Reprocessing

Reprocessing refers generally to the processes used to separate spent nuclear reactor fuel into nuclear materials that may be recycled for use in new fuel and material that would be discarded as waste. There are no commercial reprocessing facilities currently operating in the United States, but there are commercial facilities operating in other countries.

On this page:

• Background
• Related Commission Papers (SECY)
• Related Staff Requirements Memoranda (SRMs)
• Public Meetings other Interactions
• Related Technical Presentations
• Additional Documents
• Reprocessing Framework Schedules

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Background

In 2007, the Commission directed the staff to complete an analysis of Title 10 of the Code of Federal Regulations (10 CFR) to identify regulatory gaps for licensing an advanced reprocessing facility and recycling reactor.

In mid-2008, two nuclear industry companies informed the agency of their intent to seek a license for a reprocessing facility in the U.S. An additional company expressed its support for updating the regulatory framework for reprocessing, but stopped short of stating its intent to seek a license for such a facility. At the time, the staff also noted that progress on some Global Nuclear Energy Partnership (GNEP) initiatives had waned and it appeared appropriate to shift the focus of the staff's efforts from specific GNEP-facility regulations to a more broadly applicable framework for commercial reprocessing facilities.

In 2013, the staff issued SECY-13-0093, which provided the Commission options and resource estimates for updating the NRC's regulatory framework for licensing a reprocessing facility.  The SRM for this SECY instructed the NRC staff to develop a reprocessing-specific rule in a new part of the Commission's regulations but directed that the continued development of the framework should be limited in scope - for the time being - to the resolution of Gap 5, "Safety and Risk Assessment Methodologies and Considerations for a Reprocessing Facility."  The SRM also directed the staff to provide a notation vote paper presenting the results of this limited-scope effort, as well as recommendations on next steps. 
 
In 2021, the staff issued SECY-21-0026, which provided that the NRC staff's assessment that a continued rulemaking effort was not currently justified, as there was limited interest expressed or expected from potential applicants for reprocessing facilities, including advanced reactor designers, in the near-term use of reprocessed spent fuel.  The Commission approved the staff’s recommendation in the SRM for SECY-21-0026.

Regulatory Timeline
2006 - Global Nuclear Energy Partnership (GNEP) initiative launched, with the goal of establishing domestic reprocessing and burner reactor capability and take-back of spent fuel from foreign countries.
2007/2008 - Congress reduced GNEP funding
2009 - Domestic aspect of GNEP ended, but DOE moved ahead with reprocessing research and development. Industry remained interested in domestic reprocessing
2008 - 2013 - NRC received letters from four companies supporting an update of the reprocessing regulatory framework
2009 - NRC conducted a gap analysis of the reprocessing regulation for expanding 10 CFR Part 70.  This analysis was documented in SECY-09-0082. 23 gaps identified (14 high priority, 5 medium priority)
2011 - Draft Regulatory Basis, provided in SECY-11-0163. 19 high & medium priority gaps addressed. New Part 7x recommended for reprocessing, technology neutral rule to address large reprocessing facilities with an annual throughput of about 1000 MT of spent fuel.
2013 - Staff provided the Commission its resource estimate for completing 10 CFR Part 7x rulemaking activities in SECY-13-0093.  The SECY discussed options to address 23 regulatory gaps with a budget of an estimated ~57 FTE + $12 million, which would include developing associated guidance documents.
2013 - Although the Commission approved development of a reprocessing specific rule, approval was limited to only completion of the regulatory basis for Gap 5 (Safety and Risk Assessment Methodologies and Considerations for a Reprocessing Facility) in SRM-SECY-13-0093.
2016 - NRC suspended work on Part 7x rulemaking due to budgetary constraints and apparent lack of industry interest in constructing and operating a commercial spent fuel reprocessing facility in the United States
2020 - NRC held a public meeting on March 4 to obtain stakeholder input on the degree of interest in constructing, operating, and licensing a spent fuel reprocessing facility. NEI and industry representatives supported the continuation of rulemaking for clear and stable regulatory framework, but did not indicate plans to submit a reprocessing facility application in the foreseeable future (10-20 years). Other stakeholders did not want continued rulemaking because of proliferation and other concerns.
2021 - SECY issued on March 5 to discontinue rulemaking, based on limited interest expressed or expected from potential applicants for reprocessing facilities in the near-term use of reprocessed spent fuel. The rule is not currently cost-justified and the existing regulatory framework is considered adequate for near-term licensing needs.
2021 - SRM approved SECY on June 24, 2021.

Related Commission Papers (SECY)

Document number	Description	Date
SECY-21-0026	Discontinuation of Rulemaking—Spent Fuel Reprocessing	03/05/2021
SECY-13-0093	Reprocessing Regulatory Framework – Status and Next Steps Enclosure	08/30/2013
SECY-11-0163	Reprocessing Rulemaking: Draft Regulatory Basis and Path Forward	11/18/2011
SECY-09-0082	Update on Reprocessing Regulatory Framework – Summary of Gap Analysis	05/28/2009
SECY-08-0134	Regulatory Structure for Spent Fuel Reprocessing	09/12/2008
SECY-07-0198	Performance and Coordination of the Regulatory Framework for the Global Nuclear Energy Partnership	11/07/2007
SECY-07-0081	Regulatory Options for Licensing Facilities Associated with the Global Nuclear Energy Partnership	05/15/2007
SECY-06-0066	Regulatory and Resource Implications of a Department of Energy Spent Nuclear Fuel Recycling Program	05/16/2006

Related Staff Requirement Memoranda (SRM's)

Document number	Description	Date
SRM-SECY-21-0026	Staff Requirements – SECY-21-0026 – Discontinuation of Rulemaking—Spent Fuel Reprocessing	06/24/2021
SRM-SECY-13-0093	Staff Requirements – SECY-13-0093 – Reprocessing Regulatory Framework – Status and Next Steps Voting record	11/04/2013
SRM-SECY-07-0081	Staff Requirements – Regulatory Options for Licensing Facilities Associated with the Global Nuclear Energy Partnership (GNEP)	06/28/2007
SRM-SECY-06-0066	Staff Requirements – Regulatory and Resource Implications of a Department of Energy Spent Nuclear Fuel Recycling Program	05/16/2006

Public Meetings other Interactions

The following table lists, in chronological order, the public meetings that the NRC staff has conducted to discuss the regulatory efforts regarding reprocessing of spent nuclear fuel.

Public Meetings and Other Interactions
Meeting Date	Subject
03/04/2020	Public Meeting for Spent Fuel Reprocessing Rulemaking
06/21/2011 and 06/22/2011	Public meeting to discuss potential rulemaking for spent nuclear fuel reprocessing facilities. Transcript from Tuesday, June 21, 2011 Transcript from Wednesday, June 22, 2011 Presentations NRC Perspective: Regulatory Framework for Reprocessing Regulatory Framework for Reprocessing and Definitions (Gaps 1 and 6) Waste & Environmental Considerations (Gaps 2, 3, 15, 16, and 19) Safeguards and Security (Gaps 4, 8, 17, and 18) Safety and Licensing Consideration (Gaps 5, 7, 9, 10, and 11) Financial Protection Requirements and Fees (Gaps 12, 13, and 14) Handout Draft Regulatory Basis for a Potential Rulemaking on Spent Nuclear Fuel Reprocessing Facilities, NRC Staff Proposals Public comments
10/19/2010 and 10/20/2010	Public workshop to discuss major issues associated with the development of a regulatory framework for a potential rulemaking for spent nuclear fuel reprocessing facilities (Albuquerque, NM). Transcripts Transcript from Tuesday, October 19, 2010 Transcript from Wednesday, October 20, 2010 Presentations Overview Presentation: U.S. Nuclear Regulatory Commission Reprocessing Workshop Reprocessing and Recycling: Regulatory and Licensing Framework Discussion Reprocessing and Recycling: Design and Operational Requirements Reprocessing and Recycling: Waste Management Reprocessing and Recycling: Safety and Risk Reprocessing and Recycling: Safeguards and Security Reprocessing and Recycling: Environmental Protection NEI: Integrated Safety Analysis Meeting Summary
08/07/2010 and 08/08/2010	Public workshop to discuss major issues associated with the development of a regulatory framework for a potential rulemaking for spent nuclear fuel reprocessing facilities (Rockville, MD). Transcripts Transcript from Tuesday, September 7, 2010 Transcript from Wednesday, September 8, 2010 Presentations Overview Presentation: U.S. Nuclear Regulatory Commission Reprocessing Workshop Reprocessing and Recycling: Regulatory and Licensing Framework Discussion Reprocessing and Recycling: Design and Operational Requirements Reprocessing and Recycling: Waste Management Reprocessing and Recycling: Safeguards and Security Reprocessing and Recycling: Safety and Risk Reprocessing and Recycling: Environmental Protection Handouts Regulatory/Licensing Framework Issues Design and Operational Requirements Issues Safety and Risk Assessment Issues Safeguards and Security Issues Reprocessing Waste Issues Meeting Summary
05/13/2010	Public meeting with NRC staff and NEI representatives to discuss NRC's ongoing activities related to revising the regulatory framework for spent nuclear fuel reprocessing. The meeting included the following presentations from NRC staff and NEI representatives: Industry Perspectives on the Development of Recycling Regulations – Rod McCullum, John Greeves, Bob Pierson, Jack Bailey and Robert Hogg, Nuclear Energy Institute Revising Reprocessing Regulatory Framework – Overview – Thomas Hiltz, Branch Chief, Office of Nuclear Material Safety and Safeguards Regulatory Gap 5, Risk Considerations for a Production Facility Licensed Under 10 CFR Part 70 – Yawar Faraz, Sr. Project Manager, Office of Nuclear Material Safety and Safeguards Regulatory Gap 9, General Design Criteria and Baseline Design Criteria, GDC/BDC – Alexander Murray, Sr. Chemical Process Engineer, Office of Nuclear Material Safety and Safeguards Meeting Summary
10/28/2009	Public meeting to address: Waste Discussions related to regulatory gaps – including definitions of High Level Waste and Waste Incidental to Recycling; waste classification: waste confidence, independent storage of UNF and HLW, and definitions of additional terms Safeguards Issues – including reprocessing facility exemption from Cat. 1 requirements, material accounting management, advanced fuel cycles and SNM, and risk-informing parts 73 and 74 Presentations/Handouts
09/18/2009	Public meeting to discuss the current work being done to develop a regulatory framework for reprocessing. The meeting included the following presentations from NRC management and staff: Revising the Regulatory Framework for Reprocessing Facilities – Cathy Haney, Deputy Director, Office of Nuclear Material Safety and Safeguards NRC's Rulemaking Process – Keith McDaniel, Project Manager, Office of Federal and State Materials and Environmental Management Programs Regulatory Gap Analysis for Licensing Reprocessing Facilities – Kelli Markham, Project Manager, Office of Nuclear Material Safety and Safeguards Meeting Transcript
02/26/2009	Meeting with Nuclear Energy Institute on its White Paper regarding a proposed regulatory framework for licensing spent fuel reprocessing facilities. NEI Task Force Closing the Fuel Cycle White Paper Overview Meeting summary

Related Technical Presentations

Seminar Date	Subject
12/08/2010	DOE Seminar on Reprocessing – Transmutation Transmutation – Robert Hill, Argonne National Laboratory Long-Lived Fission Product Transmutation Studies-Paper, Argonne National Laboratory, Nuclear Engineering Division
07/28/2010	DOE Seminar on Reprocessing - 40 CFR Part 190 Review of Environmental Analysis of the Uranium Fuel cycle – Nate Bixler, Sandia National Laboratories Review of the Technical Bases of 40 CFR Part 190, Sandia Report, July 2010 Review and Assessment of the Technical Basis of 40 CFR 190 – John E. Kelly, Sandia National Laboratories

Additional Documents

• Risk-Informed Decision Making for Nuclear Material and Waste Applications
• Reprocessing Gap Analysis Summary
• Reprocessing Path Forward
• Memo to Commission: Annual Update on reprocessing Activities – Timeline for Completion of Regulatory Framework
• Federal Register Notice for Appendix P to 10 CFR Part 50 (1974) – General Design Criteria for Fuel Reprocessing Plants, Federal Register, Volume 39, NO. 139 – July 18th, 1974
• Federal Register Notice for Appendix Q to 10 CFR Part 50 (1974) – Design Criteria for Protection of Fuel Reprocessing Plants and Licensed Material Therein, Federal Register, Volume 39, NO. 139 – July 18th, 1974
• NEI White Paper: Regulatory Framework for Recycling Nuclear Fuel – NEI White Paper, December 19, 2008
• NEI White Paper – Appendix A: Establishing the Regulatory Framework to License Fuel Cycle Facilities – December 19, 2008
• Transmittal Letter for NEI White Paper: Integrated Safety Analysis: Why It Is Appropriate for Fuel Recycling Facilities, September 10, 2010
• Attachment – NEI White Paper Integrated Safety Analysis: Why It Is Appropriate for Fuel Recycling Facilities, September 10, 2010
• Draft: NRC Staff Considerations on a Comparison of Integrated Safety Analysis to Probabilistic Risk Assessment
• Federal Register Notice for Licensing of Production and Utilization Facilities Technical Specifications (1973) – Licensing of Production and Utilization Facilities, Federal Register, Volume 38, No 84 – May 2, 1973, p 10815
• Federal Register Notice for Licensing of Production and Utilization Facilities Technical Specifications (1973) – Licensing of Production and Utilization Facilities, Federal Register, Volume 38, No 84 – May 2, 1973, p 10816

  Industry Letters of Interest:

  • EnergySolutions
  • NEI, November 7, 2012
  • AREVA, Inc., October 23, 2012
  • Westinghouse Electric Company, June 28, 2011
  • AREVA, Inc., April 27, 2011
  • GE Hitachi Nuclear Energy, March 24, 2011

Reprocessing Framework Schedules

Staff's Preliminary Plan for Gap Resolution

Gap	Description	Sample Timeline ***
		Year 1	Year 2	Year 3	Year 4	Year 5	Year 6	Year 7	Year 8	Year 9	Year 10	Year 11	Year 12	Year 13	Year 14	Year 15	Year 16	Year 17	Year 18	Year 19	Year 20
1	Regulatory Framework (Complete)
2	Independent Storage of High Level Waste
3	Waste Incidental to Reprocessing
4	Exclusion of Irradiated Fuel Processing Facilities in 10 CFR 74.51 (*)
5	Risk Considerations for production facility
6	Definitions
7	Licensed Operators and Testing
8	Risk-Informed 10 CFR Parts 73 and 74 (**)
9	General Design Criteria
10	One-Step Licensing and ITAACs
11	Technical Specifications
12	Financial Protection Requirements
13	Schedule of Fees
14	Annual Fees
15	Waste Confidence
16	Waste Classification
17	Diversion Path Analysis
18	Material Accounting
19	Effluent Control and Monitoring

(*) Addressed through ongoing 10 CFR Part 74.51 rulemaking approved by Commission

(**) In this context, risk informing means staff will evaluate 10 CFR Part 73 and 10 CFR Part 74 for any changes needed to support reprocessing licensing

(***) Assuming resources of 2 FTE per year