[Federal Register Volume 86, Number 181 (Wednesday, September 22, 2021)]
[Rules and Regulations]
[Pages 52593-52599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20226]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 /
Rules and Regulations
[[Page 52593]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 52
[NRC-2020-0269]
RIN 3150-AK56
Extending the Duration of the AP1000 Design Certification
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule and issuance of environmental assessment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to update the design to reflect changes provided by
Westinghouse Electric Company LLC and to extend the duration of the
AP1000 design certification for an additional 5 years. The NRC is also
issuing an environmental assessment.
DATES: The final rule is effective December 6, 2021, unless significant
adverse comments are received by October 22, 2021. If the direct final
rule is withdrawn as a result of such comments, timely notice of the
withdrawal will be published in the Federal Register. The incorporation
by reference of certain publications listed in this regulation is
approved by the Director of the Office of the Federal Register as of
December 6, 2021.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0269. 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: Daniel Doyle, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-3748, email:
[email protected], or Bruce Bavol, Office of Nuclear Reactor
Regulation, telephone: 301-415-6715, 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. Discussion
V. Section-by-Section Analysis
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Plain Writing
X. Environmental Assessment and Final Finding of No Significant
Impact
XI. Paperwork Reduction Act
XII. Congressional Review Act
XIII. Agreement State Compatibility
XIV. Voluntary Consensus Standards
XV. Availability of Documents
XVI. Procedures for Access to Proprietary and Security-Related
Information for Preparation of Comments on the Direct Final Rule
XVII. Incorporation by Reference--Reasonable Availability to
Interested Parties
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2020-0269 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-2020-0269.
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 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.
Attention: The Public Document Room, where you may examine
and order copies of public documents, is currently closed. You may
submit your request via email at [email protected] or call 1-800-
397-4209 between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday,
except Federal holidays.
Attention: The Technical Library, which is located at Two
White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852, is
open by appointment only. Interested parties may make appointments to
examine documents by contacting the NRC Technical Library by email at
[email protected] between 8:00 a.m. and 4:00 p.m. (ET), Monday
through Friday, except Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2020-0269 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
[[Page 52594]]
submissions available to the public or entering the comment into ADAMS.
Comments received after October 22, 2021, 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. Comments received on this
direct final rule also will be considered to be comments on a companion
proposed rule published in the Proposed Rules section of this issue of
the Federal Register.
II. Rulemaking Procedure
Because the NRC anticipates that this action will be non-
controversial, the NRC is using the ``direct final rule procedure'' for
this rule. The rule will become effective on December 6, 2021. However,
if the NRC receives significant adverse comments by October 22, 2021,
then the NRC will publish a document that withdraws this direct final
rule and will subsequently address the comments received in any final
rule as a response to the companion proposed rule published in the
Proposed Rules section of this issue of the Federal Register. Absent
significant modifications to the proposed revisions requiring
republication, the NRC does not intend to initiate a second comment
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 (including the environmental assessment) 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 it meets the following criteria:
(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 detailed instructions on filing comments, please see the
ADDRESSES section in the companion proposed rule published in the
Proposed Rules section of this issue of the Federal Register.
III. Background
The NRC is amending the design certification (DC) for the AP1000
standard plant design to extend the duration of the DC for 5 years, as
proposed by the NRC staff in SECY-20-0082, ``Rulemaking Plan to Extend
the Duration of the AP1000 Design Certification,'' dated September 8,
2020 (``rulemaking plan''), and approved by the Commission in SRM-SECY-
20-0082, dated November 17, 2020. To issue this extension, the NRC must
conclude that the standard design continues to meet the applicable
standards and requirements of the Atomic Energy Act of 1954, as amended
(the AEA), and the Commission's regulations. This action allows an
applicant to reference the AP1000 design certification while the
Commission considers potential changes to the duration and renewal of
future and currently valid design certifications more broadly in a
separate, ongoing rulemaking (Alignment of Licensing Processes and
Lessons Learned from New Reactor Licensing NRC-2009-0196; RIN 3150-
AI66). The NRC also is updating the DC to reflect changes provided by
Westinghouse Electric Company LLC (Westinghouse), by letter dated March
19, 2021 (ADAMS Accession No. ML21081A023).
The purpose of the amendment is to extend by 5 years the period
that the AP1000 DC is valid for referencing by an applicant and to
include design changes previously approved by the NRC in multiple
combined license proceedings. The extended duration aligns with the
extended renewal period previously granted by the NRC to Westinghouse
for the AP1000 DC in its exemption issued by letter dated February 14,
2018 (ADAMS Accession No. ML17265A099). With this duration extension,
the AP1000 DC remains valid for referencing until February 27, 2026.
The AP1000 DC in appendix D, ``Design Certification Rule for the
AP1000 Design,'' to part 52, ``Licenses, Certifications, and Approvals
for Nuclear Power Plants,'' of title 10 of the Code of Federal
Regulations (10 CFR) expired on February 27, 2021. By letter dated June
26, 2020, Westinghouse requested that the NRC extend the duration of
the AP1000 DC by 5 years, retroactive to the expiration date.
IV. Discussion
In the rulemaking plan, the NRC staff acknowledged that there were
known design issues that it would need to assess in the rulemaking to
determine their impact on the necessary safety and environmental
findings. The following five aspects of the design were discovered to
have issues after the NRC updated the design certification rule to
incorporate Revision 19 of the AP1000 design control document (DCD)
(ADAMS Accession No. ML11171A500) on December 30, 2011: (1) Passive
core cooling system containment condensate return, (2) main control
room dose, (3) main control room heatup, (4) hydrogen vent inspections,
tests, analyses, and acceptance criteria (ITAAC), and (5) neutron flux
logic operating bypass. Combined license holders and applicants have
previously referenced and resolved these five design issues, and the
NRC has approved the same changes to address the issues in multiple
combined license applications and amendments.
After the NRC staff began assessing the known design issues for the
rulemaking, Westinghouse indicated its preference to update the design
to reflect the changes made in the previous applications referencing
the AP1000 design. By letter dated March 19, 2021 (ADAMS Accession No.
ML21081A023), Westinghouse submitted applicable AP1000 DCD markups and
references that illustrate how: (1) The five issues have been corrected
based on construction of the current AP1000 reactors for Southern
Nuclear Company Vogtle Electric Generating Plant, Units 3 and 4, and
(2) Westinghouse has marked up the referenced DCD in accordance with
those changes. The NRC staff used these references to verify the
Westinghouse submitted DCD markups are the same as the design changes
the NRC has previously reviewed and approved to address the design
issues.
The NRC staff verified, as documented in the NRC staff's
Verification Evaluation Report, that the corrected information provided
in the markups is the same as has been previously reviewed and approved
by the NRC for various combined license and license amendment
applications. In reviewing those applications, the NRC staff determined
that the design changes resolved the identified design issues, met the
applicable regulations, and that the design as modified met the
applicable requirements of the AEA and the NRC's regulations. Neither
the applicable provisions of the AEA nor the NRC's regulations have
changed since those applications were approved.
[[Page 52595]]
Therefore, the NRC concludes that the relevant safety findings reached
in the NRC staff reviews of those prior applications apply to the
AP1000 design changes incorporated by this final rule and that the
standard design, as modified by those changes, meets the applicable
standards of the AEA and the NRC's regulations.
V. Section-by-Section Analysis
The following paragraphs describe the specific changes in this
direct final rule.
Appendix D to Part 52--Design Certification Rule for the AP1000 Design
This direct final rule amends appendix D to 10 CFR part 52 to
incorporate amendments to the AP1000 generic design and to extend the
duration of the design certification for the AP1000 standard plant
design for 5 years.
II. Definitions
This final rule revises paragraph A by making ``document'' and
``is'' plural.
III. Scope and Contents
This final rule revises paragraph A to include new documents. It
also amends paragraph D by adding new paragraph D.3. to clarify which
document controls if there is a conflict between the generic DCD and
any of the safety evaluations listed in new paragraphs D.3.a. through
D.3.f.
V. Applicable Regulations
This final rule adds a new paragraph A.3. to show the regulations
that are applicable to the generic AP1000 design as amended.
VI. Issue Resolution
This final rule revises paragraphs B.1. to include the Verification
Evaluation Report and note that the documents referenced in this
paragraph have been amended by the supplemental information submitted
by Westinghouse. It revises paragraph B.7 to include the NRC's final
environmental assessment of the amendment and extension of the AP1000
DC.
VII. Duration of This Appendix
This final rule revises the period of reference for Appendix D from
15 years to 20 years.
VI. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC
certifies that this direct final rule does not have a significant
economic impact on a substantial number of small entities. This direct
final rule affects only the licensing and operation of nuclear power
plants. The companies that own these plants or would apply to own such
a plant do not fall within the scope of the definition of ``small
entities'' set forth in the Regulatory Flexibility Act or the size
standards established by the NRC (Sec. 2.810).
VII. Regulatory Analysis
The NRC has not prepared a regulatory analysis for this direct
final rule. The NRC prepares regulatory analyses for rulemakings that
establish generic regulatory requirements applicable to all licensees.
Design certifications are not generic rulemakings in the sense that
design certifications do not establish standards or requirements with
which all licensees must comply. Rather, design certifications are NRC
approvals of specific nuclear power plant designs by rulemaking, which
then may be voluntarily referenced by applicants for combined licenses
or construction permits. For these reasons, the NRC concludes that
preparation of a regulatory analysis is neither required nor
appropriate.
VIII. Backfitting and Issue Finality
The NRC has determined that this direct final rule does not
constitute backfitting as defined in the backfit rule (Sec. 50.109)
and does not affect the issue finality of any approval issued under 10
CFR part 52.
This final rule extending the duration of the AP1000 design
certification and adopting design changes does not constitute
backfitting as defined in the backfit rule because the extension of the
design certification does not affect any previously issued licenses. In
addition, the design changes do not constitute backfitting because all
existing licenses referencing the AP1000 standard design have
previously been amended to adopt the same design changes incorporated
by this rule, and the rule therefore does not result in modifications
or additions to those facilities.
This rule does not affect the issue finality of any approval issued
under 10 CFR part 52 because the AP1000 design certification is not
currently in effect under Sec. Sec. 52.55 or 52.61, and therefore
issue finality under Sec. 52.63(a) does not apply to the AP1000 design
certification rule.
IX. 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 31885).
X. Environmental Assessment and Final Finding of No Significant Impact
The NRC has determined under the National Environmental Policy Act
of 1969, as amended (NEPA), and the NRC's regulations in subpart A,
``National Environmental Policy Act--Regulations Implementing Section
102(2),'' of 10 CFR part 51, ``Environmental Protection Regulations for
Domestic Licensing and Related Regulatory Functions,'' that this direct
final rule, if confirmed, would not be a major Federal action
significantly affecting the quality of the human environment and,
therefore, an environmental impact statement is not required. The NRC's
generic determination in this regard, reflected in Sec. 51.32(b)(1),
is based upon the following considerations. A design certification rule
does not authorize the siting, construction, or operation of a facility
referencing any particular design, but only codifies a standard design
certification in a rule (extending the AP1000 design certification and
incorporating changes to the design in this case). The NRC will
evaluate the environmental impacts and issue an environmental impact
statement as appropriate under NEPA as part of the application for the
construction and operation of a facility referencing any particular
design certification rule.
The determination of this environmental assessment is that there
will be no significant environmental impact from this action. The
environmental assessment is available as indicated in the Availability
of Documents section.
XI. Paperwork Reduction Act
This direct final rule does not contain any new or amended
collections of information subject to the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were
approved by the Office of Management and Budget, control number 3150-
0151.
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 Office of
Management and Budget control number.
[[Page 52596]]
XII. Congressional Review Act
This direct final rule is a rule as defined in the Congressional
Review Act (5 U.S.C. 801-808). However, the Office of Management and
Budget has not found it to be a major rule as defined in the
Congressional Review Act.
XIII. Agreement State Compatibility
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement States Programs,'' approved by the Commission on June 20,
1997, and published in the Federal Register (62 FR 46517; September 3,
1997), this rule is classified as compatibility ``NRC.'' Compatibility
is not required for Category ``NRC'' regulations. The NRC program
elements in this category are those that relate directly to areas of
regulation reserved to the NRC by the Atomic Energy Act or the
provisions of 10 CFR, and although an Agreement State may not adopt
program elements reserved to the NRC, it may wish to inform its
licensees of certain requirements by a mechanism that is consistent
with a particular State's administrative procedure laws, but does not
confer regulatory authority on the State.
XIV. 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. 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.
XV. 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.
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ADAMS Accession No./ Federal
Document Register citation
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Environmental Assessment by the ML21181A109
U.S. Nuclear Regulatory
Commission Relating to Extension
of the AP1000 Standard Design
Certification Docket No. 52-006,
dated September 1, 2021.
Reactor Regulatory History on ML003761550
Design Certification Rules, dated
April 26, 2000 \1\.
SECY-20-0082, ``Rulemaking Plan to ML20252A153
Extend the Duration of the AP1000
Design Certification,'' dated
September 8, 2020.
Staff Requirements Memorandum for ML20322A047
SECY-20-0082, ``Rulemaking Plan
to Extend the Duration of the
AP1000 Design Certification,''
dated November 17, 2020.
U.S. Nuclear Regulatory Commission ML21131A221
Verification Evaluation Report,
dated May 11, 2021.
Westinghouse AP1000 Design Control ML11171A500
Document Revision 19, dated June
13, 2011.
NRC Letter for the Staff ML17265A099
Evaluation of the Westinghouse
Request for Exemptions Related to
the Duration of the AP1000 Design
Certification, dated February 14,
2018.
Westinghouse Electric Company LLC-- ML20178A640
AP1000 Design Certification
Extension Request, dated June 26,
2020.
Westinghouse Electric Company LLC, ML21081A023
Supplemental Information to
Support the AP1000 Design
Certification Extension (Non-
proprietary), DCP_NRC_003343,
dated March 19, 2021.
Safety Evaluation--Issuance of ML17024A307
Amendment Nos. 72 and 71 for
Southern Nuclear Company, Inc.,
Vogtle Units 3 and 4,
Respectively, License Amendment
Request (LAR) 16-026, dated
February 27, 2017.
Safety Evaluation--Amendment Nos. ML18085A628
123 and 122 for Southern Nuclear
Company, Inc., Vogtle Electric
Generating Plant Units 3 and 4,
Respectively, LAR-17-023, dated
April 20, 2018.
Safety Evaluation--Amendment Nos. ML18011A894
108 and 107 for Southern Nuclear
Company, Inc., Vogtle Units 3 and
4, Respectively, LAR-17-001,
dated February 1, 2018.
Safety Evaluation--Amendment Nos. ML17213A224
84 and 83 for Southern Nuclear
Company, Inc., Vogtle Units 3 and
4, Respectively, LAR-17-003,
dated August 23, 2017.
Safety Evaluation--Amendment Nos. ML16320A174
71 and 70 for Southern Nuclear
Company, Inc., Vogtle Units 3 and
4, Respectively, LAR-16-006,
dated February 24, 2017.
Safety Evaluation--Florida Power ML16266A185
and Light Company's Turkey Point
Nuclear Generating Units 6 and 7,
FSER Chapter 16, ``Technical
Specifications,'' dated November
10, 2016.
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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-2020-0269.
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\1\ The regulatory history of the NRC's design certification
reviews is a package of documents that is available in the NRC's
Public Document Room and NRC Library: Reactor Regulatory History on
Design Certification Rules, April 26, 2000. 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. This document predates this
rulemaking and therefore does not contain a regulatory history for
this rulemaking.
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XVI. Procedures for Access to Proprietary and Security-Related
Information for Preparation of Comments on the Direct Final Rule
This section contains instructions regarding how the non-publicly
available documents related to this rule, and specifically the
information contained in Enclosure 2 and Enclosure 4 of the March 19,
2021, letter from Westinghouse, ``Information Submittal Related to the
AP1000 Design Certification Extension,'' may be accessed by interested
persons who wish to comment on the design certification extension.
These documents contain proprietary information and security-related
information.
Interested persons who desire access to proprietary information or
security-related information on the AP1000 design certification
extension should first request access to that information from
Westinghouse Electric Company LLC, the design certification applicant.
A request for access should be submitted to the NRC if the applicant
does not either grant or deny access by the 10-day deadline described
in the following section.
[[Page 52597]]
Submitting a Request to the NRC for Access
Within 10 days after publication of this direct final rule, any
individual or entity who believes access to proprietary information or
security-related information is necessary in order to submit comments
on this rule may request access to such information. Requests for
access to proprietary information or security-related information
submitted more than 10 days after publication of this document will not
be considered absent a showing of good cause for the late filing
explaining why the request could not have been filed earlier.
The requestor shall submit a letter requesting permission to access
proprietary information or security-related information to the Office
of the Secretary, U.S. Nuclear Regulatory Commission, Attention:
Rulemakings and Adjudications Staff, Washington, DC 20555-0001. The
email address for the Office of the Secretary is
[email protected]. The requestor must send a copy of the
request to the design certification applicant at the same time as the
original transmission to the NRC using the same method of transmission.
Requests to the applicant must be sent to Zachary S. Harper, Manager,
Licensing Engineering, Westinghouse Electric Company LLC, 1000
Westinghouse Drive, Cranberry Township, Pennsylvania 16066.
The request must include the following information:
(1) The name of this design certification, AP1000 Design
Certification; the rulemaking identification number, RIN 3150-AK56; the
rulemaking docket number, NRC-2020-0269; and the Federal Register
citation for this rule.
(2) The name, address, and email or fax number of the requestor.
(3) The identity of the individual(s) to whom access is to be
provided, including the identity of any expert, consultant, or
assistant who will aid the requestor in evaluating the information.
(4) The requestor's need for the proprietary information or
security-related information in order to prepare meaningful comments on
the design certification extension must be demonstrated. Each of the
following areas must be addressed with specificity:
(a) The specific issue or subject matter on which the requestor
wishes to comment.
(b) An explanation why information which is publicly available is
insufficient to provide the basis for developing meaningful comment on
the AP1000 design certification extension rule with respect to the
issue or subject matter described in paragraph 4.a. of this section.
(c) The technical competence (demonstrable knowledge, skill,
training or education) of the requestor to effectively utilize the
requested information to provide the basis for meaningful comment.
Technical competence may be shown by reliance on a qualified expert,
consultant, or assistant who satisfies these criteria.
(d) A chronology and discussion of the requestor's attempts to
obtain the information from the design certification applicant, and the
final communication from the requestor to the applicant and the
applicant's response, if any was provided, with respect to the request
for access to proprietary information or security-related information
must be submitted.
Based on an evaluation of the information submitted under paragraph
(4) of this section, as applicable, the NRC will determine within 10
days of receipt of the request whether the requestor has established a
legitimate need for access to proprietary information or security-
related information.
Determination of Legitimate Need for Access
If the NRC determines that the requestor has established a
legitimate need for access to proprietary information or security-
related information, the NRC will notify the requestor in writing that
access to proprietary information or security-related information has
been granted. The written notification will contain instructions on how
the requestor may obtain copies of the requested documents and any
other conditions that may apply to access to those documents. These
conditions may include, but are not limited to, the signing of a Non-
Disclosure Agreement or Affidavit by each individual who will be
granted access.
Filing of Comments on the AP1000 Design Certification Extension Rule
Based on Non-Public Information
Any comments on this final rule that are based upon the disclosed
proprietary information or security-related information must be filed
by the requestor no later than 25 days after receipt of (or access to)
that information, or the close of the public comment period, whichever
is later. The commenter must comply with all NRC requirements regarding
the submission of proprietary information and security-related
information to the NRC when submitting comments to the NRC (including
marking and transmission requirements).
Review of Denials of Access
If the request for access to proprietary information or security-
related information is denied by the NRC after a determination on
requisite need, the NRC staff shall immediately notify the requestor in
writing, briefly stating the reason or reasons for the denial.
The requestor may challenge the NRC staff's adverse determination
by filing a challenge within 5 days of receipt of that determination
with the NRC's Executive Director for Operations under Sec. 9.29(d).
XVII. Incorporation by Reference--Reasonable Availability to Interested
Parties
The NRC is incorporating by reference a document submitted by
Westinghouse that updates the AP1000 DC, Revision 19. As described in
the Discussion section of this document, the information submitted by
Westinghouse includes the applicable AP1000 DC markups and references
that illustrate how the five known design issues have been corrected
and how Westinghouse has marked up the referenced DCD in accordance
with those changes.
The NRC is required by law to obtain approval for incorporation by
reference from the Office of the Federal Register. The Office of the
Federal Register's requirements for incorporation by reference are set
forth in 1 CFR part 51. These regulations require an agency to include
in a direct final rule a discussion of the ways that the materials the
agency incorporates by reference are reasonably available to interested
parties or how it worked to make those materials reasonably available
to interested parties. The discussion in this section complies with the
requirement for direct final rules as set forth in 1 CFR 51.5(b)(2).
The NRC considers ``interested parties'' to include all potential
NRC stakeholders, not only the individuals and entities regulated or
otherwise subject to the NRC's regulatory oversight. These NRC
stakeholders are not a homogeneous group but vary with respect to the
considerations for determining reasonable availability. Therefore, the
NRC distinguishes between different classes of interested parties for
the purposes of determining whether the material is ``reasonably
available.'' The NRC considers the following to be classes of
interested parties in NRC rulemakings with regard
[[Page 52598]]
to the material to be incorporated by reference:
Individuals and small entities regulated or otherwise
subject to the NRC's regulatory oversight (this class also includes
applicants and potential applicants for licenses and other NRC
regulatory approvals) and who are subject to the material to be
incorporated by reference by rulemaking. In this context, ``small
entities'' has the same meaning as a ``small entity'' under Sec.
2.810.
Large entities otherwise subject to the NRC's regulatory
oversight (this class also includes applicants and potential applicants
for licenses and other NRC regulatory approvals) and who are subject to
the material to be incorporated by reference by rulemaking. In this
context, ``large entities'' are those that do not qualify as a ``small
entity'' under Sec. 2.810.
Non-governmental organizations with institutional
interests in the matters regulated by the NRC.
Other Federal agencies, States, local governmental bodies
(within the meaning of Sec. 2.315(c)).
Federally-recognized and State-recognized \2\ Indian
tribes.
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\2\ State-recognized Indian tribes are not within the scope of
10 CFR 2.315(c). However, for purposes of the NRC's compliance with
1 CFR 51.5, ``interested parties'' includes a broad set of
stakeholders, including State-recognized Indian tribes.
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Members of the general public (i.e., individual,
unaffiliated members of the public who are not regulated or otherwise
subject to the NRC's regulatory oversight) who may wish to gain access
to the materials which the NRC incorporates by reference by rulemaking
in order to participate in the rulemaking process.
The NRC makes the materials incorporated by reference available for
inspection to all interested parties, by appointment, at the NRC
Technical Library, which is located at Two White Flint North, 11545
Rockville Pike, Rockville, Maryland 20852; telephone: 301-415-7000;
email: [email protected]. In addition, as described in the
Availability of Documents section, documents related to this direct
final rule are available online in the NRC's Agencywide Documents
Access and Management System (ADAMS) Public Documents collection at
https://www.nrc.gov/reading-rm/adams.html.
The NRC concludes that the materials the NRC is incorporating by
reference in this final rule are reasonably available to all interested
parties because the materials are available to all interested parties
in multiple ways and in a manner consistent with their interest in the
materials.
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.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended, the Energy Reorganization
Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR part 52:
PART 52--LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER
PLANTS
0
1. The authority citation for part 52 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 103, 104, 147, 149,
161, 181, 182, 183, 185, 186, 189, 223, 234 (42 U.S.C. 2133, 2134,
2167, 2169, 2201, 2231, 2232, 2233, 2235, 2236, 2239, 2273, 2282);
Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42
U.S.C. 5841, 5842, 5846, 5851); 44 U.S.C. 3504 note.
0
2. In appendix D to part 52:
0
a. Revise sections II.A, III.A, VI.B.1, VI.B.7, and VII; and
0
b. Add sections III.D.3 and V.A.3.
The revisions and additions read as follows:
Appendix D to Part 52--Design Certification Rule for the AP1000 Design
* * * * *
II. Definitions
A. Generic design control document (generic DCD) means the
documents containing the Tier 1 and Tier 2 information and generic
technical specifications that are incorporated by reference into
this appendix.
* * * * *
III. Scope and Contents
A. Tier 1, Tier 2 (including the investment protection short-
term availability controls in Section 16.3), and the generic TSs in
the AP1000 Design Control Document, Revision 19, (Public Version)
(AP1000 DCD), APP-GW-GL-702, dated June 13, 2011, and the amendments
thereto in DCP_NRC_003343, Supplemental Information to Support the
AP1000 Design Certification Extension (Non-proprietary), APP-GW-GL-
705 Rev. 0, copyright 2021 (Supplemental Information), are approved
for incorporation by reference by the Director of the Office of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. Copies of
the generic DCD and Supplemental Information may be obtained from
Zachary S. Harper, Manager, Licensing Engineering, Westinghouse
Electric Company, 1000 Westinghouse Drive, Cranberry Township,
Pennsylvania 16066, telephone (412) 374-5093. Copies of the generic
DCD and Supplemental Information are also available for examination
and copying at the NRC's PDR, Room O-1F21, One White Flint North,
11555 Rockville Pike, Rockville, Maryland 20852. Copies are
available, by appointment, for examination at the NRC Library, Two
White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852,
telephone (301) 415-5610, email [email protected]. The
generic DCD and Supplemental Information can also be viewed online
in the NRC Library at https://www.nrc.gov/reading-rm/adams.html by
searching under ADAMS Accession Nos. ML11171A500 and ML21081A023. If
you do not have access to ADAMS or if you have problems accessing
documents located in ADAMS, contact the NRC's PDR reference staff at
1-800-397-4209, at 301-415-3747, or by email at
[email protected]. Copies of the AP1000 materials are available
in the ADAMS Public Documents Collection. All approved material is
available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, email at [email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
D. * * *
0
3. The generic DCD controls if there is a conflict between the generic
DCD and any of the following Safety Evaluations (SEs) for the matters
discussed in the ``Verification Evaluation Report,'' May 11, 2021
(ADAMS Accession No. ML21131A221):
a. SE for Southern Nuclear Company's (SNC) Vogtle Units 3 and 4,
respectively, license amendment request (LAR) 16-026, February 27, 2017
(ADAMS Accession No. ML17024A307);
b. SE for SNC Vogtle Units 3 and 4, respectively, LAR-17-023, April
20, 2018 (ADAMS Accession No. ML18085A628);
c. SE for SNC Vogtle Units 3 and 4, respectively, LAR 17-001,
February 1, 2018 (ADAMS Accession No. ML18011A894);
d. SE for SNC Vogtle Units 3 and 4, respectively, LAR-17-003,
August 23, 2017 (ADAMS Accession No. ML17213A224);
e. SE for SNC Vogtle Units 3 and 4, respectively, LAR-16-006,
February 24, 2017 (ADAMS Accession No. ML16320A174);
f. SE for Florida Power and Light Company's Turkey Point Nuclear
Generating Units 6 and 7, respectively, Chapter 16, ``Technical
Specifications,''
[[Page 52599]]
November 10, 2016 (ADAMS Accession No. ML16266A185).
* * * * *
V. Applicable Regulations
A. * * * The regulations that apply to those portions of the
AP1000 design as amended by Supplemental Information are in 10 CFR
parts 20, 50, 52, 73, and 100, codified as of December 6, 2021, that
are applicable and technically relevant, as described in the SEs
listed in paragraphs III.D.3.a through III.D.3.f of this appendix.
* * * * *
VI. Issue Resolution
* * * * *
B. * * * All nuclear safety issues, except for the generic TS
and other operational requirements, associated with the information
in the FSER, Supplement Nos. 1 and 2, and the Verification
Evaluation Report (ADAMS Accession No. ML21131A221); Tier 1 and Tier
2 (including referenced information, which the context indicates is
intended as requirements, and the investment protection short-term
availability controls in Section 16.3 of the DCD) as amended by
Supplemental Information; and the rulemaking records for initial
certification, Amendment 1, and the duration extension of the AP1000
design;
* * * * *
7. All environmental issues concerning severe accident
mitigation design alternatives associated with the information in
the NRC's EA for the AP1000 design, Appendix 1B of Revision 15 of
the generic DCD, the NRC's final EA for Amendment 1 to the AP1000
design, Appendix 1B of Revision 19 of the generic DCD, and the NRC's
final EA relating to the extension of the AP1000 standard design
certification, for plants referencing this appendix whose site
parameters are within those specified in the severe accident
mitigation design alternatives evaluation.
* * * * *
VII. Duration of This Appendix
This appendix may be referenced for a period of 20 years from
February 27, 2006, except as provided for in 10 CFR 52.55(b) and
52.57(b). This appendix remains valid for an applicant or licensee
who references this appendix until the application is withdrawn or
the license expires, including any period of extended operation
under a renewed license.
* * * * *
Dated September 1, 2021.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021-20226 Filed 9-21-21; 8:45 am]
BILLING CODE 7590-01-P