1. 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

2. Recent and Planned Reactor Shutdowns
Six power reactors shut down since 2012
Announcements of plans for thirteen additional reactors to shut down between
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)

3. 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.

4. Commission Direction
In SRM-SECY , 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

5. 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 ; ADAMS Accession No. ML18012A019

6. 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)

7. 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)

8. Graded Approach LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 Emergency Preparedness
Docketing of § 50.82/§  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

9. 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

10. 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

11. 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)

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

13. Sources of Comments on Draft Regulatory Basis

14. 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