“Status of the ReACTOR Decommissioning Program” October 7, 2016 LLW Forum Ted Smith, Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs (DUWP) Office of Nuclear Material Safety and Safeguards (NMSS)

Status of the NRC’s Decommissioning Program Current Issues Topics Status of the NRC’s Decommissioning Program Experience with 1997 “License Termination Rule” Current Issues Recent Reactor Shutdowns Prompt Remediation Evaluation Decommissioning Transition and Rulemaking

Decommissioning Regulations Revised in 1997 Performance-Based and Risk-Informed Materials and Uranium Recovery Sites For Reactors, based on Lessons Learned from first 3 Power Reactor Decommissioning's Current Reactor Decommissioning Regulations were based on end of License and actions starting 5 years before planned permanent shutdown

Current Program: 20 Power Reactors 5 Research/Test Reactors 13 Complex Materials sites

Terminated Power Reactor Licenses Maine Yankee Rancho Seco

Current Issues- Premature Power Reactor Shutdowns KPS SONGS Ft. Calhoun KPS, CR, SONGS and VY in 2013- 2014 Fort Calhoun 2016 CR VY

20 Power Reactors in Decommissioning SAFSTOR - 14 Fermi -1 TMI – 2 Vermont Yankee NS Savannah Kewaunee Crystal River GE VBWR + EVSER SONGS 1 Peach Bottom 1 Indian Point 1 Dresden 1 Millstone 1 DECON - 6 Humboldt Bay Zion 1, 2 SONGS 2, 3 LaCrosse Transitioning to SAFSTOR Fort Calhoun NEXT 5? Quad Cities 1 & 2, Clinton Pilgrim, Oyster Creek Others in the NEWS

Current Issues: Prompt Remediation- Background In 2012, the Commission directed Staff to evaluate the pros and cons of a rulemaking. A Prompt Remediation Rule would mandate remediation during operations and would be an extension of the Decommissioning Planning Rule (DPR) that requires licensee to survey to identify contamination throughout the site prior to permanent shutdown. In 2013, the Commission directed the staff to gather two years of data from implementation of the DPR and evaluate whether a rule is needed.

Current Issues: Prompt Remediation- Staff Actions Evaluated groundwater monitoring reports, inspection findings, current guidance, operating experience, and changes in decommissioning fund estimates July 2016 Webinar to obtain Stakeholder input October 2016 Commission Paper Next Step – Commission Response

Current Issues: Decommissioning Rulemaking - Background SECY-00-0145 (June 28, 2000) aka “The Integrated Decommissioning Rule” Effort tabled ~2002 Post 9/11 work reprioritization Few shutdowns expected Current approach retains operating license requirements Case-by-case exemptions safe, but not efficient

Current Issues: Decommissioning Transition Proposed Rulemaking SECY-14-0118 (December 30, 2014) aka “The Decommissioning Transition Rule” By Commission direction, in response to Duke Energy’s Emergency Plan exemption request Moving from case-by-case transition, stakeholder engagement, timing of decommissioning actions Issues Technical evaluations developed for SECY-00-0145 had to be revisited, due to post 9/11 regulatory changes Many comments on initial notice, with wide-ranging perspectives

Reactor Decommissioning Transition Proposed Rulemaking New Regulations by 2019 to improve efficiency of the transition from operations to decommissioning, including: - License Amendments/defueled Tech Specs - Emergency plan exemptions - Security Plans Re-evaluate the present regulations including: The States Role, Stakeholder engagement, NRC approval of PSDAR, and 60 year timeframe to complete decommissioning

ANPR1 Comments – March 2016 1Advance Notice of Public Rulemaking

Increase involvement of State and local governments and public groups ANPR Comments - March 2016 Against relaxation of requirements with fuel still in the pool / transfer fuel to ISFSI11 ASAP Increase involvement of State and local governments and public groups Require Citizen Advisory Boards Concern with 60 year decommissioning period NRC should approve PSDAR2 Increase decommissioning funding oversight Bifurcate the Rulemaking Efficiencies vs Issues 1ndependent Spent Fuel Storage Installation 2Post Shutdown Decommissioning Activities Report

Proposed Rulemaking Schedule Regulatory Basis Phase – November 2016 Draft will go out for public comment Public meeting during comment period Final regulatory basis published in June 2017 Proposed Rule Phase – April 2018 Proposed rule out for 75-day public comment period Draft regulatory guide(s) out for comment with proposed rule Final Rule Phase – Targeted for 2019 Regulatory guide(s) issued with final rule

Summary Successful decommissioning at many facilities This experience will prove useful in addressing the recent premature plant shutdowns We are evaluating policy issues, including prompt remediation and the decommissioning transition rulemaking

Questions?

2013 Decommissioning Transition Working Group Ensure Office-wide Staff Coordination & Communications Focal point to address immediate & emergent issues and recommend the long term solutions NRR Focus on Licensing Activities NMSS Focus on Public Meetings, Media & Congressional Inquiries Point of Contact for Nuclear Energy Institute Issue Final Lessons Learned Report to Management