Morning Briefing - October 31, 2017
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October 31, 2017

NRC to Release Final Regulatory Basis for Decommissioning Rulemaking

By ExchangeMonitor

The U.S. Nuclear Regulatory Commission is scheduled in November to release the final regulatory basis for its decommissioning rulemaking.

The agency expects in 2019 to complete the rulemaking, which is intended to clarify and enhance the process of decommissioning nuclear power plants through amendments to current regulations. The focus is on reducing the need for site-specific exemptions to safety rules for closed facilities that pose a lesser danger than operational power plants.

The regulatory basis will set the parameters for what is included in the rulemaking. Staff found there is adequate justification to move ahead with rulemaking in five areas: emergency preparedness, physical security, decommissioning trust funds, off-site and on-site financial protection requirements and indemnity agreements, and application of the backfit rule.

Other areas, such as the role of state and local governments in decommissioning, would receive guidance rather than new rules. NRC staff has not decided on whether rulemaking is required for five additional matters: cybersecurity, drug and alcohol testing, minimum staffing and training requirements for certified fuel handlers, aging management, and fatigue management.

Staff expects to submit the draft proposed rule and draft regulatory guidance to the commission next spring for consideration, and then the draft version of the final rule and final regulatory guidance in fall 2019, according to PowerPoint slides posted on the agency website, which are for a Wednesday presentation at the NRC Division of Spent Fuel Management 2017 Regulatory Conference.

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