelson, OEExternal e-mailbhupinder.singh@hq.doe.govtom.miller@hq.doe.gov Vanessa.Quinn@dhs.gov Kenneth.Wierman@dhs.gov James.Purvis@dhs.gov EP ITAAC and Draft Early Site Permit Template NEI MeetingJuly 30, 2004Attendance List NRC NEIWilliam BecknerNRR/DRIP/RNRPAdrian HeymerLaura DudesNRR/DRIP/RNRPRussell Bell Joe SebroskyNRR/DRIP/RNRPAlan Nelson Michael ScottNRR/DRIP/RNRP Nan GillesNRR/DRIP/RNRPOther Interested AttendeesRaj AnandNRR/DRIP/RNRPTom MundyExelonDan BarssNSIR/DRP/EPDEddie R GrantExelon Bruce MusicoNSIR/DRP/EPDCarl BergerEnergetics Mary Ann AshleyNRR/DIPM/IIPBGeorge ZinkeEntergy Gene ImbroNRR/DE/EMEBBen GeorgeSouthern Nuclear Kamal ManolyNRR/DE/EMEBSteve FrantzMorgan Lewis Kaz CampeNRR/DSSA/SPSBLane HaySERCH Bechtel Jay LeeNRR/DSSA/SPSBJenny WeilMcGraw Hill Thomas KenyonNRR/DRIP/RLEPJohn B. CostelloDominion Ken HeckNRR/DRIP/IIPB Bob WeismanOGC Brooke PooleOGCFEMAKenneth WeirmanJames H. PurvisAttachment 1 AgendaJuly 30, 2004, Meeting with NEI on Emergency Planning (EP) Inspections, Tests, Analyses, and Acceptance Criteria (ITAAC) and Draft Early Site Permit Template8:30 a.m.Introductory CommentsNRC/NEI8:45 a.m.Discussion of NEI

's proposed EP ITAACNEI/NRC9:45 a.m.Discussion of NRC

's proposed EP ITAACNRC11:00 a.m.Public Comment on EP ITAAC 11:15 a.m.Discussion of draft early site permit template. Template isavailable in ADAMS under Accession Number ML041110012NRC/NEI11:50 a.m.Public Comment regarding template12:00 p.m.AdjournAttachment 2 September 3, 2004Combination List:cc:Mr. Charles BrinkmanWestinghouse Electric Co.

Washington Operations 12300 Twinbrook Pkwy., Suite 330 Rockville, MD 20852Mr. David Lochbaum, Nuclear Safety EngineerUnion of Concerned Scientists 1707 H Street, NW, Suite 600 Washington, DC 20006-3919Mr. Paul GunterNuclear Information & Resource Service

1424 16 th Street, NW, Suite 404Washington, DC 20036Mr. James RiccioGreenpeace 702 H Street, NW, Suite 300 Washington, DC 20001Mr. Adrian HeymerNuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708Mr. George Alan ZinkeProject Manager Nuclear Business Development Entergy Nuclear M-ECH-683 1340 Echelon Parkway Jackson, MS 39213Mr. Thomas P. MillerU.S. Department of Energy NE-20, Rm. A286 Headquarters-Germantown 19901 Germantown Road Germantown, MD 20874-1290Ms. Marilyn KrayVice President, Special Projects Exelon Generation 200 Exelon Way, KSA3-E Kennett Square, PA 19348Mr. Laurence ParmeManager, GT-MHR Safety &

Licensing General Atomics Company P.O. Box 85608 San Diego, CA 92186-5608Mr. Joseph D. HegnerLead Engineer - Licensing Dominion Generation Early Site Permitting Project 5000 Dominion Boulevard Glen Allen, VA 23060 Mr. Edward L. QuinnMDM Services Corporations Utility Operations Division 28202 Cabot Road, Suite 205 Laguna Nigual, CA 92677Ms. Lynn Connor Doc-Search Associates 2211 sw 1 ST Ave - #1502Portland, OR 97201Mr. Paul LeventhalNuclear Control Institute 1000 Connecticut Avenue, NW Suite 410 Washington, DC 20036Mr. James F. Mallay, DirectorRegulatory Affairs FRAMATOME, ANP 3315 Old Forest Road Lynchburg, VA 24501Ms. Patricia CampbellWinston & Strawn 1400 L St., NW Washington, DC 20005Mr. W. Edward CumminsAP600 and AP1000 Projects Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355 -2-September 3, 2004Dr. Robert E. GambleEngineering Manager, ESBWR GE Nuclear Energy 175 Curtner Avenue, MC 365 San Jose, CA 95125Mr. Jack W. RoeSCIENTECH, INC.

910 Clopper Road Gaithersburg, MD 20878Mr. Stephen P. FrantzMorgan, Lewis, & Bockius, LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004Mr. Gary Wright, ManagerOffice of Nuclear Facility Safety Illinois Department of Nuclear Safety 1035 Outer Park Drive Springfield, IL 62704Mr. Brendan HoffmanResearch Associate on Nuclear Energy Public Citizens Critical Mass Energy and Environmental Program 215 Pennsylvania Avenue, SE Washington, DC 20003Mr. Tom Clements6703 Gude Avenue Takoma Park, MD 20912Mr. Lionel BattyNuclear Business Team Graftech 12300 Snow Road Parma, Ohio 44130Mr. Ian M. GrantCanadian Nuclear Safety Commission 280 Slater Street, Station B P.O. Box 1046 Ottawa, Ontario

K1P 5S9Mr. Edward F. Sproat, IIIVice President - Int

'l ProjectsExelon Generation 200 Exelon Way Kennett Square, PA 19348Mr. Glenn ArchinoffLicensing Manager AECL Technologies Inc.

481 North Frederick Avenue Suite 405 Gaithersburg, MD 20877Dr. Regis A. MatzieSenior Vice President and Chief Technology Officer Westinghouse Electric Company 2000 Day Hill Road Windsor, CT 06095-0500Mr. Ed Wallace, General ManagerProjects PBMR Pty LTD PO Box 9396 Centurion 0046 Republic of South AfricaMr. Dobie McArthurDirector, Washington Operations General Atomics 1899 Pennsylvania Avenue, NW Suite 300 Washington, DC 20006Mr. Russell BellNuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708Vanessa E. Quinn, ChiefRadiological Emergency Preparedness

Section Nuclear & Chemical Hazards Branch Federal Emergency Management Agency/DHS 500 C Street, SW Washington, D.C. 20472