ML19106A219

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Letters to the Honorable John Barrasso and Greg Walden from Eugene Dacus, OCA, Providing the 2018 FACA Charter Renewal for the Advisory Committee on Reactor Safeguards
ML19106A219
Person / Time
Issue date: 12/03/2018
From: Russell Chazell, Eugene Dacus
Office of Congressional Affairs, NRC/SECY/RAS
To: Barrasso J, Walden G
Chazell, Russ, SECY
References
Download: ML19106A219 (6)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON , D.C. 20555-0001 December 3, 2018 The Honorable John Barrasso Chairman, Committee on Environment and Public Works United States Senate Washington , D.C. 20510

Dear Mr. Chairman :

In accordance with the requirements of the Federal Advisory Committee Act, the Nuclear Regulatory Commission (NRC) is filing the charter for the Advisory Committee on Reactor Safeguards (ACRS). The ACRS was established by Section 29 of the Atomic Energy Act (AEA) of 1954, as amended . Its purpose is to provide advice to the Commission with regard to the hazards of proposed or existing reactor facilities , to review each application for a construction permit or operating license for certain facilities specified in the AEA, and such other duties as the Commission may request. The enclosed charter for this Committee updates the document previously filed by the NRC in December 2016 and extends the life of the Committee through December 2020.

Sincerely, fd'"1 Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

As stated cc: Senator Thomas R. Carper

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON , D.C. 20555-0001 December 3, 2018 The Honorable Greg Walden Chairman, Committee on Energy and Commerce United States House of Representatives Washington, D.C. 20515

Dear Mr. Chairman:

In accordance with the requirements of the Federal Advisory Committee Act, the Nuclear Regulatory Commission (NRC) is filing the charter for the Advisory Committee on Reactor Safeguards (ACRS). The ACRS was established by Section 29 of the Atomic Energy Act (AEA) of 1954, as amended. Its purpose is to provide advice to the Commission with regard to the hazards of proposed or existing reactor facilities, to review each application for a construction permit or operating license for certain facilities specified in the AEA, and such other duties as the Commission may request. The enclosed charter for this Committee updates the document previously filed by the NRC in December 2016 and extends the life of the Committee through December 2020.

Sincerely,

-,~ ~

(er, Eugene Dacus, Director Office of Congressional Affairs

Enclosure:

As stated cc: Representative Frank Pallone, Jr.

UNITED STATES NUCLEAR REGULATORY COMMISSION CHARTER ADVISORY COMMITTEE ON REACTOR SAFEGUARDS (Pursuant to Section 9 of the Federal Advisory Committee Act)

1. The Committee's official designation Advisory Committee on Reactor Safeguards (ACRS)
2. Authority ACRS is a statutory Committee under Section 29 of the Atomic Energy Act of 1954, as amended.
3. The Committee's objectives and the scope of Its activity
a. Section 29 of the Atomic Energy Act of 1954, as amended, provides:

"There is hereby established an Advisory Committee on Reactor Safeguards consisting of a maximum of fifteen members appointed by the Commission for terms of four years each. The Committee shall review safety studies and facility license applications referred to it and shall make reports thereon, shall advise the Commission with regard to the hazards of proposed or existing reactor facilities and the adequacy of proposed reactor safety standards, and shall perform such other duties as the Commission may request. One member shall be designated by the Committee as its Chairman. The members of the Committee shall receive a per diem compensation for each day spent in meetings or conferences, or other work of the Committee, and all members shall receive their necessary traveling or other expenses while engaged in the work of the Committee. The provisions of Section 163 shall be applicable to the Committee."

b. Section 182b. of the Atomic Energy Act of 1954, as amended, provides:

"The Advisory Committee on Reactor Safeguards shall review each application under section 103 or section 104b. for a construction permit or an operating license for a facility, any application under section 104c. for a construction permit or an operating license for a testing facility, any application under section 104a.

or c. specifically referred to it by the Commission, and any application for an amendment to a construction permit or an amendment to an operating license under section 103 or 104a., b., or c. specifically referred to it by the Commission, and shall submit a report thereon which shall be made part of the record of the application and available to the public except to the extent that security classification prevents disclosure."

c. Chapter 21, Section 313(f}, of the Atomic Energy Act of 1954, as amended {by Public Law 100-456, The National Defense Authorization Act, Fiscal Year 1989),

established the Defense Nuclear Facilities Safety Board and provides that:

"With the consent of and under appropriate support arrangements with the Nuclear Regulatory Commission, the Board may obtain the advice and recommendations of the staff of the Commission on matters relating to the Board's responsibilities and may obtain the advice and recommendations of the Advisory Committee on Reactor Safeguards on such matters."

d. 10 CFR 1.13 provides that the ACRS:

" ... upon request of the Department of Energy (DOE), reviews and advises with regard to the hazards of DOE nuclear activities and facilities; reviews any generic issues or other matters referred to it by the Commission for advice. The Committee, on its own initiative, may conduct reviews of specific generic matters or nuclear facility safety-related items."

e. The Energy Reorganization Act of 1974, as amended by Section 6 of Public Law 95-209, added the ACRS Fellowship Program providing that:

"To assist the ACRS in carrying out its function, the Committee shall establish a fellowship program under which persons having appropriate engineering or scientific expertise are assigned particular tasks relating to the functions of the Committee. Such fellowships are for two-year periods and the recipients of such fellowships shall be selected pursuant to such criteria as may be established by the Committee."

f. 10 CFR 52.23, 10 CFR 52.53, and 10 CFR 52.87 provide that the application for Early Site Permits, Standard Design Certifications, and Combined Licenses, respectively, be referred by the Commission to the ACRS and that the ACRS report on those portions of the applications which concern safety.
g. 10 CFR 54.25 provides that each application for the renewal of an Operating License for a nuclear power plant be referred to the ACRS and that the ACRS review and report on each application.
h. The ACRS shall report to and advise the Commission on issues associated with nuclear materials and waste management. The bases of reviews include 10 CFR Parts 20, 40, 50, 60, 61, 70, 71, and 72, and other closely related regulations and legislative mandates. These reviews shall include matters related to waste management, radiation health effects, and health physics as they pertain to the disposal of nuclear waste (including transportation issues) and the processing of nuclear materials.
4. Description of Duties See item 3 above .

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5. Agency or official to whom this Committee reports U.S. Nuclear Regulatory Commission
6. Agency responsible for providing necessary support for the Committee U.S. Nuclear Regulatory Commission
7. The estimated annual operating costs in dollars and staff years
a. $5,932,6441
b. 28.6
8. Designated Federal Official A full-time federal employee will serve as the Designated Federal Official (DFO) at all committee and subcommittee meetings. The DFO will approve or call all of the advisory committee and subcommittee meetings, prepare and approve all meeting agendas, attend all committee and subcommittee meetings, adjourn any meeting when the DFO determines adjournment to be in the public interest, and chair meetings when called upon to do so.
9. The estimated number and frequency of Committee meetings Frequency of meetings: 10 meetings per year of the full Committee; and an estimated 50 meetings per year of ACRS subcommittees.

1O. The time period necessarv for the Committee to carry out its purposes The Advisory Committee on Reactor Safeguards is a continuing Committee, as provided in the Atomic Energy Act of 1954, as amended (see Item 2, above).

11. Termination date Not applicable, ACRS is a statutory continuing Committee.
12. Membership and Designation The ACRS may have up to 15 members appointed as Special Government Employees, as provided in Section 29 of the Atomic Energy Act of 1954, as amended.

1 Cost figures are based on the Annual FACA GSA reporting requirements. Committee operating costs include compensation to members, staff and consultants, travel and administrative costs such as rent, graphics, mail, etc.

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13. Subcommittees The Committee may create subcommittees that report to the full committee. All work prepared by subcommittees is reviewed and approved by the full committee.
14. Recordkeeping All records of the Committee and any subcommittees shall be handled in accordance with NARA and NRC requirements and shall be available to the public for inspection and copying, subject to the Freedom of Information Act, 5 USC 552.
15. Filing Date December 3, 2018

~~ell Advisory Committee Management Officer 4