[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] BILLING CODE 7590-01-P