Interim Staff Guidance: Advanced Reactor Content of Application Project Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste, 23058-23060 [2024-07025]

Download as PDF 23058 Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices authorized to develop and enforce relevant environmental standards; d. Any affected Indian Tribe; e. Any person who requests or has requested an opportunity to participate in the scoping process; and f. Any person who has petitioned or intends to petition for leave to intervene under 10 CFR 2.309. lotter on DSK11XQN23PROD with NOTICES1 IV. Public Scoping Meeting In accordance with 10 CFR 51.26(b), the scoping process for an EIS may include a public scoping meeting to help identify significant issues related to the proposed action and to determine the scope of issues to be addressed in the EIS. The NRC is announcing that it will hold two virtual public scoping meetings for the Browns Ferry SLR sitespecific EIS. A court reporter will transcribe all comments received during the public scoping meeting. To be considered, comments must be provided either at a transcribed public meeting or in writing, as discussed in the ADDRESSES section of this notice. The NRC will hold two virtual public scoping meetings on April 11, 2024, at 1 p.m. ET and on April 18, 2024, at 6 p.m. ET. Persons interested in attending this meeting should monitor the NRC’s Public Meeting Schedule website at https://www.nrc.gov/pmns/mtg for additional information and the agenda for the meeting. Please contact Ms. Jessica Umana no later than April 6, 2024, for the meeting on April 11, 2024, and April 13, 2024, for the meeting on April 18, 2024, if accommodations or special equipment is needed to attend or to provide comments, so that the NRC staff can determine whether the request can be accommodated. The public scoping meeting will include: (1) an overview by the NRC staff of the environmental and safety review processes, the proposed scope of the site-specific EIS, and the proposed review schedule; and (2) the opportunity for interested government agencies, organizations, and individuals to submit comments or suggestions on environmental issues or the proposed scope of the Browns Ferry SLR sitespecific EIS. Participation in the scoping process for the Browns Ferry SLR site-specific EIS does not entitle participants to become parties to the proceeding to which the site-specific EIS relates. Matters related to participation in any hearing are outside the scope of matters to be discussed at this public meeting. Dated: March 28, 2024. VerDate Sep<11>2014 18:18 Apr 02, 2024 Jkt 262001 For the Nuclear Regulatory Commission. Ashley N. Waldron, Acting Chief, Environmental Project Management Branch 1, Division of Rulemaking, Environment, and Financial Support, Office of Nuclear Material Safety, and Safeguards. [FR Doc. 2024–06990 Filed 4–2–24; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–269–SLR–2; 50–270–SLR– 2; 50–287–SLR–2] In the Matter of Duke Energy Carolinas, LLC, (Oconee Nuclear Station Units 1, 2, and 3); Order On February 13, 2024, the Nuclear Regulatory Commission issued a notice in the Federal Register providing an opportunity to request a hearing and petition for leave to intervene with respect to the Draft Supplemental Environmental Impact Statement for Duke Energy Carolinas, LLC’s subsequent license renewal application for Oconee Nuclear Station, Units 1, 2, and 3.1 The Federal Register notice set a deadline of April 15, 2024, for filing a hearing request. Subsequently, on March 18, 2024, Beyond Nuclear and Sierra Club (together, Petitioners) filed a motion to extend by two weeks, until April 29, 2024, the deadline for Petitioners to request a hearing in this proceeding.2 The Petitioners represent that the applicant has agreed not to oppose this extension request provided that its deadline to respond to such a hearing request is also extended by seven days, to May 31, 2024.3 In addition, the Petitioners state in the motion that the NRC Staff has not taken a position on the extension request.4 As good cause for the requested extension, the Petitioners cite conflicting litigation obligations, a personal commitment, and that they ‘‘reasonably anticipated’’ that the Commission would withdraw the hearing request in light of the circumstances in two other subsequent license renewal proceedings.5 Under 1 Duke Energy Carolinas, LLC; Oconee Nuclear Station, Units 1, 2, and 3; Draft Supplemental Environmental Impact Statement, 89 FR10,107 (Feb. 13, 2024) (Hearing Notice). 2 Motion by Beyond Nuclear and Sierra Club for Extension of Time to Submit Hearing Request (Mar. 18, 2024) (ADAMS Accession no. ML24078A146). 3 Id. at 1. 4 Id. at 2. 5 Id. at 1–2. The Petitioners cite subsequent license renewal proceedings for North Anna Power Station, Units 1 and 2, and Turkey Point Nuclear Generating, Units 3 and 4, the draft supplemental PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 Commission precedent litigation burden is not good cause for an extension.6 Nevertheless, in this instance, the participants have consulted, the Petitioners and the applicant have reached agreement, and the motion is unopposed. Therefore, pursuant to my authority under 10CFR 2.346(b), I extend the deadline for all persons to file a hearing request in this proceeding until April 29, 2024. The deadline for answers to timely hearing requests shall be May 31, 2024, and the deadline for any replies shall be June 7, 2024. Petitions to intervene and requests for hearing shall be filed consistent with the instructions set out in the Electronic Submissions (E-Filing) section of the Hearing Notice. It is so ordered. For the Commission. Dated at Rockville, Maryland, This 28th of March 2024. Carrie Safford, Secretary of the Commission. [FR Doc. 2024–06983 Filed 4–2–24; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2022–0076] Interim Staff Guidance: Advanced Reactor Content of Application Project Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste Nuclear Regulatory Commission. ACTION: Final guidance; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing Interim Staff Guidance (ISG) DANU–ISG–2022– 03, Chapter 9, ‘‘Control of Routine Plant SUMMARY: environmental impact statements of which were similarly noticed for hearing opportunities in accordance with Commission direction. CLI–22–3, 95 NRC 40, 42 (2022). In the Turkey Point proceeding, the Atomic Safety and Licensing Board certified a question to the Commission concerning language in CLI–22–3, specifically, whether the Staff should have waited to issue the notice of opportunity for hearing until the completion of the final supplemental environmental impact statement. Florida Power & Light Co. (Turkey Point Nuclear Generating Units 3 and 4), LBP–24–1, 99 NRC __, __(Jan. 31, 2024) (slip op. at 4). The Commission recently issued an order in which it accepted the Board’s certification and found the Staff’s interpretation of CLI–22–3 with respect to the timing of the hearing notice acceptable. Florida Power & Light Co. (Turkey Point Nuclear Generating Units 3 and 4), CLI–24–1, 99 NRC __, __(Mar. 7, 2024) (slip op. at 6). 6 See Consolidated Edison Co. of New York (Indian Point, Units 1 and 2), CLI–01–8, 53 NRC 225, 229–30 (2001) (quoting Niagara Mohawk Power Corp. (Nine Mile Point, Units 1 & 2), 50 NRC 333, 343 (1999)). E:\FR\FM\03APN1.SGM 03APN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices Radioactive Effluents, Plant Contamination and Solid Waste.’’ The purpose of this ISG is to provide guidance for prospective applicants in preparing applications for non-light water reactor (non-LWR) designs that use the Licensing Modernization Project (LMP) process and to assist the NRC staff in determining whether such applications meet the minimum requirements for construction permits, operating licenses, combined licenses, manufacturing licenses, standard design approval, or design certifications. DATES: This guidance is effective on April 3, 2024. ADDRESSES: Please refer to Docket ID NRC–2022–0076 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods: • Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2022–0076. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301–415–0624; email: Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, at 301–415–4737, or by email to PDR.Resource@nrc.gov. The ISG, DANU–ISG–2022–03, Chapter 9, ‘‘Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste,’’ is available in ADAMS under Accession No. ML23277A141. • NRC’s PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: James O’Driscoll, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, VerDate Sep<11>2014 18:18 Apr 02, 2024 Jkt 262001 DC 20555–0001, telephone: 301–415– 1325; email: James.O’Driscoll@nrc.gov. SUPPLEMENTARY INFORMATION: I. Background The NRC staff anticipates the submission of advanced power-reactor applications within the next few years based on preapplication engagement initiated by several prospective applicants. Because many of these designs are non-LWRs, the NRC developed technology-inclusive, riskinformed, performance-based guidance to support the development and review of these non-LWR applications. The guidance will facilitate the development and review of non-LWR applications for construction permits or operating licenses under part 50 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Domestic Licensing of Production and Utilization Facilities,’’ or combined licenses, manufacturing licenses, standard design approval, or design certifications under 10 CFR part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants.’’ The NRC staff notes it is developing a rule to amend 10 CFR parts 50 and 52 to align reactor licensing processes and incorporate lessons learned from new reactor licensing into the regulations (RIN 3150-Al66). This ISG may need to be updated to conform to changes to 10 CFR parts 50 and 52, if any, adopted through that rulemaking. Further, as of the date of this final ISG, the NRC staff is developing an optional performancebased, technology-inclusive regulatory framework for licensing nuclear power plants designated as 10 CFR part 53 (RIN 3150–AK31). The NRC intends to revise this guidance as a part of the ongoing rulemaking for 10 CFR part 53. To standardize the development of content of a non-LWR application, the NRC staff focused on two activities: the Advanced Reactor Content of Application Project (ARCAP) and the Technology-Inclusive Content of Application Project (TICAP). The ARCAP is an NRC-led activity that is intended to result in guidance for a complete non-LWR application for review under 10 CFR part 50 or 10 CFR part 52, and which the NRC staff would update, as appropriate, pending the issuance of the 10 CFR part 50 and 10 CFR part 52 rulemaking as previously mentioned in this notice, or if the Commission issues a final 10 CFR part 53 rule. As a result, the ARCAP is broad and encompasses several industry-led and NRC-led guidance document PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 23059 development activities aimed at facilitating a consistent approach to the development of application documents. The TICAP is an industry-led activity that is focused on providing guidance on the appropriate scope and depth of information related to the specific portions of the safety analysis report that describe the fundamental safety functions of the design and document the safety analysis of the facility using the LMP-based approach. The LMPbased approach is described in Regulatory Guide (RG) 1.233, ‘‘Guidance for a Technology-Inclusive, RiskInformed, and Performance-Based Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light-Water Reactors,’’ (ADAMS Accession No. ML20091L698). The ARCAP ISG titled ‘‘Review of Risk-Informed, Technology-Inclusive Advanced Reactor Applications— Roadmap’’ (ARCAP Roadmap ISG) was developed to provide a general overview of the information that should be included in a non-LWR application. The ARCAP Roadmap ISG also provides a review roadmap for the NRC staff with the principal purpose of ensuring consistency, quality, and uniformity of NRC staff reviews. The ARCAP Roadmap ISG includes references to eight other ARCAP ISGs and a TICAP RG that are the subject of separate Federal Register notices (FRNs) notifying the public of the issuance of these guidance documents. Information regarding the eight other ARCAP ISGs and the TICAP RG can be found in the table at the end of the ‘‘Discussion’’ section. II. Discussion The ARCAP ISG titled, Chapter 9, ‘‘Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste,’’ that is the subject of this FRN, was developed because the current application and review guidance related to control of routine plant radioactive effluents, plant contamination, and solid waste is directly applicable only to light water reactors and may not fully (or efficiently) identify the information to be included in a technologyinclusive, risk-informed, and performance-based application or provide a review approach for such an application. The table in this notice provides the document description, ADAMS accession number, and, if appropriate, the docket identification number. E:\FR\FM\03APN1.SGM 03APN1 23060 Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices Document description Interim Staff Guidance DANU–ISG–2022–01, ‘‘Advanced Reactor Content of Application Project, ‘Review of Risk-Informed, Technology-Inclusive Advanced Reactor Applications—Roadmap’ ’’ ..................................... Interim Staff Guidance DANU–ISG–2022–02, ‘‘Advanced Reactor Content of Application Project Chapter 2, ‘Site Information’ ’’ ............................................................................................................................................ Interim Staff Guidance DANU–ISG–2022–03, ‘‘Advanced Reactor Content of Application Project Chapter 9, ‘Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste’ ’’ ............................. Interim Staff Guidance DANU–ISG–2022–04, ‘‘Advanced Reactor Content of Application Project Chapter 10, ‘Control of Occupational Dose’ ’’ ...................................................................................................................... Interim Staff Guidance DANU–ISG–2022–05, ‘‘Advanced Reactor Content of Application Project Chapter 11, ‘Organization and Human-System Considerations’ ’’ ....................................................................................... Interim Staff Guidance DANU–ISG–2022–06, ‘‘Advanced Reactor Content of Application Project Chapter 12, ‘Post-manufacturing and construction Inspection, Testing, and Analysis Program’ ’’ ..................................... Interim Staff Guidance DANU–ISG–2022–07, ‘‘Advanced Reactor Content of Application Project, ‘Risk-Informed Inservice Inspection/Inservice Testing Programs for Non-LWRs’ ’’ ..................................................... Interim Staff Guidance DANU–ISG–2022–08, ‘‘Advanced Reactor Content of Application Project, ‘Risk-Informed Technical Specifications’ ’’ ................................................................................................................... Interim Staff Guidance DANU–ISG–2022–09, ‘‘Advanced Reactor Content of Application Project, ‘Risk-Informed Performance-Based Fire Protection Program (for Operations)’ ’’ ........................................................ RG 1.253, Revision 0, ‘‘Guidance for a Technology-Inclusive Content-of-Application Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-LightWater Reactors’’ ............................................................................................................................................... Regulatory Analysis for ARCAP ISGs ................................................................................................................. Review of Advanced Reactor Content of Application Project/Technology-Inclusive Content of Application Project Guidance .............................................................................................................................................. Response to the Advisory Committee on Reactor Safeguards Letter, ‘‘Review of Advanced Reactor Content of Application Project/Technology-Inclusive Content of Application Project Guidance’’ ................................. lotter on DSK11XQN23PROD with NOTICES1 III. Additional Information During the 711th meeting of the Advisory Committee on Reactor Safeguards (ACRS), December 6–7, 2023, the ACRS, the NRC staff, and representatives of other stakeholders discussed guidance documents related to the ARCAP and the TICAP. On December 20, 2023, the ACRS issued a report documenting its review of these guidance documents (ADAMS Accession No. ML23348A182). The conclusions and recommendations in the ACRS report apply to all the ARCAP and TICAP guidance documents. In its December 2023 report, the ACRS did not recommend any specific changes to DANU–ISG–2022–03. Draft DANU–ISG–2022–03, Chapter 9, ‘‘Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste,’’ was published in the Federal Register for public comment on May 25, 2023, (88 FR 33930) with a 45day comment period. Subsequently, the comment period was extended by 30 days as noted in the Federal Register dated June 28, 2023 (88 FR 41986). The NRC staff received thirteen public comments from stakeholders. The NRC staff’s evaluation and resolution of the public comments can be found in a document located in ADAMS under Accession No. ML23277A150. IV. Congressional Review Act DANU–ISG–2022–03, Chapter 9, ‘‘Control of Routine Plant Radioactive Effluents, Plant Contamination and VerDate Sep<11>2014 18:18 Apr 02, 2024 Jkt 262001 Solid Waste,’’ is a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. V. Backfitting, Forward Fitting, and Issue Finality DANU–ISG–2022–03 does not constitute backfitting as defined in 10 CFR 50.109, ‘‘Backfitting,’’ and as described in Management Directive (MD) 8.4, ‘‘Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests’’; does not constitute forward fitting as that term is defined and described in MD 8.4; and does not affect the issue finality of any approval issued under 10 CFR part 52. The guidance would not apply to any current licensees or applicants or existing or requested approvals under 10 CFR part 52, and therefore its issuance cannot be a backfit or forward fit or affect issue finality. Further, as explained in DANU–ISG–2022–03, applicants and licensees would not be required to comply with the positions set forth in DANU–ISG–2022–03. Dated: March 28, 2024. For the Nuclear Regulatory Commission. Steven T. Lynch, Chief, Advanced Reactor Policy Branch, Division of Advanced Reactors and NonPower Production and Utilization Facilities, Office of Nuclear Reactor Regulation. [FR Doc. 2024–07025 Filed 4–2–24; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 ADAMS accession No. Regulations.gov docket ID No. ML23277A139 NRC–2022–0074 ML23277A140 NRC–2022–0075 ML23277A141 NRC–2022–0076 ML23277A142 NRC–2022–0077 ML23277A143 NRC–2022–0078 ML23277A144 NRC–2022–0079 ML23277A145 NRC–2022–0080 ML23277A146 NRC–2022–0081 ML23277A147 NRC–2022–0082 ML23269A222 ML23093A099 NRC–2022–0073 NRC–2022–0074 ML23348A182 NRC–2022–0074 ML24024A025 NRC–2022–0074 NUCLEAR REGULATORY COMMISSION [NRC–2022–0079] Interim Staff Guidance: Advanced Reactor Content of Application Project Chapter 12, Post-Manufacturing and Construction Inspection, Testing, and Analysis Program Nuclear Regulatory Commission. ACTION: Final guidance; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing Interim Staff Guidance (ISG) DANU–ISG–2022– 06, Chapter 12, ‘‘Post-manufacturing and construction Inspection, Testing, and Analysis Program.’’ The purpose of this ISG is to provide guidance for prospective applicants in preparing applications for non-light water reactor (non-LWR) designs that use the Licensing Modernization Project (LMP) process and to assist the NRC staff in determining whether such applications meet the minimum requirements for construction permits, operating licenses, combined licenses, manufacturing licenses, standard design approval, or design certifications. DATES: This guidance is effective on April 3, 2024. ADDRESSES: Please refer to Docket ID NRC–2022–0079 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available SUMMARY: E:\FR\FM\03APN1.SGM 03APN1

Agencies

[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 23058-23060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07025]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2022-0076]


Interim Staff Guidance: Advanced Reactor Content of Application 
Project Chapter 9, Control of Routine Plant Radioactive Effluents, 
Plant Contamination and Solid Waste

AGENCY: Nuclear Regulatory Commission.

ACTION: Final guidance; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Interim Staff Guidance (ISG) DANU-ISG-2022-03, Chapter 9, ``Control of 
Routine Plant

[[Page 23059]]

Radioactive Effluents, Plant Contamination and Solid Waste.'' The 
purpose of this ISG is to provide guidance for prospective applicants 
in preparing applications for non-light water reactor (non-LWR) designs 
that use the Licensing Modernization Project (LMP) process and to 
assist the NRC staff in determining whether such applications meet the 
minimum requirements for construction permits, operating licenses, 
combined licenses, manufacturing licenses, standard design approval, or 
design certifications.

DATES: This guidance is effective on April 3, 2024.

ADDRESSES: Please refer to Docket ID NRC-2022-0076 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0076. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to [email protected]. The ISG, DANU-ISG-2022-03, Chapter 
9, ``Control of Routine Plant Radioactive Effluents, Plant 
Contamination and Solid Waste,'' is available in ADAMS under Accession 
No. ML23277A141.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: James O'Driscoll, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-1325; email: James.O'[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The NRC staff anticipates the submission of advanced power-reactor 
applications within the next few years based on preapplication 
engagement initiated by several prospective applicants. Because many of 
these designs are non-LWRs, the NRC developed technology-inclusive, 
risk-informed, performance-based guidance to support the development 
and review of these non-LWR applications. The guidance will facilitate 
the development and review of non-LWR applications for construction 
permits or operating licenses under part 50 of title 10 of the Code of 
Federal Regulations (10 CFR), ``Domestic Licensing of Production and 
Utilization Facilities,'' or combined licenses, manufacturing licenses, 
standard design approval, or design certifications under 10 CFR part 
52, ``Licenses, Certifications, and Approvals for Nuclear Power 
Plants.'' The NRC staff notes it is developing a rule to amend 10 CFR 
parts 50 and 52 to align reactor licensing processes and incorporate 
lessons learned from new reactor licensing into the regulations (RIN 
3150-Al66). This ISG may need to be updated to conform to changes to 10 
CFR parts 50 and 52, if any, adopted through that rulemaking. Further, 
as of the date of this final ISG, the NRC staff is developing an 
optional performance-based, technology-inclusive regulatory framework 
for licensing nuclear power plants designated as 10 CFR part 53 (RIN 
3150-AK31). The NRC intends to revise this guidance as a part of the 
ongoing rulemaking for 10 CFR part 53.
    To standardize the development of content of a non-LWR application, 
the NRC staff focused on two activities: the Advanced Reactor Content 
of Application Project (ARCAP) and the Technology-Inclusive Content of 
Application Project (TICAP). The ARCAP is an NRC-led activity that is 
intended to result in guidance for a complete non-LWR application for 
review under 10 CFR part 50 or 10 CFR part 52, and which the NRC staff 
would update, as appropriate, pending the issuance of the 10 CFR part 
50 and 10 CFR part 52 rulemaking as previously mentioned in this 
notice, or if the Commission issues a final 10 CFR part 53 rule. As a 
result, the ARCAP is broad and encompasses several industry-led and 
NRC-led guidance document development activities aimed at facilitating 
a consistent approach to the development of application documents.
    The TICAP is an industry-led activity that is focused on providing 
guidance on the appropriate scope and depth of information related to 
the specific portions of the safety analysis report that describe the 
fundamental safety functions of the design and document the safety 
analysis of the facility using the LMP-based approach. The LMP-based 
approach is described in Regulatory Guide (RG) 1.233, ``Guidance for a 
Technology-Inclusive, Risk-Informed, and Performance-Based Methodology 
to Inform the Licensing Basis and Content of Applications for Licenses, 
Certifications, and Approvals for Non-Light-Water Reactors,'' (ADAMS 
Accession No. ML20091L698).
    The ARCAP ISG titled ``Review of Risk-Informed, Technology-
Inclusive Advanced Reactor Applications--Roadmap'' (ARCAP Roadmap ISG) 
was developed to provide a general overview of the information that 
should be included in a non-LWR application. The ARCAP Roadmap ISG also 
provides a review roadmap for the NRC staff with the principal purpose 
of ensuring consistency, quality, and uniformity of NRC staff reviews. 
The ARCAP Roadmap ISG includes references to eight other ARCAP ISGs and 
a TICAP RG that are the subject of separate Federal Register notices 
(FRNs) notifying the public of the issuance of these guidance 
documents. Information regarding the eight other ARCAP ISGs and the 
TICAP RG can be found in the table at the end of the ``Discussion'' 
section.

II. Discussion

    The ARCAP ISG titled, Chapter 9, ``Control of Routine Plant 
Radioactive Effluents, Plant Contamination and Solid Waste,'' that is 
the subject of this FRN, was developed because the current application 
and review guidance related to control of routine plant radioactive 
effluents, plant contamination, and solid waste is directly applicable 
only to light water reactors and may not fully (or efficiently) 
identify the information to be included in a technology-inclusive, 
risk-informed, and performance-based application or provide a review 
approach for such an application.
    The table in this notice provides the document description, ADAMS 
accession number, and, if appropriate, the docket identification 
number.

[[Page 23060]]



------------------------------------------------------------------------
                                             ADAMS       Regulations.gov
         Document description            accession No.    docket ID No.
------------------------------------------------------------------------
Interim Staff Guidance DANU-ISG-2022-      ML23277A139     NRC-2022-0074
 01, ``Advanced Reactor Content of
 Application Project, `Review of Risk-
 Informed, Technology-Inclusive
 Advanced Reactor Applications--
 Roadmap' ''..........................
Interim Staff Guidance DANU-ISG-2022-      ML23277A140     NRC-2022-0075
 02, ``Advanced Reactor Content of
 Application Project Chapter 2, `Site
 Information' ''......................
Interim Staff Guidance DANU-ISG-2022-      ML23277A141     NRC-2022-0076
 03, ``Advanced Reactor Content of
 Application Project Chapter 9,
 `Control of Routine Plant Radioactive
 Effluents, Plant Contamination and
 Solid Waste' ''......................
Interim Staff Guidance DANU-ISG-2022-      ML23277A142     NRC-2022-0077
 04, ``Advanced Reactor Content of
 Application Project Chapter 10,
 `Control of Occupational Dose' ''....
Interim Staff Guidance DANU-ISG-2022-      ML23277A143     NRC-2022-0078
 05, ``Advanced Reactor Content of
 Application Project Chapter 11,
 `Organization and Human-System
 Considerations' ''...................
Interim Staff Guidance DANU-ISG-2022-      ML23277A144     NRC-2022-0079
 06, ``Advanced Reactor Content of
 Application Project Chapter 12, `Post-
 manufacturing and construction
 Inspection, Testing, and Analysis
 Program' ''..........................
Interim Staff Guidance DANU-ISG-2022-      ML23277A145     NRC-2022-0080
 07, ``Advanced Reactor Content of
 Application Project, `Risk-Informed
 Inservice Inspection/Inservice
 Testing Programs for Non-LWRs' ''....
Interim Staff Guidance DANU-ISG-2022-      ML23277A146     NRC-2022-0081
 08, ``Advanced Reactor Content of
 Application Project, `Risk-Informed
 Technical Specifications' ''.........
Interim Staff Guidance DANU-ISG-2022-      ML23277A147     NRC-2022-0082
 09, ``Advanced Reactor Content of
 Application Project, `Risk-Informed
 Performance-Based Fire Protection
 Program (for Operations)' ''.........
RG 1.253, Revision 0, ``Guidance for a     ML23269A222     NRC-2022-0073
 Technology-Inclusive Content-of-
 Application Methodology to Inform the
 Licensing Basis and Content of
 Applications for Licenses,
 Certifications, and Approvals for Non-
 Light-Water Reactors''...............
Regulatory Analysis for ARCAP ISGs....     ML23093A099     NRC-2022-0074
Review of Advanced Reactor Content of      ML23348A182     NRC-2022-0074
 Application Project/Technology-
 Inclusive Content of Application
 Project Guidance.....................
Response to the Advisory Committee on      ML24024A025     NRC-2022-0074
 Reactor Safeguards Letter, ``Review
 of Advanced Reactor Content of
 Application Project/Technology-
 Inclusive Content of Application
 Project Guidance''...................
------------------------------------------------------------------------

III. Additional Information

    During the 711th meeting of the Advisory Committee on Reactor 
Safeguards (ACRS), December 6-7, 2023, the ACRS, the NRC staff, and 
representatives of other stakeholders discussed guidance documents 
related to the ARCAP and the TICAP. On December 20, 2023, the ACRS 
issued a report documenting its review of these guidance documents 
(ADAMS Accession No. ML23348A182). The conclusions and recommendations 
in the ACRS report apply to all the ARCAP and TICAP guidance documents. 
In its December 2023 report, the ACRS did not recommend any specific 
changes to DANU-ISG-2022-03.
    Draft DANU-ISG-2022-03, Chapter 9, ``Control of Routine Plant 
Radioactive Effluents, Plant Contamination and Solid Waste,'' was 
published in the Federal Register for public comment on May 25, 2023, 
(88 FR 33930) with a 45-day comment period. Subsequently, the comment 
period was extended by 30 days as noted in the Federal Register dated 
June 28, 2023 (88 FR 41986). The NRC staff received thirteen public 
comments from stakeholders. The NRC staff's evaluation and resolution 
of the public comments can be found in a document located in ADAMS 
under Accession No. ML23277A150.

IV. Congressional Review Act

    DANU-ISG-2022-03, Chapter 9, ``Control of Routine Plant Radioactive 
Effluents, Plant Contamination and Solid Waste,'' is a rule as defined 
in the Congressional Review Act (5 U.S.C. 801-808). However, the Office 
of Management and Budget has not found it to be a major rule as defined 
in the Congressional Review Act.

V. Backfitting, Forward Fitting, and Issue Finality

    DANU-ISG-2022-03 does not constitute backfitting as defined in 10 
CFR 50.109, ``Backfitting,'' and as described in Management Directive 
(MD) 8.4, ``Management of Backfitting, Forward Fitting, Issue Finality, 
and Information Requests''; does not constitute forward fitting as that 
term is defined and described in MD 8.4; and does not affect the issue 
finality of any approval issued under 10 CFR part 52. The guidance 
would not apply to any current licensees or applicants or existing or 
requested approvals under 10 CFR part 52, and therefore its issuance 
cannot be a backfit or forward fit or affect issue finality. Further, 
as explained in DANU-ISG-2022-03, applicants and licensees would not be 
required to comply with the positions set forth in DANU-ISG-2022-03.

    Dated: March 28, 2024.

    For the Nuclear Regulatory Commission.
Steven T. Lynch,
Chief, Advanced Reactor Policy Branch, Division of Advanced Reactors 
and Non-Power Production and Utilization Facilities, Office of Nuclear 
Reactor Regulation.
[FR Doc. 2024-07025 Filed 4-2-24; 8:45 am]
BILLING CODE 7590-01-P
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