The Nuclear Regulatory Commission (NRC) and its Advisory Committee on Reactor Safeguards (ACRS) have been busy in recent weeks assessing issues related to the licensing of non-light water reactors (non-LWRs).

First, the NRC’s Division of Advanced Reactors transmitted a draft white paper titled “Non-Light Water Review Strategy” on September 30, 2019. As the title suggests, the white paper will “support the [NRC’s] review of applications for non-LWR designs submitted prior to the development of the technology-inclusive, risk-informed and performance-based regulatory framework . . . in 2027.” In so doing, the white paper describes both the contents of such applications and “an approach NRC staff may use to review the license basis information.”

The Nuclear Regulatory Commission (NRC) held a public meeting on August 8 to provide information and receive comments on the regulatory basis supporting the NRC’s rulemaking on physical security requirements for advanced reactors. The public meeting was the latest step in the NRC’s rulemaking process, which began on August 1, 2018, with the NRC Staff’s report to the Commission evaluating options for revising physical security regulations for advanced reactors. The Commission approved the NRC Staff’s proposed rulemaking plan on November 19, 2018. We previously reported on the NRC Staff’s report, the Commission’s Approval, and the publication of the regulatory basis for comment.

During the public meeting, NRC Staff summarized the regulatory basis and their recommendation for a limited-scope rulemaking. NRC Staff explained that the purpose of the rulemaking is to provide requirements and guidance for advanced reactor physical security and reduce the need for physical security exemptions—specifically from regulations requiring each site to have at least 10 armed responders for emergency security response (10 CFR § 73.55(k)(5)(ii)), and an on-site secondary alarm station to monitor potential issues (10 CFR § 73.55(i)(4)(iii)).

Please be aware that it appears the NRC has taken an unusual step of requesting public comment on SECY 2019-67, which is focused on proposed enhancements to the Regulatory Oversight Program (ROP). Comments are due by October 7, 2019. Please see 84FR38675. We previously reported on this SECY, which was provided by NRC Staff to the Commission, notwithstanding no requirement to do so for several of the proposed revisions. This action may have been prompted by a July 15 letter to NRC Chairman Kristine Svinicki jointly signed by the Chairman of the Committee on Energy and Commerce; Chairman of the Committee on Energy and Commerce subcommittee on Energy; Chairwoman, Committee on Appropriations; and the Chairwoman of the Committee on Appropriations Subcommittee on Energy and Water Development, and Related Agencies. We will continue to monitor developments regarding ROP modification initiatives.

NRC staff proposed to the Commission (see SECY-2019-067) certain changes to the Reactor Oversight Process (ROP) on June 28. Overall, these changes, if approved by the Commission, will result in a net reduction in the amount of time the NRC spends on planning and implementing certain inspections, and how it addresses the results of those inspections in the ROP. Proposed focus areas are as follows:

  1. Eliminate the minimum four-quarter requirement for consideration of greater-than-Green inspection findings
  2. Revise greater-than-Green–related performance indicator treatment
  3. Change the description of a White inspection finding from "low to moderate" safety significance to "low" safety significance, and change the description of a Yellow inspection finding from "substantial" to "moderate" safety significance
  4. Revise the sample sizes, which action is expected to reduce NRC inspection person-hours for several common inspections
  5. Revise the frequency of the Problem Identification & Reporting inspection from two three years
  6. Revise the Emergency Planning Significance Determination Process to focus more heavily on functions that have the greatest impact on public health and safety

The Ohio House of Representatives approved HB 6 on July 23, providing up to $150 million in financial support for the two operating nuclear plants in the state. A version of the House bill was passed by the Ohio Senate last week, and Governor Mike DeWine signed the bill into law shortly after the legislation passed the House.

Read the full text of HB 6 >>

The Nuclear Regulatory Commission (NRC) published a Federal Register notice on July 16 requesting comments on a regulatory basis supporting a “limited scope” rulemaking to develop physical security requirements for advanced reactors. For this rulemaking, “advanced reactors” means “light-water small modular reactors (SMRs) and non-light water reactors (non-LWRs)” which includes, but “is not fully coextensive with,” the definition of an “Advanced Nuclear Reactor” in the recently enacted Nuclear Energy Innovation and Modernization Act. The deadline to submit comments is August 15.

We previously reported on this rulemaking process, which started with the NRC Staff’s August 1, 2018, report to the Commission, evaluating options for revising physical security regulations for advanced reactors. We also reported on the Commission’s approval of the NRC’s Staff’s proposed rulemaking plan, which occurred on November 19, 2018. The NRC’s physical security requirements for large LWRs—in 10 CFR § 73.55>—is focused on preventing significant core damage and spent fuel sabotage. Current regulations require each site to have at least 10 armed responders for emergency security response (10 CFR § 73.55(k)(5)(ii)), and an on-site secondary alarm station to monitor potential issues (10 CFR § 73.55(i)(4)(iii)).

Representative Elaine Luria (D-VA-02) introduced the Nuclear Energy Leadership Act (NELA) (H. 3306) into the House of Representatives on June 18. According to a press release from the congresswoman’s website, NELA will help to “create high-quality jobs, strengthen national security, reduce foreign energy dependence, and promote emissions-free energy.” Original co-sponsors of the bill include Representative Denver Riggleman (R-VA-05), Representative Conor Lamb (D-PA-17), and Representative Rob Wittman (R-VA-01).

The House bill is the companion to Senate Bill 903 (S. 903) that Senators Lisa Murkowski (R-AK) and Cory Booker (D-NJ), along with 14 other original co-sponsors, reintroduced on March 27. Senators Murkowski and Booker, along with seven other bipartisan senators, originally introduced NELA on September 6, 2018, as Senate Bill 3422 (S. 3422). Although the Senate Subcommittee on Energy held hearings on S. 3422 in November 2018, it took no further action before the end of the 115th Congress. The bill consequently lapsed, requiring the senators to reintroduce it as S. 903. The bill now has 17 co-sponsors in the Senate.

Staff members from the US Nuclear Regulatory Commission’s (NRC’s) Office of Nuclear Security and Incident Response and Office of Nuclear Reactor Regulation held a public meeting on June 17 to discuss a summary of the Assessment of the NRC’s Power Reactor Cyber Security Program. In response to the Nuclear Energy Institute’s (NEI’s) PRM-73-18, “Petition to Amend 10 CFR 73.54, ‘Protection of Digital Computer and Communication Systems and Networks’,” and based on NRC guidance, this Assessment marked 10 years since the publication of 10 CFR 73.54.

The New Jersey Board of Public Utilities (BPU) approved applications submitted by PSEG Nuclear LLC seeking subsidies of up to $300 million annually, in the form of zero emission credits (ZECs), for PSEG’s Hope Creek and Salem 1 and 2 nuclear generating stations on April 18. The PSEG applications were filed on December 19, 2018, after New Jersey enacted legislation on May 23, 2018, establishing a ZEC program for the state (the ZEC Act).

The US Nuclear Regulatory Commission (NRC) Office of Investigations (OI) recently published its Office of Investigations Annual Report FY 2018. The report provides an overview of OI’s activities during the previous fiscal year and shows that OI opened 12% fewer cases than in 2017. Of the 101 cases opened in FY 2018, 40% were discrimination cases, a 4% increase from FY 2017. “Discrimination” in this context refers to retaliation for engaging in protected activities established in Section 211 of the Energy Reorganization Act of 1974, as amended. Discrimination has remained the largest case category for the past three years. Material false statement investigations reflect 16% of the cases OI opened in FY 2018, a 4% decrease from FY 2017. Investigations into other alleged violations of NRC regulations reflect 27% of the cases OI opened in FY 2018, and investigations opened to provide assistance to the NRC staff reflect 18% of the cases OI opened in FY 2018.