[Federal Register Volume 86, Number 181 (Wednesday, September 22, 2021)]
[Proposed Rules]
[Pages 52619-52622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20227]
========================================================================
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. 86, No. 181 / Wednesday, September 22, 2021 /
Proposed Rules
[[Page 52619]]
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: Proposed rule and environmental assessment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend 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 invites
public comment on this proposed rule and environmental assessment.
DATES: Submit comments by October 22, 2021. 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
(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. Plain Writing
V. Environmental Assessment and Final Finding of No Significant
Impact
VI. Paperwork Reduction Act
VII. Voluntary Consensus Standards
VIII. Availability of Documents
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 submissions available
to the public or entering the comment into ADAMS.
II. Rulemaking Procedure
Because the NRC anticipates that this action will 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 December 6, 2021. However, if the NRC receives significant
adverse comments on this proposed rule or environmental assessment by
October 22, 2021, then the NRC will publish a document that withdraws
the direct final rule and will subsequently address the comments
received in any final rule as a response to this proposed rule. Absent
significant
[[Page 52620]]
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 additional information, including procedural information, see
the direct final rule published in the Rules and Regulations 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 would allow 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 would align 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 proposed
duration extension, the AP1000 DC would remain 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. 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 the direct 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. 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). The NRC requests comment on the
proposed rule with respect to clarity and effectiveness of the language
used.
VI. 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
[[Page 52621]]
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 proposed rule, if issued,
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. Comments on the environmental assessment will be
limited to the consideration of severe accident mitigation design
alternatives as required by Sec. 51.30(d). The environmental
assessment is available as indicated in the Availability of Documents
section.
VII. Paperwork Reduction Act
This proposed 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.
VIII. 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.
IX. 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.
------------------------------------------------------------------------
ADAMS Accession No./ Federal
Document Register citation
------------------------------------------------------------------------
Environmental Assessment by the U.S. ML21181A109
Nuclear Regulatory Commission Relating
to Extension of the AP1000 Standard
Design Certification Docket No. 52-
006, dated September 1, 2021.
Reactor Regulatory History on Design ML003761550
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 SECY- ML20322A047
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 Evaluation of ML17265A099
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. 123 ML18085A628
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. 108 ML18011A894
and 107 for Southern Nuclear Company,
Inc., Vogtle Units 3 and 4,
Respectively, LAR-17-001, dated
February 1, 2018.
Safety Evaluation--Amendment Nos. 84 ML17213A224
and 83 for Southern Nuclear Company,
Inc., Vogtle Units 3 and 4,
Respectively, LAR-17-003, dated August
23, 2017.
Safety Evaluation--Amendment Nos. 71 ML16320A174
and 70 for Southern Nuclear Company,
Inc., Vogtle Units 3 and 4,
Respectively, LAR-16-006, dated
February 24, 2017.
Safety Evaluation--Florida Power and ML16266A185
Light Company's Turkey Point Nuclear
Generating Units 6 and 7, FSER Chapter
16, ``Technical Specifications,''
dated November 10, 2016.
------------------------------------------------------------------------
\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.
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.
List of Subjects in 10 CFR Part 52
Administrative practice and procedure, Antitrust, Combined license,
Early site permit, Emergency planning,
[[Page 52622]]
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 September 1, 2021.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021-20227 Filed 9-21-21; 8:45 am]
BILLING CODE 7590-01-P