U.S. Nuclear Regulatory Commission staff has released a draft proposed rule on decommissioning commercial reactors that the federal agency's commissioners will now consider before being released for public comment.
The proposal, released May 22, would formalize the steps for transitioning nuclear power reactors from operating status to decommissioning and to clarify many of those steps without the use of exemptions and license amendments.
In particular, the NRC staff said no new safety and security requirements are needed given that shuttered nuclear reactors present a significantly lower risk of "an offsite radiological release." As a result, "the requirements in decommissioning should be aligned with the reduction in risk that occurs over time, while maintaining safety and security," the draft proposal said.
Currently, 20 reactors are undergoing decommissioning in the United States and more nuclear retirements are expected in coming decades, with at least 10 additional plants already slated to shutter between 2019 and 2050.
The draft rule addresses myriad issues, including emergency preparedness, cyber- and physical security, decommissioning trust funds, financial protection requirements and indemnity agreements, and the application of a "backfit rule" that allows new or revised safety requirements to be applied to licensees of existing reactors. Its provisions also tackle drug and alcohol testing, spent fuel management, environmental reporting, and training requirements for certified fuel handlers.
In addition, the draft proposed rule would exempt any entity that is seeking a license for a facility undergoing decommissioning or is no longer a production or utilization facility from prohibitions on foreign ownership and control of nuclear power plants.
U.S. Sen. Edward Markey, D.-Mass., criticized the proposal in a press release and said it "reads like an industry wish list that makes exemptions the rule."
"We need a decommissioning rule that acts as a plan for addressing the myriad difficult issues, including the challenges posed by climate change like rising sea levels, that communities will face as nuclear power plants across the country prepare to shut down," said Markey, a member of the Senate Environment and Public Works Committee, which oversees the NRC.
Markey urged the NRC to strengthen the draft rule and for "smarter decommissioning." He said he will follow up with the NRC to understand why "key provisions" requested by the public failed to be included in the draft proposal.
In response to Markey's criticisms, an NRC spokesperson said NRC staff would only consider comments on the rulemaking once the commission approves the draft and it is published in the Federal Register. After staff considers those comments the commission will vote on a final rule.
The NRC first published an advanced notice of proposed rulemaking for the decommissioning regulations in November 2015 before following up in March 2017 with a draft regulatory basis — what the agency calls the first official step in its rulemaking process.
