Interim Staff Guidance: Advanced Reactor Content of Application Project Chapter 12, Post-Manufacturing and Construction Inspection, Testing, and Analysis Program, 23060-23062 [2024-07028]
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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
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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]
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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
Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices
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–2022–0079. 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–2022–06, Chapter 12, ‘‘Postmanufacturing and construction
Inspection, Testing, and Analysis
Program,’’ is available in ADAMS under
Accession No. ML23277A144.
• 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,
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 staff
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,
‘‘Licensing and Regulation of Advanced
Nuclear Reactors,’’ (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 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 12,
‘‘Post-manufacturing and construction
Inspection, Testing, and Analysis
Program [PITAP],’’ that is the subject of
this FRN, was developed because the
current application and review guidance
related to PITAP 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.
lotter on DSK11XQN23PROD with NOTICES1
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’ ’’ .............................
VerDate Sep<11>2014
18:18 Apr 02, 2024
Jkt 262001
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
23061
E:\FR\FM\03APN1.SGM
ADAMS
accession No.
Regulations.gov
docket ID No.
ML23277A139
NRC–2022–0074
ML23277A140
NRC–2022–0075
ML23277A141
NRC–2022–0076
03APN1
23062
Federal Register / Vol. 89, No. 65 / Wednesday, April 3, 2024 / Notices
Document description
lotter on DSK11XQN23PROD with NOTICES1
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’’ .................................
III. Additional Information
IV. Congressional Review Act
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
recommended changes to DANU–ISG–
2022–06. As set forth in its letter dated
March 18, 2024 (ADAMS Accession No.
ML24024A025) in which the NRC staff
responded to the ACRS report, the NRC
staff considered the ACRS
recommendations and, for the reasons
stated in the staff letter, determined that
changes to DANU–ISG–2022–06 were
unnecessary.
Draft DANU–ISG–2022–06, Chapter
12, ‘‘Post-manufacturing and
construction Inspection, Testing, and
Analysis Program,’’ was published in
the Federal Register for public comment
on May 25, 2023, (88 FR 33920) 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 41987). The
NRC staff received nine 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. ML23277A153.
DANU–ISG–2022–06, Chapter 12,
‘‘Post-manufacturing and construction
Inspection, Testing, and Analysis
Program,’’ 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.
VerDate Sep<11>2014
18:18 Apr 02, 2024
Jkt 262001
V. Backfitting, Forward Fitting, and
Issue Finality
DANU–ISG–2022–06 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–2022–06,
applicants and licensees would not be
required to comply with the positions
set forth in DANU–ISG–2022–06.
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. 2024–07028 Filed 4–2–24; 8:45 am]
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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–2022–0078]
Interim Staff Guidance: Advanced
Reactor Content of Application Project
Chapter 11, Organization and HumanSystem Considerations
Nuclear Regulatory
Commission.
ACTION: Final guidance; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing Interim
Staff Guidance (ISG) DANU–ISG–2022–
05, Chapter 11, ‘‘Organization and
Human-System Considerations.’’ 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–2022–0078 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–2022–0078. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
SUMMARY:
E:\FR\FM\03APN1.SGM
03APN1
]]>Agencies
[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 23060-23062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07028]
-----------------------------------------------------------------------
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
AGENCY: Nuclear Regulatory Commission.
ACTION: Final guidance; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing
Interim Staff Guidance (ISG) DANU-ISG-2022-06, 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
[[Page 23061]]
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-2022-0079. 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-2022-06, Chapter
12, ``Post-manufacturing and construction Inspection, Testing, and
Analysis Program,'' is available in ADAMS under Accession No.
ML23277A144.
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 staff 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, ``Licensing and Regulation of
Advanced Nuclear Reactors,'' (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 12, ``Post-manufacturing and
construction Inspection, Testing, and Analysis Program [PITAP],'' that
is the subject of this FRN, was developed because the current
application and review guidance related to PITAP 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.
------------------------------------------------------------------------
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' ''......................
[[Page 23062]]
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 recommended changes to DANU-ISG-
2022-06. As set forth in its letter dated March 18, 2024 (ADAMS
Accession No. ML24024A025) in which the NRC staff responded to the ACRS
report, the NRC staff considered the ACRS recommendations and, for the
reasons stated in the staff letter, determined that changes to DANU-
ISG-2022-06 were unnecessary.
Draft DANU-ISG-2022-06, Chapter 12, ``Post-manufacturing and
construction Inspection, Testing, and Analysis Program,'' was published
in the Federal Register for public comment on May 25, 2023, (88 FR
33920) 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 41987). The NRC staff received nine 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. ML23277A153.
IV. Congressional Review Act
DANU-ISG-2022-06, Chapter 12, ``Post-manufacturing and construction
Inspection, Testing, and Analysis Program,'' 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-2022-06 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-2022-06, applicants and licensees would not be
required to comply with the positions set forth in DANU-ISG-2022-06.
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. 2024-07028 Filed 4-2-24; 8:45 am]
BILLING CODE 7590-01-P
