Industry Perspectives on the Develop

Recycling Regulations

Rod McCullum, Nuclear Energy Institute

May 13, 2009 
Integrated Used Fuel Manageme

 Industry supports a three-pronged approach to u

management

– Interim storage at reactor sites and centralized lo– Recycling

• present day recycling technologies• d l t f d d d f l li t h l 

developmen

t o

f a

dvance

d use

d

fuel recycling 

tec

hnolog

• new fuel types and improved waste forms• new reactor designs

– Permanent disposal facility

 Blue Ribbon Panel considering options
Industry Support for Recycling 

 Recycling benefits the long term future of nuclea Recycling technology should be deployed at the 

appropriate time

– Technology decisions will be market-driven– Regulatory uncertainty affects market conditions

 Regulatory infrastructure to support recycling is 

– Must be available to inform future decision-making– Regulatory framework should be built on what we hav

from U.S. and international experience with present datechnologies 

– The framework should be structured so that it can evo

accommodate advanced technologies ahead of the nedo so
Obama Administration Support for Re

 Enabling sustainable fuel cycles identified as on

five “nuclear imperatives” (1)

 “Work on advanced reactor technologies, fuel c

technologies, waste management, and cross-cutechnologies and transformative concepts will hensure that nuclear energy remains a safe secensure that nuclear energy remains

a safe, sec

economical source of clean energy” (2)

 Developing sustainable fuel cycles identified as 

of four “nuclear R&D objectives” (3) 

(1)Pete Miller, Assistant Secretary of Energy, presentation to NAS NRSB 12(2)Steven Chu, Secretary of Energy, Congressional Testimony, 3/10/2010(3)Buzz Savage, Dep. Assist. Secy. For Fuel Cycle Technologies, presentat

Storage Forum 5/4/2010
Blue Ribbon Commission Consideration of R
Regulatory Infrastructure that meet

current need

 A new rule should be promulgated expeditiously 

proposed in NEI recommended Part 7X)

 Rule should be technology neutral Rule should be risk-informed and performancebased

– approaches are well suited for technology neutra

 Rule should accommodate potential advanced 

separations technologies (e.g. via reserved sectand regulatory guidance)

 Rulemaking should advance at pace that will pro

actively inform ongoing decision-making
SECY 09-0082

“The reprocessing framework will enable licensin

pyroprocessing facilities due to a risk-informedperformance-based approach. However, the framework will not support fast reactors, the usdisp p py p osition path for pyroprocessed fuel...... Additionally, applications that result in separatpure streams of various transuranics, such as americium and neptunium, and others, as demonstrated in some uranium extraction (i.e.UREX+) reprocessing applications will require further evaluation.”
Suggested Approach 

 NEI proposed Part 7X is technology neutral  NRC should move forward with rulemaking, s

technology neutral to the maximum extent po

 If there is an area where technology neutrality 

problematic NEI suggests NRC build in problematic, NEI suggests NRC build in

mechanisms (e.g. reserved sections) to accommodate potential future technology spefeatures.

 Industry would be interested in engaging in 

additional dialogue on this topic
Regulatory Gaps to be discussed to

 #3 HLW/WIR Definition – John Greeves #5 Risk Considerations – Bob Pierson #8 Risk Informing Pt 73/74 – Jack Bailey #9 B li D i C it i #9

Baseline 

Design 

C

riteria 

– R b tH o

ber

t

Hogg
Conclusion

 The nuclear industry is pursuing an integrate

approach to commercial used fuel managem

 There is broad agreement that recycling shou

of this approach

– This is reflected in current Administration Policy– This is reflected in the Blue Ribbon Commission C

 There are multiple potential ways to impleme

recycling 

– Decision-making on approaches and timeframes a

evolving

– This evolution must be informed by knowledge of t

regulatory framework in which it will occur
GAP 3

John Greeves
GAP 3

 GAP: NRC lacks regulations defining certain wa

streams from spent fuel recycling as waste incidrecycling (WIR) rather than HLW.

 Staff basis: The staff has long held the view that 

waste resulting from reprocessing would be HLW

 The criteria contained in the NDAA section 3116 

be used to define WIR in a Part 7X rule.

– NRC has the authority to address “highly radioactive” 

“sufficient concentrations” in the definition of WIR

 What is NRC staff view on industry recommenda

(ML093030353) for defining WIR in this manner
HLW/WIR EVOLUTION
Industry Recommendation

• Define HLW & Waste Incidental to Recycling 

Part 7X

• HLW is the highly radioactive material result

from recycling of spent nuclear fuel and any 

other material from such waste that contains other material from such waste that contains

fission products in sufficient concentrations. HLW does not include waste incidental to recycling.

• This recommendation is a more technology 

neutral version of that provided in industry’s original white paper 
Industry Recommendation

WIR is: Waste material resulting from recycling of spent n

produced directly in recycling and any solid material de

such waste that contains fission products that is not so 

radioactive or contains insufficient concentrations of fisproducts to be classified as HLW. Such waste is not so hi

g y hl

y radioactive or of sufficient 

concentration if it 

(1) has been processed to remove key radionuclides to 

maximum extent that is technically and economically pr

and 

(2) either meets Class C concentrations under 10 CFR 

will meet the performance objectives in 10 CFR part 61C if disposed of in a near surface disposal site based ospecific performance assessment. 
Justification

• Builds on section 3116 and past NRC polic

and practices

• Defines WIR consistent with “highly radioac

and “sufficient concentration”

• S ti 3116 d fi WIR l f ID d 

Section 3116, defines WIR only for ID and 

• Section 3116 has been successfully implem• Provides regulatory certainty• Provides predictability• Provides transparency• Is technology neutral
Industry Recommendation

 Industry recommends that NRC define WIR 

manner consistent with the precedent set in NDAA 3116, 2005

 Industry is interested in engaging NRC and 

oth thi t i i ifi d d t il 

thers on this 

topic in a specific an

d

d

e

t

ail

e

follow-up discussion
Gap 5

Bob Pierson
GAP # 5

 Issue: qualitative/ISA vs. quantitative/PRA 

assessment of risk

 Basis: Recycling facility will have a higher 

source term than that of other fuel cycle fac

 The NRC Identified Gap: The risk assessm

by 10 CFR Part 70 involves an integrated sby 10 CFR Part 70 involves an integrated s

assessment (ISA) , and allows a qualitative characterization of the consequences and likelihoods of credible accident sequences Currently , these existing requirements do nadequately address the increased risk a reprocessing facility poses relative to that oother fuel cycle facilities
What Does NRC Regulate

 NRC’s primary responsibility is to regulate 

radiological hazards

 Agency also addresses certain hazardous 

chemicals

– Chemicals that are radioactive themselves

– Those that result from the processing of licensed nu

material

– Those that have the potential for adversely affecting 

radiological safety
Hazard Identification for Recyc

Facilities

 To identify hazards must have design specific 

information on and be able to assess many factors, including;

– Radiological properties

• (Radioactive half-life, biological half-life, particle 

– Conditions for the presence or accumulation of 

fissionable materials

– Chemical hazards

• (Toxicity, flammability, potential reactions)

 Assigning numerical probability values to thes

hazards is very inexact
Discussion

– Chemical processes do not lend themselves to Boolea

evaluation

– Brookhaven National Laboratory report on Red Oil Exc

noted “the very limited data available for equipment fapotential human errors in fuel cycle” allowed for a “limquantitative analysis

– Unlike reactors, no high energy systems and most eve

sequences are not coupled sequences are not coupled

– Mixed Oxide Fuel Fabrication Facility application subm

a qualitative ISA, with the exception of Natural PhenomHazards

– INRA GNEP experience (compared ISA approach to P

approach for some distinct events)

– International experience (France ~ISA, Japan ~ISA/S-– For on-site worker:

• Unique to Part 70/7x, as Part 50 facilities do not have a 

performance requirement for workers

• Other safety analysis techniques are more appropriate
Industry Recommendation

 NEI believes that the existing requirements 

an ISA address the safety hazards a recyclfacility poses

 ISA can be supplemented by quantitative 

assessments for high consequence events involvin

gp p individuals ex

posed to fission 

prod

outside the controlled area

 NEI Part 7X recognizes this
Gap 8

Jack Bailey
GAP # 8

 The current quantity-based categorization schem

the existing regulations may pose an undue regulatory burden in operating a reprocessing facility. Risk-informing 10 CFR Part 73, “PhysicaProtection of Plants and Materials Protection of Plants and Materials, ” and 10 CFR 

and 10 CFR 

74, “Material Control and Accounting of Special Nuclear Material,” is needed to prevent unintendconsequences associated with a quantity-based material categorization scheme for potential materials resulting from a reprocessing operatioSECY-09-0082.
NEI August 7, 2009 Letter

 Clear regulatory framework needed to 

understand the requirements that a design must meet, which affects costs and informs the business case

 Implement a categorization scheme that 

considers additional factors in determinin

g

material attractiveness

 Initially implement regulations that address 

MOX fuels and their transportation

 NRC should not delay in working with DOE 

on the “further evaluation” described by NRC staff in SECY-09-0082 regarding regulations to deal with other actinides, such as americium and neptunium 
Industry Recommendation

 Implement graded approach to safeguards and 

material attractiveness

 Implement regulations in the near-term that addr

MOX fuel safeguards, security and transport

 Build into re

g y ulation the abilit

y to accommodate 

advanced recycling schemes (e.g. separate streof americium and neptunium)

 Coordinate with appropriate foreign and domesti

regulators/governments (e.g. DOE, DOS, IAEA)

 In coordination with industry, develop a design b

threat to support safeguards and security rule m

 Any NRC feedback on NEI’s August 7, 2009 lette
Gap 9

Robert Hogg
GAP # 9

• Existing baseline design criteria (BDC) in 10 

Part 70 do not comprehensively address hazposed by the operation of a reprocessing fac

• Some of the General Design Criteria in Appe

A d th i 10 CFR P t 70 d 10 CFR A, and those in 10 CFR Part 70 and 10 CFR 

72 may be appropriate for reprocessing and recycling facilities. These can be the starting for development of BDC’s for reprocessing facilities.

• Is the NEI list of BDC adequate?
Justification

 Recycling of LWR used nuclear fuel by aqueo

processes (i.e. PUREX, Aqueous Polishing) is mature technology

 Design criteria for PUREX and MOX processe

are i t f iliti d th ld t d in use at facilities around the world today

 NRC can validate the completeness of the ex

BDC for a wide range of recycling processes pyroprocessing)
Justification

• “The NEI white paper contained examples of 

BDC, expanded beyond those in 10 CFR ParThe BDC comprehensively cover five main categories: Overall requirements, Radiologic

Protection Chemical and Hazardous MateriaProtection, Chemical and Hazardous Materia

Protection, Equipment Services Protection, aFacility Confinement Protection. These categencompass many of the important and signifisafety aspects related to reprocessing and associated facilities.” – SECY-09-0082 (emphadded)
Industry Recommendation

 NEI list of BDC in the white paper is comple

adequate for existing recycling technologies on the adequacy of Parts 50, 70, and 72 and industry’s international experience.

 Hold open (and identify potential additional B

Hold open (and identify potential additional B

topics for) “reserved” sections in NRC rulemfor BDC to be applied for future technologies