[Federal Register Volume 90, Number 151 (Friday, August 8, 2025)]
[Notices]
[Pages 38516-38517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15047]


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NUCLEAR REGULATORY COMMISSION

[NRC-2025-0148]


Draft Regulatory Guide: Guidance for Technology-Inclusive Risk-
Informed Change Evaluation

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft guide; request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment a draft Regulatory Guide (DG), DG-1439, ``Guidance for 
Technology-Inclusive Risk-Informed Change Evaluation.'' This DG is a 
proposed new regulatory guide that describes an approach that the staff 
of the NRC finds acceptable for using a technology-inclusive risk-
informed change evaluation process for changes to a facility described 
in final safety analysis reports (as updated). Subject to the 
clarifications in Section C of this DG, the DG endorses the methodology 
described in Nuclear Energy Institute (NEI) 22-05, Revision 0, 
``Technology Inclusive Risk Informed Change Evaluation (TIRICE), 
Guidance for the Evaluation of Changes to Facilities Utilizing NEI 18-
04 and NEI 21-07,'' issued January 2024, for plants licensed using the 
guidance in NEI 18-04, ``Risk-Informed Performance-Based Technology 
Inclusive Guidance for Non-Light Water Reactor Licensing Basis 
Development,'' and NEI 21-07, ``Technology Inclusive Guidance for Non-
Light Water Reactors, Safety Analysis Report Content for Applicants 
Using the NEI 18-04 Methodology.''

DATES: Submit comments by September 8, 2025. 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; 
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-2025-0148. Address 
questions about Docket IDs in Regulations.gov to Bridget Curran; 
telephone: 301-415-1003; email: [email protected]. For technical 
questions, contact the individual(s) 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: Roel Brusselmans, Office of Nuclear 
Reactor Regulation, telephone: 301-415-0829; email: 
[email protected] and Vance Petrella, Office of Nuclear 
Regulatory Research, telephone: 301-415-1048; 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-2025-0148 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-2025-0148.
     NRC's Agencywide Documents Access and Management System

[[Page 38517]]

(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 ADAMS Public 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]. DG-1439 is available in ADAMS under Accession 
No. ML24295A187.
     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.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2025-0148 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 Technology-Inclusive Risk-Informed 
Change Evaluation,'' is temporarily identified by its task number, DG-
1439. The DG is a proposed new regulatory guide that endorses, subject 
to the clarifications in Section C of the DG, NEI 22-05 as one 
acceptable alternative to using the criteria in section 50.59 of title 
10 of the Code of Federal Regulations (10 CFR), ``Changes, tests, and 
experiments,'' for evaluating changes under the special circumstances 
introduced when a plant is licensed using the guidance in NEI 18-04 and 
NEI 21-07. The licensee would be responsible for preparing any 
necessary requests for an exemption from specific requirements in 10 
CFR 50.59 and related proposed license conditions to support this 
alternative.
    The NRC is also issuing for public comment a regulatory analysis 
(ADAMS Accession No. ML24295A188). The NRC develops a regulatory 
analysis to assess the value of issuing or revising a RG as well as 
alternative courses of action.

III. Backfitting, Forward Fitting, and Issue Finality

    Licensees generally are not required to comply with the guidance in 
this proposed RG. If the NRC proposes to use this RG in an action that 
would constitute backfitting, as that term is defined in 10 CFR 50.109, 
``Backfitting,'' and as described in NRC Management Directive (MD) 8.4, 
``Management of Backfitting, Forward Fitting, Issue Finality, and 
Information Requests''; affect the issue finality of an approval issued 
under 10 CFR part 52, ``Licenses, Certifications, and Approvals for 
Nuclear Power Plants;'' or constitute forward fitting, as that term is 
defined in MD 8.4, then the NRC staff will apply the applicable policy 
in MD 8.4 to justify the action. If a licensee believes that the NRC is 
using this DG in a manner inconsistent with the discussion in the 
Implementation section, then the licensee may inform the NRC staff in 
accordance with MD 8.4.

IV. 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 regulatory guides or for the 
development of new regulatory guides. 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.

V. Executive Order (E.O.) 12866

    The Office of Information and Regulatory Affairs determined that 
this DG is not a significant regulatory action under E.O. 12866.

    Dated: August 5, 2025.

    For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs Management Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2025-15047 Filed 8-7-25; 8:45 am]
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