Text

Supplement to Integrated Schedule March - June 2021
	ML21161A281
Person / Time
Issue date:	06/10/2021
From:	Osiris Siurano-Perez; Office of Nuclear Material Safety and Safeguards
To:	;
	Siurano-Perez O
References
	NRC-2017-0159, PRM-30-66
	Download: ML21161A281 (21)
	v • d • e

Supplement to Fuel Cycle Program Integrated Schedule June 10, 2021 This supplement provides a public version of the purpose, brief overview, and background documentation available for the regulatory activities being tracked on the Fuel Cycle Cumulative Effects of Regulation Integrated Schedule. Links to the background documents have been included where possible.

Table of Contents RULEMAKINGS ............................................................................................................................2 Part 61: Low-Level Radioactive Waste Disposal ......................................................................2 Part 73: Discontinuation of Rulemaking - Enhanced Security of SNM....................................3 Part 73 - Enhanced Weapons, Firearms Background Checks, and Security Event Notifications .................................................................................................................................4 Part 73: Proposed Rule - Cybersecurity at Fuel Cycle Facilities (RIN 3150-AJ64; NRC-2015-0179) .............................................................................................................................................6 Decommissioning Financial Assurance for Sealed and Unsealed Radioactive Material (PRM-30-66; NRC-2017-0159) ................................................................................................................8 Alternatives to the Use of Credit Ratings (RIN 3150-AJ92) .......................................................9 Categorical Exclusions from Environmental Review ..............................................................10 Rulemaking Plan - Transforming the NRC Environmental Review Process .......................... 11 Path Forward and Recommendations for Certain Low-Level Radioactive Waste Disposal Rulemakings ..............................................................................................................................12 Proposed Rule: Harmonization of Transportation Safety Requirements with International Atomic Energy Agency Standards (RIN 3150-AJ85; NRC-2016-0179) - Part 71 ..................... 13 OTHER ACTIVITIES....................................................................................................................14 ANS 57.11 - Integrated Safety Assessment Standard .............................................................14 Regulatory Information Conference .........................................................................................15 Development of a Smarter Fuel Cycle Licensing Program .....................................................16 Smarter Fuel Cycle Inspection Program ..................................................................................18 NUREG-2159 Revision - Material Control & Accounting Guidance for Special Nuclear Material of Moderate Strategic Significance ............................................................................20 Low Safety Significance Issues (LSSI) .....................................................................................21 1

RULEMAKINGS 0BPart 61: Low-Level Radioactive Waste Disposal Key Contact Irene Wu (301-415-1591)

Rulemaking for a site-specific analysis or performance assessment for the Purpose disposal of depleted uranium and other long-lived isotopes in a near-surface disposal facility.

In SECY-20-0098, the NRC staff recommended to the Commission that this rulemaking and the rulemaking to promulgate requirements for the near-surface disposal of greater-than-Class C (GTCC) waste (GTCC waste Key rulemaking) be consolidated and integrated into one proposed rule as these Information two rulemaking efforts would both amend 10 CFR Part 61 and have related proposed requirements. The recommendation to consolidate is based on based on expected cost savings, consideration of stakeholder input, and efficiencies.

SECY-20-0098 (ML20143A165)

Related Documents

See Path Forward and Recommendations for Certain Low-Level Radioactive Waste Disposal Rulemakings below Meeting

None scheduled.

Information 2

1BPart 73: Discontinuation of Rulemaking - Enhanced Security of SNM Key Contact Irene Wu (301-415-1951) and Tim Harris (301-287-3594).

Codify the post 9/11 security orders within Title 10 of the Code of Federal Purpose Regulations (10 CFR) Part 73 that govern the security for special nuclear material at fixed sites.

Make generically applicable security requirements similar to those imposed by security orders issued following the terrorist attacks of September 11, 2001.

Improve consistency and clarity.

Use a risk-informed and performance-based structure.

In April 2016, the Commission directed the NRC staff to suspend efforts on the Enhanced Security of SNM rulemaking. In August 2018, the Commission Key directed the staff to resume rulemaking with the exclusive scope of codifying Information the post 9/11 security orders.

The NRC published the draft regulatory basis on March 1, 2019, for public comment with a closing date of April 19, 2019.

Twelve comments were received from the public on the draft regulatory basis.

Staff provided recommendations to discontinue the rulemaking to the Commission in SECY-19-0095 (released to the public on October 17, 2019).

"Security-Related Rulemaking to Update 10 CFR Parts 73 and 26" http://www.nrc.gov/security/domestic/phys-protect/reg-initiatives/10cfr73.html.

SRM-SECY-09-0123 - "Material Categorization and Future Fuel Cycle Facility Security-Related Rulemaking," dated July 8, 2010 (ML101890711).

SRM-COMSECY-05-0058 - "Schedule and Resources for Security Rulemakings," dated November 16, 2005.

Part 73: Final Regulatory Basis (ML14321A007). The notice was published on Related April 22, 2015.

Documents

Scope reduced to codifying post-9/11 security orders (see SRM-COMKLS 003).

Drafted Revised Regulatory Basis was published in the Federal Register (84 FR 6980) on March 1, 2019 for public comment. Comment period closed April 19, 2019.

SECY-19-0095 - Discontinuation of Rulemaking - Enhanced Security of Special Nuclear Material, released to the public on Oct 17, 2019.

Meeting

None scheduled.

Information 3

2BPart 73 - Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Martha Barillas (301-415-2760), Phil Brockman (301-287-3691), and Kevin Key Contact Ramsey (301-415-7506).

This rulemaking will: (1) implement NRC's authority under the new section 161A of the Atomic Energy Act of 1954 (AEA), as amended, for access to enhanced weapons and associated firearms background checks; (2) modify physical security Purpose event notifications; add requirements for reporting suspicious activities at power reactor facilities, reactor Independent Spent Fuel Storage Installations, and Category I strategic special nuclear materials facilities.

These proposed regulations are consistent with the provisions of the Firearms Guidelines the NRC published under section 161A with the approval of the U.S.

Attorney General on June 25, 2014 (79 FR 36100).

The final rule was sent to the Commission in May 2018.

Key

On May 30, 2019, the staff conducted a public meeting to discuss the proposed Information draft final rule text with the public and stakeholders (ML19140A097).

On February 4, 2020, the staff sent a supplemental Commission paper to the Commission that revises the draft final rule and supporting documents (ML16264A000).

Proposed rule in the Federal Register (71 FR 62664), to implement the Firearms Guidelines as part of the larger proposed power reactor security rule.

SRM-SECY-10-0085, Proposed Rule: Enhanced Weapons, Firearms Background Checks and Security Event Notifications (RIN: 3150-AI49), dated October 19, 2010 (ML102920342).

The NRC published the proposed enhanced weapons rule in the Federal Register (76 FR 6200) for public comment on February 3, 2011.

The NRC published the first supplemental proposed rule (78 FR 2214) to add at reactor independent spent fuel storage installation facilities as a class of designated facilities under Title 10 of the Code of Federal Regulations (10 CFR) 73.18(c), that would be eligible to apply for Section 161A authority.

SRM SECY-12-0125, dated November 21, 2012 (ML12326A653), the Commission directed the NRC staff to revise the Firearms Guidelines accordingly and to publish a supplemental proposed enhanced weapons rule for Related public comment.

Documents

On June 25, 2014, the NRC published the revised Firearms Guidelines in the Federal Register (79 FR 36100).

On September 22, 2015, the NRC published a second supplemental proposed rule (80 FR 57106), to conform the rulemaking with the 2014 Firearms Guidelines, which is in accordance with the Commissions direction in SRM-SECY-12-0125.

On May 22, 2018, the draft final rule, Federal Register Notice (FRN),

Environmental Assessment, and a history of the rulemaking (SECY-18-0058) were sent to the Commission (ML16264A000).

NEI (Bill Pitesa) August 22, 2018, comments on the rulemaking (ML18236A763).

NEI letter, Enhanced Weapons Rulemaking, dated May 8, 2010 (ML20132A234)

NRC response to NEI letter, Enhanced Weapons Rulemaking, dated July 10, 2020 (ML20154K720) 4

Meeting

None scheduled.

Information 5

3BPart 73: Proposed Rule - Cybersecurity at Fuel Cycle Facilities (RIN 3150-AJ64; NRC-2015-0179)

Key Contact Irene Wu (301-415-1951) and James Downs (301-415-7744).

The Commission directed the U.S. Nuclear Regulatory Commission (NRC) staff to proceed with a proposed rulemaking to implement cyber security into Part 73 for Purpose certain fuel cycle facilities. The Commission directed the rulemaking to be a high priority, expedited rulemaking that uses a graded, consequence based regulatory approach and is informed by industrys voluntary efforts.

The NRC staff published SECY-14-0147, Cyber Security for Fuel Cycle Facilities, in December 2014, which proposed three options to implement cyber security. These options included orders, rulemaking, or continuation of voluntary initiatives.

The Commission provided SRM-SECY-14-0147, Staff Requirements - SECY-14-0147 - Cyber Security for Fuel Cycle Facilities in March 2015, which directed the NRC staff to proceed with rulemaking.

The NRC published the Regulatory Basis and Comment Resolution document for the cyber security proposed rulemaking on March 3, 2016 (ML15355A461).

The NRC staff provided draft proposed rule language (ML16131A115) for discussion at a public meeting on May 19, 2016.

The NRC staff provided Revised Preliminary Draft Proposed Rule Language and Related Draft Regulatory Guide (ML16221A078) for discussion at a public meeting on August 25, 2016.

The NRC developed updated versions of the Revised Preliminary Draft Proposed Rule Language and Related Draft Regulatory Guide (ML16273A130) to address stakeholder comments. These updates were made publicly available to support a presentation to the Advisory Committee on Reactor Safeguards (ACRS) sub-committee on November 2, 2016.

Key

An update to the Draft Regulatory Guide (ML17031A018) was made publicly Information available to support a presentation to the ACRS sub-committee on February 23, 2017.

The draft proposed rule package due date to the Commission was extended to September 30, 2017. This is to accommodate the Committee to Review Generic Requirements (CRGR) review.

The staff briefed the full ACRS committee on June 8, 2017 on the draft proposed rule package (ML17145A325).

The Cyber Security Rulemaking Working Group briefed the Committee to Review Generic Requirements (CRGR) on June 27 and July 12, 2017. The CRGR endorsed the Proposed Rule and Draft Regulatory Guide with comments via letter dated August 2, 2017 (ML17200A101).

The proposed rule package was provided to the Office of the Executive Director for Operations (OEDO) on September 7, 2017.

The proposed rule package was submitted to the Commission on October 4, 2017, as SECY-17-0099 (ML17018A218). The proposed rule package consists of the Commission paper, Federal Register notice (FRN), Draft Regulatory Analysis, Draft Backfit Analysis, and Draft Environmental Assessment.

The staff is awaiting Commission direction which is anticipated to follow related rulemaking applicable to reactors.

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June 2012 - SECY-12-0088, Cyber Security Roadmap (ML12135A050).

December 2014 - SECY-14-0147, "Cyber Security for Fuel Cycle Facilities" (Non-public).

March 2015 - SRM-SECY-14-0147, Staff Requirements - SECY-14-0147 -

Cyber Security for Fuel Cycle Facilities (ML15083A175).

Commissioner Baran's Vote on SECY-14-0147 - Cyber Security for Fuel Cycle Facilities (ML15118A921).

Commissioner Ostendorff's Vote on SECY-14-0147 - Cyber Security for Fuel Cycle Facilities (ML15132A632).

August 27, 2015 - Draft Regulatory Basis - Cyber Security at Fuel Cycle Facilities (ML15198A019).

September 4, 2015 - Federal Register Notice for Draft Regulatory Basis for Cyber Security at Fuel Cycle Facilities [Package] (ML15198A024).

"Documents to Support December 10, 2015, Public Meeting on Cyber Security for Fuel Cycle Facilities [Package] (ML15344A296).

February 18, 2016, Summary of Public Meeting to Discuss Fuel Cycle Cyber Related Security Proposed Rule Concepts (ML16054A160).

Documents

March 17, 2016, Public Meeting Summary Regarding [Concepts for the]

Proposed Cyber Security Rulemaking at Fuel Cycle Facilities (ML16092A124).

Draft proposed rule text to support the May 19, 2016, public meeting (ML16131A115).

Revised Preliminary Draft Proposed Rule Language and Related Draft Regulatory Guide (ML16221A078) to support the August 25, 2016 Public Meeting.

Updated Preliminary Draft Proposed Rule Language and Related Draft Regulatory Guide (ML16273A130) to support the November 2, 2016, ACRS sub-committee briefing.

Updated Draft Regulatory Guide (ML17031A018) to support February 23, 2017, ACRS sub-committee briefing.

The NRC staff prepared a draft regulatory guide, Cyber Security Programs for Nuclear Fuel Cycle Facilities, (DG-5062) (ML17145A340).

SECY-17-0099, submitted October 4, 2017, contains the Commission Paper, Federal Register notice (FRN), Draft Regulatory Analysis, Draft Backfit Analysis, and Draft Environmental Assessment (ML17018A218).

Meeting

None scheduled. Additional public meetings will be conducted, as needed.

Information 7

4BDecommissioning Financial Assurance for Sealed and Unsealed Radioactive Material (PRM-30-66; NRC-2017-0159)

Key Contact Torre Taylor (301-415-7900) and Cardelia Maupin (301-415-4127)

Amend NRC regulations to add radionuclides and corresponding possession values not currently listed in 10 CFR Part 30 Appendix B for calculating a licensees decommissioning funding requirement to possess a radionuclide with a half-life greater than 120 days. It would also apply a uniform and more risk-Purpose informed method for setting possession values for all radionuclides listed in Appendix B. The rulemaking will apply to all entities, including those in Agreement States, licensed to possess sealed or unsealed byproduct or special nuclear material with a half-life greater than 120 days.

The rulemaking was approved by the Commission in Staff Requirements Memorandum, dated 10/13/2020 (SRM-SECY-19-0125)

The Commission approved initiation of rulemaking to provide specific possession values for radionuclides that are not currently listed in Appendix B to Title 10, Code of Federal Regulations (CFR) Part 30, "Rules of General Applicability to Domestic Licensing of Byproduct Material"

This rulemaking is now under NRC Docket ID NRC-2017-0031, entitled Decommissioning Financial Assurance for Sealed and Unsealed Radioactive Key Material Information

The working group for development of the regulatory basis has been formed.

o Representatives from the Regions, HQ (financial assurance, risk and technical analysis, medical and industrial areas), and OAS

Current schedule o Publish Regulatory Basis for comment - December 2021 o Draft rule to Commission February 2023 o Draft final rule to Commission May 2024

SECY-19-0125 (ML18292A434)

SRM-SECY-19-0125 (ML20287A249)

Summary of January 7, 2021, public meeting (ML21028A786)

Documents

Transcript of January 7, 2021, public meeting (ML21026A343)

January 7, 2021, public meeting staff presentation (ML21005A004)

Meeting

None scheduled Information 8

5BAlternatives to the Use of Credit Ratings (RIN 3150-AJ92)

Key Contact G. Trussell (301-415-6445)

Amend NRC regulations to remove any use or reference to bond rating, as mandated by the Dodd-Frank Act of 2010. The rule would develop alternate criteria, if any, to replace bond rating criteria. The purpose is to ensure financial Purpose tests are sufficient when evaluating decommissioning financial assurance. The scope of this rulemaking would affect all NRC's regulations referring to bond rating. The rulemaking was formerly titled "Dodd-Frank Act of 2010."

Key o The EDO approved the staffs Evaluation Plan and Alignment Agreement on Information May 21, 2021. Staff is working on the proposed rule package.

SECY-16-0009 (ML16028A189)

SRM-SECY-16-0009 (ML16104A158)

October 30, 2019, Public Meeting Notice (ML19276F107)

Summary of October 30, 2019, Public Meeting (ML19322A692)

Purpose:

consistent with the NMSS Office Director memorandum and other agency improvement activities [e.g., Risk-informed 2 Decision-Making (RIDM)].

On March 13, 2019, the staff introduced the initiative at the NRC Regulatory Information Conference.

The staff created a working group to lead and execute this effort.

On April 26, 2019, the final working group charter was approved.

Key

On March 18, 2020, the working group issued its final report (see below).

Information

On March 18, 2020, the final decision memorandum was issued (see below).

The staff has begun implementation of the recommendations.

Inspection guidance documents have been revised and issued. (See Status of Smarter Inspection below).

On March 29, 2021, the staff issued the closure memorandum (see below).

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Nuclear Energy Institute letter dated April 12, 2019 (ML19114A288).

URENCO USA letter dated April 24, 2019 (ML19115A349).

Charter for a smarter inspection program working group (ML19074A139).

Meeting summary for May 21, 2019 public meeting (ML19163A267)

Presentation materials from the June 27, 2019, public meeting where NEI presented recommendations (ML19176A534).

Presentation materials from the August 8, 2019, public meeting to discuss a range of recommendations (ML19199A476 and ML19214A262).

35T35T Meeting summary for August 8, 2019, public meeting (ML19227A158).

Presentation materials from the September 12, 2019, public meeting (ML19254A588).

September 25, 2019, Summary of Meeting to Discuss Fuel Cycle Regulatory Activities and Cumulative Effects of Regulation htttps://www.nrc.gov/docs/ML1927/ML19274D398.pdf

October 17, 2019, Meeting with URENCO USA On Specific Recommendations For Building A Smarter Fuel Cycle Inspection Program https://www.nrc.gov/docs/ML1930/ML19303D270.html

November 15, 2019, Public Meeting: Building a Smarter Fuel Licensing and Oversight Program https://www.nrc.gov/pmns/mtg?do=details&Code=20191230

March 5, 2020, Meeting Notice: Meeting to provide an overview of the draft reports for Building a Smarter Fuel Cycle Licensing and Oversight Program

https://www.nrc.gov/pmns/mtg?do=details&Code=20200165 Related

NEI Letter, "Industry Comments on Near Final Fuel Cycle Smarter Program Documents Working Group Reports Post March 5, 2020 NRC Public Meeting", March 17, 2020. (ML20097E050)

Working Group Report: Proposed Recommendations for Building a Smarter Fuel Cycle Inspection Program, dated March 18, 2020 (ML20073G659)

Final decision memorandum, March 18, 2020 (ML20077L247)

NEI Letter, Follow Up Input to NRC April 22, 2020 Public Meeting and Supplement to NEIs March 17, 2020, letter on Final Working Group Reports on the Smarter Program Inspection and Licensing Program Enhancement Initiative, May 6, 2020 (ML20135G764)

Response to NEI letter on Smarter Inspection and Licensing Program Enhancement Initiative, June 19, 2020 (ML20148M228)

Implementation Plan (ML20183A242 and ML20189A064)

NEI Letter, Industry Position Regarding Safety Margin: Dispositioning Degraded or Failed Management Measures Above and Beyond Regulatory Requirements, and Meeting Performance Criteria; Follow Up to May 6, 2020 letter on Smarter Program Inspection Priorities, July 24, 2020 (ML20211L714)

Status of Smarter Inspection o October 2020 (ML20303A221) o November 2020 (ML20330A178) o December 2020 (ML20358A212) o January 2021 (ML21028A724) o April 2021 (ML21097A106)

Memorandum, Implementation of Smarter Inspection Program, March 2021 (ML21029A332)

Meeting

None scheduled.

Information 19

14BNUREG-2159 Revision - Material Control & Accounting Guidance for Special Nuclear Material of Moderate Strategic Significance Key Contact James Rubenstone (301-415-7231).

Guidance for material control and accounting at fuel cycle facilities that possess Purpose special nuclear material of moderate strategic significance (Category II facilities).

NRC issued draft NUREG-2159, Acceptable Standard Format and Content for the Fundamental Nuclear Material Control Plan Required for Special Nuclear Material of Moderate Strategic Significance, in 2013 in anticipation of a planned rulemaking for 10 CFR Part 74, Material Control and Accounting of Special Nuclear Material. The draft was written to the proposed revisions of Key Part 74.

Information

The Commission terminated the rulemaking in 2019, and the draft NUREG-2159 was not finalized.

The NRC staff is currently revising the draft consistent with the existing requirements of 10 CFR Part 74.

The revised draft will be issued in July 2021 for a 60-day public comment period. Final document to be issued in the fall of 2021.

Proposed guidance for fuel cycle facility material control and accounting plans, Related Federal Register 78, 67224, November 8, 2013.

Documents

Discontinuation of rulemaking, amendments to material control and accounting regulations, Federal Register 84, 3232, July 8, 2019.

Meeting

Staff is considering a possible public meeting during the comment period on Information the draft.

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15BLow Safety Significance Issues (LSSI)

Key Contact Donnie Harrison (301-415-2470).

Implement process enhancements to mitigate (risk-inform) impact of identified Purpose issues that are not clearly in the licensing basis that are of low safety significant issues, but may involve excessive effort to resolve.

2019 - 2020: Office of Nuclear Reactor Regulation (NRR) led an effort on LSSI resolution o Provided approach and recommendations (subsequently approved by NRR Office Director) on approach to address these issues o Implemented concept and used a handful of times o NMSS representative on NRR team determined that the concept could also apply in NMSS with some modifications Identified activities pursuing similar intent over multiple business lines

NMSS working team formed with staff across business lines and with regional inspectors to share insights on implementing a consistent approach while recognizing differences in business lines

Current status (March 2021): initiating fuel cycle table-top exercises; other business lines following in phased approach Key Information

Fuel Cycle Planned Schedule o April/May 2021: pilot program o June/July 2021: revise LSSI process o End of July 2021: develop LSSI implementing IMC/IP guidance o September 2021: issue LSSI IMC/IP guidance for trial use Risk-informed process for evaluation (RIPE) starting in the September timeframe o January 2022: issue revised LSSI IMC/IP guidance for use, incorporating other business line/regional inspector tabletop exercises o April 2021: tabletop exercise of a fuel cycle issue using draft progressive screening guidance conducted The working group identified areas needing additional implementation guidance to fully understand the intent of the various screening questions and information supporting the significance determination.

None Documents

Staff will seek industry input at the March 24-25, 2021 fuel facilities Meeting stakeholders meeting for example issues to pilot the draft guidance through Information the tabletop exercises.

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