[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Proposed Rules]
[Pages 23500-23503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10716]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 /
Proposed Rules
[[Page 23500]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 52
[NRC-2015-0224]
RIN 3150-AJ67
Advanced Power Reactor 1400 (APR1400) Design Certification
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its regulations to certify the Advanced Power Reactor 1400
(APR1400) standard design. Applicants or licensees intending to
construct and operate an APR1400 standard design may do so by
referencing this design certification (DC) rule. The applicant for the
certification of the APR1400 standard design is Korea Electric Power
Corporation and Korea Hydro & Nuclear Power Co., Ltd. (KEPCO/KHNP).
DATES: Submit comments by June 21, 2019. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure consideration only for comments received on or before
this date.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2015-0224. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Yanely Malave, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-1519, email:
[email protected], or William Ward, Office of New Reactors,
telephone: 301-415-7038, email: [email protected]. Both are staff of
the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Voluntary Consensus Standards
V. Plain Writing
VI. Paperwork Reduction Act Statement
VII. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2015-0224 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2015-0224.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, at 301-415-4737, or by email to [email protected].
For the convenience of the reader, instructions about obtaining
materials referenced in this document are provided in the
``Availability of Documents'' section.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2015-0224 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Rulemaking Procedure
Because the NRC considers this action to be non-controversial, the
NRC is publishing this proposed rule concurrently with a direct final
rule in the Rules and Regulations section of this issue of the Federal
Register. The direct final rule will become effective on September 19,
2019. However, if the NRC receives significant adverse comments on this
proposed rule by June 21, 2019, then the NRC will publish a document
that withdraws the direct final rule. If the direct final rule is
withdrawn, the NRC would address the comments received in response to
these proposed revisions in any subsequent final rule. Absent
significant modifications to the proposed revisions requiring
republication, the NRC does not intend to initiate a second comment
[[Page 23501]]
period on this action in the event the direct final rule is withdrawn.
A significant adverse comment is a comment in which the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC to reevaluate (or reconsider) its
position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC to make a change (other than
editorial) to the rule.
For procedural information and the regulatory analysis, see the
direct final rule published in the Rules and Regulations section of
this issue of the Federal Register.
III. Background
Part 52 of title 10 of the Code of Federal Regulations (10 CFR),
``Licenses, Certifications, and Approvals for Nuclear Power Plants,''
subpart B, ``Standard Design Certifications,'' presents the process for
obtaining standard design certifications. On December 23, 2014, KEPCO/
KHNP submitted its application for certification of the APR1400
standard design (ADAMS Accession No. ML15006A098) to the NRC under
subpart B of 10 CFR part 52. The NRC published a notice of receipt of
the application in the Federal Register (80 FR 5792; February 3, 2015).
On March 12, 2015, the NRC formally accepted the application as a
docketed application for design certification (80 FR 13035; March 12,
2015). The pre-application information submitted before the NRC
formally accepted the application can be found in ADAMS under Docket
No. PROJ0782.
The NRC issued the final safety evaluation report for the APR1400
design on September 28, 2018. The final safety evaluation report is
available in ADAMS under Accession No. ML18087A364. The NRC will
publish a final safety evaluation report in a NUREG titled, ``Final
Safety Evaluation Report Related to the Certification of the Advanced
Power Reactor 1400 Standard Design.'' The final safety evaluation
report is based on the NRC's review of revision 3 of the APR1400 design
certification document.
IV. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, requires that Federal agencies use technical
standards that are developed or adopted by voluntary consensus
standards bodies unless the use of such a standard is inconsistent with
applicable law or otherwise impractical. In this proposed rule, the NRC
proposes to certify the APR1400 standard design for use in nuclear
power plant licensing under 10 CFR parts 50 or 52. Design
certifications are not generic rulemakings establishing a generally
applicable standard with which all 10 CFR parts 50 and 52 nuclear power
plant licensees must comply. Design certifications are Commission
approvals of specific nuclear power plant designs by rulemaking.
Furthermore, design certifications are initiated by an applicant for
rulemaking, rather than by the NRC. This action does not constitute the
establishment of a standard that contains generally applicable
requirements.
V. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner that also follows other best practices appropriate to the
subject or field and the intended audience. The NRC has written this
document to be consistent with the Plain Writing Act as well as the
Presidential Memorandum, ``Plain Language in Government Writing,''
published June 10, 1998 (63 FR 31883). The NRC requests comment on the
proposed rule with respect to clarity and effectiveness of the language
used.
VI. Paperwork Reduction Act
This proposed rule contains (a) new or amended collection(s) of
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). This proposed rule has been submitted to the Office of
Management and Budget for review and approval of the information
collection(s).
Type of submission, new or revision: Revision.
The title of the information collection: Appendix F to 10 CFR part
52 Design Certification Rule for the APR1400 Design.
The form number if applicable: NA.
How often the collection is required or requested: On occasion.
Who will be required or asked to respond: Applicant for a combined
license or a design certification amendment.
An estimate of the number of annual responses: 1 (0 annual
responses and 1 recordkeeper).
The estimated number of annual respondents: 1.
An estimate of the total number of hours needed annually to comply
with the information collection requirement or request: Approximately
37 hours of additional recordkeeping burden. The only burden associated
with this rule will be for recordkeeping by the applicant for this
design certification.
Abstract: The NRC is proposing to amend its regulations to certify
the APR1400 standard design. This action is necessary so that
applicants or licensees intending to construct and operate an APR1400
standard design may do so by referencing this DC rule. The applicant
for certification of the APR1400 standard design is KEPCO/KHNP.
The NRC is seeking public comment on the potential impact of the
information collection contained in this proposed rule and on the
following issues:
(1) Is the proposed information collection necessary for the proper
performance of the functions of the NRC, including whether the
information will have practical utility?
(2) Is the estimate of the burden of the proposed information
collection accurate?
(3) Is there a way to enhance the quality, utility, and clarity of
the information to be collected?
(4) How can the burden of the proposed information collection on
respondents be minimized, including the use of automated collection
techniques or other forms of information technology?
A copy of the OMB clearance package is available in ADAMS under
Accession No. ML18302A089 or may be viewed free of charge at the NRC
Public Document Room, One White Flint North, 11555 Rockville Pike, Room
O1-F21, Rockville, MD 20852. You may obtain information and comment
submissions related to the OMB clearance package by searching on
https://www.regulations.gov under Docket ID NRC-2015-0224.
You may submit comments on any aspect of these proposed information
collection(s), including suggestions for
[[Page 23502]]
reducing the burden and on the above issues, by the following methods:
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0224.
Mail comments to: Information Services Branch, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, or by email
to [email protected], and to the Desk Officer, Office of
Information and Regulatory Affairs, NEOB-10202, (3150-XXXX) Office of
Management and Budget, Washington, DC 20503; email:
[email protected].
Submit comments by June 21, 2019. Comments received after this date
will be considered if it is practical to do so, but the NRC staff is
able to ensure consideration only for comments received on or before
this date.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
VII. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
Documents Related to APR1400 Design Certification Rule
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ADAMS Accession
No./web link/
Document Federal Register
citation
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SECY-19-0020, ``Direct Final Rule-Advanced Power ML18302A069
Reactor 1400 Design Certification (RIN 3150-AJ67;
NRC-2015-0224)''....................................
KEPCO/KHNP Application for Design Certification of ML15006A037
the APR1400 Design..................................
APR1400 Design Control Document, Revision 3.......... ML18228A667
APR1400 Final Safety Evaluation Report............... ML18087A364
APR1400 Environmental Assessment..................... ML18306A607
APR1400 Standard Design Approval..................... ML18261A187
Regulatory History of Design Certification \1\....... ML003761550
KEPCO/KHNP Topical and Technical Reports:
APR1400-E-B-NR-16001-NP, Evaluation of Main Steam ML18178A215
and Feedwater Piping Applied to the Graded
Approach for the APR1400, Rev. 0 (July 2017)....
APR1400-E-B-NR-16002-NP, Evaluation of Safety ML18178A217
Injection and Shutdown Cooling Piping Applied to
the Graded Approach for the APR1400, Rev. 1 (May
2018)...........................................
APR1400-E-I-NR-14001-NP, Human Factors ML18212A345
Engineering Program Plan, Rev. 4 (July 2018)....
APR1400-E-I-NR-14002-NP, Operating Experience ML18081A101
Review Implementation Plan, Rev. 2 (January
2018)...........................................
APR1400-E-I-NR-14003-NP, Functional Requirements ML18081A091
Analysis and Function Allocation Implementation
Plan, Rev. 2 (January 2018).....................
APR1400-E-I-NR-14004-NP, Task Analysis ML18178A223
Implementation Plan, Rev. 3 (May 2018)..........
APR1400-E-I-NR-14006-NP, Treatment of Important ML18178A224
Human Actions Implementation Plan, Rev. 3 (May
2018)...........................................
APR1400-E-I-NR-14007-NP, Human-System Interface ML18178A212
Design Implementation Plan, Rev. 3 (May 2018)...
APR1400-E-I-NR-14008-NP, Human Factors ML18178A213
Verification and Validation Implementation Plan,
Rev. 3 (May 2018)...............................
APR1400-E-I-NR-14010-NP, Human Factors ML18081A088
Verification and Validation Scenarios, Rev. 2
(January 2018)..................................
APR1400-E-I-NR-14011-NP, Basic Human-System ML18178A214
Interface, Rev. 3 (May 2018)....................
APR1400-E-I-NR-14012-NP, Style Guide, Rev. 2 ML18081A096
(January 2018)..................................
APR1400-E-J-NR-14001-NP, Component Interface ML17094A131
Module, Rev. 1 (March 2017).....................
APR1400-E-J-NR-17001-NP, Secure Development and ML18108A470
Operational Environment for APR1400 Computer-
Based I&C Safety Systems, Rev. 0 (September
2017)...........................................
APR1400-E-N-NR-14001-NP, Design Features To ML18057B532
Address GSI-191, Rev. 3 (February 2018).........
APR1400-E-P-NR-14005-NP, Evaluations and Design ML18044B042
Enhancements To Incorporate Lessons Learned from
Fukushima Dai-Ichi Nuclear Accident, Rev. 2
(July 2017).....................................
APR1400-E-S-NR-14004-NP, Evaluation of Effects of ML18078A709
HRHF Response Spectra on SSCs, Rev. 3 (December
2017)...........................................
APR1400-E-S-NR-14005-NP, Evaluation of Structure- ML18078A699
Soil-Structure Interaction (SSSI) Effects, Rev.
2 (December 2017)...............................
APR1400-E-S-NR-14006-NP, Stability Check for NI ML18178A221
Common Basemat, Rev. 5 (May 2018)...............
APR1400-E-X-NR-14001-NP, Equipment Qualification ML18214A563
Program, Rev. 4 (July 2018).....................
APR1400-F-A-NR-14001-NP, Small Break LOCA ML17114A524
Evaluation Model, Rev. 1 (March 2017)...........
APR1400-F-A-NR-14003-NP, Post-LOCA Long Term ML17114A526
Cooling Evaluation Model, Rev. 1 (March 2017)...
APR1400-F-A-TR-12004-NP-A, Realistic Evaluation ML18233A431
Methodology for Large-Break LOCA of the APR1400
(August 2018)...................................
APR1400-F-C-NR-14001-NP, CPC Setpoint Analysis ML18199A563
Methodology for APR1400, Rev. 3 (June 2018).....
APR1400-F-C-NR-14002-NP, Functional Design ML17094A132
Requirements for a Core Operating Limit
Supervisory System for APR1400, Rev. 1 (February
2017)...........................................
APR1400-F-C-NR-14003-NP, Functional Design ML17114A522
Requirements for a Core Protection Calculator
System for APR1400, Rev. 1 (March 2017).........
APR1400-F-C-TR-12002-NP-A, KCE-1 Critical Heat ML17115A559
Flux Correlation for PLUS7 Thermal Design (April
2017)...........................................
APR1400-F-M-TR-13001-NP-A, PLUS7 Fuel Design for ML18232A140
the APR1400 (August 2018).......................
APR1400-H-N-NR-14005-NP, Summary Stress Report ML18178A218
for Primary Piping, Rev. 2 (September 2016).....
APR1400-H-N-NR-14012-NP, Mechanical Analysis for ML17244A015
New and Spent Fuel Storage Racks, Rev. 3 (August
2017)...........................................
APR1400-K-I-NR-14005-NP, Staffing and ML17094A152
Qualifications Implementation Plan, Rev. 1
(February 2017).................................
APR1400-K-I-NR-14009-NP, Design Implementation ML17094A153
Plan, Rev. 1 (February 2017)....................
APR1400-K-Q-TR-11005-NP-A, KHNP Quality Assurance ML18085B044
Program Description (QAPD) for the APR1400
Design Certification, Rev. 2 (October 2016).....
APR1400-Z-A-NR-14006-NP, Non-LOCA Safety Analysis ML17094A139
Methodology, Rev. 1 (February 2017).............
APR1400-Z-A-NR-14007-NP, Mass and Energy Release ML18212A338
Methodologies for LOCA and MSLB, Rev. 2 (May
2018)...........................................
[[Page 23503]]
APR1400-Z-A-NR-14011-NP, Criticality Analysis of ML18214A561
New and Spent Fuel Storage Racks, Rev. 3 (May
2018)...........................................
APR1400-Z-A-NR-14019-NP, CCF Coping Analysis, ML18225A340
Rev. 3 (July 2018)..............................
APR1400-Z-J-NR-14001-NP, Safety I&C System, Rev. ML18212A341
3 (May 2018)....................................
APR1400-Z-J-NR-14002-NP, Diversity and Defense-in- ML18214A557
Depth, Rev. 3 (May 2018)........................
APR1400-Z-J-NR-14003-NP, Software Program Manual, ML18214A559
Rev. 3 (May 2018)...............................
APR1400-Z-J-NR-14004-NP, Uncertainty Methodology ML18086B757
and Application for Instrumentation, Rev. 2
(January 2018)..................................
APR1400-Z-J-NR-14005-NP, Setpoint Methodology for ML18087A106
Safety-Related Instrumentation, Rev. 2 (January
2018)...........................................
APR1400-Z-J-NR-14012-NP, Control System CCF ML18212A343
Analysis, Rev. 3 (May 2018).....................
APR1400-Z-J-NR-14013-NP, Response Time Analysis ML18087A110
of Safety I&C System, Rev. 2 (January 2018).....
APR1400-Z-M-NR-14008-NP, Pressure-Temperature ML18087A112
Limits Methodology for RCS Heatup and Cooldown,
Rev. 1 (January 2018)...........................
APR1400-Z-M-TR-12003-NP-A, Fluidic Device Design ML17129A597
for the APR1400 (April 2017)....................
Westinghouse Topical and Technical Report:
WCAP-10697-NP-A, Common Qualified Platform ML13112A108
Topical Report, Rev. 3 (February 2013)..........
WCAP-17889-NP (APR1400-A-N-NR-17001-NP), ML18044B051
Validation of SCALE 6.1.2 with 238-Group ENDF/B-
VII.0 Cross Section Library for APR1400 Design
Certification, Rev. 0 (June 2014)...............
Combustion Engineering, Inc. Technical Reports:
CEN-312-NP, Overview Description of the Core ML19066A067
Operating Limit Supervisory System (COLSS), Rev.
01-NP (November 1986)...........................
CEN-310-NP-A, CPC and Methodology Changes for the ML19066A085
CPC Improvement Program (April 1986)............
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\1\ The regulatory history of the NRC's design certification reviews is
a package of documents that is available in the NRC's PDR and NRC
Library. This history spans the period during which the NRC
simultaneously developed the regulatory standards for reviewing these
designs and the form and content of the rules that certified the
designs.
The NRC may post materials related to this document, including
public comments, on the Federal Rulemaking website at https://www.regulations.gov under Docket ID NRC-2015-0224. The Federal
Rulemaking website allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder (NRC-2015-0224); (2) click the ``Sign up for Email
Alerts'' link; and (3) enter your email address and select how
frequently you would like to receive emails (daily, weekly, or
monthly).
List of Subjects in 10 CFR Part 52
Administrative practice and procedure, Antitrust, Combined license,
Early site permit, Emergency planning, Fees, Incorporation by
reference, Inspection, Issue finality, Limited work authorization,
Nuclear power plants and reactors, Probabilistic risk assessment,
Prototype, Reactor siting criteria, Redress of site, Penalties,
Reporting and recordkeeping requirements, Standard design, Standard
design certification.
Dated at Rockville, Maryland, this 17th day of May 2019.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2019-10716 Filed 5-21-19; 8:45 am]
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