[Federal Register Volume 63, Number 152 (Friday, August 7, 1998)] [Notices] [Pages 42439-42459] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-21168] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION Public Comment on the Integrated Review of the Assessment Process for Commercial Nuclear Power Plants AGENCY: Nuclear Regulatory Commission. ACTION: Request for public comment. ----------------------------------------------------------------------- SUMMARY: The Nuclear Regulatory Commission (NRC) is performing an integrated review of the assessment process (IRAP) to develop a new method for assessing licensee performance at [[Page 42440]] commercial nuclear power plants. In parallel with this effort, the staff is developing several new assessment tools that can be used in an integrated process. These additional assessment tools include risk- informed assessment guidance, trending methodology, and financial indicators. Public comments are requested on the development of a new assessment process and these associated assessment tools. The NRC is soliciting comments from interested public interest groups, the regulated industry, States, and concerned citizens. The NRC staff will consider comments received in developing a final proposal for a new assessment process. DATES: The comment period expires October 6, 1998. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: Submit written comments to: Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, Mail Stop: T-6D-59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Hand deliver comments to: 11545 Rockville Pike, Rockville, Maryland, between 7:45 a.m. and 4:15 p.m. on Federal workdays. Copies of comments received may be examined at the NRC Public Document Room, 2120 L Street, NW. (Lower Level), Washington, DC. FOR FURTHER INFORMATION CONTACT: Timothy J. Frye, Mail Stop: O-5H-4, Inspection Program Branch, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Telephone 301-415-1287. SUPPLEMENTARY INFORMATION: Background Over the years, the NRC has developed and implemented different licensee performance assessment processes to address the specific assessment needs of the agency at the time. The systematic assessment of licensee performance (SALP) process was implemented in 1980 following the accident at Three Mile Island to allow for the systematic, long-term, integrated evaluation of overall licensee performance. The senior management meeting (SMM) process was implemented in 1986 following the loss-of-feedwater event at Davis- Besse to allow those plants whose performance was of most concern to be brought to the attention of the highest levels of NRC management in order to plan a coordinated agency course of action. The plant performance review (PPR) process was implemented in 1990 to allow for periodic adjustments in NRC inspection focus in response to changes in licensee performance and emerging plant issues. Each of these assessment processes serves a useful purpose and has evolved individually over time through separate reviews and improvements. However, overlaps between these processes now exist such that they (1) have multiple structures for data analysis and different assessment criteria, (2) have different outputs which can send mixed messages on licensee performance, and (3) place significant administrative burdens on the NRC staff. Although each of the current assessment processes has been individually successful at meeting its particular purpose, an integrated review of these processes has not been performed. Integrated Review of the Assessment Process In September 1997, the NRC began an integrated review of the assessment processes used for commercial nuclear power plant licensees. A cross-disciplinary team of NRC staff members was assembled to identify and evaluate potential improvements to how licensee performance is assessed by the NRC. A process re-engineering approach was taken by the team to identify the desired objectives of a new assessment process, the attributes it should possess, and criteria to measure improvement over the existing assessment processes. The team developed a conceptual design for a new integrated assessment process and presented it to the NRC Commissioners in Commission paper SECY-98-045, dated March 9, 1998. This Commission paper requested the Commission's approval to solicit public input on the proposed concepts. On April 2, 1998, the staff briefed the Commission on the concepts for a new assessment process as discussed in the paper. On June 30, 1998, the Commission issued a staff requirements memorandum (SRM) in response to SECY-98-045 that approved the staff's request to solicit public comment on the concepts presented in the Commission paper. The SRM, the Commission voting record, and the comments of the Commissioners regarding SECY-98-045 are attached. Upon completion of the public comment period, the NRC will develop a final recommendation to the Commission for changes to the assessment process. Risk-Informed Assessment Guidance The NRC issued a policy statement on the use of probabilistic risk assessment (PRA) methods in nuclear regulatory activities in SECY-95- 126, dated May 18, 1995. The statement presents the policy that the use of PRA technology in NRC regulatory activities should be increased to the extent supported by the state of the art in PRA methods and data and in a manner that complements the NRC's deterministic approach. Consistent with that policy, the staff has developed guidance, based on risk insights, for assessing the findings and issues contained in the Plant Issues Matrix. This guidance is entitled ``Guidance for Assessing the Risk Inherent in Plant Performance'' and is available as Appendix B to the report ``Concepts Developed by the Integrated Review of Assessment Process for Commercial Nuclear Power Plants,'' dated July 29, 1998. The guidance is intended to help NRC staff develop a risk- informed perspective on plant performance so that that perspective will be part of the NRC's process for reviewing licensee performance. Indicators In an SRM dated June 28, 1996, the Commission directed the staff to assess the SMM process and evaluate the development of indicators that can provide a basis for judging whether a plant should be placed on or deleted from the NRC Watch List. In response to this request, the staff developed several new assessment tools, such as trending methodologies and economic indicators. Studies were undertaken to develop trending methodologies that provide more objective and scrutable information on plant performance. The trend model is recommended as a tool for quantitatively identifying candidate plants for further discussion by senior NRC managers during the licensee performance review process. The trend methodology is based on the trend model suggested by the Arthur Andersen Company in its original review of the SMM process (Arthur Andersen, ``Recommendations to Improve the Senior Management Meeting Process,'' December 30, 1996.) The regression model is recommended as a quality control measure for the trend model, as well as possibly identifying additional plants that warrant further discussion. The regression model estimates the probability that a plant's current performance should be further discussed during the SMM, based on the experience with plants that were discussed during previous SMMs. A set of site-related financial variables was developed for use in the licensee performance review process. Comparison of the trends of these [[Page 42441]] financial variables to earlier single-unit and multi-unit median trends in the nuclear industry pointed to financial trends and patterns that had often preceded decisions to discuss a plant at past SMMs. However, no financial model is recommended for use alone in determining those plants that warrant further discussion during the SMM. These methodologies were originally developed for use by the SMM process, but are equally applicable in an integrated assessment process. The use of the trending methodologies can be one part of a larger integrated assessment process that may consider both quantitative and qualitative information during the licensee performance review process. The trending methodologies and financial indicators are not intended to be the precise definitive identifying elements. Rather, they are designed to help identify candidate plants for further discussion by senior NRC managers and rely on the remaining elements of an integrated assessment process to complete the identification process. Details of the development efforts for the various trending methodologies and financial indicators are described in three draft reports that are contained in Appendices A and E of the report ``Concepts Developed by the Integrated Review of Assessment Process for Commercial Nuclear Power Plants,'' dated July 29, 1998. Specifically, details of a trend model are contained in ``Draft Report--Development and Findings of the Performance Trending Methodology,'' dated February 27, 1998. Details of a regression model are contained in ``A Modeling Approach for Identifying Plants for Senior Management Discussion Using Performance Indicator Data,'' dated March 1998. Details of a set of financial trend variables are contained in ``Draft Special Study-- Methodology for Identifying Financial Variables for Trend Analysis,'' dated May 1998. Industry Proposal In parallel with staff work on the IRAP and the development of other assessment tools, the industry has independently developed a proposal for a new assessment and regulatory oversight process. This proposal would take a risk-informed and performance-based approach to the inspection, assessment, and enforcement of licensee activities based on the results of a set of performance indicators. This proposal is being developed by the Nuclear Energy Institute and is further described in ``Minutes of the July 28, 1998 Meeting With the Nuclear Energy Institute to Discuss Performance Indicators and Performance Assessment,'' dated July 30, 1998. Scope of the Public Comment Period The NRC staff has developed a concept for an integrated assessment process as presented in SECY-98-045. Additional information on the integrated assessment process is described in the report ``Concepts Developed by the Integrated Review of Assessment Process for Commercial Nuclear Power Plants,'' dated July 29, 1998. This report provides additional draft details of an integrated assessment process and describes how new assessment tools such as the trending methodology and risk-informed assessment guidance could be factored into the process. The Commission has provided its views on this concept, along with its general views on licensee performance assessment in the attached SRM, the Commission voting record, and the comments of the Commissioners. This public comment period will focus on obtaining industry and public comments on how the NRC should assess licensee performance and other potential changes to the regulatory oversight process. As part of the public comment period, two public workshops are tentatively scheduled to be held in September 1998. One is currently planned to be held at the NRC Headquarters office with the other one held in the vicinity of the Region III office. Additional details on the dates, locations, and scope of these workshops will be provided at a later date, as they become available. The NRC seeks specific public comment and feedback on the topics highlighted in the questions below. Commenters are not limited to, or obligated to address every issue discussed in the questions. In providing comments, please key your response to the number of the applicable question (e.g., ``Response to A.1.a.''). Comments should be as specific as possible. The use of examples is encouraged. Comments are requested on the following issues: A. Regulatory Oversight Approach 1. The NRC currently has a low threshold for initiating increased interaction with licensees above the core inspection program. For example, procedure adherence errors or program implementation weaknesses with low actual safety consequence may result in increased inspection activity in these areas. Alternatively, if these regulatory oversight thresholds were raised, the NRC would wait until actual safety significant events occurred (such as those measured by performance indicators) before increasing interaction with licensees. a. At what threshold should the NRC take action to assure the adequate protection of public health and safety? b. What is the basis for this threshold? 2. What range and specific types of NRC actions should be taken if licensees exceed the regulatory thresholds discussed in Question A.1? 3. The current regulatory oversight process focuses discretionary inspection resources on a selective sample of all aspects of licensee performance, such as human performance, procedure quality, and program implementation. a. Could an enhanced use of high level performance indicators (e.g. operational transients and safety system availability) reduce the need for discretionary inspection if particular levels of licensee performance are achieved? b. Would this approach result in a regulatory oversight process which is timely and comprehensive enough to assure the adequate protection of the public health and safety? 4. What should the role of licensee audits, inspections, and self- assessments be in the regulatory oversight process? 5. Would an enhanced use by the NRC of licensee audits, inspections, and self-assessments (and a corresponding reduction in NRC discretionary inspection) result in a regulatory oversight process that was sufficiently independent? B. Integrated Assessment Process 1. Objectives and Attributes a. The objectives developed by the staff for an integrated assessment process include the following: (1) Provide early warning of declining licensee performance and promote prompt, timely corrective action; (2) provide checks and balances with other processes; (3) allow for the integration of inspection findings and other relevant information; (4) focus NRC's attention on those plants with declining or poor performance; (5) effectively communicate assessment results to the licensees and the public; and (6) allow for effective resource allocation. What changes could be made to these objectives and why? b. The new integrated assessment process would not formally recognize superior licensee performance, nor would it include a Watch List. Should the NRC recognize superior licensee performance? c. The integrated assessment process would not provide a measure of how [[Page 42442]] good licensee performance was. This was due in part to the significant resources involved and the lack of clear guidance against which good performance can be measured. Therefore, performance issues involving solely good or neutral licensee performance would not be included in the evaluation. To what extent and how should positive inspection findings be factored into an assessment process? d. The integrated assessment process would include an assessment report for each licensee and a public meeting with the licensee to review this assessment. How should the NRC's assessment results be communicated to the licensees and to the public? e. The integrated assessment process would provide several opportunities for the licensee and the public to be made aware of the issues being considered and to provide feedback and input on these issues and assessment results. What are the most desirable ways to include licensee and public input and feedback during the implementation of the assessment process? 2. Assessment Criteria a. In the integrated assessment process, a plant performance matrix is used to categorize performance findings into assessment areas in order to provide better structure for the information and to better communicate assessment results. What additional or alternate information should be used and how should it be integrated? b. Under the integrated assessment process, individual performance issues were numerically graded on the basis of safety and regulatory significance. As stated in the SRM for SECY-98-045 dated June 30, 1998, the Commission did not approve of this approach. Are there alternate methods by which the NRC could provide a quantitative input into the assessment process so that the significance of issues can be assigned in a scrutable way? c. In developing a new assessment process, it was essential that the results of the assessment could be clearly communicated to the licensees and the public. The staff chose color category ratings for each assessment area for the integrated assessment process. As stated in the SRM for SECY-98-045 dated June 30, 1998, the Commission did not approve of this approach. What alternate presentations could be used to clearly convey the results of licensee performance assessments? 3. Decision Model The staff developed a decision model to provide for a structured and predictable application of NRC actions in response to assessment results. Are there additional or better ways to optimize the scrutability and predictability of the NRC outcomes of the assessment process? 4. Assessment Periodicity The staff recommended that an annual performance assessment be performed for each plant to allow for a periodic assessment report and a public meeting to discuss the assessment results. Is there a more appropriate periodicity for accurately assessing changes in licensee performance? 5. Success Criteria a. The integrated assessment process was designed to produce NRC assessments that are more scrutable and predictable. For comparison, how scrutable, predictable, and objective are the current assessment processes? b. The integrated assessment process was intended to be less resource intensive for both the NRC and the licensee. How do the estimated licensee costs compare with the costs of the existing assessment processes? C. Risk-Informed Assessment Guidance 1. Effective risk management is necessary to ensure the safe operation of nuclear power plants. How should indications of risk- management performance be considered in the assessment of plant safety? 2. One aspect of a risk-informed regulatory process is that plant performance measures are considered commensurate with their impact on plant safety and risk. Are the questions presented in ``Guidance for Assessing the Risk Inherent in Plant Performance'' sufficient to ensure that inspection findings are interpreted in a risk-informed manner? 3. Regulatory Guide 1.174, ``An Approach for Using Probabilistic Risk Assessment in Risk-Informed Decisions on Plant-Specific Changes to the Current Licensing Basis,'' presents a framework, principles, and staff expectations relative to regulatory decisionmaking. a. What role, if any, should such guidance play in risk-informed assessments of plant performance? b. What role should PRA techniques and risk metrics play in the assessment of plant performance? 4. How should patterns of degrading human performance, equipment performance, and risk management at a nuclear power plant be factored into the plant performance assessment process? 5. Are the questions raised in ``Guidance for Assessing the Risk Inherent in Plant Performance'' sufficient to provide a risk-informed assessment of plant safety that addresses the influence of human performance and equipment performance on plant safety? D. Indicators 1. General The trending methodologies can be used as part of an integrated assessment process that uses both quantitative and qualitative information. The trending methodologies are not intended to be used in isolation as the only definitive identifying element in plant performance assessment. a. How should the NRC use quantitative measures of performance? b. What methodologies and/or performance measures would be useful to quantitatively monitor plant performance trends? 2. Trending Methodology a. The staff considered more than 20 variables during the development of both the trend and the regression models. 1. Are there other variables that should be considered? 2. Are the data for the suggested variables publicly available? 3. Are the data for the suggested variables reported to the NRC? 4. How frequently are the data for the suggested variables available (e.g., daily, weekly, quarterly, annually, etc.)? b. The staff considered a variety of time periods for monitoring plant performance during the development of the trend model. The proposed trend model uses a four-quarter moving average. Should a different time period be used? c. The proposed trend model uses a ``hit'' threshold that is based on a fixed 2-year average of one standard deviation beyond the quarterly industry mean for the period from July 1995 through June 1997. Should a different threshold be used? d. The proposed trend model uses a discussion candidate threshold value of two hits. Should a different threshold be used? 3. Financial Indicators a. Financial indicators can be used to gain insight into licensee performance in conjunction with other assessment measures. They would not be relied upon solely to draw conclusions on licensee performance in an integrated assessment process. How should financial indicators be used in the assessment of licensee performance? b. Are there other financial methodology processes that will provide a more useful set of financial variables? [[Page 42443]] c. The financial variables are based on publicly available data. Are there other financial data that could be made available that would be more useful? E. Additional Comments In addition to the previously mentioned issues, commenters are invited to provide any other views on the NRC assessment process that could assist the NRC in improving its effectiveness. Dated at Rockville, MD, this 3rd day of August 1998. For the Nuclear Regulatory Commission. Michael R. Johnson, Acting Chief, Inspection Program Branch, Division of Inspection & Support Programs, Office of Nuclear Reactor Regulation. 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