[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]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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.

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

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.

------------------------------------------------------------------------
                                                ADAMS accession number/
                   Document                    web link/Federal Register
                                                        citation
------------------------------------------------------------------------
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''.
------------------------------------------------------------------------


[[Page 7516]]

    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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