Licenses, Certifications, and Approvals for Nuclear Power Plants, 12782-12932 [06-1856]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 71, Number 48 (Monday, March 13, 2006)]
[Proposed Rules]
[Pages 12782-12932]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1856]



[[Page 12781]]

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

Part II





Nuclear Regulatory Commission





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



10 CFR Parts 1, 2 et al.



Licenses, Certifications, and Approvals for Nuclear Power Plants; 
Proposed Rule

Federal Register / Vol. 71, No. 48 / Monday, March 13, 2006 / 
Proposed Rules

[[Page 12782]]


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

NUCLEAR REGULATORY COMMISSION

10 CFR Parts 1, 2, 10, 19, 20, 21, 25, 26, 50, 51, 52, 54, 55, 72, 
73, 75, 95, 140, 170, and 171

RIN 3150-AG24


Licenses, Certifications, and Approvals for Nuclear Power Plants

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations by revising the provisions applicable to the licensing 
and approval processes for nuclear power plants and making necessary 
conforming amendments throughout the NRC's regulations to enhance the 
NRC's regulatory effectiveness and efficiency in implementing its 
licensing and approval processes. The proposed changes would clarify 
the applicability of various requirements to each of the licensing 
processes (i.e., early site permit, standard design approval, standard 
design certification, combined license, and manufacturing license). On 
July 3, 2003, the NRC published a proposed rulemaking to clarify and 
correct the NRC's regulations related to nuclear power plant licensing. 
Upon further consideration, the NRC is now proposing new requirements 
to enhance its licensing and approval processes and changes throughout 
the NRC's regulations to support these processes. This proposed rule 
supersedes the 2003 proposed rule. The Commission believes that this 
rulemaking action will improve the effectiveness and efficiency of the 
licensing and approval processes for future applicants.

DATES: Submit comments by May 30, 2006. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received on or before 
this date.
    The NRC is holding a workshop on March 14, 2006 (see ADDRESSES 
section for the location).

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the following number (RIN 3150-AG24) in the subject line 
of your comments. Comments on rulemakings submitted in writing or in 
electronic form will be made available to the public in their entirety 
on the NRC rulemaking Web site. Personal information will not be 
removed from your comments.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: SECY@nrc.gov. If you do not receive a reply e-
mail confirming that we have received your comments, contact us 
directly at 301-415-1966. You may also submit comments via the NRC's 
rulemaking Web site at https://ruleforum.llnl.gov. Address questions 
about our rulemaking Web site to Carol Gallagher 301-415-5905; e-mail 
cag@nrc.gov. Comments may also be submitted via the Federal eRulemaking 
Portal https://www.regulations.gov.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone 
301-415-1966.)
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
301-415-1101.
    Publicly available documents related to this rulemaking may be 
examined and copied for a fee at the NRC's Public Document Room (PDR), 
Public File Area O1 F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland. Selected documents, including comments, can be 
viewed and downloaded electronically via the NRC rulemaking Web site at 
https://ruleforum.llnl.gov.
    Publicly available documents created or received at the NRC after 
November 1, 1999, are available electronically at the NRC's Electronic 
Reading Room at https://www.nrc.gov/NRC/ADAMS/. From this 
site, the public can gain entry into the NRC's Agencywide Document 
Access and Management System (ADAMS), which provides text and image 
files of NRC's public documents. If you do not have access to ADAMS or 
if there are problems in accessing the documents located in ADAMS, 
contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737 or 
by e-mail to pdr@nrc.gov.
    Workshop: The NRC workshop to be held on March 14, 2006, will take 
place in the Auditorium at the NRC offices at 11545 Rockville Pike, 
Rockville, Maryland, between 9 a.m. and 4 p.m. Please contact Nanette 
V. Gilles, Office of Nuclear Reactor Regulation, U.S. Nuclear 
Regulatory Commission, at telephone 301-415-1180 or e-mail nvg@nrc.gov 
to pre-register for the workshop. Questions may be submitted in writing 
in advance of the workshop to Ms. Gilles at nvg@nrc.gov, or sent by 
mail to Ms. Gilles at the U.S. Nuclear Regulatory Commission, Mail Stop 
O-4D9A, Washington, DC 20555-0001.

FOR FURTHER INFORMATION CONTACT: Nanette V. Gilles, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone 301-415-1180, e-mail nvg@nrc.gov; or Jerry N. 
Wilson, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, D.C. 20555-0001, telephone 301-415-3145, e-mail 
jnw@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Workshop
II. Background
    A. Development of Proposed Rule
    B. Publication of Revised Proposed Rule
III. Reorganization of Part 52 and Conforming Changes in the NRC's 
Regulations
IV. Discussion of Substantive Changes
    A. Introduction.
    B. Testing Requirements for Advanced Reactors
    C. Proposed Changes to 10 CFR Part 52
    D. Proposed Changes to 10 CFR Part 50
    E. Proposed Change to 10 CFR Part 1
    F. Proposed Changes to 10 CFR Part 2
    G. Proposed Changes to 10 CFR Part 10
    H. Proposed Changes to 10 CFR Part 19
    I. Proposed Changes to 10 CFR Part 20
    J. Proposed Changes to 10 CFR Part 21
    K. Proposed Change to 10 CFR Part 25
    L. Proposed Changes to 10 CFR Part 26
    M. Proposed Changes to 10 CFR Part 51
    N. Proposed Changes to 10 CFR Part 54
    O. Proposed Changes to 10 CFR Part 55
    P. Proposed Changes to 10 CFR Part 72
    Q. Proposed Changes to 10 CFR Part 73
    R. Proposed Change to 10 CFR Part 75
    S. Proposed Changes to 10 CFR Part 95
    T. Proposed Changes to 10 CFR Part 140
    U. Proposed Changes to 10 CFR Part 170
V. Specific Request for Comments
VI. Availability of Documents
VII. Agreement State Compatibility
VIII. Plain Language
IX. Voluntary Consensus Standards
X. Environmental Impact--Categorical Exclusion
XI. Paperwork Reduction Act Statement
XII. Regulatory Analysis
XIII. Regulatory Flexibility Certification
XIV. Backfit Analysis

I. Workshop

    The NRC is holding a workshop on March 14, 2006, to provide 
additional information on the basis for the changes it is proposing in 
this document, to facilitate public discussion on the proposed 
rulemaking, and to answer stakeholder questions regarding the proposed 
rule. Questions may be submitted in writing in advance of the workshop 
as specified in the ADDRESSES section of this document. To facilitate 
complete and accurate responses to questions, the Commission requests 
that questions be submitted by March 10, 2006.
    Participants may provide informal oral comments during the 
workshop, but in order to receive a formal response in the final rule, 
participants must submit comments in writing as

[[Page 12783]]

indicated in the ADDRESSES section of this document. To aid the public 
in their development of comments on the proposed rule, the workshop 
will be transcribed and the transcript will be made available 
electronically at the NRC rulemaking Web site at https://
ruleforum.llnl.gov. and at the NRC's Electronic Reading Room at https://
www.nrc.gov/NRC/ADAMS/.

II. Background

A. Development of Proposed Rule

    On July 3, 2003 (68 FR 40026), the NRC published a proposed 
rulemaking that would clarify and/or correct miscellaneous parts of the 
NRC's regulations; update 10 CFR part 52 in its entirety; and 
incorporate stakeholder comments. The NRC is issuing a revised proposed 
rule that rewrites part 52, makes changes throughout the Commission's 
regulations to ensure that all licensing processes in part 52 are 
addressed, and clarifies the applicability of various requirements to 
each of the processes in part 52 (i.e., early site permit, standard 
design approval, standard design certification, combined license, and 
manufacturing license). This proposed rule supersedes the July 3, 2003 
proposed rule.
    The NRC issued 10 CFR part 52 on April 18, 1989 (54 FR 15372), to 
reform the NRC's licensing process for future nuclear power plants. The 
rule added alternative licensing processes in 10 CFR part 52 for early 
site permits, standard design certifications, and combined licenses. 
These were additions to the two-step licensing process that already 
existed in 10 CFR part 50. The processes in 10 CFR part 52 allow for 
resolving safety and environmental issues early in licensing 
proceedings and were intended to enhance the safety and reliability of 
nuclear power plants through standardization. Subsequently, the NRC 
certified four nuclear power plant designs under subpart B of 10 CFR 
part 52--the U.S. Advanced Boiling Water Reactor (ABWR) (62 FR 25800; 
May 12, 1997), the System 80+ (62 FR 27840; May 21, 1997), the AP600 
(64 FR 72002; December 23, 1999), and the AP1000 (71 FR 4464; January 
27, 2006) designs and codified these designs in appendices A, B, C, and 
D of 10 CFR part 52, respectively.
    The NRC had planned to update 10 CFR part 52 after using the 
standard design certification process. The proposed rulemaking action 
began with the issuance of SECY-98-282, ``Part 52 Rulemaking Plan,'' on 
December 4, 1998. The Commission issued a staff requirements memorandum 
on January 14, 1999 (SRM on SECY-98-282), approving the NRC staff's 
plan for revising 10 CFR part 52. Subsequently, the NRC obtained 
considerable stakeholder comment on its planned action, conducted three 
public meetings on the proposed rulemaking, and twice posted draft rule 
language on the NRC's rulemaking Web site before issuance of the 
initial proposed rule.

B. Publication of Revised Proposed Rule

    A number of factors led the NRC to question whether the July 2003 
proposed rule would meet the NRC's objective of improving the 
effectiveness of its processes for licensing future nuclear power 
plants. First, public comments identified several concerns about 
whether the proposed rule adequately addressed the relationship between 
part 50 and part 52, and whether it clearly specified the applicable 
regulatory requirements for each of the licensing and approval 
processes in part 52. In addition, as a result of the NRC staff's 
review of the first three early site permit applications, the staff 
gained additional insights into the early site permit process. The NRC 
also had the benefit of public meetings with external stakeholders on 
NRC staff guidance for the early site permit and combined license 
processes. As a result, the NRC decided that a substantial rewrite and 
expansion of the original proposed rulemaking was desirable so that the 
agency may more effectively and efficiently implement the licensing and 
approval processes for future nuclear power plants under part 52.
    Accordingly, the Commission has decided to revise the July 2003 
proposed rule and publish the revised proposed rule for public comment. 
As discussed in more detail in Section III, Reorganization of Part 52 
and Conforming Changes in the NRC's regulations, this revised proposed 
rule contains a rewrite of part 52, as well as changes throughout the 
NRC's regulations, to ensure that all licensing and approval processes 
in part 52 are addressed, and to clarify the applicability of various 
requirements to each of the processes in part 52 (i.e., early site 
permit, standard design approval, standard design certification, 
combined license, and manufacturing license). In light of the 
substantial rewrite of the July 2003 proposed rule, the expansion of 
the scope of the rulemaking, and the NRC's decision to publish the 
revised proposed rule for public comment, the NRC has decided that 
developing responses to comments received on the July 2003 proposed 
rule is not an effective use of agency resources. The NRC requests that 
commenters on the July 2003 proposed rule who believe that their 
earlier comments are not adequately addressed in this proposed rule 
resubmit their comments. The NRC will provide resolutions for comments 
received on the revised proposed rule in the statement of 
considerations for the final rule. The NRC will not be providing a 
comment resolution for all of the comments received on the original 
July 2003 proposed rule.

III. Reorganization of Part 52 and Conforming Changes in the NRC's 
Regulations

    Since the NRC first adopted 10 CFR part 52 in 1989, the NRC and its 
external stakeholders have identified a number of interrelated issues 
and concerns. One significant concern is that the overall regulatory 
relationship between part 50 and part 52 is not always clear. It is 
often difficult to tell whether general regulatory provisions in part 
50 apply to part 52. One example is whether the absence of an exemption 
provision in part 52 denotes the NRC's determination that exemptions 
from part 52 requirements are not available, or that these exemptions 
are controlled by Sec.  50.12. A related problem is the current lack of 
specific delineation of the applicability of NRC requirements 
throughout 10 CFR Chapter 1 to the licensing and approval processes in 
part 52. For example, the indemnity and insurance provisions in part 
140 were not revised to address their applicability to applicants for 
and holders of combined licenses under part C of part 52. Even where 
part 52 provisions referenced specific requirements in part 50, it was 
not always clear from the language of the part 50 requirement how that 
requirement applied to the part 52 processes. For example, Sec.  
52.47(a)(1)(i) provides that a standard design certification 
application must contain the ``technical information which is required 
of applicants for construction permits and operating licenses by 10 CFR 
* * * part 50 * * * and which is technically relevant to the design and 
not site-specific.''
    The language does not explicitly identify the part 50 requirements 
that are ``technically relevant to the design.'' Even where a specific 
regulation in part 50 is identified as a requirement, the language of 
the referenced regulation itself was not changed to reflect the 
specific requirements as applied to the part 52 processes. For example, 
Sec.  52.79(b) provides that the application must contain the 
``technically relevant information required of applicants for an 
operating license required by 10 CFR 50.34.'' Other than the fact that 
this

[[Page 12784]]

language shares the problem discussed earlier of what constitutes a 
``technically relevant'' requirement, Sec.  50.34(b) is based upon the 
two-step licensing process whereby certain important information is 
submitted at the construction permit stage, and then supplemented with 
more detailed information at the operating license stage. Thus, it 
could be asserted that certain information that must be submitted in 
the construction permit application, e.g., the ``principal design 
criteria for the facility'' required by Sec.  50.34(a)(3)(i), may be 
regarded as not required to be submitted for a combined license 
application under the current version of part 52.
    Another potential source of confusion is that the different 
subparts of part 52 and the appendices on standard design approvals and 
manufacturing licenses are not organized using the same format of 
individual sections (e.g., ``Scope of subpart,'' followed by 
``Relationship to other subparts,'' followed by ``Filing of 
application''). Moreover, the organization and textual content of 
identically-titled sections differs among the subparts, and with 
appendices M, N, O, and Q, which establish additional licensing and 
approval processes. While these differences do not constitute an 
insurmountable problem to their use and application, it became apparent 
to the Commission that adoption of a common format, organization, and 
textual content would enhance the user experience and result in 
increased regulatory effectiveness and efficiency.
    In the 2003 proposed rule, the NRC proposed several changes that 
were intended to address some (but not all) of these issues. However, 
based upon comments received on the 2003 proposed rule, the NRC's 
experience to date with early site permit applications, interactions 
with external stakeholders concerning NRC guidance for combined license 
applications, and NRC's screening of 10 CFR Chapter 1 requirements 
following the receipt of public comments on the 2003 proposed rule, the 
NRC concludes that the 2003 proposed rule would not adequately address 
and resolve these issues.
    Accordingly, the NRC now proposes to take a more comprehensive 
approach to addressing these issues by reorganizing part 52, 
implementing a uniform format and content for each of the subparts in 
part 52, using consistent wording and organization of sections in each 
of the subparts, and making conforming changes throughout 10 CFR 
Chapter 1 to reflect the licensing and approval processes in part 52. 
The NRC has also attempted to coordinate and reconcile differences in 
wording among provisions in parts 2, 50, 51, and 52 to provide 
consistent terminology throughout all of the regulations affecting part 
52. Under the NRC's proposed reorganization of part 52, the existing 
appendices O and M on standard design approvals and manufacturing 
licenses, respectively, would be redesignated as new subparts in part 
52. Redesignating these appendices as subparts in part 52 would result 
in a consistent format and organization of the requirements applicable 
to each of the licensing and approval processes. In addition, the 
redesignation would clarify that each of the licensing and approval 
processes in these appendices are available to potential applicants as 
an alternative to the processes in part 50 (construction permit and 
operating license) and the existing subparts A through C of part 52. 
The Commission does not, by virtue of the proposed redesignation, 
either favor or disfavor the processes in the current appendices M and 
O. Rather, the Commission is simply attempting to standardize the 
format and organization of part 52, and to clarify the full range of 
alternatives that are available under part 52 for use by potential 
applicants. Consistent with the broad scope of part 52, the NRC 
proposes to retitle 10 CFR part 52 as ``Licenses, Certifications, and 
Approvals for Nuclear Power Plants.''
    The NRC also proposes to reorganize and expand the scope of the 
administrative and general regulatory provisions that precede the part 
52 subparts by adding new sections on written communications (analogous 
to Sec.  50.4), employee protection (analogous to Sec.  50.7), 
completeness and accuracy of information (analogous to Sec.  50.9), 
exemptions (analogous to Sec.  50.12), combining licenses (analogous to 
Sec.  50.52), jurisdictional limits (analogous to Sec.  50.53), and 
attacks and destructive acts (analogous to Sec.  50.13). In general, 
the NRC believes that adding the new sections to part 52 rather than 
revising the comparable sections in part 50 is more consistent with the 
general format and content of the Commission's regulations in each of 
the parts of 10 CFR.
    Appendix N, which addresses duplicate design licenses, would be 
removed from part 52 and would be retained in part 50 because the 
duplicate design license is a part 50 operating license. Appendix Q, 
which addresses early staff review of site suitability issues, would 
also be removed from part 52 but retained in part 50. Appendix Q 
provides for NRC staff issuance of a staff site report on site 
suitability issues with respect to a specific site for which a 
potential applicant seeks the NRC staff's views. The staff site report 
is issued after receiving and considering the comments of Federal, 
State, and local agencies and interested persons, as well as the views 
of the Advisory Committee on Reactor Safeguards (ACRS), but only if 
site safety issues are raised. The staff site report does not bind the 
Commission or a presiding officer in any hearing under part 2. This 
process is separate from the early site permit process in subpart A of 
part 52. The NRC recognizes that there appears to be some redundancy 
between the early review of site suitability issues and the early site 
permit process. Accordingly, the NRC proposes to remove appendix Q from 
part 52 and retain it only in part 50.
    Inasmuch as the NRC may, in the future, adopt other regulatory 
processes for nuclear power plants, the NRC proposes to reserve several 
subparts in part 52 to accommodate additional licensing processes that 
may be adopted by the NRC. The NRC used a standard format and content 
for revising the regulations in the existing subparts and developing 
the new subparts that address the current appendices M and O. The 
standard format and content was modeled on the existing organization 
and content of subparts A and C.
    Perhaps most importantly, the NRC has reviewed the existing 
regulations in 10 CFR Chapter 1 to determine if the existing 
regulations must be modified to reflect the licensing and approval 
processes in part 52. First, the NRC determined whether an existing 
regulatory provision must, by virtue of a statutory requirement or 
regulatory necessity, be extended to address a part 52 process, and, if 
so, how the regulatory provision should apply. Second, in situations 
where the NRC has some discretion, the NRC determined whether there 
were policy or regulatory reasons to extend the existing regulations to 
each of the part 52 processes. Most of the NRC's proposed conforming 
changes occur in 10 CFR part 50. In making conforming changes involving 
10 CFR part 50 provisions, the NRC has adopted the general principle of 
keeping the technical requirements in 10 CFR part 50 and maintaining 
all applicable procedural requirements in part 52. However, due to the 
complexity of some provisions in 10 CFR part 50 (e.g., Sec.  50.34), 
this principle could not be universally followed. A description of, and 
bases for, the proposed conforming changes for each affected part 
follows.
    The NRC has prepared the following table that cross-references the 
proposed reorganized provisions of part 52 with the current 
requirements in part 52:

[[Page 12785]]



 Table 1.--Cross-References Between Proposed 10 CFR Part 52 and Existing
                              Requirements
------------------------------------------------------------------------
               Proposed rule                    Existing requirements
------------------------------------------------------------------------
                           General Provisions
------------------------------------------------------------------------
52.0......................................  52.1
52.1......................................  52.3
52.2......................................  52.5
52.3......................................  None
52.4......................................  52.9
52.5......................................  None
52.6......................................  None
52.7......................................  None
52.8......................................  None
52.9......................................  None
52.10.....................................  None
52.11.....................................  52.8
------------------------------------------------------------------------
                      Subpart A--Early Site Permits
------------------------------------------------------------------------
52.12.....................................  52.11
52.13.....................................  52.13
52.15.....................................  52.15
52.16.....................................  None
52.17.....................................  52.17
52.18.....................................  52.18
None......................................  52.19
52.21.....................................  52.21
52.23.....................................  52.23
52.24.....................................  52.24
52.25.....................................  52.25
52.27.....................................  52.27
52.28.....................................  None
52.29.....................................  52.29
52.31.....................................  52.31
52.33.....................................  52.33
52.35.....................................  52.35
None......................................  52.37
52.39.....................................  52.39
------------------------------------------------------------------------
                Subpart B--Standard Design Certifications
------------------------------------------------------------------------
52.41.....................................  52.41 and 52.45
52.43.....................................  52.43
52.45.....................................  52.45 and 52.49
52.46.....................................  None
52.47.....................................  52.47
52.48.....................................  52.48
52.51.....................................  52.51
52.53.....................................  52.53
52.54.....................................  52.54
52.55.....................................  52.55
52.57.....................................  52.57
52.59.....................................  52.59
52.61.....................................  52.61
52.63.....................................  52.63
------------------------------------------------------------------------
                      Subpart C--Combined Licenses
------------------------------------------------------------------------
52.71.....................................  52.71
52.73.....................................  52.73
52.75.....................................  52.75
52.77.....................................  52.77
None......................................  52.78
52.79/52.80...............................  52.79
52.81.....................................  52.81
None......................................  52.83
52.85.....................................  52.85
52.87.....................................  52.87
52.80.....................................  52.89
52.91.....................................  52.91
52.93.....................................  52.93
52.97.....................................  52.97
52.98.....................................  None
52.99.....................................  52.99
52.103....................................  52.103
52.104....................................  None
52.105....................................  None
52.107....................................  None
52.109....................................  None
52.110....................................  None
------------------------------------------------------------------------
                           Subpart D--Reserved
                  Subpart E--Standard Design Approvals
------------------------------------------------------------------------
52.131....................................  App. O, Introduction
52.133....................................  None
52.135(a).................................  App. O, Paragraph 1
52.135(b).................................  App. O, Paragraph 2
52.135(c).................................  None
52.136....................................  App. O, Paragraph 3
52.137....................................  App. O, Paragraph 3
52.139....................................  None
52.141....................................  App. O, Paragraph 4
52.143....................................  App. O, Paragraph 5
52.145(a).................................  App. O, Paragraph 5
52.145(b).................................  App. O, Paragraph 6
52.145(c).................................  App. O, Paragraph 7
52.147....................................  None
------------------------------------------------------------------------
                    Subpart F--Manufacturing Licenses
------------------------------------------------------------------------
52.151....................................  App. M, Introduction
52.153(a).................................  App. M, Paragraph 8
52.153(b).................................  N/A
52.155....................................  App. M, Paragraphs 2 and 4
52.156....................................  App. M, Paragraph 4
52.157....................................  App. M, Paragraphs 2, 4, 5,
                                             6
52.158....................................  App. M, Paragraph 3
52.159....................................  App. M, Paragraph 1
52.161 [Reserved].........................  N/A
52.163....................................  App. M, Paragraph 1
52.165....................................  App. M, Paragraph 1
52.167....................................  App. M, Paragraphs 5,6,8, 10
52.169 [Reserved].........................  N/A
52.171....................................  App. M, Paragraphs 11 and 12
52.173....................................  App. M, Paragraph 6
52.175....................................  None
52.177....................................  None
52.179....................................  None
52.181....................................  None
------------------------------------------------------------------------
                           Subpart G--Reserved
                         Subpart H--Enforcement
------------------------------------------------------------------------
52.301....................................  52.111
52.303....................................  52.113
------------------------------------------------------------------------

IV. Discussion of Substantive Changes

A. Introduction

    The proposed changes in 10 CFR Chapter I are further discussed by 
part. Proposed changes to parts 52 and 50 are discussed first followed 
by proposed changes to other parts in numerical order. Within each 
part, general topics are discussed first, followed by discussion of 
proposed changes to individual sections as necessary. In addition to 
the substantive changes, existing rule language was revised to make 
conforming administrative changes (e.g., identification of regulations 
containing information collection requirements in Sec.  52.10), correct 
typographic errors, adopt consistent terminology (e.g., ``makes the 
finding under Sec.  52.103(g)''), correct grammar, and adopt plain 
English. These changes are not discussed further.

B. Testing Requirements for Advanced Reactors

    This proposed rule would amend Sec. Sec.  50.43, 52.47(b) (proposed 
Sec.  52.47(c)), 52.79, and appendix M to part 52 (proposed Sec.  
52.157) to achieve consistency in the requirements for testing advanced 
reactor designs and plants. This amendment would require applicants for 
a combined license, operating license, or manufacturing license that do 
not reference a certified advanced reactor design to also perform the 
design qualification testing required of applicants for design 
certification under the current Sec.  52.47(b)(2). If a combined 
license application references a certified design, the qualification 
testing required by the current Sec.  52.47(b)(2) will have been 
performed. The codification of testing requirements in Sec.  
52.47(b)(2) was a principal issue during the original development of 10 
CFR part 52 (see Section II of 54 FR 15372; April 18, 1989). The 
requirements in Sec.  52.47(b)(2), which demonstrate the performance of 
new safety features for nuclear power plants that differ significantly 
from evolutionary light-water reactors or use simplified, inherent, 
passive, or other innovative means to accomplish their safety functions 
(advanced reactors), were included in 10 CFR part 52 to ensure that 
these new safety features will perform as predicted in the applicant's 
safety analysis report, that the effects of systems interactions are 
acceptable, and to provide sufficient data to validate analytical 
codes. The design qualification testing requirements may be met with 
either separate effects or integral system tests; prototype tests; or a 
combination of tests, analyses, and operating experience. These 
requirements implement the Commission's policy on proof-of-performance 
testing for all advanced reactors (see Policy Statement at 51 FR 24643; 
July 8, 1986) and the Commission's goal of resolving all safety issues 
before authorizing construction.

[[Page 12786]]

    During the development of 10 CFR part 52, the focus of the nuclear 
industry and the NRC was on applications for design certification. That 
is why the testing requirements to qualify new or innovative safety 
features was only included in subpart B of part 52. Furthermore, the 
tests to qualify a new safety feature are different than verification 
tests, which are required by the current Sec.  52.79(c) and performed 
in accordance with Section XI, ``Test Control,'' of appendix B to part 
50. Verification tests are used to provide assurance that construction 
and installation of equipment (as-built) in the facility has been 
accomplished in accordance with the approved design.
    This amendment also proposes, in Sec. Sec.  50.43(e)(2) and 
52.79(a), a requirement for licensing a prototype plant, as defined in 
proposed Sec. Sec.  50.2 and 52.1, if it is used to meet the 
qualification testing requirements in proposed Sec.  50.43(e). New 
Sec.  50.43(e) states that, if a prototype plant is used to comply with 
the testing requirements, the NRC may impose additional requirements on 
siting, safety features, or operational conditions for the prototype 
plant to compensate for any uncertainties associated with the 
performance of the new or innovative safety features in the prototype 
plant. Although the NRC stated that it favors the use of prototypical 
demonstration facilities and that prototype testing is likely to be 
required for certification of advanced non-light-water designs (see 
Policy Statement at 51 FR 24646; July 8, 1986, and Section II of the 
final rule (54 FR 15372; April 18, 1989) on 10 CFR part 52), this 
revised proposed rule would not require the use of a prototype plant 
for qualification testing. Rather, this proposed rule would provide 
that if a prototype plant is used to qualify an advanced reactor 
design, then additional requirements may be required for licensing the 
prototype plant to compensate for any uncertainties with the unproven 
safety features. Also, the prototype plant could be used for commercial 
operation. Finally, it would be inconsistent for the NRC to require 
qualification testing only for design certification applications (paper 
designs) and not require testing for applications to build and operate 
an actual nuclear power plant. Therefore, the NRC proposes to amend the 
current Sec. Sec.  50.43, 52.47(b), 52.79, and appendix M to part 52 to 
implement its intent in adopting part 52 and its policy on advanced 
reactors that it is necessary to demonstrate the performance of new or 
innovative safety features through design qualification testing for all 
advanced nuclear reactor designs or plants (including reactors 
manufactured under a manufacturing license).

C. Proposed Changes to 10 CFR Part 52

1. Use of Terms: Site characteristics, Site parameters, Design 
characteristics, and Design parameters in Sec. Sec.  52.1, 52.17, 
52.24, 52.39, 52.47, 52.54, 52.79, 52.93, 52.157, 52.158, 52.167, 
52.171, and Appendices A, B, and C
    The NRC believes that 10 CFR part 52 should be modified to clarify 
the use of the terms, site characteristics, site parameters, design 
characteristics, and design parameters, to present the NRC's 
requirements governing applications for and issuance of early site 
permits, design approvals, design certifications, combined licenses, 
and manufacturing licenses in clear and unambiguous terms. The proposed 
rule adds or revises these terms where necessary to reflect this 
clarification. Corresponding changes are made to Sec. Sec.  52.17, 
52.24, 52.39, 52.47, 52.54, 52.79, 52.93, 52.157, 52.158, 52.167, 
52.171, and Section III.E of appendices A, B, and C to part 52.
    The NRC is also proposing to add definitions of the terms design 
characteristics, design parameters, site characteristics, and site 
parameters to Sec.  52.1 to clarify the use of these terms. Design 
characteristics are defined as the actual features of a reactor or 
reactors. Design characteristics are specified in a standard design 
approval, a standard design certification, or a combined license 
application. Design parameters are defined as the postulated features 
of a reactor or reactors that could be built at a proposed site. Design 
parameters are specified in an early site permit. Site characteristics 
are defined as the actual physical, environmental and demographic 
features of a site. Site characteristics are specified in an early site 
permit or in a final safety analysis report for a combined license. 
Site parameters are defined as the postulated physical, environmental 
and demographic features of an assumed site. Site parameters are 
specified in a standard design approval, standard design certification, 
or a manufacturing license.
    In addition, the NRC has revised Sec.  52.79 to include a 
requirement that a combined license application referencing a certified 
design must contain information sufficient to demonstrate that the 
design of the facility falls within the site characteristics and design 
parameters specified in the early site permit. Section 52.79 already 
contains a requirement that a combined license application referencing 
an early site permit contain information sufficient to demonstrate that 
the design of the facility falls within the parameters specified in the 
early site permit. The NRC interprets parameters in this case to mean 
the site characteristics and design parameters as defined in proposed 
Sec.  52.1. The NRC proposes similar changes to Sec. Sec.  52.39 and 
52.93. The need for these changes became evident during NRC's review of 
the pilot early site permit applications. Because the NRC is relying on 
certain design parameters specified in the early site permit 
applications to reach its conclusions on site suitability, these design 
parameters will be included in any early site permit issued. The NRC 
believes that these changes, in the aggregate, will provide sufficient 
clarification on the use of the terms in question.
    As the NRC completes its review of the first early site permit 
applications and prepares for the submittal of the first combined 
license application, it is focusing on the interaction among the early 
site permit, design certification, and combined license processes. The 
NRC believes that its review of a combined license application that 
references an early site permit will involve a comparison to ensure 
that the actual characteristics of the design chosen by the combined 
license applicant fall within the design parameters specified in the 
early site permit. Commission review of a combined license application 
that references a design certification will involve a comparison to 
ensure that the actual characteristics of the site chosen by the 
combined license applicant fall within the site parameters in the 
design certification. Similarly, if a combined license applicant 
references both an early site permit and a design certification, the 
NRC will review the application to ensure that the site characteristics 
in the early site permit fall within the site parameters in the 
referenced design certification and that the actual characteristics of 
the certified design fall within the design parameters in the early 
site permit. For these reasons, the NRC believes it is important to 
clarify the use of these terms and their applicability to the part 52 
licensing processes.
2. Issuance of Combined and Manufacturing Licenses (Sec. Sec.  52.97 
and 52.163)
    Current Sec.  50.50 sets forth the NRC's authority to include 
conditions and limitations in permits and licenses issued by the NRC 
under part 50. Similar language delineating the NRC's authority in this 
regard is also set forth

[[Page 12787]]

in Sec.  52.24 for early site permits, but is not included in part 52 
with respect to either combined licenses or manufacturing licenses. 
There are two possible ways of addressing this omission: Sec.  50.50 
could be revised to refer to combined licenses and manufacturing 
licenses, or provisions analogous to Sec.  50.50 could be added to the 
appropriate sections in part 52 for combined licenses and manufacturing 
licenses. Inasmuch as the NRC's inclusion of appropriate conditions in 
combined licenses is not a technical matter per se but rather a matter 
of regulatory authority, the most appropriate location for this 
provision appears to be in part 52. Inclusion of these provisions in 
appropriate portions of part 52 would be consistent with the provision 
applicable to early site permits in Sec.  52.24. Accordingly, the NRC 
proposes to add the language in Sec. Sec.  52.97(d) for combined 
licenses, and 52.163 for manufacturing licenses, which are analogous to 
Sec.  50.50.
3. General Provisions
    a. Section 52.0, Scope; applicability of 10 CFR Chapter 1 
provisions. The NRC proposes to redesignate current Sec.  52.1, Scope, 
as Sec.  52.0, Scope; applicability of 10 CFR Chapter 1 provisions. In 
proposed Sec.  52.0, paragraph (a) consists of current Sec.  52.1 on 
the scope of part 52, and paragraph (b) addresses the applicability of 
10 CFR Chapter 1 provisions. Currently Sec.  52.1 states that part 52 
governs the issuance of early site permits, standard design 
certifications, and combined licenses for nuclear power facilities 
licensed under Section 103 or 104b of the Atomic Energy Act of 1954 
(AEA), as amended (68 Stat. 919), and Title II of the Energy 
Reorganization Act of 1974 (88 Stat. 1242). In proposed Sec.  52.0(a), 
the NRC proposes to revise this provision to include standard design 
approvals and manufacturing licenses within the scope of part 52 and to 
restrict licenses issued under part 52 to those issued under Section 
103 of the AEA. After passage of the 1970 amendments to the AEA, all 
licenses for commercial nuclear power plants with construction permits 
issued after the date of the amendments were required to be issued as 
Section 103 licenses. The NRC interprets the 1970 amendment as 
requiring combined licenses under section 185 to be issued as section 
103 licenses.\1\ Accordingly, the NRC proposes to revise the scope of 
part 52 to limit its applicability to licenses issued under Section 103 
of the AEA.
---------------------------------------------------------------------------

    \1\ This may be an academic distinction, in light of the Energy 
Policy Act of 2005, Pub. L. 109-58, which removed the need for 
antitrust reviews of new utilization facilities.
---------------------------------------------------------------------------

    The addition of proposed Sec.  52.0(b) stems from the July 3, 2003 
(68 FR 40026) proposed rule. In that proposed rule, the NRC proposed a 
new Sec.  52.5 listing all of the licensing provisions in 10 CFR part 
50 that also apply to all of the licensing processes in 10 CFR part 52. 
This proposed change was in response to a letter dated November 13, 
2001, from the Nuclear Energy Institute (NEI) that stated:

    The industry proposes that additional General Provisions be 
added to Part 52 in addition to an appropriate provision on Written 
Communications. This approach is preferable to including cross-
references in Part 52 to Part 50 general provisions because these 
provisions typically must be tailored to apply appropriately to the 
variety of licensing processes in Part 52.

    The purpose of the amendment proposed in 2003 was to clarify that 
these 10 CFR part 50 provisions are applicable to the licensing 
processes that were formerly in 10 CFR part 50 (appendices M, N, O, and 
Q) and are now in 10 CFR part 52, as well as to the new licensing 
processes for early site permits, standard design certifications, and 
combined licenses. Although these provisions in 10 CFR part 50 did not 
refer to the additional licensing processes in 10 CFR part 52, the new 
Sec.  52.5 was proposed to make it clear that a holder of or applicant 
for an approval, certification, permit, or license issued under 10 CFR 
part 52 must comply with all requirements in these provisions that are 
otherwise applicable to applicants or licensees under 10 CFR part 50. 
In preparing the revised proposed rule, the NRC has taken into account 
the comments it received on the 2003 proposed rule which indicated that 
the previous change to add Sec.  52.5 was overly broad and would impose 
burdensome and seemingly inappropriate new requirements on applicants 
for design certifications that were not warranted for entities that 
were neither constructing nor operating a reactor.
    The NRC agrees that the amendment proposed in 2003 was not 
sufficiently detailed to make it clear which of the part 50 provisions 
applied to each of the part 52 licensing processes. The NRC has 
concluded that the most effective solution to this problem is to make 
conforming changes to all of the regulations in 10 CFR Chapter 1 that 
are applicable to the part 52 licensing processes. Accordingly, the NRC 
has reviewed all of 10 CFR Chapter 1 to identify requirements that 
apply to one or more of the licensing processes in 10 CFR part 52 and 
is proposing conforming changes to those requirements. As a result of 
this effort, the NRC proposes to add new Sec.  52.0(b) which makes it 
clear that the regulations in 10 CFR Chapter 1 apply to a holder of, or 
applicant for an approval, certification, permit, or license issued 
under part 52 and that any license, approval, certification, or permit, 
issued under 10 CFR part 52 must comply with these regulations.
    b. Section 52.1, Definitions. The NRC proposes to amend Sec.  52.1 
by adding the definitions for decommission, license, licensee, 
manufacturing license, modular design, prototype plant, and standard 
design approval. The definition of decommission from 10 CFR part 50 
would be added to 10 CFR part 52 because the NRC is proposing that part 
52 address decommissioning of nuclear power facilities with combined 
licenses. The definitions of license and licensee are consistent with 
the definitions of the same terms that the NRC is proposing in 10 CFR 
parts 2 and 50. Definitions of manufacturing license and standard 
design approval would be added so that each of the part 52 license 
types are defined in this section.
    The definition of modular design would be added to explain the type 
of modular reactor design to which the NRC intended to refer to in the 
second sentence of the current Sec.  52.103(g). This special provision 
for modular designs would be added to part 52 to facilitate the 
licensing of nuclear plants, such as the Modular High Temperature Gas-
Cooled Reactor (MHTGR) and Power Reactor Innovative Small Module 
(PRISM) designs, that consisted of 3 or 4 nuclear reactors in a single 
power block with a shared power conversion system. During the period 
that the power block is under construction, the NRC could separately 
authorize operation for each nuclear reactor when each reactor and all 
of its necessary support systems were completed. The NRC believes that 
the term modular design needs to be defined to aid future use of the 
current Sec.  52.103(g) by distinguishing the intended definition from 
other definitions for modular design that may be used within the 
nuclear industry.
    The NRC proposes to add a definition for prototype plant to explain 
the type of nuclear power plant that the NRC intended in the current 
Sec.  52.47(b), and in the proposed Sec. Sec.  50.43, 52.47, 52.79, and 
52.157. A prototype plant is a licensed nuclear reactor test facility 
that is similar to and representative of either the first-of-a-kind or 
standard nuclear plant design in all features and size, but may have 
additional safety features. The purpose of the prototype plant is to

[[Page 12788]]

perform testing of new or innovative safety features for the first-of-
a-kind nuclear plant design, as well as being used as a commercial 
nuclear power facility.
    c. Section 52.2, Interpretations; and Section 52.4, Deliberate 
misconduct. The current section on interpretations in Sec.  52.5 is 
retained and redesignated as Sec.  52.2 and the current section on 
deliberate misconduct in Sec.  52.9 is retained and redesignated as 
Sec.  52.4.
    d. Section 52.3, Written communications; Section 52.5, Employee 
protection; Section 52.6, Completeness and accuracy of information; 
Section 52.7, Specific exemptions; Section 52.8, Combining licenses; 
Section 52.9, Jurisdictional limits; and Section 52.10, Attacks and 
destructive acts. The NRC proposes to clarify the regulatory structure 
of part 52 by proposing to add new Sec. Sec.  52.3, Written 
communications; 52.5, Employee protection; 52.6, Completeness and 
accuracy of information; 52.7, Specific exemptions; 52.8, Combining 
licenses; 52.9, Jurisdictional limits; and 52.10, Attacks and 
destructive acts. The Commission proposes to add Sec.  52.3, Written 
communications, which is essentially identical with the current Sec.  
50.4, to address the requirements for correspondence, reports, 
applications, and other written communications from applicants, 
licensees, or holders of a standard design approval to the NRC 
concerning the regulations in part 52.
    The Commission proposes to add Sec.  52.5, to address 
discrimination against an employee for engaging in certain protected 
activities concerning the regulations in part 52. Accordingly, the 
Commission proposes to add Sec.  52.5, which is essentially identical 
with the current Sec.  50.7, with the exception of the addition of a 
provision on coordination with the requirements in 10 CFR part 19.
    The Commission proposes to add Sec.  52.6, which is identical with 
the current Sec.  50.9, to require that information provided to the 
Commission by a licensee, a holder of a standard design approval, and 
an applicant under part 52, and information required by statute or by 
the NRC's regulations, orders, or license conditions to be maintained 
by a licensee, holder of a standard design approval, and applicant 
under part 52 (including the applicant for a standard design 
certification under part 52 following Commission adoption of a final 
design certification rule) be complete and accurate in all material 
respects.
    The Commission proposes to add Sec.  52.7, which is essentially 
identical with current Sec.  50.12, to address the procedure and 
criteria for obtaining an exemption from the requirements of part 52. 
Although part 50 contains a provision (Sec.  50.12) for obtaining 
specific exemptions, Sec.  50.12 by its terms applies only to 
exemptions from part 50. Although it would be possible to revise Sec.  
50.12 so that its provisions apply to exemptions from part 52, this is 
inconsistent with the general regulatory structure of 10 CFR, wherein 
each part is treated as a separate and independent regulatory unit. The 
NRC notes that the exemption provisions in Sec.  52.7 are generally 
applicable to part 52, and do not supercede or otherwise diminish more 
specific exemption provisions that are in part 52, for example the 
provisions of a specific design certification rule or Sec.  52.63(b)(1) 
governing exemptions from one or more elements of a design 
certification rule. An applicant or licensee referencing a standard 
design certification rule who wishes to obtain an exemption with regard 
to design certification information must meet the criteria in the 
specific design certification rule or Sec.  52.63(b)(1), as applicable. 
If the applicant or licensee seeks an exemption from other provisions 
of Subpart B or other provisions of a particular standard design 
certification rule, then it may request an exemption under the more 
encompassing authority of Sec.  52.7. The exemption request must then 
demonstrate compliance with the additional criteria in Sec.  52.7.
    The NRC proposes to add Sec.  52.8, which is essentially identical 
with the current Sec.  50.31, to clarify the Commission's authority 
under Section 161.h of the AEA to combine NRC licenses, such as a 
special nuclear materials license under part 70 for the reactor fuel, 
with a combined license under part 52. Although Sec.  50.31 contains a 
provision allowing a part 50 license, such as an operating license, to 
be combined with a part 52 license, such as an early site permit, Sec.  
50.31 does not address the Commission's authority to combine a part 52 
license with a non-part 50 license.
    The Commission proposes to add Sec.  52.9, which is identical with 
Sec.  50.53, to clarify that NRC licenses issued under part 52 do not 
authorize activities which are not under or within the jurisdiction of 
the United States; an example would be the construction of a nuclear 
power reactor outside the territorial jurisdiction of the United States 
which uses a design identical to that approved in a standard design 
certification rule in part 52.
    The Commission proposes to add Sec.  52.10 because there is no 
specific provision in part 52 that applies to part 52 processes the 
Commission's longstanding determination with respect to the lack of 
need for design features and other measures for protection of nuclear 
power plants against attacks by enemies of the United States, or the 
use of weapons deployed by United States defense activities. That 
determination, which was upheld by the U.S. Court of Appeals for the 
D.C. Circuit, see Siegel v. Atomic Energy Commission, 400 F.2d 778 
(D.C. Cir 1968), is currently codified for part 50 facilities in Sec.  
50.13. Although it would be possible to revise Sec.  50.13 so that its 
provisions apply to part 52 licenses, early site permits, standard 
design certifications, and standard design approvals, this is 
inconsistent with the overall regulatory pattern of 10 CFR, whereby 
each part is treated as a separate and independent regulatory unit. 
Moreover, any changes to Sec.  50.13 may erroneously be viewed as 
changes to the Commission's substantive determination on this matter.
    For these reasons, the Commission is proposing to add Sec.  52.10, 
which is essentially identical with Sec.  50.13. Inclusion of this 
provision in part 52 would make clear that combined licenses, 
manufacturing licenses, design certification rulemakings, standard 
design approvals, and amendments to these licenses, rulemakings, and 
approvals under part 52--as with licenses issued under part 50--need 
not provide design features or other measures for protection of nuclear 
power plants against attacks by enemies of the United States, or the 
use of weapons deployed by United States defense activities. In adding 
Sec.  52.10, the Commission emphasizes that it is not changing in any 
way, nor is it intending to revisit in this rulemaking, the 
Commission's determination with respect to the lack of need for design 
features or other measures for protection of nuclear power plants 
against attacks by enemies of the United States, or the use of weapons 
deployed by United States defense activities. The Commission is simply 
making it clear that its longstanding determination applies to 
applications under part 52 just as it applies to applications under 
part 50.
4. Subpart A, Early Site Permits
    a. Emergency Preparedness Requirements for Early Site Permit 
Applicants. The NRC proposes to amend Sec. Sec.  52.17(b), 52.18, and 
52.39 to address changes to emergency preparedness requirements for 
early site permit applicants. The NRC proposes to

[[Page 12789]]

amend Sec.  52.17(b)(1), which requires that an early site permit 
application identify physical characteristics unique to the proposed 
site that could pose a significant impediment to the development of 
emergency plans. The NRC proposes to add a sentence to require that, if 
physical characteristics that could pose a significant impediment to 
the development of emergency plans are identified, the application must 
identify measures that would, when implemented, mitigate or eliminate 
the significant impediment. The NRC believes this addition is necessary 
to clarify the NRC's expectations in cases where a physical 
characteristic exists that could pose a significant impediment to the 
development of emergency plans. Simply identifying these physical 
characteristics alone does not provide the NRC with enough information 
to determine if these characteristics are likely to pose a significant 
impediment to the development of emergency plans. Similarly, the 
Commission proposes to amend Sec.  52.18 to require that the Commission 
determine whether the information required of the applicant by Sec.  
52.17(b)(1) shows that there is no significant impediment to the 
development of emergency plans that cannot be mitigated or eliminated 
by measures proposed by the applicant [emphasis added].
    The NRC proposes to amend Sec. Sec.  52.17(b)(2)(i), 
52.17(b)(2)(ii), and 52.18 to clarify that any emergency plans or major 
features of emergency plans proposed by early site permit applicants 
must be in accordance with the applicable standards of 10 CFR 50.47 and 
the requirements of appendix E to part 50. These changes would clarify 
the standards applicable to emergency preparedness information supplied 
with an early site permit application. In addition, the Commission 
proposes to add new Sec.  52.17(b)(3) to require that any complete and 
integrated emergency plans submitted for review in an early site permit 
application must include the proposed inspections, tests, and analyses 
that the holder of a combined license referencing the early site permit 
shall perform, and the acceptance criteria that are necessary and 
sufficient to provide reasonable assurance that, if the inspections, 
tests, and analyses are performed and the acceptance criteria met, the 
facility has been constructed and would operate in conformity with the 
license, the provisions of the AEA, and the NRC's regulations. The NRC 
is proposing these amendments for consistency with the requirements in 
subpart C of part 52 regarding the review of emergency plans at the 
early site permit stage. The NRC believes that its review of complete 
and integrated plans included in an early site permit application 
should be no different than its review of emergency plans submitted in 
a combined license application, given that the NRC must make the same 
findings in both cases, namely, that the plans submitted by the 
applicant provide reasonable assurance that adequate protective 
measures can and will be taken in the event of a radiological 
emergency. The NRC will not be able to make the required finding 
without the inclusion of proposed inspections, tests, analyses, and 
acceptance criteria in an early site permit application that includes 
complete and integrated emergency plans.
    b. Section 52.13, Relationship to other subparts. The NRC proposes 
to retitle Sec.  52.13 from ``Relationship to subpart F of 10 CFR part 
2 and appendix Q of this part,'' to ``Relationship to other subparts,'' 
to reflect the revised scope of this section, which has been refocused 
on part 52. The reference to Appendix Q and part 2 are no longer 
needed, consistent with the Commission's decision (discussed earlier in 
section II) to remove Appendix Q from part 52.
    c. Section 52.16, Contents of applications; general information and 
Section 52.17, Contents of applications; technical information. The NRC 
proposes to add Sec.  52.16 to include the general content requirements 
from Sec.  52.17(a)(1).
    The title of Sec.  52.17 would be revised to read, ``Contents of 
applications; technical information,'' Section 52.17(a)(1) would be 
amended to state that the early site permit application should specify 
the range of facilities for which the applicant is requesting site 
approval (e.g., one, two, or three pressurized-water reactors). This 
new language, which is consistent with the language in paragraph 2 of 
current appendix Q to part 52, provides a clearer and more complete 
statement of the applicant's proposal with respect to the facilities 
which may be located under the early site permit. This facilitates NRC 
review, as well as providing adequate notice to potentially-affected 
members of the public and State and local governmental entities. The 
NRC assumes that an applicant for an early site permit may not know 
what type of nuclear plant may be built at the site. Therefore, the 
application must specify the postulated design parameters for the range 
of reactor types, the numbers of reactors, etc., to increase the 
likelihood that approval of the site will resolve issues with respect 
to the actual plant or plants that the early site permit or 
construction permit applicant decides to build. In a letter dated 
November 13, 2001 (comment 27 on draft proposed rule text), NEI stated, 
``The proposed change is too limited. To address the required 
assessment of major SSCs [structures, systems, and components] that 
bear on radiological consequences and all items 52.17(a)(1)(i-viii), 
industry recommends a new Sec.  52.17a.2.'' The NRC disagrees with 
NEI's proposal to have a separate provision for applicants who have not 
determined the type of plant that they plan to build at the proposed 
site. The NRC expects that applicants for an early site permit may not 
have decided on a particular type of nuclear power plant, therefore, 
Sec.  52.17(a)(1) was revised to address this situation.
    The NRC proposes to amend Sec.  52.17(a)(1) to eliminate all 
references to Sec.  50.34. The references to Sec.  50.34(a)(12) and 
(b)(10) would be removed because these provisions require compliance 
with the earthquake engineering criteria in appendix S to part 50 and 
are not requirements for the content of an application. The reference 
to Sec.  50.34(b)(6)(v), which requires plans for coping with 
emergencies, would also be removed. All requirements related to 
emergency planning for early site permits are addressed in Sec.  
52.17(b). Finally, the reference to the radiological consequence 
evaluation factors identified in Sec.  50.34(a)(1) would be removed and 
restated in Sec.  52.17(a)(1). The NRC is proposing to modify the 
existing requirement for early site permit applications to describe the 
seismic, meteorological, hydrologic, and geologic characteristics of 
the proposed site to add that these descriptions must reflect 
appropriate consideration of the most severe of the natural phenomena 
that have been historically reported for the site and surrounding area 
and with sufficient margin for the limited accuracy, quantity, and time 
in which the historical data have been accumulated. This proposed 
addition is to ensure that future plants built at the site would be in 
compliance with General Design Criterion 2 from appendix A to part 50 
which requires that structures, systems, and components important to 
safety be designed to withstand the effects of natural phenomena such 
as earthquakes, tornadoes, hurricanes, floods, tsunami, and seiches 
without loss of capability to perform their safety functions. The 
design bases for these structures, systems, and components are required 
to reflect appropriate consideration of

[[Page 12790]]

the most severe of the natural phenomena that have been historically 
reported for the site and surrounding area, with sufficient margin for 
the limited accuracy, quantity, and time in which the historical data 
have been accumulated.
    The