Back and Forth: A Licensee Perspective on Backfitting and

Forward-Fitting

Darani ReddickDirector – Regulatory Initiatives

Exelon Generation

Progress• Revised guidance

• Extensive training

NRC has made significant progress in backfitting and forward-fitting in recent years

Challenges• Enduring & consistent

implementation of guidance

• Application of forward-fitting concepts and processes

Backfitting

Threshold question: does the condition represent an issue of adequate protection?

No further backfit analysis is necessary

YES NO

Proceed with backfit analysis

What happens when the issue implicates both adequate protection and an interpretation of compliance?

Backfitting (cont’d)

• What if the question is whether a licensee is complying with requirement X, but requirement X was promulgated on the basis of adequate protection?

• One interpretation could be that because the requirement at issue was originally determined to be necessary for adequate protection, any potential non-compliance with that requirement would result in failing to provide adequate protection.

• If so, the staff could simply rely on the original adequate protection determination and never get to the compliance question (effectively circumventing the compliance exception test).

• HOWEVER: it does not appear that the Commission intended this result. Language in MD 8.4 suggests that there must be an imminent adequate protection issue.

The interplay between adequate protection and the compliance exception may not always be clear.

Forward-Fitting

Implementation Question 1:

Forward-fits must have (1) a “direct nexus” to the licensee’s request and (2) be “essential” to the staff’s determination. • What do these key terms mean?• How will that interpretation be consistently applied?• Will there be additional training for the staff on forward-fitting?

Forward-Fitting

Implementation Question 2:

Licensees may appeal a forward-fit. • How? • When? o If the staff identifies a forward-fit during the pendency of a license

amendment request, must the licensee wait until the license amendment is issued to appeal the forward-fit?

o Can the license amendment be issued notwithstanding the pendency of a forward-fit appeal?

Final ThoughtsHarmonization of backfitting-related guidance (MD 8.4, NUREG-1408, NUREG/BR-0058) & opportunity for public comment

Regular training to ensure common understanding of key concepts and processes (both NRC & industry)

Result: enduring application of regulatory tool to ensure adequate protection while providing due process for licensees

Thank You

Darani Reddick

darani.reddick@exeloncorp.com

Darani ReddickDirector, Regulatory Initiatives101 Constitution Ave., NW Suite 400 EastWashington, DC 20001Office: 202-637-0339 darani.reddick@exeloncorp.com