ML21250A199

Comment Resolution Matrix Strategic Plan for Fys 2022-2026

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Issue date:	09/07/2021
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Comment Resolution Matrix: U.S. Nuclear Regulatory Commission Strategic Plan for Fiscal Years 2022-2026 The comments included in the table below reflect the comments received from a Federal Register Notice (85 FR 56275) dated Sept. 11, 2020 and two public meetings that took place on September 22, 2020 and June 28, 2021. Questions during the public meetings related to agency process, scheduling, or clarifications were not included in the table below. In addition, comments from the public meetings have been edited for clarity in some instances. The full meeting transcripts are identified in the table.

Number Commenter / Comment Comment Resolution Organization Source 1 J. Kempfer Federal We believe that solving climate change is one of the most pressing and important challenges facing The U.S. Nuclear Regulatory Commission (NRC) appreciates this Register Notice America and the world, and nuclear power is essential in meeting that challenge. This includes ensuring comment and thanks you for participating in the process. The full Third Way, Development the continued, safe operation of Americas existing nuclear power plants, and ensuring that the next draft Strategic Plan for Fiscal Years (FYs) 2022-2026 recognizes ClearPath, of NRC's generation of advanced nuclear technologies can be available to the market in time to meet the growing the influence climate change may have in the future and includes Bipartisan Policy Strategic Plan demand for clean energy that allows America to meet its clean energy goals. a new strategy related to climate change impacts under Safety Center, Nuclear for Fiscal and Security Objective 1: Provide quality licensing and Innovation Years 2022 We recognize the important role the Nuclear Regulatory Commission (NRC) plays in ensuring the oversight of nuclear facilities and radioactive materials. This Alliance, and Through 2026 safety of Americas civil nuclear fleet. Safety can be assured by a combination of smart regulations and strategy focuses on the safe and secure use of radioactive Nuclear Matters. (85 FR 56275) technical innovations. Advanced nuclear technologies use a variety of features that can enhance safety. material that may be impacted by climate change. This topic is (ADAMS Thus, the new technologies being proposed by Americas innovators will require a new approach to also addressed as an external key factor in Appendix A, Accession No. licensing, as the NRC has recognized in its efforts to develop 10 CFR Part 53. External Key Factors of the draft plan. The Market Forces and ML20221A238) Climate Change Mitigation section in Appendix A has been It is also important that these new designs are able to be rapidly deployed in conjunction with state and updated to reflect the agencys awareness of how climate national climate goals to reduce emissions in the coming decades. Meeting the climate challenge will change may influence the ability of the NRC to achieve its Letter dated require us to rapidly decarbonize the power sector and determine the best ways to decarbonize other strategic goals and the associated objectives. Additionally, November 13, energy sectors. To do that, we will need advanced nuclear technologies available by the end of this Safety and Security Objective 2 addresses the need, as 2020 (ADAMS decade. required by the Nuclear Energy Innovation and Modernization Accession No. Act (NEIMA), to develop the NRCs regulatory framework for ML20324A254) This means that the years 2022-2026 will be critical in the development and licensing of these new advanced reactor technologies.

decarbonization tools. We do not doubt that the NRC will continue to ensure that any reactor licensed for operation in the United States will be safe. However, a primary objective of the Atomic Energy Act is to enable the safe use of atomic energy to the maximum benefit of the general welfare. This objective is more urgent now than ever before. The NRC must view and understand its safety and security mission as a function of broader U.S. policy on nuclear energy, particularly in light of the serious threat of climate change.

As such, we believe a modern, risk-informed NRC is essential to enabling continued safety and performance and to paving the way for new nuclear. There is a national need for safe, carbon-free nuclear power to play a major role to address climate change and the next five years are likely to be extremely consequential for the United States. Working with industry and other stakeholders, we believe the NRC can ensure that the licensing of advanced reactors happens quickly without compromising safety. Along these lines, we encourage the NRC to proactively modernize regulations to allow new technologies to operate safely and efficiently and provide a cost-competitive option for always available carbon-free power.

The decisions made by the NRC in the next few years will determine whether or not there is a future for advanced nuclear energy in the United States. This will have a direct impact on our ability to meet our carbon reduction goals. Safe nuclear power, overseen by a strong, independent regulator, is a key element of our low carbon future. We encourage the emphasis and focus of the NRCs 2022-2026 Strategic Plan to recognize that both existing and new nuclear technologies play a significant role in addressing climate change, and to ensure a reasonable and effective process for licensing new advanced nuclear technologies so that they can be brought to market as quickly and efficiently as possible.

Addressing climate change was not a consideration when the NRC was established. But as repeated analyses have made clear, addressing climate change is a significant challenge and threat to our nation.

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Number Commenter / Comment Comment Resolution Organization Source We need every agency within the federal government to use its power to expedite the transition to safe, clean sources of energy that will allow us to rapidly decarbonize our economy.

2 Douglas E. True Federal Significance of the 2022-2026 NRC Strategic Plan The NRC appreciates this comment and thanks you for Register Notice The current U.S. fleet is performing at unprecedented levels of safety, reliability, and cost participating in the process. Please see the response to comment Nuclear Energy Development competitiveness. The next five to seven years are arguably the most critical period for the U.S. nuclear 1.

Institute of NRC's power industry in over 40 years. Advances in nuclear technology offer new opportunities to improve Strategic Plan upon this unprecedented performance and will enable nuclear energy to address the threat posed by for Fiscal climate change. As our nation and the world grapple with the challenge of reducing carbon emissions, Years 2022 many U.S. utilities are doing their part by making carbon reduction commitments. Reliable and Through 2026 dispatchable carbon-free generation sources - including nuclear power - must be available in order for (85 FR 56275) U.S. utilities to fulfill these commitments. Simply put, nuclear power is essential to successfully mitigate (ADAMS the threat posed by climate change.

Accession No. ML20221A238) A strong, independent, and efficient safety regulator is an essential element of meeting the nations goals. The primary challenge faced by the NRC in the Fiscal Years (FYs) 2022-2026 timeframe will be Letter dated its transformation into a modern, risk-informed regulator so that it can execute its radiological safety and November 13, security mission in the most effective, efficient and least burdensome manner possible. This will require 2020 (ADAMS the NRC to recognize the high levels of performance of the current fleet and apply a risk-informed Accession No. approach to make possible the timely deployment of new, safe, cost-effective technologies, which are ML20324A255) critical to the nations success in, for example, reducing carbon. Adopting this strategic approach over the period covered by the next iteration of the agencys Strategic Plan will ensure that, in executing its safety mission, the NRC does not - without a compelling safety basis maintain or erect unnecessary barriers to achieving the nations broader carbon-reduction objectives.

The NRCs FYs 2022-2026 Strategic Plan is critical to addressing the challenge described above. The changes the NRC should undertake are more fundamental than initial transformation efforts. The NRCs execution of its safety mission must continue to evolve; the Strategic Plan itself must be written in a manner that leads the agency to the needed change; and implementation of the Plan must continuously drive the needed change. Consequently, industrys input to the formulation of the NRCs 2022-2026 Strategic Plan is divided into the following elements:

• The Strategic Plan Must Reflect a Shift in NRCs Implementation of its Mission in Light of the Broader Context of U.S. Energy Policy

• The Strategic Plan Must Drive Real Transformation

• NRC Should Continuously Reinforce the Strategic Plans Goals and Objectives 2A Douglas E. True Federal Refocusing on the NRCs Safety and Security Mission in the Broader Context of U.S. Energy The NRC appreciates this comment and thanks you for Register Notice Policy (responds to Federal Register Notice Questions 1, 2, 3, and 4) participating in the process. The full draft Strategic Plan for FYs Nuclear Energy Development 2022-2026 addresses the agencys continued efforts to be a Institute of NRC's In essentially the first words of the Atomic Energy Act of 1954, as Amended (the Act), Congress modern risk-informed regulator by promoting risk-informed Strategic Plan declared it to be the policy of the United States that . . . the development, use, and control of atomic decision-making to result in effective and efficient oversight, for Fiscal energy shall be directed so as to make the maximum contribution to the general welfare, subject at all rulemaking, and licensing and certification activities.

Years 2022 times to the paramount objective of making the maximum contribution to the common defense and Through 2026 security. Congress also found that [t]he development, utilization, and control of atomic energy for (85 FR 56275) military and for all other purposes are vital to the common defense and security. At the same time, (ADAMS Congress recognized that regulation . . . of the production and utilization of atomic energy . . . is Accession No. necessary. in the national interest to assure the common defense and security and to protect the health ML20221A238) and safety of the public.6 Thus, from the beginning, the primary purpose of the Act has been to establish a program for the safe, secure, and widespread use of atomic energy to maximize the Letter dated contribution to the national welfare. Given the threat posed by climate change, this objective is more November 13, urgent now than ever before.

2020 (ADAMS Accession No. Although Congress later separated the Atomic Energy Commissions (AECs) regulatory and ML20324A255) promotional functions, that separation did not change the overall U.S. policy with respect to use of atomic energy. The NRC should view and implement its mission through the lens of the broader context of the U.S. policy, which establishes that nuclear energy should make the maximum contribution to the general welfare. To be clear, the NRCs decision-making on specific issues related to the operation of nuclear power reactors should remain focused on its primary statutory mandate to ensure that utilization or production of special nuclear material will be in accord with the common defense and security and will provide adequate protection to the health and safety of the public. This mission is 2

Number Commenter / Comment Comment Resolution Organization Source clearly focused on protecting the public from radiological hazards associated with production and utilization of special nuclear material.

That said, it is also well-established that the Commissions discretion in the manner in which it regulates radiological safety is so broad and free of close prescription that it is virtually unique. Radiological safety must remain the NRCs primary focus, but that does not give the agency license to regulate in a vacuum. To the contrary, in the critical period addressed by this Strategic Plan, it is essential that the NRC set strategic goals that reflect an understanding of the broader policy context within which the agency has been given regulatory authority. Specifically, we encourage the NRC to redouble its efforts to ensure that it operates as a modern, risk-informed regulator and is executing its radiological safety and security mission in the most effective, efficient, and least burdensome manner possible. This will ensure that in executing its safety mission, the NRC removes current unnecessary burden, and does not inadvertently erect new barriers to achieving the broader policy objectives of the Atomic Energy Act and more recent legislation particularly at a time when nuclear power must play a vital role in addressing the climate crisis.

The urgency of the need for the NRC to refocus on risk-informing and maximizing the effectiveness and efficiency of its regulatory programs is reflected in many actions and policies by states and at the federal level, including:

• State policies are already driving utility commitments to carbon reduction that require reliable, firm, dispatchable carbon free power that nuclear can provide.

• Congress has directed and funded NRC to develop a new regulatory framework to enable new safe, affordable advanced reactors to be more readily licensed.

• Congress has made advanced nuclear a near-term priority by appropriating significant funding with the expressed goal of achieving technology demonstration within 5 to 7 years.

The NRCs Strategic Plan provides the ideal opportunity for the Commission to recognize these broader energy policy objectives included in the AEA. They form a compelling basis for maintaining strategic focus on ensuring that the agencys regulatory approach keeps pace and evolves, as the nations need for safe and reliable carbon-free power intensifies.

Failure to recognize the broader context within which the NRC is regulating could hinder the nations ability to reach its carbon reduction goals. Congress has signaled that safe nuclear power must play a role in addressing the nations future energy through numerous bipartisan legislative actions. In carrying out its mission, the NRC should strive to make the safe use of nuclear technology possible in order to ensure that nuclear energy is available to fulfill its needed role against climate change.

The role of U.S. nuclear technologies does not stop at U.S. borders. The NRC is the global gold standard for regulators. Approval of SMRs and advanced nuclear technologies support U.S. national security interests by enabling safe, NRC-approved, nuclear technologies to be deployed in countries that are also looking to harness nuclear carbon-free energy as part of their carbon reduction/energy strategies. The deployment of these NRC-approved technologies ensures reactors in other countries adhere to proper safety and security standards, as well as enabling the U.S. to build long-term relationships with these countries.

Thus, in the period of the next Strategic Plan, the NRC must play a key role in:

• Enabling safe existing and new nuclear technology to play a significant role in addressing the environmental threat to the country and the world resulting from climate change.

• Enabling new, safe US nuclear technologies to be expeditiously licensed and come to market in order to provide an exportable technology to counter the national security threat presented by proliferation of nuclear technology from China and Russia around the globe.

2B Douglas E. True Federal Driving Real Transformation (responds to Federal Register Questions 1, 2, 3, and 4) The NRC appreciates this comment and thanks you for Register Notice participating in the process. The current full draft Strategic Plan Nuclear Energy Development Given the NRCs current focus on transforming into a modern, risk-informed regulator, the next for FYs 2022-2026 addresses the transformation efforts the Institute of NRC's Strategic Plan should specify a bold vision for organizational, cultural, and regulatory transformation. agency is taking to enhance stewardship of resources, Strategic Plan In light of the NRC staffs own acknowledgement of the need for transformation, simply updating the technology, and the workforce to improve performance in for Fiscal existing plan is insufficient. Rather, the NRC should look at this update as an opportunity to achieving its mission. This will continue to facilitate the NRCs Years 2022 demonstrate its commitment to change. Not only should the NRCs goals and objectives be transformation vision to be a more, modern risk-informed Through 2026 transformational, but the process through which the plan is developed and implemented should also regulator.

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Number Commenter / Comment Comment Resolution Organization Source (85 FR 56275) be transformational. Historically, the NRC Strategic Plan seems to have had little impact on the (ADAMS NRCs day-to-day regulatory activities, aside perhaps from its budget development and execution.

Accession No. Rarely do NRC staff or commissioners refer to the Strategic Plan in its interactions with stakeholders; ML20221A238) nor do agency documents typically discuss how a particular agency action is consistent with the Plans objectives, goals, or strategies.

Letter dated November 13, The NRC and the industry are well-positioned to implement a bolder vision for transformative change from a 2020 (ADAMS safety and performance standpoint. The NRC has articulated an answer to the question of how safe is safe Accession No. enough? in its Safety Goal Policy Statement. By all measures, based on the NRC Staffs own work, the ML20324A255) current fleets safety performance far exceeds the Commissions safety goals and prior risk-informed focus has reduced the risk of a radiological accident from internal event challenges by more than a factor of ten.15 Further, the NRCs own Reactor Oversight Process (ROP) has shown a significant and sustained decline in findings. It is clear that the NRC and industry have accumulated substantial safety margin and the time is right for bold, transformative change to maximize the efficiency and effectiveness of the NRCs regulatory program.

These improvements can be achieved without compromising safety or security. In fact, at this point in the industrys life cycle, we believe taking a more risk-informed approach will improve safety and performance of existing reactors and will facilitate the development of new, innovative technology with additional inherent safety features.

The NRC has already taken useful, initial steps towards transformation. For example, the goal to become a modern, risk-informed regulator was first introduced into the NRC vernacular in the staffs 2018 paper, SECY-18-0060, Achieving Modern Risk-Informed Regulation. In that paper, the staff commented that, despite long-term efforts to apply risk insights in a systematic manner, it had learned from internal and external stakeholders that both the NRC staff and licensees continue to believe that current regulatory practices lead to unnecessary burden evidenced by the expenditure of undue effort on matters of low safety significance across all technical areas. The staff also acknowledged that unnecessary regulatory burden can discourage the introduction of technologies . . . that may have safety benefits and that the NRC is obligated to remove unnecessary barriers to enable the safe and secure use of new technology. The staff then aptly concluded:

Consequently, the staff believes the NRC is at a crossroads for using risk information in regulatory decision-making and determining review scope and level of detail, and the direction we take will impact the future of the agency. Either we embrace change in the industry or we will, through the continued use of dated, inflexible, and inefficient regulatory approaches, be an unnecessary barrier to technology advances. The technologies that the agency will regulate in the next 40 years will be different than the technologies that we have regulated in the previous 40 years. Therefore, our continued success as a safety and security regulator will be impeded by the application of existing approaches to the licensing and oversight of new technologies.

Instead, as a modern, risk-informed regulator, we would keep pace with technological innovations, and remove unnecessary barriers to enable the safe and secure use of new technology.

The staff also found that [c]entral to transformation is the staffs sense of urgency and its view that Modern risk-informed regulation cannot wait.

The need for significant and immediate change seems to have been embraced to a certain degree. For example, the Office of Nuclear Reactor Regulation (NRR) recently developed the following vision statement:

We make safe use of nuclear technology possible. The statement inherently recognizes NRCs role in facilitating the use of nuclear technology to further the general welfare through execution of its safety mission.

The staffs prescient conclusions in SECY-18-0060 and the acknowledgement in NRRs vision statement are incremental steps in the right direction, but more is needed. And time is of the essence.

In parallel with the NRCs transformation efforts, the industry is going through its own transformation, adopting and developing new technology at a rate not seen before. This spans from the adoption of readily available, industrial technologies such as digital systems to the use of performance monitoring supplemented by artificial intelligence to development of accident tolerant fuels. Work on advanced nuclear technologies that will define the fleet of the future is also moving forward. These advances manifest themselves in both enhanced technology and modern approaches to design, fabrication, construction, and operation that will not succeed if current regulatory approaches are applied. NRCs regulatory strategies, actions, and processes must quickly adapt to support the deployment of new technologies in many forms and applications.

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Number Commenter / Comment Comment Resolution Organization Source The Atomic Energy Act does not stand in the way of such an evolution. Rather, the AEA has provided enduring guidance allowing the agency to advance the regulatory framework and decisions with advancements in science and technology, as well as those made by the regulated community. The NRCs statutory mandate to provide reasonable assurance of adequate protection does not and has never been interpreted to maintain obsolete regulatory approaches. It allows for the NRC to adjust requirements and expectations over time, regardless of whether this means less or more regulation. A good example is the decision regarding the application of single failure criteria in the NuScale design certification review where the Commission determined that In any licensing review or other regulatory decision, the staff should apply risk-informed principles when strict, prescriptive application of deterministic criteria such as the single failure criterion is unnecessary to provide for reasonable assurance of adequate protection of public health and safety. A critical point is that the agency has the authority to determine necessary regulatory burden but should not place unnecessary regulatory burden on the industry. The NRCs Strategic Plan can provide much needed clarity that eliminating unnecessary regulatory burden does not mean reducing safety.

The implementation of the NRCs mission should reflect a modern, risk-informed view of what reasonable assurance of adequate protection of public health and safety means in 2020, as opposed to what it might have meant earlier in the industrys history. Implementation of the NRCs mission should take into consideration scientific, technical, and operational advancements since many of NRC mission-based standards were established.22 It should also consider how sustained, high levels of industry performance have directly improved operational safety, which should in turn shape the NRCs goals, objectives and strategies.23 Becoming a modern, risk-informed regulator also means that NRC would benefit from an improved understanding of the utility business planning process for new builds and decommissioning plants to better align the agencys strategic goals, objectives, strategies and performance metrics.

We recommend that the goal of being a modern, risk-informed regulator be a central theme of the 2022-2026 Strategic Plan. Further, we recommend that the Plan be used as an opportunity to provide clarity and a uniform understanding of this phrase.

For instance, industrys view is that modern should not simply be represented by the NRCs use of new technology and its openness to industry use of technology in performing its mission. Being modern also implies up-to-date, meaning that regulatory, enforcement, and licensing techniques should not be static, but should evolve as technology evolves. Modernization should also include the improved use of current scientific knowledge, understanding of technology and risk, and of decades of industry operating experience in how the NRC understands and implements its regulatory mission. In this light, the NRCs regulations and oversight should directly reflect these considerations. Modernizing the agency should enable it to capture, for example, key lessons learned from the COVID-19 Public Health Emergency, not only to improve future planning for pandemics, natural disasters, or other contingencies, but also NRCs licensing and inspections programs in the post- COVID-19 regulatory paradigm.

Providing more clarity on the term risk-informed and offering direction through the Strategic Plan would facilitate development of a more consistent understanding of the term between the NRC, licensees, and stakeholders. Additional clarity and direction would also, per Commission direction, assist efforts to identify and consider additional opportunities to apply more broadly risk insights to enhance our decision-making beyond traditional technical issues [including] our corporate and infrastructure programs.

The bottom line is that the Strategic Plan should serve as a foundational framework, setting forth the agencys commitment to becoming a modern, risk-informed regulator, and drive the application of that fundamental concept by those carrying out the NRCs mission during this critical period.

2C Douglas E. True Federal Continuous Reinforcement of the Goals and Objectives Provided in the Strategic The NRC appreciates this comment and thanks you for Register Notice Plan (responds to Federal Register Questions 1, 2, 3 and 4) participating in the process. The NRC staff is using innovative Nuclear Energy Development Historically, NRC Strategic Plans seem to have had little impact on the day-to-day activities of the ways to engage the staff and keep them informed on the FYs Institute of NRC's agency aside from its use in formulating and executing the budget. The average NRC employee has 2022-2026 Strategic Plan development. Following the completion Strategic Plan little knowledge of or interaction with the Strategic Plan on a routine basis, compared to other NRC of the strategic plan in February of 2022, the strategic goals, for Fiscal products such as the Principles of Good Regulation. We recommend that the NRCs next Strategic Plan objectives, and strategies will be communicated to all NRC staff Years 2022 be communicated to the staff at all levels much more comprehensively than in past years to ensure that and will be used to help guide operations across the agency. As Through 2026 every employee understands that they are accountable for embracing the objectives contained in the mentioned at the public meeting, the NRC is developing an (85 FR 56275) Plan as they carry out their work. externally facing application that will provide ongoing visibility into (ADAMS the contributing activities and accomplishments that are Accession No. Prior to the current 2018-2022 Strategic Plan, the NRCs Strategic Plan contained goals related to completed to achieve the strategic goals, objectives, and ML20221A238) agency performance. In 2014-2018, these were identified as Management Objectives, and in 2008- strategies. The visibility of these actions will provide transparency 5

Number Commenter / Comment Comment Resolution Organization Source 2013, the NRC plan called them Organizational Excellence. Similar concepts appear in earlier plans. to NRC stakeholders and will also provide a better connection to Letter dated In the 2018-2022 Strategic Plan, however, the NRC eliminated any goals or objectives related to the NRC staff and the day-to-day work performed to achieve the November 13, management or organizational performance. These are worthy goals and should be reinstated. Current strategic goals, objectives, and strategies.

2020 (ADAMS guidance from the Office of Management and Budget in Circular A-11, Section 230, encourages Accession No. agencies to adopt what is now referred to as a Stewardship Objective (which has replaced the former The full draft strategic plan for FYs 2022-2026 contains a goal ML20324A255) Management Objective). Circular A-11 states that Stewardship objectives communicate improvement addressing organization health. This goal focuses on the priorities for management functions such as strategic human capital management, information agencys continued efforts to maintain an organization and technology, sustainability or financial stewardship. In general, these efforts will cut across the infrastructure that facilitates continuous learning and innovation, organization and should reflect priorities that leadership would like to emphasize over the period of knowledge management, diversity and inclusion, technology performance established in the strategic plan. (emphasis added) adoption, and strategic planning, which in turn inspires the NRC workforce.

Many of the challenges that the NRC is currently grappling with, including transformation, modernization, becoming more risk-informed, and establishing a culture of innovation that is willing to embrace change fit well into a Stewardship Objective. Again, the NRC Strategic Plan could serve as the platform to unify all of these objectives and provide an improved guidepost to which the NRC staff can refer.

In addition, establishing a Stewardship Objective in the Strategic Plan could also reflect the use of technology to enable the NRC to more efficiently and effectively carry out its mission. Increased use of machine learning, data analytics, and availability of data to the public should also be included under an agency performance goal.

2D Douglas E. True Federal On September 11, 2020, the NRC requested comments on its update of the NRC's Fiscal Years (FY) The NRC appreciates this comment and thanks you for Register Notice 2022-2026 Strategic Plan. Specifically, the NRC requested input on the agency's strategic goals, actions participating in the process. Please see the response to comment Nuclear Energy Development to realize those goals, and how to address key challenges and external factors. 1.

Institute of NRC's Strategic Plan We appreciate the progress being made by the NRC on its journey to become a modern, risk-informed for Fiscal regulator. These efforts have resulted in significant progress in multiple areas, including risk-informing of Years 2022 licensing and streamlining of processes and procedures. As identified in the NRC Futures Assessment, Through 2026 the NRC and the nuclear industry face a dynamic and evolving future. At the same time, the nation, and (85 FR 56275) the world, are grappling with the need to reduce carbon emissions and many U.S. utilities are making (ADAMS carbon reduction commitments that require carbon-free generation like safe nuclear power. Safe nuclear Accession No. power, overseen by a strong, independent regulator, is an essential element of meeting the nations ML20221A238) goals and the NRC Strategic Plan should guide the agencys conduct.

Letter dated The current U.S. fleet is performing at unprecedented levels of safety, reliability, and cost-November 13, competitiveness.1 However, the next five to seven years are arguably the most critical period for the 2020 (ADAMS U.S. nuclear power industry in over 40 years. Consequently, the FY 2022-2026 NRC Strategic Plan Accession No. requires more fundamental changes than prior revisions. We encourage the NRC to redouble its efforts ML20324A615) to ensure that it is functioning as a modern, risk-informed regulator and is executing its radiological safety and security mission in the most effective and efficient manner possible. This will ensure that in executing its mission, the NRC does not maintain or erect unnecessary barriers to achieving the broader policy objectives of the Atomic Energy Actthat atomic energy shall make the maximum contribution to the general welfareparticularly at a time when nuclear power must play a vital role in addressing carbon reduction goals. Further, the manner in which the Strategic Plan is implemented should drive this needed change.

2E Douglas E. True Federal The Strategic Plan Must Reflect a Shift in NRCs Implementation of its Mission in Light of the The NRC appreciates this comment and thanks you for Register Notice Broader Context of U.S. Energy Policy participating in the process. Please see the response to Nuclear Energy Development comment 2A.

Institute of NRC's

• Recognition of Broader U.S. Energy Policy Objectives. From the beginning, a primary objective of the Strategic Plan Atomic Energy Act has been to enable the safe use of atomic energy to the maximum benefit of the for Fiscal general welfare. Given the vital role that nuclear power plays in combating the threat posed by climate Years 2022 change, this objective is more urgent now than ever before. The NRC should view and implement its Through 2026 mission through the lens of the broader U.S. policy of nuclear energy making the maximum contribution (85 FR 56275) to the general welfare and encouraging widespread participation in the development and utilization of (ADAMS atomic energy for peaceful purposes to the maximum extent consistent with the common defense and Accession No. security and with the health and safety of the public.

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• Evolving Context for NRCs Mission. Failure to recognize the broader context within which NRC is regulating could hinder the nations ability to reach its carbon reduction goals. Congress has signaled 6

Number Commenter / Comment Comment Resolution Organization Source Letter dated that safe nuclear power must play a role in addressing the nations future energy needs through November 13, numerous bipartisan legislative actions. In carrying out its mission, the NRC should strive to make the 2020 (ADAMS safe use of nuclear technology possible in order to ensure that nuclear energy is available to fulfill its Accession No. needed role in the nations response to climate change.

ML20324A615) 2F Douglas E. True Federal The Strategic Plan Must Drive Real Transformation The NRC appreciates this comment and thanks you for Register Notice participating in the process. Please see the response to Nuclear Energy Development The Strategic Plan Should be Truly Transformational. Given the NRCs current focus on transforming comment 2B.

Institute of NRC's into a modern, risk-informed regulator, the next Strategic Plan should specify a bold vision for Strategic Plan organizational, cultural, and regulatory transformation. In light of the NRC staffs own acknowledgement for Fiscal of the need for transformation, simply updating the existing plan is insufficient. Rather, the NRC should Years 2022 look at this update as an opportunity to demonstrate its commitment to change.

Through 2026 (85 FR 56275) The Strategic Plan Should Reflect the Agencys Goal to be a Modern, Risk-informed Regulator. The (ADAMS Strategic Plan should serve as a foundational framework, setting forth the agencys commitment to Accession No. becoming a modern, risk-informed regulator, and drive the application of that fundamental concept by ML20221A238) those carrying out the NRCs mission during this critical period. The vision, strategies, and actions of a modern, risk-informed regulator must account for the improved use of current scientific knowledge, Letter dated understanding of technology and risk, decades of industry operating experience and sustained high-November 13, levels of safety performance attained by the U.S. industry.

2020 (ADAMS Accession No. The Strategic Plan Should Identify Elimination of Unnecessary Regulatory Burden as a Priority. The ML20324A615) NRCs statutory mandate to provide reasonable assurance of adequate protection does not and has never been interpreted to maintain obsolete regulatory approaches. It allows for the NRC to adjust requirements and expectations over time, regardless of whether this means less or more regulation.

A critical point is that the agency has the authority to determine necessary regulatory burden and should take action to remove unnecessary regulatory burden on the industry. The NRCs Strategic Plan can provide much needed clarity that eliminating unnecessary regulatory burden does not mean reducing safety.

2G Douglas E. True Federal The Goals and Objectives Provided in the Strategic Plan Must be Continuously Reinforced The NRC appreciates this comment and thanks you for Register Notice participating in the process. Please see the response to Nuclear Energy Development The NRC Should Take Bold Steps to Implement the Goals and Objectives Agencywide, Including comment 2C.

Institute of NRC's Continuous Reinforcement. We recommend that the NRCs next Strategic Plan be communicated to Strategic Plan the staff at all levels much more comprehensively than in past years to ensure that every employee for Fiscal understands that they are accountable for embracing the objectives contained in the Plan as they Years 2022 carry out their work. Progress in achieving the objectives should also be communicated publicly in Through 2026 clear and transparent manner.

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(ADAMS The Strategic Plan Should Reincorporate Goals and Objectives Related to Agency Management and Accession No. Performance. Prior to the current FY 2018-2022 Strategic Plan, the NRCs Strategic Plan contained ML20221A238) goals related to agency performance. These are worthy goals and should be reinstated. Current guidance from the Office of Management and Budget in Circular A-11, Section 230, encourages agencies to adopt Stewardship Objectives. Many of the challenges that the NRC is currently grappling Letter dated with, including transformation, modernization, becoming more risk-informed, and establishing a culture of November 13, innovation that is willing to embrace change fit well into a Stewardship Objective. The NRC Strategic 2020 (ADAMS Plan could serve as the platform to unify all of these objectives and provide an improved guidepost to Accession No. which the NRC staff can refer.

ML20324A615) 2H Douglas E. True Federal How should NRC evolve to improve implementation of its statutory mission? The NRC appreciates this comment and thanks you for Register Notice participating in the process. The NRC conducted Nuclear Energy Development Radiological safety and security must remain the NRCs focus, but during the critical period addressed benchmarking with other federal agencies in the Institute of NRC's by this Strategic Plan, it is essential that the NRC set goals and complete actions that recognize the development of the fiscal years 2022 - 2026 strategic plan.

Strategic Plan NRCs role in facilitating the deployment of safe and secure nuclear power to address our nations The NRCs evidence-building plan has numerous priority for Fiscal energy needs and carbon reduction goals. The implementation of the NRCs mission should reflect a questions associated with organizational effectiveness, Years 2022 modern, risk-informed view of what reasonable assurance of adequate protection means. demonstrating NRCs commitment to organizational Through 2026 Implementation of the NRCs mission should take into consideration how scientific, technical, effectiveness. The proposed priority questions are included (85 FR 56275) and operational knowledge has increased since many of NRC mission-based standards were in the annotated outline for the Evidence-Building Plan (ADAMS established. It should also consider how improved industry performance shapes the goals, objectives, (ADAMS Accession No. ML21165A244).

Accession No. and strategies.

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Number Commenter / Comment Comment Resolution Organization Source ML20221A238)

A survey of the current strategic plans of other federal agencies with missions or governance Letter dated structures similar to the NRC reveals interesting approaches to setting regulatory missions that November 13, explicitly recognize the need to facilitate innovation, reduce regulatory burden, and leverage 2020 (ADAMS knowledge about the regulated industry. We recommend that the NRC look closely at these different Accession No. approaches. We offer the following observations on plans that stood out in this regard:

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The Department of Transportation. The DOT has several elements of its strategic plan that are applicable to the NRC. The DOTs first Strategic Objective is to Mitigate risks and encourage infrastructure and behavior change by using a data-driven systemic safety approach to identify risks, enhance standards and programs, and evaluate effectiveness. The DOT implements this in part through evidence-based risk elimination and mitigation strategies. The DOT also has an entire Goal dedicated to Innovation. Strategic Objective under this goal is to reduc[e] barriers to innovation and actively promoting innovations that enhance the safety and performance of the Nations transportation system. The DOT implements this in part through Advanc[ing] the integration of new transportation technologies and practices into transportation systems to improve safety and performance, and Updat[ing] Departmental regulations, policies, and guidance to support deployment of advancements in technology and innovation. The DOTs strategic plan also includes an Accountability goal, including a Management Directive to Reduce current regulatory burdens and bureaucracy to ensure a safe, efficient, accessible, and convenient transportation system for people and commerce.

https://www.transportation.gov/sites/dot.gov/files/docs/mission/administrations/officepolicy/304866/dot-strategic-plan-fy2018-2022508.pdf Securities and Exchange Commission (SEC). The SECs plan contains several goals that are insightful. For example, Goal 2 is to Recognize significant developments and trends in our evolving capital markets and adjust our efforts to ensure we are effectively allocating our resources. Sub-goals include to [e]xpand market knowledge and oversight capabilities to identify, understand, analyze, and respond effectively to market developments and risks and to [i]dentify, and take steps to address, existing SEC rules and approaches that are outdated. This goal and its subcomponents align well with the NRCs efforts such as the Futures Assessment, to better understand the continuously evolving energy markets and their impact on the nuclear industry. Integration of this concept into the Strategic Plan would provide clearer direction regarding the importance of this understanding.

https://www.sec.gov/files/SEC_Strategic_Plan_FY18-FY22_FINAL_0.pdf Federal Communications Commission (FCC). The FCCs strategic plan seeks to close the digital divide through [d]evelop[ing] a regulatory environment to encourage the private sector to build, maintain, and upgrade next generation networks so that the benefits of advanced communications services are available to all Americans. The FCCs formulation of this goal is similar to what we suggested in our earlier comments regarding the connection between NRCs mission and U.S. policy on nuclear energy. https://www.fcc.gov/document/strategic-plan-2018-2022 Organizational Effectiveness. As discussed above, we recommend that the 2022-2016 Strategic Plan should contain one or more objectives related to agency performance, or Stewardship Objective. Our benchmarking revealed that such an objective is part of many other federal agencies current strategic plans, for instance, the Federal Energy Regulatory Commission, the Department of Health and Human Services, the DOT, the SEC, the FCC, and the Department of Energy.

2I Douglas E. True Federal Are NRCs licensing and inspection programs optimized to ensure reasonable assurance of adequate The NRC appreciates this comment and thanks you for Register Notice protection while at the same time allowing for innovation that is informed by the business needs of participating in the process. The proposed priority question as Nuclear Energy Development the regulated community? written was not included in the NRCs evidence-building plan Institute of NRC's that will be issued in February of 2022. However, priority Strategic Plan During the timeframe covered by the FYs 2022 - 2026 NRC Strategic Plan, the national policy interests in question number 1, How can the NRC improve licensing and for Fiscal decarbonizing the economy will continue to come into sharper focus. To this end, many U.S. utilities are oversight, based on recent operational experience (including Years 2022 making commitments or establishing goals to reduce carbon emissions. These goals depend on a mix of lessons learned from the COVID-19 public health Through 2026 energy generation, including renewable sources that are complemented by firm, dispatchable carbon-free emergency)? is focused on determining whether (85 FR 56275) energy sources in order to maintain a reliable grid. Nuclear power is uniquely suited to fill that need at a scale improvements can be made to the NRCs licensing and (ADAMS that can support rapid, broad decarbonization. Consequently, there is a growing national urgency to enable oversight process based on operational experience. The Accession No. the safe operation of existing and new nuclear. Despite the pressing need for nuclear energy to fight climate proposed priority question also considers innovation to be a ML20221A238) change and the unprecedented level of industry performance, much of the NRCs regulatory framework key element for optimizing the NRCs licensing and inspection continues to focus on driving additional, small increases in an already deep safety margin, without programs. Strategic Goal 2 of the full draft Strategic Plan for 8

Number Commenter / Comment Comment Resolution Organization Source Letter dated consideration of the fact that those modest increases may not be necessary to fulfill the agencys statutory FYs 2022-2026 discusses the agencys focus on innovation as November 13, mandate and may negatively impact achievement of the broader environmental objective of carbon reduction. we continue to foster a healthy organization.

2020 (ADAMS Accession No. Nuclear energy has and will continue to be a major source of carbon-free energy in driving toward a net zero ML20324A255) emissions by mid-century. Today, nearly 55 percent of the nations carbon-free energy comes from nuclear energy, which highlights the strategic importance of NRC ensuring a highly efficient, risk-informed, predictable and reliable subsequent license renewal process as many utilities are firming up strategies for achieving net zero emissions goals. As the nations sole licensing authority for nuclear reactors, the NRC would be well served to increase its understanding of the economic regulatory and business environment that licensees and technology developers operate within. The licensing and inspection for NRCs nuclear safety and security programs - in particular, the licensing and inspection performance goals and metrics - should be informed by insights from these business realities.

Optimizing NRC programs, policies, operations, and regulations with a better-informed understanding of the external business and economic regulatory environment would not compromise NRCs independence. As then-Chairman Burns stated in his prepared remarks to the Institute for Nuclear Power Operations Atlanta, GA, on November 3, 2015:

The NRC is often considered to be the gold standard nuclear regulator in the world, and a model of independence and technical competence. I should note that we are independent not because you are bad and we are good, but because independence is vital for our credibility; its what people trust. It gives the public confidence that we are, indeed, protecting health and safety and the environment. Thats what we all want. But I dont believe independence means isolation. I think its important that the NRC effectively communicate with and engage in meaningful dialogue with industry, the Congress, the states, nongovernmental organizations, and the public. We need to continue to communicate and recognize that safety and security is the mission of both the NRC and the plants. In that shared vision we are, to quote the book by that title, Hostages of Each Other.

2J Douglas E. True Federal What COVID-19 public health emergency lessons learned can be adapted to further The NRC appreciates this comment and thanks you for Register Notice evolve NRCs programs, policies, operations, and regulations in the post-COVID-19 participating in the process. The proposed priority question as Nuclear Energy Development regulatory paradigm while continuing to ensure reasonable assurance of adequate written was not included in the NRCs evidence-building plan Institute of NRC's protection? that will be issued in February of 2022. However, priority Strategic Plan question number 1, How can the NRC improve licensing for Fiscal In the continuing challenges arising from the ongoing COVID-19 public health emergency, both NRC and its and oversight, based on recent operational experience Years 2022 licensees have successfully managed their respective roles in ensuring the safe operation of the US nuclear (including lessons learned from the COVID-19 public health Through 2026 fleet. It appears likely that the end of the pandemic will happen gradually as efforts to develop effective emergency)? will take into consideration lessons learned (85 FR 56275) vaccines mature, but it will not be like flipping a switch. For these reasons, some of the COVID-19 adaptations from the COVID-19 public health emergency.

will continue for the foreseeable future and should be evaluated as part of the post-COVID-19 regulatory Letter dated paradigm.

November 13, 2020 (ADAMS As noted by the U.S. NRC Inspector General in OIG-20-A-16: The NRC demonstrated agile decisionmaking in Accession No. rethinking work processes to perform mission activities while using telework to protect the health and safety of ML20324A255) the workforce. The planning process considered many areas of agency operations, drawing on the agencys response experience. However, pandemic uncertainties may keep the agency in its current status for a longer term than previously envisioned. The NRC has begun a lessons-learned process by soliciting staff input for evaluation of pandemic-related policies and procedures. Documenting lessons learned from this experience could provide NRC staff valuable insight into future planning for pandemics, natural disasters, or other contingencies.

2K Douglas E. True Federal Are agency actions appropriately focused on matters of greatest safety significance? The NRC appreciates this comment and thanks you for Register Notice participating in the process. While the proposed priority Nuclear Energy Development Efforts to focus on the most important issues from a safety perspective and to risk-inform actions and question as written was not included in the NRCs evidence-Institute of NRC's priorities, applies to every aspect of the NRC mission and can provide the necessary framework to determine building plan that will be issued in February of 2022,priority Strategic Plan the level-of-effort expended on various licensing and inspection matters. The evolution to a modern, risk- question number 4: To What Extent Are Licensing Actions for Fiscal informed regulator requires a continual assessment of policies, processes and procedures to determine the Performed By The NRC Becoming More or Less Resource Years 2022 changes necessary to ensure that agency actions meet established goals in the most efficient and effective Intensive Over Time and Have There Been Any Changes In Through 2026 manner. Work Product Quality? will include an evaluation that (85 FR 56275) analyzes the level of effort of various licensing actions to (ADAMS ensure consistent risk-informed approaches are taken.

Accession No. ML20221A238) 9

Number Commenter / Comment Comment Resolution Organization Source Letter dated November 13, 2020 (ADAMS Accession No. ML20324A255) 2L Douglas E. True Federal Do the agencys regulatory policies, programs and practices appropriately balance The NRC appreciates this comment and thanks you for Register Notice safety significance and potential economic impacts on licensees? participating in the process. However, this proposed priority Nuclear Energy Development question that focuses on the NRCs backfit process was not Institute of NRC's In becoming a modern, risk-informed regulator the NRC must have the regulatory agility and included in the NRCs evidence-building plan that will be Strategic Plan flexibility in its policies, programs, and procedures to appropriately balance risk-significance with high issued in February of 2022.

for Fiscal economic burden on licenses when possible.

Years 2022 Through 2026 Faithful adherence to the NRCs backfitting requirements is essential to ensure that new or changing agency (85 FR 56275) requirements or interpretations will yield significant safety and security benefits, and that the costs associated (ADAMS with achieving those benefits are justified. Over the past four years, the agency has taken several important Accession No. actions to improve implementation of the agencys backfitting requirements. We view the staffs ongoing ML20221A238) efforts to revise NUREG-1409 and NUREG/BR0058, along with the Commissions revisions to Management Directive 8.4 as the vital capstones of those actions. As aptly stated by the staff in its proposed revisions to Letter dated NUREG-1409, Backfitting is an integral part of the regulatory process and ensures discipline, predictability, November 13, and optimal use of NRC and licensee resources. The backfitting requirements have been part of the NRCs 2020 (ADAMS regulatory framework for over 50 years. While the Commissions backfitting requirements are uniquely tailored Accession No. to the NRCs mission of regulating nuclear licensees to ensure adequate protection of the public health and ML20324A255) safety, and the common defense and security, the backfitting concept is also consistent with broader, long-standing efforts undertaken by the federal government to improve regulatory decision-making. The NRC should continue to make updating of its backfitting guidance a priority and continue efforts to train agency staff in proper application of the Commissions backfitting regulations.

More broadly, the NRCs regulatory analyses also play a vital role in ensuring that the costs and benefits of regulatory alternatives are carefully considered. The NRC should continue its efforts to revise NUREG/BR-0058 to ensure that the agencys regulatory analyses utilize high-quality information and serve as tools to prospectively inform regulatory decision-making.

The NRCs recent efforts to implement procedures to consider the safety-significance of regulatory issues in various regulatory contexts also deserve mention here. If properly developed and implemented, the NRCs very low safety significance issue resolution initiative should go a long way to ensure that NRC and industry resources are not focused on issues that are not significant from a safety standpoint. The NRC should continue to explore development and implementation of that initiative.

Two additional illustrative historic examples are founded the operating reactor cost-beneficial licensing action program (CBLAs) and Direction Setting Issue 24, Decommissioning Power Reactors.

CBLAs applied to licensing actions with low safety significance that were assigned low priority by the agency.

See NRC Press Release 95-28, which said, in part:

The program, designated Cost Beneficial Licensing Actions, is part of the NRC's continuing effort to improve regulatory oversight of licensees. Made available last year, the program places a higher priority on staff reviews of plant specific license amendment requests that reduce or eliminate requirements which have a small effect on safety but a high economic burden on licensees. In the past, license amendment requests with marginal safety significance, but high cost savings, were given the lowest priority for staff review.

The treatment of CBLAs over time has improved, but there continues to be opportunities for further improvement in todays dynamic environment for NRC licensees.

In SECY-98-258, DSI-24 Implementation: Decommissioning Licensing Actions and Priorities and Milestones for Addressing Rulemaking and Guidance Development, the staff stated that:

the staff provide[d] the Commission with an overall plan and an integrated set of milestones for addressing initiatives under development or contemplated in the decommissioning area. Further, the staff was requested to include within the plan a prioritization scheme for the various initiatives and specific timeliness goals for licensing actions for the plants in active decommissioning, the level of effort needed to implement the plan, 10

Number Commenter / Comment Comment Resolution Organization Source and to identify any policy guidance needed from the Commission to expedite licensing reviews and rulemaking. The prioritization scheme should take into account not only risk information but also cost-beneficial considerations for both the NRC and its licensees.

As the nations sole licensing authority, the agency must continue to consider not only risk significance but also balance cost considerations for NRC and its licensees.

Of course, we recognize that the NRC must impose changes considered necessary for adequate protection without consideration of cost, but so-called adequate protection requirements should be few and far between at this point in the history of the NRC and the industry. Even when matters are necessary for adequate protection, the backfit rule itself at 10 CFR 50.109 acknowledges that licensee burdens and financial impacts are a factor to be considered.

2M Douglas E. True Federal What actions are necessary to improve readiness for technology change? The NRC appreciates this comment and thanks you for Register Notice participating in the process. However, this proposed priority Nuclear Energy Development During the 2022-2026 timeframe, we expect numerous new and advanced reactor technologies to seek question was not included in the NRCs evidence-building plan Institute of NRC's licenses and design approvals. The regulatory precedents that are established during this timeframe will be that will be issued in February of 2022, because the NRC is Strategic Plan long lasting. Given that the nation would benefit greatly from the large-scale deployment of new and advanced taking the necessary actions to prepare for applications for for Fiscal reactors, achieving key goals in the areas of regulatory timeliness, cost-effectiveness and predictability during new and advanced reactor technologies. Section 103 of Years 2022 this time will greatly influence the ability of new and advanced reactors to benefit society. NEIMA mandates that the NRC develop strategies for the Through 2026 licensing of commercial advanced nuclear reactors within its (85 FR 56275) Adopting new technologies under the current regulatory framework is time consuming and expensive, such existing regulatory framework, and to complete a technology-(ADAMS that many technological advancements are never adopted because the regulatory costs far outweigh the inclusive rulemaking by the end of 2027 for the licensing of Accession No. financial benefit of the technologies. In some cases, these foregone technological advancements would have such reactors. In addition, the NRC included a significant ML20221A238) resulted in safety improvements. As an example, the NRC is still struggling with providing an efficient, timely evaluation entitled, Risk-Informed, Technology-Inclusive and predictable regulatory framework for digital I&C, nearly 20 years after the technology was first envisioned Regulatory Framework for Advanced Reactors in the NRCs Letter dated to be incorporated into nuclear power plants. FY 2022 Annual Evaluation Plan (ADAMS Accession No.

November 13, ML21053A191). The discussion in the FY 2022 Annual 2020 (ADAMS A modern, risk-informed regulator must keep pace with technological innovations and remove unnecessary Evaluation Plan describes the NRCs planned actions for Accession No. barriers to enable the safe and secure use of new technology. The NRC has a proven track record of ensuring evaluating the agencys readiness to complete a rulemaking to ML20324A255) the regulatory framework provides reasonable assurance of adequate protection of public health and safety establish a technology-inclusive regulatory framework for and promoting the common defense and security. However, the NRCs past strategies have not placed an advanced nuclear reactor technologies, and whether the NRC appropriate focus on regulatory efficiency. The result is that the current regulatory framework for new and has adequate expertise, modeling, and simulation capabilities, advanced reactors imposes requirements and expectations that go beyond what is necessary to provide or access to those capabilities to support the processing of reasonable assurance of adequate protection, and the NRCs licensing and oversight activities impose commercial advanced reactor license applications.

unnecessary schedules, costs, and risks on the regulated industry.

Current scientific knowledge and understanding of technology and risk should be combined with decades of industry operating experience to shape how the NRC understands and implements its regulatory mission.

Advanced technology presents an opportunity to greatly reduce regulatory burden. The NRC has the authority to determine necessary regulatory burden and should take action to remove unnecessary regulatory burden in the licensing of advanced designs.

3 Pamela Greenlaw September 22, So, my question is as far as being transparent and having public involvement, will you please look into adding The NRC appreciates this comment and thanks you for 2020 Public some strategies to help you all reach environmental justice communities. We have had discussions with NRC, participating in the public meeting. The NRCs evidence-building Member of the Meeting and we said, How about a post card? How about a post card of a meeting? How about setting the meetings plan that will be issued in February of 2022 will include a Public near where people live instead of on the other side of town? And so, Im seeing not insensitivity, but in the priority question on environmental justice related to the NRCs Meeting desire to be uniform and consistent, the NRC is actually not being as open as you ought to be. My question is, programs, policies, and activities. Priority question 9 states, Transcript will you consider how the public stakeholders are segmented? Because when youre looking at these as To what extent are the NRCs programs, policies, and (ADAMS professional segmentations, or whether youre looking at communities, your Environmental Justice activities addressing environmental justice? The priority Accession No. communities need a different view from you, and they need a new way for you to include them. So, Im question was included in the annotated outline for the ML20304A516) wondering if you would look at that. And I dont know if you would put that in your Learning Agenda. Probably Evidence-Building Plan (ADAMS Accession No.

I was thinking outreach, because you want to have public accountability, and we dont feel that that ML21165A244).

transparency for us is there. Certainly, there are some guidelines from the NEPA documents that you could adopt. Environmental justice communities are routinely and not deliberately by you all but they are routinely excluded from getting the notifications because youre using a system that cannot work for them.

They do not have broadband connections, telephones - telephone service is spotty. And okay, were talking not just rural South Carolina, but rural pretty much wherever these occur. And of course, Im worried about my neighbors.

11

Number Commenter / Comment Comment Resolution Organization Source 4 Pamela Greenlaw September 22, I think its still important for the strategic planning to understand how the relationship of NRC and the NNSA The NRC appreciates this comment and thanks you for 2020 Public work together as agencies. In Columbia, the Westinghouse Columbia Fuel Fabrication Facility makes the participating in the public meeting. The NRCs full draft Strategic Member of the Meeting nuclear rods. Im trying to figure out whos in charge of what. To me when you have a strategic plan and Plan for FYs 2022-2026 does not specifically address the Public youre working with other agencies it would be very useful for the public to know what that relationship is and regulatory roles of other Federal agencies. However, having a Meeting whos responsible for what. What Im asking is, is NRC including in its strategic plan the other particular clear understanding of the regulatory roles at facilities licensed by Transcript agencies with which it works? the NRC allows for meaningful public participation and (ADAMS transparency. Strategic goal 3, Inspire stakeholder confidence in Accession No. the NRC emphasizes that public confidence is key and that we ML20304A516) must communicate in clear and accessible ways. In addition, the NRCs evidence-building plan that will be issued in February of 2022 will include a priority question on stakeholder confidence.

Priority question 8 states, How can the NRC improve external engagement to inspire stakeholder confidence? The priority question was included in the annotated outline for the Evidence-Building Plan (ADAMS Accession No. ML21165A244).

5 Michael Callahan September 22, Now clearly the agency has been successful in meeting its two strategic goals and three strategic objectives. The NRC appreciates this comment and thanks you for On behalf of 2020 Public And you should be congratulated. We do extend congratulations and great appreciation of the efforts in all of participating in the public meeting. The NRCs safety and security Wayne Norton, Meeting the Commission to achieve such a high degree of safety and security. We use the current strategic plan as a strategic goals remain in the full draft Strategic Plan for FYs 2022-Executive template to develop some suggestions in specific areas. We see little need for major changes to the strategic 2026, but the safety and security goals have been combined into Spokesperson of Meeting goals or the strategic objectives. But here are some suggestions for the safety strategies that underpin these. one strategic goal; Safety and Security Goal 1, Ensure the safe the Transcript Regarding safety strategy number 2 which is to further risk inform the current regulatory framework, etcetera, and secure use of radioactive materials. This goal includes a Decommissioning (ADAMS the three Yankees and the Decommissioning Plant Coalition, weve consistently supported efforts to risk strategy similar to safety strategy 2 included in the Strategic Plan Plant Coalition, Accession No. inform regulations regarding the safe and secure management of spent fuel especially given the dramatic for FYs 2018-2022. However, the supporting discussion for this and President and ML20304A516) reduction at risk that occurs at sites when they permanently shut down. Clearly the agency has interacted strategy in the full draft Strategic Plan for FYs 2022-2026 CEO of with stakeholders over the last five-year strategic plan to affect some changes. But given that risk reduction recognizes that the NRC must continue to improve the Connecticut that does occur once the fuel is cooled, once all the fuel at the site is loaded in the dry casts, we suggest the effectiveness and efficiency of its safety and security regulatory Yankee and strategy recognizing that there should be an acceleration of the regulatory changes in this specific area. The framework.

Yankee Rowe, decades of safe and secure experience of fuel storage are indicators that support this effort. Now, the and the CNO of Strategic Plan should acknowledge that aspect of the risk informing as part of the specific safety strategy and Maine Yankee. its underlying contributing activities. Safe and secure transportation should also continue to be recognized as a contributing activity for safety strategy 2. We would hope that the NRC will expand its efforts to ensure that it engages with potential licensees, other governmental and non-governmental organization stakeholders as discussions on how the nation can move forward with spent fuel management initiatives continue.

6 Michael Callahan September 22, With respect to Safety Strategy 4, Maintain effective and consistent oversight of licensee The NRC appreciates this comment and thanks you for On behalf of 2020 Public performance with a focus on the most safety-significant issues, remote inspections at decommissioning sites participating in the public meeting. The NRCs evidence-building Wayne Norton, Meeting and at standalone facilities have proven to be quite valuable during the COVID pandemic. Continued use of plan that will be issued in February of 2022 will include a Executive such inspections should at least be a part of the contributing activities portion of the Safety Strategy. But priority question related to improving licensing and oversight Spokesperson of Meeting please recognize there needs to be a balance between remote inspection and regional and headquarters based on recent operational experience and lessons learned the Transcript inspectors, managers, and executives on-the-ground familiarity with permanently shut-down sites. As they from the COVID-19 public health emergency. Priority question Decommissioning (ADAMS reach or will reach ISFSI-only status. Feet-on-the-ground familiarity with these facilities is an important part of 1 states, How can the NRC improve licensing and oversight, Plant Coalition, Accession No. the regulators recognition of the very low risk profile of these facilities. based on recent operational experience (including lessons and President and ML20304A516) learned from the COVID-19 public health emergency)? The CEO of priority question was included in the annotated outline for the Connecticut Evidence-Building Plan (ADAMS Accession No.

Yankee and ML21165A244).

Yankee Rowe, and the CNO of Maine Yankee.

7 John Butler September 22, Looking through the current strategic plan, there doesnt seem to be as much impetus on efficiency and The NRC appreciates this comment and thanks you for 2020 Public effectiveness as I would like to see in the next Strategic Plan. Its in there, but its been delegated to participating in the public meeting. The supporting discussion Nuclear Energy Meeting Contributing Activities. With NRCs current focus on transformation and, you know, to be consistent with the associated with Safety and Security Objectives 2 and 3 included Institute principle of good regulation, I would ask that you consider enhancing the visibility or the importance of in the full draft Strategic Plan for FYs 2022-2026 enhance the Meeting effectiveness and efficiency, and doing so, I think youd have an easier way to bring in some of the visibility and importance of effectiveness and efficiency.

Transcript transformation activities that are underway. Thank you.

(ADAMS Accession No. ML20304A516) 12

Number Commenter / Comment Comment Resolution Organization Source 8 John Butler September 22, I wanted to point out that with the license applications for new designs expected due to the Advanced Reactor The NRC appreciates this comment and thanks you for 2020 Public Demonstration Program, I would ask you to consider the contributing activities Strategic Plan should hopefully participating in the public meeting. The full draft Strategic Plan for Nuclear Energy Meeting emphasize streamlined safety and risk-informed design reviews. I would point you to the SRM where the FYs 2022-2026 includes multiple references to using a risk-Institute Commission directed that the staff apply risk-informed principles when prescriptive applications and criteria is informed approach to decision making approaches. In addition, Meeting unnecessary and to provide for reasonable assurance of adequate protection. That was a clear direction that as stated in the response to comment number 7, additional Transcript we would love to see reflected in the Strategic Plan. enhancements to the visibility and importance surrounding (ADAMS effectiveness and efficiency have been incorporated.

Accession No. ML20304A516) 9 John Butler September 22, The NRCs Futures Assessment really highlighted the impact of a dynamic environment. This industry, of the The NRC appreciates this comment and thanks you for 2020 Public industry, that plays both on the industry and NRC operations. I would ask you to consider that the Strategic participating in the public meeting. While the full draft Strategic Nuclear Energy Meeting Plan should include specific objectives that consider this dynamic environment and its effect on both the Plan for FYs 2022-2026 does not include objectives that Institute manner and the means by which NRC goals are achieved. I know thats a difficult challenge, but the Futures specifically consider the dynamic environment discussed in the Meeting Assessment was an important document, and it does need to be reflected in the Strategic Plan. NRCs Futures Assessment. The NRC uses data and information Transcript from varying sources to develop an Agency Environmental Scan (ADAMS on an annual basis. The environmental scan is intended to Accession No. provide a better understanding of the potential influences that may ML20304A516) affect the NRCs future environment and capacity to accomplish the mission.

10 Jason Zorn September 22, The current Strategic Plan for 18-to-22 has a lot of positive language in it with all its improvements from the The NRC appreciates this comment and thanks you for 2020 Public previous Plan. For instance, in Strategic Strategy 1, the Commission recognized that things like lessons participating in the public meeting. The full draft Strategic Plan for Exelon Nuclear Meeting learned, advances in technology, et cetera, have to be considered when looking at the NRCs regulatory FYs 2022-2026 continues to recognize lessons learned, advances programs. Those were great developments. The question is, how would you further expand notions that Ill in technology, and operating experience. The NRCs evidence-Meeting get into here in a second such as, operating experience or industry performance? How can that, or should building plan that will be issued in February of 2022 will include a Transcript that be reflected in the objectives or the strategies or the contributing factors to make it clearer that these are priority question related to improving licensing and oversight (ADAMS the types of considerations a staff should be looking at when its making adequate protection determinations. based on recent operational experience and lessons learned from Accession No. the COVID-19 public health emergency. Priority question 1 ML20304A516) Yes, as you know, reasonable assurance of adequate protection is not a zero-risk formula, and yes, theres a states, How can the NRC improve licensing and oversight, based lot of contributing factors that go into that determination, even though adequate protection has never been on recent operational experience (including lessons learned from defined by the Commission. Getting back to my question, its how do things like operating experience or the COVID-19 public health emergency)? The priority question industry performance over the last, 60 years of the fleet, how could they be factored into these - into the was included in the annotated outline for the Evidence-Building objectives or the strategies or the contributing factors? Plan (ADAMS Accession No. ML21165A244). The priority questions included in the evidence-building plan help the agency Second part of that question/comment is I would say that Safety Strategies 1 and 2, have a lot of good focus, drive planning activities, and prioritize the most impactful language in it, that towards that end, but its not really reflected in Safety Strategy 4 like in the oversight. improvements to agency programs, policies, and regulations by There is some mention in the strategy about focusing on the most safe and significant issues, but the using evidence to make informed decisions.

contributing factors dont seem to reflect any of those considerations like as you see in Strategy 1 and 2.

11 John Butler September 22, I do want to point out that and this was pointed out in the futures assessment that the industry and by The NRC appreciates this comment and thanks you for 2020 Public extension the NRC is at a crossroads of change. We have industry performance at an all-time high, but participating in the public meeting. The full draft Strategic Plan for Nuclear Energy Meeting market forces are challenging the continued operation of many of our power stations. The nations need for FYs 2022-2026 provides a continued focus on the agencys Institute new plants is now, but we're faced with significant burdens in the licensing of these new designs. All this transformation initiative to ensure the NRC is prepared to Meeting points to a need to assess whether the extent in the rate of change may address currently by NRCs new overcome a future that may include a dynamic environment.

Transcript transformation is going to be sufficient to meet the needs of both the agency and the industry. So I would ask (ADAMS you to consider the priorities that I'm raising here and in your continued development of the strategic plan.

Accession No. ML20304A516) 12 John Butler September 22, I wanted to at least comment a little bit about the improvements on evidence building. I thought this was a The NRC appreciates this comment and thanks you for 2020 Public very good question as enforceable area for commenting here so Ill just kind of address a couple of quick participating in the public meeting. Data analytics can provide Nuclear Energy Meeting points. But during the recent mission briefing on transformation I was very impressed with the discussion on valuable insights when assessing the future and the past. While Institute the current efforts on data analytics and these are in my mind very valuable, but they appear to be focused on compiling data that could be readily used for data analytics from Meeting the precedent with an intention to assess the future. In my mind it would be very valuable to perform some licensing reviews performed 20 to 40 years ago would be a Transcript data analysis on past performance of both the industry and the NRC. As an example, you know, how does significant undertaking. The NRC does see value in learning (ADAMS the licensing of new plants today compare with the reviews that were performed 20 to 40 years ago? You from the past to understand the future as stated in your comment.

Accession No. know, what can NRC learn from the reviews of yesterday that were applied to designs that arent as simple as The NRCs evidence-building plan that will be issued in ML20304A516) the current designs and arent as safe as the current designs that are being proposed? So that type of February of 2022 will include a priority question focused on comparison I think would be very informative. Another example might be the ROP was developed 20 years whether licensing actions are becoming more or less resource ago with a recognition that the industry performance at that time had significantly improved. How has the intensive overtime and have there been changes in work 13

Number Commenter / Comment Comment Resolution Organization Source industry performance changed since the start of the ROP and how should this improved performance since product quality. Priority question 4 states, To what extent are that time be reflected in the NRC processes and procedures? So that backward-looking data analytics I think licensing actions performed by the NRC becoming more or would be very helpful allowing us to kind of learn from the past as we step forward in the future. less resource intensive over time and have there been any changes in work product quality? The priority question was included in the annotated outline for the Evidence-Building Plan (ADAMS Accession No. ML21165A244). As previously mentioned, compiling sufficient data for licensing reviews from 20 to 40 years ago may not be feasible, a qualitative assessment may be feasible when comparing changes in work product quality.

The NRC will further consider the benefits of assessing these historic documents when answering this priority question in the future.

13 Jason Zorn September 22, This is a question about implementation of the strategy over the long term. I dont think historically a strategic The NRC appreciates this comment and thanks you for 2020 Public plan has been something that gets rolled out on a frequent basis by the staff. There is usually a lot of participating in the public meeting. Please see the response to Exelon Nuclear Meeting references to the principles of good regulation and agency mission, but you rarely hear anybody talk in terms comment 2C.

of how a particular action is reflective of any of these strategic objectives. So I guess the question is, is there Meeting a way to provide more visibility to the next strategic plan in terms of making it clear throughout the staff Transcript because, you know, the commission obviously approves these objectives. So it should reflect the (ADAMS commissions view on a lot of these issues. But so are there more frequent references to the plan? Is there a Accession No. way to get that more incorporated into the vernacular or the daily work of the staff?

ML20304A516) 14 Jason Zorn June 28, 2021 Question about the Key External Factors document. I know that NEI's, you know, letters to the NRC and the The NRC appreciates this comment and thanks you for Public Meeting draft to their plan, and in Doug's comments earlier, you know, there's a mention about climate change. And participating in the public meeting. Pease see the response to Exelon Nuclear it's - you know, I would note that the key external factors doesn't really get into climate change, at least not at comment number 1.

Meeting a high-level. You know it recognizes a couple of references in it about an impact on energy infrastructure.

Transcript But it seems that given the significance of the issue as a national priority and a policy level under the Biden (ADAMS Administration that acknowledging climate change and the importance of nuclear towards climate change Accession No. would be at least referenced in these key external factors. And, you know, I recognize that the NRC, you ML21215A125) know, has a position about, you know, its ability to regulate - it's a safety regulator and a regulator for safety in nuclear power plants. But at the same time, the key external factors don't seem to be limited to factors that are under the NRC's control. In fact, they seem to be largely outside of the NRC's control. So I would just -

it's I guess a question in a comment about, you know, taking another look at that through that lens of, you know, whether or not the NRC has any specific role in that, it's still is an external factor that is taken on a significantly higher weight in, you know, the last few years. So I guess my question would be, is there a reason - was that considered and not included in the key external factors? Was it not considered at all? And if not, you know, could you - do you think it's worth considering?

15 Mike Callahan June 28, 2021 Particularly in your external factors, I think there's a gap that may be missing in terms of the changing The NRC appreciates this comment and thanks you for on behalf of Public Meeting landscape of materials, licensees in general in the NRC. Number one, you're accumulating more participating in the public meeting. At a high level, the key Wayne Norton decommissioning nuclear power plants. Number two, you could well be up to 41 agreement states that will external factors included in Appendix A do consider influences to and the Meeting now be responsible for regulating material usages other than decommissioning and spent fuel storage and the operating costs as well as factors that can affect NRC operating Decommissioning Transcript like. The rub here comes in that as time goes on and as far as the current operating fleet shuts down, there budgets such as the number of power reactors entering Plant Coalition (ADAMS needs to be some measurement, an alert, a measure of being alert to the amount of time and effort the decommissioning. As discussed in the response to comment Accession No. remaining materials' licensees are going to have to devote. And it eventually, too, gets around to fees as the number 9, the NRC will continue to assess the future environment ML21215A125) materials base shrinks, as the reactor base shrinks. And I'm going to be very supportive in that the current as part the Agency Environmental Scan, which takes into reactor fee not being levied on the advanced reactors as they come out, I'll be very supportive of that. But it is consideration the number of materials sites and decommissioning

- makes it imperative that risk informing and efficiency take hold at the NRC. So that's just a gap I identify in sites.

your external factors and is that there's a shrinking number of materials' licensees that either generate the amount of revenue in the case of decommissioning plants they - sites they don't generate revenue. And a shrinking number of materials' licenses can be impacted a lot if - by the increase in fees that would be levied on them if you're not paying attention to this as an external factor.

16 Jason Zorn June 28, 2021 And one very quick final comment is just going back to the climate change discussion. I know the NRC had an The NRC appreciates this comment and thanks you for Public Meeting independent assessment done a few years ago. I think it was 20 - completed in 2016 or '17, the, you know, participating in the public meeting. Please see the response to Exelon Nuclear so-called (unintelligible) Assessment. And there's a very specific acknowledgment or recognition of the comment 1.

Meeting impacts, you know, climate change has on the future of the nuclear industry in that which, you know, again, I Transcript would just direct your attention to that in terms of looking at the Strategic Plan, because there is an (ADAMS acknowledgment that, you know, as Doug said, it has an - it externally exists. Does - and it will impact the Accession No. NRC. Whether or not it affects specifically how the NRC goes about its business is a different question.

ML21215A125) Thank you.

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