ML031970065

05/22/2003 Summary of Meeting with NEI to Discuss ITAAC for Operational Programs and 10 CFR Part 52 COL Issues

ML031970065
Person / Time
Site:	Nuclear Energy Institute
Issue date:	07/21/2003
From:	Joseph Sebrosky NRC/NRR/NRLPO
To:	Nuclear Energy Institute
Sebrosky J, NRR/DRIP/RNRP, 415-1132
Shared Package
ML031970037	List: ML031970065
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Download: ML031970065 (12)

Text

July 21, 2003 ORGANIZATION: Nuclear Energy Institute (NEI)

SUMMARY

OF MEETING HELD ON MAY 22, 2003, TO DISCUSS INSPECTIONS, TESTS, ANALYSES AND ACCEPTANCE CRITERIA (ITAAC) FOR OPERATIONAL PROGRAMS AND 10 CFR PART 52 COMBINED LICENSE (COL) ISSUES The Nuclear Regulatory Commission (NRC) held a public meeting with NEI on May 22, 2003, at NRC Headquarters to discuss ITAAC for operational programs (programmatic ITAAC) and 10 CFR Part 52 combined license (COL) issues. A list of attendees is provided as . The meeting agenda is provided as Attachment 2.

Handouts were provided during the meeting by both the staff and NEI. The handouts can be accessed through the Agencywide Documents Access and Management System (ADAMS) under Accession No. ML031420814. This system provides text and image files of NRCs 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 From Programmatic ITAAC Portion of the Meeting contains a description of the programmatic ITAAC issue and the staffs proposal to address the Commissions staff requirements memorandum (SRM) of September 11, 2002.

The staff and NEI disagreed on the interpretation of the second paragraph of the Commissions September 11, 2002, SRM which states the following:

Although the NRC inspection process does not replace a particular ITAAC, an ITAAC for a program should not be necessary if the program and its implementation are fully described in the application and found to be acceptable by the NRC at the COL stage. The burden is on the applicant to provide the necessary and sufficient information for approval of the COL without ITAAC.

The staff and NEI disagreed on what constitutes a fully described program. NEI stated that a COL application need only describe operational programs with the level of detail equivalent to what is provided in existing final safety analysis reports with respect to such programs. The staff believed that additional information regarding the implementation of the program would have to be furnished.

To address the issue, the staff and NEI agreed to pick a program listed in Footnote 2 of to be used to develop guidance to implement the Commissions SRM regarding programmatic ITAAC. The staff and NEI would then independently develop guidelines for the level of programmatic information that would be needed in order to issue a COL without ITAAC for that program. The information would be provided to each organization at least 10 days in advance of a public meeting to discuss the issue. The staff and NEI agreed to target mid-July

for the next meeting on the issue. Subsequent to the meeting, the fire protection program was identified as the candidate program, and the mid-July meeting was canceled in favor of an August 25, 2003, workshop.

Highlights From the COL Portion of the Meeting In their handouts NEI provided a revised list of COL process and construction inspection program (CIP) general discussion topics. NEI stated that they expect a business decision in the 2005 time frame on whether or not to pursue a COL application. NEI stated that if a COL application was pursued the time frame for a letter of intent could be submitted in late 2005 and the COL application itself could be submitted in mid-calendar year 2006. NEI stated that its overarching goal regarding COL and CIP issues was to support new plant business decisions by 2005.

NEI stated that the first eight items identified in their list would require near-term interactions in order to support new plant business decisions by 2005. For the majority of the eight issues, the staff and NEI have already begun discussions. NEI questioned the staff regarding COL-5, Establish a common understanding with NRC regarding the 10 CFR Part 52.103 ITAAC hearing process. The staff agreed to provide feedback to NEI regarding their proposal for the 52.103 hearing process. NEIs comments in this area are contained in Section 6, Preoperational Finding Process and Hearing Opportunity, of their letter dated November 20, 2001. The NRC did not provide a full set of comments in this area because some of the issues associated with how the hearing will be conducted will be determined by the presiding officer in a COL proceeding.

/RA/

Joseph M. Sebrosky, Senior Project Manager New Reactor Licensing Section New, Research and Test Reactors Program Division of Regulatory Improvement Programs, NRR Project No. 689

Enclosures:

As stated cc w/encls: See next page

ML031970037-Pkg.

OFFICE PM:RNRP (A)SC:RNRP NAME JSebrosky JWilliams DATE 7/18/03 7/18/03

Combination List: Ms. Marilyn Kray Vice President, Special Projects cc: Mr. Charles Brinkman Exelon Generation Westinghouse Electric Co. 200 Exelon Way, KSA3-E Washington Operations Kennett Square, PA 19348 12300 Twinbrook Pkwy., Suite 330 Rockville, MD 20852 Mr. Laurence Parme Manager, GT-MHR Safety &

Mr. David Lochbaum, Nuclear Safety Engineer Licensing Union of Concerned Scientists General Atomics Company 1707 H Street, NW, Suite 600 P.O. Box 85608 Washington, DC 20006-3919 San Diego, CA 92186-5608 Dr. Gail H. Marcus Mr. Joseph D. Hegner U.S. Department of Energy Lead Engineer - Licensing Office of Nuclear Energy, Science Dominion Generation

& Technology Early Site Permitting Project NE-1, Room 5A-143 5000 Dominion Boulevard 1000 Independence Avenue, SW Glen Allen, VA 23060 Washington, DC 20585 Mr. Edward L. Quinn Mr. Paul Gunter MDM Services Corporations Nuclear Information & Resource Service Utility Operations Division 1424 16th Street, NW, Suite 404 28202 Cabot Road, Suite 205 Washington, DC 20036 Laguna Nigual, CA 92677 Mr. James Riccio Lynn Connor Greenpeace Doc-Search Associates 702 H Street, NW, Suite 300 2211 sw 1ST Ave - #1502 Washington, DC 20001 Portland, OR 97201 Mr. Ron Simard Mr. Ed Rodwell, Manager Nuclear Energy Institute PWR Design Certification Suite 400 Electric Power Research 1776 I Street, NW Institute Washington, DC 20006-3708 3412 Hillview Avenue Palo Alto, CA 94304-1395 Mr. George Alan Zinke Project Manager Mr. Paul Leventhal Nuclear Business Development Nuclear Control Institute Entergy Nuclear 1000 Connecticut Avenue, NW M-ECH-683 Suite 410 1340 Echelon Parkway Washington, DC 20036 Jackson, MS 39213 Mr. James F. Mallay, Director Mr. Thomas P. Miller Regulatory Affairs U.S. Department of Energy FRAMATOME, ANP NE-20, Rm. A286 3315 Old Forest Road Headquarters-Germantown Lynchburg, VA 24501 19901 Germantown Road Germantown, MD 20874-1290

Patricia Campbell Mr. James Blyth Winston & Strawn Canadian Nuclear Safety Commission 1400 L St., NW 280 Slater Street, Station B Washington, DC 20005 P.O. Box 1046 Ottawa, Ontario Mr. W. Edward Cummins K1P 5S9 AP600 and AP1000 Projects Westinghouse Electric Company Atambir Rao P.O. Box 355 Project Manager, ESBWR Pittsburgh, PA 15230-0355 GE Nuclear Energy 175 Curtner Avenue, MC 365 Mr. Kelly R. Fletcher, Manager San Jose, CA 95125 USA Business Development and Advanced Technologies Mr. Edward F. Sproat, III GE Nuclear Energy Vice President - Intl Projects 175 Curtner Avenue, MC 784 Exelon Generation San Jose, CA 95125 200 Exelon Way Kennett Square, PA 19348 Mr. Jack W. Roe SCIENTECH, INC. Mr. Vince Langman 910 Clopper Road Licensing Manager Gaithersburg, MD 20878 Atomic Energy of Canada Limited 2251 Speakman Drive Mr. Stephen P. Frantz Mississauga, Ontario Morgan, Lewis, & Bockius, LLP Canada L5K 1B2 1111 Pennsylvania Avenue, NW Washington, DC 20004 Dr. Regis A. Matzie Senior Vice President and Mr. Gary Wright, Manager Chief Technology Officer Office of Nuclear Facility Safety Westinghouse Electric Company Illinois Department of Nuclear Safety 2000 Day Hill Road 1035 Outer Park Drive Windsor, CT 06095-0500 Springfield, IL 62704 Mr. Ed Wallace, General Manager Mr. David Ritter Projects Research Associate on Nuclear Energy PBMR Pty LTD Public Citizens Critical Mass Energy PO Box 9396 and Environmental Program Centurion 0046 215 Pennsylvania Avenue, SE Republic of South Africa Washington, DC 20003 Mr. Tom Clements 6703 Gude Avenue Takoma Park, MD 20912 Mr. Horace R. Hall, Commercial Manager Nuclear Business Team UCAR Carbon Company, Inc.

P.O. Box 2170 Clarksburg, West Virginia 26302-2170

Distribution for Meeting Summary dated July 21, 2003 Hard Copy RNRP R/F PUBLIC JSebrosky JWilliams E-Mail:

PUBLIC SCollins WBorchardt BSheron DMatthews RNRP Group DE Branch Chiefs DE Section Chiefs OGC ACRS/ACNW JLyons MKotzalas AThadani FEltawila JIsom JBlake RGardner CPaulk GMizuno RWeisman JMoore BSmith, OGC KBarber, OGC DBarss BMusico NIqmbal PQualls TKenyon DCoe MEl-Zeftway

Meeting With the Nuclear Energy Institute May 22, 2003 Attendance List NRC NEI James Lyons NRR/NRLPO Russ Bell Marsha Gamberoni NRR/NRLPO Ron Simard Joe Sebrosky NRR/NRLPO Jerry Wilson NRR/NRLPO Other Interested Attendees Naeem Iqbal NRR/DSSA/SPLB Mike Bourgeois Entergy Dan Barss NRR/DIPM/IEHB Marilyn Kray Exelon Bruce Musico NRR/DIPM/IEHB Joe Hegner Dominion Tom Kenyon NRR/DRIP/RLEP Larry Drbal Black and Veatch Jose Calvo NRR/DE/EEIB Lane Hay Serch Bechtel Matt Chiramal NRR/DE/EEIB Patricia Campbell Winston and Strawn Janice Moore OGC Charles Brinkman Westinghouse Geary Mizuno OGC Bob Coward MPR Kathryn Barber OGC J. Alan Beard GE Nuclear Energy Brooke Smith OGC Shinichi Hayadune Energy USA Mark Smith USEC Jack Roe Scientech Ryaji Imasaki Toshiba K. Kitamura Toshiba Deann Raleigh LIS, Scientech Attachment 1

Agenda May 22, 2003 Meeting with NEI 9:00 Introductory Comments NEI/NRC 9:10 Discussion of response to staff requirements NRC memorandum (SRM) dated September 11, 2002, regarding programmatic ITAAC (The ADAMS Accession Number for the SRM is ML022540755.

Additional background is contained in attachment 2 to the announcement.)

9:30 Discussion of programmatic ITAAC response NRC/NEI 10:30 Identification and plans for addressing 10 CFR Part 52 NRC/NEI combined license (COL) issues 11:45 Public Comment 11:55 Summary 12:00 Adjourn Attachment 2

Background Material for Programmatic Inspections, Tests, Analyses, and Acceptance Criteria (ITAAC)

Description of the Issue In SECY-02-0067, Inspections, Tests, Analyses, and Acceptance Criteria for Operational Programs (Programmatic ITAAC), the staff requested Commission approval for its position that combined licenses (COLs) for a nuclear power plant submitted in accordance with the requirements of Title 10 of the Code of Federal Regulations (10 CFR) Part 52 Subpart C contain ITAAC for operational programs required by regulations such as training and emergency planning (ADAMS Accession Number ML020700641). The Commission provided its response in a September 11, 2002, staff requirements memorandum (ADAMS Accession Number ML022540755).

Discussion Topics The staff would like to discuss a response to the staff requirements memorandum (SRM) including a discussion of the following option. A draft standard review plan (SRP) Section 14.3, Appendix E, Programmatic ITAAC would be developed for guidance. The staff is considering categorizing the 14 programs that it listed in SECY-02-0067 in the following manner as part of this guidance:

Category A: Programmatic ITAAC are required. A program that falls into this category is emergency planning.

Category B: Programmatic ITAAC are not necessary because hardware-related ITAAC address the results to which the program is directed. Examples of programs that may fall into this category are equipment qualification, quality assurance, and containment leak rate testing.

Category C: An ITAAC for a program or elements of the program is not necessary because the program and its implementation can be fully described1 in the application and found to be acceptable at the COL stage.2 Category D: An ITAAC for a program or elements of the program is necessary because the program and its implementation cannot be fully described1 in the application.

That is, the COL applicant cannot provide the necessary and sufficient programmatic information for approval of the COL without ITAAC.2 Category E: An ITAAC for a program is not necessary because ITAAC will be dispositioned prior to fuel load and the program is not required to be implemented until after fuel load. Examples of programs that may fall into this category include the inservice inspection and inservice testing programs, and the maintenance rule program.

1 A principal issue for these categories is what constitutes a fully described program.

2 The following programs may fall into Category C or D depending on the information provided at the time of the COL: fire protection, radiation protection, security, fitness for duty, training, access authorization, reportability, licensed operator training.

Attachment 3