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

Public Meeting:

Status of Rulemaking to Align Licensing Processes and Incorporate Lessons Learned from New Reactor Licensing 1

March 2, 2021 ADAMS Accession No. ML21048A038

2 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

3 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

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

5 NRC STAFF PRESENTATION

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

7 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

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

• Described in SECY-15-0002

• Commissions direction in SRM-SECY 0002

• Analyze alternatives for resolution

• Public Meeting

• 75-day public comment period

• Proposed rule text

• Public meeting

• 75-day public comment period

• Final rule text Opportunities for public participation

9 Staffs Milestones of Rulemaking Activities

• Started scoping and outreach October 1, 2018

• Held public meeting January 15, 2019

• Internal alignment on scope of RB July 11, 2019

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

• Held ACRS meeting September 20, 2019

10 10 Staffs Milestones of Rulemaking Activities (contd)

• Held public meeting November 21, 2019

• First draft of RB inputs completed February 2020

• Held public meeting April 29, 2020

• Published RB and FRN January 2021

• Evaluate comments on RB Ongoing

11 11 Next Steps

• Hold ACRS meeting March 2021

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

• Complete technical development of the proposed rule October 2021

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

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

12 12 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

13 13 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

14 14 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

15 15 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 Licensing Physical Security Fitness For Duty Emergency Planning Part 52 Licensing Process Environmental Topics Applicability of Other Processes to the 10 CFR Part 52 Process Miscellaneous Topics

16 16 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

17 17 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

18 18 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

19 19 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

20 20 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

21 21 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

22 22 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

23 23 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

24 24 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)

25 25 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)

26 26 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

27 27 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

28 28 Appendix K:

Miscellaneous Topics Use of ASME BPV Code,Section XI, under Part 52 Notice of issuance of findings re:

ITAAC Applicability of 10 CFR Part 21 definitions to Part 52 Safety Parameter Display System console Reporting errors and changes in ECCS models Change process for plant-specific TS bases Notice to NRR of information with significant implications Risk-informed approach to generic safety issues Completion of power ascension testing Description of ITAAC completion at COL issuance

• Appendix K addresses lessons learned for several topics covered across Title 10

29 29 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

30 30 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

31 31 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)

32 Questions

33 33 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

34 34 Rulemaking Schedule Issue final rule Issue final rule

• October 2024 Submit proposed rule to the Commission Submit proposed rule to the Commission

• May 2022 Start drafting proposed rule Start drafting proposed rule

• April 2021

35 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 Contact Information

How Did We Do?

• Link to NRC Public Meeting Feedback form:

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

How to Stay Informed and Involved 37 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

38 SUPPORTING INFORMATION

39 39 References Document Title ADAMS Accession Number/FR Citation 86 FR 7513 - Regulatory Basis-Alignment of Licensing Processes and Lessons Learned From New Reactor Licensing 86 FR 7513 04/29/2020 - Public Meeting to Discuss the Status of Rulemaking to Align Licensing Processes and Apply Lessons Learned from New Reactor Licensing [NRC-2009-0196; RIN 3150-AI66]

ML20141L609 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; Petition for Rulemaking for 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants (Pkg)

ML20008D640 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 Licensing Processes and Apply Lessons Learned from New Reactor Licensing (NRC-2009-0196)

ML19344C768 Transcript of the Advisory Committee on Reactor Safeguards Regulatory Policies & Practices-Part 50 52 Meeting - September 20, 2019 ML19294A009 SECY-19-0084, Status of Rulemaking to Align Licensing Processes and Lessons Learned from New Reactor Licensing (RIN 3150-AI66)

ML19161A169 SECY-19-0034, Improving Design Certification Content ML19080A034

40 40 References (contd)

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

41 41 References (contd)

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

nuregs/staff/sr0800/

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

ML18093B087 NRC NUREG-1409, Revision 1, Backfitting Guidelines., Draft Report for Comment, dated ML18109A498

42 42 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 Section VI.B.6 Part 52, Appendix D,Section VI.B.6 reads except as provided in paragraph VIII.B.5.f... but the reference is incorrect. It should be except as provided in paragraph VIII.B.5.g... (rather than VIII.B.5.f).

Part 52 Appendix E Section VI.B.6 Part 52, Appendix E,Section VI.B.6 reads except as provided in paragraph VIII.B.5.f... but the reference is incorrect. It 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 component Revise definition by deleting text in brackets as follows:

(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.

43 43 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.

44 Current Scope

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 Current Scope (contd)

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