ML23108A248
| ML23108A248 | |
| Person / Time | |
|---|---|
| Issue date: | 05/15/2023 |
| From: | Christopher Hanson NRC/Chairman |
| To: | Carper T, Duncan J, Feinstein D, Fleischmann C, Johnson B, Markey E, Rodgers C US HR, Comm on Appropriations, US HR, Comm on Energy & Commerce, US HR, Subcomm on Energy & Water Development, US HR, Subcomm on Energy, Climate and Grid Security, US SEN, Comm on Appropriations, US SEN, Comm on Environment & Public Works, US SEN, Subcomm on Clean Air, Climate Change & Nuclear Safety, US SEN, Subcomm on Energy & Water Development |
| Shared Package | |
| ML23108A250 | List: |
| References | |
| CORR-23-0042 | |
| Download: ML23108A248 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON , D.C . 20555-0001 May 15, 2023 CHAIR The Honorable Edward J. Markey Chairman, Subcommittee on Clean Air, Climate and Nuclear Safety Comm ittee on Environment and Public Works United States Senate Washington , DC 20510
Dear Mr. Chairman :
On behalf of the U.S. Nuclear Regulatory Commiss ion (NRC), I am submitting the "Semiannual Status Report on the Licensing Activities and Regulatory Duties of the U.S. Nuclear Regulatory Commission. " The enclosed report covers NRC activities from October 1, 2022 , through March 31 , 2023, and includes a list of rulemaking activities, their priority and schedule, and actions taken to adhere to the backfit rule , as directed in House Report 117-394 accompanying the Consolidated Appropriations Act , 2023.
During this reporting period , the NRC completed three major regulatory milestones. In January 2023, the NRC published a final rule in the Federal Register that certified the first small modular reactor design (NuScale) for use in the United States. In February 2023, following the evaluation of surveys, conduct of inspections, and review of confirmatory analyses, the NRC concluded that the site of the La Crosse Nuclear Power Plant in Wisc. met the criteria to be released for unrestricted public use. In March 2023, the NRC granted an exemption to Pacific Gas & Electric Co . (PG&E) that would allow for the continued operation of Diablo Canyon Nuclear Power Plants , Units 1 and 2, while the agency considers an update to and resubmittal of PG&E's license renewal application (provided the application is submitted by December 2023 and found acceptable by the agency).
Other Noteworthy Activities in the Past 6 Months In November 2022, the NRC awarded approximately $10 million through 20 research and development grants to 18 academic institutions , including 1 minority-serving institution ,
under its University Nuclear Leadership Program (UNLP). The program bolsters nuclear engineering and related programs to prepare the next generation of scientists and engineers.
The remainder of the fiscal year (FY) 2022 UNLP funds will be awarded for scholarships, fellowships , trade schools/community colleges and faculty development grants by the end of April 2023.
In January 2023 , the NRC staff submitted a paper to the Commission that provided options for licensing and regulating fusion energy systems (ML22273A178). Consistent with the Nuclear Energy Innovation and Modernization Act, the NRC staff presented these options to support the development of a regulatory framework for fusion energy systems by 2027. On April 13, 2023, the Commission approved the option to license and regulate fusion energy systems under NRC's byproduct material framework contained in 10 CFR Part 30 and associated regulations (ML23103A449) . Under the limited-scope rulemaking approved with this option , the
Commission directed the staff to take into account the existence of fusion systems that have already been licensed and are being regulated by the Agreement States, as well as those that may be licensed prior to the completion of the rulemaking. Further, the Commission directed the staff to develop a new volume of NUREG-1556, "Consolidated Guidance About Materials Licenses," dedicated to fusion energy systems, to provide consistent guidance across the National Materials Program. The Commission also directed the staff to evaluate whether controls-by-design approaches, export controls , or other controls are necessary for near-term fusion energy systems. Finally, the Commission directed that, if in the future, the staff, in consultation with the Agreement States, determines that an anticipated fusion energy design presents hazards sufficiently beyond those of near-term fusion technologies, the staff should notify the Commission and make recommendations for taking appropriate action as needed.
In February 2023, the NRC approved a license amendment request from United Nuclear Corporation to allow disposal of mine waste from the Northeast Church Rock mine site at the company's nearby NRG-licensed uranium mill tailings site. The staff issued its final Safety Evaluation Report in December 2022 and the Final Environmental Impact Statement in January 2023.
In March 2023, the NRC authorized the restart of the National Institutes of Standards and Technology (NIST) research reactor in Gaithersburg , Md . The NIST facility had been shut down and in a safe condition since February 2021, following an event and discovery of a fuel element that was not properly seated, resulting in damage to the reactor fuel element. The NRC monitored the licensee's response to the event to ensure that there was no threat to public health and safety. The NRC's restart decision was based on its review of the facility's systems and NIST's operations processes to verify that restart would not endanger public health and safety, NIST's actions to comply with the Confirmatory Order issued in August 2022, and results of follow-on NRC inspections.
Also, in March 2023, the NRC participated in the Joint 8th and 9th Review Meeting of the Convention on Nuclear Safety (CNS) in Vienna, Austria. The CNS aims to commit Contracting Parties operating land-based civil nuclear power plants to maintain a high level of safety by establishing fundamental safety principles to which Contracting Parties would subscribe. I, along with the Executive Director for Operations, Dan Dorman, and the Chief Executive Officer of the Institute of Nuclear Power Operations, Bob Willard, presented the U.S. National Report. The NRC also conducted peer reviews of other contracting parties' national reports.
In March 2023, the NRC also published a proposed rule in the Federal Register that would update the license renewal Generic Environmental Impact Statement (LR GEIS) used by the agency when considering applications to renew operating reactor licenses . The proposed rule amends the relevant rule language to account for initial license renewal and one term of subsequent license renewal, redefines the number and scope of the environmental issues that must be addressed during the review of each application for license renewal, and updates related guidance to fully address subsequent renewal requirements . The NRC staff conducted six hybrid public meetings, geographically located near the NRC Headquarters and each NRC regional office. These meetings provided attendees with an overview of the proposed changes to the regulations, LR GEIS, and associated guidance; instructions on how to submit public comments; and an opportunity to receive comments during the meeting .
The NRC held its 35 th Annual Regulatory Information Conference (RIC) during the second week of March 2023. This was the first in-person RIC since 2019 and was the first time offering a hybrid format. The RIC is the agency's largest public meeting, bringing together
interested stakeholders from government agencies , industry, other countries, international organizations, non-governmental organizations, and the general public.
Also in March 2023, the NRC issued annual assessment letters for all operating nuclear plants in the United States. The letters informed the licensees for 87 reactors that their performance was within the highest performance category of the NRC 's Reactor Oversight Process (ROP) Action Matrix. The letters informed the licensees for six reactors that their performance was within the second highest performance column of the NRC's ROP Action Matrix. Subsequently, on March 30, 2023, the NRC notified Southern Nuclear Operating Co.
that the final significance determination on a Farley Units 1 and 2 violation was determined to be Greater-than-Green , and in accordance with Inspection Manual Chapter 0305, "Operating Reactor Assessment Program ," the NRC was changing its assessment ofthe performance at both reactors to the third performance column of the NRC's ROP Action Matrix. At this time ,
there are no reactors in the fourth performance category .
From October 2022 through March 2023, the NRC held 331 public meetings to address a range of issues. The NRC also processed 89 Freedom of Information Act requests and received an additional 89 requests during the reporting period .
The NRC continues to focus on its strategic goal to attract, develop, and maintain a high-performing, diverse, engaged , and flexible workforce with the skills needed to carry out the NRC 's mission now and in the future . Through expansion of recruitment and targeted outreach efforts to address current and anticipated vacancies, 107 new external hires have been onboarded to date, and an additional 72 are expected to onboard in Quarter 3 FY 2023, following completion of security background investigations.
During this reporting period, the NRC staff conducted 98 security inspections at commercial nuclear power plants and Category I fuel cycle facilities . As detailed in the enclosed report, this included a total of nine full scope force-on-force inspections involving simulated attacks on the selected facility to test the effectiveness of the licensee's physical security program .
Please feel free to contact me or have your staff contact Eugene Dacus, Director of the Office of Congressional Affairs, at 301-415-1776 , if you have any questions or need additional information.
Sincerely, Christopher T. Hanson
Enclosure:
Semiannual Status Report on the Licensing Activities and Regulatory Duties of the NRC cc: Senator Pete Ricketts
Identical letter sent to :
The Honorable Edward Markey The Honorable Bill Johnson Chairman , Subcommittee on Clean Air, Chairman , Subcommittee on Environment, Climate, and Nuclear Safety Manufacturing, and Critical Materials Committee on Environment and Public Works Committee on Energy and Commerce United States Senate United States House of Representatives Washington , DC 20510 Washington , DC 20515 cc: Senator Pete Ricketts cc: Representative Paul Tonkb The Honorable Thomas R. Carper The Honorable Chuck Fleischmann Chairman, Committee on Environment Chairman , Subcomm ittee on Energy and Public Works and Water Development United States Senate Committee on Appropriations Washington , DC 20510 United States House of Representatives cc: Senator Shelley Moore Capito Washington , DC 20515 cc: Representative Marcy Kaptur The Honorable Cathy McMorris Rodgers Chair, Committee on Energy The Honorable Dianne Feinstein and Commerce Chairman , Subcommittee on Energy United States House of Representatives and Water Development Washington , DC 20515 Committee on Appropriations cc: Representative Frank Pallone , Jr. United States Senate Washington , DC 20510 The Honorable Jeff Duncan cc: Senator John Kennedy Chairman , Subcommittee on Energy, Climate, and Grid Security Committee on Energy and Commerce United States House of Representatives Washington , DC 20515 cc: Representative Diana DeGette