Purpose

1. A Proposed Risk ManagementRegulatory Framework Commissioner George ApostolakisPresented at theOrganization of Agreement States 2012 Annual Meeting Milwaukee, WisconsinAugust 27, 2012

2. Purpose • Discuss the approach used by the Risk Management Task Force (RMTF) in addressing its charter. • Provide background on a proposed risk management regulatory framework. • Discuss relevant findings, recommendations, implementation options and next steps.

3. Risk Management Task Force (RMTF) • Proposed by Chairman Jaczko in late 2010. • Task Force formed in February 2011. • Charter “To develop a strategic vision and options for adopting a more comprehensive and holistic risk-informed, performance-based regulatory approach for reactors, materials, waste, fuel cycle, and transportation that would continue to ensure the safe and secure use of nuclear material.”

4. RMTF Approach • Provide a vision for a regulatory system 10-15 years in the future. • The approach should build on the experience of the last 20 years and should be evolutionary rather than revolutionary. • The need for a new regulatory approach was also recognized by the Fukushima Near Term Task Force Recommendation 1: Establish a logical, systematic, and coherent regulatory framework for adequate protection that appropriately balances defense-in-depth and risk considerations.

5. Diversity of Activities NRC Regulated Activities Reactors Materials Waste Disposal and Storage Fuel Cycle Transportation Operating Reactors Low Level Waste New Reactors High Level Waste Generation IV Reactors ISFSI Uranium Recovery Research and Test Reactors

6. Defense in Depth • “Defense in Depth is an element of the NRC’s safety philosophy that employs successive compensatory measures to prevent accidents or mitigate damage if a malfunction, accident, or naturally caused event occurs at a nuclear facility.” [Commission’s White Paper, February 1999]

7. Findings • Defense in depth has served the agency well, but is not a commonly used term in most of the non-reactor areas. • Risk management could better apply resources to agency programs. • Safety and security have not reflected common language and risk approach. • Adoption by the Agreement States is essential to the success of nationwide risk management framework.

8. A Proposed Risk Management Regulatory Framework (1) Mission Ensure adequate protection of public health and safety, promote the common defense and security, and protect the environment

9. A Proposed Risk Management Regulatory Framework (2) Mission Ensure adequate protection of public health and safety, promote the common defense and security, and protect the environment Objective Manage the risks from the use of byproduct, source and special nuclear materials through appropriate performance-based regulatory controls and oversight

10. A Proposed Risk Management Regulatory Framework (3) Mission Ensure adequate protection of public health and safety, promote the common defense and security, and protect the environment Objective Manage the risks from the use of byproduct, source and special nuclear materials through appropriate performance-based regulatory controls and oversight • Risk Management Goal • Provide risk-informed and performance-based defense-in-depth protections to: • Ensure appropriate barriers, controls, and personnel to prevent, contain, and mitigate exposure to radioactive material according to the hazard present, the relevant scenarios, and the associated uncertainties; and • Ensure that the risks resulting from the failure of some or all of the established barriers and controls, including human errors, are maintained acceptably low

11. A Proposed Risk ManagementRegulatory Framework (4) Mission Ensure adequate protection of public health and safety, promote the common defense and security, and protect the environment Objective Manage the risks from the use of byproduct, source and special nuclear materials through appropriate performance-based regulatory controls and oversight • Risk Management Goal • Provide risk-informed and performance-based defense-in-depth protections to: • Ensure appropriate barriers, controls, and personnel to prevent, contain, and mitigate exposure to radioactive material according to the hazard present, the relevant scenarios, and the associated uncertainties; and • Ensure that the risks resulting from the failure of some or all of the established barriers and controls, including human errors, are maintained acceptably low Decision-Making Process Use a disciplined process to achieve the risk management goal: Identify issue Identify Options Analyze Monitor Implement Decision Deliberate

12. AProposedRisk ManagementRegulatory Framework (5) Mission Ensure adequate protection of public health and safety, promote the common defense and security, and protect the environment Objective Manage the risks from the use of byproduct, source and special nuclear materials through appropriate performance-based regulatory controls and oversight • Risk Management Goal • Provide risk-informed and performance-based defense-in-depth protections to: • Ensure appropriate barriers, controls, and personnel to prevent, contain, and mitigate exposure to radioactive material according to the hazard present, the relevant scenarios, and the associated uncertainties; and • Ensure that the risks resulting from the failure of some or all of the established barriers and controls, including human errors, are maintained acceptably low Identify issue Identify Options Analyze Decision-Making Process Use a disciplined process to achieve the risk management goal: Monitor Implement Decision Deliberate

13. Recommended Policy Statement The NRC should formally adopt the proposed Risk Management Regulatory Framework through a Commission Policy Statement.

14. Recommendations • The NRC materials program should apply risk insights and performance-based considerations in accordance with the proposed risk management framework. • Development and rollout of the Risk Management Policy Statement should be closely coordinated with the leadership of the Agreement States and a joint NRC-Agreement State Working Group should be established to guide risk management implementation in the materials area.

15. Recommendations (con’t) • NRC should apply common risk approaches to safety and security based on the proposed risk management regulatory framework. • NRC should more explicitly consider the defense-in-depth philosophy in rulemaking, guidance, and program implementation, and modify appropriate parts of staff training.

16. Benefits • Updated knowledge from contemporary studies, such as risk assessments, would be incorporated into the regulations and guidance thus improving their realism and technical basis . • Implementation of a systematic approach would foster a consistent regulatory decision-making process throughout the agency and improved resource allocation. • Consistency in language and communication would be improved across the agency, Agreement States, and externally. • Issue resolution would be achieved in a systematic, consistent and efficient manner.

17. Challenges • A change would be required within the agency and externally to increase understanding of the value and use of risk concepts and the risk management language. • The proposed risk-informed and performance-based concept of defense in depth may require the development of additional decision metrics and numerical guidelines. • The approach would likely require developing new or revised risk-assessment consensus codes and standards. • A long-term commitment from the Commission and senior agency management and the Agreement States would be required for implementation.

18. Next Steps • Staff to recommend a path forward on the Risk Management Regulatory Framework 6 months after receiving Commission direction on the staff’s response to Near-Term Task Force Recommendation 1 (February 2013).  • In mid to late 2013 you should hear more as staff develops its path forward.