[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Proposed Rules]
[Pages 7513-7516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01860]
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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. 86, No. 18 / Friday, January 29, 2021 /
Proposed Rules
[[Page 7513]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2, 21, 26, 50, 51, 52, 55, and 73
[NRC-2009-0196]
RIN 3150-AI66
Alignment of Licensing Processes and Lessons Learned From New
Reactor Licensing
AGENCY: Nuclear Regulatory Commission.
ACTION: Regulatory basis; request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting
comments on a regulatory basis to support a proposed rule that would
amend the NRC's regulations for the licensing of new nuclear power
reactors. The NRC's goals in amending these regulations would be to
ensure consistency in new reactor licensing reviews, provide for an
efficient new reactor licensing process, reduce the need for exemptions
from existing regulations and license amendment requests, address other
new reactor licensing issues deemed relevant by the NRC, and support
the principles of good regulation, specifically openness, clarity, and
reliability. The NRC plans to hold a public meeting to promote a full
understanding of the rulemaking, discuss the regulatory basis, and
facilitate public participation.
DATES: Submit comments by April 14, 2021. Comments received after this
date will be considered if it is practical to do so, but the NRC is
only able to ensure consideration of comments received on or before
this date.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal Rulemaking Website:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2009-0196. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
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.
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: James G. O'Driscoll, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-1325; email:
[email protected]; or Allen Fetter, Office of Nuclear Reactor
Regulation; telephone: 301-415-8556; email: [email protected]. Both
are staff of the U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2009-0196 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-2009-0196.
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 ``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, 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.
Attention: The PDR where you may examine and order copies
of public documents is currently closed. You may submit your request to
the PDR via email at [email protected] or call 1-800-397-4209
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except
Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2009-0196 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 to not
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. Please note that the
NRC will not provide formal written responses to each of the comments
received on the regulatory basis. However, the NRC will consider all
comments received in the rulemaking process.
II. Discussion
The NRC is requesting comments on a regulatory basis to support a
proposed rule that would amend the NRC's regulations for the licensing
of new nuclear power reactors in parts 50 and 52 of title 10 of the
Code of Federal Regulations (10 CFR). The NRC's goals in amending these
regulations would be to ensure consistency in new reactor licensing
reviews, provide for an efficient new reactor licensing process, reduce
the need for exemptions from existing regulations and license amendment
requests, address other new reactor licensing issues deemed relevant by
the NRC, and support the principles of good regulation, specifically
openness, clarity, and reliability. These rule changes would apply to
any power reactor application submitted to the NRC. For example, the
scope of
[[Page 7514]]
impacted entities includes applicants for designs and facilities
similar to large light water reactors operating today, new, large light
water reactors (e.g., similar to the KHNP APR-1400 and Westinghouse
AP1000), small modular reactors (e.g., similar to NuScale small modular
reactor), and non-light water reactors (e.g., high temperature gas
reactor, fast reactors, and molten salt reactors)
On January 15, 2019, the NRC held a Category 3 public meeting to
obtain feedback from external stakeholders on the scope of the
development of the regulatory basis for this proposed rule.
Representatives of the commercial nuclear power industry presented 18
suggested changes at the meeting and submitted a list of 20 additional
suggested changes.
On September 20, 2019, the NRC met with individual members of the
Regulatory Policies and Practices Subcommittee of the Advisory
Committee on Reactor Safeguards (ACRS). The purpose of the meeting was
to receive the ACRS members' observations on the implementation of the
10 CFR part 52 process based on their individual perspectives from
their reviews of early site permit (ESP), design certification (DC),
and combined license applications.
On November 21, 2019, and April 29, 2020, the NRC held Category 3
public meetings with members of the public to provide updates on the
agency's efforts since the January 15, 2019, public meeting. In these
meetings, the NRC provided updates on progress including an overview of
the scope of the regulatory basis. At both meetings, the NRC conducted
question and answer sessions. Consistent with the NRC's rulemaking
process, the NRC has prepared a regulatory basis to describe and
document the results of assessments performed by the NRC in support of
the proposed rule. This regulatory basis and the meeting summaries,
including transcripts, are listed in the ``Availability of Documents''
section of this document.
In the regulatory basis, the NRC concludes that there is sufficient
basis to proceed with rulemaking to address the alignment of regulatory
requirements associated with 10 CFR parts 50 and 52 and the
incorporation of lessons learned from new reactor licensing reviews.
However, through development of its regulatory basis, the NRC has
determined that some areas within the scope previously discussed could
be addressed using other regulatory alternatives.
The Commission has not approved any specific recommendation in the
regulatory basis at this time, and as such, any conclusions regarding
the elements of the alignment of licensing processes and lessons
learned from new reactor licensing process rulemaking are subject to
change.
III. Specific Requests for Comments
The NRC is requesting comment on the regulatory basis titled
``Alignment of Licensing Processes and Lessons Learned from New Reactor
Licensing.'' As you prepare your comments, consider the following
general questions:
1. Is the NRC considering appropriate options for each regulatory
area described in the regulatory basis?
2. Are there additional factors that the NRC should consider in
each regulatory area? What are these factors?
3. Are there any additional options that the NRC should consider
during development of the proposed rule?
4. Is there additional information concerning regulatory impacts
that the NRC should include in its regulatory analysis for this
rulemaking?
Specific Regulatory Issues
In addition to the general questions, the NRC has identified
additional areas of consideration that could either be included in the
scope of the alignment of licensing processes and lessons learned from
new reactor licensing rulemaking or addressed through other actions.
The NRC may include additional discussion of these issues in the
proposed rule, and if included, will use any public comments received
regarding these issues to inform the development of the proposed rule.
The NRC requests that members of the public answer the following
specific questions regarding these additional regulatory issues.
Emergency Planning
Significant Impediments to Development of Emergency Plans
As required by Sec. 52.17(b)(1), the site safety analysis report
for an ESP application must include an evaluation of the physical
characteristics of the proposed site, such as egress limitations from
the area surrounding the site, that could pose a significant impediment
to the development of emergency plans.
1. The NRC is considering revising the guidance in Regulatory Guide
4.7, ``General Site Suitability Criteria for Nuclear Power Stations,''
and NUREG-0800, ``Standard Review Plan for the Review of Safety
Analysis Reports for Nuclear Power Plants: LWR Edition,'' Chapter 13,
``Conduct of Operations,'' on how to meet the requirements of Sec.
52.17(b)(1) and the siting criteria in 10 CFR part 100, ``Reactor site
criteria,'' as it relates to siting and emergency planning for ESP
reviews. The NRC is seeking comment on the appropriate distance within
which to perform the analysis to demonstrate compliance with the siting
criteria for identifying site characteristics that could pose
significant impediments to the development of emergency plans. Please
provide a basis for your response.
Part 52 Process
Standard Design Approvals Duration, Manufacturing License Renewal and
Manufacturing License Expiration Date
As described in Sec. 52.147, standard design approvals (SDAs) are
valid for 15 years from the date of issuance and may not be renewed.
For manufacturing licenses (MLs), Sec. 52.173 specifies that a license
authorizing manufacture of nuclear power reactors is valid for no more
than 15 years from the date of issuance. As part of this rulemaking,
the NRC is considering the removal of the 15-year duration for DCs
established in Sec. 52.55 and DC renewal requirements in Sec. Sec.
52.57, 52.59, and 52.61 and 10 CFR part 52 DC appendices. This would
result in DCs that never expire and, therefore, do not need to be
renewed every 15 years. The 2007 10 CFR part 52 final rule provided the
term of an SDA to be for 15 years and the term of an ML to be for no
less than 5, or no more than 15 years from the date of issuance. The
Commission established the 15-year maximum term for SDAs and MLs to be
consistent with the maximum term for a standard design certification.
The 5-year minimum term was established by the Commission to encourage
the use of an ML for the manufacture of more than one nuclear power
reactor.
2. If the NRC eliminates the renewal requirements for DCs, should
the NRC consider eliminating or changing duration requirements for MLs?
3. If the NRC eliminates the renewal requirements for DCs, should
the NRC consider eliminating or changing the duration requirements for
SDAs?
Expired Design Certifications in 10 CFR Part 52
As part of the proposed rule, the NRC is considering the removal of
the 15-year duration for DCs established in Sec. 52.55 and DC renewal
requirements in Sec. Sec. 52.57, 52.59, and 52.61 and 10 CFR part 52
DC appendices. This would result in DCs that never expire and,
therefore, do not need to be renewed every 15 years. However, there are
presently two DCs contained in the appendices to 10 CFR part 52 (AP600
[[Page 7515]]
and System 80+) that have already expired.
4. Should the NRC remove expired DC rules from the appendices to 10
CFR part 52 in the proposed rule?
Relationship to Advanced Reactors
The current regulations in 10 CFR parts 50 and 52 were largely
written during a period when the NRC was licensing light-water-
reactors. Today, significant stakeholder interest exists in licensing
new advanced non-light-water reactor designs. As such, in the proposed
rule and in subsequent rulemakings addressing new licensing regulations
for advanced reactors, the NRC wants to ensure that it considers
stakeholder feedback on how regulatory changes would impact potential
non-light-water reactor applicants.
For example, the NRC recommends revising Sec. 50.34(f) so that the
TMI requirements in Sec. 50.34(f) apply to new power reactor
applications submitted under 10 CFR part 50, with the same exceptions
given for 10 CFR part 52 applicants. Section 50.34(f) requires 10 CFR
part 52 applicants to provide information necessary to demonstrate
compliance with any ``technically relevant'' positions of the
requirements in Sec. 50.34(f)(1) through (3) with the exception of
Sec. 50.34(f)(1)(xii), (f)(2)(ix), and (f)(3)(v). The NRC is still
considering whether and how these regulations would apply to non-light
water reactors.
5. Please provide feedback on impacts of the TMI requirements on
non-LWR applicants the NRC should consider in the scope of the proposed
rule. Please provide the basis for your answer.
IV. Cumulative Effects of Regulation
The cumulative effects of regulation (CER) describes the challenges
that licensees or other impacted entities (such as State agency
partners) may face while implementing new regulatory positions,
programs, and requirements (e.g., rules, generic letters, backfits,
inspections). The CER is an organizational effectiveness challenge that
results from a licensee or impacted entity implementing a number of
complex positions, programs, or requirements within a limited
implementation period and with available resources (which may include
limited available expertise to address a specific issue). The NRC has
implemented CER enhancements to the rulemaking process to facilitate
public involvement throughout the rulemaking process. Therefore, the
NRC is specifically requesting comment on the cumulative effects that
may result from this proposed rulemaking. In developing comments on the
regulatory basis, consider the following questions:
1. In light of any current or projected CER challenges, what should
be a reasonable effective date, compliance date, or submittal date(s)
from the time the final rule is published to the actual implementation
of any new proposed requirements, including changes to programs,
procedures, or the facility?
2. If CER challenges currently exist or are expected, what should
be done to address them? For example, if more time is required for
implementation of the new requirements, what period of time is
sufficient?
3. Do other regulatory actions (e.g., orders, generic
communications, license amendment requests, and inspection findings of
a generic nature) by the NRC or other agencies influence the
implementation of the potential proposed requirements?
4. Are there unintended consequences? Does the potential proposed
action create conditions that would be contrary to the potential
proposed action's purpose and objectives? If so, what are the
consequences and how should they be addressed?
5. Please comment on NRC's costs and benefits estimate of the
potential proposed action. This information will be used to support
additional regulatory analysis by the NRC.
V. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, well-organized manner.
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 in the Federal Register on June 10,
1998 (63 FR 31883). The NRC requests comment on this document with
respect to the clarity and effectiveness of the language used.
VI. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the methods, as indicated.
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ADAMS accession number/
Document web link/Federal Register
citation
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Regulatory Basis for Rulemaking to Align ML20149K680.
Licensing Processes and Lessons Learned from
New Reactor Licensing.
SECY-15-0002, ``Proposed Updates of Licensing ML13277A420 (package).
Policies, Rules and Guidance for Future New
Reactor Applications,'' January 8, 2015.
SRM-SECY-15-0002, ``Staff Requirements--SECY- ML15266A023.
15-0002--Proposed Updates of Licensing
Policies, Rules and Guidance for Future New
Reactor Applications,'' September 22, 2015.
Public Meeting Summary, ``Summary of January ML19023A046.
15, 2019, Public Meeting to Discuss the
Proposed Rulemaking to Align the Regulations
in Parts 50 and 52 to Address Updates to the
Licensing Processes and Lessons Learned for
Future New Reactor Applications,'' January
30, 2019.
SECY-19-0084, ``Status of Rulemaking to Align ML19161A169 (package).
Licensing Processes and Lessons Learned from
New Reactor Licensing (RIN 3150-AI66),''
August 27, 2019.
Transcript of the Advisory Committee on ML19294A009.
Reactor Safeguards Regulatory Policies &
Practices--Part 50 52 Meeting--September 20,
2019.
Summary of November 21, 2019, Category 3 ML19344C768.
Public Meeting RE: Regulatory Basis:
Rulemaking to Align Licensing Processes and
Apply Lessons Learned from New Reactor
Licensing (NRC-2009-0196).
Summary of April 29, 2020, Public Meeting to ML20141L609.
Discuss the Status of Rulemaking to Align
Licensing Processes and Apply Lessons
Learned from New Reactor Licensing [NRC-2009-
0196; RIN 3150-AI66].
SECY-19-0034, ``Improving Design ML19080A032.
Certification Content,'' April 24, 2019.
NUREG-0800, ``Standard Review Plan for the https://www.nrc.gov/
Review of Safety Analysis Reports for reading-rm/doc-
Nuclear Power Plants: LWR Edition,'' with collections/nuregs/staff/
updates through 2007. sr0800/.
Regulatory Guide 4.7, Revision 3, ``General ML12188A053.
Site Suitability Criteria for Nuclear Power
Stations''.
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The NRC may post additional materials related to this rulemaking
activity to the Federal rulemaking website at www.regulations.gov under
Docket ID NRC-2009-0196. These documents will inform the public of the
current status of this activity and/or provide additional material for
use at future public meetings.
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-2009-0196); (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).
Dated: January 19, 2021.
For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Rulemaking, Environmental and Financial Support,
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2021-01860 Filed 1-28-21; 8:45 am]
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