[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Proposed Rules]
[Pages 33846-33849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11179]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Parts 50 and 52

[NRC-2022-0073]


Draft Regulatory Guide: Guidance for a Technology-Inclusive 
Content of Application Methodology To Inform the Licensing Basis and 
Content of Applications for Licenses, Certifications, and Approvals for 
Non-Light-Water Reactors

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft guide; request for comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting 
public

[[Page 33847]]

comment on its draft Regulatory Guide (DG-1404), ``Guidance for a 
Technology-Inclusive Content of Application Methodology to Inform the 
Licensing Basis and Content of Applications for Licenses, 
Certifications, and Approvals for Non-Light-Water Reactors.'' This DG 
is a proposed new regulatory guide to provide guidance to assist 
interested parties and prospective applicants for the development of 
content for major portions of their safety analysis reports required in 
applications for licenses, certifications, and approvals by the NRC to 
ensure that non-light water reactor (non-LWR) facility designs using 
the Licensing Modernization Project (LMP) process meet the minimum 
requirements for construction permits, operating licenses, combined 
licenses, manufacturing licenses, standard design approval, or design 
certifications.

DATES: Submit comments by July 10, 2023. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
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; 
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-2022-0073. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individuals listed in the FOR FURTHER 
INFORMATION CONTACT section of this document.
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    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: Michael Orenak, Office of Nuclear 
Reactor Regulation, telephone: 301-415-3229; email: 
[email protected], or Robert Roche-Rivera, Office of Nuclear 
Regulatory Research, telephone: 301-415-8113; 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-2022-0073 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-2022-0073.
     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.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (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-2022-0073 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. Additional Information

    The NRC is issuing for public comment a DG in the NRC's 
``Regulatory Guide'' series. This series was developed to describe 
methods that are acceptable to the NRC staff for implementing specific 
parts of the agency's regulations, to explain techniques that the staff 
uses in evaluating specific issues or postulated events, and to 
describe information that the staff needs in its review of applications 
for permits and licenses.
    The DG, entitled ``Guidance for a Technology-Inclusive Content of 
Application Methodology to Inform the Licensing Basis and Content of 
Applications for Licenses, Certifications, and Approvals for Non-Light-
Water Reactors,'' is temporarily identified by its task number, DG-
1404.
    The staff is also issuing for public comment a draft regulatory 
analysis. The staff developed a regulatory analysis to assess the value 
of issuing or revising a regulatory guide (RG) as well as alternative 
courses of action.
    The NRC anticipates the submission of advanced power-reactor 
applications within the next few years based on preapplication 
engagement initiated by several prospective applicants. Because many of 
these designs are non-LWRs, the NRC is developing technology-inclusive, 
risk-informed, performance-based guidance to support the development of 
major portions of safety analysis report content for these non-LWR 
applications. The proposed guidance describes the development of major 
portions of the safety analysis report using the industry-developed 
guidance contained in Nuclear Energy Institute (NEI) 21-07, Revision 1, 
``Technology Inclusive Guidance for Non-Light-Water Reactors, Safety 
Analysis Report Content for Applicants Using the NEI 18-04 
Methodology,'' (ADAMS Accession No. ML22060A190). The proposed guidance 
will facilitate the development of non-LWR applications for 
construction permits or operating licenses under part 50 of title 10 of 
the Code of Federal Regulations (10 CFR), ``Domestic Licensing of 
Production and Utilization Facilities,'' or combined licenses, 
manufacturing licenses, standard design approval, or design 
certifications under 10 CFR part 52, ``Licenses, Certifications, and 
Approvals for Nuclear Power Plants.'' The NRC is developing a rule to 
amend parts 50 and 52 (RIN 3150-Al66). The

[[Page 33848]]

NRC staff notes this proposed RG may need to be updated to conform to 
changes to 10 CFR parts 50 and 52, if any, adopted through that 
rulemaking. Further, as of the date of this DG, the NRC is developing 
an optional performance-based, technology-inclusive regulatory 
framework for licensing nuclear power plants designated as 10 CFR part 
53, ``Licensing and Regulation of Advanced Nuclear Reactors,'' (RIN 
3150-AK31). The NRC intends to revise this proposed guidance as a part 
of the ongoing rulemaking for 10 CFR part 53.
    To standardize the development of content of a non-LWR application, 
the staff focused on two activities: the Advanced Reactor Content of 
Application Project (ARCAP) and the Technology-Inclusive Content of 
Application Project (TICAP). The ARCAP is an NRC-led activity that is 
intended to result in guidance for a complete non-LWR application for 
review under 10 CFR part 50 or 10 CFR part 52, and which the staff 
would update, as appropriate, pending the issuance of the 10 CFR part 
50 and 10 CFR part 52 rulemaking previously mentioned in this notice, 
or if the Commission issues a final 10 CFR part 53 rule.
    The TICAP is an industry-led activity that is focused on providing 
guidance on the appropriate scope and depth of information related to 
the specific portions of the safety analysis report that describe the 
fundamental safety functions of the design and document the safety 
analysis of the facility using the LMP-based approach. The LMP-based 
approach is described in RG 1.233, ``Guidance for a Technology-
Inclusive, Risk-Informed, and Performance-Based Methodology to Inform 
the Licensing Basis and Content of Applications for Licenses, 
Certifications, and Approvals for Non-Light-Water Reactors,'' (ADAMS 
Accession No. ML20091L698).
    The ARCAP draft interim staff guidance (ISG) titled ``Review of 
Risk-Informed, Technology-Inclusive Advanced Reactor Applications--
Roadmap'' (ARCAP Roadmap ISG) provides a general overview of the 
information that should be included in a non-LWR application. The ARCAP 
Roadmap ISG also provides a review roadmap for the NRC staff with the 
principal purpose of ensuring consistency, quality, and uniformity of 
NRC staff reviews. The ARCAP Roadmap ISG includes references to eight 
other ARCAP draft ISGs that are the subject of separate Federal 
Register notices (FRNs) and the TICAP DG that is the subject of this 
FRN, requesting comment on these guidance documents. Information 
regarding the eight other ARCAP draft ISGs and the TICAP DG can be 
found in the ``Availability of Documents'' section of this FRN.
    As noted in the Federal Register on December 9, 2022 (87 FR 75671), 
this document is being published in the ``Proposed Rules'' section of 
the Federal Register to comply with publication requirements under 1 
CFR chapter I.

III. Availability of Documents

    The table in this notice provides the document description, ADAMS 
accession number, and, if appropriate, the docket identification number 
referencing the request for public comment on supporting documents 
associated with the document that is the subject of this FRN.

----------------------------------------------------------------------------------------------------------------
                                                                                     Regulations.gov  docket ID
               Document description                     ADAMS  accession No.                    No.
----------------------------------------------------------------------------------------------------------------
DG-1404, ``Guidance for a Technology-Inclusive     ML22076A003                     NRC-2022-0073.
 Content of Application Methodology to Inform the
 Licensing Basis and Content of Applications for
 Licenses, Certifications, and Approvals for Non-
 Light-Water Reactors.''.
Regulatory Analysis for DG-1404..................  ML22076A002                     NRC-2022-0073.
Draft Interim Staff Guidance DANU-ISG-2022-01      ML22048B546                     NRC-2022-0074.
 ``Advanced Reactor Content of Application
 Project, `Review of Risk-Informed, Technology
 Inclusive Advanced Reactor Applications--
 Roadmap.' ''.
Draft Interim Staff Guidance DANU-ISG-2022-02,     ML22048B541                     NRC-2022-0075.
 ``Advanced Reactor Content of Application
 Project Chapter 2, `Site Information.' ''.
Draft Interim Staff Guidance DANU-ISG-2022-03,     ML22048B543                     NRC-2022-0076.
 ``Advanced Reactor Content of Application
 Project Chapter 9, `Control of Routine Plant
 Radioactive Effluents, Plant Contamination and
 Solid Waste.' ''.
Draft Interim Staff Guidance DANU-ISG-2022-04,     ML22048B544                     NRC-2022-0077.
 ``Advanced Reactor Content of Application
 Project Chapter 10, `Control of Occupational
 Dose.' ''.
Draft Interim Staff Guidance DANU-ISG-2022-05,     ML22048B542                     NRC-2022-0078.
 ``Advanced Reactor Content of Application
 Project Chapter 11, `Organization and Human-
 System Considerations.' ''.
Draft Interim Staff Guidance DANU-ISG-2022-06,     ML22048B545                     NRC-2022-0079.
 ``Advanced Reactor Content of Application
 Project Chapter 12, `Post-Construction
 Inspection, Testing, and Analysis Program.' ''.
Draft Interim Staff Guidance DANU-ISG-2022-07,     ML22048B549                     NRC-2022-0080.
 ``Advanced Reactor Content of Application
 Project, `Risk-informed Inservice Inspection/
 Inservice Testing.' ''.
Draft Interim Staff Guidance DANU-ISG-2022-08,     ML22048B548                     NRC-2022-0081.
 ``Advanced Reactor Content of Application
 Project, `Risk-Informed Technical
 Specifications.' ''.
Draft Interim Staff Guidance DANU-ISG-2022-09,     ML22048B547                     NRC-2022-0082.
 ``Advanced Reactor Content of Application
 Project, `Risk-informed Performance-based Fire
 Protection Program (for Operations).' ''.
----------------------------------------------------------------------------------------------------------------

IV. Backfitting, Forward Fitting, and Issue Finality

    DG-1404, if finalized, would not constitute backfitting as defined 
in 10 CFR 50.109, ``Backfitting,'' and as described in Management 
Directive (MD) 8.4, ``Management of Backfitting, Forward Fitting, Issue 
Finality, and Information Requests''; constitute forward fitting as 
that term is defined and described in MD 8.4; or affect the issue 
finality of any approval issued under 10 CFR part 52. The guidance 
would not apply to any current licensees or applicants or existing or 
requested approvals under 10 CFR part 52, and therefore its issuance 
cannot be a backfit or forward fit or affect issue finality. Further, 
as explained in DG-1404, applicants and licensees would not be required 
to comply with the positions set forth in DG-1404.

V. Submitting Suggestions for Improvement of Regulatory Guides

    A member of the public may, at any time, submit suggestions to the 
NRC for improvement of existing RGs or for the development of new RGs. 
Suggestions can be submitted on the NRC's public website at https://www.nrc.gov/reading-rm/doc-collections/reg-guides/contactus.html. 
Suggestions will be considered in future updates and

[[Page 33849]]

enhancements to the ``Regulatory Guide'' series.

    Dated: May 22, 2023.

    For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs Management Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2023-11179 Filed 5-24-23; 8:45 am]
BILLING CODE 7590-01-P