ML21187A097

Late Filed Allegations (Lfa) Process

ML21187A097
Person / Time
Site:	Vogtle
Issue date:	07/08/2021
From:	Southern Nuclear Operating Co
To:	Division Reactor Projects II
References
Download: ML21187A097 (9)

Text

Andrea Johnson Construction Project Manager Division of Construction Oversight (DCO) Vogtle 3 & 4 Late-Filed Vogtle Units 3&4 Allegations (LFA) Process Cynthia Taylor Senior Construction Inspector (DCO)

Vogtle Units 3&4 Public Meeting Nicole Coovert Branch Chief (DCO)

July 8, 2021 Vogtle Units 3&4

Agenda

• Why is there a Late Filed Allegation process for Vogtle Units 3 and 4

• NRC Policy

• Late Filed Allegation (LFA) Process

• Example LFA scenario

• Confidentiality and ID protection

• References

• Questions?

Vogtle Units 3 A significant Leading up to a NRC revised its and 4 are milestone in this 52.103(g) policies and expected to be process is the finding, NRC guidance Why the first 10 CFR approval to load may receive anticipating Part 52 licensed fuel, commonly allegations that Late-Filed and constructed referred to as would need allegations and plants the 52.103(g) expedited associated finding actions to impacts on evaluate impacts decisions such as to a 52.103(g) the 52.103(g) finding finding

NRC Policy

• Ideally, all allegations concerning a particular facility will be resolved before a license is issued or operation authorized.

• However, if all allegations cannot be resolved in a timeframe consistent with reasonable and responsible NRC action because of the number or timing of allegations, it may be necessary to prioritize the resolution of allegations.

• In such cases, the staff will conduct a screening of the allegations to determine their significance to safety and their priority relative to the activity to be authorized.

Late Filed Allegation Process The staff will:

• Determine whether the information presented is new, i.e., it was not previously considered or supports a previously received but not yet resolved allegation;

• Determine whether, if true, the allegations are material to the 52.103(g) finding.

Allegations that are not material may be evaluated independently from the 52.103(g) finding;

• For new, material allegations, the NRC must determine whether it can make the 52.103(g) finding after considering the likelihood that the allegation is correct, potential safety or other significance, and the public interest in avoiding undue delay; and

• Prioritize consideration of allegations based on their potential impact on safety.

In some cases, information already available to the NRC may be sufficient to resolve certain allegations .

Example Scenario Expedited timeframe Expedited Staff Licensee Actions (prior to 52.103(g) Actions decision)

• NRC Headquarters

• NRC HOO notifies RII

• Licensee may be Operations Officer (HOO)

• RII/DCO determines if it impacts the requested to take receives an allegation on 52.103(g) decision expedited actions to a Saturday night 2 days respond to RFI

• Emergency ARB convened before anticipated

• In certain cases where an 52.103(g) determination

• Expedited actions including Request for immediate response is Information (RFI) requested, the response

• Verbal RFI provided to licensee with may come in phases expedited response timeframe commensurate to the issue, with written RFI to follow

Confidentiality and Identity Protection Commission Policy Statement on Confidentiality :

Agencywide policy on protecting the identity of allegers and confidential sources, including allegers who are granted confidential source status. Protecting the identities of confidential sources is a significant factor in ensuring the voluntary flow of information.

Allegations Manual:

• 4.1.b Allegation Program Identity Protection Policy: NRC will take all reasonable efforts not to disclose an allegers identity to anyone outside the NRC. Within the NRC, identities are revealed only to those with a need to know.

• NRC practice is to neither confirm nor deny to a licensee or the public that an individual is an alleger unless disclosure is compelled.

• 4.2 Limitations on Alleger Identity Protection, e.g. circumstances that may require NRC to disclose an allegers identity.

References

• NRC Management Directive 8.8: https://www.nrc.gov/docs/ML1807/ML18073A206.pdf

• NRC Allegations Manual: https://www.nrc.gov/docs/ML1700/ML17003A227.pdf

• Federal Register, Vol 50 No. 53, March 19, 1983 Statement of Policy: Handling of Late Allegations

• Vogtle Unit 3 information website https://www.nrc.gov/reactors/new-reactors/col-holder/vog3.html

• Vogtle Unit 4 information website https://www.nrc.gov/reactors/new-reactors/col-holder/vog4.html

• NRC Public Involvement website https://www.nrc.gov/public-involve.html

QUESTIONS