ML19015A004

1/15/2019 NEI Handout for Public Meeting Part 52 Lessons Learned Rulemaking Suggested Changes for Future New Reactor Licensing

ML19015A004
Person / Time
Issue date:	01/14/2019
From:	Office of Nuclear Material Safety and Safeguards
To:
O'Driscoll, James
References
10 CFR Part 50, 10 CFR Part 52, NRC-2009-0196
Download: ML19015A004 (5)

Text

[10 CFR PART 50/52 LESSONS LEARNED RULEMAKING NEI COMMENTS TO BE January 14, 2019 INCLUDED WITH NRC PUBLIC MEETING

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Regulation Comment/Basis Recommendation

1. 10 CFR 52, DCR Section VIII currently does not provide for In Section VIII, consider whether to provide for Applicability Appendices Applicability similar to 50.59(c)(4) for similar to 50.59(c)(4), The provisions in this section do not changes within the scope of the plant-specific apply to changes to the facility or procedures when the DCD. applicable regulations establish more specific criteria for accomplishing such changes.

Note that operational program descriptions in the FSAR are governed by 50.59, including Note that all departures from the plant specific DCD may need to applicability determinations. Refer to NEI 96- be identified in Section X Departure reports, regardless of the 07, Appendix C Section 1.2. change process used to evaluate them.

2. 10 CFR 52 In SECY 15-0002 Enclosure 2, the NRC Industry questions the statutory basis for adding an expiration indicates that the staff would like to amend date to COL?

the regulations for a COL to include an expiration date when no safety related What aspect of public health and safety is compromised for a construction activity has been started. plant that is delayed?

Industry prefers not to add an expiration date to COLs subject to whether safety related construction activity has been started.

If NRC proceeds with such an expiration date, there will also need to be a provision to renew the COL prior to commencement of construction.

3. 10 CFR 52.99 and 10 The final 10 CFR 52 rule statements of Support a rule change providing a specific prohibition on late-CFR 52.103 consideration failed to include the statement filed contentions for hearing requests on ITAAC under 10 CFR that the NRC did not intend to allow late-filed 52.103(a).

contentions on ITAAC under 10 CFR 52.103(a).

4. 10 CFR 52.43(b) Conforming changes are needed to Section Modify 52.43(b) to remove the word final and to add, or 52.43(b) regarding SDA. major portions thereof

5. 10 CFR 52.133(a) Clarification is needed that SDAs (one or Add to 52.133 that design certifications may reference one or more) may be referenced in design more SDAs.

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6. 10 CFR 52.79(a)(41) and Revise 10 CFR 52.79(a)(41) and 52.47(a)(9) Add a proposed new footnote to limit NRCs use of such new 10 CFR 52.47(a)(9) to limit the NRCs use of new SRP or other positions:

new NRC staff positions adopted after the date six months before docketing. The (41) For applications for light-water-cooled nuclear power plant current regulation requires the application to combined licenses, an evaluation of the facility against the address SRP in effect six months before standard Review Plan (SRP) revision in effect 6 months before docketing. As with the backfit rule (10 CFR the docket date of the application. The evaluation required by 50.109), subsequent SRP revisions and other this section shall include an identification and description of all changes in the NRC staffs interpretation of differences in design features, analytical techniques, and the regulations should not be applied to the procedural measures proposed for a facility and those NRCs review of the docketed application. In corresponding features, techniques, and measures given in the practice, however, the NRC staff has often SRP acceptance criteria. Where a difference exists, the asked applicants to address new SRP evaluation shall discuss how the proposed alternative provides revisions, Reg. Guides, or other new staff an acceptable method of complying with the Commission's positions that were adopted after the date six regulations, or portions thereof, that underlie the corresponding months before application docketing. SRP acceptance criteria.

• SRP revisions and other NRC regulatory staff positions adopted later than six months before the docket date will not be applicable to the application, and the combined license applicant shall not be required to respond to RAIs or otherwise evaluate the facility against such SRP revisions or positions, except in accordance with the provisions of §50.109 of this chapter, as applicable.

7. AP1000 DCR Section Correct cross reference with AP1000 DCR Correct VI.B.6 (on issue resolution) to refer to VIII.b.5.g (not f).

VI.B.6

8. DCR IV.B Design certification rules should clarify how Clarify DCR IV.B concerning how a DC may be referenced in a they may be referenced in a CP/OL CP/OL or how an OLs FSAR in is incorporated in a subsequent application, including the ITAAC. The SOC DCA and whether use of ITAAC is permitted but not required.

for the ABWR final rule says, The Commission reserves the right to determine in what manner this appendix may be referenced by an applicant for a construction permit or operating license under 10 CFR part

50. This determination may occur in the 2

[10 CFR PART 50/52 LESSONS LEARNED RULEMAKING NEI COMMENTS TO BE January 14, 2019 INCLUDED WITH NRC PUBLIC MEETING

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context of a subsequent rulemaking modifying 10 CFR 52 or this DCR, or on a case-by-case basis in the context of a [CP application].

9. 10 CFR 52.47(a)(26) The last sentence of 52.47(a)(26) is not Delete last sentence of 52.47(a)(26):

being used and therefore has been shown to Justification that compliance with the interface requirements of be unnecessary. paragraph (a)(25) of this section is verifiable through inspections, tests, or analyses. The method to be used for verification of interface requirements must be included as part of the proposed ITAAC required by paragraph (b)(1) of this section; and

10. 10 CFR 50.71(e) Clarify 50.71(e) applicability to both COL Revise Section 50.71(e) to read:

applicants and holders. Each person licensed to operate a nuclear power reactor under the provisions of § 50.21 or § 50.22, and each applicant for or holder of a combined license under 10 CFR 52 of this chapter, shall update periodically.

11. 10 CFR 50.69 10 CFR 50.69 omits a statement of Clarify 50.69 applicability to COL Holders (see NEI PRM-50-110 applicability to COL Holders. (ML15037A481)).

The petition requested that the NRC clarify the applicability of an NRC regulation to combined licenses (COLs). The applicability and scope of the NRC's regulations in § 50.69 currently applies to a holder of a license to operate a LWR under 10 CFR part 50; a holder of a renewed LWR license under 10 CFR part 54; an applicant for a construction permit or operating license under 10 CFR part 50; or an applicant for a design approval, a COL, or manufacturing license under 10 CFR part 52. A holder of a COL issued under 10 CFR part 52 is not included in the group of entities that may take advantage of the provisions of § 50.69.

12. 10 CFR 55.54(m) Table of minimum requirements per shift for Consider expansion of the table for sites that could have more on-site staffing of nuclear power units by than three operating units.

operators and senior operators currently does 3

[10 CFR PART 50/52 LESSONS LEARNED RULEMAKING NEI COMMENTS TO BE January 14, 2019 INCLUDED WITH NRC PUBLIC MEETING

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not address requirements for more than three power units operating.

13. 10 CFR 50.54(q) The Emergency Plan change process provided Correct 10 CFR 50.54(q) to apply during construction. See by 10 CFR 50.54(q) should be available to ML14311A992.

licensees during construction, i.e., prior to the Section 52.103(g) finding.

14. 10 CFR 73 NRC has taken the position that, during Modify §73.67 to allow a COL holder the option during construction, a COL holder needs a §73.67 construction to utilize its §73.55 security plan to receive fuel.

security plan to receive fuel and cannot rely upon a §73.55 security plan until NRC makes OR the 52.103(g) finding.

SECY-15-0002 suggests that 10 CFR 70 requirements should apply for receipt of fuel on site, consistent with 10 CFR 50 CP requirements. The industry requests that the NRC evaluate whether similar changes are warranted with respect to implementation of the radiation protection, fire protection, and emergency plans prior to the 52.103(g) finding.

15. 10 CFR 73.58 10 CFR 73.58 applies to operating reactor Clarify that applicability of 10 CFR 73.58 begins upon issuance of licenses issued under part 50 or 52. A more a 10 CFR 52 103(g) finding. Reference ML14175A578.

clear reference to the 103(g) finding for Part 52 licensees could clarify the intent this Also clarify applicability during decommissioning.

process does not apply until the operational phase.

16. 10 CFR 50.55(e) 10 CFR 50.55(e) requirements are very Therefore, 10 CFR 50.55(e) can be deleted without any similar to the provisions of 10 CFR 21 and reduction to the health and safety of the public.

used for the same purpose.

This issue was considered in connection with NRC endorsement in RG 1.234 of NEI 14-09.

It is inefficient to have provisions in 2 separate parts of the regulations and therefore the regulations should be revised to eliminate duplication.

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17. 10 CFR 20 Part 20 requirements within DCAs/SDAs. Clarify scope of extent to which Part 20 requirements need to be addressed within DCAs/SDAs.

18. 10 CFR 21.3 Definition of dedicating entity does not Correct 21.3 definitions to also apply to 10 CFR 52 licensees.

apply to 10 CFR 52 licensees; it was unintentionally omitted in a 2007 10 CFR 21 amendment.

This is also true with respect to a number of other definitions in 21.3.

19. 10 CFR 50.55a The current regulations are set up to drive Remove the 10 CFR 50.55a condition that requires maintaining the licensee to remain in ASME Section III ASME Section III for all systems until the 103(g) finding. This until the NRC 52.103(g) decision. Early would permit transition to ASME Section XI for repair and additional use of Section III can put replacement activities once all ASME Section III activities have unnecessary transients on plant systems, and been completed for the system.

restricts the licensee from transitioning to other relevant ASME Code provisions (e.g.

Section XI) on a per system basis.

20. 10 CFR 51.105 and 10 The NRC should ensure consistency in its Add a reference in 10 CFR 2.104 to 51.105.

CFR 2.104 rules by conforming 10 CFR 51.105, which contains mandatory findings on NEPA matters in uncontested proceedings, to 10 CFR 2.104, which does not specify the findings to be made.

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