ML18086B195
| ML18086B195 | |
| Person / Time | |
|---|---|
| Issue date: | 03/29/2018 |
| From: | Meena Khanna Office of Nuclear Material Safety and Safeguards |
| To: | |
| B WATSON | |
| Shared Package | |
| ML18086B191 | List: |
| References | |
| Download: ML18086B195 (9) | |
Text
Update on the Decommissioning Rulemaking Meena K. Khanna Chief, Reactors Rulemaking and Project Management Branch Office of Nuclear Material Safety and Safeguards
Recent and Planned Reactor Shutdowns
- Six power reactors shut down since 2012
- Eight announced plans to shut down between 2018-2025
- Potential for additional shutdowns is uncertain
- Factors affecting licensees decisions:
- Long-term availability of less expensive power
- Increasing plant modification, maintenance, and repair costs
- Requests for license amendments and regulatory exemptions
- NRC staff issued a Lessons Learned Report (ML16085A029)
Lessons Learned
- Early engagement between licensees and NRC can provide substantial benefits.
- Licensees should start preplanning before permanent cessation of operations and submit licensing actions well ahead of need dates.
- Appropriate use of established precedent can expedite NRC staff review.
- Public and intergovernmental outreach can result in a smoother transition.
- Rulemaking can provide a more efficient, open, and predictable process than plant-specific licensing actions.
Commission Direction
- In SRM-SECY-14-0118, the Commission directed staff to address the following issues in the rulemaking:
- Graded approach to emergency preparedness
- Lessons learned from recently shutdown plants
- NRC approval of post-shutdown decommissioning activities report
- Maintaining three existing decommissioning options and associated timeframes
- Role of State and local governments and non-governmental stakeholders in the decommissioning process
- Other issues deemed relevant by staff
Rulemaking Activities
- Advance Notice of Proposed Rulemaking was issued for comment in November 2015
- Draft Regulatory Basis (RB) was issued for comment in March 2017
- 82 FR 13778; ADAMS Accession No. ML17047A413
- 82 FR 21481; ADAMS Accession No. ML16271A511
- Staff held a public meeting in May 2017
- RB was issued in November 2017
- 82 FR 55954; ADAMS Accession No. ML17215A010
- 83 FR 5373; ADAMS Accession No. ML17332A075
Regulatory Basis Conclusions
- The NRC staff recommended that there is sufficient justification to proceed with rulemaking in the following areas:
- Physical security
- Cybersecurity
- Drug and alcohol testing
- Training requirements for certified fuel handlers
- Decommissioning trust funds
- Financial protection requirements and indemnity agreements (onsite/offsite insurance)
- Application of the backfit rule
Regulatory Basis Conclusions, Contd.
- The NRC staff recommended addressing some topics via updated guidance or inspection procedures in lieu of rulemaking. These topics include:
- Minimum staffing
- Post-shutdown Decommissioning Activities Report submittals
- The role of State and local governments in the decommissioning process
- Aging management of certain plant systems, structures and components
Permanent Cessation Docketing of of Operations
§ 50.82/§ 52.110 All Fuel in ISFSI All Fuel Offsite GRADED Certifications
+ 10 Months (BWR) or 16 Months (PWR)
APPROACH LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 Emergency Permanently Defueled ISFSI Only Permanent or Interim Preparedness Post Shutdown Emergency Plan Emergency Plan Waste Storage Emergency Plan (PDEP) (IOEP) Available (PSEP)
Can make certain Physical Security physical security plan Can transition from changes without prior §73.55 to §73.51 requirements approval Removal of Cybersecurity cybersecurity requirements Onsite/Offsite Reduction of onsite insurance to $50 million Insurance Reduction of offsite insurance to $100 million
Path Forward
- Proposed Rule/Draft Regulatory Guidance
- Provide to Commission in May 2018
- Public meeting will be held after Proposed Rule and Draft Regulatory Guidance are issued for public comment
- Draft Final Rule/Final Regulatory Guidance
- Provide to the Commission in Fall 2019
- Public meeting will be held to discuss implementation of the rule prior to delivering rule to the Commission for vote