ML21049A044
| ML21049A044 | |
| Person / Time | |
|---|---|
| Issue date: | 03/02/2021 |
| From: | Coyne K NRC/NMSS/DREFS |
| To: | Young D Nuclear Energy Institute |
| Andrukat D | |
| Shared Package | |
| ML21049A029 | List: |
| References | |
| NEI 20-05, NRC-2017-0090, RIN 3150-AK04 | |
| Download: ML21049A044 (3) | |
Text
March 2, 2021 Mr. David Young, Technical Advisor Nuclear Security & Incident Preparedness Nuclear Energy Institute 1201 F Street, NW, Suite 1100 Washington, DC 20004
SUBJECT:
NRC REVIEW OF NUCLEAR ENERGY INSTITUTE 20-05, METHODOLOGICAL APPROACH AND CONSIDERATIONS FOR A TECHNICAL ANALYSIS TO DEMONSTRATE COMPLIANCE WITH THE PERFORMANCE CRITERIA OF 10 CFR 73.55(A)(7), DRAFT B.
Dear Mr. Young:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), we are responding to the Nuclear Energy Institutes (NEIs) email dated April 13, 2020, that submitted to the NRC staff for review Draft B of NEI 20-05, Methodological Approach and Considerations for a Technical Analysis to Demonstrate Compliance with the Performance Criteria of 10 CFR 73.55(a)(7) (Agencywide Documents Access and Management System Accession No. ML20107D894). We appreciate the NEIs efforts to develop this initial draft of NEI 20-05 to support the Alternative Physical Security Requirements for Advanced Reactors rulemaking (Docket ID NRC-2017-0227).
NEI 20-05 provides guidance for performing a technical analysis to demonstrate that a nuclear power reactor applicant would be eligible for voluntary, performance-based alternatives to certain physical security requirements contained in Title 10 of the Code of Federal Regulations (10 CFR) 73.55, Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage. In 2020, the NRC staff focused its efforts on enhancing the scope of the proposed rule and developing preliminary proposed rule language to address several topics raised by stakeholders, including the NEI. The NRC last issued preliminary proposed rule language for this rulemaking on September 14, 2020 (85 FR 56548).
As expected for an initial draft document, the NRC found that NEI 20-05 needs to include additional information to ensure that it provides reasonably complete and sufficient guidance on acceptable methods for performing the technical analyses necessary to demonstrate that the proposed consequence-based eligibility criteria contained in the preliminary proposed rule are met.
The inclusion of guidance addressing the areas detailed in the enclosures to this letter will ensure that acceptable guidance is established for applicants and licensees choosing to implement the preliminary proposed rules alternative physical security requirements using NEI 20-05. The NRC notes that additional guidance may be helpful, especially for applicants for non-light-water reactors (non-LWRs), to support the guidance in NEI 20-05 (e.g., on the establishment of target sets). Furthermore, other supporting guidance is under development but has not yet been endorsed by the NRC (e.g., the non-LWR PRA standard). Lack of final
D. Young 2 guidance in some areas may necessitate more detail from early applicants wishing to take advantage of the alternatives in this proposed rulemaking.
Please review the enclosed comments suggesting revisions to the guidance in NEI 20-05. If the NEI decides to submit a revised version of NEI 20-05 addressing these comments, the NRC will review the revised document and determine if it is acceptable for use by NRC licensees and applicants. If the NRC finds the revised NEI 20-05 acceptable for use, the staff plans to endorse NEI 20-05 in draft regulatory guide DG-1365, Guidance for Alternative Physical Security Requirements for SMRs and Non-LWRs, which is currently under development.
If you have any questions, please contact Dennis Andrukat at (301) 415-3561 or by sending an email to Dennis.Andrukat@nrc.gov. For more information and access to additional rulemaking documents, go to https://www.regulations.gov and search for Docket ID NRC-2017-0227 Sincerely, Kevin A. Digitally signed by Kevin A.
Coyne Coyne Date: 2021.03.02 18:24:10
-05'00' Kevin A. Coyne, Acting Director Division of Rulemaking, Environmental, and Financial Support
Enclosures:
- 1. February 2021 NRC comments on NEI 20-05, Draft B
- 2. February 2021 NRC markup of NEI 20-05, Draft B
D. Young 3
SUBJECT:
NRC REVIEW OF NUCLEAR ENERGY INSTITUTE 20-05, METHODOLOGICAL APPROACH AND CONSIDERATIONS FOR A TECHNICAL ANALYSIS TO DEMONSTRATE COMPLIANCE WITH THE PERFORMANCE CRITERIA OF 10 CFR 73.55(A)(7), DRAFT B, DATED: MARCH 2, 2021 DISTRIBUTION:
Public RidsNmssRefs RidsNrrDanu RidsNsirDpcp RidsOgcMailCenter ADAMS Accession Number.: ML21049A029 (Pkg) *via e-mail OFFICE NMSS/DRM/RRPB NMSS/REFS/RRPB/RS* OGC* (fatal flaw) Tech Editor*
NAME DAndrukat GLappert NMertz JDougherty DATE 02/12/2021 02/18/2021 02/18/2021 02/19/2021 OFFICE NSIR/DPCP/DD* NRR/DANU/DD* NMSS/REFS/DD*
NAME SHelton MShams KCoyne DATE 02/26/2021 02/26/2021 03/02/2021 OFFICIAL RECORD COPY