ML21048A038

NRC Presentation Rulemaking to Align Licensing Processes and Lessons Learned from New Reactor Licensing

ML21048A038
Person / Time
Issue date:	02/26/2021
From:	O'Driscoll J NRC/NMSS/DREFS/RRPB
To:
James O'Driscoll
References
10 CFR Part 50, 10 CFR Part 52, NRC-2009-0196, Part 50/52, RIN 3150-AI66
Download: ML21048A038 (55)

Text

ADAMS Accession No. ML21048A038 Public Meeting:

Status of Rulemaking to Align Licensing Processes and Incorporate Lessons Learned from New Reactor Licensing March 2, 2021 1

Ground Rules

• This session is being transcribed; to facilitate the process, please:

- State your name before speaking

- Only one speaker at a time

• Please hold questions until after the NRC presentation 2

Todays Meeting

• Provide an update on the effort since the last public meeting on this rulemaking (meeting summary: ADAMS Accession No. ML20141L609)

• Walk through the major topics addressed in the regulatory basis and identify specific regulatory issues on which input is sought

• Discuss the estimates of costs and savings

• Provide an update on next steps and the rulemaking schedule 3

OPENING REMARKS Anna Bradford - Director NRR Division of New and Renewed Licenses 4

NRC STAFF PRESENTATION 5

NRC Staff Presenters Jim ODriscoll, NMSS Rulemaking Project Manager Allen Fetter, NRR Senior Project Manager 6

Purpose of the Rulemaking

• Implement Commission direction in SRM-SECY-15-0002, Proposed Updates of Licensing Policies, Rules and Guidance for Future New Reactor Applications to:

- Align Parts 50 and 52 reactor licensing processes

- Improve clarity

- Incorporate lessons learned in recent licensing proceedings

- Reduce unnecessary burden on applicants and staff 7

Rulemaking Process Identify Regulatory Proposed Final Rule need for Basis Rule rulemaking

• Described in

• Analyze

• Proposed rule *Final rule text SECY-15-0002 alternatives for text resolution

• Commissions

• Public meeting direction in

• Public Meeting

• 75-day public SRM-SECY

• 75-day public comment period 0002 comment period Opportunities for public participation 8

Staffs Milestones of Rulemaking Activities October 1, 2018

• Started scoping and outreach January 15, 2019

• Held public meeting July 11, 2019

• Internal alignment on scope of RB

• Issuance of Commission Information August 27, 2019 Paper SECY-19-0084 September 20, 2019

• Held ACRS meeting 9

Staffs Milestones of Rulemaking Activities (contd)

November 21, 2019

• Held public meeting February 2020

• First draft of RB inputs completed April 29, 2020

• Held public meeting January 2021

• Published RB and FRN Ongoing

• Evaluate comments on RB 10

Next Steps March 2021

• Hold ACRS meeting April 2021

• RB public comment period ends, staff commence drafting the proposed rule October 2021

• Complete technical development of the proposed rule

• Forward the proposed rule to the May 2022 Commission for approval

• Forward the final rule to the March 2024 Commission for approval 11

Regulatory Basis

• A regulatory basis (RB) provides a sound foundation for informed decision-making throughout the rulemaking process

- The RB describes the technical, legal, and policy issues and the staffs consideration of options to resolve the issues

- A cost-benefit analysis of options is developed as part of the RB 12

Scope of the Regulatory Basis

• Number of items in scope: 50

• Number of alternatives evaluated: 115

• Items with rulemaking recommendation: 43

- Number of items with rulemaking and guidance development or revision: 23

- Number of guidance documents affected: 17

• Number of CFR Parts potentially affected by rulemaking: 9 13

Alignment of Parts 50 and 52

• The RB addresses four areas in which the NRCs policies and direction for new reactors have translated into requirements and guidance for Part 52 applicants only:

- Application of Severe Accident Policy Statement

- Probabilistic Risk Assessment Requirements

- Three Mile Island Requirements

- Fire Protection Design Features and Plans 14

Lessons Learned from Recent Experience

• The RB also covers topics for which the NRCs recent experience with new reactor licensing has resulted in lessons learned Operator Physical Fitness Emergency Licensing Security For Duty Planning Part 52 Applicability of Environmental Other Processes Miscellaneous Licensing Topics to the 10 CFR Topics Process Part 52 Process 15

Appendix A:

Applying the Severe Accident Policy Statement to New Part 50 License Applications

• Key issue: Part 50 does not address the NRCs Severe Accident Policy Statement

• Alternatives considered: No Action, Rulemaking, Guidance Only

• Staff recommendation: Rulemaking to revise Part 50 to include Part 52-like requirements about the prevention and mitigation of severe accidents, with updates to related guidance

- Regulatory scope: 10 CFR 50.34

- Guidance: Standard Review Plan (SRP) Chapter 19 16

Appendix B:

Probabilistic Risk Assessment (PRA)

Requirements

• Key issues: (1) Application to Part 50 of Part 52 requirements for use of PRA in design; (2) availability of risk-informed process for safety-related structures, systems, and components (SSCs); and (3) timing of certain PRA upgrades

• Alternatives considered: No Action, Rulemaking and Guidance

• Staff recommendations: Rulemaking and guidance to (1) extend Part 52 PRA design requirements to Part 50; (2) broaden access to risk-informed classification of SSCs; and (3) permit deferral of some PRA upgrades

- Regulatory scope: (1) 10 CFR 50.34 and 50.71; (2) 10 CFR 50.69; and (3) 10 CFR 50.71

- Guidance: Regulatory Guides (RG) 1.174, 1.200, 1.201, 1.205, and 1.206 17

Appendix C:

Three Mile Island (TMI) Requirements

• Key issue: Inconsistency between Parts 50 and 52 regarding the submission of TMI-related information

• Alternatives considered: No Action, Rulemaking and Guidance

• Staff recommendation: Rulemaking and guidance to align the regulations related to TMI requirements

- Regulatory scope: 10 CFR 50.34

- Guidance: SRP Chapters 6.2.5 and 13.3 18

Appendix D:

Description of Fire Protection Design Features and Fire Protection Plans

• Key issue: Requirements for specific fire protection information to be submitted in applications are limited to Part 52

• Alternatives considered: No Action, Rulemaking

• Staff recommendation: Rulemaking to extend the Part 52 fire protection requirements to Part 50

- Regulatory scope: 10 CFR 50.34 19

Appendix E:

Operator Licensing

• Key issues: Inadequacy of regulations for operators of cold plants about (1) criteria for simulation facilities; (2) plant walkthrough; and (3) continuing training

• Alternatives considered: No Action, Rulemaking and Guidance, Guidance Only

• Staff recommendations: Rulemaking and guidance to govern operator licensing at cold plants

- Regulatory scope: (1) 10 CFR 55.4 and 55.46; (2) 10 CFR 55.45; and (3) 10 CFR 55.31

- Guidance: New guidance 20

Appendix F:

Physical Security Requirements

• Key issue: Potential unnecessary burden on industry related to unirradiated fuel

• Alternatives considered: No Action, Rulemaking and Guidance

• Staff recommendation: Rulemaking and guidance to clarify what requirements apply to unirradiated fuel

- Regulatory scope: 10 CFR 70.22, 73.55, 73.56, and 73.67

- Guidance: RG 1.206 21

Appendix F:

Fitness-For-Duty (FFD) Requirements

• Key issues: Construction site access issues, risk insights learned from reactor plant construction, Medical Review Officer procedures, and technical corrections

• Alternatives considered: No Action, Rulemaking and Guidance

• Staff recommendation: Rulemaking and guidance to improve the consistency and clarity of the FFD regulations

- Regulatory scope: 10 CFR 26.5, 26.401, 26.405, and 26.419

- Guidance: RG 5.84 and DG-5040 22

Appendix G:

Emergency Planning (EP)

• Key issues: (1) Initial emergency classification and action level scheme; (2) emergency plan change process; (3) emergency preparedness exercises; (4) significant impediments to development of emergency plans; and (5) offsite contacts, arrangements, and certifications

• Alternatives considered: No Action, Rulemaking, Rulemaking and Guidance, Guidance Only

• Staff recommendations: (1) Guidance only; (2) rulemaking; (3) rulemaking and guidance; (4) rulemaking and guidance; and (5) rulemaking

- Regulatory scope: (1) 10 CFR 52.17 and 52.79, Sec. IV.B of App. E to Part 50; (2) 10 CFR 50.54; (3) Sec. IV.F.2.a of App. E to Part 50; (4) 10 CFR 52.18; and (5) 10 CFR 52.17

- Guidance: New guidance 23

Appendix H:

Part 52 Licensing Process

• Appendix H addresses five areas in which NRC experience with Part 52 new reactor licensing has resulted in lessons learned:

- Design Certification (DC) Renewal (H.1)

- Change Process (H.2)

- Design Scope and Standardization (H.3)

- Standard Design Approval (SDA) (H.4)

- Content of Applications (H.5) 24

Appendix H:

Part 52 Licensing Process

• Some staff recommendations in Appendix H:

- Rulemaking to remove the 15-year duration of DCs and associated renewal requirements (H.1)

- Rulemaking and guidance to clarify and simplify certain change processes (no action recommended in other cases) (H.2)

- Rulemaking and guidance to define and clarify design terms and to streamline design requirements (H.3)

- Rulemaking to facilitate filing of applications that reference more than one SDA (H.4)

- Rulemaking and guidance to simplify, align, and clarify the content of applications (H.5) 25

Appendix I:

Environmental Topics

• Key issues: (1) environmental report submittal process for a construction permit application; and (2) incorporation by reference (IBR) of prior environmental assessment for combined license (COL) but not for construction permit

• Alternatives considered: No Action, Rulemaking, Guidance Only

• Staff recommendations: (1) No action; and (2) rulemaking to allow IBR for construction permit

- Regulatory scope: (1) N/A; and (2) 10 CFR 51.50 26

Appendix J:

Applicability of Other Processes to the 10 CFR Part 52 Process

• Key issues: (1) contested proceeding under 10 CFR 2.4 excludes ITAAC hearing; (2) undue burden on certain COL applicants and holders from annual FSAR updates; and (3) inconsistencies in requirements for backfitting and issue finality

• Alternatives considered: No Action, Rulemaking, Rulemaking and Guidance, Guidance Only

• Staff recommendations: Rulemaking to (1) align definition of contested proceeding; and (2) alleviate regulatory burden on certain COL applicants and holders; and rulemaking and guidance to (3) remove inconsistent issue finality provisions

- Regulatory scope: (1) 10 CFR 2.4; (2) 10 CFR 50.71; and (3) 10 CFR 50.109

- Guidance: MD 8.4 and NUREG-1409 27

Appendix K:

Miscellaneous Topics

• Appendix K addresses lessons learned for several topics covered across Title 10 Notice of Applicability of Safety Parameter issuance of 10 CFR Part Display System findings re: 21 definitions console ITAAC to Part 52 Use of ASME Notice to NRR Change process Reporting errors BPV Code, of information for plant-specific and changes in Section XI, with significant TS bases ECCS models under Part 52 implications Risk-informed Description of Completion of approach to ITAAC power generic safety completion at ascension issues COL issuance testing 28

Estimates of Costs and Savings

• The NRC staff considered the potential costs and savings to both industry and the NRC

- The regulatory basis describes preliminary impacts

- The proposed rule will provide a more detailed evaluation

• The analysis evaluated expected costs and savings relative to the regulatory baseline

• The base year used was 2019; the analysis horizon extended to 2030 where applicable 29

Estimates of Costs and Savings (contd)

• Estimated net averted costs to industry of between $12.2 million $18.8 million

- Areas of high averted costs: storage of unirradiated nuclear fuel, DC renewal, Tier 1 classification, SRP review, use of prior EA (i.e. no SAMDA analysis) for CPs

- Areas of increased costs: pre-application design issues, PRA development and submission, TMI requirements, and cold plant operator licensing

• Estimated net averted costs to the NRC of between $5.8 million and $10.8 million

- Initial rulemaking costs < saved resources over time 30

Estimates of Costs and Savings (contd)

• Total net averted costs to industry and the NRC of between $18.0 million and $29.7 million

• To account for sensitivity to plant-specific conditions, the NRC staff performed an uncertainty analysis, which found that the chance of net averted costs is greater than 99%

• Rulemaking would yield nonquantifiable benefits as well (regulatory efficiency, public confidence) 31

Questions 32

Next Steps for NRC

• Consider comments received on the regulatory basis

• Commence drafting the proposed rule

• Submit the proposed rule to the Commission

• Plan for additional public meeting(s) during the proposed rule phase 33

Rulemaking Schedule Submit Start drafting proposed Issue final proposed rule to the rule rule Commission

• April 2021

• May 2022

• October 2024 34

Contact Information Jim ODriscoll, Project Manager Division of Rulemaking, Environmental, & Financial Support Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Email: James.ODriscoll@nrc.gov Phone: 301-415-1325 Allen Fetter, Senior Project Manager Division of New Reactor Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Email: Allen.Fetter@nrc.gov Phone: 301-415-8556 35

How Did We Do?

• Link to NRC Public Meeting Feedback form:

https://www.nrc.gov/pmns/mtg?do=details&Code=20210179 36

How to Stay Informed and Involved

• The meeting summary will be posted soon

• Search regulations.gov on the docket ID NRC-2009-0196

• Press the comment button and leave your comment 37

SUPPORTING INFORMATION 38

References ADAMS Accession Document Title Number/FR Citation 86 FR 7513 - Regulatory Basis-Alignment of Licensing Processes and Lessons Learned From New 86 FR 7513 Reactor Licensing 04/29/2020 - Public Meeting to Discuss the Status of Rulemaking to Align Licensing Processes and ML20141L609 Apply Lessons Learned from New Reactor Licensing [NRC-2009-0196; RIN 3150-AI66]

85 FR 9328 - Revision of Fee Schedules; Fee Recovery for Fiscal Year 2020 85 FR 9328 2/14/20 - Letter to Petitioner M. Lorton on Behalf of Algignis, Inc.; Results of PRM Sufficiency Review; ML20008D640 Petition for Rulemaking for 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants (Pkg) 11/18/2019 - 84 FR 63565 - Miscellaneous Corrections 84 FR 63565 11/21/2019 - Category 3 Public Meeting Summary RE: Regulatory Basis: Rulemaking to Align ML19344C768 Licensing Processes and Apply Lessons Learned from New Reactor Licensing (NRC-2009-0196)

Transcript of the Advisory Committee on Reactor Safeguards Regulatory Policies & Practices-Part 50 ML19294A009 52 Meeting - September 20, 2019 SECY-19-0084, Status of Rulemaking to Align Licensing Processes and Lessons Learned from New ML19161A169 Reactor Licensing (RIN 3150-AI66)

SECY-19-0034, Improving Design Certification Content ML19080A034 39

References (contd)

ADAMS Accession Document Title Number/FR Citation Summary of January 15, 2019 Public Meeting to Discuss the Proposed Rulemaking to Align the ML19023A046 Regulations in Parts 50 and 52 to Address Updates to the Licensing Processes and Lessons Learned for Future New Reactor Applications SECY-15-0002, Proposed Updates of Licensing Policies, Rules and Guidance for Future New ML13277A420 Reactor Applications SRM-SECY-15-002, Staff Requirements-SECY-15-002-Proposed Updates of Licensing Policies, ML15266A023 Rules and Guidance for Future New Reactor Applications Policy Statement on Severe Reactor Accidents Regarding Future Designs and Existing Plants 60 FR 32138 SECY-89-013, Design Requirements Related to the Evolutionary Advanced Light Water Reactors, ML003707947 dated January 19, 1989 SECY-90-016, Evolutionary Light Water Reactor (LWR) Certification Issues and Their Relationship to ML003707849 Current Regulatory Requirements, dated January 12, 1990 SECY-93-087, Policy, Technical, and Licensing Issues Pertaining to Evolutionary and Advanced Light- ML003708021 Water Reactor (ALWR) Designs, dated April 2, 1993 Bipartisan Policy Center Report Recommendations on the New Reactor Licensing Process ML13059A240 40

References (contd)

ADAMS Accession Document Title Number/FR Citation NUREG-0800, Standard Review Plan for the Review of Safety Analysis Reports for https://www.nrc.gov/rea Nuclear Power Plants: LWR Edition, with updates through 2007 ding-rm/doccollections/

nuregs/staff/sr0800/

Regulatory Guide 1.174, Revision 3, An Approach for Using Probabilistic Risk Assessment in ML17317A256 Risk-Informed Decisions on Plant-Specific Changes to the Licensing Basis, dated 2018 Regulatory Guide 1.200, Revision 2, An Approach for Determining the Technical Adequacy ML090410014 of Probabilistic Risk Assessment Results for Risk-Informed Activities, dated 2009 Regulatory Guide 1.201, Revision 0, Guidelines for Categorizing Structures, Systems, and ML061090627 Components in Nuclear Power Plants According to Their Safety Significance, dated 2006 Regulatory Guide 1.205, Revision 1, Risk-Informed, Performance-Based Fire Protection for ML092730314 Existing Light-Water Nuclear Power Plants, dated 2009 Regulatory Guide 1.206, Revision 1, Applications for Nuclear Power Plants. dated 2018 ML18131A181 Bipartisan Policy Center Report Recommendations on the New Reactor Licensing Process ML13059A240 Regulatory Guide 5.84, Revision 0, Fitness-for-Duty for New Nuclear Power Plant ML15083A412 Construction Sites, dated July 2015 Draft Regulatory Guide 5040, Urine Specimen Collection and Test Result Review Under 10 84 FR 48750 CFR Part 26, Fitness-for-Duty Programs, dated September 16, 2019 NRC Management Directive 8.4, Management of Backfitting, Forward Fitting, Issue Finality, ML18093B087 and Information Requests. DT-19-15, dated 2019.

41 NRC NUREG-1409, Revision 1, Backfitting Guidelines., Draft Report for Comment, dated ML18109A498

Administrative Corrections 10 CFR Description

§ 2.627 The references to § 2.617 in § 2.629(b) and § 52.83(b) should be to § 2.627.

Part 52 Appendices Both the ABWR and System 80+ design certification final rules (Part 52, Appendices A and B, respectively) initially correctly referred to ANSI/AISC N-690. Both the AP600 and AP1000 design cert final rules (Appendices C and D, respectively) incorrectly stated ANSI/AISC-690 (omitting the N). 64 Fed. Reg. 72,002, 72,018; 71 Fed. Reg. 4,464, 4,481.

Unfortunately, the NRC changed the ABWR and System 80+ references to match the AP600 and AP1000 references in the 2007 Part 52 rulemaking. Correct the reference in Appendices A-D by adding the N back into ANSI/AISC N-690.

Part 52 Appendix D Part 52, Appendix D,Section VI.B.6 reads except as provided in paragraph VIII.B.5.f . . . but the reference is incorrect. It Section VI.B.6 should be except as provided in paragraph VIII.B.5.g . . . (rather than VIII.B.5.f).

Part 52 Appendix E Part 52, Appendix E,Section VI.B.6 reads except as provided in paragraph VIII.B.5.f . . . but the reference is incorrect. It Section VI.B.6 should be except as provided in paragraph VIII.B.5.g . . . (rather than VIII.B.5.f).

Part 50 Appendix J Under Option B, Subsection IV. Recordkeeping, refers to §§ 50.72 (b)(1)(ii) and § 50.72 (b)(2)(i). There is no § 50.72 (b)(1)(ii), only § 50.72 (b)(1). 10 CFR Part 50, Appendix J references 10 CFR Part 52 and 10 CFR 50.54(o) imposes Appendix J as a requirement.

§ 21.3, Basic Revise definition by deleting text in brackets as follows:

component (2) When applied to standard design certifications [under subpart C of part 52 of this chapter] and standard design approvals under part 52 of this chapter,

§ 52.43(b) Correct the following text in 10 CFR 52.43(b) which was not updated when SDAs were renamed to state: Subpart E of this part governs the NRC staff review and approval of a final standard design.

§ 52.79(c)(2) Correct as follows: all terms and conditions that have been included in the final standard design approval will be satisfied.

42

Administrative Corrections 10 CFR Description 52.39(a)(1) Reference to 52.27 needs to be changed to 52.26. When the NRC issued the 2007 Part 52 final rule (72 FR 49352; August 28, 2007), § 52.27 was the Duration of permit section. However, when the NRC issued the Limited Work Authorization for Nuclear Power Plants final rule a few weeks later (72 FR 57416; October 9, 2007), § 52.27 was redesignated as § 52.26, the current § 52.27 was added, but the reference to § 52.27 in § 52.39(a)(1) was not changed to § 52.26.

52.98(d) Lessons Learned-Miscellaneous lessons learned-clarify the reference to ML and subpart F-there is unnecessary wording in the paragraph that is confusing. During BC review and concurrence, this item was deemed an administrative correction

,and was descoped from the rulemaking and placed in the Fall 2020 administrative corrections rule scope.

43

Current Scope 44

Current Scope (contd) 45

Current Scope (contd) 46

Current Scope (contd) 47

Current Scope (contd) 48

Current Scope (contd) 49

Current Scope (contd) 50

Current Scope (contd) 51

Current Scope (contd) 52

Current Scope (contd) 53

Current Scope (contd) 54

Abbreviations ACRS Advisory Committee on Reactor ITAAC Inspections, Tests, Analyses, and Safeguards Acceptance Criteria ADAMS Agencywide Documents Access NPV Net Present Value and Management System NRC Nuclear Regulatory Commission ASME American Society of Mechanical NRR Office of Nuclear Reactor Engineers Regulations BPV Boiler and Pressure Vessel OL Operating License CFR Code of Federal Regulations PRA Probabilistic Risk Assessment COL Combined License RB Regulatory Basis CP Construction Permit SAMDA Severe Accident Mitigation Design DC Design Certification Alternative DCD Design Control Document SDA Standard Design Approval ECCS Emergency Core Cooling System SOC Statement of Considerations EP Emergency Planning SRM Staff Requirements Memorandum FFD Fitness For Duty SRP Standard Review Plan FRN Federal Register Notice SSC Structure, System, and Component FSAR Final Safety Analysis Report TMI Three Mile Island IBR Incorporation By Reference TS Technical Specifications 55