[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Pages 24040-24043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07210]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-048; NRC-2024-0065]


NuScale Power, LLC; US600 Standard Design Certification and 
Standard Design Approval

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received a June 
29, 2023, letter from NuScale Power, LLC (NuScale), which requested an 
exemption from the annual and 30-day reporting requirements described 
in NRC regulations for the US600 Standard Design Certification (DC) and 
Standard Design Approval (SDA), and the Emergency Core Cooling System 
(ECCS) Evaluation Model (EM) referenced within the request, unless and 
until that EM is incorporated in a facility license application. The 
NRC reviewed NuScale's request and determined to grant the exemption.

DATES: The exemption was issued on March 28, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0065 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-2024-0065. Address 
questions about Docket IDs 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 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.

FOR FURTHER INFORMATION CONTACT: Stacy Joseph, Senior Project Manager, 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-415-3256; email: 
[email protected].

SUPPLEMENTARY INFORMATION: The text of the exemption is attached.

    Dated: April 1, 2024.

    For the Nuclear Regulatory Commission.
Brian W. Smith,
Director, Division of New and Renewed Licenses, Office of Nuclear 
Reactor Regulation.

Attachment--Exemption

Nuclear Regulatory Commission

Docket No. 52-048

NuScale Power, LLC

US600 Standard Design Certification and Standard Design Approval

I. Background

    The NuScale Standard Plant Design Certification Application (DCA) 
was submitted to the NRC on January 6, 2017, pursuant to the 
requirements of title 10 of the Code of Federal Regulations (10 CFR), 
part 52, ``Licenses, Certifications, and Approvals for Nuclear Power 
Plants'' (ML17013A229). NuScale submitted the final version of its 
Standard Plant DCA, Revision 5, by letter dated July 29, 2020 
(ML20225A044), and requested approval of the NuScale design as 
described in the NuScale DCA, under subpart E, ``Standard Design 
Approvals,'' of 10 CFR part 52. By letter dated August 28, 2020 
(ML20231A804), the NRC informed NuScale that the plant design meets the 
applicable requirements for the DC stage of licensing, and, on 
September 11, 2020, the SDA request was granted (ML20247J564). On 
January 19, 2023, the NRC amended its regulations to certify the 
NuScale standard design (88 FR 3287).
    By letter dated June 29, 2023 (ML23180A151), NuScale requested an 
exemption from the reporting requirements of 10 CFR 50.46(a)(3)(iii) as 
applicable to Topical Report ``Loss-of-Coolant Accident Analysis 
Methodology,'' TR-0516-49422-P-A,

[[Page 24041]]

Revision 2 (Non-proprietary version: ML20189A644).
    Section 50.46(a)(1)(i) in part provides requirements for models 
used in calculations regarding Emergency Core Cooling System (ECCS) 
performance following postulated loss of coolant accidents. Section 
50.46(a)(3)(iii) requires that a holder of a standard DC or a holder of 
a SDA report any change or error found in such ECCS performance models, 
including the nature of the change or error and its estimated effect on 
the limiting ECCS analysis, at least annually. The regulation further 
requires that if the change or error is significant, a report is to be 
provided within 30 days and include a proposed schedule for reanalysis 
or other action needed to show compliance with Sec.  50.46 
requirements, and requires that the DC or SDA holder propose immediate 
steps to demonstrate compliance or bring plant design into compliance. 
A significant change or error is described in section 50.46(a)(3)(i) as 
one which results in a calculated peak fuel cladding temperature 
difference by more than 50 [deg]F from the temperature calculated for 
the limiting transient using the last acceptable model, either alone or 
in combination with other changes and errors, such that the sum of the 
absolute magnitudes of the respective temperature changes is greater 
than 50 [deg]F.

II. Request/Action

    In a letter dated June 29, 2023 (ML23180A151), NuScale requested an 
exemption from both the annual and 30-day reporting requirements of 10 
CFR 50.46(a)(3)(iii) as applicable to Topical Report ``Loss-of-Coolant 
Accident Analysis Methodology,'' TR-0516-49422-P-A, Revision 2 
(ML20189A644). Revision 2 of that topical report documents an 
acceptable ECCS Evaluation Model (EM) and is incorporated by reference 
in the final safety analysis report supporting NuScale's US600 SDA and 
DC. NuScale stated that neither the US600 SDA, DC, nor the associated 
ECCS EM is currently referenced or anticipated to be referenced by an 
application for constructing or operating a nuclear facility. NuScale 
stated its intent to resume reporting changes and errors in the event 
that a future license application references the US600 SDA, DC, or TR-
0516-49422-P-A, Revision 2.

III. Discussion

    The regulation for which the exemption is sought has two reporting 
requirements. The first requirement is that changes or errors 
discovered in an acceptable EM and their effect on the limiting ECCS 
analysis shall be reported at least annually. The second requirement is 
that, if those changes or errors are significant, a report shall be 
provided within 30 days and include a schedule for providing reanalysis 
or other action needed to show compliance, and a proposal of immediate 
steps to bring the plant design into compliance. A significant change 
or error, as it relates to this regulation, is defined as one which 
results in a calculated peak fuel cladding temperature difference by 
more than 50 [deg]F from the last acceptable model.
    As discussed below, the NRC staff reviewed this request and 
determined that it is appropriate to grant the exemption, in accordance 
with the regulations as the exemption does not present an undue risk to 
public health or safety, is consistent with the common defense and 
security, and special circumstances exist.
    Pursuant to 10 CFR 50.12, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR part 50, including 10 CFR 50.46(a)(3)(iii), 
when: (1) the exemptions are authorized by law, will not present an 
undue risk to public health or safety, and are consistent with the 
common defense and security; and (2) special circumstances are present. 
As stated in the regulation, and as relevant to the requested 
exemption, special circumstances may exist if application of the 
regulation in the particular circumstances would not serve the 
underlying purpose of the rule or is not necessary to achieve the 
underlying purpose of the rule (10 CFR 50.12(a)(2)(ii)).
    The purpose of 10 CFR 50.46(a)(3)(iii) is to provide timely 
reporting to the NRC regarding the nature and estimated effect of any 
change or error in the limiting ECCS analysis. In its request, NuScale 
committed to perform necessary reporting to a reactor license applicant 
and the NRC if the US600 SDA, DC, or TR-0516-49422-P-A, Revision 2, is 
referenced by a future applicant. The staff notes that 10 CFR 
50.46(a)(3)(ii) requires an applicant that seeks to construct or 
operate a facility using the design to make similar reports. Further, 
10 CFR 50.46(a)(3)(i) requires a DC or SDA holder to estimate the 
effect of any change to or error in an acceptable EM or in the 
application of such a model to determine if the change or error is 
significant, ensuring that changes and errors would continue to be 
documented internally by the DC or SDA holders, and be available for 
NRC inspection. The staff also notes that 10 CFR 50.46(a)(3)(iii) 
requires not only that changes or errors in the ECCS EM be reported, 
but also that changes or errors in the application of the EM be 
reported. Since TR-0516-49422-P-A, Revision 2, was incorporated by 
reference into the approved SDA and DC for the design, in the event 
that the SDA or DC is referenced by a future applicant, compliance with 
10 CFR 50.46(a)(3)(iii) would need to include both changes or errors in 
the ECCS EM, as well as changes or errors in the application of the EM.

No Undue Risk to Public Health and Safety

    The purpose of 10 CFR 50.46(a)(3)(iii) is to provide for timely 
notification of the nature and estimated effect of any errors or 
changes in the limiting ECCS analysis. In the absence of any 
application to utilize the referenced design for constructing or 
operating a nuclear facility, there is no undue risk to public health 
and safety. The requested exemption is administrative in nature and 
pertains only to the requirements for reporting in 10 CFR 
50.46(a)(3)(iii). No new accident precursors would be created as a 
result of the requested exemption; therefore, neither the probability 
nor the consequences of postulated accidents would be increased. The 
reporting of any changes or errors in the limiting ECCS analysis would 
resume when an application for a license that references the US600 SDA, 
DCA or the associated ECCS EM is submitted to the NRC. The request for 
an exemption from the annual and 30-day reporting requirements 
therefore have no bearing on public health and safety and poses no 
undue risk to public health and safety.

Consistent With Common Defense and Security

    The requested exemption is administrative in nature and pertains 
only to the requirements for reporting in 10 CFR 50.46(a)(3)(iii). In 
the absence of any application to utilize the referenced design, this 
exemption has no relation to security issues; therefore, the common 
defense and security is not impacted.

Special Circumstances

    Special circumstances, in accordance with 10 CFR 50.12(a)(2), may 
be present relevant to the requested exemption. Specifically, 10 CFR 
50.12(a)(2)(ii) states, in part, that special circumstances may exist 
if application

[[Page 24042]]

of the regulation in the particular circumstances would not serve the 
underlying purpose of the rule or is not necessary to achieve the 
underlying purpose of the rule.
    The underlying purpose of 10 CFR 50.46(a)(3)(iii) is to ensure that 
the NRC receives timely notification of the nature and estimated effect 
of errors or changes in the limiting ECCS analysis for a design or 
facility. These requirements for holders of SDAs and DCs were added to 
10 CFR 50.46 in 2007 (72 FR 49352), with the Statements of 
Consideration noting that, ``[c]onforming references to design 
approvals, design certifications, and licenses issued under part 52 
were made to Sec.  50.46, so that the NRC will be notified of changes 
to or errors in acceptable EMs, or the application of such models, that 
were used in licenses, certifications, and approvals issued under part 
52.'' For designs that are not yet referenced in an application for 
constructing or operating a nuclear facility, the NRC staff's review of 
any changes or errors noted in the annual report is generally performed 
to confirm that the design continues to comply with the acceptance 
criteria in 10 CFR 50.46(b). Considering the ample margin in the US600 
design relative to the ECCS acceptance criteria in 10 CFR 50.46(b), the 
NRC staff has reasonable assurance that reporting of changes or errors 
as part of the annual reporting requirement is not necessary to assure 
continued compliance with the applicable acceptance criteria.
    NuScale's exemption request also includes a request for exemption 
from the 30-day reporting requirement pertaining to significant changes 
or errors and associated corrective actions. Timely notice to the NRC 
of significant underlying changes or errors and associated corrective 
actions is valuable because it enables the NRC staff to evaluate the 
continued ability of the SDA or DC to comply with the acceptance 
criteria in 10 CFR 50.46(b) in a timely manner. As discussed in the 
Statements of Consideration accompanying the 10 CFR part 52 final rule 
(54 FR 15372), that rule was intended to achieve the early resolution 
of licensing issues, thereby enhancing the safety and reliability of 
nuclear power plants and reducing the complexity and uncertainty of the 
licensing process. As described previously, 10 CFR 50.46(a)(3)(i) 
requires a DC or SDA holder to estimate the effect of any change to or 
error in an acceptable EM or in the application of such a model to 
determine if the change or error is significant, ensuring that changes 
and errors would continue to be documented internally by the DC or SDA 
holders, and be available for NRC inspection. If the NRC receives an 
application that references the NuScale DC, SDA, or TR-0516-49422-P-A, 
Rev. 2, NuScale, as the DC and SDA holder, will be required to resume 
the reporting requirements of 10 CFR 50.46(a)(iii). By complying with 
the 10 CFR 50.46(a)(i) requirement to internally document any changes 
or errors in the accepted EM or application of the model, the applicant 
and the NRC would still be able to achieve resolution of such issues 
early in the licensing process and continue to reduce uncertainty in 
the licensing process, thereby achieving the underlying purpose of the 
rule. The staff also notes that an applicant to construct or operate a 
plant utilizing the DC or SDA design would be responsible for providing 
an acceptable analysis of the ECCS in its application to the NRC.
    Therefore, for the above stated reasons, the NRC staff finds that 
NuScale's compliance with the reporting requirements, prior to the 
submittal of any application to utilize the referenced design, is not 
necessary to achieve the underlying purpose of the rule, and that 
special circumstances for the requested exemption from the annual and 
30-day reporting requirements in 50.46(a)(3)(iii) are present under 10 
CFR 50.12(a)(2)(ii).

Eligibility for Categorical Exclusion From Environmental Review

    With respect to the exemption's impact on the quality of the human 
environment, the NRC staff has determined that the exemption from 
reporting that was requested by NuScale is eligible for categorical 
exclusion as identified in 10 CFR 51.22(c)(25), in that:
    (i) There is no significant hazards consideration;
    The criteria for determining whether there is no significant 
hazards consideration are found in 10 CFR 50.92. The proposed action 
involves only a change regarding the requirements for the submission of 
reports on errors or changes in the ECCS analysis and EM for the US600 
DC and SDA, neither of which has yet been referenced by an applicant or 
licensee seeking to utilize either design or to utilize the referenced 
EM. The reporting of changes or errors would have no bearing on the 
operation of any operating reactor, or any existing application to 
construct or operate a reactor, prior to the submittal of an 
application to utilize either design. Therefore, there is no 
significant hazards consideration because granting the proposed 
exemption would not:
    (1) Involve a significant increase in the probability or 
consequences of an accident previously evaluated; or
    (2) Create the possibility of a new or different kind of accident 
from any accident previously evaluated; or
    (3) Involve a significant reduction in a margin of safety.
    (ii) There is no significant change in the types or significant 
increase in the amounts of any effluents that may be released offsite;
    The proposed action involves only a change to reporting 
requirements and does not have any bearing on the operation of any 
operating reactor, or any application to construct or operate a 
reactor, and does not involve any changes in the types or any 
significant increase in the amounts of effluents that may be released 
offsite.
    (iii) There is no significant increase in individual or cumulative 
public or occupational radiation exposure;
    Since the proposed action involves only a change to reporting 
requirements and does not have any bearing on the operation of any 
operating reactor, or any application to construct or operate a 
reactor, the exemption does not contribute to any significant increase 
in occupational or public radiation exposure.
    (iv) There is no significant construction impact;
    The proposed action involves only a change to reporting 
requirements, which is administrative in nature. This DC and SDA have 
not yet been referenced by any applicant to construct or operate a 
reactor. Accordingly, the proposed action does not involve any 
construction impact.
    (v) There is no significant increase in the potential for or 
consequences from radiological accidents;
    The proposed action involves only a change to reporting 
requirements and does not have any bearing on the operation of an 
operating reactor, or any application to construct or operate a 
reactor, and it therefore does not impact the probability or 
consequences of radiological accidents. In the future, if an 
application to construct or operate a reactor utilizing the SDA or DC 
design, or referencing the applicable EM, is submitted, the reporting 
requirements would be triggered, and the NRC's consideration of the 
requested licensing action would necessarily include consideration of 
those reports in evaluating the potential for or consequences of 
radiological accidents.
    (vi) The requirements from which an exemption is sought involve:
    (1) Reporting requirements;
    The exemption request involves submitting the annual and 30-day

[[Page 24043]]

reports required by 10 CFR 50.46(a)(3)(iii); and
    (2) Scheduling requirements;
    The proposed exemption relieves that applicant from submitting the 
required reports until NRC receives a request to reference the NuScale 
US600 DC, SDA or Topical Report TR-0516-49422-P-A, Revision 2 
(ML20189A644). If an application to use the US600 SDA, DC, or TR-0516-
49422-P-A, Revision 2, is referenced in a license application, NuScale 
will then be required to submit the reports required by regulation to 
the NRC.
    Based on the discussion above, the NRC staff concludes that the 
exemption request meets the requirements in 10 CFR 51.22(c)(25) and is 
eligible for categorical exclusion from environmental review.

IV. Conclusion

    For the reasons discussed in Section III.B above, the NRC concludes 
that NuScale's requested exemption from the annual and 30-day reporting 
requirements in 10 CFR 50.46(a)(3)(iii) satisfies the applicable 
requirements in 10 CFR 50.12 and should be granted. The exemption from 
the annual and 30-day reporting requirements is effective upon 
issuance.

    Dated March 28, 2024.

    For The Nuclear Regulatory Commission.

/RA/

Brian Smith, Director,

Division of New and Renewed Licenses, Office of Nuclear Reactor 
Regulation.

[FR Doc. 2024-07210 Filed 4-4-24; 8:45 am]
BILLING CODE 7590-01-P