Rule: Nuclear Power Plants Licenses, Certifications, and Approvals

Tuesday,
August 28, 2007
Part II
Nuclear Regulatory
Commission
10 CFR Parts 1, 2, 10, et al.
Licenses, Certifications, and Approvals for
Nuclear Power Plants; Final Rule
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49352 Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations
NUCLEAR REGULATORY R. Change to 10 CFR Part 75 rulemaking action began with the
COMMISSION S. Changes to 10 CFR Part 95 issuance of SECY–98–282, ‘‘Part 52
T. Changes to 10 CFR Part 140 Rulemaking Plan,’’ on December 4,
10 CFR Parts 1, 2, 10, 19, 20, 21, 25, U. Changes to 10 CFR Part 170
1998. The Commission issued a staff
V. Changes to 10 CFR Part 171
26, 50, 51, 52, 54, 55, 72, 73, 75, 95, 140, VI. Section-by-Section Analysis requirements memorandum (SRM) on
170, and 171 VII. Availability of Documents January 14, 1999 (SRM on SECY–98–
RIN 3150–AG24 VIII. Agreement State Compatibility 282), approving the NRC staff’s plan for
IX. Voluntary Consensus Standards revising 10 CFR part 52. Subsequently,
Licenses, Certifications, and X. Environmental Impact—Categorical the NRC obtained considerable
Exclusion stakeholder comment on its planned
Approvals for Nuclear Power Plants
XI. Paperwork Reduction Act Statement action, conducted three public meetings
AGENCY: Nuclear Regulatory XII. Regulatory Analysis
on the proposed rulemaking, and twice
Commission. XIII. Regulatory Flexibility Certification
XIV. Backfit Analysis posted draft rule language on the NRC’s
ACTION: Final rule. XV. Congressional Review Act rulemaking Web site before issuance of
the July 2003 proposed rule.
SUMMARY: The Nuclear Regulatory I. Background
Commission (NRC) is amending its B. Publication of Revised Proposed Rule
regulations by revising the provisions A. Development of Proposed Rule
A number of factors led the NRC to
applicable to the licensing and approval On July 3, 2003 (68 FR 40026), the question whether the July 2003
processes for nuclear power plants (i.e., NRC published a proposed rulemaking proposed rule would meet the NRC’s
early site permit, standard design that would clarify and/or correct objective of improving the effectiveness
approval, standard design certification, miscellaneous parts of the NRC’s of its processes for licensing future
combined license, and manufacturing regulations; update 10 CFR part 52 in its nuclear power plants. First, public
license). These amendments clarify the entirety; and incorporate stakeholder comments identified several concerns
applicability of various requirements to comments. On March 13, 2006 (71 FR about whether the proposed rule
each of the licensing processes by 12781), the NRC issued a revised adequately addressed the relationship
making necessary conforming proposed rule that would rewrite part between part 50 and part 52, and
amendments throughout the NRC’s 52, make changes throughout the whether it clearly specified the
regulations to enhance the NRC’s Commission’s regulations to ensure that applicable regulatory requirements for
regulatory effectiveness and efficiency all licensing processes in part 52 are each of the licensing and approval
in implementing its licensing and addressed, and clarify the applicability processes in part 52. In addition, as a
approval processes. The NRC has of various requirements to each of the result of the NRC staff’s review of the
considered and resolved the public processes in part 52 (i.e., early site first three early site permit applications,
comments. permit, standard design approval, the staff gained additional insights into
DATES: The effective date is September standard design certification, combined the early site permit process. The NRC
27, 2007. license, and manufacturing license). also had the benefit of public meetings
This proposed rule superseded the July with external stakeholders on NRC staff
FOR FURTHER INFORMATION CONTACT:
3, 2003, proposed rule. guidance for the early site permit and
Nanette V. Gilles, Office of New The NRC issued 10 CFR part 52 on
Reactors, U.S. Nuclear Regulatory combined license processes. As a result,
April 18, 1989 (54 FR 15372), to reform the NRC decided that a substantial
Commission, Washington, DC 20555– the NRC’s licensing process for future
0001, telephone 301–415–1180, e-mail rewrite and expansion of the July 2003
nuclear power plants. The rule added proposed rulemaking was desirable so
nvg@nrc.gov. alternative licensing processes in 10 that the agency may more effectively
SUPPLEMENTARY INFORMATION: CFR part 52 for early site permits, and efficiently implement the licensing
I. Background standard design certifications, and and approval processes for future
A. Development of Proposed Rule combined licenses. These were nuclear power plants under part 52.
B. Publication of Revised Proposed Rule
II. Overview of Public Comments
additions to the two-step licensing Accordingly, the Commission decided
III. Reorganization of Part 52 and Conforming process that already existed in 10 CFR to revise the July 2003 proposed rule
Changes in the NRC’s Regulations part 50. The processes in 10 CFR part and published a revised proposed rule
IV. Responses to Specific Requests for 52 allow for resolving safety and for public comment on March 13, 2006.
Comments environmental issues early in licensing This revised proposed rule contained a
V. Discussion of Substantive Changes and proceedings and were intended to rewrite of part 52, as well as changes
Responses to Significant Comments enhance the safety and reliability of throughout the NRC’s regulations, to
A. Introduction nuclear power plants through ensure that all licensing and approval
B. Testing Requirements for Advanced processes in part 52 are addressed, and
standardization. Subsequently, the NRC
Reactors
C. Changes to 10 CFR Part 52 certified four nuclear power plant to clarify the applicability of various
D. Changes to 10 CFR Part 50 designs under subpart B of 10 CFR part requirements to each of the processes in
E. Change to 10 CFR Part 1 52—the U.S. Advanced Boiling Water part 52. In light of the substantial
F. Changes to 10 CFR Part 2 Reactor (ABWR) (62 FR 25800; May 12, rewrite of the July 2003 proposed rule,
G. Changes to 10 CFR Part 10 1997), the System 80+ (62 FR 27840; the expansion of the scope of the
H. Changes to 10 CFR Part 19 May 21, 1997), the AP600 (64 FR 72002; rulemaking, and the NRC’s decision to
I. Changes to 10 CFR Part 20 December 23, 1999), and the AP1000 (71 publish the revised proposed rule for
J. Changes to 10 CFR Part 21 FR 4464; January 27, 2006). These public comment, the NRC decided that
K. Change to 10 CFR Part 25 developing responses to comments
L. Changes to 10 CFR Part 26
design certifications are codified in
M. Changes to 10 CFR Part 51 appendices A, B, C, and D of 10 CFR received on the July 2003 proposed rule
N. Changes to 10 CFR Part 54 part 52, respectively. would not be an effective use of agency
O. Changes to 10 CFR Part 55 The NRC planned to update 10 CFR resources. The NRC requested that
P. Changes to 10 CFR Part 72 part 52 after using the standard design commenters on the July 2003 proposed
Q. Changes to 10 CFR Part 73 certification process. The proposed rule who believed that their earlier
Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations 49353
comments were not adequately processes. For example, § 52.47(a)(1)(i) date with early site permit applications,
addressed in the March 2006 proposed provides that a standard design interactions with external stakeholders
rule resubmit their comments. certification application must contain concerning NRC guidance for combined
the ‘‘technical information which is license applications, and NRC’s
II. Overview of Public Comments
required of applicants for construction screening of 10 CFR Chapter I
The public comment period for the permits and operating licenses by 10 requirements following the receipt of
March 2006 revised proposed rule CFR* * *part 50* * *and which is public comments on the 2003 proposed
expired on May 30, 2006. The NRC technically relevant to the design and rule, the NRC concluded that the 2003
received 19 comment letters from not site-specific.’’ proposed rule would not adequately
industry stakeholders, other Federal The language did not explicitly address and resolve these issues.
agencies, and individuals during the identify the part 50 requirements that Accordingly, in the March 13, 2006,
public comment period. The NRC has are ‘‘technically relevant to the design.’’ proposed rule the NRC took a more
considered and resolved all of the Even where a specific regulation in part comprehensive approach to addressing
public comments received during the 50 is identified as a requirement, the these issues by reorganizing part 52,
comment period and has made language of the referenced regulation implementing a uniform format and
modifications to the rule language, as itself was not changed to reflect the content for each of the subparts in part
appropriate. The NRC has prepared a specific requirements as applied to the 52, using consistent wording and
separate report, entitled Comment part 52 processes. For example, organization of sections in each of the
Summary Report: 10 CFR Part 52, § 52.79(b) provides that the application subparts, and making conforming
Licenses, Certifications, and Approvals must contain the ‘‘technically relevant changes throughout 10 CFR Chapter I to
for Nuclear Power Plants, in which it information required of applicants for reflect the licensing and approval
summarizes the public comments an operating license required by 10 CFR processes in part 52. The NRC also
received and discusses the agency’s 50.34.’’ Other than the fact that this coordinated and reconciled differences
disposition of each comment. This language shares the problem discussed in wording among provisions in parts 2,
report is available to the public as earlier of what constitutes a ‘‘technically 50, 51, and 52 to provide consistent
discussed in Section VII of the relevant’’ requirement, § 50.34(b) is terminology throughout all of the
Supplementary Information of this based upon the two-step licensing regulations affecting part 52. Under the
document. The resolution of significant process whereby certain important NRC’s reorganization of part 52, the
public comments is also discussed in information is submitted at the existing appendices O and M on
Section IV, Responses to Specific construction permit stage, and then standard design approvals and
Requests for Comments and, Section V, supplemented with more detailed manufacturing licenses, respectively,
Discussion of Substantive Changes and information at the operating license have been redesignated as new subparts
Responses to Significant Comments in stage. Thus, it could be asserted that in part 52. Redesignating these
this document. certain information that must be appendices as subparts in part 52 has
III. Reorganization of Part 52 and submitted in the construction permit resulted in a consistent format and
Conforming Changes in the NRC’s application, e.g., the ‘‘principal design organization of the requirements
Regulations criteria for the facility’’ required by applicable to each of the licensing and
§ 50.34(a)(3)(i), may be regarded as not approval processes. In addition, the
Since the adoption of 10 CFR part 52 required to be submitted for a combined redesignation clarifies that each of the
in 1989, the NRC and its external license application under the former licensing and approval processes in
stakeholders identified a number of version of part 52. these appendices are available to
interrelated issues and concerns with Another potential source of confusion potential applicants as an alternative to
the licensing process. One significant is that the different subparts of part 52 the processes in part 50 (construction
concern was that the overall regulatory and the appendices on standard design permit and operating license) and the
relationship between part 50 and part 52 approvals and manufacturing licenses existing subparts A through C of part 52.
was not always clear. In the former are not organized using the same format The Commission does not, by virtue of
rules, it was often difficult to tell of individual sections (e.g., ‘‘Scope of this redesignation, either favor or
whether general regulatory provisions in subpart,’’ followed by ‘‘Relationship to disfavor the processes in the former
part 50 apply to part 52. One example other subparts,’’ followed by ‘‘Filing of appendices M and O of part 52. Rather,
is whether the absence of an exemption application’’). Moreover, the the Commission is standardizing the
provision in part 52 denotes the NRC’s organization and textual content of format and organization of part 52, and
determination that exemptions from identically-titled sections differs among clarifying the full range of alternatives
part 52 requirements are not available, the subparts, and with appendices M, N, that are available under part 52 for use
or that these exemptions are controlled O, and Q, which establish additional by potential applicants. Consistent with
by § 50.12. A related problem is the licensing and approval processes. While the broad scope of part 52, the NRC has
current lack of specific delineation of these differences do not constitute an retitled 10 CFR part 52 as ‘‘Licenses,
the applicability of NRC requirements insurmountable problem to their use Certifications, and Approvals for
throughout 10 CFR Chapter I to the and application, it became apparent to Nuclear Power Plants.’’
licensing and approval processes in part the Commission that adoption of a The NRC has also reorganized and
52. For example, the indemnity and common format, organization, and expanded the scope of the
insurance provisions in part 140 were textual content would enhance usability administrative and general regulatory
not revised to address their applicability and result in increased regulatory provisions that precede the part 52
to applicants for and holders of effectiveness and efficiency. subparts by adding new sections on
combined licenses under subpart C of In the 2003 proposed rule, the NRC written communications (analogous to
part 52. Even where part 52 provisions proposed several changes that were § 50.4), employee protection (analogous
referenced specific requirements in part intended to address some (but not all) to § 50.7), completeness and accuracy of
50, it was not always clear from the of these issues. However, based upon information (analogous to § 50.9),
language of the part 50 requirement how comments received on the 2003 exemptions (analogous to § 50.12),
that requirement applied to the part 52 proposed rule, the NRC’s experience to combining licenses (analogous to
§ 50.52), jurisdictional limits (analogous regulatory efficiencies in part 52 necessity, be extended to address a part
to § 50.53), and attacks and destructive combined license proceedings. Since 52 process, and, if so, how the
acts (analogous to § 50.13). The NRC the preparation of the March 2006 regulatory provision should apply.
believes that adding the new sections to proposed rule, several industry groups Second, in situations where the NRC
part 52 rather than revising the have announced their intention to seek has some discretion, the NRC
comparable sections in part 50 is more combined licenses utilizing the same determined whether there were policy
consistent with the general format and design. In view of this industry or regulatory reasons to extend the
content of the Commission’s regulations development, the NRC believes that existing regulations to each of the part
in each of the parts of Title 10. The NRC there is potential utility to keeping the 52 processes. Most of the conforming
considered whether the numbering of option of appendix N open to potential changes in this final rule occur in 10
the newly-added sections to part 52—in combined license applicants. CFR part 50. In making conforming
particular, the provisions on deliberate Accordingly, the NRC is retaining in changes involving 10 CFR part 50
misconduct, employee protection, and part 52 the procedural alternative provisions, the NRC has adopted the
completeness and accuracy of provided in appendix N, and revising its general principle of keeping the
information—should match the language to make its provisions technical requirements in 10 CFR part
numbering of the comparable sections applicable to combined licenses using 50 and maintaining all applicable
in part 50. While this may have some identical designs. Appendix Q, which procedural requirements in part 52.
benefit, the NRC ultimately decided not addresses early staff review of site However, due to the complexity of some
to adopt such a course for several suitability issues, is being removed from provisions in 10 CFR part 50 (e.g.,
reasons. First, other parts of the NRC’s part 52 but retained in part 50. § 50.34), this principle could not be
regulations in 10 CFR Chapter I do not Appendix Q provides for NRC staff universally followed. A description of,
maintain the same numbering scheme. issuance of a staff site report on site and bases for, the substantive
Rather, it appears that the NRC suitability issues with respect to a conforming changes for each affected
attempted to maintain the order in specific site for which a potential part is provided in Section V of this
which these sections are listed in each applicant seeks the NRC staff’s views. document.
part. Second, there are other provisions The staff site report is issued after To highlight the relationship between
in part 50 for which a comparable receiving and considering the comments the requirements in part 52 of this final
provision needed to be added to the of Federal, State, and local agencies and rule and the requirements in existing
general and administrative provisions in interested persons, as well as the views part 52, the NRC is making two cross-
part 52, but for which it would be of the Advisory Committee on Reactor reference tables available to the public.
impossible to maintain the same Safeguards (ACRS), but only if site These tables can be found on NRC’s
numbering (for example, § 50.13 (attacks safety issues are raised. The staff site Agencywide Documents Access and
and destructive acts); § 50.32 report does not bind the Commission or Management System (ADAMS) at
(elimination of repetition); § 50.52 a presiding officer in any hearing under accession number ML062550U0246.
(combining licenses)), unless the part 2. This process is separate from the Table 1 matches each part 52
substantive provisions of part 52, early site permit process in subpart A of requirement in this final rule with its
beginning with § 52.12, were changed.1 part 52. The NRC recognizes the counterpart in the existing rule. Table 2
Maintaining in part 52 the numbering apparent redundancy between the early is a reverse cross-reference table which
review of site suitability issues and the identifies the section of the existing part
scheme for some, but not all,
early site permit process. Accordingly, 52 requirements from which each part
comparable sections from part 50
the NRC is removing appendix Q from 52 requirement in this final rule was
ultimately would be viewed as
part 52 and retaining it only in part 50. derived.
haphazard and arbitrary. Finally, the
Inasmuch as the NRC may, in the
NRC does not believe that external IV. Responses to Specific Requests for
future, adopt other regulatory processes
stakeholders who must constantly refer Comments
for nuclear power plants, the NRC has
to part 52 will be confused by any In Section V of the Statements of
reserved several subparts in part 52 to
difference in numbering of the three Consideration for the March 13, 2006,
accommodate additional licensing
sections, given that there are other proposed rule, the NRC posed 15
processes that may be adopted by the
comparable provisions for which the NRC. The NRC used a standard format questions for which it solicited
numbering is necessarily different and content for revising the regulations stakeholder comments. In the following
between parts 50 and 52. For these in the existing subparts and developing paragraphs, these questions are restated,
reasons, the NRC did not attempt to the new subparts that address the comments received from stakeholders
match in the final part 52 rule the former appendices M and O. The are summarized, and the NRC resolution
numbering of the comparable sections standard format and content was of the public comments is presented.
in part 50. modeled on the existing organization Question 1: General Provisions. Create
Appendix N, which addresses and content of subparts A and C. new subpart for part 50. In response to
duplicate design licenses, has been Appendix N of part 52, however, has several commenters’ concerns about the
retained in both part 52 and part 50 to not been revised in that fashion because clarity of the applicability of part 50
afford future applicants flexibility and of time constraints in developing the provisions to part 52, the Commission
to retain the possibility of achieving final rule. has added provisions to part 52 (§§ 52.0
Perhaps most importantly, the NRC through 52.11) that are analogues to
1 The NRC notes, in this regard that nuclear
has reviewed the existing regulations in comparable provisions in part 50.
industry stakeholders adversely commented on the
revised numbering scheme as set forth in the 2003
10 CFR Chapter I to determine if the Another possible way of addressing the
proposed part 52 rule. They suggested that the NRC existing regulations must be modified to commenters’ concerns would be to
retain, to the greatest extent posible, the numbering reflect the licensing and approval transfer all the provisions in part 52 to
of the then existing part 52. Inasmuch as § 52.12 is processes in part 52. First, the NRC a new subpart (e.g., subpart M) of part
the first substantive provision of the former party
52, this placed an upper bound on the number of
determined whether an existing 50, and retain the existing numbering
sections available for general provisions—that is regulatory provision must, by virtue of sequence for the current part 52 with
§ 52.0 through 52.11. a statutory requirement or regulatory the addition of a prefix (e.g., proposed
50.1001 = current 52.1). The emergency preparedness issues at the flexibility to achieve ‘‘finality’’ without
Commission is considering adopting early site permit stage as that associated producing a comprehensive EP. Some
this alternative proposal in the final rule with a reasonable assurance finding of commenters identified a need to clarify
and is interested in whether complete and integrated plans. the definition of ‘‘major features’’ of the
stakeholders regard this as a more Therefore, the Commission is EP to make it less restrictive. Some
desirable approach for minimizing the considering modifying in the final rule commenters believed that the approved
ambiguity of the relationship between the early site permit process in major features were acceptable elements
part 50 and part 52. proposed subpart A to remove the of a ‘‘complete and integrated
Commenters’ Response: Some option for applicants to propose major emergency plan that would be
commenters stated the clarity of the features of emergency plans in early site considered later.’’ Some commenters
regulations would not be enhanced by permit applications and requests public believed the information should not be
moving provisions from part 52 to a new comment on this alternative. The NRC reviewed again during the COL process,
subpart of part 50. The commenters believes that, if the option for early site which would instead focus on (1) the
argued that in addition to not permit applicants to include major integration of these major features with
eliminating existing confusion, such a features of emergency plans is to be information necessary to support the
content shift would create new retained, it would be useful to further ‘‘reasonable assurance finding,’’ and (2)
confusion because current documents define in the final rule what a major the updating of EP information required
referencing part 52 would become feature is and establish a clearer level of by § 52.39(b).
‘‘obsolete.’’ finality associated with the NRC’s NRC Response: Based on the
NRC Response: The NRC has decided review and acceptance of major features commenters’ feedback, the NRC has
not to transfer provisions from part 52 of emergency plans. If the option to decided to retain the current process for
to a new subpart in part 50, inasmuch include major features of emergency addressing major features of emergency
as: (1) no commenter favored plans is retained in the final rule, the plans in an ESP without modification.
transferring provisions from part 52 to a NRC would define major features of The NRC agrees that it should clarify the
new subpart in part 50, (2) the emergency plans as follows: definition of ‘‘major features’’ and has
approaches are legally equivalent, and Major features of the emergency plans done so by adding the definition
(3) nearly 17 years has passed since the means the aspects of those plans necessary suggested by the commenters to § 52.1
Commission adopted the approach of to: (1) address one or more of the sixteen in the final rule. For a detailed
establishing early site permits, standard standards in § 50.47(b), and (2) describe the discussion of the basis for this change,
design certifications, and combined emergency planning zones as required in see Section V.C.5.b of the
licenses in a new part 52, and a §§ 50.33(g), 50.47(c)(2), and appendix E to 10 Supplementary Information section of
reorganization of the regulations at this CFR part 50. this document which discusses changes
time may engender confusion without In addition, the NRC is considering to § 52.1, ‘‘Definitions.’’
any compensating benefits in clarity, adopting in the final rule the Question 3: As indicated in Section
regulatory stability and predictability, or requirement that major features of IV, Discussion of Substantive Changes
efficiency. emergency plans must include the (in the March 13, 2006, proposed rule),
Question 2: Currently, §§ 52.17(b) of proposed inspections, tests, and the NRC is proposing to remove
subpart A of 10 CFR part 52 requires analyses that the holder of a combined appendix Q to part 52 entirely from part
that an early site permit application license referencing the early site permit 52 and retain it in part 50. Currently,
identify physical characteristics that shall perform, and the acceptance appendix Q to part 52 provides for NRC
could pose a significant impediment to criteria that are necessary and sufficient staff issuance of a staff site report on site
the development of emergency plans. to provide reasonable assurance that, if suitability issues with respect to a
An early site permit application may the inspections, tests, and analyses are specific site, for which a person (most
also propose major features of the performed and the acceptance criteria likely a potential applicant for a
emergency plans or propose complete met, the facility has been constructed construction permit or combined
and integrated emergency plans in and will operate in conformity with the license) seeks the NRC staff’s views. The
accordance with the applicable license, the provisions of the Atomic NRC is also considering removing, in
standards of § 50.47 and the Energy Act (AEA), and the NRC’s the final rule, the early site review
requirements of appendix E of 10 CFR regulations, insofar as they relate to the process in appendix Q to part 52 in its
part 50. The requirements in § 52.17 do major features under review. entirety from the NRC’s regulations and
not further define major features of The NRC believes that, under this is interested in stakeholder feedback on
emergency plans. Section 52.18 of alternative, the level of finality this alternative. One possible reason for
subpart A requires the Commission to associated with each major feature that removing the early site review process
determine, after consultation with the the Commission found acceptable in its entirety is that potential nuclear
Federal Emergency Management would be equivalent, for that individual power plant applicants would use the
Agency, whether any major features of major feature, to the level of finality early site permit process in subpart A of
emergency plans submitted by the associated with a reasonable assurance part 52, rather than the early site review
applicant under § 52.17(b) are finding by the NRC for a complete and process as it currently exists in
acceptable. Section 52.18 does not integrated plan, including inspections, appendix Q to parts 50 and 52. Also, in
provide any further explanation of the tests, analyses, and acceptance criteria cases where a combined license
Commission’s criteria for judging the (ITAAC), at the early site permit stage. applicant was interested in seeking NRC
acceptability of major features of Commenters’ Response: Several staff review of selected site suitability
emergency plans. commenters suggested the current issues (as appendix Q to part 52 was
The Commission has concluded, after process for addressing major features of designed for), the applicant could
undergoing the review of the first three emergency plans (EP) in the early site request a pre-application review of these
early site permit applications, that permit (ESP) be retained without issues. The use of pre-application
Commission review and acceptance of modification. Some commenters reviews for selected issues has been
major features of emergency plans may expressed a fear that the loss of this successfully used by applicants for
not achieve the same level of finality for option would result in a loss of design certification. The NRC is
especially interested in the views of will also review the acceptability of the manufacturer’s specifications) can be
potential applicants for nuclear power manufacturing license applicant’s met by the design to be approved for
plant construction permits and organization responsible for design and manufacture.
combined licenses as to whether there is manufacturing, as well as the quality The NRC requests public comment on
any value in retaining the early site assurance (QA) program for design and whether the manufacturing license
review process. manufacturing, the proposed rule does process in proposed subpart F of part 52
Commenters’ Response: Some not provide a regulatory structure for should be further extended in the final
commenters expressed concern about further extending the scope of NRC rule to provide an option for NRC
the loss of flexibility to assess site review and issue finality to the approval of the manufacturing, and if
suitability that would result from the manufacturing process itself. The NRC so, which model of regulatory oversight,
deletion of appendix Q from parts 50 is considering extending regulatory i.e., the combined license ITAAC model
and 52. These commenters believed that review approval, and consequently or the FCC/FAA approval model, should
appendix Q to parts 50 and 52 (in expand issue finality, to the be used by the NRC. The NRC also seeks
conjunction with subpart F of 10 CFR manufacturing itself in the final rule. public comment on whether an
part 2) was important for allowing There are two models that the opportunity for hearing is required by
‘‘critical path issues’’ to be reviewed Commission is considering adopting if it the AEA in connection with a NRC
prior to submission of a combined were to move in this direction. The first determination that the manufacturing
license (COL) application in instances would be an analogue to the subpart C ITAAC have been successfully
where prior completion of an ESP was of part 52 combined license process, completed.
not feasible. Some commenters argued whereby the NRC would review and Commenters’ Response: Some
for the efficiency of appendix Q to parts approve manufacturing ITAAC to be commenters requested that applicants
50 and 52 and subpart F of part 2 included in the manufacturing license. for manufacturing licenses be allowed,
because only applicant-selected issues During the manufacturing of each but not required, to use ITAAC to
would be reviewed during these reactor, the NRC would verify at the ensure that an ‘‘as-manufactured plant
processes. Some commenters manufacturing location whether the conforms to the important design
recommended changes be made to ITAAC have been conducted and the characteristics specified in the
specifically allow ESP and COL acceptance criteria met. A NRC finding application for the manufacturing
applicants to reference an early site of successful completion of all the license.’’ Some commenters stated that
review conducted in accordance with ITAAC would preclude any further a manufacturing license for evolutionary
appendix Q or subpart F. The inspection of the acceptability of the designs should be subject to proposed
commenters stated that the NRC should manufacture of the reactor at the site § 50.43(e) and should not require a
not delete the option for a part 52 prototype. Some commenters stated that
where the manufactured reactor is to be
applicant to reference a review manufacturing licenses should not be
permanently sited and operated. The
performed under appendix Q to 10 CFR subject to more stringent requirements
NRC’s inspections and findings for the
part 52. than design certifications.
combined license or operating license NRC Response: The NRC has decided
NRC Response: After considering
would be limited to whether the reactor to defer consideration of this alternative
these comments the NRC has decided to
had been emplaced in undamaged on ITAAC, for several reasons. First, one
go forward with removal of appendix Q
condition (or damage had been commenter’s proposal to allow ITAAC
from part 52 in the final rule.
However, the NRC agrees that appropriately repaired) and all interface for assuring that the as-manufactured
§ 2.101(a–1) and subpart F of part 2 requirements specified in the reactor ‘‘conforms to the important
should be modified to allow applicants manufacturing license had been met. design characteristics specified in the
for early site permits and combined The NRC believes that it has authority application for the manufacturing
licenses under part 52 to take advantage to issue a manufacturing license under license,’’ raises questions about what
of those provisions. Both § 2.101(a–1) Section 161.h of the AEA. those ‘‘important design characteristics’’
and subpart F of part 2 have been The other model that the NRC could might be, and why the ITAAC would be
revised in the final rule, albeit adopt would be a combination of the so narrowly limited. The Commission
somewhat differently than the approach approval processes used by the Federal did not receive any in-depth comments
recommended by the commenter. Communications Commission (FCC) presenting arguments one way or the
Inasmuch as the revisions are to the and Federal Aviation Administration other on the feasibility of developing
Commission’s rules of procedure and (FAA) in approving the manufacture of such ITAAC, and the potential legal
practice, the Commission may adopt electronic devices and airplanes. The implications of, and technical
them in final form without further NRC’s manufacturing license would considerations with respect to, such a
notice and comment, under the approve: (1) the design of the nuclear finding by the manufacturer. Moreover,
rulemaking provisions of the APA, 5 power reactor to be manufactured; (2) it is clear that any regulatory process
U.S.C. 553(b)(A). The Commission the specific manufacturing and quality that the Commission may adopt in
believes that sufficient flexibility will be assurance/quality control processes and rulemaking would require further
retained for future combined license procedures to be used during opportunity for public comment, and
applicants with the preservation of the manufacture; and (3) tests and therefore could not be adopted in a final
provisions in § 2.101(a–1) and subpart F acceptance criteria for demonstrating part 52 rulemaking without substantial
of part 2 and that there is little value in that the reactor has been properly delay. In light of the lack of any near-
also retaining the provisions in manufactured. To be completely term interest by any entity in obtaining
appendix Q. consistent with the FCC and FAA a manufacturing license, the
Question 4: Under subpart F of part 52 models, the NRC would issue a Commission has decided not to adopt
of the proposed rule, the NRC proposes manufacturing license only after a any provisions for ITAAC governing
to require approval of, and extend prototype of the reactor had been approval of manufacturing in the final
finality to, the final design for a reactor constructed and tested to demonstrate part 52 rule. However, the Commission
to be manufactured under a that all performance requirements (i.e., would address these issues in a timely
manufacturing license. While the NRC compliance with NRC requirements and fashion if raised in a rulemaking
petition which demonstrated near-term permit applicant to reference an ESP or § 52.103(a) and NRC staff scheduling of
interest in an application for a DC was ill-advised given the untested inspection and audit activities to
manufacturing license. nature of the COL process and the support NRC staff determinations of the
The Commission agrees with the resulting need to retain ‘‘regulatory successful completion of ITAAC under
commenters’’ suggestions that flexibility’’ to deal with unexpected § 52.99. The proposed updating would
manufacturing licenses for evolutionary issues. As a contingency plan to buffer also facilitate NRC staff scheduling of
designs should be subject to new against difficulties with COL process, those inspection and audit activities,
§ 50.43(e), and that under those the commenters proposed the addition Commission completion of hearings
provisions a prototype would not be of a provision in part 50 to specify that within the time frame allotted under
prerequisite to issuance of a a construction permit applicant could § 52.103(e), and any Commission
manufacturing license for an reference a DC without the inclusion of determinations on petitions as provided
evolutionary design. Further discussion ITAAC. The commenters suggested that under § 52.103(f). The NRC requests
is provided below in Testing in these instances, ‘‘the operating public comment on the benefits and
Requirements for Advanced Reactors. license proceeding would need to find impacts (including information
Question 5: Currently, part 52 allows under 10 CFR 50.57(a)(1) that collection and reporting burdens) that
an applicant for a construction permit to construction of the facility has been would occur if the proposed
reference either an early site permit substantially completed, in conformity requirements were adopted.
under subpart A of part 52 or a design with the construction permit and the Commenters’ Response: Some
certification (DC) under subpart B of application as amended, the provisions commenters agreed with this concept.
part 52. Specifically, § 52.11 states that of the Act, and the rules and regulations However, they do not support a rule
subpart A of part 52 sets out the of the Commission.’’ Commenters stated change because they believe a rule
requirements and procedures applicable that standard design should be final and change is not necessary. Rather, they
to NRC issuance of early site permits for not open to review in the construction believe that the concept should be
approval of a site or sites for one or permit and operating licenses implemented via guidance rather than a
more nuclear power facilities separate proceeding. Commenters requested a rule change. Additionally, following the
from the filing of an application for a construction permit applicant be able to initial notification, a licensee should be
construction permit or combined license reference an ESP in the same way as required to submit a follow-up 30-day
for such a facility. Similarly, § 52.41 would a COL applicant. notification only if the schedule in the
states that subpart B of part 52 sets out NRC Response: Based on some of the prior notification has changed. It would
the requirements and procedures commenters’ responses to this question be unnecessarily burdensome to require
applicable to NRC issuance of and further consideration of the issue, a licensee to submit notifications every
regulations granting standard design the NRC has decided not to make any 30 days stating that the schedule has not
certification for nuclear power facilities changes in the final rule to delete changed.
separate from the filing of an provisions allowing a construction NRC Response: The NRC has decided
application for a construction permit or permit applicant to reference an early to amend § 52.103(a) in the final rule to
combined license for the facility. site permit or a design certification. The ensure that the combined license holder
However, the current regulations in 10 NRC has also decided not to add any will notify the NRC of its scheduled
CFR part 50 that address the application additional provisions to part 50 or part date for initial loading of fuel into a
for and granting of construction permits 52 to address a construction permit plant no later than 270 days before the
do not make any reference to a applicant’s ability to reference either a scheduled date, and will notify the NRC
construction permit applicant’s ability design certification or an early site of updates to its schedule every 30 days
to reference either an early site permit permit. The NRC believes it is unlikely thereafter. The notification will
or a design certification. Also, the NRC that such a construction permit facilitate timely NRC publication of the
has not developed any guidance on how application will be submitted, and the notice required under § 52.103(a),
the construction permit process would NRC will handle any such applications completion of hearings within the time
incorporate an early site permit or on a case-by-case basis. If such an frame allotted under § 52.103(e), and
design certification, nor has the nuclear application were submitted, there are completion of any Commission
power industry made any proposals for many process issues that would need to determinations on petitions filed under
the development of industry guidance be carefully considered and would need § 52.103(f). The NRC believes that the
on this subject. The NRC has not to be discussed with the applicant and update notifications when the schedule
received any information from potential other stakeholders. In particular, the has not changed will not be
applicants stating an intention to seek a previously certified designs all used burdensome. Additional discussion on
construction permit for the construction design acceptance criteria in lieu of this issue is provided in Section V.C.8.b
of a future nuclear power plant. In detailed design information. A process of the supplementary information in
addition, the NRC recommends that for completing that design information this final rule.
future applicants who want to construct without using ITAAC would have to be Question 7: As discussed in Section
and operate a commercial nuclear developed. IV.C.6.f of the March 13, 2006, proposed
power facility use the combined license Question 6: The NRC is considering rule, the NRC is proposing to modify
process in subpart C of part 52. revising § 52.103(a) in the final rule to § 52.79(a) to add requirements for
Therefore, the NRC is considering require the combined license holder to descriptions of operational programs
removing from part 52, in the final rule, notify the NRC of the licensee’s that need to be included in the final
the provisions allowing a construction scheduled date for loading of fuel into safety analysis report (FSAR) to allow a
permit applicant to reference an early a plant no later than 270 days before the reasonable assurance finding of
site permit or a design certification and scheduled date, and to advise the NRC acceptability. This proposed
is interested in stakeholder feedback on every 30 days thereafter if the date has amendment is in support of the
this alternative. changed and if so, the revised scheduled Commission’s direction to the staff in
Commenters’ Response: Some date for loading of fuel. The initial SRM–SECY–02–0067 dated September
commenters stated the deletion of notification would facilitate timely NRC 11, 2002, ‘‘Inspections, Tests, Analyses,
provisions allowing a construction publication of the notice required under and Acceptance Criteria for Operational
Programs (Programmatic ITAAC),’’ that [§ 52.79(a)(39)]; (4) a description of the Commenters’ Response: Some
a combined license applicant was not fire protection program required by commenters stated that NRC’s
required to have ITAAC for operational § 50.48 [§ 52.79(a)(40)]; and (5) a alternative approach to addressing
programs if the applicant fully description of the fitness-for-duty backfitting was unnecessary to clarify
described the operational program and program required by 10 CFR part 26 the application of the backfit rule to part
its implementation in the combined [§ 52.79(a)(44)]. During the preparation 52 actions. Commenters stated that the
license application. In this SRM, the of the final rule, the NRC also noticed proposed rule included adequate
Commission stated: that it had not completely implemented references to § 50.109 and in the various
[a]n ITAAC for a program should not be the Commission’s direction regarding subparts of part 52, making replication
necessary if the program and its the treatment of operational programs in of this language elsewhere unnecessary.
implementation are fully described in the a COL application because it had failed If the NRC deemed the inclusion of such
application and found to be acceptable by the to add requirements to address program information necessary, several
NRC at the COL stage. The burden is on the implementation in its revisions to commenters suggested each subpart in
applicant to provide the necessary and § 52.79(a). Therefore, in the final rule, part 52 include its own standards for
sufficient programmatic information for backfitting to avoid confusion.
approval of the COL without ITAAC. the NRC has added requirements to
address the implementation of all NRC Response: The NRC has decided
Accordingly, the NRC is proposing in operational programs required to be to revise § 50.109 to include the
the final part 52 rulemaking to add described in a COL application. This is conforming changes necessary to reflect
requirements to § 52.79 that combined consistent with the Commission’s part 52, rather than adopting a
license applications contain direction to the staff in SRM–SECY–02– backfitting provision in part 52, because
descriptions of operational programs. In 0067 (September 11, 2002, no commenter favored the alternative
doing so, the Commission has taken into ML022540755) that a combined license approach of adopting a backfitting
account NEI’s proposal to address SRM– applicant was not required to have provision in part 52, and both
SECY–04–0032 in its letter dated ITAAC for operational programs if the approaches are legally equivalent.
August 31, 2005 (ML052510037). applicant fully described the Question 9: The Commission is
However, the NRC is concerned that operational program and its considering adopting in the final part 52
there may be operational program implementation in the combined license rulemaking an alternative to the re-
requirements that it has not captured in application. proposed rule’s approach for addressing
its proposed § 52.79. Therefore, the NRC new and significant environmental
is requesting public comment on Question 8: Backfitting—reproduce information with respect to matters
whether there are additional required backfitting requirements in part 52. The addressed in the ESP environmental
operational programs that should be NRC notes that the backfitting impact statement (EIS) which require
described in a combined license provisions applicable to various part 52 supplementation.2 As a separate matter,
application that are not identified in processes are contained in both part 50 the Commission is also considering
proposed § 52.79. If additional required and part 52 and, therefore, the proposed adopting in the final part 52 rulemaking
operational programs are identified, the language for § 50.109 cross-references to an analogous requirement for addressing
Commission is considering adding them applicable provisions of part 52, which new information necessary to update
to § 52.79 in the final rule. may be confusing. The NRC is and correct the emergency plan
Commenters’ Response: Some considering adopting in the final rule an approved by the ESP, the ITAAC
commenters believed that requirements alternative which would remove from associated with EP, or the terms and
for operational programs were sufficient § 50.109 the backfitting provisions conditions of the ESP with respect to
as proposed, and that no additional applicable to the licensing and approval emergency preparedness, or new
operational programs needed to be processes in part 52, and place them in information materially changing the
described in the COL application. part 52. There are two possible Commission’s determinations on
NRC Response: The NRC does not approaches for doing so: the first would emergency preparedness matters
agree that no additional operational be for the NRC to establish a general previously resolved in the ESP. To
programs need to be described in a COL backfitting provision in part 52 implement either or both of these
application. During the preparation of applicable exclusively to the licensing alternatives, the Commission is also
the final rule, the NRC discovered that and approval processes in part 52. evaluating whether several additional
several of the operational programs Under this approach, each licensing and concepts should be adopted in the final
listed in SECY–05–0197 (October 28, approval process in part 52 would be rulemaking. The two alternatives, as
2005) were not addressed in proposed the subject of a backfitting section in a well as the additional implementing
§ 52.79. To ensure the list of new subpart of part 52 (e.g., § 52.201 for concepts, are described below. The
requirements for the contents of standard design approvals, etc.). The Commission emphasizes that it may,
applications is complete, the NRC is existing backfitting provisions with respect to the alternative
adding several new provisions to applicable to early site permits and addressing updating environmental
address operational programs in the design certification would be transferred information and emergency
final rule. Specifically, the NRC is to the relevant sections in the new preparedness information, adopt either
adding requirements to § 52.79 for COL subpart. The second approach would be or both alternatives in the final part 52
applicants to include a description of: to ensure that each subpart of part 52
(1) the process and effluent monitoring contains the backfitting provisions 2 The scope of environmental information that
and sampling program required by applicable to the licensing or approval must be supplemented is limited to the matters
which were addressed in the original EIS for the
appendix I to 10 CFR part 50 process in that subpart. The NRC is ESP. Thus, for example, if the ESP applicant chose
[§ 52.79(a)(16)(ii)]; (2) a training and considering adopting these alternative not to address need for power (as is allowed under
qualification plan in accordance with approaches in the final rule and § 52.18), the combined license applicant need not
the criteria set forth in appendix B to 10 requests public comment on whether address need for power in its environmental report
(ER) to update the ESP EIS, and the NRC need not
CFR part 73 [§ 52.79(a)(36)(ii)]; (3) a either of these administrative determine whether there is new and significant
description of the radiation protection approaches is preferable to the approach information with respect to need for power as part
program required by § 20.1101 in the proposed rule. of the updating of the ESP EIS.
rulemaking, in place of or in addition to proceeding referencing the ESP. Thus, finding with respect to that EP ITAAC).
the proposed rule’s alternative of for example, if a new and significant The NRC’s consideration of such EP
conducting the updating in each environmental issue, for example, a information would be considered to be
combined license proceeding. Under the newly-designated endangered species, is part of the ESP proceeding, and any
option where multiple alternatives for addressed in the supplemental ESP EIS, necessary changes with respect to EP
updating environmental and emergency the matter would be resolved for all would therefore be deemed to be
preparedness information would be combined licenses referencing the ESP changes within the scope of the ESP.
allowed, the Commission proposes that (unless, of course, there is new and The Commission considers this
the decision be left to the combined significant information identified at the proposal as a means for updating the
license applicant as to which alternative time of a subsequent referencing ESP with respect to EP information in
to pursue. Commenters are requested to combined license with respect to that a timely fashion, without imposing
address: (1) the advantages and endangered species). There would be no undue burden on the ESP holder and
disadvantages of adopting each updating of environmental information the NRC through continuous or periodic
alternative for updating environmental necessary in the combined license updating, while preserving the
and emergency preparedness proceeding. The Commission considers distinction between the ESP and any
information in an ESP proceeding as this approach for updating the ESP as referencing combined license
opposed to the proposed rule’s meeting the Agency’s obligations under proceeding.
alternative of conducting the updating the National Environmental Policy Act Since an ESP may be referenced more
in each combined license proceeding; (NEPA), without imposing undue than once, this approach would provide
(2) whether the Commission should burden on the ESP holder and the NRC for issue finality of the updated
only allow updating of environmental through continuous or periodic information and preclude the need for
and emergency preparedness updating, and preserving the distinction reconsideration of the same issue in
information in an ESP proceeding or in between the ESP and any referencing successive combined license
a COL proceeding, but not both; and (3) combined license proceeding. Since an proceedings referencing the ESP. The
if the Commission allows updating in ESP may be referenced more than once, Commission requests comment whether
either an ESP proceeding or in a COL this approach would provide for issue this approach should be adopted by the
proceeding, whether it should be an finality of the updated information and Commission in the final rulemaking,
option for the COL applicant to decide preclude the need for reconsideration of which will likely involve changes to
which update process to pursue. The the same environmental issue in § 52.39 (and possible conforming
Commission believes it may allow COL successive combined license changes in § 50.47, 50.54, and 10 CFR
applicants the option of deciding proceedings referencing the ESP. The part 50, appendix E).
whether to update environmental and Commission requests public comment ESP Updating in Advance of Combined
emergency preparedness information in on this proposal, which would likely License Application Submission
either an ESP proceeding or in a COL involve changes to §§ 52.39, 51.50(c),
proceeding in order to afford the COL 51.75, and 51.107 (and possibly To minimize the possibility that the
applicant the determination which conforming changes in parts 2, 51, and ESP updating process may adversely
approach best satisfies their business 52). affect a combined license proceeding
and economic interests. referencing that ESP, the Commission
Emergency Preparedness Information proposes to require the combined
Environmental Matters Resolved in ESP Resolved in ESP license applicant intending to reference
The Commission is considering The Commission is separately an ESP to submit its application to
requiring a combined license applicant considering requiring a combined update the ESP with respect to EP and/
planning to reference an ESP to submit license applicant referencing an ESP to or environmental information no later
a supplemental environmental report for provide to the NRC new EP information than 18 months before the submission of
the ESP. The supplemental necessary to correct inaccurate its combined license application. The
environmental report must address information in the ESP emergency plan, Commission believes that the 18-month
whether there is any new and EP ITAAC, or the terms and conditions lead time is sufficient to complete the
significant environmental information of the ESP with respect to EP. Based NRC’s regulatory consideration of the
with respect to the environmental upon the EP information submitted by updating, such that the combined
matters addressed in the ESP EIS. Based the combined license applicant, the license applicant will be able to prepare
upon this information, the NRC will NRC will, as necessary, approve changes its application to reflect the updated
prepare a draft supplemental to the ESP emergency plan, the EP ESP. The Commission also recognizes
environmental assessment (EA) or EIS ITAAC, or the terms and conditions of that there may be increased regulatory
setting forth the agency’s proposed the ESP with respect to EP. Once the complexity under this approach, as well
determinations with respect to any new Commission has resolved the EP as the possibility that resources may be
and significant information. In updating matters, these matters would unnecessarily expended if the potential
accordance with existing practice and be accorded finality under § 52.39. combined license applicant ultimately
procedure, the draft supplemental EA or There would be no separate updating decides not to proceed with its
EIS will be issued for public comment. necessary in the combined license application. The Commission requests
After considering comments received proceeding. Thus, for example, if an EP public comment on whether the 18-
from the public and relevant Federal ITAAC in an ESP were changed by month lead time is appropriate, whether
and State agencies, the NRC will issue virtue of this updating process, the the time should be decreased or
a final supplemental EA or EIS. Once changed ITAAC for EP would be increased, or whether the Commission
the final supplemental EA or EIS is applicable to any combined license should simply require that the ESP
issued, the ESP finality provisions in referencing the ESP whose ITAAC have update application be filed no later than
proposed § 52.39 would apply to the not yet been satisfied (i.e., the amended simultaneously with the filing of the
matters addressed in the supplemental EP ITAAC would not be applicable to a combined license application. Based
EA or EIS, and those matters need not combined license where the upon the public comments, the
be addressed in any combined license Commission has made the § 52.103(g) Commission will adopt one of these
alternatives, if it decides that updating significant environmental information, an ESP updating process as described
of environmental and/or EP matters and/or new information necessary to previously, would be equally valid for
should be accomplished in an ESP update and correct the emergency plan updating such information under the
proceeding, as opposed to the combined approved by the ESP, the ITAAC updating provisions in the re-proposed
license proceeding in which the ESP is associated with emergency rule. The Commission requests
referenced. preparedness (EP), or the terms and comments on whether, if the
conditions of the ESP with respect to Commission adopts in the final
Expanding the Scope of Resolved Issues
emergency preparedness, or otherwise rulemaking the re-proposed rule’s
After ESP Issuance
materially changing the Commission’s concept of updating in the combined
The Commission is also considering determinations on emergency license proceeding, the Commission
whether the final rule should include preparedness matters previously should provide the ESP applicant with
provisions addressing how the ESP resolved in the ESP. These procedures the option of seeking NRC approval of
holder may request, at any time after the and criteria, if approved as part of the the procedures and criteria for updating
issuance of the ESP, that additional ESP issuance, could be used by any environmental and/or emergency
issues be resolved and given finality combined license applicant referencing preparedness information in a combined
under § 52.39. For example, the holder the ESP to identify the need to update license proceeding which references the
of the ESP which does not include an the ESP with respect to environmental ESP.
approved emergency plan, may wish to and/or emergency preparedness
submit complete emergency plans for Public Participation in ESP Updating
information. There would be no need
NRC review and approval. Such a Process
for the NRC to review the adequacy of
request is not explicitly addressed in the ESP holder/combined license The Commission is considering two
either the current or re-proposed applicant’s process and criteria for ways for allowing public participation
subpart A to part 52, although it would determining whether new information is in the updating process, if the updating
be reasonable to treat that request as an of such importance or significance so as alternative is adopted in the final rule.
application to amend the ESP. to require updating; the NRC review One approach would be to allow
The Commission requests public could thereby be focused solely on interested persons to challenge the
comment on whether the Commission whether the ESP holder’s updated proposed updating by submitting a
should adopt in the final rule new information, or determination that there petition, analogous to that in proposed
provisions in subpart A to part 52 that is no change in either an environmental § 52.39(c)(2), which would be processed
would explicitly address requests by the or emergency preparedness matter, was in accordance with § 2.206. This
ESP holder to amend the early site correct and adequate. Under this approach would be most consistent with
permit to expand the scope of issues proposal, § 52.17 and/or § 51.50(b) the existing provisions in § 52.39,
which are resolved and given issue would be amended to incorporate such inasmuch as updating of an ESP is
finality under § 52.39. The Commission a process for ‘‘pre-approval’’ of ESP roughly equivalent to a request that the
is also considering whether, as part of updating procedures and criteria. terms and conditions of an ESP be
the ESP updating process discussed While NRC approval of updating modified. A consequence of this
previously, the ESP holder/combined procedures and criteria would be approach is that the potential scope of
license applicant should be allowed to reflected in the ESP, the Commission matters which may be raised is not
request an expansion of issues which does not believe that the ESP itself must limited to those ESP matters which the
are resolved and given issue finality. contain the procedures and criteria in ESP holder/combined license applicant
If the Commission were to allow an order to be accorded finality under and the NRC conclude must be updated.
ESP holder/combined license applicant § 52.39. An ESP holder/combined The other approach that the
to expand the scope of resolved issues license applicant need not comply with Commission may adopt is to treat any
in the ESP update proceeding, the any or all of the updating process and necessary updating as an amendment to
Commission believes that the 18-month criteria, and would be free to use (and the ESP, for which an opportunity to
time period for filing the updating justify) other procedures or criteria in request a hearing is provided. This
application in the ESP proceeding may the ESP updating proceeding. Naturally, approach would limit the scope of the
be insufficient, and is considering there would be no finality associated hearing to those matters for which an
adopting in the final rule a 24-month (2- with such departures from the ESP- amendment is required. Where the ESP
year) period for filing the ESP updating approved procedures and criteria. holder does not request an amendment
application, where the ESP holder/ The Commission does not believe that on the basis that no updating is
combined license applicant seeks to either subpart A of part 52 or an ESP necessary with respect to a matter, an
expand the scope of resolved issues. with the contemplated approved interested person could not intervene
The Commission seeks public comment updating procedures and criteria should with respect to that matter. A
on whether, in such cases, the contain a ‘‘change process’’ akin to consequence of this approach is that,
Commission should require in the final § 50.59, allowing the ESP holder to under the Commission’s regulations in
rule an 18- or 24-month period, or some make changes to the approved updating 10 CFR part 2 and its current practice,
other period, for submitting its ESP procedures and criteria without NRC a hearing granted on any amendment
updating application. review and approval. Any change (other necessitated by the updating process
than typographic and administrative would be more formalized than a
Approval in ESP of Process and Criteria corrections) should require an hearing accorded under the § 2.206
for Updating ESP After Issuance amendment to the ESP. However, the petition process. The Commission
The Commission requests public Commission seeks public comment on requests public comment on the
comment whether the Commission whether a different course should be approach that the Commission should
should adopt in the final rulemaking adopted in the final rule. adopt, together with the reasons for the
provisions affording the ESP applicant The Commission recognizes that any commenter’s recommendation.
the option of requesting NRC approval NRC-approved procedures and criteria Commenters’ Response: Several
of procedures and criteria for for updating environmental and/or commenters believed an ESP holder
identifying and assessing new and emergency preparedness information in should not be required to update the
information in the ESP application. been reviewed and approved. These The submittal would be required to
These commenters stated that the commenters also stated that this revised include the effects of all changes made
proposal to require updating would add information should not be considered as in the facility or procedures as reflected
an unnecessary additional level of an ‘‘amendment’’ submitted under in the PRA; all safety analyses and
review (and possibly hearings) with § 50.90 for review and approval, but evaluations performed by the licensee
little or no additional benefit (i.e., the rather should be considered to be either in support of approved license
COL applicant would still be under the information equivalent to that provided amendments or in support of
obligation to update the information under § 50.71(e) for information. conclusions that changes did not require
provided by the ESP holder). Some NRC Response: Upon consideration of a license amendment in accordance
commenters contended that an updating the public comments on this subject, the with § 50.59(c)(2) or, in the case of a
requirement would only serve to erode NRC has decided not to require license that references a certified design,
the finality and certainty provided by updating of ESP information prior to in accordance with § 52.98(c); and all
the ESP, thereby defeating one of the receipt of a COL application referencing analyses of new safety issues performed
purposes of an ESP. These commenters the ESP. The NRC is retaining the by or on behalf of the licensee at
also believed that an updated proposed rule structure for dealing with Commission request. The Commission
requirement would run counter to NRC new EP and environmental information requests stakeholder feedback on
regulations. Some commenters stated at the COL stage. The NRC believes this whether such a requirement should be
that while the ESP is in effect, the NRC structure will provide for the most added to the Commission’s regulations
cannot change or impose new effective and efficient use of NRC and and, if so, what is an appropriate update
requirements, including emergency applicant resources. The NRC is, schedule.
planning requirements, unless it however, making revisions to the final Commenters’ Response: Several
determines that a modification is rule to allow for voluntary changes to an commenters noted that the proposed
necessary either to bring the permit or ESP by the ESP holder through the rule did not include a frequency for
the site into compliance with the NRC’s license amendment process. updating the PRA. These commenters
regulations and orders applicable and in Specifically, the NRC is making noted that the Commission stated that
effect at the time the permit was issued, revisions to §§ 50.90 and 50.92 to PRA scope and methods should be
or to assure adequate protection of the include ESPs within the scope of these addressed in guidance, not in
public health and safety or the common requirements. The NRC is also adding a regulations (SRM on SECY–05–0203).
defense and security. Some commenters new provision to § 52.39 to allow ESP These commenters stated that they
argued that the proposed 18-month holders to make changes to the ESP, believed that PRA update frequency
updating requirement may not be including changes to the SSAR, under should also be addressed in guidance
feasible. A commenter gave the the license amendment process. These rather than regulations. These
following example, ‘‘under the NRC’s changes will provide ESP holders with commenters indicated a frequency of
current schedule for the existing ESP additional flexibility to resolve issues once every two operating cycles would
applications for North Anna and Grand that were not addressed in the original be reasonable and consistent with
Gulf, the ESPs will not be issued until ESP review and to achieve finality on existing requirements in 10 CFR
2007, shortly before the planned COL new information. The NRC does not 50.69(e).
applications for those sites. This would believe it is necessary to add rule Additionally, some commenters
result in insufficient time for the language to address the situation where stated the plant-specific PRA used to
updating envisioned by the NRC, and it a COL applicant references an ESP for support a COL application that
would be unfair to those applicants to which there is an amendment review references a design certification would
require them to delay their COL pending before the NRC. The NRC will essentially be the design certification
applications to accommodate the address these situations on a case-by- PRA. These commenters expressed the
updating process. Additionally, the case basis. belief that the plant-specific PRA would
proposed updating process would be Question 10: The Commission is be updated to be consistent with the
inconsistent with § 52.27(c), which considering adopting in the final part 52 PRA scope and quality standards 6
permits a COL application to reference rulemaking a new provision in § 50.71 months before the COL was issued as
an ESP application.’’ that would require combined license plant-specific design and as-built
Several commenters agreed with holders to update the PRA [probabilistic information was developed during
NRC’s proposal to provide the ESP risk assessment] submitted with the construction. Some commenters argued
holder with the option of requesting an combined license application that this would allow (1) an updated
ESP amendment in order to resolve periodically throughout the life of the plant-specific PRA that was
issues that were not addressed at the facility on a schedule similar to the representative of the as-built plant to be
ESP stage or to achieve finality on schedule for final safety analysis report completed, and (2) an updated plant-
updated information. These commenters (FSAR) updates (i.e., at least every 24 specific PRA that would be available
also suggested that a COL applicant months) or, alternatively, on a schedule prior to fuel load for NRC audit and to
should be able to reference an to coincide with every other refueling support plant operations. These
application for an ESP amendment that outage. Updates would be required to commenters suggested that the update
is pending approval by the NRC similar ensure that the information included in of the plant-specific PRA during
to the process that already exists in 10 the PRA contains the latest information construction was a matter suitable for
CFR 52.27(c). developed. The PRA update submittal guidance.
Several commenters expressed the would be required to contain all the Some commenters expressed
belief that a COL applicant should be changes necessary to reflect information confusion over the NRC proposal to
able to make changes or updates to ESP and analyses submitted to the require PRA updates to reflect safety
emergency planning information Commission by the licensee or prepared analyses and evaluations performed by
without NRC approval in accordance by the licensee pursuant to Commission the licensee, and analyses of new safety
with the criteria in 10 CFR 50.54(q) just requirement since the submittal of the issues performed by or on behalf of the
as the remaining safety information can original PRA, or as appropriate, the last licensee at the NRC’s request. These
be revised under § 50.59 once it has update to the PRA under this section. commenters stated that new analyses
and evaluations were often performed appendices A through D in the final part binding. Therefore, the replacement of
using design-basis assumptions that 52 rulemaking. bracketed values with final plant-
may not be appropriate for a PRA. These The Commission also requests specific values does not require an
commenters suggested that only new comments on whether some of NEI’s exemption from the generic technical
analyses that impact the PRA warrant proposed changes accepted in the specifications or investment protection
consideration, and requested guidance AP1000 design certification and short-term availability controls. The
and examples be developed regarding proposed for inclusion in appendices A Commission believes that including this
the information that should be through C should not be included in guidance in each DCR is not necessary.
considered when updating the plant- those appendices in the final part 52 The Commission requests comment on
specific PRA. rulemaking because they are whether there are countervailing
NRC Response: As discussed in unnecessary, or because they would not considerations that favor inclusion of
further detail in Section V.D.6.b of this meet one or more of the change criteria this provision in the DCRs.
document, the Commission is adopting in proposed § 52.63(a)(1). The c. NEI recommended modification of
requirements to require maintenance of Commission is also assessing whether the requirement in Section VIII.C.2 to
a PRA, and periodic upgrades every 4 NEI’s proposed changes which were not delete the phrase ‘‘or licensee’’ because
years, by a COL holder beginning at the adopted in the AP1000 final rulemaking that phrase conflicted with the
time of initial operation. These PRAs should be adopted in the final part 52 requirement in Section VIII.C.6. The
and upgrades are not required to be rulemaking for all four design Commission believes that generic
submitted to the NRC, but instead certifications, including the AP1000. technical specifications should not
should be maintained by the licensee for The Commission is particularly apply to holders of a combined license
NRC inspection. interested in whether there are reasons, because the license will include plant-
Question 11: In a letter dated July 5, other than those presented by NEI, for specific technical specifications.
2005, the Nuclear Energy Institute (NEI) adopting those changes, as well as Therefore, the Commission is
submitted comments on the proposed commenter’s views on the considering amending each of the DCRs
Commission’s reasons for rejecting the to delete the phrase ‘‘or licensee’’ from
rule for the AP1000 design certification.
NEI proposals as stated in the final Section VIII.C.2 and requests public
Many of those comments have generic
AP1000 design certification rulemaking. comment on this approach.
applicability to the three pre-existing a. NEI recommended modification of d. NEI recommended modification of
design certification rules (DCRs) in the generic technical specification the requirement in Section VIII.C.6 to
appendices A through C of 10 CFR part definition in Section II.B to clarify that delete the last portion, which states
52. In the final AP1000 rulemaking bracketed information is not part the ‘‘changes to the plant-specific technical
(January 27, 2006; 71 FR 4464), the DCRs for purposes of the change specifications will be treated as license
Commission adopted some of the NEI- processes in Section VIII.C, and an amendments under 10 CFR 50.90.’’ NEI
recommended changes, while rejecting exemption is not required for plant- stated that this sentence is not necessary
others (71 FR 4465–4468). For those specific departures from bracketed because it is redundant with § 50.90. It
changes that were adopted in the final information. The Commission stated in is not necessary to include a provision
AP1000 design certification, the the section-by-section analysis for the in each DCR stating that a license
Commission indicated that it would AP1000 DCR (71 FR 4464) that some amendment is necessary to make
consider making the same changes to generic technical specifications and changes to technical specifications in
the existing design certifications in investment protection short-term order to render this a legally-binding
appendices A through C. For those availability controls contain values in requirement inasmuch as Section 182.a
changes that were not adopted in the brackets. The values in brackets are of the AEA requires that technical
final AP1000 design certification, the neither part of the DCR nor are they specifications be part of each license.
Commission stated that it would binding. Therefore, the replacement of The Commission believes that clarity
reconsider the issues in the part 52 bracketed values with final plant- and understanding by the reader is
rulemaking, and if the Commission specific values does not require an enhanced by repeating this statutory
changes its position and the change is exemption from the generic technical requirement in each DCR. The
adopted, the Commission would make specifications or investment protection Commission requests comment on
the change for all four design short-term availability controls. The whether there are countervailing
certifications, including the AP1000. Commission believes that including this considerations that favor non-inclusion
The Commission is considering guidance in each DCR is not necessary. of this provision in the DCRs, and may
amending the appropriate sections in The Commission requests comment on decide to remove this provision in the
each DCR based on the comments whether there are countervailing final part 52 rulemaking.
below. The Commission considers most considerations that favor inclusion of e. NEI recommended modification of
of NEI’s proposed changes to be this provision in the DCRs. the requirement in Section X.A.1 to
consistent with proposed § 52.63(a)(1); b. NEI recommended modification of require the design certification
in particular, the Commission believes the Tier 2 definition in Section II.E to applicant to include all generic changes
that the proposed changes would satisfy clarify that bracketed information in the to the generic technical specifications
the ‘‘reduces unnecessary regulatory investment protection short-term and other operational requirements in
burden’’ criterion in proposed availability controls is not part of Tier the generic DCD. The Commission
§ 52.63(a)(1)(iii). The few remaining 2 and thus not subject to the Section believes that inclusion of changes to the
changes, constituting editorial VIII.B change controls. The Commission generic technical specifications and
clarifications or corrections reflecting stated in the section-by-section analysis other operational requirements will
the Commission’s original intent, are for the AP1000 DCR (71 FR 4464) that enhance the generic DCD and facilitate
not subject to the existing change some generic technical specifications its use by referencing applicants. The
restrictions in § 52.63(a)(1). and investment protection short-term Commission is considering amending
Accordingly, the Commission believes availability controls contain values in each of the DCRs to include the generic
that it has authority to incorporate some brackets. The values in brackets are technical specifications and other
or all of the NEI-proposed changes into neither part of the DCR nor are they operational requirements in the generic
DCD and requests public comment on k. NEI recommended modification of the NRC staff’s activities with respect to
this approach. Section VIII.C.3 to require the NRC to ITAAC verification. This is a generic
f. NEI recommended modification of meet the backfit requirements of 10 CFR matter that, if it is to be addressed in a
the requirement in Sections IV.A.2 and 50.109 in addition to the special rulemaking, is more appropriate for
IV.A.3 to be consistent with respect to circumstances in 10 CFR 2.758(b) inclusion in subpart C of part 52 dealing
inclusion of information in the plant- (which has now been designated as with combined licenses. The
specific DCD, or explain the difference § 2.335) in order to require plant- Commission requests comment on
between ‘‘include’’ (IV.A.2) and specific departures from operational whether there are countervailing
‘‘physically include’’ (IV.A.3). The requirements. The Commission believes considerations that favor clarification of
Commission is considering amending that plant-specific departures should this provision in the DCRs.
each of the DCRs to use the same term not have to meet the backfit requirement o. NEI recommended modification of
in both provisions, and requests public for generic changes. The Commission the language in Section IX.B.3 to make
comment on this approach. will have to demonstrate that special editorial changes for clarity, e.g.,
g. NEI recommended modification of circumstances, as defined in § 2.335, are ‘‘ITAAC will expire’’ vs. ‘‘their
the definition in Section II.E.1 to present in order to require a plant- expiration will occur.’’ The Commission
exclude the design-specific probabilistic specific departure. The Commission believes that the original rule language
risk assessment (PRA) and the requests comment on whether there are is acceptable. The Commission requests
evaluation of the severe accident countervailing considerations that comment on whether there are
mitigation design alternatives (SAMDA) would favor modification of this countervailing considerations that favor
from Tier 2 information. The provision in the DCRs. clarification of this provision in the
Commission believes that the PRA and l. NEI recommended modification of DCRs.
SAMDA evaluations do not need to be the requirement in Section VIII.C.4 to p. NEI recommended modification of
included in Tier 2 information because include a requirement that operational the language in Sections X.B.1 and
requirements that were not completely X.B.3 to clarify references to the design
they are not part of the design basis
reviewed and approved by the NRC control documents, e.g., ‘‘plant-specific’’
information. The Commission is
should not be subject to any Tier 2 vs. ‘‘generic.’’ The Commission agrees
considering amending each of the DCRs
change controls, e.g., exemptions. that the references to plant-specific and
to modify the definition of Tier 2, and
However, NEI previously proposed that generic DCD should be clarified in
requests public comment on this
requested departures from Chapter 16 Sections X.B.1 and X.B.3 to ensure that
approach.
by an applicant for a COL require an the requirements in these sections are
h. NEI recommended modification of properly implemented by applicants
exemption (62 FR 25808; May 12, 1997).
the requirement in Section III.E to use referencing the design certification
The Commission believes that the
‘‘site characteristics’’ consistently, rules. The Commission requests public
requirement for an exemption applies to
instead of ‘‘site-specific design comment on this prospective
technical specifications and operational
parameters.’’ The Commission intends modification.
requirements that were completely
to use the term ‘‘characteristics’’ to refer Commenters’ Response: Several
reviewed and approved in the design
to actual values and ‘‘parameters’’ to certification rulemaking (see 62 FR commenters recommended the NRC
refer to postulated values. The 25825). The Commission requests incorporate the NEI recommendations
Commission has proposed amending comment on whether departures from on the AP1000 rule, cited specific NEI
Section III.E of each DCR to use ‘‘site technical specifications and operational recommendations (71 FR 12834–12836),
characteristics,’’ and requests public requirements that were not completely and made additional suggestions and
comment on this approach. reviewed and approved should also clarifications.
i. NEI recommended modification of require an exemption. Regarding NEI recommendations (a)
Section IV.A.2 to clarify the use of m. NEI recommended modification of and (b), several commenters suggested it
‘‘same information’’ and ‘‘generic DCD’’ the requirement in Section VIII.C.4 to would be sufficient if the statements of
in that requirement. The Commission delete the sentence ‘‘The grant of an considerations for the final rule
has proposed amending Section IV.A.2 exemption must be subject to litigation provided the requested clarification,
of each DCR to use the phrase ‘‘same in the same manner as other issues rather than the rule itself.
type of information’’ to avoid confusion, material to the license hearing,’’ in order Regarding NEI recommendation (f),
and requests public comment on this to be consistent with the requirement in several commenters supported the use
approach. Section VI.B.5 of the DCRs. The of the term ‘‘include’’ rather than
j. NEI recommended modification of Commission believes that exemptions ‘‘physically include’’ for requirements
the requirement in Section VIII.B.6.a to from operational requirements should in Section IV of the design certification
delete the sentence ‘‘The departure will not receive finality or be treated as rules concerning content of COLAs.
not be considered a resolved issue, resolved issues (refer to Section VI.C of These commenters also requested
within the meaning of Section VI of this the DCRs). The Commission requests clarification on the permissible method
appendix and 10 CFR 52.63(a)(4),’’ in comment on whether exemptions from of incorporating the generic DCD into
order to be consistent with the operational requirements should be the plant-specific DCD portion of the
requirement in Section VI.B.5 of the considered a resolved issue, and may COL application’s final safety analysis
DCRs. The Commission believes that decide to modify this provision in each report (FSAR), because the current NRC
departures from Tier 2* information DCR. position has apparently ‘‘led to
should not receive finality or be treated n. NEI recommended modification of considerable confusion’’ among COL
as resolved issues within the meaning of the requirement in Section IX.B.1 to preparers. These commenters noted that
section VI.B of the DCRs. The better distinguish between NRC staff in the statements of consideration
Commission requests comment on ITAAC conclusions under proposed accompanying the AP1000 final rule,
whether departures from Tier 2* § 52.99(e) and the Commission’s ITAAC NEI recommended a change to the
information should be considered a finding under proposed § 52.103(g). The Definitions (Section III.B of that rule, 71
resolved issue, and may decide to Commission believes that individual FR 4466). These commenters stated the
remove this provision from each DCR. DCRs should not address the scope of NRC staff disagreed with this
recommendation, saying that ‘‘the certification rules to include a reference brackets are neither part of the design
generic DCD should also be part of the to § 50.109 for these changes. certification rule nor are they binding.
FSAR, not just incorporated by In the discussion of NEI Therefore, the replacement of bracketed
recommendations (l) and (m), several values with final plant-specific values does
reference, in order to facilitate the NRC
not require an exemption from the generic
staff’s review of any departures or commenters mentioned Section VIII.C.4
technical specifications or investment
exemptions.’’ Some commenters of the design certification rules, which protection short-term availability controls.
believed that this NRC position was in states a COL applicant must request an
conflict with the former § 52.79(b), exemption from the NRC if the The NRC believes that the above
which states that the COL application’s applicant wants to depart from the guidance resolves NEI’s concern
FSAR ‘‘may incorporate by reference the generic technical specifications or other regarding bracketed information in the
final safety analysis report for a certified operational requirements. These generic technical specifications.
standard design,’’ and with § 50.32, commenters described this requirement Regarding Question 11.b, the NRC has
which provides for incorporation by as ‘‘unduly burdensome.’’ These decided that modification of the Tier 2
reference to eliminate repetitive commenters noted that the operational definition in Section II.E of the DCRs is
information. Some commenters argued requirements do not have finality under not necessary. The NRC believes that
that although the wording had been Section VI.C of the design certification the previously mentioned guidance
altered, the ability to incorporate by rules, and that no basis existed for resolves NEI’s concern regarding
reference was preserved in proposed applying such a change control process bracketed information in the investment
§§ 52.79 (b) and (c), respectively. These to a COL applicant seeking to change protection short-term availability
commenters claimed this interpretation operational requirements. Some controls located in the Tier 2
of incorporation was validated by NRC commenters cited Section VIII.B.5 of the information.
design certification rules, which states a Regarding Question 11.c, the NRC
staff during the Draft Regulatory Guide
COL applicant may depart from final agrees with NEI’s recommendation and
(DG)–1145 workshops. These
design-related provisions in the design has decided to delete the phrase ‘‘or
commenters stated support for this
certification rule using a ‘‘§ 50.59-like’’ licensee’’ from Section VIII.C.2 of the
interpretation and requested the NRC
process, and argued that imposing an DCRs because the generic technical
explicitly describe that either approach
exemption process with respect to specifications will not apply to holders
is acceptable.
operational provisions was not required. of a combined license.
In discussing NEI recommendation (j), Regarding Question 11.d, the NRC has
several commenters mentioned Section Some commenters recommended
decided not to modify the rule language
VIII.B.6.a of the design certification Section VII.C.4 be amended to state that
in Section VIII.C.6 of the DCRs, which
rules, which states that an applicant a departure from an operational
states that ‘‘changes to the plant-specific
who references the design certification requirement does not require an
technical specifications will be treated
rule must obtain NRC approval for exemption.
Several commenters mentioned as license amendments under 10 CFR
departures from Tier 2* information in 50.90.’’ The Commission believes that
the generic DCD. Some commenters information from NEI’s September 30,
2003, response to the 2003 part 52 this statement provides clarity to this
believed that this section states the requirement.
departure is not considered to be a notice of proposed rulemaking. These
Regarding Question 11.e, the NRC
resolved issue under Section VI of the commenters expressed support for the
agrees with NEI’s recommendation and
design certification rules. Some need to add a basic definition of
has decided to modify the requirement
commenters indicated this was ‘‘departure’’ to the DCRs to be consistent
in Section X.A.1 of the DCRs. The
inconsistent with Section VI.B.5 of the with adding the definition of ‘‘departure
Commission believes that the inclusion
design certification rules, which states from a method of evaluation,’’ and
of changes to the generic technical
that license amendments are considered stated that both should be based on
specifications and other operational
to be resolved. These commenters Regulatory Guide 1.187. The
requirements in the generic design
expressed support for the revision of commenters stated, ‘‘The basic
control document (DCD) will enhance
Section VIII.B.6. of the design definition of ‘change or departure’
the DCD and facilitate its use by
certification rules to make it consistent should precede the definition of
referencing applicants.
with Section VIII.B.5 of the design departure from a method of evaluation.’’ Regarding Question 11.f, the NRC has
certification rules. These commenters Some commenters recommend adding decided to modify Section IV of the
stated that departures from Tier 2* the new definition as paragraph II.G and DCRs to consistently use the term
information that are reviewed and renaming the final two paragraphs as ‘‘include’’ rather than ‘‘physically
approved by the NRC in the combined II.H and II.I. include’’ as recommended by NEI.
license proceeding should have finality NRC Response: In response to Several commenters also requested
for the plant in question. Question 11.a, the NRC has decided that clarification on the permissible method
With respect to NEI recommendation modification of the generic technical of incorporating the generic DCD in the
(k), several commenters expressed specification definition in Section II.B plant-specific DCD portion of the COL
concern that Section VIII.C.3 of the of the DCRs is not necessary. As stated application’s final safety analysis report
design certification rules in the section-by-section analysis for the (FSAR), because the NRC position has
‘‘inappropriately’’ allowed the NRC to AP1000 DCR (71 FR 4475; January 27, apparently ‘‘led to considerable
make changes to operational 2006): confusion’’ among COL preparers. The
requirements in the DCD without Some generic technical specifications and NRC is requiring COL applicants that
satisfying the backfit requirements in investment protection short-term availability reference the DCRs in appendices A
§ 50.109. These commenters stated that controls contain values in brackets [ ]. The through D of part 52 to include the
brackets are placeholders indicating that the
the operational requirements in the NRC’s review is not complete, and represent
generic DCD in the application’s FSAR,
design certification proceeding should a requirement that the applicant for a in order to facilitate the NRC staff’s
be afforded the protection of the backfit combined license referencing the AP1000 review of any departures or exemptions.
rule. Some commenters supported a DCR must replace the values in brackets with Simply incorporating the generic DCD
revision to Section VIII.C.3 of the design final plant-specific values. The values in by reference into the FSAR is not
sufficient because of the manner in significance as Tier 1 information and Regarding Question 11.p, the NRC
which these existing DCDs were would have received the Tier 1 agrees with NEI’s recommendation to
submitted to the NRC. Therefore, designation, except that NRC decided to clarify references to the DCDs in
Section IV.A.2 of the DCRs overrides provide more flexibility for this type of Sections X.B.1 and X.B.3 of the DCRs.
§§ 50.32 and 52.79(d). The NRC is information. The references to plant-specific and
hopeful that future DCRs will not have Regarding Question 11.k, the NRC generic DCD were revised in Sections
to use this special requirement. does not agree with NEI’s X.B.1 and X.B.3 to ensure that the
Regarding Question 11.g, the NRC recommendation to modify Section requirements in these sections will be
agrees with NEI’s recommendation and VIII.C.3 of the DCRs. NEI requests that properly implemented by applicants
has decided to modify the definition of the NRC meet the backfit requirements and licensees that reference the design
Tier 2 in Section II.E.1 of the DCRs to in § 50.109 in addition to the special certification rules.
exclude the design-specific probabilistic circumstances in § 2.335 in order to Question 12: The Commission is
risk assessment (PRA) and the require plant-specific departures from considering adopting in the final part 52
evaluation of the severe accident operational requirements. In the original rulemaking a new provision that would
mitigation design alternatives design certification rulemakings, the either require combined license
(SAMDAs). The NRC believes that the Commission decided on different applicants to submit a detailed schedule
PRA and SAMDA evaluations do not standards for changes made under for the licensee’s completion of ITAAC
need to be included in Tier 2 because Section VIII.C (see Section VI.C and 62 or require the combined license holder
they are not part of the design basis FR 25805; May 12, 1997). The to submit the schedule for ITAAC
information. Also, the revised Section Commission has decided that plant- completion. Delaying submission of the
II.E.1 is now consistent with the specific departures should not have to schedule would allow the combined
requirements in the new § 52.80 meet the backfit requirements in license holder to develop the schedules
regarding PRA and SAMDA evaluations. § 50.109. based on more accurate information
Regarding Question 11.h, the NRC Regarding Question 11.l, the NRC regarding construction schedules and
agrees with NEI’s recommendation to would allow the schedule to be
does not agree with NEI’s
use ‘‘site characteristics’’ instead of submitted at a time when it would be
recommendation to modify Section
‘‘site-specific design parameters’’ in most useful to the NRC for planning
VIII.C.4 of the DCRs. The requirement in
Section III.E of the DCRs. This purposes. The Commission could
Section VIII.C.4 for an applicant to
modification of the rule language in require that applicants submit the
request an exemption applies to generic
Section III.E was made in the proposed schedule within a specified time prior
technical specifications and operational
rule and, therefore, no change was made to scheduled COL issuance—for
requirements that were
to the final rule. example, 3 months prior to COL
Regarding Question 11.i, the NRC comprehensively reviewed and
issuance or within some time period
agrees with NEI’s recommendation to finalized in the design certification
(e.g., 6 months or 1 year) after COL
clarify the rule language in Section rulemaking (see 62 FR 25825; May 12,
issuance. In addition, the Commission is
IV.A.2.a of the DCRs and adopts the 1997). Because this guidance is already
considering an additional element to
phrase ‘‘same type of information’’ to set forth in the section-by-section
this provision that would require that
avoid confusion. An applicant for a discussion for the DCRs, the NRC has
the licensee submit an update to the
combined license must submit, as part decided that changes to the rule
ITAAC schedule within 12 months after
of its application, a plant-specific DCD language are not necessary.
combined license issuance and that the
that contains the same type of Regarding Question 11.m, the NRC licensee update the schedule every 6
information and uses the same does not agree with NEI’s months until 12 months before
organization and numbering as the recommendation to delete the last scheduled fuel load, and monthly
generic DCD. This organization will sentence from Section VIII.C.4 of the thereafter until all ITAAC are complete.
facilitate the NRC staff’s review of the DCRs. This sentence applies to The Commission is considering
plant-specific DCD. The NRC recognizes applicants for a combined license and adopting these requirements to support
that the plant-specific DCD will not the new information is subject to the NRC staff’s inspection and oversight
contain the exact, same information as litigation in the same manner as other with respect to ITAAC completion, and
the generic DCD because the plant- plant-specific issues in the licensing to facilitate publication of the Federal
specific DCD will be modified and hearing. The Commission believes that Register notices of successful
supplemented by the applicant’s exemptions from operational completion of ITAAC as required by
exemptions, departures, and COL action requirements should not receive finality proposed § 52.99(e). The Commission
items. or be treated as resolved issues (refer to requests stakeholder comment on
Regarding Question 11.j, the NRC Section VI.C of the DCRs). whether such a provision, with or
does not agree with NEI’s request to Regarding Question 11.n, the NRC without the update element, should be
modify the requirement in Section does not agree with NEI’s added to the Commission’s regulations
VIII.B.6.a of the DCRs. The Commission recommendation to modify Section and which time frame for submission of
decided during the initial design IX.B.1 of the DCRs. The NRC has the schedule would be most beneficial.
certification rulemakings that decided that individual DCRs should The Commission is also considering
departures from Tier 2* information (by not address the scope of the NRC staff’s adopting a provision that would
an applicant) would not receive finality activities with respect to ITAAC establish a specific time by which the
or be treated as a resolved issue within verification. This is a generic matter that licensee must complete all ITAAC to
the meaning of Section VI of the DCR. was addressed in § 52.99(e). allow sufficient time for the NRC staff
This provision applies to applicants for Regarding Question 11.o, the NRC to verify successful completion of
a combined license and the new does not agree with NEI’s request to ITAAC, without adversely affecting the
information is subject to litigation in the clarify the phrase ‘‘their expiration will licensee’s scheduled date for fuel load
same manner as other plant-specific occur’’ in Section IX.B.3 of the DCRs. and operation. The Commission
issues in the licensing hearing. Also, The NRC has decided that the original considers ‘‘60 days prior to the schedule
Tier 2* information has the same safety rule language is acceptable. date for initial loading of fuel’’ to be a
reasonable time period by which all high cost (stated to be on the order of ITAAC and (2) the NRC expects the
ITAAC must be completed. However, $1,000,000 per day) of such delay. Some notification of ITAAC completion to
the Commission requests comments on commenters suggested the NRC should contain more information than just a
whether this time period would provide be in a position to make a § 52.103(g) simple statement that the licensee
too much or too little time prior to finding promptly following the believes the ITAAC has been completed
scheduled fuel load. Alternatively, the completion of the last ITAAC. and the acceptance criteria met. The
Commission is considering a 30-day or NRC Response: The NRC has decided NRC expects the notification to be
a 90-day time period prior to scheduled to amend § 52.99 to require licensees to sufficiently complete and detailed for a
fuel load. The 30-day option would submit their schedules for completing reasonable person to understand the
allow more flexibility for the licensee to the inspections, tests, or analyses in the bases for the licensee’s representation
complete ITAAC late in construction ITAAC. The NRC has added a new that the inspections, tests, and analyses
but would require immediate action on paragraph (a) in § 52.99 that requires a have been successfully completed and
the part of the NRC (to determine if the licensee to submit to the NRC, no later the acceptance criteria have been met.
final ITAAC were completed than 1 year after issuance of the The term ‘‘sufficient information’’
successfully and, if so, for the combined license or at the start of requires, at a minimum, a summary
Commission to make its finding under construction as defined in 10 CFR 50.10, description of the bases for the
§ 52.103(g)) so as not to delay scheduled whichever is later, its schedule for licensee’s conclusion that the
fuel load. The 90-day option would completing the inspections, tests, or inspections, tests, or analyses have been
reduce licensee flexibility to complete analyses in the ITAAC. Licensees are performed and that the prescribed
ITAAC late in construction but would required to submit updates to the acceptance criteria have been met. The
ensure that the NRC had ample time to ITAAC schedule every 6 months NRC plans to prepare regulatory
make its determination on the final thereafter and, within 1 year of its guidance, in consultation with
ITAAC for Commission review of all scheduled date for initial loading of interested stakeholders, to explain how
ITAAC under § 52.103(g). The fuel, licensees must submit updates to the functional requirement to provide
Commission requests stakeholder the ITAAC schedule every 30 days until ‘‘sufficient information’’ with regard to
comment on whether a provision the final notification is provided to the ITAAC submittals could be met.
requiring completion of ITAAC within a NRC under § 52.99(c)(1). Although The NRC is also revising § 52.99(c) by
certain time period prior to scheduled commenters did not believe that a adding a new paragraph (c)(2) requiring
fuel load should be added to the requirement for submission of a that, if the licensee has not provided, by
Commission’s regulations. schedule was necessary, the NRC the date 225 days before the scheduled
Commenters’ Response: Several believes it is necessary to ensure that date for initial loading of fuel, the
commenters believed it was the NRC has sufficient information to notification required by paragraph (c)(1)
unnecessary to include a requirement plan all of the activities necessary for of this section for all ITAAC, then the
for either the COL applicant or the COL the NRC to support the Commission’s licensee shall notify the NRC that the
holder to submit a detailed schedule for determination as to whether all of the prescribed inspections, tests, or analyses
ITAAC completion because a COL ITAAC have been met prior to initial for all uncompleted ITAAC will be
applicant could provide only a operation. In the event that licensees performed and that the prescribed
progressively less accurate estimated consider their schedule information to acceptance criteria will be met prior to
completion schedule. Some commenters be proprietary, they can request that the operation (consistent with the Section
stated that the COL holder would have schedule be withheld from public 185.b requirement that the Commission,
schedules at the site, and those disclosure under § 2.390. If an applicant ‘‘prior to operation,’’ find that the
schedules would be available for NRC claims that its construction schedule acceptance criteria in the combined
review. Some commenters believed that information submitted to the NRC is license are met). The notification must
COL holders would interact and proprietary, and requests the NRC to be provided no later than the date 225
coordinate with the NRC to ensure that withhold that information under the days before the scheduled date for
NRC had sufficient information to Freedom of Information Act (FOIA), the initial loading of fuel. It is the licensee’s
schedule its inspection activities for NRC will consider that request under burden to demonstrate that it will
ITAAC, making a regulatory the existing rules governing FOIA comply with the ITAAC and it must
requirement for submission of a disclosure in 10 CFR 2.309(a)(4). provide sufficient information to
schedule unnecessary. In addition, these The NRC has also decided to amend demonstrate that the prescribed
commenters noted that a COL applicant/ § 52.99(c) which requires the licensee to inspections, tests, or analyses will be
holder would likely consider detailed notify the NRC that the prescribed performed and the prescribed
schedule information to be proprietary inspections, tests, and analyses in the acceptance criteria for the uncompleted
information, which would make its ITAAC have been or will be completed ITAAC will be met. The term ‘‘sufficient
submission inappropriate. and that the acceptance criteria have information’’ requires, at a minimum, a
Several commenters also stated it was been met. The NRC is revising summary description of the bases for the
‘‘wrong’’ to require completion of § 52.99(c)(1) in the final rule to more licensee’s conclusion that the
ITAAC in a set time period prior to fuel closely follow the language of Section inspections, tests, or analyses will be
loading and operation. These 185b. of the AEA and to clarify that the performed and that the prescribed
commenters indicated that a COL holder notification must contain sufficient acceptance criteria will be met. In
would likely complete several ITAAC information to demonstrate that the addition, ‘‘sufficient information’’
within 30 days of fuel loading and prescribed inspections, tests, and includes, but is not limited to, a
argued that the NRC should not abrogate analyses have been performed and that description of the specific procedures
responsibility by imposing a mandatory the prescribed acceptance criteria have and analytical methods to be used for
delay on licensees. Some commenters been met. The NRC is adding this performing the inspections, tests, and
stated the importance of the NRC clarification to ensure that combined analyses and determining that the
providing the appropriate level of license applicants and holders are aware acceptance criteria have been met.
inspections and reviews to prevent that (1) it is the licensee’s burden to Paragraph (e) has been revised to
delays in fuel load and emphasized the demonstrate compliance with the require that the NRC make available to
the public the notifications to be ‘‘sufficient information’’ that must be Nonetheless, there are several reasons
submitted under § 52.99(c)(1) and (c)(2), submitted under paragraphs (c)(1) and for the Commission to require by rule,
no later than the Federal Register notice (c)(2) demonstrating that the as a matter of discretion, a mandatory
of intended operation and opportunity inspections, tests, or analyses for ITAAC hearing. A manufacturing license may
for hearing on ITAAC under § 52.103(a). have been or will be completed and the be viewed as analogous to a
A conforming change is included in acceptance criteria for the ITAAC have construction permit—a regulatory
§ 2.105(b)(3) to require that the been or will be met. The NRC expects approval for which Section 189 of the
§ 52.103(a) notice reference the public that any contentions submitted by AEA specifically requires that a hearing
availability of the § 52.99(c)(1) and (2) prospective parties regarding be held. Even though the Commission’s
notifications. The NRC is requiring that uncompleted ITAAC would focus on regulations did not address the hearing
the paragraph (c)(2) notification be any inadequacies of the specific requirements for manufacturing
made 225 days before the date procedures and analytical methods licenses, the Commission noticed a
scheduled for initial loading of fuel, in described by the licensee under ‘‘mandatory’’ hearing in connection
order to ensure that the licensee paragraph (c)(2), in the context of the with the only manufacturing license
notifications are publicly available findings called for by § 52.103(b)(2).3 application ever received by the
through the NRC document room and The NRC notes that, even though it Agency. Offshore Power Systems
online through the NRC Web site at the did not include a provision requiring (Floating Nuclear Power Plants), 38 FR
same time that the § 52.103(a) notice is the completion of all ITAAC by a certain 34008 (December 10, 1973).
published in the Federal Register. The time prior to the licensee’s scheduled Accordingly, proposed §§ 2.104 and
NRC’s goal is to publish that notice 210 fuel load date, the NRC will require 52.163 require that a mandatory hearing
days before the date scheduled for fuel some period of time to perform its be held in each proceeding for initial
loading, but in all cases the § 52.103(a) review of the last ITAAC once the issuance of a manufacturing license.
notice would be published no later than licensee submits its notification that the However, the Commission recognizes
180 days before the scheduled fuel load, ITAAC has been successfully completed that there may be countervailing
as required by Section 189.a(1)(B) of the and the acceptance criteria met. In considerations weighing against
AEA. addition, the Commission itself will Commission adoption of a rulemaking
require some period of time to perform provision mandating that a hearing be
Commenters did not support addition
its review of the staff’s conclusions held in connection with the initial
of a requirement on completion of
regarding all of the ITAAC and the issuance of every manufacturing license
ITAAC in a set time period prior to fuel staff’s recommendations regarding the
load and the NRC has not included a where there has been no stakeholder
Commission finding under § 52.103(g). interest in a hearing. If there is no
provision requiring the completion of Therefore, licensees should structure
all ITAAC by a certain time prior to the stakeholder interest in a hearing,
their construction schedules to take into transparency and public confidence
licensee’s scheduled fuel load date. account these time periods. The NRC
Instead, the NRC has decided to modify would not appear to be relevant
staff intends to develop regulatory considerations in favor of holding a
the concept slightly by requiring the guidance on the licensee’s completion
licensee to submit, with respect to mandatory hearing. Considerations of
and NRC verification of ITAAC and will regulatory efficiency and effectiveness
ITAAC which have not yet been provide estimates of the time it expects
completed 225 days before the would be paramount, and would weigh
to take to verify successful completion against holding of a mandatory hearing.
scheduled date for initial loading of of various types of ITAAC. The NRC
fuel, additional information addressing The Commission requests comments on
expects that such guidance, along with
whether those inspections, tests, and whether the Commission should
frequent communication with licensees
analyses will be successfully completed exercise its discretion to provide by rule
during construction, will provide
and the acceptance criteria met before an opportunity for hearing, rather than
licensees with adequate information to
initial operation. In the case where the a mandatory hearing, and the reasons in
plan initial fuel loading and related
licensee has not completed all ITAAC favor of providing an opportunity for
activities.
by 225 days prior to its scheduled fuel Question 13: ML Hearings. As hearing as opposed to holding a
load date, the NRC expects the discussed in Section IV.F.6 of the March mandatory hearing. Based upon the
information that the licensee submits 13, 2006, proposed rule, the public comments, the Commission may
related to uncompleted ITAAC to be Commission proposes, as a matter of adopt a final rule which deletes
sufficiently detailed such that the NRC policy and discretion, that the § 2.104(f), revises § 2.105 (governing the
can determine what activities it will Commission hold a ‘‘mandatory’’ content of a Federal Register notice of
need to undertake to determine if the hearing (i.e., a hearing which, under proposed action where a mandatory
acceptance criteria for each of the NRC requirements in 10 CFR part 2, is hearing is not held under § 2.104) to
uncompleted ITAAC have been met, held regardless of whether the NRC add, as appropriate, references to
once the licensee notifies the NRC that receives any hearing requests or issuance of manufacturing licenses, and
those ITAAC have been successfully petitions to intervene) in connection revised § 52.163 to provide an
completed and their acceptance criteria with the initial issuance of every opportunity for hearing rather than a
met. In addition, the NRC is adopting manufacturing license. The Commission mandatory hearing in connection with
the requirements in paragraphs (c)(1) believes that Section 189.a.(1)(A) of the the initial issuance of a manufacturing
and (c)(2) to ensure that interested AEA does not require that a hearing be license.
persons will have sufficient information held in connection with the initial Commenters’ Response: Several
to address the Atomic Energy Act, issuance of a manufacturing license. commenters stated there was no need to
Section 189.a(1), threshold for require mandatory hearings for
requesting a hearing with respect to 3 Inasmuch as the ITAAC themselves have manufacturing licenses, or that the need
both completed and as-yet uncompleted already been approved by the NRC and their for such hearings was unclear. These
adequacy may not be challenged except under the
ITAAC. The NRC plans to prepare provisions of § 52.103(f), a contention which alleges
commenters expressed the belief that
regulatory guidance providing further the deficiency of the ITAAC is not admissible under such hearings were not an appropriate
explanation of what constitutes § 52.103(b). method for reviewing and resolving
technical issues. Some commenters information would have to meet the certification applicant (or its successor)
advised that the decision to request a special backfit requirement of to obtain amendments to the design
hearing be left to either the NRC staff or § 52.63(a)(1) or reduce an unnecessary certification rule. These commenters
stakeholders. regulatory burden while maintaining believed current regulations prevented
NRC Response: As stated in the protection to public health and safety any amendment to a design once the
statement of considerations for the and the common defense and security. design has been certified by rule (10
March 13, 2006, proposed rule, the NRC The Commission adopted this special CFR 52.63(a)(1)). Some commenters
acknowledges that hearings on initial backfit requirement to restrict changes stated that the design certification
issuances of manufacturing licenses are and to require that everyone meet the applicant should be able to petition the
not required by the AEA (71 FR 12814). same backfit standard for generic NRC for, and obtain, an amendment to
The NRC also agrees with the general changes, thereby ensuring that all plants the design certification rule to
premise of the commenters that built under a referenced DCR would be incorporate ‘‘beneficial’’ changes to the
adjudicatory hearings may not be the standardized. By allowing a DCR design certification, including: (1)
best approach for resolving technical amendment to include generic Design changes that would result in
design issues—especially in resolutions of DAC or other design significant improvements in safety; (2)
uncontested proceedings. Indeed, the information, the Commission would design changes that would result in
NRC removed the opportunity for enhance its goals for design significant improvements in efficiency,
adjudicatory-style hearings for design certification, for example, early reliability and/or economics; (3) design
certifications as part of the 2004 changes resolution of all design issues and changes that result from continuing
to 10 CFR part 2 (January 14, 2004; 69 finality for those issue resolutions, engineering or design work or are
FR 2182). The primary responsibility for which would avoid repetitive required because of lack of availability
determining the safety of an application consideration of design issues in of components specified in the original
is with the NRC staff, and not the individual combined license design certification; and (4) design
presiding officer. This is true regardless proceedings. changes necessary to correct minor
of whether the proceeding is contested There are currently three ways of errors in the original design
or uncontested. Public confidence resolving generic design issues: (1) the certification. Some commenters also
would not seem to be enhanced in any combined license applicant that suggested that where proposed changes
significant manner by the holding of a references a DCR could submit plant- involved changes to Tier 2, the design
hearing where there is no request that specific resolutions in its application, certification applicant should be able to
the NRC hold a hearing. Accordingly, which could result in loss of make such changes using a § 50.59-like
the NRC has decided not to adopt in the standardization; (2) a vendor could change process. One commenter noted
final part 52 rule a requirement for a submit generic resolutions in topical that changes to allow an amendment to
‘‘mandatory’’ hearing in connection reports that, if approved, could but the final design certification could
with issuance of manufacturing would not be required to be referenced potentially simplify COL applications,
licenses. in a combined license application; or (3) reduce NRC staff resource burden, and
Question 14: As discussed in Section the Commission could exempt itself help assure standardization across the
IV.C.5.g of the statements of from the special backfit requirement in industry.
consideration of the March 13, 2006, § 52.63(a)(1) and amend the DCR to NRC Response: The NRC has decided
proposed rule, the proposed rule would incorporate a generic resolution, which to include an amendment process in the
amend the special backfit requirement could result in multiple rulemakings to final rule that: (1) Reduces unnecessary
in 10 CFR 52.63(a)(1) to provide the revise each DCR to incorporate each regulatory burden and maintains
Commission with the ability to make generic resolution. The Commission protection to public health and safety
changes to the design certification rules intends that any review of a proposed and common defense and security; (2)
(DCRs) or the certification information generic resolution would be performed provides the detailed design
in the generic design control documents under the regulations that are applicable information necessary to resolve
that reduce unnecessary regulatory and in effect at the time that the selected design acceptance criteria; (3)
burdens. The underlying rationale for approval or amendment is completed. corrects material errors in the
this provision also forms the basis for Therefore, the NRC is requesting certification information; (4)
amending the Tier 2 change process in public comments on: (1) whether a substantially increases overall safety,
the three DCRs (appendices A, B, and C provision should be added to reliability, or security of a facility and
of part 52) to incorporate the revised § 52.63(a)(1) to allow generic the costs of the change are justified; or
change criteria in 10 CFR 50.59. amendments to design certification (5) contributes to increased
The Commission is considering information that meet applicable standardization of the certification
adopting an additional provision regulations in effect at the time that the information, without meeting the
[§ 52.63(a)(1)(iv)] in the final rule that rulemaking is completed; and (2) special backfit requirement in
would allow amendments of design whether the generic resolutions should § 52.63(a)(1)(ii). These amendments will
certification rules to incorporate generic be incorporated into a DCR without apply to all plants that have referenced
resolutions of design acceptance criteria meeting a backfit requirement, which or will reference the DCR. The NRC
(DAC) or other design information would provide for completion of the believes that these amendments will
without meeting the special backfit design certification information and enhance standardization by further
requirement in the current § 52.63(a)(1). facilitate standardization, or whether an completing or correcting the
The applicants for the current DCRs application for a generic amendment certification information. A detailed
requested use of DAC in lieu of should be required to meet a backfit discussion of the amendment process is
providing detailed design information requirement (e.g., § 50.109). provided in Section V.C.7.g of the
for certain areas of their nuclear plant Commenters’ Response: Some Supplementary Information of this
designs, for example, instrumentation commenters stated that revisions to NRC document.
and control systems. Under the regulations should include the current Question 15: In Section IV.J of the
proposed requirements, a generic 10 CFR 52.63, which they believed SUPPLEMENTARY INFORMATION of the
change to design certification should allow the original design March 13, 2006, proposed rule, the NRC
outlines key principles regarding its existence for almost 30 years, during design certifications, and standard
proposal for reporting requirements that which it was never applied to design approvals in the proposed rule.
implement Section 206 of the Energy applicants. They complained that they A detailed discussion on the
Reorganization Act, as amended, for were not aware, and the NRC had not Commission’s rationale for imposing
part 52 licenses, certifications, and made them aware, of problems that these requirements in the final rule is
approvals. The NRC discusses that the would warrant a change. The provided in Section V.J of the
beginning of the ‘‘regulatory life’’ of a commenters noted that applicants take SUPPLEMENTARY INFORMATION of this
referenced license, standard design measures to ensure that they were made document.
approval, or standard design aware of any errors and deficiencies
identified by contractors and suppliers V. Discussion of Substantive Changes
certification under part 52 occurs when
for work performed on commercial and Responses to Significant Comments
an application for a license, design
approval, or design certification is nuclear projects, because applicants A. Introduction
docketed. The NRC also cautions, eventually become holders, and
The changes to 10 CFR Chapter I are
however, that this does not mean that an licensees and want equipment to
further discussed by part. Changes to
applicant is without Section 206 operate correctly. Several commenters
parts 52 and 50 are discussed first,
responsibilities for pre-application were also concerned that the proposal
followed by changes to other parts in
activities because there are two aspects was contrary to the Energy
numerical order. Within each part,
to the reporting requirements, namely, a Reorganization Act (ERA), which was
general topics are discussed first,
‘‘backward looking’’ or retrospective the basis for part 21. They believed it
followed by discussion of changes to
aspect with respect to existing would be inappropriate and contrary to
the ERA to apply part 21 to applicants. individual sections as necessary. In
information, and a ‘‘forward looking’’ or addition to the substantive changes, rule
prospective aspect with respect to future They stated part 21 was established to
implement § 206 of the ERA, which language was revised to make
information. For an early site permit conforming administrative changes (e.g.,
applicant, the retrospective obligation is applies to ‘‘licensees’’ and vendors,
suppliers, and contractors of licensees, identification of regulations containing
that the early site permit holder and its information collection requirements in
contractors, upon issuance of the early not to ‘‘applicants.’’ These commenters
cited 10 CFR 21.2, stating that the § 52.11), correct typographic errors,
site permit, must report all known adopt consistent terminology (e.g.,
defects or failures to comply in ‘‘basic existing regulations of part 21 apply
only to entities licensed to possess, use, ‘‘makes the finding under § 52.103(g)’’),
components,’’ as defined in part 21. correct grammar, and adopt plain
Under the proposed part 21 or transfer radioactive material within
the United States, or to construct, English. These changes are not
requirements presented in the proposed discussed further.
rule, the early site permit holder and its manufacture, possess, own, operate, or
contractors are required to meet these transfer within the United States, any B. Testing Requirements for Advanced
requirements upon issuance of the early production or utilization facility or fuel Reactors
site permit. Accordingly, applicants storage facility. The commenter believed
applicants did not fall within the scope This rule amends §§ 50.43, 52.47,
should procure and control safety- 52.79, and 52.157 to achieve clarity and
related design and analysis or of § 206 of the ERA, and it was
inconsistent with the Act to expand the consistency in the testing requirements
consulting services in a manner for advanced reactor designs and plants.
sufficient to allow the early site permit scope of § 21.2 to include applicants.
Some commenters also noted that it This amendment requires applicants for
holder and its contractors to comply a combined license, operating license,
had been the standard practice for a
with the above described reporting or manufacturing license that use new
construction permit (CP) applicant to
requirements of Section 206, as safety features but do not reference a
specify part 21 requirements in its
implemented by part 21. A similar certified advanced reactor design to also
procurement contracts for a plant prior
argument applies to design certification perform the design qualification testing
to issuance of the construction permit.
applicants. Although the Commission required of certain applicants for design
Some commenters agreed with this
has not proposed an explicit certification. If a combined license
practice because part 21 was applicable
requirement imposing part 21 on application references a certified design,
to such contracts once the CP was
applicants for an early site permit or issued by the NRC, and expected that the necessary qualification testing will
design certification in the proposed this ‘‘good practice’’ would be have been performed under
rule, it is considering adopting such a implemented by COL applicants as well. § 52.47(c)(2). The codification of testing
requirement in the final part 52 From a ‘‘practical perspective,’’ the requirements in the original § 52.47 was
rulemaking because, as a practical commenters believed this negated the a principal issue during the
matter, the NRC has to require these need to expand part 21 to applicants. development of 10 CFR part 52 (see
applicants to implement a part 21 Some commenters argued that the Section II of 54 FR 15372; April 18,
program before approval of the early site obligations for applicants to provide 1989). The requirement to demonstrate
permit or design certification. Therefore, information to the NRC under proposed the performance of new safety features
providing explicit part 21 requirements § 52.6(a) was broader than the obligation for nuclear power plants that differ
for applicants would clarify the in part 21, and would require applicants significantly from evolutionary light-
Commission’s intent. The Commission to update and correct their applications water reactors or that use simplified,
requests stakeholder comment on to account for the types of defects and inherent, passive, or other innovative
whether it should, in the final rule, noncompliances covered by part 21. means to accomplish their safety
impose part 21 reporting requirements These commenters stated the industry functions (advanced reactors), were
on applicants for early site permits and had no objection to proposed § 52.6(a), included in 10 CFR part 52 to ensure
design certifications. which should therefore eliminate the that these new safety features will
Commenters’ Response: Several need to apply part 21 to applicants. perform as predicted in the applicant’s
commenters were opposed to the NRC Response: The Commission safety analysis report, to provide
proposed changes to part 21. Some proposed part 21 reporting requirements sufficient data to validate analytical
commenters stated part 21 had been in on applicants for early site permits, codes, and that the effects of systems
interactions are acceptable. The design and that prototype testing is likely to be standard design approval, standard
qualification testing requirements may required for certification of advanced design certification, or a manufacturing
be met with either separate effects or non-light-water designs (see Advanced license.
integral system tests; prototype tests; or Reactor Policy Statement at 51 FR In addition, the NRC is revising
a combination of tests, analyses, and 24646; July 8, 1986, and the statement § 52.79 to include a requirement that a
operating experience. These of consideration for 10 CFR part 52, 54 combined license application
requirements implement the FR 15372; April 18, 1989), this rule does referencing a certified design must
Commission’s policy on proof-of- not require the use of a prototype plant contain information sufficient to
performance testing for all advanced for qualification testing. Rather, this rule demonstrate that the design of the
reactors and its goal of resolving all provides that if a prototype plant is used facility falls within the site
safety issues before authorizing to qualify an advanced reactor design, characteristics and design parameters
construction. then additional conditions may be specified in the early site permit.
Some commenters stated that it is required for the licensed prototype plant Former § 52.79 included a requirement
unnecessary to apply qualification to compensate for any uncertainties that a combined license application
testing requirements to combined with the unproven safety features. Also, referencing an early site permit contain
license applicants. The Commission the prototype plant could be used for information sufficient to demonstrate
does not agree because, when it commercial operation. that the design of the facility falls
reformed the licensing process for new within the parameters specified in the
nuclear plants with the issuance of part C. Changes to 10 CFR Part 52 early site permit. The NRC interprets
52, the Commission required applicants 1. Use of Terms: Site Characteristics, parameters to mean the site
to demonstrate that new safety features Site Parameters, Design Characteristics, characteristics and design parameters as
will perform as predicted in the final and Design Parameters in §§ 52.1, 52.17, defined in § 52.1. The NRC is making
safety analysis report. Although the 52.U0 , 52.39, 52.47, 52.54, 52.79, 52.93, similar changes to §§ 52.39 and 52.93.
focus of the NRC at that time was on 52.157, 52.158, 52.167, 52.171, and The need for these changes became
applications for design certification, the Appendices A, B, and C to Part 52 evident during NRC’s review of the pilot
Commission intended that testing to early site permit applications. Because
qualify new design features (proof-of- The NRC is revising 10 CFR part 52 the NRC is relying on certain design
performance testing) would be required to clarify the use of the terms, site parameters specified in the early site
for all advanced reactors, including characteristics, site parameters, design permit applications to reach its
custom designs (see Question 6 at 51 FR characteristics, and design parameters, conclusions on site suitability, these
24 646; July 8, 1986). Furthermore, it in order to ensure that the NRC’s design parameters will be included in
would make no sense for the requirements governing applications for any early site permit issued. The NRC
Commission to require qualification and issuance of early site permits, believes that these changes, in the
testing for design certification design approvals, design certifications, aggregate, will provide sufficient
applicants (so-called paper designs) and combined licenses, and manufacturing clarification on the use of the terms in
not require testing for applications to licenses are expressed in clear and question.
build and operate an advanced nuclear unambiguous terms. This final rule adds As the NRC completes its review of
power plant. Therefore, the NRC has or revises these terms where necessary the first early site permit applications
implemented its intent in adopting part to reflect this clarification. and prepares for the submittal of the
52 to resolve issues early and its policy Corresponding changes are made to first combined license application, it is
on advanced reactors that it is necessary §§ 52.17, 52.24, 52.39, 52.47, 52.54, focusing on the interaction among the
to demonstrate the performance of new 52.79, 52.93, 52.157, 52.158, 52.167, early site permit, design certification,
or innovative safety features through 52.171, and Section III.E of appendices and combined license processes. The
design qualification testing for all A, B, and C to part 52. NRC believes that its review of a
advanced nuclear reactor designs or The NRC is also adding definitions of combined license application that
plants (including nuclear reactors the terms design characteristics, design references an early site permit will
manufactured under a manufacturing parameters, site characteristics, and site involve a comparison to ensure that the
license). parameters to § 52.1 to clarify the use of actual characteristics of the design
This amendment also includes a these terms. Design characteristics are chosen by the combined license
requirement in § 50.43(e)(2) for defined as the actual features of a applicant fall within the design
licensing a prototype plant, as defined reactor. Design characteristics are parameters specified in the early site
in §§ 50.2 and 52.1, if the plant is used specified in a standard design approval, permit. NRC review of a combined
to meet the testing requirements in a standard design certification, a license application that references a
§ 50.43(e)(1). The new § 50.43(e) states combined license application, or a design certification will involve a
that, if a prototype plant is used to manufacturing license. Design comparison to ensure that the actual
comply with the qualification testing parameters are defined as the postulated characteristics of the site chosen by the
requirements, the NRC may impose features of a reactor or reactors that combined license applicant fall within
additional requirements on siting, safety could be built at a proposed site. Design the site parameters in the design
features, or operational conditions for parameters are specified in an early site certification. Similarly, if a combined
the prototype plant to compensate for permit. Site characteristics are defined license applicant references both an
any uncertainties associated with the as the actual physical, environmental early site permit and a design
performance of the new or innovative and demographic features of a site. Site certification, the NRC will review the
safety features in the prototype plant. characteristics are specified in an early application to ensure that the site
Some commenters stated that it would site permit or in a final safety analysis characteristics in the early site permit
be inappropriate to establish or impose report for a combined license. Site fall within the site parameters in the
prototype testing on combined license parameters are defined as the postulated referenced design certification and that
applicants. Although the Commission physical, environmental and the actual characteristics of the certified
stated that it favors the use of demographic features of an assumed design fall within the design parameters
prototypical demonstration facilities site. Site parameters are specified in a in the early site permit. For these
reasons, the NRC believes it is important 4. Changes to a Design Certification, 1’’ information). For a manufacturing
to make the changes described above in Departures, Variances, Exemptions license, a departure is a deviation from
order to clarify these terms and their use External stakeholders have expressed any design information approved in the
in part 52 licensing processes. confusion over the years in public manufacturing license, including
meetings and in written comments technical specifications, site parameters
2. Issuance of Combined and and design characteristics, and interface
Manufacturing Licenses (§§ 52.97 and submitted under various circumstances
with respect to the meaning of the requirements.4 A departure may be
52.167) distinguished from a change to a
terms, change to a design certification,
Current § 50.50 sets forth the NRC’s departures, variances, and exemptions. standard design certification rule (i.e., a
To clarify the meaning of these terms, change to Tier 1 or Tier 2 information
authority to include conditions and
the Commission provides the following in a design certification rule) or a
limitations in permits and licenses
explanation of these terms. change to the design approved in a
issued by the NRC under part 50.
manufacturing license by recalling that
Similar language delineating the NRC’s a. Change to a Design Certification a departure is plant-specific. Therefore,
authority in this regard is also set forth a departure:
in § 52.24 for early site permits, but is A change to a design certification is
a generic change to the design • Concerns certified design
not included in part 52 with respect to information or manufacturing license
either combined licenses or certification information which is
approved by the Commission in a information.
manufacturing licenses. There are two • Is requested by the applicant/
standard design certification rule under
possible ways of addressing this licensee referencing a design
subpart B of part 52. In the four design
omission: § 50.50 could be revised to certification or the use of a
certifications currently approved by the
refer to combined licenses and manufactured reactor.
Commission, the design certification
manufacturing licenses, or provisions
information which is approved by the • Applies only to the design of the
analogous to § 50.50 could be added to Commission is either ‘‘certified nuclear power reactor referencing the
the appropriate sections in part 52 for information’’ and is designated as ‘‘Tier design certification or the manufactured
combined licenses and manufacturing 1,’’ or is ‘‘approved’’ and is designated reactor for which a departure is sought
licenses. Inasmuch as the NRC’s as ‘‘Tier 2.’’ The term ‘‘generic,’’ means by the applicant/licensee.
inclusion of appropriate conditions in that if the Commission makes a change • Requires the applicant/licensee to
combined licenses is not a technical to the design certification, § 52.63(a) obtain an exemption from the
matter per se but rather a matter of requires that the change (‘‘modification’’ referenced design certification if the
regulatory authority, the most under § 52.63(a)(3)) be applied to each proposed departure is inconsistent with
appropriate location for this provision plant referencing the design certification one or more of the Commission’s
appears to be in part 52. Inclusion of rule. regulations. The exemption would be
these provisions in appropriate portions A change to a design certification may granted under the provisions of § 52.7
of part 52 would be consistent with the be distinguished from a departure or (which references the same criteria for
provision applicable to early site variance by understanding that a change the granting of exemptions that are set
permits in § 52.24. Accordingly, the is generic. Therefore, a change to a forth in § 50.12).
NRC is adding the language in § 52.97(c) design certification is: c. Variance
for combined licenses, and § 52.167(b) (1) Requested by the original design
A variance is a plant-specific
for manufacturing licenses, which are certification applicant in accordance
‘‘deviation’’ from one or more of the site
analogous to § 50.50. with 10 CFR 2.811 (see 10 CFR
characteristics, design parameters, or
2.800(c)), or by any other member of the
3. NRC Staff Information Requests terms and conditions of an early site
public, in a petition for rulemaking
permit, or from the site safety analysis
Section 52.47(a)(3) of the 1989 part 52 under 10 CFR 2.802;
report. A variance to an early site permit
rulemaking provided that the NRC staff (2) Applies to all past nuclear power
is analogous to a departure to a standard
would advise the design certification reactors (including manufactured
design certification, in that it is plant-
reactors) whose applications have
applicant on whether there was any specific. Therefore, a variance:
referenced the design certification, as (1) Concerns information addressed in
additional information beyond that
well as future reactors referencing the an early site permit;
required to be submitted by that section,
design certification rule; and (2) Is requested by the applicant
that must be submitted. The March 2006 (3) Requires the Commission provide
proposed rule included analogous referencing an early site permit;
an exemption to the applicant, if the (3) Applies only to the construction
provisions (§§ 52.17(d), 52.79(a)(42), proposed change is inconsistent with
52.137(a)(27), and 52.157(p)) for each of permit or combined license referencing
the one or more of the Commission’s the early site permit; and
the other licensing and regulatory regulations.
approval processes in part 52. Upon (4) Requires the applicant to also
further consideration in response to a b. Departure obtain an exemption from the
comment on the March 2006 proposed Commission’s regulations if the
A departure as a plant-specific
rule, the Commission has decided that proposed variance is inconsistent with
‘‘deviation’’ from design information in
these provisions are redundant to one or more of the Commission’s
either a standard design certification or
§ 2.102(a), which provides the NRC staff regulations.
a manufacturing license. For a design
with overall authority to request certification, a departure is a deviation 4 As discussed in the section-by-section
information to support their review of from the certification information which discussion for § 52.171, a departure requested by a
an application. Accordingly, is certified by the Commission in a holder of a combined license referencing a

§§ 52.17(d), 52.79(a)(42), 52.137(a)(27), standard design certification rule (for manufactured reactor must be in the form of a
license amendment, but the criteria for determining
and 52.157(p) of the proposed rule have the current four design certification the request will be the exemption criteria in § 52.7
not been adopted in the final rule, and rules in appendices A through D of part even though the departure itself may not involve an
§ 52.47(a)(3) is removed from part 52. 52, the certification information is ‘‘Tier exemption.
d. Exemption as Section 103 licenses.5 Accordingly, Accordingly, in the March 2006

the NRC is revising the scope of part 52 proposed rule, the Commission
An exemption is a Commission- to limit its applicability to licenses proposed a different approach, viz.,
granted dispensation from compliance issued under Section 103 of the AEA. making conforming changes to all of the
with one or more of the Commission’s Paragraph (b) of § 52.0 is a new regulations in 10 CFR Chapter I to
rules and regulations which would provision that makes clear that the specify their applicability to the
otherwise apply to an entity, a license, regulations in 10 CFR Chapter I apply to relevant part 52 regulatory processes,
permit or other approval such as a a holder of, or applicant for an approval, and to add proposed § 52.0(b) to make
standard design certification rule. certification, permit, or license issued clear that the regulations in 10 CFR
Exemption from the requirements in under part 52 and that any license, Chapter I apply to the relevant part 52
part 26, or from the requirements in any approval, certification, or permit, issued regulatory processes, and holders and
particular design certification rule under 10 CFR part 52 must comply with applicants under part 52. The
would be provided under § 52.7. these regulations. The need for this Commission did not receive any
Exemption from an underlying technical paragraph was determined as a result of comments calling into question the
requirement in part 50 would be the July 3, 2003 (68 FR 40026) proposed legality of this approach, or otherwise
provided under § 50.12. This would be rule on part 52. In that proposed rule, questioning the clarity of the proposed
true even in the course of Commission the Commission proposed a new § 52.5 regulatory language. Accordingly, the
adoption of a design certification rule. listing all of the licensing provisions in Commission is adopting this approach
For example, if the design certification 10 CFR part 50 that also apply to all of in the final part 52, including § 52.0(b).
did not, at the time of final rulemaking, the licensing processes in 10 CFR part As discussed elsewhere in this
comply with a technical requirement in 52. This proposal responded to a letter document, the NRC is retaining
part 50, the Commission would provide dated November 13, 2001, from the appendix N in part 52, and revising this
an exemption to that requirement as Nuclear Energy Institute (NEI), which appendix to apply to part 52 combined
part of the final design certification stated: licenses. The provisions of appendix N
rulemaking. Moreover, if the nature of The industry proposes that additional to part 52 concern applicants for
the technical requirement is such that a General Provisions be added to Part 52 in combined licenses under part 52.
subsequent applicant referencing the addition to an appropriate provision on Therefore, the applicability language in
design certification would need an Written Communications. This approach is § 52.0, by referring to ‘‘licenses’’ under
exemption from compliance with the preferable to including cross-references in part 52, need not specifically refer to
Part 52 to Part 50 general provisions because appendix N to part 52.
requirement as applied to the applicant, these provisions typically must be tailored to
then the Commission would include the apply appropriately to the variety of b. Section 52.1, Definitions
exemption in the design certification licensing processes in Part 52.
Section 52.1 (formerly, § 52.3) is
rule itself. Section 52.5, as proposed in 2003, revised by adding definitions for
5. General Provisions would have clarified that the general decommission, license, licensee, major
provisions in 10 CFR part 50 were also feature of the emergency plans,
a. Section 52.0, Scope; Applicability of applicable to the new licensing manufacturing license, modular design,
10 CFR Chapter I Provisions processes for early site permits, prototype plant, and standard design
The Commission is redesignating standard design certifications, and approval. A definition of decommission,
former § 52.1, Scope, as § 52.0, Scope; combined licenses in part 52 (as well as which is identical to that in 10 CFR part
applicability of 10 CFR Chapter I the licensing and approval processes in 50, is added to part 52 because the final
provisions, in order to add additional appendices M, N, O, and Q which were part 52 rulemaking addresses
sections in the General Provisions added to part 52 by the 1989 part 52 decommissioning of nuclear power
portion of part 52. As discussed rulemaking). Although the general reactors with combined licenses under
elsewhere, the Commission has decided provisions in part 50 did not part 52. Definitions of license and
specifically refer to the additional licensee are added to facilitate the use
general provisions, common to all
licensing processes in 10 CFR part 52 of these terms throughout part 52. These
substantive parts in 10 CFR Chapter I,
(and no changes to the language of those definitions were derived from the
should be added to part 52. To provide
general provisions was proposed), the definitions in § 2.4, but were modified
enough section numbers, it is necessary
Commission believed that proposed to reflect the regulatory processes in
to redesignate former § 52.1 as § 52.0.
§ 52.5 would make clear that a holder of, part 52. The definitions of these terms
Paragraph (a) of § 52.0 is derived from or applicant for an approval, in part 2 are modified to be consistent
the text of former § 52.1, but is revised certification, permit, or license issued with the definitions in part 52, and the
to include standard design approvals under part 52 must also comply with definitions of these terms are added in
and manufacturing licenses within the those general provisions. part 50, to ensure consistency among
scope of part 52, and to remove However, few commenters on the July parts 2, 50, and 52. Definitions of
references to Section 104.b of Atomic 2003 proposed rule believed that the manufacturing license and standard
Energy Act of 1954 (AEA), thereby proposed § 52.5 would provide greater design approval are added to part 52 so
providing that licenses issued under clarity. On the contrary, some that each of these part 52 license types
part 52 are licenses issued under commenters indicated that § 52.5 was are defined.
Section 103 of the AEA. After passage overly broad and would impose A definition of modular design is
of the 1970 amendments to the AEA, all burdensome and seemingly added to explain the type of modular
licenses for commercial nuclear power inappropriate new requirements on reactor design which is the subject of
plants with construction permits issued applicants for design certifications that the second sentence of § 52.103(g). That
after the date of the amendments were were unwarranted. provision is added to part 52 to facilitate
required to be issued as Section 103 the licensing of nuclear plants, such as
licenses. The NRC interprets the 1970 5 This may be an academic distinction, in light of
the Modular High Temperature Gas-
the Energy Policy Act of 2005, Pub. L. No. 109–58,
amendment as requiring combined which removed the need for antitrust reviews of Cooled Reactor (MHTGR) and Power
licenses under Section 185 to be issued new utilization facilities. Reactor Innovative Small Module
(PRISM) designs, consisting of three or c. Section 52.2, Interpretations; and Section 52.7, which is essentially
four nuclear reactors in a single power § 52.4, Deliberate Misconduct identical with current § 50.12, is added
block with a shared power conversion The former section on interpretations to address the procedure and criteria for
system. During the period that the in § 52.5 is retained and redesignated obtaining an exemption from the
power block is under construction, the without change as § 52.2. The former requirements of part 52. Although part
NRC could separately authorize section on deliberate misconduct in 50 contains a provision (§ 50.12) for
operation for each nuclear reactor when § 52.9 is retained and redesignated obtaining specific exemptions, § 50.12
each reactor and all of its necessary without change as § 52.4. by its terms applies only to exemptions
support systems were completed. In from part 50. Although it would be
view of the several definitions of d. Section 52.3, Written possible to revise § 50.12 so that its
‘‘modular reactor’’ which are used Communications; § 52.5, Employee provisions apply to exemptions from
within the nuclear industry, the Protection; § 52.6, Completeness and part 52, this is inconsistent with the
Commission intends to avoid future Accuracy of Information; § 52.7, general regulatory structure of 10 CFR,
disputes regarding the intended Specific Exemptions; § 52.8, Combining wherein each part is treated as a
applicability of § 52.103(g) by defining Licenses; § 52.9, Jurisdictional Limits; separate and independent regulatory
the term, modular design, for purposes and § 52.10, Attacks and Destructive unit. The NRC notes that the exemption
of part 52. Acts provisions in § 52.7 are generally
The definition of major feature of the applicable to part 52, and do not
Section 52.3, Written
emergency plans is being added in the supercede or otherwise diminish more
communications, which is essentially
final rule, based on commenters’ specific exemption provisions that are
identical with the current § 50.4, is
responses to Question 2 in Section V of in part 52.
added to address the requirements for
the Supplementary Information of the Section 52.8, which combines into a
correspondence, reports, applications,
2006 proposed rule, to clarify what is single section regulatory provisions
and other written communications from
meant by this term as it is used in which are addressed in separate
applicants, licensees, or holders of a
§§ 52.17, 52.18, 52.39, and 52.79. The regulations in part 50, is added to clarify
definition states that a major feature of standard design approval to the NRC that these regulatory provisions also
the emergency plans means an aspect of concerning the regulations in part 52. apply to part 52 licenses.
those plans necessary to: (1) address in Section 52.5, which is largely Paragraph (a) of § 52.8, which is
whole or part, one or more of the sixteen identical with the current § 50.7, is analogous to § 50.31, is added to make
standards in § 50.47(b), or (2) describe added to make clear that discrimination clear that an applicant for a license
the emergency planning zones as against an employee for engaging in under part 52 may combine in one
required in § 50.33(g). The goal of the certain protected activities concerning application, several applications for
‘‘major features’’ option in § 52.17(b) is the regulations in part 52 is prohibited. different kinds of licenses under various
an NRC finding that the proposed major This section differs from its part 50 regulations in 10 CFR Chapter I. Section
features are acceptable as elements of a counterpart, in that the Commission has 50.31 currently provides that an
complete and integrated emergency plan added a provision on coordination with applicant may combine in one
that would be considered later, when the requirements in 10 CFR part 19. application, several applications for
the early site permit is referenced in a Section 52.6, which is identical with different kinds of licenses under various
license application. This is not the same the current § 50.9, is added to require regulations in 10 CFR Chapter I. The
level of finality as the ‘‘reasonable that information provided to the plain reading of this language, given
assurance’’ finding that would be made Commission by a licensee, a holder of that this provision is located in part 50,
in connection with the approval of a a standard design approval, and an is that a part 50 application may contain
completed and integrated plan. applicant under part 52, and in one application other applications for
However, the NRC would not re-review, information required by statute or by the different licenses in other parts of 10
at the COL stage, information that NRC’s regulations, orders, or license CFR Chapter I. Thus, § 50.31 would not
provided the basis for the NRC approval conditions to be maintained by a appear to allow a part 52 application (as
of major features in an ESP but would licensee, holder of a standard design for a combined license) to combine in
address integration of approved major approval, and applicant under part 52 one application other applications for
features with the balance of emergency (including the applicant for a standard different license in other parts of 10 CFR
planning information provided in the design certification under part 52 Chapter I. Accordingly, paragraph (a) of
COL applications necessary to support following Commission adoption of a § 52.8 of the final rule makes clear that
the NRC’s reasonable assurance finding; final design certification rule) be a part 52 application may be combined
and updated emergency planning complete and accurate in all material with applications for different licenses
information required by § 52.39(b). respects. The Commission has corrected in other parts of 10 CFR Chapter I. This
A definition of prototype plant is an error in the proposed rule version of provision was not included in the
added to explain the type of nuclear paragraph (a) of § 52.6. In the proposed March 2006 proposed rule, inasmuch as
power plant that the NRC is addressing rule, the first sentence began, the NRC determined the desirability of
in §§ 52.43, 52.47(b), 52.79, and 52.157. ‘‘Information provided to the including in part 52 a provision
A prototype plant is a licensed nuclear Commission by a licensee (including a analogous to § 50.31 only after the
reactor test facility that is similar to and construction permit holder, and a publication of the March 2006 proposed
representative of either the first-of-a- combined license holder) * * *.’’ In the rule.
kind or standard nuclear plant design in final rule, this phrase has been corrected Paragraph (b) of § 52.8, which is
all features and size, but may have to read, ‘‘Information provided to the analogous to § 50.32, is added to make
additional safety features. The purpose Commission by a licensee (including an clear that an applicant for a license,
of the prototype plant is to perform early site permit holder, a combined standard design certification, or design
testing of new or innovative safety license holder, and a manufacturing approval under part 52 may incorporate
features for the first-of-a-kind nuclear license holder) * * *.’’ This provision by reference in its application
plant design, as well as being used as a applies to licenses issued under part 52 information contained in other
commercial nuclear power facility. and not to licenses issued under part 50. documents provided to the Commission,
but must clearly specify the information with § 50.13. Inclusion of this provision significant impediment to the
to be incorporated. This provision was in part 52 makes clear that applications development of emergency plans that
also not included in the March 2006 for combined licenses, manufacturing cannot be mitigated or eliminated by
proposed rule, inasmuch as the NRC licenses, design certification measures proposed by the applicant
determined the desirability of including rulemakings, standard design approvals, [emphasis added].
in part 52 a provision analogous to and amendments to these licenses, The NRC is amending
§ 50.32 only after the publication of the rulemakings, and approvals under part §§ 52.17(b)(2)(i), 52.17(b)(2)(ii), and
March 2006 proposed rule. 52 need not provide design features or 52.18 to clarify that any emergency
Paragraph (c) of § 52.8, which is other measures for protection of nuclear plans or major features of emergency
analogous to § 50.52, is added to clarify power plants against attacks by enemies plans proposed by early site permit
the Commission’s authority under of the United States, or the use of applicants must be in accordance with
Section 161.h of the AEA to combine weapons deployed by U.S. defense the applicable standards of 10 CFR
NRC licenses, such as a special nuclear activities. In adding § 52.10, the 50.47 and the requirements of appendix
materials license under part 70 for the Commission emphasizes that it is not E to part 50. These changes clarify the
reactor fuel, with a combined license changing in any way, nor is it intending standards applicable to emergency
under part 52. Analogous to the to revisit in this rulemaking, the preparedness information supplied with
situation with respect to § 50.31, the Commission’s determination with an early site permit application. The
language in § 50.52 would not appear to respect to the lack of need for design NRC is also amending §§ 52.17(b)(1),
allow the Commission to combine into features or other measures for protection (b)(2), and (b)(4) to indicate that the
a single part 52 license, other non-part of nuclear power plants against attacks emergency preparedness information
52 licenses. Inasmuch as these changes by enemies of the United States, or the supplied in the early site permit
to § 52.8 constitute revisions to the use of weapons deployed by U.S. application must be included in the site
Commission’s rules of procedure and defense activities. The Commission is safety analysis report. This change is
practice, the Commission may adopt simply making it clear that its necessary for consistency with past
them in final form without further longstanding determination applies to practice and with the requirements for
notice and comment, under the applications under part 52 just as it combined license applicants in
rulemaking provisions of the APA, 5 applies to applications under part 50. § 52.79(a) that require emergency
U.S.C. 553(b)(A). preparedness information to be
Section 52.9, which is identical with 6. Subpart A, Early Site Permits included in the final safety analysis
§ 50.53, is added to clarify that NRC a. Emergency Preparedness report. Note that the proposed rule only
licenses issued under part 52 do not Requirements for Early Site Permit included these changes in § 52.17(b)(2).
authorize activities which are not under Applicants In the final rule, the NRC is making the
or within the jurisdiction of the United additional conforming changes in
States; an example would be the The NRC is amending §§ 52.17(b), §§ 52.17(b)(1) and (b)(4).
construction of a nuclear power reactor 52.18, and 52.39 to address changes to The NRC is adding new § 52.17(b)(3)
outside the territorial jurisdiction of the emergency preparedness requirements to require that any complete and
United States which uses a design for early site permit applicants. The integrated emergency plans submitted
identical to that approved in a standard NRC is amending § 52.17(b)(1), which for review in an early site permit
design certification rule in part 52. requires that an early site permit application must include the proposed
Section 52.10 is added because there application identify physical inspections, tests, and analyses that the
is no specific provision in part 52 characteristics unique to the proposed holder of a combined license
specifying that the Commission’s site that could pose a significant referencing the early site permit shall
longstanding determination with respect impediment to the development of perform, and the acceptance criteria that
to the lack of need for design features emergency plans. The NRC is adding a are necessary and sufficient to provide
and other measures for protection of sentence to require that, if physical reasonable assurance that, if the
nuclear power plants against attacks by characteristics that could pose a inspections, tests, and analyses are
enemies of the United States, or the use significant impediment to the performed and the acceptance criteria
of weapons deployed by United States development of emergency plans are met, the facility has been constructed
defense activities, applies to part 52 identified, the application must identify and would operate in conformity with
applicants. The Commission’s measures that would, when the license, the provisions of the AEA,
determination, which was upheld by the implemented, mitigate or eliminate the and the NRC’s regulations. The NRC is
U.S. Court of Appeals for the D.C. significant impediment. The NRC making these amendments for
Circuit, see Siegel v. Atomic Energy believes this addition is necessary to consistency with the requirements in
Commission, 400 F.2d 778 (D.C. Cir clarify the NRC’s expectations in cases subpart C of part 52 regarding the
1968), is currently codified for part 50 where a physical characteristic exists review of emergency plans and to
applicants in § 50.13. Although it would that could pose a significant provide additional finality to ESP
be possible to revise § 50.13 so that its impediment to the development of holders. The NRC believes that its
provisions apply to applications under emergency plans. Simply identifying review of complete and integrated plans
part 52, this would be inconsistent with these physical characteristics alone does included in an early site permit
the overall regulatory pattern of 10 CFR not provide the NRC with enough application should be no different than
Chapter I, whereby each part is treated information to determine if these its review of emergency plans submitted
as a separate and independent characteristics are likely to pose a in a combined license application, given
regulatory unit. Moreover, any changes significant impediment to the that the NRC must make the same
to § 50.13 might erroneously be viewed development of emergency plans. findings in both cases, namely, that the
as changes to the Commission’s Similarly, the Commission is amending plans submitted by the applicant
substantive determination on this § 52.18 to require that the Commission provide reasonable assurance that
matter. For these reasons, the determine whether the information adequate protective measures can and
Commission is adding new § 52.10 to required of the applicant by will be taken in the event of a
part 52, which is essentially identical § 52.17(b)(1) shows that there is no radiological emergency. The NRC will
not be able to make the required finding reactor types, the numbers of reactors, perform their safety functions. The
without the inclusion of proposed etc., to increase the likelihood that design bases for these structures,
ITAAC in an early site permit approval of the site will resolve issues systems, and components are required
application that includes complete and with respect to the actual plant or plants to reflect appropriate consideration of
integrated emergency plans. In the final that the combined license or the most severe of the natural
rule, the NRC has added an allowance construction permit applicant decides to phenomena that have been historically
that major features of an emergency plan build. In a letter dated November 13, reported for the site and surrounding
submitted under paragraph (b)(2)(i) of 2001 (comment 27 on draft proposed area, with sufficient margin for the
§ 52.17 may include proposed ITAAC. rule text), NEI stated, ‘‘The proposed limited accuracy, quantity, and time in
This will give an applicant that has change is too limited. To address the which the historical data have been
proposed major features additional required assessment of major SSCs accumulated.
opportunities to achieve finality on [structures, systems, and components] The NRC is adding several
major features in cases where ITAAC that bear on radiological consequences requirements to § 52.17(a)(1). A
can be included to address and all items 52.17.a.1.i–vii (sic.), requirement is added to § 52.17(a)(1)(x)
implementation aspects of the major industry recommends new § 52.17a.2.’’ that applications for early site permits
feature. The NRC disagrees with NEI’s proposal include information to demonstrate that
to have a separate provision for adequate security plans and measures
b. Section 52.13, Relationship to Other can be developed. This requirement is
Subparts applicants who have not determined the
type of plant that they plan to build at inherent in current § 52.17(a)(1) which
The title of § 52.13 is revised from the proposed site. The NRC expects that states that site characteristics must
‘‘Relationship to subpart F of 10 CFR some applicants for an early site permit comply with 10 CFR part 100. Section
part 2 and appendix Q of this part,’’ to may not have decided on a particular 100.21(f) states that site characteristics
‘‘Relationship to other subparts,’’ to type of nuclear power plant, therefore, must be such that adequate security
reflect the revised scope of this section, § 52.17(a)(1) was revised to address this plans and measures can be developed.
which has been refocused on part 52. situation. A new § 52.17(a)(1)(xi) is added to
c. Section 52.16, Contents of require early site permit applications to
The NRC is amending § 52.17(a)(1) to
Applications; General Information and include a description of the quality
eliminate all references to § 50.34. The
§ 52.17, Contents of Applications; assurance program applied to site
references to § 50.34(a)(12) and (b)(10) activities related to the future design,
Technical Information are removed because these provisions fabrication, construction, and testing of
The NRC is adding § 52.16 to include require compliance with the earthquake the structures, systems, and components
the general content requirements from engineering criteria in appendix S to of a facility or facilities that may be
§ 52.17(a)(1). part 50 and are not requirements for the constructed on the site. This change was
The title of § 52.17 is revised to read, content of an application. The reference made for consistency with changes to
‘‘Contents of applications; technical to § 50.34(b)(6)(v), which requires plans § 50.55 and appendix B to part 50. A
information.’’ In response to several for coping with emergencies, is also discussion of these changes can be
comments on the proposed rule, the being removed. All requirements related found in this section under the heading
NRC is including a general to emergency planning for early site ‘‘Appendix B to Part 50.’’
grandfathering provision in § 52.17(a) permits are addressed in § 52.17(b) and An additional requirement is added to
that states, ‘‘For applications submitted other plans for coping with emergencies § 52.17(a)(1) that is taken from
before September 27, 2007, the rule will be addressed in a combined license § 50.34(h), and that the NRC believes
provisions in effect at the date of application. Finally, the reference to the should be applicable to early site
docketing apply unless otherwise radiological consequence evaluation permits. Section 52.17(a)(1)(xii) requires
requested by the applicant in writing.’’ factors identified in § 50.34(a)(1) is that early site permit applications
This revision reflects the Commission’s being removed and the requirements are include an evaluation of the site against
belief that ESPs currently under review included in § 52.17(a)(1). The NRC is the applicable sections of the standard
or issued prior to the effective date of modifying the existing requirement for review plan (SRP) revision in effect 6
the final part 52 rule should not be early site permit applications to months before the docket date of the
required to be modified by this rule. describe the seismic, meteorological, application. The SRP requirement
Section 52.17(a)(1) is amended to state hydrologic, and geologic characteristics currently exists for applicants for
that the early site permit application of the proposed site to add that these construction permits, operating licenses,
must specify the range of facilities for descriptions must reflect appropriate and combined licenses. The NRC also
which the applicant is requesting site consideration of the most severe of the believes it should be applicable to
approval (e.g., one, two, or three natural phenomena that have been applicants for early site permits because
pressurized-water reactors). This new historically reported for the site and they are partial construction permits
language provides a clearer and more surrounding area and with sufficient that can be referenced in applications
complete statement of the applicant’s margin for the limited accuracy, for construction permits or combined
proposal with respect to the facilities quantity, and time in which the licenses and because it will facilitate the
which may be located under the early historical data have been accumulated. NRC’s review of the early site permit
site permit. This facilitates NRC review, This addition is to ensure that future application.
as well as providing adequate notice to plants built at the site would be in The NRC is not requiring applicants
potentially-affected members of the compliance with general design to evaluate their site against the
public and State and local governmental criterion 2 from appendix A to part 50 applicable sections of Regulatory Guide
entities. The NRC assumes that an which requires that structures, systems, (RG) 1.206, ‘‘Combined License
applicant for an early site permit may and components important to safety be Applications for Nuclear Power Plants.’’
not know what type of nuclear plant designed to withstand the effects of However, the NRC believes that the
may be built at the site. Therefore, the natural phenomena such as earthquakes, applicable portions of RG 1.206 can
application must specify the postulated tornadoes, hurricanes, floods, tsunami, provide useful guidance to ESP
design parameters for the range of and seiches without loss of capability to applicants in preparing their
applications and that use of this to address these matters in its state the site characteristics and design
guidance will facilitate the NRC’s environmental report. parameters, as well as the ‘‘terms and
review. The NRC is amending § 52.17(c) to conditions,’’ of the early site permit,
The NRC is making a change to clarify that if the applicant wants to rather than the ‘‘conditions and
§ 52.17(a)(1) based on several comments request authorization to perform limited limitations’’ as was formerly provided.
on the proposed rule. The NRC is work activities at the site after receipt of The change provides consistency with
deleting the requirement in proposed the early site permit, the application § 52.39(a)(2), and in particular
§ 52.17(a)(1)(x) that required ESP must contain an identification and § 52.39(a)(2)(iii) of the former
applicants to address impacts on description of the specific activities that regulations, which also refers to ‘‘site
operating units of constructing new the applicant seeks authorization to parameters’’ (corrected to ‘‘site
units on existing sites, as well as perform. This request by the early site characteristics’’ in the final rule) and
include a description of the managerial permit applicant would be separate ‘‘terms and conditions.’’ Section
and administrative controls to be used from, but not in addition to, a request 52.24(c) is being added to require that
to assure that the limiting conditions of to perform activities under 10 CFR the early site permit state the activities
operation for existing units will not be 50.10(e)(1). The submittal of this that the permit holder is authorized to
exceeded. The NRC is deleting this descriptive information will enable the perform at the site. This change is
requirement because it was contrary to NRC staff to perform its review of the consistent with the revision to § 52.17(c)
the industry-NRC understanding request, consistent with past practice, to where the applicant must specify the
documented in correspondence in 2003 determine if the requested activities are activities that it is requesting
regarding ESP Topic ESP–19 [see NEI acceptable under § 50.10(e)(1). If an authorization to perform at the site
letter dated May 14, 2003 (ML031920U0 applicant for a construction permit or under § 50.10(e)(1).
6), and NRC letter dated August 11, combined license references an early The NRC is revising paragraph (b) of
2003 (ML031490478)] and because the site permit with authorization to this section based on public comments.
COL applicant is in the best position to perform limited work activities at the Paragraph (b) states that the early site
provide such information, since it will site and subsequently decides to request permit shall specify the site
have final information regarding the authorization to perform activities characteristics, design parameters, and
facility design and construction plans. beyond those authorized under § 52.U0 terms and conditions of the early site
The NRC may include a condition in (c), those additional activities will have permit the NRC deems appropriate.
early site permits that would require the to be requested separately under Paragraph (b) further states that, before
permit holder to notify the operating § 50.10(e)(1). Some minor changes were issuance of either a construction permit
plant licensee prior to conducting any made to the rule language in § 52.17(c) or combined license referencing an early
in the final rule to remove references to site permit, the Commission shall find
activities authorized under § 52.25.
information being included in either the that any relevant terms and conditions
These controls should be sufficient to
site safety analysis report or the of the early site permit have been met.
evaluate construction activities at a site
environmental report. The NRC The NRC is revising this paragraph to
with an existing operating unit. The
concluded that it is preferable to add a provision that any terms or
NRC has deleted this provision from
include both the list of proposed conditions of the early site permit that
subpart A in the final rule. COL
activities and the redress plan as a could not be met by the time of issuance
applicants will, however, continue to be
separate document in the application, of the construction permit or combined
required to meet this provision under
outside of both the site safety analysis license, must be set forth as terms or
§ 52.79(a)(31).
report and the environmental report. conditions of the construction permit or
The NRC is moving the environmental The NRC’s conclusion is based on the combined license. This provision is
provisions in former § 52.17(a)(2) to fact that the requirements in § 50.10(e) needed to address terms or conditions of
§ 51.50(b). Revised § 52.17(a)(2) simply address both safety and environmental the early site permit that are related to
states that an early site permit issues. Additional changes were made activities that will not take place until
application must contain a complete to §§ 51.50, 52.79(a), and 52.80 to after issuance of the construction permit
environmental report as required by 10 implement this concept. or combined license, such as
CFR 51.50(b). A discussion of the final construction activities. A similar change
rule provisions related to the NRC’s d. Section 52.24, Issuance of Early Site
is being made to § 52.79(b)(3).
environmental review at the ESP stage Permit
can be found in the Supplementary The NRC is revising § 52.24 to clarify e. Section 52.27, Duration of Permit
Information section that discusses the information that the NRC must Section 52.27 provides for the
changes to 10 CFR part 51. include in the early site permit when it duration of an early site permit. The
The NRC is amending § 52.21 to is issued. Section 52.24 is also being NRC did not propose any changes to
reflect clarifications provided in part 51 amended to be more consistent with the this section in the proposed rule.
that an early site permit applicant has parallel provision in § 50.50, Issuance of However, in the final rule, the NRC is
the flexibility of either addressing the licenses and construction permits, by making several revisions. First, the NRC
matter of alternative energy sources in requiring the NRC to ensure that there is revising former § 52.27(b)(1) [final
the environmental report supporting its is reasonable assurance that the site is § 52.27(b)]. This paragraph states that an
early site permit application, or in conformity with the provisions of the early site permit continues to be valid
deferring consideration of alternative AEA, and the NRC’s regulations; that beyond the date of expiration in any
energy sources to the time that the early the applicant is technically qualified to proceeding on a construction permit
site permit is referenced in a licensing engage in any activities authorized; and application or a combined license
application. These changes to § 52.21 that issuance of the permit will not be application that references the early site
clarify that the NRC’s EIS need not inimical to the common defense and permit and is docketed before the date
address the need for power or security or to the health and safety of of expiration of the early site permit, or,
alternative energy sources (and therefore the public. if a timely application for renewal of the
these matters may not be litigated) if the Section 52.24 is being amended to permit has been filed, before the
early site permit applicant chooses not provide that the early site permit must Commission has determined whether to
renew the permit, consistent with the information will be covered by the same represent a change from the finality
‘‘Timely Renewal’’ doctrine of the finality provisions as the rest of the provisions in the former § 52.39.
Administrative Procedure Act. This information in the FSAR (with the Paragraph (a)(2) of the former rule
section is changed in the final rule by exception of any referenced design distinguishes among issues alleging
deleting the term, ‘‘filing,’’ and certification information), as outlined in that: (1) a ‘‘reactor does not fit within
substituting the term, ‘‘docketing.’’ The § 52.98 (e.g., in accordance with one or more of the site parameters,’’
NRC believes that timely renewal §§ 50.54, 50.59, etc.). which are to be treated as valid
protection should only be provided to contentions (paragraph (a)(2)(i)); (2) a
f. Section 52.28, Transfer of Early Site ‘‘site is not in compliance with the
those applications which are of
Permit terms of an early site permit,’’ which are
sufficient quality to be docketed. This is
consistent with the requirement in Section 52.28 is being added to state to be subject to hearings under the
§ 2.109(b) requiring filing of a that transfer of an early site permit from provisions of the Administrative
‘‘sufficient’’ application for renewal of its existing holder to a new applicant Procedure Act (paragraph (a)(2)(ii)); and
operating licenses as a prerequisite for would be processed under § 50.80, (3) the ‘‘terms and conditions of an early
the applicability of the timely renewal which contains provisions for transfer of site permit should be modified,’’ which
protection. Inasmuch as the changes to licenses. In a letter dated November 13, are to be processed in accordance with
former § 52.72(b)(1) constitute revisions 2001 (comment 19 on draft proposed 10 CFR 2.206(a)(2)(iii). With the benefit
to the NRC’s rules of procedure and rule text), the NEI recommended that a of hindsight and experience gained in
practice, the NRC may adopt them in new section be added to part 52 to reviewing the first three early site
final form without further notice and clarify the process for transfer of an permit applications, the NRC believes
comment, under the rulemaking early site permit. The NRC has that all issues concerning a referenced
provisions of the APA, 5 U.S.C. determined that a new section is not early site permit may be characterized
553(b)(A). necessary because an early site permit is as:
a partial construction permit and, (1) Questions regarding whether the
The NRC is also making revisions to
therefore, is considered to be a license site characteristics, design parameters,
§ 52.27 based on public comments. The
under the AEA. The NRC believes that or terms and conditions specified in the
NRC is deleting proposed § 52.27(b)(2)
the procedures and criteria for transfer early site permit have been met;
because it was inconsistent with (2) Questions regarding whether the
proposed § 52.39(d) and the NRC’s of utilization facility licenses in 10 CFR
50.80 (and the procedures in subpart M early site permit should be modified,
intention that the early site permit be suspended, or revoked; or
subsumed into the construction permit of part 2 for the conduct of any hearing)
should apply to the transfer of an early (3) Significant new emergency
or combined license once the preparedness or environmental
construction permit or combined license site permit. Changes that the NRC has
made to § 50.80 in the final rule to information not considered on the early
is issued. To make this intention clear, site permit.
the NRC is also adding new § 52.27(d) address comments made regarding
requirements for transfer of an early site Questions about the referencing
in the final rule. This provision states application demonstrating compliance
that upon issuance of a construction permit can be found in Section V.D.8.a
of the SUPPLEMENTARY INFORMATION of with the early site permit are
permit or combined license, a fundamentally questions of compliance
referenced early site permit is this document.
with the early site permit. They do not
subsumed, to the extent referenced, into g. Section 52.33, Duration of Renewal attack the underlying validity of the
the construction permit or combined Section 52.33 has been revised in the permit. For example, if a person
license. By ‘‘subsumed’’ the NRC means final rule to clarify that the renewal questions whether the design
that the information that was contained period for an early site permit includes characteristics of the nuclear power
in the early site permit site safety any remaining years on the early site facility that the referencing applicant
analysis report (SSAR) becomes part of permit then in effect before renewal. proposes to construct on the site falls
the referencing combined license final This change was made to be consistent within the design parameters specified
safety analysis report upon issuance of with the NRC’s regulations concerning in the early site permit, it is a matter of
the combined license in the same renewal of nuclear power plant compliance with the early site permit.
manner as if the combined license operating licenses as specified in § 54.31 These compliance matters are specific to
applicant had not referenced an early of this chapter. the proceeding for the referencing
site permit. The NRC is including the application, and the NRC concludes that
phrase ‘‘to the extent referenced,’’ to h. Section 52.37, Reporting of Defects a question about whether the
indicate that it is not all of the and Noncompliance; Revocation, referencing application complies with
information submitted in the early site Suspension, Modification of Permits for the early site permit may be viewed as
permit application that is subsumed Cause question/material to the proceeding and
into the combined license, but, only that Section 52.37 is removed because this appropriate for consideration in the
information that is contained in the provision only contains a cross- referencing application proceeding
SSAR and identified by the applicant as reference to 10 CFR part 21 and (assuming that all relevant Commission
being referenced in the combined § 50.100, and the NRC is making requirements in 10 CFR part 2, such as
license application. This subsumption conforming changes to those standing and admissibility, are met).
of the early site permit into the requirements to account for The NRC also regards new emergency
referencing license affects the way requirements for early site permits. preparedness information submitted in
changes to the early site permit the referencing application that
information will be handled because it i. Section 52.39, Finality of Early Site substantially alters the bases for a
breaks the tie to the finality provisions Permit Determinations previous NRC conclusion or constitutes
in § 52.39. After issuance of the The NRC is revising § 52.39 to address a sufficient basis for the Commission to
construction permit or combined the finality of an early site permit. modify or impose new terms and
license, § 52.39 no longer applies to the While some of the changes are conditions related to emergency
early site permit information and such conforming or clarifying, others preparedness as an issue material to the
proceeding and appropriate for modified, suspended, or revoked will be requirements, unless the special
consideration as a contention in the challenges to the validity of the early backfitting criteria in § 52.39(a)(1) are
referencing application proceeding site permit. These challenges may be satisfied. No substantive change is
(assuming that all relevant Commission framed in many different ways, e.g., a intended by this clarification; the
requirements in 10 CFR part 2, such as Commission error at the time of language would specify more clearly the
standing and admissibility, are met). issuance; or actual changes to the site broad scope of matters in an early site
This is a change to the standard that was have occurred since issuance of the permit which the NRC intended to
provided in the proposed rule for new permit that render some aspect of the finalize. The phrase, ‘‘site
emergency preparedness information permit irrelevant or inadequate to characteristics, or terms, or conditions,
and is based on public comments. The protect public health and safety or including emergency planning
proposed rule standard for litigation of common defense and security. The requirements,’’ is used consistently
emergency preparedness matters was Commission’s process for challenges to throughout § 52.39 and corresponding
‘‘new or additional information * * * the validity of a license is contained in provisions in the revisions to § 52.79.
which materially affects the 10 CFR 2.206. Accordingly, the Section 52.39(a)(2) describes how the
Commission’s earlier determination on Commission concludes that challenges NRC treats matters resolved in the early
emergency preparedness, or is needed to to the validity of an early site permit site permit proceeding in subsequent
correct inaccuracies in the emergency should be processed in accordance with proceedings on applications referencing
preparedness information approved in § 2.206. In the Commission’s view, a the early site permit, and is drawn from
the early site permit.’’ Because the final variance is not fundamentally a the former language of § 52.39(a)(2). In
rule language suggested by the challenge to the validity of the early site the final rule, the NRC has included a
commenters is the definition that the permit, because it requests dispensation provision extending this finality to
NRC gave for information that could from compliance with some aspect of enforcement hearings other than those
‘‘materially affect’’ the Commission’s the permit whose validity remains proceedings initiated by the
earlier decision, as indicated in the undisputed. Therefore, the Commission Commission under paragraph (a)(1) of
SUPPLEMENTARY INFORMATION section of concludes that variances should be this section. This will ensure that
the 2006 proposed rule, the NRC treated as proceeding-specific issues of finality of an early site permit extends
believes it appropriate to use this compliance that are potentially valid
to NRC-initiated enforcement
language in the final rule itself. The subjects of a contention in a proceeding
proceedings and petitions for
NRC has decided to drop the language for a referencing application.
The revisions to § 52.39 are in enforcement action filed under § 2.206.
that referred to information ‘‘needed to
agreement with these Commission In addition, under §§ 52.39(a)(2)(i) and
correct inaccuracies’’ because the
conclusions. Section 52.39 is being (ii), the NRC grants finality to changes
language, by itself, could have allowed
divided into five paragraphs addressing to an early site permit’s emergency plan
litigation of issues not significant to
different aspects of early site permit (or major features of it, under
safety. The NRC believes that the final
finality. Each paragraph is provided § 52.17(b)(2)) that are made after the
rule language encompasses all
with a subtitle characterizing the subject issuance of the early site permit (1) if
significant emergency preparedness
matters that should be subject to matter addressed in that paragraph. the early site permit approved an
litigation. Section 52.39(a) focuses on how the emergency plan (or major features
Any significant environmental issue NRC accords finality to an early site thereof) that is in use by a licensee of
that was not resolved in the early site permit, with § 52.39(a)(1) setting forth a nuclear power plant and the changes
permit proceeding, or any issue the circumstances under which the NRC to the emergency plan (or major features
involving the impacts of construction may modify an early site permit. The thereof) are identical to changes made to
and operation of the facility that was rule language is based upon the existing the licensee’s emergency plans in
resolved in the early site permit regulation, but adds additional compliance with § 50.54(q); or (2) if the
proceeding for which significant new circumstances. Section 52.39(a)(1)(iii) early site permit approved an
information has been identified may provides that the NRC may modify the emergency plan (or major features
also be the subject of a contention early site permit if it determines a thereof) that is not in use by a licensee
during the proceeding on the modification is necessary based on an of a nuclear power plant, and the
referencing application. The NRC is also update to the emergency preparedness changes are equivalent to those that
making a change to this standard in the information under § 52.39(b). Section could be made under § 50.54(q) without
final rule based on public comment. The 52.39(a)(1)(iv) provides that the NRC prior NRC approval had the emergency
standard in the final rule more closely may modify the early site permit if a plan been in use by a licensee. This
reflects the NRC’s obligation under variance is issued under proposed change is premised on the view that
NEPA to address new and significant § 52.39(d) (paragraph (b) in the former changes to emergency plans which are
information in a COL that references an regulations); the NRC considers this a properly implemented under § 50.54(q)
early site permit. Additional discussion conforming change inasmuch as the do not require NRC review and approval
of this subject can be found in the former regulation provided for issuance before implementation. Therefore, by
discussion of changes in 10 CFR part 51, of variances. analogy, similar changes to an early site
in the SUPPLEMENTARY INFORMATION The NRC is clarifying what aspects of permit’s emergency preparedness plan
section of this document. the early site permit are subject to the made with similar controls, or changes
Because new emergency planning or change restrictions in § 52.39(a)(1) by which are equivalent to those that could
environmental information, if any, will substituting the phrase, ‘‘terms and be made under § 50.54(q) without prior
be identified only at the time a license conditions’’ of an early site permit for NRC approval, should not require NRC
application referencing the early site the former term, ‘‘requirements.’’ Under review and approval as part of the
permit is submitted to the NRC, the NRC the new language, the NRC may not licensing process. Any issues related to
believes it is appropriate to address change or impose new site compliance with § 50.54(q) should be
these issues in the proceeding on the characteristics, design parameters, or treated as an enforcement matter. Note
referencing application. Other questions terms and conditions on the early site that the NRC is making some
regarding whether the permit should be permit, including emergency planning adjustments to this position in the final
rule based on public comments. The and processed in accordance with the information request is justified in
proposed rule would not have excepted § 2.206. The NRC is retaining the former light of the potential safety significance
changes to early site permit emergency provision in § 52.39(a)(2)(iii) requiring of the issue to be addressed in the
plans not in use by a current licensee that the Commission consider a petition information request. The only
that could be made under § 50.54(q) filed under § 2.206, and determine exceptions would be for information
without prior NRC approval had the whether immediate action is required requests seeking to verify compliance
emergency plans been in use by a before construction commences, as well with the current licensing basis of the
licensee. The NRC is making this change as the former provision indicating that early site permit. If the request is from
in the final rule because the § 50.54(q) if a petition is granted, the Commission the NRC staff, the request would first
standard ensures adequate protection of will issue an appropriate order which have to be approved by the Executive
safety, and has been accepted and used does not affect construction unless the Director for Operations (EDO) or his or
by the industry and NRC and it is Commission makes its order her designee.
appropriate to apply this same standard immediately effective.
The final rule redesignates the former 7. Subpart B, Standard Design
to changes in all emergency plans
provision in § 52.39(b) allowing an Certifications
approved by the NRC in the ESP
proceeding. The NRC is making similar applicant for a license referencing an a. Section 52.41, Scope of Subpart
changes to § 52.79(b)(4) in the final rule early site permit to request a variance This section defines the scope of
to require that all COL applicants from one or more ‘‘elements’’ of the subpart B of part 52. The requirements
referencing early site permits with early site permit as § 52.39(d). The rule on scope and type of nuclear power
complete and integrated emergency clarifies ‘‘elements’’ for which a plants that are eligible for design
plans or major features of emergency variance may be sought by substituting certification were moved from former
plans identify changes that have been the phrase, ‘‘site characteristics, design § 52.45(a) to this section, to ensure a
incorporated into the proposed facility parameters, or terms and conditions of consistent format and presentation
emergency plans and that constitute or the early site permit.’’ In addition, the among all the subparts of part 52.
would constitute a decrease in NRC is revising this provision further to
effectiveness under § 50.54(q) of this include an allowance for applicants to b. Section 52.43, Relationship to Other
chapter. request a variance from the site safety Subparts
Section 52.39(b) is discussed analysis report (SSAR). The allowance This section defines the relationship
separately under Section V.C.6.a of this for requesting variances to the SSAR of subpart B to other subparts in 10 CFR
document, which discusses emergency was inadvertently omitted in the part 52. Conforming changes were made
preparedness requirements for a proposed rule. Because the majority of to make clear that an application for a
combined license applicant referencing the early site permit information that a manufacturing license may, but is not
an early site permit. combined license applicant will be required to, reference a design
Section 52.39(c) replaces the former referencing will be the information in certification rule (DCR). The
criteria in §§ 52.39(a)(2)(i) through (iii), the SSAR, it is logical that the requirements formerly located in
governing how the NRC will treat allowance to request variances be §§ 52.43(c), 52.45(c), and 52.47(b)(2)(ii)
various issues with respect to the early extended to the information in the were removed because the Commission
site permit and its referencing in a SSAR given that the NRC is allowing decided not to require a final design
combined license application. Matters variances to the permit itself. The NRC approval (FDA) under subpart E as a
regarding compliance with the early site notes that the admission of a contention prerequisite for certification of a
permit which would be potentially valid on a proposed variance, which was standard plant design. This requirement
subjects of a contention are listed in formerly addressed in § 52.39(b), is was included in part 52, at the time of
§§ 52.39(c)(1)(i) through (iii), e.g., addressed in § 52.39(c)(iii). The NRC is the original rulemaking, because the
whether the reactor proposed to be built also adding a provision that precludes NRC had no experience with design
under the referencing application fits the Commission from issuing a variance certifications. By requiring an FDA as a
within the site characteristics and once a construction permit or combined prerequisite to design certification, the
design parameters specified in the early license referencing the early site permit NRC indicated that the licensing
site permit; whether one or more of the is issued. Any changes that would processes for design certifications and
terms and conditions of the early site otherwise require a variance should FDAs were similar, even though the
permit have been met; and whether a instead be treated as an amendment to requirements for and finality of a design
variance requested by the referencing the construction permit or combined certification differ from that of an FDA.
applicant is unwarranted or should be license. The NRC now has considerable
modified. The NRC notes that all Finally, the NRC is adding a new experience with design certification
contentions at the early site permit paragraph to the ‘‘finality’’ section in reviews, and the former requirement to
stage, including a contention pertaining each subpart of part 52, in this instance apply for an FDA as part of an
to a variance, must meet the § 52.39(f), entitled ‘‘Information application for design certification is no
requirements for contentions in requests,’’ which delineates the longer needed. Future applicants have
§ 2.309(f). Matters regarding significant restrictions on the NRC for information the option to apply for either an FDA,
new emergency preparedness or requests to the holder of the early site a design certification, or both.
environmental information material to permit. This provision is analogous to
the combined license proceeding, which the former provision on information c. Section 52.45, Filing of Applications
would be potentially valid subjects of requests in paragraph 8 of appendix O This section presents the
contention under the proposed rule, are to parts 50 and 52, and is based upon requirements for filing design
listed in §§ 52.39(c)(1)(iv) and (v). the language of § 50.54(f). For early site certification applications. This section
Other matters, including changes to permits, this provision is contained in was reformatted for consistency with
the site characteristics, design § 52.39(d), and requires the NRC to the other subparts in part 52 and the
parameters, or terms and conditions of evaluate each information request on references to specific paragraphs within
the early site permit, are treated under the holder of an early site permit to §§ 50.4 and 50.30 were replaced with
§ 52.39(c)(2) as challenges to the permit determine that the burden imposed by references to subpart H of part 2. A new
§ 52.45(c) on design certification review light-water reactors. The NRC agrees with the requirements for design-basis
fees, was moved from § 52.49. with this comment and has revised this accidents (DBAs). Postulated severe
requirement [now § 52.47(a)(9)] to be accidents are not design-basis accidents
d. Section 52.46, Contents of
applicable to light-water-cooled nuclear and the severe accident design features
Applications; General Information
power plants, but notes that much of the do not have to meet the requirements for
This section was added to set forth SRP review guidance and criteria are DBAs (see SECY–93–087). However, the
general content requirements from 10 general and would also apply to reviews severe accident design features are part
CFR 50.33. of gas-cooled reactor designs. of a plant’s design bases information.
e. Section 52.47, Contents of Some commenters recommended that A new § 52.47(b) was created to set
Applications; Technical Information the requirement to provide information forth the required technical contents of
required by § 50.49(d) [now a design certification application that
This section presents the § 52.47(a)(13)] be deleted because the are not required to be located in the
requirements for contents of a design applicant will not be able to establish FSAR. In response to public comments
certification application and is qualification files for all applicable on the proposed rule, the NRC has
organized into three sections. The components. The NRC agrees that deleted proposed § 52.47(b)(1) which
requirements for the final safety analysis applicants may not be able to establish required design certification applicants
report (FSAR) are set forth in §§ 52.47(a) qualification files, but applicants can to submit a design-specific probabilistic
and 52.47(c), and the technical provide the electric equipment list risk assessment (PRA). In its place, the
requirements for the remainder of the required by § 50.49(d). Therefore, the NRC has added new § 52.47(a)(27)
design certification application are in NRC revised the wording in which requires that design certification
§ 52.47(b). The former § 52.47(a)(1)(i) § 52.47(a)(13) to be consistent with the applicants submit a description of the
required the submittal of information wording for the same provision in design-specific PRA and its results in
required for construction permits and § 52.79(a), which requires that the FSAR. The NRC agrees with some
operating licenses by parts 20, 50 applicants provide the list of electrical commenters that applicants should not
(including the applicable requirements equipment important to safety required be required to submit their complete
from 10 CFR 50.34), 73, and 100, which by § 50.49(d). design-specific PRA and that, instead,
were technically relevant to the design Some commenters recommended that applicants should only be required to
and not site-specific. That general the requirement in § 52.47(a)(22) to provide a summary description of the
requirement was removed and replaced demonstrate how operating experience PRA and its results in their FSAR with
with specific requirements that describe insights have been incorporated into the the understanding that the complete
what must be included in an FSAR. In plant design be deleted. The NRC PRA (e.g., codes) would be available for
addition, the NRC included technical disagrees with this comment. The NRC NRC inspection at the applicant’s
positions that were developed after part developed this requirement for future offices, if needed. The NRC expects that,
52 was originally codified in 1989, e.g., plants (see SRM on SECY–90–377) and generally, the information that it needs
§ 52.47(a)(22) which requires a it was implemented in past design to perform its review of the design
description of how relevant operating certification applications by addressing certification application from a PRA
experience was incorporated into the NRC’s generic letters and bulletins. The perspective is that information that will
standard design (see SRM on SECY–90– NRC agrees that insights from generic be contained in applicants’ FSAR
377, dated February 15, 1991, letters and bulletins should be Chapter 19.
ML003707892). Also, the relevant incorporated into the latest revision of The rule language for ITAAC [now
requirements were revised to clarify the standard review plan (SRP). § 52.47(b)(1)] was conformed with the
their applicability to design Therefore, for plant designs that are statutory language in the AEA. This
certifications and renumbered. This based on or are evolutions of nuclear clarification of the language in the
effort resulted in a comprehensive list of plants that have operated in the United former § 52.47(a)(1)(vi), which was a
requirements for a design certification States, the applicant should use NRC’s condensed version of the language in
application. generic letters and bulletins issued after the former § 52.97(b)(1), was intended to
Some commenters recommended that the most recent revision of the avoid any misunderstandings regarding
the requirement to demonstrate applicable SRP and 6 months before the the statutory requirement. Some
technical qualifications [now docket date of the application. If the commenters recommended that the rule
§ 52.47(a)(7)] be deleted because the application is for a nuclear plant design language in § 52.47(b)(1) be modified to
AEA only imposes that requirement on that is not based on or is not an maintain the language in the former
applicants for a license. Although the evolution of a nuclear plant that § 52.47(a)(1)(vi) claiming the proposed
NRC agrees that the AEA imposes the operated in the United States, the language could be misconstrued as
technical qualification finding applicant should address how insights expanding the scope of ITAAC needed
specifically for license applicants, it from any relevant international for design certification. The NRC
does not preclude the NRC from a operating experience has been disagrees with this comment and notes
determination that such a finding is also incorporated into that plant design. that it is well understood that the
necessary in other contexts. The Some commenters recommended that requirements that are applicable to
applicant creates information that may the requirement to describe severe design certification are limited to the
become the bases for a future license accident design features in the FSAR scope of the certified design.
and, therefore, must be qualified to [now § 52.47(a)(23)] be deleted. The Some commenters recommended that
perform design, analyses, and safety NRC disagrees with this comment the requirement in proposed
determinations. Accordingly, the NRC because the Commission has § 52.47(b)(3) (now in 10 CFR 51.55) to
has concluded that a technical determined that this requirement is evaluate severe accident mitigation
qualification finding should also be necessary for future light-water reactor design alternatives (SAMDAs) be
made for design certification applicants. designs (see SRM on SECY–93–087) and deleted and that the NRC should initiate
Some commenters recommended that was applied to previous applications. a rulemaking or policy statement to
the requirement to address the standard The commenters confused the meaning disposition SAMDA generically. The
review plan (SRP) be revised to apply to of design bases information (see § 50.2) NRC disagrees with this comment. The
NRC has required SAMDA evaluations indicate the NRC’s expectation that also revised to replace ‘‘a modification’’
for previous applications in order to design certification applicants will with ‘‘the change,’’ to clarify that the
achieve greater finality for the design implement the QA program that is criteria for changes apply to
features that are resolved in design required to be included in their modifications, rescissions, or imposition
certification rulemakings. Further, the application under § 52.47(a)(19), which of new requirements. In addition,
initiation of a rulemaking or policy is consistent with the requirement for § 52.63 was revised to use the phrase
statement for SAMDAs is outside the licensees. ‘‘certification information’’ in order to
scope of the part 52 update rulemaking. A new § 52.54(b) was added to require distinguish the rule language in the
As for the perspective that SAMDA that a design certification specify the DCRs from the design certification
evaluations need not be performed for site parameters and design information (e.g., Tier 1 and Tier 2
current reactor designs because the characteristics and any additional information) that is incorporated by
severe accident risk for such designs is requirements and restrictions of the reference in the DCRs.
too remote and speculative, the NRC has rule, as the Commission deems Section 52.63(a)(1)(iii) was added to
already addressed this issue in other necessary and appropriate. Some provide the NRC with the ability to
contexts. The NRC has considered commenters recommended that the make generic changes to the design
petitions to eliminate the consideration requirement in § 52.54(b) to list ‘‘design certification rule language that reduce
of SAMDAs previously. The NRC characteristics’’ be removed and noted unnecessary regulatory burdens. The
position, both then and now is that it is that the design control document will former § 52.63(a)(1) stated that the
not prepared to reach the conclusion contain this information. The NRC Commission may not modify, rescind,
that the risks of all severe accidents are disagrees with this comment. The NRC or impose new requirements on the
so unlikely as to warrant their wants to specifically identify this certification unless the change is: (1)
elimination from consideration in our information to facilitate future Necessary for compliance with
NEPA reviews. As the NRC has stated in comparisons with ‘‘design parameters’’ Commission regulations applicable and
response to other requests to confine or specified in an early site permit. The in effect at the time the certification was
eliminate such issues from NRC staff will use its experience with issued; or (2) necessary to provide
consideration, if new information in the current early site permit reviews to adequate protection of the public health
future provides a firm basis for determine what an appropriate list will and safety or common defense and
concluding that severe accidents are be for future design certification security. This requirement did not
remote and speculative, then the NRC reviews. appear to permit changes to the rule
may revisit the issue. The NRC also modified § 52.54 to language which reduce unnecessary
Former § 52.47(b) was reorganized by require that applicants for a design regulatory burdens in circumstances
separating the requirements on scope of certification agree to withhold access to where the change continues to maintain
design and modular configuration [now National Security Information from protection to public health and safety
located in § 52.47(c)] from the testing individuals until the requirements of 10 and common defense and security. An
requirements. This action is part of the CFR parts 25 and/or 95, as applicable, example of a change which could not be
NRC’s goal to put the procedural are met. Section 52.54 was amended to made under the former § 52.63(a)(1) was
requirements for the licensing processes include a new paragraph (c) which a change to the rule language in
in part 52 and maintain the reactor requires that every DCR contain a appendices A, B, and C of part 52, to
safety requirements in part 50 (or other provision stating that, after the incorporate into the Tier 2 change
parts of 10 CFR Chapter I. As a result, Commission has adopted the final process the revised change criteria in 10
the testing requirements were relocated design certification rule, the applicant CFR 50.59. Section 50.59 was revised in
to § 50.43(e). Also, see the discussion on for that design certification will not 1999 to provide new criteria for, inter
testing for advanced nuclear reactors in permit any individual to have access to, alia, making changes to a facility, as
Section V.B of this document. or any facility to possess, Restricted described in the final safety analysis
Data or classified National Security report, without prior NRC approval, to
f. Section 52.54, Issuance of Standard Information until the individual and/or reduce unnecessary regulatory burden
Design Certification facility has been approved for access (64 FR 53582, October 4, 1999).
This section was amended to be under the provisions of 10 CFR parts 25 In Section V of the 2006 proposed
consistent with the parallel provisions and/or 95. The NRC believes that this rule, Question 14, the NRC stated that
in §§ 50.50 and 50.57 by including amendment, along with the changes to it was considering adopting an
requirements that, after conducting a parts 25, 95, and 10 CFR 50.37, are additional provision in § 52.63(a)(1) that
rulemaking proceeding and receiving necessary to ensure that access to would allow amendments of DCRs to
the report submitted by the ACRS, the classified information is adequately incorporate generic resolutions of
NRC will determine whether there is controlled by all entities applying for design acceptance criteria (DAC) or
reasonable assurance that the design NRC certifications. other design information without
conforms with the provisions of the meeting the special backfit requirement
AEA, and the NRC’s regulations; that g. Section 52.63, Finality of Standard in the former § 52.63(a)(1). By allowing
the applicant is technically qualified; Design Certifications for an amendment to generically resolve
and that issuance of the design The final rule revises the finality DAC, the NRC would achieve resolution
certification will not be inimical to the provisions in § 52.63(a) to provide of additional design issues, would
common defense and security or to the processes for amending design achieve finality for those issue
health and safety of the public. In certification information without resolutions, and would avoid repetitive
addition, a new § 52.54(a)(8) was added meeting the special backfit requirement consideration of those design issues in
to state that the NRC will not issue a in § 52.63(a)(1)(ii). The special backfit individual combined license
design certification unless it finds that requirement restricted changes to proceedings. The final rule includes an
the design certification applicant has certification information, thereby amendment process in § 52.63(a)(1)(iv)
implemented the quality assurance ensuring that all plants built under a that allows for generic resolutions of
program described in the safety analysis referenced certified design would be DAC without meeting the special backfit
report. This requirement was added to standardized. Section 52.63(a)(1) was requirement. These amendments will
apply to all plants that have or will discovered during detailed design work § 52.63(a)(2). Once a certified design is
reference the DCR under § 52.63(a)(2). performed after the original design amended by rulemaking, the new rule
The NRC believes that these information was approved by the NRC would apply to all applications
amendments will enhance (so-called first-of-a-kind-engineering) or referencing the DCR as well as all plants
standardization by further completing that certain components in the original referencing the DCR, unless the change
the certification information. The NRC design may no longer be available for has been rendered ‘‘technically
will review the amendment application purchase due to the long duration of a irrelevant’’ through other action taken
to ensure that the design acceptance DCR. The NRC’s deliberations on this under §§ 52.63(a)(4) or (b)(1). Also, the
criteria are met and that the new design proposal considered the Commission’s NRC will decide whether to codify the
information conforms with the goal for design certification, which is to proposed amendment based on
applicable regulations. achieve and maintain the benefits of comments from the referencing
Some commenters proposed that the standardization. The NRC is still applicants and licensees. Thus,
amendment process should allow for determined to maintain standardization, standardization is maintained by
generic resolutions of errors in the but has decided to allow amendments ensuring that any generic change to the
certification information. The NRC is for other design changes [see paragraph certification information is imposed
aware that design certification (a)(1)(vii)] provided that the amendment upon all nuclear power plants
applicants have discovered errors in will be applied to all plants that referencing the DCR. The duration of the
their design information after the NRC reference the DCR, thereby increasing amended DCR will be for the same
has completed its review and even after standardization. In determining whether period of time as the original DCR and
the NRC has certified their design. The to codify a proposed amendment, the have the same expiration date.
final rule includes a new provision in NRC will give special consideration to
§ 52.63(a)(1)(v) to correct material errors comments from applicants or licensees 8. Subpart C, Combined Licenses
in the certification information. This who reference the DCR regarding a. Emergency Preparedness
provision is only to be used to correct whether they want to backfit their Requirements for a Combined License
a material error, which is an error that plants with these additional design Applicant Referencing an Early Site
significantly and adversely affects a changes. Permit
design function or analysis conclusion The final rule includes a new
described in the design control § 52.63(a)(2), which sets forth The NRC is revising former §§ 52.39
document (certification information). procedures for rulemakings conducted and 52.79 to require a license applicant
The NRC wants to correct material under § 52.63(a)(1). Paragraph (a)(2)(i) referencing an early site permit to
errors by amendment so that these requires that for rulemakings under update and correct the emergency
errors will not have to be addressed in § 52.63(a)(1), except for rulemakings preparedness information provided
individual licensing proceedings. under § 52.63(a)(1)(ii) necessary to under § 52.17(b). The issue of updating
Many commenters encouraged the provide adequate protection, the NRC an early site permit was first raised by
NRC to adopt an amendment process will give consideration to whether the the Illinois Department of Nuclear
that would allow for ‘‘beneficial’’ benefits justify the costs for plants that Safety, who suggested in a September
changes to certification information, are already licensed or for which an 28, 1994, letter that emergency plans
would apply the amendment to all application for a license is under and/or offsite certifications approved as
plants referencing the certified design, consideration. part of an early site permit review be
and would only allow amendments The final rule also revised the former kept up-to-date throughout the duration
prior to issuance of the first combined § 52.63(a)(2) [now § 52.63(a)(3)] to delete of an early site permit and the
license that referenced the DCR. The the reference to the former § 52.63(a)(4) construction phase of a combined
NRC agreed with these comments and [now § 52.63(a)(5)]. The reference to the license.
included paragraph (a)(1)(vi) to allow former § 52.63(a)(4) was in error because In SECY–95–090, ‘‘Emergency
for amendments of certification this paragraph discusses the finality of Planning Under 10 CFR Part 52’’ (April
information that will substantially the findings required for issuance of a 11, 1995), the NRC staff stated that 10
increase the overall safety, reliability, or combined license or operating license, CFR part 52 does not clearly require an
security of facility design, construction, whereas the new § 52.63(a)(3) deals with applicant referencing an early site
or operation provided that the direct modifications that the NRC may impose permit to submit updated information
and indirect costs of implementation of on a DCR under §§ 52.63(a)(4) or on changes in emergency preparedness
the amendment are justified in view of 52.63(b)(1). No substantive change is information or in any emergency plans
this increased safety, reliability, or intended by this revision, which merely that were approved as part of the early
security. However, the NRC does not clarifies the intent of the rule. site permit in accordance with § 52.18.
agree with precluding amendments after Finally, the NRC restates its previous SECY–95–090 indicated (p. 4) that, in
issuance of the first combined license. If decision regarding the ability of any view of the lack of industry interest in
licensees who referenced a DCR want to person to request an amendment to a pursuing an early site permit, resolution
adopt a proposed amendment in order DCR. In Section II.1.h of the 1989 SOC of this matter could be deferred until a
to achieve enhanced standardization for part 52 (54 FR 15372), the ‘‘lessons learned’’ rulemaking, updating
and the beneficial changes that the Commission stated that § 52.63(a)(1) 10 CFR part 52, was conducted after the
amendment would bring, then the NRC places a designer on the same footing as first design certification rulemakings
may amend the DCR and apply the the NRC or any other interested member were issued. Following public release of
amendment to all plants referencing the of the public. Therefore, anyone may a draft SECY paper setting forth the NRC
DCR. submit a petition for rulemaking to the staff’s preliminary views on the
Also, some commenters requested NRC to correct an error or otherwise licensing process for a combined
that the amendment process allow for amend the certification information. All license, NEI submitted a letter dated
changes to the certification information amendments to the certification September 8, 1998 (comment 2.d),
for a wide variety of other reasons. information must be accomplished which expressed opposition to a
These commenters claimed that the through rulemaking, with an requirement for updating emergency
need for a design change may be opportunity for public comment under preparedness information throughout
the duration of an early site permit, stating that the Commission may modify b. Resolution of ITAAC
absent an application referencing the an early site permit if it determines that Sections 52.99 and 52.103 are revised
early site permit. As an alternative to a modification is necessary based on to incorporate rule language from the
updating throughout the duration of an updated emergency preparedness design certification regulations in 10
early site permit, NEI proposed that information provided in a referencing CFR part 52 regarding the completion of
emergency planning information be license application. New information ITAAC (see paragraphs IX.A and IX.B.3
updated when an application for a that materially changes the bases for of appendix A to part 52). During the
license referencing the early site permit compliance includes information that preparation of the design certification
is filed; portions of the emergency plans substantially alters the bases for a rules for the ABWR and System 80+
that are unchanged would continue to previous NRC conclusion with respect designs, the NRC staff and nuclear
have finality under 10 CFR 52.39. In a to the acceptability of a material aspect industry representatives agreed on
September 3, 1999 letter, the NRC staff of emergency preparedness or an certain requirements for the
identified updating of emergency performance and completion of the
emergency preparedness plan, and
preparedness information in early site inspections, tests, or analyses in ITAAC.
information that would constitute a
permits as a possible subject for the part In the design certification rulemakings,
52 rulemaking. basis for the Commission to modify or
impose new terms and conditions on the NRC codified these ITAAC
The NRC agrees in part with the
the early site permit related to requirements into Section IX of the
Illinois Department of Nuclear Safety.
emergency preparedness in accordance regulations. The purpose of the
Emergency plans and/or offsite
with § 52.39(a)(1). New information that requirement in § 52.99(b) is to clarify
certificates in support of emergency
materially changes the NRC’s that an applicant may proceed at its
plans, approved as part of an early site
permit review, should be updated. determination of the matters in own risk with design and procurement
However, emergency plans do not need § 52.17(b), or results in modifications of activities subject to ITAAC, and that a
to be kept up-to-date throughout the existing terms and conditions under licensee may proceed at its own risk
duration of an early site permit. There § 52.39(a)(1) will be subject to litigation with design, procurement, construction,
is no need to update the emergency during the construction permit, and preoperational testing activities
plans approved in an early site permit subject to an ITAAC, even though the
operating license, or combined license
until the time the permit is referenced NRC may not have found that any
proceedings in accordance with
in a combined license application. At particular ITAAC has been met.
§ 52.39(c). Section 52.99(c) requires the licensee
that time, the emergency plans would
Not all new information on to notify the NRC that the prescribed
have to be reviewed to confirm that they
emergency preparedness will be subject inspections, tests, and analyses in the
are up-to-date and to provide any new
information that may materially affect to challenge in a hearing under ITAAC have been or will be completed
the NRC’s earlier determination on § 52.39(c). For example, an emergency and that the acceptance criteria have
emergency preparedness, or correct plan may have to be updated to reflect been met. The NRC is revising
inaccuracies in the emergency current telephone numbers, names of § 52.99(c)(1) in the final rule to more
preparedness information approved in governmental officials whose positions closely follow the language of Section
the early site permit in support of a and responsibilities are defined in the 185b. of the AEA (in response to a late-
reasonable assurance determination, in plan (e.g., the name of the current police filed comment) and to clarify that the
accordance with § 50.47 and appendix E chief for a municipality), or current notification must contain sufficient
to part 50. In addition, the NRC agrees names of hospital facilities. These information to demonstrate that the
with NEI that a ‘‘continuous’’ early site corrections do not materially change the prescribed inspections, tests, and
permit update requirement would NRC’s previously-stated bases for analyses have been performed and that
impose burdens upon the early site accepting the early site permit the prescribed acceptance criteria have
permit holder without any emergency plan, and a hearing been met. The NRC is adding this
commensurate benefit if the early site contention will not be admitted under clarification to ensure that combined
permit is not subsequently referenced. § 52.39(c) in a proceeding for a license license applicants and holders are aware
Accordingly, the Commission has referencing the early site permit. In that (1) it is the licensees’ burden to
determined that §§ 52.39 and 52.79 demonstrate compliance with the
contrast, if an emergency plan
should contain an updating requirement ITAAC and (2) the NRC expects the
submitted as part of an early site permit
to be imposed upon the applicant notification of ITAAC completion to
relies upon a bridge to provide the
referencing an early site permit. contain more information than just a
primary path of evacuation, and that simple statement that the licensee
A new § 52.39(b) is added to require bridge no longer exists, the change
an applicant for a construction permit, believes the ITAAC has been completed
could materially affect the NRC’s and the acceptance criteria met. The
operating license, or combined license,
previous determination that the NRC expects the notification to be
whose application references an early
site permit, to update and correct the emergency plan complied with the sufficiently complete and detailed for a
emergency preparedness information Commission’s emergency preparedness reasonable person to understand the
provided under § 52.17(b). In addition, regulations in effect at the time of the bases for the licensee’s representation
the applicant must discuss whether the issuance of the early site permit. This that the inspections, tests, and analyses
new information could materially type of information might be the basis have been successfully completed and
change the bases for compliance with for a change in the early site permit’s the acceptance criteria have been met.
the applicable NRC requirements. A terms and conditions related to The term ‘‘sufficient information’’
parallel requirement is included in emergency preparedness under requires, at a minimum, a summary
§ 52.79 to ensure that applicants for § 52.39(a)(1), as well as the basis for a description of the bases for the
combined licenses referencing an early hearing contention under § 52.39(c), licensee’s conclusion that the
site permit will submit the updated assuming that the requirements in 10 inspections, tests, or analyses have been
emergency preparedness information. CFR part 2 for admission of a contention performed and that the prescribed
Section 52.39(a)(1)(iii) is also added are met. acceptance criteria have been met. The
NRC plans to prepare regulatory published in the Federal Register. The judgments by reference to that
guidance, in consultation with NRC’s goal is to publish that notice 210 information. The NRC plans to prepare
interested stakeholders, to explain how days before the date scheduled for fuel regulatory guidance providing further
the functional requirement to provide loading, but in all cases the § 52.103(a) explanation of what constitutes
‘‘sufficient information’’ with regard to notice would be published no later than ‘‘sufficient information’’ to demonstrate
ITAAC submittals could be met. 180 days before the scheduled fuel load, that the inspections, tests, or analyses
The NRC is also revising § 52.99(c) in as required by Section 189.a(1)(B) of the for uncompleted ITAAC will be
the final rule by adding a new paragraph AEA. successfully completed and the
(c)(2) requiring that, if the licensee has In Section V of the Supplementary acceptance criteria for the uncompleted
not provided, by the date 225 days Information of the proposed rule, the ITAAC will be met.
before the scheduled date for initial NRC requested stakeholder feedback on The NRC notes that, even though it
loading of fuel, the notification required whether a provision on completion of did not include a provision requiring
by paragraph (c)(1) of this section for all ITAAC in a set time period prior to fuel the completion of all ITAAC by a certain
ITAAC, then the licensee shall notify load should be added to the final rule. time prior to the licensee’s scheduled
the NRC that the prescribed inspections, Commenters did not support addition of fuel load date, the NRC will require
tests, or analyses for all uncompleted a requirement on completion of ITAAC some period of time to perform its
ITAAC will be performed and that the in a set time period prior to fuel load review of the last ITAAC once the
prescribed acceptance criteria will be and the NRC has not included a licensee submits its notification that the
met prior to operation (consistent with provision requiring the completion of
ITAAC has been successfully completed
the Section 189.a(1)(B) requirement and the acceptance criteria met. In
all ITAAC by a certain time prior to the
governing a request for hearing on addition, the Commission will require
licensee’s scheduled fuel load date.
acceptance criteria, and the Section some period of time to perform its
Instead, the NRC has decided to modify
185.b. requirement that the Commission review of the staff’s conclusions
the concept slightly by requiring the
find that the acceptance criteria in the regarding all of the ITAAC and the
licensee to submit, with respect to
combined license are met). The staff’s recommendations regarding the
ITAAC which have not yet been
notification must be provided no later Commission finding under § 52.103(g).
completed 225 days before the
than the date 225 days before the Therefore, licensees should structure
scheduled date for initial loading of
scheduled date for initial loading of their construction schedules to take into
fuel, additional information addressing
fuel. It is the licensee’s burden to account these time periods. The NRC
demonstrate that it will comply with the whether those inspections, tests, and intends to develop regulatory guidance
ITAAC and it must provide sufficient analyses will be successfully completed on the licensee’s completion and NRC
information to demonstrate that the and the acceptance criteria met before verification of ITAAC and will provide
prescribed inspections, tests, or analyses initial operation. In the case where the estimates of the time it expects to take
will be performed and the prescribed licensee has not completed all ITAAC to verify successful completion of
acceptance criteria for the uncompleted by 225 days prior to its scheduled fuel various types of ITAAC. The NRC
ITAAC will be met. The term ‘‘sufficient load date, the NRC expects the expects that such guidance, along with
information’’ requires, at a minimum, a information that the licensee submits frequent communication with licensees
summary description of the bases for the related to uncompleted ITAAC to be during construction, will provide
licensee’s conclusion that the sufficiently detailed such that the NRC licensees with adequate information to
inspections, tests, or analyses will be can determine what activities it will plan initial fuel loading and related
performed and that the prescribed need to undertake to determine if the activities.
acceptance criteria will be met. In acceptance criteria for each of the Section 52.99(d) states the options
addition, ‘‘sufficient information’’ uncompleted ITAAC have been met, that a licensee will have in the event
includes, but is not limited to, a once the licensee notifies the NRC that that it is determined that any of the
description of the specific procedures those ITAAC have been successfully acceptance criteria in the ITAAC have
and analytical methods to be used for completed and their acceptance criteria not been met. The NRC is revising
performing the inspections, tests, and met. In addition, the NRC is adopting § 52.99(d) in the final rule as a result of
analyses and determining that the the requirements in paragraphs (c)(1) comments made on the proposed rule.
acceptance criteria have been met. and (c)(2) to ensure that interested Proposed § 52.99(d) stated that, in the
Paragraph (e) has been revised to persons will be able to meet the Atomic event that an activity is subject to an
require that the NRC make available to Energy Act, Section 189.a(1), threshold ITAAC derived from a referenced early
the public the notifications to be for requesting a hearing with respect to site permit or standard design
submitted under § 52.99(c)(1) and (c)(2), both completed and as-yet uncompleted certification and the licensee has not
no later than the Federal Register notice ITAAC. The NRC therefore expects that demonstrated that the ITAAC has been
of intended operation and opportunity the information submitted by licensees met, the licensee may take corrective
for hearing on ITAAC under § 52.103(a). in the § 52.99(c)(2) notification will be actions to successfully complete that
A conforming change is included in sufficiently complete and detailed. ITAAC, request a variance from the
§ 2.105(b)(3) to require that the Furthermore, the NRC expects that any early site permit ITAAC, or request an
§ 52.103(a) notice reference the public contentions submitted by prospective exemption from the standard design
availability of the § 52.99(c)(1) and (2) intervenors regarding uncompleted certification ITAAC, as applicable. The
notifications. The NRC is requiring that ITAAC would focus on the inadequacies language in proposed § 52.99(d) that
the paragraph (c)(2) notification be of the procedures and analytical referred to requesting variances to ESP
made 225 days before the date methods described by the licensee for ITAAC after the COL is issued is
scheduled for initial loading of fuel, in completing those ITAAC in the context inconsistent with rule language in other
order to ensure that the licensee of the reasonable assurance finding sections of proposed part 52 (e.g.,
notifications are publicly available under § 52.103(b)(2). Therefore, the § 52.39(d)). Therefore, the NRC has
through the NRC document room and level of detail provided by the licensee adopted the commenters’ suggestion to
online through the NRC Web site at the should be sufficient to allow a delete references to ESP ITAAC and ESP
same time that the § 52.103(a) notice is prospective intervenor to form such variances from § 52.99(d).
Paragraph (e)(1) requires the NRC to schedule for completing the inspections, remaining provision to the original
publish, at appropriate intervals until tests, or analyses in the ITAAC. § 52.73(b), and not to § 52.79, as
the last date for submission of requests Licensees are required to submit recommended by NEI.
for hearing under § 52.103(a), notices in updates to the ITAAC schedule every 6
d. Section 52.75, Filing of Applications
the Federal Register of the NRC staff’s months thereafter and, within 1 year of
determination of the successful its scheduled date for initial loading of Section 52.75 provides requirements
completion of inspections, tests, and fuel, licensees must submit updates to for the filing of combined license
analyses. Paragraph (e)(2) provides that the ITAAC schedule every 30 days until applications. The NRC has reformatted
the NRC shall make publicly available the final notification is provided to the this section for consistency with the
the licensee notifications under NRC under § 52.99(c). In Section V of other subparts in 10 CFR part 52 and to
paragraphs (c)(1) and (c)(2). In general, the Supplementary Information of the replace the references to specific
the NRC expects to make the paragraph 2006 proposed rule, the NRC requested paragraphs within §§ 50.4 and 50.30
(c)(1) notifications availability shortly stakeholder feedback on whether such a with general references to those
after the NRC has received the provision should be added to the final sections. The specific references are no
notifications and concluded that they rule. Although some commenters did longer needed because the NRC is
are complete and detailed. Furthermore, not believe that a regulatory adopting conforming changes to §§ 50.4
by the date of the Federal Register requirement for submission of a and 50.30 in this final rule which clarify
notice of intended operation and schedule was necessary, the NRC which provisions are applicable to
opportunity to request a hearing on believes it is necessary to ensure the combined license applications.
whether acceptance criteria have been NRC has sufficient information to plan e. Section 52.78, Content of
or will be met (under § 52.103(a)), the all of the activities necessary for the Applications; Training and
NRC will make available the NRC to support the Commission’s Qualification of Nuclear Power Plant
notifications under paragraph (c)(2), and finding whether all of the ITAAC have Personnel
the notifications under paragraph (c)(2) been met prior to the licensee’s
for all ITAAC for which paragraph (c)(1) scheduled date for fuel load. Section 52.78 has been removed, and
notifications have not been provided by the requirements applicable to an
c. Section 52.73, Relationship to Other applicant for, and holder of, a combined
the licensee.
Finally, § 52.103(h) states that ITAAC Subparts license with respect to the training
do not, by virtue of their inclusion in Section 52.73 clarifies that a design program are moved to § 50.120, where
the combined license, constitute approval issued under subpart E of part the requirements currently exist for
regulatory requirements after the 52 or a manufacturing license under holders of operating licenses.
licensee has received authorization to subpart F of part 52 may also be f. Section 52.79, Contents of
load fuel or for renewal of the license. referenced in an application for a Applications; Technical Information in
However, subsequent modifications combined license filed under 10 CFR
Final Safety Analysis Report; and
must comply with the design part 52. The former § 52.73 only stated
§ 52.80, Contents of Application;
descriptions in the design control that a combined license may reference
Additional Technical Information
document unless the applicable a standard design certification or an
requirements in the § 52.97 (proposed early site permit. The final rule Section 52.79 is reformatted to divide
§ 52.98) and Section VIII of the design incorporates into new § 52.73(b) the the requirements for the technical
certification rules have been complied requirement in the current § 52.63(c) in contents of a combined license
with. order to clarify that this requirement application into two separate
In a letter dated April 3, 2001 applies to applicants for a combined provisions. Section 52.79 covers
(comment 23), NEI requested that the license. This provision requires that, requirements for the contents of the
NRC ‘‘consider incorporating DCR before granting a combined license FSAR, and § 52.80 covers requirements
[Design Certification Rule] general which references a standard design for the remainder of the technical
provisions into Subpart C as certification, information normally content of a combined license
appropriate.’’ The NRC has added these contained in certain procurement application.
ITAAC requirements to § 52.99, specifications and construction and Former § 52.79 states that a combined
consistent with NEI’s proposal, because installation specifications be completed license application must contain the
it believes that these provisions embody and available for audit if the technically relevant information
general principles that are applicable to information is necessary for the NRC to required of applicants for an operating
all holders of combined licenses. make its safety determinations, license by 10 CFR 50.34. The reference
The NRC revised § 52.99 in the final including the determination that the to 10 CFR 50.34 is removed and
rule to delete the requirements in application is consistent with the replaced with § 52.79(a), which contains
proposed § 52.99(a). Proposed § 52.99(a) certified design. No substantive change all of the relevant requirements from 10
required holders of COLs to comply is intended by the restatement of this CFR 50.34 that describe what must be
with the provisions of §§ 50.70 and requirement. In a letter dated April 3, included in the FSAR for a combined
50.71. Because the language in proposed 2001 (comments 3 and 3.a), NEI agreed license application, including
§§ 50.70 and 50.71 requires COL holders with the proposed change but requirements that are currently
to comply with their provisions, and recommended that the last sentence of applicable to both construction permit
because of the applicability provisions § 52.63(c) be deleted and the remaining and operating license applications. In
in § 52.0(b), this duplicate requirement provision be added to the former § 52.79 addition, requirements from other
in § 52.99 is unnecessary. rather than the former § 52.73. The NRC sections of 10 CFR part 50 (e.g., §§ 50.48
The NRC has added a new paragraph agrees with NEI that 10 CFR part 52 and 50.63) are included. These
(a) in § 52.99 that requires a licensee to should be modified to clarify that the requirements were issued after the
submit to the NRC, no later than 1 year requirement in former § 52.63(c) applied current fleet of operating reactors were
after issuance of the combined license to applicants for a combined license, licensed and, therefore, were not
or at the start of construction as defined and that the last sentence be deleted. required contents for these earlier
in 10 CFR 50.10, whichever is later, its However, the Commission is adding the FSARs. In making these modifications,
the NRC has attempted to capture all adding several new provisions to being made for consistency with § 50.34
relevant requirements regarding address operational programs in the which requires that emergency plans be
contents of the FSAR for a combined final rule. Specifically, the NRC is included in the FSAR for operating
license application. adding requirements to § 52.79 for COL license applications.
In addition, § 52.79(a) contains applicants to include a description of: The NRC is adding a new provision in
requirements for descriptions of (1) The process and effluent monitoring § 52.79(a)(29)(ii) that the applicant
operational programs that need to be and sampling program required by submit plans for coping with
included in the FSAR to allow a appendix I to 10 CFR part 50 emergencies, other than the plans
reasonable assurance finding of [§ 52.79(a)(16)(ii)]; (2) a training and required by § 52.79(a)(21). Paragraph
acceptability. This amendment is in qualification plan in accordance with 52.79(a)(21) requires the applicant to
support of the Commission’s direction the criteria set forth in appendix B to 10 submit emergency plans complying
to the staff in SRM–SECY–02–0067 CFR part 73 [§ 52.79(a)(36)(ii)]; (3) a with the requirements of § 50.47 and 10
dated September 11, 2002, ‘‘Inspections, description of the radiation protection CFR part 50, appendix E. This
Tests, Analyses, and Acceptance program required by § 20.1101 requirement was drawn from the
Criteria for Operational Programs [§ 52.79(a)(39)]; (4) a description of the existing requirement in § 50.34(b)(6)(v)
(Programmatic ITAAC),’’ that a fire protection program required by which requires applicants to submit
combined license applicant was not § 50.48 [§ 52.79(a)(40)]; and (5) a ‘‘Plans for coping with emergencies,
required to have ITAAC for operational description of the fitness-for-duty which shall include the items specified
programs if the applicant fully program required by 10 CFR part 26 in appendix E.’’ When this requirement
described the operational program and [§ 52.79(a)(44)]. During the preparation was translated into the associated
its implementation in the combined of the final rule, the NRC also noticed requirement for combined license
license application. In this SRM, the that the proposed rule had not applicants, the NRC inadvertently only
Commission stated: completely implemented the included a portion of the requirements
Commission’s direction regarding the in § 50.34(b)(6)(v), namely, the
[a]n ITAAC for a program should not be
necessary if the program and its treatment of operational programs in a requirement in proposed § 52.79(a)(21)
implementation are fully described in the COL application inasmuch as to submit emergency plans. The NRC
application and found to be acceptable by the requirements to address operational has corrected this omission in the final
NRC at the COL stage. The burden is on the program implementation were not rule by including the new provision in
applicant to provide the necessary and included in proposed § 52.79(a). § 52.79(a)(29)(ii) to include other plans
sufficient programmatic information for Therefore, in the final rule, the NRC has for coping with emergencies. This
approval of the COL without ITAAC. added requirements to address the requirement is meant to capture, for
The Commission clarified its implementation of all operational example, emergency operating
definition of fully described in SRM– programs required to be described in a procedures as discussed in SRP Section
SECY–04–0032, ‘‘Programmatic COL application. This is consistent with 13.5.2.1, ‘‘Operating and Emergency
Information Needed for Approval of a the Commission’s position in SRM– Operating Procedures.’’
Combined License Application Without SECY–02–0067 that a combined license The NRC has moved the requirements
Inspections, Tests, Analyses, and applicant is not required to have ITAAC contained in proposed § 52.79(a)(23)
Acceptance Criteria,’’ dated May 14, for operational programs if the applicant that addressed a request to conduct
2004, as follows: ‘‘fully describes the operational program activities under § 50.10(e) and added
and its implementation’’ in the them in a new § 52.80(c). The NRC
In this context, fully described should be
understood to mean that the program is combined license application [emphasis concluded that it is preferable to
clearly and sufficiently described in terms of added]. include both the list of proposed
the scope and level of detail to allow a In addition, the NRC added a new § 50.10(e) activities and the redress plan
reasonable assurance finding of acceptability. provision to § 52.79(a) in the final rule as separate documents in the
Required programs should always be to address the application requirements application, outside of both the site
described at a functional level and at an in current § 20.1406. Section 20.1406 safety analysis report and the
increased level of detail where requires applicants for a license to environmental report. The NRC’s
implementation choices could materially and describe in their application how conclusion is based on the fact that the
negatively affect the program effectiveness requirements in § 50.10(e) address both
and acceptability.
facility design and procedures for
operation will minimize, to the extent safety and environmental issues.
Accordingly, the NRC is adding practicable, contamination of the facility Additional changes were made to
requirements for descriptions of and the environment, facilitate eventual §§ 51.50 and 52.17 to implement this
operational programs. In doing so, the decommissioning, and minimize, to the concept.
NRC has taken into account NEI’s extent practicable, the generation of Some commenters recommended that
proposal to address SRM–SECY–04– radioactive waste. To ensure that § 52.79 the requirement in § 52.79(a)(37) to
0032 in its letter dated August 31, 2005 contains a complete list of the demonstrate how operating experience
(ML052510037). That proposal was requirements for the contents of a COL insights have been incorporated into the
reflected in SECY–05–0197 (October 28, application, the NRC added paragraph plant design be deleted. The NRC
2005, ML052770225), Attachment 1, (a)(45) to § 52.79 to require COL disagrees with this comment. The NRC
and approved by the Commission in applications to include the information developed this requirement for future
SRM–SECY–05–0197 dated February required by § 20.1406. This is not a new plants (see SRM on SECY–90–377) and
22, 2006 (ML060530316). During the requirement but merely a pointer to an it was implemented in past design
preparation of the final rule, the NRC existing requirement to include this certification applications by addressing
discovered that several of the information. NRC’s generic letters and bulletins. The
operational programs listed in SECY– Section 52.79(a) requires that NRC agrees that insights from generic
05–0197 were not addressed in emergency plans submitted with a letters and bulletins should be
proposed § 52.79. To ensure the list of combined license application be incorporated into the latest revision of
requirements for the contents of included in the FSAR. This the standard review plan (SRP).
applications is complete, the NRC is modification from the former rule is Therefore, for plant designs that are
based on or are evolutions of nuclear insights and uses, but also ensure that the information in the SSAR
plants that have operated in the United acknowledges that some quantitative is subject to control under § 50.59 after
States, the applicant should use NRC’s PRA results should be submitted. issuance of the COL. For these reasons,
generic letters and bulletins issued after Section 52.79(b) describes the variant the NRC is modifying the language in
the most recent revision of the on the requirements in § 52.79(a) for a § 52.79(b)(1) to state that the final safety
applicable SRP and 6 months before the combined license application that analysis report need not contain
docket date of the application. If the references an early site permit. Former information or analyses submitted to the
application is for a nuclear plant design § 52.79(a) did not explicitly require the NRC in connection with the early site
that is not based on or is not an application to address whether the permit. However, the final safety
evolution of a nuclear plant that terms and conditions specified in the analysis report must either include or
operated in the United States, the early site permit under § 52.24 have incorporate by reference the early site
applicant should address how insights been or will be met by the combined permit site safety analysis report. With
from any relevant international license holder, although this is implicit this modification, the NRC intends to
operating experience has been by the inclusion of any terms and convey that the combined license
incorporated into that plant. conditions in the early site permit. To applicant referencing the early site
Section 52.79(a)(41) requires that the remove any ambiguity in this matter, permit does not need to resubmit, for
applicant evaluate the facility against § 52.79(b)(3) requires that the FSAR NRC review, information or analyses
the standard review plan (SRP). For demonstrate that all terms and that were already reviewed and resolved
COL applicants that reference the same conditions that have been included in in the early site permit proceeding (such
design certification rule and adopt a the early site permit will be satisfied by as information provided in responses to
design-centered approach in preparing the date of issuance of the combined NRC requests for additional
their COL applications, the NRC expects license. The NRC is revising information). At the same time, the
that the ‘‘reference application’’ will § 52.79(b)(3) in the final rule based on NRC’s goal is to provide COL applicants
fully conform with this requirement and public comments to add an exclusion clear guidance as to what the combined
then any follow-on applications will not for terms and conditions imposed under license application must contain to be
need to provide the evaluations for the § 50.36(b) because such environmental considered complete. For similar
application information that is identical conditions should be addressed in the reasons, the NRC is also modifying the
to the reference application. The NRC environmental report and not in the language in proposed §§ 52.79(c)(1),
did not require applicants to evaluate final safety analysis report. In addition, (d)(1), and (e)(1) to include the
their facility against RG 1.206, the Commission is revising this provision that the FSAR in the COL
‘‘Combined License Applications for paragraph to add a provision that any application must either include or
Nuclear Power Plants.’’ However, the terms or conditions of the early site incorporate by reference the FSAR for
NRC believes that RG 1.206 can provide permit that could not be met by the time the design approval, design
useful guidance to COL applicants in of issuance of the combined license certification, or manufacturing license
preparing their applications and that must be set forth as terms or conditions that it is referencing. Note that each of
use of this guidance will facilitate the of the combined license. This provision the existing design certification rules
NRC’s review. is needed to address terms or conditions covered in appendices A through D of
The NRC has moved the requirement of the early site permit that are related part 52 prohibit the use of incorporation
that COL applicants submit a plant- to activities that will not take place until by reference in COL FSARs that
specific PRA that was in proposed after issuance of the combined license, reference them. At the time those rules
§ 52.80(a) to a new § 52.79(a)(46) in the such as construction activities. A were issued, the NRC was concerned
final rule based on public comments. In similar change is being made to that the staff would not have easy access
addition, the NRC has revised the §§ 52.79(d)(3) and (e)(3) for referenced to the final version of the design
provision to require the applicants design certifications and manufacturing certification FSAR (i.e., DCD) if it were
submit a description of their PRA and licenses. not included in the COL application.
its results in their COL FSAR. The NRC The NRC is making a revision to the The NRC will continue to put
agrees with some commenters who language in proposed § 52.79(b)(1) in restrictions in individual design
believed that applicants should not be the final rule. Proposed § 52.79(b)(1) certification rules (and possibly in early
required to submit their complete plant- stated that the FSAR for a combined site permits, design approvals, or
specific PRA and that, instead, license application referencing an early manufacturing licenses) if it does not
applicants should only be required to site permit need not contain information have confidence that the safety analysis
provide a summary description of the or analyses submitted to the NRC in reports can be easily accessed by the
PRA and its results in their FSAR with connection with the early site permit. staff if they are incorporated by
the understanding that the complete This rule language led to a great deal of reference in COL applications.
PRA (e.g., codes) would be available for discussion both within the NRC and in Section 52.79(c) describes the
NRC inspection at the applicant’s public meetings on combined license requirements for combined license
offices, if needed. The NRC expects that, application guidance as to what the applications that reference a standard
generally, the information that it needs NRC expected to see in a combined design approval. Previously, no
to perform its review of the COL license application that referenced an guidance was provided regarding a
application from a PRA perspective is early site permit. The NRC has combined license application that
that information that will be contained concluded that the FSARs in these referenced a standard design approval.
in applicants’ FSAR Chapter 19. The combined licenses applications must The requirements in § 52.79(c) are
NRC believes that COL application either include or incorporate by essentially the same as those for a
guidance that the NRC is developing is reference the SSAR for the early site combined license application that
consistent with the industry comment permit. The SSAR must be included or references a standard design
in that the staff does not expect the incorporated into the COL FSAR to certification in § 52.79(d).
complete PRA to be included in the ensure that matters addressed in the Section 52.79(d) describes the
COL applicant’s FSAR. The guidance SSAR legally become part of the FSAR requirements for combined license
focuses on qualitative description of upon issuance of the COL. This will also applications that reference a standard
design certification. Section 52.79(d) addition, § 52.79(e) requires that the reactors also apply to holders of
states that the FSAR for a combined plant-specific PRA information must combined licenses. Similarly, § 52.83
license application referencing a use the PRA information for the provides that all provisions of 10 CFR
standard design certification need not manufactured reactor and must be part 50 and its appendices applicable to
contain information or analyses updated to account for site-specific holders of operating licenses also apply
submitted to the NRC in connection design information and any design to holders of combined licenses issued
with the design certification. However, changes or departures. Section 52.79(e) under this subpart, once the
the final safety analysis report must also requires that the FSAR demonstrate Commission has made the findings
either include or incorporate by that the interface requirements required under § 52.99. The NRC
reference the standard design established for the design have been met believes that the former § 52.83 is not
certification final safety analysis report and that all terms and conditions that necessary because this proposed
(see discussion above) and must have been included in the rulemaking will provide conforming
contain, in addition to the information manufacturing license be satisfied by
changes throughout 10 CFR part 50 (as
and analyses otherwise required, the date of issuance of the combined
well as all other parts in Title 10
information sufficient to demonstrate license.
Section 52.80 is added to cover the Chapter I) to identify which
that the characteristics of the site fall requirements are applicable to
within the site parameters specified in required technical contents of a
combined license application that are combined license applicants and
the design certification. In addition,
not contained in the FSAR. These holders. Former § 52.83 also provides
paragraph (d) requires that the plant-
application contents include the ITAAC, provisions that address the duration of
specific PRA information must use the
PRA information for the design the environmental report, and the a combined license and these provisions
certification and must be updated to request to perform activities under would be moved to proposed § 52.104,
account for site-specific design § 50.10(e) with the associated redress Duration of combined license.
information and any design changes or plan. This last item was moved to The new § 52.83 states that, if an
departures. In the case where a COL § 52.80(c) in the final rule from its application for a combined license
application is referencing a design location in § 52.79(a)(23) in the references an early site permit, design
certification, the NRC only expects the proposed rule. The NRC concluded that certification rule, standard design
design changes and differences in the it is preferable to include both the list approval, or manufacturing license, the
modeling (or its uses) pertinent to the of proposed activities and the redress scope and nature of matters resolved for
PRA information to be addressed to plan as separate documents in the
the application and any combined
meet the submittal requirement of application, outside of both the site
license issued are governed by the
§ 52.79(d)(1). Section 52.79(d) also safety analysis report and the
environmental report. The NRC’s relevant provisions addressing finality,
requires that the FSAR demonstrate that including §§ 52.39, 52.63, 52.98, 52.145,
the interface requirements established conclusion is based on the fact that the
requirements in § 50.10(e) address both and 52.171. This provision clarifies the
for the design under § 52.47 have been relationship between a combined
met and that all requirements and safety and environmental issues.
Additional changes were made to license application and any other
restrictions that may have been set forth license or regulatory approval that an
in the referenced design certification §§ 51.50 and 52.17 to implement this
concept. applicant may reference in the
rule be satisfied by the date of issuance combined license application as far as
of the combined license. g. Section 52.81, Standards for Review issue resolution is concerned.
Section 52.79(e) describes the of Applications
requirements for a combined license 10 CFR parts 54 and 140 are added to i. Section 52.89, Environmental Review
application that references a the list of standards that the NRC will Section 52.89 is removed and
manufactured reactor. Previously, no use to review combined license reserved for future use. Former § 52.89
guidance was provided regarding a applications. Part 54 addresses
combined license application that required that, if a combined license
applications for renewal of combined application references an early site
referenced a manufactured reactor. licenses and part 140 includes the
These requirements are similar to those permit or a certified standard design,
requirements applicable to nuclear the environmental review must focus on
for the content of an FSAR for a reactor licensees with respect to
combined license referencing a design whether the design of the facility falls
financial protection and Indemnity
certification. Specifically, § 52.79(e) within the parameters specified in the
Agreements to implement Section 170
states that the FSAR need not contain early site permit and any other
of the AEA, commonly referred to as the
information or analyses submitted to the significant environmental issue not
Price-Anderson Act.
NRC in connection with the considered in any previous proceeding
manufacturing license. However, the h. Section 52.83, Finality of Referenced on the site or the design. Former § 52.89
final safety analysis report must either NRC Approvals; Partial Initial Decision further stated that, if the application
include or incorporate by reference the of Site Suitability does not reference an early site permit
manufacturing license final safety The former § 52.83, Applicability of or a certified standard design, the
analysis report and must contain, in part 50 provisions, is removed and environmental review procedures set
addition to the information and analyses replaced by a new section addressing out in 10 CFR part 51 must be followed,
otherwise required, information the finality of NRC approvals which are including the issuance of a final
sufficient to demonstrate that the site referenced in a combined license environmental impact statement, but
characteristics fall within the site application. Former § 52.83 provides excluding the issuance of a supplement
parameters specified in the that, unless otherwise specifically under § 51.95(a). This provision is
manufacturing license. This language provided for in subpart C to part 52, all removed because the requirements for
was slightly different in the proposed provisions of 10 CFR part 50 and its compliance with NEPA are now
rule and has been corrected in the final appendices applicable to holders of captured in § 52.79(a) and in the
rule to be consistent with § 52.79(d). In construction permits for nuclear power revisions to part 51.
j. Section 52.91, Authorization To the early site permit information that a circumstances outweigh any decrease in
Conduct Site Activities combined license applicant will be safety that may result from the
Section 52.91(a)(2) formerly provided referencing will be the information in reduction in standardization caused by
requirements for a combined license the SSAR, it is logical that the the departure. These limitations are
application that does not reference an allowance to request variances be intended to maintain the
early site permit, but that contains a site extended to the information in the standardization of manufactured
redress plan and states that the SSAR given that the NRC is allowing reactors in operation to the extent
applicant may not perform the site variances to the permit itself. In the practicable. The licensee may not depart
preparation activities allowed by 10 final rule, the NRC is also adding a from the design characteristics, site
CFR 50.10(e)(1) without first submitting provision to paragraph (b) of this section parameters, terms and conditions, or
that precludes the NRC from issuing a approved design of the manufactured
a site redress plan in accordance with
variance once a construction permit, reactor through the provisions of
§ 52.79(a)(3), and obtaining the separate
operating license, or combined license § 50.59.
authorization required by 10 CFR Finally, the provision contained in
50.10(e)(1). This provision further states referencing the early site permit is
issued; any changes that would paragraph (c) of this section in the 2006
that authorization must be granted only proposed rule (and in paragraph (b) in
after the presiding officer in the otherwise require a variance should
instead be treated as an amendment to the former rule) has been moved to
proceeding on the application has made paragraph (d) of this section in the final
the findings and determination required the construction permit or combined
license. rule. This provision states that issuance
by 10 CFR 50.10(e)(2), and has of a variance under paragraph (b) or a
determined that the site redress plan Section 52.93 is also revised in the
departure under paragraph (c) is subject
meets the criteria in § 52.17(c). This final rule to add a discussion of requests
to litigation during the combined
provision is amended to state that for departures from a referenced nuclear
license proceeding in the same manner
authorization may [emphasis added] be power reactor manufactured under a
as other issues material to that
granted only after the presiding officer manufacturing license in new paragraph
proceeding.
in the proceeding on the application has (c) of this section. This provision was
made the findings and determination inadvertently omitted in the proposed l. Section 52.97, Issuance of Combined
required by 10 CFR 50.10(e)(2), and has rule, although similar provisions were Licenses
determined that the site redress plan addressed in the proposed rule in The NRC has modified § 52.97 to be
meets the criteria in § 52.17(c). This §§ 52.98 and 52.171. However, the more consistent with the parallel
amendment is consistent with proposed rule incorrectly used the term provision in § 50.50, Issuance of
§ 52.91(a)(3), which states that ‘‘variance’’ to describe an application- licenses and construction permits, by
authorization to conduct the activities specific change to a reactor including requirements that, after
described in 10 CFR 50.10(e)(3)(i) may manufactured under a manufacturing conducting a hearing and receiving the
be granted only after the presiding license. The NRC has corrected these report submitted by the ACRS, the NRC
officer in the combined license provisions in the final rule to use the finds that there is reasonable assurance
proceeding makes the additional finding term ‘‘departure’’ for such changes, that the applicant is technically and
required by 10 CFR 50.10(e)(3)(ii). The consistent with the terminology used for financially qualified to engage in
NRC believes that may is the proper changes to a referenced design activities authorized; and that issuance
term to use in both of these provisions, certification. New paragraph (c) of this of the license will not be inimical to the
to reflect the NRC’s residual authority to section is consistent with these other common defense and security or to the
decline to authorize the ESP holder to sections and states that an applicant for health and safety of the public. Section
conduct § 50.10(e)(3)(i) activities, even a combined license who has filed an 52.97(c) is added, consistent with
if the NRC’s regulations are met. application referencing a nuclear power § 50.50, which states that a combined
reactor manufactured under a license shall contain conditions and
k. Section 52.93, Exemptions and manufacturing license may include in limitations, including technical
Variances the application a request for a departure specifications, as the NRC deems
Paragraph (a) of § 52.93, which from one or more design characteristics, necessary and appropriate. Former
includes a discussion of the site parameters, terms and conditions, § 52.97(b)(2) is moved to new § 52.98
requirements regarding requests for an or approved design of the manufactured because the issues addressed in this
exemption from any part of a referenced reactor. The NRC may grant a request section are issues associated with
design certification, is revised to state only if it determines that the departure finality of combined license provisions.
that the Commission may grant the will comply with the requirements of 10
request if it determines that the CFR 52.7, and that the special m. Section 52.98, Finality of Combined
exemption complies with any circumstances outweigh any decrease in Licenses; Information Requests
exemption provisions of the referenced safety that may result from the Section 52.98, which addresses the
design certification rule, or with § 52.63 reduction in standardization caused by finality associated with the issuance of
if there are no applicable exemption the departure. The criteria for granting combined licenses, is added to subpart
provisions in the referenced design the departure is the exemption criterion C of part 52, consistent with the other
certification rule. This provision in § 52.7; however, the departure itself subparts in 10 CFR part 52. Section
formerly referred to compliance with is not considered an exemption (unless, 52.98(a) states that, after issuance of a
§ 50.12(a). The NRC is revising of course, the departure also involves a combined license, the Commission may
paragraph (b) of this section in the final non-compliance with an underlying not modify, add, or delete any term or
rule to include an allowance for Commission regulatory requirement in condition of the combined license, the
applicants to request a variance from the 10 CFR Chapter I). Thus, the design of the facility, the inspections,
early site permit SSAR. The allowance Commission will not approve a tests, analyses, and acceptance criteria
for requesting variances to the SSAR departure unless the Commission finds, contained in the license which are not
was inadvertently omitted in the in addition to the routine exemption derived from a referenced standard
proposed rule. Because the majority of criteria in § 52.7, that special design certification or manufacturing
license, except in accordance with the proposed provision is in § 52.98(g), and combined license during an interim
provisions of §§ 52.103 or 50.109, as requires the NRC to evaluate each period under § 52.103(c), the period of
applicable. information request of the holder of a operation is not to exceed 40 years from
Section 52.98 includes provisions to combined license to determine that the the date allowing operation during the
clarify the applicability of the change burden imposed by the information interim period.
processes in 10 CFR part 50 and Section request is justified in light of the Section 52.105 provides requirements
VIII of the design certification rules in potential safety significance of the issue for the transfer of a combined license
10 CFR part 52 to a combined license. to be addressed in the information that refer the applicant to § 50.80.
Section 52.98(b) states that the change request. The only exception is for Section 52.107 provides a reference to
processes in 10 CFR part 50 apply to a information requests seeking to verify 10 CFR part 54 for the renewal of a
combined license that does not compliance with the current licensing combined license.
reference a design certification rule or a basis of the facility. If the request is
reactor manufactured under a from the NRC staff, the request will first Section 52.109 provides provisions
manufacturing license. Section 52.98(c) have to be approved by the EDO or his for the continuation of a combined
states that the change processes in or her designee. license and § 52.110 would provide
Section VIII of the design certification requirements for the termination of a
rules apply to changes within the scope n. Section 52.103, Operation Under a combined license. Formerly, part 52 did
of the referenced certified design. Combined License not address decommissioning of
However, if the proposed change affects Section 52.103(g) formerly required combined licenses (reactors that are
the design information that is outside of the NRC to find that the acceptance manufactured under a part 52
the scope of the design certification criteria in the combined license are met manufacturing license do not raise
rule, the part 50 change processes apply before operation of the facility, but did decommissioning concerns until they
unless the change also affects the design not refer to loading of fuel. However, are emplaced at a site, inasmuch as a
certification information. For that § 52.103(f) stated that fuel loading and manufacturing license does not permit
situation, both change processes may operation under the combined license loading of fuel or operation) and the
apply. will not be affected by the granting of termination of the combined license. By
Section 52.98(d) is added to address a petition to modify the terms and contrast, §§ 50.51 and 50.82 address the
changes to a combined license that conditions of the combined license permanent shutdown of a nuclear power
references a reactor manufactured under unless a Commission order is made plant, its decommissioning, and the
a manufacturing license. Section immediately effective. In the proposed termination of the part 50 operating
52.98(d)(1) states that, if the combined rule, this section was amended to license. There are two possible ways of
license references a reactor require the NRC to find that the addressing this omission: §§ 50.51 and
manufactured under a subpart F acceptance criteria in the combined 50.82 could be modified to reference
manufacturing license, then changes to license are met before fuel load and combined licenses under part 52, or the
or departures from information within operation of the facility. The NRC has provisions analogous to these sections
the scope of the manufactured reactor’s decided not to adopt the proposed rule could be added to part 52. The NRC
design are subject to the change language which would have precluded believes that the second alternative is
processes in § 52.171. Note that the loading of fuel into the reactor until the best approach. The combined
proposed rule incorrectly used the term acceptance criteria have been met. The license holder’s responsibilities upon
‘‘variance’’ to describe an application- NRC believes that the rule should expiration of its license is more a matter
specific change to a reactor reflect, as closely as possible, the of regulatory authority and therefore is
manufactured under a manufacturing statutory requirement in Section 185.b best placed in part 52. While the
license. The NRC has corrected this of the AEA. The NRC has historically question is closer with respect to
provision in the final rule to use the viewed ‘‘operation’’ as including decommissioning, the NRC believes that
term ‘‘departure’’ for such changes, loading of fuel into the reactor, however most users would likely turn to part 52
consistent with the terminology used for it is not necessary to change the rather than part 50 to determine the
changes to a referenced design language of § 52.103(g) to continue the requirements for decommissioning,
certification. Section 52.98(d)(2) states historical practice. The NRC believes inasmuch as decommissioning involves
that changes that are not within the that this is the common interpretation of questions of both procedure and
scope of the manufactured reactor’s § 52.103(g). technical requirements.
design are subject to the applicable
o. Section 52.104, Duration of Combined 9. Subpart D, Reserved
change processes in 10 CFR part 50 (e.g.,
License; § 52.105, Transfer of Combined
§§ 50.54, 50.59, and 50.90). The NRC 10. Subpart E, Standard Design
License; § 52.107, Application for
made all of these requirements to Approvals (§§ 52.131 Through 52.147)
clarify, in one location, the finality Renewal; § 52.109, Continuation of
provisions applicable to all portions of Combined License; and § 52.110, The former appendix O to part 52 set
a combined license. Termination of License forth the requirements for NRC staff
Finally, the NRC has added a new Five new provisions are added to approval of a standard design for a
paragraph (g) to the ‘‘finality’’ section in subpart C of part 52 for consistency with nuclear plant or a major portion of a
each subpart of part 52, including the other subparts in 10 CFR part 52 and nuclear plant. This licensing process
§ 52.98, entitled ‘‘Information requests,’’ to parallel requirements in 10 CFR part was first adopted by the NRC in 1975
which delineates the restrictions on the 50 for operating licenses. Section and has been used many times,
NRC for information requests to the 52.104, addresses the duration of a including issuance of four final design
holder of the combined license. This combined license and contains approvals (FDAs) under appendix O to
provision is analogous to the former requirements that formerly existed in part 52 from 1994 through 2004. These
provision on information requests in § 52.83. In addition, the Commission FDAs were issued during previous
paragraph 8 of appendix O to parts 50 has amended these requirements to design certification reviews when FDAs
and 52, and is based upon the language indicate that, where the Commission were a prerequisite to certification of a
of § 50.54(f). For combined licenses, this has allowed operation under a standard plant design (see SOC
discussion on 10 CFR 52.43 in this design approvals. In addition, approval Commission agrees with NEI’s
document). of final design information removes the recommendation and has decided that
When the NRC adopted part 52 in unpredictability of issuing a the duration of standard design
1989, the Commission did not re- construction permit that references only approvals should correspond to the
examine the regulatory scheme for preliminary design information and duration of design certifications,
standard design approvals to determine initiating construction while the final inasmuch as both design approvals and
if the bases for adopting part 52 and the design information is being developed. design certifications constitute
licensing processes codified in part 52 Approval of a final design ensures early approvals of nuclear power plant
would also be an impetus for consideration and resolution of designs, and the period of effectiveness
reorganizing the design approval technical matters before there is any of the approval from a technical
process. However, the Commission did substantial commitment of resources standpoint is not a function of whether
undertake a re-examination of appendix associated with the construction of the the approval is granted by the NRC staff
O to part 52 in the 2003 proposed rule plant, which will greatly enhance or the Commission. Some commenters
and proposed certain changes. In view regulatory stability and predictability. recommended that § 52.147 be rewritten
of the substantial reorganization and The Commission has decided that the to provide for renewals of standard
rewriting of part 52 in this rulemaking, contents of applications for design design approvals. The Commission
the Commission gave further approvals should contain essentially the disagrees with this comment. The
consideration to the licensing process in same technical information that is original appendix O to part 52 did not
appendix O to part 52 and has made required of design certification contain a process for renewing design
additional changes to enhance the applications (e.g., demonstration of approvals and most of the design
regulatory effectiveness and efficiency compliance with technically relevant approvals issued under appendix O to
of that licensing process. Three Mile Island requirements, part 52 were for a 5-year duration. In
The Commission continues to believe proposed technical resolutions of this rulemaking, the Commission has
that the best approach for obtaining unresolved safety issues and medium- tripled the duration for a design
early resolution of design issues is and high-priority generic safety issues, approval and believes that renewals will
through the design certification process and design-specific probabilistic risk not be necessary. Also, as stated before,
in subpart B of part 52. Design assessment information). the Commission favors the use of the
certification will provide greater finality Regarding applications for a major design certification process, which
and standardization than the design portion of the standard plant design, includes a process for renewals.
approval process. Consequently, the such as the nuclear steam supply
Commission favors use of the design system, the application only needs to 11. Subpart F, Manufacturing Licenses
certification process, which suggests contain the information required for the The following discussion explains the
that the design approval process could contents of applications that are requirements in subpart F of part 52
be eliminated. However, given the applicable to the major portion of the generically, and covers §§ 52.151,
frequent use of appendix O to part 52 plant for which NRC staff approval is 52.153, 52.155, 52.156, 52.157, 52.159,
in the past, the Commission has decided requested. 52.161, 52.163, 52.165, 52.167, 52.169,
to retain this process and to reorganize The requirements for contents of 52.171, 52.173, 52.175, 52.177, 52.179,
and reformat the design approval applications for design approvals and 52.181.
process to be consistent with other (§ 52.137) were renumbered to be Former appendix M of parts 50 and 52
subparts. consistent with the numbering of set forth the NRC’s requirements
The design approval process, formerly requirements in § 52.47. Also, many of governing manufacturing licenses.
located in appendix O to part 52, has the public comments on contents of Appendix M, which was first adopted
been moved to subpart E of part 52 and applications for design certification by the NRC in 1973 as an appendix to
reformatted to be consistent with other apply to the requirements for design part 50, provided for issuance of a
subparts. A new § 52.133 was created to approvals (see the SOC of this document license authorizing the manufacture of a
describe the relationship of the design for the discussion for § 52.47). Some nuclear power reactor to be
approval process with other subparts. commenters recommended that the incorporated into a nuclear power plant
An FDA may be referenced in an requirement for coping with under a construction permit and
application for a construction permit or emergencies [§ 52.137(a)(11)] be deleted operated under an operating license at
operating license under part 50 or a because applicants for design approvals a different location from the place of
design certification, combined license, will not be responsible for certain manufacture. Under the licensing
or manufacturing license under part 52. emergency planning design features. regime in former appendix M, the NRC
The filing requirements for design The Commission disagrees with this did not approve a final reactor design to
approvals are consistent with other comment. This requirement was taken be manufactured as part of the issuance
subparts of part 52. The applicants may from the original appendix O of part 52, of the manufacturing license. Rather,
still request approval of either the entire paragraph 3, and it applies to design analogous to the two-step construction
facility or major portions thereof, but features for coping with emergencies in permit/operating license process, the
the applications are limited to final the operation of the reactor, not for NRC would issue a manufacturing
design information. There are several emergency planning. license based upon the review and
reasons for this change. First, the A new § 52.139, which specifies the approval of a preliminary design
Commission’s recent experience with standards that will be used to review equivalent to that provided in a
FDAs and design certifications applications for design approvals and construction permit application. Upon
demonstrates that nuclear plant new §§ 52.145 and 52.147, which issuance of the manufacturing license,
designers are technically capable of specify the finality and duration of manufacturing of the reactor can
developing essentially complete and design approvals was added to be commence, although the NRC must
final design information for NRC review consistent with other subparts. In a approve the final design of the
and approval. Furthermore, the letter dated November 13, 2001, NEI manufactured reactor by license
economic incentives with respect to commented that ‘‘Industry recommends amendment before the manufactured
design certification also apply to final FDAs be valid for 15 years.’’ The reactor may be transported from the
place of manufacture to the site where as compared to the traditional method The environmental report must
it is to be operated. of constructing reactors onsite by a address SAMDAs, similar to standard
When the NRC adopted part 52 in variety of contractors and design certifications, because the design
1989, it added appendix M to part 52. subcontractors. approval stage is usually the most cost-
However, the NRC did not re-examine The technical information required to effective opportunity for incorporating
the regulatory scheme for manufacturing be included in an application for a design features for addressing severe
licenses in order to determine if the manufacturing license, as set forth in accidents. The NRC notes that the
bases for adopting part 52 would also be §§ 52.157 and 52.158, reflects both the environmental report need not address
an impetus for changing the regulatory expansion of the scope of approval to environmental impacts associated with
scheme for manufacturing licenses. Nor include the final design of the reactor to the actual manufacture of the reactor at
did the NRC undertake such a re- be manufactured, as well as lessons any manufacturing location, inasmuch
examination as part of the process learned with respect to the NRC’s as a manufacturing license does not
leading to the 2003 proposed rule. review of early site permits. Section represent NRC approval of any specific
However, the NRC has reconsidered the 52.157, which sets forth the technical location, facility, or appurtenance for
efficacy of the manufacturing license information to be submitted in support manufacturing. Rather, the NRC is
process in former appendix M to part of the design of a reactor, is derived approving a reactor design for
52, and has decided to adopt substantial from the existing requirements in manufacture and the ITAAC for
changes to those requirements in order current part 52, subparts B and C, verifying that it has been acceptably
to enhance regulatory effectiveness and governing the technical information to manufactured and integrated into a
efficiency. These new requirements are be submitted in support of an nuclear power facility so that it can be
contained in a new subpart F to part 52. application for a standard design safely operated in accordance with the
The most important shift in the certification and combined license. In approved manufactured reactor design,
manufacturing license concept in addition, § 52.157 requires that the the NRC’s regulations, and the
subpart F is that a final reactor design, application address the provisions with requirements of the AEA. These
equivalent to that required for a respect to the demonstration by test, determinations were reflected in
standard design certification under part analysis, experience, or a combination proposed §§ 52.158(c)(1), 51.54, and
52 or an operating license under part 50, thereof, of simplified, inherent, passive, 51.75(c)(3). However, in the final rule,
must be submitted and approved before or other innovative means to the Commission has removed from
issuance of a manufacturing license. accomplish safety functions, or the proposed §§ 52.158(c)(1) and (2) (final
There are several reasons for this shift. results of testing of a prototype plant, as §§ 52.158(b)(1) and (2)) the rule
First, the Commission’s experience with set forth in revisions to § 50.43. As language addressing the content of the
standard design certifications discussed separately with respect to environmental report, and integrated
demonstrates that nuclear power plant § 50.43, these testing and prototype that language into §§ 51.54 and
designers are technically capable of requirements incorporated into § 50.43 51.75(c)(3). Proposed § 52.158(c)(2)
developing a complete reactor design for were derived from the former (final § 52.158(b)(2)) has been revised in
Commission review. Furthermore, the requirements in § 52.47(b). the final rule to address the scope of the
economic incentives and limitations Information which must be submitted environmental report if the
with respect to approval of a standard as part of an application, but is not manufacturing license application has
reactor design certification also apply to typically considered part of a final referenced a standard design
the approval of a design of a safety analysis report, is identified in certification.
manufactured reactor. Indeed, one could § 52.158. This includes proposed ITAAC Section 52.163 of the March 2006
argue that the holder of a manufacturing to be used by the licensee who will proposed rule would have required that
license may structure the commercial construct and operate a nuclear power the NRC conduct a ‘‘mandatory’’ hearing
transaction to reduce the economic risk plant at its site using the manufactured in connection with the initial issuance
associated with the application for a reactor and an environmental report for of a manufacturing license, even though
manufacturing license for a final reactor the manufactured reactor. Note that, in the AEA does not require a mandatory
design, as compared to the economic the final rule, the NRC has moved hearing for issuance of manufacturing
risk associated with a standard design proposed § 52.158(a) to a new licenses. For the reasons set forth in the
certification. Second, approval of a final § 52.157(f)(31) which requires that NRC’s response to Commission
reactor design removes the former manufacturing license applicants Question 2, and the discussion on
awkward regulatory process of issuing a submit a description of the design- §§ 2.104 and 2.105, the NRC has
manufacturing license, and specific PRA and its results in the decided not to require a ‘‘mandatory’’
subsequently amending the license FSAR. The NRC agrees with some hearing for initial issuance of a
when a final design is submitted. commenters that applicants should not manufacturing license, and § 52.163 is
Approval of a final design ensures early be required to submit their complete revised in the final rule to refer to a
consideration and resolution of design-specific PRA and that, instead, publication of a notice of proposed
technical matters before there is any applicants should only be required to action under § 2.105, rather than a
substantial commitment of resources provide a summary description of the notice of hearing under § 2.104.
associated with the actual manufacture PRA and its results in their FSAR with In light of the NRC’s review and
of the reactor, which will greatly the understanding that the complete approval of a final design as part of
enhance regulatory stability and PRA (e.g., codes) would be available for issuance of a manufacturing license, the
predictability. Finally, Commission NRC inspection at the applicant’s final rule provides a greater degree of
approval of standardized manufacturing offices, if needed. The NRC expects that, finality to a manufacturing license as
processes, coupled together with the generally, the information that it needs compared with a standard design
potential for a stable workforce and the to perform its review of the certification. Under § 52.171(a)(1), the
application of manufacturing process manufacturing license application from same degree of issue finality accorded to
feedback, has great opportunities for a PRA perspective is that information the ‘‘certified design’’ applies
maintaining and even improving the that will be contained in applicants’ throughout the term of the
quality and consistency of manufacture, FSAR Chapter 19. manufacturing license. Under this
provision, the NRC may not impose any process and restrictions already less than 3 years before the expiration
change or modification to the approved established in the Commission’s date, but may continue the
design (including site parameters, or regulations such as § 50.59, and manufacturing of a reactor whose
design characteristics) for the § 50.54(a), and may not require license manufacture commenced before the 3-
manufacturing license unless the NRC amendments. year deadline up to license expiration.
determines that the change or The only relevant rationale provided If, however, an application for renewal
modification is necessary either for by the commenters is that obsolescence is timely-filed with the NRC,
adequate protection or for compliance of components and component manufacturing of a reactor whose
with requirements applicable and in manufacturers’ changes would manufacture commenced before the 3-
effect at the time the manufacturing necessitate minor changes to the reactor year deadline may continue until the
license was issued. Similarly, the design over a 15-year period. Although time that the NRC completes action on
manufacturing license holder may not the Commission acknowledges the the renewal application in accordance
make changes to the design under the likelihood of these factors, the NRC staff with the Timely Renewal Doctrine of
provisions of 10 CFR 50.59. Any change does not see any reason why these
the Administrative Procedure Act
to the design will require a license factors are more likely to affect the
(APA). The Commission believes that
amendment. The Commission regards design of a manufactured reactor as
the timely renewal period should be
this as similar to the level of change compared with the design approved in
a design certification. It is not clear why based upon the time reasonably needed
control imposed on designs which are by the agency to complete action on a
the subject of a standard design a change in component sourcing would
necessarily result in a ‘‘design change’’ renewal application, so that an
certification. The Commission is applicant’s reliance upon timely
requiring an amendment to the
imposing this stringent level of change renewal is the rare exception rather than
manufacturing license. Finally, the
control because one of the key reasons the rule. The NRC selected the 3-year
Commission notes that the proposed
for licensing manufactured reactors is to deadline as a reasonable period for
rule does not mandate ‘‘zero changes in
enhance standardization—one of the completing the manufacture of a nuclear
a reactor design.’’ As specifically stated
original objectives of the 1989 part 52 power reactor, based in large part upon
in the SOC of the March 13, 2006 (71
rulemaking. Unlike design certification, public statements by various reactor
FR 12801), proposed rule (second
which is an approval of a ‘‘paper vendors that they have set goals for
column), proposed § 52.171(b)(1) would
design,’’ the NRC’s proposed concept of allow the manufacturer to make changes constructing complete nuclear power
a manufacturing license is pre-approval to the approved design to be plants onsite within 3 years. It seems
of the procurement, manufacturing, and manufactured, albeit by license reasonable, therefore, that a
quality assurance processes that amendment. manufactured reactor, built in a
translates the approved reactor design The final rule provides that the term controlled environment using industrial
into a manufactured assembly in a of a manufacturing license to be for no manufacturing processes, would be able
controlled environment, with the less than 5, or more than 15 years from to be manufactured in the same 3-year
capability to optimize techniques and the date of issuance. The Commission period as the construction of an entire
procedures based upon feedback. Some established the 15-year maximum term facility onsite. Paragraph (b) is corrected
of these advantages may be lost if each to be consistent with the maximum term in the final rule by removing the phrase,
‘‘manufactured’’ reactor were treated as for a standard design certification. The ‘‘that the Commission may impose,’’ in
a ‘‘one-off’’ custom product. Imposing 5-year minimum term was established order to avoid the possible
the discipline of a license amendment by the Commission to encourage the use misinterpretation that the Commission
process should ensure that a profusion of a manufacturing license for the could choose not to impose new
of changes are not made to the approved manufacture of more than one nuclear adequate protection requirements
design at random intervals. The power reactor. The language of § 52.171 identified by the Commission. In
Commission disagrees with commenters has been corrected in the final rule by addition, paragraph (b)(2) is corrected
on the proposed rule that the design of replacing the reference in paragraph by removing the reference to ‘‘site
a manufactured reactor should be (b)(1) to § 50.12 with a reference to permit’’ and substituting the term,
subject to less-stringent change § 52.7, and replacing the term, ‘‘manufacturing license.’’
provisions than a standard design ‘‘exemption,’’ in paragraph (b)(2) with
certification. The commenters have not ‘‘departure.’’ The final rule does not require that
demonstrated that there are special or In proposed § 52.167(b)(3), the the manufacturing license specify an
unique aspects of manufacturing, as Commission included a provision earliest and latest date for completion of
compared with the construction of a which would have required the manufacture of any individual reactor.
nuclear power plant based upon a manufacturing license to specify the Section 185 of the AEA directs that
referenced standard design certification, number of reactors authorized to be ‘‘[t]he construction permit shall state the
that would weigh against maintaining manufactured under the manufacturing earliest and latest date for completion of
the high degree of design license. Upon further consideration in the construction or modification.’’
standardization achieved by design response to a comment on the proposed Inasmuch as a manufacturing license is
certification. One commenter correctly rule, the Commission has decided that not a construction permit, there does
noted that changes in such there is no valid regulatory basis for not appear to be any legal need for the
manufacturing matters as procurement, including this provision, and it may in manufacturing license to specify the
manufacturing processes, or quality fact serve as a disincentive for the earliest and latest date of completion of
assurance are not subject to the manufacturer to improve the efficiency manufacture. The language of this
proposed § 52.171(b)(1) change and productivity of the manufacturing section has been corrected in the final
restriction, because these matters do not process. Accordingly, this provision is rule to make clear that the duration of
constitute changes to the approved not included in the final rule. the renewed manufacturing license
design of the reactor to be Under § 52.177(c), the holder of a consists of the renewed term plus any
manufactured. These changes would be manufacturing license may not period remaining on the superseded
governed by the applicable change commence manufacturing of a reactor license (analogous to the determination
of the duration of a renewed operating ordinarily be subject to challenge in any accident issues would require a license
license under part 54). subsequent proceeding or action (such amendment. The final rule amends
as an enforcement action) listed in the paragraph B.5.c to clarify that the
12. Subpart G of Part 52 [Reserved]
introductory portion of paragraph IV.B, special process applies to ex-vessel
13. Subpart H of Part 52—Enforcement but there would not be any issue severe accident design features that are
This subpart contains two provisions, resolution on that subject matter for any described in the plant-specific design
§ 52.301 and § 52.303, which are other plant. control document (DCD).
comparable to former § 52.111 and Each of the DCRs includes a Section For purposes of applying the special
VIII on processes for changes and criteria in paragraph B.5.c of Section
§ 52.113, and are analogous to
departures. These processes apply to VIII, severe accident resolutions are
provisions contained in other parts of 10
changes and departures depending upon limited to those design features where
CFR Chapter I imposing requirements
the category of certification information the intended function of the design
on regulated entities. Section 52.301
affected. For plant-specific Tier 2 feature is relied upon to resolve
reiterates, and provides notice to
information, the departure process postulated accidents when the reactor
licensees and applicants under part 52
established in the rule mirrors, in large core has melted and exited the reactor
of the Commission’s authority to obtain
part, that in the former 10 CFR 50.59. vessel (ex-vessel severe accidents) and
injunctions or other court orders for the
The final rule amends paragraph the containment is challenged. The
enumerated violations. Section 52.113
VIII.B.5 of the DCRs in appendices A, B, location of the ex-vessel severe accident
provides notice to all persons and and C to conform the terminology in the design information in the DCD is not
entities subject to part 52 that they are § 50.59-like process to that used in the important to the application of this
subject to criminal sanctions for willful current § 50.59. This amendment special departure process in paragraph
violations, attempted violations, or deleted references to unreviewed safety B.5.c. Some design features may have
conspiracy to violate certain regulations questions and safety evaluations, and intended functions to meet both ‘‘design
under part 52. The regulations listed in conformed the evaluation criteria basis’’ requirements and to resolve ex-
paragraph (b), for which criminal concerning when prior NRC approval is vessel severe accidents. If these design
sanctions do not apply, have been needed. Also, a definition was added to features are reviewed under paragraph
updated to reflect the final part 52 the DCRs (paragraph II.G) for ‘‘departure VIII.B.5, then the appropriate criteria
rulemaking. Section 52.99 was from a method of evaluation’’ to support from either paragraph B.5.b or B.5.c are
erroneously listed in paragraph (b) in the evaluation criterion in paragraph selected depending upon which
the proposed rule. Because that VIII.B.5.b(8) of appendices A, B, and C function the departure is being taken
regulation contains substantive to part 52. from.
requirements which are promulgated In an earlier rulemaking (see 64 FR Each of the DCRs in appendices A, B,
under Section 161.b., i, and o of the 53582; October 4, 1999), the NRC and C to part 52 includes a section on
AEA, it has been removed from the list revised § 50.59 to incorporate new records and reporting. The NRC revised
of regulations in paragraph (b). thresholds for permitting departures paragraph X.B.3.b in appendices A, B,
14. Appendices A, B, C, and D to Part from a plant design as described in the and C to part 52 to change the reporting
52—Design Certifications for ABWR, FSAR without NRC approval. For frequency from quarterly to semi-
System 80+, AP600, and AP1000 consistency and clarity, similar changes annually, and to extend the period of
were adopted for part 52 applicants or increased reporting frequency, relative
The NRC amended paragraphs VI.B.4, licensees. Because of some differences to the frequency of 10 CFR 50.59(d) and
5, and 6 of the design certification rules in how the requirements are structured 50.71(e)(4), from the date of a license
(DCRs) in appendices A, B, and C to part in the DCRs, certain criteria contained application that references a DCR to the
52 for the U.S. ABWR, System 80+, and in § 50.59 are not necessary for or date that the Commission makes the
AP600 designs, respectively, by applicable to part 52 and are not being finding under 10 CFR 52.103(g). The
substituting the phrase ‘‘but only for included in this rule. One criterion requirement to report plant-specific
that plant’’ for the erroneous phrase definition that the NRC did include was departures from, and updates to, the
‘‘but only for that proceeding’’ from § 50.59 for a ‘‘Departure from a design control document during the
(emphasis added). The new phrase method of evaluation,’’ which is interval from the application for a
correctly characterizes the scope of appropriate to include in this combined license until the Commission
issue resolution in three situations. rulemaking so that the eighth criterion makes the finding under § 52.103(g) is to
Paragraph VI.B.4 describes how issues in paragraph VIII.B.5.b of appendices A, facilitate NRC’s monitoring of changes
associated with a DCR are resolved B, and C to part 52 will be implemented to the nuclear power plant, to achieve
when an exemption has been granted for as intended. a common understanding of how the as-
a plant referencing the DCR. Paragraph Each of the DCRs includes a special built facility conforms to the design
VI.B.5 describes how issues are resolved process in Section VIII for departures information, and to adjust the
when a plant referencing the DCR from selected severe accident issues. inspection program to reflect the design
obtains a license amendment for a The Commission believes that the changes.
departure from Tier 2 information. resolution of severe accident issues The amendment to paragraph X.B.3.b
Paragraph VI.B.6 describes how issues should be preserved and maintained in of appendices A, B, and C to part 52
are resolved when the applicant or the same fashion as all other safety reduced the frequency of reporting
licensee departs from the Tier 2 issues that were resolved during the during the period of construction and
information on the basis of paragraph design certification review (refer to SRM increased the frequency of reporting
VIII.B.5, which waives the requirement on SECY–90–377). However, because of during the application review period.
to obtain NRC approval for such the increased uncertainty in severe The NRC believes that these changes in
departures. Thus, once a matter (e.g., an accident issue resolutions, the the reporting burden balance each other
exemption in the case of paragraph Commission codified separate criteria in and provide the information needed by
VI.B.4) is addressed for a specific plant paragraph B.5.c of Section VIII for the NRC to fulfill its responsibilities in
referencing a DCR, the adequacy of that determining if a departure from design the licensing of future nuclear power
matter for that plant would not information that resolves these severe plants. In order to make the finding
under § 52.103(g), the NRC must part 52 rulemaking. Inasmuch as the CFR part 52, appendix N and subpart D
monitor the design changes made under changes to appendix N of part 52 of part 2. As discussed under subpart D
Section VIII of the DCRs. Frequent constitute, in essence, revisions to the of part 2, the NRC also has discretion to
reporting of design changes will be NRC’s rules of procedure and practice either publish a notice of hearing for
particularly important in times when (albeit located within part 52), the NRC each application (possibly with the
the number of design changes could be may adopt them in final form without period for the filing of petitions to
significant, such as during the further notice and comment, under the intervene running from the notice of
procurement of components and rulemaking provisions of the APA, 5 hearing for the last application of the
equipment, the detailed design of the U.S.C. 553(b)(A). group), or to publish a joint notice of
plant before and during construction, The overall concept of the revised hearing for multiple applications.
and during pre-operational testing. After appendix N to part 52 is that each Paragraph 6 of appendix N to part 52
the facility begins operation, the application is to be treated as a separate sets forth the procedures by which the
frequency of reporting would revert to application, with the exception of the NRC will fulfill its obligations under
the requirement in paragraph X.B.3.c, common design. Hence, appendix N to NEPA. The NRC staff will prepare a
which is consistent with operating plant part 52 requires separate applications, separate draft EIS for each application,
requirements. separate determinations of sufficiency but the NRC may conduct joint scoping
Additional editorial changes to the for docketing, separate notices of on environmental issues related to the
design certification rule language in docketing, and so forth. Sections common design. If the applications
appendices A, B, C, and D to part 52 are requiring further explanation are reference a standard design certification
discussed in the NRC’s responses to discussed below. or the use of a manufactured reactor,
public comments on Question 11 (see Paragraph 2 of appendix N to part 52 then the EIS must incorporate by
Section IV of this document). requires that each application state that reference the EA prepared for either the
the applicant wishes to have the design certification or the
15. Appendix N to Part 52—Combined application considered under appendix manufacturing license, as applicable.
Licenses for Nuclear Power Reactors of N to part 52, and to list all of the The NRC has decided that the EA need
Identical Design applications that are to be treated not be included in the EIS. The
Prior to this final rulemaking, together. This requirement ensures that Commission has required other
appendix N in parts 50 and 52 the NRC is clearly informed of the documents to be incorporated into the
contained the NRC’s procedures intentions of all applicants, and to FSAR in order to maximize the utility
governing the review and issuance of ensure that any individual reviewing and ease of use of the FSAR, which is
licenses for nuclear power plants of the application can easily determine all used repeatedly by the NRC staff over
‘‘duplicate design.’’ Hearings for of the applications using the identical the lifetime of the licensed reactor. By
applications filed under appendix N in (‘‘common’’) design. contrast, the EIS is not typically utilized
both parts 50 and 52 are governed by Paragraph 3 of appendix N to part 52 by the staff in such a manner; hence, the
subpart D of part 2. In the March 2006 requires that each application identify NRC deemed it unnecessary to require
proposed rule, the NRC proposed the common design, and that the FSAR physical incorporation of the referenced
deleting appendix N in part 52, and either incorporate by reference or design certification or manufacturing
retaining these provisions only in part include the common design. This license EA into the referencing
50. Although no comment was received ensures that there will be a single combined license EIS.
on this proposal, the NRC has decided physical FSAR document that may be Paragraph 7 of appendix N to part 52
to withdraw its proposal to delete utilized by the NRC, and viewed by requires the ACRS to report on each of
appendix N in part 52. Since the members of the public. the combined license applications, as
preparation of the March 2006 proposed Paragraph 5 of appendix N to part 52 required by § 52.87. Each ACRS report
rule, several industry groups have provides that, upon an NRC is to be limited to the safety matters
announced their intention to seek determination that each application is which are not relevant to the common
combined licenses utilizing the same acceptable for docketing under 10 CFR design. In addition, the ACRS must
design. In view of this industry 2.101, each application will be issue a report on the safety of the
development, the NRC believes that separately docketed (i.e., each common design—except for those
there is potential utility to keeping the application will be given a separate matters relevant to the safety of a
option of appendix N in part 52 open to docket number, but that docket number referenced design certification or
potential combined license applicants. may include a special designator manufactured reactor. Issuance of
Accordingly, the NRC is retaining in signifying that it is part of a group of separate reports for each application
part 52 the procedural alternative applications filed under appendix N to will facilitate NRC staff internal review,
provided in appendix N to part 52, and part 52). Ordinarily, the NRC will consideration, and response to the
to revise its language to make its publish in the Federal Register a ACRS report. It will also ensure that
provisions applicable to combined separate notice of docketing for each issues relevant to one application (e.g.,
licenses using identical designs. As part application, so that delays in the siting) are not addressed in the
of this revision, the NRC set forth more docketing of one application will not proceeding and hearing for another
explicit direction on the information to delay the docketing and subsequent application. Issuance of a single report
be submitted, the NRC docketing technical review of other applications on the common design will also
review, notice, and the content of the filed in accordance with appendix N to facilitate the issuance of the presiding
EIS under appendix N of part 52. part 52. However, if circumstances officer’s partial initial decision on the
However, the NRC decided against a allow (e.g., sufficiency review for common design, as required by
wholesale revision of appendix N to multiple applications are completed paragraph 8 of appendix N to part 52,
part 52, together with conforming simultaneously), the NRC may publish a and 10 CFR 2.405 of subpart D of part
changes in part 51, inasmuch as these single notice of docketing for multiple 2. The NRC notes that there may be
changes were not the subject of public applications. The notice of docketing circumstances where the common
comment, and because such a course of must state that the application will be design extends beyond the design
action would have delayed the overall processed under the provisions of 10 matters covered in a referenced design
certification or manufactured reactor. a production or utilization facility is not limited to nuclear power plants; it
For example, a common design could required, and describes activities which also allows the NRC to combine, under
reference the use of a specific design do not constitute ‘‘construction’’ for Section 161.h of the AEA, a
certification and a common ultimate purposes of obtaining a license for a construction permit and operating
heat sink. In such circumstances, the nuclear power plant. Section 50.10(b) license for production facilities or
ACRS would issue a common report formerly prohibited a person from utilization facilities other than nuclear
limited to the safety matters for the beginning construction of a production power plants.
ultimate heat sink.6 or utilization facility unless a
Paragraph 8 of appendix N to part 52 4. Applications for Licenses,
construction permit has been issued.
provides that the NRC will designate a Certifications, and Regulatory
Inasmuch as activities constituting
presiding officer to conduct the portion Approvals; Form; Contents; Ineligibility
construction (as defined in § 50.10(b))
of the hearing on matters related to the of Certain Applicants
are authorized under a combined
common design, and that the presiding license, § 50.10(b) is revised to refer to a. Section 50.30, Filing of Application;
officer must issue a partial initial combined licenses. Oath or Affirmation
decision on the common design. As Formerly § 52.17(c) authorized an Section 50.30 establishes the NRC’s
discussed previously, hearing early site permit applicant to request general procedural requirements on
procedures for appendix N to part 52 authority to perform the activities filing of applications for licenses
proceedings are set forth in subpart D to allowed under § 50.10(e)(1). The NRC (including construction permits) for
part 2. To avoid duplication and notes that the regulation did not provide
possible (future) conflicts with subpart production and utilization facilities.
for the holder of an early site permit to The NRC is making conforming changes
D to part 2, the NRC did not include in request authority to conduct
appendix N to part 52 further provisions throughout § 50.30 to include necessary
§ 50.10(e)(1) activities after the early site references to part 52 processes other
addressing the conduct of hearings. permit has been issued, and the NRC than design certification (subpart H of
D. Changes to 10 CFR Part 50 does not plan to change the current part 2 governs the filing of standard
restriction. It will conserve the NRC’s design certification applications), viz.,
1. General Provisions, § 50.2, Definitions resources to consider the safety and early site permits, combined licenses,
New definitions are added as environmental issues associated with standard design approvals, and
conforming changes to § 50.2. A § 50.10(e)(1) activities during the manufacturing licenses. In addition,
definition of an applicant is added to agency’s consideration of the early site § 50.30(a) is revised to ensure that the
clarify that a person or entity applying permit application. Late consideration submission requirements governing
for Commission ‘‘permission or of these requests after completion of the applications (and amendments to these
approval’’ is an applicant. This will NRC’s consideration of the application applications) in § 52.3 apply to part 52
ensure that part 50 requirements for could entail substantial diversion of processes other than design
applicants apply to a person or entity resources from other application certification.
seeking an NRC approval not reviews. For these reasons, the NRC
constituting a license, such as a does not allow an early site permit b. Section 50.33, Contents of
standard design approval under part 52. holder to request authority to perform Applications; General Information
Definitions for license and licensee activities allowed under § 50.10(e)(1) Section 50.33 identifies the general
are added to clarify that early site after issuance of the early site permit information that must be included in
permits and combined licenses under (the Commission notes that under applications for licenses (including
part 52 are licenses, and that holders of former part 52, early site permit holders construction permits) for production
these types of licenses are licensees for may not seek authority to perform and utilization facilities. Section
purposes of part 50. activities allowed under § 50.10(e)(3) 50.33(f) requires certain applicants for
A definition for prototype plant is after issuance of the early site permit). nuclear power plant licenses to submit
added to describe the type of nuclear
3. Classification and Description of information sufficient to determine
reactor that is the subject of § 50.43(e).
Licenses whether the applicant has the financial
A prototype plant is a licensed nuclear
qualifications to carry out, in
reactor test facility that is similar to and a. Section 50.23, Construction Permits accordance with the NRC’s regulations,
representative of the first-of-a-kind
Section 50.23 formerly provided that the activities for which a license or
nuclear plant in all features and size,
a construction permit for the permit is sought. Section 50.33 is
but may have additional safety features.
construction of a production or revised to require applicants for
The purpose of the prototype plant is to
utilization facility must be issued before combined licenses to submit financial
perform testing of new or innovative
issuance of a license for the facility, and qualifications information. Financial
design features for the first-of-a-kind
then only upon ‘‘due completion’’ of the qualifications information need not be
nuclear plant design, as well as being
facility. Section 50.23 is revised to submitted by applicants for early site
used as a commercial nuclear power
clarify that if the NRC issues a permits, standard design certifications,
facility.
combined license for a nuclear power standard design approvals, and
2. Requirement of License, Exceptions, plant under part 52, the construction manufacturing licenses. An NRC review
§ 50.10, License Required permit and operating license are issued to determine whether an applicant has
Section 50.10 addresses the simultaneously (i.e., are merged into a adequate financial qualifications to
circumstances under which a license for ‘‘combined license’’ under subpart C of conduct the activities authorized by an
part 52). This is consistent with Section early site permit would contribute little,
6 The site-specific environmental impacts of the 185.b of the AEA, which provides the if anything, to providing reasonable
heat sink would ordinarily be addressed in each of NRC with explicit statutory authority to assurance of adequate protection with
the separate EISs prepared for each application, combine a construction permit and an respect to early site permit activities.
inasmuch as the environmental impacts would
differ depending upon factors and characteristics at
operating license for a nuclear power Ordinarily, an early site permit
each site. Section 7 does not govern the scope of plant into a single combined license. authorizes no activities, unless the early
EISs prepared for common design elements. The Commission notes that § 50.23 is site permit application requested
authority to conduct the activities Section 50.33(g) addresses The final rule makes a conforming
permitted under § 50.10(e)(1). The NRC radiological emergency response plans change to add a reference to combined
has determined that no safety finding for State and local government entities licenses. The content of this report,
per se is necessary to authorize the that must be submitted in applications reflecting the unique considerations of a
licensee to conduct these activities. The for operating licenses. The final rule combined license, is addressed
NRC’s review of a § 50.10(e)(1) makes a conforming change to ensure separately in the revision to § 50.75.
application is focused on siting and that applicants for combined licenses
c. Section 50.34, Contents of
environmental matters. must also submit this information, as
Construction Permit and Operating
With respect to a standard design well as applicants for early site permits
License Applications; Technical
approval, the argument applies with who decide under § 52.17(b)(2)(ii) to
Information
even more force, inasmuch as a design seek NRC review and approval of
complete emergency plans. In addition, The NRC is changing the heading of
approval authorizes no activities of any
§ 50.33(g) provides requirements for the § 50.34 from Contents of applications;
kind, and the finality associated with a
plume exposure pathway emergency technical information to read, Contents
design approval is significantly less
planning zone (EPZ) and the ingestion of construction permit and operating
than for an early site permit. The NRC
pathway EPZ. The NRC has made a license applications; technical
concludes that no regulatory purpose
conforming change to § 50.33(g) in the information. Section 50.34(a) currently
appears to be served by a financial
final rule to address early site permit provides the requirements for the
qualifications review for early site technical contents of an application for
permits and standard design approvals. applications that propose major features
of emergency plans describing the EPZs a stationary power reactor construction
The NRC believes that there is little permit, design certification or combined
additional regulatory value in requiring under 10 CFR 52.17(b)(2)(i). Such
provisions were inadvertently left out of license, and § 50.34(b) provides the
a financial qualifications review for a requirements for the technical contents
manufacturing license. While it is true the proposed rule. For an application for
an early site permit that proposes major of an application for a stationary power
that a lack of sufficient financial reactor operating license application.
resources could result in inadequate features of the emergency plans
describing the EPZs, the change requires However, the former version of 10 CFR
manufacture of a reactor, under the part 52 provides requirements for design
the descriptions of the EPZs, to meet the
NRC’s proposed concept of a certification and combined license
requirements of § 50.33(g). This is
manufacturing license under subpart F applications that are not consistent with
necessary for the NRC to be able to find
of part 52, each manufactured reactor the current version of § 50.34. For
that major features describing the EPZs
cannot be operated until ITAAC example, former § 52.47 stated that an
are acceptable under § 52.18.
specified in the manufacturing license Section 50.33(h) formerly required application for design certification must
are successfully completed by the applicants that propose to construct or contain the technical information which
licensee authorized to construct the alter a production or utilization facility is required of applicants for
nuclear power facility using the to state in their application the earliest construction permits and operating
manufactured reactor. Successful and latest dates for completion of the licenses by part 50 which is technically
completion of the manufactured construction or alteration. This section relevant to the design and not site-
reactor’s ITAAC should ensure that any is being revised in the final rule, based specific. This would encompass
problems with manufacture attributable on public comments, to exclude requirements in both §§ 50.34(a) and (b).
to lack of financial resources of the combined license applicants. The NRC Also, former § 52.79 stated that
manufacturing license holder can be believes that combined license applications for combined licenses must
identified before operation. Moreover, applications need not specify the contain the technically relevant
the licensee authorized to construct the earliest and latest date for completion of information required of applicants for
facility (either under a construction construction, in light of the amendment an operating license by 10 CFR 50.34,
permit or a combined license) using a to Section 185 of the AEA that was which are found in § 50.34(b). In
manufactured reactor would have been made by the Energy Policy Act of 1992. addition to the requirements for
subject to a financial qualifications By adding a new Section 185.b. of the technical information in §§ 50.34(a) and
review. This review should be sufficient AEA, the Commission believes that (b), §§ 50.34(c) through (h) provide
to determine if the applicant has Congress intended that Section 185.b requirements for the contents of
sufficient financial resources to carry supersede Section 185.a of the AEA, so licensing applications related to security
out facility construction and the that the Section 185.a requirements for plans, compliance with Three Mile
completion of the manufactured ‘‘stand-alone’’ construction permits, Island (TMI) related requirements,
reactor’s inspections, tests, and such as the need to specify the earliest combustible gas control, and
acceptance criteria. Finally, the NRC and latest date for completion of conformance with the standard review
notes that it does not require the construction, do not apply to the plan. Finally, the NRC notes that the
fabricators of safety-related and construction permit portion of a subject of contents of an application is
important to safety structures, systems, combined license under Section 185.b an administrative matter, rather than a
and components (SSCs) to be licensed of the AEA. Accordingly, the final rule strictly technical matter. Therefore,
and subject to a financial qualifications removes the requirements from these administrative requirements for
review. The NRC believes that a holder §§ 50.33(h), 52.77, and 52.79(a)(39) that part 52 processes are more properly
of a manufacturing license conducts the combined license application located in part 52, rather than in § 50.34.
activities which appear to be, in large specify the earliest and latest date for To provide maximum clarity in the
part, analogous to these current non- completion of construction. requirements for the content of each of
licensed fabricators. Accordingly, the Section 50.33(k) currently requires the different types of licensing
NRC concludes that a financial applicants for operating licenses to applications, the NRC is revising § 50.34
qualifications review of the applicant provide a report, as described in § 50.75, to make it applicable to construction
for a manufacturing license will not add indicating how reasonable assurance permit and operating license
significant regulatory value to justify the that funds will be available for the applications only and to provide
cost of such a review. decommissioning process is provided. separate sections for the technical
contents of applications for the other shipment offsite of solid waste e. Section 50.36, Technical
types of licenses or regulatory approvals containing radioactive materials Specifications
in 10 CFR part 52 (early site permits in resulting from treatment of gaseous and Section 50.36(a) currently requires
§ 52.17, design certifications in § 52.47, liquid effluents and from other sources. that each applicant for a license
combined licenses in § 52.79, design Section 50.34a is revised to clarify its authorizing operation of a production or
approvals in § 52.137, and applicability to the 10 CFR part 52 utilization facility include in its
manufacturing licenses in § 52.157). In licensing and approval processes. application proposed technical
its revisions to 10 CFR part 52, the NRC Section 50.34a applies to combined specifications in accordance with the
has brought forward the requirements licenses by virtue of the provision in requirements of § 50.36. The existing
from § 50.34 that are applicable to each
former § 52.83, Applicability of Part 50 language in § 50.36(a) encompasses
of the licensing and approval processes
Provisions, which states that all combined license applicants. However,
in 10 CFR part 52. One exception to this
provisions of 10 CFR part 50 and its applicants for design certification are
structure is the provisions in § 50.34(f)
appendices applicable to holders of also required to include proposed
related to compliance with TMI related
construction permits and operating technical specifications in their
requirements. Due to the length and
licenses also apply to holders of applications by virtue of the provision
complexity of the requirements in this
combined licenses. Applicants for in former § 52.47(a)(1)(i) stating that an
paragraph, § 50.34(f) is being amended
design certification are also required to application for design certification must
to indicate that each applicant for a
include the information required by contain the technical information
design certification, design approval,
§ 50.34a in their applications by virtue required of applicants for construction
combined license, or manufacturing
license under part 52 of this chapter of the provision in former permits and operating licenses by 10
must demonstrate compliance with any § 52.47(a)(1)(i), which states that an CFR part 50 that is technically relevant
technically relevant portions of the to the design and not site-specific.
application for design certification must
requirements in § 50.34(f)(1) through (3), Similarly, applicants for design
contain the technical information which
except for paragraphs (f)(1)(xii), approvals are also required to include
is required of applicants for proposed technical specifications in
(f)(2)(ix), and (f)(3)(v). The NRC chose construction permits and operating
this approach rather than repeat the their applications by virtue of the
licenses by 10 CFR part 50 which is provision in former appendix O to part
requirements in each of the relevant technically relevant to the design and
sections in part 52. The NRC is adding 52, Section O.3, which states that the
not site-specific. Former appendix O to submittal for review of a standard
the phrase ‘‘except for paragraphs 10 CFR part 52, Section O.3, explicitly
(f)(1)(xii), (f)(2)(ix), and (f)(3)(v)’’ in the design shall include the applicable
required applicants for design approvals technical information under § 50.34 (a)
last sentence of § 50.34(f) based on
to include the applicable technical and (b), as appropriate.
public comments. The commenters
information required by § 50.34a. Section 50.36 is revised to clarify that
pointed out that proposed § 50.34(f) was
inconsistent with proposed Finally, former appendix M to 10 CFR design certification and manufacturing
§§ 52.47(a)(17), 52.79(a)(17), part 52, Section M.1, states that the license applications must also include
52.137(a)(17), and 52.157(e)(12), which provisions in part 50 applicable to proposed technical specifications. The
included the exceptions that are being construction permits apply in context, new provisions in § 50.36(c) require
added to § 50.34(f) in the final rule. with respect to matters of radiological each applicant for a design certification
health and safety, environmental or a manufacturing license to include
d. Section 50.34a, Design Objectives for protection, and the common defense proposed generic technical
Equipment To Control Releases of and security, to manufacturing licenses. specifications in its application for the
Radioactive Material in Effluents— Therefore, new provisions in § 50.34a(d) portion of the plant that is within the
Nuclear Power Reactors; and § 50.36a, are adopted to address the applicable scope of the design certification or
Technical Specifications on Effluents manufacturing license application.
requirements for combined license
From Nuclear Power Reactors
applications that parallel the f. Section 50.36a, Technical
Section 50.34a requires that requirements for an operating license Specifications on Effluents From
construction permit and operating application. New provisions in Nuclear Power Reactors
license applications include a § 50.34a(e) are adopted to address the
description of the equipment and Section 50.36a(a) requires each
applicable requirements for applications
procedures for the control of gaseous licensee of a nuclear power reactor to
for design approvals, design
and liquid effluents and for the include technical specifications to keep
certifications, and manufacturing
maintenance and use of equipment releases of radioactive materials to
licenses to include: (1) A description of unrestricted areas during normal
installed in radioactive waste systems.
the equipment for the control of gaseous conditions, including expected
Section 50.34a also requires these
and liquid effluents and for the occurrences, as low as is reasonably
applications to include an estimate of
(1) the quantity of each of the principal maintenance and use of equipment achievable. The former language in
radionuclides expected to be released installed in radioactive waste systems; § 50.36a(a) encompassed combined
annually to unrestricted areas in liquid and (2) an estimate of the quantity of license holders. However, applicants for
effluents produced during normal each of the principal radionuclides design certification are also required to
reactor operations; and (2) the quantity expected to be released annually to include proposed technical
of each of the principal radionuclides of unrestricted areas in liquid effluents specifications on effluents in their
the gases, halides, and particulates produced during normal reactor applications by virtue of the provision
expected to be released annually to operations, and the quantity of each of in current § 52.47(a)(1)(i) which states
unrestricted areas in gaseous effluents the principal radionuclides of the gases, that an application for design
produced during normal reactor halides, and particulates expected to be certification must contain the technical
operations. In addition, § 50.34a released annually to unrestricted areas information which is required of
requires a general description of the in gaseous effluents produced during applicants for construction permits and
provisions for packaging, storage, and normal reactor operations. operating licenses by 10 CFR part 50
which is technically relevant to the a nuclear power reactor facility for h. Section 50.37, Agreement Limiting
design and not site-specific. In addition, which the certification of permanent Access to Classified Information
former appendix M to 10 CFR part 50, cessation of operations required under Section 50.37 requires that a license
Section M.1, states that the provisions § 50.82(a)(1) has been submitted. These or construction permit applicant agree
in part 50 applicable to construction conditions are to be derived from in writing that it will not permit any
permits apply in context, with respect to information contained in the individual to have access to or any
matters of radiological health and safety environmental report and the facility to possess Restricted Data or
to manufacturing licenses. Therefore, supplement to the environmental report classified National Security Information
Section 50.36a(a) is revised to state that as analyzed and evaluated in the NRC until the individual and/or facility has
each licensee of a nuclear power reactor record of decision. The conditions must been approved for access under the
and each applicant for a design identify the obligations of the licensee provisions of 10 CFR parts 25 and/or 95.
certification or a manufacturing license in the environmental area, including, as Section 50.37 also requires that this
will include technical specifications to appropriate, requirements for reporting agreement be part of the application for
keep releases of radioactive materials to and keeping records of environmental a license or construction permit and that
unrestricted areas during normal data, and any conditions and the agreement of the applicant shall be
conditions, including expected monitoring requirement for the deemed part of the license or
occurrences, as low as is reasonably protection of the nonaquatic construction permit, whether stated or
achievable. The proposed rule did not environment. not. The former language of § 50.37
include the provisions for The NRC has made conforming encompassed early site permit,
manufacturing licenses. However, changes to § 50.36b in the final rule to combined license, and manufacturing
proposed § 52.157(e)(18) did require address all applicable part 52 licenses. license applicants under 10 CFR part 52
manufacturing license applicants to The changes were made in response to because these products are all licenses.
include proposed technical public comments that highlighted the However, the NRC is revising § 50.37 to
specifications in accordance with need for clarification in § 50.36b. The encompass applicants for design
§ 50.36a. Therefore, it was clearly the NRC provided proposed requirements certification and for standard design
NRC’s intent that the provisions of for identifying environmental approvals under 10 CFR part 52 for
§ 50.36a be applicable to manufacturing
conditions on early site permits and consistency with the changes to 10 CFR
license applications and the NRC has
combined licenses in the proposed rule part 25. Part 25 sets forth the NRC’s
corrected this omission in the final rule.
Some commenters on the 2006 in §§ 51.50(b) and (c). Requirements for requirements governing the granting of
proposed rule identified an additional identifying environmental conditions access authorization to classified
conforming change needed in § 50.36a for construction permits were contained information to certain individuals, and
that the NRC did not make in the in former § 51.50 and proposed the Commission is making
proposed rule. Section 50.36(a)(2) § 51.50(a). The proposed rule stated modifications to part 25 to reflect the
currently requires that each licensee that, in an application for a construction licensing and regulatory approval
submit a report to the Commission permit, an early site permit, or a processes in part 52. Accordingly, the
annually that specifies the quantity of combined license, the applicant shall Commission is revising § 50.37. Section
each of the principal radionuclides identify ‘‘any conditions and monitoring 50.37 is revised to require that an
released to unrestricted areas in liquid requirements for protecting the non- applicant for a license, construction
and in gaseous effluents during the aquatic environment, proposed for permit, design certification, or design
previous 12 months, including any possible inclusion in the license as approval under part 52 agree in writing
other information as may be required by environmental conditions in accordance that it will not permit any individual to
the Commission to estimate maximum with § 50.36b of this chapter.’’ However, have access to or any facility to possess
potential annual radiation doses to the the NRC neglected to make the Restricted Data or classified National
public resulting from effluent releases. additional conforming changes to Security Information until the
The NRC has modified this provision to § 50.36b in the proposed rule. To correct individual and/or facility has been
state that each holder of a combined this oversight, the NRC has modified approved for access under the
license is only required to begin § 50.36b in the final rule to make the provisions of 10 CFR parts 25 and/or 95.
submitting reports after the Commission requirements in this section consistent Section 50.37 also requires that this
has made the finding under § 52.103(g) with the requirements in § 51.50. In agreement be part of the application and
that allows fuel load and operation. This doing so, the NRC has provided separate be deemed part of the license, or
would apply the requirements in paragraphs for imposing conditions construction permit, or NRC standard
§ 50.36a consistently for part 50 and during construction and for imposing design approval whether stated or not.
part 52 licensees, because for a part 50 conditions during operation and Section 52.54 is revised to include a
licensee, the annual reporting decommissioning. Paragraph 50.36b(a) new provision which requires that every
requirement is effective only after an addresses requirements for imposing standard design certification rule issued
operating license is issued. conditions on construction permits, contain a provision that states that, after
The NRC is also making conforming early site permits, and combined the Commission has adopted the final
changes to appendix I to 10 CFR part 50. licenses to protect the environment standard design certification rule, the
These changes parallel the changes to during construction. Paragraph applicant will not permit any individual
§§ 50.34a and 50.36a. 50.36b(b) addresses requirements for to have access to or any facility to
imposing conditions on licenses possess Restricted Data or classified
g. Section 50.36b, Environmental authorizing operation and licenses for a National Security Information until the
Conditions facility in decommissioning to protect individual and/or facility has been
Section 50.36b authorizes the the environment during operation and approved for access under the
Commission to include conditions to decommissioning. These changes provisions of 10 CFR parts 25 and/or 95.
protect the environment in each license provide consistency in requirements for The NRC believes that these revisions,
authorizing operation of a production or environmental conditions across parts along with the complementary changes
utilization facility and each license for 50 and 51. to parts 25 and 95, are necessary to
ensure that access to classified of the licensing processes in part 52. radiological emergency.’’ In the final
information is adequately controlled by Therefore, § 50.45 was revised to set rule, the NRC is removing the phrase
all entities applying for NRC licenses, forth the standards for review of an ‘‘except as provided in paragraph (e)’’
design certifications, or design application to alter a facility after the because paragraph (e) does not address
approvals. Commission makes the finding under issuance of the combined license, but,
§ 52.103(g) of this chapter. The rather, addresses the Commission
5. Standards for Licenses, Certifications,
standards for issuance of a combined finding under § 52.103(g). Likewise, the
and Approvals
license are set forth in § 52.97. NRC is making a change to paragraph (e)
a. Section 50.40, Common Standards of this section in the final rule to
d. Section 50.46, Acceptance Criteria for
This section sets forth standards for remove the reference to paragraph (a) of
Emergency Core Cooling Systems for
issuance of a license. Sections 50.40(a), this section.
Light-Water Nuclear Power Reactors Finally, the NRC is removing the
(b), and (c) are revised to add
conforming references to the additional Section 50.46(a)(3) contains reporting statement in proposed § 50.47(a)(1)(iii)
licensing processes issued under 10 CFR requirements for changes to or errors in that ‘‘No finding under this section is
part 52 that are applicable to these emergency core cooling system (ECCS) necessary for issuance of a renewed
standards. evaluation models. Conforming early site permit.’’ The NRC included
references to design approvals, design this provision in the proposed rule to be
b. Section 50.43, Additional Standards certifications, and licenses issued under consistent with the existing requirement
and Provisions Affecting Class 103 part 52 were made to § 50.46, so that the for operating licenses. However, upon
Licenses and Certifications for NRC will be notified of changes to or further consideration, the NRC
Commercial Power errors in acceptable evaluation models, concludes that the basis for this
The text and heading of this section or the application of such models, that exclusion for an operating license and
are revised to clarify that certain were used in licenses, certifications, and for a combined license does not apply
additional standards and provisions for approvals issued under part 52. to an early site permit. The original
class 103 licenses apply to applications e. Section 50.47, Emergency Plans, license renewal rule, which limited the
for combined licenses, design § 50.54(gg), and Appendix E to Part 50, scope of matters to be addressed in the
certifications, and manufacturing Emergency Planning and Preparedness renewal proceeding, was based upon a
licenses issued under part 52, in for Production and Utilization Facilities determination that the regulatory
addition to applications for construction process maintains and updates the
permits and operating licenses issued Section 50.47 and appendix E to 10 licensing basis for operating licenses,
under part 50. Section 50.43(e) is added CFR part 50 contain emergency that matters like the state of the
to clarify that the requirements to planning requirements for nuclear emergency preparedness plans need not
demonstrate new safety features by power plants. Prior to this rulemaking, be addressed in license renewal. The
testing, which were previously set forth these regulations did not clearly address bases for the license renewal rule
in part 52, apply to applicants for early site permit or combined license described the process, in each
operating licenses issued under part 50 applicants or holders. Accordingly, the substantive regulatory area, for
and applicants for combined licenses, NRC is making a number of changes in maintaining and updating the current
design certifications, and manufacturing these regulations. Section 50.47(a)(1) licensing basis. This logic does not
licenses issued under part 52. This states that no initial operating license directly apply to emergency
amendment conforms to the goal of for a nuclear power reactor will be preparedness information submitted in
having reactor safety requirements in issued unless a finding is made by the an early site permit application, because
part 50 and procedural requirements in NRC that there is reasonable assurance there is no maintenance or update
part 52. Only the requirements in that adequate protective measures can requirement for the early site permit.
§ 50.43(e) apply to applications for and will be taken in the event of a Therefore, the NRC cannot exclude the
design certification. Refer to the generic radiological emergency, and that no need to address emergency
discussion on testing requirements for finding under § 50.47 is necessary for preparedness in an early site permit
advanced reactors in Section V.B of this issuance of a renewed nuclear power renewal proceeding.
document. reactor operating license. The NRC is Section 50.47(c)(1) provides a process
revising § 50.47(a)(1) to include for operating license applicants that fail
c. Section 50.45, Standards for provisions to address combined licenses to meet the applicable standards of
Construction Permits, Operating and early site permits which include § 50.47(b). The NRC is revising
Licenses, and Combined Licenses either complete and integrated plans or § 50.47(c)(1) to clarify that this process
This section is revised to include the major features of the emergency plans. is applicable to combined license
standards for review of an application to The NRC inadvertently left out applicants as well.
alter a facility that was constructed provisions to address early site permits Section 50.47(d) formerly provided
under a combined license, after the that include major features of the that no NRC or Department of
findings under § 52.103(g) of this emergency plans in the proposed rule Homeland Security (DHS) review,
chapter are made by the Commission. and a new provision has been added to findings, or determinations concerning
Some commenters recommended that address applicants in the final rule. the state of offsite emergency
the proposed rule be revised to The NRC is making some additional preparedness or the adequacy of and
reference the applicable requirements in changes to § 50.47(a)(1) in the final rule. capability to implement State and local
part 52 rather than the requirements in Proposed § 50.47(a)(1)(ii) stated that or utility offsite emergency plans are
10 CFR 50.31 through 50.43 and ‘‘Except as provided in paragraph (e) of required before issuance of an operating
claimed that most of those requirements this section, no initial combined license license authorizing only fuel loading or
were moved to part 52 in the proposed under part 52 of this chapter will be low-power testing and training (up to 5
rule. The Commission does not agree issued unless a finding is made by the percent of the rated power). Section
with that claim but does acknowledge NRC that there is reasonable assurance 50.47(d) further stated that a license
that most of § 50.34 was moved to the that adequate protective measures can authorizing fuel loading and/or low-
contents of application section for each and will be taken in the event of a power testing and training may be
issued after a finding is made by the III of appendix E to part 50 regarding the of § 50.54(gg) will apply, as previously
NRC that the state of onsite emergency content of final safety analysis reports discussed.
preparedness provides reasonable and site safety analysis reports for an The NRC is adding a new paragraph
assurance that adequate protective early site permit. The NRC is making a IV.F.2.a.iii to appendix E to part 50 to
measures can and will be taken in the correction to Section III in the final rule require that, if the applicant has an
event of a radiological emergency and to replace references to the early site operating reactor at the site, an exercise,
provides the standards by which the permit application with references to either full or partial participation, be
NRC will base such a finding. The NRC the site safety analysis report. The NRC conducted for each subsequent reactor
is adding a new § 50.47(e) to provide is also adding a statement that the site constructed on the site. This exercise
essentially parallel provisions for a safety analysis report for an early site may be incorporated in the exercise
combined license holder by stating that permit which proposes major features requirements of paragraphs (2)(b) and
a combined license holder may not load must address the relevant provisions of (2)(c) of Section IV.F. If DHS identifies
fuel or operate except as provided in 10 CFR 50.47 and 10 CFR part 50, one or more deficiencies in the state of
accordance with appendix E to part 50 appendix E, within the scope of offsite emergency preparedness as the
and, because of the nature of the emergency preparedness matters result of this exercise for the new
combined license process, the NRC is addressed in the major features. This is reactor, or if the NRC finds that the state
adding new § 50.54(gg) that would add consistent with the requirements in of emergency preparedness does not
a condition to all combined licenses. § 52.17(b). provide reasonable assurance that
This is necessary to account for the fact adequate protective measures can and
In Section IV of appendix E to part 50,
that the combined license will already will be taken in the event of a
the NRC is modifying paragraph F.2.a,
be issued at the time of the first full or radiological emergency, the provisions
to address combined licenses in
partial participation exercise. of § 50.54(gg) apply just as they do for
addition to operating licenses.
The NRC’s findings regarding the state the first reactor at a site. This new
Paragraph F.2.a currently provides
of emergency preparedness for a provision is desirable because of the
requirements regarding the conduct of
combined license holder will be taken nature of ITAAC for emergency
full participation exercises and states
into account in the NRC’s review under preparedness requirements. The
that a full participation exercise shall be
§ 52.103(g). The NRC will make its emergency preparedness ITAAC,
conducted within 2 years before the
determination by judging whether the specifically ITAAC that will be
issuance of the first operating license for
licensee has met the acceptance criteria demonstrated through an exercise,
in the combined license for the full power of the first reactor. Paragraph provide the necessary reasonable
inspections, tests, and analyses related F.2.a also requires that, if the full assurance for programs and facilities
to the conduct of the first full or partial participation exercise is conducted associated with the yet-unbuilt reactor.
participation exercise under paragraph more than 1 year before issuance of an Recent agreements between the NRC
IV.F.2.a of appendix E to part 50. operating licensee for full power, an and external stakeholders on emergency
Paragraph 50.54(gg) states that if, exercise which tests the licensee’s preparedness ITAAC are based on the
following the conduct of the exercise onsite emergency plans shall be understanding that ITAAC on the
required by paragraph IV.F.2.a of conducted within 1 year before issuance emergency preparedness exercise would
appendix E to part 50, DHS identifies of an operating license for full power. serve to demonstrate various aspects of
one or more deficiencies in the state of The NRC is designating the emergency preparedness (e.g., programs
offsite emergency preparedness, the requirements for operating licenses as and facilities) that did not warrant their
holder of a combined license may paragraph F.2.a.i, and adding a new own specific/detailed ITAAC. For
operate at up to 5 percent of rated paragraph F.2.a.ii that contains the example, there is no ITAAC for
thermal power only if the Commission requirements for combined licenses. determining whether an adequate
finds that the state of onsite emergency Paragraph F.2.a.ii states that, for a staffing roster exists for the technical
preparedness provides reasonable combined license, the first full support center or emergency offsite
assurance that adequate protective participation exercise must be facility, but its existence and adequacy
measures can and will be taken in the conducted within 2 years of the could be demonstrated during an
event of a radiological emergency. scheduled date for initial loading of fuel exercise. Therefore, appendix E to part
Paragraph 50.54(gg) also provides the and operation under § 52.103. Paragraph 50 requirements for emergency
standards by which the NRC will base F.2.a.ii also requires that, if the first full preparedness exercises must be
such a finding. participation exercise is conducted included for the current concepts
The NRC is revising appendix E to more than 1 year before the scheduled regarding emergency preparedness
part 50 to conform to the changes date for initial loading of fuel and ITAAC to be viable. With regard to
proposed for §§ 50.47 and 50.54. The operation under § 52.103, an exercise subsequent reactors, those aspects of an
introduction to appendix E to part 50 which tests the licensee’s onsite exercise which address currently
states that each applicant for an emergency plans must be conducted untested (i.e., unexercised) aspects of
operating license is required by within 1 year before the scheduled date emergency preparedness for the
§ 50.34(b) to include in the final safety for initial loading of fuel and operation proposed new reactor must be
analysis report plans for coping with under § 52.103. The modifications addressed in new emergency
emergencies. The NRC is adding a further state that, if DHS identifies one preparedness ITAAC for the subsequent
parallel statement for combined license or more deficiencies in the state of reactor. If various generic exercise-
applicants, and a statement that an early offsite emergency preparedness as the related aspects of emergency
site permit applicant may submit result of the first full participation preparedness for the site have been
emergency plans. The final rule also exercise, or if the NRC finds that the previously addressed and satisfied, then
makes additional conforming changes to state of emergency preparedness does there would be no ITAAC for those
the second paragraph of the not provide reasonable assurance that emergency preparedness aspects for
introduction that were inadvertently adequate protective measures can and subsequent reactors.
overlooked in the proposed rule. Similar will be taken in the event of a The NRC is also modifying Section V
modifications are proposed in Section radiological emergency, the provisions of appendix E to part 50, which states
that no less than 180 days before the conditions ‘‘in every license issued,’’ introduction to indicate that paragraphs
scheduled issuance of an operating while § 50.55 sets forth the provisions (r) and (gg) do not apply to nuclear
license for a nuclear power reactor or a deemed to be conditions of every power reactor operating licenses. In the
license to possess nuclear material, the construction permit. In making the proposed rule, the introduction stated
applicant’s detailed implementing conforming changes to these regulations that they did not apply to operating
procedures for its emergency plan shall to reflect part 52, the NRC has decided licenses, which would have included
be submitted to the Commission. to maintain this dichotomy. Conditions research and test reactor operating
Paragraph V also requires that licensees applicable to part 52 processes which licenses.
submit any changes to the emergency are either licenses or prerequisites to The NRC is revising § 50.54(a)(1) to
plan or procedures to the NRC within 30 licenses, and do not address activities indicate that the quality assurance (QA)
days of these changes. The NRC is analogous to construction for which a requirements applicable to operation, as
clarifying that paragraph V is also construction permit license is required described in a combined license
applicable to COL holders by stating under the AEA, are addressed in holder’s SAR, become effective 30 days
that they must submit their detailed § 50.54. By contrast, conditions before the scheduled date for the initial
implementing procedures for their applicable to part 52 processes which loading of fuel.
emergency plans to the NRC no less address construction activities, or The NRC is revising § 50.54(i-1) to
than 180 days before the scheduled date activities analogous to construction for indicate its applicability to combined
for initial loading of fuel. The wording which a construction permit license is licenses. Specifically, § 50.54(i-1)
of this requirement has been changed required under the AEA, are covered in requires that within 3 months after the
slightly in the final rule. In the proposed § 50.55. Combined licenses represent a date that the Commission makes the
rule, this provision required that COL special case, inasmuch as they address finding under § 52.103(g) for a
holders submit their detailed both construction and operation. The combined license, the licensee shall
implementing procedures for their NRC addresses combined licenses by have in effect an operator requalification
emergency plans to the NRC no less placing the conditions applicable only program that must, as a minimum, meet
than 180 days before the date that the to construction in § 50.55, which the requirements of § 55.59(c) of this
Commission authorizes fuel load and indicates that these conditions are chapter.
operation under § 52.103. The NRC has The NRC has added changes to
applicable until the date that the
modified the provision to make the § 50.54(p) and (q) in the final rule. The
Commission makes the finding under
target date 180 days before scheduled changes to paragraph (p) are being made
§ 52.103(g). Conditions which are
date for initial loading of fuel because to include references to appropriate part
applicable during construction and
this will be a known date whereas the 52 sections in addition to the existing
operation or only during operation are
licensee would not know the date that references to part 50 sections. The
set forth in § 50.54. The NRC is revising
the Commission will make the change to paragraph (q) is being added
the introductory paragraph of § 50.54 to
§ 52.103(g) finding. This change is also to include a statement that, for
refer to combined licenses, and to combined licenses, the requirement to
consistent with other requirements in exclude manufacturing licenses from its
appendix E that are tied to the follow and maintain in effect emergency
provisions. The NRC is making plans which meet the standards in
scheduled date for initial fuel load. revisions to § 50.54 in the final rule § 50.47(b) and the requirements in
f. Section 50.48, Fire Protection based on public comments. In the appendix E of part 50 is only applicable
proposed rule, the NRC did not after the Commission makes the finding
Section 50.48(a)(1) is revised to clarify distinguish which provisions in § 50.54
that holders of an operating license under § 52.103(g). However, the
are applicable only during operation remainder of the requirements in
issued under part 50 and a combined from those that are applicable during
license issued under part 52 must have paragraph (p) apply from the time the
both construction and operation. In the combined license is issued (e.g.,
a fire protection plan. Section final rule, the NRC has revised the
50.48(a)(4) is added to clarify that requirements to retain records of
introductory paragraph to indicate emergency plan changes). This is
applications for design approvals, which provisions are applicable only
design certifications, and manufacturing consistent with the change made to the
after the Commission makes the finding introductory paragraph of § 50.54
licenses issued under part 52 must meet under § 52.103(g). In making these
the fire protection design requirements discussed earlier in this section.
revisions, the NRC determined that the The NRC is adding a new § 50.54(gg).
set forth in general design criterion 3 of provisions that need to be applied
appendix A to part 50. These revisions are discussed with
during both construction and operation related requirements in Section IV.D.4.f
g. Section 50.49, Environmental are paragraphs (a) through (h), (o), (p), of this document, ‘‘Section 50.47,
Qualification of Electric Equipment (q), (t), (v), and (aa) through (ee). All of Emergency plans, § 50.54(gg), and
Important to Safety for Nuclear Power these provisions have some appendix E to part 50.’’
Plants requirements that will be implemented Although the NRC generally views
Section 50.49(a) is revised to clarify prior to the Commission finding under § 50.55 as the appropriate section in part
that these programmatic requirements § 52.103(g). 50 for specifying the conditions
apply to applicants for and holders of In addition, the NRC is adding applicable to construction permits and
operating licenses issued under part 50 paragraphs (r) and (u) to the list of part 52 processes analogous to
and combined licenses and provisions in the introduction that are construction permits, the NRC does not
manufacturing licenses under part 52. not applicable to combined licenses. believe that all of the conditions in
This is because paragraph (r) only § 50.55 should apply equally to all of
h. Section 50.54, Conditions of Licenses; applies to research and test reactor the part 52 processes. Accordingly, the
and § 50.55, Conditions of Construction facilities and paragraph (u) was only introductory text to § 50.55 is revised to
Permits, Early Site Permits, Combined applicable for 60 days after the specify which paragraphs apply to a
Licenses, and Manufacturing Licenses amendment to § 50.54 that added construction permit, early site permit,
Section 50.54 sets forth various paragraph (u). Finally, the NRC is also combined license, and manufacturing
provisions that are deemed to be revising the first sentence of the license.
Sections 50.55(a) and (b) of the March under § 52.103. Thereafter, the standards set out in 10 CFR part 50 as
2006 proposed rule would have combined license holder would be it applies to applications for
required a combined license to state the governed by the reporting requirements construction permits and operating
earliest and latest dates for completion in part 21. The manufacture of a nuclear licenses for nuclear power plants, and
of construction or modification, and to power reactor under a manufacturing as those standards are technically
provide for forfeiture of the combined license is the functional equivalent of relevant to the design proposed for the
license if the construction or construction. Accordingly, the NRC’s facility. Although former appendix O to
modification is not completed by the view is that the holder of a part 52 does not explicitly require
stated date. The Commission has manufacturing license should be subject applicants for design approvals to
reconsidered this position and has to reporting under § 50.55(e). Standard comply with the requirements of
decided to remove this requirement design approvals under subpart E to part § 50.55a, the NRC is requiring design
from the final rule. The statutory 50 (former appendix M to part 52) and
approval holders to comply with
requirement for a construction permit to design certifications under subpart B of
§ 50.55a because the NRC believes that
state the earliest and latest date for part 52 are not directly associated with
completion of construction is now construction, and the NRC believes that the requirements for a design approval
contained in Section 185.a of the AEA. their reporting should be addressed should be the same as the requirements
The combined license, by contrast, is under part 21. Accordingly, the NRC is for design certification, given that the
address in Section 185.b. The revising § 50.55(e)(1) to provide that the reviews performed by the NRC staff for
Commission believes that in the absence reporting requirements in § 50.55(e) the two products are essentially
of specific language regarding the apply to a holder for a combined license identical. Finally, appendix M to part
restriction in paragraph a. applicable to (until the NRC makes the finding under 52, Section M.1, states that the
combined licenses in paragraph b., the § 52.103(g)), and a manufacturing provisions in part 50 applicable to
combined license is not subject to any license under part 52. As discussed construction permits apply in context,
of the statutory restrictions in paragraph further in Section J on part 21 of this with respect to matters of radiological
a. The NRC believes that the provisions document, early site permits do not health and safety, environmental
of Section 185 of the AEA do not apply authorize ‘‘construction’’ or its protection, and the common defense
to a manufacturing license, inasmuch as functional equivalent. Therefore, early and security, to manufacturing licenses.
a manufacturing license is not, per se, site permits are subject to the Therefore, the NRC is modifying
a construction permit. Accordingly, no requirements of part 21 rather than § 50.55a to state that each combined
earliest and latest date for completion of § 50.55(e) under the final rule. license for a utilization facility is subject
manufacture would be required to be Section 50.55(f) sets forth the NRC’s to the conditions in § 50.55a, but is only
stated in a manufacturing license. requirements with respect to subject to the conditions in §§ 50.55a(f)
Section 50.55(c) makes the license compliance with the QA requirements and (g) after the NRC makes the finding
conditions in § 50.54 also apply to in 10 CFR part 50, appendix B, and under § 52.103. The modifications to
construction permits, unless otherwise implementation of the construction § 50.55a also state that each
modified. In the proposed rule, the NRC permit holder’s QA program as
manufacturing license, design approval,
revised this paragraph to add a reference described in its SAR. Comparable
and design certification application is
to combined licenses. However, upon provisions applicable to holders of
further consideration, the NRC has operating licenses are contained in subject to the conditions in §§ 50.55a(a),
determined that no change to § 50.55(c) § 50.54(a); requirements governing the (b)(1), (b)(4), (c), (d), (e), (f)(3), and
is necessary because the introduction to SAR’s description of the QA program (g)(3), which are the provisions related
§ 50.54 outlines which provision in that are contained in § 50.34. A detailed to nuclear power facility design.
section apply to combined licenses. discussion of all changes related to QA j. Section 50.59, Changes, Tests, and
Section 50.55(e) addresses the requirements can be found in Section Experiments
obligation of holders of construction IV.D.13.b of this document.
permits and their contractors and This section presents a change
subcontractors, to report defects i. Section 50.55a, Codes and Standards
process for information contained in the
constituting a substantial safety hazard. Section 50.55a provides requirements FSAR. Section 50.59(b) is revised to
These requirements, which implement relating to codes and standards for clarify that this change process is
Section 206 of the ERA, as amended, are construction permits and operating applicable to holders of operating
comparable to the requirements in 10 licenses for boiling or pressurized licenses issued under part 50 and
CFR part 21. As discussed with respect water-cooled nuclear power facilities.
combined licenses issued under part 52.
to the NRC’s changes to part 21, the The NRC is revising § 50.55a to clarify
If the combined license references a
NRC is retaining the current regulatory how the regulations in § 50.55a apply to
approvals, certifications, and licenses design certification rule, then the
structure, whereby persons and entities
issued under 10 CFR part 52. Section information in the design control
engaged in activities constituting
50.55a formerly applied to combined document is controlled by the change
construction (and their contractors and
subcontractors) are subject to § 50.55(e), licenses by virtue of the provision in process in the applicable design
and persons and licensees who are current § 52.83, which stated that all certification rule. Section 50.59(d)(2) is
authorized to operate a nuclear power provisions of 10 CFR part 50 and its revised to conform the frequency that
plant (and their contractors and appendices applicable to holders of summary reports are submitted for
subcontractors) are subject to part 21. construction permits and operating holders of combined licenses with the
Inasmuch as a combined license under licenses also apply to holders of frequency set forth in the design
part 52 authorizes both construction and combined licenses. Also, § 50.55a certification rules. Section 50.59(d)(3) is
operation, a combined license holder formerly applied to design certifications revised to clarify that the requirement
would be subject to the reporting by virtue of the provision in former for maintaining records applies to
requirements in § 50.55(e) from the date § 52.48, which states that design holders of operating licenses issued
of issuance of the combined license certification applications will be under part 50 and combined licenses
until the Commission makes the finding reviewed for compliance with the issued under part 52.
k. Section 50.61, Fracture Toughness recommended that NRC should not language in this provision encompasses
Requirements for Protection Against require implementation prior to fuel combined license holders and
Pressurized Thermal Shock Events load when not all systems will have manufacturing license holders. Section
This section is revised to clarify that been placed in service. The NRC agrees 50.70(b)(2) provides requirements
the fracture toughness requirements with this comment and has deleted the regarding the space to be provided for
apply to an operating license for a proposed revision to § 50.65(c). Under a site with a single power reactor facility
pressurized water reactor issued under the final rule, licensees are required to licensed under 10 CFR part 50 and for
part 50 or a combined license for a implement the requirements of this sites containing multiple power reactor
pressurized water reactor issued under section by the time that initial fuel units. The NRC is revising § 50.70(b)(2)
10 CFR part 52. loading has been authorized. to clarify that these requirements also
apply to sites for combined license
l. Section 50.62, Requirements for 6. Inspections, Records, Reports, holders under 10 CFR part 52 and to
Reduction of Risk From Anticipated Notifications facilities issued manufacturing licenses
Transients Without Scram (ATWS) a. Section 50.70, Inspections under 10 CFR part 52.
Events for Light-Water-Cooled Nuclear
Power Plants Section 50.70(a) requires that each b. Section 50.71, Maintenance of
licensee and each holder of a Records, Making of Reports
Paragraph (d) of § 50.62 provides construction permit allow inspection,
implementation requirements for the Section 50.71 establishes the NRC’s
by duly authorized representatives of requirements for maintenance and
requirements of the section. This the Commission, of its records,
paragraph is revised to indicate that retention of records and reports, and
premises, activities, and of licensed updating of FSARs. Section 50.71(a)
these implementation requirements only materials in possession or use, related to
apply to light-water-cooled nuclear requires each licensee and each holder
the license or construction permit as of a construction permit to maintain all
power plant operating licenses issued may be necessary to effectuate the
before the effective date of this final records and make all reports as may be
purposes of the AEA. The language in required by license, or by the NRC’s
rule. Section 50.62 is revised to require § 50.70(a) encompasses combined
each light-water-cooled nuclear power regulations. The former language does
license holders and manufacturing not apply to non-licensees, such as
plant operating license application license holders because they are
submitted after the effective date of this holders of standard design approvals
licensees. In addition, the provision in and applicants for standard design
final rule to submit information in its former § 52.83, states that all provisions
final safety analysis report certifications, even though it would
of 10 CFR part 50 and its appendices appear that these requirements should
demonstrating how it will comply with applicable to holders of construction
paragraphs (c)(1) through (c)(5) of Accordingly, the NRC is revising
permits and operating licenses also § 50.71(a) to make its provisions
§ 50.62. Similarly, the NRC is adding apply to holders of combined licenses.
provisions to §§ 52.47, 52.79, 52.137, applicable to holders of standard design
Also, former Section M.1 of appendix M approvals and all applicants for design
and 52.157 requiring that applicants for to part 52, states that the provisions in
standard design certifications, combined certification during the period of NRC
part 50 applicable to construction consideration of the application for
licenses, standard design approvals, and permits apply in context, with respect to
manufacturing licenses include the design certification, and those
matters of radiological health and safety, applicants for design certification whose
information required by this section in
environmental protection, and the designs are certified via rulemaking in
their final safety analysis reports.
common defense and security, to accordance with subpart B of 10 CFR
m. Section 50.63, Loss of All Alternating manufacturing licenses. Section 50.70(a) part 52.
Current Power is revised to clarify that these inspection Section 50.71(c) specifies that the
Conforming changes are made to this requirements also apply to holders of default record retention period (i.e., the
section to clarify that the requirements early site permits under 10 CFR part 52. period that applies if a record retention
for station blackout apply to An early site permit is a partial period is not specified by the regulation
applications for construction permits, construction permit and therefore requiring the record) ends when the
combined licenses, design approvals, should be subject to the same inspection NRC ‘‘terminates the facility license.’’ A
design certifications, manufacturing requirements as a construction permit. manufacturing license is not a ‘‘facility’’
licenses, and operating licenses. In addition, the NRC is clarifying that license, inasmuch as subpart F of part
the inspection requirements also apply 52 is limited to the manufacture of
n. Section 50.65, Requirements for to applicants for licenses, construction reactors, not a ‘‘facility.’’ Finally, some
Monitoring the Effectiveness of permits, and early site permits. It is licenses (e.g., early site permits and
Maintenance at Nuclear Power Plants common for applicants to perform manufacturing licenses) may either be
This section presents the activities related to NRC regulations terminated by the NRC, or ‘‘expire’’ as
requirements for monitoring the before issuance of the license or permit a matter of law at the end of their term.
effectiveness of maintenance at nuclear for which they are applying and it has Accordingly, the NRC is revising
power plants. Paragraph 50.65(a) is been the NRC’s practice to inspect these § 50.71(c) to establish the records
revised to clarify that holders of activities whenever they are performed. retention period and to properly refer to
operating licenses issued under part 50 Therefore, the modification to require manufacturing licenses, early site
and combined licenses issued under that the inspection requirements in permits, and construction permits.
part 52 must comply with the § 50.70(a) apply to applicants is simply Section 50.71(e) establishes the
requirements in this section. In the a codification of the NRC’s current updating requirements for the FSAR,
proposed rule, § 50.65(c) was revised to practices. including the information that must be
specify that, for new licenses issued Section 50.70(b)(1) requires that each included in each update. The former
after the effective date of this regulation, licensee and each holder of a regulation, however was deficient in
the requirements of this section must be construction permit provide rent-free two respects. First, it did not address
implemented 30 days before the initial office space for the exclusive use of NRC the updating requirements for combined
fuel loading of the reactor. Commenters inspection personnel. The existing license applicants and holders. Second,
the regulation, if applied to this section covering maintenance of endorsing the standards, or in the
manufacturing licenses under subpart F records and making of reports, standards themselves.
of part 52, imposed unnecessary consistent with the Commission’s The one year time period was chosen
regulatory burden with respect to practice elsewhere in development of to allow time for the licensee to develop
periodic updating. the requirements for the part 52 and upgrade its PRA and conduct peer
Accordingly, the NRC is revising processes. review prior to the date when the PRA
§ 50.71(e) to specify the FSAR updating These new requirements are a must be completed (i.e., by the
requirements for combined license culmination of the Commission’s scheduled date for initial fuel load). The
applicants and holders. In addition, interest in use of risk-informed scheduled fuel load date was selected
current § 50.71(f) is redesignated as processes as articulated in its 1995 because the COL holder chooses this
§ 50.71(g), and a new § 50.71(f) is added. Policy Statement (‘‘Use of Probabilistic date, and thus is in a position to
Section 50.71(e)(3)(iii) is added to Risk Assessment Methods in Nuclear determine when the ‘‘one-year prior’’
contain the provisions applicable to Activities: Final Policy Statement,’’ (60 requirement comes into effect. Note that
combined license holders during the FR 42622; August 16, 1995)).In the this provision does not require that this
period of time from docketing of the original part 52 rule, each design PRA be submitted to the NRC for review
application to the Commission finding certification holder was required to and approval. The need for any such
under § 52.103(g). The update frequency include as part of the application a submittal or review would be
during this period is established as design-specific PRA. The Commission determined by any risk-informed
annually, which is consistent with has been engaged in an effort to improve application for which the licensee might
requirements in Section X.B.3.b of the PRA quality through support and wish to use this PRA, such as in support
design certification rules in appendices endorsement of consensus standards on of licensing actions.
A through D of part 52 for combined PRA methods. Paragraph (h)(2) requires the COL
license holders that reference those holder to maintain the PRA until
In the proposed rule published in
rules. After the Commission finding permanent cessation of operations
March 2006, the Commission included
under § 52.103(g), the frequency would under § 52.110(a). The Commission
a specific request for comment
be governed by § 50.71(e)(4), as for other intends PRA maintenance to be
(Question 10, ‘‘New Requirements for
operating reactors. consistent with how it is defined in the
Section 50.71(f) is revised to require Periodic Updates to the PRA’’—see American Society of Mechanical
the holder of the manufacturing license section IV of this document) about part Engineers (ASME) ‘‘Standard for
to update the FSAR to reflect any 52 licensees periodically updating the Probabilistic Risk Assessment for
modifications to the design of the PRA throughout the life of the facility, Nuclear Power Plant Applications’’
reactor authorized to be manufactured on a schedule similar to that for FSAR (ASME–RA–Sb–2005), that is ‘‘the
which have been approved by the NRC updates. Several commenters noted that update of the PRA models to reflect
under § 52.171, or any new analyses the proposed rule did not include a plant changes, such as modifications,
requested to be performed by the NRC. frequency for updating the PRA. These procedure changes or plant
Periodic updating of an FSAR for a commenters stated that they believed performance.’’ No specific frequency is
manufacturing license is not required by that PRA update frequency should be defined in the rule for such
§ 50.71(f), inasmuch as the NRC’s addressed in guidance rather than maintenance; the Commission expects
concept for a manufacturing license is regulations. These commenters licensees to follow the ASME (or other
for the design of the reactor authorized indicated a frequency of once every two consensus body) guidance on this
to be manufactured to be stable with no operating cycles would be reasonable aspect.
changes except as specifically approved and consistent with existing The paragraph further provides that
by the NRC as necessary for adequate requirements in 10 CFR 50.69(e). After the PRA must be upgraded every four
protection to public health and safety or considering the comments received, the years, to cover initiating events and
common defense and security, or to Commission has decided to require operational modes contained in NRC-
ensure compliance with the NRC’s combined license holders to maintain endorsed consensus standards in effect
requirements in effect at the time of and upgrade a PRA to meets endorsed one year prior to each required upgrade.
issuance of the manufacturing license. standards over the lifetime of the The Commission intends PRA upgrade
The provision in § 50.71(f) requiring the facility. To implement this decision, to be consistent with how it is defined
FSAR for a manufacturing license to be new requirements are being placed in in consensus standards, such as ASME–
updated to reflect new safety analyses § 50.71(h). RA–Sb–2005, that is, ‘‘the incorporation
required by the NRC is analogous to the Paragraph (h)(1) requires each holder into a PRA model of a new methodology
existing updating requirement in of a combined license, by the time of the or significant changes in scope or
§ 50.71(e). This assures that new scheduled fuel load date for the facility, capability.’’ If no new standards are
analyses performed to demonstrate the to develop a plant-specific PRA. The issued during a four-year upgrade cycle,
continuing adequacy of the unchanged PRA is to be both level 1 and level 2 and licensees would not be required to
manufactured reactor design are must cover those modes of operation upgrade their PRAs; however, the
appropriately reflected in the FSAR. and initiating events for which NRC- requirement to maintain the PRA would
Paragraph (g), formerly (f), is being endorsed consensus standards are in still be in effect. It should also be noted
revised to add reference to § 52.110(a)(1) effect one year prior to that date. Level that there may be situations where a
for permanent cessation of operation for 1 refers to the identification and PRA upgrade is needed more frequently
plants licensed under part 52. quantification of sequences leading to than the four year cycle, as for instance
Finally, paragraph (h) is being added the onset of core damage. Level 2 refers to support a new risk-informed
to 50.71. This paragraph contains to identification and quantification of application.
requirements for licensees to maintain severe accident progression and Finally, paragraph (h)(3) specifies that
and upgrade the PRA periodically containment response. Additional each holder of a combined license shall,
throughout the plant life. These information about scope and quality of no later than the date on which the
provisions apply only to COLs under PRA to meet these provisions will be licensee submits an application for a
part 52, but are included in part 50 in addressed in the NRC documents renewed license, upgrade the PRA to
cover all modes and all initiating events. regulatory approval processes do not construction permit followed by an
This requirement is not premised on the authorize fuel load or operation. operating license. These requirements
existence of NRC-approved consensus are not well-suited to the combined
d. Section 50.73, Licensee Event Report
standards, and an all-mode, all-initiator license process under part 52. For
System
PRA must be developed even if example, requiring the combined
standards do not yet exist. The Section 50.73 requires holders of license applicant to comply with the
requirement to develop and maintain operating licenses under part 50 for current requirement in § 50.75(b)(4) that
such a PRA by the time of license nuclear power plants to submit licensee the operating license applicant submit a
renewal application is intended only to event reports (LERs) on the occurrence copy of the financial instrument
establish a timing requirement for of certain operating events to the NRC. obtained to satisfy the requirements of
completing the upgrade of the PRA, and LERs facilitate the NRC’s oversight of § 50.75(e), would place a more stringent
does not have any implications on the operating nuclear power plants, by requirement on the combined license
current requirements for license alerting the NRC to the occurrence and applicant, inasmuch as that applicant
renewal. The upgraded PRA is not an underlying causes of events having would be required to fund
element of any (i.e., past, present, or potential safety implications. The NRC’s decommissioning assurance at an earlier
future) review or approval of a license regulatory interest in these events also date as compared with the operating
renewal application. extends to nuclear power plants license applicant.
operating under a combined license To address these discrepancies, the
In implementing these new
under subpart C of part 52, but the NRC is revising § 50.75 to address
requirements, it is the NRC’s
former language did not impose the LER decommissioning funding assurance for
expectation that industry stakeholders
requirement on combined license combined licenses. Under the final rule,
will work with the NRC and appropriate
holders. Accordingly, in a conforming the combined license applicant must
codes and standard setting bodies to
change, the NRC is extending the LER submit a decommissioning report as
continually upgrade the relevant codes reporting requirements to holders of required by § 50.33(k), but it need not
and standards, identify potential issues, combined licenses under part 52 after obtain a financial instrument to fund
resolve problems, and create relevant the Commission has made the finding decommissioning or to submit a copy to
guidance to assist in periodically under § 52.103(g). The final rule does the NRC. Instead, under § 50.75(b)(1)
improving the quality and not extend the LER requirement to other and (4), the combined license
comprehensiveness of the PRA. part 52 processes, because the events to application must contain a certification
c. Section 50.72, Immediate Notification be reported under the existing rule that the financial assurance will be
Requirements for Operating Nuclear concern events which can only occur provided no later than 30 days after the
Power Reactors upon fuel load and operation, and the NRC publishes notice in the Federal
remaining part 52 licensing and Register under § 52.103(a). See
Section 50.72 currently requires regulatory approval processes do not § 50.75(b)(1).
holders of operating licenses under part authorize fuel load or operation. The proposed rule would have
50 for nuclear power plants to notify the required the combined license holder to
NRC Operations Center via the e. Section 50.75, Reporting and
submit, by March 31 of each year until
Emergency Notification System of the Recordkeeping for Decommissioning
the date that the NRC authorizes fuel
declaration of any of the emergency Planning
load under § 52.103(g), an updated
classes specified in the licensee’s The requirements in § 50.75 are certification of the information required
approved emergency plan and of certain intended to ensure that entities who by paragraph (b)(1). The proposed rule
non-emergency events. The NRC’s construct and ultimately operate a also would have required the combined
regulatory interest in these events also nuclear power plant will have sufficient license holder to submit, no later than
extends to nuclear power plants funds at the end of the operational life 30 days after the Commission publishes
operating under a combined license of the plant to complete the notice in the Federal Register under
under subpart C of part 52, but the decommissioning of the plant. Section § 52.103(a), a certification that financial
former language did not impose the 50.75 requires a nuclear power plant assurance is being provided in the
notification requirements on combined operating license application to address relevant amount together with a copy of
license holders. Accordingly, in a the predicted costs of decommissioning, the financial instrument obtained to
conforming change in the final rule, the provide financial assurance by one of satisfy the requirements of § 50.75(e).
NRC is extending the notification the means specified in the regulation, Once the Commission has made the
requirements to holders of combined and submit evidence that one or more finding under § 52.103, the proposed
licenses under part 52 after the of these means has been established. rule would have required the combined
Commission has made the finding under Section 50.75 also requires the operating license holder to be subject to the
§ 52.103(g). The NRC did not include a license holder to update the cost reporting and updating requirements as
conforming change to this section in the estimates for decommissioning on an an operating license holder under part
proposed rule. However, based on annual basis, and to submit reports to 50, including the requirements
public comments, the NRC is including the NRC every 2 years describing, inter applicable when the plant is within 5
the change in the final rule to make it alia, any adjustments to the amount of years of the projected end of operation.
clear that the requirements of § 50.72 funds collected annually to reflect any A commenter objected to the annual
only apply to a combined license holder changes in projected decommissioning reporting requirement, arguing that an
after the Commission makes the finding cost. When a plant is within 5 years of annual update during the construction
under § 52.103(g). The NRC is not its projected end of its operation, the period would serve no purpose and is
extending the notification requirements reports must be submitted annually, and unnecessary and unduly burdensome.
to other part 52 processes because the a site-specific decommissioning cost The commenter proposed that the
events to be reported under the existing estimate must be submitted. Some of holder be allowed to adjust or update
rule concern events which can only these requirements are directed at the the original certification at the time
occur upon fuel load and operation, and two phase licensing process in 10 CFR construction is complete and the plant
the remaining part 52 licensing and part 50, in which the NRC issues a is ready to begin operation. Upon
further consideration, the Commission 7. US/IAEA Safeguards Agreement to transfers of an ESP. The NRC agrees,
has decided to modify the final rule by a. Section 50.78, Installation and has revised the final rule to specify
eliminating the requirement for annual Information and Verification which criteria are applicable to transfer
reports, and instead requiring the of an ESP. Specifically, paragraph
updating reports 2 years and 1 year Since 1980, the U.S./International (b)(1)(ii) requires an application for
before the date scheduled for initial Atomic Energy Agency (IAEA) transfer of an ESP to include as much
loading of fuel load (consistent with the Safeguards Agreement has allowed of the information described in §§ 52.16
schedule required by § 52.99(a)). The IAEA inspection and verification and 52.17 with respect to the identity
activities at U.S. facilities that the IAEA and technical qualifications of the
Commission’s objective is to have
selects from the U.S. Eligible Facilities proposed transferee as would be
sufficient time to evaluate the projected
List. The safeguards agreement is required by those sections if the
costs of decommissioning, and any
implemented under the Nuclear Non-
licensee-proposed changes in the application were for an initial license.
Proliferation Treaty, which provides
financial assurance mechanism for This change removes the requirement
assurance that all nuclear materials
funding before fuel is loaded into the for the applicant for transfer of an ESP
declared to be in peaceful use are not
reactor and operation commences. This diverted to potential use in nuclear to address financial qualifications since
will allow the Commission to take any explosives. Although 10 CFR part 75 this is not required of an initial ESP
necessary regulatory action before fuel contains most of the NRC requirements applicant. In addition, this change
loading and commencement of intended to implement the installation, removes the provision that the NRC may
operation. inspection, and verification provisions require additional information as part of
of the Safeguards Agreement with IAEA, an ESP transfer with respect to data on
The final rule requires that no later
§ 50.78 requires each holder of a proposed safeguards against hazards
than 30 days after the Commission
construction permit to submit certain from radioactive materials and the
publishes notice in the Federal Register
information on Form N–71, permit applicant’s qualifications to protect
under § 52.103(a), the combined license
verification by representatives of the against such hazards. Information on
holder must submit a report to the NRC.
IAEA, and take any other action these subject matters is not relevant to
The report must contain a certification
necessary to implement the Safeguards an ESP transfer, inasmuch as an ESP
that financial assurance is being
Agreement. Inasmuch as combined does not authorize the holder to possess
provided in an amount specified in the
licenses authorize construction of a radioactive material.
licensee’s most recent updated
nuclear power plant at a fixed site, the The NRC declines to adopt the
certification (i.e., the certification
provisions of § 50.78 should also apply suggestion of a commenter who
provided 1 year before the scheduled to a holder of a combined license under
date for initial loading of fuel, in suggested that the statement of
part 52. Accordingly, § 50.78 is revised considerations clarify when a transfer of
accordance with the first sentence of to specify that holders of combined
§ 50.75(e)(3)). The certification must an ESP is necessary. The NRC’s revision
licenses must, if requested by the NRC, to § 50.80 is a conforming change to a
include a copy of the financial submit installation information on Form
instrument obtained to provide procedural regulation, the process by
N–71, permit verification of that
decommissioning funding assurance. which the NRC processes and
information by the IAEA, and take other
The requirements in paragraph (f)(1) of determines a transfer of a license.
action as may be necessary to
§ 52.103(a), which are applicable to the Section 50.80 does not, by itself, specify
implement the Safeguards Agreement,
combined license holder after the in the manner set forth in § 75.6, and the circumstances for which a license
Commission has made the finding under §§ 75.11 through 75.14. transfer is necessary; it simply addresses
§ 52.103, are adopted in the final rule what procedures must be followed if a
8. Transfers of Licenses—Creditors’ license transfer request is received.
without change from the proposed rule. Rights—Surrender of Licenses Therefore, the NRC does not believe that
The § 50.75 decommissioning funding it is necessary or desirable to provide
a. Section 50.80, Transfer of Licenses
requirements do not apply to an such guidance in the context of this
applicant for, and holder of, a Section 50.80 implements Sections rulemaking.
manufacturing license under part 52. 101 and 184 of the AEA, which require
The NRC did not intend, when it first Commission approval for the transfer of b. Section 50.81, Creditor Regulations
adopted § 50.75, to subject holders of a license for a production or utilization
facility, including a nuclear power Section 50.81 implements Section 184
manufacturing licenses to the of the AEA, which requires the consent
requirements of that section. It is clear reactor. Section 50.80(a) explicitly refers
to transfers of a ‘‘license for a of the Commission for the creation of
from the words of former § 50.33(k)(1) any mortgage, pledge or other lien upon
that the rule applies only to applications production or utilization facility
* * *,’’ which would include any Commission-licensed facility or
for operating licenses for production special nuclear material. To ensure that
construction permits under part 50, as
and utilization facilities. A the reach of § 50.81 is as broad as the
well as all licenses and permits issued
manufacturing license by itself does not statutory requirement, the NRC is
under part 52. However, to explicitly
authorize either fuel load or operation, recognize the applicability of § 50.80(a) revising the definition of license and
which are the activities necessitating the to both permits under parts 50 and 52 facility. The definition of license in this
expenditure of funds for and all licenses under part 52, § 50.80(a) section is revised to explicitly refer to
decommissioning. Therefore, there is no is revised to explicitly refer to permits all licenses under 10 CFR, and early site
need for a holder of a manufacturing under parts 50 and 52, and licenses permits under part 52. The definition of
license, who does not intend to operate under part 52. The proposed rule would facility is revised to add a new
the reactor being manufactured to have only made these clarifying paragraph which explicitly refers to an
provide funding. revisions. A commenter on the proposed early site permit under part 52, and a
rule stated that some of the reactor manufactured under a
requirements in § 50.80 are not relevant manufacturing license under part 52.
9. Amendment of License or construction permit is not required even construction or alteration is subject to
Construction Permit at Request of where a holder of a combined license or § 50.55(b) (which is also revised in this
Holder a manufacturing license must seek a final rulemaking to make its provisions
a. Section 50.90, Application for license amendment because of a applicable to combined licenses).
Amendment of License or Construction material alteration. There is no safety or
regulatory benefit in requiring the 11. Backfitting
Permit; section 50.91, Notice for Public
Comment; State Consultation; and licensee to concurrently submit an a. Section 50.109, Backfitting
section 50.92, Issuance of Amendment application for a new construction
permit in addition to a license The backfit rule, 10 CFR 50.109,
Sections 50.90, 50.91, and 50.92 amendment, inasmuch as NRC review of provides certain protection to nuclear
govern the procedures and criteria for the alteration is assured. power plant licensees against changes in
NRC consideration and issuance of the NRC requirements and NRC staff
amendments to licenses and 10. Revocation, Suspension,
Modification, Amendment of Licenses positions on those requirements. Prior
construction permits. The regulations
and Construction Permits, Emergency to the final rule, the backfitting
do not clearly address early site permits,
combined licenses, or manufacturing Operations by the Commission provisions in § 50.109 applied to
licenses. Accordingly, the NRC is standard design approvals, construction
a. Section 50.100, Revocation, permits, and operating licenses, but did
making a number of changes in these Suspension, Modification of Licenses,
regulations. not address combined licenses or
Permits, and Approvals for Cause manufacturing licenses. Part 52 contains
Section 50.90 provides that applicants
for amendment of a license or Section 50.100 is revised to explicitly special backfitting requirements on
construction permit must file their address the Commission’s authority to early site permits, design certification
application with the NRC as described suspend, modify, or revoke any rules, but prior to this rulemaking,
in § 50.4, following the form prescribed standard design approval under subpart neither § 50.109 or part 52 addressed
for the original application. Although E of parts 50 or 52 for any material false backfitting of a combined license,
the term, license, as amended in § 50.2 statement in the application, or because although the NRC recognizes that
includes combined licenses, of any statement in any report, record, backfitting restraints for an early site
manufacturing licenses, and early site inspection, or condition revealed by the permit and a design certification rule
permits under part 52, § 50.92 is revised application, or by other means, which would apply to a combined license
to explicitly refer to these part 52 would warrant the NRC to refuse to
referencing either or both. To address
licenses to eliminate any confusion with grant the design approval on an original
these gaps in backfitting, and to clarify
respect to the applicability of this application. The former language of
the application of special backfitting
section to part 52 licenses. A similar § 50.100, which is retained as paragraph
(a) in the final rule, applied to any provisions, § 50.109(a)(1) is revised by
change is made in the introductory
license or any license or construction establishing the date that backfitting
paragraph of § 50.91.
Sections 50.92 and 50.91(a)(4) permit issued under part 50 for any protection begins for a manufacturing
implement the Commission’s authority material false statement in the license, a construction permit for a
under Section 189 of the AEA to application for the license or permit, or duplicate design license, and a
dispense with the advance publication because of any statement in any report, combined license. Moreover, with
of a Federal Register document record, inspection, or condition respect to a part 50 construction permit,
requesting a hearing with respect to revealed by the application, or by other a part 50 operating license, and a part
license amendments, and to make means, which would warrant the NRC 52 combined license, § 50.109 is revised
operating license and combined license to refuse to grant a license on an original by listing the specific backfitting
amendments immediately effective application, or for failure to construct or restrictions that apply if an early site
upon issuance, if the NRC finds that the operate a facility in accordance with the permit, standard design approval, or
amendment involves no significant applicable license or permit. While this standard design certification rule is
hazards consideration. The NRC is language applies to early site permits, referenced, or if a nuclear power reactor
revising § 50.92(c) to clarify that, combined licenses and manufacturing manufactured under a part 52
consistent with Section 189 of the AEA, licenses, by virtue of their status as manufacturing license is used.
the NRC may make a no significant licenses under the AEA, it does not
In the statement of considerations for
hazards consideration determination for clearly apply to standard design
the 2006 proposed rule, the Commission
amendments of combined licenses approvals as these are not licenses.
Nonetheless, the Commission possesses asked whether, instead of conforming
under part 52. Combined licenses are
explicitly mentioned in Section authority to modify, suspend or revoke the language of § 50.109 to reflect the
189.a.(2)(A) of the AEA with respect to the regulatory approvals. Accordingly, licensing and regulatory approval
immediate effectiveness following a the NRC is revising this section to add processes in part 52, the Commission
Commission determination of a no a reference to a standard design should adopt a general backfitting
significant hazards consideration. In approval. provision, analogous to § 50.109, in part
addition, a combined license merges The final rule is different than the 52. Commenters either expressed no
into a single license the authority proposed rule in several ways. A opinion on the matter, or otherwise
otherwise contained in a construction reference to part 50 is added in the indicated that they did not have a
permit and an operating license, and the clause governing revocations, preference. Accordingly, the
language of Section 189.a.(1)(A) of the suspensions, and modifications of Commission has decided to revise
AEA which refers to both amendments licenses. The word, ‘‘provided * * *,’’ § 50.109 to include the conforming
of construction permits and operating is revised to read ‘‘provided, changes, rather than adopting a
licenses, also applies to amendments of however,* * *.’’ Finally, a reference to backfitting provision in part 52.
combined licenses. a combined license is added to the
Finally, § 50.92(a) is revised to clause stating that a failure to meet the
provide that a separate application for a timely completion of proposed
12. Enforcement introduction also states that, for NRC believes that they should be
a. Section 50.120, Training and applications submitted after the subject to QA under § 50.55(f), and
Qualification of Nuclear Power Plant effective date of the final rule, every § 50.55(f) is revised accordingly.
applicant for an early site permit is Appendix B to part 50 was formerly
Personnel
required by the provisions of § 52.17 to applicable to combined licenses under
This section sets forth the include in its site safety analysis report the provisions of § 52.83, which states
requirements for training and qualifying a description of the quality assurance that all provisions of 10 CFR part 50 and
nuclear power plant personnel. In a program applied to site activities related its appendices applicable to holders of
conforming change, the NRC is revising to the design, fabrication, construction, operating licenses also apply to holders
§ 50.120 to add applicants for and and testing of the SSCs of a facility or of combined licenses. Appendix B to
holders of combined licenses as being facilities that may be constructed on the part 50 formerly applied to design
subject to this provision. site. The introduction states that every certifications by virtue of the provision
13. Appendices applicant for a design approval or in former § 52.48, which stated that
design certification is required by the design certification applications will be
a. Appendix A to Part 50—General reviewed for compliance with the
provisions of §§ 52.137 and 52.47,
Design Criteria for Nuclear Power Plants standards set out in 10 CFR part 50 as
respectively, to include in its FSAR a
The first paragraph of the description of the quality assurance they apply to applications for
Introduction to appendix A to part 50 is program applied to the design of the construction permits and operating
revised to clarify that the general design SSCs of the facility. Finally, the licenses for nuclear power plants, and
criteria in appendix A to part 50 apply introduction states that every applicant as those standards are technically
to applications for combined licenses, for a manufacturing license is required relevant to the design proposed for the
design approvals, design certification, by the provisions of 10 CFR 52.157 to facility. Former appendix O to part 52,
and manufacturing licenses, as well as include in its FSAR a description of the Section O.3, required applicants for
for construction permits. Also, General quality assurance program applied to design approvals to include the
Design Criterion (GDC) 19 of appendix the design, and to be applied to the information required by §§ 50.34(a) and
A to part 50, which sets forth manufacture of, the SSCs of the reactor. (b), as appropriate, and stated that the
requirements for a main control room in The wording in appendix B of part 50 information required by § 50.34(a)(7) (a
a nuclear power plant, is revised to and in the related provisions in the description of the quality assurance
clarify that the radiation protection contents of application sections in 10 program and a discussion of how the
requirements in GDC 19 for applications CFR part 52 is modified slightly in the applicable requirements of appendix B
filed after January 10, 1997, apply to final rule to reflect that some activities to part 50 will be satisfied), shall be
design approvals and manufacturing have already occurred when the limited to the QA program to be applied
licenses issued under part 52, in application is submitted (e.g., design of to the design, procurement and
addition to design certifications and SSCs for design certification applicants). fabrication of the SSCs for which design
combined licenses. Therefore, instead of requiring that the review has been requested. Appendix B
application describe the QA program to part 50 formerly applied to
b. Appendix B to Part 50—Quality
‘‘to be applied’’ to these activities, the manufacturing licenses by virtue of the
Assurance Criteria for Nuclear Power
final rule requires that the application provision in former appendix M to part
Plants and Fuel Reprocessing Plants
52, Section M.1, which stated that the
Appendix B to part 50 states that describe the QA program ‘‘applied’’ to
provisions in part 50 applicable to
every applicant for a construction these activities, since they have already
construction permits apply in context,
permit is required to include in its occurred.
with respect to matters of radiological
preliminary safety analysis report a The NRC is maintaining the current health and safety, environmental
description of the quality assurance regulatory structure for requirements protection, and the common defense
program to be applied to the design, that implement appendix B to part 50 and security, to manufacturing licenses.
fabrication, construction, and testing of whereby QA for construction activities Early site permits are considered
the SSCs of the facility and every is governed by § 50.55(f), and QA for partial construction permits, therefore,
applicant for an operating license is operation is governed by § 50.54(a). the NRC believes that they should be
required to include, in its FSAR, Because a combined license under part subject to the QA requirements of
information pertaining to the managerial 52 authorizes both construction and appendix B to part 50. Section 52.39,
and administrative controls to be used operation, a combined license holder with certain specific exceptions,
to assure safe operation. The NRC is should be subject to the QA requires the Commission to treat matters
revising appendix B to part 50 to clarify requirements in § 50.55(f) from the date resolved in an early site permit
that these requirements also apply to of issuance of the combined license proceeding as resolved in making
early site permits, design approvals, until the Commission makes the finding findings for issuance of a construction
design certifications, combined licenses, under § 52.103(g) that allows the permit, operating license, or combined
and manufacturing licenses under 10 licensee to load fuel and operate. license. Because of this finality,
CFR part 52. Specifically, the Thereafter, the combined license holder conclusions made during the early site
introduction to appendix B to part 50 is should be governed by the QA permit phase will be relied upon for use
revised to state that every applicant for requirements in § 50.54(a). The in subsequent design, construction,
a combined license is required by the manufacture of a nuclear power reactor fabrication, and operation of a reactor
provisions of § 52.79 to include in its under a manufacturing license is the that might be constructed on the site for
FSAR a description of the quality functional equivalent of construction. which an early site permit is issued.
assurance program applied to the Accordingly, the NRC is revising Therefore, the NRC believes that the
design, and to be applied to the § 50.55(f) to refer to holders of level of quality used to control activities
fabrication, construction, and testing of manufacturing licenses under part 52. related to safety-related SSCs should be
the SSCs of the facility and to the Early site permits under subpart A equivalent in the early site permit and
managerial and administrative controls precede construction and are considered combined license phases. For these
to be used to assure safe operation. The partial construction permits. Hence the reasons, applicants must apply quality
controls to each early site permit appear to be redundant to the financial used by an applicant for an operating
activity associated with the generation qualifications review that is already license or a design certification or
of design information for safety-related necessary at the construction permit and combined license, or a licensee who has
SSCs that meet the criteria in appendix operating license stages, or combined submitted a certification of permanent
B to part 50. Therefore, the NRC is license stage. Sufficient safety and cessation of operations under
revising appendix B to part 50 to make quality assurance reviews, including the § 50.82(a)(1) or § 52.110 as guidance in
it applicable to early site permits. use of ITAAC in the case of a combined developing technical specifications
license, should be sufficient to address under § 50.36a(a) to keep levels of
c. Appendix C to Part 50—A Guide for
any adverse impacts on safety as the radioactive materials in effluents to
the Financial Data and Related
result of inadequate financial resources unrestricted areas as low as is
Information Required To Establish
to properly manufacture the reactor. reasonably achievable. Finally, Section
Financial Qualifications for
Furthermore, the NRC notes that V of appendix I to part 50 is revised to
Construction Permits and Combined
manufacture of a reactor is, in many state that the guides for limiting
Licenses
respects, no different than fabrication of conditions for operation set forth in
Section 182.a of the AEA requires an components and systems by third party appendix I are applicable to any
applicant for a license for a production vendors, who are not required to obtain application filed on or after January 2,
or utilization facility to submit an NRC license and demonstrate 1971, for a construction permit for a
information in its application * * * ‘‘as financial qualifications. There seems to light-water-cooled nuclear power
the Commission, regulation, may be no regulatory value to mandate a reactor, or a design certification, a
determine to be necessary to decide financial qualifications review of combined license, or a manufacturing
such of the technical and financial manufacturing license applicants, when license for a light-water-cooled nuclear
qualifications of the applicant * * * as this type of review is not conducted by power reactor under part 52. Note that
the Commission may deem appropriate the NRC for fabricators of nuclear power the NRC added the phrase ‘‘for a light-
for the license.’’ The NRC has long plant systems and components. water-cooled nuclear power reactor’’ to
determined the need for non-utility Section V in the final rule. This phrase
applicants for nuclear power plant d. Appendix E to Part 50—Emergency
was inadvertently left out of the
construction permits and operating Planning and Preparedness for
introduction to Section V in the
licenses to establish their financial Production and Utilization Facilities
proposed rule. The NRC did not intend
qualifications (see 10 CFR 50.33(f)), and See discussion in Section V.D.4.f of to change the applicability of appendix
has set forth the specific information on this document. I in this rulemaking and is, therefore,
financial qualifications to be provided correcting this omission in the final
e. Appendix I to Part 50—Numerical
by applicants for construction permits rule. The NRC has also removed the
Guides for Design Objectives and
in appendix C to part 50. Inasmuch as conforming change it had proposed to
Limiting Conditions for Operation To
holders of combined licenses under part paragraph A.3 of the Concluding
Meet the Criterion ‘‘as Low as is
52 are authorized to perform the same Statement of Position of the Regulatory
Reasonably Achievable’’ for Radioactive
construction activities with respect to a Staff (Docket–RM–50–2) Guides on
Material in Light-Water-Cooled Nuclear
nuclear power plant as a holder of a Design Objectives for Light-Water-
Power Reactor Effluents
construction permit under part 50, the Cooled Nuclear Power Reactors in
NRC believes that applicants for The Commission is revising appendix appendix I. The design objectives in this
combined licenses should be subject to I to part 50 to conform to the changes staff position are only applicable to
the requirements of appendix C to part in §§ 50.34a and 50.36a which are being those light-water-cooled nuclear power
50. Accordingly, the title of appendix C made as part of this final rule. reactors that applied for a construction
is revised to make clear the applicability Specifically, a statement is added in permit before January 2, 1971 (per
of this appendix to applicants for Section I of appendix I to part 50, Appendix I, Section V, B.2.). Because
combined licenses. This change stating that §§ 52.47, 52.79, 52.137, and part 52 did not exist before 1971, the
constitutes a conforming change to the 52.157 provide that applications for proposed change is unnecessary.
revision of § 50.33. design certification, combined license,
With the exception of manufacturing design approval, or manufacturing f. Appendix J to Part 50—Primary
licenses, none of the other regulatory license, respectively, shall include a Reactor Containment Leakage Testing
processes under part 52, e.g., early site description of the equipment and for Water-Cooled Power Reactors
permits, standard design certifications, procedures for the control of gaseous Section 50.54(o) provides a condition
and standard design approvals, and liquid effluents and for the for all operating licenses for water-
authorize any activities constituting maintenance and use of equipment cooled power reactors that primary
‘‘construction’’ under the AEA and the installed in radioactive waste systems. reactor containments must meet the
Commission’s regulations.7 Therefore, In addition, Section II of appendix I to containment leakage test requirements
the final rule does not refer to early site part 50 is revised to state that the guides set forth in appendix J to part 50. These
permits, design certifications, or design on design objectives set forth in test requirements provide for
approvals under part 52. With respect to appendix I to part 50 may be used by preoperational and periodic verification
a reactor manufacturing license, the an applicant for a combined license as by test of the leak-tight integrity of the
NRC does not believe that a financial guidance in meeting the requirements of primary reactor containment, and
qualifications review is necessary for § 50.34a(d) or by an applicant for a systems and components which
several reasons. A financial design approval, a design certification, penetrate containment of water-cooled
qualifications review at the or a manufacturing license as guidance power reactors, and establish the
manufacturing license stage would in meeting the requirements of acceptance criteria for these tests. The
§ 50.34a(e). Section IV of appendix I to purpose of the tests are to assure that

7 Although early site permit applicants may seek
part 50 is revised to state that the guides leakage through the primary reactor
the authority to conduct activities allowed under 10 on limiting conditions for operation for containment systems and components
CFR 50.10(e)(1) (but not activities allowed under
§ 50.10(e)(3), see § 52.17(c)), these activities are not light-water-cooled nuclear power penetrating primary containment shall
considered ‘‘construction.’’ reactors in appendix I to part 50 may be not exceed allowable leakage rate values
as specified in the technical former appendix M to part 52, Section its procedures to both rulemaking and
specifications or associated bases, and M.1, which stated that the provisions in the processing of standard design
periodic surveillance of reactor part 50 applicable to construction approvals.
containment penetrations and isolation permits apply in context, with respect to
2. Section 2.4, Definitions
valves is performed so that proper matters of radiological health and safety,
maintenance and repairs are made environmental protection, and the The definitions of contested
during the service life of the common defense and security, to proceeding, license, and licensee, are
containment, and systems and manufacturing licenses. Therefore, the revised in part 2 by adding conforming
components penetrating primary Commission is revising the General references, as appropriate, to the
containment. The Commission is Information section of appendix S to licensing processes in part 52. The
revising appendix J to clarify that these part 50 to state that the appendix revised definition of contested
requirements also apply to combined applies to applicants for a design proceeding clarifies that contested
licenses under 10 CFR part 52. This is certification, design approval, combined proceedings include those involving
consistent with former § 52.83, which license, or manufacturing license under permits, such as early site permits and
stated that all provisions of 10 CFR part 10 CFR part 52 or a construction permit construction permits. The revised
50 and its appendices applicable to or operating license under 10 CFR part definition of license, ensures that early
holders of operating licenses also apply 50. The NRC also made conforming site permits and construction permits,
to holders of combined licenses. changes to the Introduction, paragraph as well as part 52 combined licenses
(a) to appendix S to part 50, and added and manufacturing licenses, are
g. Appendices M and O to Part 50 considered to be licenses for purposes of
definitions for design approval and
[Removed] part 2. Similarly, the revised definition
manufacturing license to Section III of
The NRC has removed appendices M appendix S to part 50, to be consistent of licensee ensures that holders of early
and O from 10 CFR part 50. Appendix with the definitions in proposed part 52. site permits and construction permits,
M provided for issuance of a license as well as combined licenses and
authorizing the manufacture of a E. Change to 10 CFR Part 1 manufacturing licenses, are considered
nuclear power reactor to be 1. Section 1.43, Office of Nuclear to be licensees for purposes of part 2.
incorporated into a nuclear power plant Reactor Regulation
under a construction permit and 3. Section 2.100, Scope of Subpart
Section 1.43 describes the This section is revised by adding
operated under an operating license at
responsibilities of the Office of Nuclear conforming references to issuance of a
a different location from the place of
Reactor Regulation (NRR), which standard design approval under subpart
manufacture. Appendix O addressed the
includes the development and
approval of standard designs for nuclear E of part 52.
implementation of regulations, policies,
power reactors. These appendices were 4. Section 2.101, Filing of Application
programs and procedures for the receipt,
transferred to 10 CFR part 52 when it
possession or ownership of source, This section, which governs the
was first issued (54 FR 15372; April 18,
byproduct and special nuclear material procedures for, and the timing and
1989). However, the NRC failed to
that is used or produced at nuclear content of applications, has been
remove those appendices from 10 CFR
power plants. Inasmuch as power plants revised in several respects. Paragraphs
part 50, though the NRC intended to do
may be licensed under part 52 as well (a)(1), (a)(2), the introductory paragraph
so (see 54 FR 15385; April 18, 1989).
as part 50, § 1.43(a)(2) is revised to of (a)(3), paragraph (a)(3)(iii), and
h. Appendix S to Part 50—Earthquake clarify that NRR has authority over the paragraph (a)(4) are revised by adding
Engineering Criteria for Nuclear Power development and implementation of conforming references to combined
Plants regulations, policies, programs and licenses, early site permits, and
Appendix S to part 50 provides procedures for the receipt, possession or standard design approvals. The
earthquake engineering criteria for ownership of source, byproduct and Commission notes that the former
nuclear power plants and applies to special nuclear material that is used or language of § 2.101 already applied to
applicants for a design certification or produced at nuclear power plants combined licenses, as well as early site
combined license under part 52 or a licensed under part 52. In addition, a permits, inasmuch as they are both
construction permit or operating license correction has been made to reference licenses. Nonetheless, consistent with
under part 50. The final rule revises part 54, to clarify that NRR has the same the revisions to the definitions of license
appendix S to clarify that the authority with respect to renewed and licensee, § 2.101 has been revised to
requirements in appendix S also apply operating licenses for nuclear power explicitly refer to early site permits, as
to applicants for design approvals and plants. applicable.
manufacturing licenses issued under 10 F. Changes to 10 CFR Part 2 In response to public comment on the
CFR part 52. Although former appendix proposed rule, paragraph (a)(5) of
O to part 52 did not explicitly require 1. Section 2.1, Scope § 2.101 and paragraph (a–1) are revised
applicants for design approvals to The statement of scope for part 2 is to allow applicants for combined
comply with the requirements of revised by adding a reference to licenses—as well as applicants for
appendix S, the NRC is requiring design rulemaking and standard design construction permits as provided under
approval holders to comply with approvals. Previously, the scope this section—to submit applications in
appendix S to part 50 because the NRC statement did not mention rulemakings, parts. Paragraph (a)(5) of the final rule
believes that the requirements for a even though subpart H of part 2 applied allow applicants for combined licenses
design approval should be the same as to rulemakings, nor did it mention and construction permits to submit an
the requirements for a design standard design approvals even though application in two parts, with one part
certification, given that the reviews the NRC processed applications for containing the environmental report
performed by the NRC staff for the two design approvals in accordance with the required under § 50.30(f) if the
products are essentially identical. procedures in part 2. Accordingly, the application is for a construction permit
Finally, appendix S formerly applied to change in the statement of scope for part or § 52.80(b) if the application is for a
manufacturing licenses by virtue of 2 correctly reflects the applicability of combined license. The other part must
contain the information required by applications for early site permits, (see discussion of the manufacturing
§§ 50.34(a) and 50.34a if the application standard design approvals, combined license concept).
is for a construction permit, or § 52.79 licenses, and manufacturing licenses
7. Section 2.105, Notice of Proposed
and § 52.80(a) if the application is for a under part 52. Under the revised
Action
combined license. In addition, the part section, the NRC staff will establish a
that is filed first must contain the review schedule for an application for Section 2.105 contains the NRC’s
information required by § 50.33, these processes, thereby treating the procedures for notices of proposed
§ 50.34(a)(1) if the application is for a applications the same as applications actions where a hearing is not required
construction permit, § 52.79(a)(1) if the for construction permits or operating by law and if the Commission has
application is for a combined license, licenses. determined that a hearing is in the
and § 50.37. There are no considerations public interest. Inasmuch as
unique to combined licenses which 6. Section 2.104, Notice of Hearing amendments to combined licenses and
would weigh against allowing a Section 2.104 sets forth the NRC’s manufacturing licenses do not require a
combined license applicant to submit a requirements regarding publication in mandatory hearing under the AEA,
two part application under paragraph the Federal Register of notice of § 2.105(a)(4) is revised to clarify that the
(a)(5) of § 2.101. Accordingly, the hearings. The former rule, as well as the procedures in § 2.105 also apply to
Commission is adopting this change in proposed part 52 rule, specified the applications for amendments of
the final rulemaking. Inasmuch as the nature of the issues that the presiding combined licenses and manufacturing
revisions are to the Commission’s rules officer must address in both licenses. Furthermore, because the AEA
of procedure and practice, the uncontested and contested proceedings. does not require a mandatory hearing
Commission may adopt them in final The NRC has decided, based upon its for the initial issuance of manufacturing
form without further notice and experience in noticing hearings in the licenses, paragraph (a)(13) is added in
comment, under the rulemaking last decade (in which the Commission’s the final rule to provide for publication
provisions of the APA, 5 U.S.C. notices for more significant proceedings of a notice of proposed action in
553(b)(A). have varied from requirements in this connection with an application for a
Paragraph (a–1) of § 2.101 allows section), as well as its consideration of manufacturing license under subpart F
applicants for combined licenses, as the nature of mandatory hearings under of part 52.
well as applicants for construction Under § 52.103(a), which implements
Section 189 of the AEA, that much of
permits, to submit an application in Section 189.a(1)(B)(i) of the AEA, the
this detailed prescription of the content
parts to allow for early consideration NRC is required to publish in the
of the notice of hearing should be
and a presiding officer’s partial initial Federal Register a notice of intended
removed from § 2.104. operation and an opportunity to request
decision on those site suitability matters
Accordingly, the language of § 2.104 a hearing with respect to compliance of
for which the applicant seeks NRC
has been considerably truncated from the facility with inspections, tests, and
resolution. The provisions governing
the former rule. Paragraph (a) is largely acceptance criteria in a part 52
early consideration of site suitability
the same as former paragraph (a). combined license. Accordingly, the NRC
issues in a combined license proceeding
However, paragraph (b) has been is revising § 2.105 by adding
are set forth in paragraph (a–1)(2).
modified to specify only the § 2.105(a)(12) which addresses the
Under this paragraph, a combined
requirements of the notice of hearing information to be contained in the
license application may be submitted in
three parts, with the first part containing which are common to all proceedings. Federal Register notice required by
information on the site suitability issues All provisions in the former § 2.104 § 52.103(a).
which the applicant wishes to have specifying the issues to be addressed by Because the Commission’s
resolved first. The second and third the presiding officer are removed in the authorization for a combined license
parts, which constitute the remainder of final rule. Inasmuch as this revision is holder to operate under § 52.103 does
the application as described in to the NRC’s rules of procedure and not constitute ‘‘issuance’’ of a license or
paragraph (a–1)(2)(ii) and (iii), must be practice, the NRC may adopt them in amendment under § 2.106, § 2.105(b)(3)
submitted during the period that the final form without further notice and is added indicating that the Commission
partial decision on part one is effective, comment, under the rulemaking will publish a notice of intended
viz., 5 years under new § 2.627 in provisions of the APA, 5 U.S.C. operation in the Federal Register that
subpart F of part 2. There are no 553(b)(A). identifies the proposed Agency action as
considerations unique to combined Paragraph (c), (paragraph (m) in the making the finding under § 52.103(g).
licenses which would weigh against proposed rule, former paragraph (e)) Paragraph (b)(3)(iii) of the proposed
allowing a combined license applicant requires the NRC to transmit a notice of rule, which would have required that
to obtain early consideration of site hearing on an initial application of a the Commission publish, as part of that
suitability issued under paragraph (a–1). license for a production or utilization Federal Register notice, a finding that
As with the change to paragraph (a)(5), facility to an appropriate state official ITAAC have been met, has not been
this revision to paragraph (a–1) and the chief executive of the included in the final rule. This is
constitutes revisions to the municipality or county in which the because Commission may not have
Commission’s rules of procedure and facility is to be located or an activity is made, at the time of the Federal
practice. Accordingly, the Commission to be conducted. In addition to the Register notice, the finding that all
may adopt them in final form without redesignation, paragraph (c) is revised to ITAAC have been met. After careful
further notice and comment, under the clarify that the notice must be provided review of the language of Section 189 of
rulemaking provisions of the APA, 5 for applications for early site permits, the AEA, the Commission concludes
U.S.C. 553(b)(A). combined licenses, but not that the Federal Register notice required
manufacturing licenses. Manufacturing by Section 189.a(1)(B)(i) need not

5. Section 2.102, Administrative Review licenses are excluded from the include a finding that ITAAC have been
of Application notification provisions because the NRC met. Accordingly, § 2.105(b)(3) of the
This section is revised by adding is not licensing any particular location final rule does not include a
conforming references in § 2.102(a) to or site where manufacturing may occur requirement for such a finding to be
included in the Federal Register notice expired until the renewal application raise issues in law or fact with respect
of intended operation. has been finally determined. to whether one or more of the
acceptance criteria in a combined
8. Section 2.106, Notice of Issuance 10. Section 2.110, Filing and
license have not been, or will not be
Section 2.106(a) formerly provided Administrative Action on Submittals for
met, and that the specific operational
that the NRC will publish in the Federal Standard Design Approval or Early
consequences of nonconformance
Register a notice of issuance of a license Review of Site Suitability Issues
would be contrary to providing
or amendment of a license where a In a conforming change, paragraphs reasonable assurance of adequate
notice of proposed action has been (a) and (b) of § 2.110 are revised to refer protection to public health and safety.
previously published, and notice of to subpart E of part 52 and appendix Q This is consistent with the statutory
amendment of a nuclear power plant of part 50. Paragraph (c) is corrected by limitation on the scope of a hearing in
license. However, that language did not adding § 2.110(c)(2) to address the Section 189.a(1)(B)(ii) of the AEA.
require publication in the Federal procedures applicable to administrative Third, a new paragraph (f)(1)(vii) has
Register that the Commission has made determinations of submittals for early been added to set forth the specific
the finding under § 52.103(g). Although review of site suitability issues; requirements for a contention under
the AEA does not require publication of formerly, paragraph (c) only refers to Section 189.a(1)(B)(ii) and 10 CFR
a notice of the Commission finding standard designs. 52.103(b). The new paragraph provides
under § 52.103, the Commission
11. Section 2.111, Prohibition of Sex that, in a request for hearing under
believes that this publication is
desirable as a matter of public Discrimination § 52.103(b), the information submitted
transparency and consistency with past This section prohibits sex must be sufficient and include
practice of the Federal Register discrimination against certain persons supporting information showing, prima
publication of Commission action with with respect to, inter alia, a license facie, that: (i) One or more of the
similar effects (i.e., the issuance of a under the AEA. This section is revised acceptance criteria in a combined
nuclear power plant operating license). to include standard design approvals license have not been, or will not be
Accordingly, § 2.106(a) is revised to under part 52, and petitions for met, and (ii) the specific operational
require Federal Register publication of rulemaking, including an application for consequences of nonconformance
the Commission finding under § 52.103. a design certification under part 52. would be contrary to providing
Section 2.106(b)(2) is also revised to reasonable assurance of adequate
set forth the minimum requirements for 12. Section 2.202, Orders protection to public health and safety.
the contents of a Federal Register notice This section is revised by The revision also makes clear that the
of action, e.g., the manner in which redesignating § 2.202(e) as § 2.202(e)(1), information in support of a contention
copies of the safety analyses, if any, may and adding §§ 2.202(e)(2) through (5), to that an acceptance criterion is not, or
be obtained and examined, and a indicate the backfitting provisions in will not be met, must identify the
finding that the prescribed inspections, part 52 applicable to the various specific portions of the § 52.99(c) report
tests, and analyses have been performed licensing processes under part 52. No which is inaccurate, incorrect, or
and that the acceptance criteria provisions were deemed necessary to incomplete. The terms, ‘‘inaccurate,’’
prescribed in the combined license have address issuance of orders representing and ‘‘incorrect,’’ while somewhat
been met, and that the license complies backfitting of NRC approvals such as overlapping, are intended to cover a
with the requirements of the AEA and standard design approvals. broad range of situations. ‘‘Inaccurate’’
the NRC’s regulations. These provisions is intended to address a situation where
are the same as the existing 13. Section 2.309, Hearing Requests, information contained in, referenced by,
requirements with respect to notices of Petitions To Intervene, Requirements for or relied upon (either explicitly or
issuance for licenses and license Standing, and Contentions implicitly) as a supporting basis for a
amendments, but adds the requirements Section 2.309, which establishes the representation in a § 52.99(c) report, is
with respect to ITAAC mandated by NRC requirements governing requests erroneous (e.g., an erroneous
Section 185 of the AEA and part 52. The for hearing and petitions to intervene— computation, or inaccurate data entry of
NRC disagrees with the contention including submission of contentions—is a test result). By contrast, ‘‘incorrect’’
raised by the nuclear industry that revised to add three conforming and focuses on a situation where such
Section 185 of the AEA limits the NRC clarifying changes. First, paragraph (a) is information is the result of a cognitive
to a finding of compliance with respect revised, consistent with a change to inadequacy or failure (even if, under the
to ITAAC under § 52.103(g). Nothing in § 52.103(c), to make clear that in a circumstances, the inadequacy or failure
the legislative history suggests that by proceeding under § 52.103, the is justifiable), poor judgement,
adopting Section 185 of the AEA, Commission itself will act as the negligence, or deliberate wrongdoing.
Congress intended to override the NRC’s presiding officer, will consider and act By ‘‘incomplete,’’ the NRC means that
long-standing practice of making upon a request for a hearing under the report does not provide the
findings of compliance with the Act and § 52.103, and will also determine information which must be provided in
the Commission regulations when whether a period of interim operation the report as required by § 52.99.
issuing nuclear power plant licenses. may be permitted, as provided for under Furthermore, if the requestor contends
Section 189.a(1)(B)(iii) of the AEA. that the § 52.99(c) report is incomplete,
9. Section 2.109, Effect of Timely Inasmuch as the Commission itself will and the requestor contends that the
Renewal Application make the contention admission incomplete portion prevents the
Section 2.109 is revised to add determination, there should be no need requestor from making the necessary
conforming references to a combined for further Commission review of the prima facie showing, then the requestor
license under subpart C of part 52. The contention admission decision at the must also, as provided by
revised language clarifies that an end of the hearing. § 2.309(f)(1)(vii), explain why the
application for a combined license filed Second, paragraph (f)(1)(i) has been deficiency (viz., the incomplete nature
no later than 5 years before its revised to make clear that contentions in of the report) prevents the requestor
expiration will not be deemed to have § 52.103(b) requests for hearing must from making the necessary prima facie
showing. The NRC believes that these replying to any answers filed by the substantial changes to these matters
changes to § 2.309 will help ensure that applicant and/or the NRC staff. addressed in this section, as discussed
any 10 CFR 52.103 hearing on whether Finally, in a conforming change below. These changes are to the NRC’s
the acceptance criteria in ITAAC have associated with the revision to rules of procedure and practice, and the
been, or will be met, is focused only on § 52.103(c), paragraph (i) is revised to NRC is adopting the changes in final
the matters which Congress intended to prohibit any ‘‘appeal’’ under § 2.311 of form without further notice and
be adjudicated at this juncture, as a Commission decision to grant or deny comment, under the rulemaking
directed by Section 189.a.(1)(B) of the a request for hearing. Inasmuch as the provisions of the APA, 5 U.S.C. 5,
AEA. Commission is acting as a presiding 553(b)(A).
Fourth, paragraph (g) is revised to officer, there can be no further ‘‘appeal’’
to a higher agency decisionmaker. Scope of Presiding Officer’s Initial
conform with the change in: (i) 10 CFR Decision
52.103(c), which now provides that the Moreover, an adversely affected party
Commission will act as the presiding may seek reconsideration of the Formerly, paragraph (a) limited the
officer in determining whether to grant Commission’s decision under § 2.345, scope of the presiding officer’s findings
or deny a request for hearing with and it would be duplicative to afford an and conclusions of law in initial
respect to whether acceptance criteria in adversely-affected party a § 2.311 decisions in contested proceedings for
ITAAC have been or will be met; and (ii) ‘‘review’’ right in addition to the production or utilization facility
10 CFR 2.310, which provides that the opportunity to seek reconsideration operating licenses to matters put into
Commission, acting as the presiding under § 2.345. controversy by the parties. Matters not
officer, will determine the hearing Inasmuch as these revisions are to the put into controversy by the parties
procedures to be utilized in a § 52.103 NRC’s rules of procedure and practice, could only be examined by the
the NRC may adopt them in final form presiding officer by direction of the
hearing. Under the revised paragraph
without further notice and comment, Commission, either on its own initiative
(g), a request for hearing under § 52.103
under the rulemaking provisions of the or upon the presiding officer’s referral of
shall not address the hearing procedures
APA, 5 U.S.C. 553(b)(A). the matter to the Commission. In a
to be utilized.
Fifth, paragraph (h) is revised to 14. Section 2.310, Selection of Hearing conforming change, a new paragraph (b)
prohibit a reply by a requestor for a Procedures is added to apply the limitation in
hearing under § 52.103. The NRC contested hearings under § 52.103(g)
Section 2.310 is revised, in part to with respect to whether the acceptance
believes that Congress intended the conform with the change in 10 CFR
Commission’s initial decision to grant criteria in a combined license ITAAC
52.103(c), which now provides that the have been, or will be met.
the hearing and the determination of Commission will act as the presiding The § 2.340(a) limitation did not
interim operation to be based upon the officer in determining whether to grant apply to a contested utilization facility
same set of information. The or deny a request for hearing with construction permit proceeding.
Commission’s view is based upon the respect to whether acceptance criteria in Although the statement of
language of Section 189.a.(1)(B)(iii), ITAAC have been or will be met. The considerations for the original
which refers to a Commission revised § 2.310 now provides that the rulemaking adopting this limitation (in
determination to allow a period of Commission will determine the hearing former § 2.760a) does not directly
interim operation based upon the procedures to be utilized in its address the basis for this limitation (see
‘‘petitioner’s prima facie showing and determination on a hearing request January 17, 1975; 40 FR 2973), the
any answers thereto. * * *’’ That the under § 52.103, as well as the hearing underlying rationale may be gleaned
statute only refers to a request and the procedures to be utilized in resolving from the Commission’s order in
answers thereto suggests that Congress admitted contentions under § 52.103(c) Consolidated Edison Co. of New York
did not intend that a reply was and (g).8 (Indian Point Nuclear Generating Unit
necessary. This is understandable given Inasmuch as this revision is to the
3), 8 AEC 7 (1974) which engendered
Congress’’ explicit direction that any NRC’s rules of procedure and practice,
the rulemaking. In explaining that the
hearing granted be completed ‘‘to the the NRC may adopt it in final form
Licensing Board has no obligation at the
maximum possible extent * * * within without further notice and comment,
operating license stage to inquire into
180 days of the publication of the notice under the rulemaking provisions of the
matters which parties have not raised
[of opportunity to request a hearing APA, 5 U.S.C. 553(b)(A).
and the Licensing Board itself has no
under Section 189.a(10)(B)(i)] or the
15. Section 2.340, Initial Decision in reason to inquire, the Commission
anticipated date for initial loading of
Certain Contested Proceedings; stated:
fuel into the reactor, whichever is later.’’
Immediate Effectiveness of Initial To have a Licensing Board engage in an
While the relevant statutory language
Decisions; Issuance of Authorizations, idle exercise examining issues just for the
literally applies only to the Commission
Permits, and Licenses sake of examination—when the parties have
determination of interim operation, the
Section 2.340 addresses several not raised such matters, and the Board is
NRC believes that as a matter of logic, satisfied that there is nothing to inquire
Congress must have intended that it different matters relating to the about—would serve no useful purpose. This
would also apply to the threshold presiding officer’s initial decision and is particularly true since an operating license
question of granting or denying the its effect. The final rule reorganizes the proceeding is not to be used to rehash issues
hearing request. It is unclear why paragraphs in this section in order to already well ventilated and resolved at the
Congress would allow more information better distinguish among these matters, construction permit stage. Alabama Power
to be considered in the threshold reserves paragraphs (g) and (h) for future Co. (Joseph M. Farley Nuclear Plant, Units 1
question of the hearing request, but use by the Commission, and makes and 2), CLI–74–12 (RAI–74–3–203).
limit the information to be considered Id. at 8. Thus, the limitation was

8 The NRC notes that 10 CFR 2.309 does not
in the interim operation determination. based, in part, upon the broader scope
apply, by its terms, to petitions to modify the terms
The NRC concludes that it would be and conditions of a combined license under 10 CFR
of inquiry for the presiding officer at
closer to Congress’ intention to prohibit 52.103(f). Such petitions must meet the construction permit stage, which is a
a requestor for a § 52.103 hearing from requirements of 10 CFR 2.206. ‘‘mandatory hearing’’ required by
Section 189.a(1)(A). This rationale related to the part 52 rulemaking effort, While the NRC’s 1979 and 1981
continues to apply today, and the NRC is adopting this change as part rulemakings were justified in light of
consequently the NRC does not propose of the part 52 final rule to ensure that the circumstances at that time, other
to alter the NRC’s practice by extending stakeholders understand the provisions factors now lead the NRC to believe that
the § 2.340(a)/§ 2.760a limitation to of § 2.340 as an integrated whole. the oversight provisions adopted in
construction permit (including early site 1981 are no longer necessary or
Immediate Effectiveness of Presiding
permit) proceedings. Nor should the desirable. In the 25 years since the
Officer’s Initial Decision in Production
§ 2.340(a)/§ 2.760a limitation apply in a adoption of the 1981 provisions, the
and Utilization Facility Proceedings
part 52 combined license proceeding NRC’s regulatory framework and
with respect to matters that would The remainder of former § 2.340 was requirements for nuclear power plants
otherwise be addressed and resolved in an amalgam of the Commission’s has evolved and strengthened. The
a construction permit issuance original rule (10 CFR 2.764 9) a NRC’s technical requirements for
proceeding. presiding officer’s initial decision in nuclear power reactors were
The final part 52 rule includes several certain proceedings was immediately substantially augmented in the years
changes to implement the NRC’s effective upon issuance, combined with immediately following the TMI
conclusions in this regard. Section newer provisions—first adopted in 1979 accident, and thereafter have evolved to
2.340(a) is revised to provide that the and modified in 1981—which reflect lessons learned, new
presiding officer in a contested suspended the immediate effectiveness information, and the increasing
operating license proceeding shall make rule. The ‘‘automatic stay’’ provisions acceptance of risk-informed
findings of fact and conclusions of law were adopted following the accident at methodologies. Similarly, the NRC’s
to, inter alia, those matters put into TMI–2, in order to provide for the oversight of nuclear power plants has
controversy or otherwise directed by the Commission’s direct involvement in the evolved to reflect lessons learned, new
Commission. Paragraphs (b), (c), and (d) issuance of nuclear power plant information, and the maturation of risk
are revised to address the scope of the licenses. The Commission first issued assessment methodologies. Thus, the
presiding officer’s initial decision in a an Interim Statement of Policy and NRC believes its regulations may be
combined license proceeding (including Procedure in October 1979, which first revised to remove the regulatory
a renewal or amendment proceeding), in noted that the TMI–2 accident was requirement for direct Commission
a proceeding under § 52.103(g), and in being investigated by the NRC and may involvement in all production and
a manufacturing license proceeding result in ‘‘significant changes in the utilization licensing proceedings. The
(including a renewal or amendment Commission’s regulatory policy and in
Commission’s words in the May 1981
proceeding). the procedures it employs to license
final rulemaking apply with more force
As discussed previously, the former nuclear power facilities.’’ The Policy
today:
§ 2.340(a)/§ 2.760a limitation applied Statement then indicated that ‘‘new
only to operating license proceedings, construction permits, limited work This amendment does not compromise the
and did not apply to other contested authorizations, or operating licenses for Commission’s commitment to the protection
of public health and safety or to a fair hearing
proceedings which do not require a any nuclear power plants shall be
process. Thorough technical safety reviews of
‘‘mandatory hearing,’’ which includes issued only after action of the license applications by the NRC staff and the
most materials licensing proceedings Commission itself.’’ (See October 10, Advisory Committee on Reactor Safeguards,
(with the notable exception of the 1979; 44 FR 58559.) Soon thereafter, on the availability of public hearings on license
licensing of a uranium enrichment November 9, 1979 (44 FR 65049), the applications, and the Commission’s inherent
facility). The statement of consideration NRC issued a Suspension of § 2.764 and supervisory authority form the basis of the
in this document merely states that the Statement of Policy on the Conduct of network of procedural safeguards intended to
rule codifies the Commission’s Indian Adjudicatory Proceedings. As part of implement this commitment to a fair
Point decision. (see January 17, 1975; 40 this final rulemaking, the NRC adopted decision process and public health and
FR 2973 (first column)). Inasmuch as the a new appendix B to part 2 addressing safety. (May 28, 1981; 46 FR 28628 first
column)
Indian Point proceeding involved a the suspension of immediate
utilization facility license, it is likely effectiveness provisions in § 2.764, and The NRC’s commitment remains
that the Commission simply did not providing for both Atomic Safety and unchanged, and the NRC’s safeguards
consider as part of the rulemaking the Licensing Appeal Board review and have been strengthened since that time,
possibility of applying the limitation to Commission review of the presiding for example, by refocusing the
non-production or utilization facility officer’s initial decision. regulatory process to include
proceedings, as opposed to making a On May 28, 1981 (46 FR 28627), the considerations of risk. In addition, the
deliberate decision not to apply the NRC issued a final rule which removed NRC’s rules of practice in part 2 provide
limitation to non-production or the need for the Appeal Board review of several procedural safeguards within the
utilization facility proceedings. a presiding officer’s initial decision, but NRC’s administrative process,
Currently, the NRC believes that with 30 retained a minimum 60-day period for including: (1) A petition for presiding
additional years of hearing experience, Commission review. The final rule was officer reconsideration under § 2.345; (2)
there is no practical, compelling policy- almost immediately amended to exclude a petition for Commission review under
based, or legal reason why the § 2.340(a) from Commission review presiding § 2.341; and (3) a motion for a stay with
limitation should not be extended to officer decisions authorizing fuel load the presiding officer or the Commission
non-production or utilization facility and low-power testing (September 30, under § 2.342.
proceedings. Accordingly, the NRC is 1981; 46 FR 47764). In 2004, the By removing the ‘‘automatic stay’’
revising § 2.340 by adding a new provisions in § 2.764 were transferred provisions in former § 2.340(f) and (g),
paragraph (e), which extends the without substantive change to a new the NRC’s administrative process will be
existing limitation on the presiding § 2.340 as part of the general revision to completed in less time, thereby
officer’s initial decision in contested 10 CFR part 2 (January 14, 2004; 69 FR benefitting all parties from the reduction
proceedings to all other proceedings not 2182). in litigation resources without
covered by paragraphs (a) or (b) of compromising the fairness of the overall
§ 2.340. Although this change is not 9 31 FR 12774 (September 30, 1966). hearing process. Faster completion of
the adjudication will also enable greater time to respond to potentially other licenses that are issued by the
aggrieved parties to more quickly seek adverse situations. Compare 46 FR Director of Nuclear Material Safety and
relief via an appeal to a U.S. Circuit 47764, 47765 (issuance of licenses for Safeguards (NMSS). Typical licenses of
Court of Appeals. The NRC believes that activities involving minimal risk to this type would be materials licenses
Congress intends the Commission to public health and safety, and greater for, inter alia, medical uses, well
conduct fair, but efficient, hearings with time to take corrective action, do not logging, radiography, irradiators, and
respect to licensing, and to remove require Commission involvement). research.
unnecessary hearing procedures which Furthermore, the Commission possesses
16. Section 2.341, Review of Decisions
do not contribute to such a hearing general supervisory authority over the
and Actions of a Presiding Officer
process. This is evidenced by Section NRC staff and may direct the staff to
189 of the AEA, as amended by the keep the Commission appraised of This section addresses requests for
Energy Policy Act of 1992, which licensing status and issues for such review and appeals to the Commission
directs the Commission to issue, ‘‘to the licenses. Accordingly, the NRC from a presiding officer’s decision or
maximum possible extent,’’ a final concludes that there is little regulatory actions in a hearing. In a conforming
decision on issues raised with respect to benefit to be provided by a rule change associated with the revision to
acceptance criteria by the anticipated requiring direct Commission § 52.103(c), paragraph (a)(1) of § 2.341 is
date for initial loading of fuel. The involvement in the issuance of these revised to explicitly prohibit a party
Commission concludes that the changes licenses and that the provisions in from seeking a ‘‘review’’ or an ‘‘appeal’’
to § 2.340 are consistent with applicable § 2.340 providing for such involvement of the Commission’s determination to
law, and will provide tangible benefits should also be removed as part of this allow a period of interim operation
to all parties in NRC adjudications. streamlining of the regulatory process. under § 52.103(c), separate from and in
addition to a request for reconsideration
Immediate Effectiveness of Presiding Issuances of Authorizations, Permits, under § 2.345. Inasmuch as the
Officer’s Initial Decision in Other, Non- Licenses, and § 52.103(g) Findings Commission is acting as the presiding
Production or Utilization Facility Former paragraph (c) of § 2.340 officer in the § 52.103(c) determination,
Proceedings provided that the appropriate staff there can be no further ‘‘appeal’’ to a
As noted previously, the 1981 final Office Director was authorized to issue higher agency decisionmaker. Moreover,
rulemaking provided for an ‘‘automatic certain delineated licenses, including it would be duplicative to afford a
stay’’ to provide for direct Commission license amendments, construction § 2.341 ‘‘review’’ or ‘‘appeal’’ right in
involvement in the issuance of nuclear permits, and construction addition to the opportunity to seek
power plant licenses. Since that time, authorizations, within 10 days from the reconsideration under § 2.345.
the NRC has extended the ‘‘automatic date of issuance of an initial decision. Inasmuch as this revision is to the
stay’’ provisions in § 2.340 to other The former language could be NRC’s rules of procedure and practice,
licensing contexts, such as independent erroneously read as requiring the the NRC may adopt it in final form
spent fuel storage facilities (ISFSIs) at Director to issue a license following an without further notice and comment,
sites away from nuclear power reactors, initial decision on a contested matter, under the rulemaking provisions of the
monitored retrievable storage (MRO) even if other issues not contested had APA, 5 U.S.C. 553(b)(A).
licenses, and provided for a parallel yet to be resolved by the NRC staff. In
17. Section 2.347, Ex Parte
provision in 10 CFR part 61 for low- addition, paragraph (c) did not address
Communications
level waste (LLW) facilities, see 10 CFR the issuance of a finding under
2.1211. The NRC did not explain the § 52.103(g). To resolve these concerns, Section 2.347, which sets forth the
basis for requiring direct Commission new paragraphs (i), (j), and (k) are added NRC’s requirements governing ex parte
involvement in the issuance of a part 61 to § 2.340. In general, each paragraph communications with the Commission
LLW license (see 47 FR 57446; authorizes the appropriate staff Office and its adjudicatory employees, is
December 27, 1982), although one could Director to issue the delineated license, revised in this final rule to address
surmise from the timing of the permit, authorization or finding within several problems with the current rule.
rulemaking that the factors underlying 10 days from the issuance of an initial First, § 2.347 is revised to make clear
the 1981 rulemakings also were the decision, if all other safety and that ex parte communication
basis for the 1982 rulemaking’s environmental findings necessary for restrictions are not applicable in
provision providing for direct issuance of the license, permit, uncontested proceedings. The APA
Commission involvement in part 61 authorization or finding have been requirements in 5 U.S.C. 557(d)(1)
license issuances. The NRC’s original made, notwithstanding the pendency of governing ex parte communications
intent in requiring direct Commission various petitions or motions for apply only to communications ‘‘relevant
involvement in the issuance of specific reconsideration, review or stay before to the merits of the proceeding * * *,’’
ISFSI licenses and a MRS license was the presiding officer or the Commission. which are made to and from ‘‘interested
the lack of regulatory experience (see, Paragraph (i) authorizes the Director persons outside the agency.’’ In an
e.g., 60 FR 20879 and 20883; April 28, of Nuclear Reactor Regulation (NRR) or uncontested proceeding, there are no
1995), and, therefore, is somewhat the Director of the Office of New ‘‘interested persons outside the agency,’’
different from the motivating factors for Reactors (NRO), as appropriate, to issue in the sense that there are no persons for
the 1981 rulemakings. In any event, the nuclear power plant licenses, including which a hearing has been requested or
NRC now has had the benefit of amendments, permits and intervention in a hearing has been
experience in licensing a specific ISFSI, authorizations, within 10 days of the granted. Hence, ex parte communication
as well as several specific ISFSIs located initial decision. Paragraph (j) authorizes restrictions do not apply. Moreover, as
at reactor sites. Thus, the NRC has come the Commission or the appropriate staff the NRC has stated in the 2004
to a recognition that the safety, security Office Director to make the finding rulemaking revising 10 CFR part 2,
and regulatory issues associated with under 10 CFR 52.103(g) that the Section 189 of the AEA does not require
these licenses are of less complexity acceptance criteria in a combined NRC hearings under that section to be
than those associated with nuclear license have been met. Finally, ‘‘on the record.’’ See 69 FR 2183–2185,
power plants, and that the NRC has paragraph (k) addresses the issuance of 2192–2193 (January 14, 2004).
Accordingly, § 2.347 is revised to 18. Section 2.348, Separation of matter following Commission approval
explicitly provide that ex parte Functions under § 2.340(a). As with the change in
restrictions do not apply to uncontested This section sets forth the NRC’s § 2.347 with respect to ex parte
proceedings. requirements governing separation of restrictions, this change in § 2.348 does
Second, § 2.347 is revised to exclude functions of the Commission and its not depart from the NRC’s current
undisputed (i.e., uncontested) issues in adjudicatory employees when acting in practice of applying separation of
contested proceedings from the function restrictions to ‘‘sua sponte’’
their adjudicatory capacity. The rule
application of ex parte restrictions. It matters under § 2.340(a). The NRC
prohibits an NRC officer or employee
makes little sense to require the believes that it is more accurate to
engaged in the performance of
Commission to inform parties to the explicitly state that sua sponte matters
investigative or litigation function in
proceeding of the Commission’s under § 2.340(a) are subject to
that proceeding from participating in or
communications with the applicant or separation of functions restrictions,
advising the Commission and its
licensee on matters for which those rather than characterizing such matters
adjudicatory employees about ‘‘any
parties have not been admitted (and as ‘‘disputed issues.’’
disputed issue in that proceeding
may have no interest in litigating). In Inasmuch as these § 2.348 revisions
* * *,’’ with certain delineated
addition, the NRC believes that are to the NRC’s rules of procedure and
uncontested matters are not, for exceptions (10 CFR 2.348(a)). practice, the NRC may adopt them in
The NRC believes that there are two
purposes of applying the ex parte final form without further notice and
problems with the current language.
limitations in Section 557(d)(1) of the comment under the rulemaking
First, the rule does not explicitly state
APA, either ‘‘a fact in issue’’ or a matter provisions of the APA, 5 U.S.C.
that in an uncontested proceeding,
which is ‘‘relevant to the merits of the 553(b)(A).
separation of functions does not apply.
[contested] proceeding.’’ The NRC also
More importantly, the rule applies 19. Section 2.390, Public Inspections,
believes, as stated above, that the ex
separation of functions in circumstances Exemptions, Requests for Withholding
parte limitations in Section 557(d) of
the APA do not apply to NRC where it is not required by Section Section 2.390 governs the availability
proceedings, and therefore the 554(d), viz., determinations involving of NRC records and documents
application of ex parte restrictions in initial licenses (5 U.S.C. 554(d)(2)(A) of regarding a license, permit or order, and
NRC proceedings is a matter of the APA). The NRC recognizes that implements the Freedom of Information
discretion on the part of the NRC. The public confidence considerations may Act (FOIA). This section is revised to
NRC believes that it is appropriate to favor compliance with separation of make clear that its provisions also
exclude undisputed issues from the functions restrictions in contested applies to NRC records and documents
application of ex parte limitations in initial licensing proceedings. However, regarding standard design approvals
contested proceedings, inasmuch as there is little apparent value in applying under part 52.
there appears to be little, if any, public separation of functions to the NRC’s
resolution of uncontested (i.e., 20. Subpart D—Additional Procedures
confidence benefit from extending ex Applicable to Proceedings for the
parte limitations to ‘‘undisputed ‘‘undisputed’’) issues in contested
proceedings. The NRC also notes that Issuance of Licenses To Construct and/
issues,’’ i.e., matters which have not or Operate for Nuclear Power Plants of
been raised by any party in the (as in the case of the APA restrictions
on ex parte communications) the APA Identical Design at Multiple Sites
proceeding.
Finally, § 2.347 is also revised to separation of functions requirements Formerly, subpart D of part 2 set forth
make clear that ex parte restrictions apply only to adjudications which are the Commission’s administrative and
apply to matters which are the subject required to be ‘‘on the record.’’ As hearing procedures for proceedings for
of a presiding officer referral to the discussed above, NRC licensing issuance of construction permits and
Commission under § 2.340(a), and the proceedings are not required by the operating licenses under part 52 for
presiding officer’s examination of that AEA or any other statute to be on the nuclear power plants of ‘‘duplicate’’
matter following Commission approval record. Thus, there is no legal design at multiple sites. The
under § 2.340(a) (referred to as ‘‘sua requirement to apply separation of requirements governing the content of
sponte’’ issues at 53 FR 10361; March functions in initial licensing such applications and the technical
31, 1988). The application of ex parte proceedings. Although the NRC could consideration of such applications are
restrictions to § 2.340(a) ‘‘sua sponte’’ voluntarily, as a matter of discretion, set forth in 10 CFR part 50, appendix N,
matters does not represent a change in apply separation of functions in which was ‘‘transferred’’ to part 52 as
NRC practice, cf., 53 FR 10360, 10361 circumstances where it is not required part of the 1989 part 52 rulemaking.
(first and second column) (March 31, by law, such a course of action seems However, the 1989 rulemaking did not
1988). Nonetheless, upon further unjustified in view of the lack of a clear remove appendix N from part 50, nor
reflection the NRC believes it is public confidence benefit—which is the did the NRC make conforming changes
inaccurate to treat § 2.340(a) ‘‘sua primary objective of separation of to appendix N in part 52 to make its
sponte’’ matters as a ‘‘disputed issue’’ functions restrictions. For these reasons, provisions applicable to combined
for purposes of applying § 2.347. the final part 52 rule revises § 2.348 to licenses under subpart C of part 52. As
Accordingly, the NRC is revising § 2.347 make explicit that separation of discussed elsewhere, in the March 2006
to explicitly state that consideration of functions requirements do not apply to proposed rule the NRC proposed
§ 2.340(a) ‘‘sua sponte’’ matters are to be either uncontested proceedings, or to an deleting appendix N in part 52, and
subject to ex parte restrictions. undisputed issue in contested initial retaining these provisions in part 50.
Inasmuch as these § 2.347 revisions licensing proceedings. Although no comment was received on
are to the NRC’s rules of procedure and Section 2.348 is also revised to make this proposal, the NRC has decided to
practice, the NRC may adopt them in clear that separation of functions withdraw its proposal to delete
final form without further notice and applies to matters which are the subject appendix N in part 52. Instead, the NRC
comment under the rulemaking of a presiding officer referral to the is revising appendix N in part 52 to
provisions of the APA, 5 U.S.C. Commission under § 2.340(a), and the apply only to proceedings for combined
553(b)(A). presiding officer’s examination of that licenses under subpart C of part 52
(appendix N in part 50 will continue to appendix N of part 50 applies to processes (with the exception of
address proceedings for construction construction permits and operating standard design certifications, which are
permits and operating licenses under licenses, whereas appendix N of part 52 addressed in subpart H of part 2).
that part). applies to combined licenses under
To reflect the expanded scope of 31. Sections 2.502, 2.503, and 2.504
subpart C of part 52.
appendix N of part 52 and to ensure that The text of these sections is removed,
all of the NRC’s regulations use 25. Section 2.404, Hearings on
and their places are reserved in the final
consistent terminology, the NRC is Applications for Operating Licenses
rule, because the matters addressed in
revising subpart D of part 2 as part of Pursuant to Appendix N of 10 CFR Part
these sections, regarding finality and the
this final rulemaking. Inasmuch as the 50
referencing of a manufactured reactor in
changes to the provisions in subpart D This section is revised to make a combined license, are addressed with
constitute revisions to the NRC’s rules clarifying changes by adding references greater specificity in the revisions to
of procedure and practice, the NRC may to a presiding officer, correctly referring subpart F of part 52.
adopt them in final form without further to the Chief Administrative Judge, and
notice and comment, under the removing a reference to the atomic 32. Subpart F, Additional Procedures
rulemaking provisions of the APA, 5 safety and licensing board. No Applicable to Early Partial Decisions on
U.S.C. 553(b)(A). substantive changes are intended by this Site Suitability Issues in Connection
revision. with an Application for a Construction
21. Section 2.400, Scope of Subpart Permit or Combined License for Certain
This section is revised to refer to both 26. Section 2.405, Initial Decisions in Utilization Facilities
appendix N of both part 50 and part 52, Consolidated Hearings
Subpart F provides special procedures
in order to reflect the Commission’s This section is revised by requiring for the acceptance, docketing,
determination that the appendix should the presiding officer to issue a separate administrative consideration, the
be retained in both parts, and that the partial initial decision on the common conduct of hearings, and the presiding
procedures in the appendices (both of design. Section 2.405 is also revised by officer’s issuance of a partial initial
which refer to this subpart) should clarifying that the presiding officer may, decision in licensing proceedings where
apply to applications for construction if otherwise determined under the there is early submittal of site suitability
permits, operating reactors, and consolidation provisions of § 2.317(b), information in connection with an
combined licenses of identical design. issue a consolidated decision for those application for a construction permit or
In addition, § 2.400 is revised to use the proceedings. No other substantive operating license, as described in
term ‘‘identical design,’’ instead of the changes are intended by this revision. § 2.101(a–1). As discussed earlier, the
former ‘‘essentially the same design,’’ so NRC has revised § 2.101(a–1) to allow
27. Section 2.406, Finality of Decisions
that subpart D and appendix N of part applicants for combined licenses under
on Separate Issues
50 and part 52 use identical part 52, as well as applicants for
terminology. This section is revised to refer to both
construction permits under part 50, to
appendix N of both part 50 and part 52.
22. Section 2.401, Notice of Hearing on submit their applications in two parts,
No other substantive changes are
Construction Permit or Combined and to allow for early consideration and
intended by this revision.
License Applications Pursuant to presiding officer’s partial initial
Appendix N of 10 CFR Parts 50 or 52 28. Section 2.407, Applicability of Other decision on those site suitability matters
Sections for which the applicant seeks early
Paragraph (a) of § 2.401 is revised to
This section is revised to correctly resolution in accordance with subpart F
indicate that notices of hearing will be
reference subparts C, L, and N of part 2. of part 2.
published for both construction permits
under part 50 and combined licenses No other substantive changes are The NRC has reorganized subpart F in
under part 52. Notices of the issuance of intended by this revision. an attempt to improve its usability (the
operating licenses is addressed, as was reorganization is reflected in the
29. Section 2.500, Scope of Subpart provisions of § 2.600, Scope of subpart).
the case under the former provisions of
subpart D, in § 2.403. No other This section is revised by adding a Requirements applicable to partial
substantive changes are intended by this conforming reference to subpart F of decisions in construction permit
revision. Paragraph (b) remains part 52 on manufacturing licenses. proceedings continue to be addressed in
unchanged. §§ 2.602 through 2.606; a new
30. Section 2.501, Notice of Hearing on subheading is added before § 2.602 to
23. Section 2.402, Separate Hearings on Application Under Subpart F of Part 52 reflect the subject matter of these
Separate Issues; Consolidation of for a License To Manufacture Nuclear sections. The new requirements
Proceedings Power Reactors applicable to partial decisions in
Both paragraphs of this section are This section is revised by adding a combined license proceedings are in
revised to refer to applications under conforming reference to subpart F of §§ 2.621 through 2.629; a new
part 50 and part 52. No other part 52 on manufacturing licenses. In subheading is also added before § 2.621
substantive changes are intended by this addition, paragraph (b) of this section is to reflect the subject matter covered by
revision. revised by removing the detailed these sections. Section 2.629, which has
requirements governing the content of no analogous provisions in §§ 2.602
24. Section 2.403, Notice of Proposed the notice of hearing published in the through 2.606, is added by the NRC to
Action on Applications for Operating Federal Register, and instead ensure that the finality of a presiding
Licenses Pursuant to Appendix N of 10 referencing proposed § 2.104(f). As officer’s partial initial decision in a
CFR Part 50 previously discussed, the Commission combined license proceeding is clearly
This section is revised to refer to is consolidating in § 2.104 the addressed using regulatory language
operating licenses issued under part 50, requirements governing the content of a similar to that used in the finality
rather than part 52. This reflects the notice of hearing with respect to part 52 provisions in part 52, e.g., §§ 52.39,
Commission’s determination that licensing and regulatory approval 52.63, 52.98.
Section 2.601 is revised to correctly interest). The title of § 2.800 is revised certification applicant to consult with
list subparts A, C, G, L, and N of part to reflect the additional function of this the NRC staff on substantive technical
2 as subparts which are either section. New §§ 2.811 through 2.819 are and regulatory matters relevant to the
applicable to or may be utilized in added to address initial applications for design certification; the prohibitions in
proceedings under subpart F. design certification as well as § 2.802(a)(2) do not apply to these
applications for amendments to existing consultations.
33. Section 2.800, Scope and
design certifications filed by the original
Applicability 36. Section 2.813, Written
applicant (or successors in interest), and
Subpart B of part 52 sets out the are based upon §§ 2.101, 2.107, and Communications
requirements applicable to Commission 2.109. Petitions for amendment of New § 2.813 contains procedural and
issuance of regulations granting existing design certification, which are ‘‘housekeeping’’ requirements governing
standard design certification for nuclear filed by third parties other than the written communications with the NRC,
power facilities. Standard design original applicant for that design and are derived from analogous
certifications are approved through a certification (or successor in interest), requirements located in several different
rulemaking proceeding, and, in concept, will be treated as an amending petition regulations in part 50. Section 2.813(a)
the applicant for a design certification for rulemaking under the provisions of is analogous to § 50.4(a). Section
may be considered as a petitioner for §§ 2.801 through 2.810. 2.813(b) is analogous to § 50.4(c), and
rulemaking. However, subpart H of part sets forth the requirement that written
2, which sets forth the Commission’s 34. Section 2.801, Initiation of
copies be submitted in permanent form
procedures governing rulemaking, Rulemaking
on unglazed paper. Section 2.813(c) is
including petitions for rulemaking, did In a conforming change, § 2.801 is analogous to § 50.4(d), and expresses the
not specifically address design revised to refer to applications for Commission’s preference that the upper
certification. Furthermore, based upon standard design certification right corner of the first page of the
the Commission’s experience with three rulemaking. applicant’s submission set forth the
final design certification rules and a specific regulation or other basis which
35. Section 2.811, Filing of Standard
proposed design certification rule, it is instigated the written communication.
Design Certification Application;
clear that some of the procedural
Required Copies 37. Section 2.815, Docketing and
requirements applicable to petitions for
rulemaking are not well-suited to the New § 2.811 clarifies the requirements Acceptance Review
administrative process for determining a that are related to the filing of New § 2.815 is analogous to
design certification application, e.g., the applications for standard design § 2.101(a)(2), and permits the NRC to
existing prohibition against pre- certifications. The requirements in this conduct a review to determine whether
application consultation with the NRC. section are derived from procedural the application is complete (i.e.,
These consultations between potential requirements for license applications addresses all matters specifically
license applicants and the NRC staff are located in several different regulations required by NRC regulation to be
not currently prohibited and indeed are in part 50. Section 2.811(a), which is addressed in an application) and
encouraged by the Commission to analogous to § 50.4(a), identifies the acceptable for docketing. Section
enhance NRC resource planning and to NRC addresses where an application for 2.815(a) provides that the NRC may
facilitate early identification and a standard design certification must be determine, in its discretion, the
resolution of technical and regulatory filed, and provides the requirements for acceptability for docketing of an
issues. An application for design electronic submission of a design application based on the technical
certification is more like a license certification application. Section adequacy of the application, not just on
application than a traditional petition 2.811(b), which is analogous to the completeness of the application.
for rulemaking, and the current § 50.30(a)(1) and (3), provides that a
prohibition against pre-application standard design certification application 38. Section 2.817, Withdrawal of
consulting appears to be inconsistent must meet the written communications Application
with the Commission’s strategic requirements in § 2.813. Section New § 2.817 is analogous to § 2.107,
objectives of safety, effectiveness, and 2.811(c), which is analogous to and addresses the procedures that the
management excellence. The § 50.30(a)(2), requires the applicant to NRC will follow if a design certification
Commission also believes, based upon have the capability to make and supply applicant withdraws its application.
its experience, that administrative additional copies of the application Section 2.817 also provides for a notice
provisions ordinarily applied in the upon NRC request. Section 2.811(d), of action on the withdrawal on the NRC
context of licensing (e.g., docketing and which is analogous to the requirement Web site if the notice of application was
acceptance review, denial of application in § 50.30(a)(4), requires the applicant to published on the NRC Web site.
for failure to supply information), make a copy of the updated application
should also be available for application for use by any party in a hearing 39. Section 2.819, Denial of Application
as appropriate in its determination of conducted under subpart O of part 2 (a for Failure To Supply Information
design certification applications. legislative-style hearing). Section New § 2.819 is analogous to § 2.108,
For these reasons, the Commission is 2.811(e), which addresses pre- and states in paragraph (a) that the NRC
revising subpart H of part 2 to address application consultation with the NRC may deny an application for a standard
standard design certifications. Section staff, provides that the potential design certification if the applicant fails
2.800 is revised to delineate which applicant for a design certification may to respond to an NRC request for
provisions of subpart H are applicable to consult with the NRC on the subject additional information concerning its
all petitions for rulemaking, and which matters listed in § 2.802(a)(1)(i) through application within 30 days of the
provisions are applicable only to initial (iii), including the procedure and request. Section 2.819(b) provides that
applications for design certification and process for filing and processing an the NRC will publish in the Federal
applications for amendments to existing application for a design certification. Register a document denying the
design certification rules filed by the However, § 2.811(e) also allows the application. Section 2.819(b) also states
original applicant (or successors in prospective standard design that the NRC will publish a notice on
the NRC’s Web site denying the determining eligibility for granting CFR parts 30 through 36, 39, 40, 60, 61,
application if the NRC previously access to Restricted Data and National 63, 70 or 72 (including persons licensed
published a notice of receipt of the Security Information, did not reflect the to operate a production or utilization
application on the NRC Web site. licensing and approval processes in part facility under part 50). Thus, the former
52. Accordingly, the Commission made regulations did not appear to address
40. Section 2.1202, Authority and Role two changes to ensure that there are discrimination against an employee
of NRC Staff defined criteria and procedures during ‘‘non-operational’’ activities such
Paragraph (a) of § 2.1202 governing requests for access to as manufacturing or construction of a
acknowledges and confirms the Restricted Data and National Security nuclear power plant. Because the NRC’s
authority of the NRC staff to take Information by individuals with respect regulatory scheme relies upon the
regulatory (including licensing) action to a license or approval under part 52. proper design, manufacture, siting, and/
during the pendency of a hearing, with Section 10.1 is revised by adding a or construction of a production or
several delineated exceptions in new paragraph (a)(3), which refers to the utilization facility; discrimination
numbered paragraphs (a)(1) through (5). eligibility of individuals for against an employee at any of these
Most of these exceptions are mandated employment with NRC licensees and stages could have significant adverse
by Section 189.a.(1)(A) of the AEA, applicants, and holders of standard public health and safety or common
which requires that the NRC hold a design approvals under part 52. Section defense and security implications and
‘‘mandatory hearing,’’ after 30 days 10.2(b) is revised so that it refers to effects. One would therefore expect that
notice and publication once in the standard design approvals under part 52 part 19 would apply to such non-
Federal Register, on any application for and applicants for consultants. This operational activities. Finally, part 19
a construction permit for a facility to be change will address the provision of applied only to a ‘‘licensee’’ and
licensed under Section 103 or 104b. services associated with design activities authorized by a ‘‘license’’ (see,
Paragraph (a)(1) is revised by adding approvals, who may not, per se, be e.g., §§ 19.1, 19.2, 19.11, 19.20, 19.32),
specific references to applications for ‘‘employees.’’ and did not extend to part 52’s non-
limited work authorizations and H. Changes to 10 CFR Part 19 licensing regulatory approvals, i.e.,
combined licenses under 10 CFR part standard design approvals and standard
52. A limited work authorization is Part 19, entitled Notices, Instructions
design certifications. Inasmuch as these
considered to be a partial construction and Reports to Workers: Inspection and
non-licensing activities regulated under
permit, and a combined license under Investigations, establishes the NRC’s
part 52 are not different in kind from the
part 52 includes a construction permit. requirements for notices, instructions
licensing which are currently subject to
Therefore, they are both subject to the and reports to persons participating in
part 19 requirements, the NRC
strictures of Section 189.a.(1)(A). NRC licensed and other regulated
activities. For example, it requires concludes that they should also be
Paragraphs (2), (3), and (4) are subject to the requirements in part 19.
redesignated as paragraphs (4), (5), and licensees and applicants for licenses to
post a copy of, inter alia, the regulations Accordingly, the NRC is amending
(6), and a new paragraph (2) is added for various provisions in part 19 to ensure
early site permits applications. An early in 10 CFR parts 19 and 20, and NRC
Form 3. NRC Form 3 provides a that its provisions extend to applicants
site permit is considered to be a partial for and holders of part 50 construction
statement of rights and responsibilities
construction permit, and therefore is permits, and combined licenses, early
to employees with respect to NRC
also subject to Section 189.a(1)(A). A site permits and manufacturing licenses
requirements. Part 19 also establishes
new paragraph (3) is added for under part 52. In addition, the NRC
the rights and responsibilities of the
manufacturing licenses, as a matter of extends part 19 to cover applicants for
NRC and individuals during interviews
NRC discretion. The Section and holders of standard design
compelled by subpoena as part of a NRC
189.a.(1)(A) requirement for a approvals and standard design
inspection or investigation under
mandatory hearing applies only to certifications. The NRC believes that its
Section 161.c of the AEA. Finally, part
construction permits; a manufacturing regulatory authority under Section 211
19 prohibits, on the grounds of sex, the
license is not a construction permit. exclusion from participation in, or being and Section 401 of the 1974 ERA is
Hence, the remaining provisions of subjected to discrimination under any much broader than the former scope of
Section 189.a.(1)(A), including the program or activity licensed by the NRC. part 19. The anti-discrimination
NRC’s authority to issue an operating The regulatory authority for part 19 proscriptions in Section 211 of the ERA
license or amendment to a construction stems from Sections 211 and 401 of the apply to any ‘‘employer,’’ which the
permit without a hearing but only upon Energy Reorganization Act of 1974, as NRC regards as including non-licensee
30 days notice and publication once in amended (1974 ERA). entities otherwise regulated by the NRC,
the Federal Register of the NRC’s intent The NRC has identified a number of such as applicants for and holders of
to do so, are inapposite and do not weaknesses with the former regulatory standard design approvals, and
constrain the NRC’s authority to issue language in part 19. Formerly, part 19’s applicants for standard design
manufacturing licenses despite a regulatory requirements and certifications. The Commission believes
pending hearing. Nonetheless, as a proscriptions applied only to licensees that the use of the term, ‘‘includes,’’ in
matter of discretion, the NRC has who receive, possess, use or transfer paragraph (a)(2) of Section 211 of the
decided to treat manufacturing licenses material licensed under the NRC’s 1974 ERA was not intended to be an
similar to construction permits in this regulations, including persons licensed exclusive list of the persons and entities
regard, although the NRC reserves the to operate a production or utilization subject to the anti-discrimination
right to change its practice in the future. facility under 10 CFR part 50, but did provisions in that section. The House
G. Changes to 10 CFR Part 10 not cover holders of 10 CFR part 52 Report on H.R. 776, which was adopted
licenses such as combined licenses, by Congress as the Energy Policy Act of

1. Section 10.1, Purpose; and § 10.2, early site permits, and manufacturing 1992, states:
Scope licenses. Moreover, part 19 applied only [Title V] also broadens the coverage of
Part 10, which contains the NRC’s to licensees who receive, possess, use or existing whistle blower protection provisions
requirements and procedures for transfer materials licensed under 10 to include * * * any other employer engaged
in any activity under the Energy 52 (standard design approvals and requirements that relate both to design
Reorganization Act of the Atomic Energy Act design certifications) to request and operation of a facility and therefore
of 1954. (H. Rep. No. 102–474, part 8, 102d exemptions from part 19. The applies in whole or in part to design
Congress, 2d Sess., at 78–79 (1992) (emphasis
broadened scope of persons that will be approvals, design certifications,
added))
allowed to request an exemption is manufacturing licenses, and combined
There was no discussion of the consistent with most of the exemption licenses. The final rule divides
statutory language in the conference provisions throughout the NRC’s § 20.1406 into two paragraphs.
report. (H.R. Conf. Rep. No. 102–1018, regulations in Title 10 of the CFR, Paragraph (a) addresses applicants for
102d Cong., 2d Sess. (1992)). The including the specific exemption licenses, other than early site permits
provisions in Section 401 of the ERA, provision in part 50 (i.e., § 50.12). and manufacturing licenses, and
prohibiting sex discrimination apply to Section 19.32 is revised to more contains all of the requirements in
‘‘any program or activity carried on closely track the broad scope of former § 20.1406. Paragraph (b)
* * * under any title of this Act.’’ statutory language in Section 401 of the addresses applicants for standard design
Accordingly, the NRC concludes that it 1974 ERA, which is not limited to certifications, standard design
has the authority to extend the former licensing, but extends the sex approvals, and manufacturing licenses
scope of part 19 to address the non- discrimination prohibition to ‘‘any and only contains the requirements
licensing regulatory approvals in part * * * activity carried on * * * under related to design. If a combined license
52. any title’’ of the ERA. By using the applicant references a design approval,
To implement the NRC’s broadening design certification, or a reactor
statutory language in the proposed rule,
of the scope of part 19, §§ 19.1 and 19.2 manufactured under a manufacturing
the NRC believes that the regulations
are revised to explicitly refer to: (1) license that has addressed the design
cover not only the existing non-license
applicants for and holders of licenses portion of this requirement under
regulatory vehicles in part 52, but any
and permits under part 52; (2) paragraph (b), then it would only need
other regulatory approaches that the
applicants for and holders of final to address the remaining ‘‘operational’’
NRC may adopt in the future (Section
design approvals; and (3) applicants for requirements under paragraph (a).
401 of the 1974 ERA applies to NRC
standard design certifications. The NRC
regulatory activities under the AEA, 4. Section 20.2203, Reports of
notes that the existing provision in
inasmuch as the 1974 ERA transferred Exposures, Radiation Levels, and
§ 19.2 excluding part 19 from applying
to NRC employees and NRC contractors the AEA regulatory authority from the Concentrations of Radioactive Material
remains unchanged in the final rule. To old AEC to the NRC, see 1974 ERA, Sec. Exceeding the Constraints or Limits
provide a convenient term for referring 104(c)).
Sections 20.2203(c) and (d) are
to persons and entities applying for, or I. Changes to 10 CFR Part 20 revised to add a reference to holders of
granting non-licensed regulatory combined licenses to the procedures on
approvals in part 52, as well as any 1. Section 20.1002, Scope
submitting reports.
future regulatory processes, the NRC is 10 CFR part 20 applies to persons
amending § 19.3 to the terms, regulated licensed by the NRC to receive, possess, J. Changes to 10 CFR Part 21
activities, and regulated entities. use, transfer, or dispose of byproduct, Part 21 implements the reporting
Regulated entities are defined to include source, or special nuclear material or to requirements in Section 206 of the ERA.
(but not be limited to) applicants for and operate a production or utilization The proposed part 52 rule published in
holders of standard design approvals facility. Accordingly, § 20.1002 is 2003 set forth the NRC’s proposals as to
under subpart E of part 52, and revised by adding a conforming how Section 206 reporting and,
applicants for standard design reference to part 52, which sets forth a therefore, part 21 applicability should
certifications under subpart B of part 52. process for licensing a utilization be extended to early site permits,
Section 19.11 establishes facility. standard design certifications, and
requirements for posting of notices to combined licenses. However, the 2003
2. Section 20.1401, General Provisions
workers. Because §§ 19.11(a)(2) and proposed rule did not address Section
and Scope
(a)(4) contain posting requirements 206 reporting requirements with respect
which are not relevant to early site This section on decommissioning of to standard design approvals or
permits, manufacturing licenses, facilities is revised to add a conforming manufacturing licenses. Moreover, the
standard design approvals, and standard reference to facilities licensed under 10 proposals were developed without the
design certifications, the NRC CFR part 52. benefit of the NRC’s in-depth
delineated in § 19.11(b) the applicable 3. Section 20.1406, Minimization of consideration of the issues as applied in
posting requirements for those Contamination the context of the early site permit
regulatory processes. Section 19.11(c) is applications that are currently before
reserved for future Commission use. Section 20.1406 requires applicants the NRC. Accordingly, NRC withdrew
Sections 19.14 and 19.20 are revised for licenses, other than renewals, after its earlier proposal and developed a
to apply to regulated entities, as well as August 20, 1997, to describe in the more complete and integrated rule on
licensees. application how facility design and Section 206 reporting under part 21 and
Section 19.31, governing exemptions procedures for operation will minimize, § 50.55(e). As discussed previously,
from part 19, is revised to use language to the extent practicable, contamination § 50.55(e) sets forth the Section 206
consistent with § 50.12 and § 52.7. of the facility and the environment, reporting requirements applicable to
Unlike the former regulation, which facilitate eventual decommissioning, holders of construction permits,
limits a request for exemption to a and minimize, to the extent practicable, combined licenses, and manufacturing
‘‘licensee,’’ the final rule allows the generation of radioactive waste. The licenses.
‘‘interested persons,’’ as well as NRC is adding conforming changes to

licensees to request an exemption from § 20.1406 in the final rule. These Key Principles of Reporting Under
one or more provisions of part 19. This conforming changes to address part 52 Section 206 of the ERA
will allow applicants for and holders of were inadvertently overlooked in the The NRC believes that the extension
non-license regulatory vehicles in part proposed rule. Section 20.1406 contains of NRC’s reporting requirements
implementing Section 206 of the ERA to certification, it follows that a safety holder and its contractors, as applicable,
part 52 licensing and approval processes issue with respect to the referenced to comply with the above described
should be consistent with three key license, design approval, or design reporting requirements of Section 206,
principles. First, NRC regulatory certification has safety implications for as implemented by 10 CFR 50.55(e) and
requirements implementing Section 206 the referencing license or design part 21.
of the ERA should be a legal obligation certification, and the continuing validity The NRC believes that the end of
throughout the entire ‘‘regulatory life’’ of the NRC’s licensing decision. Thus, regulatory life occurs at the later of: (1)
of an NRC license, a standard design the NRC concludes that the need for The termination or expiration of the
approval, or standard design Section 206 reporting should not be referenced license, standard design
certification. Second, reporting of limited to those licenses and approvals approval, or standard design
defects or failures to comply associated under part 52 which are referenced or certification; or (2) the termination or
with substantial safety hazards should ‘‘relied upon’’ in a subsequent nuclear expiration of the last of the license or
occur whenever the information on power plant licensing application (viz., design certification directly or indirectly
potential defects would be most early site permits, standard design referencing the (referenced) license,
effective in ensuring the integrity and approvals, standard design design approval, or design certification.
adequacy of the NRC’s regulatory certifications, and manufacturing For example, if the NRC approves a
activities under part 52 and the licenses), but rather should extend to standard design approval, which is
activities of entities 10 subject to the part licenses and approvals that are capable subsequently referenced in a final
52 regulatory regime. Third, each entity of being referenced in a future licensing standard design certification rule, and
conducting activities within the scope application. In other words, they must that standard design certification is, in
of part 52 should develop and extend until there can be no further turn referenced in a combined license
implement procedures and practices to potential safety implications for a issued by the NRC, the ‘‘end’’ of the
ensure that it fulfills its Section 206 of referencing license or approval. regulatory life occurs when the
the ERA reporting obligation in an authorization to operate under the
The NRC believes that the beginning
accurate and timely manner. combined license is terminated
of the ‘‘regulatory life’’ of a referenced
(ordinarily, under the provisions of
First Principle—Section 206 of the ERA license, standard design approval, or
§ 52.110). As long as a referenced
Applies Throughout ‘‘Regulatory Life’’ standard design certification under part
combined license continues to be
52 occurs when an application for a effective, the ‘‘regulatory life’’ of a
The first principle, that NRC license, design approval, or design
regulatory requirements implementing referenced license, standard design
certification is docketed. Docketing of approval, standard design certification,
Section 206 must extend throughout the an application marks the start of the
entire ‘‘regulatory life’’ of a part 52 or manufactured reactor (as applicable)
NRC’s formal safety and environmental must also continue and cannot be
process, reflects the regulatory pattern review of the application, and therefore
inherent in part 52, whereby certain deemed to have ended.
the initiation of the NRC’s need for Some commenters argued that the
designated licenses or approvals—e.g., accurate and timely information to
an early site permit, nuclear power NRC’s regulatory interests would be met
support its regulatory review and if reporting under Section 206 of the
reactor manufactured under a approval. However, the NRC cautions
manufacturing license, or a design ERA were limited to the referencing
that this does not mean that an applicant/licensee, and that there
certification—are capable of being applicant is without Section 206
referenced in a subsequent nuclear should be no ongoing part 21 reporting
responsibilities for pre-application obligation imposed on the early site
power plant licensing application. activities. As the NRC staff discussed in permit holder, original applicant for a
Under the part 52 regulatory scheme, a a June 22, 2004, letter to the Nuclear standard design certification, or holder
referenced NRC approval constitutes the Energy Institute (NEI) (ML040430041) in of a part 52 regulatory approval. Under
NRC’s basis for the licensing action the context of an early site permit, there this proposal the referencing applicant
within the scope of the prior are two aspects, namely, a ‘‘backward and licensee would satisfy its obligation
Commission approval, and becomes part looking’’ or retrospective aspect with by an appropriate contractual provision
of the ‘‘licensing basis’’ for that plant. respect to existing information, and a between the referencing applicant/
However, if Section 206 of the ERA ‘‘forward looking’’ or prospective aspect licensee and the entity ‘‘supplying’’ the
reflects that effective NRC decision- with respect to future information. The referenced license or regulatory
making and regulatory oversight require retrospective obligation is that the early approval. Although this could be a
accurate and timely information about site permit holder and its contractors, viable alternative for some combined
defects and failures to comply must report all known defects or failures licenses, early site permits, and
associated with substantial safety to comply in ‘‘basic components,’’ as standard design approvals, the approach
hazards, then Section 206 of the ERA defined in part 21. The prospective would not be effective in the following
should apply whenever necessary to obligation is that the early site permit contexts. This approach would not
support effective NRC decision-making holder and its contractors must report result in reporting of defects to the NRC
and regulatory oversight of the all defects or failures to comply in basic by the applicant of the early site permit
referencing licenses and regulatory components discovered subsequent to or standard design certification, which
approvals. To put it in different terms, early site permit issuance. The early site violates the NRC’s second principle
if the NRC decision that it may safely permit holder and its contractors are (discussed more fully in the next
issue a license depends in part upon an required to meet these requirements, section). In addition, this approach
earlier NRC safety determination for a and must continue to meet them would not result in reporting where
referenced license, standard design throughout the term of the early site there is no contractual relationship
approval, or standard design permit. Accordingly, safety-related between the combined license
10 Throughout this discussion, reference to
design and analysis or consulting applicant/licensee and the original
entities, licensees and/or applicants includes the
services should be procured and applicant of the standard design
contractors and subcontractors of those entitles, controlled, or dedicated, in a manner certification. Because the approach
licensees and/or applicants. sufficient to allow the early site permit suggested by these commenters does not
satisfy the NRC’s regulatory objectives, certification. Allowing an applicant to case of a design certification, the
it is not adopted. delay the reporting of a defect would applicant who submitted the
One of the original applicants for the appear to be inconsistent with the application leading to the final design
current standard design certifications NRC’s statutory mandate to provide certification regulation) must make the
stated that any arguable Section 206 adequate protection to public health and necessary notifications to the NRC as
requirements must logically end upon safety and common defense and well as provide final engineering. The
expiration of the standard design security. Even if delayed reporting notification must address the period
certification, inasmuch as expiration would allow the NRC an opportunity to from the Commission adoption of the
marks the end time that the standard modify its prior safety finding with final design certification regulation up
design certification may be referenced. respect to the license, design approval, to the filing of the application
The NRC disagrees with this position. or design certification, the delayed
Under § 52.55(b) of the current referencing the final design certification
consideration is inconsistent with one regulations. Thereafter, notice must be
regulations, a standard design of the fundamental purposes of part 52,
certification continues to be effective in made in the ordinary manner. The
viz., to provide for early consideration
a hearing for a combined license or notification obligation ends when the
and resolution of issues in a manner
operating license docketed before the that avoids the potential for delay last license referencing the design
expiration date, and in a hearing under during licensing of a facility. certification is terminated.
§ 52.103 for authority to load fuel and Accordingly, the Commission has Third Principle—Procedures and
operate. At minimum, the original determined that the NRC’s requirements Practices Must Be Implemented To
standard design certification applicant implementing Section 206 of the ERA Ensure Accurate and Timely Reporting
should be subject to Section 206 must extend to applicants (and their
requirements until the proceeding is contractors and subcontractors) for all The third principle (viz., each entity
completed. Beyond the minimum part 52 processes (licenses, early site conducting activities under the purview
requirements, the NRC also believes that permits, design approvals, and design of part 52, should develop and
the original design certification certifications). Some commenters stated implement procedures and practices to
applicant’s Section 206 obligations that part 21 should not apply to ensure that the entity accurately and
should continue until operation is no applicants and claimed that the NRC’s timely fulfils its reporting obligation as
longer authorized in accordance with proposal was contrary to the ERA. For
§ 50.82(a)(2) for the last operating delineated in the NRC’s regulations), is
the reasons stated previously, the intended to ensure the effectiveness of
license or combined license referencing Commission does not agree with that
that standard design certification. The each entity’s reporting processes. This is
position. However, once an application especially true where there is a potential
NRC believes that the regulatory need has been granted, the Commission has
for information concerning defects in a for substantial passage of time between
decided that immediate reporting of the discovery of a defect and the
standard design certification continues subsequently-discovered defects is not
throughout the operating life of a license reporting of the defect, as may be
necessary in certain circumstances. For
referencing that design certification; the allowed by the NRC consistent with the
those part 52 processes which do not
relevance of and the NRC’s need for this second principle. For example,
authorize continuing activities required
information, if subsequently discovered to be licensed under the AEA, but are following issuance of a final standard
by the original design certification intended solely to provide early design certification regulation, if the
applicant, does not diminish simply original applicant determines that there
identification and resolution of issues in
because the standard design is a substantial safety hazard, that
subsequent licensing or regulatory
certification may no longer be applicant need not report the discovery
approvals, the reporting of defects or
referenced. until the time that the design
failures to comply associated with
Second Principle—Notification Occurs substantial safety hazards may be certification rule is referenced—which
When Information Is Needed delayed until the time that the part 52 may be as long as 15 years from the date
The second principle is focused on process is first referenced. The of the final rule. Given the substantial
ensuring that the NRC, its licensees, and Commission’s view is based upon its time that may pass between the time of
license applicants receive information determination that a defect with respect discovery and the date of reporting, it is
on defects at the time when the to part 52 processes should not be imperative that the original standard
information would be most useful to the regarded as a ‘‘substantial safety design certification applicant develop
NRC in carrying out its regulatory hazard,’’ because the possibility of a and implement procedures from the
responsibilities under the AEA, and to substantial safety hazard becomes a time of effectiveness of the final design
the licensee or applicant when engaging tangible possibility necessitating NRC certification regulations.
in activities regulated by the NRC. A regulatory interest only when those part
The result of the third principle,
result of this principle is that reporting 52 processes are referenced in an
consistent with part 21’s current
may be delayed if there is no immediate application for a license, such as a
combined license or manufacturing requirements, is that licensees, license
consequence or regulatory interest in applicants, and other entities seeking a
prompt reporting, and that delayed license.
design approval or design certification,
reporting will actually occur when Some commenters believe that these
must have contractual provisions with
necessary to support effective, efficient, reporting requirements should not apply
their contractors, subcontractors,
and timely action by the NRC, its to a holder of an early site permit or a
licensees and applicants. Applying the vendor of a standard design until the consultants, and other suppliers which
second principle and its result to part 52 ESP or standard design is referenced in notify them that they are subject to the
processes, the NRC believes that a COL application. As stated previously, NRC’s regulatory requirements on
immediate reporting is required the Commission agrees that reporting reporting and the development and
throughout the period of pendency of an may be delayed until the approval, implementation of reporting procedures.
application, be it a license, a standard certification, or permit is referenced. This result is set forth in §§ 21.31 and
design approval, or a standard design After referencing, the holder (or in the 50.55(e)(7).
Division of Implementing Requirements and § 50.55(e) reflect the Commission’s the finding under § 52.103(g) are
Between Part 21 and § 50.55(e) determination to retain this divided contained in § 50.55(e). The
regulatory structure. The NRC believes requirements in part 21 apply after the
Under the Commission’s current that the only part 52 processes that Commission makes the finding under
regulatory structure, persons and authorize ‘‘construction’’ or its § 52.103(g) for a combined license. Part
entities engaged in construction (or the functional equivalent are manufacturing 21 was revised to explicitly apply to the
functional equivalent of construction) licenses and combined licenses before remaining part 52 processes, i.e., early
are subject to reporting requirements the Commission makes the finding site permits, standard design approvals,
under § 50.55(e). Persons and entities under § 52.103(g). Therefore, the and standard design certifications. Table
engaged in all other activities within the reporting requirements with respect to A–1 provides a summary of the
purview of Section 206 of the ERA are Section 206 of the ERA for applicability of part 21 and § 50.55(e) to
subject to the requirements in part 21 manufacturing licenses and combined each of the various approvals under part
and/or § 50.55(e). The revised part 21 licenses before the Commission makes 52.
TABLE A–1.—APPLICABILITY OF NRC REQUIREMENTS IMPLEMENTING SECTION 206 OF THE ENERGY REORGANIZATION
ACT TO PART 52 LICENSING AND APPROVAL PROCESSES
Sanctions
Applicable NRC requirement imple-
Part 52 licensing or approval processes menting section 206 of the ERA Civil Criminal
Early Site Permit (ESP)

Application ............................................................................................. part 21 .............................................. 21.61 21.62
Issuance of ESP ................................................................................... part 21 .............................................. 21.61 21.62
Standard Design Approval (SDA)
Issuance of SDA ................................................................................... part 21 .............................................. 21.61 21.62
Standard Design Certification Rule (DCR)
Final DCR Rulemaking ......................................................................... part 21 .............................................. 21.61 21.62
Combined License (COL)
Application ............................................................................................. 50.55(e) ............................................ 50.110 50.111
COL before § 52.103 Authorization ....................................................... 50.55(e) ............................................ 50.110 50.111
COL after § 52.103 Authorization .......................................................... part 21 .............................................. 21.61 21.62
Manufacturing License (ML)
Application ............................................................................................. 50.55(e) ............................................ 50.110 50.111
Issuance of ML ...................................................................................... 50.55(e) ............................................ 50.110 50.111
Reporting Requirements for Early Site by the NRC as part of the application required to support an early site permit
Permits review. Approval of the ESP application application (e.g., geologic or seismic
If the ESP holder becomes aware of a would be subject to approval of the part analyses, etc.) that are safety-related and
significant safety concern with respect 21 program. could be relied upon in the siting,
to its site (e.g., that the specified site Some commenters claimed that there design, and construction of a nuclear
characteristics for seismic acceleration is no practicable method for ESP power plant, are to be treated as basic
is less than the projected acceleration applicants or holders to determine components as defined in part 21.
due to new information), the concern whether an error in siting information Therefore, these services must be either
should be reported to the NRC so that creates a substantial safety hazard and, purchased as basic components,
it may be considered in the review of therefore, part 21 should not be requiring the service provider to have an
any future application referencing the applicable to ESP applicants or holders. appendix B to part 50 QA program, as
ESP. As stated previously, the reporting The Commission does not agree with well as its own part 21 program, or the
may be delayed until the ESP is this position. As stated previously, the early site permit applicant could
referenced. This reporting attains ESP holder and its contractors can dedicate the service in accordance with
special importance given the NRC’s determine defects or failures to comply part 21, which requires the dedication
proposal not to impose an updating with ‘‘basic components,’’ as defined in process itself to be controlled under an
requirement for ESP information other part 21. This information is necessary in appendix B to part 50 QA program.
than that related to emergency order to support effective NRC Reporting Requirements for Standard
preparedness. In order for the applicant decisionmaking and regulatory Design Approvals
for an ESP to have the capability to oversight of the referencing licenses and
report to the NRC any known significant approvals. A standard design approval represents
safety concerns with respect to its site, Applicability of Part 21 to Contractors the NRC staff’s determination regarding
or any safety concerns of which it may or Subcontractors of an ESP Applicant the acceptability of the design for a
subsequently become aware (i.e., to be or Holder nuclear power reactor (or major portions
able to report any defects or failures to thereof). Although a standard design
comply associated with substantial In accordance with 10 CFR 21.31, the approval does not represent the NRC’s
safety hazards under part 21) the ESP purchaser of a basic component must final determination as to the
applicant would have to have a program state in the procurement documents for acceptability of the design, it
in place for implementing the the basic component that part 21 is nonetheless represents a substantial
requirements of 10 CFR part 21. The applicable to that procurement. As expenditure of agency resources in
applicant’s program may be inspected explained previously, services that are reviewing the design. A standard design
approval may be referenced in a facilitating NRC adoption of a final Reporting Requirements for
subsequent application for a design standard design certification regulation Manufacturing Licenses
certification, construction permit, is simply a partial step in the overall Under subpart F of part 52, a
operating license, combined license, or activity of ‘‘supplying’’ the certified manufacturing license would constitute
manufacturing license. Accordingly, design to potential nuclear power plant both the NRC’s approval of a final
consistent with the first principle, the license applicants. Alternatively, one nuclear power reactor design, as well as
final rule imposes requirements could treat the standard design approval to manufacture one or more
implementing Section 206 of the ERA certification applicant as supplying a reactors in accordance with approved
on applicants for and holders of component of an ‘‘activity’’ which is programs and procedures. The
standard design approvals. ‘‘otherwise regulated’’ by the NRC. manufactured reactors would then be
A standard design approval does not Under this interpretation, the ‘‘activity transported offsite and incorporated into
authorize construction of a nuclear * * * otherwise regulated by the NRC’’ nuclear power facilities by holders of
power plant; it merely constitutes the can be viewed as the design certification combined licenses—who may be
NRC staff’s approval of the design of a rulemaking, and/or the entire part 52 different entities than the holder of a
nuclear power reactor (or major portion regulatory regime whereby a design manufacturing license. Given the
thereof). Therefore, the requirements certification rule is referenced in a possibility that the manufacturing
implementing Section 206 of the ERA, subsequent licensing application. The license holder is different from the
which are applicable to standard design NRC concludes that under either combined license holder whose facility
approvals, were placed in part 21, as interpretation, Section 206 of the ERA uses the manufactured reactor, the NRC
opposed to § 50.55(e). provides ample statutory authority for believes that the combined license
Reporting Requirements for Standard the NRC to impose regulations holder must be kept informed of any
Design Certification Regulations implementing Section 206 on design significant issue with design or
certification applicants, during the manufacture of the reactor, to ensure
A standard design certification
pendency of the application before the that they evaluate the significance of
represents the NRC’s approval by
NRC, as well as after NRC adoption of these matters for their facility and
rulemaking of an acceptable nuclear
a final design certification regulation undertake any necessary action to
power reactor design, which may then
(for those applicants whose application assure public health and safety and
be referenced in a subsequent combined
is granted). common defense and security.
license or manufacturing license
application. Consistent with the first As with standard design approvals, a Furthermore, unlike a standard design
principle, the Commission imposed standard design certification does not certification, the financial resources
Section 206 of the ERA reporting authorize construction of a nuclear necessary to obtain a manufacturing
requirements on applicants for design power plant; it constitutes the NRC’s license will, as a practical matter, result
certifications, including applicants approval of the design of a nuclear in manufacturing beginning
whose designs are certified in a final power plant. Therefore, the immediately after issuance of the
design certification rulemaking. As with requirements implementing Section 206 manufacturing license. There will be no
a standard design approval, a design of the ERA which are applicable to interim period similar to a design
certification does not actually authorize design certifications were placed in part certification where there is no activity
construction. Accordingly, the NRC 21, as opposed to § 50.55(e). occurring under the manufacturing
revised §§ 21.2, 21.3, 21.21, 21.51, and license. Accordingly, in compliance
Reporting Requirements for Combined with the first and second principles, the
21.61 to explicitly refer to an applicant Licenses
for a standard design certification, NRC proposes that Section 206 of the
rather than § 50.55(e). A combined license authorizes both ERA requirements should apply
Some commenters have asserted that construction of a nuclear power plant, continuously from the filing of the
because there is no ‘‘holder’’ or licensee, and loading of fuel and operation if the application, until the manufacturing
the NRC is without authority under NRC makes the findings specified in license expires or is otherwise
Section 206 of the ERA to impose part § 52.103. As such, the application of the terminated by the NRC.
21 and/or § 50.55(e) evaluation and first and second principles to combined A manufacturing license holder
reporting requirements on applicants for licenses is the most straightforward of would essentially be conducting the
standard design certification. The NRC all the part 52 processes. Under the final same activities as a construction permit
disagrees with this assertion. The statute rule, the NRC’s requirements holder, albeit with several differences.11
by its terms does not limit its reach to implementing Section 206 of the ERA Nonetheless, the NRC believes that
licensees; rather, the statute applies to would apply throughout the regulatory manufacturing is similar to construction
any individual or responsible officer of life of the combined license, i.e., from such that the NRC’s requirements
a firm ‘‘constructing, owning, operating, docketing of the application until implementing Section 206 of the ERA
or supplying the components of any termination of the combined license. which are applicable to manufacturing
facility or activity which is licensed or To maintain the current division licenses, are contained in § 50.55(e).
otherwise regulated * * *.’’ The NRC between § 50.55(e) and part 21 with 11 These key differences are, first, the design of
believes that an applicant for a standard respect to NRC requirements the manufactured plant would be approved before
design certification, by submitting its implementing Section 206 of the ERA, manufacturing commences, unlike the historical
application, is constructively the NRC revised § 50.55(e) to make its practice with construction permits. Second, a single
‘‘supplying’’ a ‘‘component’’ (the provisions applicable to each holder of manufacturing license may authorize the
manufacture of multiple reactors, with the
nuclear power plant) for use in a future a combined license under part 52 before manufacturing process to be accomplished in a
‘‘facility * * * licensed’’ by the NRC. the effective date of the NRC’s finding controlled setting rather than as a ‘‘field’’ operation.
One of the consequences of the design under § 52.103(g), and to revise part 21 This is unlike the historical approach where non-
certification provisions in part 52 is the to clarify that its provisions apply to standardized nuclear power facilities were
constructed onsite using a ‘‘roving’’ workforce.
ability of the applicant to subsequently each holder of a combined license on Third, the manufacturing license will specify the
offer its design with additional, value- the effective date of the Commission’s inspections, tests, and acceptance criteria for
added services. Thus, applying for and authorization under § 52.103(g). determining successful manufacturing.
Accordingly, the NRC revised § 50.55(e) permit holder. The final rule and D of part 52, the NRC prepared an
to specifically apply its provisions to accomplishes this by: (1) Revising environmental assessment which: (1)
holders of manufacturing licenses. § 26.2(a) to refer to combined license Provides the bases for a Commission
holders after the date that the NRC finding of no significant environmental
K. Change to 10 CFR Part 25
makes the finding under § 52.103(g); (2) impact (FONSI) for issuance of the
1. Section 25.35, Classified Visits revising § 26.2(c) to refer to a holder of design certification regulation; and (2)
Part 25 sets forth the NRC’s a combined license before the date that identifies and addresses the need for
requirements governing the granting of the NRC makes the finding under incorporating SAMDAs into the design
access authorization to classified § 52.103(g), a holder of a manufacturing certification rule. Based upon this
information to certain individuals. license under subpart F of part 52, and experience, the NRC is making changes
Section 52.35, which requires that a person authorized to conduct the to part 51 to accomplish two objectives.
licensees and certificate holders activities under § 50.10(e)(3); (3) First, the NRC is eliminating the need
minimize the number of classified revising § 26.10(a) to refer to the for the NRC to prepare essentially
visits, did not, by its terms, apply to personnel of a holder of a repetitive discussions in environmental
applicants for standard design manufacturing license and those assessments supporting a FONSI on
certifications, and applicants for or authorized to conduct the activities issuance of a final standard design
holders of standard design approvals. under § 50.10(e)(3); and (4) revising certification regulation. Each of the
Accordingly, § 25.35 is revised to refer appendix A to part 26, paragraph 1.1(1) environmental assessments and FONSIs
to an applicant for a standard design to include a reference to a holder of prepared to date conclude that there is
certification under part 52 (including combined license after the date that the no significant environmental impact
the applicant after the NRC adopts a NRC makes the finding under associated with NRC issuance of a final
final standard design certification rule), § 52.103(g). design certification regulation because a
and the applicant for or holder of a The NRC believes that part 26 need design certification does not authorize
standard design approval under part 52. not be extended to cover applicants for either the construction or operation of a
and holders of early site permits, nuclear power facility. Design
L. Changes to 10 CFR Part 26 standard design approvals, and certification represents the NRC’s pre-
1. Section 26.2, Scope, § 26.10, General applicants for standard design approval of the design for the nuclear
Performance Objectives; and Appendix certifications. These activities present power facility, but does not authorize
A to Part 26 less of a concern with respect to public manufacture or construction. For the
health and safety, and common defense design certification to have practical
Part 26, which sets forth the NRC’s and security, as compared with effect, it must be referenced in an
requirements governing fitness-for-duty, construction permits, manufacturing application for a combined license. The
currently uses a two-part regulatory licenses, operating licenses, and NRC is revising part 51 to eliminate the
regime for the application of fitness-for- combined licenses. None of these need for the NRC to make repetitive
duty requirements. A holder of an regulatory approvals or design findings of no significant environmental
operating license for a nuclear power certification regulations authorize the impact for future design certifications
plant is required to implement all of the construction, manufacture, or operation and amendments to design
provisions in part 26. By contrast, a of a facility, nor do they authorize certifications.
holder of a construction permit is possession of special nuclear material Second, the NRC is requiring that
required to comply with §§ 26.10, 26.20, (SNM). The adverse impacts on public SAMDAs be addressed at the design
26.23, 26.70, and 26.73, and also health and safety or common defense certification stage. SAMDAs are
implement a chemical testing program, and security attributable to any fitness- alternative design features for
including random tests, and make for-duty issues are likely to be of a much preventing and mitigating severe
provisions for employee assistance lower level of significance, as compared accidents, which may be considered for
programs, imposition of sanctions, to issues that may occur during incorporation into the proposed design.
appeals procedures, the protection of construction, manufacture, operation, or The SAMDA analysis is that element of
information, and record keeping. possession of SNM. The NRC believes the severe accident mitigation
The NRC has extended the that the potential benefits of imposing alternatives analysis dealing with design
applicability of parts 26 to 52, in the fitness-for-duty requirements are not and hardware issues. At the design
keeping with the existing two-part justified in view of the regulatory certification stage, the NRC’s review is
regulatory regime, so that the full array burden to be imposed upon such directed at determining if there are any
of requirements in part 26 apply to a applicants and holders. Accordingly, cost beneficial SAMDAs that should be
combined license holder after the date these requirements will not be imposed incorporated into the design, and if it is
that the NRC authorizes makes the on applicants for and holders of likely that future design changes would
finding under § 52.103(g), analogous to standard design approvals and be identified and determined to be cost-
holder of an operating license under applicants for standard design justified in the future based on cost/
part 50. By contrast, holders of certifications under part 52. benefit considerations. It is most cost
combined licenses, before the date that effective to incorporate SAMDAs into
the NRC makes the § 52.103(g) findings, M. Changes to 10 CFR Part 51 the design at the design certification
are required to comply with the part 26 The NRC is making several stage. Retrofitting a SAMDA into a
provisions currently applicable to conforming changes to part 51 to clarify design certification once site-specific
construction permit holders. Similarly, the environmental protection design and engineering for a nuclear
holders of manufacturing licenses under regulations applicable to the various power facility have been completed
subpart F of part 52 are treated the same part 52 licensing processes. would increase the cost of
as holders of construction permits. implementing a SAMDA. The

Finally, persons authorized to conduct NEPA Compliance for Design retrofitting costs continue to increase in
the limited construction activities Certifications ensuing stages of facility construction
allowed under § 50.10(e)(3) are also For each of the four design and operation. For these reasons, the
treated the same as a construction certification rules in appendices A, B, C, NRC believes that environmental
assessments for design certifications analysis, but must contain information offsite) of the manufactured reactor. The
should address SAMDAs. However, demonstrating that the site manufacturing license does not approve
under the former provisions of part 51, characteristics for the combined license any specific location, building, or
both the environmental information site falls within the site parameters in facility where the actual manufacture of
submitted by the design certification the design certification environmental the reactors may occur,13 and the NRC
applicant, and the environmental assessment.12 does not require the applicant for the
assessment prepared by the NRC, are Finally, the NRC is adding manufacturing license to submit any
directed either at determining whether § 51.75(c)(2) to provide that if a information on these matters as part of
an EIS must be prepared, or that a combined license application references its application. These matters are
FONSI is justified. Accordingly, the a design certification, then the commercial matters generally unrelated
NRC is requiring that SAMDAs be combined license EIS will incorporate to the NRC’s regulatory jurisdiction. The
addressed in environmental reports and by reference the design certification Federal Aviation Administration (FAA)
environmental assessments for design environmental assessment, and does not prepare an EIS when issuing a
certifications. summarize the SAMDA analysis and production certificate under 14 CFR part
The NRC is making a number of conclusions of the environmental 21, subpart G, authorizing the
changes to accomplish these two assessment. production of an aircraft or component
objectives. The NRC is redesignating in conformance with a type certificate.
NEPA Compliance for Manufacturing
existing § 51.55 as § 51.58, and is adding See Federal Aviation Agency Order
Licenses
new § 51.55 to indicate that an 1050.1E, Sec. 308c (June 8, 2004).
environmental report submitted by the The NRC believes that its current Because the NRC does not approve any
design certification applicant must be approach for meeting the Commission’s specific location or facility in which to
directed towards addressing the costs NEPA responsibilities for standard manufacture any component of or the
and benefits of possible SAMDAs, and design certifications should be extended reactor licensed under the
presenting the bases for not to manufacturing licenses for nuclear manufacturing license, it would be
incorporating identified SAMDAs into power reactors. Under subpart F to part speculative for the NRC to describe and
the design to be certified. The 52, a manufacturing license is similar to assess the environmental impacts of
environmental report for an applicant a standard design certification in that a manufacturing. NEPA does not require
seeking to amend an existing design final nuclear power reactor design that an EIS address speculative impacts.
certification would be somewhat would be approved. Therefore, the NRC The NRC also notes that EISs prepared
narrower by focusing on if the design is requiring that the environmental in the past for construction permits and
change which is the subject of the effects of construction and operation of operating licenses under part 50, as well
amendment, renders a SAMDA a nuclear power facility using a as current environmental assessments
previously rejected to become cost- manufactured reactor would be for nuclear power plant license
beneficial, and if the design change addressed in the EIS for the combined amendments, have never considered the
results in the identification of new license application for a nuclear power offsite environmental impacts of
SAMDAs that may be reasonably facility using a manufactured reactor, fabricating systems and components by
incorporated into the design rather than in an environmental vendors and subcontractors, even for
certification. assessment or EIS at the manufacturing circumstances where the fabrication
The NRC is revising § 51.30 to provide license stage. activities are subject to NRC regulatory
for a new § 51.30(d) establishing the Further, the NRC does not believe that jurisdiction (e.g., under applicable
scope of an environmental assessment NEPA requires the NRC to address the provisions of parts 19 and 21). For these
for a design certification. The NRC is environmental impacts of actually reasons, the NRC concludes that NEPA
adding §§ 51.32(b)(1) and (2) to set forth manufacturing a nuclear power reactor does not require the NRC to address,
the NRC’s generic determination of no licensed under subpart F of part 52, either at the manufacturing license stage
significant environmental impact either at the manufacturing license stage or at the combined license stage where
associated with issuance of a final or or at the combined license stage where the application proposes to use a
amended design certification rule. This an application proposes to use a manufactured reactor, the speculative
is, essentially, the legal equivalent of a manufactured reactor. The impacts of manufacturing a reactor
categorical exclusion. The NRC is manufacturing license approves the offsite at a location or in a facility not
including an explicit statement of no final design of the manufactured reactor, specified or approved in the
significant environmental impact in the organization and technical manufacturing license.
§ 51.32. The NRC believes that external procedures for designing and The NRC is making a number of
stakeholders will better understand the manufacturing the reactor, and the changes to part 51, in some cases
nature of the Commission’s action by ITAAC that are to be used by the parallel to those described previously
doing so. The NRC is modifying § 51.31 licensee in determining whether the with respect to design certifications,
by adding § 51.31(b) specifying the reactor has been properly manufactured consistent with its views on
information on the environmental in accordance with NRC requirements manufacturing licenses. The NRC is
assessment to be included in the and the manufacturing license, and the revising existing § 51.54 to clarify that
proposed rulemaking on the design possession (but not the use or transport an environmental report for a
certification published in the Federal manufacturing license must address the
Register. 12 The design certification applicant may have
costs and benefits of SAMDAs and the
The NRC is revising § 51.50(c)(2) to chosen to specify site parameters for the design
certification safety review under § 52.79 which bases for not incorporating SAMDAs
indicate that if a combined license differ from the site parameters specified in the
application references a design environmental report for its design. If such a design 13 A reactor manufactured outside of the United
certification then the combined license certification is referenced in a combined license States would not be within the scope of a
applicant’s environmental report may application, the combined license applicant must manufacturing license under subpart F of part 52,
demonstrate that the two differing sets of site by virtue of proposed § 52.9, which states that no
reference the SAMDA discussion in the parameters are met, in order for the full panoply of license shall be deemed to have been issued for
design certification environmental issue finality provisions in § 52.63 to apply in the activities which are not under or within the
assessment as part of its SAMDA combined license proceeding. jurisdiction of the United States.
into the design of the reactor to be EIS must incorporate by reference the the § 52.103(g) finding as constituting a
manufactured, and to state that the manufacturing license environmental ‘‘major Federal action,’’ and makes no
environmental report need not address assessment. As in the case where the environmental findings in connection
the impacts of manufacturing a reactor combined license application references with that finding. It, therefore, follows
under the manufacturing license. The a design certification, § 51.75(c)(3) that no contentions on environmental
NRC is removing both § 51.20(b)(6), requires the combined license EIS to matters should be admitted in any
which formerly required preparation of summarize the findings and conclusions hearing under § 52.103(b).
an EIS for issuance of a manufacturing of the environmental assessment with Accordingly, the NRC is adding
license, and § 51.76, which formerly respect to SAMDAs. Finally, § 51.108 to clarify that: (1) The
addressed the subject matter of an EIS § 51.75(c)(3) explicitly provides that the Commission will not make any
for a manufacturing license, from part combined license EIS will not address environmental findings in connection
51. the environmental impacts of with the finding under § 52.103(g); and
The NRC is revising § 51.30(e) to manufacturing the reactor under the (2) contentions on any environmental
establish the scope of an environmental manufacturing license. matters, including the adequacy of the
assessment prepared for a combined license EIS and any
manufacturing license. The NRC is NEPA Obligations Associated With referenced environmental assessment,
adding §§ 51.32(b)(3) and (4) to state the § 52.103(g) Findings on ITAAC may not be admitted into any
NRC’s generic determination of no Formerly, neither part 51 nor subpart § 52.103(b) hearing on compliance with
significant environmental impact C of part 52 explicitly addressed ITAAC. Those issues are essentially
associated with issuance of a final or whether an environmental finding challenges to the continuing validity of
amended manufacturing license. As under NEPA is needed in connection the combined license or any referenced
with the parallel provisions governing with an NRC finding under § 52.103(g) design certification or manufacturing
design certifications in § 50.32(b)(1) and that combined license ITAAC have been license. Accordingly, these challenges
(2), the NRC is including an explicit met. Nor does part 51 or subpart C of should be raised with the Commission
statement of no significant part 52 explicitly address whether using relevant Commission-established
environmental impact for contentions on environmental matters processes for requesting Commission
manufacturing licenses in § 51.32(b)(3) may be admitted in a hearing under action. A challenge on environmental
and (4) to facilitate external § 52.103(b). The NRC never intended to grounds with respect to the combined
stakeholders’ understanding of the make an environmental finding in license or manufacturing license must
nature of the Commission’s action. The connection with the § 52.103(g) finding be filed under the provisions of § 2.206.
NRC is adding § 51.31(c) to describe the on ITAAC, and the NRC does not A challenge to an existing design
NRC’s process for determining the believe that NEPA requires such a certification on environmental grounds
manufacturing license with respect to finding. The § 52.103(g) finding that must be filed as a petition for
environmental issues covered by NEPA. ITAAC have been met is not a ‘‘major rulemaking to modify the existing
The NRC is adding § 51.50(c)(3) to Federal action significantly affecting the design certification under subpart H of
provide that if a combined license environment.’’ The major Federal action part 2.
application proposes using a occurs when the NRC issues the
combined license, which includes the NEPA Compliance for Combined
manufactured reactor, then the
authority to operate the nuclear power Licenses Referencing an Early Site
combined license environmental report
plant—subject to an NRC finding of Permit
may incorporate by reference the
environmental assessment for the successful completion of ITAAC. This is The NRC has made several changes in
manufacturing license under which the the reason why the environmental the final rule based on public comments
reactor is to be manufactured and, if so, impacts of operation under the regarding the requirements for a
must include information demonstrating combined license are evaluated and combined license application
that the site characteristics for the considered by the NRC in determining referencing an early site permit and
combined license site fall within the site whether to issue the combined license further consideration of the NRC’s
parameters specified in the even under the former provisions of part obligations under NEPA for such
manufacturing license environmental 52, see § 52.89. By contrast, the scope actions. Several commenters believed
assessment. This section also states that and nature of the NRC finding that that an ESP and COL met the definition
the environmental report need not ITAAC have been met is constrained by of ‘‘connected actions,’’ under NEPA
address the environmental impacts the ITAAC itself (indeed, the NRC has case law and Council on Environmental
associated with manufacturing the always recognized the possibility that Quality (CEQ) regulations, and should
reactor under the manufacturing license. ITAAC could be written such that the therefore not require the preparation of
Finally, the NRC is adding ‘‘inspections and tests’’ exception in a new EIS for the second of the two
§ 51.75(c)(3) to indicate that if the Section 554(a)(3) of the APA could be connected actions, or a revalidation of
proposed combined license application invoked to preclude the need to provide previous findings if neither the
to use a manufactured reactor and the an opportunity for hearing on applicant nor others identify new and
site characteristics of the combined § 52.103(g) findings). The safety significant information. Commenters
license’s site fall within the site consequences of operation are not stated that under applicable NEPA case
parameters specified in the considered when making the § 52.103(g) law, there was no requirement to
manufacturing license environmental findings; these issues are addressed by prepare a new EIS for the latter of the
assessment,14 then the combined license the NRC in determining whether to two connected actions that were
issue the combined license in the first previously evaluated together in a single
14 Analogous to design certifications, it is possible place. Therefore, the NRC does not view EIS. The commenters stated that the EIS
that an applicant for a manufacturing license may prepared at the ESP stage serves as the
have chosen to specify site parameters for the a manufactured reactor, then the combined license EIS for issuance of both the ESP and
manufacturing license safety review under § 52.79 applicant must demonstrate that the two differing
which differ from the site parameters specified in sets of site parameters are met, in order for the full
COL. Commenters stated that the ESP
the environmental report for its design. If the division of issue finality provisions in § 52.171 to EIS included an evaluation of the
combined license application proposes to use such apply in the combined license proceeding. environmental impacts related to
issuance of a COL inasmuch as it 2. Section 51.22, Criterion for ESP need not include consideration of
considered the environmental impact of Categorical Exclusion; Identification of the economic, technical, and other
plant construction and operation. Licensing and Regulatory Actions benefits and costs of the proposed
The NRC continues to believe that it Eligible for Categorical Exclusion or action and of energy alternatives. This
Otherwise Not Requiring Environmental change is being made for consistency
is not necessary to require that all topics
Review with the provisions of § 51.50(b), which
be covered in a single EIS at the ESP
The NRC is revising § 51.22(c) to state that an environmental report
stage, and that topics such as alternative included in an ESP application need not
energy sources and need for power may identify part 52 licensing processes that
are eligible for categorical exclusion or include an assessment of the benefits
be treated in an EIS supplement at the (e.g., need for power) of the proposed
COL application stage when the detailed otherwise do not require environmental
review. action and with the Commission’s
planning for the project is completed. denial of a Petition for Rulemaking (See
As the commenters note, new and 3. Section 51.23, Temporary Storage of PRM–52–02 (October 28, 2003; 68 FR
significant information may also prompt Spent Fuel After Cessation of Reactor 55905)).
the preparation of a supplement to the Operation—Generic Determination of
No Significant Environmental Impact 8. Section 51.50, Environmental
ESP EIS in connection with the COL
Report—Construction Permit, Early Site
application. Since the NRC believes that The NRC is revising §§ 51.23(b) and(c) Permit, or Combined License Stage
some issues may not be ripe for to indicate that the provisions of these
consideration at the ESP stage, and an paragraphs also apply to combined The NRC is revising the title of § 51.50
ESP EIS need not address such issues, licenses. to ‘‘Environmental Report Construction
the Commission is declining to take a Permit, Early Site Permit, or Combined
4. Section 51.26, Requirement To License Stage,’’ and including separate
position on whether the granting of an Publish Notice and Conduct Scoping paragraphs with specific requirements
ESP and the granting of a COL Process for environmental reports for early site
referencing that ESP are connected permit and combined license
actions. Nevertheless, the Commission The NRC is adding a new paragraph
(d) to this section to provide applications which are based on
believes that, inasmuch as an early site existing requirements in part 51 for
requirements for publication of a notice
permit and a combined license are construction permits and operating
of intent when the NRC determines that
major Federal actions significantly licenses and requirements for early site
a supplement to an EIS will be
affecting the quality of the human prepared. This new provision also states permits and combined licenses in part
environment, both actions require the that, in such cases, the NRC staff need 52.
preparation of an EIS. However, 10 CFR not conduct a scoping process, The NRC is revising the requirements
part 52 does provide finality for provided, however, that if scoping is from former § 52.17(a)(2) to clarify that
previously resolved issues. Under conducted, then the scoping must be an early site permit applicant has the
NEPA, the combined license directed at matters to be addressed in flexibility of either addressing the
environmental review is informed by the supplement. If scoping is conducted matter of alternative energy sources in
the EIS prepared at the ESP stage and in a proceeding for a combined license the environmental report supporting its
the NRC staff intends to incorporate by referencing an ESP under part 52 , then early site permit application, or
reference the ESP EIS in the combined the scoping must be directed at matters deferring consideration of alternative
license supplemental EIS. A description to be addressed in the supplement as energy sources to the time that the early
of what the combined license applicant described in § 51.92(e). site permit is referenced in a licensing
application. The NRC believes the
must address in this situation can be 5. Section 51.27, Notice of Intent former regulations already afforded the
found under the discussion of changes early site permit applicant such
to § 51.50(c)(1). The NRC is adding a new paragraph
(b) to this section to provide flexibility, inasmuch as former
More specific changes to individual requirements for the contents of a notice § 52.17(a)(2) stated that the
sections in part 51 are discussed as of intent when the NRC determines that environmental report submitted in
follows: a supplement to an EIS will be support of an early site permit
prepared. Paragraph (b) states that the application must ‘‘focus on the
1. Section 51.20, Criteria for and environmental effects of construction
Identification of Licensing and notice of intent will, among other
things, describe the matters to be and operation of a reactor, or reactors
Regulatory Actions Requiring * * *.’’ The environmental report’s
Environmental Impact Statements addressed in the supplement to the final
EIS and describe any proposed scoping discussion of alternative energy sources
process that the NRC staff may conduct. does not, per se, address the
The NRC is revising § 51.20(b) to
‘‘environmental effects of construction
identify the part 52 licensing processes 6. Section 51.29, Scoping- and operation of a reactor,’’ which is
that require an EIS or a supplement to Environmental Impact Statement and one of the matters which must be
an EIS. Specifically, the NRC is revising Supplement to Environmental Impact addressed in an environmental impact
§ 51.20(b)(1) to indicate that issuance of Statement statement (EIS). [See 10 CFR 51.71(d);
an early site permit requires an EIS. The National Environmental Policy Act of
The NRC is revising paragraph (a)(1)
NRC is revising § 51.20(b)(2) to indicate of this section in the final rule to 1969 (NEPA), Sec. 102(2)(C)(i), (ii), and
that issuance of a combined license include requirements for supplements (v).] Rather, alternative energy sources
requires an EIS. Also, paragraph (b)(6) is to an ESP EIS prepared for a combined constitute part of the discussion of
being removed and reserved because, license application. reasonable alternatives to the proposed
under the Commission’s proposed action, which is required by Section

revision to the requirements for 7. Section 51.45, Environmental Report 102(2)(C)(iii) of NEPA. [See 10 CFR
manufacturing licenses, only an The NRC is revising § 51.45(c) to 51.71(e) n.4; 46 FR 39440 (August 3,
environmental assessment is required at indicate that the analysis in an 1981) (proposed rule that would
this stage. environmental report prepared for an eliminate consideration of need for
power and alternative energy sources at power plant that may be located at the In addition, the NRC is modifying
operating license stage), at 39441 (first early site permit site; the benefits which §§ 51.50(b) and 51.50(c) in the final rule
column) (final rule published March 26, may be deferred are entirely separate to reflect comments made at the NRC’s
1982; 47 FR 12940).] See Exelon from the benefits of issuing an early site public workshops during the public
Generation Company, LLC et al., CLI– permit. The proposed action of issuing comment period on the proposed rule.
05–17, 62 NRC 5, where the an early site permit is not the same as These discussions related to the
Commission ruled that: the ‘‘proposed action’’ of constructing requirement to include a proposed list
[T]he ‘‘reasonable alternatives’’ issue does and operating a nuclear power plant for of activities and a redress plan in
not apply with full force to ESP (or ‘‘partial’’ which the discussion of benefits license applications that request
construction permit) cases. At the ESP stage (including need for power) may be authority to perform activities under
of the construction permit process, the deferred under § 51.50(b). § 50.10(e). The NRC concluded that it is
boards’ ‘‘reasonable alternatives’’ The NRC is further modifying preferable to include both the list of
responsibilities are limited because the § 51.50(b) in the final rule based on proposed activities and the redress plan
proceeding is focused on an appropriate site, public comments. This section as separate documents in the
not the actual construction of a reactor. Thus,
addresses requirements for application, outside of both the final
boards must merely weigh and compare
alternative sites, not other types of environmental reports at the early site safety analysis report (or site safety
alternatives (such as alterative energy permit stage. In the proposed rule, analysis report in the case of an early
sources). (Id. at 48 (citations omitted).) § 51.50(b) stated that environmental site permit) and the environmental
reports ‘‘must focus on the report. The NRC’s conclusion is based
Accordingly, the NRC believes that
environmental effects of construction on the fact that the requirements in
former § 52.17(a)(2) already provided
and operation of a reactor, or reactors, § 50.10(e) address both safety and
the early site permit applicant the
which have characteristics that fall environmental issues. Additional
flexibility of choosing to defer
within the postulated site parameters.’’ changes were made to §§ 52.17(c),
consideration of alternative energy
Commenters pointed out that the use of 52.79(a), and 52.80 to implement this
sources to the time that the early site
‘‘postulated site parameters’’ was not concept.
permit is referenced in a combined
consistent with the terminology the The NRC is also revising § 51.50(c)
license or a construction permit
NRC had used elsewhere in the based on public comments in the final
application. The revisions in § 51.50(b)
proposed rule. Consequently, the NRC is rule. These revisions address the
clarify that the early site permit revising this provision in the final rule situation where a combined license
applicant may either include a to require that the environmental report applicant is referencing an early site
discussion of alternative energy sources ‘‘must focus on the environmental permit and provide for a clearer link to
in its environmental report, or defer effects of construction and operation of the finality provisions in § 52.39,
consideration of the matter. The NRC a reactor, or reactors, which have design eliminate language that attempted to
made conforming amendments characteristics that fall within the site define ‘‘new and significant,’’ and
elsewhere in part 51 to clarify that the characteristics and design parameters provide greater consistency with related
NRC’s EIS need not address the need for for the early site permit application.’’ A requirements elsewhere in part 51. The
power or alternative energy sources (and similar change is being made to the revisions also provide requirements for
therefore these matters may not be same language in final rule § 51.75(b) addressing environmental terms and
litigated) if the early site permit [proposed § 51.71(d)]. conditions. The discussion that follows
applicant chooses not to address these The NRC is making additional reflects the language in the final rule.
matters in its environmental report. The changes to § 51.50(b) to further clarify The NRC is adding a requirement in
environmental report and EIS for an the scope of the environmental review § 51.50(c)(1) that the applicant’s
early site permit must address the at the early site permit stage. Final environmental report need not contain
benefits associated with issuance of the § 51.50(b)(2) states that an early site information or analyses submitted to the
early site permit (e.g., early resolution of permit environmental report may Commission in the early site permit
siting issues, early resolution of issues address one or more of the environmental report or resolved in the
on the environmental impacts of environmental effects of construction Commission’s early site permit
construction and operation of a and operation of a reactor, or reactors, environmental impact statement, but
reactor(s) that fall within the site which have design characteristics that must contain, in addition to the
characteristics, and ability of potential fall within the site characteristics and environmental information and analyses
nuclear power plant licensees to ‘‘bank’’ design parameters for the early site otherwise required: (1) Information to
sites on which nuclear power plants permit application, but that the demonstrate that the design of the
could be located without obtaining a environmental report must address all facility falls within the site
full construction permit or combined environmental effects of construction characteristics and design parameters
license). The benefits (and impacts) of and operation necessary to determine specified in the early site permit; (2)
issuing an early site permit must always whether there is any obviously superior information to resolve any significant
be addressed in the environmental alternative to the site proposed. The environmental issue that was not
report and EIS for an early site permit, purpose of this change is to clearly resolved in the early site permit
regardless of whether the early site delineate that the scope of the proceeding; (3) any new and significant
permit applicant chooses to defer environmental review at the early site information for issues related to the
consideration of the benefits associated permit stage is, at a minimum, to impacts of construction and operation of
with the construction and operation of address all issues needed for the NRC to the facility that were resolved in the
a nuclear power plant that may be perform its evaluation of the alternative early site permit proceeding; (4) a
located at the early site permit site. This sites. In addition, the applicant may description of the process used to
is because the ‘‘benefits * * * of the choose to address one or more issues identify new and significant information
proposed action’’ for which the related to construction and operation of regarding the NRC’s conclusions in the
discussion may be deferred are the the facility with the goal of achieving early site permit environmental impact
benefits associated with the finality on those issues at the early site statement, including a requirement that
construction and operation of a nuclear permit stage. the process use a reasonable
methodology for identifying such new evidenced by references in these assumptions. These were termed
and significant information; and (5) a documents, applicant responses to NRC Category 1 issues. If a license renewal
demonstration that all environmental requests for additional information, applicant identifies new and significant
terms and conditions that have been comment letters, etc.) and (2) not information with respect to a Category
included in the early site permit will be generally known or publicly available 1 issue, it documents its assessment of
satisfied by the date of issuance of the during the preparation of the EIS (such that information in its application. If the
combined license. Any terms or as information in reports, studies, and applicant determines that this new
conditions of the early site permit that treatises). For new information to be information is not significant, or that
cannot be met by the time the combined ‘‘significant,’’ it must be material to the there is no new information, the
license is issued must be set forth as issue being considered, that is, it must applicant documents the bases for these
terms or conditions of the combined have the potential to affect the finding determinations in an auditable form and
license. or conclusions of the NRC staff’s makes the documentation available for
For an early site permit, the NRC evaluation of the issue. The COL staff inspection. If there is new and
prepares an EIS that resolves numerous applicant need only provide significant information on a Category 1
issues within certain bounding information about a previously resolved issue, the NRC staff limits its inquiry to
conditions. These issues have issue environmental issue if it is both new determine if this information changes
preclusion at the combined license or and significant. the Commission’s earlier conclusion set
CP stage provided certain conditions are The combined license applicant forth in the GEIS. The NRC staff may
met. A combined license or CP referencing an early site permit is also inquire if the applicant has a reasonable
application must demonstrate that the required to provide information process for identifying new and
design of the facility falls within the site sufficient to resolve any other significant information on Category 1
characteristics and design parameters significant environmental issue not issues.
specified in the early site permit. In considered in the early site permit Similarly, in the NRC environmental
addition, the application must include proceeding (e.g., need for power) and review process for a combined license
any new and significant information for the information contained in the application, the combined license EIS
issues related to the impacts of application should be sufficient to aid brings forward the Commission’s earlier
construction and operation of the the staff in its development of an conclusions from the early site permit
facility (i.e., the issue being addressed at independent analysis (see 10 CFR EIS and articulates the activities
the combined license stage) that were 51.45). undertaken by the NRC staff to ensure
resolved in the early site permit Finally, the combined license
that an issue that was resolved can
proceeding. Documentation related to applicant referencing an early site
remain resolved. If there is new and
the applicant’s search for new permit must demonstrate that all
significant information on a previously
information and its determination about environmental terms and conditions
resolved issue, then the staff will limit
the significance of the new information included in the early site permit will be
its inquiry to determine if the
should be maintained in an auditable satisfied by the date of issuance of the
combined license. In some cases, this information changes the Commission’s
form by the applicant. The NRC staff
may require adding a condition to the earlier conclusion. Environmental
may also use the environmental scoping
combined license to adequately address matters subject to litigation in a
process to assist it in determining if
the environmental issue raised in the combined license proceeding mainly
there is new and significant information
early site permit condition. Note that include (1) those issues that were not
regarding issues that were resolved in
this provision was added to § 51.50(c)(1) considered in the previous proceeding
the early site permit proceeding.
in the final rule. Requirements to on the site or the design; (2) those issues
Although the NRC is ultimately
responsible for completing any required include environmental conditions in an for which there is new and significant
NEPA review under 10 CFR 51.70(b), for early site permit environmental report information; and (3) those issues subject
example, an evaluation of the impact of were addressed in the proposed rule in to the change or exemption processes in
new and significant information on the § 51.50(b), but the associated provision 10 CFR part 52.
conclusions for a resolved early site to ensure any conditions included in the Notwithstanding that, in the context
permit environmental issue, the permit would be met was inadvertently of renewal, the GEIS resolves Category
combined license applicant must left out of § 51.50(c)(1). 1 issues through rulemaking and an
identify whether there is new and In the past, the NRC staff has early site permit resolves environmental
significant information on such an attempted to explain the relationship issues through an individual licensing
issue. A combined license applicant between the environmental review of an proceeding, the staff believes that the
should have a reasonable process to early site permit application to that of license renewal practice is similar to the
ensure it becomes aware of new and a combined license application part 52 process in which a combined
significant information that may have a referencing the early site permit by license application references an early
bearing on the earlier NRC conclusion, analogy to the license renewal site permit.
and should document the results of this environmental review process. The NRC The NRC has determined that a
process in an auditable form. The NRC believes the analogy especially useful combined license is a major Federal
staff will verify that the applicant’s because the license renewal process is action significantly affecting the quality
process for identifying new and well-established and clearly understood. of the human environment and, in
significant information is effective. Because there appears to be some accordance with 10 CFR 51.20, the NRC
The NRC, in the context of a confusion regarding this analogy, NRC must prepare an EIS on that action. If
combined license application that believes a brief explanation of the there is no new and significant
references an early site permit, has similarities of the two processes is information for matters resolved at the
defined the term ‘‘new’’ in the phrase warranted. ESP stage, then the staff will rely upon
‘‘new and significant information’’ as For license renewal, the NRC (‘‘tier off’’) the ESP EIS at the combined
any information that was both (1) not prepared a generic EIS (GEIS) that license stage and disclose the NRC
considered in preparing the ESP resolved more than 60 issues for all conclusion for matters covered in the
environmental report or EIS (as may be plants based on certain bounding early site permit review. Such matters
will not be subject to litigation at the documents for future licensing actions. Section 51.55(a) provides that the
combined license stage. The NRC is also revising § 51.53(a) to environmental report for the design
clarify that documents that may be certification must address the costs and
9. Section 51.51, Uranium Fuel Cycle
referenced in post-construction benefits of SAMDA, and the bases for
Environmental Data—Table S–3
environmental reports include those not incorporating into the design
The NRC is revising § 51.51 to require prepared in connection with an early certification any SAMDAs identified
that every environmental report site permit or a combined license. In during the applicant’s review. Section
prepared for the early site permit stage addition, the NRC is revising 51.55(b) provides that the
or combined license stage of a light- § 51.53(c)(3) to clarify that the environmental report submitted in
water-cooled nuclear power reactor use requirements for the content of support of a request to amend a design
Table S–3, Table of Uranium Fuel Cycle environmental reports submitted in certification need only address whether
Environmental Data, as the basis for applications for renewal of a combined the design change which is the subject
evaluating the contribution of the license are the same as those for renewal of a proposed amendment either renders
environmental effects of the uranium of an operating license. a SAMDA previously identified and
fuel cycle to the environmental costs of rejected to become cost beneficial, or
licensing light-water-cooled nuclear 12. Section 51.54, Environmental
results in the identification of new
power reactors. If the application for a Report—Manufacturing License
SAMDAs that may be reasonably
combined license references an early The NRC is revising this section by incorporated into the design
site permit in which the environmental adding two paragraphs to delineate the certification.
impacts and costs related to the difference in the matters with respect to
uranium fuel cycle were already SAMDAs that must be addressed in an 14. Section 51.58, Environmental
evaluated and resolved, then the environmental report for issuance of a Report—Number of Copies; Distribution
repetition of this information in the manufacturing license under subpart F The matters previously addressed in
environment report for the combined of part 52, versus that for an amendment § 51.55 are addressed in a new § 51.58.
license is not required unless the to the manufacturing license. Section The NRC is adding conforming
applicant has identified new and 51.54(a) provides that the references to § 51.58(a) for early site
significant information regarding these environmental report for the permits and combined licenses. Section
environmental impacts and costs. manufacturing license must address the 51.58(b) contains a conforming
costs and benefits of SAMDAs, and the reference to subpart F of part 52.
10. Section 51.52, Environmental Effects
bases for not incorporating into the
of Transportation of Fuel and Waste— design of the manufactured reactor any
15. Section 51.71, Draft Environmental
Table S–4 SAMDAs identified during the Impact Statement—Contents
The NRC is revising § 51.52 to require applicant’s review. Section 51.54(b) The NRC is revising § 51.71(d) to
that every environmental report reflects the narrower scope of an include a reference to § 51.75 in the first
prepared for the early site permit stage environmental report submitted in sentence because § 51.75 also includes
or combined license stage of a light- connection with a proposed amendment exceptions to the provisions in
water-cooled nuclear power reactor to a manufacturing license, by providing § 51.71(d). This represents a change the
contain a statement concerning that the report need only address NRC is making in the final rule to move
transportation of fuel and radioactive whether the design change which is the specific discussions on early site
wastes to and from the reactor. If the subject of a proposed amendment either permits and combined licenses from
application for a combined license renders a SAMDA previously identified § 51.71(d) to their associated paragraphs
references an early site permit in which and rejected to become cost beneficial, in § 51.75. The NRC is also revising
the transportation of fuel and or results in the identification of new associated footnote 3 to include
radioactive wastes to and from the SAMDAs that may be reasonably references to early site permits and
reactor has already been evaluated and incorporated into the design of the combined licenses.
resolved, then the repetition of this manufactured reactors. 16. Section 51.75, Draft Environmental
information in the environment report As discussed earlier, the
Impact Statement—Construction Permit,
for the combined license is not environmental impacts of
Early Site Permit, or Combined License
necessary unless the applicant has manufacturing a reactor under a
identified new and significant manufacturing license are not The NRC is adding §§ 51.75(b) and (c)
information regarding the associated considered by the NRC, and § 51.54 to include separate requirements for the
environmental impacts. indicates that the environmental report preparation of draft EISs at the early site
need not include a discussion of the permit and combined license stages. In
11. Section 51.53, Postconstruction the final rule, the NRC is also moving
environmental impacts of
Environmental Reports information related to early site permits
manufacturing a reactor.
The NRC is revising § 51.53(a) to that was contained in proposed
clarify that any postconstruction 13. Section 51.55, Environmental § 51.71(d) to § 51.75(b). In addition, the
environmental report may incorporate Report—Standard Design Certification NRC is providing further clarification in
by reference any information contained The NRC is transferring the provisions the final rule on the scope of the
in a prior environmental report or in current § 51.55 to a new § 51.58 environmental review at the early site
supplement thereto that relates to the (discussed in § 51.58), and the NRC is permit stage. Section 51.75 requires that
site or any information contained in a revising this section to address the the draft environmental impact
final environmental document contents of environmental reports for statement must include an evaluation of
previously prepared by the NRC staff design certifications under subpart B of alternative sites to determine whether
that relates to the site. This change part 52. The structure of new § 51.55 is there is any obviously superior
reflects the recognition that similar to that of § 51.54, reflecting the alternative to the site proposed. The
environmental documents will be fact that the environmental review for draft environmental impact statement
prepared at the early site permit stage either manufacturing licenses or design must also include an evaluation of the
and may be referenced in environmental certifications is limited to SAMDAs. environmental effects of construction
and operation of a reactor, or reactors, 17. Section 51.92, Supplement to the technical, and other benefits and costs
which have design characteristics that Final Environmental Impact Statement of the proposed action, to the extent that
fall within the site characteristics and The NRC is revising § 51.92 in the the final environmental impact
design parameters for the early site final rule to provide requirements for statement prepared for the early site
permit application, but only to the NRC staff preparation of a supplement permit did not include an assessment of
extent addressed in the early site permit to the final environmental impact these benefits and costs; (5) include an
environmental report or otherwise statement for an early site permit as analysis of other energy alternatives, to
necessary to determine whether there is required by § 51.75(c)(1). Paragraph (b) the extent that the final environmental
any obviously superior alternative to the of § 51.92 states that, in a proceeding for impact statement prepared for the early
site proposed. The purpose of this a combined license application site permit did not include an
change is to clearly delineate that the referencing an early site permit, the assessment of energy alternatives; (6)
scope of the environmental review at NRC staff shall prepare a supplement to include an analysis of any
the final environmental impact environmental issue related to the
the early site permit stage is, at a
statement for the referenced early site impacts of construction or operation of
minimum, to address all issues needed
permit in accordance with § 51.92(e). In the facility that was not resolved in the
for the NRC to perform its evaluation of proceeding on the early site permit; and
the alternative sites. In addition, the the final rule, the NRC is moving
information related to combined (7) include an analysis of the issues
applicant may choose to address one or related to the impacts of construction
licenses that was contained in proposed
more issues related to construction and and operation of the facility that were
§ 51.71(d) to § 51.92(e) and is revising
operation of the facility with the goal of resolved in the early site permit
the wording of this provision. In the
achieving finality on those issues at the proposed rule, § 51.71(d) stated that the proceeding for which new and
early site permit stage. The NRC also draft supplemental environmental significant information has been
notes that, where the early site permit impact statement prepared at the identified, including, but not limited to,
application identifies a specific nuclear combined license stage when an early new and significant information
power reactor design (i.e., a standard site permit is referenced need not demonstrating that the design of the
design certification or manufacturing include detailed information or analyses facility falls outside the site
license) under § 52.17(a)(1)(i), the that were resolved in the final characteristics and design parameters
environmental report for an early site environmental impact statement specified in the early site permit.
permit may address the applicability of prepared by the Commission in 18. Section 51.95, Postconstruction
the severe accident mitigation design connection with the early site permit, Environmental Impact Statements
alternatives (SAMDA) evaluation for provided that the design of the facility
that reactor design to the proposed site. falls within the design parameters The NRC is revising § 51.95(a) to
In this situation, the early site permit specified in the early site permit, the indicate that documents that may be
EIS must determine whether the site site falls within the site characteristics referenced in a supplement to a final
characteristics bound the site specified within the early site permit, environmental impact statement include
parameters relevant to the SAMDA and there is no new and significant documents prepared in connection with
analysis, as specified in the environmental issue or information not an early site permit or combined
environmental assessment for the considered on the site or the design only license. In addition, the NRC is revising
identified nuclear power reactor design. to the extent that they differ from that § 51.95(c) to add provisions for renewal
discussed in the final environmental of combined licenses and to correct the
The requirements for combined impact statement prepared by the address for the NRC Public Document
licenses are organized into separate Commission in connection with the Room. The NRC is revising § 51.95 to
paragraphs (c)(1), (c)(2), and (c)(3) early site permit. In the final rule, the indicate that the NRC will prepare a
which address the contents of the NRC has modified these provisions and supplemental environmental impact
combined license environmental impact moved them to § 51.92(e). The revised statement in connection with the
statement if the combined license language in paragraph (e) provides a amendment of a combined license
application references an early site clearer link to the finality provisions in authorizing decommissioning activities
permit or standard design certification, § 52.39, eliminates language in the or with the issuance, amendment, or
or proposes to use a manufactured proposed rule that attempted to define renewal of a license to store spent fuel
reactor. For example, § 51.75(c)(3) ‘‘new and significant,’’ and provides at a nuclear power reactor after
provides that the combined license EIS greater consistency with related expiration of the combined license, and
will not address the environmental requirements elsewhere in part 51. that the supplement may incorporate by
impacts associated with manufacturing Specifically, paragraph (e) requires that reference any information contained in
the reactor under the manufacturing a supplement to an early site permit the final environmental impact
license. final environmental impact statement statement for the combined license or in
must: (1) Identify the proposed action as the records of decision prepared in
In the final rule, § 51.75(c)(1) states
the issuance of a combined license for accordance with an early site permit or
that if a combined license application
the construction and operation of a combined license. Finally, the NRC is
references an early site permit, then the nuclear power plant as described in the revising § 51.95(d) to indicate that,
NRC staff shall prepare a supplement to combined license application at the site unless otherwise required by the
the early site permit EIS. Paragraph described in the early site permit Commission, in accordance with the
(c)(1) also requires that the supplement referenced in the combined license provisions of § 51.23(b), a supplemental
be prepared in accordance with § 51.92. application; (2) incorporate by reference environmental impact statement for the
Section 51.92 contains the requirements the final environmental impact post combined license stage will
for the content of a supplemental EIS statement prepared for the early site address the environmental impacts of
prepared for a combined license permit; (3) contain no separate spent fuel storage only for the term of
application that references an early site discussion of alternative sites; (4) the license, amendment, or renewal
permit. include an analysis of the economic, applied for.
19. Section 51.105, Public Hearings in § 51.105(a)(3), must determine, after combined license process that are
Proceedings for Issuance of weighing the environmental, economic, derived from various provisions in part
Construction Permits or Early Site technical, and other benefits against 52, namely §§ 52.39 and 52.103. The
Permits environmental and other costs, and NRC is making changes to the language
The NRC is revising the section considering reasonable alternatives, in § 51.107 in the final rule to more
heading and § 51.105(a) to indicate that whether the early site permit should be clearly define the role of the presiding
the requirements for presiding officers issued, denied, or appropriately officer in a proceeding for the issuance
in public hearings on construction conditioned to protect environmental of a combined license where an early
permits also apply to public hearings on values. If the applicant has addressed all site permit is being referenced.
early site permits. In addition, the NRC of the costs and benefits associated with Specifically, paragraph (b) addresses the
is adding § 51.105(b) to indicate that the construction and operation of the situation where a combined license
presiding officer in an early site permit facility in its environmental report, the application references an early site
hearing shall not admit contentions final balancing between costs and permit and a supplement to the early
concerning the benefits assessment (e.g., benefits needs to occur at the early site site permit environmental impact
need for power), or alternative energy permit stage. statement is prepared in accordance
sources if the applicant did not address The NRC also notes that, where the with § 51.75(c)(1) and § 51.92(e). In such
those issues in the early site permit early site permit application identifies a cases, the presiding officer in the
application. This change is being made specific nuclear power reactor design combined license hearing shall not
(i.e., a standard design certification or admit any contention proffered by any
for consistency with the provisions of
manufacturing license) under party on environmental issues which
§ 51.50(b), which state that an
§ 52.17(a)(1)(i), the environmental report have been accorded finality under
environmental report included in an
for an early site permit may address the § 52.39 unless the contention: (1)
early site permit application need not
applicability of the severe accident Demonstrates that the nuclear power
include an assessment of the benefits
mitigation design alternatives reactor proposed to be built does not fit
(e.g., need for power) of the proposed
evaluation for that reactor design to the within one or more of the site
action, and with the Commission’s
proposed site. In this situation, the early characteristics or design parameters
denial of a Petition for Rulemaking (See
site permit EIS must determine whether included in the early site permit; (2)
PRM–52–02 (October 28, 2003; 68 FR
the site characteristics bound the site raises any significant environmental
55905)). The NRC notes that the parameters relevant to the SAMDA issue that was not resolved in the early
environmental report and EIS for an analysis, as specified in the site permit proceeding; or (3) raises any
early site permit must address the environmental assessment for the issue involving the impacts of
benefits associated with issuance of the identified nuclear power reactor design. construction and operation of the
early site permit (e.g., early resolution of In addition, in accordance with Section facility that was resolved in the early
siting issues, early resolution of issues 52.107(c), the presiding officer shall not site permit proceeding for which new
on the environmental impacts of admit contentions proffered by any and significant information has been
construction and operation of a party concerning severe accident identified.
reactor(s) that fall within the site mitigation design alternatives unless the
characteristics, and ability of potential contention demonstrates that the site N. Changes to 10 CFR Part 54
nuclear power plant licensees to ‘‘bank’’ characteristics fall outside of the site 1. Section 54.1, Purpose
sites on which nuclear power plants parameters in the standard design
could be located without obtaining a This part applies to renewed
certification or underlying operating licenses for nuclear power
full construction permit or combined manufacturing license for the
license). The benefits (and impacts) of plants. A conforming change is made to
manufactured reactor. this section to include renewed
issuing an early site permit must always
be addressed in the environmental 20. Section 51.105a, Public Hearings in combined licenses.
report and EIS for an early site permit, Proceedings for Issuance of 2. Section 54.3, Definitions
regardless of whether the early site Manufacturing Licenses
permit applicant chooses to defer The definition for renewed combined
The NRC is adding § 51.105a to license is added to explain the meaning
consideration of the benefits associated provide requirements for public
with the construction and operation of of the new phrase as it is used in this
hearings in proceedings for issuance of part.
a nuclear power plant that may be manufacturing licenses. Specifically,
located at the early site permit site. This § 51.105a establishes that the presiding 3. Section 54.17, Filing of Application
is because the ‘‘benefits * * * of the officer in a proceeding for a Section 54.17(c) is revised to add a
proposed action’’ for which the manufacturing license will determine conforming reference to combined
discussion may be deferred are the whether the manufacturing license licenses issued under 10 CFR part 52.
benefits associated with the should be issued as proposed by the
construction and operation of a nuclear appropriate NRC staff director. 4. Section 54.27, Hearings
power plant that may be located at the This section is revised to include a
early site permit site; the benefits which 21. Section 51.107, Public Hearings in
conforming reference to renewed
may be deferred are entirely separate Proceedings for Issuance of Combined
combined license issued under 10 CFR
from the benefits of issuing an early site Licenses
part 52.
permit. The presiding officer needs to be The NRC is adding § 51.107 to set out
mindful of whether the applicant has the requirements for public hearings in 5. Section 54.31, Issuance of a Renewed
addressed only the benefits of issuing proceedings for issuance of combined License
the early site permit or whether the licenses. The requirements parallel the Sections 54.31(a), (b), and (c) are
applicant has also addressed all of the associated requirements for public revised to include conforming
benefits of construction and operation of hearings on construction permits and references to combined licenses in this
the facility. This is because the operating licenses, as appropriate, and procedure on issuance of renewed
presiding officer, in accordance with provide requirements unique to the licenses.
6. Section 54.35, Requirements During Q. Changes to 10 CFR Part 73 and communications are to be sent.
Term of Renewed License Part 73 establishes the NRC’s However, § 75.6(b)—the provision
requirements for the physical protection applying to, inter alia, nuclear power
This section is revised to include plants—refers only to holders of a
conforming references to holders of of production and utilization facilities
licensed by the NRC. It provides construction permit or an operating
combined licenses and the regulations license, and does not include holders of
in part 52 into the requirements for a requirements for the physical protection
of licensed activities, for personnel combined licenses. Accordingly,
renewed license. § 75.6(b) is revised to reference
access authorization, and for criminal
7. Section 54.37, Additional Records history checks of individuals granted combined licenses. The NRC notes that
and Recordkeeping Requirements unescorted access to a nuclear power early site permits and manufacturing
facility or access to Safeguards licenses need not be referenced,
Section 54.37(a) is revised to include inasmuch as the U.S.–IAEA Safeguards
a conforming reference to a renewed Information. Formerly, the language of
§ 73.1, Purpose and scope, § 73.2, Agreement does not extend to early site
combined license. permits or manufacturing licenses.
Definitions, § 73.50, Requirements for
O. Changes to 10 CFR Part 55 physical protection of licensed S. Changes to 10 CFR Part 95
Part 55 establishes the NRC’s activities, § 73.56, Personnel access
The following discussion explains the
requirements for licensing of operators authorization requirements for nuclear
requirements in part 95 generically and
of utilization facilities in accordance power plants, and § 73.57, Requirements
covers §§ 95.5, 95.13, 95.19, 95.20,
with the statutory requirements in for criminal history checks of
95.23, 95.31, 95.33 through 95.37, 95.39,
Section 202 of the ERA. Formerly, the individuals granted unescorted access
95.43, 95.45, 95.49, 95.51, 95.53, 95.57,
provisions in part 55 referred only to to a nuclear power facility or access to
and 95.59.
utilization facilities licensed under part Safeguards Information by power Part 95 sets forth the NRC
reactor licensees, and Appendix C, requirements governing what
50, and therefore, do not address
Licensee Safeguards Contingency Plans, individuals and entities may be
utilization facilities licensed for
did not refer to combined licenses provided access to National Security
operation under a combined license
issued under part 52. However, part 73 Information (NSI) and/or Restricted Data
issued under subpart C of part 52.
was formerly applicable to combined (RD) received or developed in
Section 202 of the ERA, however, does
licenses under the provisions of § 52.83, connection with activities licensed,
not limit its mandate to operators of
Applicability of part 50 provisions, certified, or regulated by the NRC, and
facilities licensed under part 50; the
which states that all provisions of 10 how this information and data is to be
statutory requirement would also appear
CFR part 50 and its appendices protected by these individuals and
to apply to operators of facilities
applicable to holders of operating entities against unauthorized disclosure.
licensed under part 52 (i.e., combined licenses also apply to holders of
licenses under subpart C of part 52). Although requirements for protection
combined licenses. Accordingly, § 73.1 of NSI and RD must, by statute, apply
Accordingly, §§ 55.1 and 55.2 are is revised to clarify that the regulations
revised by adding a reference to part 52. to all individuals and entities provided
in part 73 apply to persons who receive access to such information, various
This clarifies that each operator of a combined licenses under part 52, and
nuclear power reactor licensed under a sections in part 95 use slightly different
§ 73.2 is revised to state that terms wording to delineate the relevant set of
part 52 combined license or renewed defined in part 52 have the same
under part 54 must first obtain an individuals and entities. To ensure
meaning when used in part 73. The NRC consistency, the Commission is revising
operator’s license under part 55. In has addressed combined licenses in
addition, the conforming changes clarify its regulations to refer to ‘‘licensee,
§ 73.57 by making the provisions that certificate holder, or other person,’’ to
that these operators, as well as holders are required before receiving an
of combined licenses issued under part describe the individuals and entities
operating license under part 50 subject to the applicable requirements.
52 or renewed under part 54, are subject applicable before the date that the
to the requirements in part 55 (e.g., part In adopting this phrase, the NRC
Commission makes the finding under intends to ensure that its regulatory
E of part 55, Written Examinations and § 52.103 for a combined license. requirements for protection of NSI and
Operating Tests, set forth requirements Additional conforming changes to RD in part 95 extend as broadly as the
which are directed, for the most part, at include part 52 licenses are made for NRC’s authority provided under
the holders of operating licenses for §§ 73.50 and 73.56, and appendix C to applicable law. The term, ‘‘licensee,’’
utilization facilities). part 73. includes both holders of all NRC
P. Changes to 10 CFR Part 72 R. Change to 10 CFR Part 75 licenses, including (but not limited to)
combined licenses, as well as holders of
1. Section 72.210, General License 1. Section 75.6, Maintenance of Records permits such as construction permits
Issued and Delivery of Information, Reports, and early site permits. The term,
Part 72 sets forth the requirements for and Other Communications ‘‘certificate holder,’’ includes (but is not
independent spent fuel storage facilities. Part 75 sets forth NRC requirements limited to) all certificates of approval
This section is revised to include a intended to implement the agreement that the Commission may issue, such as
conforming reference to persons between the United States and the a certificate of compliance for spent fuel
authorized to operate nuclear power International Atomic Energy Agency casks under 10 CFR part 72. Finally, the
reactors under 10 CFR part 52 (i.e., a (IAEA) with respect to safeguards of term, ‘‘or other person,’’ is intended to
combined license holder). nuclear material. Various provisions include individuals and entities who are
throughout part 75 require certain subject to the regulatory authority of the
2. Section 72.218, Termination of
licensees and other individuals and Commission, including applicants for

Licenses
entities regulated by the NRC to submit standard design approvals and standard
Section 72.218(b) is revised to include to the NRC various reports and design certifications under part 52. For
a conforming reference to combined communications. Section 75.6 specifies the same reasons, the Commission is
licenses issued under part 52. the NRC officials to whom these reports revising § 95.39 to use the phrase, ‘‘NRC
license, certificate, or standard design requirements for each person holding a Commission is adopting paragraph (b)
approval or standard design certification part 50 power reactor license that is in in order to clearly and unambiguously
under part 52.’’ decommissioning or possession only impose applicable regulatory
status and each person holding a part 72 requirements that exist throughout 10
T. Changes to 10 CFR Part 140
license who does not hold a part 50 CFR Chapter I.
Part 140 addresses the NRC license. The NRC also added
requirements applicable to nuclear Section 52.1 Definitions
conforming changes to include
reactor licensees with respect to references in part 52 in these provisions. This section, formerly designated as
financial protection and indemnity § 52.2, has been supplemented by: (1)
agreements to implement Section 170 of VI. Section-by-Section Analysis adding definitions of terms that are used
the AEA, commonly referred to as the Part 52, General Provisions in part 52 but were undefined in the
Price-Anderson Act. In general, the previous rule; and (2) providing
indemnification and financial Section 52.0 Scope; Applicability of 10 definitions of new terms that were
protection requirements in part 140 CFR Chapter I Provisions added in this rulemaking to provide
become applicable when a holder of a This section, formerly designated as greater clarity and precision. New
10 CFR part 50 construction permit who § 52.1, has been expanded to: (1) definitions which are noteworthy are
also possesses a materials license under address all licensing and regulatory discussed individually as follows.
10 CFR part 70 brings fuel onto the site. processes covered in part 52; and (2) A definition of modular design is
However, part 140 did not address the more clearly define the relationship added to explain the type of modular
indemnification and financial between part 52 and remaining reactor design to which the Commission
protection requirements of combined provisions of 10 CFR Chapter I. intended to refer to in the second
license holders. Accordingly, the final Paragraph (a), which establishes the sentence of the current § 52.103(g). This
rule revises various sections in part 140 scope of part 52, is revised by referring special provision for modular designs
to address combined licenses under part to all licensing and regulatory processes was added to part 52 to facilitate the
52. covered in part 52. In addition, licensing of nuclear plants, such as the
The NRC does not believe that part paragraph (a) is revised to give notice to Modular High Temperature Gas-Cooled
140 must be revised to address any part contractors, subcontractors or Reactor (MHTGR) and Power Reactor
52 licensing process other than a consultants of applicants for or holders Innovative Small Module (PRISM)
combined license. Neither an early site of licenses or regulatory approvals designs, that consisted of three or four
permit nor a manufacturing license under part 52 that they are subject to nuclear reactors in a single power block
authorizes the possession or use of NRC enforcement action for violations with a shared power conversion system.
nuclear fuel or other nuclear materials, of the deliberate misconduct During the period that the power block
and the NRC would not issue these proscriptions in § 52.4. The Commission is under construction, the Commission
licenses with a materials license under notes, as discussed below in the section- could separately authorize operation for
part 70. The NRC also believes that part by-section analysis of § 52.4, that each nuclear reactor when each reactor
140 need not be revised to address deliberate misconduct under § 52.4 may and all of its necessary support systems
standard design approvals or standard occur as the result of a violation of any were completed. The Commission
design certifications, because neither of Commission rule and regulation believes that the term ‘‘modular design’’
these processes authorize the possession throughout 10 CFR Chapter I, not just a needs to be defined to aid future use of
or use of nuclear fuel or other nuclear violation of a requirement in part 52. the current § 52.103(g) by distinguishing
materials. Paragraph (b) is a new provision that the intended definition from other
supersedes former § 52.83. The first currently used definitions for ‘‘modular
U. Changes to 10 CFR Part 170 sentence of paragraph (b) is intended to design.’’ Also, future combined license
Part 170 sets out the fees charged for make clear that the Commission’s applicants for a multi-unit site that
licensing services performed by the regulations in 10 CFR Chapter I apply to would be similar to current multi-unit
NRC. The NRC is revising § 170.2(g) and applicants and holders of licenses, sites (where each unit is similar in
(k) to add conforming references to permits and other regulatory approvals design but independent of all other
manufacturing licenses and standard in part 52 (e.g., design approvals and units) could use this provision.
design approvals issued under part 52, standard design certifications). Definitions of the terms design
revise the existing reference to appendix Accordingly, applicants, licensees and characteristics, design parameters, site
Q to part 52 to be a reference to holders of regulatory approvals under characteristics, and site parameters
appendix Q to part 50, and delete the part 52 should review the regulations in were added to § 52.1 to clarify their
reference to a manufacturing license 10 CFR Chapter I to ensure that they are meaning and use in the licensing and
issued under part 50 (which is being in compliance with applicable approval processes of part 52. Design
removed from part 50 because of its Commission requirements throughout characteristics are defined as the actual
transfer to part 52 in the 1989 10 CFR Chapter I. The second sentence features of a nuclear reactor or reactors.
rulemaking adopting part 52). of paragraph (b) reinforces the Design characteristics are specified in
applicability of the Commission’s the final safety analysis report for a
V. Changes to 10 CFR Part 171 requirements throughout 10 CFR standard design approval, a standard
Part 171 sets out the annual fees Chapter I to part 52 licenses, permits, design certification, a combined license
charged to persons who hold licenses and other regulatory approvals. As part application, or a manufacturing license.
issued by the NRC. The NRC is revising of this final rule, the Commission is Design parameters are defined as the
§ 171.15 to add conforming references to making conforming changes as postulated features of a nuclear reactor
combined licenses issued under part 52. necessary throughout Chapter I to or reactors that could be built at the
Note that for combined licenses, the ensure that relevant regulations clearly proposed site. Design parameters are
requirements of part 171 are not set forth their applicability to part 52 specified in an early site permit
applicable until after the Commission licenses and approvals, and to part 52 application. Site characteristics are
has made the finding under § 52.103(g). entities such as applicants, licensees, defined as the actual physical,
This section also provides fee and holders. Nonetheless, the environmental, and demographic
features of a site. Site characteristics are of under § 52.17(b)(2)(i). A major feature Section 52.4 Deliberate Misconduct
specified in an early site permit or may consist of a specific aspect of a plan This section, formerly designated as
combined license application. Site necessary to address in whole or part 1 § 52.9, has been substantially rewritten
parameters are defined as the postulated or more of the 16 planning standards in in order to more clearly delineate the
physical, environmental, and 10 CFR 50.47(b). Additional applicability of the proscriptions against
demographic features of an assumed requirements for each of the planning deliberate misconduct to all delineated
site. Site parameters are specified in a standards are set forth in part 50,
part 52 entities, including applicants for
standard design approval, standard appendix E, and the applicant may
and holders of standard design
design certification, or manufacturing choose to demonstrate compliance with
approvals, and applicants for standard
license. one or more provisions in appendix E,
The values for the characteristics and design certifications (including those
either in addition to or without a full
parameters will be used in the NRC’s applicants whose designs are certified
demonstration of compliance with a
review of combined license applications by the Commission in a standard design
planning standard in § 50.47(b), when
that reference design approvals, design certification rulemaking). Although the
seeking approval of part of a major
certifications, manufacturing licenses, regulatory language in § 52.4 differs
feature. A major feature may also be a
or early site permits. For example, from former § 52.9, no substantive
description of one or both of the
§ 52.79(b) requires that a combined emergency planning zones (EPZs) change in any aspect of the Commission
license application referencing an early required by 10 CFR 50.33(g). Regulatory law or the underlying policy
site permit contain information considerations governing EPZs are set considerations is being made by the
sufficient to demonstrate that the actual forth in § 50.33(g); a major feature need Commission’s adoption of § 52.4. The
design characteristics of the nuclear not address all of these considerations. relevant law and policy considerations
facility fall within the design parameters A definition of prototype plant is for former § 52.9 are merely clarified
and site characteristics specified in the added to explain the type of nuclear and extended in § 52.4 to cover
early site permit. Also, § 52.79(d) power plant that the Commission applicants for and holders of permits,
requires that a combined license intended in the former § 52.47(b) (new licenses, and regulatory processes that
application referencing a design § 50.43), and § 52.157(e)). A prototype are contained in part 52.
certification rule must contain plant is a licensed nuclear reactor test Section 52.5 Employee Protection
information sufficient to demonstrate facility that is similar to and
that the actual site characteristics fall representative of either the first-of-a- This new section, which is analogous
within the site parameters specified in kind or standard nuclear plant design in to § 50.7, prohibits discrimination
the design certification. all features and size, but may have against employees for engaging in
The above terms are also used in additional safety features. The purpose protected activities established in
§§ 52.39 and 52.93. Because the NRC is of the prototype plant is to perform Section 211 of the Energy
relying on certain design parameters testing of new or innovative safety Reorganization Act of 1974, as amended
specified in the early site permit features for the first-of-a-kind nuclear (1974 ERA). These protected activities,
applications to reach its conclusions on plant design, as well as being used as a which are listed in § 52.5(a)(1), include
site suitability, these design parameters commercial nuclear power facility. (but are not limited to) providing the
will be included in any early site permit Commission or the employer
issued. The NRC believes that its review Section 52.2 Interpretations information about alleged violations of
of a combined license application that This section, formerly designated as the AEA or 1974 ERA, of any of the
references an early site permit will § 52.5, remains unchanged. It provides Commission’s regulations. No
involve a comparison to ensure that the that the only interpretations of part 52 substantive change in any aspect of the
actual characteristics of the design that are legally binding on the Commission law or the underlying
chosen by the combined license Commission are interpretations policy considerations with respect to
applicant fall within the design provided by the General Counsel. These employee protection is being made by
parameters specified in the early site written interpretations, which are rarely the Commission adoption of § 52.5; the
permit. A combined license application provided by the General Counsel, are set relevant law and policy considerations
that references a design certification forth in 10 CFR part 8. for former § 50.7 are merely clarified
will involve a comparison to ensure that and extended in § 52.5 to cover
Section 52.3 Written Communications applicants for and holders of permits,
the actual characteristics of the site
chosen by the combined license This new section, which is analogous licenses, and regulatory processes that
applicant fall within the site parameters to § 50.4, sets forth administrative are contained in part 52 (currently,
in the design certification. Similarly, if requirements regarding written standard design approvals and standard
a combined license applicant references communications with the NRC, design certifications).
both an early site permit and a design including the addressing of such
communications, and listings of the Section 52.6 Completeness and
certification, the NRC will review the
various NRC offices and officials who Accuracy of Information
application to ensure that the site
characteristics in the early site permit must receive copies of different types of This new section, which is analogous
fall within the site parameters in the communications (e.g., applications for to § 50.9, requires that all information
referenced design certification and that licenses and license amendments, submitted to the NRC by the delineated
the actual design characteristics fall security plan and related submissions, part 52 entities be complete and
within the design parameters in the quality assurance related submissions). accurate, and imposes a reporting
early site permit. The administrative requirements requirement on such entities with
A new definition of major features of themselves are identical to those in respect to information with respect to
the emergency plans is added to explain § 50.4; they are reproduced in § 52.3 to the regulated activity having a
what aspects of emergency make clear that they apply to applicants significant implication for public health
preparedness—short of full and for and holders of permits, licenses, and and safety or common defense and
integrated emergency plans—an early regulatory processes that are contained security. No substantive change in any
site permit applicant may seek approval in part 52. aspect of the Commission law or the
underlying policy considerations is intends to utilize § 52.7 as a means for Commission, but that such
being made by the Commission granting dispensation from compliance incorporation must clearly specify the
adoption of § 52.6; the relevant law and with Commission requirements in other information to be incorporated.
policy considerations underlying § 50.9 parts of 10 CFR Chapter I. The person Paragraph (c), which is analogous to
are merely clarified and extended to requesting an exemption need only § 50.52, is added to clarify the
cover applicants for and holders of address the § 52.7 criteria as applied to Commission’s authority under Section
permits, licenses and regulatory the underlying requirement for which 161.h of the AEA to combine NRC
processes that are contained in part 52. dispensation from compliance is sought, licenses, such as a special nuclear
For example, § 50.9 does not impose a and need not also address dispensation
materials license under part 70 for the
positive obligation on licensees to seek from compliance with the relevant part
reactor fuel, with a combined license
out new information meeting the 52 requirement. For example, the holder
under part 52. Analogous to the
reporting thresholds in the rule. In of the combined license who wishes
situation with respect to § 50.31, the
applying § 52.6, the Commission would dispensation from compliance with a
extend this interpretation to part 52 fire protection requirement in 10 CFR language in § 50.52 would not appear to
entities such as combined license 50.48 need only address the relevant allow the Commission to combine into
holders and standard design criteria in § 52.7 with respect to the a single part 52 license, other non-part
certification applicants (including reasons for dispensation from 52 licenses. No substantive change in
applicants whose applications were compliance with § 50.48. The holder any aspect of the Commission law or the
approved, for the regulatory life of the need not address dispensation from policy considerations underlying
certification rule). compliance with § 52.0, which §§ 50.31, 50.32, and 50.52 is being made
otherwise makes applicable the by the Commission adoption of § 52.8;
Section 52.7 Specific Exemptions the relevant law and policy
provisions of § 50.48 on the licensee.
This new section, which is analogous Any exemption granted by the considerations underlying §§ 50.31,
to § 50.12, provides for specific Commission would address the reasons 50.32, and 50.52 are merely extended to
procedures and criteria for Commission for dispensation with the underlying part 52.
grants of exemptions from the requirement—in this case, § 50.48, and Section 52.9 Jurisdictional Limits
provisions of part 52. No substantive would also provide dispensation from
change in any aspect of the Commission compliance with § 52.0. This new section, which is analogous
law or the underlying policy to § 50.53, makes clear that no approval
considerations is being made by the Section 52.8 Combining Licenses;
Elimination of Repetition provided by the Commission under part
Commission adoption of § 52.7; the 52 addresses or approves in any manner
relevant law and policy considerations This new section includes provisions activities which are not under or within
underlying § 50.12 are merely extended analogous to §§ 50.31, 50.32, and 50.52 the territorial jurisdiction of the United
to part 52. and is added to clarify that these States. As a practical matter, this means
The NRC notes that the exemption regulatory provisions also apply to part that an approval or license issued by the
provisions in § 52.7 do not supercede or 52 licenses. Paragraph (a), which is NRC under part 52 has no legal effect
otherwise diminish more specific analogous to § 50.31, is added to make outside the territorial jurisdiction of the
exemption provisions that are in part clear that an applicant for a license United States. No substantive change in
52, such as the provision of a specific under part 52 may combine in one any aspect of the Commission law or the
design certification rule or § 52.63(b)(1) application, several applications for
policy considerations underlying
governing exemptions from one or more different kinds of licenses under various
§ 50.53 is being made by the
elements of a design certification rule. regulations in 10 CFR Chapter I. Section
An applicant or licensee referencing a Commission adoption of § 52.9; the
50.31 currently provides that an
standard design certification rule who relevant law and policy considerations
applicant may combine in one
wishes to obtain an exemption from one are merely extended to part 52.
application, several applications for
or more elements must meet the criteria different kinds of licenses under various Section 52.10 Attacks and Destructive
in the specific design certification rule regulations in 10 CFR Chapter I. The Acts
or § 52.63(b)(1). If the applicant or plain reading of this language, given
licensee is unable to demonstrate that this provision is located in part 50, This new section, which is analogous
compliance with those criteria, then it is that a part 50 application may contain to § 50.13, applies the existing
may request an exemption under the in one application other applications for Commission law and policy that a
more encompassing authority of § 52.7. different licenses in other parts of 10 licensee need not provide for design
However, the exemption request must CFR Chapter I. Thus, § 50.31 would not features or other measures to protect
then demonstrate compliance with the appear to allow a part 52 application (as against certain attacks and destructive
additional criteria in § 52.7. for a combined license) to combine in acts, or the use or deployment of
The Commission also notes that § 52.7 one application other applications for weapons incident to U.S. defense
does not supercede the applicability of different license in other parts of 10 CFR activities, to the applicants for and
more specific dispensation provisions in Chapter I. Accordingly, paragraph (a) holders of permits, licenses and other
other parts of Chapter I. For example, a makes clear that a part 52 application approvals under part 52. No substantive
holder of a combined license would not may be combined with application for change in any aspect of the Commission
require a separate part 52 exemption in different licenses in other parts of 10 law or the underlying policy
order to obtain approval of an CFR Chapter I. considerations is being made by the
alternative to a provision of an Paragraph (b), which is analogous to Commission adoption of § 52.10; the
applicable ASME Code provision that is § 50.32, is added to make clear that an relevant law and policy considerations
otherwise required under 10 CFR applicant for a license, standard design for the § 50.13 exclusion are merely
50.55a; the licensee need only satisfy certification, or design approval under extended to cover applicants for and
the criteria in § 50.55a(a)(3). However, part 52 may incorporate by reference in holders of permits, licenses, and
in the absence of a more specific its application information contained in regulatory processes that are contained
dispensation provision, the Commission other documents provided to the in part 52.
Section 52.11 Information Collection information required of applicants for addition, the application must
Requirements: OMB Approval construction permits. Although an ESP demonstrate that adequate security
This section, formerly designated as applicant does not need to specify a plans and measures can be developed
§ 52.8, remains unchanged. It gives particular nuclear plant design, as in for the site and must provide a
notice that all information collection construction permit applications, it does description of the quality assurance
and reporting requirements in part 52 need to provide sufficient surrogate program applied to site-related
have been approved by the Office of design information (developed to bound activities.
the nuclear plant design(s) that are Paragraph (a)(2) identifies that the
Management and Budget. No
being considered by the applicant) so application must include an
requirement, action or responsibility is
that the NRC can make a determination environmental report that meets the
imposed on part 52 entities by this
on the acceptability of the site and the requirements of § 51.50(b).
section.
environmental impacts, and determine Environmental reports must focus on
Subpart A—Early Site Permits whether designs bounded by the the environmental effects of
surrogate design information provided construction and operation of a nuclear
Section 52.12 Scope of Subpart reactor, or reactors, which have
by the applicant can be qualified for the
This section describes the scope of proposed site. The application must characteristics that fall within the
this licensing process. Under this contain, among other things, the specific design parameters postulated in the
subpart an applicant can request pre- number, type (e.g., pressurized-water early site permit. Environmental reports
approval of a site (so-called site reactor), and thermal power level of the must also include an evaluation of
banking), separate from other licensing facilities, or range of possible facilities, alternative sites to determine whether
actions, and subsequently reference that for which the site may be used; the there is any obviously superior
early site permit in a future application anticipated maximum levels of alternative to the site proposed.
to build a nuclear power plant. This radiological and thermal effluents each Environmental reports submitted in an
process was created for proposed sites facility will produce; the type of cooling early site permit application are not
that the applicant may not plan to use systems, intakes, and outflows that may required to but may include an
in the near term. be associated with each facility; the assessment of the economic, technical,
boundaries of the site; and the proposed and other benefits and costs of the
Section 52.13 Relationship to Other proposed action or an analysis of other
general location of each facility on the
Subparts energy alternatives.
site. As part of the description of the
This section explains the relationship proposed general location of each Paragraph (b) identifies the emergency
of the early site permit process to the facility on the site (§ 52.17(a)(1)(v)), the planning information to be included in
construction permit process under 10 applicant should describe the foot print the application. All ESP applicants are
CFR part 50 and to the combined license for all structures and external safety- required to identify in the site safety
process under part 52. related design features proposed for the analysis report (SSAR) physical
site. characteristics unique to the proposed
Section 52.15 Filing of Applications site that could pose a significant
The application must also include the
This section explains who can file, seismic, meteorological, hydrologic, and impediment to the development of
how to file, and the fees for NRC review geologic characteristics of the proposed emergency plans, e.g., a physical
of an application for an early site site with appropriate consideration of characteristic or combination of
permit. the most severe of the natural physical characteristics that could pose
phenomena that have been historically major difficulties for evacuation or the
Section 52.16 Contents of
reported for the site and surrounding taking of other protective actions. In
Applications; General Information
area and with sufficient margin for the addition, if the applicant identifies such
This section sets forth the type of limited accuracy, quantity, and period physical characteristics, the application
general information that is required to of time in which the historical data have must identify measures that would,
be included in an early site permit been accumulated. This information is when implemented, mitigate or
application, namely, the information to ensure that future plants built at the eliminate the significant impediment.
required by 10 CFR 50.33(a) through (d) site would be in compliance with After meeting this mandatory
and (j). Section 50.33 requires that the General Design Criterion 2 from requirement, paragraph (b) allows
application include information such as appendix A to part 50, which requires applicants the option of either
the name and address of the applicant, that structures, systems, and submitting major features of emergency
a description of the business or components important to safety be plans or complete and integrated
occupation of the applicant, and designed to withstand the effects of emergency plans for approval by the
citizenship information of the applicant. natural phenomena such as earthquakes, NRC, in consultation with the
Section 50.33 also provides tornadoes, hurricanes, floods, tsunami, Department of Homeland Security
requirements for the handling of and seiches without loss of capability to (DHS). For complete and integrated
Restricted Data or other defense perform their safety functions. emergency plans, the applicant must
information in an application. The application must also include the include the proposed inspections, tests,
location and description of any nearby and analyses that the holder of a
Section 52.17 Contents of industrial, military, or transportation combined license referencing the early
Applications; Technical Information facilities and routes, and the existing site permit shall perform, and the
The purpose of this section is to set and projected future population profile acceptance criteria that are necessary
forth the type of technical information of the area surrounding the site. The and sufficient to provide reasonable
to be included in an application for an application must contain an analysis assurance that, if the inspections, tests,
early site permit. Paragraph (a)(1) and evaluation of the major structures, and analyses are performed and the
identifies the information needed for the systems, and components of the facility acceptance criteria met, the facility has
site safety review, excluding emergency that bear significantly on the been constructed and will operate in
planning information. The site safety acceptability of the site from a conformity with the license, the
information is a subset of the radiological safety standpoint. In provisions of the Atomic Energy Act,
and the NRC’s regulations. The issues were not addressed in the early Section 52.27 Duration of Permit
inclusion of such inspections, tests, site permit application. The purpose of paragraph (a) of this
analyses, and acceptance criteria section is to specify the duration of an
(ITAAC) is necessary to allow the NRC Section 52.23 Referral to the Advisory
Committee on Reactor Safeguards early site permit. The applicant can
to make the finding that the plans request a duration of up to 20 years.
submitted by the applicant provide (ACRS)
Paragraph (b) describes the conditions
reasonable assurance that adequate This section states that the ACRS will under which an ESP can continue to be
protective measures can and will be report on those portions of the valid beyond its expiration date.
taken in the event of a radiological application which concern safety which Paragraph (c) allows an applicant for a
emergency. Paragraph (b) also allows is the same role the ACRS had with construction permit or combined
applicants proposing major features of respect to construction permits in the license, at its own risk, to reference an
emergency plans to include proposed ESP that is under review by the NRC but
past.
ITAAC. Where the applicant is not yet granted. Paragraph (d) explains
submitting a complete and integrated Section 52.24 Issuance of Early Site that, upon issuance of a construction
emergency plan, a utility plan must be Permit permit or combined license, a
submitted if any offsite agencies elect referenced early site permit is
not to participate in the development of The purpose of this section is to set
forth the timing of issuance of an ESP subsumed, to the extent referenced, into
emergency planning information. the construction permit or combined
If the applicant plans to perform the and the findings that the Commission
must make to issue the ESP, including license. By ‘‘subsumed’’ the NRC means
preparations for construction activities that the information that was contained
identified in 10 CFR 50.10(e)(1), then that issuance of the permit will not be
in the early site permit SSAR becomes
paragraph 52.17(c) requires the inimical to the common defense and
part of the referencing combined license
applicant to describe the activities it is security or to the health and safety of
FSAR upon issuance of the combined
requesting to perform and propose a the public, that the applicant is
licenses in the same manner as if the
redress plan that, if carried out, would technically qualified to engage in
combined license applicant had not
achieve a ‘‘self-maintaining, activities necessary to prepare the ESP referenced an early site permit. The
environmentally stable, and application and any site preparation NRC is including the phrase ‘‘to the
aesthetically acceptable site’’ that activities that the applicant is seeking extent referenced,’’ to indicate that it is
conforms to local zoning laws. Redress approval to perform, and that the not all of the information submitted in
plans are expected to be modeled on the findings required by subpart A of 10 the early site permit application that is
redress requirements imposed on the CFR part 51 regarding the NRC staff’s subsumed into the combined license,
Clinch River Breeder Reactor project assessment of the environmental impact but, rather, only that information that is
(see In the Matter of the U.S. have been made. contained in the SSAR and identified by
Department of Energy, et al., LBP–85–7, This section also requires that the the applicant as being referenced in the
21 NRC 507 (1985)). By containing a early site permit specify the site combined license application. This
redress plan, the ESP will constitute characteristics, design parameters, and subsumption of the early site permit
assurance that, if site preparation terms and conditions of the early site. into the referencing license affects the
activities are conducted but the site is Before issuance of either a construction way changes to the early site permit
never used for a nuclear power plant, permit or a combined license information will be handled because it
the site will be returned to an acceptable referencing an early site permit, the breaks the tie to the finality provisions
and stable condition. Commission must find that any relevant in § 52.39. After issuance of the
Section 52.18 Standards for Review of terms and conditions of the early site construction permit or combined
Applications permit have been met. Any terms or license, § 52.39 no longer applies to the
conditions that could not be met by the early site permit information and such
This section identifies the regulations information will be covered by the same
time of issuance of the construction
that the NRC staff will use in performing finality provisions as the rest of the
permit or combined license must be set
its review of an application for an early information in the FSAR (with the
forth as terms or conditions of the
site permit, including the standards that exception of any referenced design
construction permit or combined
the NRC staff will use in performing its certification information), as outlined in
license. Finally, this section requires
assessment of emergency preparedness § 52.98 (e.g., in accordance with
information provided in the ESP that the early site permit specify the site
preparation activities under § 52.17(c) §§ 50.54, 50.59, etc.).
application.
that the permit holder is authorized to Section 52.28 Transfer of Early Site
Section 52.21 Administrative Review perform. Permit
of Applications; Hearings
Section 52.25 Extent of Activities This section specifies the
This section identifies the procedural Permitted requirements to be followed if a holder
requirements that apply to the of an early site permit wants to transfer
mandatory hearing for the early site This section specifies that, if the the ESP to another person or company.
permit licensing process. This section construction preparation activities
also clarifies that the applicant’s authorized by § 52.24(c) are performed Section 52.29 Application for Renewal
environmental report is not required to and the site is not referenced in a Paragraph (a) of this section explains
but may include an assessment of the application for a construction permit or the contents and timing of an
benefits of construction and operation of a combined license while the permit application for renewal of an early site
the reactor or reactors, or an analysis of remains valid, then the early site permit permit. Paragraph (b) sets forth the
alternative energy sources. In addition, remains in effect for the purpose of site procedure for requesting a hearing on
the presiding officer in an ESP hearing redress with the goal of achieving an the application for renewal. Paragraph
is prohibited from admitting environmentally stable and aesthetically (c) explains that an ESP may remain in
contentions on these matters if those acceptable site. effect beyond its expiration under
certain circumstances. Specifically, an characteristics, design parameters, or contentions on several matters may be
ESP for which a timely application for terms and conditions, including litigated in the proceeding on a
renewal has been filed remains in effect emergency planning requirements, on combined license that references an
until the Commission has determined the early site permit unless the early site permit. Matters that may be
whether to renew the permit. If an ESP Commission meets one of four litigated include contentions related to
is not renewed, it continues to be valid conditions. Those conditions are that the following: (1) The nuclear power
in any proceeding on an application for the Commission either determines that reactor proposed to be built does not fit
a construction permit or a combined a modification is necessary to bring the within one or more of the site
license which references the ESP and permit or the site into compliance with characteristics or design parameters
was docketed prior to the expiration of the Commission’s regulations and included in the early site permit; (2) one
the ESP. Finally, paragraph (d) orders applicable and in effect at the or more of the terms and conditions of
identifies the responsibilities of the time the permit was issued; determines the early site permit have not been met;
ACRS on an ESP renewal application. that a modification is necessary to (3) a variance requested under § 52.39(d)
assure adequate protection of the public is unwarranted or should be modified;
Section 52.31 Criteria for Renewal health and safety or the common (4) new or additional information is
Paragraph (a) of this section sets forth defense and security; determines that a provided in the application that
the criteria for granting a renewal of an modification is necessary based on an
substantially alters the bases for a
early site permit and provides that, if update under § 52.39(b); or issues a
previous NRC conclusion or constitutes
the NRC wants to impose new variance requested under § 52.39(d).
requirements, it must demonstrate that Paragraph (a)(2) addresses the finality a sufficient basis for Commission to
the new requirements meet the backfit of an early site permit for a license that modify or impose new terms and
standard from § 50.109. Paragraph (b) references the early site permit and conditions related to emergency
explains that even if an application for requires that the Commission treat as preparedness; or (5) any significant
renewal of an ESP is denied by the NRC, resolved those matters resolved in the environmental issue that was not
the applicant can submit a new proceeding on the application for resolved in the early site permit
application for an ESP that corrects the issuance or renewal of the early site proceeding, or any issue involving the
problems with the application for permit, except as provided for in impacts of construction and operation of
renewal. §§ 52.39(b), (c), and (d). This paragraph the facility that was resolved in the
also addresses finality of changes to an early site permit proceeding for which
Section 52.33 Duration of Renewal early site permit approved emergency significant new information has been
This section specifies the duration of plan (or major features thereof). identified. An issue related to the
a renewed early site permit. An ESP Paragraph (b) requires a license impacts of construction and operation of
may, upon application, be extended for applicant that references an ESP to the facility resolved in the early site
periods of up to 20 years beyond the update and correct the emergency permit proceeding is afforded finality at
previously approved duration, provided preparedness information that was the combined license stage provided
the criteria in § 52.31 are met. provided in the ESP and to discuss that there is no ‘‘new and significant’’
whether the new information materially information on the issue. If an
Section 52.35 Use of Site for Other changes the bases for compliance with
Purposes environmental issue was not resolved at
the applicable NRC requirements. New the early site permit stage, either
The purpose of this section is to information which materially changes because information was not sufficient
explain how the holder of an early site the bases for compliance includes: (1) to resolve it or because the early site
permit could use the site for other Information which substantially alters permit applicant was permitted to defer
activities. An approved site may be used the bases for a previous NRC conclusion it (e.g., need for power analysis), then
for purposes not related to the with respect to the acceptability of a the combined license applicant would
construction of a nuclear power facility, material aspect of emergency need to address the issue in its
e.g., a fossil-fueled station or a park, preparedness or an emergency
combined license application. The NRC,
provided that the Commission is preparedness plan, and (2) information
in the context of a combined license
informed of all significant non-nuclear which would constitute a sufficient
application that references an early site
uses prior to actual construction or site basis for the Commission to modify or
impose new terms and conditions permit, has defined the term ‘‘new’’ in
modification activities. A permit may be
revoked if a non-nuclear use would related to emergency preparedness, in the phrase ‘‘new and significant
interfere with a nuclear use, or would so accordance with § 52.39(a)(1). New information’’ as any information that
alter the site that important assumptions information which materially changes was both (1) not considered in preparing
underlying the issuance of the permit the Commission’s determination of the the ESP environmental report or EIS (as
were called into question. matters in § 52.17(b), or results in may be evidenced by references in these
modifications of existing terms and documents, applicant responses to NRC
Section 52.39 Finality of Early Site conditions by the NRC under requests for additional information,
Permit Determinations § 52.39(a)(1) would be subject to comment letters, etc.) and (2) not
This section specifies the special litigation during the licensing generally known or publicly available
backfit requirements that apply to an proceedings in accordance with during the preparation of the EIS (such
early site permit. Paragraph (a) provides § 52.39(c). as information in reports, studies, and
requirements regarding finality of ESP Section 52.39(c) provides treatises). This new information may or
issues as they relate to the Commission. requirements for the submittal of may not be significant. For an issue to
Paragraph (a)(1) states that, contentions in a proceeding for the be significant, it must be material to the
notwithstanding any provision in 10 issuance of a license referencing an issue being considered, i.e., it must have
CFR 50.109 (Backfitting), while an early early site permit and for the filing of the potential to affect the NRC staff’s
site permit or renewed early site permit petitions requesting that an early site evaluation of the issue. The COL
is in effect, the Commission may not permit be modified, suspended, or applicant need only provide
change or impose new site revoked. Paragraph (c)(1) states that information about a previously resolved
environmental issue if it is both new it is referenced in the first combined However, applicants for design
and significant. license. However, unlike an FSAR, there certification have the option of also
Paragraph (c)(2) allows any person to is no change process for the SSAR that applying for a standard design approval
file a petition requesting that the site does not require NRC review and under subpart E. Also, applicants for a
characteristics, design parameters, or approval. manufacturing license may reference a
terms and conditions of the early site Finally, the Commission is adding a certified design.
permit be modified, or that the permit new paragraph (f) (proposed paragraph
be suspended or revoked. The petition Section 52.45 Filing of Applications
(e)) to the ‘‘finality’’ section in each
will be considered in accordance with subpart of part 52, including § 52.39, This revised section is similar to the
§ 2.206. Section 2.206 provides that any entitled ‘‘Information requests,’’ which ‘‘filing of applications’’ sections in
person may file a request to institute a delineates the restrictions on the NRC subparts A and C of this part. This
proceeding to modify, suspend, or for information requests to the holder of section explains how to file an
revoke a license, or for any other action the early site permit. This provision is application for design certification and
as may be proper. Section 52.39(c)(2) analogous to the former provision on how the fees for NRC’s review of the
addresses the Commission’s required information requests in paragraph 8 of application will be assessed. Because
action on such a petition and states that appendix O to parts 50 and 52, and is design certification is a rule and not a
construction under the construction based upon the language of § 50.54(f). license, the applicant for design
permit or combined license will not be For early site permits, this provision is certification does not need to be a U.S.
affected by the granting of the petition contained in § 52.39(f), and requires the citizen or company (AEA, Section 103).
unless the Commission makes the order NRC to evaluate each information Section 52.46 Contents of
immediately effective. request on the holder of an early site
Paragraph (d) provides that an Applications; General Information
permit to determine that the burden
applicant for a license or an amendment imposed by the information request is This is a new section and it is similar
to such a license who has filed an justified in light of the potential safety to the ‘‘general information’’ sections in
application referencing an early site significance of the issue to be addressed subparts A and C of this part. It
permit may request a variance from one in the information request. The only identifies the general information that
or more site characteristics, design exceptions would be for information must be included in all applications.
parameters, or terms and conditions of requests seeking to verify compliance Section 52.47 Contents of
the early site permit, or from the SSAR. with the current licensing basis of the Applications; Technical Information
This paragraph also states that, once a early site permit. If the request is from
construction permit or combined license The purpose of this section is to
the NRC staff, the request would first identify the technical information that
referencing an early site permit is have to be approved by the Executive
issued, a variance from the early site must be included in an application for
Director for Operations (EDO) or his or design certification. This section was
permit will not be granted for that her designee.
construction permit or combined revised to provide a comprehensive list
license. At that point, the early site Subpart B—Standard Design of requirements for a design certification
permit is subsumed into the combined Certifications application. Paragraphs (a) and (c)
license and any request for a change to describe the information that must be
Section 52.41 Scope of Subpart included in the FSAR, which is
the terms or conditions of the combined
license is a request for a license This section describes the scope of included in the application, and
amendment that must be filed under the this licensing process for certification of paragraph (b) describes the information
provisions of § 50.90. standard nuclear power plant designs. that must also be included in the
The NRC is adding new paragraph (e) Under this subpart, an applicant may application but does not need to be
in the final rule in response to public request pre-approval of either an included in the FSAR. Paragraph (c)
comments expressing support for evolutionary light-water or advanced describes additional requirements for
adding provisions to provide an early nuclear power plant design, separate particular types of applications. This
site permit holder with the option of from a site review or other licensing section also specifies the level of detail
requesting an amendment to the early action, and subsequently reference that for the design information that must be
site permit in order to resolve issues certified design in an application to provided in an application.
that were not addressed in the original build a nuclear power plant. The Many of the requirements in this
early site permit review or to achieve requirements for the type of plant to be section were taken from 10 CFR 50.34
finality on updated early site permit certified were moved from § 52.45 to or are pointers to technical requirements
information. Paragraph (e) states that the this section. The scope of the standard in parts 20, 50, 51, and 73 that must be
holder of an early site permit may not plant design must be essentially addressed in the application. The
make changes to the early site permit, complete as described in § 52.47(c). requirements taken from § 50.34 are a
including the SSAR, without prior subset of the information required of
Commission approval. The request for a Section 52.43 Relationship to Other applicants for construction permits and
change to the early site permit must be Subparts operating licenses. Other requirements
in the form of an application for a The purpose of this section is to came from the original version of 10
license amendment, and must meet the explain the relationship of the design CFR 52.47 or were developed by the
requirements of 10 CFR 50.90 and 50.92. certification process to the processes set Commission during the initial design
The NRC considers an early site permit forth in subparts C, E, and F of 10 CFR certification reviews (e.g., SECY–93–
SSAR to be equivalent to a combined part 52, which provide for combined 087, ML003708021).
license FSAR; therefore, when an early licenses, standard design approvals, and Although an applicant for design
site permit is amended, the SSAR must manufacturing licenses. The certification does not need to specify a
be revised consistent with the ESP requirement to hold a final design particular site for the nuclear power
amendments. In addition, the SSAR approval under former appendix O to plant, as in a combined license
retains continuing viability for early site part 52 as a prerequisite to design application, it does need to identify the
permits that are for multiple units after certification was deleted from § 52.45. site parameters, under paragraph (a)(1),
that the standard nuclear power plant is for selected preventative and mitigative SAMDA evaluation for the standard
designed to meet, e.g., postulated values design features for future light-water plant design. This assessment is distinct
for the safe-shutdown earthquake reactor designs. Paragraph (a)(23) from, and in addition to, the
response spectra and maximum tornado requires the applicant to provide a requirement in paragraph (a)(23) to
wind speed. These parameters are description and analysis of those design provide a description and analysis of
usually selected to envelop a large features discussed in SECY–90–16 and severe accident design features.
portion of existing nuclear plant sites in SECY–93–087. Postulated severe Paragraph (c)(1) requires an
the United States. Once the design is accidents are not design-basis accidents essentially complete scope of design in
certified by the NRC, conformance of (DBAs) and the severe accident design applications for evolutionary nuclear
the actual site with the established site features do not have to meet the power plants. These plants are
parameters must be demonstrated by the requirements for DBAs. However, the improved versions of light-water reactor
applicant for a combined license and severe accident design features are part designs that were in operation when
verified by the NRC when the of a plant’s design bases information. part 52 was originally codified.
application is submitted. Paragraph (a)(24) requires the Examples of evolutionary designs
Paragraph (a)(7) requires the applicant applicant to provide a conceptual include General Electric’s U.S.
for design certification to describe its design for those design features that are Advanced Boiling Water Reactor and
qualifications to design and analyze a outside the scope of the certified design, Westinghouse’s SP/90 and System 80+
standard nuclear power plant, which e.g., service water intake structure or designs. Evolutionary designs do not
may become part of the bases for a ultimate heat sink. have to meet the design qualification
future license. Paragraph (a)(25) requires the testing requirements set forth in 10 CFR
Paragraph (a)(13) requires the applicant to describe the interface 50.43(e).
applicant to provide the electric requirements for those design features Paragraph (c)(2) requires applications
equipment list required by § 50.49(d). that are outside the scope of the for ‘‘advanced’’ nuclear power plants to
The NRC understands that the applicant certified design, e.g., service water provide an essentially complete scope of
may not be able to establish intake structure or ultimate heat sink. design and meet the design qualification
qualification files for all applicable Paragraph (a)(26) requires justification testing requirements in 10 CFR 50.43(e).
components. that the interface requirements can be Advanced designs differ significantly
In its staff requirements memorandum verified with the ITAAC for the plant. from evolutionary light-water reactor
(SRM) on SECY–90–377, ‘‘Requirements Paragraph (a)(27) requires the designs or incorporate, to a greater
for Design Certification under 10 CFR applicant to provide a description of the extent than evolutionary designs do,
part 52,’’ dated February 15, 1991, the design-specific PRA and its results. simplified, inherent, passive, or other
Commission directed the staff to ensure Guidance on how to meet the PRA innovative means to accomplish their
that the design certification process information requirement will be safety functions. Examples of advanced
preserves operating experience insights provided in separate regulatory nuclear power plant designs include
in the certified design. Therefore, for guidance documents. General Atomic’s Modular High
plant designs that are based on or are Paragraph (b)(1) requires the applicant Temperature Gas-Cooled Reactor,
evolutions of nuclear plants that have to provide the ITAAC that are necessary General Electric’s Simplified Boiling
operated in the United States, paragraph and sufficient to demonstrate that a Water Reactor, and Westinghouse’s
(a)(22) requires the applicant to facility that references the design AP600.
demonstrate how relevant operating certification has been constructed and Paragraph (c)(3) requires applications
experience insights, from NRC’s generic will be operated in conformity with the for modular nuclear power plant
letters and bulletins issued after the design certification, the Atomic Energy designs to describe and analyze the
most recent revision of the applicable Act of 1954, as amended, and the possible operating configurations of
SRP and 6 months before the docket Commission’s rules and regulations. reactor modules. Modular designs are
date of the application, have been These ITAAC will be a part of the defined in § 52.1. Modular plant designs
incorporated into the plant design. Commission’s verification program and are not portions of a single nuclear
Operating experience includes must cover all of the design information plant, rather they are separate nuclear
consideration of operating events and that is within the scope of the certified power reactors with some shared or
the reliability and performance of design. ITAAC for the remaining design common systems.
structures, systems, and components. If features that are outside of the scope of
the application is for a design that is not the certified design will be provided in Section 52.48 Standards for Review of
based on or is not an evolution of a a combined license application that Applications
nuclear plant that operated in the references the design certification rule. This section sets forth the parts of 10
United States, the applicant must In its SRM on SECY–91–229, ‘‘Severe CFR that contain applicable
demonstrate how insights from any Accident Mitigation Design Alternatives requirements for the technical review of
relevant international operating for Certified Standard Designs,’’ dated design certification applications. The
experience have been incorporated into October 25, 1991, the Commission applicability of these requirements to
that plant design. approved the staff’s recommendation the design certification process is
In its SRMs, dated June 26, 1990, and that design certification applicants specified in the identified parts. The
July 21, 1993, on SECY–90–16, assess SAMDAs for their standard plant Commission recognizes that new
‘‘Evolutionary Light-Water Reactor designs. The Commission required designs may incorporate design features
Certification Issues and their SAMDA evaluations in order to achieve that are not addressed by the current
Relationship to Current Regulatory greater finality for the design features standards set out in 10 CFR parts 20, 50
Requirements,’’ and SECY–93–087, that are resolved in design certification and its appendices, 51, 73, or 100, and
‘‘Policy, Technical, and Licensing Issues rulemakings. For further explanation, that new standards may be required to
Pertaining to Evolutionary and see discussion in SECY–93–087, dated address these new design features. The
Advanced Light-Water Reactor April 2, 1993. In order to implement Commission will determine whether
Designs,’’ respectively, the Commission this requirement, paragraph (b)(2) additional rulemakings are needed or
approved NRC staff recommendations requires the applicant to provide a appropriate to resolve generic safety
issues that are applicable to multiple facility to possess, Restricted Data or Under paragraph (d), denial by the
designs. On the other hand, new design classified National Security Information NRC of a request for renewal of a design
features that are unique to a particular until the individual and/or facility has certification does not prevent an
design could be addressed in the design been approved for access under the applicant from submitting a new
certification rulemaking for that provisions of 10 CFR parts 25 and/or 95. application for certification under
particular design. The NRC believes that this amendment, § 52.45.
Section 52.51 Administrative Review along with the changes to parts 25, 95, Section 52.61 Duration of Renewal
of Applications and § 50.37, are necessary to ensure that
access to classified information is This section specifies the duration
This section sets forth the procedures adequately controlled by all entities that a renewed design certification is
for performing a notice and comment applying for NRC certifications. valid for referencing in a combined
rulemaking for design certification. license application.
Paragraph (b) states that the Section 52.55 Duration of Certification
Section 52.63 Finality of Standard
Commission will determine, at its sole The purpose of this section is to Design Certifications
discretion, whether to hold a legislative specify the duration that a standard
hearing on the proposed design The purpose of this section is to set
design certification is valid for
certification rule under the procedures forth the process for amending or
referencing in a combined license
in subpart O of 10 CFR part 2. Paragraph backfitting existing design certification
application. rules (DCRs) or issuing orders to nuclear
(c) states that proprietary information
contained in an application for design Section 52.57 Application for Renewal plants that referenced a DCR. This
certification will be given the same section also describes the finality of
The purpose of this section is to set issue resolution under a design
treatment that such information would forth the process for applying for
be given in a proceeding on an certification and the process for plant-
renewal of an existing design specific departures from a certified
application for a construction permit or certification rule. Paragraph (a) specifies
an operating license under 10 CFR part design. This amendment process places
the time period for submitting an a nuclear plant designer on the same
50. This gives the design certification application for renewal and states that
applicant (vendor) an opportunity to footing as the Commission or any other
any person can apply for renewal. member of the public (see 54 FR 15377,
treat elements of its design as trade However, if the applicant for renewal is
secrets. first column, April 18, 1989). Therefore,
not the same person or entity that it cannot be said that this section makes
Section 52.53 Referral to the Advisory applied for the existing design it easier for a designer to amend design
Committee on Reactor Safeguards certification, as identified in Section I of certification information than for the
(ACRS) the DCR, then the new applicant is NRC to backfit the certified design. The
This section states that the required to demonstrate that they have amendment and backfitting process uses
application for design certification shall the capability to provide the detailed the phrase ‘‘certification information’’ in
be sent to the ACRS for its review of design for that certified nuclear power order to distinguish the rule language in
safety issues. plant under § 52.63(c) or § 52.73(b). the DCRs from the design certification
Section 52.59 Criteria for Renewal information (e.g., Tier 1 and Tier 2) that
Section 52.54 Issuance of Standard is incorporated by reference in the
Design Certification The purpose of this section is to DCRs.
Paragraph (a) of this section sets forth identify the regulations that will be used No matter who proposes it, a generic
the findings that the Commission must to determine if an existing design change under § 52.63(a)(1) will not be
make in order to issue a design certification should be renewed. made to a DCR while it is in effect
certification rule. Paragraph (b) requires Paragraph (a) states that the Commission unless the change: (1) is necessary for
that site parameters, design will grant a request for renewal if the compliance with Commission
characteristics, and any additional design complies with the regulations in regulations applicable and in effect at
requirements and restrictions be effect at the time the certification was the time the certification was issued; (2)
specified in the design certification rule. originally issued (see Section V of an is necessary to provide adequate
Previous DCRs set forth the additional existing design certification rule) and protection of the public health and
requirements and restrictions in Section imposition of any new safety safety or common defense and security;
IV of the rule. Site parameters and requirements on the design during a (3) reduces unnecessary regulatory
design characteristics are defined in renewal proceeding will be governed by burden and maintains protection to
§ 52.1 and can be specified in the design the backfit standards in paragraph (b). public health and safety and common
control document. These values will be Under paragraph (c), the applicant for defense and security; (4) provides the
used during the review of a combined renewal may request an amendment to detailed design information necessary to
license application that references the the existing certified design to make resolve selected design acceptance
design certification rule to verify that some design changes provided that the criteria; (5) corrects material errors in
the standard plant design conforms with new design meets the regulations in the certification information; (6)
the characteristics of the actual site and effect at the time that the amended, substantially increases overall safety,
the design parameters used in the early renewed design certification rule is reliability, or security of a facility and
site permit. issued and the changes do not require the costs of the change are justified; or
Section 52.54 was amended to a major review or reanalysis of the new (7) contributes to increased
include a new paragraph (c) which design. If the changes to the original standardization of the certification
requires that every DCR contain a design certification are so extensive that information.
provision stating that, after the the NRC concludes an essentially new Paragraphs (a)(1)(i) and (a)(1)(ii) did
Commission has adopted the final DCR, standard design is being proposed, then not change in the final rule. Paragraph
the applicant for that design the applicant must submit an (a)(1)(i) provides the compliance
certification will not permit any application for a new design exception to the NRC’s backfit process.
individual to have access to, or any certification under § 52.45. Paragraph (a)(1)(ii) sets forth the special
backfit criteria, which uses the adequate operation provided that the direct and shall consider whether the special
protection standard rather than the indirect costs of implementation of the circumstances that justify the plant-
backfit standard in 10 CFR 50.109. The amendment are justified in view of this specific order outweigh any decrease in
remaining paragraphs permit increased safety, reliability, or security. safety that may result from the
amendments of design certification This amendment process will function reduction in standardization caused by
information without meeting the special similar to the backfitting process in 10 the plant-specific order. This additional
backfit requirement in § 52.63(a)(1)(ii). CFR 50.109. requirement was added to ensure that
Paragraph (a)(1)(iii) allows the Finally, paragraph (a)(1)(vii) allows the benefits of standardization will be
Commission to change the design for generic amendments that would preserved.
certification rule language to reduce increase the standardization of Paragraph (a)(5) sets forth the finality
unnecessary regulatory burdens, i.e., certification information in referencing of matters that are resolved as part of a
incorporate the revised § 50.59 change applications. The Commission is still design certification rulemaking. Each of
criteria, or change the certification committed to achieving and maintaining the DCRs have detailed provisions on
information if the change provides a the benefits of standardization. the issues that were resolved for that
reduction in regulatory burden and Therefore, the final rule allows for plant design and detailed processes for
maintains protection to public health generic amendments of certification changes to and departures from
and safety and common defense and information through this additional certification information (refer to
security. Maintaining protection process, provided that the amendment Sections VI and VIII of appendices A, B,
generally embodies the same safety is applied to all plants that reference the C, or D to part 52).
principles used by the NRC in applying DCR. This paragraph will allow Paragraphs (b)(1) and (b)(2) provide
risk-informed decision-making, i.e., applicants and licensees to request processes for requesting exemptions and
ensuring that adequate protection is corrections or changes to certification departures from certification
provided, applicable regulations are information through a generic process information. As part of its adoption of
met, sufficient safety margins are rather than through individual licensing a two-tiered rule structure (refer to SRM
maintained, defense-in-depth is actions. In determining whether to on SECY–90–377, dated February 15,
maintained, and that any changes in risk codify a proposed amendment under 1991), the Commission codified detailed
are small and consistent with the this paragraph, the Commission will processes for changes to and departures
Commission’s Safety Goal Policy give special consideration to comments from certification information in each of
Statement (refer to NRC’s RG 1.174). from applicants or licensees who the design certification rules (refer to
Paragraph (a)(1)(iv) allows for generic referenced the DCR regarding whether Section VIII of appendices A, B, C, or D
resolutions of design acceptance criteria they want to backfit their plants with to part 52). The processes for a specific
(DAC) by amending DCRs. The DAC are these additional changes. certified design must be used when
a special type of ITAAC that are used to The process for amending DCRs will requesting exemptions and departures
verify the resolution of design issues be a rulemaking with opportunity for from certification information.
where sufficient design information was public comment under paragraph (a)(2). Paragraph (c) identifies the detailed
not provided in the design certification As part of the rulemaking under design information that an applicant for
application. By generically resolving § 52.63(a)(1), except for § 52.63(a)(1)(ii), a combined license must have
DAC with the amendment process, the the Commission will give consideration completed and available for audit by the
Commission achieves resolution of to whether the benefits justify the costs NRC. The NRC expects that design
additional design issues, achieves for plants that are already licensed or for certification applicants (vendors) will
finality for those issue resolutions, and which an application for a permit or have this information available during
avoids repetitive consideration of those license is under consideration. The the review of a combined license
design issues in individual combined duration of the amended DCR will be for application that references the certified
license proceedings. Also, the the same period of time as the original design. Because a rule certifying a
amendments will enhance DCR and have the same expiration date. standard plant design does not belong to
standardization by further completing Once a DCR is amended by
the designer (vendor), an applicant for
the certification information. The NRC rulemaking, under paragraph (a)(3) the
a combined license that references the
staff will review the amendment changes will apply to all future
DCR could use a vendor other than the
application to ensure that the DAC are applications referencing the DCR as well
applicant that achieved the design
met and that the new design as all current plants referencing the
design certification, unless the change certification. In that situation, the
information conforms with the
has been rendered ‘‘technically combined license applicant must
applicable regulations.
Paragraph (a)(1)(v) allows for generic irrelevant’’ through other action taken acquire the detailed design information
resolutions of material errors in the under paragraphs (a)(4) or (b)(1) of this identified in paragraph (c) in order to
certification information. This provision section. Thus, standardization is demonstrate that the new vendor has
is only to be used to correct a material maintained by ensuring that any the ability to provide the certified
error, which is an error that significantly amendment to a DCR is imposed upon design and that the combined license
and adversely affects a design function all nuclear power plants referencing the applicant’s design information is
or analysis conclusion described in the design certification rule. consistent with the design information
design control document (certification Paragraph (a)(4) sets forth the criteria for the DCR.
information). The Commission wants to that must be met before the Commission Subpart C—Combined Licenses
correct material errors so that these can impose new requirements by plant-
errors will not have to be addressed in specific order on a nuclear plant that Section 52.71 Scope of Subpart
individual licensing proceedings. references a DCR. Under this paragraph, This section describes the scope of the
Paragraph (a)(1)(vi) allows for generic the Commission must meet either the requirements in this subpart. Under this
amendments of certification information compliance or adequate protection subpart an applicant can request a
that will substantially increase the backfit criteria and cite one or more combined construction permit and
overall safety, reliability, or security of special circumstances as defined in operating license with conditions
facility design, construction, or § 52.7. In addition, the Commission (combined license) for a nuclear power
facility. The combined license is Section 52.79 Contents of Accordingly, this section contains
essentially a combination of a Applications; Technical Information in requirements for descriptions of
construction permit, which requires Final Safety Analysis Report operational programs and their
consideration and resolution of many of The purpose of this section is to implementation.
the issues currently considered at the identify specific technical information Paragraph (b) describes the
operating license stage, and a to be included in the final safety information that is needed if the
conditional operating license. Operation analysis report as part of an application application references an early site
is allowed only after the Commission for a combined license. This generally permit. Although a combined license
has made the finding that all acceptance includes the same information required applicant referencing a certified design
criteria in ITAAC have been met. of applicants for construction permits need not resubmit information or
The combined license application and operating licenses under 10 CFR analyses submitted in connection with
could describe a site and a custom part 50. the early site permit, the combined
design, or it could reference an early site This section specifies the complete set license application FSARs must either
of FSAR information needed for a include or incorporate by reference the
permit (subpart A of part 52), a standard
combined license that is a stand-alone SSAR for the early site permit. The
design certification (subpart B of part
application, but also takes into account SSAR must be included or incorporated
52), a standard design approval (subpart
that certain information may already into the combined license FSAR to
E of part 52), or a reactor manufactured
have been submitted and reviewed in ensure that matters addressed in the
under a manufacturing licenses (subpart
those instances where the application SSAR legally become part of the FSAR
F of part 52) or a combination thereof. upon issuance of the combined license.
Although a pre-approved site and references an early site permit (subpart
A), a certified design (subpart B), a This will also ensure that the
certified standard design need not be information in the SSAR is subject to
standard design approval (subpart E), a
referenced for the combined license, control under § 50.59 after issuance of
manufacturing license (subpart F), or
maximum efficiency will result if site- the combined license. This provision is
some combination. The required FSAR
related issues, as well as design-related meant to convey that the combined
information also includes requirements
issues, have been resolved before license applicant referencing the early
for descriptions of operational programs
commencement of the combined license that need to be included in the FSAR to site permit does not need to resubmit,
proceeding. allow a reasonable assurance finding of for NRC review, information or analyses
Section 52.73 Relationship to Other acceptability. These additional that were already reviewed and resolved
Subparts requirements are in support of the in the early site permit proceeding (such
Commission’s direction to the staff in as information provided in responses to
The purpose of this section is to SRM–SECY–02–0067 dated September NRC requests for additional
explain the relationship of the 11, 2002, ‘‘Inspections, Tests, Analyses, information). At the same time, this
combined license process to the and Acceptance Criteria for Operational provision provides combined license
licensing processes in subparts A, B, E, Programs (Programmatic ITAAC),’’ that applicants guidance as to what the
and F of 10 CFR part 52. a combined license applicant was not combined license application must
required to have ITAAC for operational contain to be considered complete,
Section 52.75 Filing of Applications programs if the applicant fully including a requirement that it contain
This section explains who can file, described the operational program and or incorporate the early site permit
how to file, and the fees for NRC review its implementation in the combined SSAR.
of an application for a combined license application. In this SRM, the Because an early site permit applicant
license. Commission stated: need not specify a particular nuclear
[a]n ITAAC for a program should not be plant design, the combined license
Section 52.77 Contents of necessary if the program and its application must demonstrate that the
Applications; General Information implementation are fully described in the design of the facility falls within the site
application and found to be acceptable by the characteristics and postulated design
This section sets forth the type of NRC at the COL stage. The burden is on the parameters specified in the early site
general information that is required to applicant to provide the necessary and permit. If the application does not
be included in an combined license sufficient programmatic information for demonstrate that design of the facility
application, namely, the information approval of the COL without ITAAC.
falls within the site characteristics and
required by 10 CFR 50.33. Section 50.33 The Commission clarified its design parameters of the early site
requires that the application include definition of fully described in SRM– permit, then, the applicant must request
information such as the name and SECY–04–0032, ‘‘Programmatic for a variance from the early site permit.
address of the applicant, a description Information Needed for Approval of a Paragraph (b) requires that the
of the business or occupation of the Combined License Application Without application demonstrate that all terms
applicant, citizenship information of the Inspections, Tests, Analyses, and and conditions in the early site permit,
applicant, the class of license applied Acceptance Criteria,’’ dated May 14, excluding terms and conditions
for, the use to which the facility will be 2004, as follows: imposed under § 50.36b, be satisfied by
put, the time for which the license is In this context, fully described should be the date of issuance of the combined
sought, financial qualification understood to mean that the program is license. Any terms or conditions of the
information, State and local emergency clearly and sufficiently described in terms of early site permit that could not be met
response plans, the earliest and latest the scope and level of detail to allow a by the time of issuance of the combined
dates for the completion of construction, reasonable assurance finding of acceptability. license must be set forth as terms or
Required programs should always be

and information about decommissioning conditions of the combined license.
described at a functional level and at an
funding. Section 50.33 also provides increased level of detail where Early site permit conditions imposed
requirements for the handling of implementation choices could materially and under § 50.36b are to be addressed in
Restricted Data or other defense negatively affect the program effectiveness the environmental report and not in the
information in an application. and acceptability. FSAR.
Paragraph (b) also addresses specific design information and any application that are not contained in the
emergency planning information design changes or departures. An FSAR. These application contents
submitted in a referenced early site applicant referencing a design include the proposed ITAAC, the
permit and requires that the combined certification must demonstrate that the environmental report, and information
license application include any new or interface requirements established for to address an applicant’s request to
additional information to update or the design have been met. Applicants perform activities at the site allowed by
correct information provided with the referencing either a design approval or 10 CFR 50.10(e) before issuance of the
early site permit and to discuss whether a design certification must demonstrate combined license.
the new information may materially that any terms and conditions in the Paragraph (a) requires the application
change the bases for compliance with design approval or requirements and to include the proposed ITAAC and, if
the applicable NRC requirements. New restrictions in the referenced design the application references an early site
information which materially changes certification rule will be satisfied by the permit with ITAAC or a design
the bases for compliance includes: (1) date that the combined license is issued. certification, requires the applicant to
information which substantially alters Any terms or conditions of the design use the ITAAC contained in the early
the bases for a previous NRC conclusion approval that cannot be met or satisfied site permit or design certification for the
with respect to the acceptability of a by the time of issuance of the combined applicable portion of the combined
material aspect of emergency license must be set forth as terms or license application. ITAAC that must be
preparedness or an emergency conditions of the combined license. included are those that are necessary
preparedness plan, as well as (2) Likewise, any requirements or and sufficient to demonstrate that the
information which would constitute a restrictions of the design certification facility has been constructed and will be
sufficient basis for the Commission to that cannot be met or satisfied by the operated in conformity with the
modify or impose new terms and time of issuance of the combined license combined license, the provisions of the
conditions related to emergency must be set forth as terms or conditions Atomic Energy Act of 1954 and the
preparedness in accordance with of the combined license. Commission’s rules and regulations. In
§ 52.39(a)(1). New information that Paragraph (e) describes the addition, under Section 52.103(g), the
substantially alters the bases for a information that is needed if the Commission must find that all
previous NRC conclusion or constitutes combined license application references acceptance criteria specified in the
a sufficient basis for Commission to one or more manufactured reactors. license are met before facility operation.
modify or impose new terms and Similar to a combined license Because ITAAC are the sole source of
conditions related to emergency application referencing an early site acceptance criteria for subsequent
preparedness would be subject to permit, design approval, or design resolution of items which cannot be
litigation during the combined license certification, a combined license fully evaluated prior to issuance of a
proceeding in accordance with application referencing one or more combined license, it is essential that the
§ 52.39(c). This paragraph also manufactured nuclear power reactors combined license ITAAC include all
addresses referenced early site permit under subpart F or part 52 must either significant issues that require
emergency plans that incorporate include or incorporate by reference the satisfactory resolution before fuel
existing emergency plans and requires manufacturing license FSAR. Because a loading.
manufacturing license applicant need This paragraph also provides an
the combined license application to
not specify a particular site for the applicant for a combined license with a
identify changes to the emergency plans
installation of a manufactured reactor, process for resolving certain acceptance
that constitute a decrease in
the combined license application must criteria in one or more of the ITAAC
effectiveness under 10 CFR 50.54(q). before issuance of the combined license.
demonstrate that the site parameters for
This requirement ensures that the NRC This provision is included mainly to
the manufactured reactor are bounded
can review such changes to assess their allow for completion of DAC at the
by the site where the manufactured
impact on the emergency plans for the combined license application stage
reactor is to be installed and used. In
proposed combined license facility. because applicants might want to
addition, the plant-specific PRA
Paragraph (c) and (d) provide information must use the PRA complete certain DAC before
application requirements for a information for the manufactured construction. DAC are special design
combined license that is referencing a reactor and must be updated to account certification rule ITAAC. DAC set forth
standard design approval or a standard for site-specific design information and processes and criteria for completing
design certification, respectively. any design changes or departures. The certain design information, such as
Similar to a combined license combined license application must also information about the digital
application referencing an early site demonstrate that the interface instrumentation and control system.
permit, a combined license application requirements established for the design Many DAC were originally written to be
referencing a design approval or design have been met and that any terms and verified as part of the normal, post-
certification must either include or conditions in the manufacturing license combined license, ITAAC verification
incorporate by reference the design will be satisfied by the date that the process. Completion of the design
approval or design certification FSAR. combined license is issued. Any terms matters covered by DAC before the
Because a design approval or design or conditions of the manufacturing issuance of a combined license is
certification applicant need not specify license that could not be met by the consistent with the Commission’s
a particular site, the combined license time of issuance of the combined license original concept for design certification
application must demonstrate that must be set forth as terms or conditions and issuance of a combined license.
characteristics of the site fall within the of the combined license. When it adopted 10 CFR part 52, the
site parameters specified in the design Commission intended that a design
approval or design certification. In Section 52.80 Contents of certification contain final and complete
addition, the plant-specific PRA Applications; Additional Technical design information. Allowing a finding
information must use the PRA Information of acceptable completion of DAC before
information for the design certification This section covers the required issuance of a combined license is,
and must be updated to account for site- technical contents of a combined license therefore, consistent with the
Commission’s original intent. Second, decision on site suitability is in effect components which prevent or mitigate
completion of DAC before issuance of under 10 CFR 2.617(b)(2), the finality the consequences of postulated
the combined license is consistent with provisions in 10 CFR 2.629 govern the accidents that could cause undue risk to
the Commission’s goal of resolving scope and nature of matters resolved in the health and safety of the public.
issues before construction. Determining the proceeding. Because the design must be known to
whether DAC have been successfully obtain authorization for LWA–2
Section 52.85 Administrative Review
completed before issuance of the activities, an LWA–2 is an option for a
of Applications; Hearings
combined license avoids the possibility combined license applicant but not an
that improperly completed DAC will This section identifies the procedural option for an early site permit holder. A
result in the construction of improperly requirements that apply to the combined license applicant may request
designed structures, systems, and mandatory combined license hearing. LWA–2 authority prior to the combined
components. Accordingly, a finding of This section also identifies that, if an license being granted. Paragraph (b)
successful completion of DAC may be applicant requests a Commission recognizes this possibility and notes
made when a combined license is finding on certain ITAAC with the that authorization may be granted only
issued, if the combined license issuance of the combined license, then after the presiding officer in the
applicant demonstrates that the DAC those ITAAC will be identified in the combined license makes the additional
have been successfully completed. This notice of hearing. finding required by 10 CFR
process would also allow findings on Section 52.87 Referral to the Advisory 50.10(e)(3)(ii), namely, that there are no
successful completion of inspections or Committee on Reactor Safeguards unresolved safety issues relating to the
tests of components procured before the (ACRS) LWA–2 activities.
issuance of the combined license. Paragraph (c) of this section clarifies
Paragraph (b) requires a complete This section states that the ACRS will that, if work is performed either under
environmental report in accordance report on those portions of the an LWA–1, or LWA–2 or both, and the
with 10 CFR 51.50(c). application which concern safety. combined license application is
Paragraph (c) requires that, if the Section 52.91 Authorization To subsequently withdrawn by the
applicant is requesting to perform any Conduct Site Activities applicant or denied by the NRC, then
activities at the site allowed by 10 CFR the combined license applicant must
50.10(e), then the applicant must The purpose of this section is to redress the site in accordance with the
identify and describe the activities and outline the activities that can be terms of the site redress plan. Paragraph
propose a plan for redress of the site in performed at the site by a combined (c) of this section also provides the
the event that the activities are license applicant. Paragraph (a) of this combined license applicant with the
performed and either construction is section discusses the authorization a ability to redress the site for an alternate
abandoned or the combined license is combined license applicant needs to use that was not considered at the time
revoked. This paragraph also requires obtain in order to perform limited work that the original redress plan was
the applicant to demonstrate that there activities at the site while the NRC is prepared.
is reasonable assurance that redress considering the combined license
application in the case where a Section 52.93 Exemptions and
carried out under the plan will achieve
combined license applicant does not Variances
an environmentally stable and
aesthetically acceptable site suitable for reference an early site permit that The purpose of this section is to
whatever non-nuclear use may conform contains a redress plan. The describe the process for combined
with local zoning laws. These requirements contained in paragraph (a) license applicants to obtain exemptions
requirements attempt to limit, to the discuss work commonly referred to as a and variances. If the request is for an
extent practicable, the environmental limited work authorization 1 (LWA–1) exemption from any part of a referenced
impact of any site work done in the case that is allowed in accordance with the design certification rule, the
where construction of the nuclear power requirements contained in 10 CFR Commission can grant the request only
facility is not completed. 50.10(e)(1). These requirements do not if it determines that the exemption
allow the applicant to perform LWA–1 complies with any exemption
Section 52.81 Standards for Review of activities without first submitting a provisions in the referenced design
Applications redress plan and obtaining the separate certification rule, or with § 52.63 if there
This section identifies the regulations authorization required by 10 CFR are no applicable exemption provisions
that the NRC staff will use in performing 50.10(e)(1). Plans are expected to be in the referenced design certification
its review of an application for a modeled on the Midland Site rule. A request for an exemption that is
combined license. Stabilization Report that was submitted outside the scope of a design
on October 2, 1986 (ML061710504). certification rule must be processed in
Section 52.83 Finality of Referenced Paragraph (a) recognizes this accordance with the requirements
NRC Approvals; Partial Initial Decision possibility and notes that authorization contained in § 52.7.
of Site Suitability may be granted only after the presiding For the General Electric ABWR,
This section describes the finality of officer in the proceeding on the Westinghouse System 80+,
regulatory products that may be application has made the findings and Westinghouse AP600, and
referenced in a combined license determination required by 10 CFR Westinghouse AP1000 designs, these
application. Specifically, paragraph (a) 50.10(e)(2) and has determined that requirements are contained in Section
states that the finality of matters redress carried out under the site VIII, ‘‘Processes for Changes and
resolved in a referenced early site redress plan will return the site to an Departures,’’ of appendices A, B, C, and
permit, design certification, design aesthetically acceptable and D respectively, of 10 CFR part 52.
approval, or manufacturing license are environmentally stable condition. Section VIII of these appendices
governed by the finality provisions in Paragraph (b) contains requirements discusses the process for exemptions
the respective subparts that address for work commonly referred to as an from different portions of the design
each of these regulatory processes. LWA–2. An LWA–2 allows structural certification rule. The section-by-section
Paragraph (b) states that, while a partial work for structures, systems, and analysis for these respective rules
discuss requirements regarding operated in conformity with the license, states that the change processes in
processing of exemptions that are the provisions of the Act, and the Section VIII of the design certification
expected to be carried forward to future Commission’s rules and regulations. rules apply to changes within the scope
design certification rulemakings. This definition of what ITAAC are of the referenced certified design.
Therefore, if applicable, the applicant intended to accomplish is consistent However, if the proposed change affects
should refer to the respective section- with that contained in § 52.17 regarding the design information that is outside of
by-section analysis in the portion of the early site permits, § 52.47 regarding the scope of the design certification
design certification rule that discusses design certifications and § 52.80, which rule, the part 50 change processes apply
exemptions for additional information. are discussed above. If the combined unless the change also affects the design
Exemptions requested in accordance license application references an early certification information. For that
with this section are subject to litigation site permit with ITAAC related to situation, both change processes may
in the same manner as other issues in emergency planning information, then apply. If the combined license
the licensee hearing. the applicant must use these ITAAC in references a reactor manufactured under
Paragraph (b) of this section sets forth the emergency planning information a subpart F manufacturing license, then
the process for requesting variances submitted with the combined license changes to or variances from
from an early site permit if one is application. If a combined license information within the scope of the
referenced in the combined license. applicant references a design manufactured reactor’s design are
Paragraph (c) sets forth the process for certification rule, the ITAAC contained subject to the change processes in
requesting variances from one or more in the license would be those contained § 52.171.
design characteristics, site parameters, in the design certification rule plus any Paragraph (e) was added in 1992, and
terms and conditions, or approved additional ITAAC that were identified discussed in the section-by-section
design of a manufactured reactor. during the combined license review that analysis (57 FR 60976; December 23,
Issuance of a variance is subject to were outside the scope of the certified 1992), as following:
litigation during the combined license design. If the Commission wishes to This section has been amended with regard
proceeding in the same manner as other identify additional ITAAC that fall to making amendments to a combined license
issues material to that proceeding. within the scope of the review of the immediately effective under the so-called
Section 52.97 Issuance of Combined referenced certified design it needs to ‘‘Sholly Amendment.’’ Under the Energy
Licenses meet the requirements contained in the Policy Act, an amendment to a combined
design certification rule itself (see license can be made immediately effective if
The purpose of this section is to set Section VIII.A.3 of appendix A, B, C, the Commission determines there are no
forth the process for issuing a combined and D for the ABWR, System 80+, significant hazards considerations. This
license. Paragraph (a)(1) of this section section of the rule has been revised to
AP600, and AP1000) and the incorporate the statutory provisions and
sets forth the requirements relative to requirements contained in § 52.63. If a previously issued Commission regulations
the Commission findings that must be combined license applicant does not implementing the ‘‘Sholly’’ amendment. The
made for granting of a combined license. reference an early site permit or a Commission, however, stresses that it will
Paragraph (a)(2) of this section allows certified design, then the ITAAC that are not look with favor upon license
for completion of certain acceptance identified by the Commission for amendments to a combined license filed
criteria in one or more of the ITAAC in paragraph (b) of this section are those shortly before planned operation that could
a combined license being met prior to that were identified during the have the effect of undermining
granting of the combined license. This standardization or changing the scope of
combined license review.
paragraph could apply to DAC found in imminent or pending hearings on
the applicable design certification rules. Section 52.98 Finality of Combined conformance issues.
DAC set forth processes and criteria for Licenses; Information Requests Paragraph (f) states that any
completing certain design information, This section covers the finality of modification to a combined license is an
such as information about the digital combined license provisions and sets amendment to the license and that there
instrumentation and control system. forth the requirements to modify the must be an opportunity for hearing on
Paragraph (a)(2) would allow the combined license after it has been these amendments. Such amendments
Commission to make a finding of issued. After issuance of a combined would be processed in accordance with
successful completion of DAC when a license, the Commission may not the requirements contained in 10 CFR
combined license is issued, if the modify, add, or delete any term or 50.90 and 50.91. In addition, if the
combined license applicant condition of the combined license, the applicant has referenced a certified
demonstrates that the DAC have been design of the facility, the inspections, design, or a reactor manufactured under
successfully completed. This process tests, analyses, and acceptance criteria a manufacturing license, additional
would also allow findings on successful contained in the license which are not requirements may apply. For example, a
completion of inspections or tests of derived from a referenced standard combined license that references an
components procured before the design certification or manufacturing ABWR certified design may request an
issuance of a combined license. license, except in accordance with the exemption from Tier 1 material in
Paragraph (a)(2) notes that such a backfit provisions of §§ 52.103 or accordance with the provisions
finding will preclude any required 50.109, as applicable. contained in Section VIII.A.4 of
finding under § 52.103(g) with respect to Paragraphs (b), (c), and (d) outline the appendix A of 10 CFR part 52. In such
that ITAAC. applicability of the change processes in a case, the licensee would have to
Paragraph (b) requires the 10 CFR part 50, Section VIII of the process an exemption in accordance
Commission to identify the ITAAC design certification rules, and subpart F with the requirements contained in
within the combined license that the of 10 CFR part 52 to a combined license. appendix A to part 52 and 10 CFR
licensee shall perform, and the The change processes in 10 CFR part 50 52.63(b)(1) and a license amendment in
acceptance criteria that, if met, are apply to a combined license that does accordance with paragraph (f) of this
necessary and sufficient to provide not reference a design certification rule section.
reasonable assurance that the facility or a reactor manufactured under a Paragraph (g) which is analogous to
has been constructed and will be manufacturing license. Section 52.98(c) §§ 52.39(f), 52.145(c), and 52.171(c),
provides that NRC information requests regulations. The purpose of the reasonable person to understand the
must be evaluated before issuance to requirement in § 52.99(b) is to clarify bases for the licensee’s representation
ensure that the burden to be imposed by that an applicant may proceed at its that the inspections, tests, and analyses
the information request is justified in own risk with design and procurement have been successfully completed and
view of the potential safety significance activities subject to ITAAC, and that a the acceptance criteria have been met.
of the issue to be addressed, except licensee may proceed at its own risk The term ‘‘sufficient information’’
when the information requests seeks to with design, procurement, construction, requires, at a minimum, a summary
verify compliance with the current and preoperational testing activities description of the bases for the
licensing basis of the combined license. subject to an ITAAC, even though the licensee’s conclusion that the
Information requests may be in the form NRC may not have found that any inspections, tests, or analyses have been
of a new rule requiring submission of particular ITAAC has been met. performed and that the prescribed
information (i.e., a new information Section 52.99(c)(1) requires the acceptance criteria have been met.
collection and reporting requirement), licensee to notify the NRC that the Furthermore, with respect to
or in the form of a NRC staff request for prescribed inspections, tests, and uncompleted ITAAC, it is the licensee’s
information. Information requests by the analyses have been performed and that burden to demonstrate that it will
staff must be in accordance with 10 CFR the prescribed acceptance criteria have comply with the ITAAC and the NRC
50.54(f) and must be approved by the been met. Section 52.99(c)(1) further expects the information that the licensee
EDO or his or her designee before the requires that the notification contain submits under paragraph (c)(2) to be
request may be issued. sufficient information to demonstrate sufficiently detailed such that the NRC
that the prescribed inspections, tests, can determine what activities it will
Section 52.99 Inspection During and analyses have been performed and need to undertake to determine if the
Construction that the prescribed acceptance criteria acceptance criteria for each of the
The purpose of this section is to set have been met. uncompleted ITAAC have been met,
forth the requirements to support the Section 52.99(c)(2) requires that, if the once the licensee notifies the NRC that
NRC’s inspections during construction. licensee has not provided, by the date those ITAAC have been successfully
A new § 52.99(a) has been added to 225 days before the scheduled date for completed and their acceptance criteria
require that the licensee submit to the initial loading of fuel, the notification met. The term ‘‘sufficient information’’
NRC, no later than 1 year after issuance required by paragraph (c)(1) of this requires, at a minimum, a summary
of the combined license or at the start section for all ITAAC, then the licensee description of the bases for the
of construction as defined in 10 CFR shall notify the NRC that the prescribed licensee’s conclusion that the
50.10, whichever is later, its schedule inspections, tests, or analyses for all inspections, tests, or analyses will be
for completing the inspections, tests, or uncompleted ITAAC will be performed performed and that the prescribed
analyses in the ITAAC. This provision and that the prescribed acceptance acceptance criteria will be met. In
also requires the licensee to submit criteria will be met prior to operation addition, ‘‘sufficient information’’
updates to the ITAAC schedule every 6 (consistent with the Section 185.b includes, but is not limited to, a
months thereafter and, within 1 year of requirement that the Commission, description of the specific procedures
its scheduled date for initial loading of ‘‘prior to operation,’’ find that the and analytical methods to be used for
fuel, licensees must submit updates to acceptance criteria in the combined performing the inspections, tests, and
the ITAAC schedule every 30 days until license are met). The notification must analyses and determining that the
the final notification is provided to the be provided no later than the date 225 acceptance criteria have been met.
NRC under § 52.99(c). The information days before the scheduled date for The NRC notes that, even though it
provided by the licensee will be used by initial loading of fuel, and must provide did not include a provision requiring
NRC in developing the NRC’s inspection sufficient information to demonstrate the completion of all ITAAC by a certain
activities and activities necessary to that the prescribed inspections, tests, or time prior to the licensee’s scheduled
support the Commission’s finding analyses will be performed and the fuel load date, the NRC staff will require
whether all of the ITAAC have been met prescribed acceptance criteria for the some period of time to perform its
prior to the licensee’s scheduled date for uncompleted ITAAC will be met. review of the last ITAAC once the
fuel load. Even in the case where there Section 52.99(c) ensures that: (1) The licensee submits its notification that the
were no changes to a licensee’s ITAAC NRC has sufficient information to ITAAC has been successfully completed
schedule during an update cycle, the complete all of the activities necessary and the acceptance criteria met. In
NRC expect the licensee to notify the for the Commission to make a addition, the Commission itself will
NRC that there have been no changes to determination as to whether all of the require some period of time to perform
the schedule. ITAAC have been or will be met prior its review of the staff’s conclusions
Section 52.99 has also been amended to initial operation; and (2) interested regarding all of the ITAAC and the
to incorporate rule language from the persons will have access to information staff’s recommendations regarding the
design certification rules in 10 CFR part on both completed and uncompleted Commission finding under § 52.103(g).
52 regarding the completion of ITAAC ITAAC at a level of detail sufficient to Therefore, licensees should structure
(see paragraphs IX.A and IX.B.3 of address the AEA Section 189.a(1)(B) their construction schedules to take into
appendix A to part 52). During the threshold for requesting a hearing on account these time periods.
preparation of the design certification acceptance criteria. It is the licensee’s A new paragraph (d) states the
rules for the ABWR and System 80+ burden to demonstrate compliance with options that a licensee will have in the
designs, the NRC staff and nuclear the ITAAC and the NRC expects the event that it is determined that any of
industry representatives agreed on information submitted under paragraph the acceptance criteria in the ITAAC
certain requirements for the (c)(1) to contain more than just a simple have not been met. If an activity is
performance and completion of the statement that the licensee believes the subject to an ITAAC derived from a
inspections, tests, or analyses in ITAAC. ITAAC has been completed and the referenced standard design certification
In the design certification rulemakings, acceptance criteria met. The NRC and the licensee has not demonstrated
the Commission codified these ITAAC expects the notification to be that the ITAAC has been met, the
requirements into Section IX of the sufficiently complete and detailed for a licensee may take corrective actions to
successfully complete that ITAAC or the licensee notifications under certain acceptance criteria in one or
request an exemption from the standard paragraphs (c)(1) and (c)(2). In general, more of the ITAAC required by § 52.80
design certification ITAAC, as the NRC expects to make the paragraph before issuance of the combined license.
applicable. A request for an exemption (c)(1) notifications availability shortly In such a case, if the Commission makes
must also be accompanied by a request after the NRC has received the a finding in accordance with § 52.97
for a license amendment under notifications and concluded that they associated with these ITAAC at the time
§ 52.98(f). Also, if an activity that is are complete and detailed. Furthermore, that a combined license is granted, these
subject to an ITAAC is not derived from by the date of the Federal Register ITAAC would not be subjected to a
a referenced standard design notice of intended operation and hearing opportunity again under
certification and the licensee has not opportunity to request a hearing on paragraph (a) of this section. The
demonstrated that the ITAAC has been whether acceptance criteria have been section-by-section analysis for § 52.97
met, the licensee may take corrective or will be met (under § 52.103(a)), the discusses this issue in more detail.
actions to successfully complete that NRC will make available the Paragraph (b) provides the criteria
ITAAC or request a license amendment notifications under paragraph (c)(2), and that must be met for any request for a
under § 52.98(f). the notifications under paragraph (c)(2) hearing on whether the facility complies
Paragraph (e)(1) of this section for all ITAAC for which paragraph (c)(1) or will comply with the acceptance
indicates that the NRC is responsible for notifications have not been provided by criteria. The petitioner must set forth
ensuring (through its inspection and the licensee. with reasonable specificity the facts and
audit activities) that the combined arguments which form the basis for the
Section 52.103 Operation Under a
license holder performs and documents request. These provisions are designed
Combined License
the completion of inspections, tests, and to accord finality to the Commission’s
analyses in the ITAAC. When part 52 The purpose of this section is to set earlier decisions regarding the facility
was first adopted by the Commission in forth the requirements for operation and to ensure that any proceeding is
1989 (April 18, 1989; 54 FR 15372), the under a combined license. This section focused on significant safety issues.
rule provided that the NRC staff shall has been previously discussed in a Paragraph (c) requires the
ensure that the inspections, tests, and section-by-section analysis for the 1992 Commission to expeditiously either
analyses in the ITAAC are performed, revisions to part 52 (57 FR 60976; deny or grant any request for a hearing
and did not refer to the Commission December 23, 1992) which the NRC under this section. If a request is
finding on acceptance criteria being adopted in response to the Energy granted, the Commission must
met. The Commission revised the Policy Act of 1992. The 1992 section-by- determine whether to allow interim
language in this portion of the rule in section analysis states: operation of the facility based on
1992 (December 23, 1992; 57 FR 60975) In an effort to adhere as closely as possible reasonable assurance of adequate
to reflect changes to Section 185 of the to the new statutory requirements of the protection of the public health and
AEA made by Congress in the Energy Energy Policy Act, the NRC has replaced safety.
Policy Act of 1992 (1992 EPA), which most of its old § 52.103 with the text of Paragraph (d) provides that the
states: section 2802 of that Act. Under the revised
language, any request for a post-construction
Commission will determine the
Following issuance of the combined hearing must show, prima facie, both that appropriate hearing procedures in
license, the Commission shall ensure that the one or more of the acceptance criteria are not accordance with 10 CFR part 2 for any
prescribed inspections, tests, and analyses or will not be met, and those specific hearing under paragraph (a) of this
are performed and, prior to operation of the operational consequences of nonconformance section. Under § 2.309, as adopted by
facility, shall find that the prescribed that would be contrary to providing the Commission in 2004 (69 FR 2182;
acceptance criteria are met. reasonable assurance that the public health January 14, 2004), such a hearing would
Thus, the revisions to this portion of and safety will be adequately protected. The ordinarily be conducted under subpart L
Commission may permit interim operation of of part 2. However, the Commission
the rule in 1992 simply reflected the
a facility pending a hearing if it determines
language of the 1992 EPA. However, the that this assurance exists. The Commission
may direct, in the notice of required by
Commission does not believe that has the discretion to decide if any post- paragraph (a) or in a subsequent order,
Congress, by adopting language in construction hearing will use formal or that any hearing that may be conducted
Section 185 stating that the Commission informal hearing procedures, and it must in a particular combined license
shall ensure that the ITAAC are state publicly the reasons for choosing either proceeding under paragraph (a) use
performed, intended to prohibit the set of procedures. The Commission must other, less formal hearing procedures,
Commission’s long-standing practice of find, prior to operation of the facility, that the consistent with the requirements of the
delegating to the NRC staff the acceptance criteria have been met. AEA. Any such Commission direction is
responsibility for performing the Paragraph (a) of this section is revised consistent with the Commission’s
necessary activities, including audits to require licensees to notify the NRC of statement in the SOC for the 1989 final
and inspections, to ensure that ‘‘the its schedule date for initial loading of part 52 rulemaking (54 FR 15372, 15383;
required inspections, tests, and analyses fuel no later than 270 days before the April 18, 1989) that any hearing held
in the ITAAC are performed.’’ scheduled date and to notify the NRC of under former § 52.103(b)(2)(i)
Accordingly, the language from the 1992 updates to its schedule every 30 days (§ 52.103(b) in this final rule) will use
rule change is retained in this final rule. thereafter. This information will be used informal procedures to the maximum
Paragraph (e)(1) requires the NRC to by the NRC to develop the notice of extent practical and permissible under
publish, at appropriate intervals until intended operation in the Federal law.
the last date for submission of requests Register, which must be published not Paragraph (e) states that the
for hearing under § 52.103(a), notices in less than 180 days before the licensee’s Commission will, to the maximum
the Federal Register of the NRC staff’s initial fuel load date, as required by extent possible, render a decision on
determination of the successful Section 189.a.(1)(B) of the AEA. In issues raised in any hearing request
completion of inspections, tests, and addition, paragraph (a) addresses the within 180 days of the publication of
analyses. Paragraph (e)(2) provides that possibility that an applicant for a the notice or by the anticipated date for
the NRC shall make publicly available combined license may choose to resolve initial fuel load, whichever is later.
Paragraph (f) provides requirements Section 52.105 Transfer of Combined adopted by the Commission in 1975 and
related to the submittal of petitions to License has been used many times.
modify the terms and conditions of a This section states that a combined Section 52.133 Relationship to Other
combined license and states that fuel license may by transferred in Subparts
loading and operation under a accordance with 10 CFR 50.80,
combined license will not be affected by ‘‘Transfer of licenses.’’ Section 50.80 The purpose of this section is to
the granting of a petition unless the provides the requirements regarding explain the relationship of the standard
Commission makes an order application for a license transfer. All design approval process to the processes
immediately effective. license transfers must be approved by set forth in subparts B, C, and F of 10
the Commission. CFR part 52, which provide for design
Paragraph (g) prohibits the licensee
certifications, combined licenses, and
from operating the facility until the Section 52.107 Application for manufacturing licenses. The
Commission makes a finding that the Renewal Commission continues to believe that
acceptance criteria in the combined the best approach for obtaining early
license are met (except for acceptance This section states that an application
to renew a combined license must be in resolution of design issues is through
criteria that the Commission found were the design certification process in
accordance with 10 CFR part 54,
met when the combined license was subpart B of this part. Applicants for a
‘‘Requirements for Renewal of Operating
issued). The NRC believes that the rule design approval have the option of also
Licenses for Nuclear Power Plants.’’
should reflect, as closely as possible, the applying for design certification.
statutory requirement in Section 185.b Section 52.109 Continuation of Applicants for a combined license or a
of the AEA. Although the NRC has Combined License manufacturing license may reference a
historically viewed ‘‘operation’’ as This section, which is analogous to design approval.
including loading of fuel into the § 50.51, provides requirements for a
reactor, the NRC believes it is not Section 52.135 Filing of Applications
combined license facility that has
necessary to change the language of permanently ceased operations and This section explains how to file an
§ 52.103(g) to continue the historical states that the license continues in effect application for a standard design
practice. beyond the expiration date until the approval and how the fees for NRC’s
Paragraph (h) of this section Commission notifies the licensee in review of the application will be
incorporates rule language from the writing that the license is terminated. assessed. Applications are limited to
design certification rules in 10 CFR part During this period, the licensee is final design information, in order to
52 regarding the completion of ITAAC required to decommission and remove the unpredictability of issuing a
(see paragraphs IX.A and IX.B.3 of decontaminate the facility; maintain the construction permit that references only
appendix A to part 52). This paragraph facility, including the spent fuel, in a preliminary design information and
states that ITAAC do not, by virtue of safe condition; and continue to follow initiating construction while the final
their inclusion in the design the NRC’s regulations and the design information is being completed.
certification rule or combined license, provisions of the combined license. Approval of a final standard design
constitute regulatory requirements after Section 52.110 Termination of License ensures early consideration and
the licensee has received authorization resolution of technical matters by the
This section, which is analogous to NRC staff before there is any substantial
to load fuel or for any renewal of the
§ 50.82, provides requirements the commitment of resources, which will
license. However, subsequent termination of a combined license.
modifications to the facility or greatly enhance regulatory stability and
These provisions include a requirement predictability.
procedures described in the FSAR must to notify the NRC within 30 days when
comply with the requirements in a licensee has decided to permanently Section 52.136 Contents of
§ 52.98. cease operations and to submit a Applications; General Information
Section 52.104 Duration of Combined certification to the NRC once fuel has This section identifies the general
License been permanently removed from the information that must be included in all
reactor vessel. This section also requires applications.
This section addresses the duration of decommissioning of the facility within
a combined license which is a period 60 years of permanent cessation of Section 52.137 Contents of
not to exceed 40 years from the date that operations and outlines requirements Applications; Technical Information
the Commission makes the finding that regarding decommissioning activities. The purpose of this section is to
the acceptance criteria in the license are identify the technical information that
Subpart E—Standard Design Approvals
met, in accordance with § 52.103(g). must be included in an application for
Where the Commission has allowed Section 52.131 Scope of Subpart a design approval. Paragraphs (a) and (c)
operation during an interim period This section describes the scope of describe information that must be
under § 52.103(c), the period of this process for design approvals of included in the FSAR, which is
operation is not to exceed 40 years from standard nuclear power plants or major included in the application, and
the date allowing operation during the portions thereof, i.e., a nuclear steam paragraph (b) describes the information
interim period. This provision supply system or balance of plant. that must also be included in the
implements Section 621 of the Energy Under this subpart an applicant may application but does not need to be
Policy Act of 2005 which amended request pre-approval of a standard included in the FSAR. Applications for
Section 103c. of the AEA. The AEA nuclear power plant design, separate a major portion of the plant design, such
provided that the 40 year duration from a site review or other licensing as the nuclear steam supply system,
started on the date that the Commission action, and subsequently have that only need to contain the technical
authorized construction of the facility design approval referenced in an information that is applicable to the
(i.e., the date of issuance of the application to build a nuclear power major portion of the plant for which
combined license). plant. This licensing process was first NRC staff approval is requested.
Many of the requirements in this demonstrate how insights from any appendices, 73, or 100 and that new
section were taken from 10 CFR 50.34 relevant international operating standards may be required to address
or are pointers to technical requirements experience have been incorporated into these new design features. The
in parts 20, 50, and 73 that must be that plant design. Commission will determine whether
addressed in the application. The In its SRMs, dated June 26, 1990, and rulemakings are needed or appropriate
requirements taken from § 50.34 are a July 21, 1993, on SECY–90–16, to resolve generic safety issues that are
subset of the information required of ‘‘Evolutionary Light-Water Reactor applicable to multiple designs.
applicants for construction permits and Certification Issues and their
operating licenses. Other requirements Relationship to Current Regulatory Section 52.141 Referral to the
came from appendix O to part 50 or Requirements,’’ and SECY–93–087, Advisory Committee on Reactor
were created by the Commission during ‘‘Policy, Technical, and Licensing Issues Safeguards (ACRS)
its simultaneous reviews of applications Pertaining to Evolutionary and This section states that the
for design approvals and design Advanced Light-Water Reactor application for design approval shall be
certifications. Designs,’’ respectively, the Commission sent to the ACRS for its review of safety
Although an applicant for design approved NRC staff recommendations issues.
approval does not need to specify a for selected preventative and mitigative
particular site for the nuclear power design features for future light-water Section 52.143 Staff Approval of
plant, which is required in a combined reactor designs. Paragraph (a)(23) Design
license application, it does need to requires the applicant to provide a This section states that upon
identify the site parameters that the description and analysis of those design completion of the NRC staff’s review of
standard nuclear power plant or major features discussed in SECY–90–16 and the standard design and receipt of a
portion thereof is designed to meet, e.g., SECY–93–87. letter report from the ACRS, the staff
postulated values for the safe shutdown Paragraph (a)(U0 ) requires the
shall issue a final safety evaluation
earthquake response spectra and application to describe the interfaces for
report (FSER) and make that report
maximum tornado wind speed. These those design features that are outside
available on the NRC’s Web site. Also,
parameters are usually selected to the scope of the approved design, e.g.,
if the FSER demonstrates that the
envelop a large portion of nuclear plant service water intake structure or
standard design is acceptable, the
sites in the United States. Once the ultimate heat sink or, if the application
Director of the Office of New Reactors
design is approved by the NRC, is for approval of a major portion of the
or the Office of Nuclear Reactor
conformance of the actual site plant design, the interfaces between the
Regulation may issue a final design
characteristics with the established site nuclear steam supply system and the
approval with appropriate terms and
parameters must be demonstrated by an balance of plant.
Paragraph (a)(25) requires the conditions. The NRC’s approval of a
applicant referencing the design
applicant to provide a description of the standard design is commonly referred to
approval and verified by the NRC staff
design-specific PRA and its results. as an FDA because it is an approval of
at the time that the referencing
Guidance on meeting the PRA final design information.
application is submitted, i.e., combined
license application. information requirements will be Section 52.145 Finality of Standard
Paragraph (a)(7) requires the applicant provided in separate regulatory Design Approvals; Information Requests
for design approval to describe its guidance documents.
qualifications to design and analyze a Paragraph (b) requires applications for This section states that a valid FDA
standard nuclear power plant. ‘‘advanced’’ nuclear power plants to must be relied upon by the ACRS and
In its staff requirements memorandum meet the design qualification testing NRR in any review of a license
(SRM) on SECY–90–377, ‘‘Requirements requirements in 10 CFR 50.43(e). application that references the FDA
for Design Certification under 10 CFR Advanced designs differ significantly unless significant new information
part 52,’’ dated February 15, 1991, the from evolutionary light-water reactor substantially affects the staff’s FSER.
Commission stated that information designs or incorporate, to a greater The Commission, Atomic Safety
submitted in an application should extent than evolutionary designs do, Licensing Board Panel, or presiding
incorporate the experience from simplified, inherent, passive, or other officers are not bound by NRC staff
operating events in current designs innovative means to accomplish their determinations in the FDA or FSER for
which we want to prevent in the future. safety functions. Examples of advanced the standard plant design. Therefore,
Therefore, for plant designs that are nuclear power plant designs include there is no issue preclusion in the
based on or are evolutions of nuclear General Atomic’s Modular High mandatory hearing for a combined
plants that have operated in the United Temperature Gas-Cooled Reactor, license that references an FDA. Generic
States, paragraph (a)(22) requires the General Electric’s Simplified Boiling changes to the standard design can be
applicant to demonstrate how relevant Water Reactor, and Westinghouse’s made as a compliance backfit or under
operating experience insights, from AP600. the backfit process in 10 CFR 50.109.
NRC’s generic letters and bulletins Under paragraph (c), the justification for
issued after the most recent revision of Section 52.139 Standards for Review requests for information to FDA holders
the applicable SRP and 6 months before of Applications must be approved by the EDO or his or
the docket date of the application, have This section sets forth the parts of 10 her designee, in accordance with the
been incorporated into the plant design. CFR that contain applicable process set forth in 10 CFR 50.54(f).
Operating experience includes requirements for the technical review of Section 52.147 Section Duration of
consideration of operating events and applications for a design approval. The Design Approval
the reliability and performance of applicability of these requirements is
structures, systems, and components. If specified in the identified parts. The The purpose of this section is to
the application is for a design that is not Commission recognizes that new specify the time period that an FDA can
based on or is not an evolution of a designs may incorporate design features be referenced in a construction permit,
nuclear plant that operated in the that are not addressed by the current operating license, combined license, or
United States, the applicant must standards in 10 CFR parts 20, 50 and its manufacturing license application.
Subpart F—Manufacturing Licenses Section 52.155 Filing of Applications provisions dealing with standard design
This new section is analogous to the certifications, because of the
Section 52.151 Scope of Subpart
‘‘filing of applications’’ sections in commonality with respect to the nature
This new section is analogous to the and scope of NRC approval of the design
‘‘scope of subpart’’ sections in subparts subparts A through C of part 52 (e.g.,
§§ 52.15, 52.45, 52.75). Section 52.155 in both regulatory processes. As with
A through C of part 52 (e.g., §§ 52.13, the existing part 50 licensing process,
52.41, 52.71). Section 52.151 describes addresses who may file an application
and part 52’s combined license and
the general subject matter of subpart F for a manufacturing license, the
standard design certification processes,
as the requirements and procedures administrative requirements with
the manufacturing license application
applicable to NRC issuance of licenses respect to filing (referring to §§ 52.3 and
must include an FSAR. The FSAR
authorizing the manufacture of nuclear 50.30), and the fees for filing and review
contains the information necessary for
power reactors to be installed at sites of the application (referring to 10 CFR
the NRC to determine the safety of the
not identified in the manufacturing part 170). With respect to these matters,
reactor design to be manufactured and
license application. This subpart does a manufacturing license application is
the adequacy of the applicant’s
not cover the manufacture of no different than any other license
proposed means of assuring that the
subcomponents (e.g., a pump or a application under parts 50 or 52, and manufacturing conforms to the design.
reactor pressure vessel) or major the applicant shall comply with all of The FSAR must contain a level of detail
subassemblies (e.g., an integrated these administrative requirements sufficient to permit preparation of
module consisting of a pump, piping (which have been revised as part of the construction and installation
and instrumentation and control) for final rule to refer, as necessary, to specifications by an applicant who
installation in a nuclear power plant, manufacturing licenses). seeks to use the manufactured reactor,
either on a specific site, or being Section 52.156 Contents of and for the NRC to prepare acceptance
delivered for integration into a nuclear Applications; General Information and inspection requirements.
power plant under a manufacturing The information required to be
license issued under this subpart. For This new section is analogous to the included in the manufacturing license
purposes of this subpart, a ‘‘contents of application; general FSAR is largely the same as what is
manufactured ‘‘nuclear power reactor’’ information’’ sections in subparts A required for a design certification or
would not include site-specific SSCs through C of part 52 (e.g., §§ 52.16, combined license, but the requirements
such as the site foundation or SSCs 52.46, 52.77). Section 52.156 requires have been modified as necessary to
related to the ultimate heat sink. that the applicant include the reflect the fact that the design and
information set forth in § 50.33(a) manufacture of a reactor is being
Section 52.153 Relationship to Other through (d) and (j), which are the same
Subparts approved by license, but that the reactor
information required to be supplied by must be transported to a site and
This new section is analogous to the applicants of construction permits, early integrated into site specific plant
‘‘relationship to other subpart’’ sections site permits, operating licenses, and elements in order to operate. In
in subparts A through C of part 52 (e.g., combined licenses. Paragraphs (a) addition, unlike the case with a design
§§ 52.13, 52.43, 52.73). Section 52.153 through (d) of § 50.33 require an certification, the NRC is not
explains how this subpart relates to application to include information distinguishing between evolutionary
other licensing processes in parts 50 and identifying the applicant, including its plants versus more advanced plants
52, as well as to the regulatory name, address, business or occupation, with respect to the level of detail
approvals in part 52. and certain corporate information, required to be developed to support the
A manufactured reactor may only be including whether it is owned, license application. The NRC expects
transported to and installed at a site for controlled, or dominated by an alien, that the designs of all manufactured
which either a construction permit foreign corporation, or foreign plants will be completed at a level of
under part 50 or a combined license government. Paragraph (j) of § 50.33 detail sufficient for: (1) The holder of
under part 52 has been issued to a requires the applicant to segregate and the manufacturing license to develop
licensee, as stated in paragraph (a). protect any Restricted Data or other procurement, construction and
However, the licensing requirements defense information from unclassified installation specifications; and (2) the
associated with transport of a information. Manufacturing license NRC to develop acceptance and
manufactured reactor from its place of applicants should note that there are inspection requirements.
manufacture to the site where it is to be other NRC requirements governing Paragraph (a) requires that the FSAR
installed and operated are not addressed Restricted Data or National Security contain the principal design criteria for
in this rulemaking. Information in other parts of 10 CFR the reactor to be manufactured, and
The NRC will issue a manufacturing Chapter I, including 10 CFR parts 10, references appendix A to 10 CFR part 50
license only if it approves the final 50, and 95. as establishing minimum requirements
design of the reactor to be for the principal design criteria for
manufactured. Paragraph (b) provides Section 52.157 Contents of
water-cooled nuclear power plants. The
that the manufacturing license applicant Applications; Technical Information in
NRC expects to develop technology-
may reference either a standard design Final Safety Analysis Report
neutral design criteria for non-light
certification rule or a standard design This new section is analogous to the water cooled reactor designs in the
approval, in order to speed the NRC’s ‘‘contents of application; technical future. This requirement was drawn
review of the manufacturing license information’’ sections in subparts A from § 50.34(a)(3)(i).
application. The language of paragraph through C of part 52 (e.g., §§ 52.17, Paragraph (b) requires that the FSAR
(b) has been corrected in the final rule 52.47, 52.79). Section 52.157 identifies describe the design bases and the
by deleting the reference to the technical information that must be relation of the design bases to the
‘‘preliminary or final’’ design approvals, included in an application for a principal design criteria that are
inasmuch as the final part 52 rule does manufacturing license. These identified in accordance with paragraph
not provide for preliminary design requirements were modeled on those (a). This requirement was drawn from
approvals. subparts, in particular subpart B’s § 50.34(a)(3)(ii).
Paragraph (c) requires that the FSAR integrated into a nuclear power plant, as Paragraph (f)(U0 ) is reserved to
describe and analyze the structures, in a combined license application, it accommodate any new requirement for
systems, and components of the reactor does need to identify the site the contents of an FSAR submitted as
to be manufactured, with the objective parameters, under paragraph (f)(20), that part of an application for a
of demonstrating that the necessary the manufactured reactor is designed to manufacturing license which the
safety functions will be accomplished. meet, e.g., postulated values for the safe- Commission may adopt in the future.
This requirement was drawn from shutdown earthquake response spectra Paragraph (f)(25) requires FSARs for
§ 50.34(a)(1) and (b)(2), but modified to and maximum tornado wind speed. modular nuclear power plant designs to
reflect the fact that a manufacturing These parameters are usually selected to describe and analyze the various
license represents approval of a final envelop a large portion of nuclear plant options for the configuration of the
reactor design. sites in the United States. Once the multi-reactor nuclear power plant.
Paragraph (d) requires that the FSAR manufacturing license is issued by the Modular nuclear power plant designs
describe the safety features that are NRC, conformance of the actual site are defined in § 52.1. Modular designs
engineered into the reactor. This with the established site parameters are not portions of a single nuclear
requirement was drawn from must be demonstrated by the applicant plant, rather they are separate nuclear
§ 50.34(a)(1)(ii)(D), but modified to referencing the use of the manufactured reactors with some shared or common
reflect the fact that a manufacturing reactor. systems.
license represents approval of a final Paragraph (f)(20) requires the FSAR to Paragraphs (f)(26)(i), (ii), (iii), and (v)
reactor design. describe the interface requirements for focus on FSAR information necessary to
Paragraph (e) requires the FSAR to those design features that are outside demonstrate applicants technical,
describe the kinds and quantities of the scope of the design of the managerial, and organizational
radioactive materials expected to be manufactured reactor, e.g., service water capability and resources to design and
produced in the operation and the intake structure or ultimate heat sink, manufacture a nuclear power reactor
means for controlling and limiting and paragraph (f)(21) requires consistent with the approved design,
radioactive effluents and radiation justification that compliance with the
and in accordance with all applicable
exposures within the limits set forth in requirements.
interface requirements in paragraph (g)
part 20. Paragraph (f)(26)(iv) requires the
can be verified through inspections or
Paragraph (f) requires that the FSAR FSAR to include proposed procedures
include that information necessary to tests (which may be conducted at the for the preparation of the manufactured
establish that the design of the reactor plant where the manufactured reactor is reactor for shipping, the conduct of
to be manufactured complies with 18 utilized, or elsewhere, e.g., the place of shipping, and for verifying the
delineated technical requirements in 10 manufacture) or analysis. This condition of the manufactured reactor
CFR part 50. Applicants and licensees paragraph does not require, however, upon receipt at the site. However, the
should note that the part 50 that the FSAR contain ‘‘acceptance holder of the manufacturing license
requirements listed in paragraph (f) do criteria’’ for determining whether the need not be responsible for
not constitute the sum total of interface requirements have been met. implementing the procedures for
requirements in part 50 for which either Paragraph (f)(22) requires the FSAR to verifying the condition of the reactor
an applicant for or holder of a include a representative conceptual upon receipt at the site. The NRC will
manufacturing license must comply design for the nuclear power facility require the licensee whose application
with in its application and throughout using the manufactured reactor. This referenced the use of the manufactured
the life of its license. Rather, the listed will be used by the NRC in its review reactor to implement the approved
requirements in paragraph (f) simply of the FSAR, to assess the adequacy of verification procedures (this could be
represents the minimum necessary the interface requirements in paragraph done as a license condition). With
content of the FSAR for a manufacturing (g) of this section, and to help the respect to shipping, the holder of the
license. The part 50 requirements listed Commission in determining the manufacturing license may use an agent
in paragraph (e) are mainly applicable to adequacy of the site parameters and (e.g., a shipping company) to transport
LWRs. Potential applicants and design characteristics to be included in the reactor. To ensure that the shipping
licensees should also note that the NRC the manufacturing license. The requirements in the manufacturing
may, in the future, adopt additional conceptual design will not, however, be license are complied with by the third
technical requirements in part 50 approved as part of the manufacturing party transporter, the NRC has included
applicable to LWRs. If the NRC believes license and the Commission does not a provision in § 52.167(c)(2) requiring
that future manufacturing license anticipate directly requiring a nuclear the manufacturing license holder to
holder’s compliance with that new power plant utilizing the manufactured include, in any contract governing the
requirement must be documented and reactor to use the conceptual design. transport of a manufactured reactor from
controlled through the FSAR, the NRC Instead, the Commission intends to use the place of manufacture to any other
will make a conforming change in site parameters, design characteristics, location, a provision requiring that the
§ 52.157 to refer to the new part 50 ITAAC, and interface requirements to person or entity transporting the
requirement. A similar course would ensure that the manufactured reactor manufactured reactor to comply with all
also be followed if the NRC backfits, in will be utilized safely at a specific NRC-approved shipping requirements in
accordance with the finality provisions nuclear power plant. the manufacturing license.
in § 52.171, the new requirement on Paragraph (f)(23) requires the For plant designs that are based on or
existing manufacturing licenses. applicant to provide a description and are evolutions of nuclear plants that
Paragraph (f)(19) requires that the analysis of design features to address have operated in the United States,
FSAR include the site parameters prevention and mitigation of severe paragraph (f)(29) requires the applicant
postulated for the design of the accidents, consistent with the to demonstrate how relevant operating
manufactured reactor. Although an Commission’s SRM on SECY–91–229, experience insights, from NRC’s generic
applicant for a manufacturing license ‘‘Severe Accident Mitigation Design letters and bulletins issued after the
does not need to specify a particular site Alternatives for Certified Standard most recent revision of the applicable
where the manufactured reactor will be Designs,’’ dated October 25, 1991. SRP and 6 months before the docket
date of the application, have been benefits and impacts of constructing and Section 52.163 reiterates the § 2.105
incorporated into the design of the operating the manufactured reactor or requirement that the NRC publish in the
reactor to be manufactured. Operating an evaluation of alternative energy Federal Register a notice of proposed
experience includes consideration of sources, under § 52.163 and § 51.54. action on the application. Apart from
operating events and the reliability and Under § 51.54, the environmental the required Federal Register notice, the
performance of structures, systems, and report for a manufacturing license must Commission also expects to publish on
components. If the application is for a address the costs and benefits of the NRC’s Web site notice of docketing
design that is not based on or is not an SAMDAs that could be incorporated of the application and the opportunity
evolution of a nuclear plant that into the design, and the bases for not to intervene in the proceeding,
operated in the United States, the including SAMDAs into the design. The consistent with the Commission’s
applicant must demonstrate how SAMDA information that must be discussion in the 2004 final part 2
insights from any relevant international included is essentially the same rulemaking (January 14, 2004; 69 FR
operating experience have been information that must be provided to 2182, 2198–99). The section makes
incorporated into that manufactured support an application for a standard clear, consistent with § 51.54, that the
reactor design. design certification. However, if the environmental report submitted by the
Paragraph (f)(31) requires that the application references a standard design manufacturing license applicant need
FSAR include a description of the certification, § 51.54 provides that the not contain an assessment of the
design—specific probabilistic risk manufacturing license’s environmental benefits of constructing and/or
assessment and its results. report need not include the SAMDA operating the manufactured reactor or
Section 52.158 Contents of evaluation. In such a case, the SAMDA an evaluation of alternative energy
Application; Additional Technical determination in the EA for the sources.
referenced design certification would Finally, this section indicates that the
Information
have finality in the manufacturing hearing on the manufacturing license
This new section is analogous, in application will be governed by the
organizational structure, to § 52.80, license proceeding, in accordance with
§ 52.63. procedures in part 2, subparts C, G, L,
‘‘Contents of application; additional and N. The Commission notes that
technical information’’ in subpart C of Section 52.159 Standards for Review although subpart G is listed in this
part 52. of Applications paragraph, it is unlikely that there
Paragraph (a) requires that the would be contentions meeting the
application include inspections, tests, This new section is analogous to the
criteria in § 2.310 (and reiterated in
and analyses that the licensee who will ‘‘standards for review of applications’’
§ 2.700) for conduct of the hearing
be placing the manufactured reactor on sections in subparts A through C of part
under subpart G. This is because the
a site and operating the reactor shall 52 (e.g., §§ 52.18, 52.48, 52.81). Section primary focus of the manufacturing
perform and their associated acceptance 52.159 identifies the regulations that the license proceeding is on the adequacy of
criteria. The purpose of these ITAAC are NRC will use in reviewing an the design to be manufactured, and the
to ensure that: (1) The reactor has been application for a manufacturing license. nature of issues which are most likely
manufactured in conformance with The NRC recognizes that reactors to be to be raised on the design would not
applicable requirements; and (2) the manufactured under a manufacturing ordinarily involve issues of material fact
manufactured reactor, as emplaced at license may incorporate design features relating to either: (1) The occurrence of
the site and integrated into any site- which are inconsistent with current a past activity, where the credibility of
specific portions of the nuclear power requirements in 10 CFR Chapter I, and an eyewitness may reasonably be
plant, will operate in conformance with may require exemptions from current expected to be at issue; or (2) issues of
the design characteristics in the requirements. Such exemptions would motive or intent of the party or
manufacturing license, the license be granted as part of the NRC’s issuance eyewitness which are material to the
authorizing operation of the of the manufacturing license, together resolution of the contested matter.
manufactured reactor, and applicable with alternative requirements
requirements. Paragraph (a)(3), which is (analogous to the ‘‘applicable Section 52.165 Referral to the
analogous to § 52.80(a)(3), provides that regulations’’ provisions in the current Advisory Committee on Reactor
if the manufacturing license references design certifications rules, 10 CFR part Safeguards (ACRS)
a standard design certification, the 52, appendices A–D, Section V). This new section is analogous to the
manufacturing license application may Section 52.161 Reserved ‘‘Referral to the Advisory Committee on
include a notification that one or more Reactor Safeguards’’ sections in subparts
ITAAC in the referenced design This section is reserved to A through C of part 52 (e.g., §§ 52.21,
certification rule has been met. In such accommodate any new requirements on 52.53, 52.87). It provides that the ACRS
a situation, the Federal Register notice the application process for will have the same role with respect to
of docketing a hearing required by manufacturing license which the NRC manufacturing licenses that it has for
§ 52.163 must specifically indicate that may adopt in the future. other nuclear power plant licenses, in
the application includes such a Section 52.163 Administrative Review that it will report on those portions of
notification. of Applications; Hearings the application which concern safety.
Paragraph (b)(1) requires that the
application include an environmental This new section is analogous to the Section 52.167 Issuance of
report meeting the requirements in 10 ‘‘administrative review of applications’’ Manufacturing License
CFR 51.54, which specifies the sections in subparts A through C of part This new section is analogous to the
environmental information that must be 52 (e.g., §§ 52.21, 52.51, 52.85). Section ‘‘issuance’’ sections in subparts A
submitted by a manufacturing license 52.163 specifies that the procedural through C of part 52 (e.g., §§ 52.24,
applicant to support the NRC’s NEPA requirements in 10 CFR part 2 apply to 52.54, 52.97). Paragraph (a) sets forth
review. The Commission notes that the NRC’s processing of an application the timing of issuance of a
environmental report need not include for a manufacturing license, including manufacturing license and the findings
a discussion of assessment of the docketing of the initial application. that the Commission must make in
order to issue the manufacturing modeled on the finality provision for manufacturing license (which ordinarily
license. The findings that must be made standard design certifications. In would apply only to reactors
are similar to those necessary to issue a general, paragraph (a) addresses manufactured after Commission
construction permit, inasmuch as backfitting and finality restrictions on approval of the change), or the holder of
construction is analogous to the NRC, paragraph (b) addresses a license referencing the use of the
manufacturing. The Commission notes finality and standardization restrictions manufactured reactor has obtained
that it reserves the right to withhold applicable to the licensee (i.e., the Commission approval for a change to
issuance of the manufacturing license, holder the manufacturing license), and the design of the specific manufactured
even if all the rules and regulations of paragraph (c) establishes restrictions on reactor(s) utilized by that licensee.
the Commission have been satisfied, certain NRC information collections Paragraph (a)(3) delineates the nature
based on public health and safety or with respect to the manufacturing of finality associated with the
common defense and security license. referencing of a manufactured reactor in
information or considerations not Paragraph (a)(1) states that the subsequent NRC licensing proceedings.
adequately addressed in the Commission may not modify, rescind, This paragraph provides that finality is
Commission’s rules and regulations. or impose new requirements on the accorded to those matters resolved in
Paragraph (b) identifies the specific design of a nuclear power reactor being the proceeding on the issuance or
limitations that the Commission will manufactured, or new requirements for renewal of the manufactured reactor.
include in each manufacturing license. the manufacture of the nuclear power These matters resolved include the
They include technical specifications reactor, unless the Commission adequacy of the design of the
for the operation of each manufactured determines that a modification is manufactured reactor and the
reactor, site parameters, design necessary to either bring the design or acceptability and completeness of the
characteristics, and interface the manufacture of the reactor into ITAAC required by § 52.158(a)(1) to be
requirements, which are to be used by compliance with the Commission’s performed by the licensee operating the
the applicant for and holder of the requirements applicable and in effect at reactor. The matters resolved also
license referencing the use of the the time the manufacturing license was include the SAMDA evaluation
manufactured reactor(s). Ordinarily, the issued, or to provide reasonable prepared by the Commission in
limitations to be included in the assurance of adequate protection to compliance with its obligations under
manufacturing license would be derived public health and safety or common NEPA. This finality extends to both the
from the manufacturing license defense and security. This restriction on Commission’s determinations with
application, but the NRC may modify the Commission applies, inter alia, in respect to specific SAMDA features
the proposed limitations based upon the construction permit, operating license, included in the design of the
NRC’s review. and combined license proceedings manufactured reactor, as well as the
Paragraph (c) restricts the holder of which reference the use of the Commission’s determinations regarding
the manufacturing license from manufactured reactor. It also applies in the lack of need for any other SAMDA
transporting or allowing to be removed any enforcement proceeding initiated by features. Finality is accorded in the
from the place of manufacture the the NRC, or in a rulemaking which following situations: (1) Issuance of a
manufactured reactor except to the site proposes to apply new or changed construction permit, operating license,
of a licensee who holds either a requirements to reactors which have combined license; (2) any hearing under
construction permit or combined license already been manufactured, as well as § 52.103; and (3) enforcement hearings
referencing the use of that manufactured any reactors yet to be manufactured other than those proceedings initiated
reactor. under the manufacturing license. by the Commission under paragraph
However, the restrictions in paragraph (a)(1).
Section 52.169 Reserved
(a)(1) do not apply to NRC information Paragraph (b)(1) requires the holder of
This section is reserved to requests directed at either the a manufacturing license to seek a prior
accommodate any new requirements on manufacturing license holder, or to any NRC review and approval for any
either the issuance of, or activities holder of a license referencing the use change to the design of the nuclear
authorized under a manufacturing of a manufactured reactor; such power plant authorized to be
license which the Commission may information requests are governed by manufactured. The holder of the
adopt in the future. Any new paragraph (c) of this section. manufacturing license may not make a
requirements adopted after issuance of a Paragraph (a)(2) provides that any change to the approved design for
manufacturing license, which are made modification to the design of a manufacture through the provisions of
applicable to that manufacturing manufactured nuclear power reactor § 50.59. A request for a change to the
license, would have to satisfy the which is imposed by the Commission approved design must be in the form of
finality restrictions in § 52.171. under paragraph (a)(1) of this section a license amendment application, and
will be applied to all reactors the application will be processed in
Section 52.171 Finality of
manufactured under the license, accordance with §§ 50.90 through 50.92.
Manufacturing Licenses; Information
including those that have already been The Commission notes, however, that
Requests
manufactured, transported, sited, and the procedures for no significant
This new section is analogous to the are in operation. The only exception hazards consideration (NSHC) are not
variously entitled sections addressing would be for those reactors to which the applicable to manufacturing licenses,
finality and special backfitting Commission-ordered modification had inasmuch as Section 189.a.(2) of the
protections which are in subparts A been rendered technically irrelevant by AEA, which is the statutory authority
through C of part 52 (e.g., §§ 52.39, action taken under paragraph (b) of this for these procedures, does not apply to
52.63, 52.98),15 but is more generally section, i.e., either the holder of the manufacturing licenses.
manufacturing license has requested a Paragraph (b)(2) requires a holder of a

15 The finality provision in § 52.83 performs a
change to the design approved in the license referencing the use of a
different function than the finality sections cited
above, in that it points back to, and thereby re-
manufactured reactor, who wishes to
emphasizes, the primary finality provisions for each 52, e.g., the finality provision in § 52.39 for early depart from the design characteristics,
license or regulatory approval mechanism in part site permits. site parameters, terms and conditions,
or approved design of the manufactured Section 52.173 Duration of §§ 52.29, 52.57, 52.107). Section 52.177
reactor, to seek a departure from the Manufacturing License sets forth the content of an application
NRC. The manner in which a departure This new section is analogous to the for renewal, specifies the administrative
is granted depends upon the timing of variously-entitled sections addressing requirements governing the application,
the request. If a departure is requested duration (term) of each regulatory addresses the effectiveness of a
as part of the initial combined license process in subparts A through C of part manufacturing license during the period
application, the departure would be 52 (e.g., §§ 52.33, 52.61, 52.104). Under of NRC’s consideration of the renewal
treated as part of the application and § 52.173, a manufacturing license may application, summarizes how an
issued as part of the combined license. be issued for not less than 5 nor more interested person may request a hearing
By contrast, if the same departure were than 15 years. Manufacturing of a new on the renewal, and addresses the
sought after the combined license had reactor may not commence less than 3 referral of the renewal application to the
been issued, then the licensee must years before the expiration of the ACRS and the Commission’s
apply for the departure in the form of a manufacturing license, even though a expectations with respect to the ACRS
license amendment. The criteria for timely application for renewal has been report on the application.
granting the departure is the exemption filed in accordance with § 52.177. Section 52.179 Criteria for Renewal
criterion in § 52.7; however, the However, if a timely application for
departure itself is not considered an renewal of the manufacturing license This new section is analogous to the
exemption (unless, of course, the has been docketed, manufacturing of ‘‘criteria for renewal’’ sections in
departure also involves a non- uncompleted reactors whose subparts A and B of part 52 (e.g.,
compliance with an underlying manufacture commenced 3 years or §§ 52.31, 52.59).17 Section 52.179
Commission regulatory requirement in more before the expiration date, may provides that the Commission may grant
10 CFR Chapter I). Thus, the continue past the date of expiration of renewal of a manufacturing license if
Commission will not approve a the license until the NRC acts upon the the Commission determines that the
departure unless the Commission finds, renewal application, consistent with the license complies with the relevant
in addition to the routine exemption ‘‘Timely Renewal’’ doctrine of the provisions of the AEA, the
criteria in § 52.7, that special Administrative Procedures Act. The Commission’s regulations applicable
circumstances outweigh any decrease in NRC believes that timely renewal and in effect at the time the
safety that may result from the protection should only be provided to manufacturing license was originally
reduction in standardization caused by those applications which are of issued, and any new requirements
the departure. As explained earlier, sufficient quality to be docketed. This is which the Commission imposes which:
these limitations are intended to consistent with the requirement in (1) Are necessary for reasonable
maintain the standardization of § 2.109(b) requiring filing of a assurance of adequate protection to
manufactured reactors in operation to ‘‘sufficient’’ application for renewal of public health and safety or common
the extent practicable. The licensee may operating licenses as a prerequisite for defense and security; (2) are necessary
not depart from the design the applicability of the timely renewal for compliance with Commission’s
characteristics, site parameters, terms protection. regulations and orders applicable and in
and conditions, or approved design of Section 52.175 Transfer of effect at the time the manufacturing
the manufactured reactor through the Manufacturing License license was originally issued; or (3)
provisions of § 50.59. represent a substantial increase in
This new section is analogous to the overall protection of the public health
Paragraph (c), which is analogous to variously entitled transfer sections in
§§ 52.39(d), 52.98(g), and 52.145(c), and safety or common defense and
subparts A and C of part 52 (e.g., security and the direct and indirect
provides that NRC information requests §§ 52.28, 52.105).16 Section 52.175
must be evaluated before issuance to costs of implementation are justified in
provides that a manufacturing license light of the increased protection. These
ensure that the burden to be imposed by may be transferred in accordance with
the information request is justified in ‘‘backfitting’’ restrictions are similar
§ 50.80, which constitutes the to—if somewhat narrower than—the
view of the potential safety significance Commission’s common procedures and
of the issue to be addressed, except backfitting restrictions applicable to
criteria governing transfers of nuclear renewal of standard design certification
when the information requests seeks to power plant licenses. The matters to be
verify compliance with the current rules under subpart B of this part.
addressed in a transfer are limited to the
licensing basis of either the matters identified in § 50.80(b), and the Reasonable assurance of adequate
manufacturing license or the transfer would not be an opportunity for protection to public health and safety
manufactured reactor. This paragraph the Commission to reconsider safety and and common defense and security is
applies to information requests directed environmental matters previously provided under this regulatory
at either the holder of the manufacturing resolved, or to address new safety approach, inasmuch as paragraph (b)
license or the holder of a license matters other than the narrow scope of allows the Commission to impose new
referencing the use of a manufactured matters identified in § 50.80(b). requirements which are necessary for
reactor. Information requests may be in common defense and security, or are
the form of a new rule requiring Section 52.177 Application for necessary for compliance with the
submission of information (i.e., a new Renewal Commission’s regulations and orders
information collection and reporting This new section is analogous to the applicable and in effect at the time the
requirement), or in the form of a NRC ‘‘application for renewal’’ sections in manufacturing license was originally
staff request for information. subparts A through C of part 52 (e.g., issued.
Information requests by the staff must

16 A standard design certification is a rule, rather 17 Subpart C does not contain a ‘‘criteria for
be in accordance with 10 CFR 50.54(f)
than a license. Accordingly, there is no ‘‘holder’’ of renewal’’ provision, inasmuch as the renewal
and must be approved by the EDO or his a standard design certification rule and no need for would be governed by 10 CFR part 54, see § 52.107.
or her designee before the request may a provision addressing ‘‘transfer’’ of a standard Part 54 contains a provision, § 54.29, setting forth
be issued. design certification rule. the standards for issuance of renewed licenses.
Section 52.181 Duration of Renewal Appendix A—U.S. Advanced Boiling individual licensees request plant-
Water Reactor specific departures or exemptions from
This new section is analogous to the a referenced standard design
‘‘duration of renewal ’’ sections in Refer to the section-by-section
discussion in the final rule dated May certification (or application). However,
subparts A and B of part 52 (e.g., those plant-specific departures or
§§ 52.33, 52.61).18 Section 52.181 12, 1997 (62 FR 25800).
exemptions are not part of the ‘‘common
specifies the term of a renewed Appendix B—The System 80+ Design design.’’ Therefore, the NRC’s review of
manufacturing license as not less than 5 Refer to the section-by-section those departures and exemptions, as
nor more than 15 years from the date of discussion in the final rule dated May well as NRC hearings on those
expiration of the prior manufacturing 21, 1997 (62 FR 27840). departures and exemptions, would be
license. Thus, a holder of a conducted separately as part of the
manufacturing license with an original Appendix C—The AP600 Design safety review of each individual
term of 15 years, who is granted a 15- Refer to the section-by-section application, and would not be part of
year renewal of the manufacturing discussion in the final rule dated the hearing on the common design
license 4 years before expiration of the December 23, 1999 (64 FR 72002). which would be conducted under
license, will obtain a renewed subpart D of part 2.
manufacturing license of 19 years, Appendix D—The AP1000 Design
representing a 15-year term of the Refer to the section-by-section Section 1
renewed license plus the 4 years discussion in the final rule dated This is a new section specifying that
remaining on its original license. January 27, 2006 (71 FR 4464). its provisions apply to applicants for
Subpart G—Reserved Appendix N—Combined Licenses for combined licenses under subpart C of
Nuclear Power Reactors of Identical part 52. Appendix N of part 50 would
This subpart is reserved for future use Design apply to applicants for construction
by the Commission. Appendix N of part 52 contains the permits and operating licenses who use
Commission’s procedures which may be identical reactor designs.
Subpart H—Enforcement
used by one or more applicants for Section 2
This subpart contains two provisions, combined licenses under part 52, where
§ 52.301 and § 52.303, which are the applications seek to construct and This section, which is analogous to
comparable to former § 52.111 and operate nuclear power reactors of and derived from former § 2 of appendix
§ 52.113, and are analogous to identical design to be located at N, specifies that each application
provisions contained in other parts of 10 multiple sites. The comparable submitted under this appendix must be
CFR Chapter I imposing requirements procedures governing applications for submitted in accordance with the
on regulated entities. construction permits and operating delineated Commission filing
Section 52.301 reiterates, and licenses using identical nuclear power requirements. In addition, to ensure that
provides notice to licensees and reactor designs remain in appendix N of the NRC is clearly informed that the
applicants under part 52 of the 10 CFR part 50. Hearings for applicants wish to have their
Commission’s authority to obtain applications filed under appendix N in application processed under appendix
injunctions or other court orders for the part 52, as well as part 50, are governed N and subpart D of part 2, this section
violations enumerated in this paragraph. by subpart D of part 2. Thus, appendix requires: (1) That each application state
N and subpart D of part 2 are integral the applicant’s intent that the
Section 52.303 provides notice to all application be processed by the NRC
to each other.
persons and entities subject to part 52 The regulations in appendix N of part under appendix N; and (2) that all of the
that they are subject to criminal 52 apply in two situations: (1) Where applications to be treated together under
sanctions for willful violations, the same applicant seeks combined this appendix be listed in each
attempted violations, or conspiracy to licenses at different sites utilizing the application. All of the applications must
violate certain regulations under part identical reactor design; and (2) where be filed simultaneously, which will
52. The regulations for which criminal two or more different applicants each facilitate NRC’s administrative handling
penalties apply are limited to those seek combined licenses at different sites and technical review of the
which establish either a regulatory utilizing the identical reactor design. In applications, as well as efficient
obligation or prohibition. Most of the either situation, there is an identical conduct of the hearing process.
regulations in part 52 are procedural or reactor design. The Commission has
administrative in nature, and therefore Section 3
deliberately used the term, ‘‘nuclear
were listed in § 52.113 as not being power reactor,’’ in appendix N and This section, which is analogous to
subject to criminal sanctions. The subpart D of part 2—as distinguished and derived from former § 3 of appendix
regulations in part 52 which are subject from the term, ‘‘nuclear power plant’’— N, specifies that combined license
to criminal sanctions are §§ 52.4 to make clear that the site-specific applications submitted under this
(Deliberate misconduct), 52.5 (Employee elements, such as the service water appendix must include all of the
protection), 52.6 (Completeness of intake structure or the ultimate heat information required to be submitted in
information), 52.25 (Extent of activities sink, need not be identical in order for a combined license application in
permitted), 52.35 (Use of site for other appendix N and subpart D to apply. §§ 52.77, 52.79, and 50.80(a) and (b), but
purpose), 52.91 (Authorization to The Commission has conformed makes clear that each of the applications
conduct site activities), and 52.110 appendix N and subpart D of part 2 to must identify the common design. The
(Termination of license). use the term, ‘‘identical’’ nuclear power common design may be (but is not
reactor design, and removed references limited to) a standard design

18 Subpart C does not contain a ‘‘duration of
to ‘‘duplicate’’ and ‘‘essentially certification under subpart B of part 52,
renewal’’ provision, inasmuch as the renewal
would be governed in all respects by 10 CFR part
identical.’’ For purposes of appendix N a standard design approval, a ‘‘common
54, see § 52.107. Part 54 contains a provision, and subpart D of part 2, designs for custom design,’’ or a manufactured
§ 54.31, governing the duration of renewed licenses. reactors are ‘‘identical,’’ even if reactor.
The FSAR for each application must publish a single notice of docketing for facilitate the NRC’s licensing process by
either incorporate by reference or those applications. eliminating overlap and ensuring that
include the FSAR for the common the ACRS reports are carefully focused
Section 6
design, including, as applicable, the on the relevant safety issues.
FSAR for the referenced design This is a new section which provides
that the NRC will prepare a separate Section 8
certification or manufactured reactor.
‘‘Include,’’ means that the FSAR may draft and final EIS for each of the This is a new section, which provides
not simply reference the common FSAR; applications. Scoping may be conducted that the Commission shall designate a
the information from the referenced simultaneously but need not be presiding officer to conduct the
FSAR must be included within each conducted jointly (e.g., scoping for an proceeding with respect to the health
application’s FSAR. application at site 1 need not be and safety, common defense and
conducted as part of the same process security, and environmental matters
Section 4 as the scoping for an application for site (i.e., SAMDAs) relating to the common
This is a new section specifying that 2), at least with respect to site-specific design. The presiding officer will
each application must submit an environmental issues. However, for conduct the hearing in accordance with
environmental report which complies environmental issues related to the subpart D of part 2. The presiding
with the applicable provisions of part 51 common design, the NRC has the officer is required to issue a separate
with respect to the content of discretion to conduct joint scoping. The partial initial decision on matters
environmental reports. As an NRC staff is not, however, required to relevant to the common design,
alternative, this section provides that prepare a joint environmental impact consistent with 10 CFR 2.405 in subpart
one or more of the applicants’ statement for the common design. D of part 2. Appeals of the partial initial
This section also addresses the decision are governed by 10 CFR 2.341,
environmental reports may incorporate
content of an EIS when the applications as provided by 10 CFR 2.405. The NRC
by reference a single environmental
reference either a standard design also notes that issues on the contested
report describing the environmental
certification or the use of a design may not be relitigated in a
impacts of the common design at each
manufactured reactor of common different phase of the hearing except on
of the sites.
design. In either case, the NRC has the basis of significant new information
Section 5 already prepared and finalized an EA
that substantially affects the
which addresses SAMDAs. This
This is a new section specifying that, conclusion(s) reached at the other phase
SAMDA analysis is accorded finality
upon a determination that each or other good cause. See 10 CFR 2.406.
under the provisions of §§ 52.63 and
application is acceptable for docketing, 52.171, respectively. Therefore, the EIS VII. Availability of Documents
each application will be docketed and a for each of the applications must
notice of docketing will be published in The NRC is making the documents
reference the relevant environmental
the Federal Register in accordance with identified below available to interested
assessment containing the SAMDA
10 CFR 2.104. The notice of docketing persons through one or more of the
analysis.
must state that the application will be following methods as indicated.
processed under the provisions of Section 7 Public Document Room (PDR). The
appendix N. Separate notices of This section, which is analogous to NRC Public Document Room is located
docketing are contemplated, so that a and derived from former § 1 of appendix at 11555 Rockville Pike, Rockville,
problem with acceptance review of one N, provides direction to the ACRS with Maryland.
application will not prevent the respect to their report on each of the Rulemaking Web site (Web). The
docketing and initiation of the NRC’s combined license applications. The NRC’s interactive rulemaking Web site
technical review of the other ACRS must issue a separate report on is located at http://ruleforum.llnl.gov.
applications determined to be sufficient the safety of the common design, except These documents may be viewed and
and acceptable for docketing. This could in those instances where the downloaded electronically via this Web
occur, for example, if information, applications are referencing either a site.
submitted by an applicant which is standard design certification or NRC’s Public Electronic Reading
unrelated to the common design, is manufactured reactor (of common Room (EPDR). The NRC’s electronic
determined by the NRC to be design). In addition, the ACRS must public reading room is located at
insufficient. However, if the issue a separate report for each http://www.nrc.gov/reading-rm.html.
applications are determined to be application. This report must be limited The NRC staff contact. Nanette V.
acceptable for docketing, § 5 provides to those matters which are not relevant Gilles, Mail Stop O–4D9A, Washington,
the Commission with the discretion to to the common design. This will DC 20555–0001, 301–415–1180.
Document PDR Web EPDR NRC staff
Part 52 Rule, Cross-Reference Tables ........................................................... X ML062550246 X

Comments received ......................................................................................... X X X
Comment Summary Report ............................................................................. ML063450216
Regulatory Analysis ......................................................................................... X X ML071490350 X
Regulatory History Index for the proposed July 2003 rule .............................. ML032810026
Regulatory History Index for the March 13, 2006, proposed rule ................... ML062080575
VIII. Agreement State Compatibility became effective on September 3, 1997 NRC, or adequacy category, Health and
(62 FR 46517), NRC program elements Safety (H&S). Category A includes
Under the ‘‘Policy Statement on (including regulations) are placed into program elements that are basic
Adequacy and Compatibility of compatibility categories A, B, C, D, radiation protection standards or related
Agreement State Programs’’ which
definitions, signs, labels, or terms basis. Compatibility Category D includes provisions solely for the purposes of
necessary for a common understanding those program elements that do not notification, and does not exercise any
of radiation protection principles and meet any of the criteria of Category A, regulatory authority pursuant to them.
should be essentially identical to those B, or C, and do not need to be adopted Category H&S include program elements
of NRC. Category B includes program by Agreement States. Compatibility that are not required for compatibility,
elements that have significant direct Category NRC includes program but have a particular health and safety
transboundary implications and should elements that address areas reserved to role in the regulation of agreement
be essentially identical to those of the the Commission and cannot be material and the State should adopt the
NRC. Compatibility Category C includes relinquished to Agreement States essential objectives of the NRC program
program elements that do not meet the pursuant to the Atomic Energy Act or elements. In addition, a State should not
criteria of Category A or B, but the provisions of Title 10 of the Code of
adopt provisions that would preclude,
essential objectives of which an Federal Regulations. An Agreement
or effectively preclude, a practice
Agreement State should adopt to avoid State may inform its licensees of certain
conflict, duplication, gaps, or other of these NRC provisions through a authorized by the Atomic Energy Act,
conditions that would jeopardize an mechanism that is appropriate under and in the national interest. The
orderly pattern in the regulation of the State’s administrative procedure proposed revisions are categorized as
agreement material on a nationwide laws as long as the State adopts these follows:
LIST OF CHANGES 10 CFR PART 52 FINAL RULEMAKING

Description new,
Sections Compatibility designation Comments regarding compatibility designation
changes
10 CFR Part 1 ................. Statement of Organiza- D .................................... This provision is designated Category D because it does not
tion and General Infor- meet any of the criteria of Category A, B, or C. A State
mation. may adopt similar provisions to reflect their organizational
structure and may wish to inform its licensees of the provi-
sions of this part through a mechanism that is appropriate
under the State’s administrative procedure laws.
10 CFR Part 2—Rules of
Practice for Domestic
Licensing Proceedings
and Issuance of Orders
2.1 ............................. Scope ............................ D, except portions of These provisions are designated Compatibility Category D
these provisions are because they do not meet any of the criteria of Category A,
NRC. B, or C. A State may adopt similar provisions that are com-
patible with the orderly pattern of regulation established by
the Atomic Energy Act, as amended (Act) and are con-
sistent with their regulatory authority. Those portions of the
provision that address areas reserved to the NRC, e.g., 10
CFR Part 52 standard design approvals, are designated as
a Compatibility Category NRC. A State should not adopt
provisions that would confer regulatory authority to the
State in an area of exclusive NRC jurisdiction pursuant to
the Act, 10 CFR 8.4, 10 CFR Part 150, and other Federal
laws, regulations, or provisions.
2.4—Definitions ........ Contested proceeding ... D, except portions of the This definition is designated Category D because it does not
definition are NRC. meet any of the criteria of Category A, B, or C. A State
may adopt a similar definition that is compatible with the or-
derly pattern of regulation established by the Atomic En-
ergy Act, as amended (Act) and is consistent with their reg-
ulatory authority. Those portions of the definition that ad-
dress areas reserved to the NRC, e.g., 10 CFR Part 52 ac-
tivities, are designated as a Compatibility Category NRC. A
State should not adopt provisions that would confer regu-
latory authority to the State in an area of exclusive NRC ju-
risdiction pursuant to the Atomic Energy Act, 10 CFR 8.4,
10 CFR Part 150, and other Federal laws, regulations, or
provisions.
License .......................... NRC ............................... This definition is designated Compatibility Category NRC be-
cause it addresses areas reserved to the NRC. A State
should not adopt provisions that would confer regulatory
authority to the State in an area of exclusive NRC jurisdic-
tion pursuant to the Atomic Energy Act, 10 CFR 8.4, 10
CFR Part 150, and other Federal laws, regulations, or pro-
visions. For purposes of compatibility, States should use
the language of the 10 CFR 20.1003 definition, except
those portions of the definition that reference areas re-
served to the NRC, e.g., 10 CFR Parts 50, 60, 63, and 72,
are designated as a Compatibility Category NRC.

Licensee ........................ [D] .................................. This definition also appears in 10 CFR 20.1003. For purposes
of compatibility, the language of the Part 20 definition
should be used where it is assigned to Compatibility Cat-
egory D.
LIST OF CHANGES 10 CFR PART 52 FINAL RULEMAKING—Continued

Description new,
changes
2.100 thru 2.390 ....... All of the sections cov- D, except portions of These provisions are designated Compatibility Category D
ered by Subparts A, these provisions are because they do not meet any of the criteria of Category A,
B, and C. NRC. B, or C. A State may adopt similar provisions that are com-
CFR Parts 50, 51, 52, 53, 54, 55, 60, 63, 72, 73, and 76,
are designated as a Compatibility Category NRC. A State
tion pursuant to the Act, 10 CFR 8.4, 10 CFR Part 150,
and other Federal laws, regulations, or provisions.
2.400 thru 2.629 ....... All of the sections cov- NRC, for all of the sec- These provisions are designated Compatibility Category NRC
ered by Subparts D, tions. because they address areas reserved to the NRC. A State
E, and F. should not adopt provisions that would confer regulatory
visions.
2.800 ......................... Scope and applicability D, except portions of These provisions are designated Compatibility Category D
CFR Part 52, are designated as a Compatibility Category
NRC. A State should not adopt provisions that would confer
regulatory authority to the State in an area of exclusive
NRC jurisdiction pursuant to the Act, 10 CFR 8.4, 10 CFR
Part 150, and other Federal laws, regulations, or provi-
sions.
2.801 ......................... Initiation of rulemaking .. D, except portions of These provisions are designated Compatibility Category D
CFR Part 52, are designated as a Compatibility Category
NRC. A State should not adopt provisions that would confer
regulatory authority to the State in an area of exclusive
sions.
2.811 ......................... Filing of standard design NRC ............................... This provision is designated Compatibility Category NRC be-
certification applica- cause it addresses an area reserved to the NRC. A State
tion, required copies. should not adopt provisions that would confer regulatory
visions.
2.813 ......................... Written communications NRC ............................... This provision is designated Compatibility Category NRC be-
cause it addresses an area reserved to the NRC. A State
visions.
2.815 ......................... Docketing and accept- NRC ............................... This provision is designated Compatibility Category NRC be-
ance review. cause it addresses an area reserved to the NRC. A State

visions.

Description new,
changes
2.817 ......................... Withdrawal of applica- NRC ............................... This provision is designated a Compatibility Category NRC
tion. because it addresses an area reserved to the NRC. A
provisions.
2.819 ......................... Denial of application for NRC ............................... This provision is designated Compatibility Category NRC be-
failure to supply infor- cause it addresses an area reserved to the NRC. A State
mation. should not adopt provisions that would confer regulatory
visions.
2.1202 ....................... Authority and role of NRC ............................... This provision is designated Compatibility Category NRC be-
NRC staff. cause it addresses an area reserved to the NRC. A State
visions.
2.1211—[Removed]..
10 CFR Part 10 ............... Criteria and procedures NRC for all sections ...... These provisions are designated Compatibility Category NRC
for determining eligi- because they address areas reserved to the NRC. A State
bility for access to re- should not adopt provisions that would confer regulatory
stricted data or na- authority to the State in an area of exclusive NRC jurisdic-
tional security information pursuant to the Atomic Energy Act, 10 CFR 8.4, 10
tion or an employment CFR Part 150, and other Federal laws, regulations, or pro-
clearance. visions.
10 CFR Part 19—Notices,
Instructions and Re-
ports to Workers: In-
spection and Investiga-
tions
19.1 ........................... Purpose ......................... D .................................... This provision is designated Category D because it does not
meet any of the criteria of Category A, B, or C. A State
may adopt a similar provision that is compatible with the or-
ergy Act, as amended (Act) and are consistent with their
regulatory authority.
19.2 ........................... Scope ............................ D, except portions of the This provision is designated Compatibility Category D be-
provisions in (a)(1), cause it does not meet any of the criteria of Category A, B,
(a)(2), (a)(3), and or C. A State may adopt similar provisions that are compat-
(a)(4) are designated ible with the orderly pattern of regulation established by the
as NRC. Atomic Energy Act, as amended (Act) and are consistent
with their regulatory authority. Those portions of the provi-
sion that address areas reserved to the NRC, e.g., 10 CFR
Parts 50, 51, 52, 53, 54, 60, 63, 72, and 76, are designated
as a Compatibility Category NRC. A State should not adopt
the Act, 10 CFR 8.4, 10 CFR Part 150, and other Federal
laws, regulations, or provisions.
19.3—Definitions ...... License .......................... D, except portions of the This definition is designated Category D because it does not
dress areas reserved to the NRC, e.g., 10 CFR Parts 50,
51, 52, 53, 54, 55, 60, 63, 72, 73, and 76, are designated
as a Compatibility Category NRC. A State should not adopt
the Atomic Energy Act, 10 CFR 8.4, 10 CFR Part 150, and
other Federal laws, regulations, or provisions. This defini-
tion appears in 10 CFR 20.1003. For purposes of compat-
ibility, States should use the language of the Part 20 defini-
tion, which is assigned a Compatibility Category D.

Description new,
changes
Regulated activities ....... D .................................... This definition is designated Category D because it does not
ulatory authority.
Regulated entities .......... D, except portions of the This definition is designated Category D because it does not
dress areas reserved to the NRC are designated Compat-
ibility Category NRC. A State should not adopt provisions
that would confer regulatory authority to the State in an
area of exclusive NRC jurisdiction pursuant to the Atomic
Energy Act, 10 CFR 8.4, 10 CFR Part 150, and other Fed-
eral laws, regulations, or provisions.
Worker ........................... C .................................... This definition is designated Compatibility Category C be-
cause of its role in effective communication, dose moni-
toring, and commerce (transboundary). A State should
adopt definitions that are compatible with the orderly pat-
tern of regulation established by the Atomic Energy Act, as
amended (Act) and are consistent with their regulatory au-
thority. The essential objectives of this definition should be
adopted.
19.11 ......................... Posting of Notices to C, except portions of This provision is designated Compatibility Category C be-
workers. paragraph (a), and all cause it is needed to provide a minimum level of informa-
of paragraphs (b) and tion to workers and to assure that this information is con-
(e) are designated as sistent from one jurisdiction to another since workers may
NRC. work in multiple jurisdictions. A State should adopt provi-
sions that are compatible with the orderly pattern of regula-
tion established by the Atomic Energy Act, as amended
(Act) and are consistent with their regulatory authority. The
essential objectives of this definition should be adopted.
Those portions of paragraph (a) that reference 10 CFR Part
52 activities, and paragraphs (b) and (e) address areas re-
served to the NRC, and are designated Compatibility Cat-
egory NRC. A State should not adopt provisions that would
confer regulatory authority to the State in an area of exclu-
sive NRC jurisdiction pursuant to the Act, 10 CFR 8.4, 10
visions.
19.14 ......................... Presence of representa- C, except paragraph (a) This provision is designated Compatibility Category C be-
tives of licensees and is designated as NRC. cause it is needed to provide a minimum level of consist-
workers during inspec- ency from one jurisdiction to another since workers may
tions. work in multiple jurisdictions. A State should adopt provi-
sions that are compatible with the orderly pattern of regula-
tion established by the Atomic Energy Act, as amended
(Act) and are consistent with their regulatory authority.
Paragraph (a) addresses areas reserved to the NRC, and
is designated Compatibility Category NRC. A State should
not adopt provisions that would confer regulatory authority
to the State in an area of exclusive NRC jurisdiction pursu-
ant to the Act, 10 CFR 8.4, 10 CFR Part 150, and other
Federal laws, regulations, or provisions.
19.20 ......................... Employee protection ...... D, except portions of the This provision is designated Compatibility Category D be-
provision are NRC. cause it does not meet any of the criteria of Category A, B,
or C. A State may adopt provisions that are compatible with
the orderly pattern of regulation established by the Atomic
Energy Act, as amended (Act) and are consistent with their
regulatory authority. Those portions of the provision that
address areas reserved to the NRC, e.g., 10 CFR Parts 50,
52, 54, 60, 63, 72, and 76, are designated as a Compat-

area of exclusive NRC jurisdiction pursuant to the Act, 10
CFR 8.4, 10 CFR Part 150, and other Federal laws, regula-
tions, or provisions.

Description new,
changes
19.31 ......................... Application for exemp- D .................................... This provision is designated Category D because it does not
tions. meet any of the criteria of Category A, B, or C. A State
may adopt provisions that are compatible with the orderly
pattern of regulation established by the Atomic Energy Act,
as amended (Act) and are consistent with their regulatory
authority.
19.32 ......................... Discrimination prohibited D .................................... This provision is designated Category D because it does not
may adopt provisions that are compatible with the orderly
authority.
10 CFR Part 20—Stand-
ards of Protection
20.1002 ..................... Scope ............................ D, except portions of the This provision is designated Compatibility Category D be-
provision are des- cause it does not meet any of the criteria of Category A, B,
ignated as NRC. or C. A State may adopt provisions that are compatible with
the orderly pattern of regulation established by the Atomic
Energy Act, as amended (Act) and are consistent with their
regulatory authority. Those portions of the provision that
52, 54, 60, 63, 72, and 76, are designated as a Compat-
area of exclusive NRC jurisdiction pursuant to the Act, 10
CFR 8.4, 10 CFR Part 150, and other Federal laws, regula-
tions, or provisions.
20.1401 ..................... General provisions and C, except portions of the This provision is designated Compatibility Category C be-
scope. provision are des- cause it is needed to provide a minimum level of consist-
ignated as NRC. ency regarding decommissioning activities. A State should
adopt provisions that are compatible with the orderly pat-
tern of regulation established by the Atomic Energy Act, as
thority. The essential objectives of these provisions should
be adopted by States. Those portions of the provision that
52, 54, 60, 63, and 72, are designated as a Compatibility
Category NRC. A State should not adopt provisions that
would confer regulatory authority to the State in an area of
exclusive NRC jurisdiction pursuant to the Act, 10 CFR 8.4,
provisions.
20.1406 ..................... Minimization of contami- C, except portions of This provision is designated Compatibility Category C be-
nation. paragraph (a) and all cause it is needed to provide a minimum level of safety re-
of paragraph (b) are garding decommissioning activities. A State should adopt
designated as NRC. provisions that are compatible with the orderly pattern of
regulation established by the Atomic Energy Act, as
thority. The essential objectives of these provisions should
be adopted by States. Those portions of paragraph (a) that
reference 10 CFR Part 52 activities, and paragraphs (b) ad-
dress areas reserved to the NRC, and are designated
Compatibility Category NRC. A State should not adopt pro-
visions that would confer regulatory authority to the State in
an area of exclusive NRC jurisdiction pursuant to the Act,
10 CFR 8.4, 10 CFR Part 150, and other Federal laws, reg-
ulations, or provisions.

Description new,
changes
20.2203 ..................... Reports of exposures, C paragraphs (a) and Paragraphs (a) and (b) are designated Compatibility Category
etc., exceeding the (b). C, because they are needed to provide a common under-
limits. NRC paragraphs (c) and standing in collecting and reporting information on the regu-
(d). lation of agreement material on a nationwide basis. A State
should adopt provisions that are compatible with the orderly
authority. The essential objectives of these provisions
should be adopted by States. Paragraphs (c) and (d) ad-
dress NRC exclusive areas of authority are designated
Compatibility Category NRC, and should not be adopted by
States. A State should not adopt provisions that would con-
fer regulatory authority to the State in an area of exclusive
sions.
10 CFR Part 21 ............... Reporting of Defects Not applicable for all The provisions in Part 21 are derived from statutory authority
and Noncompliance. sections. in the Energy Reorganization Act, not the Atomic Energy
Act, which does not apply to Agreement States. Therefore,
this part cannot be addressed under either compatibility or
adequacy. While it may be argued that there are health and
safety reasons to require States to adopt the provisions of
Part 21, States may not have the statutory authority to do
so. States that have the statutory authority to implement
provisions similar to those in Part 21 may adopt similar pro-
visions consistent with their regulatory authority but should
not address areas of exclusive NRC jurisdiction.
10 CFR Part 25 ............... Access Authorization ..... NRC for all sections ...... These provisions are designated a Compatibility Category
NRC because they address areas reserved to the NRC. A
provisions.
10 CFR Part 26 ............... Fitness for Duty Pro- NRC for all sections ...... These provisions are designated a Compatibility Category
grams. NRC because they address areas reserved to the NRC. A
provisions.
10 CFR Part 50 ............... Domestic Licensing of NRC for all sections ...... These provisions are designated a Compatibility Category
Production and Utiliza- NRC because they address areas reserved to the NRC. A
tion Facilities. State should not adopt provisions that would confer regu-
provisions.
10 CFR Part 51 ............... Environmental Protec- NRC for all sections ...... These provisions are designated a Compatibility Category
tion Regulation for Do- NRC because they address areas reserved to the NRC. A
mestic Licensing and State should not adopt provisions that would confer regu-
Related Regulatory latory authority to the State in an area of exclusive NRC ju-
Functions. risdiction pursuant to the Atomic Energy Act, 10 CFR 8.4,
provisions.
10 CFR Part 52 ............... Licenses, Certifications, NRC for all sections ...... These provisions are designated a Compatibility Category
and Approvals For NRC because they address areas reserved to the NRC. A
Nuclear Power Plants. State should not adopt provisions that would confer regu-
provisions.
10 CFR Part 54 ............... Requirements for Re- NRC for all sections ...... These provisions are designated a Compatibility Category
newal of Operating Li- NRC because they address areas reserved to the NRC. A
cense for Nuclear State should not adopt provisions that would confer regu-
Power Plants. latory authority to the State in an area of exclusive NRC ju-
provisions.

Description new,
changes
10 CFR Part 55 ............... Operators License ......... NRC for all sections ...... These provisions are designated a Compatibility Category
NRC because they address areas reserved to the NRC. A
provisions.
10 CFR Part 72 ............... Licensing Requirements NRC for all sections ...... These provisions are designated a Compatibility Category
for Independent Stor- NRC because they address areas reserved to the NRC. A
age of Spent Nuclear State should not adopt provisions that would confer regu-
Fuel and High-level latory authority to the State in an area of exclusive NRC ju-
Radioactive Waste risdiction pursuant to the Atomic Energy Act, 10 CFR 8.4,
and Greater than 10 CFR Part 150, and other Federal laws, regulations, or
Class C. provisions.
10 CFR Part 73 ............... Physical Protection of NRC for all sections ...... These provisions are designated a Compatibility Category
Plants and Materials. NRC because they address areas reserved to the NRC. A
provisions.
10 CFR Part 75 ............... Safeguards on Nuclear NRC for all sections ...... These provisions are designated a Compatibility Category
Material—Implementa- NRC because they address areas reserved to the NRC. A
tion of US/IAEA State should not adopt provisions that would confer regu-
Agreement. latory authority to the State in an area of exclusive NRC ju-
provisions.
10 CFR Part 95 ............... Facility Security Clear- NRC for all sections ...... These provisions are designated a Compatibility Category
ance and Safe- NRC because they address areas reserved to the NRC. A
guarding of National State should not adopt provisions that would confer regu-
Security Information latory authority to the State in an area of exclusive NRC ju-
and Restricted Data. risdiction pursuant to the Atomic Energy Act, 10 CFR 8.4,
provisions.
10 CFR Part 140 ............. Financial Protection Re- NRC for all sections ...... These provisions are designated a Compatibility Category
quirements and In- NRC because they address areas reserved to the NRC. A
demnity Agreements. State should not adopt provisions that would confer regu-
provisions.
10 CFR Part 170 ............. Fees for Facilities, Mate- D .................................... These provisions are designated a Category D because they
rials, Import and Ex- do not meet any of the criteria of Category A, B, or C. A
port Licenses, and State may adopt similar provisions that are compatible with
Other Regulatory the orderly pattern of regulation established by the Atomic
Services under the Energy Act, as amended (Act) and are consistent with their
Atomic Energy Act of regulatory authority.
1954, as Amended.
10 CFR Part 171 ............. Annual Fees: For Reac- D .................................... These provisions are designated a Category D because they
tor Licenses and Fuel do not meet any of the criteria of Category A, B, or C. A
Cycle Licenses and State may adopt similar provisions that are compatible with
Material Licenses, In- the orderly pattern of regulation established by the Atomic
cluding Holders of Energy Act, as amended (Act) and are consistent with their
Certificates of Compli- regulatory authority.
ance, Registrations,
and Quality Assurance
Program Approvals
and Government
Agencies Licensed by
NRC.
IX. Voluntary Consensus Standards consensus standards bodies unless approvals, standard design
The National Technology Transfer using such a standard is inconsistent certifications, combined licenses, and
and Advancement Act of 1995, Pub. L. with applicable law or is otherwise manufacturing licenses to make certain
104–113, requires that Federal agencies impractical. In this rule, the NRC is corrections and changes based on the
use technical standards that are revising the procedural requirements for experience of the previous design
developed or adopted by voluntary early site permits, standard design certification reviews and on discussions
with stakeholders on these licensing XI. Paperwork Reduction Act Consistent with the Regulatory Analysis
processes. These procedural Statement Guidelines, the NRC performed an
requirements for rulemaking do not This final rule contains new or aggregate analysis of the rule. The
establish standards or substantive amended information collection analysis is based on the assumption that
requirements with which all applicants requirements contained in 10 CFR parts the NRC will receive 19 COL
and licensees must comply. In addition, 21, 25, 50, 51, 52, and 54 that are subject applications during the next 3 years and
portions of this rulemaking make to the Paperwork Reduction Act of 1995 1 COL application per year over the next
conforming changes to regulatory (44 U.S.C. 3501 et seq.). These 17 years. The net present value of the
requirements throughout 10 CFR requirements were approved by the part 52 rule modifications are estimated
Chapter I, such as access to national Office of Management and Budget
to result in costs to the industry of
security information and the procedures $58,992 K and $30,952 K using a 3-
approval numbers 3150–0035, 3150–
governing the conduct of hearings in percent and a 7-percent discount rate,
0046, 3150–0011, 3150–0021, 3150–
proceedings. These changes also do not respectively. The provisions of the rule
0151, and 3150–0155. The changes to 10
establish standards or substantive relating to part 21 are estimated to result
CFR parts 19, 20, 26, 55, 72, 73, 75, 95,
requirements with which all applicants in net present value costs of $3,873 K
and 140 do not contain new or amended
and licensees must comply. Finally, and $2,363 K to the industry, using a 3-
information collection requirements.
portions of this rulemaking make percent and a 7-percent discount rate,
Existing requirements were approved by
conforming changes to technical respectively. The net present value of
the Office of Management and Budget,
requirements throughout 10 CFR the entire rule is estimated to result in
approval numbers 3150–0044, 3150–
Chapter I, in order to make clear their net costs to the industry of $29,726 K
applicability to applicants and licensees 0014, 3150–0146, 3150–0018, 3150– and $204 K at a 3-percent and a 7-
under part 52. Inasmuch as the purpose 0132, 3150–0002, 3150–0055, 3150– percent discount rate, respectively. In
of this rulemaking was not to establish 0047, and 3150–0039. addition, the rule is estimated to be a
The burden to the public for the
or fundamentally alter these technical one time net present value savings to
requirements, the Commission information collections in 10 CFR part the NRC of $10,443 K.
considers it impractical to perform a 52 is estimated to average 11,277 hours
per response. This includes the time for XIII. Regulatory Flexibility
reassessment of the fundamental nature
reviewing instructions, searching Certification
of these technical requirements in this
rulemaking. In addition, this rule existing data sources, gathering and In accordance with the Regulatory
amends certain portions of the three maintaining the data needed, and Flexibility Act (5 U.S.C. 605(b)), the
design certification regulations in 10 completing and reviewing the Commission certifies that this rule will
CFR part 52, appendices A, B, and C (for information collection. Send comments not have a significant economic impact
U.S. ABWR, System 80+, and AP600 on any aspect of these information on a substantial number of small
designs, respectively). Design collections, including suggestions for entities. This rule affects only the
certifications are not generic reducing the burden to the records and licensing of nuclear power plants. The
rulemakings in the sense that design FOIA/Privacy Services Branch (T–5 F53, companies that will apply for an
certifications do not establish standards U.S. Nuclear Regulatory Commission, approval, certification, permit, site
or requirements with which all Washington, DC 20555–0001), or by report, or license in accordance with the
applicants and licensees must comply. Internet electronic mail to regulations affected by this rule do not
Rather, design certifications are INFOCOLLECTS@NRC.GOV; and to the fall within the scope of the definition of
Commission approvals of specific Desk Officer, Office of Information and ‘‘small entities’’ set forth in the
nuclear power plant designs by Regulatory Affairs, NEOB–10202 (3150– Regulatory Flexibility Act or the size
rulemaking. Furthermore, design 0035, 3150–0046, 3150–0011, 3150– standards established by the NRC (10
certification rulemakings are initiated 0151, and 3150–0155 with revised CFR 2.810).
by an applicant for a design information collection requirements),
Office of Management and Budget, XIV. Backfit Analysis
certification, rather than the NRC. For
these reasons, the Commission Washington, DC 20503. The NRC has determined that the
concludes that this action does not backfit rule does not apply to this rule
Public Protection Notification
constitute the establishment of a and, therefore, a backfit analysis is not
The NRC may not conduct or sponsor, required, because the rule does not
standard that contains generally
and a person is not required to respond contain any provisions that would
applicable requirements.
to, a request for information or an impose backfitting as defined in the
X. Environmental Impact—Categorical information collection requirement backfit rule, 10 CFR 50.109.
Exclusion unless the requesting document There are no current holders of
The NRC has determined that these displays a currently valid OMB control combined licenses or manufacturing
amendments fall within the types of number. licenses that are protected by the
actions described as categorical backfitting restrictions in §§ 50.109,
XII. Regulatory Analysis
exclusions 10 CFR 51.22(c)(1), (c)(2), 52.39, 52.98, or 52.171. To the extent
The Commission has prepared a that this rule revises the requirements
and (c)(3). Therefore, neither an
regulatory analysis on this final rule. for future early site permits, standard
environmental impact statement nor an
environmental assessment has been design certifications, combined licenses,
amendments are in a new 10 CFR part 52 rather standard design approvals and
prepared for this regulation.19 than in 10 CFR part 50. The amendments are, in
fact, amendments to the 10 CFR part 50 procedures
manufacturing licenses for nuclear
19 When 10 CFR part 52 was issued in 1989, the and could have been placed in that part.’’ The power plants, these revisions do not
NRC determined that the regulation met the categorical exclusion for the current proposed constitute backfits because they are
eligibility criteria for the categorical exclusion set change to 10 CFR part 52 is consistent with the prospective in nature and the backfit
forth in 10 CFR 51.22(c)(3). As stated in the Federal original categorical exclusion determination. To
Register notice for the final rule (54 FR 15384; April ensure that future changes in part 52 are
rule is not intended to apply to every
18, 1989), ‘‘It makes no substantive difference for categorically excluded, this rule contains an NRC action which substantially changes
the purpose of the categorical exclusion that the appropriate change to § 51.22(c)(3). the expectations of future applicants.
The NRC issued the first early site material, Classified information, 10 CFR Part 52
permits prior to the effective date of this Environmental protection, Nuclear Administrative practice and
final part 52 rule. In addition, there are materials, Nuclear power plants and procedure, Antitrust, Backfitting,
applications for early site permits reactors, Penalties, Sex discrimination, Combined license, Early site permit,
currently being considered by the NRC. Source material, Special nuclear Emergency planning, Fees, Inspection,
As discussed elsewhere, the NRC has material, Waste treatment and disposal. Limited work authorization, Nuclear
included a ‘‘grandfathering provision’’ power plants and reactors, Probabilistic
10 CFR Part 10
in the final part 52 rulemaking which risk assessment, Prototype, Reactor
provides that the early site permit Administrative practice and siting criteria, Redress of site, Reporting
provisions in subpart A of part 52 do procedure, Classified information, and recordkeeping requirements,
not apply to early site permits whose Government employees, Security Standard design, Standard design
applications were docketed before the measures. certification.
effective date of the final part 52 10 CFR Part 19
rulemaking, unless requested by the 10 CFR Part 54
early site permit applicant. This Criminal penalties, Environmental Administrative practice and
grandfathering provision prohibits any protection, Nuclear materials, Nuclear procedure, Age-related degradation,
backfitting for these early site permits. power plants and reactors, Occupational Backfitting, Classified information,
Other provisions in this rule would safety and health, Radiation protection, Criminal penalties, Environmental
apply to currently-approved standard Reporting and recordkeeping protection, Nuclear power plants and
design approvals and certifications, but requirements, Sex discrimination. reactors, Reporting and recordkeeping
they are not protected by the backfitting 10 CFR Part 20 requirements.
restrictions in § 50.104 or § 52.63
because they are either corrections, Byproduct material, Criminal 10 CFR Part 55
administrative changes, or provide penalties, Licensed material, Nuclear Criminal penalties, Manpower
additional flexibility to applicants or materials, Nuclear power plants and training programs, Nuclear power plants
licensees who might reference the reactors, Occupational safety and and reactors, Reporting and
design approvals or certifications, and health, Packaging and containers, recordkeeping requirements.
thus constitute a voluntary alternative Radiation protection, Reporting and
recordkeeping requirements, Source 10 CFR Part 72
or relaxation.
Finally, some of the provisions in this material, Special nuclear material, Administrative practice and
rule represent conforming changes Waste treatment and disposal. procedure, Criminal penalties,
throughout 10 CFR Chapter I which are 10 CFR Part 21 Manpower training programs, Nuclear
being made to reflect Commission materials, Occupational safety and
adoption of design approvals and design Nuclear power plants and reactors, health, Penalties, Radiation protection,
certification processes which should Penalties, Radiation protection, Reporting and recordkeeping
have been made at the time the Reporting and recordkeeping requirements, Security measures, Spent
Commission first adopted these requirements. fuel, Whistleblowing.
processes by rulemaking. While these 10 CFR Part 25 10 CFR Part 73
conforming changes may, in some cases,
Classified information, Criminal Criminal penalties, Export, Hazardous
affect the way in which a current design
penalties, Investigations, Reporting and materials transportation, Import,
certification or design approval may be
recordkeeping requirements, Security Nuclear materials, Nuclear power plants
referenced, they do not directly affect
measures. and reactors, Reporting and
the design approval nor are the
conforming changes result in any 10 CFR Part 26 recordkeeping requirements, Security
inconsistency with the finality measures.
Alcohol abuse, Alcohol testing,
provisions in the design certifications or Appeals, Chemical testing, Drug abuse, 10 CFR Part 75
in part 52. Accordingly, the Commission Drug testing, Employee assistance
believes that these conforming changes Criminal penalties, Intergovernmental
programs, Fitness for duty, Management relations, Nuclear materials, Nuclear
with respect to design approvals and actions, Nuclear power reactors,
design certifications do not raise new power plants and reactors, Reporting
Protection of information, Reporting and and recordkeeping requirements,
backfitting considerations. recordkeeping requirements. Security measures.
XV. Congressional Review Act 10 CFR Part 50 10 CFR Part 95
Under the Congressional Review Act Antitrust, Classified information,
of 1996, the NRC has determined that Classified information, Criminal
Criminal penalties, Emergency penalties, Reporting and recordkeeping
this action is not a major rule and has Planning, Fire protection,
verified this determination with the requirements, Security measures.
Intergovernmental relations, Nuclear
Office of Information and Regulatory power plants and reactors, Radiation 10 CFR Part 140
Affairs of OMB. protection, Reactor siting criteria, Criminal penalties, Extraordinary
List of Subjects Reporting and recordkeeping nuclear occurrence, Insurance,
requirements. Intergovernmental relations, Nuclear
10 CFR Part 1 materials, Nuclear power plants and
10 CFR Part 51
Organization and functions reactors, Reporting and recordkeeping
(Government Agencies). Administrative practice and requirements.

procedure, Environmental impact
10 CFR Part 2 statement, Nuclear materials, Nuclear 10 CFR Part 170
Administrative practice and power plants and reactors, Reporting Byproduct material, Import and
procedure, Antitrust, Byproduct and recordkeeping requirements. export licenses, Intergovernmental
relations, Non-payment penalties, 2134, 2135, 2233, 2239). Sections 2.105 also an application for a license or permit
Nuclear materials, Nuclear power plants issued under Pub. L. 97–415, 96 Stat. 2073 has been granted or is pending before
and reactors, Source material, Special (42 U.S.C. 2239). Sections 2.200–2.206 also the Commission.
nuclear material. issued under secs. 161 b, i, o, 182, 186, 234,
68 Stat. 948–951, 955, 83 Stat. 444, as * * * * *
10 CFR Part 171 amended (42 U.S.C. 2201 (b), (i), (o), 2236, License means a license, including an
2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). early site permit, construction permit,
Nuclear power plants and reactors. Section 2.205(j) also issued under Pub. L. operating license, combined license,
■ For the reasons set forth in the 101–410, 104 Stat. 90, as amended by Section manufacturing license, or renewed
preamble and under the authority of the 3100(s), Pub. L. 104–134, 110 Stat. 1321–373 license issued by the Commission.
Atomic Energy Act of 1954, as amended; (28 U.S.C. 2461 note). Subpart C also issued Licensee means a person who is
the Energy Reorganization Act of 1974, under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). authorized to conduct activities under a
as amended; and 5 U.S.C. 552 and 553, Sections 2.600–2.606 also issued under sec. license.
the NRC is adopting the following 102, Pub. L. 91–190, 83 Stat. 853, as amended
(42 U.S.C. 4332). Section 2.700a also issued * * * * *
amendments to 10 CFR parts 1, 2, 10, under 5 U.S.C. 554. Sections 2.343, 2.346, ■ 6. The heading of Subpart A is revised
19, 20, 21, 25, 26, 50, 51, 52, 54, 55, 72, 2.754, 2.712 also issued under 5 U.S.C. 557. to read as follows:
73, 75, 95, 140, 170, and 171. Section 2.764 also issued under secs. 135,
141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 Subpart A—Procedure for Issuance,
PART 1—STATEMENT OF U.S.C. 10155, 10161). Section 3.790 also Amendment, Transfer, or Renewal of a
ORGANIZATION AND GENERAL issued under sec. 103, 68 Stat. 936, as License, and Standard Design
INFORMATION amended (42 U.S.C. 2133), and 5 U.S.C. 552. Approval
Sections 2.800 and 2.808 also issued under
■ 1. The authority citation for part 1 5 U.S.C. 553. Section 2.809 also issued under ■ 7. Section 2.100 is revised to read as
continues to read as follows: 5 U.S.C. 553, and sec. 29, Pub. L. 85–256, 71 follows:
Authority: Secs. 23, 161, 68 Stat. 925, 948, Stat. 579, as amended (42 U.S.C. 2039).
as amended (42 U.S.C. 2033, 2201); sec. 29, Subpart K also issued under sec. 189, 68 Stat. § 2.100 Scope of subpart.
Pub. L. 85–256, 71 Stat. 579, Pub. L. 95–209, 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97– This subpart prescribes the procedure
91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. 425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart for issuance of a license; amendment of
L. 87–615, 76 Stat. 409 (42 U.S.C. 2241); secs. L also issued under sec. 189, 68 Stat. 955 (42
U.S.C. 2239). Subpart M also issued under
a license at the request of the licensee;
201, 203, 204, 205, 209, 88 Stat. 1242, 1244, transfer and renewal of a license; and
1245, 1246, 1248, as amended (42 U.S.C. sec. 184 (42 U.S.C. 2234) and sec. 189, 68
Stat. 955 (42 U.S.C. 2239). Subpart N also issuance of a standard design approval
5841, 5843, 5844, 5845, 5849); 5 U.S.C. 552,
553; Reorganization Plan No. 1 of 1980, 45 issued under sec. 189, 68 Stat. 955 (42 U.S.C. under subpart E of part 52 of this
FR 40561, June 16, 1980. 2239). Appendix A also issued under sec. 6, chapter.
Pub. L. 91–550, 84 Stat. 1473 (42 U.S.C. ■ 8. In § 2.101, paragraphs (a)(1), (a)(2),
■ 2. In § 1.43, paragraph (a)(2) is revised 2135). the introductory paragraph of (a)(3),
to read as follows: paragraph (a)(3)(ii), paragraph (a)(4),
■ 4. In § 2.1, paragraphs (c) and (d) are
§ 1.43 Office of Nuclear Reactor revised and a new paragraph (e) is paragraph (a)(5), and paragraph (a–1) are
Regulation. added to read as follows: revised to read as follows:
* * * * * § 2.101 Filing of application.
§ 2.1 Scope.
(a) * * * (a)(1) An application for a permit, a
(2) Receipt, possession, and * * * * *
(c) Imposing civil penalties under license, a license transfer, a license
ownership of source, byproduct, and amendment, a license renewal, or a
special nuclear material used or Section 234 of the Act;
(d) Rulemaking under the Act and the standard design approval, shall be filed
produced at facilities licensed under 10 with the Director of New Reactors or
CFR parts 50, 52, and 54; Administrative Procedure Act; and
(e) Standard design approvals under Director of Nuclear Reactor Regulation
* * * * * part 52 of this chapter. or Director of Nuclear Material Safety
■ 5. In § 2.4, the definitions of contested and Safeguards, as prescribed by the
PART 2—RULES OF PRACTICE FOR applicable provisions of this chapter. A
DOMESTIC LICENSING PROCEEDINGS proceeding, license and licensee are
revised to read as follows: prospective applicant may confer
AND ISSUANCE OF ORDERS informally with the NRC staff before
■ 3. The authority citation for part 2 § 2.4 Definitions. filing an application.
continues to read as follows: * * * * * (2) Each application for a license for
Contested proceeding means— a facility or for receipt of waste
Authority: Secs. 161, 181, 68 Stat. 948, radioactive material from other persons
(1) A proceeding in which there is a
953, as amended (42 U.S.C. 2201, 2231); sec. for the purpose of commercial disposal
191, as amended, Pub. L. 87–615, 76 Stat. 409 controversy between the NRC staff and
(42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as the applicant for a license or permit by the waste disposal licensee will be
amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. concerning the issuance of the license or assigned a docket number. However, to
1704, 112 Stat. 2750 (44 U.S.C. 3504 note). permit or any of the terms or conditions allow a determination as to whether an
Section 2.101 also issued under secs. 53, thereof; application for a construction permit,
62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, (2) A proceeding in which the NRC is operating license, early site permit,
933, 935, 936, 937, 938, as amended (42 imposing a civil penalty or other standard design approval, combined
U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, enforcement action, and the subject of license, or manufacturing license for a
2135); sec. 114(f), Pub. L. 97–425, 96 Stat. the civil penalty or enforcement action production or utilization facility is
2213, as amended (42 U.S.C. 10143(o)), sec. complete and acceptable for docketing,
102, Pub. L. 91–190, 83 Stat. 853, as amended
is an applicant for or holder of a license
(42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 or permit, or is or was an applicant for it will be initially treated as a tendered
U.S.C. 5871). Sections 2.102, 2.103, 2.104, a standard design certification under application. A copy of the tendered
2.105, 2.721 also issued under secs. 102, 104, part 52 of this chapter; and application will be available for public
105, 163, 183i, 189, 68 Stat. 936, 937, 938, (3) A proceeding in which a petition inspection at the NRC Web site,
954, 955, as amended (42 U.S.C. 2132, 2133, for leave to intervene in opposition to http://www.nrc.gov, and/or at the NRC
Public Document Room. Generally, the will be issued by the Commission and the initial application and
determination on acceptability for will be made available upon request to environmental report. If it is determined
docketing will be made within a period the Commission; and notification that if that all or any part of the tendered
of 30 days. However, in selected a request is received from the application and/or environmental report
applications, the Commission may appropriate chief executive, the is incomplete and therefore not
decide to determine acceptability based applicant will transmit a copy of the acceptable for processing, the applicant
on the technical adequacy of the application and environmental report, will be informed of this determination,
application as well as its completeness. and any changes to these documents and the respects in which the document
In these cases, the Commission, under which affect the alternative site is deficient.
§ 2.104(a), will direct that the notice of location, to the executive who makes (5) An applicant for a construction
hearing be issued as soon as practicable the request. In complying with the permit under part 50 of this chapter or
after the application has been tendered, requirements of this paragraph, the a combined license under part 52 of this
and the determination of acceptability applicant should not make public chapter for a production or utilization
will be made generally within a period distribution of those parts of the facility which is subject to § 51.20(b) of
of 60 days. For docketing and other application subject to § 2.390(d). The this chapter, and is of the type specified
requirements for applications under part applicant shall submit to the Director of in § 50.21(b)(2) or (3) or § 50.22 of this
61 of this chapter, see paragraph (g) of New Reactors or the Director of Nuclear chapter or is a testing facility may
this section. Reactor Regulation an affidavit that submit the information required of
(3) If the Director of New Reactors, service of the notice of availability of applicants by part 50 or part 52 of the
Director of Nuclear Reactor Regulation, the application or environmental report chapter in two parts. One part shall be
or Director of Nuclear Material Safety has been completed along with a list of accompanied by the information
and Safeguards, as appropriate, names and addresses of those executives required by § 50.30(f) of this chapter, or
determines that a tendered application upon whom the notice was served; and § 52.80(b) of this chapter, as applicable.
for a construction permit, operating The other part shall include any
* * * * *
license, early site permit, standard information required by § 50.34(a) and,
(4) The tendered application for a
design approval, combined license, or if applicable, § 50.34a of this chapter, or
construction permit, operating license,
manufacturing license for a production §§ 52.79 and 52.80(a), as applicable.
early site permit, standard design
or utilization facility, and/or any One part may precede or follow other
approval, combined license, or parts by no longer than 6 months. If it
environmental report required under manufacturing license will be formally
subpart A of part 51 of this chapter, or is determined that either of the parts as
docketed upon receipt by the Director of described above is incomplete and not
part thereof as provided in paragraphs New Reactors, Director of Nuclear
(a)(5) or (a–1) of this section are acceptable for processing, the Director
Reactor Regulation, or Director of of New Reactors, Director of Nuclear
complete and acceptable for docketing, Nuclear Material Safety and Safeguards,
a docket number will be assigned to the Reactor Regulation, or Director of
as appropriate, of the required Nuclear Material Safety and Safeguards,
application or part thereof, and the additional copies. Distribution of the
applicant will be notified of the as appropriate, will inform the applicant
additional copies shall be deemed to be of this determination and the respects in
determination. With respect to the complete as of the time the copies are
tendered application and/or which the document is deficient. Such
deposited in the mail or with a carrier a determination of completeness will
environmental report or part thereof that prepaid for delivery to the designated generally be made within a period of 30
is acceptable for docketing, the addresses. The date of docketing shall days. Whichever part is filed first shall
applicant will be requested to: be the date when the required copies are also include the fee required by
* * * * * received by the Director of New §§ 50.30(e) and 170.21 of this chapter
(ii) Serve a copy on the chief Reactors, Director of Nuclear Reactor and the information required by
executive of the municipality in which Regulation, or Director of Nuclear §§ 50.33, 50.34(a)(1) or 52.79(a)(1), as
the facility or site which is the subject Material Safety and Safeguards, as applicable, and § 50.37 of this chapter.
of an early site permit is to be located appropriate. Within 10 days after The Director of New Reactors, Director
or, if the facility or site which is the docketing, the applicant shall submit to of Nuclear Reactor Regulation, or
subject of an early site permit is not to the Director of New Reactors, Director of Director of Nuclear Material Safety and
be located within a municipality, on the Nuclear Reactor Regulation, or Director Safeguards, as appropriate, will accept
chief executive of the county, and serve of Nuclear Material Safety and for docketing an application for a
a notice of availability of the application Safeguards, as appropriate, an affidavit construction permit under part 50 or a
or environmental report on the chief that distribution of the additional copies combined license under part 52 for a
executives of the municipalities or to Federal, State, and local officials has production or utilization facility which
counties which have been identified in been completed in accordance with the is subject to § 51.20(b) of this chapter,
the application or environmental report requirements of this chapter and written and is of the type specified in
as the location of all or part of the instructions furnished to the applicant § 50.21(b)(2) or (3) or § 50.22 of this
alternative sites, containing the by the Director of New Reactors, chapter or is a testing facility where one
following information, as applicable: Director of Nuclear Reactor Regulation, part of the application as described
Docket number of the application, a or Director of Nuclear Material Safety above is complete and conforms to the
brief description of the proposed site and Safeguards, as appropriate. requirements of part 50 of this chapter.
and facility; the location of the site and Amendments to the application and The additional parts will be docketed
facility as primarily proposed and environmental report shall be filed and upon a determination by the Director of
alternatively listed; the name, address, distributed and an affidavit shall be New Reactors, Director of Nuclear
telephone number, and email address (if furnished to the Director of New Reactor Regulation, or Director of
available) of the applicant’s Reactors, Director of Nuclear Reactor Nuclear Material Safety and Safeguards,
representative who may be contacted for Regulation, or Director of Nuclear as appropriate, that it is complete.
further information; notification that a Material Safety and Safeguards, as (a–1) Early consideration of site
draft environmental impact statement appropriate, in the same manner as for suitability issues. An applicant for a
construction permit under part 50 of under part 52 of this chapter may review of the application, specifying the
this chapter or a combined license submit the information required of key intermediate steps from the time of
under part 52 of this chapter for a applicants by the provisions of this docketing until the completion of its
utilization facility which is subject to chapter in three parts: review.
§ 51.20(b) of this chapter and is of the (i) Part one shall include or be * * * * *
type specified in § 50.21(b)(2) or (3) or accompanied by any information ■ 10. Section 2.104 is revised to read as
§ 50.22 of this chapter or is a testing required by §§ 52.79(a)(1) and 50.30(f) of follows:
facility, may request that the this chapter which relates to the issue(s)
Commission conduct an early review of site suitability for which an early § 2.104 Notice of hearing.
and hearing and render an early partial review, hearing, and partial decision are (a) In the case of an application on
decision in accordance with subpart F sought, except that information with which a hearing is required by the Act
of this part on issues of site suitability respect to operation of the facility at the or this chapter, or in which the
within the purview of the applicable projected initial power level need not be Commission finds that a hearing is
provisions of parts 50, 51, 52, and 100 supplied, and shall include the required in the public interest, the
of this chapter. information required by §§ 50.33(a) Secretary will issue a notice of hearing
(1) Construction permit. The applicant through (e) and 50.37 of this chapter. to be published in the Federal Register.
for the construction permit may submit The information submitted shall also The notice must be published at least 15
the information required of applicants include: days, and in the case of an application
by the provisions of this chapter in three (A) Proposed findings on the issues of concerning a construction permit, early
parts: site suitability on which the applicant site permit, or combined license for a
(i) Part one shall include or be has requested review and a statement of facility of the type described in
accompanied by any information the bases or the reasons for those § 50.21(b) or § 50.22 of this chapter or a
required by §§ 50.34(a)(1) and 50.30(f) of findings; testing facility, at least 30 days before
this chapter which relates to the issue(s) (B) A range of postulated facility the date set for hearing in the notice.1
of site suitability for which an early design and operation parameters that is In addition, in the case of an application
review, hearing, and partial decision are sufficient to enable the Commission to for a construction permit, early site
sought, except that information with perform the requested review of site permit, or combined license for a
respect to operation of the facility at the suitability issues under the applicable facility of the type described in § 50.22
projected initial power level need not be provisions of parts 50, 51, 52, and 100; of this chapter, or a testing facility, the
supplied, and shall include the and notice must be issued as soon as
information required by §§ 50.33(a) (C) Information concerning the
practicable after the NRC has docketed
through (e) and 50.37 of this chapter. applicant’s site selection process and
the application; provided, that if the
The information submitted shall also long-range plans for ultimate
NRC decides, under § 2.101(a)(2), to
include: development of the site required by
determine the acceptability of the
(A) Proposed findings on the issues of § 2.621(b)(1).
(ii) Part two shall include or be application based upon its technical
site suitability on which the applicant adequacy as well as completeness, the
has requested review and a statement of accompanied by the remaining
information required by §§ 50.30(f), notice shall be issued as soon as
the bases or the reasons for those practicable after the application has
findings, 50.33, and 52.79(a)(1) of this chapter.
(iii) Part three shall include the been tendered.
(B) A range of postulated facility (b) The notice of hearing must state:
design and operation parameters that is remaining information required by
(1) The nature of the hearing;
sufficient to enable the Commission to §§ 52.79 and 52.80 of this chapter. (2) The authority under which the
perform the requested review of site (iv) The information required for part
hearing is to be held;
suitability issues under the applicable two or part three shall be submitted (3) The matters of fact and law to be
provisions of parts 50, 51, and 100, and during the period the partial decision on considered;
(C) Information concerning the part one is effective. Submittal of the (4) The date by which requests for
applicant’s site selection process and information required for part three may hearing or petitions to intervene must be
long-range plans for ultimate precede by no more than 6 months or filed;
development of the site required by follow by no more than 6 months the (5) The presiding officer designated
§ 2.603(b)(1). submittal of the information required for for the hearing, or the procedure that the
(ii) Part two shall include or be part two. Commission will use to designate a
accompanied by the remaining * * * * * presiding officer for the hearing.
information required by §§ 50.30(f), ■ 9. In § 2.102, paragraph (a) is revised (c)(1) The Secretary will transmit a
50.33, and 50.34(a)(1) of this chapter. to read as follows: notice of hearing on an application for
(iii) Part three shall include the a license for a production or utilization
remaining information required by § 2.102 Administrative review of facility including an early site permit,
§§ 50.34a and (in the case of a nuclear application. combined license (but not for a
power reactor) 50.34(a) of this chapter. (a) During review of an application by manufacturing license), for a license for
(iv) The information required for part the NRC staff, an applicant may be
two or part three shall be submitted required to supply additional 1 If the notice of hearing concerning an
during the period the partial decision on information. The staff may request any application for a construction permit, early site
part one is effective. Submittal of the one party to the proceeding to confer permit, or combined license for a facility of the type
described in § 50.22 of this chapter or a testing
information required for part three may with the staff informally. In the case of facility does not specify the time and place of initial
precede by no more than 6 months or a docketed application for a hearing, a subsequent notice will be published in
follow by no more than 6 months the construction permit, operating license, the Federal Register which will provide at least 30
submittal of the information required for early site permit, standard design days notice of the time and place of that hearing.
After this notice is given, the presiding officer may
part two. approval, combined license, or reschedule the commencement of the initial hearing
(2) Combined license under part 52. manufacturing license of this chapter, for a later date or reconvene a recessed hearing
An applicant for a combined license the staff shall establish a schedule for its without again providing at least 30 days notice.
receipt of waste radioactive material (12) An amendment to an early site § 50.21(b) or § 50.22 of this chapter, or
from other persons for the purpose of permit issued under subpart A of part a testing facility, whether or not a notice
commercial disposal by the waste 52 of this chapter, as follows: of proposed action has been previously
disposal licensee, for a license under (i) If the early site permit does not published; and
part 61 of this chapter, for a provide authority to conduct the (3) The finding under § 52.103(g) of
construction authorization for an HLW activities allowed under § 50.10(e)(1) of this chapter.
repository at a geologic repository this chapter, the amendment will (b) The notice of issuance will set
operations area under parts 60 or 63 of involve no significant hazards forth:
this chapter, for a license to receive and consideration, and though the NRC will (1) In the case of a license or
possess high-level radioactive waste at a provide notice of opportunity for a amendment:
geologic repository operations area hearing under this section, it may make (i) The nature of the license or
under parts 60 or 63 of this chapter, and the amendment immediately effective amendment;
for a license under part 72 of this and grant a hearing thereafter; and (ii) The manner in which copies of the
chapter to acquire, receive or possess (ii) If the early site permit provides safety analysis, if any, may be obtained
spent fuel for the purpose of storage in authority to conduct the activities and examined; and
an independent spent fuel storage allowed under § 50.10(e)(1) and the (iii) A finding that the application for
installation (ISFSI) to the governor or Commission determines under §§ 50.58 the license or amendment complies
other appropriate official of the State and 50.91 of this chapter that an with the requirements of the Act and
and to the chief executive of the emergency situation exists or that this chapter.
(2) In the case of a finding under
municipality in which the facility is to exigent circumstances exist and that the
§ 52.103(g) of this chapter:
be located or the activity is to be amendment involves no significant (i) The manner in which copies of the
conducted or, if the facility is not to be hazards consideration, it will provide safety analysis, if any, may be obtained
located or the activity conducted within notice of opportunity for a hearing and examined; and
a municipality, to the chief executive of under § 2.106 of this chapter (if a (ii) A finding that the prescribed
the county (or to the Tribal organization, hearing is requested, which will be held inspections, tests, and analyses have
if it is to be located or conducted within after issuance of the amendment). been performed, the prescribed
an Indian reservation). (13) A manufacturing license under acceptance criteria have been met, and
(2) The Secretary will transmit a subpart F of part 52 of this chapter. that the license complies with the
notice of hearing on an application for (b) * * * requirements of the Act and this
a license under part 72 of this chapter (3) For a notice of intended operation chapter.
to acquire, receive or possess spent fuel, under § 52.103(a) of this chapter, the
following information: * * * * *
high-level radioactive waste or
(i) The identification of the NRC ■ 13. Section 2.109 is revised to read as
radioactive material associated with
action as making the finding required follows:
high-level radioactive waste for the
purpose of storage in a monitored under § 52.103(g) of this chapter; § 2.109 Effect of timely renewal
retrievable storage installation (MRS) to (ii) The manner in which the licensee application.
the same persons who received the notifications under 10 CFR 52.99(c) (a) Except for the renewal of an
notice of docketing under § 72.16(e) of which are required to be made available operating license for a nuclear power
this chapter. by 10 CFR 52.99(e)(2) may be obtained plant under 10 CFR 50.21(b) or 50.22, an
and examined; early site permit under subpart A of part
■ 11. In § 2.105, the introductory text of (iii) The manner in which copies of
paragraphs (a) and (a)(4) are revised, 52 of this chapter, a manufacturing
the safety analysis may be obtained and license under subpart F of part 52 of this
and paragraphs (a)(12), (a)(13), and examined; and
(b)(3) are added to read as follows: chapter, or a combined license under
(iv) Any conditions, limitations, or subpart C of part 52 of this chapter, if
§ 2.105 Notice of proposed action. restrictions to be placed on the license at least 30 days before the expiration of
in connection with the finding under an existing license authorizing any
(a) If a hearing is not required by the § 52.103(g) of this chapter, and the
Act or this chapter, and if the activity of a continuing nature, the
expiration date or circumstances (if any) licensee files an application for a
Commission has not found that a under which the conditions, limitations
hearing is in the public interest, it will, renewal or for a new license for the
or restrictions will no longer apply. activity so authorized, the existing
before acting thereon, publish in the
Federal Register, as applicable, either a * * * * * license will not be deemed to have
notice of intended operation under ■ 12. In § 2.106, paragraphs (a) and (b) expired until the application has been
§ 52.103(a) of this chapter and a are revised to read as follows: finally determined.
proposed finding that inspections, tests, (b) If the licensee of a nuclear power
§ 2.106 Notice of issuance. plant licensed under 10 CFR 50.21(b) or
analysis, and acceptance criteria for a
combined license under subpart C of (a) The Director of New Reactors, 50.22 files a sufficient application for
part 52 have been or will be met, or a Director of Nuclear Reactor Regulation, renewal of either an operating license or
notice of proposed action with respect or Director of Nuclear Material Safety a combined license at least 5 years
to an application for: and Safeguards, as appropriate, will before the expiration of the existing
inform the State and local officials license, the existing license will not be
* * * * * specified in § 2.104(e) and publish a deemed to have expired until the
(4) An amendment to an operating document in the Federal Register application has been finally determined.
license, combined license, or announcing the issuance of: (c) If the holder of an early site permit
manufacturing license for a facility (1) A license or an amendment of a licensed under subpart A of part 52 of
licensed under §§ 50.21(b) or 50.22 of license for which a notice of proposed this chapter files a sufficient application
this chapter, or for a testing facility, as action has been previously published; for renewal under § 52.29 of this chapter
follows: (2) An amendment of a license for a at least 12 months before the expiration
* * * * * facility of the type described in of the existing early site permit, the
existing permit will not be deemed to review, state the conclusions of the staff requirements of § 52.145 of this chapter
have expired until the application has regarding the issues reviewed and state must be followed unless the applicant
been finally determined. the reasons for those conclusions. Upon or licensee has consented to follow the
(d) If the licensee of a manufacturing issuance of an NRC staff site report, the action required.
license under subpart F of part 52 of this NRC staff shall publish a notice of the (6) If the order involves a
chapter files a sufficient application for availability of the report in the Federal modification of a manufacturing license
renewal under § 52.177 of this chapter Register and shall make the report under subpart F of part 52, the
at least 12 months before the expiration available at the NRC Web site, http:// requirements of § 52.171 of this chapter
of the existing license, the existing www.nrc.gov. The NRC staff shall also must be followed, unless the applicant
license will not be deemed to have send a copy of the report to the or licensee has consented to the action
expired until the application has been Governor or other appropriate official of required.
finally determined. the State in which the site is located, ■ 17. In § 2.309, paragraphs (a), (f)(1)(i),
■ 14. Section 2.110 is revised to read as and to the chief executive of the (f)(1)(v), and (f)(1)(vi) are revised, a new
follows: municipality in which the site is located paragraph (f)(1)(vii) is added, and
or, if the site is not located in a paragraphs (g), (h)(2), and (i) are revised
§ 2.110 Filing and administrative action on municipality, to the chief executive of to read as follows:
submittals for standard design approval or the county.
early review of site suitability issues. § 2.309 Hearing requests, petitions to
■ 15. Section 2.111 is revised to read as
(a)(1) A submittal for a standard intervene, requirements for standing, and
follows: contentions.
design approval under subpart E of part
52 of this chapter shall be subject to § 2.111 Prohibition of sex discrimination. (a) General requirements. Any person
§§ 2.101(a) and 2.390 to the same extent No person shall on the grounds of sex whose interest may be affected by a
as if it were an application for a permit be excluded from participation in, be proceeding and who desires to
or license. denied a license, standard design participate as a party must file a written
(2) Except as specifically provided approval, or petition for rulemaking request for hearing and a specification
otherwise by the provisions of appendix (including a design certification), be of the contentions which the person
Q to parts 50 of this chapter, a submittal denied the benefits of, or be subjected seeks to have litigated in the hearing. In
for early review of site suitability issues to discrimination under any program or a proceeding under 10 CFR 52.103, the
under appendix Q to parts 50 of this activity carried on or receiving Federal Commission, acting as the presiding
chapter shall be subject to §§ 2.101(a)(2) assistance under the Act or the Energy officer, will grant the request if it
through (4) to the same extent as if it Reorganization Act of 1974. determines that the requestor has
were an application for a permit or standing under the provisions of
■ 16. In § 2.202, paragraph (e) is revised
license. paragraph (d) of this section and has
to read as follows: proposed at least one admissible
(b) Upon initiation of review by the
NRC staff of a submittal for an early § 2.202 Orders. contention that meets the requirements
review of site suitability issues under * * * * * of paragraph (f) of this section. For all
appendix Q of parts 50 of this chapter, (e)(1) If the order involves the other proceedings, except as provided in
or for a standard design approval under modification of a part 50 license and is paragraph (e) of this section, the
subpart E of part 52 of this chapter, the a backfit, the requirements of § 50.109 of Commission, presiding officer, or the
Director of New Reactors or the Director this chapter shall be followed, unless Atomic Safety and Licensing Board
of Nuclear Reactor Regulation shall the licensee has consented to the action designated to rule on the request for
publish in the Federal Register a notice required. hearing and/or petition for leave to
of receipt of the submittal, inviting (2) If the order involves the intervene, will grant the request/petition
comments from interested persons modification of combined license under if it determines that the requestor/
within 60 days of publication or other subpart C of part 52 of this chapter, the petitioner has standing under the
time as may be specified, for requirements of § 52.98 of this chapter provisions of paragraph (d) of this
consideration by the NRC staff and shall be followed unless the licensee has section and has proposed at least one
ACRS in their review. consented to the action required. admissible contention that meets the
(c)(1) Upon completion of review by (3) If the order involves a change to requirements of paragraph (f) of this
the NRC staff and the ACRS of a an early site permit under subpart A of section. In ruling on the request for
submittal for a standard design part 52 of this chapter, the requirements hearing/petition to intervene submitted
approval, the Director of New Reactors of § 52.39 of this chapter must be by petitioners seeking to intervene in
or the Director of the Office of Nuclear followed, unless the applicant or the proceeding on the HLW repository,
Reactor Regulation shall publish in the licensee has consented to the action the Commission, the presiding officer,
Federal Register a determination as to required. or the Atomic Safety and Licensing
whether or not the design is acceptable, (4) If the order involves a change to Board shall also consider any failure of
subject to terms and conditions as may a standard design certification rule the petitioner to participate as a
be appropriate, and shall make available referenced by that plant’s application, potential party in the pre-license
at the NRC Web site, http:// the requirements, if any, in the application phase under subpart J of this
www.nrc.gov, a report that analyzes the referenced design certification rule with part in addition to the factors in
design. respect to changes must be followed, or, paragraph (d) of this section. If a request
(2) Upon completion of review by the in the absence of these requirements, for hearing or petition to intervene is
NRC staff and, if appropriate by the the requirements of § 52.63 of this filed in response to any notice of
ACRS, of a submittal for early review of chapter must be followed, unless the hearing or opportunity for hearing, the
site suitability issues, the NRC staff applicant or licensee has consented to applicant/licensee shall be deemed to be
shall prepare a staff site report which follow the action required. a party.
shall identify the location of the site, (5) If the order involves a change to * * * * *
state the site suitability issues reviewed, a standard design approval referenced (f) * * *
explain the nature and scope of the by that plant’s application, the (1) * * *
(i) Provide a specific statement of the the requestor from making the prima combined license under subpart C of
issue of law or fact to be raised or facie showing. part 52 of this chapter, or a
controverted, provided further, that the * * * * * manufacturing license under subpart F
issue of law or fact to be raised in a (g) Selection of hearing procedures. A of part 52.
request for hearing under 10 CFR request for hearing and/or petition for ■ 20. Section 2.340 is revised to read as
52.103(b) must be directed at leave to intervene may, except in a follows:
demonstrating that one or more of the proceeding under 10 CFR 52.103, also
acceptance criteria in the combined § 2.340 Initial decision in certain contested
address the selection of hearing proceedings; immediate effectiveness of
license have not been, or will not be procedures, taking into account the initial decisions; issuance of authorizations,
met, and that the specific operational provisions of § 2.310. If a request/ permits, and licenses.
consequences of nonconformance petition relies upon § 2.310(d), the (a) Initial decision—production or
would be contrary to providing request/petition must demonstrate, by utilization facility operating license. In
reasonable assurance of adequate reference to the contention and the any initial decision in a contested
protection of the public health and bases provided and the specific proceeding on an application for an
safety; procedures in subpart G of this part, that operating license (including an
* * * * * resolution of the contention necessitates amendment to or renewal of an
(v) Provide a concise statement of the resolution of material issues of fact operating license) for a production or
alleged facts or expert opinions which which may be best determined through utilization facility, the presiding officer
support the requestor’s/petitioner’s the use of the identified procedures. shall make findings of fact and
position on the issue and on which the (h) * * * conclusions of law on the matters put
(2) Except in a proceeding under 10 into controversy by the parties to the
petitioner intends to rely at hearing,
CFR 52.103, the requestor/petitioner proceeding, any matter designated by
together with references to the specific
may file a reply to any answer. The the Commission to be decided by the
sources and documents on which the
reply must be filed within 7 days after presiding officer, and any matter not put
requestor/petitioner intends to rely to
service of that answer. into controversy by the parties, but only
support its position on the issue;
* * * * * to the extent that the presiding officer
(vi) In a proceeding other than one (i) Decision on request/petition. In all determines that a serious safety,
under 10 CFR 52.103, provide sufficient proceedings other than a proceeding environmental, or common defense and
information to show that a genuine under 10 CFR 52.103, the presiding security matter exists, and the
dispute exists with the applicant/ officer shall, within 45 days after the Commission approves of an
licensee on a material issue of law or filing of answers and replies under examination of and decision on the
fact. This information must include paragraph (h) of this section, issue a matter upon its referral by the presiding
references to specific portions of the decision on each request for hearing/ officer. Depending on the resolution of
application (including the applicant’s petition to intervene, absent an those matters, the Commission, the
environmental report and safety report) extension from the Commission. The Director of Nuclear Reactor Regulation,
that the petitioner disputes and the Commission, acting as the presiding or the Director of New Reactors, as
supporting reasons for each dispute, or, officer, shall expeditiously grant or deny appropriate, after making the requisite
if the petitioner believes that the the request for hearing in a proceeding findings, will issue, deny or
application fails to contain information under 10 CFR 52.103. The appropriately condition the license.
on a relevant matter as required by law, Commission’s decision may not be the (b) Initial decision—combined license
the identification of each failure and the subject of any appeal under 10 CFR under 10 CFR part 52. In any initial
supporting reasons for the petitioner’s 2.311. decision in a contested proceeding on
belief; and an application for a combined license
■ 18. In § 2.310, paragraph (j) is
(vii) In a proceeding under 10 CFR redesignated as paragraph (k), and a (including an amendment to or renewal
52.103(b), the information must be new paragraph (j) is added to read as of a combined license) under subpart C
sufficient, and include supporting follows: of part 52 of this chapter, the presiding
information showing, prima facie, that officer shall make findings of fact and
one or more of the acceptance criteria in § 2.310 Selection of hearing procedures. conclusions of law on the matters put
the combined license have not been, or * * * * * into controversy by the parties to the
will not be met, and that the specific (j) Proceedings on a Commission proceeding, and any matter designated
operational consequences of finding under 10 CFR 52.103(c) and (g) by the Commission to be decided by the
nonconformance would be contrary to shall be conducted in accordance with presiding officer. Depending on the
providing reasonable assurance of the procedures designated by the resolution of those matters, the
adequate protection of the public health Commission in each proceeding. Commission, the Director of New
and safety. This information must * * * * * Reactors, or the Director of Nuclear
include the specific portion of the report ■ 19. In § 2.339, paragraph (d) is revised Reactor Regulation, as appropriate, after
required by 10 CFR 52.99(c) which the to read as follows: making the requisite findings, will
requestor believes is inaccurate, issue, deny or appropriately condition
incorrect, and/or incomplete (i.e., fails § 2.339 Expedited decisionmaking the license.
to contain the necessary information procedure. (c) Initial decision on finding under
required by § 52.99(c)). If the requestor * * * * * 10 CFR 52.103 with respect to
identifies a specific portion of the (d) The provisions of this section do acceptance criteria in nuclear power
§ 52.99(c) report as incomplete and the not apply to an initial decision directing reactor combined licenses. In any initial
requestor contends that the incomplete the issuance of a limited work decision under § 52.103(g) of this
portion prevents the requestor from authorization under 10 CFR 50.10, an chapter with respect to whether
making the necessary prima facie early site permit under subpart A of part acceptance criteria have been or will be
showing, then the requestor must 52 of this chapter, a construction permit met, the presiding officer shall make
explain why this deficiency prevents or construction authorization, a findings of fact and conclusions of law
on the matters put into controversy by work authorization under 10 CFR 50.10, met, for those acceptance criteria which
the parties to the proceeding, and on an early site permit under subpart A of are not within the scope of the initial
any matters designated by the part 52 of this chapter, a construction decision of the presiding officer; and
Commission to be decided by the permit or construction authorization (2) Notwithstanding the pendency of
presiding officer. Matters not put into under part 50 of this chapter, an a petition for reconsideration under
controversy by the parties shall be operating license under part 50 of this § 2.345, a petition for review under
referred to the Commission for its chapter, a combined license under § 2.341, or a motion for stay under
determination. The Commission may, in subpart C of part 52 of this chapter, a § 2.342, or the filing of a petition under
its discretion, treat the matter as a manufacturing license under subpart F § 2.206.
request for action under 10 CFR 2.206 of part 52 of this chapter, or a license (k) Issuance of other licenses. The
and process the matter in accordance under 10 CFR part 72 to store spent fuel Commission or the Director of Nuclear
with § 52.103(f). Depending on the in an independent spent fuel storage Material Safety and Safeguards, or the
resolution of those matters, the facility (ISFSI) or a monitored Director of the Office of Federal and
Commission, the Director of New retrievable storage installation (MRS), State Materials and Environmental
Reactors, or the Director of Nuclear an initial decision directing issuance of Management Programs, as appropriate,
Reactor Regulation, as appropriate, will a license under part 61 of this chapter, shall issue a license, including a license
make the finding under 10 CFR 52.103, or an initial decision under 10 CFR under 10 CFR part 72 to store spent fuel
or appropriately condition that finding. 52.103(g) that acceptance criteria in a in either an independent spent fuel
(d) Initial decision—manufacturing combined license have been met, is storage facility (ISFSI) located away
license under 10 CFR part 52. In any immediately effective upon issuance from a reactor site or at a monitored
initial decision in a contested unless the presiding officer finds that retrievable storage installation (MRS),
proceeding on an application for a good cause has been shown by a party within 10 days from the date of issuance
manufactured license (including an why the initial decision should not of the initial decision:
amendment to or renewal of a combined become immediately effective. (1) If the Commission or the
license) under subpart C of part 52 of (g)–(h) [Reserved] appropriate Director has made all
this chapter, the presiding officer shall (i) Issuance of authorizations, findings necessary for issuance of the
make findings of fact and conclusions of permits, and licenses—production and license, not within the scope of the
law on the matters put into controversy utilization facilities. The Commission, initial decision of the presiding officer;
by the parties to the proceeding, and the Director of New Reactors, or the and
any matter designated by the Director of Nuclear Reactor Regulation,
(2) Notwithstanding the pendency of
Commission to be decided by the as appropriate, shall issue a limited
a petition for reconsideration under
presiding officer. Depending on the work authorization under 10 CFR 50.10,
§ 2.345, a petition for review under
resolution of those matters, the an early site permit under subpart A of
§ 2.341, or a motion for stay under
Commission, the Director of New part 52 of this chapter, a construction
§ 2.342, or the filing of a petition under
Reactors, or the Director of Nuclear permit or construction authorization
§ 2.206.
Reactor Regulation, as appropriate, after under part 50 of this chapter, an
making the requisite findings, will operating license under part 50 of this ■ 21. In § 2.341, paragraph (a)(1) is
issue, deny, or appropriately condition chapter, a combined license under revised to read as follows:
the manufacturing license. subpart C of part 52 of this chapter, or § 2.341 Review of decisions and actions of
(e) Initial decision—other proceedings a manufacturing license under subpart F a presiding officer.
not involving production or utilization of part 52 of this chapter within 10 days (a)(1) Except for requests for review or
facilities. In proceedings not involving from the date of issuance of the initial appeals under § 2.311 or in a proceeding
production or utilization facilities, the decision: on the high-level radioactive waste
presiding officer shall make findings of (1) If the Commission or the
repository (which are governed by
fact and conclusions of law on the appropriate Director has made all
§ 2.1015), review of decisions and
matters put into controversy by the findings necessary for issuance of the
parties to the proceeding, and on any actions of a presiding officer are treated
authorization, permit or license, not
matters designated by the Commission under this section, provided, however,
within the scope of the initial decision
to be decided by the presiding officer. that no party may request a further
of the presiding officer; and
Matters not put into controversy by the (2) Notwithstanding the pendency of Commission review of a Commission
parties must be referred to the Director a petition for reconsideration under determination to allow a period of
of Nuclear Material Safety and § 2.345, a petition for review under interim operation under 10 CFR
Safeguards, or the Director of the Office § 2.341, or a motion for stay under 52.103(c).
of Federal and State Materials and § 2.342, or the filing of a petition under * * * * *
Environmental Management Programs, § 2.206. ■ 22. In § 2.347, paragraph (a) is revised,
as appropriate. Depending on the (j) Issuance of finding on acceptance and new paragraph (f)(5) is added to
resolution of those matters, the Director criteria under 10 CFR 52.103. The read as follows:
of Nuclear Material Safety and Commission, the Director of New
Safeguards or the Director of the Office Reactors, or the Director of Nuclear § 2.347 Ex parte communications.
of Federal and State Materials and Reactor Regulation, as appropriate, shall * * * * *
Environmental Management Programs, make the finding under 10 CFR (a)(1) Interested persons outside the
as appropriate, after making the 52.103(g) that acceptance criteria in a agency may not make or knowingly
requisite findings, will issue, deny, combined license have been, or will be cause to be made to any Commission
revoke or appropriately condition the met, within 10 days from the date of adjudicatory employee, any ex parte
license, or take other action as necessary issuance of the initial decision: communication relevant to the merits of
or appropriate. (1) If the Commission or the the proceeding.
(f) Immediate effectiveness of certain appropriate Director has made the (2) For purposes of this section, merits
decisions. An initial decision directing finding under § 52.103(g) that of the proceeding includes:
the issuance or amendment of a limited acceptance criteria have been, or will be (i) A disputed issue;
(ii) A matter which a presiding officer for inspection and copying at the NRC combined licenses, the Commission or
seeks to be referred to the Commission Web site, http://www.nrc.gov, and/or at the presiding officer may order separate
under 10 CFR 2.340(a); and the NRC Public Document Room, except hearings on particular phases of the
(iii) A matter for which the for matters that are: proceeding, such as matters related to
Commission has approved examination * * * * * the acceptability of the design of the
by the presiding officer under § 2.340(a). ■ 25. Subpart D is revised to read as reactor, in the context of the site
* * * * * follows: parameters postulated for the design or
(f) * * * environmental matters.
(5) Communications, in contested Subpart D—Additional Procedures
Applicable to Proceedings for the (b) If a separate hearing is held on a
proceedings and uncontested mandatory
proceeding, regarding an undisputed Issuance of Licenses To Construct particular phase of the proceeding, the
issue. and/or Operate Nuclear Power Plants Commission or presiding officers of
of Identical Design at Multiple Sites each affected proceeding may, under 10
■ 23. In § 2.348, the introductory text of
CFR 2.317, consolidate for hearing on
paragraph (a) is revised, and new Sec.
paragraphs (d)(1)(iii), (d)(1)(iv), and that phase two or more proceedings to
2.400 Scope of subpart.
(d)(3) are added to read as follows: 2.401 Notice of hearing on construction
consider common issues relating to the
permit or combined license applications applications involved in the
§ 2.348 Separation of functions. pursuant to appendix N of 10 CFR parts proceedings, if it finds that this action
(a) In any proceeding under this part, 50 or 52. will be conducive to the proper dispatch
any NRC officer or employee engaged in 2.402 Separate hearings on separate issues; of its business and to the ends of justice.
the performance of any investigative or consolidation of proceedings. In specifying the place of this
litigating function in the proceeding or 2.403 Notice of proposed action on
consolidated hearing, due regard will be
applications for operating licenses
in a factually related proceeding with pursuant to appendix N of 10 CFR part given to the convenience and necessity
respect to a disputed issue in that 50. of the parties, petitioners for leave to
proceeding, may not participate in or 2.404 Hearings on applications for intervene, or the attorneys or
advise a Commission adjudicatory operating licenses pursuant to appendix representatives of such persons, and the
employee about the initial or final N of 10 CFR part 50. public interest.
decision with respect to that disputed 2.405 Initial decisions in consolidated
issue, except— hearings. § 2.403 Notice of proposed action on
2.406 Finality of decisions on separate applications for operating licenses
* * * * * issues. pursuant to appendix N of 10 CFR part 50.
(d) * * * 2.407 Applicability of other sections.
(1) * * * In the case of applications pursuant to
(iii) A matter which a presiding § 2.400 Scope of subpart. appendix N of part 50 of this chapter for
officer seeks to be referred to the This subpart describes procedures operating licenses for nuclear power
Commission under 10 CFR 2.340(a); and applicable to licensing proceedings reactors, if the Commission has not
(iv) A matter for which the which involve the consideration in found that a hearing is in the public
Commission has approved examination hearings of a number of applications, interest, the Commission, the Director of
by the presiding officer under § 2.340(a). filed by one or more applicants New Reactors, or the Director of Nuclear
* * * * * pursuant to appendix N of parts 50 or Reactor Regulation will, prior to acting
(3) Separation of functions does not 52 of this chapter, for licenses to thereon, cause to be published in the
apply to uncontested proceedings, or to construct and/or operate nuclear power Federal Register, pursuant to § 2.105, a
an undisputed issue in contested initial reactors of identical design to be located notice of proposed action with respect
licensing proceedings. at multiple sites. to each application as soon as
* * * * * practicable after the applications have
§ 2.401 Notice of hearing on construction
■ 24. In § 2.390, the introductory text of permit or combined license applications been docketed.
paragraph (a) is revised to read as pursuant to appendix N of 10 CFR parts 50
follows: or 52. § 2.404 Hearings on applications for
operating licenses pursuant to appendix N
(a) In the case of applications
§ 2.390 Public inspections, exemptions, of 10 CFR part 50.
requests for withholding. pursuant to appendix N of part 50 of
this chapter for construction permits for If a request for a hearing and/or
(a) Subject to the provisions of
nuclear power reactors of the type petition for leave to intervene is filed
paragraphs (b), (d), (e), and (f) of this
described in § 50.22 of this chapter, or within the time prescribed in the notice
section, final NRC records and
applications pursuant to appendix N of of proposed action on an application for
documents, including but not limited to
part 52 of this chapter for combined an operating license pursuant to
correspondence to and from the NRC
licenses, the Secretary will issue notices appendix N of part 50 of this chapter
regarding the issuance, denial,
of hearing pursuant to § 2.104. with respect to a specific reactor(s) at a
amendment, transfer, renewal, (b) The notice of hearing will also
modification, suspension, revocation, or specific site, and the Commission, the
state the time and place of the hearings Chief Administrative Judge, or a
violation of a license, permit, order, or on any separate phase of the proceeding.
standard design approval, or regarding a presiding officer has issued a notice of
rulemaking proceeding subject to this § 2.402 Separate hearings on separate hearing or other appropriate order, then
part shall not, in the absence of an NRC issues; consolidation of proceedings. the Commission, the Chief
determination of a compelling reason (a) In the case of applications under Administrative Judge, or the presiding
for nondisclosure after a balancing of appendix N of part 50 of this chapter for officer may order separate hearings on
the interests of the person or agency construction permits for nuclear power particular phases of the proceeding and/
urging nondisclosure and the public reactors of a type described in 10 CFR or consolidate for hearing two or more
interest in disclosure, be exempt from 50.22, or applications pursuant to proceedings in the manner described in
disclosure and will be made available appendix N of part 52 of this chapter for § 2.402.
§ 2.405 Initial decisions in consolidated § 2.501 Notice of hearing on application 2.623 Notice of hearing on application for
hearings. under subpart F of 10 CFR part 52 for a early review of site suitability issues in
license to manufacture nuclear power combined license proceeding.
At the conclusion of a hearing held reactors. 2.625 Additional considerations.
under this subpart, the presiding officer (a) In the case of an application under 2.627 Partial decision on site suitability
will render a partial initial decision on subpart F of part 52 of this chapter for issues in combined license proceeding.
the common design. The partial initial 2.629 Finality of partial decision on site
a license to manufacture nuclear power suitability issues in combined license
decision on the common design may be reactors of the type described in § 50.22 proceeding.
appealed under § 2.341. If the of this chapter to be operated at sites not
proceedings have also been identified in the license application, the § 2.600 Scope of subpart.
consolidated with respect to matters Secretary will issue a notice of hearing This subpart prescribes procedures
other than the common design under to be published in the Federal Register applicable to licensing proceedings
§ 2.317(b), the presiding officer may at least 30 days before the date set for which involve an early submittal of site
issue a consolidated partial initial hearing in the notice.1 The notice shall suitability information in accordance
decision for those proceedings. No be issued as soon as practicable after the with § 2.101(a–1) and (a–2), and a
construction permit, full-power application has been docketed. The hearing and early partial decision on
operating license, or combined license notice will state: issues of site suitability, in connection
under part 52 of this chapter will be * * * * * with an application for a permit to
issued until an initial decision has been (b) The notice of hearing shall comply construct a utilization facility which is
issued on all phases of the hearing and with the requirements of § 2.104(f) of subject to § 51.20(b) of this chapter and
all issues under the Act and the this chapter. is of the type specified in § 50.21(b)(2)
National Environmental Policy Act of * * * * * or (3) or § 50.22 of this chapter or is a
1969 appropriate to the proceeding have testing facility; or an application for a
§ 2.502 [Removed] combined license under part 52 of this
been resolved.
■ 28. Remove and reserve § 2.502. chapter for a nuclear power facility.
§ 2.406 Finality of decisions on separate (a) The procedures in §§ 2.601
issues. § 2.503 [Removed] through 2.609 apply to all applications
■ 29. Remove and reserve § 2.503. under this subpart.
Notwithstanding any other provision
(b) The procedures in §§ 2.611
of this chapter, in a proceeding § 2.504 [Removed] through 2.619 apply to applications for
conducted pursuant to this subpart and a permit to construct a utilization
appendices N of parts 50 or 52 of this ■ 30. Remove and reserve § 2.504.
facility which is subject to § 51.20(b) of
chapter, no matter which has been ■ 31. Subpart F is revised to read as
this chapter and is of the type specified
reserved for consideration in one phase follows:
in § 50.21(b)(2) or (3) or § 50.22 of this
of the hearing shall be considered at chapter or is a testing facility.
Subpart F—Additional Procedures
another phase of the hearing except on (c) The procedures in §§ 2.621
Applicable to Early Partial Decisions
the basis of significant new information on Site Suitability Issues in through 2.629 apply to applications for
that substantially affects the Connection With an Application for a combined license under part 52 of this
conclusion(s) reached at the other phase Construction Permit or Combined chapter for a nuclear power facility.
or other good cause. License for Certain Utilization Facilities § 2.601 Applicability of other sections.
§ 2.407 Applicability of other sections. Sec. The provisions of subparts A, C, G, L,
2.600 Scope of subpart. and N relating to applications for
The provisions of subparts A, C, G, L,
2.601 Applicability of other sections. construction permits and combined
and N of this part relating to
Early Partial Decisions on Site Suitability— licenses, and proceedings thereon
construction permits, operating licenses,
Construction Permit apply, respectively, to such applications
and combined licenses apply, and proceedings in accordance with this
respectively, to construction permits, 2.602 Filing Fees.
2.603 Acceptance and docketing of subpart, except as specifically provided
operating licenses, and combined otherwise by the provisions of this
application for early review of site
licenses subject to this subpart, except subpart.
suitability issues in a construction
as may be qualified by the provisions of permit proceeding.
this subpart. Early Partial Decisions on Site
2.604 Notice of hearing on application for
early review of site suitability issues in Suitability—Construction Permit
construction permit proceeding. § 2.602 Filing fees.
follows: 2.605 Additional considerations.
2.606 Partial decision on site suitability Each application which contains a
§ 2.500 Scope of subpart. request for early review of site
issues in construction permit
This subpart prescribes procedures proceeding. suitability issues under the procedures
applicable to licensing proceedings of this subpart shall be accompanied by
Early Partial Decisions on Site Suitability—
which involve the consideration in Combined License Under 10 CFR Part 52
any fee required by § 50.30(e) and part
separate hearings of an application for a 170 of this chapter.
2.621 Acceptance and docketing of
license to manufacture nuclear power application for early review of site § 2.603 Acceptance and docketing of
reactors under subpart F of part 52 of suitability issues in a combined license application for early review of site
this chapter. proceeding. suitability issues in a construction permit
proceeding.
■ 27. In § 2.501, the section heading, the 1 The thirty-day (30) requirement of this
(a) Each part of an application for a
introductory text of paragraph (a) and paragraph is not applicable to a notice of the time
construction permit submitted in
paragraph (b) are revised to read as and place of hearing published by the presiding
officer after the notice of hearing described in this accordance with § 2.101(a–1) of this part
follows: section has been published. will be initially treated as a tendered
application. If it is determined that any § 2.604 Notice of hearing on application on the remaining unresolved issues
one of the parts as described in for early review of site suitability issues in pursuant to the supplemental notice of
§ 2.101(a–1) is incomplete and not construction permit proceeding. hearing will be the same as the
acceptable for processing, the Director (a) Where an applicant for a membership designated to preside in
of the Office of New Reactors or the construction permit requests an early the initial notice of hearing on site
Director of the Office of Nuclear Reactor review and hearing and an early partial suitability issues.
Regulation, as appropriate, will inform decision on issues of site suitability
pursuant to § 2.101(a–1), the provisions § 2.605 Additional considerations.
the applicant of this determination and
the respects in which the document is in the notice of hearing setting forth the (a) The Commission will not conduct
deficient. Such a determination of matters of fact and law to be considered, more than one review of site suitability
as required by § 2.104, shall be modified issues with regard to a particular site
completeness will generally be made
so as to relate only to the site suitability prior to filing and review of part two of
within a period of 30 days.
issue or issues under review. the application described in § 2.101(a–1)
(b)(1) The Director of the Office of (b) After docketing of part two of the of this part.
New Reactors or the Director of the application, as provided in §§ 2.101(a– (b) The Commission, upon its own
Office of Nuclear Reactor Regulation, as 1) and 2.603, a supplementary notice of initiative, or upon the motion of any
appropriate, will accept for docketing hearing will be published under § 2.104 party to the proceeding filed at least 60
part one of an application for a with respect to the remaining days prior to the date of the
construction permit for a utilization unresolved issues in the proceeding commencement of the evidentiary
facility which is subject to § 51.20(b) of within the scope of § 2.104. This hearing on site suitability issues, may
this chapter and is of the type specified supplementary notice of hearing will decline to initiate an early hearing or
in § 50.21(b)(2) or (3) or § 50.22 of this provide that any person whose interest render an early partial decision on any
chapter, or is a testing facility where may be affected by the proceeding and issue or issues of site suitability:
part one of the application as described who desires to participate as a party in (1) In cases where no partial decision
in § 2.101(a–1) is complete. Part one of the resolution of the remaining issues on the relative merits of the proposed
any application will not be considered shall file a petition for leave to intervene site and alternative sites under subpart
complete unless it contains proposed pursuant to § 2.309 within the time A of part 51 of this chapter is requested,
findings as required by § 2.101(a–1)(1)(i) prescribed in the notice. This upon determination that there is a
and unless it describes the applicant’s supplementary notice will also provide reasonable likelihood that further
site selection process, specifies the appropriate opportunities for review would identify one or more
extent to which that process involves participation by a representative of an preferable alternative sites and the
the consideration of alternative sites, interested State under § 2.315(c) and for partial decision on one or more site
limited appearances under § 2.315(a). suitability issues would lead to an
explains the relationship between that (c) Any person who was permitted to
process and the application for early irreversible and irretrievable
intervene as a party under the initial commitment of resources prior to the
review of site suitability issues, and notice of hearing on site suitability
briefly describes the applicant’s long- submittal of the remainder of the
issues and who was not dismissed or information required by § 50.30(f) of this
range plans for ultimate development of did not withdraw as a party may
the site. Upon assignment of a docket chapter that would prejudice the later
continue to participate as a party to the review and decision on such alternative
number, the procedures in § 2.101(a)(3) proceeding with respect to the
and (4) relating to formal docketing and sites; or
remaining unresolved issues, provided (2) In cases where it appears that an
the submission and distribution of that within the time prescribed for filing early partial decision on any issue or
additional copies of the application of petitions for leave to intervene in the issues of site suitability would not be in
shall be followed. supplementary notice of hearing, he or the public interest considering:
(2) Additional parts of the application she files a notice of his intent to (i) The degree of likelihood that any
will be docketed upon a determination continue as a party, along with a early findings on those issues would
by the Director of the Office of New supporting affidavit identifying the retain their validity in later reviews;
Reactors or the Director of the Office of specific aspect or aspects of the subject (ii) The objections, if any, of cognizant
Nuclear Reactor Regulation, as matter of the proceeding as to which he State or local government agencies to
appropriate, that they are complete. or she wishes to continue to participate the conduct of an early review on those
as a party and setting forth with issues; and
(c) If part one of the application is particularity the basis for his
docketed, the Director of the Office of (iii) The possible effect on the public
contentions with regard to each aspect interest and the parties of having an
New Reactors or the Director of the or aspects. A party who files a non-
Office of Nuclear Reactor Regulation, as early, if not necessarily conclusive,
timely notice of intent to continue as a resolution of those issues.
appropriate, will cause to be published party may be dismissed from the
in the Federal Register and send to the proceeding, absent a determination that § 2.606 Partial decision on site suitability
Governor or other appropriate official of the party has made a substantial issues in construction permit proceeding.
the State in which the site is located, a showing of good cause for failure to file (a) The provisions of §§ 2.331, 2.339,
notice of docketing of the application on time, and with particular reference to 2.340, 2.343, 2.712, and 2.713 shall
which states the purpose of the the factors specified in §§ 2.309(c)(1)(i) apply to any partial initial decision
application, states the location of the through (iv) and 2.309(d). The notice rendered in accordance with this
proposed site, states that a notice of will be ruled upon by the Commission subpart. A limited work authorization
hearing will be published, requests or presiding officer designated to rule may not be issued under 10 CFR
comments within 120 days or such on petitions for leave to intervene. 50.10(e) and no construction permit
other time as may be specified on the (d) To the maximum extent may be issued without completion of
initiation or outcome of an early site practicable, the membership of any the full review required by Section
review from Federal, State, and local atomic safety and licensing board 102(2) of the National Environmental
agencies and interested persons. designated to preside in the proceeding Policy Act of 1969, as amended, and
subpart A of part 51 of this chapter. The Early Partial Decisions on Site comments within 120 days or such
authority of the Commission to review Suitability—Combined License Under other time as may be specified on the
such a partial initial decision sua 10 CFR Part 52 initiation or outcome of an early site
sponte, or to raise sua sponte an issue review from Federal, State, and local
§ 2.621 Acceptance and docketing of agencies and interested persons.
that has not been raised by the parties, application for early review of site
will be exercised within the same time suitability issues in a combined license § 2.623 Notice of hearing on application
period as in the case of a full decision proceeding. for early review of site suitability issues in
relating to the issuance of a construction (a) Each part of an application combined license proceeding.
permit. submitted in accordance with § 2.101(a– (a) Where an applicant for a combined
(b)(1) A partial decision on one or 1) of this part will be initially treated as license under part 52 of this chapter
more site suitability issues pursuant to a tendered application. If it is requests an early review and hearing
the applicable provisions of part 50, determined that any one of the parts as and an early partial decision on issues
subpart A of part 51, and part 100 of this described in § 2.101(a–1) is incomplete of site suitability pursuant to § 2.101(a–
chapter issued in accordance with this and not acceptable for processing, the 2), the provisions in the notice of
Director of the Office of New Reactors hearing setting forth the matters of fact
subpart shall:
or the Director of the Office of Nuclear and law to be considered, as required by
(i) Clearly identify the site to which Reactor Regulation, as appropriate, will § 2.104, shall be modified so as to relate
the partial decision applies; and inform the applicant of this only to the site suitability issue or issues
(ii) Indicate to what extent additional determination and the respects in which under review. The notice will provide
information may be needed and the document is deficient. Such a appropriate opportunities for
additional review may be required to determination of completeness will participation by a representative of an
enable the Commission to determine in generally be made within a period of 30 interested State under § 2.315(c) and for
accordance with the provisions of the days. limited appearances under § 2.315(a),
Act and the applicable provisions of the (b)(1) The Director of the Office of limited however, to the issues of site
regulations in this chapter whether a New Reactors or the Director of the suitability for which early review has
Office of Nuclear Reactor Regulation, as been requested by the applicant.
construction permit for a facility to be
appropriate, will accept for docketing an (b) After docketing of part two of the
located on the site identified in the application, as provided in §§ 2.101(a–
application for a combined license for a
partial decision should be issued or 1) and 2.603, a supplementary notice of
nuclear power facility where part one of
denied. the application as described in hearing will be published under § 2.104
(2) Following either the Commission § 2.101(a–1) is complete. Part one of any with respect to the remaining
(acting in the function of a presiding application will not be considered unresolved issues in the proceeding
officer) issuance of a partial initial complete unless it contains proposed within the scope of § 2.104. This
decision, or completion of Commission findings as required by § 2.101(a–1)(1)(i) supplementary notice of hearing will
review of the partial initial decision of and unless it describes the applicant’s provide that any person whose interest
the Atomic Safety and Licensing Board, site selection process, specifies the may be affected by the proceeding and
after hearing, on the site suitability extent to which that process involves who desires to participate as a party in
issues, the partial decision shall remain the consideration of alternative sites, the resolution of the remaining issues
in effect either for a period of 5 years or, explains the relationship between that shall file a petition for leave to intervene
where the applicant for the construction process and the application for early pursuant to § 2.309 within the time
permit has made timely submittal of the review of site suitability issues, and prescribed in the notice. This
information required to support the briefly describes the applicant’s long- supplementary notice will also provide
application as provided in § 2.101(a–1), range plans for ultimate development of appropriate opportunities for
the site. Upon assignment of a docket participation by a representative of an
until the proceeding for a permit to
number, the procedures in § 2.101(a)(3) interested State under § 2.315(c) and for
construct a facility on the site identified
and (4) relating to formal docketing and limited appearances under § 2.315(a).
in the partial decision has been (c) Any person who was permitted to
the submission and distribution of
concluded,3 unless the Commission or intervene as a party under the initial
additional copies of the application
Atomic Safety and Licensing Board, shall be followed. notice of hearing on site suitability
upon its own initiative or upon motion (2) Additional parts of the application issues and who was not dismissed or
by a party to the proceeding, finds that will be docketed upon a determination did not withdraw as a party may
there exists significant new information by the Director of the Office of New continue to participate as a party to the
that substantially affects the earlier Reactors or the Director of the Office of proceeding without having to
conclusions and reopens the hearing Nuclear Reactor Regulation, as demonstrate standing under § 2.309(d),
record on site suitability issues. Upon appropriate, that they are complete. provided, however, that within the time
good cause shown, the Commission may (c) If part one of the application is prescribed for filing of petitions for
extend the 5-year period during which docketed, the Director of the Office of leave to intervene in the supplementary
a partial decision shall remain in effect New Reactors or the Director of the notice of hearing, the party files a notice
for a reasonable period of time not to Office of Nuclear Reactor Regulation, as of intent to continue as a party. The
exceed 1 year. appropriate, will cause to be published notice must include the information
in the Federal Register and send to the required by § 2.309(f). A party who files
Governor or other appropriate official of a non-timely notice of intent to continue
the State in which the site is located, a as a party may be dismissed from the
3 The partial decision on site suitability issues

notice of docketing of the application proceeding, absent a determination that
shall be incorporated in the decision regarding
which states the purpose of the the party has made a substantial
issuance of the combined license to the extent that application, states the location of the showing of good cause for failure to file
it serves as a basis for the decision on a specific site proposed site, states that a notice of on time, and with particular reference to
issue. hearing will be published, requests the factors specified in §§ 2.309(c)(1)(i)
through (iv) and 2.309(d). The notice apply to any partial initial decision § 2.629 Finality of partial decision on site
will be ruled upon by the Commission rendered in accordance with this suitability issues in a combined license
or presiding officer designated to rule subpart. Section 2.340(c) shall not apply proceeding.
on petitions for leave to intervene. to any partial initial decision rendered (a) The partial decision on site
(d) To the maximum extent in accordance with this subpart. A suitability issues in a combined license
practicable, the presiding officer (as limited work authorization may not be proceeding shall be incorporated in the
applicable, the membership of the issued under 10 CFR 50.10(e) and no decision regarding issuance of a
licensing board) designated to preside in construction permit may be issued combined license. Except as provided in
the proceeding on the remaining without completion of the full review 10 CFR 2.758, in making the findings
unresolved issues pursuant to the required by Section 102(2) of the required for issuance of a combined
supplemental notice of hearing will be National Environmental Policy Act of license, the Commission shall treat as
the same as the presiding officer (as 1969, as amended, and subpart A of part resolved those matters resolved in
applicable, the membership of the 51 of this chapter. The authority of the connection with the issuance of the
licensing board) designated to preside in Commission to review such a partial partial decision on site suitability
the initial notice of hearing on site initial decision sua sponte, or to raise issues. If the Commission reaches an
suitability issues. sua sponte an issue that has not been adverse decision, the application shall
raised by the parties, will be exercised be denied without prejudice for
§ 2.625 Additional considerations. resubmission, provided, however, that
within the same time period as in the
(a) The Commission will not conduct case of a full decision relating to the in determining whether the resubmitted
more than one review of site suitability issuance of a construction permit. application is complete and acceptable
issues with regard to a particular site for docketing under § 2.101(a)(3), the
prior to filing and review of part two of (b)(1) A partial decision on one or Director of the Office of New Reactors
the application described in § 2.101(a–1) more site suitability issues pursuant to or the Director of the Office of Nuclear
of this part. the applicable provisions of part 50, Reactor Regulation, as appropriate, shall
(b) The Commission, upon its own subpart A of part 51, and part 100 of this determine whether the resubmitted
initiative, or upon the motion of any chapter issued in accordance with this application addresses those matters
party to the proceeding filed at least 60 subpart shall: identified as bases for denial of the
days prior to the date of the (i) Clearly identify the site to which original application.
commencement of the evidentiary the partial decision applies; and (b) Notwithstanding any provision in
hearing on site suitability issues, may (ii) Indicate to what extent additional 10 CFR 50.109, while a partial decision
decline to initiate an early hearing or information may be needed and on site suitability is in effect under
render an early partial decision on any additional review may be required to § 2.617(b)(2), the Commission may not
issue or issues of site suitability: enable the Commission to determine in modify, rescind, or impose new
(1) In cases where no partial decision accordance with the provisions of the requirements with respect to matters
on the relative merits of the proposed Act and the applicable provisions of the within the scope of the site suitability
site and alternative sites under subpart regulations in this chapter whether a decision, whether on its own motion, or
A of part 51 is requested, upon construction permit for a facility to be in response to a request or petition from
determination that there is a reasonable located on the site identified in the any person, unless the Commission
likelihood that further review would partial decision should be issued or determines that a modification to the
identify one or more preferable denied. original decision is necessary either for
alternative sites and the partial decision compliance with the Commission’s
(2) Following either the Commission regulations applicable and in effect at
on one or more site suitability issues
(acting in the function of a presiding the time the partial decision was issued,
would lead to an irreversible and
officer) issuance of a partial initial or to assure adequate protection of the
irretrievable commitment of resources
decision, or completion of Commission public health and safety or the common
prior to the submittal of the remainder
review of the partial initial decision of defense and security.
of the information required by § 50.30(f)
the presiding officer, after hearing, on
of this chapter that would prejudice the ■ 32. Section 2.800 is revised to read as
the site suitability issues, the partial
later review and decision on such follows:
decision shall remain in effect either for
alternative sites; or
(2) In cases where it appears that an a period of 5 years or, where the § 2.800 Scope and applicability.
early partial decision on any issue or applicant for the combined license has (a) This subpart governs the issuance,
issues of site suitability would not be in made timely submittal of the amendment, and repeal of regulations in
the public interest considering: information required to support the which participation by interested
(i) The degree of likelihood that any application as provided in § 2.101(a–2), persons is prescribed under Section 553
early findings on those issues would until the proceeding for a combined of title 5 of the U.S. Code.
retain their validity in later reviews; license on the site identified in the (b) The procedures in §§ 2.804
(ii) The objections, if any, of cognizant partial decision has been concluded, through 2.810 apply to all rulemakings.
State or local government agencies to unless the Commission or presiding (c) The procedures in §§ 2.802
the conduct of an early review on those officer, upon its own initiative or upon through 2.803 apply to all petitions for
issues; and motion by a party to the proceeding, rulemaking except for initial
(iii) The possible effect on the public finds that there exists significant new applications for standard design
interest and the parties of having an information that substantially affects the certification rulemaking under subpart
early, if not necessarily conclusive, earlier conclusions and reopens the B of part 52 of this chapter, and
resolution of those issues. hearing record on site suitability issues. subsequent petitions for amendment of
Upon good cause shown, the an existing design certification rule filed
§ 2.627 Partial decision on site suitability Commission may extend the 5-year by the original applicant for the design
issues in combined license proceeding. period during which a partial decision certification rule.
(a) The provisions of §§ 2.331, 2.339, shall remain in effect for a reasonable (d) The procedures in §§ 2.811
2.340(b), 2.343, 2.712, and 2.713 shall period of time not to exceed 1 year. through 2.819, as supplemented by the
provisions of subpart B of part 52, apply Office of Nuclear Reactor Regulation, or 0001. The guidance discusses, among
to standard design certification the Director, Office of Nuclear Material other topics, the formats the NRC can
rulemaking. Safety and Safeguards, as appropriate. accept, the use of electronic signatures,
■ 33. Section 2.801 is revised to read as (d) Public hearing copy. In any and the treatment of nonpublic
follows: hearing conducted under subpart O of information. If the communication is on
this part for a design certification paper, the signed original must be sent.
§ 2.801 Initiation of rulemaking. rulemaking, the applicant must make a If a submission due date falls on a
Rulemaking may be initiated by the copy of the updated application Saturday, Sunday, or Federal holiday,
Commission at its own instance, on the available at the public hearing for the the next Federal working day becomes
recommendation of another agency of use of any other parties to the the official due date.
the United States, or on the petition of proceeding, and shall certify that the (b) Form of communications. All
any other interested person, including updated copies of the application paper copies submitted to meet the
an application for design certification contain the current contents of the requirements set forth in paragraph (a)
under subpart B of part 52 of this application submitted in accordance of this section must be typewritten,
chapter. with the requirements of this part. printed or otherwise reproduced in
■ 34. In subpart H, §§ 2.811, 2.813, (e) Pre-application consultation. A permanent form on unglazed paper.
2.815, 2.817 and 2.819 are added to read prospective applicant for a standard Exceptions to these requirements
as follows: design certification may consult with imposed on paper submissions may be
the NRC before filing an application by granted for the submission of
§ 2.811 Filing of standard design
writing to the Director, Division of New micrographic, photographic, or similar
certification application; required copies.
Reactor Licensing, U.S. Nuclear forms.
(a) Serving of applications. The signed Regulatory Commission, Washington, (c) Regulation governing submission.
original of an application for a standard DC 20555–0001, with respect to the An applicant submitting
design certification, including all subject matters listed in § 2.802(a)(1)(i) correspondence, reports, and other
amendments to the applications, must through (iii) of this chapter. A written communications under the
be sent either by mail addressed: ATTN: prospective petitioner also may regulations of this chapter is requested
Document Control Desk, U.S. Nuclear telephone the Rulemaking, Directives, but not required to cite whenever
Regulatory Commission, Washington, and Editing Branch on (301) 415–7163, practical, in the upper right corner of
DC 20555–0001; by facsimile; by hand or toll free on (800) 368–5642, or send the first page of the submission, the
delivery to the NRC’s offices at 11555 e-mail to NRCREP@nrc.gov on these specific regulation or other basis
Rockville Pike, Rockville, Maryland, subject matters. In addition, a requiring submission.
between the hours of 7:30 a.m. and 4:15 prospective applicant may confer
p.m. eastern time; or, where practicable, informally with the NRC staff BEFORE § 2.815 Docketing and acceptance review.
by electronic submission, for example, filing an application for a standard (a) Each application for a standard
via Electronic Information Exchange, e- design certification, and the limitations design certification will be assigned a
mail, or CD–ROM. Electronic in § 2.802(a)(2) do not apply. docket number. However, to allow a
submissions must be made in a manner determination as to whether an
that enables the NRC to receive, read, § 2.813 Written communications.
application is complete and acceptable
authenticate, distribute, and archive the (a) General requirements. All for docketing, it will be initially treated
submission, and process and retrieve it correspondence, reports, and other as a tendered application. A copy of the
a single page at a time. Detailed written communications from the tendered application will be available
guidance on making electronic applicant to the Nuclear Regulatory for public inspection at the NRC Web
submissions can be obtained by visiting Commission concerning the regulations site, http://www.nrc.gov, and/or at the
the NRC’s Web site at http:// in this subpart, and parts 50, 52, and NRC Public Document Room. Generally,
www.nrc.gov/site-help/e- 100 of this chapter must be sent either the determination on acceptability for
submittals.html, by calling (301) 415– by mail addressed: ATTN: Document docketing will be made within a period
0439, by e-mail at EIE@nrc.gov, or by Control Desk, U.S. Nuclear Regulatory of 30 days. The Commission may decide
writing the Office of Information Commission, Washington, DC 20555– to determine acceptability on the basis
Services, U.S. Nuclear Regulatory 0001; by hand delivery to the NRC’s of the technical adequacy of the
Commission, Washington, DC 20555– offices at 11555 Rockville Pike, application as well as its completeness.
0001. The guidance discusses, among Rockville, Maryland, between the hours (b) If the Commission determines that
other topics, the formats the NRC can of 7:30 a.m. and 4:15 p.m. eastern time; a tendered application is complete and
accept, the use of electronic signatures, or, where practicable, by electronic acceptable for docketing, a docket
and the treatment of nonpublic submission, for example, via Electronic number will be assigned to the
information. If the communication is on Information Exchange, e-mail, or CD– application or part thereof, and the
paper, the signed original must be sent. ROM. Electronic submissions must be applicant will be notified of the
(b) Form of application. Each original made in a manner that enables the NRC determination.
of an application and an amendment of to receive, read, authenticate, distribute,
an application must meet the and archive the submission, and process § 2.817 Withdrawal of application.
requirements in § 2.813. and retrieve it a single page at a time. (a) The Commission may permit an
(c) Capability to provide additional Detailed guidance on making electronic applicant to withdraw an application for
copies. The applicant shall maintain the submissions can be obtained by visiting a standard design certification before
capability to generate additional copies the NRC’s Web site at http:// the issuance of a notice of proposed
of the general information and the safety www.nrc.gov/site-help/e- rulemaking on such terms and
analysis report, or part thereof or submittals.html, by calling (301) 415– conditions as the Commission may
amendment thereto, for subsequent 0439, by e-mail at EIE@nrc.gov, or by prescribe, or may, on receiving a request
distribution in accordance with the writing the Office of Information for withdrawal of an application, deny
written instructions of the Director, Services, U.S. Nuclear Regulatory the application or dismiss it without
Office of New Reactors, the Director, Commission, Washington, DC 20555– prejudice. The NRC will publish in the
Federal Register a document facility (including an application for a or for access to national security
withdrawing the application, if the limited work authorization under 10 information;
notice of receipt of the application, an CFR 50.12, or an application for a (2) The eligibility of NRC employees,
advance notice of proposed rulemaking, combined license under subpart C of 10 or the eligibility of applicants for
or a notice of proposed rulemaking for CFR part 52); employment with the NRC, for
the standard design certification has (2) An application for an early site employment clearance; and
been previously published in the permit under subpart A of 10 CFR part (3) The eligibility of individuals who
Federal Register. If the notice of receipt, 52; are employed by or are applicants for
advance notice of proposed rulemaking (3) An application for a employment with NRC licensees,
or notice of proposed rulemaking was manufacturing license under subpart F certificate holders, holders of standard
published on the NRC Web site, then of 10 CFR part 52; design approvals under part 52 of this
the notice of action on the withdrawal (4) An application for an amendment chapter, applicants for licenses,
will also be published on the NRC Web to a construction authorization for a certificates, and NRC approvals, and
site. high-level radioactive waste repository others who may require access related to
(b) The withdrawal of an application at a geologic repository operations area a license, certificate, or NRC approval,
does not authorize the removal of any falling under either 10 CFR 60.32(c)(1) or other activities as the Commission
document from the files of the or 10 CFR part 63; may determine, for access to Restricted
Commission. (5) An application for the Data under the Atomic Energy Act of
construction and operation of an 1954, as amended, and the Energy
§ 2.819 Denial of application for failure to
independent spent fuel storage Reorganization Act of 1974, or for access
supply information.
installation (ISFSI) located at a site to national security information.
(a) The Commission may deny an other than a reactor site or a monitored
application for a standard design * * * * *
retrievable storage installation (MRS)
certification if an applicant fails to ■ 39. In § 10.2, paragraph (b) is revised
under 10 CFR part 72; and
respond to a request for additional (6) Production or utilization facility to read as follows:
information within 30 days from the licensing actions that involve significant § 10.2 Scope.
date of the request, or within such other hazards considerations as defined in 10
time as may be specified. * * * * *
CFR 50.92. (b) NRC licensees, certificate holders
(b) If the Commission denies an
application because the applicant has * * * * * and holders of standard design
failed to respond in a timely fashion to approvals under part 52 of this chapter,
§ 2.1211 [Removed]
a request for additional information, the applicants for licenses, certificates, and
NRC will publish in the Federal ■ 36. Section 2.1211 is removed. standard design approvals under part 52
Register a notice of denial and will of this chapter, and their employees
PART 10—CRITERIA AND (including consultants) and applicants
notify the applicant with a simple
PROCEDURES FOR DETERMINING for employment (including consulting);
statement of the grounds of denial. If a
ELIGIBILITY FOR ACCESS TO
notice of receipt of application, advance * * * * *
RESTRICTED DATA OR NATIONAL
notice of proposed rulemaking, or notice
SECURITY INFORMATION OR AN PART 19—NOTICES, INSTRUCTIONS
of proposed rulemaking for a standard
EMPLOYMENT CLEARANCE AND REPORTS TO WORKERS;
design certification was published on
the NRC Web site, then the notice of ■ 37. The authority citation for part 10 INSPECTION AND INVESTIGATIONS
action on the denial will also be continues to read as follows:
published on the NRC Web site. ■ 40. The authority citation for part 19
Authority: Secs. 145, 161, 68 Stat. 942, is revised to read as follows:
■ 35. In § 2.1202, paragraph (a) is 948, as amended (42 U.S.C. 2165, 2201); sec.
Authority: Secs. 53, 63, 81, 103, 104, 161,
revised to read as follows: 201, 88 Stat. 1242, as amended (42 U.S.C.
186, 68 Stat. 930, 933, 935, 936, 937, 948,
5841); E.O. 10450, 3 CFR parts 1949–1953
§ 2.1202 Authority and role of NRC staff. 955, as amended, sec. 234, 83 Stat. 444, as
COMP., p. 936, as amended; E.O. 10865, 3
amended, sec. 1701, 106 Stat. 2951, 2952,
(a) During the pendency of any CFR 1959–1963 COMP., p. 398, as amended;
2953 (42 U.S.C. 2073, 2093, 2111, 2133, 2134,
hearing under this subpart, consistent 3 CFR Table 4; E.O. 12968, 3 CFR 1995
2201, 2236, 2282, 2297f); sec. 201, 88 Stat.
with the NRC staff’s findings in its COM., p. 396.
1242, as amended (42 U.S.C. 5841); Pub. L.
review of the application or matter ■ 38. In § 10.1, paragraphs (a)(1) and 95–601, sec. 10, 92 Stat. 2951 (42 U.S.C.
which is the subject of the hearing and (a)(2) are revised and paragraph (a)(3) is 5851); sec. 1704, 112 Stat. 2750 (44 U.S.C.
as authorized by law, the NRC staff is added to read as follows: 3504 note).
expected to issue its approval or denial Section 19.32 is also issued under sec. 401,
of the application promptly, or take § 10.1 Purpose. 88 Stat. 1254 (42 U.S.C. 2000d, 42 U.S.C.
other appropriate action on the (a) * * * 5891).
underlying regulatory matter for which (1) The eligibility of individuals who ■ 41. Section 19.1 is revised to read as
a hearing was provided. When the NRC are employed by or applicants for follows:
staff takes its action, it shall notify the employment with NRC contractors,
presiding officer and the parties to the agents, and other individuals who are § 19.1 Purpose.
proceeding of its action. That notice NRC employees or applicants for NRC The regulations in this part establish
must include the NRC staff’s position on employment, and other persons requirements for notices, instructions,
the matters in controversy before the designated by the Deputy Executive and reports by licensees and regulated
presiding officer with respect to the staff Director for Information Services and entities to individuals participating in
action. The NRC staff’s action on the Administration and Chief Information NRC-licensed and regulated activities
matter is effective upon issuance by the Officer of the NRC, for access to and options available to these
staff, except in matters involving: Restricted Data under the Atomic individuals in connection with
(1) An application to construct and/or Energy Act of 1954, as amended, and Commission inspections of licensees
operate a production or utilization the Energy Reorganization Act of 1974, and regulated entities, and to ascertain
compliance with the provisions of the 39, 40, 60, 61, 63, 70, or 72 of this or (2) of this section is not practicable,
Atomic Energy Act of 1954, as amended, chapter, including licenses to the licensee or regulated entity may post
titles II and IV of the Energy manufacture, construct and/or operate a a notice which describes the document
Reorganization Act of 1974, and production or utilization facility under and states where it may be examined.
regulations, orders, and licenses parts 50, 52, or 54 of this chapter. (e)(1) Each licensee, each applicant
thereunder. The regulations in this part * * * * * for a specific license, each applicant for
also establish the rights and Regulated activities means any or holder of a standard design approval
responsibilities of the Commission and activity carried on which is under the under subpart E of part 52 of this
individuals during interviews jurisdiction of the NRC under the chapter, each applicant for an early site
compelled by subpoena as part of Atomic Energy Act of 1954, as amended, permit under subpart A of part 52 of this
agency inspections or investigations or any title of the Energy Reorganization chapter, and each applicant for a
under Section 161c of the Atomic Act of 1972, as amended. standard design certification under
Energy Act of 1954, as amended, on any Regulated entities means any subpart B of part 52 of this chapter shall
matter within the Commission’s individual, person, organization, or prominently post NRC Form 3, ‘‘Notice
jurisdiction. corporation that is subject to the to Employees,’’ dated August 1997.
regulatory jurisdiction of the NRC, Later versions of NRC Form 3 that
■ 42. Section 19.2 is revised to read as including (but not limited to) an supersede the August 1997 version shall
follows: applicant for or holder of a standard replace the previously posted version
§ 19.2 Scope. design approval under subpart E of part within 30 days of receiving the revised
52 of this chapter or a standard design NRC Form 3 from the Commission.
(a) The regulations in this part apply
certification under subpart B of part 52 (2) Additional copies of NRC Form 3
to:
(1) All persons who receive, possess, of this chapter. may be obtained by writing to the
use, or transfer material licensed by the * * * * * Regional Administrator of the
NRC under the regulations in parts 30 Worker means an individual engaged appropriate U.S. Nuclear Regulatory
through 36, 39, 40, 60, 61, 63, 70, or 72 in activities licensed or regulated by the Commission Regional Office listed in
of this chapter, including persons Commission and controlled by a appendix D to part 20 of this chapter, by
licensed to operate a production or licensee or regulated entity, but does not calling (301) 415–7232, via e-mail to
utilization facility under parts 50 or 52 include the licensee or regulated entity. forms@nrc.gov, or by visiting the NRC’s
of this chapter, persons licensed to Web site at http://www.nrc.gov and
■ 44. In § 19.11, paragraph (c) is selecting forms from the index found on
possess power reactor spent fuel in an removed and reserved, and the
independent spent fuel storage the home page.
introductory text of paragraph (a), (f) Documents, notices, or forms
installation (ISFSI) under part 72 of this paragraphs (b), (d), and (e) are revised,
chapter, and in accordance with 10 CFR posted under this section shall appear
and paragraphs (f) and (g) are added to in a sufficient number of places to
76.60 to persons required to obtain a read as follows:
certificate of compliance or an approved permit individuals engaged in NRC-
compliance plan under part 76 of this § 19.11 Posting of notices to workers. licensed or regulated activities to
chapter; (a) Each licensee (except for a holder observe them on the way to or from any
(2) All applicants for and holders of of an early site permit under subpart A particular licensed or regulated activity
licenses (including construction permits of part 52 of this chapter, or a holder of location to which the document applies,
and early site permits) under parts 50, a manufacturing license under subpart F shall be conspicuous, and shall be
52, and 54 of this chapter; of part 52 of this chapter) shall post replaced if defaced or altered.
(3) All applicants for and holders of current copies of the following (g) Commission documents posted
a standard design approval under documents: under paragraphs (a)(4) or (b)(3) of this
subpart E of part 52 of this chapter; and section shall be posted within 2 working
* * * * * days after receipt of the documents from
(4) All applicants for a standard
(b) Each applicant for and holder of a the Commission; the licensee’s or
design certification under subpart B of
standard design approval under subpart regulated entity’s response, if any, shall
part 52 of this chapter, and those
E of part 52 of this chapter, each be posted within 2 working days after
(former) applicants whose designs have
applicant for an early site permit under dispatch by the licensee or regulated
been certified under that subpart.
(b) The regulations in this part subpart A of part 52 of this chapter, entity. These documents shall remain
regarding interviews of individuals each applicant for a standard design posted for a minimum of 5 working days
under subpoena apply to all certification under subpart B of part 52 or until action correcting the violation
investigations and inspections within of this chapter, and each applicant for has been completed, whichever is later.
the jurisdiction of the NRC other than and holder of a manufacturing license
those involving NRC employees or NRC under subpart F of part 52 of this ■ 45. Section 19.14 is revised to read as
contractors. The regulations in this part chapter shall post: follows:
(1) The regulations in this part;
do not apply to subpoenas issued under (2) The operating procedures § 19.14 Presence of representatives of
10 CFR 2.702. applicable to the activities regulated by licensees and regulated entities, and
workers during inspections.
■ 43. In § 19.3 the definitions of License the NRC which are being conducted by
and Worker are revised, and the the applicant or holder; and (a) Each licensee, applicant for a
definitions of Regulated entities and (3) Any notice of violation, proposed license, applicant for or holder of a
Regulated activities are added to read as imposition of civil penalty, or order standard design approval under subpart
follows: issued under subpart B of part 2 of this E of part 52 of this chapter, applicant for
chapter, and any response from the an early site permit under subpart A of
§ 19.3 Definitions. applicant or holder. part 52 of this chapter, and applicant for
* * * * * (c) [Reserved] a standard design certification under
License means a license issued under (d) If posting of a document specified subpart B of part 52 of this chapter shall
the regulations in parts 30 through 36, in paragraphs (a)(1), (2) or (3), or (b)(1) afford to the Commission at all
reasonable times opportunity to inspect § 19.20 Employee protection. § 20.1002 Scope.

materials, activities, facilities, premises, Employment discrimination by a The regulations in this part apply to
and records under the regulations in licensee, a holder of a certificate of persons licensed by the Commission to
this chapter. compliance issued under part 76 of this receive, possess, use, transfer, or
(b) During an inspection, Commission chapter or regulated entity subject to the dispose of byproduct, source, or special
inspectors may consult privately with requirements in this part as delineated nuclear material or to operate a
workers as specified in § 19.15. The in § 19.2(a), or a contractor or production or utilization facility under
licensee, regulated entity, or the subcontractor of a licensee, a holder of parts 30 through 36, 39, 40, 50, 52, 60,
licensee’s or regulated entity’s a certificate of compliance issued under 61, 63, 70, or 72 of this chapter, and in
representative may accompany part 76 of this chapter, or regulated accordance with 10 CFR 76.60 to
Commission inspectors during other entity subject to the requirements in this persons required to obtain a certificate
phrases of an inspection. part as delineated in § 19.2(a), against an of compliance or an approved
(c) If, at the time of inspection, an employee for engaging in protected compliance plan under part 76 of this
individual has been authorized by the activities under this part or parts 30, 40, chapter. The limits in this part do not
workers to represent them during 50, 52, 54, 60, 61, 63, 70, 72, 76, or 150 apply to doses due to background
Commission inspections, the licensee or of this chapter is prohibited. radiation, to exposure of patients to
regulated entity shall notify the radiation for the purpose of medical
inspectors of such authorization and ■ 47. Section 19.31 is revised to read as
diagnosis or therapy, to exposure from
shall give the workers’ representative an follows:
individuals administered radioactive
opportunity to accompany the § 19.31 Application for exemptions. material and released under § 35.75, or
inspectors during the inspection of The Commission may, upon to exposure from voluntary
physical working conditions. application by any interested person or participation in medical research
(d) Each workers’ representative shall programs.
upon its own initiative, grant such
be routinely engaged in NRC-licensed or ■ 51. In § 20.1401 paragraph (a) is
exemptions from the requirements of
regulated activities under control of the revised to read as follows:
the regulations in this part as it
licensee or regulated entity, and shall
determines are authorized by law, will
have received instructions as specified § 20.1401 General provisions and scope.
not result in undue hazard to life and
in § 19.12. (a) The criteria in this subpart apply
(e) Different representatives of property.
to the decommissioning of facilities
licensees or regulated entities, and ■ 48. Section 19.32 is revised to read as licensed under parts 30, 40, 50, 52, 60,
workers may accompany the inspectors follows: 61, 63, 70, and 72 of this chapter, and
during different phases of an inspection release of part of a facility or site for
if there is no resulting interference with § 19.32 Discrimination prohibited.
unrestricted use in accordance with
the conduct of the inspection. However, No person shall on the grounds of sex § 50.83 of this chapter, as well as other
only one workers’ representative at a be excluded from participation in, be facilities subject to the Commission’s
time may accompany the inspectors. denied a license, be denied the benefit jurisdiction under the Atomic Energy
(f) With the approval of the licensee of, or be subjected to discrimination Act of 1954, as amended, and the
or regulated entity, and the workers’ under any program or activity carried on Energy Reorganization Act of 1974, as
representative an individual who is not which is under the jurisdiction of the amended. For high-level and low-level
routinely engaged in licensed or NRC under the Atomic Energy Act of waste disposal facilities (10 CFR parts
regulated activities under control of the 1954, as amended, or under any title of 60, 61, and 63), the criteria apply only
license or regulated entity (for example, the Energy Reorganization Act of 1974, to ancillary surface facilities that
a consultant to the licensee, the as amended. This provision will be support radioactive waste disposal
regulated entity, or the workers’ enforced through agency provisions and activities. The criteria do not apply to
representative), shall be afforded the regulations similar to those already uranium and thorium recovery facilities
opportunity to accompany Commission established, with respect to racial and already subject to appendix A to 10 CFR
inspectors during the inspection of other discrimination, under Title VI of part 40 or the uranium solution
physical working conditions. the Civil Rights Act of 1964. This extraction facilities.
(g) Notwithstanding the other remedy is not exclusive, however, and
provisions of this section, Commission will not prejudice or cut off any other * * * * *
inspectors are authorized to refuse to legal remedies available to a ■ 52. Section 20.1406 is revised to read
permit accompaniment by any discriminatee. as follows:
individual who deliberately interferes § 20.1406 Minimization of contamination.
with a fair and orderly inspection. With PART 20—STANDARDS FOR
regard to areas containing information PROTECTION AGAINST RADIATION (a) Applicants for licenses, other than
classified by an agency of the U.S. early site permits and manufacturing
■ 49. The authority citation for Part 20 licenses under part 52 of this chapter
Government in the interest of national
continues to read as follows: and renewals, whose applications are
security, an individual who
accompanies an inspector may have Authority: Secs. 53, 63, 65, 81, 103, 104, submitted after August 20, 1997, shall
access to such information only if 161, 182, 186, 68 Stat. 930, 933, 935, 936, describe in the application how facility
authorized to do so. With regard to any 937, 948, 953, 955, as amended, sec. 1701, design and procedures for operation
area containing proprietary information,
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, will minimize, to the extent practicable,
2093, 2095, 2111, 2133, 2134, 2201, 2232, contamination of the facility and the
the workers’ representative for that area 2236, 2297f), secs. 201, as amended, 202,
shall be an individual previously environment, facilitate eventual
206, 88 Stat. 1242, as amended, 1244, 1246 decommissioning, and minimize, to the
authorized by the licensee or regulated (42 U.S.C. 5841, 5842, 5846); sec. 1704, 112
entity to enter that area. Stat. 2750 (44 U.S.C. 3504 note).
extent practicable, the generation of
radioactive waste.
■ 46. Section 19.20 is revised to read as ■ 50. Section 20.1002 is revised to read (b) Applicants for standard design
follows: as follows: certifications, standard design
approvals, and manufacturing licenses Authority: Sec. 161, 68 Stat. 948, as chapter, or who has supplied or is
under part 52 of this chapter, whose amended, sec. 234, 83 Stat. 444, as amended, supplying basic components with
applications are submitted after August sec. 1701, 106 Stat. 2951, 2953 (42 U.S.C. respect to that design certification;
20, 1997, shall describe in the 2201, 2282, 2297f); secs. 201, as amended, (4) Each individual, corporation,
206, 88 Stat. 1242, as amended 1246 (42
application how facility design will U.S.C. 5841, 5846); sec. 1704, 112 Stat. 2750
partnership, or other entity doing
minimize, to the extent practicable, (44 U.S.C. 3504 note). business within the United States, and
contamination of the facility and the Section 21.2 also issued under secs. 135, each director and responsible officer of
environment, facilitate eventual 141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 such an organization, applying for or
decommissioning, and minimize, to the U.S.C. 10155, 10161). holding a standard design approval
extent practicable, the generation of under part 52 of this chapter; or
radioactive waste. ■ 55. In § 21.2, paragraphs (a), (b), and supplying basic components with
(c) are revised to read as follows: respect to a standard design approval
■ 53. In § 20.2203, paragraphs (c) and
(d) are revised to read as follows: § 21.2 Scope. under part 52 of this chapter;
(a) The regulations in this part apply, (b) For persons licensed to construct
§ 20.2203 Reports of exposures, radiation except as specifically provided a facility under either a construction
levels, and concentrations of radioactive permit issued under § 50.23 of this
otherwise in parts 31, 34, 35, 39, 40, 60,
material exceeding the constraints or limits. chapter or a combined license under
61, 63, 70, or part 72 of this chapter, to:
* * * * * (1) Each individual, partnership, part 52 of this chapter (for the period of
(c) For holders of an operating license corporation, or other entity applying for construction until the date that the
or a combined license for a nuclear or holding a license or permit under the Commission makes the finding under
power plant, the occurrences included regulations in this chapter to possess, § 52.103(g) of this chapter), or to
in paragraph (a) of this section must be use, or transfer within the United States manufacture a facility under part 52 of
reported in accordance with the source material, byproduct material, this chapter, evaluation of potential
procedures described in §§ 50.73(b), (c), defects and failures to comply and
special nuclear material, and/or spent
(d), (e), and (g) of this chapter, and must reporting of defects and failures to
fuel and high-level radioactive waste, or
include the information required by comply under § 50.55(e) of this chapter
to construct, manufacture, possess, own,
paragraph (b) of this section. satisfies each person’s evaluation,
operate, or transfer within the United
Occurrences reported in accordance notification, and reporting obligation to
States, any production or utilization
with § 50.73 of this chapter need not be report defects and failures to comply
facility or independent spent fuel
reported by a duplicate report under under this part and the responsibility of
storage installation (ISFSI) or monitored
paragraph (a) of this section. individual directors and responsible
(d) All licensees, other than those retrievable storage installation (MRS);
and each director and responsible officers of these licensees to report
holding an operating license or a defects under Section 206 of the Energy
combined license for a nuclear power officer of such a licensee;
(2) Each individual, corporation, Reorganization Act of 1974.
plant, who make reports under (c) For persons licensed to operate a
paragraph (a) of this section shall nuclear power plant under part 50 or
business within the United States, and
submit the report in writing either by part 52 of this chapter, evaluation of
each director and responsible officer of
mail addressed to the U.S. Nuclear potential defects and appropriate
such an organization, that constructs a
Regulatory Commission, ATTN: reporting of defects under §§ 50.72,
production or utilization facility
Document Control Desk, Washington, 50.73, or § 73.71 of this chapter, satisfies
licensed for manufacture, construction,
DC 20555–0001; by hand delivery to the each person’s evaluation, notification,
or operation under parts 50 or 52 of this
NRC’s offices at 11555 Rockville Pike, and reporting obligation to report
chapter, an ISFSI for the storage of spent
Rockville, Maryland; or, where defects under this part, and the
fuel licensed under part 72 of this
practicable, by electronic submission, responsibility of individual directors
chapter, an MRS for the storage of spent
for example, Electronic Information and responsible officers of these
fuel or high-level radioactive waste
Exchange, or CD–ROM. Electronic licensees to report defects under Section
under part 72 of this chapter, or a
submissions must be made in a manner 206 of the Energy Reorganization Act of
geologic repository for the disposal of
that enables the NRC to receive, read, 1974.
high-level radioactive waste under part
authenticate, distribute, and archive the
60 or 63 of this chapter; or supplies * * * * *
submission, and process and retrieve it
basic components for a facility or ■ 56. In § 21.3 the definitions of basic
a single page at a time. Detailed
activity licensed, other than for export, component, defect, deviation, and
guidance on making electronic
under parts 30, 40, 50, 52, 60, 61, 63, 70, substantial safety hazard are revised to
submissions can be obtained by visiting
71, or part 72 of this chapter; read as follows:
the NRC’s Web site at http://
(3) Each individual, corporation,
www.nrc.gov/site-help/e- § 21.3 Definitions.
submittals.html, by calling (301) 415–
business within the United States, and * * * * *
0439, by e-mail to EIE@nrc.gov, or by
each director and responsible officer of Basic component. (1)(i) When applied
writing the Office of Information
such an organization, applying for a to nuclear power plants licensed under
Services, U.S. Nuclear Regulatory
design certification rule under part 52 of 10 CFR part 50 or part 52 of this
Commission, Washington, DC 20555–
this chapter; or supplying basic chapter, basic component means a
0001. A copy should be sent to the
components with respect to that design structure, system, or component, or part
appropriate NRC Regional Office listed
certification, and each individual, thereof that affects its safety function
in appendix D to this part.
corporation, partnership, or other entity necessary to assure:
PART 21—REPORTING OF DEFECTS doing business within the United States, (A) The integrity of the reactor coolant
AND NONCOMPLIANCE and each director and responsible pressure boundary;
officer of such an organization, whose (B) The capability to shut down the
■ 54. The authority citation for part 21 application for design certification has reactor and maintain it in a safe-
continues to read as follows: been granted under part 52 of this shutdown condition; or
(C) The capability to prevent or of an evaluation, the deviation could guidance on making electronic
mitigate the consequences of accidents create a substantial safety hazard; submissions can be obtained by visiting
which could result in potential offsite (2) The installation, use, or operation the NRC’s Web site at http://
exposures comparable to those referred of a basic component containing a www.nrc.gov/site-help/eie.html, by
to in §§ 50.34(a)(1), 50.67(b)(2), or defect as defined in this section; calling (301) 415–6030, by e-mail to
100.11 of this chapter, as applicable. (3) A deviation in a portion of a EIE@nrc.gov, or by writing the Office of
(ii) Basic components are items facility subject to the early site permit, Information Services, U.S. Nuclear
designed and manufactured under a standard design certification, standard Regulatory Commission, Washington,
quality assurance program complying design approval, construction permit, DC 20555–0001. The guidance
with appendix B to part 50 of this combined license or manufacturing discusses, among other topics, the
chapter, or commercial grade items licensing requirements of part 50 or part formats the NRC can accept, the use of
which have successfully completed the 52 of this chapter, provided the electronic signatures, and the treatment
dedication process. deviation could, on the basis of an of nonpublic information. In the case of
(2) When applied to standard design evaluation, create a substantial safety a licensee or permit holder, a copy of
certifications under subpart C of part 52 hazard and the portion of the facility the communication must also be sent to
of this chapter and standard design containing the deviation has been the appropriate Regional Administrator
approvals under part 52 of this chapter, offered to the purchaser for acceptance; at the address specified in appendix D
basic component means the design or (4) A condition or circumstance to part 20 of this chapter.
procurement information approved or to involving a basic component that could ■ 58. In § 21.21 the introductory text of
be approved within the scope of the contribute to the exceeding of a safety paragraph (a)(3), paragraph (a)(3)(i), and
design certification or approval for a limit, as defined in the technical paragraphs (d)(1)(i), (d)(1)(ii), and
structure, system, or component, or part specifications of a license for operation (d)(4)(vi) are revised and paragraph
thereof, that affects its safety function issued under part 50 or part 52 of this (d)(4)(ix) is added to read as follows:
necessary to assure: chapter; or
(5) An error, omission or other § 21.21 Notification of failure to comply or
(i) The integrity of the reactor coolant existence of a defect and its evaluation.
pressure boundary; circumstance in a design certification,
or standard design approval that, on the (a) * * *
(ii) The capability to shut down the (3) Ensure that a director or
reactor and maintain it in a safe- basis of an evaluation, could create a
responsible officer subject to the
shutdown condition; or substantial safety hazard.
regulations of this part is informed as
(iii) The capability to prevent or Deviation means a departure from the
soon as practicable, and, in all cases,
mitigate the consequences of accidents technical requirements included in a
within the 5 working days after
which could result in potential offsite procurement document, or specified in
completion of the evaluation described
exposures comparable to those referred early site permit information, a standard
in paragraphs (a)(1) or (a)(2) of this
to in §§ 50.34(a)(1), 50.67(b)(2), or design certification or standard design
section if the manufacture, construction,
100.11 of this chapter, as applicable. approval.
or operation of a facility or activity, a
(3) When applied to other facilities * * * * * basic component supplied for such
and other activities licensed under 10 Substantial safety hazard means a facility or activity, or the design
CFR parts 30, 40, 50 (other than nuclear loss of safety function to the extent that certification or design approval under
power plants), 60, 61, 63, 70, 71, or 72 there is a major reduction in the degree part 52 of this chapter—
of this chapter, basic component means of protection provided to public health (i) Fails to comply with the Atomic
a structure, system, or component, or and safety for any facility or activity Energy Act of 1954, as amended, or any
part thereof, that affects their safety licensed or otherwise approved or applicable rule, regulation, order, or
function, that is directly procured by the regulated by the NRC, other than for license of the Commission or standard
licensee of a facility or activity subject export, under parts 30, 40, 50, 52, 60, design approval under part 52 of this
to the regulations in this part and in 61, 63, 70, 71, or 72 of this chapter. chapter, relating to a substantial safety
which a defect or failure to comply with * * * * * hazard, or
any applicable regulation in this ■ 57. Section 21.5 is revised to read as * * * * *
chapter, order, or license issued by the follows: (d)(1) * * *
Commission could create a substantial (i) The manufacture, construction or
safety hazard. § 21.5 Communications. operation of a facility or an activity
(4) In all cases, basic component Except where otherwise specified in within the United States that is subject
includes safety-related design, analysis, this part, written communications and to the licensing requirements under
inspection, testing, fabrication, reports concerning the regulations in parts 30, 40, 50, 52, 60, 61, 63, 70, 71,
replacement of parts, or consulting this part must be addressed to the NRC’s or 72 of this chapter and that is within
services that are associated with the Document Control Desk, and sent by his or her organization’s responsibility;
component hardware, design mail to the U.S. Nuclear Regulatory or
certification, design approval, or Commission, Washington, DC 20555– (ii) A basic component that is within
information in support of an early site 0001; by hand delivery to the NRC’s his or her organization’s responsibility
permit application under part 52 of this offices at 11555 Rockville Pike, and is supplied for a facility or an
chapter, whether these services are Rockville, Maryland; or, where activity within the United States that is
performed by the component supplier or practicable, by electronic submission, subject to the licensing, design
others. for example, Electronic Information certification, or approval requirements
* * * * * Exchange, or CD–ROM. Electronic under parts 30, 40, 50, 52, 60, 61, 63, 70,
Defect means: submissions must be made in a manner 71, or 72 of this chapter.

(1) A deviation in a basic component that enables the NRC to receive, read, * * * * *
delivered to a purchaser for use in a authenticate, distribute, and archive the (4) * * *
facility or an activity subject to the submission, and process and retrieve it (vi) In the case of a basic component
regulations in this part if, on the basis a single page at a time. Detailed which contains a defect or fails to
comply, the number and location of holder of, a permit), applicant for a Authority: Secs. 53, 81, 103, 104, 107, 161,
these components in use at, supplied design certification under part 52 of this 68 Stat. 930, 935, 936, 937, 948, as amended,
for, being supplied for, or may be chapter during the pendency of its sec. 1701, 106 Stat. 2951, 2952, 2953 (42
supplied for, manufactured, or being application, applicant for a design U.S.C. 2073, 2111, 2112, 2133, 2134, 2137,
2201, 2297f); secs. 201, 202, 206, 88 Stat.
manufactured for one or more facilities certification after Commission adoption 1242, 1244, 1246, as amended (42 U.S.C.
or activities subject to the regulations in of a final design certification rule for 5841, 5842, 5846).
this part. that design, or applicant for or holder of
* * * * * a standard design approval under part ■ 65. In § 26.2, the introductory text of
(ix) In the case of an early site permit, 52 of this chapter subject to the paragraph (a), and paragraph (c) are
the entities to whom an early site permit regulations in this part who fails to revised to read as follows:
was transferred. provide the notice required by § 21.21,
§ 26.2 Scope.
* * * * * or otherwise fails to comply with the
applicable requirements of this part (a) The regulations in this part apply
■ 59. In § 21.51 paragraphs (a)(4) and to licensees authorized to operate a
(a)(5) are added and paragraph (b) is shall be subject to a civil penalty as
provided by Section 234 of the Atomic nuclear power reactor, including a
revised to read as follows: holder of a combined license after the
Energy Act of 1954, as amended.
§ 21.51 Maintenance and inspection of Commission makes the finding under
* * * * *
records. § 52.103(g) of this chapter, and licensees
(a) * * * PART 25—ACCESS AUTHORIZATION who are authorized to possess or use
(4) Applicants for standard design formula quantities of SSNM, or to
certification under subpart B of part 52 ■ 61. The authority citation for part 25 transport formula quantities of SSNM.
of this chapter and others providing a continues to read as follows: Each licensee shall implement a fitness-
design which is the subject of a design Authority: Secs. 145, 161, 68 Stat. 942,
for-duty program which complies with
certification, during and following 948, as amended (42 U.S.C. 2165, 2201); sec. this part. The provisions of the fitness-
Commission adoption of a final design 201, 88 Stat. 1242, as amended (42 U.S.C. for-duty program must apply to all
certification rule for that design, shall 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. persons granted unescorted access to
retain any notifications sent to 3504 note); E.O. 10865, as amended, 3 CFR nuclear power plant protected areas, to
purchasers and affected licensees for a 1959–1963 Comp., p. 398 (50 U.S.C. 401, licensee, vendor, or contractor
minimum of 5 years after the date of the note); E.O. 12829, 3 CFR, 1993 Comp., p. 570; personnel required to physically report
notification, and retain a record of the E.O. 12958, as amended, 3 CFR, 1995 Comp., to a licensee’s Technical Support Center
p. 333 as amended by E.O. 13292, 3 CFR (TSC) or Emergency Operations Facility
purchasers for 15 years after delivery of
2004 Comp., p. 196; E.O. 12968, 3 CFR, 1995
design which is the subject of the design Comp., p. 396.
(EOF) in accordance with licensee
certification rule or service associated Appendix A also issued under 96 Stat. emergency plans and procedures, and to
with the design. 1051 (31 U.S.C. 9701). SSNM licensee and transporter
(5) Applicants for or holders of a personnel who:
standard design approval under subpart ■ 62. The heading of part 25 is revised * * * * *
E of part 52 of this chapter and others to read as set forth above. (c) Certain regulations in this part
providing a design which is the subject ■ 63. In § 25.35, paragraph (a) is revised apply to licensees holding permits to
of a design approval shall retain any to read as follows: construct a nuclear power plant,
notifications sent to purchasers and including a holder of a combined
affected licensees for a minimum of 5 § 25.35 Classified visits.
license before the date that the
years after the date of the notification, (a) The number of classified visits Commission makes the finding under
and retain a record of the purchasers for must be held to a minimum. The § 52.103(g) of this chapter, holders of
15 years after delivery of the design licensee, certificate holder, applicant for manufacturing licenses under part 52,
which is the subject of the design a standard design certification under and persons authorized to conduct the
approval or service associated with the part 52 of this chapter (including an activities under § 50.10(e)(3) of this
design. applicant after the Commission has chapter. Each licensee with a
(b) Each individual, corporation, adopted a final standard design construction permit, a combined license
partnership, dedicating entity, or other certification rule under part 52 of this before the Commission makes the
entity subject to the regulations in this chapter), or other facility, or an finding under § 52.103(g) of this
part shall permit the Commission the applicant for or holder of a standard chapter, a manufacturing license, or
opportunity to inspect records design approval under part 52 of this person authorized to conduct the
pertaining to basic components that chapter shall determine that the visit is activities under § 50.10(e)(3) of this
relate to the identification and necessary and that the purpose of the chapter, with a plant or reactor under
evaluation of deviations, and the visit cannot be achieved without access active construction or manufacture,
reporting of defects and failures to to, or disclosure of, classified shall—
comply, including (but not limited to) information. All classified visits require (1) Comply with §§ 26.10, 26.20,
any advice given to purchasers or advance notification to, and approval of, 26.23, 26.70, and 26.73;
licensees on the placement, erection, the organization to be visited. In urgent (2) Implement a chemical testing
installation, operation, maintenance, cases, visit information may be program, including random tests; and
modification, or inspection of a basic furnished by telephone and confirmed (3) Make provisions for employee
component. in writing. assistance programs, imposition of
■ 60. In § 21.61, paragraph (b) is revised * * * * * sanctions, appeals procedures, the
to read as follows: protection of information, and
PART 26—FITNESS FOR DUTY recordkeeping.

§ 21.61 Failure to notify. PROGRAMS
* * * * * * * * * *
(b) Any NRC licensee or applicant for ■ 64. The authority citation for part 26 ■ 66. In § 26.10, paragraph (a) is revised
a license (including an applicant for, or continues to read as follows: to read as follows:
§ 26.10 General performance objectives. 184, 68 Stat. 954, as amended (42 U.S.C. construction permit, or combined
* * * * * 2234). Appendix F also issued under sec. license has been issued. As used in this
(a) Provide reasonable assurance that 187, 68 Stat. 955 (42 U.S.C. 2237). paragraph, the term ‘‘commencement of
nuclear power plant personnel, ■ 69. In Section 50.2, definitions of construction’’ means any clearing of
personnel of a holder of a applicant, license, licensee, and land, excavation or other substantial
manufacturing license, personnel of a prototype plant, are added to read as action that would adversely affect the
person authorized to conduct activities follows: environment of a site, but does not
under § 50.10(e)(3) of this chapter, include:
transporter personnel, and personnel of § 50.2 Definitions.
* * * * *
licensees authorized to possess or use * * * * * (e)(1) The Director of Nuclear Reactor
formula quantities of SSNM, will Applicant means a person or an entity Regulation may authorize an applicant
perform their tasks in a reliable and applying for a license, permit, or other for a construction permit for a
trustworthy manner and are not under form of Commission permission or utilization facility which is subject to
the influence of any substance, legal or approval under this part or part 52 of § 51.20(b) of this chapter, and is of the
illegal, or mentally or physically this chapter. type specified in §§ 50.21(b)(2) or (3), or
impaired from any cause, which in any * * * * * § 50.22 or is a testing facility, or an
way adversely affects their ability to License means a license, including a applicant for a combined license to
safely and competently perform their construction permit or operating license conduct the following activities:
duties; under this part, an early site permit, (i) Preparation of the site for
* * * * * combined license or manufacturing construction of the facility (including
■ 67. In Appendix A of Part 26, license under part 52 of this chapter, or activities as clearing, grading,
paragraph (1) of Section 1.1 of Subpart a renewed license issued by the construction of temporary access roads
A is revised to read as follows: Commission under this part, part 52, or and borrow areas);
part 54 of this chapter. (ii) Installation of temporary
Appendix A to Part 26—Guidelines for Licensee means a person who is construction support facilities
Drug and Alcohol Testing Programs authorized to conduct activities under a (including items such as warehouse and
1.1 Applicability. license issued by the Commission. shop facilities, utilities, concrete mixing
(1) These guidelines apply to licensees * * * * * plants, docking and unloading facilities,
authorized to operate nuclear power reactors, Prototype plant means a nuclear and construction support buildings);
including a holder of a combined license reactor that is used to test design (iii) Excavation for facility structures;
after the Commission makes the finding features, such as the testing required
under § 52.103(g) of this chapter, and
(iv) Construction of service facilities
under § 50.43(e). The prototype plant is (including facilities such as roadways,
licensees who are authorized to possess, use,
or transport formula quantities of strategic similar to a first-of-a-kind or standard paving, railroad spurs, fencing, exterior
special nuclear material (SSNM). plant design in all features and size, but utility and lighting systems,
* * * * * may include additional safety features transmission lines, and sanitary
to protect the public and the plant staff sewerage treatment facilities); and
PART 50—DOMESTIC LICENSING OF from the possible consequences of (v) The construction of structures,
PRODUCTION AND UTILIZATION accidents during the testing period. systems and components which do not
FACILITIES * * * * * prevent or mitigate the consequences of
■ 70. In § 50.10 the introductory text of postulated accidents that could cause
■ 68. The authority citation for part 50 paragraphs (b) and (c), and paragraphs undue risk to the health and safety of
continues to read as follows: (e)(1), (e)(2), and (e)(3) are revised to the public.
Authority: Secs. 102, 103, 104, 105, 161, read as follows: (2) No authorization shall be granted
182, 183, 186, 189, 68 Stat. 936, 937, 938, unless the staff has completed a final
948, 953, 954, 955, 956, as amended, sec. § 50.10 License required. environmental impact statement on the
234, 83 Stat. 444, as amended (42 U.S.C. * * * * * issuance of the construction permit or
2132, 2133, 2134, 2135, 2201, 2232, 2233, (b) No person shall begin the combined license as required by subpart
2236, 2239, 2282); secs. 201, as amended, construction of a production or
202, 206, 88 Stat. 1242, as amended, 1244,
A of part 51 of this chapter. An
1246 (42 U.S.C. 5841, 5842, 5846); sec. 1704,
utilization facility on a site on which authorization shall be granted only after
112 Stat. 2750 (44 U.S.C. 3504 note). the facility is to be operated until either the presiding officer in the proceeding
Section 50.7 also issued under Pub. L. 95— a construction permit under this part, or on the construction permit or combined
601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5841). a combined license under subpart C of license application:
Section 50.10 also issued under secs. 101, part 52 of this chapter has been issued. (i) Has made all the findings required
185, 68 Stat. 955, as amended (42 U.S.C. As used in this paragraph, the term by §§ 51.104(b), 51.105, and 51.107 of
2131, 2235); sec. 102, Pub. L. 91—190, 83 ‘‘construction’’ includes pouring the this chapter to be made before issuance
Stat. 853 (42 U.S.C. 4332). Sections 50.13, foundation for, or the installation of,
50.54(dd), and 50.103 also issued under sec.
of the construction permit, or combined
108, 68 Stat. 939, as amended (42 U.S.C.
any portion of the permanent facility on license for the facility; and
2138). Sections 50.23, 50.35, 50.55, and 50.56 the site, but does not include: (ii) Has determined that, based upon
also issued under sec. 185, 68 Stat. 955 (42 * * * * * the available information and review to
U.S.C. 2235). Sections 50.33a, 50.55a and (c) Notwithstanding the provisions of date, there is reasonable assurance that
appendix Q also issued under sec. 102, Pub. paragraph (b) of this section, and subject the proposed site is a suitable location
L. 91—190, 83 Stat. 853 (42 U.S.C. 4332). to paragraphs (d) and (e) of this section, for a reactor of the general size and type
Sections 50.34 and 50.54 also issued under no person shall effect commencement of proposed from the standpoint of
sec. 204, 88 Stat. 1245 (42 U.S.C. 5844).

Sections 50.58, 50.91, and 50.92 also issued
construction of a production or radiological health and safety
under Pub. L. 97—415, 96 Stat. 2073 (42 utilization facility subject to the considerations under the Act and
U.S.C. 2239). Section 50.78 also issued under provisions of § 51.20(b) of this chapter regulations issued by the Commission.
sec. 122, 68 Stat. 939 (42 U.S.C. 2152). on a site on which the facility is to be (3)(i) The Director of New Reactors or
Sections 50.80—50.81 also issued under sec. operated until an early site permit, the Director of Nuclear Reactor
Regulation, as appropriate, may Applications for Licenses, (b) Oath or affirmation. Each
authorize an applicant for a Certifications, and Regulatory application for a standard design
construction permit for a utilization Approvals; Form; Contents; Ineligibility approval or license, including,
facility which is subject to § 51.20(b) of of Certain Applicants whenever appropriate, a construction
this chapter, and is of the type specified permit or early site permit, or
■ 73. In § 50.30, the section heading and amendment of it, and each amendment
in §§ 50.21(b)(2) or (3), or § 50.22 or is paragraphs (a)(1), (a)(3), (a)(5), (a)(6), (b),
a testing facility, or an applicant for a of each application must be executed in
(e), and (f) are revised to read as follows: a signed original by the applicant or
combined license to conduct, in
addition to the activities described in § 50.30 Filing of application; oath or duly authorized officer thereof under
affirmation. oath or affirmation.
paragraph (e)(1) of this section, the
installation of structural foundations, (a) * * * * * * * *
including any necessary subsurface (1) Each filing of an application for a (e) Filing Fees. Each application for a
standard design approval or license to standard design approval or production
preparation, for structures, systems, and
construct and/or operate, or or utilization facility license, including,
components which prevent or mitigate
manufacture, a production or utilization whenever appropriate, a construction
the consequences of postulated permit or early site permit, other than a
facility (including an early site permit,
accidents that could cause undue risk to license exempted from part 170 of this
combined license, and manufacturing
the health and safety of the public. license under part 52 of this chapter), chapter, shall be accompanied by the fee
(ii) Such an authorization, which may and any amendments to the prescribed in part 170 of this chapter.
be combined with the authorization applications, must be submitted to the No fee will be required to accompany an
described in paragraph (e)(1) of this U.S. Nuclear Regulatory Commission in application for renewal, amendment, or
section, or may be granted at a later accordance with § 50.4 or § 52.3 of this termination of a construction permit,
time, shall be granted only after the chapter, as applicable. operating license, combined license, or
presiding officer in the proceeding on * * * * * manufacturing license, except as
the construction permit or combined (3) Each applicant for a construction provided in § 170.21 of this chapter.
license application has, in addition to permit under this part, or an early site (f) Environmental report. An
permit, combined license, or application for a construction permit,
making the findings and determinations
manufacturing license under part 52 of operating license, early site permit,
required by paragraph (e)(2) of this
this chapter, shall, upon notification by combined license, or manufacturing
section, determined that there are no
the Atomic Safety and Licensing Board license for a nuclear power reactor,
unresolved safety issues relating to the testing facility, fuel reprocessing plant,
additional activities that may be appointed to conduct the public hearing
required by the Atomic Energy Act, or other production or utilization
authorized under this paragraph that facility whose construction or operation
would constitute good cause for update the application and serve the
updated copies of the application or may be determined by the Commission
withholding authorization. to have a significant impact in the
parts of it, eliminating all superseded
* * * * * information, together with an index of environment, shall be accompanied by
the updated application, as directed by an Environmental Report required
the Atomic Safety and Licensing Board. under subpart A of part 51 of this
follows: chapter.
Any subsequent amendment to the
§ 50.23 Construction permits. application must be served on those ■ 74. In § 50.33, paragraphs (f)(3) and
served copies of the application and (f)(4) are redesignated as (f)(4)and (f)(5),
A construction permit for the respectively, and are revised, a new
must be submitted to the U.S. Nuclear
construction of a production or paragraph (f)(3) is added, and
Regulatory Commission as specified in
utilization facility will be issued before paragraphs (g), (h), and (k)(1) are revised
§ 50.4 or § 52.3 of this chapter, as
the issuance of a license if the applicable. to read as follows:
application is otherwise acceptable, and
will be converted upon completion of * * * * * § 50.33 Contents of applications; general
(5) At the time of filing an information.
the facility and Commission action, into application, the Commission will make
a license as provided in § 50.56. * * * * *
available at the NRC Web site, http:// (f) * * *
However, if a combined license for a www.nrc.gov, a copy of the application, (3) If the application is for a combined
nuclear power reactor is issued under subsequent amendments, and other license under subpart C of part 52 of
part 52 of this chapter, the construction records pertinent to the matter which is this chapter, the applicant shall submit
permit and operating license are the subject of the application for public the information described in paragraphs
deemed to be combined in a single inspection and copying. (f)(1) and (f)(2) of this section.
license. A construction permit for the (6) The serving of copies required by (4) Each application for a construction
alteration of a production or utilization this section must not occur until the permit, operating license, or combined
facility will be issued before the application has been docketed under license submitted by a newly-formed
issuance of an amendment of a license, § 2.101(a) of this chapter. Copies must entity organized for the primary purpose
if the application for amendment is be submitted to the Commission, as of constructing and/or operating a
otherwise acceptable, as provided in specified in § 50.4 or § 52.3 of this facility must also include information
§ 50.91. chapter, as applicable, to enable the showing:
Director, Office of New Reactors, or the (i) The legal and financial
■ 72. The undesignated center heading Director, Office of Nuclear Reactor relationships it has or proposes to have
before § 50.30 is revised to read as Regulation, or the Director, Office of with its stockholders or owners;
follows: Nuclear Material Safety and Safeguards, (ii) The stockholders’ or owners’
as appropriate, to determine whether financial ability to meet any contractual
the application is sufficiently complete obligation to the entity which they have
to permit docketing. incurred or proposed to incur; and
(iii) Any other information considered are appropriate to protect the food structures, systems, and components
necessary by the Commission to enable ingestion pathway. and of the facility as a whole, and shall
it to determine the applicant’s financial (h) If the applicant, other than an include the following:
qualification. applicant for a combined license, * * * * *
(5) The Commission may request an proposes to construct or alter a (10) On or after January 10, 1997,
established entity or newly-formed production or utilization facility, the stationary power reactor applicants who
entity to submit additional or more application shall state the earliest and apply for an operating license, as partial
detailed information respecting its latest dates for completion of the conformance to General Design
financial arrangements and status of construction or alteration. Criterion 2 of appendix A to this part,
funds if the Commission considers this * * * * * shall comply with the earthquake
information appropriate. This may (k)(1) For an application for an engineering criteria of appendix S to
include information regarding a operating license or combined license this part. However, for those operating
licensee’s ability to continue the for a production or utilization facility, license applicants and holders whose
conduct of the activities authorized by information in the form of a report, as construction permit was issued before
the license and to decommission the described in § 50.75, indicating how January 10, 1997, the earthquake
facility. reasonable assurance will be provided engineering criteria in Section VI of
that funds will be available to appendix A to part 100 of this chapter
(g) If the application is for an decommission the facility. continues to apply.
operating license or combined license (11) On or after January 10, 1997,
* * * * *
for a nuclear power reactor, or if the stationary power reactor applicants who
■ 75. In § 50.34, the section heading, the
application is for an early site permit apply for an operating license, shall
and contains plans for coping with introductory text of paragraph (a)(1),
paragraphs (a)(1)(ii)(E) and (a)(12), the provide a description and safety
emergencies under § 52.17(b)(2)(ii) of assessment of the site and of the facility
this chapter, the applicant shall submit introductory text of paragraph (b),
paragraphs (b)(10) and (b)(11), and as in § 50.34(a)(1)(ii). However, for
radiological emergency response plans either an operating license applicant or
of State and local governmental entities paragraphs (c), (d), and (e), the
introductory text of paragraphs (f) holder whose construction permit was
in the United States that are wholly or issued before January 10, 1997, the
partially within the plume exposure and(f)(1), and paragraphs (g), and
(h)(1)(ii) are revised to read as follows: reactor site criteria in part 100 of this
pathway emergency planning zone chapter and the seismic and geologic
(EPZ),4 as well as the plans of State § 50.34 Contents of construction permit siting criteria in appendix A to part 100
governments wholly or partially within and operating license applications; of this chapter continues to apply.
the ingestion pathway EPZ.5 If the technical information. (c) Physical Security Plan. Each
application is for an early site permit (a) * * * application for an operating license for
that, under 10 CFR 52.17(b)(2)(i), (1) Stationary power reactor a production or utilization facility must
proposes major features of the applicants for a construction permit include a physical security plan. The
emergency plans describing the EPZs, who apply on or after January 10, 1997, plan must describe how the applicant
then the descriptions of the EPZs must shall comply with paragraph (a)(1)(ii) of will meet the requirements of part 73 of
meet the requirements of this paragraph. this section. All other applicants for a this chapter (and part 11 of this chapter,
Generally, the plume exposure pathway construction permit shall comply with if applicable, including the
EPZ for nuclear power reactors shall paragraph (a)(1)(i) of this section. identification and description of jobs as
consist of an area about 10 miles (16 * * * * * required by § 11.11(a) of this chapter, at
km) in radius and the ingestion pathway (ii) * * * the proposed facility). The plan must
EPZ shall consist of an area about 50 (E) With respect to operation at the list tests, inspections, audits, and other
miles (80 km) in radius. The exact size projected initial power level, the means to be used to demonstrate
and configuration of the EPZs applicant is required to submit compliance with the requirements of 10
surrounding a particular nuclear power information prescribed in paragraphs CFR parts 11 and 73, if applicable.
reactor shall be determined in relation (a)(2) through (a)(8) of this section, as (d) Safeguards contingency plan. Each
to the local emergency response needs well as the information required by application for an operating license for
and capabilities as they are affected by paragraph (a)(1)(i) of this section, in a production or utilization facility that
such conditions as demography, support of the application for a will be subject to §§ 73.50, 73.55, or
topography, land characteristics, access construction permit. § 73.60 of this chapter, must include a
routes, and jurisdictional boundaries. * * * * * licensee safeguards contingency plan in
The size of the EPZs also may be (12) On or after January 10, 1997, accordance with the criteria set forth in
determined on a case-by-case basis for stationary power reactor applicants who appendix C to 10 CFR part 73. The
gas-cooled reactors and for reactors with apply for a construction permit, as safeguards contingency plan shall
an authorized power level less than 250 partial conformance to General Design include plans for dealing with threats,
MW thermal. The plans for the ingestion Criterion 2 of appendix A to this part, thefts, and radiological sabotage, as
pathway shall focus on such actions as shall comply with the earthquake defined in part 73 of this chapter,
engineering criteria in appendix S to relating to the special nuclear material
4 Emergency planning zones (EPZs) are discussed
this part. and nuclear facilities licensed under
in NUREG–0396, EPA 520/1–78–016, ‘‘Planning (b) Final safety analysis report. Each this chapter and in the applicant’s
Basis for the Development of State and Local
Government Radiological Emergency Response application for an operating license possession and control. Each
Plans in Support of Light-Water Nuclear Power shall include a final safety analysis application for such a license shall
Plants,’’ December 1978. report. The final safety analysis report include the first four categories of
5 If the State and local emergency response plans
shall include information that describes information contained in the applicant’s
have been previously provided to the NRC for
inclusion in the facility docket, the applicant need
the facility, presents the design bases safeguards contingency plan. (The first
only provide the appropriate reference to meet this and the limits on its operation, and four categories of information as set
requirement. presents a safety analysis of the forth in appendix C to 10 CFR part 73
of this chapter are Background, Generic that manufacturing license which may an application filed on or after January
Planning Base, Licensee Planning Base, be considered in the manufacturing 2, 1971, the application shall also
and Responsibility Matrix. The fifth license proceeding. In addition, each identify the design objectives, and the
category of information, Procedures, applicant for a design certification, means to be employed, for keeping
does not have to be submitted for design approval, combined license, or levels of radioactive material in
approval.) 9 manufacturing license under part 52 of effluents to unrestricted areas as low as
(e) Protection against unauthorized this chapter shall demonstrate is reasonably achievable. The term ‘‘as
disclosure. Each applicant for an compliance with the technically low as is reasonably achievable’’ as used
operating license for a production or relevant portions of the requirements in in this part means as low as is
utilization facility, who prepares a paragraphs (f)(1) through (3) of this reasonably achievable taking into
physical security plan, a safeguards section, except for paragraphs (f)(1)(xii), account the state of technology, and the
contingency plan, or a guard (f)(2)(ix), and (f)(3)(v). economics of improvements in relation
qualification and training plan, shall (1) To satisfy the following to benefits to the public health and
protect the plans and other related requirements, the application shall safety and other societal and
safeguards information against provide sufficient information to socioeconomic considerations, and in
unauthorized disclosure in accordance describe the nature of the studies, how relation to the use of atomic energy in
with the requirements of § 73.21 of this they are to be conducted, estimated the public interest. The guides set out in
chapter, as appropriate. submittal dates, and a program to ensure appendix I to this part provide
(f) Additional TMI-related that the results of these studies are numerical guidance on design objectives
requirements. In addition to the factored into the final design of the for light-water-cooled nuclear power
requirements of paragraph (a) of this facility. For licensees identified in the reactors to meet the requirements that
section, each applicant for a light-water- introduction to paragraph (f) of this radioactive material in effluents
reactor construction permit or section, all studies must be completed released to unrestricted areas be kept as
manufacturing license whose no later than 2 years following the low as is reasonably achievable. These
application was pending as of February issuance of the construction permit or numerical guides for design objectives
16, 1982, shall meet the requirements in manufacturing license.10 For all other and limiting conditions for operation
paragraphs (f)(1) through (3) of this applicants, the studies must be are not to be construed as radiation
section. This regulation applies to the submitted as part of the final safety protection standards.
pending applications by Duke Power analysis report. (b) Each application for a construction
Company (Perkins Nuclear Station, * * * * * permit shall include:
Units 1, 2, and 3), Houston Lighting & (g) Combustible gas control. All (1) A description of the preliminary
Power Company (Allens Creek Nuclear applicants for a reactor construction design of equipment to be installed
Generating Station, Unit 1), Portland permit or operating license whose under paragraph (a) of this section;
General Electric Company (Pebble application is submitted after October (2) An estimate of:
Springs Nuclear Plant, Units 1 and 2), 16, 2003, shall include the analyses, and (i) The quantity of each of the
Public Service Company of Oklahoma the descriptions of the equipment and principal radionuclides expected to be
(Black Fox Station, Units 1 and 2), Puget systems required by § 50.44 as a part of released annually to unrestricted areas
Sound Power & Light Company (Skagit/ their application. in liquid effluents produced during
Hanford Nuclear Power Project, Units 1 (h) * * * normal reactor operations; and
and 2), and Offshore Power Systems (1) * * * (ii) The quantity of each of the
(License to Manufacture Floating (ii) Applications for light-water- principal radionuclides of the gases,
Nuclear Plants). The number of units cooled nuclear power plant construction halides, and particulates expected to be
that will be specified in the permits docketed after May 17, 1982, released annually to unrestricted areas
manufacturing license above, if issued, shall include an evaluation of the in gaseous effluents produced during
will be that number whose start of facility against the SRP in effect on May normal reactor operations.
manufacture, as defined in the license 17, 1982, or the SRP revision in effect (3) A general description of the
application, can practically begin within six months before the docket date of the provisions for packaging, storage, and
a 10-year period commencing on the application, whichever is later. shipment offsite of solid waste
date of issuance of the manufacturing * * * * * containing radioactive materials
license, but in no event will that resulting from treatment of gaseous and
■ 76. Section 50.34a is revised to read
number be in excess of ten. The liquid effluents and from other sources.
manufacturing license will require the as follows:
(c) Each application for an operating
plant design to be updated no later than § 50.34a Design objectives for equipment license shall include:
5 years after its approval. Paragraphs to control releases of radioactive material in (1) A description of the equipment
(f)(1)(xii), (2)(ix), and (3)(v) of this effluents—nuclear power reactors. and procedures for the control of
section, pertaining to hydrogen control (a) An application for a construction gaseous and liquid effluents and for the
measures, must be met by all applicants permit shall include a description of the maintenance and use of equipment
covered by this regulation. However, the preliminary design of equipment to be installed in radioactive waste systems,
Commission may decide to impose installed to maintain control over under paragraph (a) of this section; and
additional requirements and the issue of radioactive materials in gaseous and (2) A revised estimate of the
whether compliance with these liquid effluents produced during normal information required in paragraph (b)(2)
provisions, together with 10 CFR 50.44 reactor operations, including expected of this section if the expected releases
and criterion 50 of appendix A to 10 operational occurrences. In the case of and exposures differ significantly from
CFR part 50, is sufficient for issuance of the estimates submitted in the
10 Alphanumeric designations correspond to the
9A
application for a construction permit.
physical security plan that contains all the related action plan items in NUREG 0718 and
information required in both § 73.55 and appendix NUREG–0660, ‘‘NRC Action Plan Developed as a
(d) Each application for a combined
C to part 73 of this chapter satisfies the requirement Result of the TMI–2 Accident.’’ They are provided license under part 52 of this chapter
for a contingency plan. herein for information only. shall include:
(1) A description of the equipment (2) Each holder of an operating include conditions to protect the
and procedures for the control of license, and each holder of a combined environment during operation and
gaseous and liquid effluents and for the license after the Commission has made decommissioning. These conditions are
maintenance and use of equipment the finding under § 52.103(g) of this to be set out in an attachment to the
installed in radioactive waste systems, chapter, shall submit a report to the license which is incorporated in and
under paragraph (a) of this section; and Commission annually that specifies the made a part of the license. These
(2) The information required in quantity of each of the principal conditions will be derived from
paragraph (b)(2) of this section. radionuclides released to unrestricted information contained in the
(e) Each application for a design areas in liquid and in gaseous effluents environmental report or the supplement
approval, a design certification, or a during the previous 12 months, to the environmental report submitted
manufacturing license under part 52 of including any other information as may pursuant to §§ 51.50 and 51.53 of this
this chapter shall include: be required by the Commission to chapter as analyzed and evaluated in
(1) A description of the equipment for estimate maximum potential annual the NRC record of decision, and will
the control of gaseous and liquid radiation doses to the public resulting identify the obligations of the licensee
effluents and for the maintenance and from effluent releases. The report must in the environmental area, including, as
use of equipment installed in be submitted as specified in § 50.4, and appropriate, requirements for reporting
radioactive waste systems, under the time between submission of the and keeping records of environmental
paragraph (a) of this section; and reports must be no longer than 12 data, and any conditions and
(2) The information required in months. If quantities of radioactive monitoring requirement for the
paragraph (b)(2) of this section. materials released during the reporting protection of the nonaquatic
period are significantly above design environment.
■ 77. In § 50.36, paragraphs (c), (d), and
(e) are redesignated as paragraphs (d), objectives, the report must cover this ■ 80. Section 50.37 is revised to read as
(e), and (f), respectively, and a new specifically. On the basis of these follows:
paragraph (c) is added to read as reports and any additional information
§ 50.37 Agreement limiting access to
follows: the Commission may obtain from the Classified Information.
licensee or others, the Commission may
§ 50.36 Technical specifications. As part of its application and in any
require the licensee to take action as the
event before the receipt of Restricted
* * * * * Commission deems appropriate.
Data or classified National Security
(c) Each applicant for a design * * * * * Information or the issuance of a license,
certification or manufacturing license ■ 79. Section 50.36b is revised to read construction permit, early site permit, or
under part 52 of this chapter shall as follows: standard design approval, or before the
include in its application proposed Commission has adopted a final
generic technical specifications in § 50.36b Environmental conditions.
standard design certification rule under
accordance with the requirements of (a) Each construction permit under part 52 of this chapter, the applicant
this section for the portion of the plant this part, each early site permit under shall agree in writing that it will not
that is within the scope of the design part 52 of this chapter, and each permit any individual to have access to
certification or manufacturing license combined license under part 52 of this any facility to possess Restricted Data or
application. chapter may include conditions to classified National Security Information
* * * * * protect the environment during until the individual and/or facility has
■ 78. In § 50.36a, paragraph (a) is construction. These conditions are to be been approved for access under the
revised to read as follows: set out in an attachment to the permit provisions of 10 CFR parts 25 and/or 95.
or license, which is incorporated in and The agreement of the applicant becomes
§ 50.36a Technical specifications on made a part of the permit or license. part of the license, or construction
effluents from nuclear power reactors. These conditions will be derived from permit, or standard design approval.
(a) To keep releases of radioactive information contained in the ■ 81. The undesignated center heading
materials to unrestricted areas during environmental report submitted before § 50.40 is revised to read as
normal conditions, including expected pursuant to § 51.50 of this chapter as follows:
occurrences, as low as is reasonably analyzed and evaluated in the NRC
achievable, each licensee of a nuclear record of decision, and will identify the Standards for Licenses, Certifications,
power reactor and each applicant for a obligations of the licensee in the and Regulatory Approvals
design certification or a manufacturing environmental area, including, as ■ 82. Section 50.40 is revised to read as
license will include technical appropriate, requirements for reporting follows:
specifications that, in addition to and keeping records of environmental
requiring compliance with applicable data, and any conditions and § 50.40 Common standards.
provisions of § 20.1301 of this chapter, monitoring requirement for the In determining that a construction
require that: protection of the nonaquatic permit or operating license in this part,
(1) Operating procedures developed environment. or early site permit, combined license,
pursuant to § 50.34a(c) for the control of (b) Each license authorizing operation or manufacturing license in part 52 of
effluents be established and followed of a production or utilization facility, this chapter will be issued to an
and that the radioactive waste system, including a combined license under part applicant, the Commission will be
pursuant to § 50.34a, be maintained and 52 of this chapter, and each license for guided by the following considerations:
used. The licensee shall retain the a nuclear power reactor facility for (a) Except for an early site permit or
operating procedures in effect as a which the certification of permanent manufacturing license, the processes to
record until the Commission terminates cessation of operations required under be performed, the operating procedures,
the license and shall retain each § 50.82(a)(1) or § 52.110(a) of this the facility and equipment, the use of
superseded revision of the procedures chapter has been submitted, which is of the facility, and other technical
for 3 years from the date it was a type described in § 50.21(b)(2) or (3) specifications, or the proposals, in
superseded. or § 50.22 or is a testing facility, may regard to any of the foregoing
collectively provide reasonable means to accomplish their safety (3)(i) Each applicant for or holder of
assurance that the applicant will functions, will be approved only if: an operating license or construction
comply with the regulations in this (1)(i) The performance of each safety permit issued under this part, applicant
chapter, including the regulations in feature of the design has been for a standard design certification under
part 20 of this chapter, and that the demonstrated through either analysis, part 52 of this chapter (including an
health and safety of the public will not appropriate test programs, experience, applicant after the Commission has
be endangered. or a combination thereof; adopted a final design certification
(b) The applicant for a construction (ii) Interdependent effects among the regulation), or an applicant for or holder
permit, operating license, combined safety features of the design are of a standard design approval, a
license, or manufacturing license is acceptable, as demonstrated by analysis, combined license or a manufacturing
technically and financially qualified to appropriate test programs, experience, license issued under part 52 of this
engage in the proposed activities in or a combination thereof; and chapter, shall estimate the effect of any
accordance with the regulations in this (iii) Sufficient data exist on the safety change to or error in an acceptable
chapter. However, no consideration of features of the design to assess the evaluation model or in the application
financial qualification is necessary for analytical tools used for safety analyses of such a model to determine if the
an electric utility applicant for an over a sufficient range of normal change or error is significant. For this
operating license for a utilization operating conditions, transient purpose, a significant change or error is
facility of the type described in conditions, and specified accident one which results in a calculated peak
§ 50.21(b) or § 50.22 or for an applicant sequences, including equilibrium core fuel cladding temperature different by
for a manufacturing license. conditions; or more than 50 °F from the temperature
(c) The issuance of a construction (2) There has been acceptable testing calculated for the limiting transient
permit, operating license, early site of a prototype plant over a sufficient using the last acceptable model, or is a
permit, combined license, or range of normal operating conditions, cumulation of changes and errors such
manufacturing license to the applicant transient conditions, and specified that the sum of the absolute magnitudes
will not, in the opinion of the accident sequences, including of the respective temperature changes is
Commission, be inimical to the common equilibrium core conditions. If a greater than 50 °F.
defense and security or to the health prototype plant is used to comply with (ii) For each change to or error
and safety of the public. the testing requirements, then the NRC discovered in an acceptable evaluation
(d) Any applicable requirements of may impose additional requirements on model or in the application of such a
subpart A of 10 CFR part 51 have been siting, safety features, or operational model that affects the temperature
satisfied. conditions for the prototype plant to calculation, the applicant or holder of a
■ 83. In § 50.43, the section heading, the protect the public and the plant staff construction permit, operating license,
introductory paragraph, and paragraph from the possible consequences of combined license, or manufacturing
(d) are revised, and paragraph (e) is accidents during the testing period. license shall report the nature of the
added to read as follows: ■ 84. Section 50.45 is revised to read as
change or error and its estimated effect
follows: on the limiting ECCS analysis to the
§ 50.43 Additional standards and Commission at least annually as
provisions affecting class 103 licenses and § 50.45 Standards for construction specified in § 50.4 or § 52.3 of this
certifications for commercial power. permits, operating licenses, and combined chapter, as applicable. If the change or
In addition to applying the standards licenses. error is significant, the applicant or
set forth in §§ 50.40 and 50.42, (a) An applicant for an operating licensee shall provide this report within
paragraphs (a) through (e) of this section license or an amendment of an 30 days and include with the report a
apply in the case of a class 103 license operating license who proposes to proposed schedule for providing a
for a facility for the generation of construct or alter a production or reanalysis or taking other action as may
commercial power. For a design utilization facility will be initially be needed to show compliance with
certification under part 52 of this granted a construction permit if the § 50.46 requirements. This schedule
chapter, only paragraph (e) of this application is in conformity with and may be developed using an integrated
section applies. acceptable under the criteria of §§ 50.31 scheduling system previously approved
* * * * * through 50.38, and the standards of for the facility by the NRC. For those
(d) Nothing shall preclude any §§ 50.40 through 50.43, as applicable. facilities not using an NRC approved
government agency, now or hereafter (b) A holder of a combined license integrated scheduling system, a
authorized by law to engage in the who proposes, after the Commission schedule will be established by the NRC
production, marketing, or distribution of makes the finding under § 52.103(g) of staff within 60 days of receipt of the
electric energy, if otherwise qualified, this chapter, to alter the licensed facility proposed schedule. Any change or error
from obtaining a construction permit or will be initially granted a construction correction that results in a calculated
operating license under this part, or a permit if the application is in ECCS performance that does not
combined license under part 52 of this conformity with and acceptable under conform to the criteria set forth in
chapter for a utilization facility for the the criteria of §§ 50.30 through 50.33, paragraph (b) of this section is a
primary purpose of producing electric § 50.34(f), §§ 50.34a through 50.38, the reportable event as described in
energy for disposition for ultimate standards of §§ 50.40 through 50.43, as §§ 50.55(e), 50.72, and 50.73. The
public consumption. applicable, and §§ 52.79 and 52.80 of affected applicant or licensee shall
(e) Applications for a design this chapter. propose immediate steps to demonstrate
certification, combined license, ■ 85. In § 50.46, paragraph (a)(3) is compliance or bring plant design or
manufacturing license, or operating revised to read as follows: operation into compliance with § 50.46
license that propose nuclear reactor requirements.

designs which differ significantly from § 50.46 Acceptance criteria for emergency (iii) For each change to or error
light-water reactor designs that were core cooling systems for light-water nuclear discovered in an acceptable evaluation
licensed before 1997, or use simplified, power reactors. model or in the application of such a
inherent, passive, or other innovative (a) * * * model that affects the temperature
calculation, the applicant or holder of a be issued unless a finding is made by § 50.54 Conditions of licenses.
standard design approval or the the NRC that the major features are The following paragraphs with the
applicant for a standard design acceptable in accordance with the exception of paragraphs (r) and (gg) of
certification (including an applicant applicable standards of 10 CFR 50.47 this section are conditions in every
after the Commission has adopted a and 10 CFR part 50, appendix E, within nuclear power reactor operating license
final design certification rule) shall the scope of emergency preparedness issued under this part. The following
report the nature of the change or error matters addressed in the major features. paragraphs with the exception of
and its estimated effect on the limiting * * * * * paragraph (r), (s), and (u) of this section
ECCS analysis to the Commission and to (e) Notwithstanding the requirements are conditions in every combined
any applicant or licensee referencing the of paragraph (b) of this section and the license issued under part 52 of this
design approval or design certification provisions of § 52.103 of this chapter, a chapter, provided, however, that
at least annually as specified in § 52.3 holder of a combined license under part paragraphs (i), (i–1), (j), (k), (l), (m), (n),
of this chapter. If the change or error is 52 of this chapter may not load fuel or (w), (x), (y), and (z) of this section are
significant, the applicant or holder of operate except as provided in only applicable after the Commission
the design approval or the applicant for accordance with appendix E to part 50 makes the finding under § 52.103(g) of
the design certification shall provide and § 50.54(gg). this chapter.
this report within 30 days and include (a)(1) Each nuclear power plant or
with the report a proposed schedule for fuel reprocessing plant licensee subject
paragraph (a)(1) is revised and
providing a reanalysis or taking other to the quality assurance criteria in
paragraph (a)(4) is added to read as
action as may be needed to show appendix B of this part shall implement,
follows:
compliance with § 50.46 requirements. under § 50.34(b)(6)(ii) or § 52.79 of this
The affected applicant or holder shall § 50.48 Fire protection. chapter, the quality assurance program
propose immediate steps to demonstrate (a)(1) Each holder of an operating described or referenced in the safety
compliance or bring plant design into license issued under this part or a analysis report, including changes to
compliance with § 50.46 requirements. combined license issued under part 52 that report. However, a holder of a
* * * * * of this chapter must have a fire combined license under part 52 of this
■ 86. In § 50.47, paragraph (a)(1) is protection plan that satisfies Criterion 3 chapter shall implement the quality
revised and paragraph (e) is added to of appendix A to this part. This fire assurance program described or
read as follows: protection plan must: referenced in the safety analysis report
applicable to operation 30 days prior to
§ 50.47 Emergency plans.
* * * * * the scheduled date for the initial
(a)(4) Each applicant for a design loading of fuel.
(a)(1)(i) Except as provided in approval, design certification, or
paragraph (d) of this section, no initial * * * * *
manufacturing license under part 52 of
operating license for a nuclear power (i–1) Within 3 months after either the
this chapter must have a description
reactor will be issued unless a finding issuance of an operating license or the
and analysis of the fire protection
is made by the NRC that there is date that the Commission makes the
design features for the standard plant
reasonable assurance that adequate finding under § 52.103(g) of this chapter
necessary to demonstrate compliance
protective measures can and will be for a combined license, as applicable,
with Criterion 3 of appendix A to this
taken in the event of a radiological the licensee shall have in effect an
part.
emergency. No finding under this operator requalification program. The
section is necessary for issuance of a * * * * * operator requalification program must,
renewed nuclear power reactor ■ 88. In § 50.49, paragraph (a) is revised as a minimum, meet the requirements of
operating license. to read as follows: § 55.59(c) of this chapter.
(ii) No initial combined license under Notwithstanding the provisions of
§ 50.49 Environmental qualification of
part 52 of this chapter will be issued § 50.59, the licensee may not, except as
electric equipment important to safety for
unless a finding is made by the NRC nuclear power plants. specifically authorized by the
that there is reasonable assurance that Commission decrease the scope of an
adequate protective measures can and (a) Each holder of or an applicant for approved operator requalification
will be taken in the event of a an operating license issued under this program.
radiological emergency. No finding part, or a combined license or
manufacturing license issued under part * * * * *
under this section is necessary for (o) Primary reactor containments for
issuance of a renewed combined 52 of this chapter, other than a nuclear
water cooled power reactors, other than
license. power plant for which the certifications
facilities for which the certifications
(iii) If an application for an early site required under § 50.82(a)(1) or
required under §§ 50.82(a)(1) or
permit under subpart A of part 52 of this § 52.110(a)(1) of this chapter have been
52.110(a)(1) of this chapter have been
chapter includes complete and submitted, shall establish a program for
submitted, shall be subject to the
integrated emergency plans under 10 qualifying the electric equipment
requirements set forth in appendix J to
CFR 52.17(b)(2)(ii), no early site permit defined in paragraph (b) of this section.
this part.
will be issued unless a finding is made For a manufacturing license, only (p)(1) The licensee shall prepare and
by the NRC that the emergency plans electric equipment defined in paragraph maintain safeguards contingency plan
provide reasonable assurance that (b) which is within the scope of the procedures in accordance with
adequate protective measures can and manufactured reactor must be included appendix C of part 73 of this chapter for
will be taken in the event of a in the program. effecting the actions and decisions
radiological emergency. * * * * * contained in the Responsibility Matrix

(iv) If an application for an early site ■ 89. In § 50.54, the introductory text, of the safeguards contingency plan. The
permit proposes major features of the and paragraphs (a)(1), (i–1), (o), (p), and licensee may make no change which
emergency plans under 10 CFR (q) are revised and paragraph (gg) is would decrease the effectiveness of a
52.17(b)(2)(i), no early site permit will added to read as follows: security plan, or guard training and
qualification plan, prepared pursuant to maintenance program, and a test of the in the state of offsite emergency
§ 50.34(c) or § 52.79(a), or part 73 of this safeguards systems along with preparedness, the holder of a combined
chapter, or of the first four categories of commitments established for response license under 10 CFR part 52 may
information (Background, Generic by local law enforcement authorities. operate at up to 5 percent of rated
Planning Base, Licensee Planning Base, The results of the review and audit, thermal power only if the Commission
Responsibility Matrix) contained in a along with recommendations for finds that the state of onsite emergency
licensee safeguards contingency plan improvements, must be documented, preparedness provides reasonable
prepared pursuant to § 50.34(d) or reported to the licensee’s corporate and assurance that adequate protective
§ 52.79(a) or part 73 of this chapter, as plant management, and kept available at measures can and will be taken in the
applicable, without prior approval of the plant for inspection for a period of event of a radiological emergency. The
the Commission. A licensee desiring to 3 years. NRC will base this finding on its
make such a change shall submit an (q) A holder of a nuclear power assessment of the applicant’s onsite
application for an amendment to the reactor operating license under this part, emergency plans against the pertinent
licensee’s license pursuant to § 50.90. or a combined license under part 52 of standards in § 50.47 and appendix E to
(2) The licensee may make changes to this chapter after the Commission makes this part. Review of the applicant’s
the plans referenced in paragraph (p)(1) the finding under § 52.103(g) of this emergency plans will include the
of this section, without prior chapter, shall follow and maintain in following standards with offsite aspects:
Commission approval if the changes do effect emergency plans which meet the (i) Arrangements for requesting and
not decrease the safeguards standards in § 50.47(b) and the effectively using offsite assistance onsite
effectiveness of the plan. The licensee requirements in appendix E of this part. have been made, arrangements to
shall maintain records of changes to the A licensee authorized to possess and/or accommodate State and local staff at the
plans made without prior Commission operate a research reactor or a fuel licensee’s near-site Emergency
approval for a period of 3 years from the facility shall follow and maintain in Operations Facility have been made,
date of the change, and shall submit, as effect emergency plans which meet the and other organizations capable of
specified in § 50.4 or § 52.3 of this requirements in appendix E to this part. augmenting the planned onsite response
chapter, a report containing a The licensee shall retain the emergency have been identified.
description of each change within 2 plan and each change that decreases the (ii) Procedures have been established
months after the change is made. Prior effectiveness of the plan as a record for licensee communications with State
to the safeguards contingency plan until the Commission terminates the and local response organizations,
being put into effect, the licensee shall license for the nuclear power reactor. including initial notification of the
have: The nuclear power reactor licensee may declaration of emergency and periodic
(i) All safeguards capabilities make changes to these plans without provision of plant and response status
specified in the safeguards contingency Commission approval only if the reports.
plan available and functional; changes do not decrease the (iii) Provisions exist for prompt
(ii) Detailed procedures developed effectiveness of the plans and the plans, communications among principal
according to appendix C to part 73 of as changed, continue to meet the response organizations to offsite
this chapter available at the licensee’s standards of § 50.47(b) and the emergency personnel who would be
site; and requirements of appendix E to this part. responding onsite.
(iii) All appropriate personnel trained (iv) Adequate emergency facilities and
The research reactor and/or the fuel
to respond to safeguards incidents as equipment to support the emergency
facility licensee may make changes to
outlined in the plan and specified in the response onsite are provided and
these plans without Commission
detailed procedures. maintained.
(3) The licensee shall provide for the approval only if these changes do not (v) Adequate methods, systems, and
development, revision, implementation, decrease the effectiveness of the plans equipment for assessing and monitoring
and maintenance of its safeguards and the plans, as changed, continue to actual or potential offsite consequences
contingency plan. The licensee shall meet the requirements of appendix E to of a radiological emergency condition
ensure that all program elements are this part. This nuclear power reactor, are in use onsite.
reviewed by individuals independent of research reactor, or fuel facility licensee (vi) Arrangements are made for
both security program management and shall retain a record of each change to medical services for contaminated and
personnel who have direct the emergency plan made without prior injured onsite individuals.
responsibility for implementation of the Commission approval for a period of 3 (vii) Radiological emergency response
security program either: years from the date of the change. training has been made available to
(i) At intervals not to exceed 12 Proposed changes that decrease the those offsite who may be called to assist
months; or effectiveness of the approved emergency in an emergency onsite.
(ii) As necessary, based on an plans may not be implemented without (2) The condition in this paragraph,
assessment by the licensee against application to and approval by the regarding operation at up to 5 percent
performance indicators, and as soon as Commission. The licensee shall submit, power, ceases to apply 30 days after
reasonably practicable after a change as specified in § 50.4, a report of each DHS informs the NRC that the offsite
occurs in personnel, procedures, proposed change for approval. If a deficiencies have been corrected, unless
equipment, or facilities that potentially change is made without approval, the the NRC notifies the combined license
could adversely affect security, but no licensee shall submit, as specified in holder before the expiration of the 30-
longer than 12 months after the change. § 50.4, a report of each change within 30 day period that the Commission finds
In any case, all elements of the days after the change is made. under paragraphs (s)(2) and (3) of this
safeguards contingency plan must be * * * * * section that the state of emergency
reviewed at least once every 24 months. (gg)(1) Notwithstanding 10 CFR preparedness does not provide
(4) The review must include a review 52.103, if following the conduct of the reasonable assurance that adequate
and audit of safeguards contingency exercise required by paragraph IV.f.2.a protective measures can and will be
procedures and practices, an audit of of appendix E to part 50 of this chapter, taken in the event of a radiological
the security system testing and DHS identifies one or more deficiencies emergency.
■ 90. In § 50.55, the heading, the regulation, procedures, and reports may released for construction, installation, or
introductory text and paragraphs (a), (b), be examined. manufacture.
and (e) are revised, and a new paragraph (3) Procedures. Each individual, (4) Notification. (i) The holder of a
(f)(4) is added to read as follows: corporation, partnership, or other entity facility construction permit subject to
holding a facility construction permit this part, combined license (until the
§ 50.55 Conditions of construction subject to this part, combined license Commission makes the finding under 10
permits, early site permits, combined
(until the Commission makes the CFR 52.103(g)), and manufacturing
licenses, and manufacturing licenses.
finding under 10 CFR 52.103(g)), and license who obtains information
Each construction permit is subject to manufacturing license under 10 CFR reasonably indicating that the facility
the following terms and conditions; part 52 must adopt appropriate fails to comply with the AEA, as
each early site permit is subject to the procedures to— amended, or any applicable regulation,
terms and conditions in paragraph (f) of (i) Evaluate deviations and failures to order, or license of the Commission
this section; each manufacturing license comply to identify defects and failures relating to a substantial safety hazard
is subject to the terms and conditions in to comply associated with substantial must notify the Commission of the
paragraphs (e) and (f) of this section; safety hazards as soon as practicable, failure to comply through a director or
and each combined license is subject to and, except as provided in paragraph responsible officer or designated person
the terms and conditions in paragraphs (e)(3)(ii) of this section, in all cases as discussed in paragraph (e)(10) of this
(e) and (f) of this section until the date within 60 days of discovery, to identify section.
that the Commission makes the finding a reportable defect or failure to comply (ii) The holder of a facility
under § 52.103(g) of this chapter: that could create a substantial safety construction permit subject to this part,
(a) The construction permit shall state hazard, were it to remain uncorrected. combined license, or manufacturing
the earliest and latest dates for (ii) Ensure that if an evaluation of an license, who obtains information
completion of the construction or identified deviation or failure to comply reasonably indicating the existence of
modification. potentially associated with a substantial any defect found in the construction or
(b) If the proposed construction or safety hazard cannot be completed manufacture, or any defect found in the
modification of the facility is not within 60 days from discovery of the final design of a facility as approved and
completed by the latest completion date, deviation or failure to comply, an released for construction or
the construction permit shall expire and interim report is prepared and manufacture, must notify the
all rights are forfeited. However, upon submitted to the Commission through a Commission of the defect through a
good cause shown, the Commission will director or responsible officer or director or responsible officer or
extend the completion date for a designated person as discussed in designated person as discussed in
reasonable period of time. The paragraph (e)(4)(v) of this section. The paragraph (e)(4)(v) of this section.
Commission will recognize, among interim report should describe the (iii) The holder of a facility
other things, developmental problems deviation or failure to comply that is construction permit subject to this part,
attributable to the experimental nature being evaluated and should also state combined license, or manufacturing
of the facility or fire, flood, explosion, when the evaluation will be completed. license, who obtains information
strike, sabotage, domestic violence, This interim report must be submitted reasonably indicating that the quality
enemy action, an act of the elements, in writing within 60 days of discovery assurance program has undergone any
and other acts beyond the control of the of the deviation or failure to comply. significant breakdown discussed in
permit holder, as a basis for extending (iii) Ensure that a director or paragraph (e)(3)(ii)(C) of this section
the completion date. responsible officer of the holder of a must notify the Commission of the
* * * * * facility construction permit subject to breakdown in the quality assurance
(e)(1) Definitions. For purposes of this this part, combined license (until the program through a director or
paragraph, the definitions in § 21.3 of Commission makes the finding under 10 responsible officer or designated person
this chapter apply. CFR 52.103(g)), and manufacturing as discussed in paragraph (4)(v) of this
(2) Posting requirements. (i) Each license under 10 CFR part 52 is section.
individual, partnership, corporation, informed as soon as practicable, and, in (iv) A dedicating entity is responsible
dedicating entity, or other entity subject all cases, within the 5 working days for identifying and evaluating
to the regulations in this part shall post after completion of the evaluation deviations and reporting defects and
current copies of the regulations in this described in paragraph (e)(3)(i) or failures to comply associated with
part; Section 206 of the Energy (e)(3)(ii) of this section, if the substantial safety hazards for dedicated
Reorganization Act of 1974 (ERA); and construction or manufacture of a facility items; and maintaining auditable
procedures adopted under the or activity, or a basic component records for the dedication process.
regulations in this part. These supplied for such facility or activity— (v) The notification requirements of
documents must be posted in a (A) Fails to comply with the AEA, as this paragraph apply to all defects and
conspicuous position on any premises amended, or any applicable regulation, failures to comply associated with a
within the United States where the order, or license of the Commission, substantial safety hazard regardless of
activities subject to this part are relating to a substantial safety hazard; whether extensive evaluation, redesign,
conducted. (B) Contains a defect; or or repair is required to conform to the
(ii) If posting of the regulations in this (C) Undergoes any significant criteria and bases stated in the safety
part or the procedures adopted under breakdown in any portion of the quality analysis report, construction permit,
the regulations in this part is not assurance program conducted under the combined license, or manufacturing
practicable, the licensee or firm subject requirements of appendix B to 10 CFR license. Evaluation of potential defects
to the regulations in this part may, in part 50 which could have produced a and failures to comply and reporting of
addition to posting Section 206 of the defect in a basic component. These defects and failures to comply under
ERA, post a notice which describes the breakdowns in the quality assurance this section satisfies the construction
regulations/procedures, including the program are reportable whether or not permit holder’s, combined license
name of the individual to whom reports the breakdown actually resulted in a holder’s, and manufacturing license
may be made, and states where the defect in a design approved and holder’s evaluation and notification
obligations under part 21 of this component which fails to comply or paragraph (e)(3)(i) of this section for the
chapter, and satisfies the responsibility contains a defect. longest of:
of individual directors or responsible (iv) Nature of the defect or failure to (A) Ten (10) years from the date of the
officers of holders of construction comply and the safety hazard which is evaluation;
permits issued under § 50.23, holders of created or could be created by the defect (B) Five (5) years from the date that
combined licenses (until the or failure to comply. an early site permit is referenced in an
Commission makes the finding under (v) The date on which the information application for a combined license; or
§ 52.103 of this chapter), and holders of of a defect or failure to comply was (C) Five (5) years from the date of
manufacturing licenses to report defects, obtained. delivery of a manufactured reactor.
and failures to comply associated with (vi) In the case of a basic component (iii) Retain records of all interim
substantial safety hazards under Section which contains a defect or fails to reports to the Commission made under
206 of the ERA. The director or comply, the number and location of all paragraph (e)(3)(ii) of this section, or
responsible officer may authorize an the basic components in use at the notifications to the Commission made
individual to provide the notification facility subject to the regulations in this under paragraph (e)(4) of this section for
required by this section, provided that part. the minimum time periods stated in
this must not relieve the director or (vii) In the case of a completed reactor paragraph (e)(9)(ii) of this section;
responsible officer of his or her manufactured under part 52 of this (iv) Suppliers of basic components
responsibility under this section. chapter, the entities to which the reactor must retain records of:
(5) Notification—timing and where was supplied. (A) All notifications sent to affected
sent. The notification required by (viii) The corrective action which has
licensees or purchasers under paragraph
paragraph (e)(4) of this section must been, is being, or will be taken; the
(e)(4)(iv) of this section for a minimum
consist of— name of the individual or organization
of ten (10) years following the date of
(i) Initial notification by facsimile, responsible for the action; and the
the notification;
which is the preferred method of length of time that has been or will be
(B) The facilities or other purchasers
notification, to the NRC Operations taken to complete the action.
(ix) Any advice related to the defect to whom basic components or
Center at (301) 816–5151 or by
or failure to comply about the facility, associated services were supplied for a
telephone at (301) 816–5100 within 2
activity, or basic component that has minimum of fifteen (15) years from the
days following receipt of information by
been, is being, or will be given to other delivery of the basic component or
the director or responsible corporate
entities. associated services.
officer under paragraph (e)(3)(iii) of this
section, on the identification of a defect (7) Procurement documents. Each (v) Maintaining records in accordance
or a failure to comply. Verification that individual, corporation, partnership, with this section satisfies the
the facsimile has been received should dedicating entity, or other entity subject recordkeeping obligations under part 21
be made by calling the NRC Operations to the regulations in this part shall of this chapter of the entities, including
Center. This paragraph does not apply ensure that each procurement document directors or responsible officers thereof,
to interim reports described in for a facility, or a basic component subject to this section.
paragraph (e)(3)(ii) of this section. specifies or is issued by the entity (f) * * *
(ii) Written notification submitted to subject to the regulations, when (4) Each holder of an early site permit
the Document Control Desk, U.S. applicable, that the provisions of 10 or a manufacturing license under part
Nuclear Regulatory Commission, by an CFR part 21 or 10 CFR 50.55(e) applies, 52 of this chapter shall implement the
appropriate method listed in § 50.4, as applicable. quality assurance program described or
with a copy to the appropriate Regional (8) Coordination with 10 CFR part 21. referenced in the safety analysis report,
Administrator at the address specified The requirements of § 50.55(e) are including changes to that report. Each
in appendix D to part 20 of this chapter satisfied when the defect or failure to holder of a combined license shall
and a copy to the appropriate NRC comply associated with a substantial implement the quality assurance
resident inspector within 30 days safety hazard has been previously program for design and construction
following receipt of information by the reported under part 21 of this chapter, described or referenced in the safety
director or responsible corporate officer under § 73.71 of this chapter, or under analysis report, including changes to
under paragraph (e)(3)(iii) of this §§ 50.55(e) or 50.73. For holders of that report, provided, however, that the
section, on the identification of a defect construction permits issued before holder of a combined license is not
or failure to comply. October 29, 1991, evaluation, reporting subject to the terms and conditions in
(6) Content of notification. The and recordkeeping requirements of this paragraph after the Commission
written notification required by § 50.55(e) may be met by complying makes the finding under § 52.103(g) of
paragraph (e)(9)(ii) of this section must with the comparable requirements of this chapter.
clearly indicate that the written part 21 of this chapter. (i) Each holder described in paragraph
notification is being submitted under (9) Records retention. The holder of a (f)(4) of this section may make a change
§ 50.55(e) and include the following construction permit, combined license, to a previously accepted quality
information, to the extent known. and manufacturing license must prepare assurance program description included
(i) Name and address of the and maintain records necessary to or referenced in the safety analysis
individual or individuals informing the accomplish the purposes of this section, report, if the change does not reduce the
Commission. specifically— commitments in the program
(ii) Identification of the facility, the (i) Retain procurement documents, description previously accepted by the
activity, or the basic component which define the requirements that NRC. Changes to the quality assurance
supplied for the facility or the activity facilities or basic components must program description that do not reduce
within the United States which contains meet in order to be considered the commitments must be submitted to
a defect or fails to comply. acceptable, for the lifetime of the facility NRC within 90 days. Changes to the
(iii) Identification of the firm or basic component. quality assurance program description
constructing or manufacturing the (ii) Retain records of evaluations of all that reduce the commitments must be
facility or supplying the basic deviations and failures to comply under submitted to NRC and receive NRC
approval before implementation, as addition to those specified in § 50.55. the ASME Boiler and Pressure Vessel
follows: Each manufacturing license, standard Code.
(A) Changes to the safety analysis design approval, and standard design * * * * *
report must be submitted for review as certification application under part 52 (e) * * *
specified in § 50.4. Changes made to of this chapter is subject to the (1) For a nuclear power plant whose
NRC-accepted quality assurance topical conditions in paragraphs (a), (b)(1), application for a construction permit
report descriptions must be submitted (b)(4), (c), (d), (e), (f)(3), and (g)(3) of this under this part, or a combined license
as specified in § 50.4. section. or manufacturing license under part 52
(B) The submittal of a change to the * * * * * of this chapter is docketed after May 14,
safety analysis report quality assurance 1984, or for an application for a
program description must include all (b) * * *
(1) * * * standard design approval or a standard
pages affected by that change and must design certification docketed after May
be accompanied by a forwarding letter (i) Section III Materials. When 14, 1984, components classified Quality
identifying the change, the reason for applying the 1992 Edition of Section III, Group C 9 must meet the requirements
the change, and the basis for concluding applicants or licensees must apply the for Class 3 components in Section III of
that the revised program incorporating 1992 Edition with the 1992 Addenda of the ASME Boiler and Pressure Vessel
the change continues to satisfy the Section II of the ASME Boiler and Code.
criteria of appendix B of this part and Pressure Vessel Code.
the safety analysis report quality * * * * *
(ii) Weld leg dimensions. When (f) * * *
assurance program description applying the 1989 Addenda through the (3) For a boiling or pressurized water-
commitments previously accepted by latest edition, and addenda incorporated cooled nuclear power facility whose
the NRC (the letter need not provide the by reference in paragraph (b)(1) of this construction permit under this part or
basis for changes that correct spelling, section, applicants or licensees may not design approval, design certification,
punctuation, or editorial items). apply paragraph NB–3683.4(c)(1),
(C) A copy of the forwarding letter combined license, or manufacturing
Footnote 11 to Figure NC–3673.2(b)–1, license under part 52 of this chapter,
identifying the changes must be and Figure ND–3673.2(b)–1.
maintained as a facility record for three was issued on or after July 1, 1974:
(iii) Seismic design. Applicants or * * * * *
(3) years. licensees may use Articles NB–3200,
(D) Changes to the quality assurance (iii)(A) Pumps and valves, in facilities
NB–3600, NC–3600, and ND–3600 up to whose construction permit under this
program description included or
and including the 1993 Addenda, part, or design certification or design
referenced in the safety analysis report
subject to the limitation specified in approval under part 52 of this chapter
shall be regarded as accepted by the
paragraph (b)(1)(ii) of this section. was issued before November 22, 1999,
Commission upon receipt of a letter to
Applicants or licensees may not use which are classified as ASME Code
this effect from the appropriate
these articles in the 1994 Addenda Class 1 must be designed and be
reviewing office of the Commission or
through the latest edition and addenda provided with access to enable the
60 days after submittal to the
incorporated by reference in paragraph performance of inservice testing of the
Commission, whichever occurs first.
(ii) [Reserved] (b)(1) of this section. pumps and valves for assessing
■ 91. In Section 50.55a, the introductory
* * * * * operational readiness set forth in the
paragraphs (b)(1)(i), (b)(1)(ii), (b)(1)(iii), (v) Independence of inspection. editions and addenda of Section XI of
(b)(1)(v), the introductory text of Applicants or licensees may not apply the ASME Boiler and Pressure Vessel
paragraphs (b)(4) and (d)(1), paragraph NCA–4134.10(a) of Section III, 1995 Code incorporated by reference in
(e)(1), the introductory text of paragraph Edition, through the latest edition and paragraph (b) of this section (or the
(f)(3), paragraphs (f)(3)(iii), (f)(3)(iv)(B), addenda incorporated by reference in optional ASME Code cases that are
(f)(4)(i), the introductory text of paragraph (b)(1) of this section. listed in NRC Regulatory Guide 1.147,
paragraph (g)(3), paragraphs (g)(4)(i), the * * * * * through Revision 14 or Regulatory
introductory text of paragraph (g)(4)(v), (4) Design, Fabrication, and Materials Guide 1.192, that are incorporated by
and paragraph (h)(3) are revised to read Code Cases. Applicants or licensees reference in paragraph (b) of this
as follows: may apply the ASME Boiler and section) applied to the construction of
Pressure Vessel Code cases listed in the particular pump or valve or the
§ 50.55a Codes and standards. summer 1973 Addenda, whichever is
NRC Regulatory Guide 1.84, Revision
Each construction permit for a 33, without prior NRC approval subject later.
utilization facility is subject to the to the following: (B) Pumps and valves, in facilities
following conditions in addition to whose construction permit under this
those specified in § 50.55. Each * * * * * part, or design certification, design
combined license for a utilization (d) * * * approval, combined license, or
facility is subject to the following (1) For a nuclear power plant whose manufacturing license under part 52 of
conditions in addition to those specified application for a construction permit this chapter, is issued on or after
in § 50.55, except that each combined under this part, or a combined license November 22, 1999, which are classified
license for a boiling or pressurized or manufacturing license under part 52 as ASME Code Class 1 must be designed
water-cooled nuclear power facility is of this chapter is docketed after May 14, and be provided with access to enable
subject to the conditions in paragraphs 1984, or for an application for a the performance of inservice testing of
(f) and (g) of this section, but only after standard design approval or a standard the pumps and valves for assessing
the Commission makes the finding design certification docketed after May operational readiness set forth in
under § 52.103(g) of this chapter. Each 14, 1984, components classified Quality editions and addenda of the ASME OM
operating license for a boiling or Group B 9 must meet the requirements Code (or the optional ASME Code cases
pressurized water-cooled nuclear power for Class 2 Components in Section III of listed in the NRC Regulatory Guide
facility is subject to the conditions in 1.192 that is incorporated by reference
paragraphs (f) and (g) of this section in 9 See footnotes at end of section. in paragraph (b) of this section)
referenced in paragraph (b)(3) of this date of issuance of the operating license chapter, or the termination of a license
section at the time the construction under this part, or 12 months before the issued under 10 CFR part 54, whichever
permit, combined license, date scheduled for initial loading of fuel is later. Records of changes in
manufacturing license, design under a combined license under part 52 procedures and records of tests and
certification, or design approval is of this chapter (or the optional ASME experiments must be maintained for a
issued. Code cases listed in NRC Regulatory period of 5 years.
(iv) * * * Guide 1.147, through Revision 14, that ■ 93. In § 50.61, paragraph (b)(1) is
(B) Pumps and valves, in facilities are incorporated by reference in revised to read as follows:
whose construction permit under this paragraph (b) of this section), subject to
part or design certification or combined the limitations and modifications listed § 50.61 Fracture toughness requirements
license under part 52 of this chapter is in paragraph (b) of this section. for protection against pressurized thermal
issued on or after November 22, 1999, shock events.
* * * * *
which are classified as ASME Code (v) For a boiling or pressurized water- * * * * *
Class 2 and 3 must be designed and be cooled nuclear power facility whose (b) * * *
provided with access to enable the (1) For each pressurized water nuclear
construction permit under this part or
performance of inservice testing of the power reactor for which an operating
combined license under part 52 of this
pumps and valves for assessing license has been issued under this part
chapter was issued after January 1,
operational readiness set forth in or a combined license has been issued
1956:
editions and addenda of the ASME OM under part 52 of this chapter, other than
* * * * * a nuclear power reactor facility for
Code (or the optional ASME Code cases (h) * * *
listed in the NRC Regulatory Guide which the certifications required under
(3) Safety systems. Applications filed § 50.82(a)(1) have been submitted, the
1.192 that is incorporated by reference on or after May 13, 1999, for
in paragraph (b) of this section) licensee shall have projected values of
construction permits and operating RTPTS, accepted by the NRC, for each
referenced in paragraph (b)(3) of this licenses under this part, and for design
section at the time the construction reactor vessel beltline material for the
approvals, design certifications, and EOL fluence of the material. The
permit, combined license, or design combined licenses under part 52 of this
certification is issued. assessment of RTPTS must use the
chapter, must meet the requirements for calculation procedures given in
* * * * * safety systems in IEEE Std. 603–1991
(4) * * * paragraph (c)(1) of this section, except
and the correction sheet dated January as provided in paragraphs (c)(2) and
(i) Inservice tests to verify operational 30, 1995.
readiness of pumps and valves, whose (c)(3) of this section. The assessment
■ 92. In § 50.59, paragraphs (b), (d)(2), must specify the bases for the projected
function is required for safety, and (d)(3) are revised to read as follows:
conducted during the initial 120-month value of RTPTS for each vessel beltline
interval must comply with the § 50.59 Changes, tests, and experiments. material, including the assumptions
requirements in the latest edition and regarding core loading patterns, and
* * * * * must specify the copper and nickel
addenda of the Code incorporated by (b) This section applies to each holder
reference in paragraph (b) of this section contents and the fluence value used in
of an operating license issued under this
on the date 12 months before the date the calculation for each beltline
part or a combined license issued under
of issuance of the operating license material. This assessment must be
part 52 of this chapter, including the
under this part, or 12 months before the updated whenever there is a
holder of a license authorizing operation
date scheduled for initial loading fuel significant 2 change in projected values
of a nuclear power reactor that has
under a combined license under part 52 of RTPTS, or upon request for a change
submitted the certification of permanent
of this chapter (or the optional ASME in the expiration date for operation of
cessation of operations required under
Code cases listed in NRC Regulatory the facility.
§ 50.82(a)(1) or § 50.110 or a reactor
Guide 1.192, that is incorporated by licensee whose license has been * * * * *
reference in paragraph (b) of this amended to allow possession of nuclear ■ 94. In § 50.62, paragraph (d) is revised
section), subject to the limitations and fuel but not operation of the facility. to read as follows:
modifications listed in paragraph (b) of * * * * *
this section. § 50.62 Requirements for reduction of risk
(d) * * * from anticipated transients without scram
* * * * * (2) The licensee shall submit, as (ATWS) events for light-water-cooled
(g) * * * specified in § 50.4 or § 52.3 of this nuclear power plants.
(3) For a boiling or pressurized water- chapter, as applicable, a report * * * * *
cooled nuclear power facility whose containing a brief description of any (d) Implementation. For each light-
construction permit under this part, or changes, tests, and experiments, water-cooled nuclear power plant
design certification, design approval, including a summary of the evaluation operating license issued before
combined license, or manufacturing of each. A report must be submitted at September 27, 2007, by 180 days after
license under part 52 of this chapter, intervals not to exceed 24 months. For the issuance of the QA guidance for
was issued on or after July 1, 1974: combined licenses, the report must be non-safety related components, each
* * * * * submitted at intervals not to exceed 6 licensee shall develop and submit to the
(4) * * * months during the period from the date Commission, as specified in § 50.4, a
(i) Inservice examinations of of application for a combined license to proposed schedule for meeting the
components and system pressure tests the date the Commission makes its
conducted during the initial 120-month findings under 10 CFR 52.103(g). 2 Changes to RT
PTS values are considered
inspection interval must comply with (3) The records of changes in the significant if either the previous value or the
the requirements in the latest edition facility must be maintained until the current value, or both values, exceed the screening
criterion before the expiration of the operating
and addenda of the Code incorporated termination of an operating license license or the combined license under part 52 of
by reference in paragraph (b) of this issued under this part, a combined this chapter, including any renewed term, if
section on the date 12 months before the license issued under part 52 of this applicable for the plant.
requirements of paragraphs (c)(1) § 50.65 Requirements for monitoring the office facilities at the site. A space of
through (c)(5) of this section. Each shall effectiveness of maintenance at nuclear 250 square feet either within the site’s
include an explanation of the schedule power plants. office complex or in an office trailer or
along with a justification if the schedule * * * * * other onsite space is suggested as a
calls for final implementation later than (a)(1) Each holder of an operating guide. For sites containing multiple
the second refueling outage after July license for a nuclear power plant under power reactor units or fuel facilities,
26, 1984, or the date of issuance of a this part and each holder of a combined additional space may be requested to
license authorizing operation above 5 license under part 52 of this chapter accommodate additional full-time
percent of full power. A final schedule after the Commission makes the finding inspector(s). The office space that is
shall then be mutually agreed upon by under § 52.103(g) of this chapter, shall provided shall be subject to the
the Commission and licensee. For each monitor the performance or condition of approval of the Director, Office of New
light-water-cooled nuclear power plant structures, systems, or components, Reactors, or the Director, Office of
operating license application submitted against licensee-established goals, in a Nuclear Reactor Regulation. All
after September 27, 2007, the applicant manner sufficient to provide reasonable furniture, supplies and communication
shall submit information in its final assurance that these structures, systems, equipment will be furnished by the
safety analysis report demonstrating and components, as defined in Commission.
how it will comply with paragraphs paragraph (b) of this section, are capable
* * * * *
(c)(1) through (c)(5) of this section. of fulfilling their intended functions.
These goals shall be established ■ 98. In § 50.71, paragraphs (a), (c),
■ 95. In § 50.63, the introductory text of commensurate with safety and, where (d)(1), and the introductory text of
paragraphs (a)(1) and (c)(1) are revised practical, take into account industry- paragraph (e) are revised, paragraph
to read as follows: wide operating experience. When the (e)(3)(iii) is added, paragraph (f) is
performance or condition of a structure, redesignated as paragraph (g) and
§ 50.63 Loss of all alternating current
system, or component does not meet revised, and new paragraphs (f) and (h)
power.
established goals, appropriate corrective are added to read as follows:
(a) * * * action shall be taken. For a nuclear
(1) Each light-water-cooled nuclear § 50.71 Maintenance of records, making of
power plant for which the licensee has reports.
power plant licensed to operate under submitted the certifications specified in
this part, each light-water-cooled (a) Each licensee, including each
§ 50.82(a)(1) or 52.110(a)(1) of this
nuclear power plant licensed under holder of a construction permit or early
chapter, as applicable, this section shall
subpart C of 10 CFR part 52 after the site permit, shall maintain all records
only apply to the extent that the
Commission makes the finding under and make all reports, in connection with
licensee shall monitor the performance
§ 52.103(g) of this chapter, and each the activity, as may be required by the
or condition of all structures, systems,
design for a light-water-cooled nuclear conditions of the license or permit or by
or components associated with the
power plant approved under a standard storage, control, and maintenance of the regulations, and orders of the
design approval, standard design spent fuel in a safe condition, in a Commission in effectuating the
certification, and manufacturing license manner sufficient to provide reasonable purposes of the Act, including Section
under part 52 of this chapter must be assurance that these structures, systems, 105 of the Act, and the Energy
able to withstand for a specified and components are capable of fulfilling Reorganization Act of 1974, as
duration and recover from a station their intended functions. amended. Reports must be submitted in
blackout as defined in § 50.2. The accordance with § 50.4 or 10 CFR 52.3,
* * * * * as applicable.
specified station blackout duration shall
■ 97. In § 50.70 paragraphs (a) and (b)(2)
be based on the following factors: * * * * *
are revised to read as follows:
* * * * * (c) Records that are required by the
(c) * * * § 50.70 Inspections. regulations in this part or part 52 of this
(a) Each applicant for or holder of a chapter, by license condition, or by
(1) Information Submittal. For each
license, including a construction permit technical specifications must be
light-water-cooled nuclear power plant
or an early site permit, shall permit retained for the period specified by the
licensed to operate on or before July 21,
inspection, by duly authorized appropriate regulation, license
1988, the licensee shall submit the
representatives of the Commission, of condition, or technical specification. If
information defined below to the
his records, premises, activities, and of a retention period is not otherwise
Director of the Office of Nuclear Reactor
licensed materials in possession or use, specified, these records must be
Regulation by April 17, 1989. For each
related to the license or construction retained until the Commission
light-water-cooled nuclear power plant
permit or early site permit as may be terminates the facility license or, in the
licensed to operate after July 21, 1988,
necessary to effectuate the purposes of case of an early site permit, until the
but before September 27, 2007, the
the Act, as amended, including Section permit expires.
licensee shall submit the information
105 of the Act, and the Energy (d)(1) Records which must be
defined in this section to the Director of
Reorganization Act of 1974, as maintained under this part or part 52 of
the Office of Nuclear Reactor
amended. this chapter may be the original or a
Regulation, by 270 days after the date of
(b) * * * reproduced copy or microform if the
license issuance. For each light-water-
(2) For a site with a single power reproduced copy or microform is duly
cooled nuclear power plant operating
reactor or fuel facility licensed under authenticated by authorized personnel
license application submitted after
part 50 or part 52 of this chapter, or a and the microform is capable of
September 27, 2007, the applicant shall
facility issued a manufacturing license producing a clear and legible copy after
submit the information defined below in
under part 52, the space provided shall storage for the period specified by
its final safety analysis report.
be adequate to accommodate a full-time Commission regulations. The record
* * * * * inspector, a part-time secretary and may also be stored in electronic media
■ 96. In § 50.65, paragraph (a)(1) is transient NRC personnel and will be with the capability of producing legible,
revised to read as follows: generally commensurate with other accurate, and complete records during
the required retention period. Records approved by the Commission under Operations Center via the Emergency
such as letters, drawings, and § 52.171 of this chapter, and any new Notification System of:
specifications, must include all analyses of the design performed by or * * * * *
pertinent information such as stamps, on behalf of the licensee at the NRC’s ■ 100. In § 50.73, paragraph (a)(1) is
initials, and signatures. The licensee request. This submittal shall contain all revised to read as follows:
shall maintain adequate safeguards the changes necessary to reflect
against tampering with, and loss of information and analyses submitted to § 50.73 Licensee event report system.
records. the Commission by the licensee or (a) * * *
* * * * * prepared by the licensee with respect to (1) The holder of an operating license
(e) Each person licensed to operate a the modification approved under under this part or a combined license
nuclear power reactor under the § 52.171 of this chapter or the analyses under part 52 of this chapter (after the
provisions of § 50.21 or § 50.22, and requested by the Commission under Commission has made the finding under
each applicant for a combined license § 52.171 of this chapter. The updated § 52.103(g) of this chapter) for a nuclear
under part 52 of this chapter, shall information shall be appropriately power plant (licensee) shall submit a
update periodically, as provided in located within the update to the FSAR. Licensee Event Report (LER) for any
paragraphs (e) (3) and (4) of this section, (g) The provisions of this section event of the type described in this
the final safety analysis report (FSAR) apply to nuclear power reactor licensees paragraph within 60 days after the
originally submitted as part of the that have submitted the certification of discovery of the event. In the case of an
application for the license, to assure that permanent cessation of operations invalid actuation reported under
the information included in the report required under §§ 50.82(a)(1)(i) or § 50.73(a)(2)(iv), other than actuation of
contains the latest information 52.110(a)(1) of this chapter. The the reactor protection system (RPS)
developed. This submittal shall contain provisions of paragraphs (a), (c), and (d) when the reactor is critical, the licensee
all the changes necessary to reflect of this section also apply to non-power may, at its option, provide a telephone
information and analyses submitted to reactor licensees that are no longer notification to the NRC Operations
the Commission by the applicant or authorized to operate. Center within 60 days after discovery of
licensee or prepared by the applicant or (h)(1) No later than the scheduled the event instead of submitting a written
licensee pursuant to Commission date for initial loading of fuel, each LER. Unless otherwise specified in this
requirement since the submittal of the holder of a combined license under section, the licensee shall report an
original FSAR, or as appropriate, the subpart C of 10 CFR part 52 shall event if it occurred within 3 years of the
last update to the FSAR under this develop a level 1 and a level 2 date of discovery regardless of the plant
section. The submittal shall include the probabilistic risk assessment (PRA). The mode or power level, and regardless of
effects 1 of all changes made in the PRA must cover those initiating events the significance of the structure, system,
facility or procedures as described in and modes for which NRC-endorsed or component that initiated the event.
the FSAR; all safety analyses and consensus standards on PRA exist one
evaluations performed by the applicant * * * * *
year prior to the scheduled date for
or licensee either in support of initial loading of fuel. ■ 101. In § 50.75, paragraphs (a) and (b)
approved license amendments or in (2) Each holder of a combined license are revised, paragraph (e)(3) is added,
support of conclusions that changes did shall maintain and upgrade the PRA paragraphs (f)(1), (f)(2), (f)(3), and (f)(4)
not require a license amendment in required by paragraph (h)(1) of this are redesignated as paragraphs (f)(2),
accordance with § 50.59(c)(2) or, in the section. The upgraded PRA must cover (f)(3), (f)(4), and (f)(5), respectively, and
case of a license that references a initiating events and modes of operation paragraph (f)(1) is added to read as
certified design, in accordance with contained in NRC-endorsed consensus follows:
§ 52.98(c) of this chapter; and all standards on PRA in effect one year § 50.75 Reporting and recordkeeping for
analyses of new safety issues performed prior to each required upgrade. The PRA decommissioning planning.
by or on behalf of the applicant or must be upgraded every four years until
(a) This section establishes
licensee at Commission request. The the permanent cessation of operations
requirements for indicating to NRC how
updated information shall be under § 52.110(a) of this chapter.
a licensee will provide reasonable
appropriately located within the update (3) Each holder of a combined license
to the FSAR. assurance that funds will be available
shall, no later than the date on which
for the decommissioning process. For
* * * * * the licensee submits an application for
power reactor licensees (except a holder
(3) * * * a renewed license, upgrade the PRA
of a manufacturing license under part 52
(iii) During the period from the required by paragraph (h)(1) of this
of this chapter), reasonable assurance
docketing of an application for a section to cover all modes and all
combined license under subpart C of consists of a series of steps as provided
initiating events.
part 52 of this chapter until the in paragraphs (b), (c), (e), and (f) of this
Commission makes the finding under section. Funding for the
paragraph (a)(1) is revised to read as decommissioning of power reactors may
§ 52.103(g) of this chapter, the update to follows:
the FSAR must be submitted annually. also be subject to the regulation of
§ 50.72 Immediate notification Federal or State Government agencies
* * * * * (e.g., Federal Energy Regulatory
requirements for operating nuclear power
(f) Each person licensed to
reactors. Commission (FERC) and State Public
manufacture a nuclear power reactor
(a) * * * Utility Commissions) that have
under subpart F of 10 CFR part 52 shall
(1) Each nuclear power reactor jurisdiction over rate regulation. The
update the FSAR originally submitted as
licensee licensed under §§ 50.21(b) or requirements of this section, in
part of the application to reflect any
modification to the design that is 50.22 holding an operating license particular paragraph (c) of this section,
under this part or a combined license are in addition to, and not substitution
1 Effects of changes includes appropriate under part 52 of this chapter after the for, other requirements, and are not
revisions of descriptions in the FSAR such that the Commission makes the finding under intended to be used by themselves or by
FSAR (as updated) is complete and accurate. § 52.103(g), shall notify the NRC other agencies to establish rates.
(b) Each power reactor applicant for instrument to be used. No later than 30 set forth in § 75.6 and §§ 75.11 through
or holder of an operating license, and days after the Commission publishes 75.14 of this chapter.
each applicant for a combined license notice in the Federal Register under 10
■ 103. In § 50.80, paragraphs (a) and (b)
under subpart C of 10 CFR part 52 for CFR 52.103(a), the licensee shall submit
a production or utilization facility of the a report containing a certification that are revised to read as follows:
type and power level specified in financial assurance for § 50.80 Transfer of licenses.
paragraph (c) of this section shall decommissioning is being provided in (a) No license for a production or
submit a decommissioning report, as an amount specified in the licensee’s utilization facility (including, but not
required by § 50.33(k). most recent updated certification, limited to, permits under this part and
(1) For an applicant for or holder of including a copy of the financial part 52 of this chapter, and licenses
an operating license under part 50, the instrument obtained to satisfy the under parts 50 and 52 of this chapter),
report must contain a certification that requirements of paragraph (e) of this or any right thereunder, shall be
financial assurance for section. transferred, assigned, or in any manner
decommissioning will be (for a license (f)(1) Each power reactor licensee disposed of, either voluntarily or
applicant), or has been (for a license shall report, on a calendar-year basis, to involuntarily, directly or indirectly,
holder), provided in an amount which the NRC by March 31, 1999, and at least through transfer of control of the license
may be more, but not less, than the once every 2 years on the status of its to any person, unless the Commission
amount stated in the table in paragraph decommissioning funding for each gives its consent in writing.
(c)(1) of this section adjusted using a reactor or part of a reactor that it owns. (b)(1) An application for transfer of a
rate at least equal to that stated in However, each holder of a combined license shall include:
paragraph (c)(2) of this section. For an license under part 52 of this chapter (i) For a construction permit or
applicant for a combined license under need not begin reporting until the date operating license under this part, as
subpart C of 10 CFR part 52, the report that the Commission has made the much of the information described in
must contain a certification that finding under § 52.103(g) of this §§ 50.33 and 50.34 of this part with
financial assurance for chapter. The information in this report respect to the identity and technical and
decommissioning will be provided no must include, at a minimum the amount financial qualifications of the proposed
later than 30 days after the Commission of decommissioning funds estimated to transferee as would be required by those
publishes notice in the Federal Register be required under 10 CFR 50.75(b) and sections if the application were for an
under § 52.103(a) in an amount which (c); the amount accumulated to the end initial license. The Commission may
may be more, but not less, than the of the calendar year preceding the date require additional information such as
amount stated in the table in paragraph of the report; a schedule of the annual data respecting proposed safeguards
(c)(1) of this section, adjusted using a amounts remaining to be collected; the against hazards from radioactive
rate at least equal to that stated in assumptions used regarding rates of materials and the applicant’s
paragraph (c)(2) of this section. escalation in decommissioning costs, qualifications to protect against such
(2) The amount to be provided must rates of earnings on decommissioning hazards.
be adjusted annually using a rate at least funds, and rates of other factors used in (ii) For an early site permit under part
equal to that stated in paragraph (c)(2) funding projections; any contracts upon 52 of this chapter, as much of the
of this section. which the licensee is relying under information described in §§ 52.16 and
(3) The amount must be covered by paragraph (e)(1)(v) of this section; any 52.17 of this chapter with respect to the
one or more of the methods described in modifications occurring to a licensee’s identity and technical qualifications of
paragraph (e) of this section as current method of providing financial the proposed transferee as would be
acceptable to the NRC. assurance since the last submitted required by those sections if the
(4) The amount stated in the report; and any material changes to trust application were for an initial license.
applicant’s or licensee’s certification agreements. Any licensee for a plant (iii) For a combined license under
may be based on a cost estimate for that is within 5 years of the projected part 52 of this chapter, as much of the
decommissioning the facility. As part of end of its operation, or where information described in §§ 52.77 and
the certification, a copy of the financial conditions have changed so that it will 52.79 of this chapter with respect to the
instrument obtained to satisfy the close within 5 years (before the end of identity and technical and financial
requirements of paragraph (e) of this its licensed life), or has already closed qualifications of the proposed transferee
section must be submitted to NRC; (before the end of its licensed life), or as would be required by those sections
provided, however, that an applicant for for plants involved in mergers or if the application were for an initial
or holder of a combined license need acquisitions shall submit this report license. The Commission may require
not obtain such financial instrument or annually. additional information such as data
submit a copy to the Commission except * * * * * respecting proposed safeguards against
as provided in paragraph (e)(3) of this hazards from radioactive materials and
■ 102. Section 50.78 is revised to read
section. the applicant’s qualifications to protect
as follows:
* * * * * against such hazards.
(e) * * * § 50.78 Installation information and (iv) For a manufacturing license under
(3) Each holder of a combined license verification. part 52 of this chapter, as much of the
under subpart C of 10 CFR part 52 shall, Each holder of a construction permit information described in §§ 52.156 and
2 years before and 1 year before the and each holder of a combined license 52.157 of this chapter with respect to
scheduled date for initial loading of shall, if requested by the Commission, the identity and technical qualifications
fuel, consistent with the schedule submit installation information on of the proposed transferee as would be
required by § 52.99(a), submit a report to Form–71, permit verification thereof by required by those sections if the
the NRC containing a certification the International Atomic Energy application were for an initial license.
updating the information described Agency, and take other action as may be (2) The application shall include also
under paragraph (b)(1) of this section, necessary to implement the US/IAEA a statement of the purposes for which
including a copy of the financial Safeguards Agreement, in the manner the transfer of the license is requested,
the nature of the transaction §§ 50.21(b) or 50.22, or for a testing chapter may be revoked, suspended, or
necessitating or making desirable the facility, except for amendments subject modified, in whole or in part, for any
transfer of the license, and an agreement to hearings governed by 10 CFR part 2, material false statement in the
to limit access to Restricted Data subpart L. For amendments subject to 10 application or in the supplemental or
pursuant to § 50.37. The Commission CFR part 2, subpart L, the following other statement of fact required of the
may require any person who submits an procedures will apply only to the extent applicant; or because of conditions
application for license pursuant to the specifically referenced in § 2.309(b) of revealed by the application or statement
provisions of this section to file a this chapter, except that notice of of fact of any report, record, inspection,
written consent from the existing opportunity for hearing must be or other means which would warrant
licensee or a certified copy of an order published in the Federal Register at the Commission to refuse to grant a
or judgment of a court of competent least 30 days before the requested license, permit, or approval on an
jurisdiction attesting to the person’s amendment is issued by the original application (other than those
right (subject to the licensing Commission: relating to §§ 50.51, 50.42(a), and
requirements of the Act and these * * * * * 50.43(b)); or for failure to manufacture
regulations) to possession of the facility ■ 107. Section 50.92 paragraph (a), and
a reactor, or construct or operate a
or site involved. the introductory text of paragraph (c) are facility in accordance with the terms of
* * * * * revised to read as follows: the permit or license, provided,
■ 104. In § 50.81, paragraph (d)(1) is however, that failure to make timely
revised, and a new paragraph (d)(3) is § 50.92 Issuance of amendment. completion of the proposed
added to read as follows: (a) In determining whether an construction or alteration of a facility
amendment to a license, construction under a construction permit under part
§ 50.81 Creditor regulations. permit, or early site permit will be 50 of this chapter or a combined license
* * * * * issued to the applicant, the Commission under part 52 of this chapter shall be
(d) * * * will be guided by the considerations governed by the provisions of § 50.55(b);
(1) License includes any license under which govern the issuance of initial or for violation of, or failure to observe,
this chapter, any construction permit licenses, construction permits, or early any of the terms and provisions of the
under this part, and any early site site permits to the extent applicable and act, regulations, license, permit,
permit under part 52 of this chapter, appropriate. If the application involves approval, or order of the Commission.
which may be issued by the the material alteration of a licensed ■ 109. In § 50.109, paragraph (a)(1) is
Commission with regard to a facility; facility, a construction permit will be revised to read as follows:
* * * * * issued before the issuance of the
(3) Facility includes but is not limited amendment to the license, provided § 50.109 Backfitting.
to, a site which is the subject of an early however, that if the application involves (a)(1) Backfitting is defined as the
site permit under subpart A of part 52 a material alteration to a nuclear power modification of or addition to systems,
of this chapter, and a reactor reactor manufactured under part 52 of structures, components, or design of a
manufactured under a manufacturing this chapter before its installation at a facility; or the design approval or
license under subpart F of part 52 of this site, or a combined license before the manufacturing license for a facility; or
chapter. date that the Commission makes the the procedures or organization required
■ 105. Section 50.90 is revised to read finding under § 52.103(g) of this to design, construct or operate a facility;
as follows: chapter, no application for a any of which may result from a new or
construction permit is required. If the amended provision in the Commission’s
§ 50.90 Application for amendment of amendment involves a significant regulations or the imposition of a
license, construction permit, or early site hazards consideration, the Commission regulatory staff position interpreting the
permit. will give notice of its proposed action: Commission’s regulations that is either
Whenever a holder of a license, (1) Under § 2.105 of this chapter new or different from a previously
including a construction permit and before acting thereon; and applicable staff position after:
operating license under this part, and an (2) As soon as practicable after the (i) The date of issuance of the
early site permit, combined license, and application has been docketed. construction permit for the facility for
manufacturing license under part 52 of * * * * * facilities having construction permits
this chapter, desires to amend the (c) The Commission may make a final issued after October 21, 1985;
license or permit, application for an determination, under the procedures in (ii) Six (6) months before the date of
amendment must be filed with the § 50.91, that a proposed amendment to docketing of the operating license
Commission, as specified in §§ 50.4 or an operating license or a combined application for the facility for facilities
52.3 of this chapter, as applicable, fully license for a facility or reactor licensed having construction permits issued
describing the changes desired, and under §§ 50.21(b) or 50.22, or for a before October 21, 1985;
following as far as applicable, the form testing facility involves no significant (iii) The date of issuance of the
prescribed for original applications. hazards consideration, if operation of operating license for the facility for
■ 106. In § 50.91, the introductory text the facility in accordance with the facilities having operating licenses;
is revised to read as follows: proposed amendment would not: (iv) The date of issuance of the design
* * * * * approval under subpart E of part 52 of
§ 50.91 Notice for public comment; State
this chapter;
consultation. (v) The date of issuance of a
as follows:
The Commission will use the manufacturing license under subpart F
following procedures for an application § 50.100 Revocation, suspension, of part 52 of this chapter;
requesting an amendment to an modification of licenses, permits, and (vi) The date of issuance of the first
operating license under this part or a approvals for cause. construction permit issued for a
combined license under part 52 of this A license, permit, or standard design duplicate design under appendix N of
chapter for a facility licensed under approval under parts 50 or 52 of this this part; or
(vii) The date of issuance of a (ii) Shift supervisor. who apply on or after January 10, 1997,
combined license under subpart C of (iii) Shift technical advisor. applicants for and holders of combined
part 52 of this chapter, provided that if (iv) Instrument and control licenses or manufacturing licenses under part
52 of this chapter who do not reference a
the combined license references an early technician.
standard design approval or certification, or
site permit, the provisions in § 52.39 of (v) Electrical maintenance personnel. holders of operating licenses using an
this chapter apply with respect to the (vi) Mechanical maintenance alternative source term under § 50.67, shall
site characteristics, design parameters, personnel. meet the requirements of this criterion,
and terms and conditions specified in (vii) Radiological protection except that with regard to control room
the early site permit. If the combined technician. access and occupancy, adequate radiation
license references a standard design (viii) Chemistry technician. protection shall be provided to ensure that
certification rule under subpart B of 10 (ix) Engineering support personnel. radiation exposures shall not exceed 0.05 Sv
CFR part 52, the provisions in § 52.63 of (5 rem) total effective dose equivalent (TEDE)
(3) The training program must
as defined in § 50.2 for the duration of the
this chapter apply with respect to the incorporate the instructional accident.
design matters resolved in the standard requirements necessary to provide
design certification rule, provided qualified personnel to operate and * * * * *
however, that if any specific backfitting maintain the facility in a safe manner in ■ 112. In Appendix B to Part 50, the
limitations are included in a referenced all modes of operation. The training Introduction and Section I are revised to
design certification rule, those program must be developed to be in read as follows:
limitations shall govern. If the combined compliance with the facility license, Appendix B to Part 50—Quality
license references a standard design including all technical specifications Assurance Criteria for Nuclear Power
approval under subpart E of 10 CFR part and applicable regulations. The training Plants and Fuel Reprocessing Plants
52, the provisions in § 52.145 of this program must be periodically evaluated
chapter apply with respect to the design Introduction. Every applicant for a
and revised as appropriate to reflect construction permit is required by the
matters resolved in the standard design industry experience as well as changes provisions of § 50.34 to include in its
approval. If the combined license uses to the facility, procedures, regulations, preliminary safety analysis report a
a reactor manufactured under a and quality assurance requirements. The description of the quality assurance program
manufacturing license under subpart F training program must be periodically to be applied to the design, fabrication,
of 10 CFR part 52, the provisions of reviewed by licensee management for construction, and testing of the structures,
§ 52.171 of this chapter apply with effectiveness. Sufficient records must be systems, and components of the facility.
respect to matters resolved in the maintained by the licensee to maintain Every applicant for an operating license is
manufacturing license proceeding. required to include, in its final safety
program integrity and kept available for
analysis report, information pertaining to the
* * * * * NRC inspection to verify the adequacy managerial and administrative controls to be
■ 110. Section 50.120 is revised to read of the program. used to assure safe operation. Every applicant
as follows: for a combined license under part 52 of this
■ 111. In Appendix A to Part 50, the chapter is required by the provisions of
§ 50.120 Training and qualification of first paragraph under the introduction § 52.79 of this chapter to include in its final
nuclear power plant personnel. and the second paragraph under safety analysis report a description of the
(a) Applicability. The requirements of Criterion 19 are revised to read as quality assurance applied to the design, and
this section apply to each applicant for follows: to be applied to the fabrication, construction,
and each holder of an operating license and testing of the structures, systems, and
Appendix A to Part 50—General Design components of the facility and to the
issued under this part and each holder
of a combined license issued under part Criteria for Nuclear Power Plants managerial and administrative controls to be
* * * * * used to assure safe operation. For
52 of this chapter for a nuclear power
applications submitted after September 27,
plant of the type specified in § 50.21(b) Introduction 2007, every applicant for an early site permit
or § 50.22. under part 52 of this chapter is required by
(b) Requirements. (1)(i) Each nuclear Under the provisions of § 50.34, an
application for a construction permit must the provisions of § 52.17 of this chapter to
power plant operating license applicant, include in its site safety analysis report a
include the principal design criteria for a
by 18 months prior to fuel load, and proposed facility. Under the provisions of 10 description of the quality assurance program
each holder of an operating license shall CFR 52.47, 52.79, 52.137, and 52.157, an applied to site activities related to the design,
establish, implement, and maintain a application for a design certification, fabrication, construction, and testing of the
training program that meets the combined license, design approval, or structures, systems, and components of a
requirements of paragraphs (b)(2) and manufacturing license, respectively, must facility or facilities that may be constructed
include the principal design criteria for a on the site. Every applicant for a design
(b)(3) of this section.
proposed facility. The principal design approval or design certification under part 52
(ii) Each holder of a combined license of this chapter is required by the provisions
shall establish, implement, and criteria establish the necessary design,
fabrication, construction, testing, and of 10 CFR 52.137 and 52.47, respectively, to
maintain the training program that include in its final safety analysis report a
performance requirements for structures,
meets the requirements of paragraphs systems, and components important to safety; description of the quality assurance program
(b)(2) and (b)(3) of this section, as that is, structures, systems, and components applied to the design of the structures,
described in the final safety analysis that provide reasonable assurance that the systems, and components of the facility.
report no later than 18 months before facility can be operated without undue risk Every applicant for a manufacturing license
the scheduled date for initial loading of to the health and safety of the public. under part 52 of this chapter is required by
fuel. the provisions of 10 CFR 52.157 to include
* * * * * in its final safety analysis report a description
(2) The training program must be Criterion 19—Control Room. of the quality assurance program applied to
derived from a systems approach to * * * * * the design, and to be applied to the
training as defined in 10 CFR 55.4, and Applicants for and holders of construction manufacture of, the structures, systems, and
must provide for the training and permits and operating licenses under this components of the reactor. Nuclear power
qualification of the following categories part who apply on or after January 10, 1997, plants and fuel reprocessing plants include
of nuclear power plant personnel: applicants for design approvals or structures, systems, and components that
(i) Non-licensed operator. certifications under part 52 of this chapter prevent or mitigate the consequences of
postulated accidents that could cause undue and schedule when opposed to safety time of issuance. This requirement does not
risk to the health and safety of the public. considerations, are provided. Because of the apply to licensees or holders of construction
This appendix establishes quality assurance many variables involved, such as the number permits for medical and research reactors.
requirements for the design, manufacture, of personnel, the type of activity being * * * * *
construction, and operation of those performed, and the location or locations
structures, systems, and components. The where activities are performed, the ■ 114. In Appendix E to Part 50,
pertinent requirements of this appendix organizational structure for executing the Sections I, III, IV.F.2.a, IV.F.2.c, and V
apply to all activities affecting the safety- quality assurance program may take various are revised, and footnotes 6, 7, 8, 9, 10,
related functions of those structures, systems, forms, provided that the persons and and 11 are redesignated as 7, 8, 9, 10,
and components; these activities include organizations assigned the quality assurance 11, and 12, respectively, and a new
designing, purchasing, fabricating, handling, functions have the required authority and footnote 6 is added to read as follows:
shipping, storing, cleaning, erecting, organizational freedom. Irrespective of the
installing, inspecting, testing, operating, organizational structure, the individual(s) Appendix E to Part 50—Emergency
maintaining, repairing, refueling, and assigned the responsibility for assuring Planning and Preparedness for
modifying. effective execution of any portion of the Production and Utilization Facilities
As used in this appendix, ‘‘quality quality assurance program at any location
assurance’’ comprises all those planned and where activities subject to this appendix are * * * * *
systematic actions necessary to provide being performed, shall have direct access to
the levels of management necessary to I. Introduction
adequate confidence that a structure, system,
perform this function. Each applicant for a construction permit is
or component will perform satisfactorily in
* * * * * required by § 50.34(a) to include in the
service. Quality assurance includes quality
preliminary safety analysis report a
control, which comprises those quality
assurance actions related to the physical ■ 113. In Appendix C to Part 50, the discussion of preliminary plans for coping
heading, the first paragraph of General with emergencies. Each applicant for an
characteristics of a material, structure,
Information, and the headings of operating license is required by § 50.34(b) to
component, or system which provide a
Sections I.A and II.A, and Section III are include in the final safety analysis report
means to control the quality of the material,
plans for coping with emergencies. Each
structure, component, or system to revised to read as follows: applicant for a combined license under
predetermined requirements.
Appendix C to Part 50—A Guide for the subpart C of part 52 of this chapter is
I. Organization Financial Data and Related Information required by § 52.79 of this chapter to include
The applicant 1 shall be responsible for the Required To Establish Financial in the application plans for coping with
establishment and execution of the quality emergencies. Each applicant for an early site
Qualifications for Construction Permits permit under subpart A of part 52 of this
assurance program. The applicant may and Combined Licenses
delegate to others, such as contractors, chapter may submit plans for coping with
agents, or consultants, the work of General Information emergencies under § 52.17 of this chapter.
establishing and executing the quality This appendix establishes minimum
This appendix is intended to appraise
assurance program, or any part thereof, but requirements for emergency plans for use in
applicants for construction permits and
shall retain responsibility for the quality attaining an acceptable state of emergency
combined licenses for production or
assurance program. The authority and duties preparedness. These plans shall be described
utilization facilities of the types described in
of persons and organizations performing § 50.21(b) or § 50.22, or testing facilities, of generally in the preliminary safety analysis
activities affecting the safety-related the general kinds of financial data and other report for a construction permit and
functions of structures, systems, and related information that will demonstrate the submitted as part of the final safety analysis
components shall be clearly established and financial qualification of the applicant to report for an operating license. These plans,
delineated in writing. These activities carry out the activities for which the permit or major features thereof, may be submitted
include both the performing functions of or license is sought. The kind and depth of as part of the site safety analysis report for
attaining quality objectives and the quality information described in this guide is not an early site permit.
assurance functions. The quality assurance intended to be a rigid and absolute * * * * *
functions are those of (1) assuring that an requirement. In some instances, additional
III. The Final Safety Analysis Report; Site
appropriate quality assurance program is pertinent material may be needed. In any
Safety Analysis Report
established and effectively executed; and (2) case, the applicant should include
verifying, such as by checking, auditing, and information other than that specified, if the The final safety analysis report or the site
inspecting, that activities affecting the safety- information is pertinent to establishing the safety analysis report for an early site permit
related functions have been correctly applicant’s financial ability to carry out the that includes complete and integrated
performed. The persons and organizations activities for which the permit or license is emergency plans under § 52.17(b)(2)(ii) of
performing quality assurance functions shall sought. this chapter shall contain the plans for
have sufficient authority and organizational * * * * * coping with emergencies. The plans shall be
freedom to identify quality problems; to an expression of the overall concept of
initiate, recommend, or provide solutions; I. * * * operation; they shall describe the essential
and to verify implementation of solutions. elements of advance planning that have been
A. Applications for Construction Permits or
There persons and organizations performing considered and the provisions that have been
Combined Licenses
quality assurance functions shall report to a made to cope with emergency situations. The
management level so that the required * * * * * plans shall incorporate information about the
authority and organizational freedom, II. * * * emergency response roles of supporting
including sufficient independence from cost organizations and offsite agencies. That
A. Applications for Construction Permits or information shall be sufficient to provide
1 While the term ‘‘applicant’’ is used in these Combined Licenses assurance of coordination among the
criteria, the requirements are, of course, applicable * * * * * supporting groups and with the licensee. The
after such a person has received a license to site safety analysis report for an early site
construct and operate a nuclear power plant or a III. Annual Financial Statement permit which proposes major features must
fuel reprocessing plant or has received an early site Each holder of a construction permit for a address the relevant provisions of 10 CFR
permit, design approval, design certification, or 50.47 and 10 CFR part 50, appendix E, within
production or utilization facility of a type

manufacturing license, as applicable. These criteria
will also be used for guidance in evaluating the
described in § 50.21(b) or § 50.22 or a testing the scope of emergency preparedness matters
adequacy of quality assurance programs in use by facility, and each holder of a combined addressed in the major features.
holders of construction permits, operating licenses, license issued under part 52 of this chapter, The plans submitted must include a
early site permits, design approvals, combined is required by § 50.71(b) to file its annual description of the elements set out in Section
licenses, and manufacturing licenses. financial report with the Commission at the IV for the emergency planning zones (EPZs)
to an extent sufficient to demonstrate that the subsequent reactor constructed on the site. ■ 115. In Appendix I to Part 50, the first
plans provide reasonable assurance that This exercise may be incorporated in the paragraphs of Sections I, II, IV, and V
adequate protective measures can and will be exercise requirements of Sections IV.F.2.b. are revised to read as follows:
taken in the event of an emergency. and c. in this appendix. If DHS identifies one
or more deficiencies in the state of offsite Appendix I to Part 50—Numerical
IV. Content of Emergency Plans emergency preparedness as the result of this Guides for Design Objectives and
* * * * * exercise for the new reactor, or if the Limiting Conditions for Operation To
F. * * * Commission finds that the state of emergency
2. * * * preparedness does not provide reasonable
Meet the Criterion ‘‘as Low as Is
a. A full participation 4 exercise which assurance that adequate protective measures Reasonably Achievable’’ for
tests as much of the licensee, State, and local can and will be taken in the event of a Radioactive Material in Light-Water-
emergency plans as is reasonably achievable radiological emergency, the provisions of Cooled Nuclear Power Reactor
without mandatory public participation shall § 50.54(gg) apply. Effluents
be conducted for each site at which a power * * * * *
reactor is located. SECTION I. Introduction. Section 50.34a
c. Offsite plans for each site shall be provides that an application for a
(i) For an operating license issued under exercised biennially with full participation
this part, this exercise must be conducted construction permit shall include a
by each offsite authority having a role under description of the preliminary design of
within two years before the issuance of the the radiological response plan. Where the
first operating license for full power (one equipment to be installed to maintain control
offsite authority has a role under a
authorizing operation above 5 percent of over radioactive materials in gaseous and
radiological response plan for more than one
rated power) of the first reactor and shall liquid effluents produced during normal
site, it shall fully participate in one exercise
include participation by each State and local every two years and shall, at least, partially conditions, including expected occurrences.
government within the plume exposure participate in other offsite plan exercises in In the case of an application filed on or after
pathway EPZ and each state within the this period. If two different licensees whose January 2, 1971, the application must also
ingestion exposure pathway EPZ. If the full licensed facilities are located either on the identify the design objectives, and the means
participation exercise is conducted more same site or on adjacent, contiguous sites, to be employed, for keeping levels of
than 1 year prior to issuance of an operating and that share most of the elements defining radioactive material in effluents to
licensee for full power, an exercise which co-located licensees,6 each licensee shall: unrestricted areas as low as practicable.
tests the licensee’s onsite emergency plans (1) Conduct an exercise biennially of its Sections 52.47, 52.79, 52.137, and 52.157 of
must be conducted within one year before onsite emergency plan; and this chapter provide that applications for
issuance of an operating license for full (2) Participate quadrennially in an offsite design certification, combined license, design
power. This exercise need not have State or biennial full or partial participation exercise; approval, or manufacturing license,
local government participation. and respectively, shall include a description of
(ii) For a combined license issued under (3) Conduct emergency preparedness the equipment and procedures for the control
part 52 of this chapter, this exercise must be activities and interactions in the years of gaseous and liquid effluents and for the
conducted within two years of the scheduled between its participation in the offsite full or maintenance and use of equipment installed
date for initial loading of fuel. If the first full partial participation exercise with offsite in radioactive waste systems.
participation exercise is conducted more authorities, to test and maintain interface * * * * *
than one year before the scheduled date for among the affected State and local authorities
SECTION II. Guides on design objectives
initial loading of fuel, an exercise which tests and the licensee. Co-located licensees shall
for light-water-cooled nuclear power reactors
the licensee’s onsite emergency plans must also participate in emergency preparedness
activities and interaction with offsite licensed under 10 CFR part 50 or part 52 of
be conducted within one year before the
authorities for the period between exercises. this chapter. The guides on design objectives
scheduled date for initial loading of fuel.
set forth in this section may be used by an
This exercise need not have State or local * * * * *
government participation. If DHS identifies applicant for a construction permit as
one or more deficiencies in the state of offsite V. Implementing Procedures guidance in meeting the requirements of
emergency preparedness as the result of the § 50.34a(a), or by an applicant for a combined
No less than 180 days before the scheduled
first full participation exercise, or if the license under part 52 of this chapter as
issuance of an operating license for a nuclear
Commission finds that the state of emergency guidance in meeting the requirements of
power reactor or a license to possess nuclear
preparedness does not provide reasonable material, or the scheduled date for initial § 50.34a(d), or by an applicant for a design
assurance that adequate protective measures loading of fuel for a combined license under approval, a design certification, or a
can and will be taken in the event of a part 52 of this chapter, the applicant’s or manufacturing license as guidance in
radiological emergency, the provisions of licensee’s detailed implementing procedures meeting the requirements of § 50.34a(e). The
§ 50.54(gg) apply. for its emergency plan shall be submitted to applicant shall provide reasonable assurance
(iii) For a combined licensee issued under the Commission as specified in § 50.4. that the following design objectives will be
part 52 of this chapter, if the applicant Licensees who are authorized to operate a met.
currently has an operating reactor at the site, nuclear power facility shall submit any * * * * *
an exercise, either full or partial changes to the emergency plan or procedures SECTION IV. Guides on technical
participation,5 shall be conducted for each to the Commission, as specified in § 50.4, specifications for limiting conditions for
within 30 days of such changes. operation for light-water-cooled nuclear
4 Full participation when used in conjunction * * * * * power reactors licensed under 10 CFR part 50
with emergency preparedness exercises for a or part 52 of this chapter. The guides on
particular site means appropriate offsite local and limiting conditions for operation for light-
protective action decision making related to
State authorities and licensee personnel physically water-cooled nuclear power reactors set forth
emergency action levels, and (b) communication
and actively take part in testing their integrated capabilities among affected State and local below may be used by an applicant for an
capability to adequately assess and respond to an
accident at a commercial nuclear power plant. Full
authorities and the licensee. operating license under this part or a design
6 Co-located licensees are two different licensees
participation includes testing major observable certification or combined license under part
whose licensed facilities are located either on the 52 of this chapter, or a licensee who has
portions of the onsite and offsite emergency plans
same site or on adjacent, contiguous sites, and that submitted a certification of permanent
and mobilization of State, local and licensee
share most of the following emergency planning
personnel and other resources in sufficient numbers
and siting elements:
cessation of operations under § 50.82(a)(1) or
to verify the capability to respond to the accident § 52.110 of this chapter as guidance in
scenario. a. Plume exposure and ingestion emergency

planning zones; developing technical specifications under
5 Partial participation when used in conjunction
b. Offsite governmental authorities; § 50.36a(a) to keep levels of radioactive
with emergency preparedness exercises for a materials in effluents to unrestricted areas as
particular site means appropriate offsite authorities c. Offsite emergency response organizations;
shall actively take part in the exercise sufficient to d. Public notification system; and/or low as is reasonably achievable.
test direction and control functions; i.e., (a) e. Emergency facilities. * * * * *
SECTION V. Effective dates. A. The guides I. Introduction Section I(a), and Section III are revised
for limiting conditions for operation set forth One of the conditions required of all to read as follows:
in this appendix shall be applicable in any operating licenses and combined licenses for
case in which an application was filed on or light–water–cooled power reactors as Appendix S to Part 50—Earthquake
after January 2, 1971, for a construction specified in § 50.54(o) is that primary reactor Engineering Criteria for Nuclear Power
permit for a light-water-cooled nuclear power containments meet the leakage-rate test Plants
reactor under this part, or a design requirements in either Option A or B of this
certification, a combined license, or a General Information
appendix. These test requirements ensure
manufacturing license for a light-water- that (a) leakage through these containments This appendix applies to applicants for a
cooled nuclear power reactor under part 52 or systems and components penetrating these construction permit or operating license
of this chapter. containments does not exceed allowable under part 50, or a design certification,
leakage rates specified in the technical combined license, design approval, or
* * * * *
specifications; and (b) integrity of the manufacturing license under part 52 of this
■ 116. In Appendix J to Part 50 in containment structure is maintained during chapter, on or after January 10, 1997.
Option A, Section I, and paragraph II.K its service life. Option B of this appendix However, for either an operating license
are revised and in Option B, Section I, identifies the performance-based applicant or holder whose construction
requirements and criteria for preoperational permit was issued before January 10, 1997,
and paragraphs V.B.2 and 3 are revised the earthquake engineering criteria in Section
and subsequent periodic leakage-rate
to read as follows: testing.3 VI of appendix A to 10 CFR part 100
Appendix J to Part 50—Primary continue to apply. Paragraphs IV.a.1.i,
* * * * * IV.a.1.ii, IV.4.b, and IV.4.c of this appendix
Reactor Containment Leakage Testing apply to applicants for an early site permit
V. * * *
for Water-Cooled Reactors under part 52.
B. * * *
* * * * * 2. A licensee or applicant for an operating I. Introduction
Option A—Prescriptive Requirements license under this part or a combined license (a) Each applicant for a construction
under part 52 of this chapter may adopt permit, operating license, design
* * * * * Option B, or parts thereof, as specified in certification, combined license, design
I. Introduction Section V.A of this appendix, by submitting approval, or manufacturing license is
its implementation plan and request for required by §§ 50.34(a)(12), 50.34(b)(10), or
One of the conditions of all operating revision to technical specifications (see
licenses under this part and combined 10 CFR 52.47, 52.79, 52.137, or 52.157, and
paragraph B.3 of this section) to the Director General Design Criterion 2 of appendix A to
licenses under part 52 of this chapter for of the Office of Nuclear Reactor Regulation or
water-cooled power reactors as specified in this part, to design nuclear power plant
the Director of the Office of New Reactors, as structures, systems, and components
§ 50.54(o) is that primary reactor appropriate.
containments shall meet the containment important to safety to withstand the effects of
3. The regulatory guide or other natural phenomena, such as earthquakes,
leakage test requirements set forth in this implementation document used by a licensee
appendix. These test requirements provide without loss of capability to perform their
or applicant for an operating license under safety functions. Also, as specified in
for preoperational and periodic verification this part or a combined license under part 52 § 50.54(ff), nuclear power plants that have
by tests of the leak-tight integrity of the of this chapter to develop a performance- implemented the earthquake engineering
primary reactor containment, and systems based leakage-testing program must be criteria described herein must shut down if
and components which penetrate included, by general reference, in the plant the criteria in paragraph IV(a)(3) of this
containment of water-cooled power reactors, technical specifications. The submittal for appendix are exceeded.
and establish the acceptance criteria for these technical specification revisions must
tests. The purposes of the tests are to assure contain justification, including supporting * * * * *
that (a) leakage through the primary reactor analyses, if the licensee chooses to deviate III. Definitions
containment and systems and components from methods approved by the Commission
penetrating primary containment shall not and endorsed in a regulatory guide. As used in these criteria:
Combined license means a combined
exceed allowable leakage rate values as * * * * * construction permit and operating license
specified in the technical specifications or
Appendix M to Part 50 [Removed] with conditions for a nuclear power facility
associated bases; and (b) periodic
issued under subpart C of part 52 of this
surveillance of reactor containment
penetrations and isolation valves is
■ 117. Appendix M to Part 50 is chapter.
removed and reserved. Design Approval means an NRC staff
performed so that proper maintenance and approval, issued under subpart E of part 52
repairs are made during the service life of the ■ 118. The heading for appendix N to
of this chapter, of a final standard design for
containment, and systems and components part 50 is revised to read as follows: a nuclear power reactor of the type described
penetrating primary containment. These test in 10 CFR 50.22.
requirements may also be used for guidance Appendix N to Part 50—
Standardization of Nuclear Power Plant Design Certification means a Commission
in establishing appropriate containment approval, issued under subpart B of part 52
leakage test requirements in technical Designs: Permits To Construct and of this chapter, of a standard design for a
specifications or associated bases for other Licenses To Operate Nuclear Power nuclear power facility.
types of nuclear power reactors. Reactors of Identical Design at Multiple Manufacturing license means a license,
II. * * * Sites issued under subpart F of part 52 of this
Appendix O to Part 50 [Removed] chapter, authorizing the manufacture of
K. La (percent/24 hours) means the nuclear power reactors but not their
maximum allowable leakage rate at pressure installation into facilities located at the sites
■ 119. Appendix O to Part 50 is
Pa as specified for preoperational tests in the on which the facilities are to be operated.
technical specifications or associated bases,
removed and reserved.
Operating basis earthquake ground motion
and as specified for periodic tests in the ■ 120. In Appendix S to Part 50, the first
(OBE) is the vibratory ground motion for
operating license or combined license, paragraph titled ‘‘General Information,’’ which those features of the nuclear power
including the technical specifications in any plant necessary for continued operation
referenced design certification or 3 Specific guidance concerning a performance-
without undue risk to the health and safety

manufactured reactor used at the facility. based leakage-test program, acceptable leakage-rate of the public will remain functional. The
test methods, procedures, and analyses that may be
* * * * * used to implement these requirements and criteria operating basis earthquake ground motion is
are provided in Regulatory Guide 1.163, only associated with plant shutdown and
Option B—Performance-Based Requirements inspection unless specifically selected by the
‘‘Performance-Based Containment Leak-Test
* * * * * Program.’’ applicant as a design input.
Response spectrum is a plot of the appear in §§ 51.6, 51.16, 51.41, 51.45, (ii) There is no significant change in
maximum responses (acceleration, velocity, 51.50, 51.51, 51.52, 51.53, 51.54, 51.55, the types or significant increase in the
or displacement) of idealized single-degree- 51.58, 51.60, 51.61, 51.62, 51.66, 51.68, amounts of any effluents that may be
of-freedom oscillators as a function of the
natural frequencies of the oscillators for a
and 51.69. released offsite; and
given damping value. The response spectrum ■ 123. In § 51.20, paragraphs (b)(1) and (iii) There is no significant increase in
is calculated for a specified vibratory motion (b)(2) are revised, and paragraph (b)(6) individual or cumulative occupational
input at the oscillators’ supports. is removed and reserved. radiation exposure.
Safe-shutdown earthquake ground motion The revisions read as follows: (10) Issuance of an amendment to a
(SSE) is the vibratory ground motion for permit or license under parts 30, 31, 32,
which certain structures, systems, and § 51.20 Criteria for and identification of 33, 34, 35, 36, 39, 40, 50, 52, 60, 61, 63,
components must be designed to remain licensing and regulatory actions requiring 70, or part 72 of this chapter which—
functional. environmental impact statements.
Structures, systems, and components * * * * *
required to withstand the effects of the safe- * * * * * (12) Issuance of an amendment to a
shutdown earthquake ground motion or (b)* * * license under parts 50, 52, 60, 61, 63,
surface deformation are those necessary to (1) Issuance of a limited work 70, 72, or 75 of this chapter relating
assure: authorization or a permit to construct a solely to safeguards matters (i.e.,
(1) The integrity of the reactor coolant nuclear power reactor, testing facility, or protection against sabotage or loss or
pressure boundary; fuel reprocessing plant under part 50 of
(2) The capability to shut down the reactor
diversion of special nuclear material) or
this chapter, or issuance of an early site issuance of an approval of a safeguards
and maintain it in a safe-shutdown
condition; or permit under part 52 of this chapter. plan submitted under parts 50, 52, 70,
(3) The capability to prevent or mitigate the (2) Issuance or renewal of a full power 72, and 73 of this chapter, provided that
consequences of accidents that could result or design capacity license to operate a the amendment or approval does not
in potential offsite exposures comparable to nuclear power reactor, testing facility, or involve any significant construction
the guideline exposures of § 50.34(a)(1). fuel reprocessing plant under part 50 of impacts. These amendments and
Surface deformation is distortion of this chapter, or a combined license approvals are confined to—
geologic strata at or near the ground surface under part 52 of this chapter.
by the processes of folding or faulting as a * * * * *
result of various earth forces. Tectonic * * * * * (17) Issuance of an amendment to a
surface deformation is associated with (6) [Reserved] permit or license under parts 30, 40, 50,
earthquake processes. * * * * * 52, or part 70 of this chapter which
* * * * * ■ 124. In § 51.22, the introductory text deletes any limiting condition of
of paragraph (c)(3), paragraphs (c)(3)(i) operation or monitoring requirement
PART 51—ENVIRONMENTAL based on or applicable to any matter
and (c)(9), the introductory text of
PROTECTION REGULATIONS FOR subject to the provisions of the Federal
paragraphs (c)(10) and (c)(12), and
DOMESTIC LICENSING AND RELATED Water Pollution Control Act.
paragraph (c)(17) are revised, and
REGULATORY FUNCTIONS * * * * *
paragraphs (c)(22) and (c)(23) are added
■ 121. The authority citation for part 51 to read as follows: (22) Issuance of a standard design
continues to read as follows: approval under part 52 of this chapter.
§ 51.22 Criterion for categorical exclusion; (23) The Commission finding for a
Authority: Sec. 161, 68 Stat. 948, as identification of licensing and regulatory combined license under § 52.103(g) of
amended, sec. 1701, 106 Stat. 2951, 2952, actions eligible for categorical exclusion or
2953 (42 U.S.C. 2201, 2297f); secs. 201, as this chapter.
otherwise not requiring environmental
amended, 202, 88 Stat. 1242, as amended, review. * * * * *
1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 ■ 125. In § 51.23 paragraphs (b) and (c)
Stat. 2750 (44 U.S.C. 3504 note). Subpart A
* * * * *
(c) * * * are revised to read as follows:
also issued under National Environmental
Policy Act of 1969, secs. 102, 104, 105, 83 (3) Amendments to parts 20, 30, 31, § 51.23 Temporary storage of spent fuel
Stat. 853–854, as amended (42 U.S.C. 4332, 32, 33, 34, 35, 39, 40, 50, 51, 52, 54, 60, after cessation of reactor operation—
4334, 4335); and Pub. L. 95–604, Title II, 92 61, 63, 70, 71, 72, 73, 74, 81, and 100 generic determination of no significant
Stat. 3033–3041; and sec. 193, Pub. L. 101– of this chapter which relate to— environmental impact.
575, 104 Stat. 2835 (42 U.S.C. 2243). Sections (i) Procedures for filing and reviewing
51.20, 51.30, 51.60, 51.80, and 51.97 also * * * * *
issued under secs. 135, 141, Pub. L. 97–425,
applications for licenses or construction (b) Accordingly, as provided in
96 Stat. 2232, 2241, and sec. 148, Pub. L. permits or early site permits or other §§ 51.30(b), 51.53, 51.61, 51.80(b),
100–203, 101 Stat. 1330–223 (42 U.S.C. forms of permission or for amendments 51.95, and 51.97(a), and within the
10155, 10161, 10168). Section 51.22 also to or renewals of licenses or scope of the generic determination in
issued under sec. 274, 73 Stat. 688, as construction permits or early site paragraph (a) of this section, no
amended by 92 Stat. 3036–3038 (42 U.S.C. permits or other forms of permission; discussion of any environmental impact
2021) and under Nuclear Waste Policy Act of
1982, sec. 121, 96 Stat. 2228 (42 U.S.C.
* * * * * of spent fuel storage in reactor facility
10141). Sections 51.43, 51.67, and 51.109 (9) Issuance of an amendment to a storage pools or independent spent fuel
also issued under Nuclear Waste Policy Act permit or license for a reactor under part storage installations (ISFSI) for the
of 1982, sec. 114(f), 96 Stat. 2216, as 50 or part 52 of this chapter, which period following the term of the reactor
amended (42 U.S.C. 10134(f)). changes a requirement with respect to operating license or amendment, reactor
■ 122. In § 51.17, paragraph (b) is installation or use of a facility combined license or amendment, or
revised to read as follows: component located within the restricted initial ISFSI license or amendment for
area, as defined in part 20 of this which application is made, is required
§ 51.17 Information collection chapter, or which changes an inspection in any environmental report,
requirements; OMB approval. or a surveillance requirement, provided environmental impact statement,
* * * * * that— environmental assessment, or other
(b) The approved information (i) The amendment involves no analysis prepared in connection with
collection requirements in this part significant hazards consideration; the issuance or amendment of an
operating license for a nuclear power power plant as described in the subpart B of part 52 of this chapter must
reactor under parts 50 and 54 of this combined license application at the site identify the proposed action, and will
chapter, or issuance or amendment of a described in the early site permit be limited to the consideration of the
combined license for a nuclear power referenced in the combined license costs and benefits of severe accident
reactor under parts 52 and 54 of this application; mitigation design alternatives and the
chapter, or the issuance of an initial (3) Identify the environmental report bases for not incorporating severe
license for storage of spent fuel at an prepared by the applicant and accident mitigation design alternatives
ISFSI, or any amendment thereto. information on where copies are in the design certification. An
(c) This section does not alter any available for public inspection; environmental assessment for an
requirements to consider the (4) Describe the matters to be amendment to a design certification will
environmental impacts of spent fuel addressed in the supplement to the final be limited to the consideration of
storage during the term of a reactor environmental impact statement; whether the design change which is the
operating license or combined license, (5) Describe any proposed scoping subject of the proposed amendment
or a license for an ISFSI in a licensing process that the NRC staff may conduct, renders a severe accident mitigation
proceeding. including the role of participants, design alternative previously rejected in
whether written comments will be the earlier environmental assessment to
■ 126. In § 51.26, a new paragraph (d) is become cost beneficial, or results in the
added to read as follows: accepted, the last date for submitting
comments and where comments should identification of new severe accident
§ 51.26 Requirement to publish notice of be sent, whether a public scoping mitigation design alternatives, in which
intent and conduct scoping process. meeting will be held, the time and place case the costs and benefits of new severe
* * * * * of any scoping meeting or when the accident mitigation design alternatives
(d) Whenever the appropriate NRC time and place of the meeting will be and the bases for not incorporating new
staff director determines that a announced; and severe accident mitigation design
supplement to an environmental impact (6) State the name, address, and alternatives in the design certification
statement will be prepared by the NRC, telephone number of an individual in must be addressed.
a notice of intent will be prepared as NRC who can provide information about (e) An environmental assessment for a
provided in § 51.27, and will be the proposed action, the scoping manufacturing license under subpart F
published in the Federal Register as process, and the supplement to the of part 52 of this chapter must identify
provided in § 51.116. The NRC staff environmental impact statement. the proposed action, and will be limited
need not conduct a scoping process (see to the consideration of the costs and
■ 128. In § 51.29, the section heading
§§ 51.27, 51.28, and 51.29), provided, benefits of severe accident mitigation
and paragraph (a)(1) are revised to read design alternatives and the bases for not
however, that if scoping is conducted, as follows:
then the scoping must be directed at incorporating severe accident mitigation
matters to be addressed in the § 51.29 Scoping-environmental impact design alternatives in the manufacturing
supplement. If scoping is conducted in statement and supplement to environmental license. An environmental assessment
a proceeding for a combined license impact statement. for an amendment to a manufacturing
referencing an early site permit under (a) * * * license will be limited to consideration
(1) Define the proposed action which of whether the design change which is
part 52, then the scoping must be
is to be the subject of the statement or the subject of the proposed amendment
directed at matters to be addressed in
supplement. For environmental impact either renders a severe accident
the supplement as described in
statements other than a supplement to mitigation design alternative previously
§ 51.92(e).
an early site permit final environmental rejected in an environmental assessment
■ 127. In § 51.27, the introductory text impact statement prepared for a to become cost beneficial, or results in
of paragraph (a) is revised, and a new combined license application, the the identification of new severe accident
paragraph (b) is added to read as provisions of 40 CFR 1502.4 will be mitigation design alternatives, in which
follows: used for this purpose. For a supplement case the costs and benefits of new severe
to an early site permit final accident mitigation design alternatives
§ 51.27 Notice of intent. and the bases for not incorporating new
environmental impact statement
(a) The notice of intent required by severe accident mitigation design
prepared for a combined license
§ 51.26(a) shall: alternatives in the manufacturing
application, the proposed action shall
* * * * * be as set forth in the relevant provisions license must be addressed. In either
(b) The notice of intent required by of § 51.92(e). case, the environmental assessment will
§ 51.26(d) shall: not address the environmental impacts
(1) State that a supplement to a final * * * * *
associated with manufacturing the
environmental impact statement will be ■ 129. In § 51.30, the introductory text reactor under the manufacturing license.
prepared in accordance with § 51.72 or of paragraph (a) is revised, and ■ 130. Section 51.31 is revised to read
§ 51.92. For a combined license paragraphs (d) and (e) are added to read as follows:
application that references an early site as follows:
permit, the supplement to the early site § 51.31 Determinations based on
§ 51.30 Environmental assessment. environmental assessment.
permit environmental impact statement
will be prepared in accordance with (a) An environmental assessment for (a) General. Upon completion of an
§ 51.92(e); proposed actions, other than those for a environmental assessment for proposed
(2) Describe the proposed action and, standard design certification under 10 actions other than those involving a
to the extent required, possible CFR part 52 or a manufacturing license standard design certification or a
alternatives. For the case of a combined under part 52, shall identify the manufacturing license under part 52 of
license referencing an early site permit, proposed action and include: this chapter, the appropriate NRC staff
identify the proposed action as the * * * * * director will determine whether to
issuance of a combined license for the (d) An environmental assessment for prepare an environmental impact
construction and operation of a nuclear a standard design certification under statement or a finding of no significant
impact on the proposed action. As NRC notice of availability on the draft An applicant or petitioner for
provided in § 51.33, a determination to environmental assessment will include rulemaking may submit a supplement to
prepare a draft finding of no significant a request for comments which specifies an environmental report at any time.
impact may be made. where comments should be submitted * * * * *
(b) Standard design certification. (1) and when the comment period expires. (c) Analysis. The environmental
For actions involving the issuance or The notice will state that copies of the report shall include an analysis that
amendment of a standard design environmental assessment and any considers and balances the
certification, the Commission shall related environmental documents are environmental effects of the proposed
prepare a draft environmental available for public inspection and action, the environmental impacts of
assessment for public comment as part where inspections can be made. A copy alternatives to the proposed action, and
of the proposed rule. The proposed rule of the final environmental assessment alternatives available for reducing or
must state that: will be sent to the U.S. Environmental avoiding adverse environmental effects.
(i) The Commission has determined in Protection Agency, the applicant, any Except for environmental reports
§ 51.32 that there is no significant party to a proceeding, each commenter, prepared at the early site permit stage
environmental impact associated with and any other Federal, State, and local under § 51.50(b), or environmental
the issuance of the standard design agencies, and Indian tribes, State, reports prepared at the license renewal
certification or its amendment, as regional, and metropolitan stage under § 51.53(c), the analysis in
applicable; and clearinghouses expressing an interest in the environmental report should also
(ii) Comments on the environmental the action. Additional copies will be include consideration of the economic,
assessment will be limited to the made available in accordance with technical, and other benefits and costs
consideration of SAMDAs as required § 51.123. of the proposed action and of
by § 51.30(d). (4) When a hearing is held under the alternatives. Environmental reports
(2) The Commission will prepare a regulations in part 2 of this chapter on prepared at the license renewal stage
final environmental assessment the proposed issuance of the under § 51.53(c) need not discuss the
following the close of the public manufacturing license or amendment, economic or technical benefits and costs
comment period for the proposed the NRC staff director will prepare a of either the proposed action or
standard design certification. final environmental assessment which
(c) Manufacturing license. (1) Upon alternatives except insofar as these
may be subject to modification as a benefits and costs are either essential for
completion of the environmental result of review and decision as
assessment for actions involving a determination regarding the inclusion
appropriate to the nature and scope of of an alternative in the range of
issuance or amendment of a the proceeding.
manufacturing license (manufacturing alternatives considered or relevant to
(5) Only a party admitted into the mitigation. In addition, environmental
license environmental assessment), the proceeding with respect to a contention
appropriate NRC staff director will reports prepared under § 51.53(c) need
on the environmental assessment, or an not discuss issues not related to the
determine the costs and benefits of entity participating in the proceeding
severe accident mitigation design environmental effects of the proposed
pursuant to § 2.315(c) of this chapter, action and its alternatives. The analyses
alternatives and the bases for not may take a position and offer evidence
incorporating severe accident mitigation for environmental reports shall, to the
on the matters within the scope of the fullest extent practicable, quantify the
design alternatives in the design of the environmental assessment.
reactor to be manufactured under the various factors considered. To the extent
■ 131. In § 51.32, paragraph (b) is added that there are important qualitative
manufacturing license. The NRC staff to read as follows:
director may determine to prepare a considerations or factors that cannot be
draft environmental assessment. § 51.32 Finding of no significant impact. quantified, those considerations or
(2) The manufacturing license factors shall be discussed in qualitative
* * * * * terms. The environmental report should
environmental assessment must state (b) The Commission finds that there is
that: contain sufficient data to aid the
no significant environmental impact
(i) The Commission has determined in Commission in its development of an
associated with the issuance of:
§ 51.32 that there is no significant (1) A standard design certification independent analysis.
environmental impact associated with under subpart B of part 52 of this * * * * *
the issuance of a manufacturing license chapter; ■ 133. Section 51.50 is revised to read
or an amendment to a manufacturing (2) An amendment to a design as follows:
license, as applicable; certification;
(ii) The environmental assessment (3) A manufacturing license under § 51.50 Environmental report—
will not address the environmental subpart F of part 52 of this chapter; or construction permit, early site permit, or
impacts associated with manufacturing (4) An amendment to a manufacturing combined license stage.
the reactor under the manufacturing license. (a) Construction permit stage. Each
license; and ■ 132. In § 51.45, paragraphs (a) and (c) applicant for a permit to construct a
(iii) Comments on the environmental are revised to read as follows: production or utilization facility
assessment will be limited to the covered by § 51.20 shall submit with its
consideration of severe accident § 51.45 Environmental report. application a separate document,
mitigation design alternatives as (a) General. As required by §§ 51.50, entitled ‘‘Applicant’s Environmental
required by § 51.30(e). 51.53, 51.54, 51.55, 51.60, 51.61, 51.62, Report—Construction Permit Stage,’’
(3) If the NRC staff director makes a or 51.68, as appropriate, each applicant which shall contain the information
determination to prepare and issue a or petitioner for rulemaking shall specified in §§ 51.45, 51.51, and 51.52.
draft environmental assessment for submit with its application or petition Each environmental report shall identify
public review and comment before for rulemaking one signed original of a procedures for reporting and keeping
making a final determination on the separate document entitled records of environmental data, and any
manufacturing license application, the ‘‘Applicant’s’’ or ‘‘Petitioner’s conditions and monitoring requirements
assessment will be marked, ‘‘Draft.’’ The Environmental Report,’’ as appropriate. for protecting the non-aquatic
environment, proposed for possible records of environmental data, and any information to demonstrate that the site
inclusion in the license as conditions and monitoring requirements characteristics for the combined license
environmental conditions in accordance for protecting the non-aquatic site fall within the site parameters in the
with § 50.36b of this chapter. environment, proposed for possible design certification environmental
(b) Early site permit stage. Each inclusion in the license as assessment.
applicant for an early site permit shall environmental conditions in accordance (3) Application referencing a
submit with its application a separate with § 50.36b of this chapter. The manufactured reactor. If the combined
document, entitled ‘‘Applicant’s combined license environmental report license application proposes to use a
Environmental Report—Early Site may reference information contained in manufactured reactor, then the
Permit Stage,’’ which shall contain the a final environmental document combined license environmental report
information specified in §§ 51.45, 51.51, previously prepared by the NRC staff. may incorporate by reference the
and 51.52, as modified in this (1) Application referencing an early environmental assessment previously
paragraph. site permit. If the combined license prepared by the NRC for the underlying
(1) The environmental report must application references an early site manufacturing license. If the
include an evaluation of alternative sites permit, then the ‘‘Applicant’s manufacturing license environmental
to determine whether there is any Environmental Report—Combined assessment is referenced, then the
obviously superior alternative to the site License Stage’’ need not contain combined license environmental report
proposed. information or analyses submitted to the must contain information to
(2) The environmental report may Commission in ‘‘Applicant’s demonstrate that the site characteristics
address one or more of the Environmental Report—Early Site for the combined license site fall within
environmental effects of construction Permit Stage,’’ or resolved in the the site parameters in the manufacturing
and operation of a reactor, or reactors, Commission’s early site permit license environmental assessment. The
which have design characteristics that environmental impact statement, but environmental report need not address
fall within the site characteristics and must contain, in addition to the the environmental impacts associated
design parameters for the early site environmental information and analyses with manufacturing the reactor under
permit application, provided however, otherwise required: the manufacturing license.
that the environmental report must (i) Information to demonstrate that the ■ 134. In § 51.51 paragraph (a) is revised
address all environmental effects of design of the facility falls within the site to read as follows:
construction and operation necessary to characteristics and design parameters
determine whether there is any specified in the early site permit; § 51.51 Uranium fuel cycle environmental
obviously superior alternative to the site (ii) Information to resolve any data—Table S–3.
proposed. The environmental report significant environmental issue that was (a) Under § 51.50, every
need not include an assessment of the not resolved in the early site permit environmental report prepared for the
economic, technical, or other benefits proceeding; construction permit stage or early site
(for example, need for power) and costs (iii) Any new and significant permit stage or combined license stage
of the proposed action or an evaluation information for issues related to the of a light-water-cooled nuclear power
of alternative energy sources. impacts of construction and operation of reactor, and submitted on or after
(3) For other than light-water-cooled the facility that were resolved in the September 4, 1979, shall take Table
nuclear power reactors, the early site permit proceeding; S–3, Table of Uranium Fuel Cycle
environmental report must contain the (iv) A description of the process used Environmental Data, as the basis for
basis for evaluating the contribution of to identify new and significant evaluating the contribution of the
the environmental effects of fuel cycle information regarding the NRC’s environmental effects of uranium
activities for the nuclear power reactor. conclusions in the early site permit mining and milling, the production of
(4) Each environmental report must environmental impact statement. The uranium hexafluoride, isotopic
identify the procedures for reporting process must use a reasonable enrichment, fuel fabrication,
and keeping records of environmental methodology for identifying such new reprocessing of irradiated fuel,
data, and any conditions and and significant information; and transportation of radioactive materials
monitoring requirements for protecting (v) A demonstration that all and management of low-level wastes
the non-aquatic environment, proposed environmental terms and conditions and high-level wastes related to
for possible inclusion in the license as that have been included in the early site uranium fuel cycle activities to the
environmental conditions in accordance permit will be satisfied by the date of environmental costs of licensing the
with § 50.36b of this chapter. issuance of the combined license. Any nuclear power reactor. Table S–3 shall
(c) Combined license stage. Each terms or conditions of the early site be included in the environmental report
applicant for a combined license shall permit that could not be met by the time and may be supplemented by a
submit with its application a separate of issuance of the combined license, discussion of the environmental
document, entitled ‘‘Applicant’s must be set forth as terms or conditions significance of the data set forth in the
Environmental Report—Combined of the combined license. table as weighed in the analysis for the
License Stage.’’ Each environmental (2) Application referencing standard proposed facility.
report shall contain the information design certification. If the combined * * * * *
specified in §§ 51.45, 51.51, and 51.52, license references a standard design
■ 135. In § 51.52, the introductory
as modified in this paragraph. For other certification, then the combined license
paragraph is revised to read as follows:
than light-water-cooled nuclear power environmental report may incorporate
reactors, the environmental report shall by reference the environmental § 51.52 Environmental effects of
contain the basis for evaluating the assessment previously prepared by the transportation of fuel and waste—Table
contribution of the environmental NRC for the referenced design S–4.

effects of fuel cycle activities for the certification. If the design certification Under § 51.50, every environmental
nuclear power reactor. Each environmental assessment is referenced, report prepared for the construction
environmental report shall identify then the combined license permit stage or early site permit stage or
procedures for reporting and keeping environmental report must contain combined license stage of a light-water-
cooled nuclear power reactor, and bases for not incorporating severe or, where practicable, by electronic
submitted after February 4, 1975, shall accident mitigation design alternatives submission, for example, via Electronic
contain a statement concerning into the design of the reactor to be Information Exchange, or CD–ROM.
transportation of fuel and radioactive manufactured. The environmental Electronic submissions must be made in
wastes to and from the reactor. That report need not address the a manner that enables the NRC to
statement shall indicate that the reactor environmental impacts associated with receive, read, authenticate, distribute,
and this transportation either meet all of manufacturing the reactor under the and archive the submission, and process
the conditions in paragraph (a) of this manufacturing license, the benefits and and retrieve it a single page at a time.
section or all of the conditions of impacts of utilizing the reactor in a Detailed guidance on making electronic
paragraph (b) of this section. nuclear power plant, or an evaluation of submissions can be obtained by visiting
* * * * * alternative energy sources.
(b) Each applicant for an amendment the NRC’s Web site at http://
■ 136. In § 51.53, paragraph (a) and the www.nrc.gov/site-help/e-
to a manufacturing license shall submit
introductory text of paragraph (c)(3) are with its application a separate submittals.html, by calling (301) 415–
revised to read as follows: document entitled, ‘‘Applicant’s 0439, by e-mail to EIE@nrc.gov, or by
§ 51.53 Postconstruction environmental Supplemental Environmental Report— writing the Office of Information
reports. Amendment to Manufacturing License.’’ Services, U.S. Nuclear Regulatory
(a) General. Any environmental report The environmental report must address Commission, Washington, DC 20555–
prepared under the provisions of this whether the design change which is the 0001. The guidance discusses, among
section may incorporate by reference subject of the proposed amendment other topics, the formats the NRC can
any information contained in a prior either renders a severe accident accept, the use of electronic signatures,
environmental report or supplement mitigation design alternative previously and the treatment of nonpublic
thereto that relates to the production or rejected in an environmental assessment information. If the communication is on
utilization facility or site, or any to become cost beneficial, or results in paper, the signed original must be sent.
information contained in a final the identification of new severe accident If a submission due date falls on a
environmental document previously mitigation design alternatives that may Saturday, Sunday, or Federal holiday,
prepared by the NRC staff that relates to be reasonably incorporated into the the next Federal working day becomes
the production or utilization facility or design of the manufactured reactor. The the official due date. The applicant shall
site. Documents that may be referenced environmental report need not address maintain the capability to generate
include, but are not limited to, the final the environmental impacts associated
additional copies of the environmental
environmental impact statement; with manufacturing the reactor under
report or any supplement to the
supplements to the final environmental the manufacturing license.
environmental report for subsequent
impact statement, including ■ 138. Section 51.55 is redesignated as
distribution to parties and Boards in the
supplements prepared at the license § 51.58, and is revised to read as
follows: NRC proceedings; Federal, State, and
renewal stage; NRC staff-prepared final local officials; and any affected Indian
generic environmental impact § 51.58 Environmental report-number of tribes, in accordance with written
statements; and environmental copies; distribution. instructions issued by the Director of
assessments and records of decisions (a) Each applicant for a license or the Office of New Reactors, the Director
prepared in connection with the permit to site, construct, manufacture, of the Office of Nuclear Reactor
construction permit, operating license, or operate a production or utilization Regulation, or the Director of the Office
early site permit, combined license and facility covered by §§ 51.20(b)(1), (b)(2), of Nuclear Material Safety and
any license amendment for that facility. (b)(3), or (b)(4), each applicant for Safeguards, as appropriate.
* * * * * renewal of an operating or combined
(c) * * * license for a nuclear power plant, each (b) Each applicant for a license to
(3) For those applicants seeking an applicant for a license amendment manufacture a nuclear power reactor, or
initial renewed license and holding an authorizing the decommissioning of a for an amendment to a license to
operating license, construction permit, production or utilization facility manufacture, seeking approval of the
or combined license as of June 30, 1995, covered by § 51.20, and each applicant final design of the nuclear power reactor
the environmental report shall include for a license or license amendment to under subpart F of part 52 of this
the information required in paragraph store spent fuel at a nuclear power plant chapter, shall submit to the Commission
(c)(2) of this section subject to the after expiration of the operating license an environmental report or any
following conditions and or combined license for the nuclear supplement to an environmental report
considerations: power plant shall submit a copy to the in the manner specified in § 50.3 of this
* * * * * Director of the Office of Nuclear Reactor chapter. The applicant shall maintain
■ 137. Section 51.54 is revised to read Regulation, the Director of the Office of the capability to generate additional
as follows: New Reactors, the Director of the Office copies of the environmental report or
of Nuclear Material Safety and any supplement to the environmental
§ 51.54 Environmental report— Safeguards, as appropriate, of an report for subsequent distribution to
manufacturing license. environmental report or any supplement parties and Boards in the NRC
(a) Each applicant for a manufacturing to an environmental report. These proceeding; Federal, State, and local
license under subpart F of part 52 of this reports must be sent either by mail officials; and any affected Indian tribes,
chapter shall submit with its application addressed: ATTN: Document Control in accordance with written instructions
a separate document entitled, Desk; U.S. Nuclear Regulatory issued by the Director of the Office of
‘‘Applicant’s Environmental Report— Commission, Washington, DC 20555– New Reactors or the Director of the
Manufacturing License.’’ The 0001; by hand delivery to the NRC’s
Office of Nuclear Reactor Regulation.
environmental report must address the offices at 11555 Rockville Pike,
costs and benefits of severe accident Rockville, Maryland, between the hours ■ 139. Section 51.55 is added to read as
mitigation design alternatives, and the of 7:30 a.m. and 4:15 p.m. eastern time; follows:
§ 51.55 Environmental report—standard include a preliminary analysis that with respect to matters covered by
design certification. considers and weighs the environmental environmental quality standards and
(a) Each applicant for a standard effects of the proposed action; the requirements irrespective of whether a
design certification under subpart B of environmental impacts of alternatives to certification or license from the
part 52 of this chapter shall submit with the proposed action; and alternatives appropriate authority has been
its application a separate document available for reducing or avoiding obtained.3 While satisfaction of
entitled, ‘‘Applicant’s Environmental adverse environmental effects and Commission standards and criteria
Report—Standard Design Certification.’’ consideration of the economic, pertaining to radiological effects will be
The environmental report must address technical, and other benefits and costs necessary to meet the licensing
the costs and benefits of severe accident of the proposed action and alternatives requirements of the Atomic Energy Act,
mitigation design alternatives, and the and indicate what other interests and the analysis will, for the purposes of
bases for not incorporating severe considerations of Federal policy, NEPA, consider the radiological effects
accident mitigation design alternatives including factors not related to of the proposed action and alternatives.
in the design to be certified. environmental quality if applicable, are * * * * *
(b) Each applicant for an amendment relevant to the consideration of ■ 142. Section 51.75 is revised to read
to a design certification shall submit environmental effects of the proposed as follows:
with its application a separate action identified under paragraph (a) of
document entitled, ‘‘Applicant’s this section. The draft supplemental § 51.75 Draft environmental impact
Supplemental Environmental Report— statement—construction permit, early site
environmental impact statement permit, or combined license.
Amendment to Standard Design prepared at the license renewal stage
Certification.’’ The environmental report (a) Construction permit stage. A draft
under § 51.95(c) need not discuss the environmental impact statement relating
must address whether the design change economic or technical benefits and costs
which is the subject of the proposed to issuance of a construction permit for
of either the proposed action or a production or utilization facility will
amendment either renders a severe alternatives except if benefits and costs
accident mitigation design alternative be prepared in accordance with the
are either essential for a determination procedures and measures described in
previously rejected in an environmental regarding the inclusion of an alternative
assessment to become cost beneficial, or §§ 51.70, 51.71, 51.72, and 51.73. The
in the range of alternatives considered contribution of the environmental
results in the identification of new or relevant to mitigation. In addition,
severe accident mitigation design effects of the uranium fuel cycle
the supplemental environmental impact activities specified in § 51.51 shall be
alternatives that may be reasonably statement prepared at the license
incorporated into the design evaluated on the basis of impact values
renewal stage need not discuss other set forth in Table S–3, Table of Uranium
certification. issues not related to the environmental
Fuel Cycle Environmental Data, which
effects of the proposed action and shall be set out in the draft
as follows: associated alternatives. The draft environmental impact statement. With
§ 51.66 Environmental report—number of supplemental environmental impact the exception of radon-222 and
copies; distribution. statement for license renewal prepared technetium-99 releases, no further
Each applicant for a license or other under § 51.95(c) will rely on discussion of fuel cycle release values
form of permission, or an amendment to conclusions as amplified by the and other numerical data that appear
or renewal of a license or other form of supporting information in the GEIS for explicitly in the table shall be required.5
permission issued under parts 30, 32, issues designated as Category 1 in
33, 34, 35, 36, 39, 40, 61, 70, and/or 72 appendix B to subpart A of this part. 3 Compliance with the environmental quality
of this chapter, and covered by The draft supplemental environmental standards and requirements of the Federal Water
impact statement must contain an Pollution Control Act (imposed by EPA or
§§ 51.60(b)(1) through (6); or by §§ 51.61 designated permitting states) is not a substitute for,
or 51.62 shall submit to the Director of analysis of those issues identified as and does not negate the requirement for NRC to
Nuclear Material Safety and Safeguards Category 2 in appendix B to subpart A weigh all environmental effects of the proposed
an environmental report or any of this part that are open for the action, including the degradation, if any, of water
proposed action. The analysis for all quality, and to consider alternatives to the proposed
supplement to an environmental report action that are available for reducing adverse
in the manner specified in § 51.58(a). draft environmental impact statements effects. Where an environmental assessment of
The applicant shall maintain the will, to the fullest extent practicable, aquatic impact from plant discharges is available
quantify the various factors considered. from the permitting authority, the NRC will
capability to generate additional copies consider the assessment in its determination of the
of the environmental report or any To the extent that there are important magnitude of environmental impacts for striking an
supplement to the environmental report qualitative considerations or factors that overall cost-benefit balance at the construction
for subsequent distribution to Federal, cannot be quantified, these permit and operating license and early site permit
considerations or factors will be and combined license stages, and in its
State, and local officials, and any determination of whether the adverse
affected Indian tribes in accordance discussed in qualitative terms. environmental impacts of license renewal are so
with written instructions issued by the Consideration will be given to great that preserving the option of license renewal
Director of Nuclear Material Safety and compliance with environmental quality for energy planning decision-makers would be
standards and requirements that have unreasonable at the license renewal stage. When no
Safeguards. such assessment of aquatic impacts is available
■ 141. In § 51.71 paragraph (d) and
been imposed by Federal, State, from the permitting authority, NRC will establish
Footnote 3 are revised to read as regional, and local agencies having on its own, or in conjunction with the permitting
follows: responsibility for environmental authority and other agencies having relevant
protection, including applicable zoning expertise, the magnitude of potential impacts for
striking an overall cost-benefit balance for the
§ 51.71 Draft environmental impact and land-use regulations and water facility at the construction permit and operating
statement—contents. pollution limitations or requirements license and early site permit and combined license
* * * * * issued or imposed under the Federal stages, and in its determination of whether the
adverse environmental impacts of license renewal
(d) Analysis. Unless excepted in this Water Pollution Control Act. The are so great that preserving the option of license
paragraph or § 51.75, the draft environmental impact of the proposed renewal for energy planning decision-makers would
environmental impact statement will action will be considered in the analysis be unreasonable at the license renewal stage.
The impact statement shall take account these matters are addressed in the early license environmental impact statement
of dose commitments and health effects site permit environmental report. shall incorporate by reference the
from fuel cycle effluents set forth in (c) Combined license stage. A draft manufacturing license environmental
Table S–3 and shall in addition take environmental impact statement relating assessment, and summarize the findings
account of economic, socioeconomic, to issuance of a combined license that and conclusions of the environmental
and possible cumulative impacts and does not reference an early site permit assessment with respect to severe
other fuel cycle impacts as may will be prepared in accordance with the accident mitigation design alternatives.
reasonably appear significant. procedures and measures described in The combined license environmental
§§ 51.70, 51.71, 51.72, and 51.73. The impact statement report will not address
(b) Early site permit stage. A draft contribution of the environmental the environmental impacts associated
environmental impact statement relating effects of the uranium fuel cycle with manufacturing the reactor under
to issuance of an early site permit for a activities specified in § 51.51 shall be the manufacturing license.
production or utilization facility will be evaluated on the basis of impact values
prepared in accordance with the set forth in Table S–3, Table of Uranium § 51.76 [Removed]
procedures and measures described in Fuel Cycle Environmental Data, which ■ 143. Section 51.76 is removed and
§§ 51.70, 51.71, 51.72, 51.73, and this shall be set out in the draft reserved.
section. The contribution of the environmental impact statement. With ■ 144. Section 51.92 is revised to read
environmental effects of the uranium the exception of radon-222 and as follows:
fuel cycle activities specified in § 51.51 technetium-99 releases, no further
shall be evaluated on the basis of impact discussion of fuel cycle release values § 51.92 Supplement to the final
values set forth in Table S–3, Table of and other numerical data that appear environmental impact statement.
Uranium Fuel Cycle Environmental explicitly in the table shall be required.5 (a) If the proposed action has not been
Data, which shall be set out in the draft The impact statement shall take account taken, the NRC staff will prepare a
environmental impact statement. With of dose commitments and health effects supplement to a final environmental
the exception of radon-222 and from fuel cycle effluents set forth in impact statement for which a notice of
technetium-99 releases, no further Table S–3 and shall in addition take availability has been published in the
discussion of fuel cycle release values account of economic, socioeconomic, Federal Register as provided in
and other numerical data that appear and possible cumulative impacts and § 51.118, if:
explicitly in the table shall be required.5 other fuel cycle impacts as may (1) There are substantial changes in
The impact statement shall take account reasonably appear significant. The the proposed action that are relevant to
of dose commitments and health effects impact statement will include a environmental concerns; or
from fuel cycle effluents set forth in discussion of the storage of spent fuel (2) There are new and significant
Table S–3 and shall in addition take for the nuclear power plant within the circumstances or information relevant to
account of economic, socioeconomic, scope of the generic determination in environmental concerns and bearing on
§ 51.23(a) and in accordance with the proposed action or its impacts.
and possible cumulative impacts and
§ 51.23(b). (b) In a proceeding for a combined
other fuel cycle impacts as may
(1) Combined license application license application under 10 CFR part
reasonably appear significant. The draft 52 referencing an early site permit
referencing an early site permit. If the
environmental impact statement must combined license application references under part 52, the NRC staff shall
include an evaluation of alternative sites an early site permit, then the NRC staff prepare a supplement to the final
to determine whether there is any shall prepare a draft supplement to the environmental impact statement for the
obviously superior alternative to the site early site permit environmental impact referenced early site permit in
proposed. The draft environmental statement. The supplement must be accordance with paragraph (e) of this
impact statement must also include an prepared in accordance with § 51.92(e). section.
evaluation of the environmental effects (2) Combined license application (c) The NRC staff may prepare a
of construction and operation of a referencing a standard design supplement to a final environmental
reactor, or reactors, which have design certification. If the combined license impact statement when, in its opinion,
characteristics that fall within the site application references a standard design preparation of a supplement will further
characteristics and design parameters certification and the site characteristics the purposes of NEPA.
for the early site permit application, but of the combined license’s site fall within (d) The supplement to a final
only to the extent addressed in the early the site parameters specified in the environmental impact statement will be
site permit environmental report or design certification environmental prepared in the same manner as the
otherwise necessary to determine assessment, then the draft combined final environmental impact statement
whether there is any obviously superior license environmental impact statement except that a scoping process need not
alternative to the site proposed. The shall incorporate by reference the design be used.
draft environmental impact statement certification environmental assessment, (e) The supplement to an early site
must not include an assessment of the and summarize the findings and permit final environmental impact
economic, technical, or other benefits conclusions of the environmental statement which is prepared for a
(for example, need for power) and costs assessment with respect to severe combined license application in
of the proposed action or an evaluation accident mitigation design alternatives. accordance with § 51.75(c)(1) and
of alternative energy sources, unless (3) Combined license application paragraph (b) of this section must:
referencing a manufactured reactor. If (1) Identify the proposed action as the
5 Values for releases of Rn-222 and Tc-99 are not the combined license application issuance of a combined license for the
given in the table. The amount and significance of proposes to use a manufactured reactor construction and operation of a nuclear
Rn-222 releases from the fuel cycle and Tc-99 and the site characteristics of the power plant as described in the
releases from waste management or reprocessing combined license’s site fall within the combined license application at the site
activities shall be considered in the draft
environmental impact statement and may be the
site parameters specified in the described in the early site permit
subject of litigation in individual licensing manufacturing license environmental referenced in the combined license
proceedings. assessment, then the draft combined application;
(2) Incorporate by reference the final including supplements prepared at the stage or an environmental assessment,
environmental impact statement operating license stage; NRC staff- as appropriate, will address the
prepared for the early site permit; prepared final generic environmental environmental impacts of spent fuel
(3) Contain no separate discussion of impact statements; environmental storage only for the term of the license,
alternative sites; assessments and records of decisions license amendment or license renewal
(4) Include an analysis of the prepared in connection with the applied for.
economic, technical, and other benefits construction permit, the operating ■ 146. Section 51.105 is revised to read
and costs of the proposed action, to the license, the early site permit, or the as follows:
extent that the final environmental combined license and any license
impact statement prepared for the early amendment for that facility. A § 51.105 Public hearings in proceedings
site permit did not include an supplement to a final environmental for issuance of construction permits or
assessment of these benefits and costs; early site permits.
impact statement will include a request
(5) Include an analysis of other energy for comments as provided in § 51.73. (a) In addition to complying with
alternatives, to the extent that the final applicable requirements of § 51.104, in
* * * * *
environmental impact statement (c) Operating license renewal stage. In a proceeding for the issuance of a
prepared for the early site permit did connection with the renewal of an construction permit or early site permit
not include an assessment of energy operating license or combined license for a nuclear power reactor, testing
alternatives; for a nuclear power plant under parts 52 facility, fuel reprocessing plant or
(6) Include an analysis of any or 54 of this chapter, the Commission isotopic enrichment plant, the presiding
environmental issue related to the shall prepare an environmental impact officer will:
impacts of construction or operation of statement, which is a supplement to the (1) Determine whether the
the facility that was not resolved in the Commission’s NUREG–1437, ‘‘Generic requirements of Sections 102(2) (A), (C),
proceeding on the early site permit; and Environmental Impact Statement for and (E) of NEPA and the regulations in
(7) Include an analysis of the issues this subpart have been met;
License Renewal of Nuclear Plants’’
related to the impacts of construction (2) Independently consider the final
(May 1996), which is available in the
and operation of the facility that were balance among conflicting factors
NRC Public Document Room, 11555
resolved in the early site permit contained in the record of the
Rockville Pike, Rockville, Maryland.
proceeding for which new and proceeding with a view to determining
significant information has been * * * * * the appropriate action to be taken;
identified, including, but not limited to, (d) Postoperating license stage. In (3) Determine, after weighing the
new and significant information connection with the amendment of an environmental, economic, technical,
demonstrating that the design of the operating or combined license and other benefits against
facility falls outside the site authorizing decommissioning activities environmental and other costs, and
characteristics and design parameters at a production or utilization facility considering reasonable alternatives,
specified in the early site permit. covered by § 51.20, either for whether the construction permit or early
(f)(1) A supplement to a final unrestricted use or based on continuing site permit should be issued, denied, or
environmental impact statement will be use restrictions applicable to the site, or appropriately conditioned to protect
accompanied by or will include a with the issuance, amendment or environmental values;
request for comments as provided in renewal of a license to store spent fuel (4) Determine, in an uncontested
§ 51.73 and a notice of availability will at a nuclear power reactor after proceeding, whether the NEPA review
be published in the Federal Register as expiration of the operating or combined conducted by the NRC staff has been
provided in § 51.117 if paragraphs (a) or license for the nuclear power reactor, adequate; and
(b) of this section applies. the NRC staff will prepare a (5) Determine, in a contested
(2) If comments are not requested, a supplemental environmental impact proceeding, whether in accordance with
notice of availability of a supplement to statement for the post operating or post the regulations in this subpart, the
a final environmental impact statement combined license stage or an construction permit or early site permit
will be published in the Federal environmental assessment, as should be issued as proposed by the
Register as provided in § 51.118. appropriate, which will update the prior NRC’s Director of New Reactors or
■ 145. In § 51.95, paragraph (a), the
environmental documentation prepared Director of Nuclear Reactor Regulation.
introductory text of paragraph (c), and by the NRC for compliance with NEPA (b) The presiding officer in an early
paragraph (d) are revised to read as under the provisions of this part. The site permit hearing shall not admit
follows: supplement or assessment may contentions proffered by any party
incorporate by reference any concerning the benefits assessment (e.g.,
§ 51.95 Postconstruction environmental information contained in the final need for power) or alternative energy
impact statements. environmental impact statement—for sources if those issues were not
(a) General. Any supplement to a final the operating or combined license stage, addressed by the applicant in the early
environmental impact statement or any as appropriate, or in the records of site permit application.
environmental assessment prepared decision prepared in connection with ■ 147. Section 51.105a is added to read
under the provisions of this section may the early site permit, construction as follows:
incorporate by reference any permit, operating license, or combined
information contained in a final license for that facility. The supplement § 51.105a Public hearings in proceedings
environmental document previously will include a request for comments as for issuance of manufacturing licenses.
prepared by the NRC staff that relates to provided in § 51.73. Unless otherwise In addition to complying with
the same production or utilization required by the Commission in applicable requirements of § 51.31(c), in
facility. Documents that may be accordance with the generic a proceeding for the issuance of a
referenced include, but are not limited determination in § 51.23(a) and the manufacturing license, the presiding
to, the final environmental impact provisions of § 51.23(b), a supplemental officer will determine whether, in
statement; supplements to the final environmental impact statement for the accordance with the regulations in this
environmental impact statement, postoperating or post combined license subpart, the manufacturing license
should be issued as proposed by the (c) If the combined license application 52.21 Administrative review of
NRC’s Director of New Reactors or references a standard design applications; hearings.
Director of Nuclear Reactor Regulation. certification, or proposes to use a 52.23 Referral to the Advisory Committee
on Reactor Safeguards (ACRS).
■ 148. Section 51.107 is added under manufactured reactor, then the
52.24 Issuance of early site permit.
the undesignated center heading presiding officer in a combined license 52.25 Extent of activities permitted.
‘‘Production and Utilization Facilities’’ hearing shall not admit contentions 52.27 Duration of permit.
to read as follows: proffered by any party concerning 52.28 Transfer of early site permit.
severe accident mitigation design 52.29 Application for renewal.
§ 51.107 Public hearings in proceedings alternatives unless the contention 52.31 Criteria for renewal.
for issuance of combined licenses. demonstrates that the site characteristics 52.33 Duration of renewal.
(a) In addition to complying with the fall outside of the site parameters in the 52.35 Use of site for other purposes.
applicable requirements of § 51.104, in 52.39 Finality of early site permit
standard design certification or
determinations.
a proceeding for the issuance of a underlying manufacturing license for
combined license for a nuclear power the manufactured reactor. Subpart B—Standard Design Certifications
reactor under part 52 of this chapter, the ■ 149. Section 51.108 is added under 52.41 Scope of subpart.
presiding officer will: the undesignated center heading 52.43 Relationship to other subparts.
(1) Determine whether the ‘‘Production and Utilization Facilities,’’ 52.45 Filing of applications.
requirements of Sections 102(2) (A), (C), to read as follows: 52.46 Contents of applications; general
and (E) of NEPA and the regulations in information.
§ 51.108 Public hearings on Commission 52.47 Contents of applications; technical
this subpart have been met; information.
findings that inspections, tests, analyses,
(2) Independently consider the final 52.48 Standards for review of applications.
and acceptance criteria of combined
balance among conflicting factors licenses are met. 52.51 Administrative review of
contained in the record of the applications.
In any public hearing requested under
proceeding with a view to determining 52.53 Referral to the Advisory Committee
10 CFR 52.103(b), the Commission will on Reactor Safeguards (ACRS).
the appropriate action to be taken;
not admit any contentions on 52.54 Issuance of standard design
(3) Determine, after weighing the
environmental issues, the adequacy of certification.
environmental, economic, technical,
the environmental impact statement for 52.55 Duration of certification.
and other benefits against 52.57 Application for renewal.
the combined license issued under
environmental and other costs, and 52.59 Criteria for renewal.
subpart C of part 52, or the adequacy of
considering reasonable alternatives, 52.61 Duration of renewal.
any other environmental impact
whether the combined license should be 52.63 Finality of standard design
statement or environmental assessment certifications.
issued, denied, or appropriately
referenced in the combined license
conditioned to protect environmental Subpart C—Combined Licenses
application. The Commission will not
values;
make any environmental findings in 52.71 Scope of subpart.
(4) Determine, in an uncontested connection with the finding under 10 52.73 Relationship to other subparts.
proceeding, whether the NEPA review CFR 52.103(g). 52.75 Filing of applications.
conducted by the NRC staff has been 52.77 Contents of applications; general
■ 150. Part 52 is revised to read as
adequate; and information.
follows: 52.79 Contents of applications; technical
(5) Determine, in a contested
proceeding, whether in accordance with information in final safety analysis
PART 52—LICENSES, report.
the regulations in this subpart, the CERTIFICATIONS, AND APPROVALS 52.80 Contents of applications; additional
combined license should be issued as FOR NUCLEAR POWER PLANTS technical information.
proposed by the NRC’s Director of New 52.81 Standards for review of applications.
Reactors or Director of Nuclear Reactor General Provisions 52.83 Finality of referenced NRC approvals;
Regulation. Sec. partial initial decision on site suitability.
(b) If a combined license application 52.0 Scope; applicability of 10 CFR Chapter 52.85 Administrative review of
references an early site permit, then the I provisions. applications; hearings.
presiding officer in the combined 52.1 Definitions. 52.87 Referral to the Advisory Committee
license hearing shall not admit any 52.2 Interpretations. on Reactor Safeguards (ACRS).
contention proffered by any party on 52.3 Written communications. 52.89 Reserved.
52.4 Deliberate misconduct. 52.91 Authorization to conduct site
environmental issues which have been 52.5 Employee protection. activities.
accorded finality under § 52.39 of this 52.6 Completeness and accuracy of 52.93 Exemptions and variances.
chapter, unless the contention: information. 52.97 Issuance of combined licenses.
(1) Demonstrates that the nuclear 52.7 Specific exemptions. 52.98 Finality of combined licenses;
power reactor proposed to be built does 52.8 Combining licenses; elimination of information requests.
not fit within one or more of the site repetition. 52.99 Inspection during construction.
characteristics or design parameters 52.9 Jurisdictional limits. 52.103 Operation under a combined
52.10 Attacks and destructive acts. license.
included in the early site permit; 52.11 Information collection requirements:
(2) Raises any significant 52.104 Duration of combined license.
OMB approval. 52.105 Transfer of combined license.
environmental issue that was not 52.107 Application for renewal.
resolved in the early site permit Subpart A—Early Site Permits
52.109 Continuation of combined license.
proceeding; or 52.12 Scope of subpart. 52.110 Termination of license.
(3) Raises any issue involving the 52.13 Relationship to other subparts.
52.15 Filing of applications. Subpart D—Reserved

impacts of construction and operation of
52.16 Contents of applications; general
the facility that was resolved in the information. Subpart E—Standard Design Approvals
early site permit proceeding for which 52.17 Contents of applications; technical 52.131 Scope of subpart.
new and significant information has information. 52.133 Relationship to other subparts.
been identified. 52.18 Standards for review of applications. 52.135 Filing of applications.
52.136 Contents of applications; general standard design approvals, and nuclear power facilities. An early site
information. manufacturing licenses for nuclear permit is a partial construction permit.
52.137 Contents of applications; technical power facilities licensed under Section License means a license, including an
information. 103 of the Atomic Energy Act of 1954, early site permit, combined license or
52.139 Standards for review of applications.
as amended (68 Stat. 919), and Title II manufacturing license under this part or
52.141 Referral to the Advisory Committee
on Reactor Safeguards (ACRS). of the Energy Reorganization Act of a renewed license issued by the
52.143 Staff approval of design. 1974 (88 Stat. 1242). This part also gives Commission under this part or part 54
52.145 Finality of standard design notice to all persons who knowingly of this chapter.
approvals; information requests. provide to any holder of or applicant for Licensee means a person who is
52.147 Duration of design approval. an approval, certification, permit, or authorized to conduct activities under a
license, or to a contractor, license issued by the Commission.
Subpart F—Manufacturing Licenses
subcontractor, or consultant of any of Major feature of the emergency plans
52.151 Scope of subpart. means an aspect of those plans
52.153 Relationship to other subparts.
them, components, equipment,
materials, or other goods or services that necessary to:
52.155 Filing of applications. (i) Address in whole or part one or
52.156 Contents of applications; general relate to the activities of a holder of or
information. applicant for an approval, certification, more of the 16 standards in 10 CFR
52.157 Contents of applications; technical permit, or license, subject to this part, 50.47(b); or
information in final safety analysis that they may be individually subject to (ii) Describe the emergency planning
report. NRC enforcement action for violation of zones as required in 10 CFR 50.33(g).
52.158 Contents of application; additional the provisions in 10 CFR 52.4. Manufacturing license means a
technical information. license, issued under subpart F of this
(b) Unless otherwise specifically
52.159 Standards for review of application. part, authorizing the manufacture of
52.161 Reserved. provided for in this part, the regulations
nuclear power reactors but not their
52.163 Administrative review of in 10 CFR Chapter I apply to a holder
construction, installation, or operation
applications; hearings. of or applicant for an approval,
at the sites on which the reactors are to
52.165 Referral to the Advisory Committee certification, permit, or license. A
be operated.
on Reactor Safeguards (ACRS). holder of or applicant for an approval, Modular design means a nuclear
52.167 Issuance of manufacturing license. certification, permit, or license issued
52.169 Reserved. power station that consists of two or
under this part shall comply with all more essentially identical nuclear
52.171 Finality of manufacturing licenses; requirements in 10 CFR Chapter I that
information requests. reactors (modules) and each module is
are applicable. A license, approval, a separate nuclear reactor capable of
52.173 Duration of manufacturing license.
52.175 Transfer of manufacturing license. certification, or permit issued under this being operated independent of the state
52.177 Application for renewal. part is subject to all requirements in 10 of completion or operating condition of
52.179 Criteria for renewal. CFR Chapter I which, by their terms, are any other module co-located on the
52.181 Duration of renewal. applicable to early site permits, design same site, even though the nuclear
certifications, combined licenses, design power station may have some shared or
Subpart G—Reserved
approvals, or manufacturing licenses. common systems.
Subpart H—Enforcement
§ 52.1 Definitions. Prototype plant means a nuclear
52.301 Violations. power plant that is used to test new
52.303 Criminal penalties. (a) As used in this part—
safety features, such as the testing
Appendix A to Part 52—Design Certification Combined license means a combined
Rule for the U.S. Advanced Boiling Water required under 10 CFR 50.43(e). The
construction permit and operating
Reactor prototype plant is similar to a first-of-a-
license with conditions for a nuclear
Appendix B to Part 52—Design Certification kind or standard plant design in all
power facility issued under subpart C of
Rule for the System 80+ Design features and size, but may include
this part.
Appendix C to Part 52—Design Certification additional safety features to protect the
Rule for the AP600 Design Decommission means to remove a public and the plant staff from the
Appendix D to Part 52—Design Certification facility or site safely from service and possible consequences of accidents
Rule for the AP1000 Design reduce residual radioactivity to a level during the testing period.
Appendixes E Through M to Part 52 that permits— Site characteristics are the actual
[Reserved] (i) Release of the property for physical, environmental and
Appendix N to Part 52—Standardization of unrestricted use and termination of the
Nuclear Power Plant Designs: Combined demographic features of a site. Site
license; or characteristics are specified in an early
Licenses to Construct and Operate Nuclear
Power Reactors of Identical Design at
(ii) Release of the property under site permit or in a final safety analysis
Multiple Sites restricted conditions and termination of report for a combined license.
the license. Site parameters are the postulated
Authority: Secs. 103, 104, 161, 182, 183,
Design characteristics are the actual physical, environmental and
186, 189, 68 Stat. 936, 948, 953, 954, 955,
956, as amended, sec. 234, 83 Stat. 444, as features of a reactor or reactors. Design demographic features of an assumed
amended (42 U.S.C. 2133, 2201, 2232, 2233, characteristics are specified in a site. Site parameters are specified in a
2236, 2239, 2282); secs. 201, 202, 206, 88 standard design approval, a standard standard design approval, standard
Stat. 1242, 1244, 1246, as amended (42 U.S.C. design certification, a combined license design certification, or manufacturing
5841, 5842, 5846); sec. 1704, 112 Stat. 2750 application, or a manufacturing license. license.
(44 U.S.C. 3504 note). Design parameters are the postulated Standard design means a design
General Provisions features of a reactor or reactors that which is sufficiently detailed and
could be built at a proposed site. Design complete to support certification or
§ 52.0 Scope; applicability of 10 CFR parameters are specified in an early site approval in accordance with subpart B
Chapter I provisions. permit. or E of this part, and which is usable for
(a) This part governs the issuance of Early site permit means a Commission a multiple number of units or at a
early site permits, standard design approval, issued under subpart A of this multiple number of sites without
certifications, combined licenses, part, for a site or sites for one or more reopening or repeating the review.
Standard design approval or design of nonpublic information. If the submission to the Document Control
approval means an NRC staff approval, communication is on paper, the signed Desk must be the signed original.
issued under subpart E of this part, of original must be sent. If a submission (4) Security plan and related
a final standard design for a nuclear due date falls on a Saturday, Sunday, or submissions. Written communications,
power reactor of the type described in Federal holiday, the next Federal as defined in paragraphs (b)(4)(i)
10 CFR 50.22. The approval may be for working day becomes the official due through (iv) of this section, must be
either the final design for the entire date. submitted to the NRC’s Document
reactor facility or the final design of (b) Distribution requirements. Copies Control Desk, with a copy to the
major portions thereof. of all correspondence, reports, and other appropriate Regional Office. If the
Standard design certification or written communications concerning the communication is on paper, the
design certification means a regulations in this part or individual submission to the Document Control
Commission approval, issued under license conditions, or the terms and Desk must be the signed original.
subpart B of this part, of a final standard conditions of an early site permit or (i) Physical security plan under
design for a nuclear power facility. This standard design approval, must be § 52.79 of this chapter;
design may be referred to as a certified submitted to the persons listed in (ii) Safeguards contingency plan
standard design. paragraph (b)(1) of this section under § 52.79 of this chapter;
(b) All other terms in this part have (addresses for the NRC Regional Offices (iii) Change to security plan, guard
the meaning set out in 10 CFR 50.2, or are listed in appendix D to part 20 of training and qualification plan, or
Section 11 of the Atomic Energy Act, as this chapter). safeguards contingency plan made
applicable. (1) Applications for amendment of without prior Commission approval
permits and licenses; reports; and other under § 50.54(p) of this chapter;
§ 52.2 Interpretations. communications. All written (iv) Application for amendment of
Except as specifically authorized by communications (including responses physical security plan, guard training
the Commission in writing, no to: generic letters, bulletins, information and qualification plan, or safeguards
interpretation of the meaning of the notices, regulatory information contingency plan under § 50.90 of this
regulations in this part by any officer or summaries, inspection reports, and chapter.
employee of the Commission other than miscellaneous requests for additional (5) Emergency plan and related
a written interpretation by the General information) that are required of holders submissions. Written communications
Counsel will be recognized to be of early site permits, standard design as defined in paragraphs (b)(5)(i)
binding upon the Commission. approvals, combined licenses, or through (iii) of this section must be
manufacturing licenses issued under submitted to the NRC’s Document
§ 52.3 Written communications.
this part must be submitted as follows, Control Desk, with a copy to the
(a) General requirements. All except as otherwise specified in appropriate Regional Office, and a copy
correspondence, reports, applications, paragraphs (b)(2) through (b)(7) of this to the appropriate NRC Resident
and other written communications from section: to the NRC’s Document Control Inspector if one has been assigned to the
an applicant, licensee, or holder of a Desk (if on paper, the signed original), site of the facility. If the communication
standard design approval to the Nuclear with a copy to the appropriate Regional is on paper, the submission to the
Regulatory Commission concerning the Office, and a copy to the appropriate Document Control Desk must be the
regulations in this part, individual NRC Resident Inspector, if one has been signed original.
license conditions, or the terms and assigned to the site of the facility or the (i) Emergency plan under § 52.17(b) or
conditions of an early site permit or place of manufacture of a reactor § 52.79(a);
standard design approval, must be sent licensed under subpart F of this part. (ii) Change to an emergency plan
either by mail addressed: ATTN: (2) Applications and amendments to under § 50.54(q) of this chapter;
Document Control Desk, U.S. Nuclear applications. Applications for early site (iii) Emergency implementing
Regulatory Commission, Washington, permits, standard design approvals, procedures under appendix E, Section V
DC 20555–0001; by hand delivery to the combined licenses, manufacturing of part 50 of this chapter.
NRC’s offices at 11555 Rockville Pike, licenses and amendments to any of (6) Updated FSAR. An updated final
Rockville, Maryland, between the hours these types of applications must be safety analysis report (FSAR) or
of 7:30 a.m. and 4:15 p.m. eastern time; submitted to the NRC’s Document replacement pages under § 50.71(e) of
or, where practicable, by electronic Control Desk, with a copy to the this chapter, or the regulations in this
submission, for example, via Electronic appropriate Regional Office, and a copy part must be submitted to the NRC’s
Information Exchange, e-mail, or CD– to the appropriate NRC Resident Document Control Desk, with a copy to
ROM. Electronic submissions must be Inspector, if one has been assigned to the appropriate Regional Office, and a
made in a manner that enables the NRC the site of the facility or the place of copy to the appropriate NRC Resident
to receive, read, authenticate, distribute, manufacture of a reactor licensed under Inspector if one has been assigned to the
and archive the submission, and process subpart F of this part, except as site of the facility or the place of
and retrieve it a single page at a time. otherwise specified in paragraphs (b)(3) manufacture of a reactor licensed under
Detailed guidance on making electronic through (b)(7) of this section. If the subpart F of this part. Paper copy
submissions can be obtained by visiting application or amendment is on paper, submissions may be made using
the NRC’s Web site at http:// the submission to the Document Control replacement pages; however, if a
www.nrc.gov/site-help/eie.html, by Desk must be the signed original. licensee chooses to use electronic
calling (301) 415–6030, by e-mail at (3) Acceptance review application. submission, all subsequent updates or
EIE@nrc.gov, or by writing the Office of Written communications required for an submissions must be performed
Information Services, U.S. Nuclear application for determination of electronically on a total replacement
Regulatory Commission, Washington, suitability for docketing must be basis. If the communication is on paper,
DC 20555–0001. The guidance submitted to the NRC’s Document the submission to the Document Control
discusses, among other topics, the Control Desk, with a copy to the Desk must be the signed original. If the
formats the NRC can accept, the use of appropriate Regional Office. If the communications are submitted
electronic signatures, and the treatment communication is on paper, the electronically, see Guidance for
Electronic Submissions to the § 52.4 Deliberate misconduct. (2) Deliberately submit to the NRC; a
Commission. (a) Applicability. This section applies licensee, an applicant for a license,
(7) Quality assurance related to any: standard design certification or standard
submissions. (i) A change to the safety (1) Licensee; design approval; or a licensee’s,
analysis report quality assurance (2) Holder of a standard design standard design approval holder’s, or
program description under § 50.54(a)(3) approval; applicant’s contractor or subcontractor,
or § 50.55(f)(4) of this chapter, or a (3) Applicant for a standard design information that the person submitting
change to a licensee’s NRC-accepted certification; the information knows to be incomplete
quality assurance topical report under (4) Applicant for a license or permit; or inaccurate in some respect material to
§ 50.54(a)(3) or § 50.55(f)(4) of this (5) Applicant for a standard design the NRC.
chapter, must be submitted to the NRC’s approval;
(d) A person or entity who violates
Document Control Desk, with a copy to (6) Employee of a licensee;
(7) Employee of an applicant for a paragraph (c)(1) or (c)(2) of this section
the appropriate Regional Office, and a may be subject to enforcement action in
copy to the appropriate NRC Resident license, a standard design certification,
or a standard design approval; accordance with the procedures in 10
Inspector if one has been assigned to the CFR part 2, subpart B.
(8) Any contractor (including a
site of the facility. If the communication
supplier or consultant), subcontractor, § 52.5 Employee protection.
is on paper, the submission to the
or employee of a contractor or
Document Control Desk must be the (a) Discrimination by a Commission
subcontractor of any licensee; or
signed original. licensee, holder of a standard design
(9) Any contractor (including a
(ii) A change to an NRC-accepted supplier or consultant), subcontractor, approval, an applicant for a license,
quality assurance topical report from or employee of a contractor or standard design certification, or
nonlicensees (i.e., architect/engineers, subcontractor of any applicant for a standard design approval, a contractor
NSSS suppliers, fuel suppliers, license, a standard design certification, or subcontractor of a Commission
constructors, etc.) must be submitted to or a standard design approval. licensee, holder of a standard design
the NRC’s Document Control Desk. If (b) Definitions. For purposes of this approval, applicant for a license,
the communication is on paper, the section: standard design certification, or
signed original must be sent. Deliberate misconduct means an standard design approval, against an
(8) Certification of permanent intentional act or omission that a person employee for engaging in certain
cessation of operations. The licensee’s or entity knows: protected activities is prohibited.
certification of permanent cessation of (i) Would cause a licensee or an Discrimination includes discharge and
operations under § 52.110(a)(1), must applicant for a license, standard design other actions that relate to
state the date on which operations have certification, or standard design compensation, terms, conditions, or
ceased or will cease, and must be approval to be in violation of any rule, privileges of employment. The protected
submitted to the NRC’s Document regulation, or order; or any term, activities are established in Section 211
Control Desk. This submission must be condition, or limitation, of any license, of the Energy Reorganization Act of
under oath or affirmation. standard design certification, or 1974, as amended, and in general are
(9) Certification of permanent fuel standard design approval; or related to the administration or
removal. The licensee’s certification of (ii) Constitutes a violation of a enforcement of a requirement imposed
permanent fuel removal under requirement, procedure, instruction, under the Atomic Energy Act or the
§ 52.110(a)(1), must state the date on contract, purchase order, or policy of a Energy Reorganization Act.
which the fuel was removed from the licensee, holder of a standard design (1) The protected activities include
reactor vessel and the disposition of the approval, applicant for a license, but are not limited to:
fuel, and must be submitted to the standard design certification, or (i) Providing the Commission or his or
NRC’s Document Control Desk. This standard design approval, or contractor, her employer information about alleged
submission must be under oath or or subcontractor. violations of either of the statutes
affirmation. (c) Prohibition against deliberate named in the introductory text of
(c) Form of communications. All misconduct. Any person or entity paragraph (a) of this section or possible
paper copies submitted to meet the subject to this section, who knowingly violations of requirements imposed
requirements set forth in paragraph (b) provides to any licensee, any applicant under either of those statutes;
of this section must be typewritten, for a license, standard design
printed or otherwise reproduced in certification or standard design (ii) Refusing to engage in any practice
permanent form on unglazed paper. approval, or a contractor, or made unlawful under either of the
Exceptions to these requirements subcontractor of a person or entity statutes named in the introductory text
imposed on paper submissions may be subject to this section, any components, of paragraph (a) of this section or under
granted for the submission of equipment, materials, or other goods or these requirements if the employee has
micrographic, photographic, or similar services that relate to a licensee’s or identified the alleged illegality to the
forms. applicant’s activities under this part, employer;
(d) Regulation governing submission. may not: (iii) Requesting the Commission to
Applicants, licensees, and holders of (1) Engage in deliberate misconduct institute action against his or her
standard design approvals submitting that causes or would have caused, if not employer for the administration or
correspondence, reports, and other detected, a licensee, holder of a enforcement of these requirements;
written communications under the standard design approval, or applicant (iv) Testifying in any Commission
regulations of this part are requested but to be in violation of any rule, regulation, proceeding, or before Congress, or at any
not required to cite whenever practical, or order; or any term, condition, or Federal or State proceeding regarding
in the upper right corner of the first limitation of any license issued by the any provision (or proposed provision) of
page of the submission, the specific Commission, any standard design either of the statutes named in the
regulation or other basis requiring approval, or standard design introductory text of paragraph (a) of this
submission. certification; or section; and
(v) Assisting or participating in, or is him or her immune from discharge or § 52.6 Completeness and accuracy of
about to assist or participate in, these discipline for legitimate reasons or from information.
activities. adverse action dictated by (a) Information provided to the
(2) These activities are protected even nonprohibited considerations. Commission by a licensee (including an
if no formal proceeding is actually early site permit holder, a combined
(e)(1) Each licensee, each holder of a
initiated as a result of the employee license holder, and a manufacturing
standard design approval, and each
assistance or participation. license holder), a holder of a standard
(3) This section has no application to applicant for a license, standard design design approval under this part, and an
any employee alleging discrimination certification, or standard design applicant for a license or an applicant
prohibited by this section who, acting approval, shall prominently post the for a standard design certification or a
without direction from his or her revision of NRC Form 3, ‘‘Notice to standard design approval under this
employer (or the employer’s agent), Employees,’’ referenced in 10 CFR part, and information required by
deliberately causes a violation of any 19.11(e). This form must be posted at statute or by the Commission’s
requirement of the Energy locations sufficient to permit employees regulations, orders, license conditions,
Reorganization Act of 1974, as protected by this section to observe a or terms and conditions of a standard
amended, or the Atomic Energy Act of copy on the way to or from their place design approval to be maintained by the
1954, as amended. of work. Premises must be posted not licensee, the holder of a standard design
(b) Any employee who believes that later than thirty (30) days after an approval under this part, the applicant
he or she has been discharged or application is docketed and remain for a standard design certification under
otherwise discriminated against by any posted while the application is pending this part following Commission
person for engaging in protected before the Commission, during the term adoption of a final design certification
activities specified in paragraph (a)(1) of of the license, standard design rule, and an applicant for a license, a
this section may seek a remedy for the certification, or standard design standard design certification, or a
discharge or discrimination through an approval under 10 CFR part 52, and for standard design approval under this
administrative proceeding in the 30 days following license termination or part shall be complete and accurate in
Department of Labor. The the expiration or termination of the all material respects.
administrative proceeding must be standard design certification or standard (b) Each applicant or licensee, each
initiated within 180 days after an design approval under 10 CFR part 52. holder of a standard design approval
alleged violation occurs. The employee under this part, and each applicant for
(2) Copies of NRC Form 3 may be a standard design certification under
may do this by filing a complaint
obtained by writing to the Regional this part following Commission
alleging the violation with the
Administrator of the appropriate U.S. adoption of a final design certification
Department of Labor, Employment
Nuclear Regulatory Commission regulation, shall notify the Commission
Standards Administration, Wage and
Regional Office listed in appendix D to of information identified by the
Hour Division. The Department of Labor
may order reinstatement, back pay, and part 20 of this chapter, by calling (301) applicant or the licensee as having for
compensatory damages. 415–7232, via e-mail to forms@nrc.gov, the regulated activity a significant
(c) A violation of paragraph (a), (e), or or by visiting the NRC’s Web site at implication for public health and safety
(f) of this section by a Commission http://www.nrc.gov and selecting forms or common defense and security. An
licensee, a holder of a standard design from the index found on the NRC’s applicant, licensee, or holder violates
approval, an applicant for a Commission home page. this paragraph only if the applicant,
license, standard design certification, or (f) No agreement affecting the licensee, or holder fails to notify the
a standard design approval, or a compensation, terms, conditions, or Commission of information that the
contractor or subcontractor of a privileges of employment, including an applicant, licensee, or holder has been
Commission licensee, holder of a agreement to settle a complaint filed by identified as having a significant
standard design approval, or any an employee with the Department of implication for public health and safety
applicant may be grounds for— Labor under Section 211 of the Energy or common defense and security.
(1) Denial, revocation, or suspension Reorganization Act of 1974, as Notification shall be provided to the
of the license or standard design amended, may contain any provision Administrator of the appropriate
approval; which would prohibit, restrict, or Regional Office within 2 working days
(2) Withdrawal or revocation of a otherwise discourage an employee from of identifying the information. This
proposed or final standard design participating in protected activity as requirement is not applicable to
certification; defined in paragraph (a)(1) of this information which is already required to
(3) Imposition of a civil penalty on the section including, but not limited to, be provided to the Commission by other
licensee, holder of a standard design providing information to the NRC or to reporting or updating requirements.
approval, or applicant (including an his or her employer on potential
applicant for a standard design § 52.7 Specific exemptions.
violations or other matters within NRC’s The Commission may, upon
certification under this part following regulatory responsibilities.
Commission adoption of final design application by any interested person or
certification rule). (g) Part 19 of this chapter sets forth upon its own initiative, grant
(4) Other enforcement action. requirements and regulatory provisions exemptions from the requirements of
(d) Actions taken by an employer, or applicable to licensees, holders of a the regulations of this part. The
others, which adversely affect an standard design approval, applicants for Commission’s consideration will be
employee may be predicated upon a license, standard design certification, governed by § 50.12 of this chapter,
nondiscriminatory grounds. The or standard design approval, and unless other criteria are provided for in
prohibition applies when the adverse contractors or subcontractors of a this part, in which case the
action occurs because the employee has Commission licensee, or holder of a Commission’s consideration will be
engaged in protected activities. An standard design approval, and are in governed by the criteria in this part.
employee’s engagement in protected addition to the requirements in this Only if those criteria are not met will
activities does not automatically render section. the Commission’s consideration be
governed by § 50.12 of this chapter. The number. OMB has approved the § 52.17 Contents of applications; technical
Commission’s consideration of requests information collection requirements information.
for exemptions from requirements of the contained in this part under Control (a) For applications submitted before
regulations of other parts in this Number 3150–0151. September 27, 2007, the rule provisions
chapter, which are applicable by virtue (b) The approved information in effect at the date of docketing apply
of this part, shall be governed by the collection requirements contained in unless otherwise requested by the
exemption requirements of those parts. applicant in writing. The application
this part appear in §§ 52.7, 52.15, 52.16,
must contain:
§ 52.8 Combining licenses; elimination of 52.17, 52.29, 52.35, 52.39, 52.45, 52.46,
(1) A site safety analysis report. The
repetition. 52.47, 52.57, 52.63, 52.75, 52.77, 52.79,
site safety analysis report shall include
(a) An applicant for a license under 52.80, 52.93, 52.99, 52.110, 52.135,
the following:
this part may combine in its application 52.136, 52.137, 52.155, 52.156, 52.157, (i) The specific number, type, and
several applications for different kinds 52.158, 52.171, 52.177, and appendices thermal power level of the facilities, or
of licenses under the regulations of this A, B, C, D, and N of part 52. range of possible facilities, for which the
chapter. site may be used;
(b) An applicant may incorporate by Subpart A—Early Site Permits
(ii) The anticipated maximum levels
reference in its application information
§ 52.12 Scope of subpart. of radiological and thermal effluents
contained in previous applications,
each facility will produce;
statements or reports filed with the This subpart sets out the requirements (iii) The type of cooling systems,
Commission, provided, however, that and procedures applicable to intakes, and outflows that may be
such references are clear and specific. Commission issuance of an early site
(c) The Commission may combine in associated with each facility;
permit for approval of a site for one or (iv) The boundaries of the site;
a single license the activities of an more nuclear power facilities separate (v) The proposed general location of
applicant which would otherwise be from the filing of an application for a each facility on the site;
licensed separately. construction permit or combined license (vi) The seismic, meteorological,
§ 52.9 Jurisdictional limits. for the facility. hydrologic, and geologic characteristics
No permit, license, standard design of the proposed site with appropriate
§ 52.13 Relationship to other subparts.
approval, or standard design consideration of the most severe of the
certification under this part shall be This subpart applies when any person natural phenomena that have been
deemed to have been issued for who may apply for a construction historically reported for the site and
activities which are not under or within permit under 10 CFR part 50, or for a surrounding area and with sufficient
the jurisdiction of the United States. combined license under this part seeks margin for the limited accuracy,
an early site permit from the quantity, and period of time in which
§ 52.10 Attacks and destructive acts. Commission separately from an the historical data have been
Neither an applicant for a license to application for a construction permit or accumulated;
manufacture, construct, and operate a a combined license. (vii) The location and description of
utilization facility under this part, nor any nearby industrial, military, or
for an amendment to this license, or an § 52.15 Filing of applications. transportation facilities and routes;
applicant for an early site permit, a (viii) The existing and projected
(a) Any person who may apply for a
standard design certification, or future population profile of the area
construction permit under 10 CFR part
standard design approval under this surrounding the site;
50, or for a combined license under this
part, or for an amendment to the early (ix) A description and safety
part, may file an application for an early
site permit, standard design assessment of the site on which a
site permit with the Director, Office of
certification, or standard design facility is to be located. The assessment
New Reactors, or the Director, Office of
approval, is required to provide for must contain an analysis and evaluation
Nuclear Reactor Regulation, as
design features or other measures for the of the major structures, systems, and
appropriate. An application for an early
specific purpose of protection against components of the facility that bear
site permit may be filed
the effects of— significantly on the acceptability of the
(a) Attacks and destructive acts, notwithstanding the fact that an
site under the radiological consequence
including sabotage, directed against the application for a construction permit or
evaluation factors identified in
facility by an enemy of the United a combined license has not been filed in
paragraphs (a)(1)(ix)(A) and (a)(1)(ix)(B)
States, whether a foreign government or connection with the site for which a
of this section. In performing this
other person; or permit is sought.
assessment, an applicant shall assume a
(b) Use or deployment of weapons (b) The application must comply with fission product release 1 from the core
incident to U.S. defense activities. the applicable filing requirements of into the containment assuming that the
§§ 52.3 and 50.30 of this chapter. facility is operated at the ultimate power
§ 52.11 Information collection
requirements: OMB approval. (c) The fees associated with the filing level contemplated. The applicant shall
(a) The Nuclear Regulatory and review of an application for the perform an evaluation and analysis of
Commission has submitted the initial issuance or renewal of an early the postulated fission product release,
information collection requirements site permit are set forth in 10 CFR part using the expected demonstrable
contained in this part to the Office of 170.
1 The fission product release assumed for this
Management and Budget (OMB) for evaluation should be based upon a major accident,
§ 52.16 Contents of applications; general
approval as required by the Paperwork hypothesized for purposes of site analysis or
information.
Reduction Act (44 U.S.C. 3501 et seq.). postulated from considerations of possible
The NRC may not conduct or sponsor, The application must contain all of accidental events. Such accidents have generally
been assumed to result in substantial meltdown of
and a person is not required to respond the information required by 10 CFR the core with subsequent release into the
to, a collection of information unless it 50.33(a) through (d) and (j) of this containment of appreciable quantities of fission
displays a currently valid OMB control chapter. products.
containment leak rate and any fission and those corresponding techniques and inspections, tests, analyses, and
product cleanup systems intended to measures given in the SRP acceptance acceptance criteria.
mitigate the consequences of the criteria. Where such a difference exists, (4) Under paragraphs (b)(1) and
accidents, together with applicable site the evaluation shall discuss how the (b)(2)(i) of this section, the site safety
characteristics, including site proposed alternative provides an analysis report must include a
meteorology, to evaluate the offsite acceptable method of complying with description of contacts and
radiological consequences. Site the Commission’s regulations, or arrangements made with Federal, State,
characteristics must comply with part portions thereof, that underlie the and local governmental agencies with
100 of this chapter. The evaluation must corresponding SRP acceptance criteria. emergency planning responsibilities.
determine that: The SRP is not a substitute for the The site safety analysis report must
(A) An individual located at any point regulations, and compliance is not a contain any certifications that have been
on the boundary of the exclusion area requirement. obtained. If these certifications cannot
for any 2 hour period following the (2) A complete environmental report be obtained, the site safety analysis
onset of the postulated fission product as required by 10 CFR 51.50(b). report must contain information,
release, would not receive a radiation (b)(1) The site safety analysis report including a utility plan, sufficient to
dose in excess of 25 rem 2 total effective must identify physical characteristics of show that the proposed plans provide
dose equivalent (TEDE). the proposed site, such as egress reasonable assurance that adequate
(B) An individual located at any point limitations from the area surrounding protective measures can and will be
on the outer boundary of the low the site, that could pose a significant taken in the event of a radiological
population zone, who is exposed to the impediment to the development of emergency at the site. Under the option
radioactive cloud resulting from the emergency plans. If physical set forth in paragraph (b)(2)(ii) of this
postulated fission product release characteristics are identified that could section, the applicant shall make good
(during the entire period of its passage) pose a significant impediment to the faith efforts to obtain from the same
would not receive a radiation dose in development of emergency plans, the governmental agencies certifications
excess of 25 rem TEDE; application must identify measures that that:
(x) Information demonstrating that would, when implemented, mitigate or (i) The proposed emergency plans are
site characteristics are such that eliminate the significant impediment. practicable;
adequate security plans and measures (2) The site safety analysis report may (ii) These agencies are committed to
can be developed; also: participating in any further
(xi) For applications submitted after (i) Propose major features of the development of the plans, including any
September 27, 2007, a description of the emergency plans, in accordance with required field demonstrations, and
quality assurance program applied to the pertinent standards of 10 CFR 50.47, (iii) That these agencies are
site-related activities for the future and the requirements of appendix E to committed to executing their
design, fabrication, construction, and 10 CFR part 50, such as the exact size responsibilities under the plans in the
testing of the structures, systems, and and configuration of the emergency event of an emergency.
components of a facility or facilities that planning zones, for review and approval (c) If the applicant requests
may be constructed on the site. by NRC, in consultation with the authorization to perform activities at the
Appendix B to 10 CFR part 50 sets forth Department of Homeland Security site, which are identified in 10 CFR
the requirements for quality assurance (DHS) in the absence of complete and 50.10(e)(1), after issuance of the early
programs for nuclear power plants. The integrated emergency plans; or site permit and without a separate
description of the quality assurance (ii) Propose complete and integrated authorization under 10 CFR 50.10(e)(1),
program for a nuclear power plant site emergency plans for review and the applicant must identify the activities
shall include a discussion of how the approval by the NRC, in consultation that are requested, and propose a plan
applicable requirements of appendix B with DHS, in accordance with the for redress of the site in the event that
to part 50 of this chapter will be applicable standards of 10 CFR 50.47, the activities are performed and the
satisfied; and and the requirements of appendix E to early site permit expires before it is
(xii) An evaluation of the site against 10 CFR part 50. To the extent approval referenced in an application for a
applicable sections of the Standard of emergency plans is sought, the construction permit or a combined
Review Plan (SRP) revision in effect 6 application must contain the license. The application must
months before the docket date of the information required by §§ 50.33(g) and demonstrate that there is reasonable
application. The evaluation required by (j) of this chapter. assurance that redress carried out under
this section shall include an (3) Emergency plans submitted under the plan will achieve an
identification and description of all paragraph (b)(2)(ii) of this section must environmentally stable and aesthetically
differences in analytical techniques and include the proposed inspections, tests, acceptable site suitable for whatever
procedural measures proposed for a site and analyses that the holder of a non-nuclear use may conform with local
combined license referencing the early zoning laws.
2 A whole body dose of 25 rem has been stated site permit shall perform, and the
to correspond numerically to the once in a lifetime acceptance criteria that are necessary § 52.18 Standards for review of
accidental or emergency dose for radiation workers applications.
which, according to NCRP recommendations at the
and sufficient to provide reasonable
time could be disregarded in the determination of assurance that, if the inspections, tests, Applications filed under this subpart
their radiation exposure status (see NBS Handbook and analyses are performed and the will be reviewed according to the
69 dated June 5, 1959). However, its use is not acceptance criteria met, the facility has applicable standards set out in 10 CFR
intended to imply that this number constitutes an
acceptable limit for an emergency dose to the public
been constructed and will be operated part 50 and its appendices and 10 CFR
under accident conditions. Rather, this dose value in conformity with the emergency plans, part 100. In addition, the Commission
has been set forth in this section as a reference the provisions of the Act, and the shall prepare an environmental impact
value, which can be used in the evaluation of plant Commission’s rules and regulations. statement during review of the
design features with respect to postulated reactor
accidents, to assure that these designs provide
Major features of an emergency plan application, in accordance with the
assurance of low risk of public exposure to submitted under paragraph (b)(2)(i) of applicable provisions of 10 CFR part 51.
radiation, in the event of an accidents. this section may include proposed The Commission shall determine, after
consultation with DHS, whether the (1) An application for an early site thereof, the holder of the permit shall
information required of the applicant by permit meets the applicable standards carry out the redress plan to the greatest
§ 52.17(b)(1) shows that there is no and requirements of the Act and the extent possible consistent with the
significant impediment to the Commission’s regulations; alternate use.
development of emergency plans that (2) Notifications, if any, to other
agencies or bodies have been duly § 52.27 Duration of permit.
cannot be mitigated or eliminated by
measures proposed by the applicant, made; (a) Except as provided in paragraph
whether any major features of (3) There is reasonable assurance that (b) of this section, an early site permit
emergency plans submitted by the the site is in conformity with the issued under this subpart may be valid
applicant under § 52.17(b)(2)(i) are provisions of the Act, and the for not less than 10, nor more than 20
acceptable in accordance with the Commission’s regulations; years from the date of issuance.
applicable standards of 10 CFR 50.47 (4) The applicant is technically (b) An early site permit continues to
qualified to engage in any activities be valid beyond the date of expiration
and the requirements of appendix E to
authorized; in any proceeding on a construction
10 CFR part 50, and whether any
(5) The proposed inspections, tests, permit application or a combined
emergency plans submitted by the
analyses and acceptance criteria, license application that references the
applicant under § 52.17(b)(2)(ii) provide
including any on emergency planning, early site permit and is docketed before
reasonable assurance that adequate
are necessary and sufficient, within the the date of expiration of the early site
protective measures can and will be
scope of the early site permit, to provide permit, or, if a timely application for
taken in the event of a radiological
reasonable assurance that the facility renewal of the permit has been
emergency.
has been constructed and will be docketed, before the Commission has
§ 52.21 Administrative review of operated in conformity with the license, determined whether to renew the
applications; hearings. the provisions of the Act, and the permit.
An early site permit is subject to all Commission’s regulations; (c) An applicant for a construction
procedural requirements in 10 CFR part (6) Issuance of the permit will not be permit or combined license may, at its
2, including the requirements for inimical to the common defense and own risk, reference in its application a
docketing in § 2.101(a)(1) through (4) of security or to the health and safety of site for which an early site permit
this chapter, and the requirements for the public; application has been docketed but not
issuance of a notice of hearing in (7) Any significant adverse granted.
environmental impact resulting from (d) Upon issuance of a construction
§§ 2.104(a) and (d) of this chapter,
activities requested under § 52.17(c) can permit or combined license, a
provided that the designated sections
be redressed; and referenced early site permit is
may not be construed to require that the
(8) The findings required by subpart subsumed, to the extent referenced, into
environmental report, or draft or final
A of 10 CFR part 51 have been made. the construction permit or combined
environmental impact statement include
(b) The early site permit must specify license.
an assessment of the benefits of
construction and operation of the the site characteristics, design § 52.28 Transfer of early site permit.
reactor or reactors, or an analysis of parameters, and terms and conditions of An application to transfer an early site
alternative energy sources. The the early site permit the Commission permit will be processed under 10 CFR
presiding officer in an early site permit deems appropriate. Before issuance of 50.80.
hearing shall not admit contentions either a construction permit or
proffered by any party concerning an combined license referencing an early § 52.29 Application for renewal.
assessment of the benefits of site permit, the Commission shall find (a) Not less than 12, nor more than 36
construction and operation of the that any relevant terms and conditions months before the expiration date stated
reactor or reactors, or an analysis of of the early site permit have been met. in the early site permit, or any later
alternative energy sources if those issues Any terms or conditions of the early site renewal period, the permit holder may
were not addressed by the applicant in permit that could not be met by the time apply for a renewal of the permit. An
the early site permit application. All of issuance of the construction permit or application for renewal must contain all
hearings conducted on applications for combined license, must be set forth as information necessary to bring up to
early site permits filed under this part terms or conditions of the construction date the information and data contained
are governed by the procedures permit or combined license. in the previous application.
contained in subparts C, G, L, and N of (c) The early site permit shall specify (b) Any person whose interests may
10 CFR part 2, as applicable. the activities under § 52.17(c) that the be affected by renewal of the permit
permit holder is authorized to perform. may request a hearing on the
§ 52.23 Referral to the Advisory Committee application for renewal. The request for
on Reactor Safeguards (ACRS). § 52.25 Extent of activities permitted. a hearing must comply with 10 CFR
The Commission shall refer a copy of If the activities authorized by 2.309. If a hearing is granted, notice of
the application for an early site permit § 52.24(c) are performed and the site is the hearing will be published in
to the ACRS. The ACRS shall report on not referenced in an application for a accordance with 10 CFR 2.309.
those portions of the application which construction permit or a combined (c) An early site permit, either original
concern safety. license issued under subpart C of this or renewed, for which a timely
part while the permit remains valid, application for renewal has been filed,
§ 52.24 Issuance of early site permit. then the early site permit remains in remains in effect until the Commission
(a) After conducting a hearing under effect solely for the purpose of site has determined whether to renew the
§ 52.21 and receiving the report to be redress, and the holder of the permit permit. If the permit is not renewed, it
submitted by the ACRS under § 52.23, shall redress the site in accordance with continues to be valid in certain
the Commission may issue an early site the terms of the site redress plan proceedings in accordance with the
permit, in the form the Commission required by § 52.17(c). If, before redress provisions of § 52.27(b).
deems appropriate, if the Commission is complete, a use not envisaged in the (d) The Commission shall refer a copy
finds that: redress plan is found for the site or parts of the application for renewal to the
ACRS. The ACRS shall report on those § 52.39 Finality of early site permit shall update the emergency
portions of the application which determinations. preparedness information that was
concern safety and shall apply the (a) Commission finality. (1) provided under § 52.17(b), and discuss
criteria set forth in § 52.31. Notwithstanding any provision in 10 whether the updated information
CFR 50.109, while an early site permit materially changes the bases for
§ 52.31 Criteria for renewal. is in effect under §§ 52.27 or 52.33, the compliance with applicable NRC
(a) The Commission shall grant the Commission may not change or impose requirements.
renewal if it determines that: new site characteristics, design (c) Hearings and petitions. (1) In any
(1) The site complies with the Act, the parameters, or terms and conditions, proceeding for the issuance of a
Commission’s regulations, and orders including emergency planning construction permit, operating license,
applicable and in effect at the time the requirements, on the early site permit or combined license referencing an early
site permit was originally issued; and unless the Commission: site permit, contentions on the
(2) Any new requirements the (i) Determines that a modification is following matters may be litigated in the
Commission may wish to impose are: necessary to bring the permit or the site same manner as other issues material to
(i) Necessary for adequate protection into compliance with the Commission’s the proceeding:
to public health and safety or common regulations and orders applicable and in (i) The nuclear power reactor
defense and security; effect at the time the permit was issued; proposed to be built does not fit within
(ii) Necessary for compliance with the (ii) Determines the modification is one or more of the site characteristics or
Commission’s regulations, and orders necessary to assure adequate protection design parameters included in the early
applicable and in effect at the time the of the public health and safety or the site permit;
site permit was originally issued; or common defense and security; (ii) One or more of the terms and
(iii) A substantial increase in overall (iii) Determines that a modification is conditions of the early site permit have
protection of the public health and necessary based on an update under not been met;
safety or the common defense and paragraph (b) of this section; or (iii) A variance requested under
security to be derived from the new (iv) Issues a variance requested under paragraph (d) of this section is
requirements, and the direct and paragraph (d) of this section. unwarranted or should be modified;
indirect costs of implementation of (2) In making the findings required for (iv) New or additional information is
those requirements are justified in view issuance of a construction permit or provided in the application that
of this increased protection. combined license, or the findings substantially alters the bases for a
(b) A denial of renewal for failure to required by § 52.103, or in any previous NRC conclusion or constitutes
comply with the provisions of § 52.31(a) enforcement hearing other than one a sufficient basis for the Commission to
does not bar the permit holder or initiated by the Commission under modify or impose new terms and
another applicant from filing a new paragraph (a)(1) of this section, if the conditions related to emergency
application for the site which proposes
application for the construction permit preparedness; or
changes to the site or the way that it is (v) Any significant environmental
or combined license references an early
used to correct the deficiencies cited in issue that was not resolved in the early
site permit, the Commission shall treat
the denial of the renewal. site permit proceeding, or any issue
as resolved those matters resolved in the
§ 52.33 Duration of renewal. proceeding on the application for involving the impacts of construction
Each renewal of an early site permit issuance or renewal of the early site and operation of the facility that was
may be for not less than 10, nor more permit, except as provided for in resolved in the early site permit
than 20 years, plus any remaining years paragraphs (b), (c), and (d) of this proceeding for which significant new
on the early site permit then in effect section. information has been identified.
before renewal. (i) If the early site permit approved an (2) Any person may file a petition
emergency plan (or major features requesting that the site characteristics,
§ 52.35 Use of site for other purposes. thereof) that is in use by a licensee of design parameters, or terms and
A site for which an early site permit a nuclear power plant, the Commission conditions of the early site permit
has been issued under this subpart may shall treat as resolved changes to the should be modified, or that the permit
be used for purposes other than those early site permit emergency plan (or should be suspended or revoked. The
described in the permit, including the major features thereof) that are identical petition will be considered in
location of other types of energy to changes made to the licensee’s accordance with § 2.206 of this chapter.
facilities. The permit holder shall emergency plans in compliance with Before construction commences, the
inform the Director of New Reactors or § 50.54(q) of this chapter occurring after Commission shall consider the petition
the Director of Nuclear Reactor issuance of the early site permit. and determine whether any immediate
Regulation, as appropriate, (Director) of (ii) If the early site permit approved action is required. If the petition is
any significant uses for the site which an emergency plan (or major features granted, an appropriate order will be
have not been approved in the early site thereof) that is not in use by a licensee issued. Construction under the
permit. The information about the of a nuclear power plant, the construction permit or combined license
activities must be given to the Director Commission shall treat as resolved will not be affected by the granting of
at least 30 days in advance of any actual changes that are equivalent to those that the petition unless the order is made
construction or site modification for the could be made under § 50.54(q) of this immediately effective. Any change
activities. The information provided chapter without prior NRC approval had required by the Commission in response
could be the basis for imposing new the emergency plan been in use by a to the petition must meet the
requirements on the permit, in licensee. requirements of paragraph (a)(1) of this
accordance with the provisions of (b) Updating of early site permit- section.
§ 52.39. If the permit holder informs the emergency preparedness. An applicant (d) Variances. An applicant for a
Director that the holder no longer for a construction permit, operating construction permit, operating license,
intends to use the site for a nuclear license, or combined license who has or combined license referencing an early
power plant, the Director may terminate filed an application referencing an early site permit may include in its
the permit. site permit issued under this subpart application a request for a variance from
one or more site characteristics, design inherent, passive, or other innovative and construction and installation
parameters, or terms and conditions of means to accomplish its safety specifications by an applicant. The
the early site permit, or from the site functions. Commission will require, before design
safety analysis report. In determining certification, that information normally
§ 52.43 Relationship to other subparts. contained in certain procurement
whether to grant the variance, the
Commission shall apply the same (a) This subpart applies to a person specifications and construction and
technically relevant criteria applicable that requests a standard design installation specifications be completed
to the application for the original or certification from the NRC separately and available for audit if the
renewed early site permit. Once a from an application for a combined information is necessary for the
construction permit or combined license license filed under subpart C of this part Commission to make its safety
referencing an early site permit is for a nuclear power facility. An determination.
issued, variances from the early site applicant for a combined license may (a) The application must contain a
permit will not be granted for that reference a standard design certification. final safety analysis report (FSAR) that
(b) Subpart E of this part governs the describes the facility, presents the
construction permit or combined
NRC staff review and approval of a final design bases and the limits on its
license.
(e) Early site permit amendment. The standard design. Subpart E may be used operation, and presents a safety analysis
holder of an early site permit may not independently of the provisions in this of the structures, systems, and
make changes to the early site permit, subpart. components and of the facility as a
(c) Subpart F of this part governs the whole, and must include the following
including the site safety analysis report,
issuance of licenses to manufacture information:
without prior Commission approval.
nuclear power reactors to be installed (1) The site parameters postulated for
The request for a change to the early site
and operated at sites not identified in the design, and an analysis and
permit must be in the form of an
the manufacturing license application. evaluation of the design in terms of
application for a license amendment,
Subpart F may be used independently of those site parameters;
and must meet the requirements of 10
the provisions in this subpart. However, (2) A description and analysis of the
CFR 50.90 and 50.92.
(f) Information requests. Except for an applicant for a manufacturing license structures, systems, and components
information requests seeking to verify under subpart F may reference a design (SSCs) of the facility, with emphasis
compliance with the current licensing certification. upon performance requirements, the
basis of the early site permit, bases, with technical justification
§ 52.45 Filing of applications.
information requests to the holder of an therefor, upon which these
(a) An application for design requirements have been established, and
early site permit must be evaluated certification may be filed
before issuance to ensure that the the evaluations required to show that
notwithstanding the fact that an safety functions will be accomplished. It
burden to be imposed on respondents is application for a construction permit,
justified in view of the potential safety is expected that the standard plant will
combined license, or manufacturing reflect through its design, construction,
significance of the issue to be addressed license for such a facility has not been
in the requested information. Each and operation an extremely low
filed. probability for accidents that could
evaluation performed by the NRC staff (b) The application must comply with
must be in accordance with 10 CFR result in the release of significant
the applicable filing requirements of quantities of radioactive fission
50.54(f), and must be approved by the §§ 52.3 and §§ 2.811 through 2.819 of
Executive Director for Operations or his products. The description shall be
this chapter. sufficient to permit understanding of the
or her designee before issuance of the (c) The fees associated with the
request. system designs and their relationship to
review of an application for the initial the safety evaluations. Such items as the
issuance or renewal of a standard design reactor core, reactor coolant system,
Subpart B—Standard Design certification are set forth in 10 CFR part
Certifications instrumentation and control systems,
170. electrical systems, containment system,
§ 52.41 Scope of subpart. § 52.46 Contents of applications; general other engineered safety features,
(a) This subpart sets forth the information. auxiliary and emergency systems, power
requirements and procedures applicable The application must contain all of conversion systems, radioactive waste
to Commission issuance of rules the information required by 10 CFR handling systems, and fuel handling
granting standard design certifications 50.33(a) through (c) and (j). systems shall be discussed insofar as
for nuclear power facilities separate they are pertinent. The following power
from the filing of an application for a § 52.47 Contents of applications; technical reactor design characteristics will be
construction permit or combined license information. taken into consideration by the
for such a facility. The application must contain a level Commission:
(b)(1) Any person may seek a standard of design information sufficient to (i) Intended use of the reactor
design certification for an essentially enable the Commission to judge the including the proposed maximum
complete nuclear power plant design applicant’s proposed means of assuring power level and the nature and
which is an evolutionary change from that construction conforms to the design inventory of contained radioactive
light water reactor designs of plants and to reach a final conclusion on all materials;
which have been licensed and in safety questions associated with the (ii) The extent to which generally
commercial operation before April 18, design before the certification is accepted engineering standards are
1989. granted. The information submitted for applied to the design of the reactor;
(2) Any person may also seek a a design certification must include (iii) The extent to which the reactor
standard design certification for a performance requirements and design incorporates unique, unusual or
nuclear power plant design which information sufficiently detailed to enhanced safety features having a
differs significantly from the light water permit the preparation of acceptance significant bearing on the probability or
reactor designs described in paragraph and inspection requirements by the consequences of accidental release of
(b)(1) of this section or uses simplified, NRC, and procurement specifications radioactive materials; and
(iv) The safety features that are to be the principal design criteria for water- features, techniques, and measures
engineered into the facility and those cooled nuclear power plants similar in given in the SRP acceptance criteria.
barriers that must be breached as a design and location to plants for which Where a difference exists, the evaluation
result of an accident before a release of construction permits have previously shall discuss how the proposed
radioactive material to the environment been issued by the Commission and alternative provides an acceptable
can occur. Special attention must be provides guidance to applicants in method of complying with the
directed to plant design features establishing principal design criteria for Commission’s regulations, or portions
intended to mitigate the radiological other types of nuclear power units; thereof, that underlie the corresponding
consequences of accidents. In (ii) The design bases and the relation SRP acceptance criteria. The SRP is not
performing this assessment, an of the design bases to the principal a substitute for the regulations, and
applicant shall assume a fission product design criteria; compliance is not a requirement.
release 3 from the core into the (iii) Information relative to materials (10) The information with respect to
containment assuming that the facility of construction, general arrangement, the design of equipment to maintain
is operated at the ultimate power level and approximate dimensions, sufficient control over radioactive materials in
contemplated. The applicant shall to provide reasonable assurance that the gaseous and liquid effluents produced
perform an evaluation and analysis of design will conform to the design bases during normal reactor operations
the postulated fission product release, with an adequate margin for safety; described in 10 CFR 50.34a(e);
using the expected demonstrable (4) An analysis and evaluation of the (11) Proposed technical specifications
containment leak rate and any fission design and performance of structures, prepared in accordance with the
product cleanup systems intended to systems, and components with the requirements of §§ 50.36 and 50.36a of
mitigate the consequences of the objective of assessing the risk to public this chapter;
accidents, together with applicable health and safety resulting from (12) An analysis and description of
postulated site parameters, including operation of the facility and including the equipment and systems for
site meteorology, to evaluate the offsite determination of the margins of safety combustible gas control as required by
radiological consequences. The during normal operations and transient 10 CFR 50.44;
evaluation must determine that: conditions anticipated during the life of (13) The list of electric equipment
(A) An individual located at any point the facility, and the adequacy of important to safety that is required by
on the boundary of the exclusion area structures, systems, and components 10 CFR 50.49(d);
for any 2-hour period following the provided for the prevention of accidents (14) A description of protection
onset of the postulated fission product and the mitigation of the consequences provided against pressurized thermal
release, would not receive a radiation of accidents. Analysis and evaluation of shock events, including projected values
dose in excess of 25 rem 4 total effective emergency core cooling system (ECCS) of the reference temperature for reactor
dose equivalent (TEDE); cooling performance and the need for vessel beltline materials as defined in 10
(B) An individual located at any point high-point vents following postulated CFR 50.60 and 50.61;
loss-of-coolant accidents shall be (15) Information demonstrating how
on the outer boundary of the low
performed in accordance with the the applicant will comply with
population zone, who is exposed to the
requirements of §§ 50.46 and 50.46a of requirements for reduction of risk from
radioactive cloud resulting from the
this chapter; anticipated transients without scram
postulated fission product release
(5) The kinds and quantities of events in § 50.62;
(during the entire period of its passage)
radioactive materials expected to be (16) A coping analysis, and any
would not receive a radiation dose in
produced in the operation and the design features necessary to address
excess of 25 rem TEDE;
means for controlling and limiting station blackout, as required by 10 CFR
(3) The design of the facility
radioactive effluents and radiation 50.63;
including: (17) Information demonstrating how
exposures within the limits set forth in
(i) The principal design criteria for the the applicant will comply with
part 20 of this chapter;
facility. Appendix A to 10 CFR part 50, (6) The information required by requirements for criticality accidents in
general design criteria (GDC), § 20.1406 of this chapter; § 50.68(b)(2)–(b)(4);
establishes minimum requirements for (7) The technical qualifications of the (18) A description and analysis of the
applicant to engage in the proposed fire protection design features for the
evaluation should be based upon a major accident, activities in accordance with the standard plant necessary to comply with
hypothesized for purposes of site analysis or regulations in this chapter; 10 CFR part 50, appendix A, GDC 3, and
postulated from considerations of possible (8) The information necessary to § 50.48 of this chapter;
accidental events. These accidents have generally demonstrate compliance with any (19) A description of the quality
been assumed to result in substantial meltdown of
the core with subsequent release into the
technically relevant portions of the assurance program applied to the design
containment of appreciable quantities of fission Three Mile Island requirements set forth of the structures, systems, and
products. in 10 CFR 50.34(f), except paragraphs components of the facility. Appendix B
4 A whole body dose of 25 rem has been stated
(f)(1)(xii), (f)(2)(ix), and (f)(3)(v); to 10 CFR part 50, ‘‘Quality Assurance
to correspond numerically to the once in a lifetime (9) For applications for light-water- Criteria for Nuclear Power Plants and
accidental or emergency dose for radiation workers
which, according to NCRP recommendations at the
cooled nuclear power plants, an Fuel Reprocessing Plants,’’ sets forth the
time could be disregarded in the determination of evaluation of the standard plant design requirements for quality assurance
their radiation exposure status (see NBS Handbook against the Standard Review Plan (SRP) programs for nuclear power plants. The
69 dated June 5, 1959). However, its use is not revision in effect 6 months before the description of the quality assurance
intended to imply that this number constitutes an
acceptable limit for an emergency dose to the public
docket date of the application. The program for a nuclear power plant shall
under accident conditions. This dose value has evaluation required by this section shall include a discussion of how the
been set forth in this section as a reference value, include an identification and applicable requirements of appendix B
which can be used in the evaluation of plant design description of all differences in design to 10 CFR part 50 were satisfied;
features with respect to postulated reactor
accidents, to assure that these designs provide
features, analytical techniques, and (20) The information necessary to
assurance of low risk of public exposure to procedural measures proposed for the demonstrate that the standard plant
radiation, in the event of an accident. design and those corresponding complies with the earthquake
engineering criteria in 10 CFR part 50, evolutionary change from light-water (b) Following the submission of
appendix S; reactor designs of plants that have been comments on the proposed design
(21) Proposed technical resolutions of licensed and in commercial operation certification rule, the Commission may,
those Unresolved Safety Issues and before April 18, 1989, must provide an at its discretion, hold a legislative
medium- and high-priority generic essentially complete nuclear power hearing under the procedures in subpart
safety issues which are identified in the plant design except for site-specific O of part 2 of this chapter. The
version of NUREG–0933 current on the elements such as the service water Commission shall publish a document
date up to 6 months before the docket intake structure and the ultimate heat in the Federal Register of its decision to
date of the application and which are sink; hold a legislative hearing. The
technically relevant to the design; (2) An application for certification of document shall contain the information
(22) The information necessary to a nuclear power reactor design that specified in paragraph (c) of this
demonstrate how operating experience differs significantly from the light-water section, and specify whether the
insights have been incorporated into the reactor designs described in paragraph Commission or a presiding officer will
plant design; (c)(1) of this section or uses simplified, conduct the legislative hearing.
(23) For light-water reactor designs, a inherent, passive, or other innovative (c) Notwithstanding anything in 10
description and analysis of design means to accomplish its safety functions CFR 2.390 to the contrary, proprietary
features for the prevention and must provide an essentially complete information will be protected in the
mitigation of severe accidents, e.g., nuclear power reactor design except for same manner and to the same extent as
challenges to containment integrity site-specific elements such as the proprietary information submitted in
caused by core-concrete interaction, service water intake structure and the connection with applications for
steam explosion, high-pressure core ultimate heat sink, and must meet the licenses, provided that the design
melt ejection, hydrogen combustion, requirements of 10 CFR 50.43(e); and certification shall be published in
and containment bypass; (3) An application for certification of Chapter I of this title.
(24) A representative conceptual a modular nuclear power reactor design
design for those portions of the plant for must describe and analyze the possible § 52.53 Referral to the Advisory Committee
which the application does not seek on Reactor Safeguards (ACRS).
operating configurations of the reactor
certification, to aid the NRC in its modules with common systems, The Commission shall refer a copy of
review of the FSAR and to permit interface requirements, and system the application to the ACRS. The ACRS
assessment of the adequacy of the interactions. The final safety analysis shall report on those portions of the
interface requirements in paragraph must also account for differences among application which concern safety.
(a)(25) of this section; the configurations, including any § 52.54 Issuance of standard design
(25) The interface requirements to be restrictions that will be necessary certification.
met by those portions of the plant for during the construction and startup of a
which the application does not seek (a) After conducting a rulemaking
given module to ensure the safe proceeding under § 52.51 on an
certification. These requirements must operation of any module already
be sufficiently detailed to allow application for a standard design
operating. certification and receiving the report to
completion of the FSAR;
(26) Justification that compliance with § 52.48 Standards for review of be submitted by the Advisory
the interface requirements of paragraph applications. Committee on Reactor Safeguards under
(a)(25) of this section is verifiable Applications filed under this subpart § 52.53, the Commission may issue a
through inspections, tests, or analyses. will be reviewed for compliance with standard design certification in the form
The method to be used for verification the standards set out in 10 CFR parts 20, of a rule for the design which is the
of interface requirements must be 50 and its appendices, 51, 73, and 100. subject of the application, if the
included as part of the proposed ITAAC Commission determines that:
§ 52.51 Administrative review of (1) The application meets the
required by paragraph (b)(1) of this
applications. applicable standards and requirements
section; and
(27) A description of the design- (a) A standard design certification is of the Atomic Energy Act and the
specific probabilistic risk assessment a rule that will be issued in accordance Commission’s regulations;
(PRA) and its results. with the provisions of subpart H of 10 (2) Notifications, if any, to other
(b) The application must also contain: CFR part 2, as supplemented by the agencies or bodies have been duly
(1) The proposed inspections, tests, provisions of this section. The made;
analyses, and acceptance criteria that Commission shall initiate the (3) There is reasonable assurance that
are necessary and sufficient to provide rulemaking after an application has the standard design conforms with the
reasonable assurance that, if the been filed under § 52.45 and shall provisions of the Act, and the
inspections, tests, and analyses are specify the procedures to be used for the Commission’s regulations;
performed and the acceptance criteria rulemaking. The notice of proposed (4) The applicant is technically
met, a facility that incorporates the rulemaking published in the Federal qualified;
design certification has been Register must provide an opportunity (5) The proposed inspections, tests,
constructed and will be operated in for the submission of comments on the analyses, and acceptance criteria are
conformity with the design certification, proposed design certification rule. If, at necessary and sufficient, within the
the provisions of the Act, and the the time a proposed design certification scope of the standard design, to provide
Commission’s rules and regulations; and rule is published in the Federal Register reasonable assurance that, if the
(2) An environmental report as under this paragraph (a), the inspections, tests, and analyses are
required by 10 CFR 51.55. Commission decides that a legislative performed and the acceptance criteria
(c) This paragraph applies, according hearing should be held, the information met, the facility has been constructed
to its provisions, to particular required by 10 CFR 2.1502(c) must be and will be operated in accordance with
applications: included in the Federal Register the design certification, the provisions
(1) An application for certification of document for the proposed design of the Act, and the Commission’s
a nuclear power reactor design that is an certification. regulations;
(6) Issuance of the standard design renewal of certification, that to the design certification that an
certification will not be inimical to the information normally contained in essentially new standard design is being
common defense and security or to the certain procurement specifications and proposed, an application for a design
health and safety of the public; construction and installation certification must be filed in accordance
(7) The findings required by subpart specifications be completed and with this subpart.
A of part 51 of this chapter have been available for audit if this information is (d) Denial of renewal does not bar the
made; and necessary for the Commission to make applicant, or another applicant, from
(8) The applicant has implemented its safety determination. Notice and filing a new application for certification
the quality assurance program described comment procedures must be used for a of the design, which proposes design
or referenced in the safety analysis rulemaking proceeding on the changes that correct the deficiencies
report. application for renewal. The cited in the denial of the renewal.
(b) The design certification rule must Commission, in its discretion, may
specify the site parameters, design § 52.61 Duration of renewal.
require the use of additional procedures
characteristics, and any additional in individual renewal proceedings. Each renewal of certification for a
requirements and restrictions of the (b) A design certification, either standard design will be for not less than
design certification rule. original or renewed, for which a timely 10, nor more than 15 years.
(c) After the Commission has adopted application for renewal has been filed § 52.63 Finality of standard design
a final design certification rule, the remains in effect until the Commission certifications.
applicant shall not permit any has determined whether to renew the
individual to have access to or any (a)(1) Notwithstanding any provision
certification. If the certification is not
facility to possess restricted data or in 10 CFR 50.109, while a standard
renewed, it continues to be valid in
classified National Security Information design certification rule is in effect
certain proceedings, in accordance with
until the individual and/or facility has under §§ 52.55 or 52.61, the
the provisions of § 52.55.
been approved for access under the (c) The Commission shall refer a copy Commission may not modify, rescind,
provisions of 10 CFR parts 25 and/or 95, of the application for renewal to the or impose new requirements on the
as applicable. Advisory Committee on Reactor certification information, whether on its
Safeguards (ACRS). The ACRS shall own motion, or in response to a petition
§ 52.55 Duration of certification.
report on those portions of the from any person, unless the
(a) Except as provided in paragraph application which concern safety and Commission determines in a rulemaking
(b) of this section, a standard design shall apply the criteria set forth in that the change:
certification issued under this subpart is (i) Is necessary either to bring the
§ 52.59.
valid for 15 years from the date of certification information or the
issuance. § 52.59 Criteria for renewal. referencing plants into compliance with
(b) A standard design certification (a) The Commission shall issue a rule the Commission’s regulations applicable
continues to be valid beyond the date of granting the renewal if the design, either and in effect at the time the certification
expiration in any proceeding on an as originally certified or as modified was issued;
application for a combined license or an during the rulemaking on the renewal, (ii) Is necessary to provide adequate
operating license that references the complies with the Atomic Energy Act protection of the public health and
standard design certification and is and the Commission’s regulations safety or the common defense and
docketed either before the date of applicable and in effect at the time the security;
expiration of the certification, or, if a certification was issued. (iii) Reduces unnecessary regulatory
timely application for renewal of the (b) The Commission may impose burden and maintains protection to
certification has been filed, before the other requirements if it determines that: public health and safety and the
Commission has determined whether to (1) They are necessary for adequate common defense and security;
renew the certification. A design protection to public health and safety or (iv) Provides the detailed design
certification also continues to be valid common defense and security; information to be verified under those
beyond the date of expiration in any (2) They are necessary for compliance inspections, tests, analyses, and
hearing held under § 52.103 before with the Commission’s regulations and acceptance criteria (ITAAC) which are
operation begins under a combined orders applicable and in effect at the directed at certification information
license that references the design time the design certification was issued; (i.e., design acceptance criteria);
certification. or (v) Is necessary to correct material
(c) An applicant for a construction (3) There is a substantial increase in errors in the certification information;
permit or a combined license may, at its overall protection of the public health (vi) Substantially increases overall
own risk, reference in its application a and safety or the common defense and safety, reliability, or security of facility
design for which a design certification security to be derived from the new design, construction, or operation, and
application has been docketed but not requirements, and the direct and the direct and indirect costs of
granted. indirect costs of implementing those implementation of the rule change are
requirements are justified in view of this justified in view of this increased safety,
§ 52.57 Application for renewal. increased protection. reliability, or security; or
(a) Not less than 12 nor more than 36 (c) In addition, the applicant for (vii) Contributes to increased
months before the expiration of the renewal may request an amendment to standardization of the certification
initial 15-year period, or any later the design certification. The information.
renewal period, any person may apply Commission shall grant the amendment (2)(i) In a rulemaking under
for renewal of the certification. An request if it determines that the § 52.63(a)(1), except for § 52.63(a)(1)(ii),
application for renewal must contain all amendment will comply with the the Commission will give consideration
information necessary to bring up to Atomic Energy Act and the to whether the benefits justify the costs
date the information and data contained Commission’s regulations in effect at the for plants that are already licensed or for
in the previous application. The time of renewal. If the amendment which an application for a permit or
Commission will require, before request entails such an extensive change license is under consideration.
(ii) The rulemaking procedures for certification rule may make departures determination that the application is
changes under § 52.63(a)(1) must from the design of the nuclear power consistent with the certification
provide for notice and opportunity for facility, without prior Commission information.
public comment. approval, unless the proposed departure
(3) Any modification the NRC involves a change to the design as § 52.75 Filing of applications.
imposes on a design certification rule described in the rule certifying the (a) Any person except one excluded
under paragraph (a)(1) of this section design. The licensee shall maintain by 10 CFR 50.38 may file an application
will be applied to all plants referencing records of all departures from the for a combined license for a nuclear
the certified design, except those to facility and these records must be power facility with the Director of New
which the modification has been maintained and available for audit until Reactors or the Director of Nuclear
rendered technically irrelevant by the date of termination of the license. Reactor Regulation, as appropriate.
action taken under paragraphs (a)(4) or (c) The Commission will require, (b) The application must comply with
(b)(1) of this section. before granting a construction permit, the applicable filing requirements of
(4) The Commission may not impose combined license, operating license, or §§ 52.3 and 50.30 of this chapter.
new requirements by plant-specific manufacturing license which references (c) The fees associated with the filing
order on any part of the design of a a design certification rule, that and review of the application are set
specific plant referencing the design information normally contained in forth in 10 CFR part 170.
certification rule if that part was certain procurement specifications and
approved in the design certification § 52.77 Contents of applications; general
construction and installation information.
while a design certification rule is in specifications be completed and
effect under § 52.55 or § 52.61, unless: available for audit if the information is The application must contain all of
(i) A modification is necessary to necessary for the Commission to make the information required by 10 CFR
secure compliance with the its safety determinations, including the 50.33.
Commission’s regulations applicable determination that the application is § 52.79 Contents of applications; technical
and in effect at the time the certification consistent with the certification information in final safety analysis report.
was issued, or to assure adequate information. This information may be
protection of the public health and (a) The application must contain a
acquired by appropriate arrangements final safety analysis report that
safety or the common defense and with the design certification applicant.
security; and describes the facility, presents the
(ii) Special circumstances as defined design bases and the limits on its
Subpart C—Combined Licenses
in 10 CFR 52.7 are present. In addition operation, and presents a safety analysis
to the factors listed in § 52.7, the § 52.71 Scope of subpart. of the structures, systems, and
Commission shall consider whether the This subpart sets out the requirements components of the facility as a whole.
special circumstances which § 52.7 and procedures applicable to The final safety analysis report shall
requires to be present outweigh any Commission issuance of combined include the following information, at a
decrease in safety that may result from licenses for nuclear power facilities. level of information sufficient to enable
the reduction in standardization caused the Commission to reach a final
by the plant-specific order. § 52.73 Relationship to other subparts. conclusion on all safety matters that
(5) Except as provided in 10 CFR (a) An application for a combined must be resolved by the Commission
2.335, in making the findings required license under this subpart may, but before issuance of a combined license:
for issuance of a combined license, need not, reference a standard design (1)(i) The boundaries of the site;
construction permit, operating license, certification, standard design approval, (ii) The proposed general location of
or manufacturing license, or for any or manufacturing license issued under each facility on the site;
hearing under § 52.103, the Commission subparts B, E, or F of this part, (iii) The seismic, meteorological,
shall treat as resolved those matters respectively, or an early site permit hydrologic, and geologic characteristics
resolved in connection with the issued under subpart A of this part. In of the proposed site with appropriate
issuance or renewal of a design the absence of a demonstration that an consideration of the most severe of the
certification rule. entity other than the one originally natural phenomena that have been
(b)(1) An applicant or licensee who sponsoring and obtaining a design historically reported for the site and
references a design certification rule certification is qualified to supply a surrounding area and with sufficient
may request an exemption from one or design, the Commission will entertain margin for the limited accuracy,
more elements of the certification an application for a combined license quantity, and time in which the
information. The Commission may grant that references a standard design historical data have been accumulated;
such a request only if it determines that certification issued under subpart B of (iv) The location and description of
the exemption will comply with the this part only if the entity that any nearby industrial, military, or
requirements of § 52.7. In addition to sponsored and obtained the certification transportation facilities and routes;
the factors listed in § 52.7, the supplies the design for the applicant’s (v) The existing and projected future
Commission shall consider whether the use. population profile of the area
special circumstances that § 52.7 (b) The Commission will require, surrounding the site;
requires to be present outweigh any before granting a combined license that (vi) A description and safety
decrease in safety that may result from references a standard design assessment of the site on which the
the reduction in standardization caused certification, that information normally facility is to be located. The assessment
by the exemption. The granting of an contained in certain procurement must contain an analysis and evaluation
exemption on request of an applicant is specifications and construction and of the major structures, systems, and
subject to litigation in the same manner installation specifications be completed components of the facility that bear
as other issues in the operating license and available for audit if the significantly on the acceptability of the
or combined license hearing. information is necessary for the site under the radiological consequence
(2) Subject to § 50.59 of this chapter, Commission to make its safety evaluation factors identified in
a licensee who references a design determinations, including the paragraphs (a)(1)(vi)(A) and (a)(1)(vi)(B)
of this section. In performing this significant quantities of radioactive design criteria for water-cooled nuclear
assessment, an applicant shall assume a fission products. The descriptions shall power plants similar in design and
fission product release 5 from the core be sufficient to permit understanding of location to plants for which
into the containment assuming that the the system designs and their construction permits have previously
facility is operated at the ultimate power relationship to safety evaluations. Items been issued by the Commission and
level contemplated. The applicant shall such as the reactor core, reactor coolant provides guidance to applicants in
perform an evaluation and analysis of system, instrumentation and control establishing principal design criteria for
the postulated fission product release, systems, electrical systems, containment other types of nuclear power units;
using the expected demonstrable system, other engineered safety features, (ii) The design bases and the relation
containment leak rate and any fission auxiliary and emergency systems, power of the design bases to the principal
product cleanup systems intended to conversion systems, radioactive waste design criteria;
mitigate the consequences of the handling systems, and fuel handling (iii) Information relative to materials
accidents, together with applicable site systems shall be discussed insofar as of construction, arrangement, and
characteristics, including site they are pertinent. The following power dimensions, sufficient to provide
meteorology, to evaluate the offsite reactor design characteristics and reasonable assurance that the design
radiological consequences. Site proposed operation will be taken into will conform to the design bases with
characteristics must comply with part consideration by the Commission: adequate margin for safety.
100 of this chapter. The evaluation must (i) Intended use of the reactor (5) An analysis and evaluation of the
determine that: including the proposed maximum design and performance of structures,
(A) An individual located at any point power level and the nature and systems, and components with the
on the boundary of the exclusion area inventory of contained radioactive objective of assessing the risk to public
for any 2-hour period following the materials; health and safety resulting from
onset of the postulated fission product (ii) The extent to which generally operation of the facility and including
release, would not receive a radiation accepted engineering standards are determination of the margins of safety
dose in excess of 25 rem 6 total effective applied to the design of the reactor; during normal operations and transient
dose equivalent (TEDE). (iii) The extent to which the reactor conditions anticipated during the life of
(B) An individual located at any point incorporates unique, unusual or the facility, and the adequacy of
on the outer boundary of the low enhanced safety features having a structures, systems, and components
population zone, who is exposed to the significant bearing on the probability or provided for the prevention of accidents
radioactive cloud resulting from the consequences of accidental release of and the mitigation of the consequences
postulated fission product release radioactive materials; of accidents. Analysis and evaluation of
(during the entire period of its passage) (iv) The safety features that are to be ECCS cooling performance and the need
would not receive a radiation dose in engineered into the facility and those for high-point vents following
excess of 25 rem TEDE; and barriers that must be breached as a postulated loss-of-coolant accidents
(2) A description and analysis of the result of an accident before a release of shall be performed in accordance with
structures, systems, and components of radioactive material to the environment the requirements of §§ 50.46 and 50.46a
the facility with emphasis upon can occur. Special attention must be of this chapter;
performance requirements, the bases, directed to plant design features (6) A description and analysis of the
with technical justification therefor, intended to mitigate the radiological fire protection design features for the
upon which these requirements have consequences of accidents. In reactor necessary to comply with 10
been established, and the evaluations performing this assessment, an CFR part 50, appendix A, GDC 3, and
required to show that safety functions applicant shall assume a fission product § 50.48 of this chapter;
release 7 from the core into the (7) A description of protection
will be accomplished. It is expected that
containment assuming that the facility provided against pressurized thermal
reactors will reflect through their
is operated at the ultimate power level shock events, including projected values
design, construction, and operation an
contemplated; of the reference temperature for reactor
extremely low probability for accidents
(3) The kinds and quantities of vessel beltline materials as defined in
that could result in the release of
radioactive materials expected to be §§ 50.60 and 50.61(b)(1) and (b)(2) of
5 The fission product release assumed for this produced in the operation and the this chapter;
evaluation should be based upon a major accident, (8) An analysis and description of the
means for controlling and limiting
hypothesized for purposes of site analysis or equipment and systems for combustible
postulated from considerations of possible
radioactive effluents and radiation
gas control as required by § 50.44 of this
accidental events. These accidents have generally exposures within the limits set forth in
chapter;
been assumed to result in substantial meltdown of part 20 of this chapter;
the core with subsequent release into the (9) The coping analyses, and any
(4) The design of the facility
containment of appreciable quantities of fission design features necessary to address
including:
products. station blackout, as described in § 50.63
6 A whole body dose of 25 rem has been stated (i) The principal design criteria for the
of this chapter;
to correspond numerically to the once in a lifetime facility. Appendix A to part 50 of this (10) A description of the program, and
accidental or emergency dose for radiation workers chapter, ‘‘General Design Criteria for its implementation, required by
which, according to NCRP recommendations at the Nuclear Power Plants,’’ establishes
time could be disregarded in the determination of § 50.49(a) of this chapter for the
their radiation exposure status (see NBS Handbook minimum requirements for the principal environmental qualification of electric
69 dated June 5, 1959). However, its use is not equipment important to safety and the
intended to imply that this number constitutes an 7 The fission product release assumed for this
acceptable limit for an emergency dose to the public evaluation should be based upon a major accident, list of electric equipment important to
under accident conditions. Rather, this dose value hypothesized for purposes of site analysis or safety that is required by 10 CFR
has been set forth in this section as a reference postulated from considerations of possible 50.49(d);
value, which can be used in the evaluation of plant accidental events. These accidents have generally (11) A description of the program(s),
design features with respect to postulated reactor been assumed to result in substantial meltdown of
accidents, to assure that these designs provide the core with subsequent release into the
and their implementation, necessary to
assurance of low risk of public exposure to containment of appreciable quantities of fission ensure that the systems and components
radiation, in the event of an accident. products. meet the requirements of the ASME
Boiler and Pressure Vessel Code and the development of the plans, including any requirements of §§ 50.36 and 50.36a of
ASME Code for Operation and required field demonstrations; and this chapter;
Maintenance of Nuclear Power Plants in (C) These agencies are committed to (31) For nuclear power plants to be
accordance with 50.55a of this chapter; executing their responsibilities under operated on multi-unit sites, an
(12) A description of the primary the plans in the event of an emergency; evaluation of the potential hazards to
containment leakage rate testing (ii) If certifications cannot be obtained the structures, systems, and components
program, and its implementation, after sustained, good faith efforts by the important to safety of operating units
necessary to ensure that the applicant, then the application must resulting from construction activities, as
containment meets the requirements of contain information, including a utility well as a description of the managerial
appendix J to 10 CFR part 50; plan, sufficient to show that the and administrative controls to be used
(13) A description of the reactor proposed plans provide reasonable to provide assurance that the limiting
vessel material surveillance program assurance that adequate protective conditions for operation are not
required by appendix H to 10 CFR part measures can and will be taken in the exceeded as a result of construction
50 and its implementation; event of a radiological emergency at the activities at the multi-unit sites;
(14) A description of the operator site. (32) The technical qualifications of
training program, and its (23) [Reserved] the applicant to engage in the proposed
implementation, necessary to meet the (24) If the application is for a nuclear activities in accordance with the
requirements of 10 CFR part 55; power reactor design which differs regulations in this chapter;
(15) A description of the program, and (33) A description of the training
significantly from light-water reactor
its implementation, for monitoring the program required by § 50.120 of this
designs that were licensed before 1997
effectiveness of maintenance necessary chapter and its implementation;
or use simplified, inherent, passive, or (34) A description and plans for
to meet the requirements of § 50.65 of other innovative means to accomplish
this chapter; implementation of an operator
their safety functions, the application requalification program. The operator
(16)(i) The information with respect to must describe how the design meets the
the design of equipment to maintain requalification program must as a
requirements in § 50.43(e) of this minimum, meet the requirements for
control over radioactive materials in chapter;
gaseous and liquid effluents produced those programs contained in § 55.59 of
(25) A description of the quality this chapter;
during normal reactor operations, as assurance program, applied to the
described in § 50.34a(d) of this chapter; (35)(i) A physical security plan,
design, and to be applied to the describing how the applicant will meet
(ii) A description of the process and
fabrication, construction, and testing, of the requirements of 10 CFR part 73 (and
effluent monitoring and sampling
the structures, systems, and components 10 CFR part 11, if applicable, including
program required by appendix I to 10
of the facility. Appendix B to 10 CFR the identification and description of
CFR part 50 and its implementation.
part 50 sets forth the requirements for jobs as required by § 11.11(a) of this
(17) The information with respect to
quality assurance programs for nuclear chapter, at the proposed facility). The
compliance with technically relevant
power plants. The description of the plan must list tests, inspections, audits,
positions of the Three Mile Island
quality assurance program for a nuclear and other means to be used to
requirements in § 50.34(f) of this
power plant must include a discussion demonstrate compliance with the
chapter, with the exception of
of how the applicable requirements of requirements of 10 CFR parts 11 and 73,
§§ 50.34(f)(1)(xii), (f)(2)(ix), and (f)(3)(v);
(18) If the applicant seeks to use risk- appendix B to 10 CFR part 50 have been if applicable;
informed treatment of SSCs in and will be satisfied, including a (ii) A description of the
accordance with § 50.69 of this chapter, discussion of how the quality assurance implementation of the physical security
the information required by § 50.69(b)(2) program will be implemented; plan;
of this chapter; (26) The applicant’s organizational (36)(i) A safeguards contingency plan
(19) Information necessary to structure, allocations or responsibilities in accordance with the criteria set forth
demonstrate that the plant complies and authorities, and personnel in appendix C to 10 CFR part 73. The
with the earthquake engineering criteria qualifications requirements for safeguards contingency plan shall
in 10 CFR part 50, appendix S; operation; include plans for dealing with threats,
(20) Proposed technical resolutions of (27) Managerial and administrative thefts, and radiological sabotage, as
those Unresolved Safety Issues and controls to be used to assure safe defined in part 73 of this chapter,
medium- and high-priority generic operation. Appendix B to 10 CFR part relating to the special nuclear material
safety issues which are identified in the 50 sets forth the requirements for these and nuclear facilities licensed under
version of NUREG–0933 current on the controls for nuclear power plants. The this chapter and in the applicant’s
date up to 6 months before the docket information on the controls to be used possession and control. Each
date of the application and which are for a nuclear power plant shall include application for this type of license shall
technically relevant to the design; a discussion of how the applicable include the information contained in
(21) Emergency plans complying with requirements of appendix B to 10 CFR the applicant’s safeguards contingency
the requirements of § 50.47 of this part 50 will be satisfied; plan.8 (Implementing procedures
chapter, and 10 CFR part 50, appendix (28) Plans for preoperational testing required for this plan need not be
E; and initial operations; submitted for approval.)
(22)(i) All emergency plan (29)(i) Plans for conduct of normal (ii) A training and qualification plan
certifications that have been obtained operations, including maintenance, in accordance with the criteria set forth
from the State and local governmental surveillance, and periodic testing of in appendix B to 10 CFR part 73.
agencies with emergency planning structures, systems, and components; (iii) A description of the
responsibilities must state that: (ii) Plans for coping with emergencies, implementation of the safeguards
(A) The proposed emergency plans other than the plans required by 8 A physical security plan that contains all the
are practicable; § 52.79(a)(21); information required in both § 73.55 of this chapter
(B) These agencies are committed to (30) Proposed technical specifications and appendix C to 10 CFR part 73 satisfies the
participating in any further prepared in accordance with the requirement for a contingency plan.
contingency plan and the training and (46) A description of the plant- (1) The final safety analysis report
qualification plan; specific probabilistic risk assessment need not contain information or
(iv) Each applicant who prepares a (PRA) and its results. analyses submitted to the Commission
physical security plan, a safeguards (b) If the combined license in connection with the design approval,
contingency plan, or a guard application references an early site provided, however, that the final safety
qualification and training plan, shall permit, then the following requirements analysis report must either include or
protect the plans and other related apply: incorporate by reference the standard
Safeguards Information against (1) The final safety analysis report design approval final safety analysis
unauthorized disclosure in accordance need not contain information or report and must contain, in addition to
with the requirements of § 73.21 of this analyses submitted to the Commission the information and analyses otherwise
chapter, as appropriate. in connection with the early site permit, required, information sufficient to
(37) The information necessary to provided, however, that the final safety demonstrate that the characteristics of
demonstrate how operating experience analysis report must either include or the site fall within the site parameters
insights have been incorporated into the incorporate by reference the early site specified in the design approval. In
plant design; permit site safety analysis report and addition, the plant-specific PRA
(38) For light-water reactor designs, a must contain, in addition to the information must use the PRA
description and analysis of design information and analyses otherwise information for the design approval and
features for the prevention and required, information sufficient to must be updated to account for site-
mitigation of severe accidents, e.g., demonstrate that the design of the specific design information and any
challenges to containment integrity facility falls within the site design changes or departures.
caused by core-concrete interaction, characteristics and design parameters (2) The final safety analysis report
steam explosion, high-pressure core specified in the early site permit. must demonstrate that all terms and
melt ejection, hydrogen combustion, (2) If the final safety analysis report conditions that have been included in
and containment bypass; does not demonstrate that design of the the final design approval will be
(39) A description of the radiation facility falls within the site satisfied by the date of issuance of the
protection program required by characteristics and design parameters, combined license.
§ 20.1101 of this chapter and its the application shall include a request (d) If the combined license
implementation. for a variance that complies with the application references a standard design
(40) A description of the fire requirements of §§ 52.39 and 52.93. certification, then the following
protection program required by § 50.48 (3) The final safety analysis report requirements apply:
of this chapter and its implementation. must demonstrate that all terms and (1) The final safety analysis report
(41) For applications for light-water- conditions that have been included in need not contain information or
cooled nuclear power plant combined the early site permit, other than those analyses submitted to the Commission
licenses, an evaluation of the facility imposed under § 50.36b, will be in connection with the design
against the Standard Review Plan (SRP) satisfied by the date of issuance of the certification, provided, however, that the
revision in effect 6 months before the combined license. Any terms or final safety analysis report must either
docket date of the application. The conditions of the early site permit that include or incorporate by reference the
evaluation required by this section shall could not be met by the time of issuance standard design certification final safety
include an identification and of the combined license, must be set analysis report and must contain, in
description of all differences in design forth as terms or conditions of the addition to the information and analyses
features, analytical techniques, and combined license. otherwise required, information
procedural measures proposed for a (4) If the early site permit approves sufficient to demonstrate that the site
facility and those corresponding complete and integrated emergency characteristics fall within the site
features, techniques, and measures plans, or major features of emergency parameters specified in the design
given in the SRP acceptance criteria. plans, then the final safety analysis certification. In addition, the plant-
Where a difference exists, the evaluation report must include any new or specific PRA information must use the
shall discuss how the proposed additional information that updates and PRA information for the design
alternative provides an acceptable corrects the information that was certification and must be updated to
method of complying with the provided under § 52.17(b), and discuss account for site-specific design
Commission’s regulations, or portions whether the new or additional information and any design changes or
thereof, that underlie the corresponding information materially changes the departures.
SRP acceptance criteria. The SRP is not bases for compliance with the (2) The final safety analysis report
a substitute for the regulations, and applicable requirements. The must demonstrate that the interface
compliance is not a requirement; application must identify changes to the requirements established for the design
(42) Information demonstrating how emergency plans or major features of under § 52.47 have been met.
the applicant will comply with emergency plans that have been (3) The final safety analysis report
requirements for reduction of risk from incorporated into the proposed facility must demonstrate that all requirements
anticipated transients without scram emergency plans and that constitute or and restrictions set forth in the
(ATWS) events in § 50.62 of this would constitute a decrease in referenced design certification rule,
chapter; effectiveness under § 50.54(q) of this other than those imposed under
(43) Information demonstrating how chapter. § 50.36b, must be satisfied by the date
the applicant will comply with (5) If complete and integrated of issuance of the combined license.
requirements for criticality accidents in emergency plans are approved as part of Any requirements and restrictions set
§ 50.68 of this chapter; the early site permit, new certifications forth in the referenced design
(44) A description of the fitness-for- meeting the requirements of paragraph certification rule that could not be
duty program required by 10 CFR part (a)(22) of this section are not required. satisfied by the time of issuance of the
26 and its implementation. (c) If the combined license application combined license, must be set forth as
(45) The information required by references a standard design approval, terms or conditions of the combined
§ 20.1406 of this chapter. then the following requirements apply: license.
(e) If the combined license application design which are approved in the design of this chapter). If an applicant requests
references the use of one or more certification. a Commission finding on certain ITAAC
manufactured nuclear power reactors (3) If the application references an with the issuance of the combined
licensed under subpart F of this part, early site permit with ITAAC or a license, then those ITAAC will be
then the following requirements apply: standard design certification or both, the identified in the notice of hearing. All
(1) The final safety analysis report application may include a notification hearings on combined licenses are
need not contain information or that a required inspection, test, or governed by the procedures contained
analyses submitted to the Commission analysis in the ITAAC has been in 10 CFR part 2.
in connection with the manufacturing successfully completed and that the
corresponding acceptance criterion has § 52.87 Referral to the Advisory Committee
license, provided, however, that the on Reactor Safeguards (ACRS).
final safety analysis report must either been met. The Federal Register
include or incorporate by reference the notification required by § 52.85 must The Commission shall refer a copy of
manufacturing license final safety indicate that the application includes the application to the ACRS. The ACRS
analysis report and must contain, in this notification. shall report on those portions of the
addition to the information and analyses (b) A complete environmental report application that concern safety and shall
otherwise required, information as required by 10 CFR 51.50(c). apply the standards referenced in
(c) If the applicant wishes to be able § 52.81, in accordance with the finality
sufficient to demonstrate that the site
to perform the activities at the site provisions in § 52.83.
characteristics fall within the site
allowed by 10 CFR 50.10(e) before
parameters specified in the § 52.89 [Reserved].
issuance of the combined license, the
manufacturing license. In addition, the
applicant must identify and describe the § 52.91 Authorization to conduct site
plant-specific PRA information must
activities that are requested and propose activities.
use the PRA information for the
a plan for redress of the site in the event
manufactured reactor and must be (a) If the application does not
that the activities are performed and
updated to account for site-specific reference an early site permit which
either construction is abandoned or the
design information and any design authorizes the applicant to perform site
combined license is revoked. The
changes or departures. preparation activities, the applicant may
application must demonstrate that there
(2) The final safety analysis report is reasonable assurance that redress not perform the site preparation
must demonstrate that the interface carried out under the plan will achieve activities allowed by 10 CFR 50.10(e)(1)
requirements established for the design an environmentally stable and without obtaining the separate
have been met. aesthetically acceptable site suitable for authorization required by 10 CFR
(3) The final safety analysis report whatever non-nuclear use may conform 50.10(e)(1). Authorization may be
must demonstrate that all terms and with local zoning laws. granted only after the presiding officer
conditions that have been included in in the proceeding on the application has
the manufacturing license, other than § 52.81 Standards for review of made the findings and determination
those imposed under § 50.36b, will be applications. required by 10 CFR 50.10(e)(2) and has
satisfied by the date of issuance of the Applications filed under this subpart determined that there is reasonable
combined license. Any terms or will be reviewed according to the assurance that redress carried out under
conditions of the manufacturing license standards set out in 10 CFR parts 20, 50, the site redress plan will achieve an
that could not be met by the time of 51, 54, 55, 73, 100, and 140. environmentally stable and aesthetically
issuance of the combined license, must acceptable site suitable for whatever
§ 52.83 Finality of referenced NRC non-nuclear use may conform with local
be set forth as terms or conditions of the approvals; partial initial decision on site
combined license. suitability.
zoning laws.
(a) If the application for a combined (b) Authorization to conduct the
§ 52.80 Contents of applications;
license under this subpart references an activities described in 10 CFR
additional technical information.
early site permit, design certification 50.10(e)(3)(i) may be granted only after
The application must contain: the presiding officer in the combined
(a) The proposed inspections, tests, rule, standard design approval, or
manufacturing license, the scope and license proceeding makes the additional
and analyses, including those applicable finding required by 10 CFR
to emergency planning, that the licensee nature of matters resolved for the
application and any combined license 50.10(e)(3)(ii).
shall perform, and the acceptance (c) If, after an applicant for a
criteria that are necessary and sufficient issued are governed by the relevant
provisions addressing finality, including combined license has performed the
to provide reasonable assurance that, if activities permitted by paragraph (a) or
the inspections, tests, and analyses are §§ 52.39, 52.63, 52.98, 52.145, and
52.171. (b) of this section, and the application
performed and the acceptance criteria for the license is withdrawn or denied,
(b) While a partial decision on site
met, the facility has been constructed then the applicant shall redress the site
suitability is in effect under 10 CFR
and will be operated in conformity with in accord with the terms of the site
2.617(b)(2), the scope and nature of
the combined license, the provisions of redress plan. If a use not envisaged in
matters resolved in the proceeding are
the Act, and the Commission’s rules and the redress plan is found for the site or
governed by the finality provisions in 10
regulations. parts before redress is complete, the
CFR 2.629.
(1) If the application references an applicant shall carry out the redress
early site permit with ITAAC, the early § 52.85 Administrative review of plan to the greatest extent possible
site permit ITAAC must apply to those applications; hearings. consistent with the alternate use.
aspects of the combined license which A proceeding on a combined license
are approved in the early site permit. is subject to all applicable procedural § 52.93 Exemptions and variances.
(2) If the application references a requirements contained in 10 CFR part (a) Applicants for a combined license
standard design certification, the ITAAC 2, including the requirements for under this subpart, or any amendment
contained in the certified design must docketing (§ 2.101 of this chapter) and to a combined license, may include in
apply to those portions of the facility issuance of a notice of hearing (§ 2.104 the application a request for an
exemption from one or more of the Commission’s regulations have been of this part manufacturing license, then
Commission’s regulations. met; a licensee may make changes in the
(1) If the request is for an exemption (ii) Any required notifications to other facility as described in the final safety
from any part of a referenced design agencies or bodies have been duly analysis report (as updated), make
certification rule, the Commission may made; changes in the procedures as described
grant the request if it determines that (iii) There is reasonable assurance that in the final safety analysis report (as
the exemption complies with any the facility will be constructed and will updated), and conduct tests or
exemption provisions of the referenced operate in conformity with the license, experiments not described in the final
design certification rule, or with § 52.63 the provisions of the Act, and the safety analysis report (as updated) under
if there are no applicable exemption Commission’s regulations. the applicable change processes in 10
provisions in the referenced design (iv) The applicant is technically and CFR part 50 (e.g., §§ 50.54, 50.59, or
certification rule. financially qualified to engage in the 50.90 of this chapter).
(2) For all other requests for activities authorized; and (c) If the combined license references
exemptions, the Commission may grant (v) Issuance of the license will not be a certified design, then—
a request if it determines that the inimical to the common defense and (1) Changes to or departures from
exemption complies with § 52.7. security or to the health and safety of information within the scope of the
(b) An applicant for a combined the public; and referenced design certification rule are
license who has filed an application (vi) The findings required by subpart subject to the applicable change
referencing an early site permit issued A of part 51 of this chapter have been processes in that rule; and
under subpart A of this part may made. (2) Changes that are not within the
include in the application a request for (2) The Commission may also find, at scope of the referenced design
a variance from one or more site the time it issues the combined license, certification rule are subject to the
characteristics, design parameters, or that certain acceptance criteria in one or applicable change processes in 10 CFR
terms and conditions of the permit, or more of the inspections, tests, analyses, part 50, unless they also involve
from the site safety analysis report. In and acceptance criteria (ITAAC) in a changes to or noncompliance with
determining whether to grant the referenced early site permit or standard information within the scope of the
variance, the Commission shall apply design certification have been met. This referenced design certification rule. In
the same technically relevant criteria as finding will finally resolve that those these cases, the applicable provisions of
were applicable to the application for acceptance criteria have been met, those this section and the design certification
the original or renewed site permit. acceptance criteria will be deemed to be rule apply.
Once a construction permit or combined excluded from the combined license, (d) If the combined license references
license referencing an early site permit and findings under § 52.103(g) with a reactor manufactured under a subpart
is issued, variances from the early site respect to those acceptance criteria are F of this part manufacturing license,
permit will not be granted for that unnecessary. then—
construction permit or combined (b) The Commission shall identify (1) Changes to or departures from
license. within the combined license the information within the scope of the
(c) An applicant for a combined inspections, tests, and analyses, manufactured reactor’s design are
license who has filed an application including those applicable to emergency subject to the change processes in
referencing a nuclear power reactor planning, that the licensee shall § 52.171; and
manufactured under a manufacturing perform, and the acceptance criteria (2) Changes that are not within the
license issued under subpart F of this that, if met, are necessary and sufficient scope of the manufactured reactor’s
part may include in the application a to provide reasonable assurance that the design are subject to the applicable
request for a departure from one or more facility has been constructed and will be change processes in 10 CFR part 50.
design characteristics, site parameters, operated in conformity with the license, (e) The Commission may issue and
terms and conditions, or approved the provisions of the Act, and the make immediately effective any
design of the manufactured reactor. The Commission’s rules and regulations. amendment to a combined license upon
Commission may grant a request only if (c) A combined license shall contain a determination by the Commission that
it determines that the departure will the terms and conditions, including the amendment involves no significant
comply with the requirements of 10 CFR technical specifications, as the hazards consideration, notwithstanding
52.7, and that the special circumstances Commission deems necessary and the pendency before the Commission of
outweigh any decrease in safety that appropriate. a request for a hearing from any person.
may result from the reduction in The amendment may be issued and
§ 52.98 Finality of combined licenses; made immediately effective in advance
standardization caused by the information requests.
departure. of the holding and completion of any
(d) Issuance of a variance under (a) After issuance of a combined required hearing. The amendment will
paragraph (b) or a departure under license, the Commission may not be processed in accordance with the
paragraph (c) of this section is subject to modify, add, or delete any term or procedures specified in 10 CFR 50.91.
litigation during the combined license condition of the combined license, the (f) Any modification to, addition to, or
proceeding in the same manner as other design of the facility, the inspections, deletion from the terms and conditions
issues material to that proceeding. tests, analyses, and acceptance criteria of a combined license, including any
contained in the license which are not modification to, addition to, or deletion
§ 52.97 Issuance of combined licenses. derived from a referenced standard from the inspections, tests, analyses, or
(a)(1) After conducting a hearing in design certification or manufacturing related acceptance criteria contained in
accordance with § 52.85 and receiving license, except in accordance with the the license is a proposed amendment to
the report submitted by the ACRS, the provisions of § 52.103 or § 50.109 of this the license. There must be an
Commission may issue a combined chapter, as applicable. opportunity for a hearing on the
license if the Commission finds that: (b) If the combined license does not amendment.
(i) The applicable standards and reference a design certification or a (g) Except for information sought to
requirements of the Act and the reactor manufactured under a subpart F verify licensee compliance with the
current licensing basis for that facility, uncompleted ITAAC will be met, comply, with the acceptance criteria in
information requests to the holder of a including, but not limited to, a the combined license, except that a
combined license must be evaluated description of the specific procedures hearing shall not be granted for those
before issuance to ensure that the and analytical methods to be used for ITAAC which the Commission found
burden to be imposed on the licensee is performing the prescribed inspections, were met under § 52.97(a)(2).
justified in view of the potential safety tests, and analyses and determining that (b) A request for hearing under
significance of the issue to be addressed the prescribed acceptance criteria have paragraph (a) of this section must show,
in the requested information. Each been met. prima facie, that—
evaluation performed by the NRC staff (d)(1) In the event that an activity is (1) One or more of the acceptance
must be in accordance with 10 CFR subject to an ITAAC derived from a criteria of the ITAAC in the combined
50.54(f) and must be approved by the referenced standard design certification license have not been, or will not be,
Executive Director for Operations or his and the licensee has not demonstrated met; and
or her designee before issuance of the that the ITAAC has been met, the (2) The specific operational
request. licensee may take corrective actions to consequences of nonconformance that
successfully complete that ITAAC or would be contrary to providing
§ 52.99 Inspection during construction.
request an exemption from the standard reasonable assurance of adequate
(a) The licensee shall submit to the design certification ITAAC, as protection of the public health and
NRC, no later than 1 year after issuance applicable. A request for an exemption safety.
of the combined license or at the start must also be accompanied by a request
of construction as defined in 10 CFR (c) The Commission, acting as the
for a license amendment under presiding officer, shall determine
50.10(b), whichever is later, its schedule § 52.98(f).
for completing the inspections, tests, or whether to grant or deny the request for
(2) In the event that an activity is hearing in accordance with the
analyses in the ITAAC. The licensee subject to an ITAAC not derived from a
shall submit updates to the ITAAC applicable requirements of 10 CFR
referenced standard design certification 2.309. If the Commission grants the
schedule every 6 months thereafter and, and the licensee has not demonstrated
within 1 year of its scheduled date for request, the Commission, acting as the
that the ITAAC has been met, the presiding officer, shall determine
initial loading of fuel, the licensee shall licensee may take corrective actions to
submit updates to the ITAAC schedule whether during a period of interim
successfully complete that ITAAC or operation there will be reasonable
every 30 days until the final notification request a license amendment under
is provided to the NRC under paragraph assurance of adequate protection to the
§ 52.98(f). public health and safety. The
(c)(1) of this section. (e) The NRC shall ensure that the
(b) With respect to activities subject to Commission’s determination must
prescribed inspections, tests, and consider the petitioner’s prima facie
an ITAAC, an applicant for a combined analyses in the ITAAC are performed.
license may proceed at its own risk with showing and any answers thereto. If the
(1) At appropriate intervals until the Commission determines there is such
design and procurement activities, and last date for submission of requests for
a licensee may proceed at its own risk reasonable assurance, it shall allow
hearing under § 52.103(a), the NRC shall operation during an interim period
with design, procurement, construction, publish notices in the Federal Register
and pre-operational activities, even under the combined license.
of the NRC staff’s determination of the
though the NRC may not have found (d) The Commission, in its discretion,
successful completion of inspections,
that any one of the prescribed shall determine appropriate hearing
tests, and analyses.
acceptance criteria have been met. (2) The NRC shall make publicly procedures, whether informal or formal
(c)(1) The licensee shall notify the available the licensee notifications adjudicatory, for any hearing under
NRC that the prescribed inspections, under paragraph (c)(1), and, no later paragraph (a) of this section, and shall
tests, and analyses have been performed than the date of publication of the state its reasons therefore.
and that the prescribed acceptance notice of intended operation required by (e) The Commission shall, to the
criteria have been met. The notification § 52.103(a), make available all licensee maximum possible extent, render a
must contain sufficient information to notifications under paragraphs (c)(1) decision on issues raised by the hearing
demonstrate that the prescribed and (c)(2) of this section. request within 180 days of the
inspections, tests, and analyses have publication of the notice provided by
been performed and that the prescribed § 52.103 Operation under a combined paragraph (a) of this section or by the
acceptance criteria have been met. license. anticipated date for initial loading of
(2) If the licensee has not provided, by (a) The licensee shall notify the NRC fuel into the reactor, whichever is later.
the date 225 days before the scheduled of its scheduled date for initial loading (f) A petition to modify the terms and
date for initial loading of fuel, the of fuel no later than 270 days before the conditions of the combined license will
notification required by paragraph (c)(1) scheduled date and shall notify the NRC be processed as a request for action in
of this section for all ITAAC, then the of updates to its schedule every 30 days accordance with 10 CFR 2.206. The
licensee shall notify the NRC that the thereafter. Not less than 180 days before petitioner shall file the petition with the
prescribed inspections, tests, or analyses the date scheduled for initial loading of Secretary of the Commission. Before the
for all uncompleted ITAAC will be fuel into a plant by a licensee that has licensed activity allegedly affected by
performed and that the prescribed been issued a combined license under the petition (fuel loading, low power
acceptance criteria will be met prior to this part, the Commission shall publish testing, etc.) commences, the
operation. The notification must be notice of intended operation in the Commission shall determine whether
provided no later than the date 225 days Federal Register. The notice must any immediate action is required. If the
before the scheduled date for initial provide that any person whose interest petition is granted, then an appropriate
loading of fuel, and must provide may be affected by operation of the order will be issued. Fuel loading and
sufficient information to demonstrate plant may, within 60 days, request that operation under the combined license
that the prescribed inspections, tests, or the Commission hold a hearing on will not be affected by the granting of
analyses will be performed and the whether the facility as constructed the petition unless the order is made
prescribed acceptance criteria for the complies, or on completion will immediately effective.
(g) The licensee shall not operate the § 52.110 Termination of license. publish a document in the Federal
facility until the Commission makes a (a)(1) When a licensee has determined Register and in a forum, such as local
finding that the acceptance criteria in to permanently cease operations the newspapers, that is readily accessible to
the combined license are met, except for licensee shall, within 30 days, submit a individuals in the vicinity of the site,
those acceptance criteria that the written certification to the NRC, announcing the date, time and location
Commission found were met under consistent with the requirements of of the meeting, along with a brief
§ 52.97(a)(2). If the combined license is § 52.3(b)(8); description of the purpose of the
for a modular design, each reactor (2) Once fuel has been permanently meeting.
module may require a separate finding removed from the reactor vessel, the (e) Licensees shall not perform any
as construction proceeds. licensee shall submit a written major decommissioning activities, as
(h) After the Commission has made certification to the NRC that meets the defined in § 50.2 of this chapter, until
the finding in paragraph (g) of this requirements of § 52.3(b)(9); and 90 days after the NRC has received the
section, the ITAAC do not, by virtue of (3) For licensees whose licenses have licensee’s PSDAR submittal and until
their inclusion in the combined license, been permanently modified to allow certifications of permanent cessation of
constitute regulatory requirements possession but not operation of the operations and permanent removal of
either for licensees or for renewal of the facility, before September 27, 2007, the fuel from the reactor vessel, as required
license; except for the specific ITAAC certification required in paragraph (a)(1) under § 52.110(a)(1), have been
for which the Commission has granted of this section shall be deemed to have submitted.
a hearing under paragraph (a) of this been submitted. (f) Licensees shall not perform any
section, all ITAAC expire upon final (b) Upon docketing of the decommissioning activities, as defined
Commission action in the proceeding. certifications for permanent cessation of in § 52.1, that—
However, subsequent changes to the operations and permanent removal of (1) Foreclose release of the site for
facility or procedures described in the fuel from the reactor vessel, or when a possible unrestricted use;
final safety analysis report (as updated) final legally effective order to (2) Result in significant
must comply with the requirements in permanently cease operations has come environmental impacts not previously
§§ 52.98(e) or (f), as applicable. into effect, the 10 CFR part 52 license reviewed; or
no longer authorizes operation of the (3) Result in there no longer being
§ 52.104 Duration of combined license. reactor or emplacement or retention of reasonable assurance that adequate
A combined license is issued for a fuel into the reactor vessel. funds will be available for
specified period not to exceed 40 years (c) Decommissioning will be decommissioning.
from the date on which the Commission completed within 60 years of permanent (g) In taking actions permitted under
makes a finding that acceptance criteria cessation of operations. Completion of § 50.59 of this chapter following
are met under § 52.103(g) or allowing decommissioning beyond 60 years will submittal of the PSDAR, the licensee
operation during an interim period be approved by the Commission only shall notify the NRC in writing and send
under the combined license under when necessary to protect public health a copy to the affected State(s), before
§ 52.103(c). and safety. Factors that will be performing any decommissioning
considered by the Commission in activity inconsistent with, or making
§ 52.105 Transfer of combined license.
evaluating an alternative that provides any significant schedule change from,
A combined license may be for completion of decommissioning those actions and schedules described
transferred in accordance with § 50.80 beyond 60 years of permanent cessation in the PSDAR, including changes that
of this chapter. of operations include unavailability of significantly increase the
§ 52.107 Application for renewal. waste disposal capacity and other site- decommissioning cost.
The filing of an application for a specific factors affecting the licensee’s (h)(1) Decommissioning trust funds
renewed license must be in accordance capability to carry out may be used by licensees if—
with 10 CFR part 54. decommissioning, including presence of (i) The withdrawals are for expenses
other nuclear facilities at the site. for legitimate decommissioning
§ 52.109 Continuation of combined (d)(1) Before or within 2 years activities consistent with the definition
license. following permanent cessation of of decommissioning in § 52.1;
Each combined license for a facility operations, the licensee shall submit a (ii) The expenditure would not reduce
that has permanently ceased operations, post-shutdown decommissioning the value of the decommissioning trust
continues in effect beyond the activities report (PSDAR) to the NRC, below an amount necessary to place and
expiration date to authorize ownership and a copy to the affected State(s). The maintain the reactor in a safe storage
and possession of the production or report must include a description of the condition if unforeseen conditions or
utilization facility, until the planned decommissioning activities expenses arise and;
Commission notifies the licensee in along with a schedule for their (iii) The withdrawals would not
writing that the license is terminated. accomplishment, an estimate of inhibit the ability of the licensee to
During this period of continued expected costs, and a discussion that complete funding of any shortfalls in
effectiveness the licensee shall— provides the reasons for concluding that the decommissioning trust needed to
(1) Take actions necessary to the environmental impacts associated ensure the availability of funds to
decommission and decontaminate the with site-specific decommissioning ultimately release the site and terminate
facility and continue to maintain the activities will be bounded by the license.
facility, including, where applicable, the appropriate previously issued (2) Initially, 3 percent of the generic
storage, control and maintenance of the environmental impact statements. amount specified in § 50.75 of this
spent fuel, in a safe condition; and (2) The NRC shall notice receipt of the chapter may be used for
(2) Conduct activities in accordance PSDAR and make the PSDAR available decommissioning planning. For
with all other restrictions applicable to for public comment. The NRC shall also licensees that have submitted the
the facility in accordance with the schedule a public meeting in the certifications required under § 52.110(a)
NRC’s regulations and the provisions of vicinity of the licensee’s facility upon and commencing 90 days after the NRC
the combined license for the facility. receipt of the PSDAR. The NRC shall has received the PSDAR, an additional
20 percent may be used. A site-specific performed in accordance with the and operated at sites not identified in
decommissioning cost estimate must be regulations in this chapter, will not be the manufacturing license application.
submitted to the NRC before the inimical to the common defense and Subpart F of this part may be used
licensee may use any funding in excess security or to the health and safety of independently of the provisions in this
of these amounts. the public, and will not have a subpart.
(3) Within 2 years following significant effect on the quality of the
permanent cessation of operations, if environment and after notice to § 52.135 Filing of applications.
not already submitted, the licensee shall interested persons, the Commission (a) Any person may submit a
submit a site-specific decommissioning shall approve the plan, by license proposed standard design for a nuclear
cost estimate. amendment, subject to terms and power reactor of the type described in
(4) For decommissioning activities conditions as it deems appropriate and 10 CFR 50.22 to the NRC staff for its
that delay completion of necessary and authorize implementation review. The submittal may consist of
decommissioning by including a period of the license termination plan. either the final design for the entire
of storage or surveillance, the licensee (k) The Commission shall terminate facility or the final design of major
shall provide a means of adjusting cost the license if it determines that— portions thereof.
estimates and associated funding levels (1) The remaining dismantlement has (b) The submittal for review of the
over the storage or surveillance period. been performed in accordance with the proposed standard design must be made
(i) All power reactor licensees must approved license termination plan; and in the same manner and in the same
submit an application for termination of (2) The final radiation survey and number of copies as provided in 10 CFR
license. The application for termination associated documentation, including an 50.30 and 52.3 for license applications.
of license must be accompanied or assessment of dose contributions (c) The fees associated with the filing
preceded by a license termination plan associated with parts released for use and review of the application are set
to be submitted for NRC approval. before approval of the license forth in 10 CFR part 170.
(1) The license termination plan must termination plan, demonstrate that the
be a supplement to the FSAR or § 52.136 Contents of applications; general
facility and site have met the criteria for information.
equivalent and must be submitted at decommissioning in subpart E to 10
least 2 years before termination of the CFR part 20. The application must contain all of
license date. (l) For a facility that has permanently the information required by 10 CFR
(2) The license termination plan must ceased operation before the expiration 50.33(a) through (d) and (j).
include— of its license, the collection period for § 52.137 Contents of applications;
(i) A site characterization; any shortfall of funds will be technical information.
(ii) Identification of remaining determined, upon application by the
dismantlement activities; If the applicant seeks review of a
licensee, on a case-by-case basis taking major portion of a standard design, the
(iii) Plans for site remediation; into account the specific financial
(iv) Detailed plans for the final application need only contain the
situation of each licensee. information required by this section to
radiation survey;
(v) A description of the end use of the the extent the requirements are
Subpart D—Reserved
site, if restricted; applicable to the major portion of the
(vi) An updated site-specific estimate standard design for which NRC staff
Subpart E—Standard Design
of remaining decommissioning costs; approval is sought.
Approvals
(vii) A supplement to the (a) The application must contain a
environmental report, under § 51.53 of § 52.131 Scope of subpart. final safety analysis report that
this chapter, describing any new This subpart sets out procedures for describes the facility, presents the
information or significant the filing, NRC staff review, and referral design bases and the limits on its
environmental change associated with to the Advisory Committee on Reactor operation, and presents a safety analysis
the licensee’s proposed termination Safeguards of standard designs for a of the structures, systems, and
activities; and nuclear power reactor of the type components and of the facility, or major
(viii) Identification of parts, if any, of described in § 50.22 of this chapter or portion thereof, and must include the
the facility or site that were released for major portions thereof. following information:
use before approval of the license (1) The site parameters postulated for
termination plan. § 52.133 Relationship to other subparts. the design, and an analysis and
(3) The NRC shall notice receipt of the (a) This subpart applies to a person evaluation of the design in terms of
license termination plan and make the that requests a standard design approval those site parameters;
license termination plan available for from the NRC staff separately from an (2) A description and analysis of the
public comment. The NRC shall also application for a construction permit SSCs of the facility, with emphasis upon
schedule a public meeting in the filed under 10 CFR part 50 or a performance requirements, the bases,
vicinity of the licensee’s facility upon combined license filed under subpart C with technical justification, upon which
receipt of the license termination plan. of this part. An applicant for a the requirements have been established,
The NRC shall publish a document in construction permit or combined license and the evaluations required to show
the Federal Register and in a forum, may reference a standard design that safety functions will be
such as local newspapers, which is approval. accomplished. It is expected that the
readily accessible to individuals in the (b) Subpart B of this part governs the standard plant will reflect through its
vicinity of the site, announcing the date, certification by rulemaking of the design design, construction, and operation an
time and location of the meeting, along of a nuclear power plant. Subpart B may extremely low probability for accidents
with a brief description of the purpose be used independently of the provisions that could result in the release of
of the meeting. in this subpart. significant quantities of radioactive
(j) If the license termination plan (c) Subpart F of this part governs the fission products. The description shall
demonstrates that the remainder of issuance of licenses to manufacture be sufficient to permit understanding of
decommissioning activities will be nuclear power reactors to be installed the system designs and their
relationship to the safety evaluations. dose in excess of 25 rem 10 total effective radioactive effluents and radiation
Items such as the reactor core, reactor dose equivalent (TEDE); and exposures within the limits set forth in
coolant system, instrumentation and (B) An individual located at any point part 20 of this chapter;
control systems, electrical systems, on the outer boundary of the low (6) The information required by
containment system, other engineered population zone, who is exposed to the § 20.1406 of this chapter;
safety features, auxiliary and emergency radioactive cloud resulting from the (7) The technical qualifications of the
systems, power conversion systems, postulated fission product release applicant to engage in the proposed
radioactive waste handling systems, and (during the entire period of its passage) activities in accordance with the
fuel handling systems shall be discussed would not receive a radiation dose in regulations in this chapter;
insofar as they are pertinent. The excess of 25 rem TEDE; (8) The information necessary to
following power reactor design (3) The design of the facility demonstrate compliance with any
characteristics will be taken into including: technically relevant portions of the
consideration by the Commission: (i) The principal design criteria for the Three Mile Island requirements set forth
facility. Appendix A to 10 CFR part 50, in 10 CFR 50.34(f), except paragraphs
(i) Intended use of the reactor general design criteria (GDC),
including the proposed maximum (f)(1)(xii), (f)(2)(ix), and (f)(3)(v) of 10
establishes minimum requirements for CFR 50.34(f);
power level and the nature and the principal design criteria for water-
inventory of contained radioactive (9) For applications for light-water-
cooled nuclear power plants similar in
materials; cooled nuclear power plants, an
design and location to plants for which
evaluation of the standard plant design
(ii) The extent to which generally construction permits have previously
against the Standard Review Plan (SRP)
accepted engineering standards are been issued by the Commission and
revision in effect 6 months before the
applied to the design of the reactor; provides guidance to applicants in
docket date of the application. The
establishing principal design criteria for
(iii) The extent to which the reactor evaluation required by this section shall
other types of nuclear power units;
incorporates unique, unusual or (ii) The design bases and the relation include an identification and
enhanced safety features having a of the design bases to the principal description of all differences in design
significant bearing on the probability or design criteria; and features, analytical techniques, and
consequences of accidental release of (iii) Information relative to materials procedural measures proposed for the
radioactive materials; and of construction, general arrangement, design and those corresponding
(iv) The safety features that are to be and approximate dimensions, sufficient features, techniques, and measures
engineered into the facility and those to provide reasonable assurance that the given in the SRP acceptance criteria.
barriers that must be breached as a design will conform to the design bases Where a difference exists, the evaluation
result of an accident before a release of with adequate margin for safety; shall discuss how the proposed
radioactive material to the environment (4) An analysis and evaluation of the alternative provides an acceptable
can occur. Special attention must be design and performance of SSC with the method of complying with the
directed to plant design features objective of assessing the risk to public Commission’s regulations, or portions
intended to mitigate the radiological health and safety resulting from thereof, that underlie the corresponding
consequences of accidents. In operation of the facility and including SRP acceptance criteria. The SRP is not
performing this assessment, an determination of the margins of safety a substitute for the regulations, and
applicant shall assume a fission product during normal operations and transient compliance is not a requirement;
release 9 from the core into the conditions anticipated during the life of (10) The information with respect to
containment assuming that the facility the facility, and the adequacy of SSCs the design of equipment to maintain
is operated at the ultimate power level provided for the prevention of accidents control over radioactive materials in
contemplated. The applicant shall and the mitigation of the consequences gaseous and liquid effluents produced
perform an evaluation and analysis of of accidents. Analysis and evaluation of during normal reactor operations
the postulated fission product release, ECCS cooling performance and the need described in 10 CFR 50.34a(e);
using the expected demonstrable for high-point vents following (11) The information pertaining to
containment leak rate and any fission postulated loss-of-coolant accidents design features that affect plans for
product cleanup systems intended to shall be performed in accordance with coping with emergencies in the
mitigate the consequences of the the requirements of 10 CFR 50.46 and operation of the reactor facility or a
accidents, together with applicable 50.46a; major portion thereof;
postulated site parameters, including (5) The kinds and quantities of (12) An analysis and description of
site meteorology, to evaluate the offsite radioactive materials expected to be the equipment and systems for
radiological consequences. The produced in the operation and the combustible gas control as required by
evaluation must determine that: means for controlling and limiting § 50.44 of this chapter;
(13) The list of electric equipment
(A) An individual located at any point 10 A whole body dose of 25 rem has been stated important to safety that is required by
on the boundary of the exclusion area to correspond numerically to the once in a lifetime 10 CFR 50.49(d);
for any 2-hour period following the accidental or emergency dose for radiation workers
(14) A description of protection
onset of the postulated fission product which, according to NCRP recommendations at the
time could be disregarded in the determination of provided against pressurized thermal
release, would not receive a radiation
their radiation exposure status (see NBS Handbook shock events, including projected values
69 dated June 5, 1959). However, its use is not of the reference temperature for reactor
9 The fission product release assumed for this intended to imply that this number constitutes an
evaluation should be based upon a major accident, acceptable limit for an emergency dose to the public
vessel beltline materials as defined in 10
hypothesized for purposes of site analysis or under accident conditions. Rather, this dose value CFR 50.60 and 50.61;
postulated from considerations of possible has been set forth in this section as a reference (15) Information demonstrating how
accidental events. These accidents have generally value, which can be used in the evaluation of plant the applicant will comply with
been assumed to result in substantial meltdown of design features with respect to postulated reactor
the core with subsequent release into the accidents, to assure that these designs provide
requirements for reduction of risk from
containment of appreciable quantities of fission assurance of low risk of public exposure to anticipated transients without scram
products. radiation, in the event of an accident. (ATWS) events in § 50.62;
(16) The coping analysis, and any § 52.139 Standards for review of be renewed. A design approval
design features necessary to address applications. continues to be valid beyond the date of
station blackout, as described in § 50.63 Applications filed under this subpart expiration in any proceeding on an
of this chapter; will be reviewed for compliance with application for a construction permit or
(17) Information demonstrating how the standards set out in 10 CFR parts 20, an operating license under part 50 or a
the applicant will comply with 50 and its appendices, and 10 CFR parts combined license or manufacturing
requirements for criticality accidents in 73 and 100. license under part 52 that references the
§ 50.68(b)(2)–(b)(4); final design approval and is docketed
(18) A description and analysis of the § 52.141 Referral to the Advisory
Committee on Reactor Safeguards (ACRS). before the date of expiration of the
fire protection design features for the design approval.
standard plant necessary to comply with The Commission shall refer a copy of
part 50, appendix A, GDC 3, and § 50.48 the application to the ACRS. The ACRS Subpart F—Manufacturing Licenses
of this chapter; shall report on those portions of the
(19) A description of the quality application which concern safety. § 52.151 Scope of subpart.
assurance program applied to the design This subpart sets out the requirements
§ 52.143 Staff approval of design.
of the SSCs of the facility. Appendix B and procedures applicable to
Upon completion of its review of a Commission issuance of a license
to 10 CFR part 50, ‘‘Quality Assurance submittal under this subpart and receipt
Criteria for Nuclear Power Plants and authorizing manufacture of nuclear
of a report by the Advisory Committee power reactors to be installed at sites
Fuel Reprocessing Plants,’’ sets forth the on Reactor Safeguards under § 52.141 of
requirements for quality assurance not identified in the manufacturing
this subpart, the NRC staff shall publish
programs for nuclear power plants. The license application.
a determination in the Federal Register
description of the quality assurance as to whether or not the design is § 52.153 Relationship to other subparts.
program for a nuclear power plant shall acceptable, subject to appropriate terms
include a discussion of how the (a) A nuclear power reactor
and conditions, and make an analysis of manufactured under a manufacturing
applicable requirements of appendix B the design in the form of a report
to 10 CFR part 50 were satisfied; license issued under this subpart may
available at the NRC Web site, http:// only be transported to and installed at
(20) The information necessary to www.nrc.gov.
demonstrate that the standard plant a site for which either a construction
complies with the earthquake § 52.145 Finality of standard design permit under part 50 of this chapter or
engineering criteria in 10 CFR part 50, approvals; information requests. a combined license under subpart C of
appendix S; (a) An approved design must be used this part has been issued.
(21) Proposed technical resolutions of by and relied upon by the NRC staff and (b) Subpart B of this part governs the
those Unresolved Safety Issues and the ACRS in their review of any certification by rulemaking of the design
medium- and high-priority generic individual facility license application of standard nuclear power facilities.
safety issues which are identified in the that incorporates by reference a Subpart E of this part governs the NRC
version of NUREG–0933 current on the standard design approved in accordance staff review and approval of standard
date up to 6 months before the docket with this paragraph unless there exists designs for a nuclear power facility. A
date of the application and which are significant new information that manufacturing license applicant may
technically relevant to the design; substantially affects the earlier reference a standard design certification
(22) The information necessary to determination or other good cause. or a standard design approval in its
demonstrate how operating experience (b) The determination and report by application. These subparts may also be
insights have been incorporated into the the NRC staff do not constitute a used independently of the provisions in
plant design; commitment to issue a permit or this subpart.
(23) For light-water reactor designs, a license, or in any way affect the § 52.155 Filing of applications.
description and analysis of design authority of the Commission, Atomic
features for the prevention and (a) Any person, except one excluded
Safety and Licensing Board Panel, or
mitigation of severe accidents, e.g., by 10 CFR 50.38, may file an application
presiding officers in any proceeding
challenges to containment integrity for a manufacturing license under this
under part 2 of this chapter.
caused by core-concrete interaction, subpart with the Director of New
(c) Except for information requests
steam explosion, high-pressure core Reactors or the Director of Nuclear
seeking to verify compliance with the
melt ejection, hydrogen combustion, Reactor Regulation, as appropriate.
current licensing basis of the standard
and containment bypass; (b) The application must comply with
design approval, information requests to
(24) A description, analysis, and the applicable filing requirements of
the holder of a standard design approval
evaluation of the interfaces between the §§ 52.3 and 50.30 of this chapter.
must be evaluated before issuance to
standard design and the balance of the (c) The fees associated with the filing
ensure that the burden to be imposed on
nuclear power plant; and and review of the application are set
respondents is justified in view of the
(25) A description of the design- forth in 10 CFR part 170.
potential safety significance of the issue
specific probabilistic risk assessment to be addressed in the requested § 52.156 Contents of applications; general
and its results. information. Each evaluation performed information.
(b) An application for approval of a by the NRC staff must be in accordance The application must contain all of
standard design, which differs with 10 CFR 50.54(f) and must be the information required by 10 CFR
significantly from the light-water reactor approved by the Executive Director for 50.33(a) through (d), and (j).
designs of plants that have been Operations or his or her designee before
licensed and in commercial operation issuance of the request. § 52.157 Contents of applications;
before April 18, 1989, or uses technical information in final safety analysis
simplified, inherent, passive, or other § 52.147 Duration of design approval. report.
innovative means to accomplish its A standard design approval issued The application must contain a final
safety functions, must meet the under this subpart is valid for 15 years safety analysis report containing the
requirements of 10 CFR 50.43(e). from the date of issuance and may not information set forth below, with a level
of design information sufficient to consequences of accidental release of radioactive effluents and radiation
enable the Commission to judge the radioactive materials; exposures within the limits set forth in
applicant’s proposed means of assuring (d) The safety features that are part 20 of this chapter.
that the manufacturing conforms to the engineered into the reactor and those (f) Information necessary to establish
design and to reach a final conclusion barriers that must be breached as a that the design of the reactor to be
on all safety questions associated with result of an accident before a release of manufactured complies with the
the design, permit the preparation of radioactive material to the environment technical requirements in 10 CFR
construction and installation can occur. Special attention must be Chapter I, including:
specifications by an applicant who directed to reactor design features (1) An analysis and evaluation of the
seeks to use the manufactured reactor, intended to mitigate the radiological design and performance of structures,
and permit the preparation of consequences of accidents. In systems, and components with the
acceptance and inspection requirements performing this assessment, an objective of assessing the risk to public
by the NRC: applicant shall assume a fission product health and safety resulting from
(a) The principal design criteria for release 11 from the core into the operation of the facility and including
the reactor to be manufactured. containment assuming that the facility determination of the margins of safety
Appendix A of 10 CFR part 50, ‘‘General is operated at the ultimate power level during normal operations and transient
Design Criteria for Nuclear Power contemplated. The applicant shall conditions anticipated during the life of
Plants,’’ establishes minimum perform an evaluation and analysis of the facility, and the adequacy of
requirements for the principal design the postulated fission product release, structures, systems, and components
criteria for water-cooled nuclear power using the expected demonstrable provided for the prevention of accidents
plants similar in design and location to containment leak rate and any fission and the mitigation of the consequences
plants for which construction permits product cleanup systems intended to of accidents. Analysis and evaluation of
have previously been issued by the mitigate the consequences of the ECCS cooling performance and the need
Commission and provides guidance to accidents, together with applicable for high-point vents following
applicants in establishing principal postulated site parameters, including postulated loss-of-coolant accidents
design criteria for other types of nuclear site meteorology, to evaluate the offsite shall be performed in accordance with
power units; radiological consequences. The the requirements of §§ 50.46 and 50.46a
(b) The design bases and the relation evaluation must determine that: of this chapter;
of the design bases to the principal (1) An individual located at any point (2) A description and analysis of the
design criteria; on the boundary of the exclusion area
(c) A description and analysis of the fire protection design features for the
for any 2 hour period following the reactor necessary to comply with 10
structures, systems, and components of
onset of the postulated fission product CFR part 50, appendix A, GDC 3 and
the reactor to be manufactured, with
release, would not receive a radiation § 50.48 of this chapter;
emphasis upon the materials of
dose in excess of 25 rem 12 total effective (3) A description of protection
manufacture, performance
requirements, the bases, with technical dose equivalent (TEDE); provided against pressurized thermal
justification therefor, upon which the (2) An individual located at any point shock events, including projected values
performance requirements have been on the outer boundary of the low of the reference temperature for reactor
established, and the evaluations population zone, who is exposed to the vessel beltline materials as defined in
required to show that safety functions radioactive cloud resulting from the §§ 50.60 and 50.61 of this chapter;
will be accomplished. The description postulated fission product release (4) An analysis and description of the
shall be sufficient to permit (during the entire period of its passage) equipment and systems for combustible
understanding of the system designs would not receive a radiation dose in gas control as required by § 50.44 of this
and their relationship to safety excess of 25 rem TEDE; and chapter;
evaluations. Items such as the reactor (e) The kinds and quantities of (5) The coping analysis, and any
core, reactor coolant system, radioactive materials expected to be design features necessary to address
instrumentation and control systems, produced in the operation and the station blackout, as described in § 50.63
electrical systems, containment system, means for controlling and limiting of this chapter;
other engineered safety features, (6) The list of electric equipment
auxiliary and emergency systems, power important to safety that is required by
evaluation should be based upon a major accident,
conversion systems, radioactive waste hypothesized for purposes of site analysis or
10 CFR 50.49(d);
handling systems, and fuel handling postulated from considerations of possible (7) Information demonstrating how
systems shall be discussed insofar as accidental events. These accidents have generally the applicant will comply with
been assumed to result in substantial meltdown of requirements for reduction of risk from
they are pertinent. The following power the core with subsequent release into the
reactor design characteristics will be containment of appreciable quantities of fission anticipated transients without scram
taken into consideration by the products. (ATWS) events in § 50.62;
Commission: 12 A whole body dose of 25 rem has been stated (8) Information demonstrating how
to correspond numerically to the once in a lifetime the applicant will comply with
(1) Intended use of the manufactured accidental or emergency dose for radiation workers
reactor including the proposed which, according to NCRP recommendations at the
requirements for criticality accidents in
maximum power level and the nature time could be disregarded in the determination of § 50.68(b)(2)–(b)(4);
and inventory of contained radioactive their radiation exposure status (see NBS Handbook (9) The information required by
69 dated June 5, 1959). However, its use is not § 20.1406 of this chapter;
materials; intended to imply that this number constitutes an
(2) The extent to which generally acceptable limit for an emergency dose to the public
(10) [Reserved];
accepted engineering standards are under accident conditions. Rather, this dose value (11) The information with respect to
applied to the design of the reactor; and has been set forth in this section as a reference the design of equipment to maintain
(3) The extent to which the reactor value, which can be used in the evaluation of plant control over radioactive materials in
design features with respect to postulated reactor
incorporates unique, unusual or accidents, to assure that these designs provide
gaseous and liquid effluents produced
enhanced safety features having a assurance of low risk of public exposure to during normal reactor operations, as
significant bearing on the probability or radiation, in the event of an accident. described in § 50.34a(e) of this chapter;
(12) The information necessary to analysis required by this section and to (29) The information necessary to
demonstrate compliance with any permit assessment of the adequacy of demonstrate how operating experience
technically relevant portions of the the interface requirements in paragraph insights have been incorporated into the
Three Mile Island requirements set forth (f)(20) of this section; manufactured reactor design;
in § 50.34(f) of this chapter, except (23) For light-water reactor designs, a (30) For applications for light-water-
paragraphs (f)(1)(xii), (f)(2)(ix), and description and analysis of design cooled nuclear power plants, an
(f)(3)(v); features for the prevention and evaluation of the design to be
(13) If the applicant seeks to use risk- mitigation of severe accidents, e.g., manufactured against the Standard
informed treatment of SSCs in challenges to containment integrity Review Plan (SRP) revision in effect 6
accordance with § 50.69 of this chapter, caused by core-concrete interaction, months before the docket date of the
the information required by § 50.69(b)(2) steam explosion, high-pressure core application. The evaluation required by
of this chapter; melt ejection, hydrogen combustion, this section shall include an
(14) The information necessary to and containment bypass; identification and description of all
demonstrate that the manufactured (24) [Reserved]; differences in design features, analytical
reactor complies with the earthquake (25) If the reactor is to be used in techniques, and procedural measures
engineering criteria in appendix S to 10 modular plant design, a description of proposed for the design and those
CFR part 50; the possible operating configurations of corresponding features, techniques, and
(15) Information sufficient to the reactor modules with common measures given in the SRP acceptance
demonstrate compliance with the systems, interface requirements, and criteria. Where a difference exists, the
applicable requirements regarding system interactions. The final safety evaluation shall discuss how the
testing, analysis, and prototypes as set analysis must also account for proposed alternative provides an
forth in § 50.43(e) of this chapter; differences among the configurations, acceptable method of complying with
(16) The technical qualifications of including any restrictions that will be the Commission’s regulations, or
the applicant to engage in the proposed necessary during the construction and portions thereof, that underlie the
activities in accordance with the startup of a given module to ensure the corresponding SRP acceptance criteria.
regulations in this chapter; safe operation of any module already The SRP is not a substitute for the
(17) A description of the quality operating; regulations, and compliance is not a
assurance program applied to the (26) A description of the management requirement; and
design, and to be applied to the plan for design and manufacturing (31) A description of the design-
manufacture of, the structures, systems, activities, including: specific probabilistic risk assessment
and components of the reactor. (i) The organizational and and its results.
Appendix B to 10 CFR part 50, ‘‘Quality management structure singularly
Assurance Criteria for Nuclear Power responsible for direction of design and § 52.158 Contents of application;
Plants and Fuel Reprocessing Plants,’’ manufacture of the reactor; additional technical information.
sets forth the requirements for quality (ii) Technical resources directed by The application must contain:
assurance programs for nuclear power the applicant, and the qualifications (a)(1) Inspections, tests, analyses, and
plants. The description of the quality requirements; acceptance criteria (ITAAC). The
assurance program must include a (iii) Details of the interaction of proposed inspections, tests, and
discussion of how the applicable design and manufacture within the analyses that the licensee who will be
requirements of appendix B to 10 CFR applicant’s organization and the manner operating the reactor shall perform, and
part 50 have been and will be satisfied; by which the applicant will ensure close the acceptance criteria that are
and integration of the architect engineer and necessary and sufficient to provide
(18) Proposed technical specifications the nuclear steam supply vendor, as reasonable assurance that, if the
applicable to the reactor being applicable; inspections, tests, and analyses are
manufactured, prepared in accordance (iv) Proposed procedures governing performed and the acceptance criteria
with the requirements of §§ 50.36 and the preparation of the manufactured met:
50.36a of this chapter; reactor for shipping to the site where it (i) The reactor has been manufactured
(19) The site parameters postulated is to be operated, the conduct of in conformity with the manufacturing
for the design, and an analysis and shipping, and verifying the condition of license; the provisions of the Act, and
evaluation of the reactor design in terms the manufactured reactor upon receipt the Commission’s rules and regulations;
of those site parameters; at the site; and and
(20) The interface requirements (v) The degree of top level (ii) The manufactured reactor will be
between the manufactured reactor and management oversight and technical operated in conformity with the
the remaining portions of the nuclear control to be exercised by the applicant approved design and any license
power plant. These requirements must during design and manufacture, authorizing operation of the
be sufficiently detailed to allow for including the preparation and manufactured reactor.
completion of the final safety analysis; implementation of procedures necessary (2) If the application references a
(21) Justification that compliance with to guide the effort; standard design certification, the ITAAC
the interface requirements of paragraph (27) Necessary parameters to be used contained in the certified design must
(f)(20) of this section is verifiable in developing plans for preoperational apply to those portions of the facility
through inspections, testing, or analysis. testing and initial operation; design which are covered by the design
The method to be used for verification (28) Proposed technical resolutions of certification.
of interface requirements must be those Unresolved Safety Issues and (3) If the application references a
included as part of the proposed ITAAC medium- and high-priority generic standard design certification, the
required by § 52.158(a); safety issues which are identified in the application may include a notification
(22) A representative conceptual version of NUREG–0933 current on the that a required inspection, test, or
design for a nuclear power facility using date up to 6 months before the docket analysis in the design certification
the manufactured reactor, to aid the date of the application and which are ITAAC has been successfully completed
NRC in its review of the final safety technically relevant to the design; and that the corresponding acceptance
criterion has been met. The Federal license, the provision of the Act, and the approved shipping requirements in the
Register notification required by Commission’s regulations; manufacturing license.
§ 52.163 must indicate that the (3) The proposed reactor(s) can be
application includes this notification. § 52.169 [Reserved].
incorporated into a nuclear power plant
(b)(1) An environmental report as and operated at sites having § 52.171 Finality of manufacturing
required by 10 CFR 51.54. characteristics that fall within the site licenses; information requests.
(2) If the manufacturing license parameters postulated for the design of
application references a standard design (a)(1) Notwithstanding any provision
the manufactured reactor(s) without
certification, the environmental report in 10 CFR 50.109, during the term of a
undue risk to the health and safety of
need not contain a discussion of severe manufacturing license the Commission
the public;
accident mitigation design alternatives may not modify, rescind, or impose new
(4) The applicant is technically
for the reactor. requirements on the design of the
qualified to design and manufacture the
nuclear power reactor being
proposed nuclear power reactor(s);
§ 52.159 Standards for review of manufactured, or the requirements for
(5) The proposed inspections, tests,
application. the manufacture of the nuclear power
analyses and acceptance criteria are
Applications filed under this subpart reactor, unless the Commission
necessary and sufficient, within the
will be reviewed according to the determines that a modification is
scope of the manufacturing license, to
applicable standards set out in 10 CFR necessary to bring the design of the
provide reasonable assurance that the
parts 20, 50 and its appendices, 51, 73, reactor or its manufacture into
manufactured reactor has been
and 100 and its appendices. compliance with the Commission’s
manufactured and will be operated in
requirements applicable and in effect at
§ 52.161 Reserved. conformity with the license, the
the time the manufacturing license was
provisions of the Act, and the
§ 52.163 Administrative review of issued, or to provide reasonable
Commission’s regulations;
applications; hearings. assurance of adequate protection to
(6) The issuance of a license to the
A proceeding on a manufacturing public health and safety or common
applicant will not be inimical to the
license is subject to all applicable defense and security.
common defense and security or to the
procedural requirements contained in health and safety of the public; and (2) Any modification to the design of
10 CFR part 2, including the (7) The findings required by subpart a manufactured nuclear power reactor
requirements for docketing in A of part 51 of this chapter have been which is imposed by the Commission
§ 2.101(a)(1) through (4) of this chapter, made. under paragraph (a)(1) of this section
and the requirements for issuance of a (b) Each manufacturing license issued will be applied to all reactors
notice of proposed action in § 2.105 of under this subpart shall specify: manufactured under the license,
this chapter, provided, however, that the (1) Terms and conditions as the including those that have already been
designated sections may not be Commission deems necessary and transported and sited, except those
construed to require that the appropriate; reactors to which the modification has
environmental report or draft or final (2) Technical specifications for been rendered technically irrelevant by
environmental impact statement include operation of the manufactured reactor, action taken under paragraph (b) of this
an assessment of the benefits of as the Commission deems necessary and section.
constructing and/or operating the appropriate; (3) In making the findings required for
manufactured reactor or an evaluation (3) Site parameters and design issuance of a construction permit,
of alternative energy sources. All characteristics for the manufactured operating license, combined license, in
hearings on manufacturing licenses are reactor; and any hearing under § 52.103, or in any
governed by the hearing procedures (4) The interface requirements to be enforcement hearing other than one
contained in 10 CFR part 2, subparts C, met by the site-specific elements of the initiated by the Commission under
G, L, and N. facility, such as the service water intake paragraph (a)(1) of this section, for
structure and the ultimate heat sink, not which a nuclear power reactor
§ 52.165 Referral to the Advisory
Committee on Reactor Safeguards (ACRS). within the scope of the manufactured manufactured under this subpart is
reactor. referenced or used, the Commission
The Commission shall refer a copy of shall treat as resolved those matters
the application to the ACRS. The ACRS (c)(1) A holder of a manufacturing
license may not transport or allow to be resolved in the proceeding on the
shall report on those portions of the application for issuance or renewal of
application which concern safety. removed from the place of manufacture
the manufactured reactor except to the the manufacturing license, including the
§ 52.167 Issuance of manufacturing site of a licensee with either a adequacy of design of the manufactured
license. construction permit under part 50 of reactor, the costs and benefits of severe
(a) After completing any hearing this chapter or a combined license accident mitigation design alternatives,
under § 52.163, and receiving the report under subpart C of this part. The and the bases for not incorporating
submitted by the ACRS, the construction permit or combined license severe accident mitigation design
Commission may issue a manufacturing must authorize the construction of a alternatives into the design of the
license if the Commission finds that: nuclear power facility using the reactor to be manufactured.
(1) Applicable standards and manufactured reactor(s). (b)(1) The holder of a manufacturing
requirements of the Act and the (2) A holder of a manufacturing license may not make changes to the
Commission’s regulations have been license shall include, in any contract design of the nuclear power reactor
met; governing the transport of a authorized to be manufactured without
(2) There is reasonable assurance that manufactured reactor from the place of prior Commission approval. The request
the reactor(s) will be manufactured, and manufacture to any other location, a for a change to the design must be in the
can be transported, incorporated into a provision requiring that the person or form of an application for a license
nuclear power plant, and operated in entity transporting the manufactured amendment, and must meet the
conformity with the manufacturing reactor to comply with all NRC- requirements of 10 CFR 50.90 and 50.92.
(2) An applicant or licensee who renewal of the license. An application remaining years on the manufacturing
references or uses a nuclear power for renewal must contain all information license then in effect before renewal.
reactor manufactured under a necessary to bring up to date the The renewed license shall be subject to
manufacturing license under this information and data contained in the the requirements of §§ 52.171 and
subpart may request a departure from previous application. 52.175.
the design characteristics, site (b) The filing of an application for a
parameters, terms and conditions, or renewed license must be in accordance Subpart G—Reserved
approved design of the manufactured with subpart A of 10 CFR part 2 and 10
reactor. The Commission may grant a CFR 52.3 and 50.30. Subpart H—Enforcement
request only if it determines that the (c) A manufacturing license, either
§ 52.301 Violations.
departure will comply with the original or renewed, for which a timely
requirements of 10 CFR 52.7, and that application for renewal has been filed, (a) The Commission may obtain an
the special circumstances outweigh any remains in effect until the Commission injunction or other court order to
decrease in safety that may result from has made a final determination on the prevent a violation of the provisions
the reduction in standardization caused renewal application, provided, however, of—
by the departure. The granting of a that in accordance with § 52.173, the (1) The Atomic Energy Act of 1954, as
departure on request of an applicant is holder of a manufacturing license may amended;
not begin manufacture of a reactor less (2) Title II of the Energy
subject to litigation in the same manner
than 3 years before the expiration of the Reorganization Act of 1974, as
as other issues in the construction
license. amended; or
permit or combined license hearing.
(d) Any person whose interest may be (3) A regulation or order issued under
(c) Except for information requests
affected by renewal of the permit may those Acts.
seeking to verify compliance with the
request a hearing on the application for (b) The Commission may obtain a
current licensing basis of either the
renewal. The request for a hearing must court order for the payment of a civil
manufacturing license or the
comply with 10 CFR 2.309. If a hearing penalty imposed under Section 234 of
manufactured reactor, information
is granted, notice of the hearing will be the Atomic Energy Act:
requests to the holder of a
published in accordance with 10 CFR (1) For violations of—
manufacturing license or an applicant or
2.104. (i) Sections 53, 57, 62, 63, 81, 82, 101,
licensee using a manufactured reactor
(e) The Commission shall refer a copy 103, 104, 107, or 109 of the Atomic
must be evaluated before issuance to
of the application for renewal to the Energy Act of 1954, as amended;
ensure that the burden to be imposed on
Advisory Committee on Reactor (ii) Section 206 of the Energy
respondents is justified in view of the
Safeguards (ACRS). The ACRS shall Reorganization Act;
potential safety significance of the issue (iii) Any regulation, or order issued
to be addressed in the requested report on those portions of the
application which concern safety and under the sections specified in
information. Each evaluation performed paragraph (b)(1)(i) of this section;
by the NRC staff must be in accordance shall apply the criteria set forth in
§ 52.159. (iv) Any term, condition, or limitation
with 10 CFR 50.54(f) and must be of any license issued under the sections
approved by the Executive Director for § 52.179 Criteria for renewal. specified in paragraph (b)(1)(i) of this
Operations or his or her designee before section.
issuance of the request. The Commission may grant the
renewal if the Commission determines: (2) For any violation for which a
§ 52.173 Duration of manufacturing (a) The manufacturing license license may be revoked under Section
license. complies with the Atomic Energy Act 186 of the Atomic Energy Act of 1954,
A manufacturing license issued under and the Commission’s regulations and as amended.
this subpart may be valid for not less orders applicable and in effect at the
§ 52.303 Criminal penalties.
than 5, nor more than 15 years from the time the manufacturing license was
originally issued; and (a) Section 223 of the Atomic Energy
date of issuance. A holder of a
(b) Any new requirements the Act of 1954, as amended, provides for
manufacturing license may not initiate
Commission may wish to impose are: criminal sanctions for willful violation
the manufacture of a reactor less than 3
(1) Necessary for adequate protection of, attempted violation of, or conspiracy
years before the expiration of the license
to public health and safety or common to violate, any regulation issued under
even though a timely application for
defense and security; Sections 161b, 161i, or 161o of the Act.
renewal has been docketed with the
(2) Necessary for compliance with the For purposes of Section 223, all the
NRC. Upon expiration of the
Commission’s regulations and orders regulations in part 52 are issued under
manufacturing license, the manufacture
applicable and in effect at the time the one or more of Sections 161b, 161i, or
of any uncompleted reactors must cease
manufacturing license was originally 160o, except for the sections listed in
unless a timely application for renewal
issued; or paragraph (b) of this section.
has been docketed with the NRC.
(3) A substantial increase in overall (b) The regulations in part 52 that are
§ 52.175 Transfer of manufacturing protection of the public health and not issued under Sections 161b, 161i, or
license. safety or the common defense and 161o for the purposes of Section 223 are
A manufacturing license may be security to be derived from the new as follows: §§ 52.0, 52.1, 52.2, 52.3, 52.7,
transferred in accordance with § 50.80 requirements, and the direct and 52.8, 52.9, 52.10, 52.11, 52.12, 52.13,
of this chapter. indirect costs of implementation of 52.15, 52.16, 52.17, 52.18, 52.21, 52.23,
those requirements are justified in view 52.24, 52.27, 52.28, 52.29, 52.31, 52.33,
§ 52.177 Application for renewal. 52.39, 52.41, 52.43, 52.45, 52.46, 52.47,
of this increased protection.
(a) Not less than 12 months, nor more 52.48, 52.51, 52.53, 52.54, 52.55, 52.57,
than 5 years before the expiration of the § 52.181 Duration of renewal. 52.59, 52.61, 52.63, 52.71, 52.73, 52.75,
manufacturing license, or any later A renewed manufacturing license 52.77, 52.79, 52.80, 52.81, 52.83, 52.85,
renewal period, the holder of the may be issued for a term of not less than 52.87, 52.93, 52.97, 52.98, 52.103,
manufacturing license may apply for a 5, nor more than 15 years, plus any 52.104, 52.105, 52.107, 52.109, 52.131,
52.133, 52.135, 52.136, 52.137, 52.139, 3. Combined license (COL) action items D. If there is a conflict between the generic
52.141, 52.143, 52.145, 52.147, 52.151, (COL license information), which identify DCD and either the application for design
52.153, 52.155, 52.156, 52.157, 52.158, certain matters that must be addressed in the certification of the U.S. ABWR design or
site-specific portion of the final safety NUREG–1503, ‘‘Final Safety Evaluation
52.159, 52.161, 52.163, 52.165, 52.167,
analysis report (FSAR) by an applicant who Report related to the Certification of the
52.171, 52.173, 52.175, 52.177, 52.179, references this appendix. These items Advanced Boiling Water Reactor Design’’
52.181, 52.301, and 52.303. constitute information requirements but are (FSER), and Supplement No. 1, then the
Appendix A to Part 52—Design not the only acceptable set of information in generic DCD controls.
the FSAR. An applicant may depart from or E. Design activities for structures, systems,
Certification Rule for the U.S. omit these items, provided that the departure
Advanced Boiling Water Reactor and components that are wholly outside the
or omission is identified and justified in the
scope of this appendix may be performed
I. Introduction FSAR. After issuance of a construction
using site characteristics, provided the design
permit or COL, these items are not
Appendix A constitutes the standard activities do not affect the DCD or conflict
requirements for the licensee unless such
design certification for the U.S. Advanced with the interface requirements.
items are restated in the FSAR.
Boiling Water Reactor (ABWR) design, in
F. Tier 2* means the portion of the Tier 2 IV. Additional Requirements and
accordance with 10 CFR part 52, subpart B.
information, designated as such in the Restrictions
The applicant for certification of the U.S.
generic DCD, which is subject to the change
ABWR design was GE Nuclear Energy. A. An applicant for a combined license
process in Section VIII.B.6 of this appendix.
that wishes to reference this appendix shall,
II. Definitions This designation expires for some Tier 2*
information under Section VIII.B.6. in addition to complying with the
A. Generic design control document requirements of 10 CFR 52.77, 52.79, and
(generic DCD) means the document G. Departure from a method of evaluation
described in the plant-specific DCD used in 52.80, comply with the following
containing the Tier 1 and Tier 2 information requirements:
and generic technical specifications that is establishing the design bases or in the safety
analyses means: 1. Incorporate by reference, as part of its
incorporated by reference into this appendix.
(1) Changing any of the elements of the application, this appendix;
B. Generic technical specifications means
method described in the plant-specific DCD 2. Include, as part of its application:
the information, required by 10 CFR 50.36
unless the results of the analysis are a. A plant-specific DCD containing the
and 50.36a, for the portion of the plant that
is within the scope of this appendix. conservative or essentially the same; or same type of information and using the same
C. Plant-specific DCD means the document, (2) Changing from a method described in organization and numbering as the generic
maintained by an applicant or licensee who the plant-specific DCD to another method DCD for the U.S. ABWR design, as modified
references this appendix, consisting of the unless that method has been approved by and supplemented by the applicant’s
information in the generic DCD, as modified NRC for the intended application. exemptions and departures;
and supplemented by the plant-specific H. All other terms in this appendix have b. The reports on departures from and
departures and exemptions made under the meaning set out in 10 CFR 50.2 or 52.1, updates to the plant-specific DCD required by
Section VIII of this appendix. or Section 11 of the Atomic Energy Act of paragraph X.B of this appendix;
D. Tier 1 means the portion of the design- 1954, as amended, as applicable. c. Plant-specific technical specifications,
related information contained in the generic III. Scope and Contents consisting of the generic and site-specific
DCD that is approved and certified by this technical specifications, that are required by
appendix (hereinafter Tier 1 information). A. Tier 1, Tier 2, and the generic technical 10 CFR 50.36 and 50.36a;
The design descriptions, interface specifications in the U.S. ABWR Design d. Information demonstrating compliance
requirements, and site parameters are derived Control Document, GE Nuclear Energy, with the site parameters and interface
from Tier 2 information. Tier 1 information Revision 4 dated March 1997, are approved requirements;
includes: for incorporation by reference by the Director
e. Information that addresses the COL
1. Definitions and general provisions; of the Office of the Federal Register in
action items; and
2. Design descriptions; accordance with 5 U.S.C. 552(a) and 1 CFR
f. Information required by 10 CFR 52.47
3. Inspections, tests, analyses, and part 51. Copies of the generic DCD may be
that is not within the scope of this appendix.
acceptance criteria (ITAAC); obtained from the National Technical
3. Include, in the plant-specific DCD, the
4. Significant site parameters; and Information Service, 5285 Port Royal Road,
Springfield, Virginia 22161. A copy is proprietary information and safeguards
5. Significant interface requirements.
available for examination and copying at the information referenced in the U.S. ABWR
E. Tier 2 means the portion of the design-
NRC Public Document Room located at One DCD.
related information contained in the generic
White Flint North, 11555 Rockville Pike (first B. The Commission reserves the right to
DCD that is approved but not certified by this
appendix (Tier 2 information). Compliance floor), Rockville, Maryland 20852. Copies are determine in what manner this appendix
with Tier 2 is required, but generic changes also available for examination at the NRC may be referenced by an applicant for a
to and plant-specific departures from Tier 2 Library located at Two White Flint North, construction permit or operating license
are governed by Section VIII of this 11545 Rockville Pike, Rockville, Maryland under 10 CFR part 50.
appendix. Compliance with Tier 2 provides 20582 and the Office of the Federal Register, V. Applicable Regulations
a sufficient, but not the only acceptable, 800 North Capitol Street, NW., Suite 700,
method for complying with Tier 1. Washington, DC. A. Except as indicated in paragraph B of
Compliance methods differing from Tier 2 B. An applicant or licensee referencing this this section, the regulations that apply to the
must satisfy the change process in Section appendix, in accordance with Section IV of U.S. ABWR design are in 10 CFR parts 20,
VIII of this appendix. Regardless of these this appendix, shall incorporate by reference 50, 73, and 100, codified as of May 2, 1997,
differences, an applicant or licensee must and comply with the requirements of this that are applicable and technically relevant,
meet the requirement in Section III.B of this appendix, including Tier 1, Tier 2, and the as described in the FSER (NUREG–1503) and
appendix to reference Tier 2 when generic technical specifications except as Supplement No. 1.
referencing Tier 1. Tier 2 information otherwise provided in this appendix. B. The U.S. ABWR design is exempt from
includes: Conceptual design information, as set forth in portions of the following regulations:
1. Information required by §§ 52.47(a) and the generic DCD, and the ‘‘Technical Support 1. Paragraph (f)(2)(iv) of 10 CFR 50.34—
52.47(c), with the exception of generic Document for the ABWR’’ are not part of this Separate Plant Safety Parameter Display
technical specifications and conceptual appendix. Tier 2 references to the Console;
design information; probabilistic risk assessment (PRA) in the 2. Paragraph (f)(2)(viii) of 10 CFR 50.34—
2. Supporting information on the ABWR standard safety analysis report do not Post-Accident Sampling for Boron, Chloride,
inspections, tests, and analyses that will be incorporate the PRA into Tier 2. and Dissolved Gases; and
performed to demonstrate that the acceptance C. If there is a conflict between Tier 1 and 3. Paragraph (f)(3)(iv) of 10 CFR 50.34—
criteria in the ITAAC have been met; and Tier 2 of the DCD, then Tier 1 controls. Dedicated Containment Penetration.
VI. Issue Resolution D. Except in accordance with the change or the license expires, including any period
A. The Commission has determined that processes in Section VIII of this appendix, of extended operation under a renewed
the structures, systems, components, and the Commission may not require an applicant license.
design features of the U.S. ABWR design or licensee who references this appendix to:
1. Modify structures, systems, components, VIII. Processes for Changes and Departures
comply with the provisions of the Atomic
Energy Act of 1954, as amended, and the or design features as described in the generic A. Tier 1 information.
applicable regulations identified in Section V DCD; 1. Generic changes to Tier 1 information
of this appendix; and therefore, provide 2. Provide additional or alternative are governed by the requirements in 10 CFR
adequate protection to the health and safety structures, systems, components, or design 52.63(a)(1).
of the public. A conclusion that a matter is features not discussed in the generic DCD; or 2. Generic changes to Tier 1 information
resolved includes the finding that additional 3. Provide additional or alternative design are applicable to all applicants or licensees
or alternative structures, systems, criteria, testing, analyses, acceptance criteria, who reference this appendix, except those for
components, design features, design criteria, or justification for structures, systems, which the change has been rendered
testing, analyses, acceptance criteria, or components, or design features discussed in technically irrelevant by action taken under
justifications are not necessary for the U.S. the generic DCD. paragraphs A.3 or A.4 of this section.
ABWR design. E.1. Persons who wish to review 3. Departures from Tier 1 information that
B. The Commission considers the proprietary and safeguards information or are required by the Commission through
following matters resolved within the other secondary references in the DCD for the plant-specific orders are governed by the
meaning of 10 CFR 52.63(a)(5) in subsequent U.S. ABWR design, in order to request or requirements in 10 CFR 52.63(a)(4).
proceedings for issuance of a combined participate in the hearing required by 10 CFR 4. Exemptions from Tier 1 information are
license, amendment of a combined license, or 52.85 or the hearing provided under 10 CFR governed by the requirements in 10 CFR
renewal of a combined license, proceedings 52.103, or to request or participate in any 52.63(b)(1) and 52.98(f). The Commission
held under 10 CFR 52.103, and enforcement other hearing relating to this appendix in will deny a request for an exemption from
proceedings involving plants referencing this which interested persons have adjudicatory Tier 1, if it finds that the design change will
appendix: hearing rights, shall first request access to result in a significant decrease in the level of
1. All nuclear safety issues, except for the such information from GE Nuclear Energy. safety otherwise provided by the design.
generic technical specifications and other The request must state with particularity: B. Tier 2 information.
operational requirements, associated with the a. The nature of the proprietary or other 1. Generic changes to Tier 2 information
information in the FSER and Supplement No. information sought; are governed by the requirements in 10 CFR
1, Tier 1, Tier 2 (including referenced b. The reason why the information 52.63(a)(1).
information which the context indicates is currently available to the public at the NRC 2. Generic changes to Tier 2 information
intended as requirements), and the Web site, http://www.nrc.gov, and/or at the are applicable to all applicants or licensees
rulemaking record for certification of the U.S. NRC Public Document Room, is insufficient; who reference this appendix, except those for
ABWR design; c. The relevance of the requested which the change has been rendered
2. All nuclear safety and safeguards issues information to the hearing issue(s) which the technically irrelevant by action taken under
associated with the information in person proposes to raise; and paragraphs B.3, B.4, B.5, or B.6 of this
proprietary and safeguards documents, d. A showing that the requesting person section.
referenced and in context, are intended as has the capability to understand and utilize 3. The Commission may not require new
requirements in the generic DCD for the U.S. the requested information. requirements on Tier 2 information by plant-
ABWR design; 2. If a person claims that the information specific order while this appendix is in effect
3. All generic changes to the DCD under is necessary to prepare a request for hearing, under §§ 52.55 or 52.61, unless:
and in compliance with the change processes the request must be filed no later than 15 a. A modification is necessary to secure
in Sections VIII.A.1 and VIII.B.1 of this days after publication in the Federal Register compliance with the Commission’s
appendix; of the notice required either by 10 CFR 52.85 regulations applicable and in effect at the
4. All exemptions from the DCD under and or 10 CFR 52.103. If GE Nuclear Energy time this appendix was approved, as set forth
in compliance with the change processes in declines to provide the information sought, in Section V of this appendix, or to assure
Sections VIII.A.4 and VIII.B.4 of this GE Nuclear Energy shall send a written adequate protection of the public health and
appendix, but only for that plant; response within 10 days of receiving the safety or the common defense and security;
5. All departures from the DCD that are request to the requesting person setting forth and
approved by license amendment, but only for with particularity the reasons for its refusal. b. Special circumstances as defined in 10
that plant; The person may then request the CFR 52.7 are present.
6. Except as provided in paragraph Commission (or presiding officer, if a 4. An applicant or licensee who references
VIII.B.5.f of this appendix, all departures proceeding has been established) to order this appendix may request an exemption
from Tier 2 pursuant to and in compliance disclosure. The person shall include copies from Tier 2 information. The Commission
with the change processes in paragraph of the original request (and any subsequent may grant such a request only if it determines
VIII.B.5 of this appendix that do not require clarifying information provided by the that the exemption will comply with the
prior NRC approval, but only for that plant; requesting party to the applicant) and the requirements of 10 CFR 52.7. The
7. All environmental issues concerning applicant’s response. The Commission and Commission will deny a request for an
severe accident mitigation design alternatives presiding officer shall base their decisions exemption from Tier 2, if it finds that the
associated with the information in the NRC’s solely on the person’s original request design change will result in a significant
final environmental assessment for the U.S. (including any clarifying information decrease in the level of safety otherwise
ABWR design and Revision 1 of the technical provided by the requesting person to GE provided by the design. The grant of an
support document for the U.S. ABWR, dated Nuclear Energy), and GE Nuclear Energy’s exemption to an applicant must be subject to
December 1994, for plants referencing this response. The Commission and presiding litigation in the same manner as other issues
appendix whose site parameters are within officer may order GE Nuclear Energy to material to the license hearing. The grant of
those specified in the technical support provide access to some or all of the requested an exemption to a licensee must be subject
document. information, subject to an appropriate non- to an opportunity for a hearing in the same
C. The Commission does not consider disclosure agreement. manner as license amendments.
operational requirements for an applicant or 5.a. An applicant or licensee who
licensee who references this appendix to be VII. Duration of This Appendix references this appendix may depart from
matters resolved within the meaning of 10 This appendix may be referenced for a Tier 2 information, without prior NRC
CFR 52.63(a)(5). The Commission reserves period of 15 years from June 11, 1997, except approval, unless the proposed departure
the right to require operational requirements as provided for in 10 CFR 52.55(b) and involves a change to or departure from Tier
for an applicant or licensee who references 52.57(b). This appendix remains valid for an 1 information, Tier 2* information, or the
this appendix by rule, regulation, order, or applicant or licensee who references this technical specifications, or requires a license
license condition. appendix until the application is withdrawn amendment under paragraphs B.5.b or B.5.c
of this section. When evaluating the comply with paragraph VIII.B.5 of this 1. Generic changes to generic technical
proposed departure, an applicant or licensee appendix. Further, the petition must specifications and other operational
shall consider all matters described in the demonstrate that the change bears on an requirements that were completely reviewed
plant-specific DCD. asserted noncompliance with an ITAAC and approved in the design certification
b. A proposed departure from Tier 2, other acceptance criterion in the case of a 10 CFR rulemaking and do not require a change to a
than one affecting resolution of a severe 52.103 preoperational hearing, or that the design feature in the generic DCD are
accident issue identified in the plant-specific change bears directly on the amendment governed by the requirements in 10 CFR
DCD, requires a license amendment if it request in the case of a hearing on a license 50.109. Generic changes that do require a
would: amendment. Any other party may file a change to a design feature in the generic DCD
(1) Result in more than a minimal increase response. If, on the basis of the petition and are governed by the requirements in
in the frequency of occurrence of an accident any response, the presiding officer paragraphs A or B of this section.
previously evaluated in the plant-specific determines that a sufficient showing has been 2. Generic changes to generic TS and other
DCD; made, the presiding officer shall certify the operational requirements are applicable to all
(2) Result in more than a minimal increase matter directly to the Commission for applicants who reference this appendix,
in the likelihood of occurrence of a determination of the admissibility of the except those for which the change has been
malfunction of a structure, system, or contention. The Commission may admit such rendered technically irrelevant by action
component (SSC) important to safety a contention if it determines the petition taken under paragraphs C.3 or C.4 of this
previously evaluated in the plant-specific raises a genuine issue of material fact section.
DCD; regarding compliance with paragraph VIII.B.5 3. The Commission may require plant-
(3) Result in more than a minimal increase of this appendix. specific departures on generic technical
in the consequences of an accident 6.a. An applicant who references this specifications and other operational
previously evaluated in the plant-specific appendix may not depart from Tier 2* requirements that were completely reviewed
DCD; information, which is designated with and approved, provided a change to a design
(4) Result in more than a minimal increase italicized text or brackets and an asterisk in feature in the generic DCD is not required
in the consequences of a malfunction of a the generic DCD, without NRC approval. The and special circumstances as defined in 10
SSC important to safety previously evaluated departure will not be considered a resolved CFR 2.335 are present. The Commission may
in the plant-specific DCD; issue, within the meaning of Section VI of modify or supplement generic technical
(5) Create a possibility for an accident of this appendix and 10 CFR 52.63(a)(5). specifications and other operational
a different type than any evaluated b. A licensee who references this appendix requirements that were not completely
previously in the plant-specific DCD; may not depart from the following Tier 2* reviewed and approved or require additional
(6) Create a possibility for a malfunction of matters without prior NRC approval. A technical specifications and other operational
requirements on a plant-specific basis,
an SSC important to safety with a different request for a departure will be treated as a
provided a change to a design feature in the
result than any evaluated previously in the request for a license amendment under 10
generic DCD is not required.
plant-specific DCD; CFR 50.90.
4. An applicant who references this
(7) Result in a design basis limit for a (1) Fuel burnup limit (4.2).
appendix may request an exemption from the
fission product barrier as described in the (2) Fuel design evaluation (4.2.3).
generic technical specifications or other
plant-specific DCD being exceeded or altered; (3) Fuel licensing acceptance criteria operational requirements. The Commission
or (appendix 4B). may grant such a request only if it determines
(8) Result in a departure from a method of c. A licensee who references this appendix that the exemption will comply with the
evaluation described in the plant-specific may not, before the plant first achieves full requirements of 10 CFR 52.7. The grant of an
DCD used in establishing the design bases or power following the finding required by 10 exemption must be subject to litigation in the
in the safety analyses. CFR 52.103(g), depart from the following Tier same manner as other issues material to the
c. A proposed departure from Tier 2 2* matters except in accordance with license hearing.
affecting resolution of an ex-vessel severe paragraph B.6.b of this section. After the 5. A party to an adjudicatory proceeding
accident design feature identified in the plant first achieves full power, the following for either the issuance, amendment, or
plant-specific DCD, requires a license Tier 2* matters revert to Tier 2 status and are renewal of a license or for operation under
amendment if: thereafter subject to the departure provisions 10 CFR 52.103(a), who believes that an
(1) There is a substantial increase in the in paragraph B.5 of this section. operational requirement approved in the
probability of an ex-vessel severe accident (1) ASME Boiler & Pressure Vessel Code, DCD or a technical specification derived from
such that a particular ex-vessel severe Section III. the generic technical specifications must be
accident previously reviewed and (2) ACI 349 and ANSI/AISC–690. changed may petition to admit into the
determined to be not credible could become (3) Motor-operated valves. proceeding such a contention. Such petition
credible; or (4) Equipment seismic qualification must comply with the general requirements
(2) There is a substantial increase in the methods. of 10 CFR 2.309 and must demonstrate why
consequences to the public of a particular ex- (5) Piping design acceptance criteria. special circumstances as defined in 10 CFR
vessel severe accident previously reviewed. (6) Fuel system and assembly design (4.2), 2.335 are present, or for compliance with the
d. If a departure requires a license except burnup limit. Commission’s regulations in effect at the time
amendment pursuant to paragraphs B.5.b or (7) Nuclear design (4.3). this appendix was approved, as set forth in
B.5.c of this section, it is governed by 10 CFR (8) Equilibrium cycle and control rod Section V of this appendix. Any other party
50.90. patterns (App. 4A). may file a response thereto. If, on the basis
e. A departure from Tier 2 information that (9) Control rod licensing acceptance of the petition and any response, the
is made under paragraph B.5 of this section criteria (App. 4C). presiding officer determines that a sufficient
does not require an exemption from this (10) Instrument setpoint methodology. showing has been made, the presiding officer
appendix. (11) EMS performance specifications and shall certify the matter directly to the
f. A party to an adjudicatory proceeding for architecture. Commission for determination of the
either the issuance, amendment, or renewal (12) SSLC hardware and software admissibility of the contention. All other
of a license or for operation under 10 CFR qualification. issues with respect to the plant-specific
52.103(a), who believes that an applicant or (13) Self-test system design testing features technical specifications or other operational
licensee who references this appendix has and commitments. requirements are subject to a hearing as part
not complied with paragraph VIII.B.5 of this (14) Human factors engineering design and of the license proceeding.
appendix when departing from Tier 2 implementation process.
6. After issuance of a license, the generic

information, may petition the NRC to admit d. Departures from Tier 2* information that technical specifications have no further effect
into the proceeding such a contention. In are made under paragraph B.6 of this section on the plant-specific technical specifications
addition to compliance with the general do not require an exemption from this and changes to the plant-specific technical
requirements of 10 CFR 2.309, the petition appendix. specifications will be treated as license
must demonstrate that the departure does not C. Operational requirements. amendments under 10 CFR 50.90.
IX. Inspections, Tests, Analyses, and 2. An applicant or licensee who references II. Definitions
Acceptance Criteria (ITAAC) this appendix shall maintain the plant- A. Generic design control document
A.1. An applicant or licensee who specific DCD to accurately reflect both (generic DCD) means the document
references this appendix shall perform and generic changes to the generic DCD and containing the Tier 1 and Tier 2 information
demonstrate conformance with the ITAAC plant-specific departures made under Section and generic technical specifications that is
before fuel load. With respect to activities VIII of this appendix throughout the period incorporated by reference into this appendix.
subject to an ITAAC, an applicant for a of application and for the term of the license B. Generic technical specifications means
license may proceed at its own risk with (including any period of renewal). the information, required by 10 CFR 50.36
design and procurement activities, and a 3. An applicant or licensee who references and 50.36a, for the portion of the plant that
licensee may proceed at its own risk with this appendix shall prepare and maintain is within the scope of this appendix.
design, procurement, construction, and written evaluations which provide the bases C. Plant-specific DCD means the document,
preoperational activities, even though the for the determinations required by Section maintained by an applicant or licensee who
NRC may not have found that any particular VIII of this appendix. These evaluations must references this appendix, consisting of the
ITAAC has been met. be retained throughout the period of information in the generic DCD, as modified
2. The licensee who references this application and for the term of the license and supplemented by the plant-specific
appendix shall notify the NRC that the departures and exemptions made under
(including any period of renewal).
required inspections, tests, and analyses in Section VIII of this appendix.
the ITAAC have been successfully completed B. Reporting.
1. An applicant or licensee who references D. Tier 1 means the portion of the design-
and that the corresponding acceptance related information contained in the generic
criteria have been met. this appendix shall submit a report to the
DCD that is approved and certified by this
3. In the event that an activity is subject NRC containing a brief description of any
appendix (hereinafter Tier 1 information).
to an ITAAC, and the applicant or licensee plant-specific departures from the DCD, The design descriptions, interface
who references this appendix has not including a summary of the evaluation of requirements, and site parameters are derived
demonstrated that the ITAAC has been met, each. This report must be filed in accordance from Tier 2 information. Tier 1 information
the applicant or licensee may either take with the filing requirements applicable to includes:
corrective actions to successfully complete reports in 10 CFR 52.3. 1. Definitions and general provisions;
that ITAAC, request an exemption from the 2. An applicant or licensee who references 2. Design descriptions;
ITAAC in accordance with Section VIII of this appendix shall submit updates to its 3. Inspections, tests, analyses, and
this appendix and 10 CFR 52.97(b), or DCD, which reflect the generic changes and acceptance criteria (ITAAC);
petition for rulemaking to amend this the plant-specific departures from the generic 4. Significant site parameters; and
appendix by changing the requirements of DCD made under Section VIII of this 5. Significant interface requirements.
the ITAAC, under 10 CFR 2.802 and 52.97(b). appendix. These updates must be filed under E. Tier 2 means the portion of the design-
Such rulemaking changes to the ITAAC must the filing requirements applicable to final related information contained in the generic
meet the requirements of paragraph VIII.A.1 safety analysis report updates in 10 CFR 52.3 DCD that is approved but not certified by this
of this appendix. appendix (Tier 2 information). Compliance
and 50.71(e).
B.1. The NRC shall ensure that the required with Tier 2 is required, but generic changes
3. The reports and updates required by
inspections, tests, and analyses in the ITAAC to and plant-specific departures from Tier 2
are performed. The NRC shall verify that the paragraphs X.B.1 and X.B.2 must be
submitted as follows: are governed by Section VIII of this
inspections, tests, and analyses referenced by appendix. Compliance with Tier 2 provides
the licensee have been successfully a. On the date that an application for a
license referencing this appendix is a sufficient, but not the only acceptable,
completed and, based solely thereon, find the method for complying with Tier 1.
prescribed acceptance criteria have been met. submitted, the application must include the
report and any updates to the generic DCD. Compliance methods differing from Tier 2
At appropriate intervals during construction, must satisfy the change process in Section
the NRC shall publish notices of the b. During the interval from the date of
application for a license to the date the VIII of this appendix. Regardless of these
successful completion of ITAAC in the
Commission makes the finding required by differences, an applicant or licensee must
Federal Register.
meet the requirement in Section III.B of this
2. In accordance with 10 CFR 52.103(g), the 10 CFR 52.103(g), the report must be
appendix to reference Tier 2 when
Commission shall find that the acceptance submitted semiannually. Updates to the
referencing Tier 1. Tier 2 information
criteria in the ITAAC for the license are met plant-specific DCD must be submitted
includes:
before fuel load. annually and may be submitted along with 1. Information required by §§ 52.47(a) and
3. After the Commission has made the amendments to the application. 52.47(c), with the exception of generic
finding required by 10 CFR 52.103(g), the c. After the Commission makes the finding
ITAAC do not, by virtue of their inclusion technical specifications and conceptual
required by 10 CFR 52.103(g), reports and design information;
within the DCD, constitute regulatory updates to the plant-specific DCD must be
requirements either for licensees or for 2. Supporting information on the
submitted, along with updates to the site- inspections, tests, and analyses that will be
renewal of the license; except for specific specific portion of the final safety analysis
ITAAC, which are the subject of a § 52.103(a) performed to demonstrate that the acceptance
report for the facility, at the intervals criteria in the ITAAC have been met; and
hearing, their expiration will occur upon required by 10 CFR 50.59(d)(2) and 10 CFR
final Commission action in such proceeding. 3. Combined license (COL) action items
50.71(e)(4), respectively, or at shorter (COL license information), which identify
However, subsequent modifications must
intervals as specified in the license. certain matters that must be addressed in the
comply with the Tier 1 and Tier 2 design
descriptions in the plant-specific DCD unless site-specific portion of the final safety
Appendix B to Part 52—Design
the licensee has complied with the analysis report (FSAR) by an applicant who
Certification Rule for the System 80+ references this appendix. These items
applicable requirements of 10 CFR 52.98 and
Design constitute information requirements but are
Section VIII of this appendix.
I. Introduction not the only acceptable set of information in
X. Records and Reporting the FSAR. An applicant may depart from or
Appendix B constitutes design certification omit these items, provided that the departure
A. Records.
1. The applicant for this appendix shall for the System 80+ 1 standard plant design, or omission is identified and justified in the
maintain a copy of the generic DCD that in accordance with 10 CFR part 52, subpart FSAR. After issuance of a construction
includes all generic changes to Tier 1, Tier B. The applicant for certification of the permit or COL, these items are not
System 80+ design was Combustion requirements for the licensee unless such
2, and the generic TS and other operational

requirements. The applicant shall maintain Engineering, Inc. (ABB–CE), which is now items are restated in the FSAR.
the proprietary and safeguards information Westinghouse Electric Company LLC. F. Tier 2* means the portion of the Tier 2
referenced in the generic DCD for the period information, designated as such in the
that this appendix may be referenced, as 1 ‘‘System 80+’’ is a trademark of Westinghouse generic DCD, which is subject to the change
specified in Section VII of this appendix. Electric Company LLC. process in Section VIII.B.6 of this appendix.
This designation expires for some Tier 2* 1. Incorporate by reference, as part of its proceedings for issuance of a combined
information under Section VIII.B.6 of this application, this appendix; license, amendment of a combined license, or
appendix. 2. Include, as part of its application: renewal of a combined license, proceedings
G. Departure from a method of evaluation a. A plant-specific DCD containing the held under 10 CFR 52.103, and enforcement
described in the plant-specific DCD used in same type of information and using the same proceedings involving plants referencing this
establishing the design bases or in the safety organization and numbering as the generic appendix:
analyses means: DCD for the System 80+ design, as modified 1. All nuclear safety issues, except for the
(1) Changing any of the elements of the and supplemented by the applicant’s generic technical specifications and other
method described in the plant-specific DCD exemptions and departures; operational requirements, associated with the
unless the results of the analysis are b. The reports on departures from and information in the FSER and Supplement No.
conservative or essentially the same; or updates to the plant-specific DCD required by 1, Tier 1, Tier 2 (including referenced
(2) Changing from a method described in paragraph X.B of this appendix; information which the context indicates is
the plant-specific DCD to another method c. Plant-specific technical specifications, intended as requirements), and the
unless that method has been approved by consisting of the generic and site-specific rulemaking record for certification of the
NRC for the intended application. technical specifications, that are required by System 80+ design;
H. All other terms in this appendix have 10 CFR 50.36 and 50.36a; 2. All nuclear safety and safeguards issues
the meaning set out in 10 CFR 50.2 or 52.1, d. Information demonstrating compliance associated with the information in
or Section 11 of the Atomic Energy Act of with the site parameters and interface proprietary and safeguards documents,
1954, as amended, as applicable. requirements; referenced and in context, are intended as
III. Scope and Contents e. Information that addresses the COL requirements in the generic DCD for the
action items; and System 80+ design;
A. Tier 1, Tier 2, and the generic technical 3. All generic changes to the DCD under
f. Information required by 10 CFR 52.47
specifications in the System 80+ Design and in compliance with the change processes
that is not within the scope of this appendix.
Control Document, ABB–CE, with revisions in Sections VIII.A.1 and VIII.B.1 of this
dated January 1997, are approved for 3. Include, in the plant-specific DCD, the
proprietary information referenced in the appendix;
incorporation by reference by the Director of 4. All exemptions from the DCD under and
the Office of the Federal Register in System 80+ DCD.
B. The Commission reserves the right to in compliance with the change processes in
accordance with 5 U.S.C. 552(a) and 1 CFR Sections VIII.A.4 and VIII.B.4 of this
part 51. Copies of the generic DCD may be determine in what manner this appendix
may be referenced by an applicant for a appendix, but only for that plant;
obtained from the National Technical 5. All departures from the DCD that are
Information Service, 5285 Port Royal Road, construction permit or operating license
under 10 CFR part 50. approved by license amendment, but only for
Springfield, Virginia 22161. A copy is that plant;
available for examination and copying at the V. Applicable Regulations 6. Except as provided in paragraph
NRC Public Document Room located at One VIII.B.5.f of this appendix, all departures
White Flint North, 11555 Rockville Pike (first A. Except as indicated in paragraph B of
this section, the regulations that apply to the from Tier 2 under and in compliance with
floor), Rockville, Maryland 20852. Copies are
System 80+ design are in 10 CFR parts 20, the change processes in paragraph VIII.B.5 of
also available for examination at the NRC
50, 73, and 100, codified as of May 9, 1997, this appendix that do not require prior NRC
Library located at Two White Flint North,
that are applicable and technically relevant, approval, but only for that plant;
11545 Rockville Pike, Rockville, Maryland
as described in the FSER (NUREG–1462) and 7. All environmental issues concerning
20582 and the Office of the Federal Register,
Supplement No. 1. severe accident mitigation design alternatives
800 North Capitol Street, NW., Suite 700,
B. The System 80+ design is exempt from associated with the information in the NRC’s
Washington, DC.
portions of the following regulations: final environmental assessment for the
B. An applicant or licensee referencing this
1. Paragraph (f)(2)(iv) of 10 CFR 50.34— System 80+ design and the technical support
appendix, in accordance with Section IV of
this appendix, shall incorporate by reference Separate Plant Safety Parameter Display document for the System 80+ design, dated
and comply with the requirements of this Console; January 1995, for plants referencing this
appendix, including Tier 1, Tier 2, and the 2. Paragraphs (f)(2) (vii), (viii), (xxvi), and appendix whose site parameters are within
generic technical specifications except as (xxviii) of 10 CFR 50.34—Accident Source those specified in the technical support
otherwise provided in this appendix. Terms; document.
Conceptual design information, as set forth in 3. Paragraph (f)(2)(viii) of 10 CFR 50.34— C. The Commission does not consider
the generic DCD, and the Technical Support Post-Accident Sampling for Hydrogen, operational requirements for an applicant or
Document for the System 80+ design are not Boron, Chloride, and Dissolved Gases; licensee who references this appendix to be
part of this appendix. 4. Paragraph (f)(3)(iv) of 10 CFR 50.34— matters resolved within the meaning of 10
C. If there is a conflict between Tier 1 and Dedicated Containment Penetration; and CFR 52.63(a)(5). The Commission reserves
Tier 2 of the DCD, then Tier 1 controls. 5. Paragraphs III.A.1(a) and III.C.3(b) of the right to require operational requirements
D. If there is a conflict between the generic Appendix J to 10 CFR 50—Containment for an applicant or licensee who references
DCD and either the application for design Leakage Testing. this appendix by rule, regulation, order, or
certification of the System 80+ design or license condition.
VI. Issue Resolution D. Except in accordance with the change
NUREG–1462, ‘‘Final Safety Evaluation
Report Related to the Certification of the A. The Commission has determined that processes in Section VIII of this appendix,
System 80+ Design,’’ (FSER) and Supplement the structures, systems, components, and the Commission may not require an applicant
No. 1, then the generic DCD controls. design features of the System 80+ design or licensee who references this appendix to:
E. Design activities for structures, systems, comply with the provisions of the Atomic 1. Modify structures, systems, components,
and components that are wholly outside the Energy Act of 1954, as amended, and the or design features as described in the generic
scope of this appendix may be performed applicable regulations identified in Section V DCD;
using site characteristics, provided the design of this appendix; and therefore, provide 2. Provide additional or alternative
activities do not affect the DCD or conflict adequate protection to the health and safety structures, systems, components, or design
with the interface requirements. of the public. A conclusion that a matter is features not discussed in the generic DCD; or
resolved includes the finding that additional 3. Provide additional or alternative design
IV. Additional Requirements and or alternative structures, systems, criteria, testing, analyses, acceptance criteria,
Restrictions components, design features, design criteria, or justification for structures, systems,
testing, analyses, acceptance criteria, or components, or design features discussed in
A. An applicant for a combined license

that wishes to reference this appendix shall, justifications are not necessary for the System the generic DCD.
in addition to complying with the 80+ design. E.1. Persons who wish to review
requirements of 10 CFR 52.77, 52.79, and B. The Commission considers the proprietary information or other secondary
52.80, comply with the following following matters resolved within the references in the DCD for the System 80+
requirements: meaning of 10 CFR 52.63(a)(5) in subsequent design, in order to request or participate in
the hearing required by 10 CFR 52.85 or the 52.63(b)(1) and 52.98(f). The Commission previously evaluated in the plant-specific
hearing provided under 10 CFR 52.103, or to will deny a request for an exemption from DCD;
request or participate in any other hearing Tier 1, if it finds that the design change will (4) Result in more than a minimal increase
relating to this appendix in which interested result in a significant decrease in the level of in the consequences of a malfunction of an
persons have adjudicatory hearing rights, safety otherwise provided by the design. SSC important to safety previously evaluated
shall first request access to such information in the plant-specific DCD;
from Westinghouse. The request must state B. Tier 2 Information
(5) Create a possibility for an accident of
with particularity: 1. Generic changes to Tier 2 information a different type than any evaluated
a. The nature of the proprietary or other are governed by the requirements in 10 CFR previously in the plant-specific DCD;
information sought; 52.63(a)(1). (6) Create a possibility for a malfunction of
b. The reason why the information 2. Generic changes to Tier 2 information an SSC important to safety with a different
currently available to the public at the NRC are applicable to all applicants or licensees result than any evaluated previously in the
Web site, http://www.nrc.gov, and/or at the who reference this appendix, except those for plant-specific DCD;
NRC Public Document Room, is insufficient; which the change has been rendered (7) Result in a design basis limit for a
c. The relevance of the requested technically irrelevant by action taken under fission product barrier as described in the
information to the hearing issue(s) which the paragraphs B.3, B.4, B.5, or B.6 of this plant-specific DCD being exceeded or altered;
person proposes to raise; and section. or
d. A showing that the requesting person 3. The Commission may not require new (8) Result in a departure from a method of
has the capability to understand and utilize requirements on Tier 2 information by plant- evaluation described in the plant-specific
the requested information. specific order while this appendix is in effect DCD used in establishing the design bases or
2. If a person claims that the information under §§ 52.55 or 52.61, unless: in the safety analyses.
is necessary to prepare a request for hearing, a. A modification is necessary to secure c. A proposed departure from Tier 2
the request must be filed no later than 15 compliance with the Commission’s affecting resolution of an ex-vessel severe
days after publication in the Federal Register regulations applicable and in effect at the accident design feature identified in the
of the notice required either by 10 CFR 52.85 time this appendix was approved, as set forth plant-specific DCD, requires a license
or 10 CFR 52.103. If Westinghouse declines in Section V of this appendix, or to assure amendment if:
to provide the information sought, adequate protection of the public health and (1) There is a substantial increase in the
Westinghouse shall send a written response safety or the common defense and security;
probability of an ex-vessel severe accident
within ten (10) days of receiving the request and
such that a particular ex-vessel severe
to the requesting person setting forth with b. Special circumstances as defined in 10
accident previously reviewed and
particularity the reasons for its refusal. The CFR 52.7 are present.
determined to be not credible could become
person may then request the Commission (or 4. An applicant or licensee who references
credible; or
presiding officer, if a proceeding has been this appendix may request an exemption
(2) There is a substantial increase in the
established) to order disclosure. The person from Tier 2 information. The Commission
consequences to the public of a particular ex-
shall include copies of the original request may grant such a request only if it determines
vessel severe accident previously reviewed.
(and any subsequent clarifying information that the exemption will comply with the
d. If a departure requires a license
provided by the requesting party to the requirements of 10 CFR 52.7. The
Commission will deny a request for an amendment under paragraph B.5.b or B.5.c of
applicant) and the applicant’s response. The this section, it is governed by 10 CFR 50.90.
Commission and presiding officer shall base exemption from Tier 2, if it finds that the
design change will result in a significant e. A departure from Tier 2 information that
their decisions solely on the person’s original is made under paragraph B.5 of this section
request (including any clarifying information decrease in the level of safety otherwise
provided by the design. The grant of an does not require an exemption from this
provided by the requesting person to appendix.
Westinghouse), and Westinghouse’s exemption to an applicant must be subject to
litigation in the same manner as other issues f. A party to an adjudicatory proceeding for
response. The Commission and presiding either the issuance, amendment, or renewal
officer may order Westinghouse to provide material to the license hearing. The grant of
an exemption to a licensee must be subject of a license or for operation under 10 CFR
access to some or all of the requested
to an opportunity for a hearing in the same 52.103(a), who believes that an applicant or
information, subject to an appropriate non-
manner as license amendments. licensee who references this appendix has
disclosure agreement.
5.a. An applicant or licensee who not complied with paragraph VIII.B.5 of this
VII. Duration of This Appendix references this appendix may depart from appendix when departing from Tier 2
This appendix may be referenced for a Tier 2 information, without prior NRC information, may petition the NRC to admit
period of 15 years from June 20, 1997, except approval, unless the proposed departure into the proceeding such a contention. In
as provided for in 10 CFR 52.55(b) and involves a change to or departure from Tier addition to compliance with the general
52.57(b). This appendix remains valid for an 1 information, Tier 2* information, or the requirements of 10 CFR 2.309, the petition
applicant or licensee who references this technical specifications, or requires a license must demonstrate that the departure does not
appendix until the application is withdrawn amendment under paragraphs B.5.b or B.5.c comply with paragraph VIII.B.5 of this
or the license expires, including any period of this section. When evaluating the appendix. Further, the petition must
of extended operation under a renewed proposed departure, an applicant or licensee demonstrate that the change bears on an
license. shall consider all matters described in the asserted noncompliance with an ITAAC
plant-specific DCD. acceptance criterion in the case of a 10 CFR
VIII. Processes for Changes and Departures b. A proposed departure from Tier 2, other 52.103 preoperational hearing, or that the
A. Tier 1 information. than one affecting resolution of a severe change bears directly on the amendment
1. Generic changes to Tier 1 information accident issue identified in the plant-specific request in the case of a hearing on a license
are governed by the requirements in 10 CFR DCD, requires a license amendment if it amendment. Any other party may file a
52.63(a)(1). would— response. If, on the basis of the petition and
2. Generic changes to Tier 1 information (1) Result in more than a minimal increase any response, the presiding officer
are applicable to all applicants or licensees in the frequency of occurrence of an accident determines that a sufficient showing has been
who reference this appendix, except those for previously evaluated in the plant-specific made, the presiding officer shall certify the
which the change has been rendered DCD; matter directly to the Commission for
technically irrelevant by action taken under (2) Result in more than a minimal increase determination of the admissibility of the
paragraphs A.3 or A.4 of this section. in the likelihood of occurrence of a contention. The Commission may admit such
a contention if it determines the petition
3. Departures from Tier 1 information that malfunction of a structure, system, or

are required by the Commission through component (SSC) important to safety raises a genuine issue of material fact
plant-specific orders are governed by the previously evaluated in the plant-specific regarding compliance with paragraph VIII.B.5
requirements in 10 CFR 52.63(a)(4). DCD; of this appendix.
4. Exemptions from Tier 1 information are (3) Result in more than a minimal increase 6.a. An applicant who references this
governed by the requirements in 10 CFR in the consequences of an accident appendix may not depart from Tier 2*
information, which is designated with reviewed and approved or require additional ITAAC in accordance with Section VIII of
italicized text or brackets and an asterisk in technical specifications and other operational this appendix and 10 CFR 52.97(b), or
the generic DCD, without NRC approval. The requirements on a plant-specific basis, petition for rulemaking to amend this
departure will not be considered a resolved provided a change to a design feature in the appendix by changing the requirements of
issue, within the meaning of Section VI of generic DCD is not required. the ITAAC, under 10 CFR 2.802 and 52.97(b).
this appendix and 10 CFR 52.63(a)(5). 4. An applicant who references this Such rulemaking changes to the ITAAC must
b. A licensee who references this appendix appendix may request an exemption from the meet the requirements of Section VIII.A.1 of
may not depart from the following Tier 2* generic technical specifications or other this appendix.
matters without prior NRC approval. A operational requirements. The Commission B.1 The NRC shall ensure that the required
request for a departure will be treated as a may grant such a request only if it determines inspections, tests, and analyses in the ITAAC
request for a license amendment under 10 that the exemption will comply with the are performed. The NRC shall verify that the
CFR 50.90. requirements of 10 CFR 52.7. The grant of an inspections, tests, and analyses referenced by
(1) Maximum fuel rod average burnup. exemption must be subject to litigation in the the licensee have been successfully
(2) Control room human factors same manner as other issues material to the completed and, based solely thereon, find the
engineering. license hearing. prescribed acceptance criteria have been met.
c. A licensee who references this appendix 5. A party to an adjudicatory proceeding At appropriate intervals during construction,
may not, before the plant first achieves full for either the issuance, amendment, or the NRC shall publish notices of the
power following the finding required by 10 renewal of a license or for operation under successful completion of ITAAC in the
CFR 52.103(g), depart from the following Tier 10 CFR 52.103(a), who believes that an Federal Register.
2* matters except in accordance with operational requirement approved in the 2. In accordance with 10 CFR 52.103(g), the
paragraph B.6.b of this section. After the DCD or a technical specification derived from Commission shall find that the acceptance
plant first achieves full power, the following the generic technical specifications must be criteria in the ITAAC for the license are met
Tier 2* matters revert to Tier 2 status and are changed may petition to admit into the before fuel load.
thereafter subject to the departure provisions proceeding such a contention. Such a 3. After the Commission has made the
in paragraph B.5 of this section. petition must comply with the general finding required by 10 CFR 52.103(g), the
(1) ASME Boiler & Pressure Vessel Code, requirements of 10 CFR 2.309 and must ITAAC do not, by virtue of their inclusion
Section III. within the DCD, constitute regulatory
demonstrate why special circumstances as
(2) ACI 349 and ANSI/AISC–690. requirements either for licensees or for
defined in 10 CFR 2.335 are present, or for
(3) Motor-operated valves. renewal of the license; except for specific
compliance with the Commission’s
(4) Equipment seismic qualification ITAAC, which are the subject of a § 52.103(a)
regulations in effect at the time this appendix
methods. hearing, their expiration will occur upon
was approved, as set forth in Section V of
(5) Piping design acceptance criteria. final Commission action in such proceeding.
this appendix. Any other party may file a
(6) Fuel and control rod design, except However, subsequent modifications must
response thereto. If, on the basis of the
burnup limit. comply with the Tier 1 and Tier 2 design
petition and any response, the presiding
(7) Instrumentation and controls setpoint descriptions in the plant-specific DCD unless
officer determines that a sufficient showing
methodology. the licensee has complied with the
has been made, the presiding officer shall applicable requirements of 10 CFR 52.98 and
(8) Instrumentation and controls hardware certify the matter directly to the Commission Section VIII of this appendix.
and software changes. for determination of the admissibility of the
(9) Instrumentation and controls contention. All other issues with respect to X. Records and Reporting
environmental qualification. the plant-specific technical specifications or A. Records.
(10) Seismic design criteria for non-seismic other operational requirements are subject to 1. The applicant for this appendix shall
Category I structures. a hearing as part of the license proceeding. maintain a copy of the generic DCD that
d. Departures from Tier 2* information that 6. After issuance of a license, the generic includes all generic changes to Tier 1, Tier
are made under paragraph B.6 of this section technical specifications have no further effect 2, and the generic TS and other operational
do not require an exemption from this on the plant-specific technical specifications requirements. The applicant shall maintain
appendix. and changes to the plant-specific technical the proprietary and safeguards information
C. Operational requirements. specifications will be treated as license referenced in the generic DCD for the period
1. Generic changes to generic technical amendments under 10 CFR 50.90. that this appendix may be referenced, as
specifications and other operational specified in Section VII of this appendix.
requirements that were completely reviewed IX. Inspections, Tests, Analyses, and
Acceptance Criteria (ITAAC) 2. An applicant or licensee who references
and approved in the design certification this appendix shall maintain the plant-
rulemaking and do not require a change to a A.1 An applicant or licensee who specific DCD to accurately reflect both
design feature in the generic DCD are references this appendix shall perform and generic changes to the generic DCD and
governed by the requirements in 10 CFR demonstrate conformance with the ITAAC plant-specific departures made under Section
50.109. Generic changes that do require a before fuel load. With respect to activities VIII of this appendix throughout the period
change to a design feature in the generic DCD subject to an ITAAC, an applicant for a of application and for the term of the license
are governed by the requirements in license may proceed at its own risk with (including any period of renewal).
paragraphs A or B of this section. design and procurement activities, and a 3. An applicant or licensee who references
2. Generic changes to generic TS and other licensee may proceed at its own risk with this appendix shall prepare and maintain
operational requirements are applicable to all design, procurement, construction, and written evaluations which provide the bases
applicants who reference this appendix, preoperational activities, even though the for the determinations required by Section
except those for which the change has been NRC may not have found that any particular VIII of this appendix. These evaluations must
rendered technically irrelevant by action ITAAC has been met. be retained throughout the period of
taken under paragraphs C.3 or C.4 of this 2. The licensee who references this application and for the term of the license
section. appendix shall notify the NRC that the (including any period of renewal).
3. The Commission may require plant- required inspections, tests, and analyses in B. Reporting.
specific departures on generic technical the ITAAC have been successfully completed 1. An applicant or licensee who references
specifications and other operational and that the corresponding acceptance this appendix shall submit a report to the
requirements that were completely reviewed criteria have been met. NRC containing a brief description of any
and approved, provided a change to a design 3. In the event that an activity is subject plant-specific departures from the DCD,
feature in the generic DCD is not required to an ITAAC, and the applicant or licensee
including a summary of the evaluation of

and special circumstances as defined in 10 who references this appendix has not each. This report must be filed in accordance
CFR 2.335 are present. The Commission may demonstrated that the ITAAC has been met, with the filing requirements applicable to
modify or supplement generic technical the applicant or licensee may either take reports in 10 CFR 52.3.
specifications and other operational corrective actions to successfully complete 2. An applicant or licensee who references
requirements that were not completely that ITAAC, request an exemption from the this appendix shall submit updates to its
DCD, which reflect the generic changes to E. Tier 2 means the portion of the design- part 51. Copies of the generic DCD may be
and plant-specific departures from the related information contained in the generic obtained from Ronald P. Vijuk, Manager,
generic DCD made under Section VIII of this DCD that is approved but not certified by this Passive Plant Engineering, Westinghouse
appendix. These updates must be filed under appendix (Tier 2 information). Compliance Electric Company, P.O. Box 355, Pittsburgh,
the filing requirements applicable to final with Tier 2 is required, but generic changes Pennsylvania 15230–0355. A copy of the
safety analysis report updates in 10 CFR 52.3 to and plant-specific departures from Tier 2 generic DCD is available for examination and
and 50.71(e). are governed by Section VIII of this copying at the NRC Public Document Room
3. The reports and updates required by appendix. Compliance with Tier 2 provides located at One White Flint North, 11555
paragraphs X.B.1 and X.B.2 must be a sufficient, but not the only acceptable, Rockville Pike (first floor), Rockville,
submitted as follows: method for complying with Tier 1. Maryland 20852. Copies are also available for
a. On the date that an application for a Compliance methods differing from Tier 2 examination at the NRC Library located at
license referencing this appendix is must satisfy the change process in Section Two White Flint North, 11545 Rockville
submitted, the application must include the VIII of this appendix. Regardless of these Pike, Rockville, Maryland 20582; and the
report and any updates to the generic DCD. differences, an applicant or licensee must Office of the Federal Register, 800 North
b. During the interval from the date of meet the requirement in Section III.B of this Capitol Street, NW., Suite 700, Washington,
application for a license to the date the appendix to reference Tier 2 when DC.
Commission makes the finding required by referencing Tier 1. Tier 2 information B. An applicant or licensee referencing this
10 CFR 52.103(g), the report must be includes: appendix, in accordance with Section IV of
submitted semi-annually. Updates to the 1. Information required by §§ 52.47(a) and
plant-specific DCD must be submitted this appendix, shall incorporate by reference
52.47(c), with the exception of generic and comply with the requirements of this
annually and may be submitted along with technical specifications and conceptual
amendments to the application. appendix, including Tier 1, Tier 2 (including
design information; the investment protection short-term
c. After the Commission makes the finding 2. Supporting information on the
required by 10 CFR 52.103(g), the reports and availability controls in Section 16.3), and the
inspections, tests, and analyses that will be
updates to the plant-specific DCD must be generic technical specifications except as
performed to demonstrate that the acceptance
submitted, along with updates to the site- otherwise provided in this appendix.
criteria in the ITAAC have been met; and
specific portion of the final safety analysis Conceptual design information in the generic
3. Combined license (COL) action items
report for the facility, at the intervals DCD and the evaluation of severe accident
(COL license information), which identify
required by 10 CFR 50.59(d)(2) and mitigation design alternatives in Appendix
certain matters that must be addressed in the
50.71(e)(4), respectively, or at shorter 1B of the generic DCD are not part of this
site-specific portion of the final safety
intervals as specified in the license. appendix.
analysis report (FSAR) by an applicant who
C. If there is a conflict between Tier 1 and
Appendix C to Part 52—Design references this appendix. These items
Tier 2 of the DCD, then Tier 1 controls.
constitute information requirements but are
Certification Rule for the AP600 Design D. If there is a conflict between the generic
not the only acceptable set of information in
the FSAR. An applicant may depart from or DCD and either the application for design
I. Introduction
omit these items, provided that the departure certification of the AP600 design or NUREG–
Appendix C constitutes the standard 1512, ‘‘Final Safety Evaluation Report
design certification for the AP600 1 design, in or omission is identified and justified in the
FSAR. After issuance of a construction Related to Certification of the AP600
accordance with 10 CFR part 52, subpart B. Standard Design,’’ (FSER), then the generic
The applicant for certification of the AP600 permit or COL, these items are not
requirements for the licensee unless such DCD controls.
design is Westinghouse Electric Company E. Design activities for structures, systems,
LLC. items are restated in the FSAR.
4. The investment protection short-term and components that are wholly outside the
II. Definitions availability controls in Section 16.3 of the scope of this appendix may be performed
DCD. using site characteristics, provided the design
A. Generic design control document
F. Tier 2* means the portion of the Tier 2 activities do not affect the DCD or conflict
(generic DCD) means the document
information, designated as such in the with the interface requirements.
containing the Tier 1 and Tier 2 information
and generic technical specifications that is generic DCD, which is subject to the change IV. Additional Requirements and
incorporated by reference into this appendix. process in Section VIII.B.6 of this appendix. Restrictions
B. Generic technical specifications means This designation expires for some Tier 2*
information under Section VIII.B.6. A. An applicant for a combined license
the information, required by 10 CFR 50.36
G. Departure from a method of evaluation that wishes to reference this appendix shall,
and 50.36a, for the portion of the plant that
described in the plant-specific DCD used in in addition to complying with the
is within the scope of this appendix.
C. Plant-specific DCD means the document, establishing the design bases or in the safety requirements of 10 CFR 52.77, 52.79, and
maintained by an applicant or licensee who analyses means: 52.80, comply with the following
references this appendix, consisting of the (1) Changing any of the elements of the requirements:
information in the generic DCD, as modified method described in the plant-specific DCD 1. Incorporate by reference, as part of its
and supplemented by the plant-specific unless the results of the analysis are application, this appendix;
departures and exemptions made under conservative or essentially the same; or 2. Include, as part of its application:
Section VIII of this appendix. (2) Changing from a method described in a. A plant-specific DCD containing the
D. Tier 1 means the portion of the design- the plant-specific DCD to another method same type of information and utilizing the
related information contained in the generic unless that method has been approved by same organization and numbering as the
DCD that is approved and certified by this NRC for the intended application. generic DCD for the AP600 design, as
appendix (hereinafter Tier 1 information). H. All other terms in this appendix have modified and supplemented by the
The design descriptions, interface the meaning set out in 10 CFR 50.2 or 52.1, applicant’s exemptions and departures;
requirements, and site parameters are derived or Section 11 of the Atomic Energy Act of b. The reports on departures from and
from Tier 2 information. Tier 1 information 1954, as amended, as applicable. updates to the plant-specific DCD required by
includes: paragraph X.B of this appendix;
1. Definitions and general provisions; III. Scope and Contents c. Plant-specific technical specifications,
2. Design descriptions; A. Tier 1, Tier 2 (including the investment consisting of the generic and site-specific
3. Inspections, tests, analyses, and protection short-term availability controls in technical specifications, that are required by
acceptance criteria (ITAAC); Section 16.3), and the generic technical 10 CFR 50.36 and 50.36a;
4. Significant site parameters; and specifications in the AP600 DCD (12/99 d. Information demonstrating compliance
5. Significant interface requirements. revision) are approved for incorporation by with the site parameters and interface
reference by the Director of the Office of the requirements;
1 AP600 is a trademark of Westinghouse Electric Federal Register on January 24, 2000, in e. Information that addresses the COL
Company LLC. accordance with 5 U.S.C. 552(a) and 1 CFR action items; and
f. Information required by 10 CFR 52.47 requirements in the generic DCD for the 2. If a person claims that the information
that is not within the scope of this appendix. AP600 design; is necessary to prepare a request for hearing,
3. Include, in the plant-specific DCD, the 3. All generic changes to the DCD under the request must be filed no later than 15
proprietary information and safeguards and in compliance with the change processes days after publication in the Federal Register
information referenced in the AP600 DCD. in Sections VIII.A.1 and VIII.B.1 of this of the notice required either by 10 CFR 52.85
B. The Commission reserves the right to appendix; or 10 CFR 52.103. If Westinghouse declines
determine in what manner this appendix 4. All exemptions from the DCD under and to provide the information sought,
may be referenced by an applicant for a in compliance with the change processes in Westinghouse shall send a written response
construction permit or operating license Sections VIII.A.4 and VIII.B.4 of this within 10 days of receiving the request to the
under 10 CFR part 50. appendix, but only for that plant; requesting person setting forth with
5. All departures from the DCD that are particularity the reasons for its refusal. The
V. Applicable Regulations approved by license amendment, but only for person may then request the Commission (or
A. Except as indicated in paragraph B of that plant; presiding officer, if a proceeding has been
this section, the regulations that apply to the 6. Except as provided in paragraph established) to order disclosure. The person
AP600 design are in 10 CFR parts 20, 50, 73, VIII.B.5.f of this appendix, all departures shall include copies of the original request
and 100, codified as of December 16, 1999, from Tier 2 under and in compliance with (and any subsequent clarifying information
that are applicable and technically relevant, the change processes in paragraph VIII.B.5 of provided by the requesting party to the
as described in the FSER (NUREG–1512) and this appendix that do not require prior NRC applicant) and the applicant’s response. The
the supplementary information for this approval, but only for that plant; Commission and presiding officer shall base
section. 7. All environmental issues concerning their decisions solely on the person’s original
B. The AP600 design is exempt from severe accident mitigation design alternatives request (including any clarifying information
portions of the following regulations: associated with the information in the NRC’s provided by the requesting person to
1. Paragraph (a)(1) of 10 CFR 50.34—whole environmental assessment for the AP600 Westinghouse), and Westinghouse’s
body dose criterion; design and appendix 1B of the generic DCD, response. The Commission and presiding
2. Paragraph (f)(2)(iv) of 10 CFR 50.34— for plants referencing this appendix whose officer may order Westinghouse to provide
Plant Safety Parameter Display Console; site parameters are within those specified in access to some or all of the requested
3. Paragraphs (f)(2)(vii), (viii), (xxvi), and the severe accident mitigation design information, subject to an appropriate non-
(xxviii) of 10 CFR 50.34—Accident Source alternatives evaluation. disclosure agreement.
Term in TID 14844; C. The Commission does not consider VII. Duration of This Appendix
4. Paragraph (a)(2) of 10 CFR 50.55a— operational requirements for an applicant or
licensee who references this appendix to be This appendix may be referenced for a
ASME Boiler and Pressure Vessel Code;
matters resolved within the meaning of 10 period of 15 years from January 24, 2000,
5. Paragraph (c)(1) of 10 CFR 50.62—
CFR 52.63(a)(5). The Commission reserves except as provided for in 10 CFR 52.55(b)
Auxiliary (or emergency) feedwater system;
the right to require operational requirements and 52.57(b). This appendix remains valid
6. Appendix A to 10 CFR part 50, GDC
for an applicant or licensee who references for an applicant or licensee who references
17—Offsite Power Sources; and
this appendix by rule, regulation, order, or this appendix until the application is
7. Appendix A to 10 CFR part 50, GDC withdrawn or the license expires, including
19—whole body dose criterion. license condition.
any period of extended operation under a
D. Except in accordance with the change
VI. Issue Resolution renewed license.
processes in Section VIII of this appendix,
A. The Commission has determined that the Commission may not require an applicant VIII. Processes for Changes and Departures
the structures, systems, components, and or licensee who references this appendix to: A. Tier 1 information.
design features of the AP600 design comply 1. Modify structures, systems, components, 1. Generic changes to Tier 1 information
with the provisions of the Atomic Energy Act or design features as described in the generic are governed by the requirements in 10 CFR
of 1954, as amended, and the applicable DCD; 52.63(a)(1).
regulations identified in Section V of this 2. Provide additional or alternative 2. Generic changes to Tier 1 information
appendix; and therefore, provide adequate structures, systems, components, or design are applicable to all applicants or licensees
protection to the health and safety of the features not discussed in the generic DCD; or who reference this appendix, except those for
public. A conclusion that a matter is resolved 3. Provide additional or alternative design which the change has been rendered
includes the finding that additional or criteria, testing, analyses, acceptance criteria, technically irrelevant by action taken under
alternative structures, systems, components, or justification for structures, systems, paragraphs A.3 or A.4 of this section.
design features, design criteria, testing, components, or design features discussed in 3. Departures from Tier 1 information that
analyses, acceptance criteria, or justifications the generic DCD. are required by the Commission through
are not necessary for the AP600 design. E.1. Persons who wish to review plant-specific orders are governed by the
B. The Commission considers the proprietary and safeguards information or requirements in 10 CFR 52.63(a)(4).
following matters resolved within the other secondary references in the AP600 4. Exemptions from Tier 1 information are
meaning of 10 CFR 52.63(a)(5) in subsequent DCD, in order to request or participate in the governed by the requirements in 10 CFR
proceedings for issuance of a combined hearing required by 10 CFR 52.85 or the 52.63(b)(1) and 52.98(f). The Commission
license, amendment of a combined license, or hearing provided under 10 CFR 52.103, or to will deny a request for an exemption from
renewal of a combined license, proceedings request or participate in any other hearing Tier 1, if it finds that the design change will
held under 10 CFR 52.103, and enforcement relating to this appendix in which interested result in a significant decrease in the level of
proceedings involving plants referencing this persons have adjudicatory hearing rights, safety otherwise provided by the design.
appendix: shall first request access to such information B. Tier 2 information.
1. All nuclear safety issues, except for the from Westinghouse. The request must state 1. Generic changes to Tier 2 information
generic technical specifications and other with particularity: are governed by the requirements in 10 CFR
operational requirements, associated with the a. The nature of the proprietary or other 52.63(a)(1).
information in the FSER and Supplement No. information sought; 2. Generic changes to Tier 2 information
1, Tier 1, Tier 2 (including referenced b. The reason why the information are applicable to all applicants or licensees
information which the context indicates is currently available to the public at the NRC who reference this appendix, except those for
intended as requirements and the investment Web site, http://www.nrc.gov, and/or at the which the change has been rendered
protection short-term availability controls in NRC Public Document Room, is insufficient; technically irrelevant by action taken under
Section 16.3), and the rulemaking record for c. The relevance of the requested
paragraphs B.3, B.4, B.5, or B.6 of this

certification of the AP600 design; information to the hearing issue(s) which the section.
2. All nuclear safety and safeguards issues person proposes to raise; and 3. The Commission may not require new
associated with the information in d. A showing that the requesting person requirements on Tier 2 information by plant-
proprietary and safeguards documents, has the capability to understand and utilize specific order while this appendix is in effect
referenced and in context, are intended as the requested information. under §§ 52.55 or 52.61, unless:
a. A modification is necessary to secure c. A proposed departure from Tier 2 CFR 52.103(g), depart from the following Tier
compliance with the Commission’s affecting resolution of an ex-vessel severe 2* matters except in accordance with
regulations applicable and in effect at the accident design feature identified in the paragraph B.6.b of this section. After the
time this appendix was approved, as set forth plant-specific DCD, requires a license plant first achieves full power, the following
in Section V of this appendix, or to assure amendment if: Tier 2* matters revert to Tier 2 status and are
adequate protection of the public health and (1) There is a substantial increase in the thereafter subject to the departure provisions
safety or the common defense and security; probability of an ex-vessel severe accident in paragraph B.5 of this section.
and such that a particular ex-vessel severe (1) Nuclear Island structural dimensions.
b. Special circumstances as defined in 10 accident previously reviewed and (2) ASME Boiler and Pressure Vessel Code,
CFR 52.7 are present. determined to be not credible could become Section III, and Code Case—284.
4. An applicant or licensee who references credible; or (3) Design Summary of Critical Sections.
this appendix may request an exemption (2) There is a substantial increase in the (4) ACI 318, ACI 349, and ANSI/AISC—
from Tier 2 information. The Commission consequences to the public of a particular ex- 690.
may grant such a request only if it determines vessel severe accident previously reviewed. (5) Definition of critical locations and
that the exemption will comply with the d. If a departure requires a license thicknesses.
requirements of 10 CFR 52.7. The amendment under paragraphs B.5.b or B.5.c (6) Seismic qualification methods and
Commission will deny a request for an of this section, it is governed by 10 CFR standards.
exemption from Tier 2, if it finds that the 50.90. (7) Nuclear design of fuel and reactivity
design change will result in a significant e. A departure from Tier 2 information that control system, except burn-up limit.
decrease in the level of safety otherwise is made under paragraph B.5 of this section (8) Motor-operated and power-operated
provided by the design. The grant of an does not require an exemption from this valves.
exemption to an applicant must be subject to appendix. (9) Instrumentation and control system
litigation in the same manner as other issues f. A party to an adjudicatory proceeding for design processes, methods, and standards.
material to the license hearing. The grant of either the issuance, amendment, or renewal (10) PRHR natural circulation test (first
an exemption to a licensee must be subject of a license or for operation under 10 CFR plant only).
to an opportunity for a hearing in the same 52.103(a), who believes that an applicant or (11) ADS and CMT verification tests (first
manner as license amendments. licensee who references this appendix has three plants only).
5.a. An applicant or licensee who not complied with paragraph VIII.B.5 of this d. Departures from Tier 2* information that
references this appendix may depart from appendix when departing from Tier 2 are made under paragraph B.6 of this section
Tier 2 information, without prior NRC information, may petition the NRC to admit do not require an exemption from this
approval, unless the proposed departure into the proceeding such a contention. In appendix.
involves a change to or departure from Tier
addition to compliance with the general C. Operational requirements.
1 information, Tier 2* information, or the
requirements of 10 CFR 2.309, the petition 1. Generic changes to generic technical
technical specifications, or requires a license
must demonstrate that the departure does not specifications and other operational
amendment under paragraphs B.5.b or B.5.c
comply with paragraph VIII.B.5 of this requirements that were completely reviewed
of this section. When evaluating the
appendix. Further, the petition must and approved in the design certification
proposed departure, an applicant or licensee
shall consider all matters described in the demonstrate that the change bears on an rulemaking and do not require a change to a
plant-specific DCD. asserted noncompliance with an ITAAC design feature in the generic DCD are
b. A proposed departure from Tier 2, other acceptance criterion in the case of a 10 CFR governed by the requirements in 10 CFR
than one affecting resolution of a severe 52.103 preoperational hearing, or that the 50.109. Generic changes that do require a
accident issue identified in the plant-specific change bears directly on the amendment change to a design feature in the generic DCD
DCD, requires a license amendment if it request in the case of a hearing on a license are governed by the requirements in
would: amendment. Any other party may file a paragraphs A or B of this section.
(1) Result in more than a minimal increase response. If, on the basis of the petition and 2. Generic changes to generic TS and other
in the frequency of occurrence of an accident any response, the presiding officer operational requirements are applicable to all
previously evaluated in the plant-specific determines that a sufficient showing has been applicants who reference this appendix,
DCD; made, the presiding officer shall certify the except those for which the change has been
(2) Result in more than a minimal increase matter directly to the Commission for rendered technically irrelevant by action
in the likelihood of occurrence of a determination of the admissibility of the taken under paragraphs C.3 or C.4 of this
malfunction of a structure, system, or contention. The Commission may admit such section.
component (SSC) important to safety a contention if it determines the petition 3. The Commission may require plant-
previously evaluated in the plant-specific raises a genuine issue of material fact specific departures on generic technical
DCD; regarding compliance with paragraph VIII.B.5 specifications and other operational
(3) Result in more than a minimal increase of this appendix. requirements that were completely reviewed
in the consequences of an accident 6a. An applicant who references this and approved, provided a change to a design
previously evaluated in the plant-specific appendix may not depart from Tier 2* feature in the generic DCD is not required
DCD; information, which is designated with and special circumstances as defined in 10
(4) Result in more than a minimal increase italicized text or brackets and an asterisk in CFR 2.335 are present. The Commission may
in the consequences of a malfunction of an the generic DCD, without NRC approval. The modify or supplement generic technical
SSC important to safety previously evaluated departure will not be considered a resolved specifications and other operational
in the plant-specific DCD; issue, within the meaning of Section VI of requirements that were not completely
(5) Create a possibility for an accident of this appendix and 10 CFR 52.63(a)(5). reviewed and approved or require additional
a different type than any evaluated b. A licensee who references this appendix technical specifications and other operational
previously in the plant-specific DCD; may not depart from the following Tier 2* requirements on a plant-specific basis,
(6) Create a possibility for a malfunction of matters without prior NRC approval. A provided a change to a design feature in the
an SSC important to safety with a different request for a departure will be treated as a generic DCD is not required.
result than any evaluated previously in the request for a license amendment under 10 4. An applicant who references this
plant-specific DCD; CFR 50.90. appendix may request an exemption from the
(7) Result in a design basis limit for a (1) Maximum fuel rod average burn-up. generic technical specifications or other
fission product barrier as described in the (2) Fuel principal design requirements. operational requirements. The Commission
(3) Fuel criteria evaluation process. may grant such a request only if it determines
plant-specific DCD being exceeded or altered;

or (4) Fire areas. that the exemption will comply with the
(8) Result in a departure from a method of (5) Human factors engineering. requirements of 10 CFR 52.7. The grant of an
evaluation described in the plant-specific c. A licensee who references this appendix exemption must be subject to litigation in the
DCD used in establishing the design bases or may not, before the plant first achieves full same manner as other issues material to the
in the safety analyses. power following the finding required by 10 license hearing.
5. A party to an adjudicatory proceeding At appropriate intervals during construction, b. During the interval from the date of
for either the issuance, amendment, or the NRC shall publish notices of the application for a license to the date the
renewal of a license or for operation under successful completion of ITAAC in the Commission makes the finding required by
10 CFR 52.103(a), who believes that an Federal Register. 10 CFR 52.103(g), the report must be
operational requirement approved in the 2. In accordance with 10 CFR 52.103(g), the submitted semi-annually. Updates to the
DCD or a technical specification derived from Commission shall find that the acceptance plant-specific DCD must be submitted
the generic technical specifications must be criteria in the ITAAC for the license are met annually and may be submitted along with
changed may petition to admit into the before fuel load. amendments to the application.
proceeding such a contention. Such petition 3. After the Commission has made the c. After the Commission makes the finding
must comply with the general requirements finding required by 10 CFR 52.103(g), the required by 10 CFR 52.103(g), the reports and
of 10 CFR 2.309 and must demonstrate why ITAAC do not, by virtue of their inclusion updates to the plant-specific DCD must be
special circumstances as defined in 10 CFR within the DCD, constitute regulatory submitted, along with updates to the site-
2.335 are present, or for compliance with the requirements either for licensees or for specific portion of the final safety analysis
Commission’s regulations in effect at the time renewal of the license; except for specific report for the facility, at the intervals
this appendix was approved, as set forth in ITAAC, which are the subject of a § 52.103(a) required by 10 CFR 50.59(d)(2) and 50.71(e),
Section V of this appendix. Any other party hearing, their expiration will occur upon respectively, or at shorter intervals as
may file a response thereto. If, on the basis final Commission action in such proceeding. specified in the license.
of the petition and any response, the However, subsequent modifications must Appendix D to Part 52—Design
presiding officer determines that a sufficient comply with the Tier 1 and Tier 2 design
showing has been made, the presiding officer descriptions in the plant-specific DCD unless
Certification Rule for the AP1000
shall certify the matter directly to the the licensee has complied with the Design
Commission for determination of the applicable requirements of 10 CFR 52.98 and I. Introduction
admissibility of the contention. All other Section VIII of this appendix.
Appendix D constitutes the standard
issues with respect to the plant-specific
X. Records and Reporting design certification for the AP1000 1 design,
technical specifications or other operational
A. Records. in accordance with 10 CFR part 52, subpart
requirements are subject to a hearing as part
1. The applicant for this appendix shall B. The applicant for certification of the
of the license proceeding. AP1000 design is Westinghouse Electric
6. After issuance of a license, the generic maintain a copy of the generic DCD that
Company LLC.
technical specifications have no further effect includes all generic changes to Tier 1, Tier
on the plant-specific technical specifications 2, and the generic TS and other operational II. Definitions
and changes to the plant-specific technical requirements. The applicant shall maintain A. Generic design control document
specifications will be treated as license the proprietary and safeguards information (generic DCD) means the document
amendments under 10 CFR 50.90. referenced in the generic DCD for the period containing the Tier 1 and Tier 2 information
that this appendix may be referenced, as and generic technical specifications that is
IX. Inspections, Tests, Analyses, and specified in Section VII of this appendix.
Acceptance Criteria (ITAAC) incorporated by reference into this appendix.
2. An applicant or licensee who references B. Generic technical specifications means
A.1 An applicant or licensee who this appendix shall maintain the plant- the information required by 10 CFR 50.36
references this appendix shall perform and specific DCD to accurately reflect both and 50.36a for the portion of the plant that
demonstrate conformance with the ITAAC generic changes to the generic DCD and is within the scope of this appendix.
before fuel load. With respect to activities plant-specific departures made under Section C. Plant-specific DCD means the document
subject to an ITAAC, an applicant for a VIII of this appendix throughout the period maintained by an applicant or licensee who
license may proceed at its own risk with of application and for the term of the license references this appendix consisting of the
design and procurement activities, and a (including any period of renewal). information in the generic DCD as modified
licensee may proceed at its own risk with 3. An applicant or licensee who references and supplemented by the plant-specific
design, procurement, construction, and this appendix shall prepare and maintain departures and exemptions made under
preoperational activities, even though the written evaluations which provide the bases Section VIII of this appendix.
NRC may not have found that any particular for the determinations required by Section D. Tier 1 means the portion of the design-
ITAAC has been met. VIII of this appendix. These evaluations must related information contained in the generic
2. The licensee who references this be retained throughout the period of DCD that is approved and certified by this
appendix shall notify the NRC that the application and for the term of the license appendix (Tier 1 information). The design
required inspections, tests, and analyses in (including any period of renewal). descriptions, interface requirements, and site
the ITAAC have been successfully completed B. Reporting. parameters are derived from Tier 2
and that the corresponding acceptance 1. An applicant or licensee who references information. Tier 1 information includes:
criteria have been met. this appendix shall submit a report to the 1. Definitions and general provisions;
3. In the event that an activity is subject NRC containing a brief description of any 2. Design descriptions;
to an ITAAC, and the applicant or licensee plant-specific departures from the DCD, 3. Inspections, tests, analyses, and
who references this appendix has not including a summary of the evaluation of acceptance criteria (ITAAC);
demonstrated that the ITAAC has been met, each. This report must be filed in accordance 4. Significant site parameters; and
the applicant or licensee may either take with the filing requirements applicable to 5. Significant interface requirements.
corrective actions to successfully complete reports in 10 CFR 52.3. E. Tier 2 means the portion of the design-
that ITAAC, request an exemption from the 2. An applicant or licensee who references related information contained in the generic
ITAAC in accordance with Section VIII of this appendix shall submit updates to its DCD that is approved but not certified by this
this appendix and 10 CFR 52.97(b), or DCD, which reflect the generic changes to appendix (Tier 2 information). Compliance
petition for rulemaking to amend this and plant-specific departures from the with Tier 2 is required, but generic changes
appendix by changing the requirements of generic DCD made under Section VIII of this to and plant-specific departures from Tier 2
the ITAAC, under 10 CFR 2.802 and 52.97(b). appendix. These updates must be filed under are governed by Section VIII of this
Such rulemaking changes to the ITAAC must the filing requirements applicable to final appendix. Compliance with Tier 2 provides
meet the requirements of paragraph VIII.A.1 safety analysis report updates in 10 CFR 52.3 a sufficient, but not the only acceptable,
of this appendix. and 50.71(e). method for complying with Tier 1.
B.1. The NRC shall ensure that the required 3. The reports and updates required by Compliance methods differing from Tier 2
inspections, tests, and analyses in the ITAAC paragraphs X.B.1 and X.B.2 must be must satisfy the change process in Section
are performed. The NRC shall verify that the submitted as follows: VIII of this appendix. Regardless of these
inspections, tests, and analyses referenced by a. On the date that an application for a differences, an applicant or licensee must
the licensee have been successfully license referencing this appendix is
completed and, based solely thereon, find the submitted, the application must include the 1 AP1000 is a trademark of Westinghouse Electric
prescribed acceptance criteria have been met. report and any updates to the generic DCD. Company LLC.
meet the requirement in Section III.B of this Archives and Records Administration AP1000 design are in 10 CFR parts 20, 50,
appendix to reference Tier 2 when (NARA). For information on the availability 73, and 100, codified as of January 23, 2006,
referencing Tier 1. Tier 2 information of this material at NARA, call (202) 741–6030 that are applicable and technically relevant,
includes: or go to http://www.archives.gov/ as described in the FSER (NUREG–1793) and
1. Information required by §§ 52.47(a) and federal_register/code_of_federal_regulations/ Supplement No. 1.
52.47(c), with the exception of generic ibr_locations.html. B. The AP1000 design is exempt from
technical specifications and conceptual B. An applicant or licensee referencing this portions of the following regulations:
design information; appendix, in accordance with Section IV of 1. Paragraph (f)(2)(iv) of 10 CFR 50.34—
2. Supporting information on the this appendix, shall incorporate by reference Plant Safety Parameter Display Console;
inspections, tests, and analyses that will be and comply with the requirements of this 2. Paragraph (c)(1) of 10 CFR 50.62—
performed to demonstrate that the acceptance appendix, including Tier 1, Tier 2 (including Auxiliary (or emergency) feedwater system;
criteria in the ITAAC have been met; and the investment protection short-term and
3. Combined license (COL) action items availability controls in Section 16.3 of the 3. Appendix A to 10 CFR part 50, GDC
(COL license information), which identify DCD), and the generic TS except as otherwise 17—Second offsite power supply circuit.
certain matters that must be addressed in the provided in this appendix. Conceptual
design information in the generic DCD and VI. Issue Resolution
site-specific portion of the final safety
analysis report (FSAR) by an applicant who the evaluation of severe accident mitigation A. The Commission has determined that
references this appendix. These items design alternatives in appendix 1B of the the structures, systems, components, and
constitute information requirements but are generic DCD are not part of this appendix. design features of the AP1000 design comply
not the only acceptable set of information in C. If there is a conflict between Tier 1 and with the provisions of the Atomic Energy Act
the FSAR. An applicant may depart from or Tier 2 of the DCD, then Tier 1 controls. of 1954, as amended, and the applicable
omit these items, provided that the departure D. If there is a conflict between the generic regulations identified in Section V of this
or omission is identified and justified in the DCD and either the application for design appendix; and therefore, provide adequate
FSAR. After issuance of a construction certification of the AP1000 design or protection to the health and safety of the
permit or COL, these items are not NUREG–1793, ‘‘Final Safety Evaluation public. A conclusion that a matter is resolved
requirements for the licensee unless such Report Related to Certification of the AP1000 includes the finding that additional or
items are restated in the FSAR. Standard Design,’’ (FSER) and Supplement alternative structures, systems, components,
4. The investment protection short-term No. 1, then the generic DCD controls. design features, design criteria, testing,
availability controls in Section 16.3 of the E. Design activities for structures, systems, analyses, acceptance criteria, or justifications
DCD. and components that are wholly outside the are not necessary for the AP1000 design.
F. Tier 2* means the portion of the Tier 2 scope of this appendix may be performed B. The Commission considers the
information, designated as such in the using site characteristics, provided the design following matters resolved within the
generic DCD, which is subject to the change activities do not affect the DCD or conflict meaning of 10 CFR 52.63(a)(5) in subsequent
process in Section VIII.B.6 of this appendix. with the interface requirements. proceedings for issuance of a COL,
This designation expires for some Tier 2* IV. Additional Requirements and amendment of a COL, or renewal of a COL,
information under paragraph VIII.B.6. Restrictions proceedings held under 10 CFR 52.103, and
G. Departure from a method of evaluation enforcement proceedings involving plants
A. An applicant for a combined license
described in the plant-specific DCD used in referencing this appendix:
that wishes to reference this appendix shall,
establishing the design bases or in the safety 1. All nuclear safety issues, except for the
in addition to complying with the
analyses means: generic TS and other operational
requirements of 10 CFR 52.77, 52.79, and
1. Changing any of the elements of the requirements, associated with the
52.80, comply with the following
method described in the plant-specific DCD information in the FSER and Supplement No.
requirements:
unless the results of the analysis are 1, Tier 1, Tier 2 (including referenced
1. Incorporate by reference, as part of its
conservative or essentially the same; or information, which the context indicates is
application, this appendix.
2. Changing from a method described in intended as requirements, and the
2. Include, as part of its application:
the plant-specific DCD to another method a. A plant-specific DCD containing the investment protection short-term availability
unless that method has been approved by the same type of information and using the same controls in Section 16.3 of the DCD), and the
NRC for the intended application. organization and numbering as the generic rulemaking record for certification of the
H. All other terms in this appendix have DCD for the AP1000 design, as modified and AP1000 design;
the meaning set out in 10 CFR 50.2, or 52.1, supplemented by the applicant’s exemptions 2. All nuclear safety and safeguards issues
or Section 11 of the Atomic Energy Act of and departures; associated with the information in
1954, as amended, as applicable. b. The reports on departures from and proprietary and safeguards documents,
updates to the plant-specific DCD required by referenced and in context, are intended as
III. Scope and Contents requirements in the generic DCD for the
paragraph X.B of this appendix;
A. Tier 1, Tier 2 (including the investment c. Plant-specific TS, consisting of the AP1000 design;
protection short-term availability controls in generic and site-specific TS that are required 3. All generic changes to the DCD under
Section 16.3), and the generic TS in the by 10 CFR 50.36 and 50.36a; and in compliance with the change processes
AP1000 DCD (Revision 15, dated December d. Information demonstrating compliance in Sections VIII.A.1 and VIII.B.1 of this
8, 2005) are approved for incorporation by with the site parameters and interface appendix;
reference by the Director of the Office of the requirements; 4. All exemptions from the DCD under and
Federal Register on February 27, 2006, under e. Information that addresses the COL in compliance with the change processes in
5 U.S.C. 552(a) and 1 CFR part 51. Copies of action items; and Sections VIII.A.4 and VIII.B.4 of this
the generic DCD may be obtained from f. Information required by 10 CFR 52.47(a) appendix, but only for that plant;
Ronald P. Vijuk, Manager, Passive Plant that is not within the scope of this appendix. 5. All departures from the DCD that are
Engineering, Westinghouse Electric 3. Include, in the plant-specific DCD, the approved by license amendment, but only for
Company, P.O. Box 355, Pittsburgh, proprietary information and safeguards that plant;
Pennsylvania 15230–0355. A copy of the information referenced in the AP1000 DCD. 6. Except as provided in paragraph
generic DCD is also available for examination B. The Commission reserves the right to VIII.B.5.f of this appendix, all departures
and copying at the NRC Public Document determine in what manner this appendix from Tier 2 under and in compliance with
Room, One White Flint North, 11555 may be referenced by an applicant for a the change processes in paragraph VIII.B.5 of
Rockville Pike, Rockville, Maryland 20852. this appendix that do not require prior NRC
construction permit or operating license

Copies are available for examination at the under 10 CFR part 50. approval, but only for that plant;
NRC Library, Two White Flint North, 11545 7. All environmental issues concerning
Rockville Pike, Rockville, Maryland, V. Applicable Regulations severe accident mitigation design alternatives
telephone (301) 415–5610, e-mail A. Except as indicated in paragraph B of associated with the information in the NRC’s
LIBRARY@NRC.GOV or at the National this section, the regulations that apply to the EA for the AP1000 design and Appendix 1B
of the generic DCD, for plants referencing this access to some or all of the requested an exemption to a licensee must be subject
appendix whose site parameters are within information, subject to an appropriate non- to an opportunity for a hearing in the same
those specified in the severe accident disclosure agreement. manner as license amendments.
mitigation design alternatives evaluation. 5.a. An applicant or licensee who
C. The Commission does not consider VII. Duration of This Appendix references this appendix may depart from
operational requirements for an applicant or This appendix may be referenced for a Tier 2 information, without prior NRC
licensee who references this appendix to be period of 15 years from February 27, 2006, approval, unless the proposed departure
matters resolved within the meaning of 10 except as provided for in 10 CFR 52.55(b) involves a change to or departure from Tier
CFR 52.63(a)(5). The Commission reserves and 52.57(b). This appendix remains valid 1 information, Tier 2* information, or the TS,
the right to require operational requirements for an applicant or licensee who references or requires a license amendment under
for an applicant or licensee who references this appendix until the application is paragraphs B.5.b or B.5.c of this section.
this appendix by rule, regulation, order, or withdrawn or the license expires, including When evaluating the proposed departure, an
license condition. any period of extended operation under a applicant or licensee shall consider all
D. Except under the change processes in renewed license. matters described in the plant-specific DCD.
Section VIII of this appendix, the b. A proposed departure from Tier 2, other
Commission may not require an applicant or VIII. Processes for Changes and Departures than one affecting resolution of a severe
licensee who references this appendix to: A. Tier 1 information. accident issue identified in the plant-specific
1. Modify structures, systems, components, 1. Generic changes to Tier 1 information DCD, requires a license amendment if it
or design features as described in the generic are governed by the requirements in 10 CFR would:
DCD; 52.63(a)(1). (1) Result in more than a minimal increase
2. Provide additional or alternative 2. Generic changes to Tier 1 information in the frequency of occurrence of an accident
structures, systems, components, or design are applicable to all applicants or licensees previously evaluated in the plant-specific
features not discussed in the generic DCD; or who reference this appendix, except those for DCD;
3. Provide additional or alternative design which the change has been rendered (2) Result in more than a minimal increase
criteria, testing, analyses, acceptance criteria, technically irrelevant by action taken under in the likelihood of occurrence of a
or justification for structures, systems, paragraphs A.3 or A.4 of this section. malfunction of a structure, system, or
components, or design features discussed in 3. Departures from Tier 1 information that component (SSC) important to safety and
the generic DCD. are required by the Commission through previously evaluated in the plant-specific
E.1. Persons who wish to review plant-specific orders are governed by the DCD;
proprietary and safeguards information or requirements in 10 CFR 52.63(a)(4). (3) Result in more than a minimal increase
other secondary references in the AP1000 4. Exemptions from Tier 1 information are in the consequences of an accident
DCD, in order to request or participate in the governed by the requirements in 10 CFR previously evaluated in the plant-specific
hearing required by 10 CFR 52.85 or the 52.63(b)(1) and 52.98(f). The Commission DCD;
hearing provided under 10 CFR 52.103, or to will deny a request for an exemption from (4) Result in more than a minimal increase
request or participate in any other hearing Tier 1, if it finds that the design change will in the consequences of a malfunction of an
relating to this appendix in which interested result in a significant decrease in the level of SSC important to safety previously evaluated
persons have adjudicatory hearing rights, safety otherwise provided by the design. in the plant-specific DCD;
shall first request access to such information B. Tier 2 information. (5) Create a possibility for an accident of
from Westinghouse. The request must state 1. Generic changes to Tier 2 information a different type than any evaluated
with particularity: are governed by the requirements in 10 CFR previously in the plant-specific DCD;
a. The nature of the proprietary or other 52.63(a)(1). (6) Create a possibility for a malfunction of
information sought; 2. Generic changes to Tier 2 information an SSC important to safety with a different
b. The reason why the information are applicable to all applicants or licensees result than any evaluated previously in the
currently available to the public in the NRC’s who reference this appendix, except those for plant-specific DCD;
public document room is insufficient; which the change has been rendered (7) Result in a design basis limit for a
c. The relevance of the requested technically irrelevant by action taken under fission product barrier as described in the
information to the hearing issue(s) which the paragraphs B.3, B.4, B.5, or B.6 of this plant-specific DCD being exceeded or altered;
person proposes to raise; and section. or
d. A showing that the requesting person 3. The Commission may not require new (8) Result in a departure from a method of
has the capability to understand and utilize requirements on Tier 2 information by plant- evaluation described in the plant-specific
the requested information. specific order while this appendix is in effect DCD used in establishing the design bases or
2. If a person claims that the information under 10 CFR 52.55 or 52.61, unless: in the safety analyses.
is necessary to prepare a request for hearing, a. A modification is necessary to secure c. A proposed departure from Tier 2
the request must be filed no later than 15 compliance with the Commission’s affecting resolution of an ex-vessel severe
days after publication in the Federal Register regulations applicable and in effect at the accident design feature identified in the
of the notice required either by 10 CFR 52.85 time this appendix was approved, as set forth plant-specific DCD, requires a license
or 10 CFR 52.103. If Westinghouse declines in Section V of this appendix, or to ensure amendment if:
to provide the information sought, adequate protection of the public health and (1) There is a substantial increase in the
Westinghouse shall send a written response safety or the common defense and security; probability of an ex-vessel severe accident
within 10 days of receiving the request to the and such that a particular ex-vessel severe
requesting person setting forth with b. Special circumstances as defined in 10 accident previously reviewed and
particularity the reasons for its refusal. The CFR 50.12(a) are present. determined to be not credible could become
person may then request the Commission (or 4. An applicant or licensee who references credible; or
presiding officer, if a proceeding has been this appendix may request an exemption (2) There is a substantial increase in the
established) to order disclosure. The person from Tier 2 information. The Commission consequences to the public of a particular ex-
shall include copies of the original request may grant such a request only if it determines vessel severe accident previously reviewed.
(and any subsequent clarifying information that the exemption will comply with the d. If a departure requires a license
provided by the requesting party to the requirements of 10 CFR 50.12(a). The amendment under paragraph B.5.b or B.5.c of
applicant) and the applicant’s response. The Commission will deny a request for an this section, it is governed by 10 CFR 50.90.
Commission and presiding officer shall base exemption from Tier 2, if it finds that the e. A departure from Tier 2 information that
their decisions solely on the person’s original design change will result in a significant is made under paragraph B.5 of this section
request (including any clarifying information decrease in the level of safety otherwise does not require an exemption from this
provided by the requesting person to provided by the design. The grant of an appendix.
Westinghouse), and Westinghouse’s exemption to an applicant must be subject to f. A party to an adjudicatory proceeding for
response. The Commission and presiding litigation in the same manner as other issues either the issuance, amendment, or renewal
officer may order Westinghouse to provide material to the license hearing. The grant of of a license or for operation under 10 CFR
52.103(a), who believes that an applicant or (7) Nuclear design of fuel and reactivity this appendix was approved, as set forth in
licensee who references this appendix has control system, except burn-up limit. Section V of this appendix. Any other party
not complied with paragraph VIII.B.5 of this (8) Motor-operated and power-operated may file a response to the petition. If, on the
appendix when departing from Tier 2 valves. basis of the petition and any response, the
information, may petition to admit into the (9) Instrumentation and control system presiding officer determines that a sufficient
proceeding such a contention. In addition to design processes, methods, and standards. showing has been made, the presiding officer
compliance with the general requirements of (10) Passive residual heat removal (PRHR) shall certify the matter directly to the
10 CFR 2.309, the petition must demonstrate natural circulation test (first plant only). Commission for determination of the
that the departure does not comply with (11) Automatic depressurization system admissibility of the contention. All other
paragraph VIII.B.5 of this appendix. Further, (ADS) and core make-up tank (CMT) issues with respect to the plant-specific TS
the petition must demonstrate that the verification tests (first three plants only). or other operational requirements are subject
change bears on an asserted noncompliance (12) Polar crane parked orientation. to a hearing as part of the license proceeding.
with an ITAAC acceptance criterion in the (13) Piping design acceptance criteria. 6. After issuance of a license, the generic
case of a 10 CFR 52.103 preoperational (14) Containment vessel design parameters. TS have no further effect on the plant-
hearing, or that the change bears directly on d. Departures from Tier 2* information that specific TS. Changes to the plant-specific TS
the amendment request in the case of a are made under paragraph B.6 of this section will be treated as license amendments under
hearing on a license amendment. Any other do not require an exemption from this 10 CFR 50.90.
party may file a response. If, on the basis of appendix.
the petition and any response, the presiding C. Operational requirements. IX. Inspections, Tests, Analyses, and
officer determines that a sufficient showing 1. Generic changes to generic TS and other Acceptance Criteria (ITAAC)
has been made, the presiding officer shall operational requirements that were A.1. An applicant or licensee who
certify the matter directly to the Commission completely reviewed and approved in the references this appendix shall perform and
for determination of the admissibility of the design certification rulemaking and do not demonstrate conformance with the ITAAC
contention. The Commission may admit such require a change to a design feature in the before fuel load. With respect to activities
a contention if it determines the petition generic DCD are governed by the subject to an ITAAC, an applicant for a
raises a genuine issue of material fact requirements in 10 CFR 50.109. Generic license may proceed at its own risk with
regarding compliance with paragraph VIII.B.5 changes that require a change to a design design and procurement activities. A licensee
of this appendix. feature in the generic DCD are governed by may also proceed at its own risk with design,
6.a. An applicant who references this the requirements in paragraphs A or B of this procurement, construction, and
appendix may not depart from Tier 2* section. preoperational activities, even though the
information, which is designated with 2. Generic changes to generic TS and other NRC may not have found that any particular
italicized text or brackets and an asterisk in
operational requirements are applicable to all ITAAC has been met.
the generic DCD, without NRC approval. The
applicants who reference this appendix, 2. The licensee who references this
departure will not be considered a resolved
except those for which the change has been appendix shall notify the NRC that the
issue, within the meaning of Section VI of
rendered technically irrelevant by action required inspections, tests, and analyses in
this appendix and 10 CFR 52.63(a)(5).
taken under paragraphs C.3 or C.4 of this the ITAAC have been successfully completed
b. A licensee who references this appendix
may not depart from the following Tier 2* section. and that the corresponding acceptance
matters without prior NRC approval. A 3. The Commission may require plant- criteria have been met.
request for a departure will be treated as a specific departures on generic TS and other 3. If an activity is subject to an ITAAC and
request for a license amendment under 10 operational requirements that were the applicant or licensee who references this
CFR 50.90. completely reviewed and approved, provided appendix has not demonstrated that the
(1) Maximum fuel rod average burn-up. a change to a design feature in the generic ITAAC has been met, the applicant or
(2) Fuel principal design requirements. DCD is not required and special licensee may either take corrective actions to
(3) Fuel criteria evaluation process. circumstances as defined in 10 CFR 2.335 are successfully complete that ITAAC, request an
(4) Fire areas. present. The Commission may modify or exemption from the ITAAC under Section
(5) Human factors engineering. supplement generic TS and other operational VIII of this appendix and 10 CFR 52.97(b), or
(6) Small-break loss-of-coolant accident requirements that were not completely petition for rulemaking to amend this
(LOCA) analysis methodology. reviewed and approved or require additional appendix by changing the requirements of
c. A licensee who references this appendix TS and other operational requirements on a the ITAAC, under 10 CFR 2.802 and 52.97(b).
may not, before the plant first achieves full plant-specific basis, provided a change to a Such rulemaking changes to the ITAAC must
power following the finding required by 10 design feature in the generic DCD is not meet the requirements of paragraph VIII.A.1
CFR 52.103(g), depart from the following Tier required. of this appendix.
2* matters except under paragraph B.6.b of 4. An applicant who references this B.1. The NRC shall ensure that the required
this section. After the plant first achieves full appendix may request an exemption from the inspections, tests, and analyses in the ITAAC
power, the following Tier 2* matters revert generic technical specifications or other are performed. The NRC shall verify that the
to Tier 2 status and are subject to the operational requirements. The Commission inspections, tests, and analyses referenced by
departure provisions in paragraph B.5 of this may grant such a request only if it determines the licensee have been successfully
section. that the exemption will comply with the completed and, based solely thereon, find
(1) Nuclear Island structural dimensions. requirements of 10 CFR 52.7. The grant of an that the prescribed acceptance criteria have
(2) American Society of Mechanical exemption must be subject to litigation in the been met. At appropriate intervals during
Engineers Boiler & Pressure Vessel Code same manner as other issues material to the construction, the NRC shall publish notices
(ASME Code), Section III, and Code Case– license hearing. of the successful completion of ITAAC in the
284. 5. A party to an adjudicatory proceeding Federal Register.
(3) Design Summary of Critical Sections. for either the issuance, amendment, or 2. In accordance with 10 CFR 52.103(g), the
(4) American Concrete Institute (ACI) 318, renewal of a license, or for operation under Commission shall find that the acceptance
ACI 349, American National Standards 10 CFR 52.103(a), who believes that an criteria in the ITAAC for the license are met
Institute/American Institute of Steel operational requirement approved in the before fuel load.
Construction (ANSI/AISC)–690, and DCD or a TS derived from the generic TS 3. After the Commission has made the
American Iron and Steel Institute (AISI), must be changed may petition to admit such finding required by 10 CFR 52.103(g), the
‘‘Specification for the Design of Cold Formed a contention into the proceeding. The ITAAC do not, by virtue of their inclusion
petition must comply with the general within the DCD, constitute regulatory
Steel Structural Members, Part 1 and 2,’’

1996 Edition and 2000 Supplement. requirements of 10 CFR 2.309 and must requirements either for licensees or for
(5) Definition of critical locations and demonstrate why special circumstances as renewal of the license; except for specific
thicknesses. defined in 10 CFR 2.335 are present, or ITAAC, which are the subject of a § 52.103(a)
(6) Seismic qualification methods and demonstrate compliance with the hearing, their expiration will occur upon
standards. Commission’s regulations in effect at the time final Commission action in such a
proceeding. However, subsequent Appendices E Through M to Part 52 5. Upon a determination that each
modifications must comply with the Tier 1 [Reserved] application is acceptable for docketing under
and Tier 2 design descriptions in the plant- 10 CFR 2.101, each application will be
specific DCD unless the licensee has Appendix N to Part 52— docketed and a notice of docketing for each
complied with the applicable requirements of Standardization of Nuclear Power Plant application will be published in the Federal
10 CFR 52.98 and Section VIII of this Designs: Combined Licenses To Register, in accordance with 10 CFR 2.104,
appendix. Construct and Operate Nuclear Power provided, however, that the notice must state
X. Records and Reporting Reactors of Identical Design at Multiple that the application will be processed under
Sites the provisions of 10 CFR part 52, appendix
A. Records N, and subpart D of part 2 of this chapter. As
1. The applicant for this appendix shall The Commission’s regulations in part 2 of the discretion of the Commission, a single
maintain a copy of the generic DCD that this chapter specifically provide for the notice of docketing for multiple applications
includes all generic changes to Tier 1, Tier holding of hearings on particular issues may be published in the Federal Register.
2, and the generic TS and other operational separately from other issues involved in 6. The NRC staff shall prepare draft and
requirements. The applicant shall maintain hearings in licensing proceedings, and for the final environmental impact statements for
the proprietary and safeguards information consolidation of adjudicatory proceedings each of the applications under part 51 of this
referenced in the generic DCD for the period and of the presentations of parties in chapter. Scoping under 10 CFR 51.28 and
that this appendix may be referenced, as adjudicatory proceedings such as licensing 51.29 for each of the combined license
specified in Section VII of this appendix. proceedings (§§ 2.316 and 2.317 of this applications may be conducted
2. An applicant or licensee who references chapter). simultaneously and joint scoping may be
this appendix shall maintain the plant- This appendix sets out the particular conducted with respect to the environmental
specific DCD to accurately reflect both requirements and provisions applicable to
generic changes to the generic DCD and issues relevant to the common design.
situations in which applications for If the applications reference a standard
plant-specific departures made under Section combined licenses under subpart C of this
VIII of this appendix throughout the period design certification, then the environmental
part are filed by one or more applicants for
of application and for the term of the license impact statement for each of the applications
licenses to construct and operate nuclear
(including any period of renewal). must incorporate by reference the design
power reactors of identical design (‘‘common
3. An applicant or licensee who references certification environmental assessment. If the
design’’) to be located at multiple sites.1
this appendix shall prepare and maintain 1. Except as otherwise specified in this applications do not reference a standard
written evaluations which provide the bases appendix or as the context otherwise design certification, then the NRC staff shall
for the determinations required by Section indicates, the provisions of subpart C of this prepare draft and final supplemental
VIII of this appendix. These evaluations must part and subpart D of part 2 of this chapter environmental impact statements which
be retained throughout the period of apply to combined license applications address severe accident mitigation design
application and for the term of the license subject to this appendix. alternatives for the common design, which
(including any period of renewal). 2. Each combined license application must be incorporated by reference into the
B. Reporting submitted pursuant to this appendix must be environmental impact statement prepared for
1. An applicant or licensee who references submitted as specified in § 52.75 and 10 CFR each application. Scoping under 10 CFR
this appendix shall submit a report to the 2.101. Each application must state that the 51.28 and 51.29 for the supplemental
NRC containing a brief description of any applicant wishes to have the application environmental impact statement may be
plant-specific departures from the DCD, considered under 10 CFR part 52, appendix conducted simultaneously, and may be part
including a summary of the evaluation of N, and must list each of the applications to of the scoping for each of the combined
each. This report must be filed in accordance be treated together under this appendix. license applications.
with the filing requirements applicable to 3. Each application must include the 7. The ACRS shall report on each of the
reports in 10 CFR 52.3. information required by §§ 52.77, 52.79, and applications as required by § 52.87. Each
2. An applicant or licensee who references 52.80(a), provided however, that the report must be limited to those safety matters
this appendix shall submit updates to its application must identify the common for each application which are not relevant
DCD, which reflect the generic changes to design, and, if applicable, reference a to the common design. In addition, the ACRS
and plant-specific departures from the standard design certification under subpart B shall separately report on the safety of the
generic DCD made under Section VIII of this of this part, or the use of a reactor common design, provided, however, that the
appendix. These updates must be filed under manufactured under subpart F of this part. report need not address the safety of a
the filing requirements applicable to final The final safety analysis report for each referenced standard design certification or
safety analysis report updates in 10 CFR 52.3 application must either incorporate by reactor manufactured under subpart F of this
and 50.71(e). reference or include the final safety analysis part.
3. The reports and updates required by of the common design, including, if 8. The Commission shall designate a
paragraphs X.B.1 and X.B.2 must be applicable, the final safety analysis report for presiding officer to conduct the proceeding
submitted as follows: the referenced design certification or the with respect to the health and safety,
a. On the date that an application for a manufactured reactor.2 common defense and security, and
license referencing this appendix is 4. Each combined license application environmental matters relating to the
submitted, the application must include the submitted pursuant to this appendix must common design. The hearing will be
report and any updates to the generic DCD. contain an environmental report as required governed by the applicable provisions of
b. During the interval from the date of by § 52.80(b), and which complies with the subparts A, C, G, L, N, and O of part 2 of this
application for a license to the date the applicable provisions of 10 CFR part 51, chapter relating to applications for combined
Commission makes its findings required by provided, however, that the application may licenses. The presiding officer shall issue a
10 CFR 52.103(g), the report must be incorporate by reference a single partial initial decision on the common
submitted semi-annually. Updates to the environmental report on the environmental design.
plant-specific DCD must be submitted impacts of the common design.
annually and may be submitted along with PART 54—REQUIREMENTS FOR
1 Ifthe design for the power reactor(s) proposed
amendments to the application. RENEWAL OF OPERATING LICENSES
c. After the Commission makes the finding in a particular application is not identical to the
others, that application may not be processed under FOR NUCLEAR POWER PLANTS
required by 10 CFR 52.103(g), the reports and
this appendix and subpart D of part 2 of this
updates to the plant-specific DCD must be ■ 151. The authority citation for part 54
chapter.
submitted, along with updates to the site-

specific portion of the final safety analysis
2 As used in this appendix, the design of a nuclear continues to read as follows:
power reactor included in a single referenced safety
report for the facility, at the intervals analysis report means the design of those structures, Authority: Secs. 102, 103, 104, 161, 181,
required by 10 CFR 50.59(d)(2) and systems, and components important to radiological 182, 183, 186, 189, 68 Stat. 936, 937, 938,
50.71(e)(4), respectively, or at shorter health and safety and the common defense and 948, 953, 954, 955, as amended, sec. 234, 83
intervals as specified in the license. security. Stat. 1244, as amended (42 U.S.C. 2132, 2133,
2134, 2135, 2201, 2232, 2233, 2236, 2239, (c) An application for a renewed ■ 158. In § 54.37, paragraph (a) is
2282); secs 201, 202, 206, 88 Stat. 1242, 1244 license may not be submitted to the revised to read as follows:
as amended (42 U.S.C. 5841, 5842). Commission earlier than 20 years before
Section 54.17 also issued under E.O. § 54.37 Additional records and
12829, 3 CFR, 1993 Comp., p. 570; E.O.
the expiration of the operating license or
recordkeeping requirements.
12958, as amended, 3 CFR, 1995 Comp., p. combined license currently in effect.
(a) The licensee shall retain in an
333; E.O. 12968, 3 CFR, 1995 Comp., p. 391. * * * * *
auditable and retrievable form for the
■ 152. Section 54.1 is revised to read as term of the renewed operating license or
follows: as follows: renewed combined license all
§ 54.27 Hearings. information and documentation
§ 54.1 Purpose. required by, or otherwise necessary to
This part governs the issuance of A notice of an opportunity for a
hearing will be published in the Federal document compliance with, the
renewed operating licenses and provisions of this part.
renewed combined licenses for nuclear Register in accordance with 10 CFR
2.105. In the absence of a request for a * * * * *
power plants licensed pursuant to
Sections 103 or 104b of the Atomic hearing filed within 30 days by a person
whose interest may be affected, the PART 55—OPERATORS’ LICENSES
Energy Act of 1954, as amended, and
Title II of the Energy Reorganization Act Commission may issue a renewed
■ 159. The authority citation for part 55
of 1974 (88 Stat. 1242) operating license or renewed combined
continues to read as follows:
license without a hearing upon 30-day
■ 153. In § 54.3, paragraph (a), the Authority: Secs. 107, 161, 182, 68 Stat.
notice and publication in the Federal
definition for Current licensing basis is Register of its intent to do so. 939, 948, 953, as amended, sec. 234, 83 Stat.
revised, and the definition for Renewed 444, as amended (42 U.S.C. 2137, 2201, 2232,
■ 156. In Section 54.31, paragraphs (a),
combined license is added to read as 2282); secs. 201, as amended, 202, 88 Stat.
(b), and (c) are revised to read as 1242, as amended, 1244 (42 U.S.C. 5841,
follows:
follows: 5842); sec. 1704, 112 Stat. 2750 (44 U.S.C.
§ 54.3 Definitions. 3504 note). Sections 55.41, 55.43, 55.45, and
§ 54.31 Issuance of a renewed license.
(a) * * * 55.59 also issued under sec. 306, Pub. L. 97–
Current licensing basis (CLB) is the set (a) A renewed license will be of the 425, 96 Stat. 2262 (42 U.S.C. 10226). Section
of NRC requirements applicable to a class for which the operating license or 55.61 also issued under secs. 186, 187, 68
specific plant and a licensee’s written combined license currently in effect was Stat. 955 (42 U.S.C. 2236, 2237).
commitments for ensuring compliance issued.
(b) A renewed license will be issued ■ 160. In § 55.1, paragraph (a) is revised
with and operation within applicable to read as follows:
for a fixed period of time, which is the
NRC requirements and the plant-
sum of the additional amount of time § 55.1 Purpose.
specific design basis (including all
beyond the expiration of the operating
modifications and additions to such * * * * *
license or combined license (not to
commitments over the life of the (a) Establish procedures and criteria
exceed 20 years) that is requested in a
license) that are docketed and in effect. for the issuance of licenses to operators
renewal application plus the remaining
The CLB includes the NRC regulations and senior operators of utilization
number of years on the operating license
contained in 10 CFR parts 2, 19, 20, 21, facilities licensed under the Atomic
or combined license currently in effect.
26, 30, 40, 50, 51, 52, 54, 55, 70, 72, 73, The term of any renewed license may Energy Act of 1954, as amended, or
100 and appendices thereto; orders; not exceed 40 years. Section 202 of the Energy
license conditions; exemptions; and (c) A renewed license will become Reorganization Act of 1974, as
technical specifications. It also includes effective immediately upon its issuance, amended, and part 50, part 52, or part
the plant-specific design-basis thereby superseding the operating 54 of this chapter,
information defined in 10 CFR 50.2 as license or combined license previously * * * * *
documented in the most recent final in effect. If a renewed license is ■ 161. In § 55.2, paragraph (a) is revised
safety analysis report (FSAR) as subsequently set aside upon further to read as follows:
required by 10 CFR 50.71 and the administrative or judicial appeal, the
licensee’s commitments remaining in operating license or combined license § 55.2 Scope.
effect that were made in docketed previously in effect will be reinstated * * * * *
licensing correspondence such as unless its term has expired and the (a) Any individual who manipulates
licensee responses to NRC bulletins, renewal application was not filed in a the controls of any utilization facility
generic letters, and enforcement actions, timely manner. licensed under parts 50, 52, or 54 of this
as well as licensee commitments * * * * * chapter,
documented in NRC safety evaluations * * * * *
or licensee event reports. ■ 162. In § 55.5, paragraph (b)(1) and the
as follows:
* * * * * introductory text of paragraph (b)(2) are
Renewed combined license means a § 54.35 Requirements during term of revised to read as follows:
combined license originally issued renewed license.
under part 52 of this chapter for which During the term of a renewed license, § 55.5 Communications.
an application for renewal is filed in licensees shall be subject to and shall * * * * *
accordance with 10 CFR 52.107 and continue to comply with all (b)(1) Except for test and research
issued under this part. Commission regulations contained in 10 reactor facilities, the Director of New
* * * * * CFR parts 2, 19, 20, 21, 26, 30, 40, 50, Reactors or the Director of Nuclear
■ 154. In § 54.17, paragraph (c) is 51, 52, 54, 55, 70, 72, 73, and 100, and Reactor Regulation, as appropriate, has
revised to read as follows: the appendices to these parts that are delegated to the Regional
applicable to holders of operating Administrators of Regions I, II, III, and
§ 54.17 Filing of application. licenses or combined licenses, IV authority and responsibility under
* * * * * respectively. the regulations in this part for the
issuance and renewal of licenses for § 72.210 General license issued. § 73.50 Requirements for physical
operators and senior operators of A general license is hereby issued for protection of licensed activities.
nuclear power reactors licensed under the storage of spent fuel in an Each licensee who is not subject to
10 CFR part 50 or part 52 and located independent spent fuel storage § 73.51, but who possesses, uses, or
in these regions. installation at power reactor sites to stores formula quantities of strategic
(2) Any application for a license or persons authorized to possess or operate special nuclear material that are not
license renewal filed under the nuclear power reactors under 10 CFR readily separable from other radioactive
regulations in this part involving a part 50 or 10 CFR part 52. material and which have total external
nuclear power reactor licensed under 10 ■ 165. In § 72.218, paragraph (b) is
radiation dose rates in excess of 100
CFR part 50 or part 52 and any related revised to read as follows: rems per hour at a distance of 3 feet
inquiry, communication, information, or from any accessible surfaces without
report must be submitted to the § 72.218 Termination of licenses. intervening shielding other than at
Regional Administrator by an * * * * * nuclear reactor facility licensed under
appropriate method listed in paragraph (b) An application for termination of parts 50 or 52 of this chapter, shall
(a) of this section. The Regional a reactor operating license issued under comply with the following:
Administrator or the Administrator’s 10 CFR part 50 and submitted under * * * * *
designee will transmit to the Director of § 50.82 of this chapter, or a combined ■ 170. In § 73.56, paragraph (a)(3) is
New Reactors or the Director of Nuclear license issued under 10 CFR part 52 and revised to read as follows:
Reactor Regulation, as appropriate, any submitted under § 52.110 of this
matter that is not within the scope of the chapter, must contain a description of § 73.56 Personnel access authorization
Regional Administrator’s delegated requirements for nuclear power plants.
how the spent fuel stored under this
authority. general license will be removed from (a) * * *
* * * * * the reactor site. (3) Each applicant for a license to
operate a nuclear power reactor under
* * * * * §§ 50.21(b) or 50.22 of this chapter,
PART 72—LICENSING
REQUIREMENTS FOR THE PART 73—PHYSICAL PROTECTION OF including an applicant for a combined
INDEPENDENT STORAGE OF SPENT PLANTS AND MATERIALS license under part 52 of this chapter,
NUCLEAR FUEL AND HIGH-LEVEL whose application is submitted after
RADIOACTIVE WASTE, AND ■ 166. The authority citation for part 73 April 25, 1991, shall include the
REACTOR RELATED GREATER THAN continues to read as follows: required access authorization program
CLASS C WASTE as part of its Physical Security Plan. The
Authority: Secs. 53, 161, 68 Stat. 930, 948,
as amended, sec. 147, 94 Stat. 780 (42 U.S.C.
applicant, upon receipt of an operating
■ 163. The authority citation for part 72 license or upon notice of the
2073, 2167, 2201); sec. 201, as amended, 204,
continues to read as follows: 88 Stat. 1242, as amended, 1245, sec. 1701, Commission’s finding under § 52.103(g)
Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 5841, of this chapter, shall implement the
81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 5844, 2297f); sec. 1704, 112 Stat. 2750 (44 required access authorization program
929, 930, 932, 933, 934, 935, 948, 953, 954, U.S.C. 3504 note). as part of its site Physical Security Plan.
955, as amended, sec. 234, 83 Stat. 444, as Section 73.1 also issued under secs. 135,
amended (42 U.S.C. 2071, 2073, 2077, 2092,
* * * * *
141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42
2093, 2095, 2099, 2111, 2201, 2232, 2233, U.S.C. 10155, 10161). Section 73.37(f) also ■ 171. In § 73.57, paragraphs (a)(1),
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. issued under sec. 301, Pub. L. 96–295, 94 (a)(2), and (a)(3) are revised to read as
L. 86–373, 73 Stat. 688, as amended (42 Stat. 789 (42 U.S.C. 5841 note). Section 73.57 follows:
U.S.C. 2021); sec. 201, as amended, 202, 206, is issued under sec. 606, Pub. L. 99–399, 100
88 Stat. 1242, as amended, 1244, 1246 (42 Stat. 876 (42 U.S.C. 2169). § 73.57 Requirements for criminal history
U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. checks of individuals granted unescorted
10, 92 Stat. 2951 as amended by Pub. L. 102– ■ 167. In § 73.1, paragraph (b)(1)(i) is access to a nuclear power facility or access
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. revised to read as follows: to Safeguards Information by power reactor
5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 licensees.
(42 U.S.C. 4332); secs. 131, 132, 133, 135, § 73.1 Purpose and scope. (a) * * *
137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, * * * * * (1) Each licensee who is authorized to
2232, 2241, sec. 148, Pub. L. 100–203, 101 operate a nuclear power reactor under
Stat. 1330–235 (42 U.S.C. 10151, 10152, (b) * * *
10153, 10155, 10157, 10161, 10168); sec. (1) * * * part 50 of this chapter, or each holder
1704, 112 Stat. 2750 (44 U.S.C. 3504 note). (i) The physical protection of of a combined license under part 52 of
Section 72.44(g) also issued under secs. production and utilization facilities this chapter upon receipt of notice of
142(b) and 148(c), (d), Pub. L. 100–203, 101 licensed under parts 50 or 52 of this the Commission’s finding under
Stat. 1330–232, 1330–236 (42 U.S.C. chapter, § 52.103(g), shall comply with the
10162(b), 10168(c), (d)). Section 72.46 also requirements of this section.
issued under sec. 189, 68 Stat. 955 (42 U.S.C. * * * * *
(2) Each applicant for a license to
2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 ■ 168. In § 73.2, the introductory text of operate a nuclear power reactor under
(42 U.S.C. 10154). Section 72.96(d) also paragraph (a) is revised to read as
issued under sec. 145(g), Pub. L. 100–203, part 50 of this chapter and each
follows: applicant for a combined license under
101 Stat. 1330–235 (42 U.S.C. 10165(g)).
Subpart J also issued under secs. 2(2), 2(15), § 73.2 Definitions. part 52 of this chapter shall submit
2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. fingerprints for those individuals who
2202, 2203, 2204, 2222, 2224 (42 U.S.C.
* * * * *
have or will have access to Safeguards
10101, 10137(a), 10161(h)). Subparts K and L (a) Terms defined in parts 50, 52, and
Information.
70 of this chapter have the same
are also issued under sec. 133, 98 Stat. 2230 (3) Before receiving its operating
(42 U.S.C. 10153) and sec. 218(a), 96 Stat. meaning when used in this part. license under part 50 of this chapter or
2252 (42 U.S.C. 10198). * * * * * before the Commission makes its
■ 164. Section 72.210 is revised to read ■ 169. In § 73.50, the introductory text finding under § 52.103(g) of this
as follows: is revised to read as follows: chapter, each applicant for a license to
operate a nuclear power reactor Section 75.4 also issued under secs. 135, stored in electronic media with the
(including an applicant for a combined 141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 capability for producing legible,
license) may submit fingerprints for U.S.C. 10155, 10161). accurate, and complete records during
those individuals who will require ■ 174. In § 75.6, paragraph (b) is revised the required retention period. Records
unescorted access to the nuclear power to read as follows: such as letters, drawings, or
facility. specifications must include all pertinent
* * * * * § 75.6 Maintenance of records and delivery information such as stamps, initials, and
of information, reports, and other signatures. The licensee, certificate
■ 172. In Appendix C to Part 73, the communications. holder, or other person shall maintain
Introduction is revised to read as * * * * * adequate safeguards against tampering
follows: (b) If an installation is a nuclear with and loss of records.
power plant or a non-power reactor for
Appendix C to Part 73—Licensee ■ 178. In § 95.19, the introductory text
which a construction permit, operating
Safeguards Contingency Plans of paragraph (b) is revised to read as
license or a combined license has been
Introduction issued, whether or not a license to follows:
A licensee safeguards contingency plan is receive and possess nuclear material at § 95.19 Changes to security practices and
a documented plan to give guidance to the installation has been issued, the procedures.
licensee personnel in order to accomplish cognizant Director is either the Director,
specific defined objectives in the event of * * * * *
Office of New Reactors, or the Director,
threats, thefts, or radiological sabotage (b) A licensee, certificate holder, or
Office of Nuclear Reactor Regulation.
relating to special nuclear material or nuclear other person may effect a minor, non-
For all other installations, the cognizant
facilities licensed under the Atomic Energy substantive change to an approved
Director is the Director, Office of
Act of 1954, as amended. An acceptable Standard Practice Procedures Plan for
Nuclear Material Safety and Safeguards.
safeguards contingency plan must contain: the safeguarding of classified
(1) A predetermined set of decisions and * * * * * information without receiving prior
actions to satisfy stated objectives; CSA approval. These minor changes
(2) An identification of the data, criteria, PART 95—FACILITY SECURITY
that do not affect the security of the
procedures, and mechanisms necessary to CLEARANCE AND SAFEGUARDING
facility may be submitted to the
efficiently implement the decisions; and OF NATIONAL SECURITY
(3) A stipulation of the individual, group, addressees noted in paragraph (a) of this
INFORMATION AND RESTRICTED
or organizational entity responsible for each section within 30 days of the change.
DATA
decision and action. Page changes rather than a complete
The goals of licensee safeguards ■ 175. The authority citation for Part 95 rewrite of the plan may be submitted.
contingency plans for responding to threats, continues to read as follows: Some examples of minor, non-
thefts, and radiological sabotage are: substantive changes to the Standard
(1) To organize the response effort at the Authority: Secs. 145, 161, 193, 68 Stat.
Practice Procedures Plan include—
licensee level; 942, 948, as amended (42 U.S.C. 2165, 2201);
sec. 201, 88 Stat. 1242, as amended (42 * * * * *
(2) To provide predetermined, structured
responses by licensees to safeguards U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 ■ 179. Section 95.20 is revised to read
contingencies; U.S.C. 3504 note); E.O. 10865, as amended, as follows:
(3) To ensure the integration of the licensee 3 CFR 1959–1963 COMP., p. 398 (50 U.S.C.
response with the responses by other entities; 401, note); E.O. 12829, 3 CFR, 1993 Comp., § 95.20 Grant, denial or termination of
and p. 570; E.O. 12958, as amended, 3 CFR, 1995 facility clearance.
(4) To achieve a measurable performance Comp., p. 333, as amended by E.O. 13292, 3 The Division of Nuclear Security shall
in response capability. CFR, 2004 Comp., p. 196; E.O. 12968, 3 CFR, provide notification in writing (or orally
Licensee safeguards contingency planning 1995 Comp., p. 391.
with written confirmation) to the
should result in organizing the licensee’s ■ 176. In § 95.5, the definition of license licensee, certificate holder, or other
resources in such a way that the participants is revised to read as follows: person of the Commission’s grant,
will be identified, their several acceptance of another agency’s facility
responsibilities specified, and the responses § 95.5 Definitions. clearance, denial, or termination of
coordinated. The responses should be timely.
* * * * * facility clearance. This information
It is important to note that a licensee’s
License means a license issued under must also be furnished to
safeguards contingency plan is intended to be
complementary to any emergency plans 10 CFR parts 50, 52, 54, 60, 63, 70, or representatives of the NRC, NRC
developed under appendix E to part 50 of 72. contractors, licensees, certificate
this chapter, § 52.17 or § 52.79, or to * * * * * holders, or other person, or other
§ 70.22(i) of this chapter. ■ 177. In § 95.13, paragraph (b) is Federal agencies having a need to
* * * * * revised to read as follows: transmit classified information to the
licensees or other person.
PART 75—SAFEGUARDS ON § 95.13 Maintenance of records.
■ 180. In § 95.23, paragraph (b) is
NUCLEAR MATERIAL— * * * * *
IMPLEMENTATION OF US/IAEA (b) Each record required by this part revised to read as follows:
AGREEMENT must be legible throughout the retention § 95.23 Termination of facility clearance.
period specified by each Commission * * * * *
■ 173. The authority citation for part 75 regulation. The record may be the (b) When facility clearance is
continues to read as follows original or a reproduced copy or a terminated, the licensee, certificate
microform provided that the copy or holder, or other person will be notified
Authority: Secs. 53, 63, 103, 104, 122, 161,
68 Stat. 930, 932, 936, 937, 939, 948, as microform is authenticated by in writing of the determination and the
amended (42 U.S.C. 2073, 2093, 2133, 2134, authorized personnel and that the procedures outlined in § 95.53 apply.
2152, 2201); sec. 201, 88 Stat. 1242, as microform is capable of producing a
amended (42 U.S.C. 5841); sec. 1704, 112 clear copy throughout the required ■ 181. Section 95.31 is revised to read
Stat. 2750 (44 U.S.C. 3504 note). retention period. The record may also be as follows:
§ 95.31 Protective personnel. regulations in this part may receive or (e) Licensees, certificate holders, or
Whenever protective personnel are may permit any other licensee, other persons subject to this part shall
used to protect classified information certificate holder, or other person to take such measures as may be necessary
they shall: have access to matter revealing Secret or to preclude access to classified matter
(a) Possess an ‘‘L’’ access Confidential National Security by participants of other international
authorization (or CSA equivalent) if the Information or Restricted Data unless agreements unless specifically provided
licensee, certificate holder, or other the individual has: for under the terms of a specific
person possesses information classified * * * * * agreement.
Confidential National Security (3) NRC-approved storage facilities if
■ 186. In § 95.37, paragraphs (a), (b),
Information, Confidential Restricted classified documents or material are to
Data or Secret National Security and (h) are revised to read as follows:
be transmitted to the licensee, certificate
Information. holder, or other person. § 95.37 Classification and preparation of
(b) Possess a ‘‘Q’’ access authorization * * * * * documents.
(or CSA equivalent) if the licensee, ■ 185. In § 95.36, paragraphs (c), (d), (a) Classification. Classified
certificate holder, or other person and (e) are revised to read as follows: information generated or possessed by a
possesses Secret Restricted Data related licensee, certificate holder, or other
to nuclear weapons design, § 95.36 Access by representatives of the person must be appropriately marked.
manufacturing and vulnerability International Atomic Energy Agency or by
Classified material which is not
information; and certain particularly participants in other international
agreements. conducive to markings (e.g., equipment)
sensitive Naval Nuclear Propulsion may be exempt from this requirement.
Program information (e.g., fuel * * * * *
These exemptions are subject to the
manufacturing technology) and the (c) In accordance with the specific
disclosure authorization provided by approval of the CSA on a case-by-case
protective personnel require access as basis. If a person or facility generates or
part of their regular duties. the Division of Nuclear Security,
licensees, certificate holders, or other possesses information that is believed to
■ 182. In § 95.33, paragraph (c) is persons subject to this part are be classified based on guidance
revised to read as follows: authorized to release (i.e., transfer provided by the NRC or by derivation
possession of) copies of documents that from classified documents, but which
§ 95.33 Security education. no authorized classifier has determined
contain classified National Security
* * * * * Information directly to IAEA inspectors to be classified, the information must be
(c) Temporary Help Suppliers. A and other representatives officially protected and marked with the
temporary help supplier, or other designated to request and receive appropriate classification markings
contractor who employs cleared classified National Security Information pending review and signature of an NRC
individuals solely for dispatch documents. These documents must be authorized classifier. This information
elsewhere, is responsible for ensuring marked specifically for release to IAEA shall be protected as classified
that required briefings are provided to or other international organizations in information pending final
their cleared personnel. The temporary accordance with instructions contained determination.
help supplier or the using licensee’s, in the NRC’s disclosure authorization (b) Classification consistent with
certificate holder’s, or other person’s letter. Licensees, certificate holders, and content. Each document containing
facility may conduct these briefings. other persons subject to this part may classified information shall be classified
* * * * * also forward these documents through Secret or Confidential according to its
■ 183. Section 95.34 is revised to read the NRC to the international content. NRC licensees, certificate
as follows: organization’s headquarters in holders, or other persons subject to the
accordance with the NRC disclosure requirements of 10 CFR part 95 may not
§ 95.34 Control of visitors. authorization. Licensees, certificate make original classification decisions.
(a) Uncleared visitors. Licensees, holders, and other persons may not * * * * *
certificate holders, or other persons reproduce documents containing (h) Classification challenges.
subject to this part shall take measures classified National Security Information Licensees, certificate holders, or other
to preclude access to classified except as provided in § 95.43. persons in authorized possession of
information by uncleared visitors. (d) Records regarding these visits and classified National Security Information
(b) Foreign visitors. Licensees, inspections must be maintained for 5 who in good faith believe that the
certificate holders, or other persons years beyond the date of the visit or information’s classification status (i.e.,
subject to this part shall take measures inspection. These records must that the document), is classified at
as may be necessary to preclude access specifically identify each document either too high a level for its content
to classified information by foreign released to an authorized representative (overclassification) or too low for its
visitors. The licensee, certificate holder, and indicate the date of the release. content (underclassification) are
or other person shall retain records of These records must also identify (in expected to challenge its classification
visits for 5 years beyond the date of the such detail as the Division of Nuclear status. Licensees, certificate holders, or
visit. Security, by letter, may require) the other persons who wish to challenge a
categories of documents that the classification status shall—
■ 184. In § 95.35, the introductory text
authorized representative has had (1) Refer the document or information
of paragraph (a), and paragraph (a)(3)
access and the date of this access. A to the originator or to an authorized
are revised to read as follows:
licensee, certificate holder, or other NRC classifier for review. The
§ 95.35 Access to matter classified as person subject to this part shall also authorized classifier shall review the
National Security Information and retain Division of Nuclear Security document and render a written
Restricted Data. disclosure authorizations for 5 years classification decision to the holder of
(a) Except as the Commission may beyond the date of any visit or the information.
authorize, no licensee, certificate holder inspection when access to classified (2) In the event of a question
or other person subject to the information was permitted. regarding classification review, the
holder of the information or the system unless the system and § 95.57 Reports.
authorized classifier shall consult the procedures to protect the classified data Each licensee, certificate holder, or
NRC Division of Facilities and Security, or information have been approved by other person having a facility clearance
Information Security Branch, for the CSA. Approval of the ADP system shall report to the CSA and the Regional
assistance. and procedures is based on a Administrator of the appropriate NRC
(3) Licensees, certificate holders, or satisfactory ADP security proposal Regional Office listed in 10 CFR part 73,
other persons who challenge submitted as part of the licensee’s, appendix A:
classification decisions have the right to certificate holder’s, or other person’s * * * * *
appeal the classification decision to the request for facility clearance outlined in ■ 194. Section 95.59 is revised to read
Interagency Security Classification § 95.15 or submitted as an amendment as follows:
Appeals Panel. to its existing Standard Practice
(4) Licensees, certificate holders, or Procedures Plan for the protection of § 95.59 Inspections.
other persons seeking to challenge the classified information. The Commission shall make
classification of information will not be inspections and reviews of the premises,
the subject of retribution. ■ 191. Section 95.51 is revised to read
as follows: activities, records and procedures of any
* * * * * licensee, certificate holder, or other
■ 187. In § 95.39, paragraph (a) is § 95.51 Retrieval of classified matter person subject to the regulations in this
revised to read as follows: following suspension or revocation of part as the Commission and CSA deem
access authorization. necessary to effect the purposes of the
§ 95.39 External transmission of Act, E.O. 12958 and/or NRC rules.
documents and material. In any case where the access
(a) Restrictions. Documents and authorization of an individual is PART 140—FINANCIAL PROTECTION
material containing classified suspended or revoked in accordance REQUIREMENTS AND INDEMNITY
information received or originated in with the procedures set forth in part 25 AGREEMENTS
connection with an NRC license, of this chapter, or other relevant CSA
certificate, or standard design approval procedures, the licensee, certificate ■ 195. The authority citation for part
or standard design certification under holder, or other person shall, upon due 140 continues to read as follows:
part 52 of this chapter must be notice from the Commission of such
Authority: Secs. 161, 170, 68 Stat. 948, 71
transmitted only to CSA approved suspension or revocation, retrieve all Stat. 576, as amended (42 U.S.C. 2201, 2210);
security facilities. classified information possessed by the secs. 201, as amended, 202, 88 Stat. 1242, as
individual and take the action necessary amended, 1244 (42 U.S.C. 841, 5842); Sec.
* * * * * to preclude that individual having 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
■ 188. In § 95.43, paragraph (a) is further access to the information.
revised to read as follows: ■ 196. In § 140.2, paragraphs (a)(1) and
■ 192. Section 95.53 is revised to read (a)(2) are revised to read as follows:
§ 95.43 Authority to reproduce. as follows:
(a) Each licensee, certificate holder, or § 140.2 Scope.
other person possessing classified § 95.53 Termination of facility clearance. (a) * * *
information shall establish a (a) If the need to use, process, store, (1) To each person who is an
reproduction control system to ensure reproduce, transmit, transport, or applicant for or holder of a license
that reproduction of classified material handle classified matter no longer issued under 10 CFR parts 50, 52, or 54
is held to the minimum consistent with exists, the facility clearance will be to operate a nuclear reactor, and
operational requirements. Classified terminated. The licensee, certificate (2) With respect to an extraordinary
reproduction must be accomplished by holder, or other person for the facility nuclear occurrence, to each person who
authorized employees knowledgeable of may deliver all documents and matter is an applicant for or holder of a license
the procedures for classified containing classified information to the to operate a production facility or a
reproduction. The use of technology Commission, or to a person authorized utilization facility (including an
that prevents, discourages, or detects the to receive them, or must destroy all operating license issued under part 50
unauthorized reproduction of classified classified documents and matter. In of this chapter and a combined license
documents is encouraged. either case, the licensee, certificate under part 52 of this chapter), and to
* * * * * holder, or other person for the facility other persons indemnified with respect
shall submit a certification of to the involved facilities.
■ 189. In § 95.45, paragraph (d) is
revised to read as follows: nonpossession of classified information * * * * *
to the NRC Division of Nuclear Security ■ 197. Section 140.10 is revised to read
§ 95.45 Changes in classification. within 30 days of the termination of the as follows:
* * * * * facility clearance.
(d) Any licensee, certificate holder, or § 140.10 Scope.
(b) In any instance where a facility
other person making a change in This subpart applies to each person
clearance has been terminated based on
classification or receiving notice of such who is an applicant for or holder of a
a determination of the CSA that further
a change shall forward notice of the license issued under 10 CFR parts 50 or
possession of classified matter by the
change in classification to holders of all 54 to operate a nuclear reactor, or is the
facility would not be in the interest of
copies as shown on their records. applicant for or holder of a combined
the national security, the licensee,
■ 190. Section 95.49 is revised to read license issued under parts 52 or 54 of
certificate holder, or other person for the
as follows: this chapter, except licenses held by
facility shall, upon notice from the CSA,
persons found by the Commission to be

dispose of classified documents in a
§ 95.49 Security of automatic data Federal agencies or nonprofit
processing (ADP) systems. manner specified by the CSA.
educational institutions licensed to
Classified data or information may not ■ 193. In § 95.57, the introductory conduct educational activities. This
be processed or produced on an ADP paragraph is revised to read as follows: subpart also applies to persons licensed
to possess and use plutonium in a issuance of the license under part 70 of which affords indemnity protection for
plutonium processing and fuel this chapter. the preoperational storage of fuel at the
fabrication plant. ■ 201. In § 140.20, paragraph (a)(1)(ii) is site of a nuclear power reactor under
■ 198. In § 140.11, paragraph (b) is revised, and paragraph (a)(1)(iii) is construction, the geographical
revised to read as follows: added to read as follows: boundaries of the indemnity location
will include the entire construction area
§ 140.11 Amounts of financial protection § 140.20 Indemnity agreements and liens. of the nuclear power reactor, as
for certain reactors. (a) * * * determined by the Commission. Such
* * * * * (1) * * * area will not necessarily be coextensive
(b) In any case where a person is (ii) The date that the Commission with the indemnity location which will
authorized under parts 50, 52, or 54 of makes the finding under § 52.103(g) of be established at the time an operating
this chapter to operate two or more this chapter; or license or combined license under 10
nuclear reactors at the same location, (iii) The effective date of the license CFR part 52 is issued for such
the total primary financial protection (issued under part 70 of this chapter) additional nuclear power reactors.
required of the licensee for all such authorizing the licensee to possess and (2) In every indemnity agreement
reactors is the highest amount which store special nuclear material at the site between the Commission and a licensee
would otherwise be required for any one of the nuclear reactor for use as fuel in which affords indemnity protection for
of those reactors; provided, that such operation of the nuclear reactor after an existing nuclear power reactor, the
primary financial protection covers all issuance of an operating license for the geographical boundaries of the
reactors at the location. reactor, whichever is earlier. No such indemnity location shall include the
■ 199. In § 140.12, paragraph (c) is agreement, however, shall be effective entire construction area of any
revised to read as follows: prior to September 26, 1957; or additional nuclear power reactor as
* * * * * determined by the Commission, built as
§ 140.12 Amount of financial protection
■ 202. In § 140.81, paragraph (a) is part of the same power station by the
required for other reactors.
revised to read as follows: same licensee. Such area will not
* * * * * necessarily be coextensive with the
(c) In any case where a person is § 140.81 Scope and purpose.
indemnity location which will be
authorized under parts 50, 52, or 54 of (a) Scope. This subpart applies to established at the time an operating
this chapter to operate two or more applicants for and holders of licenses license or combined license is issued for
nuclear reactors at the same location, authorizing operation of production such additional nuclear power reactors.
the total financial protection required of facilities and utilization facilities, (3) This section is effective May 1,
the licensee for all such reactors is the including combined licenses under part 1973, as to construction permits issued
highest amount which would otherwise 52 of this chapter, and to other persons before March 2, 1973, and, as to
be required for any one of those indemnified with respect to such construction permits and combined
reactors; provided, that such financial facilities. licenses issued on or after March 2,
protection covers all reactors at the * * * * * 1973, the provisions of this section will
location. ■ 203. In § 140.93 Appendix C, Article apply no later than such time as a
* * * * * VIII, paragraph 4 is revised to read as construction permit or combined license
■ 200. Section 140.13 is revised to read follows: is issued authorizing construction of
as follows: any additional nuclear power reactor.
§ 140.93 Appendix C—Form of indemnity
§ 140.13 Amount of financial protection agreement with licensees furnishing proof PART 170—FEES FOR FACILITIES,
required of certain holders of construction of financial protection in the form of MATERIALS, IMPORT AND EXPORT
permits and combined licenses under 10 licensee’s resources.
CFR part 52.
LICENSES, AND OTHER
* * * * * REGULATORY SERVICES UNDER THE
Each holder of a part 50 construction ATOMIC ENERGY ACT OF 1954, AS
Article VIII
permit, or a holder of a combined AMENDED
license under part 52 of this chapter * * * * *
4. If the Commission determines that the
before the date that the Commission had ■ 205. The authority citation for part
licensee is financially able to reimburse the
made the finding under 10 CFR Commission for a deferred premium payment 170 continues to read as follows:
52.103(g), who also holds a license made in its behalf, and the licensee, after Authority: Sec. 9701, Pub. L. 97–258, 96
under part 70 of this chapter authorizing notice of such determination by the Stat. 1051 (31 U.S.C. 9701); sec. 301, Pub. L.
ownership, possession and storage only Commission fails to make such 92–314, 86 Stat. 227 (42 U.S.C. 2201w); sec.
of special nuclear material at the site of reimbursement within 120 days, the 201, Pub. L. 93–438, 88 Stat. 1242, as
the nuclear reactor for use as fuel in Commission will take appropriate steps to amended (42 U.S.C. 5841); sec. 205a, Pub. L.
operation of the nuclear reactor after suspend the license for 30 days. The 101–576, 104 Stat. 2842, as amended (31
Commission may take any further action as U.S.C. 901, 902); sec. 1704, 112 Stat. 2750 (44
issuance of either an operating license necessary if reimbursement is not made
under 10 CFR part 50 or combined U.S.C. 3504 note).
within the 30-day suspension period
license under 10 CFR part 52, shall, including, but not limited to, termination of ■ 206. In § 170.2, paragraph (j) is
during the period before issuance of a the operating license or combined license. removed and reserved, and paragraphs
license authorizing operation under 10 * * * * * (g) and (k) are revised to read as follows:
CFR part 50, or the period before the ■ 204. Section 140.96 is revised to read
Commission makes the finding under § 170.2 Scope.
as follows:
§ 52.103(g) of this chapter, as applicable, * * * * *
have and maintain financial protection § 140.96 Appendix F—Indemnity locations. (g) An applicant for or holder of a
in the amount of $1,000,000. Proof of (a) Geographical boundaries of production or utilization facility
financial protection shall be filed with indemnity locations. construction permit or operating license
the Commission in the manner specified (1) In every indemnity agreement issued under 10 CFR part 50, or an early
in § 140.15 of this chapter before between the Commission and a licensee site permit, standard design
certification, standard design approval, Authority: Sec. 7601, Pub. L. 99–272, 100 reactor license that is in
manufacturing license, or combined Stat. 146, as amended by sec. 5601, Pub. L. decommissioning or possession only
license issued under 10 CFR part 52; 100–203, 101 Stat. 1330 as amended by sec. status, except those that have no spent
3201, Pub. L. 101–239, 103 Stat. 2132, as
* * * * * amended by sec. 6101, Pub. L. 101–508, 104 fuel onsite; and each person holding a
(j) [Reserved] Stat. 1388, as amended by sec. 2903a, Pub. part 72 license who does not hold a part
(k) Applying for or already has L. 102–486, 106 Stat. 3125 (42 U.S.C. 2213, 50 or part 52 license shall pay the
applied for review, under appendix Q to 2214); sec. 301, Pub. L. 92–314, 86 Stat. 227 annual fee for each license held at any
10 CFR part 50 of a facility site before (42 U.S.C. 2201w); sec. 201, Pub. L. 93–438, time during the Federal fiscal year in
the submission of an application for a 88 Stat. 1242, as amended (42 U.S.C. 5841);
which the fee is due. This paragraph
construction permit; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504
note). does not apply to test and research
* * * * * reactors exempted under § 171.11(a).
■ 208. In § 171.15, paragraph (a) is
PART 171—ANNUAL FEES FOR revised to read as follows: * * * * *
REACTOR LICENSES AND FUEL Dated at Rockville, Maryland, this 1st day
CYCLE LICENSES AND MATERIALS § 171.15 Annual Fees: Reactor licenses
of August 2007.
LICENSES, INCLUDING HOLDERS OF and independent spent fuel storage
licenses. For the Nuclear Regulatory Commission.
CERTIFICATES OF COMPLIANCE,
(a) Each person holding an operating Annette L. Vietti-Cook,
REGISTRATIONS, AND QUALITY
ASSURANCE PROGRAM APPROVALS license for a power, test, or research Secretary of the Commission.
AND GOVERNMENT AGENCIES reactor; each person holding a combined [FR Doc. 07–3861 Filed 8–20–07; 8:45 am]
LICENSED BY THE NRC license under part 52 of this chapter BILLING CODE 7590–01–P
after the Commission has made the
■ 207. The authority citation for part finding under § 52.103(g); each person
171 continues to read as follows: holding a part 50 or part 52 power

Rule: Nuclear Power Plants Licenses, Certifications, and Approvals

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an application. Accordingly, is certified by the Commission in a holder of a combined license referencing a

d. Exemption as Section 103 licenses.5 Accordingly, Accordingly, in the March 2006

§ 50.34a(e). Section IV of appendix I to purpose of the tests are to assure that

manufacturing licenses. Manufacturing by Section 189.a(1)(B)(i) need not

limit the information to be considered Id. at 8. Thus, the limitation was

licenses such as combined licenses, by Congress as the Energy Policy Act of

‘‘interested persons,’’ as well as NRC is adding conforming changes to

Early Site Permit (ESP)

as holders of construction permits. implementing a SAMDA. The

under the Commission’s proposed action, which is required by Section

licensees and other individuals and Commission, including applicants for

Required programs should always be

manufacturing license has requested a Paragraph (b)(2) requires a holder of a

Information requests by the staff must

reactor design, and removed references limited to) a standard design

Document PDR Web EPDR NRC staff

Part 52 Rule, Cross-Reference Tables ........................................................... X ML062550246 X

LIST OF CHANGES 10 CFR PART 52 FINAL RULEMAKING

are designated as a Compatibility Category NRC.

LIST OF CHANGES 10 CFR PART 52 FINAL RULEMAKING—Continued

CFR Part 150, and other Federal laws, regulations, or pro-

LIST OF CHANGES 10 CFR PART 52 FINAL RULEMAKING—Continued

LIST OF CHANGES 10 CFR PART 52 FINAL RULEMAKING—Continued

that would confer regulatory authority to the State in an

LIST OF CHANGES 10 CFR PART 52 FINAL RULEMAKING—Continued

LIST OF CHANGES 10 CFR PART 52 FINAL RULEMAKING—Continued

LIST OF CHANGES 10 CFR PART 52 FINAL RULEMAKING—Continued

(Government Agencies). Administrative practice and requirements.

3 The partial decision on site suitability issues

reasonable times opportunity to inspect § 19.20 Employee protection. § 20.1002 Scope.

Defect means: submissions must be made in a manner 71, or 72 of this chapter.

PART 26—FITNESS FOR DUTY recordkeeping.

sec. 204, 88 Stat. 1245 (42 U.S.C. 5844).

license that propose nuclear reactor requirements.

radiological emergency. * * * * * contained in the Responsibility Matrix

production or utilization facility of a type

scenario. a. Plume exposure and ingestion emergency

without undue risk to the health and safety

contribution of the environmental NRC for the referenced design S–4.

52.15 Filing of applications. Subpart D—Reserved

6. After issuance of a license, the generic

2, and the generic TS and other operational

A. An applicant for a combined license

3. Departures from Tier 1 information that malfunction of a structure, system, or

including a summary of the evaluation of

paragraphs B.3, B.4, B.5, or B.6 of this

plant-specific DCD being exceeded or altered;

construction permit or operating license

Steel Structural Members, Part 1 and 2,’’

submitted, along with updates to the site-

persons found by the Commission to be

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