emergency preparedness rulemaking on transition to ... · • change processes to minimize...

Emergency Preparedness Rulemaking on Transition to Decommissioning and

Small Modular Reactors and Other New Technologies

Robert Kahler, Chief

Policy and Oversight Branch

Division of Preparedness and Response

Office of Nuclear Security and Incident Response

National Radiological Emergency Preparedness Conference April 17, 2018

Decommissioning Rulemaking

2 National Radiological Emergency Preparedness Conference April 17, 2018

• Current Emergency Preparedness (EP)

Regulatory Framework

• Operating Power Reactor

• 10 CFR 50.47

• 10 CFR 50.54(q), (s), and (t)

• 10 CFR Part 50, Appendix E

• Independent Spent Fuel Storage Installation

(ISFSI) and Monitored retrievable (pool)

storage (MRS)

• 10 CFR 72.32


• Current EP Regulatory Framework

• EP regulations for operating reactors • Do not address risk for permanently shutdown and

defueled reactors

• Exemptions from regulations provide

regulatory relief on a case-by-case basis • Requires multiple filings on the licensees docket


Current and Future Sites

Ft. Calhoun

Oct 24, 2016

Indian Point

Unit 2 April 2020

Unit 3 April 2021

Palisades Spring 2022

Pilgrim May 2019

Oyster Creek Oct 2018


Commission-Directed Rulemaking

• SRM SECY-14-0118 • Crystal River Exemption Request Approval

• Graded Approach to EP • Commensurate with reductions in

radiological risk


Proposed Rulemaking Areas

Emergency

Preparedness Physical Security Fitness for Duty

Training Requirements

for Certified Fuel

Handlers

Current Regulatory

Approach for

Decommissioning

Application of

Backfitting Protection

Decommissioning

Trust Funds

Offsite and Onsite

Liability Protection

General Questions

(e.g., Cumulative

Effects of Regulation)


EP Regulatory Documents

• RIN Number: 3150-AJ59 • www.Regulations.Gov • Docket ID NRC–2015–0070 • Appendix A – Emergency Preparedness

• ADAMS No. ML17018A040 • EP Research Study

• ADAMS No. ML16110A416 o Analysis of Mitigative Actions o Spent Fuel Decay Time o Dose Rate of Accidental Radiological Release from

Spent Fuel Pool

• Decommissioning Regulatory Basis • ADAMS No. ML17215A010


http://www.regulations.gov/

Level 1

Post Shutdown

Emergency Plan

(PSEP)

~ 10 - 16

months

Level 2

Permanently

Defueled

Emergency Plan

(PDEP)

Level 3

ISFSI Only

Emergency

Plan

(IOEP)

~ 5 years

Level 4

Cessation of

Power Operations and

Permanently Defueled

Power

Operations

Permanent

or Interim

Waste

Storage

Available


Proposed Concept for EP

Decommissioning Regulations

• Implementation of a graded approach to EP • Maintain reasonable assurance commensurate

with radiological risk • Offsite Radiological Emergency Preparedness

• FEMA assessment • Change processes to minimize licensing actions

• Transitioning to Levels • Changes within Levels • Changes in EAL Classifications and Scheme(s)

10 National Radiological Emergency Preparedness Conference

April 17, 2018

Decommissioning Rule Schedule

• November 2017

– Regulatory Basis issued (ADAMS No.ML17215A010)

• December 2018

– Proposed Rule issued for public comment

– Public Comment period 75 days

– Draft guidance will accompany the proposed rule

• September 2019

– Target: Provide Final Rule/Final Regulatory Guidance to the Commission

• December 2019

– Issue Final Rule/Final Regulatory Guidance


EP4SMR&ONT Rulemaking

EP Rulemaking for SMR/ONT

• Current Regulatory Basis is the same EP for Large LWR

– Appendix E to Title 10 of Part 50 footnote states:

• NRC will evaluate EPZ size on a Case-by-Case basis if < 250MwT or Gas-cooled Rx


Commission Directed Rulemaking

• SRM SECY-15-0077

– Options for EP for SMR and ONT

– Approval for Rulemaking

• SRM SECY-16-0069

– Rulemaking Plan Schedule

• Graded Approach to EP

– Commensurate with the radiological risk


14

• Develop a clear set of rules and guidance for SMRs and ONT

Principle of dose-at-distance and consequence-oriented approach to determine EPZ size

Risk-Informed, Performance Based

Technology Neutral or Inclusive

EP Rulemaking for SMRs and ONT


• Regulatory Basis provides

– policy and legal issues

– stakeholder interactions

– lessons learned from recent licensing of large light water reactors

– next steps in the rulemaking process

– the elements for reasonable assurance determination of adequate protection of public health and safety



• Proposed Rule and Guidance:

– Performance-based, risk-informed

– Some capability based planning standards

– Consequence-oriented, graded-approach

– Technology-inclusive, but does not alter existing nuclear power reactor EP requirements

– Recognizes offsite response & preparedness



Emergency Preparedness Rulemaking for SMR/ONT

• Proposed Rule would:

– Allow for smaller EPZ sizes than those for existing nuclear power reactors

– Require analysis of accident spectrum and consequences

– Require the use of performance indicators to monitor E-plan performance and trends

– NOT change the EPZs or EP requirements for existing nuclear power reactors


• Proposed Performance Measures: • Event mitigation • Protective actions • Communications • Command and control • Staffing • Radiological assessment

• Proposed Guidance:

• General information (non-design specific)

19

Emergency Preparedness Rulemaking for SMR/ONT


EP SMR/ONT Rulemaking Schedule

• Regulatory Basis issued (ADAMS No.ML17206A265)

– November 2017

• Proposed Rule/Draft Regulatory Guidance

– Comment period 60 days –to be issued in January 2019

– Draft guidance will accompany the proposed rule

• Final Rule/Final Regulatory Guidance

– Target: Provide to the Commission February 2020


EP Rulemaking Documents for SMR/ONT

• Rulemaking information • RIN Number: 3150-AJ68 • www.Regulations.Gov • Docket ID NRC–2015–0225 • Regulatory Basis ADAMS No. ML17206A265


http://www.regulations.gov/

Questions?

Contact Information:

Robert Kahler

Branch Chief

U.S. NRC

[email protected]

(301) 287-3756


mailto:[email protected]