Decommissioning Rulemaking Meena Khanna, Chief Reactor Rulemaking and Project Management Branch Division of Rulemaking Office of Nuclear Material Safety and Safeguards Low-Level Radioactive Waste Forum October 4, 2018

Recent and Planned Reactor Shutdowns Six power reactors shut down since 2012 Announcements of plans for thirteen additional reactors to shut down between 2018-2025 Potential for additional shutdowns is uncertain Possible factors affecting licensees’ decisions: Long-term availability of less expensive power Increasing plant modification, maintenance, and repair costs Requests for license amendments and regulatory exemptions NRC staff issued a Lessons Learned Report (ML16085A029)

Lessons Learned Early engagement between licensees and NRC can provide substantial benefits. Licensees should start preplanning before permanent cessation of operations and submit licensing actions well ahead of need dates. Appropriate use of established precedent can expedite NRC staff review. Public and intergovernmental outreach can result in a smoother transition. Rulemaking can provide a more efficient, open, and predictable process than plant-specific licensing actions.

Commission Direction In SRM-SECY-14-0118, the Commission directed staff to address the following issues in the rulemaking: Graded approach to emergency preparedness Lessons learned from recently shutdown plants NRC approval of post-shutdown decommissioning activities report Maintaining three existing decommissioning options and associated timeframes Role of State and local governments and non-governmental stakeholders in the decommissioning process Other issues deemed relevant by staff

Rulemaking Activities Advance Notice of Proposed Rulemaking was issued for comment in November 2015 80 FR 72358 Draft Regulatory Basis (RB) was issued for comment in March 2017 82 FR 13778; ADAMS Accession No. ML17047A413 Regulatory Analysis (RA) for Draft RB was issued for comment in May 2017 82 FR 21481; ADAMS Accession No. ML16271A511 Staff held a public meeting in May 2017 RB was issued in November 2017 82 FR 55954; ADAMS Accession No. ML17215A010 RA for RB was issued in February 2018 83 FR 5373; ADAMS Accession No. ML17332A075 Draft Proposed Rulemaking delivered to Commission for vote in May 2018 SECY-18-0055; ADAMS Accession No. ML18012A019

Outreach Efforts Public meetings and Regulatory Information Conferences (2016, 2017, 2018) Conference call with State of Vermont (2017) Low-Level Waste Forum (2017, 2018) National State Liaison Officer Conference (2017) Decommissioning and Used Fuel Strategy Summit (2017, 2018) Bilateral meetings with Taiwan (2017, 2018) American Nuclear Society conference (2017) Division of Spent Fuel Management Regulatory Conference (2017) Meetings with NEI Briefing to Congressional representatives (2018)

Overview of Draft Proposed Rule Proposed changes to Parts 20, 26, 50, 51, 52, 72, 73, 140, involving 14 technical areas Overarching Philosophy: Provide for an efficient decommissioning process, while maintaining public health and safety Address other decommissioning issues as deemed necessary by the staff Propose new provisions as alternatives, avoiding backfits Use a graded approach to reflect reduction in risk (emergency preparedness, physical security, cyber security, onsite/offsite insurance)

Graded Approach LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 Emergency Preparedness   Docketing of § 50.82/§ 52.110 Certifications Permanent Cessation of Operations + 10 Months (BWR) or 16 Months (PWR) All Fuel in Dry Cask Storage All Fuel Offsite LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 Permanently Defueled Emergency Plan (PDEP) ISFSI Only Emergency Plan (IOEP) Allows for certain physical security plan changes without prior NRC approval Can transition from §73.55 to §73.51 requirements Removal of cyber security requirements Reduction of onsite insurance to $50 million Reduction of offsite insurance to $100 million Emergency Preparedness Physical Security Cyber Security Onsite/Offsite Insurance Post Shutdown Emergency Plan (PSEP) Permanent or Interim Waste Storage Available

Draft Proposed Rule Emergency preparedness Environmental considerations Physical security Cyber security Record retention requirements Drug and alcohol testing Low-level waste transportation Certified fuel handler definition and elimination of the shift technical advisor Spent fuel management planning Application of the backfit rule Decommissioning funding assurance Foreign ownership, control, or domination Offsite and onsite financial protection requirements and indemnity agreements Clarification of the scope of the license termination plan requirement

Draft Proposed Rule, Cont’d The NRC staff recommended addressing some topics via updated guidance or inspection procedures in lieu of rulemaking.  These topics include: Post-shutdown Decommissioning Activities Report submittals The role of State and local governments in the decommissioning process Aging management of certain plant systems, structures, and components

Guidance The NRC staff will publish the following draft guidance documents for public comment at the same time that the proposed rule is published. Draft Regulatory Guide DG-1346, “Emergency Planning for Decommissioning Nuclear Power Reactors” (ML17311B018) Draft Regulatory Guide DG-1347, “Decommissioning of Nuclear Power Reactors (ML17347A794) Draft Regulatory Guide DG-1348, “Assuring the Availability of Funds for Decommissioning Production or Utilization Facilities” (ML17348B485) Draft Regulatory Guide DG-1349, “Standard Format and Content for Post Shutdown Decommissioning Activities Report” (ML17353A727)

Stakeholder Feedback Specific topics of interest Emergency Preparedness Role of local entities in decommissioning process/community advisory boards PSDAR/environmental reviews Decommissioning Trust Funds

Sources of Comments on Draft Regulatory Basis

Path Forward Proposed Rule/Draft Regulatory Guidance Awaiting Commission direction Public meeting will be held after Proposed Rule and Draft Regulatory Guidance are issued for public comment Final Rule/Final Regulatory Guidance Provide to the Commission in Fall 2019 Public meeting will be held to discuss implementation of the rule prior to delivering rule to the Commission for vote