[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 23067-23069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07064]
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NUCLEAR REGULATORY COMMISSION
[NRC-2022-0080]
Interim Staff Guidance: Advanced Reactor Content of Application
Project, Risk-Informed Inservice Inspection/Inservice Testing Programs
for Non-LWRs
AGENCY: Nuclear Regulatory Commission.
ACTION: Final guidance; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing
Interim Staff Guidance (ISG) DANU-ISG-2022-07, ``Risk-Informed
Inservice Inspection/Inservice Testing Programs for Non-LWRs.'' The
purpose of this ISG is to provide guidance to prospective applicants in
preparing applications for non-light water reactor (non-LWR) designs
that use the Licensing Modernization Project (LMP) process and to
assist the NRC staff in determining whether such applications meet the
minimum requirements for construction permits, operating licenses,
combined licenses, manufacturing licenses, standard design approval, or
design certifications.
DATES: This guidance is effective on April 3, 2024.
ADDRESSES: Please refer to Docket ID NRC-2022-0080 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-2022-0080. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individual 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 ISG,
[[Page 23068]]
DANU-ISG-2022-07, ``Risk-Informed Inservice Inspection/Inservice
Testing Programs for Non-LWRs,'' is available in ADAMS under Accession
No. ML23277A145.
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.
FOR FURTHER INFORMATION CONTACT: James O'Driscoll, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-1325; email: James.O'[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
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 and review of these non-LWR applications. The guidance will
facilitate the development and review of non-LWR reactor 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 staff notes it is
developing a rule to amend 10 CFR parts 50 and 52 to align reactor
licensing processes and incorporate lessons learned from new reactor
licensing into the regulations (RIN 3150-Al66). This ISG 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 final
ISG, 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 NRC 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 NRC staff
would update, as appropriate, pending the issuance of the 10 CFR part
50 and 10 CFR part 52 rulemaking as previously mentioned in this
notice, or if the Commission issues a final 10 CFR part 53 rule. As a
result, the ARCAP is broad and encompasses several industry-led and
NRC-led guidance document development activities aimed at facilitating
a consistent approach to the development of application documents.
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 Regulatory Guide (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 ISG titled ``Review of Risk-Informed, Technology-
Inclusive Advanced Reactor Applications--Roadmap'' (ARCAP Roadmap ISG)
was developed to provide 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 ISGs and
a TICAP RG that are the subject of separate Federal Register notices
(FRNs) notifying the public of the issuance of these guidance
documents. Information regarding the eight other ARCAP ISGs and the
TICAP RG can be found in the table at the end of the ``Discussion''
section.
II. Discussion
The ARCAP ISG titled, ``Risk-Informed Inservice Inspection/
Inservice Testing Programs for Non-LWRs,'' that is the subject of this
FRN, was developed because the current application and review guidance
related to ISI and IST programs are based on requirements found in 10
CFR 50.55a, ``Codes and standards,'' that are only applicable to, and
focus on, large light water reactor (LWR) technologies. In addition,
the current application and review guidance for large LWR ISI and IST
programs may not fully (or efficiently) identify the information to be
included in a technology-inclusive, risk-informed, and performance-
based application or provide a review approach for such an application.
The table in this notice provides the document description, ADAMS
accession number, and, if appropriate, the docket identification
number.
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ADAMS Regulations.gov
Document description accession No. docket ID No.
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Interim Staff Guidance DANU-ISG-2022- ML23277A139 NRC-2022-0074
01, ``Advanced Reactor Content of
Application Project, `Review of Risk-
Informed, Technology-Inclusive
Advanced Reactor Applications--
Roadmap.' ''.........................
Interim Staff Guidance DANU-ISG-2022- ML23277A140 NRC-2022-0075
02, ``Advanced Reactor Content of
Application Project Chapter 2, `Site
Information.' ''.....................
Interim Staff Guidance DANU-ISG-2022- ML23277A141 NRC-2022-0076
03, ``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- ML23277A142 NRC-2022-0077
04, ``Advanced Reactor Content of
Application Project Chapter 10,
`Control of Occupational Dose.' ''...
Interim Staff Guidance DANU-ISG-2022- ML23277A143 NRC-2022-0078
05, ``Advanced Reactor Content of
Application Project Chapter 11,
`Organization and Human-System
Considerations.' ''..................
Interim Staff Guidance DANU-ISG-2022- ML23277A144 NRC-2022-0079
06, ``Advanced Reactor Content of
Application Project Chapter 12, `Post-
manufacturing and construction
Inspection, Testing, and Analysis
Program.' ''.........................
Interim Staff Guidance DANU-ISG-2022- ML23277A145 NRC-2022-0080
07, ``Advanced Reactor Content of
Application Project, `Risk-Informed
Inservice Inspection/Inservice
Testing Programs for Non-LWRs.' ''...
[[Page 23069]]
Interim Staff Guidance DANU-ISG-2022- ML23277A146 NRC-2022-0081
08, ``Advanced Reactor Content of
Application Project, `Risk-Informed
Technical Specifications.' ''........
Interim Staff Guidance DANU-ISG-2022- ML23277A147 NRC-2022-0082
09, ``Advanced Reactor Content of
Application Project, `Risk-Informed
Performance-Based Fire Protection
Program (for Operations).' ''........
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 ARCAP ISGs.... ML23093A099 NRC-2022-0074
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''...................
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III. Additional Information
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 recommended specific changes to
DANU-ISG-2022-07. As set forth in its letter dated March 18, 2024
(ADAMS Accession No. ML24024A025) in which the NRC staff responded to
the ACRS report, the NRC staff revised DANU-ISG-2022-07 to address
specific ACRS recommendations.
Draft DANU-ISG-2022-07, ``Risk-Informed Inservice Inspection/
Inservice Testing,' '' was published in the Federal Register for public
comment on May 25, 2023, (88 FR 33938) with a 45-day comment period.
Subsequently, the comment period was extended by 30 days as noted in
the Federal Register dated June 28, 2023 (88 FR 41989). The NRC staff
received forty-three public comments from stakeholders. The NRC staff's
evaluation and resolution of the public comments can be found in a
document located in ADAMS under Accession No. ML23277A154.
IV. Congressional Review Act
DANU-ISG-2022-07, ``Risk-Informed Inservice Inspection/Inservice
Testing Programs for Non-LWRs,' '' 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.
V. Backfitting, Forward Fitting, and Issue Finality
DANU-ISG-2022-07 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 DANU-ISG-2022-07, applicants and licensees would not be
required to comply with the positions set forth in DANU-ISG-2022-07.
Dated: March 28, 2024.
For the Nuclear Regulatory Commission.
Steven T. Lynch,
Chief, Advanced Reactor Policy Branch, Division of Advanced Reactors
and Non-Power Production and Utilization Facilities, Office of Nuclear
Reactor Regulation.
[FR Doc. 2024-07064 Filed 4-2-24; 8:45 am]
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