Alignment of Licensing Processes and Lessons Learned From New Reactor Licensing, 7513-7516 [2021-01860]

Download as PDF 7513 Proposed Rules Federal Register Vol. 86, No. 18 Friday, January 29, 2021 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2, 21, 26, 50, 51, 52, 55, and 73 [NRC–2009–0196] RIN 3150–AI66 Alignment of Licensing Processes and Lessons Learned From New Reactor Licensing Nuclear Regulatory Commission. ACTION: Regulatory basis; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is requesting comments on a regulatory basis to support a proposed rule that would amend the NRC’s regulations for the licensing of new nuclear power reactors. The NRC’s goals in amending these regulations would be to ensure consistency in new reactor licensing reviews, provide for an efficient new reactor licensing process, reduce the need for exemptions from existing regulations and license amendment requests, address other new reactor licensing issues deemed relevant by the NRC, and support the principles of good regulation, specifically openness, clarity, and reliability. The NRC plans to hold a public meeting to promote a full understanding of the rulemaking, discuss the regulatory basis, and facilitate public participation. DATES: Submit comments by April 14, 2021. Comments received after this date will be considered if it is practical to do so, but the NRC is only able to ensure consideration of 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–2009–0196. Address questions about NRC dockets to Dawn khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:44 Jan 28, 2021 Jkt 253001 Forder; telephone: 301–415–3407; email: Dawn.Forder@nrc.gov. For technical questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Email comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301–415–1677. 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: James G. O’Driscoll, Office of Nuclear Material Safety and Safeguards; telephone: 301–415–1325; email: James.ODriscoll@nrc.gov; or Allen Fetter, Office of Nuclear Reactor Regulation; telephone: 301–415–8556; email: Allen.Fetter@nrc.gov. 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–2009– 0196 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable 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–2009–0196. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 415–4737, or by email to pdr.resource@ nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ‘‘Availability of Documents’’ section. • Attention: The PDR where you may examine and order copies of public PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 documents is currently closed. You may submit your request to the PDR via email at pdr.resource@nrc.gov or call 1– 800–397–4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except Federal holidays. B. Submitting Comments Please include Docket ID NRC–2009– 0196 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 to not 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. Please note that the NRC will not provide formal written responses to each of the comments received on the regulatory basis. However, the NRC will consider all comments received in the rulemaking process. II. Discussion The NRC is requesting comments on a regulatory basis to support a proposed rule that would amend the NRC’s regulations for the licensing of new nuclear power reactors in parts 50 and 52 of title 10 of the Code of Federal Regulations (10 CFR). The NRC’s goals in amending these regulations would be to ensure consistency in new reactor licensing reviews, provide for an efficient new reactor licensing process, reduce the need for exemptions from existing regulations and license amendment requests, address other new reactor licensing issues deemed relevant by the NRC, and support the principles of good regulation, specifically openness, clarity, and reliability. These rule changes would apply to any power reactor application submitted to the NRC. For example, the scope of E:\FR\FM\29JAP1.SGM 29JAP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 7514 Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Proposed Rules impacted entities includes applicants for designs and facilities similar to large light water reactors operating today, new, large light water reactors (e.g., similar to the KHNP APR–1400 and Westinghouse AP1000), small modular reactors (e.g., similar to NuScale small modular reactor), and non-light water reactors (e.g., high temperature gas reactor, fast reactors, and molten salt reactors) On January 15, 2019, the NRC held a Category 3 public meeting to obtain feedback from external stakeholders on the scope of the development of the regulatory basis for this proposed rule. Representatives of the commercial nuclear power industry presented 18 suggested changes at the meeting and submitted a list of 20 additional suggested changes. On September 20, 2019, the NRC met with individual members of the Regulatory Policies and Practices Subcommittee of the Advisory Committee on Reactor Safeguards (ACRS). The purpose of the meeting was to receive the ACRS members’ observations on the implementation of the 10 CFR part 52 process based on their individual perspectives from their reviews of early site permit (ESP), design certification (DC), and combined license applications. On November 21, 2019, and April 29, 2020, the NRC held Category 3 public meetings with members of the public to provide updates on the agency’s efforts since the January 15, 2019, public meeting. In these meetings, the NRC provided updates on progress including an overview of the scope of the regulatory basis. At both meetings, the NRC conducted question and answer sessions. Consistent with the NRC’s rulemaking process, the NRC has prepared a regulatory basis to describe and document the results of assessments performed by the NRC in support of the proposed rule. This regulatory basis and the meeting summaries, including transcripts, are listed in the ‘‘Availability of Documents’’ section of this document. In the regulatory basis, the NRC concludes that there is sufficient basis to proceed with rulemaking to address the alignment of regulatory requirements associated with 10 CFR parts 50 and 52 and the incorporation of lessons learned from new reactor licensing reviews. However, through development of its regulatory basis, the NRC has determined that some areas within the scope previously discussed could be addressed using other regulatory alternatives. The Commission has not approved any specific recommendation in the VerDate Sep<11>2014 16:44 Jan 28, 2021 Jkt 253001 regulatory basis at this time, and as such, any conclusions regarding the elements of the alignment of licensing processes and lessons learned from new reactor licensing process rulemaking are subject to change. III. Specific Requests for Comments The NRC is requesting comment on the regulatory basis titled ‘‘Alignment of Licensing Processes and Lessons Learned from New Reactor Licensing.’’ As you prepare your comments, consider the following general questions: 1. Is the NRC considering appropriate options for each regulatory area described in the regulatory basis? 2. Are there additional factors that the NRC should consider in each regulatory area? What are these factors? 3. Are there any additional options that the NRC should consider during development of the proposed rule? 4. Is there additional information concerning regulatory impacts that the NRC should include in its regulatory analysis for this rulemaking? Specific Regulatory Issues In addition to the general questions, the NRC has identified additional areas of consideration that could either be included in the scope of the alignment of licensing processes and lessons learned from new reactor licensing rulemaking or addressed through other actions. The NRC may include additional discussion of these issues in the proposed rule, and if included, will use any public comments received regarding these issues to inform the development of the proposed rule. The NRC requests that members of the public answer the following specific questions regarding these additional regulatory issues. Emergency Planning Significant Impediments to Development of Emergency Plans As required by § 52.17(b)(1), the site safety analysis report for an ESP application must include an evaluation of the physical characteristics of the proposed site, such as egress limitations from the area surrounding the site, that could pose a significant impediment to the development of emergency plans. 1. The NRC is considering revising the guidance in Regulatory Guide 4.7, ‘‘General Site Suitability Criteria for Nuclear Power Stations,’’ and NUREG– 0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,’’ Chapter 13, ‘‘Conduct of Operations,’’ on how to meet the requirements of PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 § 52.17(b)(1) and the siting criteria in 10 CFR part 100, ‘‘Reactor site criteria,’’ as it relates to siting and emergency planning for ESP reviews. The NRC is seeking comment on the appropriate distance within which to perform the analysis to demonstrate compliance with the siting criteria for identifying site characteristics that could pose significant impediments to the development of emergency plans. Please provide a basis for your response. Part 52 Process Standard Design Approvals Duration, Manufacturing License Renewal and Manufacturing License Expiration Date As described in § 52.147, standard design approvals (SDAs) are valid for 15 years from the date of issuance and may not be renewed. For manufacturing licenses (MLs), § 52.173 specifies that a license authorizing manufacture of nuclear power reactors is valid for no more than 15 years from the date of issuance. As part of this rulemaking, the NRC is considering the removal of the 15-year duration for DCs established in § 52.55 and DC renewal requirements in §§ 52.57, 52.59, and 52.61 and 10 CFR part 52 DC appendices. This would result in DCs that never expire and, therefore, do not need to be renewed every 15 years. The 2007 10 CFR part 52 final rule provided the term of an SDA to be for 15 years and the term of an ML to be for no less than 5, or no more than 15 years from the date of issuance. The Commission established the 15-year maximum term for SDAs and MLs to be consistent with the maximum term for a standard design certification. The 5year minimum term was established by the Commission to encourage the use of an ML for the manufacture of more than one nuclear power reactor. 2. If the NRC eliminates the renewal requirements for DCs, should the NRC consider eliminating or changing duration requirements for MLs? 3. If the NRC eliminates the renewal requirements for DCs, should the NRC consider eliminating or changing the duration requirements for SDAs? Expired Design Certifications in 10 CFR Part 52 As part of the proposed rule, the NRC is considering the removal of the 15year duration for DCs established in § 52.55 and DC renewal requirements in §§ 52.57, 52.59, and 52.61 and 10 CFR part 52 DC appendices. This would result in DCs that never expire and, therefore, do not need to be renewed every 15 years. However, there are presently two DCs contained in the appendices to 10 CFR part 52 (AP600 E:\FR\FM\29JAP1.SGM 29JAP1 Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Proposed Rules and System 80+) that have already expired. 4. Should the NRC remove expired DC rules from the appendices to 10 CFR part 52 in the proposed rule? Relationship to Advanced Reactors The current regulations in 10 CFR parts 50 and 52 were largely written during a period when the NRC was licensing light-water-reactors. Today, significant stakeholder interest exists in licensing new advanced non-light-water reactor designs. As such, in the proposed rule and in subsequent rulemakings addressing new licensing regulations for advanced reactors, the NRC wants to ensure that it considers stakeholder feedback on how regulatory changes would impact potential nonlight-water reactor applicants. For example, the NRC recommends revising § 50.34(f) so that the TMI requirements in § 50.34(f) apply to new power reactor applications submitted under 10 CFR part 50, with the same exceptions given for 10 CFR part 52 applicants. Section 50.34(f) requires 10 CFR part 52 applicants to provide information necessary to demonstrate compliance with any ‘‘technically relevant’’ positions of the requirements in § 50.34(f)(1) through (3) with the exception of § 50.34(f)(1)(xii), (f)(2)(ix), and (f)(3)(v). The NRC is still considering whether and how these regulations would apply to non-light water reactors. 5. Please provide feedback on impacts of the TMI requirements on non-LWR applicants the NRC should consider in the scope of the proposed rule. Please provide the basis for your answer. IV. Cumulative Effects of Regulation The cumulative effects of regulation (CER) describes the challenges that licensees or other impacted entities (such as State agency partners) may face while implementing new regulatory positions, programs, and requirements (e.g., rules, generic letters, backfits, inspections). The CER is an organizational effectiveness challenge that results from a licensee or impacted entity implementing a number of complex positions, programs, or requirements within a limited implementation period and with available resources (which may include limited available expertise to address a specific issue). The NRC has implemented CER enhancements to the rulemaking process to facilitate public involvement throughout the rulemaking process. Therefore, the NRC is specifically requesting comment on the cumulative effects that may result from this proposed rulemaking. In developing comments on the regulatory basis, consider the following questions: 1. In light of any current or projected CER challenges, what should be a reasonable effective date, compliance date, or submittal date(s) from the time the final rule is published to the actual implementation of any new proposed requirements, including changes to programs, procedures, or the facility? 2. If CER challenges currently exist or are expected, what should be done to address them? For example, if more time is required for implementation of the new requirements, what period of time is sufficient? 3. Do other regulatory actions (e.g., orders, generic communications, license amendment requests, and inspection findings of a generic nature) by the NRC or other agencies influence the implementation of the potential proposed requirements? 4. Are there unintended consequences? Does the potential proposed action create conditions that would be contrary to the potential proposed action’s purpose and objectives? If so, what are the consequences and how should they be addressed? 5. Please comment on NRC’s costs and benefits estimate of the potential proposed action. This information will be used to support additional regulatory analysis by the NRC. V. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published in the Federal Register on June 10, 1998 (63 FR 31883). The NRC requests comment on this document with respect to the clarity and effectiveness of the language used. VI. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the methods, as indicated. ADAMS accession number/ web link/Federal Register citation khammond on DSKJM1Z7X2PROD with PROPOSALS Document Regulatory Basis for Rulemaking to Align Licensing Processes and Lessons Learned from New Reactor Licensing. SECY–15–0002, ‘‘Proposed Updates of Licensing Policies, Rules and Guidance for Future New Reactor Applications,’’ January 8, 2015. SRM–SECY–15–0002, ‘‘Staff Requirements—SECY–15–0002—Proposed Updates of Licensing Policies, Rules and Guidance for Future New Reactor Applications,’’ September 22, 2015. Public Meeting Summary, ‘‘Summary of January 15, 2019, Public Meeting to Discuss the Proposed Rulemaking to Align the Regulations in Parts 50 and 52 to Address Updates to the Licensing Processes and Lessons Learned for Future New Reactor Applications,’’ January 30, 2019. SECY–19–0084, ‘‘Status of Rulemaking to Align Licensing Processes and Lessons Learned from New Reactor Licensing (RIN 3150–AI66),’’ August 27, 2019. Transcript of the Advisory Committee on Reactor Safeguards Regulatory Policies & Practices—Part 50 52 Meeting—September 20, 2019. Summary of November 21, 2019, Category 3 Public Meeting RE: Regulatory Basis: Rulemaking to Align Licensing Processes and Apply Lessons Learned from New Reactor Licensing (NRC–2009–0196). Summary of April 29, 2020, Public Meeting to Discuss the Status of Rulemaking to Align Licensing Processes and Apply Lessons Learned from New Reactor Licensing [NRC–2009–0196; RIN 3150–AI66]. SECY–19–0034, ‘‘Improving Design Certification Content,’’ April 24, 2019 ............................................................ NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,’’ with updates through 2007. Regulatory Guide 4.7, Revision 3, ‘‘General Site Suitability Criteria for Nuclear Power Stations’’ ......................... VerDate Sep<11>2014 16:44 Jan 28, 2021 Jkt 253001 PO 00000 Frm 00003 7515 Fmt 4702 Sfmt 4702 E:\FR\FM\29JAP1.SGM 29JAP1 ML20149K680. ML13277A420 (package). ML15266A023. ML19023A046. ML19161A169 (package). ML19294A009. ML19344C768. ML20141L609. ML19080A032. https://www.nrc.gov/reading-rm/ doc-collections/nuregs/staff/ sr0800/. ML12188A053. 7516 Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Proposed Rules The NRC may post additional materials related to this rulemaking activity to the Federal rulemaking website at www.regulations.gov under Docket ID NRC–2009–0196. These documents will inform the public of the current status of this activity and/or provide additional material for use at future public meetings. The Federal rulemaking website allows you to receive alerts when changes or additions occur in a docket folder. To subscribe: (1) Navigate to the docket folder (NRC–2009–0196); (2) click the ‘‘Sign up for Email Alerts’’ link; and (3) enter your email address and select how frequently you would like to receive emails (daily, weekly, or monthly). Dated: January 19, 2021. For the Nuclear Regulatory Commission. John R. Tappert, Director, Division of Rulemaking, Environmental and Financial Support, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2021–01860 Filed 1–28–21; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 29 [Docket No. FAA–2021–0065; Notice No. 29– 054–SC] Special Conditions: Bell Textron Inc., Model 525 Helicopter; Fly-By-Wire (FBW) Flight Control System (FCS) Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed special conditions. AGENCY: This action proposes special conditions for the Bell Textron Inc. (Bell) Model 525 helicopter. This helicopter will have a novel or unusual design feature associated with a fly-bywire (FBW) flight control system (FCS). The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: Send comments on or before March 15, 2021. ADDRESSES: Send comments identified by Docket No. FAA–2021–0065 using any of the following methods: • Federal eRegulations Portal: Go to https://www.regulations.gov/ and follow khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:44 Jan 28, 2021 Jkt 253001 the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30, U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at 202–493–2251. Privacy: Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments it receives, without change, to https:// www.regulations.gov/, including any personal information the commenter provides. Using the search function of the docket website, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT’s complete Privacy Act Statement can be found in the Federal Register published on April 11, 2000 (65 FR 19477–19478). Confidential Business Information: CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to these proposed special conditions contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to these proposed special conditions, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of these proposed special conditions. Submissions containing CBI should be sent to John VanHoudt, FAA, Dynamic Systems Section, AIR–627, Technical Innovation Policy Branch, Policy and Innovation Division, Aircraft Certification Service, 10101 Hillwood Parkway, Fort Worth, TX 76177–98198; telephone and fax 817–222–5193; email John.G.Van.Houdt@FAA.Gov. Any commentary that the FAA receives which is not specifically designated as PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 CBI will be placed in the public docket for this rulemaking. Docket: Background documents or comments received may be read at https://www.regulations.gov/ at any time. Follow the online instructions for accessing the docket or go to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: John VanHoudt, FAA, Dynamic Systems Section, AIR–627, Technical Innovation Policy Branch, Policy and Innovation Division, Aircraft Certification Service, 10101 Hillwood Parkway, Fort Worth, TX 76177–98198; telephone and fax 817–222–5193; email John.G.Van.Houdt@FAA.Gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2021–0065; Notice No. 29–054– SC’’ at the beginning of your comments. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend these proposed special conditions because of those comments. Background On December 15, 2011, Bell applied for a type certificate for a new 14 CFR part 29 transport category helicopter designated as the Model 525. Bell applied for multiple extensions, with the most recent occurring on November 12, 2020. The date of the updated type certification basis is December 31, 2016, based upon the applicant’s proposed type certificate issuance date of December 31, 2021. The Model 525 is a medium twin-engine rotorcraft. The design maximum takeoff weight is 20,500 pounds, with a maximum capacity of 19 passengers and a crew of 2. The Bell Model 525 helicopter will be equipped with a four axis full authority digital FBW FCS that provides for aircraft control through pilot input and coupled flight director modes. The design of the Bell Model 525 FBW controls, which provides no direct hydro-mechanical linkage between the primary cockpit flight controls or inceptors and the main and tail rotor E:\FR\FM\29JAP1.SGM 29JAP1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Proposed Rules]
[Pages 7513-7516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01860]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / 
Proposed Rules

[[Page 7513]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 2, 21, 26, 50, 51, 52, 55, and 73

[NRC-2009-0196]
RIN 3150-AI66


Alignment of Licensing Processes and Lessons Learned From New 
Reactor Licensing

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory basis; request for comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting 
comments on a regulatory basis to support a proposed rule that would 
amend the NRC's regulations for the licensing of new nuclear power 
reactors. The NRC's goals in amending these regulations would be to 
ensure consistency in new reactor licensing reviews, provide for an 
efficient new reactor licensing process, reduce the need for exemptions 
from existing regulations and license amendment requests, address other 
new reactor licensing issues deemed relevant by the NRC, and support 
the principles of good regulation, specifically openness, clarity, and 
reliability. The NRC plans to hold a public meeting to promote a full 
understanding of the rulemaking, discuss the regulatory basis, and 
facilitate public participation.

DATES: Submit comments by April 14, 2021. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
only able to ensure consideration of 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-2009-0196. Address 
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; 
email: [email protected]. For technical questions contact the 
individuals listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
    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: James G. O'Driscoll, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-1325; email: 
[email protected]; or Allen Fetter, Office of Nuclear Reactor 
Regulation; telephone: 301-415-8556; 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-2009-0196 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-2009-0196.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     Attention: The PDR where you may examine and order copies 
of public documents is currently closed. You may submit your request to 
the PDR via email at [email protected] or call 1-800-397-4209 
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except 
Federal holidays.

B. Submitting Comments

    Please include Docket ID NRC-2009-0196 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 to not 
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. Please note that the 
NRC will not provide formal written responses to each of the comments 
received on the regulatory basis. However, the NRC will consider all 
comments received in the rulemaking process.

II. Discussion

    The NRC is requesting comments on a regulatory basis to support a 
proposed rule that would amend the NRC's regulations for the licensing 
of new nuclear power reactors in parts 50 and 52 of title 10 of the 
Code of Federal Regulations (10 CFR). The NRC's goals in amending these 
regulations would be to ensure consistency in new reactor licensing 
reviews, provide for an efficient new reactor licensing process, reduce 
the need for exemptions from existing regulations and license amendment 
requests, address other new reactor licensing issues deemed relevant by 
the NRC, and support the principles of good regulation, specifically 
openness, clarity, and reliability. These rule changes would apply to 
any power reactor application submitted to the NRC. For example, the 
scope of

[[Page 7514]]

impacted entities includes applicants for designs and facilities 
similar to large light water reactors operating today, new, large light 
water reactors (e.g., similar to the KHNP APR-1400 and Westinghouse 
AP1000), small modular reactors (e.g., similar to NuScale small modular 
reactor), and non-light water reactors (e.g., high temperature gas 
reactor, fast reactors, and molten salt reactors)
    On January 15, 2019, the NRC held a Category 3 public meeting to 
obtain feedback from external stakeholders on the scope of the 
development of the regulatory basis for this proposed rule. 
Representatives of the commercial nuclear power industry presented 18 
suggested changes at the meeting and submitted a list of 20 additional 
suggested changes.
    On September 20, 2019, the NRC met with individual members of the 
Regulatory Policies and Practices Subcommittee of the Advisory 
Committee on Reactor Safeguards (ACRS). The purpose of the meeting was 
to receive the ACRS members' observations on the implementation of the 
10 CFR part 52 process based on their individual perspectives from 
their reviews of early site permit (ESP), design certification (DC), 
and combined license applications.
    On November 21, 2019, and April 29, 2020, the NRC held Category 3 
public meetings with members of the public to provide updates on the 
agency's efforts since the January 15, 2019, public meeting. In these 
meetings, the NRC provided updates on progress including an overview of 
the scope of the regulatory basis. At both meetings, the NRC conducted 
question and answer sessions. Consistent with the NRC's rulemaking 
process, the NRC has prepared a regulatory basis to describe and 
document the results of assessments performed by the NRC in support of 
the proposed rule. This regulatory basis and the meeting summaries, 
including transcripts, are listed in the ``Availability of Documents'' 
section of this document.
    In the regulatory basis, the NRC concludes that there is sufficient 
basis to proceed with rulemaking to address the alignment of regulatory 
requirements associated with 10 CFR parts 50 and 52 and the 
incorporation of lessons learned from new reactor licensing reviews. 
However, through development of its regulatory basis, the NRC has 
determined that some areas within the scope previously discussed could 
be addressed using other regulatory alternatives.
    The Commission has not approved any specific recommendation in the 
regulatory basis at this time, and as such, any conclusions regarding 
the elements of the alignment of licensing processes and lessons 
learned from new reactor licensing process rulemaking are subject to 
change.

III. Specific Requests for Comments

    The NRC is requesting comment on the regulatory basis titled 
``Alignment of Licensing Processes and Lessons Learned from New Reactor 
Licensing.'' As you prepare your comments, consider the following 
general questions:
    1. Is the NRC considering appropriate options for each regulatory 
area described in the regulatory basis?
    2. Are there additional factors that the NRC should consider in 
each regulatory area? What are these factors?
    3. Are there any additional options that the NRC should consider 
during development of the proposed rule?
    4. Is there additional information concerning regulatory impacts 
that the NRC should include in its regulatory analysis for this 
rulemaking?

Specific Regulatory Issues

    In addition to the general questions, the NRC has identified 
additional areas of consideration that could either be included in the 
scope of the alignment of licensing processes and lessons learned from 
new reactor licensing rulemaking or addressed through other actions. 
The NRC may include additional discussion of these issues in the 
proposed rule, and if included, will use any public comments received 
regarding these issues to inform the development of the proposed rule. 
The NRC requests that members of the public answer the following 
specific questions regarding these additional regulatory issues.

Emergency Planning

Significant Impediments to Development of Emergency Plans
    As required by Sec.  52.17(b)(1), the site safety analysis report 
for an ESP application must include an evaluation of the physical 
characteristics of the proposed site, such as egress limitations from 
the area surrounding the site, that could pose a significant impediment 
to the development of emergency plans.
    1. The NRC is considering revising the guidance in Regulatory Guide 
4.7, ``General Site Suitability Criteria for Nuclear Power Stations,'' 
and NUREG-0800, ``Standard Review Plan for the Review of Safety 
Analysis Reports for Nuclear Power Plants: LWR Edition,'' Chapter 13, 
``Conduct of Operations,'' on how to meet the requirements of Sec.  
52.17(b)(1) and the siting criteria in 10 CFR part 100, ``Reactor site 
criteria,'' as it relates to siting and emergency planning for ESP 
reviews. The NRC is seeking comment on the appropriate distance within 
which to perform the analysis to demonstrate compliance with the siting 
criteria for identifying site characteristics that could pose 
significant impediments to the development of emergency plans. Please 
provide a basis for your response.

Part 52 Process

Standard Design Approvals Duration, Manufacturing License Renewal and 
Manufacturing License Expiration Date
    As described in Sec.  52.147, standard design approvals (SDAs) are 
valid for 15 years from the date of issuance and may not be renewed. 
For manufacturing licenses (MLs), Sec.  52.173 specifies that a license 
authorizing manufacture of nuclear power reactors is valid for no more 
than 15 years from the date of issuance. As part of this rulemaking, 
the NRC is considering the removal of the 15-year duration for DCs 
established in Sec.  52.55 and DC renewal requirements in Sec. Sec.  
52.57, 52.59, and 52.61 and 10 CFR part 52 DC appendices. This would 
result in DCs that never expire and, therefore, do not need to be 
renewed every 15 years. The 2007 10 CFR part 52 final rule provided the 
term of an SDA to be for 15 years and the term of an ML to be for no 
less than 5, or no more than 15 years from the date of issuance. The 
Commission established the 15-year maximum term for SDAs and MLs to be 
consistent with the maximum term for a standard design certification. 
The 5-year minimum term was established by the Commission to encourage 
the use of an ML for the manufacture of more than one nuclear power 
reactor.
    2. If the NRC eliminates the renewal requirements for DCs, should 
the NRC consider eliminating or changing duration requirements for MLs?
    3. If the NRC eliminates the renewal requirements for DCs, should 
the NRC consider eliminating or changing the duration requirements for 
SDAs?

Expired Design Certifications in 10 CFR Part 52

    As part of the proposed rule, the NRC is considering the removal of 
the 15-year duration for DCs established in Sec.  52.55 and DC renewal 
requirements in Sec. Sec.  52.57, 52.59, and 52.61 and 10 CFR part 52 
DC appendices. This would result in DCs that never expire and, 
therefore, do not need to be renewed every 15 years. However, there are 
presently two DCs contained in the appendices to 10 CFR part 52 (AP600

[[Page 7515]]

and System 80+) that have already expired.
    4. Should the NRC remove expired DC rules from the appendices to 10 
CFR part 52 in the proposed rule?

Relationship to Advanced Reactors

    The current regulations in 10 CFR parts 50 and 52 were largely 
written during a period when the NRC was licensing light-water-
reactors. Today, significant stakeholder interest exists in licensing 
new advanced non-light-water reactor designs. As such, in the proposed 
rule and in subsequent rulemakings addressing new licensing regulations 
for advanced reactors, the NRC wants to ensure that it considers 
stakeholder feedback on how regulatory changes would impact potential 
non-light-water reactor applicants.
    For example, the NRC recommends revising Sec.  50.34(f) so that the 
TMI requirements in Sec.  50.34(f) apply to new power reactor 
applications submitted under 10 CFR part 50, with the same exceptions 
given for 10 CFR part 52 applicants. Section 50.34(f) requires 10 CFR 
part 52 applicants to provide information necessary to demonstrate 
compliance with any ``technically relevant'' positions of the 
requirements in Sec.  50.34(f)(1) through (3) with the exception of 
Sec.  50.34(f)(1)(xii), (f)(2)(ix), and (f)(3)(v). The NRC is still 
considering whether and how these regulations would apply to non-light 
water reactors.
    5. Please provide feedback on impacts of the TMI requirements on 
non-LWR applicants the NRC should consider in the scope of the proposed 
rule. Please provide the basis for your answer.

IV. Cumulative Effects of Regulation

    The cumulative effects of regulation (CER) describes the challenges 
that licensees or other impacted entities (such as State agency 
partners) may face while implementing new regulatory positions, 
programs, and requirements (e.g., rules, generic letters, backfits, 
inspections). The CER is an organizational effectiveness challenge that 
results from a licensee or impacted entity implementing a number of 
complex positions, programs, or requirements within a limited 
implementation period and with available resources (which may include 
limited available expertise to address a specific issue). The NRC has 
implemented CER enhancements to the rulemaking process to facilitate 
public involvement throughout the rulemaking process. Therefore, the 
NRC is specifically requesting comment on the cumulative effects that 
may result from this proposed rulemaking. In developing comments on the 
regulatory basis, consider the following questions:
    1. In light of any current or projected CER challenges, what should 
be a reasonable effective date, compliance date, or submittal date(s) 
from the time the final rule is published to the actual implementation 
of any new proposed requirements, including changes to programs, 
procedures, or the facility?
    2. If CER challenges currently exist or are expected, what should 
be done to address them? For example, if more time is required for 
implementation of the new requirements, what period of time is 
sufficient?
    3. Do other regulatory actions (e.g., orders, generic 
communications, license amendment requests, and inspection findings of 
a generic nature) by the NRC or other agencies influence the 
implementation of the potential proposed requirements?
    4. Are there unintended consequences? Does the potential proposed 
action create conditions that would be contrary to the potential 
proposed action's purpose and objectives? If so, what are the 
consequences and how should they be addressed?
    5. Please comment on NRC's costs and benefits estimate of the 
potential proposed action. This information will be used to support 
additional regulatory analysis by the NRC.

V. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, well-organized manner. 
The NRC has written this document to be consistent with the Plain 
Writing Act as well as the Presidential Memorandum, ``Plain Language in 
Government Writing,'' published in the Federal Register on June 10, 
1998 (63 FR 31883). The NRC requests comment on this document with 
respect to the clarity and effectiveness of the language used.

VI. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the methods, as indicated.

------------------------------------------------------------------------
                                                ADAMS accession number/
                   Document                    web link/Federal Register
                                                        citation
------------------------------------------------------------------------
Regulatory Basis for Rulemaking to Align       ML20149K680.
 Licensing Processes and Lessons Learned from
 New Reactor Licensing.
SECY-15-0002, ``Proposed Updates of Licensing  ML13277A420 (package).
 Policies, Rules and Guidance for Future New
 Reactor Applications,'' January 8, 2015.
SRM-SECY-15-0002, ``Staff Requirements--SECY-  ML15266A023.
 15-0002--Proposed Updates of Licensing
 Policies, Rules and Guidance for Future New
 Reactor Applications,'' September 22, 2015.
Public Meeting Summary, ``Summary of January   ML19023A046.
 15, 2019, Public Meeting to Discuss the
 Proposed Rulemaking to Align the Regulations
 in Parts 50 and 52 to Address Updates to the
 Licensing Processes and Lessons Learned for
 Future New Reactor Applications,'' January
 30, 2019.
SECY-19-0084, ``Status of Rulemaking to Align  ML19161A169 (package).
 Licensing Processes and Lessons Learned from
 New Reactor Licensing (RIN 3150-AI66),''
 August 27, 2019.
Transcript of the Advisory Committee on        ML19294A009.
 Reactor Safeguards Regulatory Policies &
 Practices--Part 50 52 Meeting--September 20,
 2019.
Summary of November 21, 2019, Category 3       ML19344C768.
 Public Meeting RE: Regulatory Basis:
 Rulemaking to Align Licensing Processes and
 Apply Lessons Learned from New Reactor
 Licensing (NRC-2009-0196).
Summary of April 29, 2020, Public Meeting to   ML20141L609.
 Discuss the Status of Rulemaking to Align
 Licensing Processes and Apply Lessons
 Learned from New Reactor Licensing [NRC-2009-
 0196; RIN 3150-AI66].
SECY-19-0034, ``Improving Design               ML19080A032.
 Certification Content,'' April 24, 2019.
NUREG-0800, ``Standard Review Plan for the     https://www.nrc.gov/
 Review of Safety Analysis Reports for          reading-rm/doc-
 Nuclear Power Plants: LWR Edition,'' with      collections/nuregs/staff/
 updates through 2007.                          sr0800/.
Regulatory Guide 4.7, Revision 3, ``General    ML12188A053.
 Site Suitability Criteria for Nuclear Power
 Stations''.
------------------------------------------------------------------------


[[Page 7516]]

    The NRC may post additional materials related to this rulemaking 
activity to the Federal rulemaking website at www.regulations.gov under 
Docket ID NRC-2009-0196. These documents will inform the public of the 
current status of this activity and/or provide additional material for 
use at future public meetings.
    The Federal rulemaking website allows you to receive alerts when 
changes or additions occur in a docket folder. To subscribe: (1) 
Navigate to the docket folder (NRC-2009-0196); (2) click the ``Sign up 
for Email Alerts'' link; and (3) enter your email address and select 
how frequently you would like to receive emails (daily, weekly, or 
monthly).

    Dated: January 19, 2021.

    For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Rulemaking, Environmental and Financial Support, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2021-01860 Filed 1-28-21; 8:45 am]
BILLING CODE 7590-01-P

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