[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Rules and Regulations]
[Pages 22912-22914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07022]


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

NUCLEAR REGULATORY COMMISSION

10 CFR Parts 50 and 52

[NRC-2022-0073]


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: Final guide; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a new 
Regulatory Guide (RG) 1.253, Revision 0, ``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 new RG provides guidance 
to assist interested parties and prospective applicants in the 
development of content for major portions of their safety analysis 
reports required in applications for permits, licenses, certifications, 
and approvals by the NRC to ensure that applications for non-light 
water reactor (non-LWR) facility designs using the Licensing 
Modernization Project (LMP) process meet the minimum requirements for 
construction permit, operating license, combined license, or design 
certification applications.

DATES: RG 1.253, Revision 0, is available on April 3, 2024.

ADDRESSES: Please refer to Docket ID NRC-2022-0073 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     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.
     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, at 301-415-4737, 
or by email to [email protected]. The ADAMS accession number for 
each document referenced (if it is available in ADAMS) is provided the 
first time that it is mentioned in this document.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. 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.
    RG 1.253 and the regulatory analysis may be found in ADAMS under 
Accession Nos. ML23269A222 and ML22076A002, respectively.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

FOR FURTHER INFORMATION CONTACT: Anders Gilbertson, Office of Nuclear 
Reactor Regulation, telephone: 301-415-1541, email: 
[email protected] and Ramon Gascot Lozada, Office of Nuclear 
Regulatory Research, telephone: 301-415-2004, email: 
[email protected]. Both are staff of the U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Discussion

    The NRC staff is issuing a new guide in the NRC's ``Regulatory 
Guide'' series. This series was developed to describe

[[Page 22913]]

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, certifications, approvals, and licenses.
    RG 1.253, Revision 0, ``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,'' provides guidance to assist interested parties and 
prospective applicants in the development of content for major portions 
of their safety analysis reports required in applications for permits, 
licenses, certifications, and approvals by the NRC to ensure that 
applications for non-LWR facility designs using the LMP process meet 
the minimum requirements for construction permit, operating license, 
combined license, or design certification applications.

II. Additional Information

    RG 1.253 was issued as a draft regulatory guide (DG) with a 
temporary identification of DG-1404 (ADAMS Accession No. ML22076A003).
    The NRC published DG-1404, Revision 0 in the Federal Register on 
May 25, 2023 (88 FR 33846), for a 45-day public comment period. 
Subsequently, the comment period was extended by 30-days as noted in 
the Federal Register June 28, 2023 (88 FR 41862). The public comment 
period closed on August 10, 2023. On September 8, 2023, the NRC 
published a request for public comment on Revision 1 to DG-1404 in the 
Federal Register (88 FR 61989). Revision 1 to DG-1404 provided 
additional guidance for the scope, level of detail, elements and plant 
representation for a probabilistic risk assessment supporting an LMP-
based construction permit application. The public comment period for 
Revision 1 to DG-1404 closed on October 10, 2023. Public comments on 
DG-1404 Revision 0 and Revision 1, and the staff responses to the 
public comments are available in ADAMS under Accession No. ML23269A223.
    The NRC staff 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 staff developed 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 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 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 or design 
certifications under 10 CFR part 52, ``Licenses, Certifications, and 
Approvals for Nuclear Power Plants.''
    The NRC staff notes it is developing a rule to amend parts 50 and 
52 to align reactor licensing processes and incorporate lessons learned 
from new reactor licensing into the regulations (RIN 3150-Al66). This 
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 RG, the NRC staff is developing an optional performance-based, 
technology-inclusive regulatory framework for licensing nuclear power 
plants designated as 10 CFR part 53 (RIN 3150-AK31). The NRC intends to 
revise this 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 document, 
or if the Commission issues a final 10 CFR part 53 rule.
    The TICAP is an industry led guidance activity focused on the scope 
and depth of information to include in the portions of a safety 
analysis report that address the implementation of the LMP methodology 
described in NEI 18-04, Revision 1, and endorsed by the NRC in 
Regulatory Guide 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).
    During the 711th meeting of the Advisory Committee on Reactor 
Safeguards (ACRS), December 6-7, 2023, the ACRS, the NRC staff, and 
representatives of other stakeholders discussed guidance documents 
related to the ARCAP and the TICAP. On December 20, 2023, the ACRS 
issued a report documenting its review of these guidance documents 
(ADAMS Accession No. ML23348A182). The conclusions and recommendations 
in the ACRS report apply to all the ARCAP and TICAP guidance documents. 
In its December 2023 report, the ACRS also recommended specific changes 
to DG-1404. As set forth in its letter dated March 18, 2024, (ADAMS No. 
ML24024A025) in which the NRC staff responded to the ACRS report, the 
NRC staff revised RG 1.253 to address specific ACRS recommendations.
    As noted in the Federal Register on December 9, 2022 (87 FR 75671), 
this document is being published in the ``Rules'' section of the 
Federal Register to comply with publication requirements under 1 CFR 
chapter I.
    The table in this rulemaking provides the document description, 
ADAMS accession number, and, if appropriate, the docket identification 
number on supporting documents associated with the document that is the 
subject of this Federal Register document.

----------------------------------------------------------------------------------------------------------------
           Document description                   ADAMS accession No.           Regulations.gov docket ID No.
----------------------------------------------------------------------------------------------------------------
RG 1.253, Revision 0, ``Guidance for a     ML23269A222                       NRC-2022-0073
 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.''.
Regulatory Analysis for DG-1404..........  ML22076A002                       NRC-2022-0073
Interim Staff Guidance DANU-ISG-2022-01,   ML23277A139                       NRC-2022-0074
 ``Advanced Reactor Content of
 Application Project, `Review of Risk-
 Informed, Technology Inclusive Advanced
 Reactor Applications--Roadmap.' ''.

[[Page 22914]]

 
Interim Staff Guidance DANU-ISG-2022-02,   ML23277A140                       NRC-2022-0075
 ``Advanced Reactor Content of
 Application Project Chapter 2, `Site
 Information.' ''.
Interim Staff Guidance DANU-ISG-2022-03,   ML23277A141                       NRC-2022-0076
 ``Advanced Reactor Content of
 Application Project Chapter 9, `Control
 of Routine Plant Radioactive Effluents,
 Plant Contamination and Solid Waste.' ''.
Interim Staff Guidance DANU-ISG-2022-04,   ML23277A142                       NRC-2022-0077
 ``Advanced Reactor Content of
 Application Project Chapter 10, `Control
 of Occupational Dose.' ''.
Interim Staff Guidance DANU-ISG-2022-05,   ML23277A143                       NRC-2022-0078
 ``Advanced Reactor Content of
 Application Project Chapter 11,
 `Organization and Human-System
 Considerations.' ''.
Interim Staff Guidance DANU-ISG-2022-06,   ML23277A144                       NRC-2022-0079
 ``Advanced Reactor Content of
 Application Project Chapter 12, `Post-
 manufacturing and construction
 Inspection, Testing, and Analysis
 Program.' ''.
Interim Staff Guidance DANU-ISG-2022-07,   ML23277A145                       NRC-2022-0080
 ``Advanced Reactor Content of
 Application Project, `Risk-Informed
 Inservice Inspection/Inservice Testing
 Programs for Non-LWRs.' ''.
Interim Staff Guidance DANU-ISG-2022-08,   ML23277A146                       NRC-2022-0081
 ``Advanced Reactor Content of
 Application Project, `Risk-Informed
 Technical Specifications.' ''.
Interim Staff Guidance DANU-ISG-2022-09,   ML23277A147                       NRC-2022-0082
 ``Advanced Reactor Content of
 Application Project, `Risk-Informed
 Performance-Based Fire Protection
 Program (for Operations).' ''.
Review of Advanced Reactor Content of      ML23348A182                       NRC-2022-0074
 Application Project/Technology-Inclusive
 Content of Application Project Guidance.
Response to the Advisory Committee on      ML24024A025                       NRC-2022-0074
 Reactor Safeguards Letter, ``Review of
 Advanced Reactor Content of Application
 Project/Technology-Inclusive Content of
 Application Project Guidance''.
----------------------------------------------------------------------------------------------------------------

III. Congressional Review Act

    This RG 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.

IV. Backfitting, Forward Fitting, and Issue Finality

    RG 1.253, Revision 0, does 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''; does not constitute forward 
fitting as that term is defined and described in MD 8.4; and does not 
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 RG 1.253, applicants and licensees would not 
be required to comply with the positions set forth in RG 1.253.

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 enhancements to 
the ``Regulatory Guide'' series.

    Dated: March 28, 2024.

    For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs Management Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2024-07022 Filed 4-2-24; 8:45 am]
BILLING CODE 7590-01-P