RESPONSE SHEET

TO: Annette Vietti-Cook, Secretary
FROM: COMMISSIONER SVINICKI
SUBJECT: SECY-15-0077: OPTIONS FOR EMERGENCY

PREPAREDNESS FOR SMALL MODULAR REACTORS
AND OTHER NEW TECHNOLOGIES

Approved XX_Disapproved Abstain Not Participating

COMMENTS: Below XX_ Attached None

| approve the staff's recommendation to initiate rulemaking as described in the paper. Given the
forecasted duration of the rulemaking activity, and the need for extensive stakeholder outreach
on the underlying topic, it will likely not be possible to establish a new rule by the time of initial
small modular reactor reviews. For these cases, the staff should be prepared to adapt an
approach to emergency planning zones for SMRs under existing exemption processes, in
parallel with its rulemaking efforts.

GNATURE

o7/ZD 115
DATE

Entered in “STARS” Yes _, / No


Commissioner Baran’s Comments on SECY-15-0077, “Options for Emergency
Preparedness for Small Modular Reactors and Other New Technologies”

The staff paper seeks Commission approval of the staff's recommendation to initiate a
rulemaking to revise regulations and guidance related to emergency preparedness for small
modular reactors (SMRs) and other new technologies, such as non-light-water reactors and
medical isotope production facilities. The staff is anticipating a number of applications in the
coming years, with an early site permit application for an SMR facility expected as early as the
first quarter of next year. These applications likely will seek emergency planning zones (EPZs)
smaller than the traditional 10-mile EPZs for large light-water reactors based on the smaller
source terms associated with their smaller reactor cores and new reactor designs that include
passive safety features. NRC may receive applications that would limit the EPZ to the site
boundary. The staff proposes a rulemaking to establish scalable EPZs for SMRs and other new
technologies by requiring applicants to demonstrate that EPA’s Protective Action Guides dose
limits are not exceeded at the outer bound of a proposed site-specific EPZ. Under this
approach, the size of a SMR’s EPZ would depend on the potential consequences of a release
from a severe accident.

| approve the staff's recommendation to initiate a rulemaking on emergency
preparedness for SMRs and other new non-light-water reactor technologies. A rulemaking will
provide regulatory certainty to potential applicants and offer the public an opportunity to
comment on novel approaches to emergency preparedness. Without a rulemaking, potential
applicants likely would seek exemptions from NRC’s existing EPZ requirements, which were
established for large light-water reactors. Relying on the exemption process would result in
NRC making important and potentially controversial safety decisions without hearing the views
of interested stakeholders. The exemption process also would not provide regulatory clarity and
transparency to future applicants and other stakeholders. Although some applications may be
submitted and reviewed before completion of the rulemaking, the staff analysis and public
comments for the rulemaking could inform the staff's review of exemption requests for those
initial applications.

Some aspects of the technical work on the ongoing decommissioning rulemaking
probably will inform the technical work on the SMR emergency preparedness rulemaking.
However, the two rules should be developed separately so as not to delay the decommissioning
rulemaking, which should be completed by 2019.


Chairman Burns comments on SECY-15-0077
Options for Emergency Preparedness for Small Modular Reactors
and Other New Technologies

| approve the staff's recommendation to pursue Option 1 under which the staff would develop an
emergency preparedness (EP) framework containing regulations and guidance for small
modular reactors (SMRs) and other technologies separate from the existing EP regulations for
the current operating fleet of large light-water reactors. | agree with my colleagues that this
approach will provide greater regulatory stability and more opportunity for external stakeholder
involvement in the development of EP requirements for SMRs and non-light-water reactor
technologies.

In developing the EP framework for SMRs and other technologies, the staff should keep the
Commission’s previous direction in mind. In the Staff Requirements Memorandum for SECY-
14-0038, “Performance-Based Framework for Nuclear Power Plant Emergency Preparedness
Oversight,” the Commission stated:

The staff should be vigilant in continuing to assess the NRC’s emergency
preparedness program and should not rule out the possibility of moving to a
performance-based framework in the future. The Commission notes the potential
benefit of a performance-based emergency preparedness regimen for small
modular reactors, and the staff should return to the Commission if it finds that
conditions warrant rulemaking.

This rulemaking provides an opportunity for the staff to further explore the pros and cons
of a performance-based EP framework.

eu en G. Burns
24 (esky 2015



RESPONSE SHEET

TO: Annette Vietti-Cook, Secretary
FROM: COMMISSIONER OSTENDORFF
SUBJECT: SECY-15-0077: OPTIONS FOR EMERGENCY

PREPAREDNESS FOR SMALL MODULAR REACTORS
AND OTHER NEW TECHNOLOGIES

Approved X __ Disapproved Abstain Not Participating

COMMENTS: Below X Attached None

| approve the staff's proposal to initiate a rulemaking to revise regulations and guidance for
emergency preparedness (EP) for small modular reactors (SMRs) and other new technologies
such as non-light water reactors (non-LWRs) and medical isotope production facilities. This
rulemaking will provide greater clarity and regulatory stability for future applicants and greater
transparency for all stakeholders as the agency considers the appropriate EP requirements for
these facilities. The staff should coordinate these efforts, as appropriate, with the Regulatory
Improvements for Power Reactors Transitioning to Decommissioning rulemaking, which also
addresses EP, and staff actions to address Tier 3 post-Fukushima items. | recognize that this
rulemaking will take time to develop and that it is not practical to complete this effort before the
expected submission date of the first SMR application. However, the staff should strive to
complete this rulemaking in order to support issuance of any new permit, license, or
certification, rather than rely on the exemption process. The staff should provide a plan and
schedule for this rulemaking within six months. | ask that the staff keep the Commission
informed as the technical basis is being developed.

LL0e7

SIGNATURE

7 boli

DATE

Entered in “STARS” Yes No


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SECRETARY COMMISSION VOTING RECORD

DECISION ITEM: SECY-15-0077

TITLE: OPTIONS FOR EMERGENCY PREPAREDNESS FOR
SMALL MODULAR REACTORS AND OTHER NEW
TECHNOLOGIES

The Commission (with all Commissioners agreeing) approved the subject paper as recorded in
the Staff Requirements Memorandum (SRM) of August 4, 2015.

This Record contains a summary of voting on this matter together with the individual vote
sheets, views and comments of the Commission.

\
Mn Mags Lf

Annette L. Vietti-Cook
Secretary of the Commission

Enclosures:
1. Voting Summary
2. Commissioner Vote Sheets

ce: Chairman Burns
Commissioner Svinicki
Commissioner Ostendorf
Commissioner Baran
OGC
EDO
PDR


RESPONSE SHEET

TO: Annette Vietti-Cook, Secretary
FROM: Commissioner Baran
SUBJECT: SECY-15-0077: OPTIONS FOR EMERGENCY

PREPAREDNESS FOR SMALL MODULAR REACTORS
AND OTHER NEW TECHNOLOGIES

Approved X_Disapproved Abstain Not Participating
COMMENTS: Below Attached X None
Lh be—~
SIGNATURE
MWroshy
DATE

Enteredin “STARS” Yes X No


CHRM. BURNS

COMR. SVINICKI

VOTING SUMMARY - SECY-15-0077

RECORDED VOTES

APRVD DISAPRVD ABSTAIN PARTICIP COMMENTS

xX

X
COMR. OSTENDORFF_ X
Xx

COMR. BARAN

xX

X
xX
X

DATE

7/24/15
7/20/15

7/10/15
7/23/15


RESPONSE SHEET

TO: Annette Vietti-Cook, Secretary
FROM: Chairman Burns
SUBJECT: SECY-15-0077: OPTIONS FOR EMERGENCY

PREPAREDNESS FOR SMALL MODULAR REACTORS
AND OTHER NEW TECHNOLOGIES

Approved X_ Disapproved Abstain Not Participating

COMMENTS: Below Attached X_ None

Sit Brn

SIG fAruRE

me) July 2015

DATE

Entered in “STARS” Yes x No