[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]


 ========================================================================
 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.
 
 ========================================================================
 

  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.

-----------------------------------------------------------------------

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
------------------------------------------------------------------------
                                                        ADAMS Accession
                                                         No./web link/
                       Document                         Federal Register
                                                            citation
------------------------------------------------------------------------
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)............
------------------------------------------------------------------------
\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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