[Federal Register Volume 91, Number 126 (Thursday, July 2, 2026)]
[Notices]
[Pages 40596-40598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-13386]
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NUCLEAR REGULATORY COMMISSION
[Docket No.52-00006; NRC-2026-2443]
Westinghouse Electric Company LLC; AP1000 Design Certification
Renewal; Exemption
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an
exemption in response to an April 7, 2026, request from Westinghouse
Electric Company LLC (Westinghouse) from requirements to apply for
renewal of the AP1000 design certification more than 36 months before
the expiration of the initial 40-year period.
DATES: The exemption was issued on June 24, 2026.
ADDRESSES: Please refer to Docket IDNRC-2026-2443 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-2026-2443. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; 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 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]. Westinghouse's request for exemption from
paragraph 52.57(a) of title 10 of the Code of Federal Regulations (10
CFR), and the NRC response, can be found under ADAMS Accession Nos.
ML26097A439 and ML26117A115, respectively.
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: Jason Carneal, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001; telephone: (301) 415-1451; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the exemption is attached.
Authority: 42 U.S.C. 2011 et seq.
Dated: June 29, 2026.
For the Nuclear Regulatory Commission.
Michele Sampson,
Acting Division Director, Division of Advanced Reactor Licensing,
Office of Advanced Reactors.
Attachment--Exemption
NUCLEAR REGULATORY COMMISSION
[Docket No. 52-00006]; Westinghouse Electric Company LLC; AP1000
Standard Design Certification Renewal; Exemption
I. Background
Westinghouse Electric Company LLC (Westinghouse), the sponsor of
the AP1000 standard design certification (DC), has requested an
exemption from scheduling requirements for the renewal of the AP1000
DC. Relatedly, Westinghouse submitted its AP1000 DC renewal request and
an associated amendment (Revision 20) on March 27, 2026 (Agencywide
Documents Access and Management System (ADAMS) Accession No.
ML26086A408 (package)). The DC renewal request and associated amendment
would update
[[Page 40597]]
the AP1000 design control document (DCD) to reflect construction and
operating experience from AP1000 nuclear power plants operating in the
United States, which would allow for consistency and standardization in
future AP1000 applications. As further discussed below, this action is
related to Westinghouse's exemption request; the NRC staff will review
the DC renewal request and associated amendment separately.
In accordance with Title 10 of the Code of Federal Regulations (10
CFR) 52.55, ``Duration of certification,'' a combined license
application (COLA) may reference the current AP1000 DC until February
27, 2046. Pursuant to paragraph (a) of 10 CFR 52.57, ``Application for
renewal,'' any person may apply for renewal of a DC not less than 12
nor more than 36 months before the expiration of the initial 40-year
period. Therefore, in order to apply for renewal of the AP1000 DC
earlier than February 27, 2043, Westinghouse submitted a request for
exemption from the scheduling requirements of 10 CFR 52.57(a) on April
7, 2026 (ML26097A439). On April 27, 2026, the U.S. Nuclear Regulatory
Commission (NRC or the Commission) staff determined the exemption
request contained sufficient information for the NRC staff to initiate
a detailed technical review and accepted the exemption request for
docketing (ML26117A115).
II. Request/Action
In its April 7, 2026, exemption request, Westinghouse stated that
the associated AP1000 DC amendment request, if approved, would bring
the DCD up to date by including construction and operating experience
from the operating AP1000 nuclear power plants, allowing for
consistency and standardization in future AP1000 plant applications.
The NRC staff notes that this exemption request is being considered
separately from the AP1000 DC renewal request and associated amendment.
Upon approval of the exemption request, the NRC staff would undertake a
detailed review of the AP1000 DC renewal application, including the
amendment request, to determine whether the renewal application meets
the applicable regulatory requirements such that the AP1000 DC can be
renewed.
III. Discussion
The NRC staff's evaluation of the requested exemption is governed
by 10 CFR 52.7 and 10 CFR 50.12. Pursuant to 10 CFR 50.12(a), the
Commission may, upon application by any interested person or upon its
own initiative, grant exemptions when: (1) the exemptions are
authorized by law, will not present an undue risk to public health and
safety, and are consistent with the common defense and security; and
(2) special circumstances are present. The NRC staff's evaluation of
Westinghouse's exemption request with respect to each of these
requirements is described below.
A. The Exemption Is Authorized by Law
The requested exemption from the scheduling requirements in 10 CFR
52.57(a) would allow for renewal of the AP1000 DC more than 36 months
before its expiration on February 27, 2046. Neither the Atomic Energy
Act of 1954 (AEA), as amended, nor the Administrative Procedure Act
(APA) requires a specific time period within which an application for a
DC renewal must be filed; the time period specified in 10 CFR 52.57(a)
is specific to NRC regulations. Because the regulation at 10 CFR 52.7
allows the NRC to grant exemptions from its regulations in 10 CFR part
52 and because the AEA and APA do not require a specific time period
for timely renewal of a DC, the NRC staff has determined that granting
this exemption will not result in a violation of the AEA or the APA.
Therefore, the exemption is authorized by law.
B. The Exemption Presents No Undue Risk to Public Health and Safety
The requested exemption from 10 CFR 52.57(a) involves scheduling
requirements for renewal of a DC. Specifically, it would enable the
submission of Westinghouse's AP1000 DC renewal application and an
associated amendment before the time specified in the regulation. This
update would allow future AP1000 applications to be consistent with
current industry construction and operating experience, thereby
ensuring public health and safety. Therefore, the exemption presents no
undue risk to public health and safety.
C. The Exemption Is Consistent With the Common Defense and Security
The requested exemption from 10 CFR 52.57(a) involves scheduling
requirements for renewal of a DC and has no relation to security
issues. If approved, the AP1000 DCD would be updated to reflect
operating experience and the as-built design. Therefore, the exemption
is consistent with the common defense and security.
D. Special Circumstances
Special circumstances, in accordance with 10 CFR 50.12(a)(2), must
be present for the Commission to consider granting an exemption. Under
10 CFR 50.12(a)(2)(ii) and (vi), respectively, special circumstances
are present when application of the regulation in the particular
circumstances is not necessary to achieve the underlying purpose of the
rule or when there is present any other material circumstance not
considered when the regulation was adopted for which it would be in the
public interest to grant an exemption. The NRC staff has determined
that special circumstances are present in accordance with 10 CFR
50.12(a)(2)(ii) and (vi), as further discussed below.
In its exemption request, Westinghouse indicated the 36-month
renewal timeframe requirement set forth in 10 CFR 52.57(a) is not
necessary to achieve the underlying purpose of the rule, which is to
allow time for the accumulation of operating experience, in the case of
the requirement to submit a renewal application not more than 36 months
before expiration of a DC. This scheduling requirement ensures that any
renewal application reflects up-to-date information and data that would
be incorporated into a DC, if renewed. As the exemption request noted,
relevant construction and operation lessons learned from the current
operating AP1000 nuclear power plants have been included in the
proposed DC amendment. Thus, delaying submission of the AP1000 DC
renewal application until 2043, or 36 months before the expiration of
the initial 40-year period, is not necessary to meet the underlying
purpose of the rule because a significant volume of information and
data is now available to bring the AP1000 DC up to date. The NRC staff
therefore has determined, in accordance with 10 CFR 50.12(a)(2)(ii),
that special circumstances are present because application of the
regulation in the particular circumstances is not necessary to achieve
the underlying purpose of the rule.
Additionally, delaying submission of the AP1000 DC renewal
application until 2043 could lead to inefficiencies for both the NRC
staff and applicants in connection with future COLA submittals that
reference the AP1000 DC. Allowing renewal of the AP1000 DC before the
timeframe specified in 10 CFR 52.57(a) would, if the renewal request
and associated amendment are approved, enable lessons learned to be
incorporated into the DC, thereby allowing applications referencing the
AP1000 DC that are submitted before 2043 to incorporate the updated
information and data and realize licensing efficiencies. In addition,
as the exemption request noted, the AP1000
[[Page 40598]]
design is the only certified design that has been built to completion
in the United States. The AP1000 DC thus is in a unique position in
which updated information and data from recent construction and
operation are already available to be incorporated into the DC. Lastly,
as the exemption request stated, the requested exemption is aligned
with the Nuclear Energy Innovation and Modernization Act of 2019
(NEIMA), the Accelerating Deployment of Versatile, Advanced Nuclear for
Clean Energy Act of 2024 (ADVANCE Act), and recent executive orders, by
increasing licensing efficiencies for potential future advanced reactor
applicants, thereby enabling the safe and secure use and deployment of
civilian nuclear energy technologies. For these reasons, there are
material circumstances present that were not considered when the
regulation was adopted for which it is in the public interest to grant
the exemption. Therefore, the NRC staff has determined that special
circumstances are present in accordance with 10 CFR 50.12(a)(2)(vi).
E. Environmental Considerations
On March 30, 2026 (91 FR 15519), the NRC amended its regulations in
10 CFR 51.22, ``Categorical exclusions,'' including the provision
Westinghouse cited as the basis for excluding the exemption request
from environmental review under the National Environmental Policy Act
(NEPA). As further discussed below, the NRC staff has determined that
issuance of the requested exemption meets the criteria for categorical
exclusion set forth in 10 CFR 51.22, specifically paragraph (d)(5)
related to changes to scheduling requirements. Before the March 30,
2026, rulemaking, this provision was located at 10 CFR
51.22(c)(25)(vi)(G), which Westinghouse cited in its exemption request.
The NRC staff's evaluation of the applicability of the categorical
exclusion under 10 CFR 51.22(d)(5) is discussed below.
Categorical Exclusion Under 10 CFR 51.22(d)(5)
The provisions of 10 CFR 51.22(d) exclude certain categories of NRC
actions from the requirement to prepare an environmental assessment or
environmental impact statement, provided that any ground disturbance is
limited to previously disturbed areas and there is no significant
change in the types or significant increase in the amounts of any
effluents that may be released offsite, no significant increase in
individual or cumulative public or occupational radiation exposure, and
no significant increase in the potential for or consequences from
radiological accidents.
This action relates to an exemption from scheduling requirements
for DC renewal applications set forth in 10 CFR 52.57(a) and would
allow Westinghouse to submit an application for renewal of the AP1000
DC more than 36 months before the initial 40-year period, which expires
in 2046. Therefore, 10 CFR 51.22(d)(5), which categorically excludes
from environmental review NRC actions related to changes to scheduling
requirements, applies to this exemption.
The NRC staff has determined this action regarding the DC renewal
scheduling requirement involves no physical change to the human
environment. Thus, any ground disturbance is limited to previously
disturbed areas. Additionally, the NRC staff has determined that the
action involves no significant change in the types or significant
increase in the amounts of any effluents that may be released offsite,
no significant increase in individual or cumulative public or
occupational radiation exposure, and no significant increase in the
potential for or consequences from radiological accidents. Finally, the
NRC staff has determined that a categorical exclusion applies and that
special circumstances under 10 CFR 51.22, ``Categorical exclusions,''
are not present that would preclude reliance on the categorical
exclusion. Accordingly, this action meets the eligibility criteria for
categorical exclusion set forth in 10 CFR 51.22(d)(5). Pursuant to
10CFR51.22, no environmental impact statement or environmental
assessment need be prepared in connection with the action.
IV. Conclusion
Accordingly, the Commission has determined that, pursuant to 10 CFR
52.7 and 10 CFR 50.12, the exemption is authorized by law, will not
present an undue risk to the public health and safety, and is
consistent with the common defense and security. Also, special
circumstances are present. Therefore, the Commission hereby grants
Westinghouse a one-time exemption from the requirement in 10 CFR
52.57(a) that an application for renewal of a DC must be submitted not
less than 12 nor more than 36 months before expiration of the initial
40-year period, such that Westinghouse may apply for renewal of the
AP1000 DC more than 36 months before the expiration of the initial 40-
year period.
Dated at Rockville, Maryland, this 24 day of June 2026.
For the Nuclear Regulatory Commission.
Michele Sampson,
Acting Division Director, Division of Advanced Reactor Licensing,Office
of Advanced Reactors.
[FR Doc. 2026-13386 Filed 7-1-26; 8:45 am]
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