Proposed Rule: Nuclear Power Plants Licenses, Certifications, and Approvals

Monday,
March 13, 2006
Part II
Nuclear Regulatory
Commission
10 CFR Parts 1, 2 et al.
Licenses, Certifications, and Approvals for
Nuclear Power Plants; Proposed Rule
sroberts on PROD1PC70 with PROPOSALS
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12782 Federal Register / Vol. 71, No. 48 / Monday, March 13, 2006 / Proposed Rules
NUCLEAR REGULATORY Washington, DC 20555–0001, ATTN: Reactor Regulation, U.S. Nuclear

COMMISSION Rulemakings and Adjudications Staff. Regulatory Commission, Washington,
E-mail comments to: SECY@nrc.gov. If DC 20555–0001, telephone 301–415–
10 CFR Parts 1, 2, 10, 19, 20, 21, 25, you do not receive a reply e-mail 1180, e-mail nvg@nrc.gov; or Jerry N.
26, 50, 51, 52, 54, 55, 72, 73, 75, 95, 140, confirming that we have received your Wilson, Office of Nuclear Reactor
170, and 171 comments, contact us directly at 301– Regulation, U.S. Nuclear Regulatory
RIN 3150–AG24
415–1966. You may also submit Commission, Washington, D.C. 20555–
comments via the NRC’s rulemaking 0001, telephone 301–415–3145, e-mail
Licenses, Certifications, and Web site at http://ruleforum.llnl.gov. jnw@nrc.gov.
Approvals for Nuclear Power Plants Address questions about our rulemaking
SUPPLEMENTARY INFORMATION:
Web site to Carol Gallagher 301–415–
AGENCY: Nuclear Regulatory 5905; e-mail cag@nrc.gov. Comments I. Workshop
Commission. may also be submitted via the Federal II. Background
ACTION: Proposed rule. A. Development of Proposed Rule
eRulemaking Portal http://
B. Publication of Revised Proposed Rule
www.regulations.gov. III. Reorganization of Part 52 and Conforming
SUMMARY: The Nuclear Regulatory
Hand deliver comments to: 11555 Changes in the NRC’s Regulations
Commission (NRC) is proposing to Rockville Pike, Rockville, Maryland
amend its regulations by revising the IV. Discussion of Substantive Changes
20852, between 7:30 a.m. and 4:15 p.m. A. Introduction.
provisions applicable to the licensing Federal workdays. (Telephone 301–415– B. Testing Requirements for Advanced
and approval processes for nuclear 1966.) Reactors
power plants and making necessary Fax comments to: Secretary, U.S. C. Proposed Changes to 10 CFR Part 52
conforming amendments throughout the Nuclear Regulatory Commission at 301– D. Proposed Changes to 10 CFR Part 50
NRC’s regulations to enhance the NRC’s 415–1101. E. Proposed Change to 10 CFR Part 1
regulatory effectiveness and efficiency Publicly available documents related F. Proposed Changes to 10 CFR Part 2
in implementing its licensing and G. Proposed Changes to 10 CFR Part 10
to this rulemaking may be examined
approval processes. The proposed H. Proposed Changes to 10 CFR Part 19
and copied for a fee at the NRC’s Public I. Proposed Changes to 10 CFR Part 20
changes would clarify the applicability Document Room (PDR), Public File Area J. Proposed Changes to 10 CFR Part 21
of various requirements to each of the O1 F21, One White Flint North, 11555 K. Proposed Change to 10 CFR Part 25
licensing processes (i.e., early site Rockville Pike, Rockville, Maryland. L. Proposed Changes to 10 CFR Part 26
permit, standard design approval, Selected documents, including M. Proposed Changes to 10 CFR Part 51
standard design certification, combined comments, can be viewed and N. Proposed Changes to 10 CFR Part 54
license, and manufacturing license). On downloaded electronically via the NRC O. Proposed Changes to 10 CFR Part 55
July 3, 2003, the NRC published a rulemaking Web site at http:// P. Proposed Changes to 10 CFR Part 72
proposed rulemaking to clarify and Q. Proposed Changes to 10 CFR Part 73
ruleforum.llnl.gov.
correct the NRC’s regulations related to R. Proposed Change to 10 CFR Part 75
Publicly available documents created
nuclear power plant licensing. Upon S. Proposed Changes to 10 CFR Part 95
or received at the NRC after November T. Proposed Changes to 10 CFR Part 140
further consideration, the NRC is now 1, 1999, are available electronically at U. Proposed Changes to 10 CFR Part 170
proposing new requirements to enhance the NRC’s Electronic Reading Room at V. Specific Request for Comments
its licensing and approval processes and http://www.nrc.gov/NRC/ADAMS/ VI. Availability of Documents
changes throughout the NRC’s index.html. From this site, the public VII. Agreement State Compatibility
regulations to support these processes. can gain entry into the NRC’s VIII. Plain Language
This proposed rule supersedes the 2003 Agencywide Document Access and IX. Voluntary Consensus Standards
proposed rule. The Commission Management System (ADAMS), which X. Environmental Impact—Categorical
believes that this rulemaking action will provides text and image files of NRC’s Exclusion
improve the effectiveness and efficiency XI. Paperwork Reduction Act Statement
public documents. If you do not have
XII. Regulatory Analysis
of the licensing and approval processes access to ADAMS or if there are XIII. Regulatory Flexibility Certification
for future applicants. problems in accessing the documents XIV. Backfit Analysis
DATES: Submit comments by May 30, located in ADAMS, contact the NRC
2006. Comments received after this date PDR Reference staff at 1–800–397–4209, I. Workshop
will be considered if it is practical to do 301–415–4737 or by e-mail to The NRC is holding a workshop on
so, but the Commission is able to ensure pdr@nrc.gov. March 14, 2006, to provide additional
consideration only for comments Workshop: The NRC workshop to be information on the basis for the changes
received on or before this date. held on March 14, 2006, will take place it is proposing in this document, to
The NRC is holding a workshop on in the Auditorium at the NRC offices at facilitate public discussion on the
March 14, 2006 (see ADDRESSES section 11545 Rockville Pike, Rockville, proposed rulemaking, and to answer
for the location). Maryland, between 9 a.m. and 4 p.m. stakeholder questions regarding the
ADDRESSES: You may submit comments Please contact Nanette V. Gilles, Office proposed rule. Questions may be
by any one of the following methods. of Nuclear Reactor Regulation, U.S. submitted in writing in advance of the
Please include the following number Nuclear Regulatory Commission, at workshop as specified in the ADDRESSES
(RIN 3150–AG24) in the subject line of telephone 301–415–1180 or e-mail section of this document. To facilitate
your comments. Comments on nvg@nrc.gov to pre-register for the complete and accurate responses to
rulemakings submitted in writing or in workshop. Questions may be submitted questions, the Commission requests that
electronic form will be made available in writing in advance of the workshop questions be submitted by March 10,
to the public in their entirety on the to Ms. Gilles at nvg@nrc.gov, or sent by 2006.
NRC rulemaking Web site. Personal mail to Ms. Gilles at the U.S. Nuclear Participants may provide informal
information will not be removed from Regulatory Commission, Mail Stop O– oral comments during the workshop,
your comments. 4D9A, Washington, DC 20555–0001. but in order to receive a formal response
Mail comments to: Secretary, U.S. FOR FURTHER INFORMATION CONTACT: in the final rule, participants must
Nuclear Regulatory Commission, Nanette V. Gilles, Office of Nuclear submit comments in writing as
Federal Register / Vol. 71, No. 48 / Monday, March 13, 2006 / Proposed Rules 12783
indicated in the ADDRESSES section of 14, 1999 (SRM on SECY–98–282), commenters on the July 2003 proposed
this document. To aid the public in approving the NRC staff’s plan for rule who believe that their earlier
their development of comments on the revising 10 CFR part 52. Subsequently, comments are not adequately addressed
proposed rule, the workshop will be the NRC obtained considerable in this proposed rule resubmit their
transcribed and the transcript will be stakeholder comment on its planned comments. The NRC will provide
made available electronically at the NRC action, conducted three public meetings resolutions for comments received on
rulemaking Web site at http:// on the proposed rulemaking, and twice the revised proposed rule in the
ruleforum.llnl.gov. and at the NRC’s posted draft rule language on the NRC’s statement of considerations for the final
Electronic Reading Room at http:// rulemaking Web site before issuance of rule. The NRC will not be providing a
www.nrc.gov/NRC/ADAMS/index.html. the initial proposed rule. comment resolution for all of the
comments received on the original July
II. Background B. Publication of Revised Proposed Rule
2003 proposed rule.
A. Development of Proposed Rule A number of factors led the NRC to
question whether the July 2003 III. Reorganization of Part 52 and
On July 3, 2003 (68 FR 40026), the proposed rule would meet the NRC’s Conforming Changes in the NRC’s
NRC published a proposed rulemaking objective of improving the effectiveness Regulations
that would clarify and/or correct of its processes for licensing future Since the NRC first adopted 10 CFR
miscellaneous parts of the NRC’s nuclear power plants. First, public part 52 in 1989, the NRC and its
regulations; update 10 CFR part 52 in its comments identified several concerns external stakeholders have identified a
entirety; and incorporate stakeholder about whether the proposed rule number of interrelated issues and
comments. The NRC is issuing a revised adequately addressed the relationship concerns. One significant concern is
proposed rule that rewrites part 52, between part 50 and part 52, and that the overall regulatory relationship
makes changes throughout the whether it clearly specified the between part 50 and part 52 is not
Commission’s regulations to ensure that applicable regulatory requirements for always clear. It is often difficult to tell
all licensing processes in part 52 are each of the licensing and approval whether general regulatory provisions in
addressed, and clarifies the applicability processes in part 52. In addition, as a part 50 apply to part 52. One example
of various requirements to each of the result of the NRC staff’s review of the is whether the absence of an exemption
processes in part 52 (i.e., early site first three early site permit applications, provision in part 52 denotes the NRC’s
permit, standard design approval, the staff gained additional insights into determination that exemptions from
standard design certification, combined the early site permit process. The NRC part 52 requirements are not available,
license, and manufacturing license). also had the benefit of public meetings or that these exemptions are controlled
This proposed rule supersedes the July with external stakeholders on NRC staff by § 50.12. A related problem is the
3, 2003 proposed rule. guidance for the early site permit and current lack of specific delineation of
The NRC issued 10 CFR part 52 on combined license processes. As a result, the applicability of NRC requirements
April 18, 1989 (54 FR 15372), to reform the NRC decided that a substantial throughout 10 CFR Chapter 1 to the
the NRC’s licensing process for future rewrite and expansion of the original licensing and approval processes in part
nuclear power plants. The rule added proposed rulemaking was desirable so 52. For example, the indemnity and
alternative licensing processes in 10 that the agency may more effectively insurance provisions in part 140 were
CFR part 52 for early site permits, and efficiently implement the licensing not revised to address their applicability
standard design certifications, and and approval processes for future to applicants for and holders of
combined licenses. These were nuclear power plants under part 52. combined licenses under part C of part
additions to the two-step licensing Accordingly, the Commission has 52. Even where part 52 provisions
process that already existed in 10 CFR decided to revise the July 2003 referenced specific requirements in part
part 50. The processes in 10 CFR part proposed rule and publish the revised 50, it was not always clear from the
52 allow for resolving safety and proposed rule for public comment. As language of the part 50 requirement how
environmental issues early in licensing discussed in more detail in Section III, that requirement applied to the part 52
proceedings and were intended to Reorganization of Part 52 and processes. For example, § 52.47(a)(1)(i)
enhance the safety and reliability of Conforming Changes in the NRC’s provides that a standard design
nuclear power plants through regulations, this revised proposed rule certification application must contain
standardization. Subsequently, the NRC contains a rewrite of part 52, as well as the ‘‘technical information which is
certified four nuclear power plant changes throughout the NRC’s required of applicants for construction
designs under subpart B of 10 CFR part regulations, to ensure that all licensing permits and operating licenses by 10
52—the U.S. Advanced Boiling Water and approval processes in part 52 are CFR * * * part 50 * * * and which is
Reactor (ABWR) (62 FR 25800; May 12, addressed, and to clarify the technically relevant to the design and
1997), the System 80+ (62 FR 27840; applicability of various requirements to not site-specific.’’
May 21, 1997), the AP600 (64 FR 72002; each of the processes in part 52 (i.e., The language does not explicitly
December 23, 1999), and the AP1000 (71 early site permit, standard design identify the part 50 requirements that
FR 4464; January 27, 2006) designs and approval, standard design certification, are ‘‘technically relevant to the design.’’
codified these designs in appendices A, combined license, and manufacturing Even where a specific regulation in part
B, C, and D of 10 CFR part 52, license). In light of the substantial 50 is identified as a requirement, the
respectively. rewrite of the July 2003 proposed rule, language of the referenced regulation
The NRC had planned to update 10 the expansion of the scope of the itself was not changed to reflect the
CFR part 52 after using the standard rulemaking, and the NRC’s decision to specific requirements as applied to the
design certification process. The publish the revised proposed rule for part 52 processes. For example,
proposed rulemaking action began with public comment, the NRC has decided § 52.79(b) provides that the application
the issuance of SECY–98–282, ‘‘Part 52 that developing responses to comments must contain the ‘‘technically relevant
Rulemaking Plan,’’ on December 4, received on the July 2003 proposed rule information required of applicants for
1998. The Commission issued a staff is not an effective use of agency an operating license required by 10 CFR
requirements memorandum on January resources. The NRC requests that 50.34.’’ Other than the fact that this
language shares the problem discussed provisions in parts 2, 50, 51, and 52 to applicant seeks the NRC staff’s views.
earlier of what constitutes a ‘‘technically provide consistent terminology The staff site report is issued after
relevant’’ requirement, § 50.34(b) is throughout all of the regulations receiving and considering the comments
based upon the two-step licensing affecting part 52. Under the NRC’s of Federal, State, and local agencies and
process whereby certain important proposed reorganization of part 52, the interested persons, as well as the views
information is submitted at the existing appendices O and M on of the Advisory Committee on Reactor
construction permit stage, and then standard design approvals and Safeguards (ACRS), but only if site
supplemented with more detailed manufacturing licenses, respectively, safety issues are raised. The staff site
information at the operating license would be redesignated as new subparts report does not bind the Commission or
stage. Thus, it could be asserted that in part 52. Redesignating these a presiding officer in any hearing under
certain information that must be appendices as subparts in part 52 would part 2. This process is separate from the
submitted in the construction permit result in a consistent format and early site permit process in subpart A of
application, e.g., the ‘‘principal design organization of the requirements part 52. The NRC recognizes that there
criteria for the facility’’ required by applicable to each of the licensing and appears to be some redundancy between
§ 50.34(a)(3)(i), may be regarded as not approval processes. In addition, the the early review of site suitability issues
required to be submitted for a combined redesignation would clarify that each of and the early site permit process.
license application under the current the licensing and approval processes in Accordingly, the NRC proposes to
version of part 52. these appendices are available to remove appendix Q from part 52 and
Another potential source of confusion potential applicants as an alternative to retain it only in part 50.
is that the different subparts of part 52 the processes in part 50 (construction Inasmuch as the NRC may, in the
and the appendices on standard design permit and operating license) and the future, adopt other regulatory processes
approvals and manufacturing licenses existing subparts A through C of part 52. for nuclear power plants, the NRC
are not organized using the same format The Commission does not, by virtue of proposes to reserve several subparts in
of individual sections (e.g., ‘‘Scope of the proposed redesignation, either favor part 52 to accommodate additional
subpart,’’ followed by ‘‘Relationship to or disfavor the processes in the current licensing processes that may be adopted
other subparts,’’ followed by ‘‘Filing of appendices M and O. Rather, the by the NRC. The NRC used a standard
application’’). Moreover, the Commission is simply attempting to format and content for revising the
organization and textual content of standardize the format and organization regulations in the existing subparts and
identically-titled sections differs among of part 52, and to clarify the full range developing the new subparts that
the subparts, and with appendices M, N, of alternatives that are available under address the current appendices M and
O, and Q, which establish additional part 52 for use by potential applicants. O. The standard format and content was
licensing and approval processes. While Consistent with the broad scope of part modeled on the existing organization
these differences do not constitute an 52, the NRC proposes to retitle 10 CFR and content of subparts A and C.
insurmountable problem to their use part 52 as ‘‘Licenses, Certifications, and Perhaps most importantly, the NRC
and application, it became apparent to Approvals for Nuclear Power Plants.’’ has reviewed the existing regulations in
the Commission that adoption of a The NRC also proposes to reorganize 10 CFR Chapter 1 to determine if the
common format, organization, and and expand the scope of the existing regulations must be modified to
textual content would enhance the user administrative and general regulatory reflect the licensing and approval
experience and result in increased provisions that precede the part 52 processes in part 52. First, the NRC
regulatory effectiveness and efficiency. subparts by adding new sections on determined whether an existing
In the 2003 proposed rule, the NRC written communications (analogous to regulatory provision must, by virtue of
proposed several changes that were § 50.4), employee protection (analogous a statutory requirement or regulatory
intended to address some (but not all) to § 50.7), completeness and accuracy of necessity, be extended to address a part
of these issues. However, based upon information (analogous to § 50.9), 52 process, and, if so, how the
comments received on the 2003 exemptions (analogous to § 50.12), regulatory provision should apply.
proposed rule, the NRC’s experience to combining licenses (analogous to Second, in situations where the NRC
date with early site permit applications, § 50.52), jurisdictional limits (analogous has some discretion, the NRC
interactions with external stakeholders to § 50.53), and attacks and destructive determined whether there were policy
concerning NRC guidance for combined acts (analogous to § 50.13). In general, or regulatory reasons to extend the
license applications, and NRC’s the NRC believes that adding the new existing regulations to each of the part
screening of 10 CFR Chapter 1 sections to part 52 rather than revising 52 processes. Most of the NRC’s
requirements following the receipt of the comparable sections in part 50 is proposed conforming changes occur in
public comments on the 2003 proposed more consistent with the general format 10 CFR part 50. In making conforming
rule, the NRC concludes that the 2003 and content of the Commission’s changes involving 10 CFR part 50
proposed rule would not adequately regulations in each of the parts of 10 provisions, the NRC has adopted the
address and resolve these issues. CFR. general principle of keeping the
Accordingly, the NRC now proposes Appendix N, which addresses technical requirements in 10 CFR part
to take a more comprehensive approach duplicate design licenses, would be 50 and maintaining all applicable
to addressing these issues by removed from part 52 and would be procedural requirements in part 52.
reorganizing part 52, implementing a retained in part 50 because the However, due to the complexity of some
uniform format and content for each of duplicate design license is a part 50 provisions in 10 CFR part 50 (e.g.,
the subparts in part 52, using consistent operating license. Appendix Q, which § 50.34), this principle could not be
wording and organization of sections in addresses early staff review of site universally followed. A description of,
each of the subparts, and making suitability issues, would also be and bases for, the proposed conforming
conforming changes throughout 10 CFR removed from part 52 but retained in changes for each affected part follows.
Chapter 1 to reflect the licensing and part 50. Appendix Q provides for NRC The NRC has prepared the following
approval processes in part 52. The NRC staff issuance of a staff site report on site table that cross-references the proposed
has also attempted to coordinate and suitability issues with respect to a reorganized provisions of part 52 with
reconcile differences in wording among specific site for which a potential the current requirements in part 52:
TABLE 1.—CROSS-REFERENCES BE- TABLE 1.—CROSS-REFERENCES BE- order. Within each part, general topics
TWEEN PROPOSED 10 CFR PART 52 TWEEN PROPOSED 10 CFR PART 52 are discussed first, followed by
AND EXISTING REQUIREMENTS AND EXISTING REQUIREMENTS— discussion of proposed changes to
Continued individual sections as necessary. In
Proposed rule Existing requirements addition to the substantive changes,
Proposed rule Existing requirements existing rule language was revised to
General Provisions make conforming administrative
52.97 .......................... 52.97 changes (e.g., identification of
52.0 ............................ 52.1 52.98 .......................... None regulations containing information
52.1 ............................ 52.3 52.99 .......................... 52.99
52.2 ............................ 52.5
collection requirements in § 52.10),
52.103 ........................ 52.103 correct typographic errors, adopt
52.3 ............................ None 52.104 ........................ None
52.4 ............................ 52.9 52.105 ........................ None
consistent terminology (e.g., ‘‘makes the
52.5 ............................ None 52.107 ........................ None finding under § 52.103(g)’’), correct
52.6 ............................ None 52.109 ........................ None grammar, and adopt plain English.
52.7 ............................ None 52.110 ........................ None These changes are not discussed further.
52.8 ............................ None
52.9 ............................ None Subpart D—Reserved B. Testing Requirements for Advanced
52.10 .......................... None Subpart E—Standard Design Approvals Reactors
52.11 .......................... 52.8
52.131 ........................ App. O, Introduction This proposed rule would amend
Subpart A—Early Site Permits 52.133 ........................ None §§ 50.43, 52.47(b) (proposed § 52.47(c)),
52.135(a) ................... App. O, Paragraph 1 52.79, and appendix M to part 52
52.12 .......................... 52.11 52.135(b) ................... App. O, Paragraph 2 (proposed § 52.157) to achieve
52.13 .......................... 52.13 52.135(c) ................... None consistency in the requirements for
52.15 .......................... 52.15 52.136 ........................ App. O, Paragraph 3
52.16 .......................... None testing advanced reactor designs and
52.137 ........................ App. O, Paragraph 3
52.17 .......................... 52.17 52.139 ........................ None
plants. This amendment would require
52.18 .......................... 52.18 52.141 ........................ App. O, Paragraph 4 applicants for a combined license,
None .......................... 52.19 52.143 ........................ App. O, Paragraph 5 operating license, or manufacturing
52.21 .......................... 52.21 52.145(a) ................... App. O, Paragraph 5 license that do not reference a certified
52.23 .......................... 52.23 52.145(b) ................... App. O, Paragraph 6 advanced reactor design to also perform
52.24 .......................... 52.24 52.145(c) ................... App. O, Paragraph 7 the design qualification testing required
52.25 .......................... 52.25 52.147 ........................ None of applicants for design certification
52.27 .......................... 52.27
52.28 .......................... None under the current § 52.47(b)(2). If a
Subpart F—Manufacturing Licenses
52.29 .......................... 52.29 combined license application references
52.31 .......................... 52.31 52.151 ........................ App. M, Introduction a certified design, the qualification
52.33 .......................... 52.33 52.153(a) ................... App. M, Paragraph 8 testing required by the current
52.35 .......................... 52.35 52.153(b) ................... N/A § 52.47(b)(2) will have been performed.
None .......................... 52.37 52.155 ........................ App. M, Paragraphs The codification of testing requirements
52.39 .......................... 52.39 2 and 4 in § 52.47(b)(2) was a principal issue
52.156 ........................ App. M, Paragraph 4 during the original development of 10
Subpart B—Standard Design Certifications 52.157 ........................ App. M, Paragraphs
CFR part 52 (see Section II of 54 FR
2, 4, 5, 6
52.41 .......................... 52.41 and 52.45 52.158 ........................ App. M, Paragraph 3 15372; April 18, 1989). The
52.43 .......................... 52.43 52.159 ........................ App. M, Paragraph 1 requirements in § 52.47(b)(2), which
52.45 .......................... 52.45 and 52.49 52.161 [Reserved] ..... N/A demonstrate the performance of new
52.46 .......................... None 52.163 ........................ App. M, Paragraph 1 safety features for nuclear power plants
52.47 .......................... 52.47 52.165 ........................ App. M, Paragraph 1 that differ significantly from
52.48 .......................... 52.48 52.167 ........................ App. M, Paragraphs evolutionary light-water reactors or use
52.51 .......................... 52.51 5,6,8, 10
52.53 .......................... 52.53 simplified, inherent, passive, or other
52.169 [Reserved] ..... N/A
52.54 .......................... 52.54 innovative means to accomplish their
52.171 ........................ App. M, Paragraphs
52.55 .......................... 52.55 11 and 12 safety functions (advanced reactors),
52.57 .......................... 52.57 52.173 ........................ App. M, Paragraph 6 were included in 10 CFR part 52 to
52.59 .......................... 52.59 52.175 ........................ None ensure that these new safety features
52.61 .......................... 52.61 52.177 ........................ None will perform as predicted in the
52.63 .......................... 52.63 52.179 ........................ None applicant’s safety analysis report, that
52.181 ........................ None the effects of systems interactions are
Subpart C—Combined Licenses
acceptable, and to provide sufficient
Subpart G—Reserved
52.71 .......................... 52.71 Subpart H—Enforcement
data to validate analytical codes. The
52.73 .......................... 52.73 design qualification testing
52.75 .......................... 52.75 52.301 ........................ 52.111 requirements may be met with either
52.77 .......................... 52.77 52.303 ........................ 52.113 separate effects or integral system tests;
None .......................... 52.78 prototype tests; or a combination of
52.79/52.80 ................ 52.79 tests, analyses, and operating
IV. Discussion of Substantive Changes
52.81 .......................... 52.81
experience. These requirements
None .......................... 52.83 A. Introduction implement the Commission’s policy on

52.85 .......................... 52.85
52.87 .......................... 52.87 The proposed changes in 10 CFR proof-of-performance testing for all
52.80 .......................... 52.89 Chapter I are further discussed by part. advanced reactors (see Policy Statement
52.91 .......................... 52.91 Proposed changes to parts 52 and 50 are at 51 FR 24643; July 8, 1986) and the
52.93 .......................... 52.93 discussed first followed by proposed Commission’s goal of resolving all safety
changes to other parts in numerical issues before authorizing construction.
During the development of 10 CFR advanced nuclear reactor designs or permit contain information sufficient to
part 52, the focus of the nuclear plants (including reactors manufactured demonstrate that the design of the
industry and the NRC was on under a manufacturing license). facility falls within the parameters
applications for design certification. specified in the early site permit. The
C. Proposed Changes to 10 CFR Part 52
That is why the testing requirements to NRC interprets parameters in this case
qualify new or innovative safety features 1. Use of Terms: Site characteristics, to mean the site characteristics and
was only included in subpart B of part Site parameters, Design characteristics, design parameters as defined in
52. Furthermore, the tests to qualify a and Design parameters in §§ 52.1, 52.17, proposed § 52.1. The NRC proposes
new safety feature are different than 52.24, 52.39, 52.47, 52.54, 52.79, 52.93, similar changes to §§ 52.39 and 52.93.
verification tests, which are required by 52.157, 52.158, 52.167, 52.171, and The need for these changes became
the current § 52.79(c) and performed in Appendices A, B, and C evident during NRC’s review of the pilot
accordance with Section XI, ‘‘Test The NRC believes that 10 CFR part 52 early site permit applications. Because
Control,’’ of appendix B to part 50. the NRC is relying on certain design
should be modified to clarify the use of
Verification tests are used to provide parameters specified in the early site
the terms, site characteristics, site
assurance that construction and permit applications to reach its
parameters, design characteristics, and
installation of equipment (as-built) in conclusions on site suitability, these
design parameters, to present the NRC’s
the facility has been accomplished in design parameters will be included in
requirements governing applications for
accordance with the approved design. any early site permit issued. The NRC
and issuance of early site permits,
This amendment also proposes, in believes that these changes, in the
design approvals, design certifications,
§§ 50.43(e)(2) and 52.79(a), a aggregate, will provide sufficient
combined licenses, and manufacturing
requirement for licensing a prototype clarification on the use of the terms in
licenses in clear and unambiguous
plant, as defined in proposed §§ 50.2 question.
terms. The proposed rule adds or revises As the NRC completes its review of
and 52.1, if it is used to meet the these terms where necessary to reflect the first early site permit applications
qualification testing requirements in this clarification. Corresponding and prepares for the submittal of the
proposed § 50.43(e). New § 50.43(e) changes are made to §§ 52.17, 52.24, first combined license application, it is
states that, if a prototype plant is used 52.39, 52.47, 52.54, 52.79, 52.93, 52.157, focusing on the interaction among the
to comply with the testing requirements, 52.158, 52.167, 52.171, and Section III.E early site permit, design certification,
the NRC may impose additional of appendices A, B, and C to part 52. and combined license processes. The
requirements on siting, safety features, The NRC is also proposing to add NRC believes that its review of a
or operational conditions for the definitions of the terms design combined license application that
prototype plant to compensate for any characteristics, design parameters, site references an early site permit will
uncertainties associated with the characteristics, and site parameters to involve a comparison to ensure that the
performance of the new or innovative § 52.1 to clarify the use of these terms. actual characteristics of the design
safety features in the prototype plant. Design characteristics are defined as the chosen by the combined license
Although the NRC stated that it favors actual features of a reactor or reactors. applicant fall within the design
the use of prototypical demonstration Design characteristics are specified in a parameters specified in the early site
facilities and that prototype testing is standard design approval, a standard permit. Commission review of a
likely to be required for certification of design certification, or a combined combined license application that
advanced non-light-water designs (see license application. Design parameters references a design certification will
Policy Statement at 51 FR 24646; July 8, are defined as the postulated features of involve a comparison to ensure that the
1986, and Section II of the final rule (54 a reactor or reactors that could be built actual characteristics of the site chosen
FR 15372; April 18, 1989) on 10 CFR at a proposed site. Design parameters by the combined license applicant fall
part 52), this revised proposed rule are specified in an early site permit. Site within the site parameters in the design
would not require the use of a prototype characteristics are defined as the actual certification. Similarly, if a combined
plant for qualification testing. Rather, physical, environmental and license applicant references both an
this proposed rule would provide that if demographic features of a site. Site early site permit and a design
a prototype plant is used to qualify an characteristics are specified in an early certification, the NRC will review the
advanced reactor design, then site permit or in a final safety analysis application to ensure that the site
additional requirements may be report for a combined license. Site characteristics in the early site permit
required for licensing the prototype parameters are defined as the postulated fall within the site parameters in the
plant to compensate for any physical, environmental and referenced design certification and that
uncertainties with the unproven safety demographic features of an assumed the actual characteristics of the certified
features. Also, the prototype plant could site. Site parameters are specified in a design fall within the design parameters
be used for commercial operation. standard design approval, standard in the early site permit. For these
Finally, it would be inconsistent for the design certification, or a manufacturing reasons, the NRC believes it is important
NRC to require qualification testing only license. to clarify the use of these terms and
for design certification applications In addition, the NRC has revised their applicability to the part 52
(paper designs) and not require testing § 52.79 to include a requirement that a licensing processes.
for applications to build and operate an combined license application
actual nuclear power plant. Therefore, referencing a certified design must 2. Issuance of Combined and
the NRC proposes to amend the current contain information sufficient to Manufacturing Licenses (§§ 52.97 and
§§ 50.43, 52.47(b), 52.79, and appendix demonstrate that the design of the 52.163)
M to part 52 to implement its intent in facility falls within the site Current § 50.50 sets forth the NRC’s
adopting part 52 and its policy on characteristics and design parameters authority to include conditions and
advanced reactors that it is necessary to specified in the early site permit. limitations in permits and licenses
demonstrate the performance of new or Section 52.79 already contains a issued by the NRC under part 50.
innovative safety features through requirement that a combined license Similar language delineating the NRC’s
design qualification testing for all application referencing an early site authority in this regard is also set forth
in § 52.24 for early site permits, but is licenses issued under Section 103 of the conforming changes to those
not included in part 52 with respect to AEA. requirements. As a result of this effort,
either combined licenses or The addition of proposed § 52.0(b) the NRC proposes to add new § 52.0(b)
manufacturing licenses. There are two stems from the July 3, 2003 (68 FR which makes it clear that the regulations
possible ways of addressing this 40026) proposed rule. In that proposed in 10 CFR Chapter 1 apply to a holder
omission: § 50.50 could be revised to rule, the NRC proposed a new § 52.5 of, or applicant for an approval,
refer to combined licenses and listing all of the licensing provisions in certification, permit, or license issued
manufacturing licenses, or provisions 10 CFR part 50 that also apply to all of under part 52 and that any license,
analogous to § 50.50 could be added to the licensing processes in 10 CFR part approval, certification, or permit, issued
the appropriate sections in part 52 for 52. This proposed change was in under 10 CFR part 52 must comply with
combined licenses and manufacturing response to a letter dated November 13, these regulations.
licenses. Inasmuch as the NRC’s 2001, from the Nuclear Energy Institute b. Section 52.1, Definitions. The NRC
inclusion of appropriate conditions in (NEI) that stated: proposes to amend § 52.1 by adding the
combined licenses is not a technical The industry proposes that additional definitions for decommission, license,
matter per se but rather a matter of General Provisions be added to Part 52 in licensee, manufacturing license,
regulatory authority, the most addition to an appropriate provision on modular design, prototype plant, and
appropriate location for this provision Written Communications. This approach is standard design approval. The
appears to be in part 52. Inclusion of preferable to including cross-references in definition of decommission from 10 CFR
Part 52 to Part 50 general provisions because part 50 would be added to 10 CFR part
these provisions in appropriate portions these provisions typically must be tailored to
of part 52 would be consistent with the 52 because the NRC is proposing that
apply appropriately to the variety of
provision applicable to early site licensing processes in Part 52.
part 52 address decommissioning of
permits in § 52.24. Accordingly, the nuclear power facilities with combined
The purpose of the amendment licenses. The definitions of license and
NRC proposes to add the language in proposed in 2003 was to clarify that
§§ 52.97(d) for combined licenses, and licensee are consistent with the
these 10 CFR part 50 provisions are definitions of the same terms that the
52.163 for manufacturing licenses, applicable to the licensing processes
which are analogous to § 50.50. NRC is proposing in 10 CFR parts 2 and
that were formerly in 10 CFR part 50 50. Definitions of manufacturing license
3. General Provisions (appendices M, N, O, and Q) and are and standard design approval would be
now in 10 CFR part 52, as well as to the added so that each of the part 52 license
a. Section 52.0, Scope; applicability of
new licensing processes for early site types are defined in this section.
10 CFR Chapter 1 provisions. The NRC
permits, standard design certifications, The definition of modular design
proposes to redesignate current § 52.1,
and combined licenses. Although these would be added to explain the type of
Scope, as § 52.0, Scope; applicability of
provisions in 10 CFR part 50 did not modular reactor design to which the
10 CFR Chapter 1 provisions. In refer to the additional licensing
proposed § 52.0, paragraph (a) consists NRC intended to refer to in the second
processes in 10 CFR part 52, the new sentence of the current § 52.103(g). This
of current § 52.1 on the scope of part 52, § 52.5 was proposed to make it clear that
and paragraph (b) addresses the special provision for modular designs
a holder of or applicant for an approval, would be added to part 52 to facilitate
applicability of 10 CFR Chapter 1 certification, permit, or license issued
provisions. Currently § 52.1 states that the licensing of nuclear plants, such as
under 10 CFR part 52 must comply with the Modular High Temperature Gas-
part 52 governs the issuance of early site all requirements in these provisions that
permits, standard design certifications, Cooled Reactor (MHTGR) and Power
are otherwise applicable to applicants or Reactor Innovative Small Module
and combined licenses for nuclear licensees under 10 CFR part 50. In (PRISM) designs, that consisted of 3 or
power facilities licensed under Section preparing the revised proposed rule, the 4 nuclear reactors in a single power
103 or 104b of the Atomic Energy Act NRC has taken into account the block with a shared power conversion
of 1954 (AEA), as amended (68 Stat. comments it received on the 2003 system. During the period that the
919), and Title II of the Energy proposed rule which indicated that the power block is under construction, the
Reorganization Act of 1974 (88 Stat. previous change to add § 52.5 was NRC could separately authorize
1242). In proposed § 52.0(a), the NRC overly broad and would impose operation for each nuclear reactor when
proposes to revise this provision to burdensome and seemingly each reactor and all of its necessary
include standard design approvals and inappropriate new requirements on support systems were completed. The
manufacturing licenses within the scope applicants for design certifications that NRC believes that the term modular
of part 52 and to restrict licenses issued were not warranted for entities that design needs to be defined to aid future
under part 52 to those issued under were neither constructing nor operating use of the current § 52.103(g) by
Section 103 of the AEA. After passage a reactor. distinguishing the intended definition
of the 1970 amendments to the AEA, all The NRC agrees that the amendment from other definitions for modular
licenses for commercial nuclear power proposed in 2003 was not sufficiently design that may be used within the
plants with construction permits issued detailed to make it clear which of the nuclear industry.
after the date of the amendments were part 50 provisions applied to each of the The NRC proposes to add a definition
required to be issued as Section 103 part 52 licensing processes. The NRC for prototype plant to explain the type
licenses. The NRC interprets the 1970 has concluded that the most effective of nuclear power plant that the NRC
amendment as requiring combined solution to this problem is to make intended in the current § 52.47(b), and
licenses under section 185 to be issued conforming changes to all of the in the proposed §§ 50.43, 52.47, 52.79,
as section 103 licenses.1 Accordingly, regulations in 10 CFR Chapter 1 that are and 52.157. A prototype plant is a
the NRC proposes to revise the scope of applicable to the part 52 licensing licensed nuclear reactor test facility that
part 52 to limit its applicability to processes. Accordingly, the NRC has is similar to and representative of either
1 This may be an academic distinction, in light of
reviewed all of 10 CFR Chapter 1 to the first-of-a-kind or standard nuclear
the Energy Policy Act of 2005, Pub. L. 109–58,
identify requirements that apply to one plant design in all features and size, but
which removed the need for antitrust reviews of or more of the licensing processes in 10 may have additional safety features. The
new utilization facilities. CFR part 52 and is proposing purpose of the prototype plant is to
perform testing of new or innovative The Commission proposes to add The Commission proposes to add
safety features for the first-of-a-kind § 52.7, which is essentially identical § 52.10 because there is no specific
nuclear plant design, as well as being with current § 50.12, to address the provision in part 52 that applies to part
used as a commercial nuclear power procedure and criteria for obtaining an 52 processes the Commission’s
facility. exemption from the requirements of part longstanding determination with respect
c. Section 52.2, Interpretations; and 52. Although part 50 contains a to the lack of need for design features
Section 52.4, Deliberate misconduct. provision (§ 50.12) for obtaining specific and other measures for protection of
The current section on interpretations in exemptions, § 50.12 by its terms applies nuclear power plants against attacks by
§ 52.5 is retained and redesignated as only to exemptions from part 50. enemies of the United States, or the use
§ 52.2 and the current section on Although it would be possible to revise of weapons deployed by United States
deliberate misconduct in § 52.9 is § 50.12 so that its provisions apply to defense activities. That determination,
retained and redesignated as § 52.4. exemptions from part 52, this is which was upheld by the U.S. Court of
d. Section 52.3, Written inconsistent with the general regulatory Appeals for the D.C. Circuit, see Siegel
communications; Section 52.5, structure of 10 CFR, wherein each part v. Atomic Energy Commission, 400 F.2d
Employee protection; Section 52.6, is treated as a separate and independent 778 (D.C. Cir 1968), is currently codified
Completeness and accuracy of regulatory unit. The NRC notes that the for part 50 facilities in § 50.13. Although
information; Section 52.7, Specific exemption provisions in § 52.7 are it would be possible to revise § 50.13 so
exemptions; Section 52.8, Combining generally applicable to part 52, and do that its provisions apply to part 52
licenses; Section 52.9, Jurisdictional not supercede or otherwise diminish licenses, early site permits, standard
limits; and Section 52.10, Attacks and more specific exemption provisions that design certifications, and standard
destructive acts. The NRC proposes to are in part 52, for example the design approvals, this is inconsistent
clarify the regulatory structure of part 52 provisions of a specific design with the overall regulatory pattern of 10
by proposing to add new §§ 52.3, certification rule or § 52.63(b)(1) CFR, whereby each part is treated as a
Written communications; 52.5, governing exemptions from one or more separate and independent regulatory
Employee protection; 52.6, elements of a design certification rule. unit. Moreover, any changes to § 50.13
Completeness and accuracy of An applicant or licensee referencing a may erroneously be viewed as changes
information; 52.7, Specific exemptions; standard design certification rule who to the Commission’s substantive
52.8, Combining licenses; 52.9, wishes to obtain an exemption with determination on this matter.
regard to design certification For these reasons, the Commission is
Jurisdictional limits; and 52.10, Attacks
information must meet the criteria in proposing to add § 52.10, which is
and destructive acts. The Commission
the specific design certification rule or essentially identical with § 50.13.
proposes to add § 52.3, Written
§ 52.63(b)(1), as applicable. If the Inclusion of this provision in part 52
communications, which is essentially
applicant or licensee seeks an would make clear that combined
identical with the current § 50.4, to
exemption from other provisions of licenses, manufacturing licenses, design
address the requirements for
Subpart B or other provisions of a certification rulemakings, standard
correspondence, reports, applications,
particular standard design certification design approvals, and amendments to
and other written communications from
rule, then it may request an exemption these licenses, rulemakings, and
applicants, licensees, or holders of a
under the more encompassing authority approvals under part 52—as with
standard design approval to the NRC licenses issued under part 50—need not
of § 52.7. The exemption request must
concerning the regulations in part 52. provide design features or other
then demonstrate compliance with the
The Commission proposes to add additional criteria in § 52.7. measures for protection of nuclear
§ 52.5, to address discrimination against The NRC proposes to add § 52.8, power plants against attacks by enemies
an employee for engaging in certain which is essentially identical with the of the United States, or the use of
protected activities concerning the current § 50.31, to clarify the weapons deployed by United States
regulations in part 52. Accordingly, the Commission’s authority under Section defense activities. In adding § 52.10, the
Commission proposes to add § 52.5, 161.h of the AEA to combine NRC Commission emphasizes that it is not
which is essentially identical with the licenses, such as a special nuclear changing in any way, nor is it intending
current § 50.7, with the exception of the materials license under part 70 for the to revisit in this rulemaking, the
addition of a provision on coordination reactor fuel, with a combined license Commission’s determination with
with the requirements in 10 CFR part under part 52. Although § 50.31 respect to the lack of need for design
19. contains a provision allowing a part 50 features or other measures for protection
The Commission proposes to add license, such as an operating license, to of nuclear power plants against attacks
§ 52.6, which is identical with the be combined with a part 52 license, by enemies of the United States, or the
current § 50.9, to require that such as an early site permit, § 50.31 use of weapons deployed by United
information provided to the does not address the Commission’s States defense activities. The
Commission by a licensee, a holder of authority to combine a part 52 license Commission is simply making it clear
a standard design approval, and an with a non-part 50 license. that its longstanding determination
applicant under part 52, and The Commission proposes to add applies to applications under part 52
information required by statute or by the § 52.9, which is identical with § 50.53, just as it applies to applications under
NRC’s regulations, orders, or license to clarify that NRC licenses issued part 50.
conditions to be maintained by a under part 52 do not authorize activities
licensee, holder of a standard design which are not under or within the 4. Subpart A, Early Site Permits
approval, and applicant under part 52 jurisdiction of the United States; an a. Emergency Preparedness
(including the applicant for a standard example would be the construction of a Requirements for Early Site Permit
design certification under part 52 nuclear power reactor outside the Applicants. The NRC proposes to
following Commission adoption of a territorial jurisdiction of the United amend §§ 52.17(b), 52.18, and 52.39 to
final design certification rule) be States which uses a design identical to address changes to emergency
complete and accurate in all material that approved in a standard design preparedness requirements for early site
respects. certification rule in part 52. permit applicants. The NRC proposes to
amend § 52.17(b)(1), which requires that subpart C of part 52 regarding the approval of the site will resolve issues
an early site permit application identify review of emergency plans at the early with respect to the actual plant or plants
physical characteristics unique to the site permit stage. The NRC believes that that the early site permit or construction
proposed site that could pose a its review of complete and integrated permit applicant decides to build. In a
significant impediment to the plans included in an early site permit letter dated November 13, 2001
development of emergency plans. The application should be no different than (comment 27 on draft proposed rule
NRC proposes to add a sentence to its review of emergency plans submitted text), NEI stated, ‘‘The proposed change
require that, if physical characteristics in a combined license application, given is too limited. To address the required
that could pose a significant that the NRC must make the same assessment of major SSCs [structures,
impediment to the development of findings in both cases, namely, that the systems, and components] that bear on
emergency plans are identified, the plans submitted by the applicant radiological consequences and all items
application must identify measures that provide reasonable assurance that 52.17(a)(1)(i–viii), industry recommends
would, when implemented, mitigate or adequate protective measures can and a new § 52.17a.2.’’ The NRC disagrees
eliminate the significant impediment. will be taken in the event of a with NEI’s proposal to have a separate
The NRC believes this addition is radiological emergency. The NRC will provision for applicants who have not
necessary to clarify the NRC’s not be able to make the required finding determined the type of plant that they
expectations in cases where a physical without the inclusion of proposed plan to build at the proposed site. The
characteristic exists that could pose a inspections, tests, analyses, and NRC expects that applicants for an early
significant impediment to the acceptance criteria in an early site site permit may not have decided on a
development of emergency plans. permit application that includes particular type of nuclear power plant,
Simply identifying these physical complete and integrated emergency therefore, § 52.17(a)(1) was revised to
characteristics alone does not provide plans. address this situation.
the NRC with enough information to b. Section 52.13, Relationship to other
The NRC proposes to amend
determine if these characteristics are subparts. The NRC proposes to retitle
§ 52.17(a)(1) to eliminate all references
likely to pose a significant impediment § 52.13 from ‘‘Relationship to subpart F
to § 50.34. The references to
to the development of emergency plans. of 10 CFR part 2 and appendix Q of this
§ 50.34(a)(12) and (b)(10) would be
Similarly, the Commission proposes to part,’’ to ‘‘Relationship to other
removed because these provisions
amend § 52.18 to require that the subparts,’’ to reflect the revised scope of
require compliance with the earthquake
Commission determine whether the this section, which has been refocused
on part 52. The reference to Appendix engineering criteria in appendix S to
information required of the applicant by part 50 and are not requirements for the
§ 52.17(b)(1) shows that there is no Q and part 2 are no longer needed,
consistent with the Commission’s content of an application. The reference
significant impediment to the to § 50.34(b)(6)(v), which requires plans
development of emergency plans that decision (discussed earlier in section II)
to remove Appendix Q from part 52. for coping with emergencies, would also
cannot be mitigated or eliminated by be removed. All requirements related to
c. Section 52.16, Contents of
measures proposed by the applicant emergency planning for early site
applications; general information and
[emphasis added]. permits are addressed in § 52.17(b).
Section 52.17, Contents of applications;
The NRC proposes to amend technical information. The NRC Finally, the reference to the radiological
§§ 52.17(b)(2)(i), 52.17(b)(2)(ii), and proposes to add § 52.16 to include the consequence evaluation factors
52.18 to clarify that any emergency general content requirements from identified in § 50.34(a)(1) would be
plans or major features of emergency § 52.17(a)(1). removed and restated in § 52.17(a)(1).
plans proposed by early site permit The title of § 52.17 would be revised The NRC is proposing to modify the
applicants must be in accordance with to read, ‘‘Contents of applications; existing requirement for early site
the applicable standards of 10 CFR technical information,’’ Section permit applications to describe the
50.47 and the requirements of appendix 52.17(a)(1) would be amended to state seismic, meteorological, hydrologic, and
E to part 50. These changes would that the early site permit application geologic characteristics of the proposed
clarify the standards applicable to should specify the range of facilities for site to add that these descriptions must
emergency preparedness information which the applicant is requesting site reflect appropriate consideration of the
supplied with an early site permit approval (e.g., one, two, or three most severe of the natural phenomena
application. In addition, the pressurized-water reactors). This new that have been historically reported for
Commission proposes to add new language, which is consistent with the the site and surrounding area and with
§ 52.17(b)(3) to require that any language in paragraph 2 of current sufficient margin for the limited
complete and integrated emergency appendix Q to part 52, provides a accuracy, quantity, and time in which
plans submitted for review in an early clearer and more complete statement of the historical data have been
site permit application must include the the applicant’s proposal with respect to accumulated. This proposed addition is
proposed inspections, tests, and the facilities which may be located to ensure that future plants built at the
analyses that the holder of a combined under the early site permit. This site would be in compliance with
license referencing the early site permit facilitates NRC review, as well as General Design Criterion 2 from
shall perform, and the acceptance providing adequate notice to appendix A to part 50 which requires
criteria that are necessary and sufficient potentially-affected members of the that structures, systems, and
to provide reasonable assurance that, if public and State and local governmental components important to safety be
the inspections, tests, and analyses are entities. The NRC assumes that an designed to withstand the effects of
performed and the acceptance criteria applicant for an early site permit may natural phenomena such as earthquakes,
met, the facility has been constructed not know what type of nuclear plant tornadoes, hurricanes, floods, tsunami,
and would operate in conformity with may be built at the site. Therefore, the and seiches without loss of capability to
the license, the provisions of the AEA, application must specify the postulated perform their safety functions. The
and the NRC’s regulations. The NRC is design parameters for the range of design bases for these structures,
proposing these amendments for reactor types, the numbers of reactors, systems, and components are required
consistency with the requirements in etc., to increase the likelihood that to reflect appropriate consideration of
the most severe of the natural in a referencing combined license proceeding is focused on an appropriate site,
phenomena that have been historically proceeding). Section 52.17(a)(1)(xiii) not the actual construction of a reactor. Thus,
reported for the site and surrounding would require that early site permit boards must merely weigh and compare
area, with sufficient margin for the applications include an evaluation of alternative sites, not other types of
alternatives (such as alternative energy
limited accuracy, quantity, and time in the site against the applicable sections sources).
which the historical data have been of the Standard Review Plan revision in
accumulated. effect 6 months before the docket date Id. at 48 (citations omitted).
The NRC proposes to add several of the application. This requirement Accordingly, the NRC believes that
requirements to § 52.17(a)(1). A currently exists for applicants for § 52.17(a)(2) already provides the early
requirement would be added to construction permits, operating licenses, site permit applicant the flexibility of
§ 52.17(a)(1)(xi) that applications for design certifications, design approvals, choosing to defer consideration of
early site permits include information to combined licenses, and manufacturing alternative energy sources to the time
demonstrate that adequate security licenses. The NRC believes it should that the early site permit is referenced
plans and measures can be developed. also be applicable to applicants for early in a combined license or a construction
This requirement is inherent in current site permits because they are partial permit application. The proposed rule
§ 52.17(a)(1) which states that site construction permits that can be would clarify that the early site permit
characteristics must comply with 10 referenced in applications for applicant may either include a
CFR part 100. Section 100.21(f) states construction permits or combined discussion of alternative energy sources
that site characteristics must be such licenses. in its environmental report, or defer
that adequate security plans and The NRC would amend § 52.17(a)(2) consideration of the matter. The NRC
measures can be developed. A new to clarify that an early site permit proposes a conforming amendment to
§ 52.17(a)(1)(xii) would be added to applicant has the flexibility of either §§ 52.18 and 52.21 to clarify that the
require early site permit applications to addressing the matter of alternative NRC’s EIS need not address the need for
include a description of the quality energy sources in the environmental power or alternative energy sources (and
assurance program applied to site report supporting its early site permit therefore these matters may not be
activities related to the future design, application, or deferring consideration litigated) if the early site permit
fabrication, construction, and testing of of alternative energy sources to the time applicant chooses not to address these
the structures, systems, and components that the early site permit is referenced matters in its environmental report. The
of a facility or facilities that may be in a licensing application. The NRC environmental report and EIS for an
constructed on the site. This proposed believes the current regulations already early site permit must address the
change was made for consistency with afford the early site permit applicant benefits associated with issuance of the
proposed changes to § 50.55 and such flexibility, inasmuch as early site permit (e.g., early resolution of
appendix B to part 50. A discussion of § 52.17(a)(2) states that the siting issues, early resolution of issues
these changes can be found in this environmental report submitted in on the environmental impacts of
section under the heading ‘‘Appendix B support of an early site permit construction and operation of a
to Part 50.’’ application must ‘‘focus on the reactor(s) that fall within the site
Two additional requirements would environmental effects of construction characteristics, and ability of potential
be added § 52.17(a)(1) that are taken and operation of a reactor, or reactors nuclear power plant licensees to ‘‘bank’’
from § 50.34(b), and which the NRC * * *.’’ The environmental report’s sites on which nuclear power plants
believes are applicable to early site discussion of alternative energy sources
could be located without obtaining a
permit applicants. Section does not, per se, address the
full construction permit or combined
52.17(a)(1)(xii) would require applicants ‘‘environmental effects of construction
proposing to site nuclear power plants license). The benefits (and impacts) of
and operation of a reactor,’’ which is
on sites which already have on them issuing an early site permit must always
one of the matters which must be
one or more licensed units to include in be addressed in the environmental
addressed in an environmental impact
its application an evaluation of the report and EIS for an early site permit,
statement (EIS). [See 10 CFR 51.71(d);
potential hazards of construction regardless of whether the early site
National Environmental Policy Act of
activities to the structures, systems, and permit applicant chooses to defer, under
1969 (NEPA), Sec. 102(2)(C)(i), (ii), and
components important to safety of § 52.17(a)(2), consideration of the
(v).] Rather, alternative energy sources
operating units, as well as a description benefits associated with the
constitute part of the discussion of
of the managerial and administrative construction and operation of a nuclear
reasonable alternatives to the proposed
controls to be used to provide assurance power plant that may be located at the
action, which is required by Sec.
that the limiting conditions for early site permit site. This is because the
102(2)(C)(iii) of NEPA. [See 10 CFR
operation of the existing units are not ‘‘benefits * * * of the proposed action’’
51.71(e) n.4; 46 FR 39440 (August 3,
exceeded as a result of construction for which the discussion may be
1981) (proposed rule that would
activities. This requirement currently deferred under §§ 52.17(a)(2), are the
eliminate consideration of need for
exists for applicants for construction benefits associated with the
power and alternative energy sources at
permits, operating licenses, and construction and operation of a nuclear
operating license stage), at 39441 (first
combined licenses. The NRC believes it power plant that may be located at the
column) (final rule published March 26,
should also be applicable to applicants early site permit site; the benefits which
1982; 47 FR 12940)]. See Exelon
for early site permits so that all may be deferred under § 52.17(a)(2) are
Generation Company, LLC et al., CLI–
applicable issues are included in the entirely separate from the benefits of
05–17, 62 NRC 5, where the
NRC’s review of site suitability before a issuing an early site permit. The
Commission ruled that:

decision is made on issuance of an early proposed action of issuing an early site
[T]he ‘‘reasonable alternatives’’ issue does permit is not the same as the ‘‘proposed
site permit, including issues that affect
not apply with full force to ESP (or ‘‘partial’’ action’’ of constructing and operating a
units already operating on the site (if construction permit) cases. At the ESP stage
this matter is addressed and resolved in of the construction permit process, the
nuclear power plant for which the
an early site permit, this matter would boards’ ‘‘reasonable alternatives’’ discussion of benefits (including need
have finality and need not be addressed responsibilities are limited because the for power) may be deferred under
§ 52.17(a)(2).2 With this clarification, paragraph (a)(2)(iii) of the current early site permit should be modified,’’
the NRC does not believe that further regulations, which also refers to ‘‘site which are to be processed in accordance
changes to the language of §§ 52.17 and parameters’’ (corrected to ‘‘site with 10 CFR 2.206(a)(2)(iii). With the
52.18 are necessary. characteristics’’ in the proposed rule) benefit of hindsight and experience
The NRC would amend § 52.17(c) to and ‘‘terms and conditions.’’ Section gained in reviewing the first three early
clarify that if the applicant wants to 52.24(c) would be added to require that site permit applications, the NRC
request authorization to perform limited the early site permit state the activities believes that all issues concerning a
work activities at the site after receipt of that the permit holder is authorized to referenced early site permit may be
the early site permit, the application perform at the site. This change would characterized as:
must contain an identification and be consistent with the revision to (1) Questions regarding whether the
description of the specific activities that § 52.17(c) where the applicant must site characteristics, design parameters,
the applicant seeks authorization to specify the activities that it is requesting or terms and conditions specified in the
perform. This request by the early site authorization to perform at the site early site permit have been met;
permit applicant would be separate under § 50.10(e)(1). (2) Questions regarding whether the
from but not in addition to a request to e. Section 52.28, Transfer of early site early site permit should be modified,
perform activities under 10 CFR permit. Section 52.28 would be added to suspended, or revoked; or
50.10(e)(1). The submittal of this state that transfer of an early site permit (3) Significant new emergency
descriptive information would enable from its existing holder to a new preparedness or environmental
the NRC staff to perform its review of applicant would be processed under information not considered on the early
the request, consistent with past § 50.80, which contains provisions for site permit.
practice, to determine if the requested transfer of licenses. In a letter dated Questions about the referencing
activities are acceptable under November 13, 2001 (comment 19 on application demonstrating compliance
§ 50.10(e)(1). If an applicant for a draft proposed rule text), the Nuclear with the early site permit are
construction permit or combined license Energy Institute recommended that a fundamentally questions of compliance
references an early site permit with new section be added to part 52 to with the early site permit. They do not
authorization to perform limited work clarify the process for transfer of an attack the underlying validity of the
activities at the site and subsequently early site permit. The NRC has permit. For example, if a person
decides to request authorization to determined that a new section is not questions whether the design
perform activities beyond those necessary because an early site permit is characteristics of the nuclear power
authorized under § 52.24(c), those a partial construction permit and, facility that the referencing applicant
additional activities would have to be therefore, is considered to be a license proposes to construct on the site falls
requested separately under § 50.10(e)(1). under the AEA. The NRC believes that within the design parameters specified
d. Section 52.24, Issuance of early site the procedures and criteria for transfer in the early site permit, it is a matter of
permit. The Commission proposes to of utilization facility licenses in 10 CFR compliance with the early site permit.
amend § 52.24 to clarify the information 50.80 (and the procedures in subpart M These compliance matters are specific to
that the NRC must include in the early of part 2 for the conduct of any hearing) the proceeding for the referencing
site permit when it is issued. Section should apply to the transfer of an early application, and the NRC concludes that
52.24 would also be amended to be site permit. any question about whether the
more consistent with the parallel f. Section 52.37, Reporting of defects referencing application complies with
provision in § 50.50, Issuance of and noncompliance; revocation, the early site permit should be regarded
licenses and construction permits, by suspension, modification of permits for as a question material to the proceeding
requiring the NRC to ensure that there cause. Section 52.37 would be removed and admissible as a contention in the
is reasonable assurance that the site is because this provision only contains a referencing application proceeding
in conformity with the provisions of the cross-reference to 10 CFR part 21 and (assuming that all relevant Commission
AEA, and the NRC’s regulations; that § 50.100, and the NRC is proposing requirements in 10 CFR part 2 such as
the applicant is technically qualified to conforming changes to those standing and admissibility are met).
engage in any activities authorized; and requirements to account for The NRC also regards new emergency
that issuance of the permit will not be requirements for early site permits. preparedness information submitted in
inimical to the common defense and g. Section 52.39, Finality of early site the referencing application which
security or to the health and safety of determinations; and Section 52.93, materially changes the Commission’s
the public. Exemptions and variances. Section determination on emergency
Section 52.24 would be amended to 52.39 would be revised to address the preparedness matters as an issue
provide that the early site permit must finality of an early site permit. While material to the proceeding and
state the site characteristics and design some of the proposed changes are admissible as a contention in the
parameters, as well as the ‘‘terms and conforming or clarifying, some proposed referencing application proceeding. Any
conditions,’’ of the early site permit, changes represent a change from the significant environmental issue material
rather than the ‘‘conditions and finality provisions in the current to the combined license application
limitations’’ as is currently provided. § 52.39. Paragraph (a)(2) of the current which was not considered in the early
The change would provide consistency rule distinguishes among issues alleging site permit proceeding is also subject to
with § 52.39(a)(2), and in particular that: (i) A ‘‘reactor does not fit within litigation during the proceeding on the
one or more of the site parameters,’’ referencing application to the extent the
2 The NRC emphasizes that under § 52.17(a)(2),
which are to be treated as valid issue differs from issues discussed or
only the discussion of benefits (including need for contentions (paragraph (a)(2)(i)); (ii) a reflects significant new information.
power) of constructing and operating a nuclear

power reactor (or reactors), and the discussion of ‘‘site is not in compliance with the Because new emergency planning or
alternative energy sources, may be deferred. The terms of an early site permit,’’ which are environmental information, if any, will
environmental report must always address the to be subject to hearings under the be identified only at the time a license
‘‘environmental impacts of construction and
operation of a reactor, or reactors, which have
provisions of the Administrative application referencing the early site
characteristics which fall within the postulated site Procedure Act (paragraph (a)(2)(ii)); and permit is submitted to the NRC, the NRC
parameters.’’ (iii) the ‘‘terms and conditions of an believes it is appropriate to address
these issues in the proceeding on the ‘‘terms and conditions’’ of an early site application. Matters regarding
referencing application. permit for the current term, compliance with the early site permit
Other questions regarding whether the ‘‘requirements.’’ Under the proposed which would be potentially valid
permit should be modified, suspended, language, the NRC may not change or subjects of contention under the
or revoked will be challenges to the impose new site characteristics, design proposed rule are listed in
validity of the early site permit. These parameters, or terms and conditions on §§ 52.39(c)(1)(i) through (iii), e.g.,
challenges may be framed in many the early site permit, including whether the reactor proposed to be built
different ways, e.g., a Commission error emergency planning requirements, under the referencing application fits
committed at the time of issuance (i.e., unless the special backfitting criteria in within the site characteristics and
Commission failure to consider relevant § 52.39(a)(1) are satisfied. No design parameters specified in the early
information known and available at the substantive change is intended by this site permit; whether one or more of the
time of issuance); or actual changes to clarification; the proposed language terms and conditions of the early site
the site have occurred since issuance of would specify more clearly the broad permit have been met; and whether a
the permit that render some aspect of scope of matters in an early site permit variance requested by the referencing
the permit irrelevant or inadequate to which the NRC intended to finalize. The applicant is unwarranted or should be
protect public health and safety or phrase, ‘‘site characteristics, or terms, or modified. Matters regarding significant
common defense and security. The conditions, including emergency new emergency preparedness or
Commission’s process for challenges to planning requirements,’’ would be used environmental information material to
the validity of a license is contained in consistently throughout § 52.39 and the combined license proceeding, which
10 CFR 2.206. Accordingly, the corresponding provisions in the would be potentially valid subjects of
Commission concludes that challenges proposed revision to § 52.79. contention under the proposed rule, are
to the validity of an early site permit Section 52.39(a)(2) would describe listed in §§ 52.39(c)(1)(iv) and (v).
should be processed in accordance with how the NRC would treat matters Other matters, including changes to
§ 2.206. In the Commission’s view, a resolved in the early site permit the site characteristics, design
variance is not fundamentally a proceeding in subsequent proceedings parameters, or terms and conditions of
challenge to the validity of the early site on applications referencing the early the early site permit, would be treated
permit, because it requests dispensation site permit, and is drawn from the under proposed § 52.39(c)(2) as
from compliance with some aspect of current language of § 52.39(a)(2). In challenges to the permit and processed
the permit whose validity remains addition, under the last sentence of in accordance with § 2.206. The
undisputed. Therefore, the Commission proposed § 52.39(a)(2), the NRC would proposed rule would retain the current
concludes that variances should be finalize changes to an early site permit’s provision in § 52.39(a)(2)(iii) requiring
treated as proceeding-specific issues of emergency plan (or major features of it, that the Commission consider a petition
compliance that are potentially valid as contemplated under § 52.17(b)(2)) filed under § 2.206, and determine
subjects of a contention in a proceeding that are made after the issuance of the whether immediate action is required
for a referencing application. early site permit, but only if (1) the before construction commences, as well
The proposed revisions to § 52.39 are approved early site permit’s emergency as the current provision indicating that
in agreement with these Commission plan (or major feature) is based upon an if a petition is granted, the Commission
conclusions. Section 52.39 would be emergency plan in use by a licensee of will issue an appropriate order which
divided into five paragraphs addressing a nuclear power plant; (2) the changes does not affect construction unless the
different aspects of early site permit to the early site permit emergency plan Commission makes its order
finality; each paragraph is provided are identical to the changes in the immediately effective.
with a subtitle characterizing the subject referenced licensee’s plan; and (3) the The proposed rule would redesignate
matter addressed in that paragraph. changes in the referenced licensee the current provision in § 52.39(b)
Section 52.39(a) focuses on how the emergency plan are in compliance with allowing an applicant for a license
NRC accords finality to an early site § 50.54(q). The Commission’s proposal referencing an early site permit to
permit, with § 52.39(a)(1) setting forth is premised on the view that changes to request a variance from one of more
the circumstances under which the NRC emergency plans which are properly ‘‘elements’’ of the early site permit as
may modify an early site permit. The implemented under § 50.54(q) do not § 52.39(d). The proposed rule would
proposed rule language is based upon require NRC review and approval before clarify ‘‘elements’’ for which a variance
the existing regulation, but adds an implementation. Therefore, by analogy, may be sought by substituting the
additional circumstance. Section similar changes to an early site permit’s phrase, ‘‘site characteristic, design
52.39(a)(1)(iii) would provide that the emergency preparedness plan made parameter, term, or condition.’’ The
NRC may modify the early site permit with similar controls should not require Commission notes that the admission of
if it determines a modification is NRC review and approval as part of the a contention on a proposed variance,
necessary based on an update to the licensing process. Any issues with which is currently addressed in
emergency preparedness information compliance with § 50.54(q) should be § 52.39(b), would now be addressed in
under § 52.39(b). Section 52.39(a)(1)(iv) treated as an enforcement matter. § 52.39(c)(iii) of the proposed rule.
would provide that the NRC may Section 52.39(b) is discussed Finally, the proposed rule would
modify the early site permit if a variance separately under Section IV.C.6.a of this preclude the Commission from issuing a
is issued under proposed § 52.39(d) document, which discusses emergency variance once a construction permit,
(paragraph (b) in the current preparedness requirements for a operating license, or combined license
regulations); the NRC considers this a combined license applicant referencing referencing the early site permit is
conforming change inasmuch as the an early site permit. issued; any changes that would
current regulation provides for issuance Section 52.39(c) would replace the otherwise require a variance should
of variances. current criteria in §§ 52.39(a)(2)(i) instead be treated as an amendment to
The NRC proposes to clarify what through (iii), governing how the NRC the combined license.
aspects of the early site permit are would treat various issues with respect Finally, the Commission proposes to
subject to the change restrictions in to the early site permits and its add a new paragraph (e) to the ‘‘finality’’
§ 52.39(a)(1) by substituting the phrase, referencing in a combined license section in each subpart of part 52,
including § 52.39, entitled ‘‘Information certification applications. This section (ITAAC) (proposed § 52.47(b)(2)) with
requests,’’ which would delineate the would be formatted for consistency with the AEA and the requirements in the
restrictions on the NRC for information the other subparts in 10 CFR part 52 and current § 52.97(b). This clarification of
requests to the holder of the early site would replace the references to specific the current language, which was a
permit. This provision is analogous to paragraphs within §§ 50.4 and 50.30 condensed version of the language in
the current provision on information with references to subpart H of part 2. §§ 52.79(c) and 52.97(b), is intended to
requests in paragraph 8 of appendix O Specific references are no longer needed avoid any future misunderstandings.
to parts 50 and 52, and is based upon because the NRC proposes conforming The current § 52.47(b) (proposed
the language of § 50.54(f). For early site changes to §§ 50.4 and 50.30 that clarify § 52.47(c)) would be reorganized by
permits, this proposed provision would which provisions are applicable to separating the requirements on scope of
be contained in § 52.39(d), and would combined license applications. A new design and modular configuration from
require the NRC to evaluate each § 52.45(c) on design certification review the testing requirements. This is part of
information request on the holder of an fees, which are currently set forth in the NRC’s goal to set forth the
early site permit to determine that the § 52.49, is included. procedural requirements for the
burden imposed by the information d. Section 52.46, Contents of licensing processes in part 52 and the
request is justified in light of the applications; general information. A reactor safety requirements in part 50.
potential safety significance of the issue new section would be added containing As a result, the testing requirements
to be addressed in the information the appropriate general content would be relocated to § 50.43(e), and the
request. The only exceptions would be requirements from 10 CFR 50.33 as a requirements on scope of design and
for information requests seeking to conforming amendment. modular configuration would remain in
verify compliance with the current e. Section 52.47, Contents of the proposed § 52.47(c). Also, see the
licensing basis of the early site permit. applications; technical information. discussion on testing requirements for
If the request is from the NRC staff, the This section presents the requirements advanced nuclear reactors in Section
request would first have to be approved for contents of a design certification B.1 of this document.
by the Executive Director for Operations application. Section 52.47 would be f. Section 52.54, Issuance of standard
(EDO) or his or her designee. reorganized into separate provisions. design certification. Section 52.54
The requirements for the final safety would be amended to be consistent with
5. Subpart B, Standard Design analysis report (FSAR) are proposed in the parallel provisions in §§ 50.50 and
Certifications §§ 52.47(a) and 52.47(c), and the 50.57 by including requirements that,
a. Section 52.41, Scope of subpart. technical requirements for the after conducting a rulemaking
This section defines the scope of remainder of the design certification proceeding and receiving the report
subpart B of part 52. The requirements application are proposed in § 52.47(b). submitted by the ACRS, the
on scope and type of nuclear power The current § 52.47(a)(1)(i) requires the Commission determines that there is
plants that are eligible for design submittal of information required of reasonable assurance that the design
certification would be moved from the applicants for construction permits and conforms with the provisions of the
current § 52.45(a) to this section. operating licenses by parts 20, 50 AEA, and the Commission’s regulations;
b. Section 52.43, Relationship to other (including the applicable requirements that the applicant is technically
subparts. This section defines the from 10 CFR 50.34), 73, and 100, and qualified; and that issuance of the
relationship of subpart B to other which is technically relevant to the design certification will not be inimical
subparts in 10 CFR part 52. The design and not site-specific. That to the common defense and security or
proposed rule would remove the requirement would be removed and to the health and safety of the public. In
requirements currently located in replaced with the relevant requirements addition, a new § 52.54(a)(8) would be
§§ 52.43(c), 52.45(c), and 52.47(b)(2)(ii) from the regulations that describe what added to indicate that the NRC will not
because the Commission has decided must be included in an FSAR. In issue a design certification unless it
not to require a final design approval addition, the Commission proposes to finds that the design certification
(FDA) as a prerequisite for certification codify technical positions that were applicant has implemented the quality
of a standard plant design under subpart developed after part 52 was adopted by assurance program described in the
B. This requirement was included in 10 the Commission in 1989, such as the safety analysis report. This requirement
CFR part 52 because, at the time of the proposed requirement in § 52.47(a)(19) is being added to indicate the NRC’s
original rulemaking, the NRC had no requiring an explanation how relevant expectation that design certification
experience with design certification operating experience was incorporated applicants implement the QA program
applications. By requiring an FDA as a into the standard design (see SRM on that is required to be included in their
prerequisite to design certification, the SECY–90–377, dated February 15, 1991, application under § 52.47(a)(21). The
NRC indicated that the licensing ML003707892). Also, the technical NRC is also considering whether a
processes for design certifications and requirements in the regulations that are parallel requirement should be added to
FDAs were similar, even though the relevant would be revised to clearly Part 50 (e.g., in a new § 50.54a), similar
requirements for and finality of a design state their applicability to design to the requirements for QA program
certification differ from that of an FDA. certifications. In doing so, the NRC has implementation contained in proposed
The NRC now has considerable attempted to capture all relevant §§ 50.54(a) and 50.55(f). A new
experience with design certification requirements regarding contents of the § 52.54(b) would be added, consistent
reviews, and the current requirement to FSAR for a design certification with § 50.50, which states that a design
apply for an FDA as part of an application. certification shall specify the site
application for design certification is no A new § 52.47(b) would be added to parameters and design characteristics
longer needed. Future applicants have cover the required technical contents of and any additional requirements and
the option to apply for either an FDA, a design certification application that restrictions of the rule, as the
a design certification, or both. are not contained in the FSAR. The Commission deems necessary and
c. Section 52.45, Filing of proposed rule would conform the appropriate.
applications. This section presents the requirement for acceptable inspections, The Commission is proposing to
requirements for filing design tests, analyses, and acceptance criteria modify § 52.54 to require that applicants
for a design certification agree to future changes to reduce unnecessary §§ 52.63(a)(3) or 52.63(b)(1). No
withhold access to National Security regulatory burden, incorporate the substantive change is intended by the
Information from individuals until the revised § 50.59 change criteria, or amendment which merely clarifies the
requirements of 10 CFR parts 25 and/or change the certification information if original intent of the rule.
95 are met. Section 52.54 would be the change provides a reduction in
6. Subpart C, Combined Licenses
amended to include a new paragraph (c) regulatory burden and maintains
which requires that every standard protection to public health and safety a. Emergency Preparedness
design certification rule contain a and common defense and security. Requirements for a Combined License
provision stating that, after the Maintaining protection generally Applicant Referencing an Early Site
Commission has adopted the final embodies the same safety principles Permit. The Commission proposes to
design certification rule, the applicant used by the NRC in applying risk- modify current §§ 52.39 and 52.79 to
for that design certification will not informed decision-making, e.g., require a license applicant referencing
permit any individual to have access to, ensuring that adequate protection is an early site permit to update and
or any facility to possess, Restricted provided, applicable regulations are correct the emergency preparedness
Data or classified National Security met, sufficient safety margins are information provided under § 52.17(b).
Information until the individual and/or maintained, defense-in-depth is The issue of updating an early site
facility has been approved for access maintained, and that any changes in risk permit was first raised by the Illinois
under the provisions of 10 CFR parts 25 are small and consistent with the Department of Nuclear Safety, who
and/or 95. The NRC believes that this Commission’s Safety Goal Policy suggested in a September 28, 1994,
amendment, along with the proposed Statement (refer to NRC’s Regulatory letter that emergency plans and/or
changes to parts 25, 95, and 10 CFR Guide 1.174). Changes to the design offsite certifications approved as part of
50.37, are necessary to ensure that certification rules must be accomplished an early site permit review be kept up-
access to classified information is through rulemaking, with opportunity to-date throughout the duration of an
adequately controlled by all entities for public comment. Once a design early site permit and the construction
applying for NRC certifications. certification rule is changed through phase of a combined license.
g. Section 52.63, Finality of standard rulemaking, under proposed In SECY–95–090, ‘‘Emergency
design certifications. The proposed rule § 52.63(a)(2), the provisions would Planning Under 10 CFR Part 52’’ (April
would amend the special backfit apply to all applications referencing the 11, 1995), the NRC staff stated that 10
requirement in § 52.63(a)(1) to provide design certification rule as well as all CFR part 52 does not clearly require an
the Commission with the ability to make current plants referencing the design applicant referencing an early site
changes to the design certification rules certification, unless the change has been permit to submit updated information
or the certification information in the rendered ‘‘technically irrelevant’’ on changes in emergency preparedness
generic design control documents that through other action taken under information or in any emergency plans
reduce unnecessary regulatory burdens. §§ 52.63(a)(3) or (b)(1). Thus, that were approved as part of the early
Section 52.63(a)(1) currently states that standardization is maintained by site permit in accordance with § 52.18.
the Commission may not modify, ensuring that any changes to a design SECY–95–090 indicated (p. 4) that, in
rescind, or impose new requirements on certification rule intended to reduce view of the lack of industry interest in
the certification unless the change is: (1) regulatory burden are imposed upon all pursuing an early site permit, resolution
Necessary for compliance with nuclear power plants referencing the of this matter could be deferred until a
Commission regulations applicable and design certification rule. ‘‘lessons learned’’ rulemaking updating
in effect at the time the certification was Section 52.63(a)(1) would be modified 10 CFR part 52 was conducted after the
issued; or (2) necessary to provide to replace ‘‘a modification’’ with ‘‘the first design certification rulemakings
adequate protection of the public health change,’’ to clarify that the three criteria were issued. Following public release of
and safety or common defense and for changes apply to modifications, a draft SECY paper setting forth the NRC
security. The regulation does not appear rescissions, or imposition of new staff’s preliminary views on the
to permit changes to the certification requirements. Also, proposed § 52.63 is licensing process for a combined
which reduce unnecessary regulatory amended to be consistent with its license, NEI submitted a letter dated
burdens in circumstances where the original intent (refer to 54 FR 15372; September 8, 1998 (comment 2.d),
change continues to maintain protection April 18, 1989) that the special backfit which expressed opposition to a
to public health and safety and common requirements apply to the certification requirement for updating emergency
defense and security. An example of a information in the generic design preparedness information throughout
change which may not be able to be control documents, not to the provisions the duration of an early site permit,
made under the current § 52.63(a)(1) is in the design certification rules, e.g., absent an application referencing the
a proposed change to the three design Section VI.E of appendix A to part 52. early site permit. As an alternative to
certification rules in appendices A, B, Any proposed changes to these updating throughout the duration of an
and C of part 52, to incorporate into the provisions that set forth how the design early site permit, NEI proposed that
Tier 2 change process the revised certification regulations are to be used emergency planning information be
change criteria in 10 CFR 50.59. Section are controlled by the normal backfit updated when an application for a
50.59 was revised in 1999 to provide requirements in 10 CFR 50.109. license referencing the early site permit
new criteria for, inter alia, making The proposed rule would amend the is filed; portions of the emergency plans
changes to a facility, as described in the current § 52.63(a)(2) to delete the that are unchanged would continue to
final safety analysis report, without reference to § 52.63(a)(4). The reference have finality under 10 CFR 52.39. In a
prior NRC approval, to reduce to § 52.63(a)(4) was in error because this September 3, 1999, letter, the NRC staff
unnecessary regulatory burden (64 FR paragraph discusses the finality of the identified updating of emergency
53582, October 4, 1999). findings required for issuance of a preparedness information in early site
Section 52.63(a)(1) would include a combined license or operating license, permits as a possible subject for the part
new provision that explicitly allows the whereas § 52.63(a)(2) deals with 52 rulemaking.
Commission to change the design modifications that the NRC may impose The Commission agrees in part with
certification rules in part 52 to make on a design certification rule under the Illinois Department of Nuclear
Safety. Emergency plans and/or offsite the early site permit related to are special design certification rule
certificates in support of emergency emergency preparedness in accordance ITAAC. DAC set forth processes and
plans, approved as part of an early site with § 52.39(a)(1). New information that criteria for completing certain detailed
permit review, should be updated. materially changes the Commission’s design information, such as information
However, emergency plans do not need determination of the matters in about the digital instrumentation and
to be kept up-to-date throughout the § 52.17(b), or results in modifications of control system. DAC were originally
duration of an early site permit. There existing terms and conditions under written to be verified as part of the
is no need to update the emergency § 52.39(a)(1) would be subject to normal, post-combined license, ITAAC
plans approved in an early site permit litigation during the construction verification process; as such, DAC are in
until the time the permit is referenced permit, operating license, or combined essence specialized ITAAC.
in a combined license application. At license proceedings in accordance with The Commission agrees with NEI’s
that time, the emergency plans would § 52.39(c). recommendation that combined license
have to be reviewed to confirm that they Not all new information on applicants be permitted to demonstrate
are up-to-date and to provide any new emergency preparedness would be DAC completion as part of the
information that may materially affect subject to challenge in a hearing under combined license application, for
the Commission’s earlier determination § 52.39(c). For example, an emergency several reasons. First, completion of the
on emergency preparedness, or correct plan may have to be updated to reflect detailed design matters covered by DAC
inaccuracies in the emergency current telephone numbers, names of before the issuance of a combined
preparedness information approved in governmental officials whose positions license is consistent with the
the early site permit in support of a and responsibilities are defined in the Commission’s original concept for
reasonable assurance determination, in plan (e.g., the name of the current police design certification and issuance of a
accordance with § 50.47 and appendix E chief for a municipality), or current combined license. When 10 CFR part 52
to part 50. In addition, the Commission names of hospital facilities. These was adopted, the Commission intended
agrees with NEI that a ‘‘continuous’’ corrections do not materially change the that a design certification contain final
early site permit update requirement NRC’s previously-stated bases for and complete design information.
would impose burdens upon the early accepting the early site permit Allowing a finding of acceptable
site permit holder without any emergency plan, and a hearing completion of DAC before issuance of a
commensurate benefit if the early site contention would not be admitted under combined license is, therefore,
permit is not subsequently referenced. § 52.39(c) in a proceeding for a license consistent with the Commission’s
Accordingly, the Commission has referencing the early site permit. In original intent. Second, completion of
determined that §§ 52.39 and 52.79 contrast, if an emergency plan DAC before issuance of the combined
should contain an updating requirement submitted as part of an early site permit license is consistent with the
to be imposed upon the applicant relies upon a bridge to provide the Commission’s goal of resolving issues
referencing an early site permit. primary path of evacuation, and that before construction. Determining
bridge no longer exists, the change whether DAC have been successfully
A new § 52.39(b) would be added to could materially affect the NRC’s completed before issuance of the
require an applicant for a construction previous determination that the combined license avoids the possibility
permit, operating license, or combined emergency plan complied with the that improperly completed DAC will
license, whose application references an Commission’s emergency preparedness result in the construction of improperly
early site permit, to update and correct regulations in effect at the time of the designed structures, systems, and
the emergency preparedness issuance of the early site permit. This components. Finally, the Commission
information provided under § 52.17(b). type of information might be the basis believes that completion of DAC before
In addition, the applicant must discuss for a change in the early site permit’s issuance of the combined license will
whether the new information could terms and conditions related to enhance public confidence in the
materially change the bases for emergency preparedness under overall licensing process because the
compliance with the applicable NRC § 52.39(a)(1), as well as the basis for a public will have an opportunity to
requirements. A parallel requirement is hearing contention under § 52.39(c), challenge whether the detailed design
included in proposed § 52.79 to ensure assuming that the requirements in 10 has been properly completed before
that applicants for combined licenses CFR part 2 for admission of a contention construction begins. Accordingly, the
referencing an early site permit will are met. Commission proposes that a finding of
submit the updated emergency b. Resolution of ITAAC. Sections successful completion of DAC may be
preparedness information. Section 52.79(c), 52.85, 52.97(a), 52.99, and made when a combined license is
52.39(a)(1)(iii) would also be added 52.103(a) and (g) would be amended to issued if the combined license applicant
stating that the Commission may modify provide an applicant for a combined demonstrates that the DAC have been
an early site permit if it determines that license with a process for resolving successfully completed. This new
a modification is necessary based on certain acceptance criteria in one or process would also allow findings on
updated emergency preparedness more of the inspection, test, analysis, successful completion of inspections or
information provided in a referencing and acceptance criteria (ITAAC) tests of components procured before the
license application. New information required by the proposed § 52.79(c) issuance of the combined license. These
that materially changes the bases for before issuance of the combined license. matters would not be revisited after
compliance includes: (1) Information In a letter dated November 13, 2001 issuance of the combined license.
that substantially alters the bases for a (comment 20 on draft proposed rule Section 52.79(c) would be amended to
previous NRC conclusion with respect text), NEI recommended that subpart C provide a new provision that states that,
to the acceptability of a material aspect be revised to allow for completion of if the application references an early site
of emergency preparedness or an design acceptance criteria (DAC) at the permit or a certified design, the
emergency preparedness plan; and (2) combined license application stage. NEI application may include a notification
Information that would constitute a made this recommendation because that a required inspection, test, or
basis for the Commission to modify or applicants might want to complete analysis in the ITAAC has been
impose new terms and conditions on certain DAC before construction. DAC successfully completed and that the
corresponding acceptance criterion has their inclusion in the combined license, to reformat this section for consistency
been met. Sections 52.79(c) and 52.85 constitute regulatory requirements after with the other subparts in 10 CFR part
would be amended to require that the the licensee has received authorization 52 and to replace the references to
Federal Register notification required to load fuel or for renewal of the license. specific paragraphs within §§ 50.4 and
by § 52.85 indicate that the application However, subsequent modifications 50.30 with general references to those
includes this notification, thereby must comply with the design sections. The specific references are no
ensuring that the public has adequate descriptions in the design control longer needed because the NRC
notice of the scope and nature of the document unless the applicable proposes conforming changes to §§ 50.4
application which the Commission is requirements in the current § 52.97 and 50.30 that clarify which provisions
being requested to review. (proposed § 52.98) and Section VIII of are applicable to combined license
Sections 52.99 and 52.103 would be the design certification rules have been applications.
amended to incorporate rule language complied with. e. Section 52.78, Content of
from the design certification regulations In a letter dated April 3, 2001 (item applications; training and qualification
in 10 CFR part 52 regarding the 23), NEI requested that the NRC of nuclear power plant personnel.
completion of ITAAC (see paragraphs ‘‘consider incorporating DCR [Design Section 52.78 would be deleted, and the
IX.A and IX.B.3 of appendix A to part Certification Rule] general provisions requirements applicable to an applicant
52). During the preparation of the design into Subpart C as appropriate.’’ The for, and holder of, a combined license
certification rules for the ABWR and NRC has decided to add these ITAAC with respect to the training program
requirements to proposed § 52.99, would be relocated to § 50.120, where
System 80+ designs, the NRC staff and
consistent with NEI’s proposal, because the requirements currently exist for
nuclear industry representatives agreed
it believes that these provisions embody holders of operating licenses.
on certain requirements for the f. Section 52.79, Contents of
general principles that are applicable to
performance and completion of the applications; technical information in
all holders of combined licenses.
inspections, tests, or analyses in ITAAC. c. Section 52.73, Relationship to other final safety analysis report; and Section
In the design certification rulemakings, subparts. Section 52.73 would clarify 52.80, Contents of application;
the Commission codified these ITAAC that a design approval issued under additional technical information.
requirements into Section IX of the proposed subpart E or a site report Section 52.79 would be reformatted to
regulations. The purpose of the issued under proposed subpart B of part divide the requirements for the
requirement in proposed § 52.99(b) is to 52 may also be referenced in an technical contents of a combined license
clarify that an applicant may proceed at application for a combined license application into two separate
its own risk with design and application filed under 10 CFR part 52. provisions. Section 52.79 would cover
procurement activities subject to This amendment would also add the requirements for the contents of the
ITAAC, and that a licensee may proceed requirements in the current § 52.63(c) to FSAR, and § 52.80 would cover
at its own risk with design, the new § 52.73(b) to clarify that this requirements for the remainder of the
procurement, construction, and requirement applies to applicants for a technical content of a combined license
preoperational testing activities subject combined license. This provision application.
to an ITAAC, even though the NRC may requires that, before granting a Current § 52.79 states that a combined
not have found that any particular combined license which references a license application must contain the
ITAAC has been met. Proposed standard design certification, technically relevant information
§ 52.99(c) would require the licensee to information normally contained in required of applicants for an operating
notify the NRC that the required certain procurement specifications and license by 10 CFR 50.34. The reference
inspections, tests, and analyses in the construction and installation to 10 CFR 50.34 would be removed and
ITAAC have been completed and that specifications be completed and replaced with § 52.79(a), which contains
the acceptance criteria have been met. available for audit if the information is all of the relevant requirements from 10
For those inspections, tests, or analyses necessary for the NRC to make its safety CFR 50.34 that describe what must be
that are completed within 180 days determinations, including the included in the FSAR for a combined
before the scheduled date for initial determination that the application is license application, including
loading of fuel, § 52.99(c) would require consistent with the certified design. No requirements that are currently
that the licensee notify the NRC within substantive change is intended by the applicable to both construction permit
10 days of the successful completion of restatement of this requirement. In a and operating license applications. In
ITAAC. This immediate notification is letter dated April 3, 2001 (items 3 and addition, requirements from other
necessary to ensure the NRC has 3.a), NEI agreed with the proposed sections of 10 CFR part 50 (e.g., §§ 50.48
sufficient time to verify successful change but recommended that the last and 50.63) would be included. These
completion of the ITAAC prior to the sentence of § 52.63(c) be deleted and the requirements were issued after the
licensee’s scheduled date for fuel load. remaining provision be added to the current fleet of operating reactors were
Section 52.99(d) would state the options current § 52.79 rather than the current licensed and, therefore, were not
that a licensee will have in the event § 52.73. The NRC agrees with NEI that required contents for these earlier
that it is determined that any of the 10 CFR part 52 should be modified to FSARs. In proposing these
acceptance criteria in the ITAAC have clarify that the requirement in current modifications, the NRC has attempted to
not been met. Section 52.99(e) requires § 52.63(c) applies to applicants for a capture all relevant requirements
the NRC to ensure that the required combined license, and that the last regarding contents of the FSAR for a
inspections, tests, and analyses in the sentence be deleted. However, the combined license application.
ITAAC are performed and also requires Commission is adding the remaining In addition, the proposed § 52.79(a)
the NRC to publish, at appropriate provision to what was § 52.73(b) and not contains requirements for descriptions
intervals, notice in the Federal Register to § 52.79 as recommended by NEI. of operational programs that need to be
of the NRC staff’s determination of the d. Section 52.75, Filing of included in the FSAR to allow a
successful completion of inspections, applications. Section 52.75 provides reasonable assurance finding of
tests, and analyses. Finally, § 52.103(h) requirements for the filing of combined acceptability. This proposed
states that ITAAC do not, by virtue of license applications. The NRC proposes amendment is in support of the
Commission’s direction to the staff in Section 52.79(c) would describe the combined license application be
SRM–SECY–02–0067 dated September requirements for combined license included in the FSAR (proposed
11, 2002, ‘‘Inspections, Tests, Analyses, applications that reference a standard § 52.79(a)). This modification is
and Acceptance Criteria for Operational design approval. Previously, no proposed for consistency with current
Programs (Programmatic ITAAC),’’ that guidance was provided regarding a § 50.34 which requires that emergency
a combined license applicant was not combined license application that plans be included in the FSAR for
required to have ITAAC for operational referenced a standard design approval. operating license applications.
programs if the applicant fully The proposed requirements in § 52.79(c) Section 52.80 would be added to
described the operational program and are essentially the same as those for a cover the required technical contents of
its implementation in the combined combined license application that a combined license application that are
license application. In this SRM, the references a standard design not contained in the FSAR. These
Commission stated: certification in proposed § 52.79(d). application contents include the PRA,
Section 52.79(d) would describe the ITAAC, and the environmental report.
[a]n ITAAC for a program should not be
requirements for combined license The NRC proposes to add a
necessary if the program and its
implementation are fully described in the applications that reference a standard requirement in § 52.80(a) that an
application and found to be acceptable by the design certification. Section 52.79(d) applicant submit a plant-specific PRA as
NRC at the COL stage. The burden is on the would state that the FSAR for a part of an application for a combined
applicant to provide the necessary and combined license application license. The current § 52.79(b)
sufficient programmatic information for referencing a standard design references § 52.47(a)(1)(v), which
approval of the COL without ITAAC. certification need not contain requires a design-specific PRA within a
information or analyses submitted to the design certification application. This
The Commission clarified its
Commission in connection with the amendment would add new § 52.80(a)
definition of fully described in SRM–
design certification, but must contain, in to require that if an application for a
SECY–04–0032, ‘‘Programmatic
addition to the information and analyses combined license references a standard
Information Needed for Approval of a design certification or standard design
otherwise required, information
Combined License Application Without approval, or if the application proposes
sufficient to demonstrate that the
Inspections, Tests, Analyses, and to use a nuclear power reactor
characteristics of the site fall within the
Acceptance Criteria,’’ dated May 14, manufactured under a manufacturing
site parameters specified in the design
2004, as follows: license under subpart F of this part, the
certification. Section 52.79(d) would
In this context, fully described should be require that the FSAR demonstrate that plant-specific PRA must use the PRA for
understood to mean that the program is the interface requirements established the design certification, design
clearly and sufficiently described in terms of for the design under § 52.47 have been approval, or manufactured reactor, as
the scope and level of detail to allow a applicable, and must be updated to
met and that all requirements and
reasonable assurance finding of acceptability.
Required programs should always be restrictions that may have been set forth account for site-specific design
described at a functional level and at an in the referenced design certification information and any design changes,
increased level of detail where rule be satisfied by the date of issuance departures, or variances. In a letter
implementation choices could materially and of the combined license. dated April 3, 2001 (item 11.1a), NEI
negatively affect the program effectiveness Section 52.79(e) would describe the stated ‘‘we agree on the NRC vision for
and acceptability. requirements for a combined license a plant-specific PRA at COL that
application that references a supplements the DC PRA with any
Accordingly, the Commission manufactured reactor. Previously, no changes that affect the DC PRA plus
proposes to add requirements for guidance was provided regarding a site-specific (interface) design
descriptions of operational programs. In combined license application that information.’’ A requirement would be
doing so, the Commission has taken into referenced a manufactured reactor. added to § 52.80(a) that a combined
account NEI’s proposal in its letter These requirements are similar to those license application that does not
dated August 31, 2005, to address SRM– for the content of an FSAR for a reference a certified design must contain
SECY–04–0032. combined license referencing a design a plant-specific PRA.
Section 52.79(b) would describe the certification. Specifically, § 52.79(e) The purpose of the requirement for a
variant on the requirements in § 52.79(a) states that the FSAR need not contain plant-specific PRA is to identify and
for a combined license application that information or analyses submitted to the address potential design and operational
references an early site permit. Section Commission in connection with the vulnerabilities; gain insights about the
52.79(a) does not explicitly require the manufacturing license, but must risk of the design; assess the balance
application to address whether the contain, in addition to the information between preventive and mitigative
terms and conditions specified in the and analyses otherwise required, features in the design; determine
early site permit under § 52.24 have information sufficient to demonstrate quantitatively whether the design
been or will be met by the combined that the site parameters for the represents a reduction in risk over
license holder, although this is implicit manufactured reactor are bounded by current operating plants; and, determine
by the inclusion of any terms and the site where the manufactured reactor how the risk associated with the new
conditions in the early site permit. To is to be installed and used. Section design relates to the Commission’s
remove any ambiguity in this matter, 52.79(e) also would require that the safety goals.
§ 52.79(b)(3) would require that the FSAR demonstrate that the interface g. Section 52.81, Standards for review
FSAR demonstrate that all terms and requirements established for the design of applications. 10 CFR parts 54 and 140
conditions that have been included in have been met and that all terms and would be added to the list of standards
the early site permit will be satisfied by conditions that have been included in that the NRC will use to review
the date of issuance of the combined the manufacturing license be satisfied combined license applications. Part 54
license. The NRC’s intent, as reflected in by the date of issuance of the combined would address applications for renewal
the words, ‘‘have been met,’’ is that all license. of combined licenses and part 140
terms and conditions will be met before Section 52.79 would require that would include the requirements
issuance of the combined license. emergency plans submitted with a applicable to nuclear reactor licensees
with respect to financial protection and proceeding on the site or the design. exemption provisions in the referenced
Indemnity Agreements to implement Current § 52.89 states further that, if the design certification rule.
Section 170 of the AEA, commonly application does not reference an early l. Section 52.97, Issuance of combined
referred to as the Price-Anderson Act. site permit or a certified standard licenses. The NRC would modify § 52.97
h. Section 52.83, Finality of design, the environmental review to be more consistent with the parallel
referenced NRC approvals. The current procedures set out in 10 CFR part 51 provision in § 50.50, Issuance of
§ 52.83, Applicability of part 50 must be followed, including the licenses and construction permits, by
provisions, would be removed and issuance of a final environmental including requirements that, after
would be replaced by a new section impact statement, but excluding the conducting a hearing and receiving the
addressing the finality of NRC approvals issuance of a supplement under report submitted by the ACRS, the NRC
which are referenced in a combined § 51.95(a). This provision would be finds that there is reasonable assurance
license application. Current § 52.83 removed because the requirements are that the applicant is technically and
provides that, unless otherwise captured in proposed § 52.79(a) and in financially qualified to engage in
specifically provided for in subpart C to the proposed revisions to part 51. activities authorized; and that issuance
Part 52, all provisions of 10 CFR part 50 j. Section 52.91, Authorization to of the license will not be inimical to the
and its appendices applicable to holders conduct site activities. Section common defense and security or to the
of construction permits for nuclear 52.91(a)(2) currently provides health and safety of the public. Section
power reactors also apply to holders of requirements for a combined license 52.97(c) would be added, consistent
combined licenses. Similarly, § 52.83 application that does not reference an with § 50.50, which states that a
provides that all provisions of 10 CFR early site permit, but that contains a site combined license shall contain
part 50 and its appendices applicable to redress plan and states that the conditions and limitations, including
holders of operating licenses also apply applicant may not perform the site technical specifications, as the
to holders of combined licenses issued preparation activities allowed by 10 Commission deems necessary and
under this subpart, once the CFR 50.10(e)(1) without first submitting appropriate. Existing § 52.97(b)(2)
Commission has made the findings a site redress plan in accordance with would be moved to new § 52.98,
required under § 52.99. The § 52.79(a)(3), and obtaining the separate because the issues addressed in this
Commission believes that the current authorization required by 10 CFR section are issues associated with
§ 52.83 is not necessary because this 50.10(e)(1). This provision further states finality of combined license provisions.
proposed rulemaking will provide m. Section 52.98, Finality of
that authorization must be granted only
conforming changes throughout 10 CFR combined licenses; information
after the presiding officer in the
part 50 (as well as all other parts in Title requests. Section 52.98 would be added
proceeding on the application has made to subpart C, consistent with the other
10 Chapter 1) to identify which
the findings and determination required subparts in 10 CFR part 52. Section
requirements are applicable to
by 10 CFR 50.10(e)(2), and has 52.98 would provide provisions for the
combined license applicants and
determined that the site redress plan finality of combined license provisions.
holders. Current § 52.83 also provides
meets the criteria in § 52.17(c). This Section 52.98(a) states that, after
provisions that address the duration of
provision would be amended to state issuance of a combined license, the
a combined license and these provisions
that authorization may [emphasis Commission may not modify, add, or
would be moved to proposed § 52.104,
added] be granted only after the delete any term or condition of the
Duration of combined license.
The proposed revision to § 52.83 presiding officer in the proceeding on combined license, the design of the
would state that, if an application for a the application has made the findings facility, the inspections, tests, analyses,
combined license references an early and determination required by 10 CFR and acceptance criteria contained in the
site permit, design certification rule, 50.10(e)(2), and has determined that the license which are not derived from a
standard design approval, or site redress plan meets the criteria in referenced standard design certification
manufacturing license, the scope and § 52.17(c). This amendment would be or manufacturing license, except in
nature of matters resolved for the consistent with § 52.91(a)(3), which accordance with the provisions of
application and any combined license states that authorization to conduct the §§ 52.103 or 50.109, as applicable.
issued are governed by the relevant activities described in 10 CFR Section 52.98 would include
provisions addressing finality, including 50.10(e)(3)(i) may be granted only after provisions to clarify the applicability of
§§ 52.39, 52.63, 52.98, 52.145, and the presiding officer in the combined the change processes in 10 CFR part 50
52.171. This provision would clarify the license proceeding makes the additional and Section VIII of the design
relationship between a combined finding required by 10 CFR certification rules in 10 CFR part 52 to
license application and any other 50.10(e)(3)(ii). The NRC believes that a combined license. Section 52.98(b)
license or regulatory approval that an may is the proper term to use in both states that the change processes in 10
applicant may reference in the of these provisions. CFR part 50 apply to a combined license
combined license application as far as k. Section 52.93, Exemptions and that does not reference a design
issue resolution is concerned. variances. Section 52.93 would include certification rule or a reactor
i. Section 52.89, Environmental a discussion of the requirements manufactured under a manufacturing
review. Section 52.89 would be removed regarding requests for an exemption license. Section 52.98(c) states that the
and reserved for future use. Current from any part of a referenced design change processes in Section VIII of the
§ 52.89 requires that, if a combined certification rule. The proposed § 52.93 design certification rules apply to
license application references an early states that, if the request is for an changes within the scope of the
site permit or a certified standard exemption from any part of a referenced referenced certified design. However, if
design, the environmental review must design certification rule, the the proposed change affects the design
focus on whether the design of the Commission may grant the request if it information that is outside of the scope
facility falls within the parameters determines that the exemption complies of the design certification rule, the part
specified in the early site permit and with any exemption provisions of the 50 change processes apply unless the
any other significant environmental referenced design certification rule, or change also affects the design
issue not considered in any previous with § 52.63 if there are no applicable certification information. For that
situation, both change processes may fuel is loaded, and the failure to include added to part 52. The NRC believes that
apply. the reference to loading of fuel was an the second alternative is the best
Section 52.98(d) would be added to inadvertent oversight. Therefore, this approach. The combined license
address changes to a combined license section would be amended to require holder’s responsibilities upon
that references a reactor manufactured the NRC to find that the acceptance expiration of its license is more a matter
under a manufacturing license. Section criteria in the combined license are met of regulatory authority and therefore is
52.98(d)(1) states that, if the combined before fuel load and operation of the best placed in part 52. While the
license references a reactor facility. In addition, Section IX in each question is closer with respect to
manufactured under a subpart F of appendices A, B, and C of part 52 decommissioning, the NRC believes that
manufacturing license, then changes to requires that the Commission find that most users would likely turn to part 52
or variances from information within the acceptance criteria in the ITAAC for rather than part 50 to determine the
the scope of the manufactured reactor’s the license are met before fuel load. The requirements for decommissioning,
design are subject to the change NRC believes that this is the common inasmuch as decommissioning involves
processes in § 52.171. Section interpretation of § 52.103(g). questions of both procedure and
52.98(d)(2) states that changes that are o. Section 52.104, Duration of technical requirements.
not within the scope of the combined license; Section 52.105,
manufactured reactor’s design are Transfer of combined license; Section 7. Subpart D, Reserved
subject to the applicable change 52.107, Application for renewal; Section 8. Subpart E, Standard Design
processes in 10 CFR part 50 (e.g., 52.109, Continuation of combined Approvals (§§ 52.131 Through 52.147)
§§ 50.54, 50.59, and 50.90). The NRC license; and Section 52.110,
Appendix O to part 52 currently sets
proposes all of these requirements to Termination of license. Five new
forth the NRC’s requirements for
clarify, in one location, the finality provisions would be added to Part C for
approval of standard designs for nuclear
provisions applicable to all portions of consistency with the other subparts in
a combined license. 10 CFR part 52 and to parallel plants or a major portion of a nuclear
Finally, the Commission proposes to requirements in 10 CFR part 50 for plant. This licensing process was first
add a new paragraph (g) to the ‘‘finality’’ operating licenses. Section 52.104, adopted by the NRC in 1975 and has
section in each subpart of part 52, would address the duration of a been used many times, including
including § 52.98, entitled ‘‘Information combined license and contains issuance of four final design approvals
requests,’’ which would delineate the requirements that currently exist in (FDAs) under appendix O to part 52
restrictions on the NRC for information § 52.83. In addition, the Commission from 1994 through 2004. These FDAs
requests to the holder of the combined proposes to amend these requirements were issued as part of four design
license. This provision is analogous to to indicate that, where the Commission certification reviews where the FDAs
the current provision on information has allowed operation under a were a prerequisite to certification of the
requests in paragraph 8 of appendix O combined license during an interim standard design. As part of this
to parts 50 and 52, and is based upon period under § 52.103(c), the period of rulemaking, the NRC proposes to
the language of § 50.54(f). For combined operation is not to exceed 40 years from remove the requirement that FDAs are a
licenses, this proposed provision would the date allowing operation during the prerequisite to a design certification
be contained in § 52.98(g), and would interim period. under subpart B of part 52 (see the
require the NRC to evaluate each Section 52.105 would provide discussion on 10 CFR 52.43).
information request of the holder of a requirements for the transfer of a When the NRC adopted part 52 in
combined license to determine that the combined license that refer the 1989, the Commission did not re-
burden imposed by the information applicant to § 50.80. Section 52.107 examine the regulatory scheme for
request is justified in light of the would provide a reference to 10 CFR standard design approvals to determine
potential safety significance of the issue part 54 for the renewal of a combined if the bases for adopting part 52 and the
to be addressed in the information license. licensing processes codified in part 52
request. The only exceptions would be Section 52.109 would provide would also be an impetus for
for information requests seeking to provisions for the continuation of a reorganizing the design approval
verify compliance with the current combined license and § 52.110 would process. However, the NRC did
licensing basis of the facility. If the provide requirements for the undertake a re-examination of appendix
request is from the NRC staff, the termination of a combined license. O to part 52 and proposed certain
request would first have to be approved Currently, part 52 does not address changes in the 2003 proposed rule. In
by the Executive Director for Operations decommissioning of combined licenses view of the substantial reorganization
(EDO) or his or her designee. (reactors that are manufactured under a and rewriting of part 52 proposed in this
n. Section 52.103, Operation under a part 52 manufacturing license do not rulemaking, the Commission has given
combined license. Section 52.103(g) raise decommissioning concerns until further consideration to the licensing
currently requires the NRC to find that they are emplaced at a site, inasmuch as process in appendix O to part 52 and
the acceptance criteria in the combined a manufacturing license does not permit proposes additional changes to enhance
license are met before operation of the loading of fuel or operation) and the the regulatory effectiveness and
facility, but does not refer to loading of termination of the combined license. By efficiency of that process.
fuel. However, current § 52.103(f) states contrast, §§ 50.51 and 50.82 would The NRC continues to believe that the
that fuel loading and operation under address the permanent shutdown of a best approach for obtaining early
the combined license will not be nuclear power plant, its resolution of design issues is through
affected by the granting of a petition to decommissioning, and the termination the design certification process in
modify the terms and conditions of the of the part 50 operating license. There subpart B of part 52. Design certification
combined license unless a Commission are two possible ways of addressing this will provide greater finality and
order is made immediately effective. It omission: §§ 50.51 and 50.82 could be standardization than the design
was the Commission’s intent in the 1989 modified to reference combined licenses approval process. Consequently, the
rulemaking that it find that the under part 52, or the provisions NRC favors the use of the design
acceptance criteria have been met before analogous to these sections could be certification process, which suggests
that the design approval process could ITAACs because FDAs may be manufacturing can commence, although
be eliminated. However, given the referenced in applications for the NRC must approve the final design
frequent use of appendix O to part 52 construction permits or operating of the manufactured reactor by license
in the past, the NRC proposes to retain licenses under 10 CFR part 50, and the amendment (see appendix M of part 52,
this process and to reorganize and verification process used for part 50 paragraph 7, Note). Under paragraph 8
reformat the design approval process to applications does not use ITAAC. In of Appendix M of part 52, the
be consistent with the other subparts. addition, this proposal would not manufactured reactor may not be
The language that is currently in require applicants to consider severe removed from the place of manufacture
appendix O of part 52 has been accident mitigation design alternatives. until approval of the final design under
relocated to a new subpart and A new § 52.139, which specifies the paragraph 7 of appendix M of part 52.
formatted to be consistent with the other standards that will be used to review When the NRC adopted part 52 in
subparts. A new section (§ 52.133) applications for standard design 1989, the NRC did not re-examine the
would be created to describe the approvals and new §§ 52.145 and regulatory scheme for manufacturing
relationship of the design approval 52.147, which specify the finality and licenses to determine if the bases for
process with the other subparts. The duration of standard design approvals adopting part 52 and the licensing
proposed filing requirements are consistent with other subparts would be concepts used in part 52 also would be
consistent with the other subparts. The added. In a letter dated November 13, an impetus for proposing changes to the
applications may still request approval 2001, NEI commented that ‘‘Industry regulatory scheme for manufacturing
of either the entire facility or major recommends FDAs be valid for 15 licenses. Nor did the NRC undertake
portions thereof, but the applications years.’’ The NRC agrees with the such a re-examination as part of the
are limited to final design information. industry’s recommendation. The process leading to the 2003 proposed
There are several reasons for this Commission has decided that the rule. However, in view of the substantial
change. First, the Commission’s recent duration of standard design approvals reorganization and rewriting of 10 CFR
experience with FDAs and design should correspond to the duration of Chapter 1 generally, the NRC has
certifications demonstrates that nuclear design certifications, inasmuch as both reconsidered the efficacy of the current
power plant designers are technically standard design approvals and design manufacturing license process in
capable of developing essentially certifications constitute approvals of appendix M of part 52 and proposes
complete and final design information nuclear power plants designs, and the substantial changes to enhance
for Commission review and approval. period of effectiveness of the approval regulatory effectiveness and efficiency.
Furthermore, the economic incentives from a technical standpoint is not a The most important shift in the
with respect to design certification also function of whether the approval is manufacturing license concept proposed
apply to final design approvals. In granted by the NRC staff or the by the NRC is that a final reactor design,
addition, approval of a final reactor Commission. equivalent to that required for a
design removes the unpredictability of standard design certification under part
issuing a construction permit that 9. Subpart F, Manufacturing Licenses 52 or an operating license under part 50,
references only preliminary design The following discussion explains the must be submitted and approved before
information and initiating construction requirements in subpart F generically issuance of a manufacturing license.
while the final design information is and covers §§ 52.151, 52.153, 52.155, There are several reasons for this shift.
being completed. Approval of a final 52.156, 52.157, 52.159, 52.161, 52.163, First, the Commission’s experience with
standard design ensures early 52.165, 52.167, 52.169, 52.171, 52.173, standard design certifications
consideration and resolution of 52.175, 52.177, 52.179, and 52.181. demonstrates that nuclear power plant
technical matters before there is any Appendix M of part 52 currently sets designers are technically capable of
substantial commitment of resources forth the NRC’s requirements governing developing a complete reactor design for
associated with the construction of the manufacturing licenses. Appendix M of Commission review. Furthermore, the
plant, which will greatly enhance part 52, which was first adopted by the economic incentives and limitations
regulatory stability and predictability. NRC in 1973, provides for issuance of a with respect to approval of a standard
The NRC also proposes that license authorizing the manufacture of a reactor design certification also apply to
applications for standard design nuclear power reactor to be the approval of a design of a
approvals provide essentially the same incorporated into a nuclear power plant manufactured reactor. Indeed, one could
technical information that is required under a construction permit and argue that the holder of a manufacturing
for design certification applications operated under an operating license at license may structure the commercial
(e.g., demonstration of compliance with a different location from the place of transaction to reduce the economic risk
any technically relevant Three Mile manufacture. Under the current associated with the application for a
Island (TMI) requirement, proposed licensing regime in appendix M of part manufacturing license for a final reactor
technical resolutions of unresolved 52, the NRC does not approve a final design, as compared to the economic
safety issues and medium- and high- reactor design to be manufactured risk associated with a standard design
priority generic safety issues, and a before issuance of the manufacturing certification. Second, approval of a final
design-specific probabilistic risk license. Rather, analogous to the two- reactor design removes the current
assessment). This proposal is consistent step process, the NRC issues a awkward regulatory process of issuing a
with past practice regarding manufacturing license based upon the manufacturing license, and
applications for future designs and review of a preliminary design subsequently amending the license
would implement the Commission’s equivalent to that provided in a when a final design is submitted.
Policy Statements on Severe Reactor construction permit application. Upon Approval of a final design ensures early
Accidents (50 FR 32138; August 8, approval of the preliminary design and consideration and resolution of
1985) and Nuclear Power Plant associated information, the NRC issues technical matters before there is any
Standardization (52 FR 34884; a manufacturing license authorizing the substantial commitment of resources
September 15, 1987). However, this manufacture—but not the removal from associated with the actual manufacture
proposal would not require applicants the manufacturing site—of one or more of the reactor, which will greatly
for standard design approvals to submit nuclear power reactors. Thereafter, enhance regulatory stability and
predictability. Finally, Commission manufacture and the ITAAC for manufacturing of a reactor whose
approval of standardized manufacturing verifying that it has been acceptably manufacture commenced before the 3-
processes, coupled together with the manufactured and integrated into a year deadline may continue until the
potential for a stable workforce and the nuclear power facility so that it can be time that the NRC completes action on
application of manufacturing process safely operated in accordance with the the renewal application in accordance
feedback, has great opportunities for approved manufactured reactor design, with the Timely Renewal Doctrine of
maintaining and even improving the the NRC’s regulations, and the the Administrative Procedure Act
quality and consistency of manufacture, requirements of the AEA. (APA). The NRC selected the 3-year
as compared to the traditional method In light of the Commission’s review deadline as a reasonable period for
of constructing reactors onsite by a and approval of a final design, the NRC completing the manufacture of a nuclear
variety of contractors and proposes to provide a greater degree of power reactor, based in large part upon
subcontractors. finality to a manufacturing license. public statements by various reactor
The technical information required to Under § 52.171(a)(1) of the proposed vendors that they have set goals for
be included in an application for a rule, the same degree of issue finality constructing complete nuclear power
manufacturing license, as set forth in accorded to the ‘‘certified design’’ plants onsite within 3 years. It seems
proposed §§ 52.157 and 51.158, reflects would apply throughout the term of the reasonable, therefore, that a
both the expansion of the scope of manufacturing license. Under this manufactured reactor, built in a
approval to include the final design of provision, the approved design for the controlled environment using industrial
the reactor to be manufactured, as well manufacturing license could not be manufacturing processes, would be able
as lessons learned with respect to early changed or modified unless the NRC to be manufactured in the same 3-year
site permits. Section 52.157 would determines it is necessary either for period as the construction of an entire
require the standard information to be adequate protection or for compliance facility onsite. The NRC does not
submitted in support of the design of a with requirements applicable and in propose to specify, as a separate matter,
reactor (derived from the existing effect at the time the manufacturing an earliest and latest date for
requirements in current part 52, license was issued. A comparable completion of manufacture of any
subparts B and C) for a standard design requirement is also included in individual reactor. Section 185 of the
certification and combined license. In § 52.171(a)(4) which would restrict AEA directs that ‘‘[t]he construction
addition, the application must address changes to the design of the permit shall state the earliest and latest
the provisions with respect to the manufactured reactor if it is referenced date for completion of the construction
demonstration by test, analysis, for use in a construction permit, or modification.’’ Inasmuch as a
experience, or a combination thereof of operating license, or combined license. manufacturing license is not a
simplified, inherent, passive, or other The NRC proposes not to provide the construction permit nor does it
innovative means to accomplish safety ability of the manufacturing license authorize ‘‘construction,’’ there does not
functions, or the results of testing of a holder to make changes to the design, appear to be any legal need for the
prototype plant, as set forth in proposed site parameters, design characteristics, manufacturing license to specify, apart
revisions to § 50.40 (as discussed or terms and conditions under the from its term, the earliest and latest date
separately with respect to § 50.40, these provisions of 10 CFR 50.59, which is of completion of manufacture.
testing and prototype requirements comparable to the design certification
proposed to be incorporated into § 50.40 process. The NRC believes that one of 10. Subpart G, Reserved
were derived from the current the key reasons for licensing 11. Appendices A, B, and C—Design
requirements in § 52.47(b)). Information manufactured reactors is to enhance Certifications for ABWR, System 80+,
which must be submitted as part of an standardization, one of the original and AP600
application, but is not typically objectives of the 1989 part 52
considered part of a final safety analysis rulemaking. Unlike design certification, The NRC proposes to amend
report, is identified in § 52.158. This which is an approval of a ‘‘paper paragraphs VI.B.4, 5, and 6 of the three
includes a PRA, proposed ITAAC to be design,’’ the NRC’s proposed concept of design certification rules in appendices
used by the licensee who will construct a manufacturing license is pre-approval A, B, and C to part 52 for the U.S.
and operate a nuclear power plant at its of the procurement, manufacturing, and ABWR, System 80+, and AP600 designs,
site using the manufactured reactor, and quality assurance processes that respectively, by substituting the phrase
an environmental report for the translates the approved reactor design ‘‘but only for that plant’’ for the
manufactured reactor. into a manufactured assembly in a erroneous phrase ‘‘but only for that
The environmental report must controlled environment, with the proceeding’’ (emphasis added). The new
address severe accident mitigation capability to optimize techniques and phrase correctly characterizes the scope
design alternatives (SAMDAs), similar procedures based upon feedback. Some of issue resolution in three situations.
to standard design certifications, of these advantages may be lost if each Paragraph VI.B.4 describes how issues
because the design approval stage is ‘‘manufactured’’ reactor were treated as associated with a design certification
usually the most cost-effective a ‘‘one-off’’ custom product. rule are resolved when an exemption
opportunity for incorporating design The NRC proposes that the term of a has been granted for a plant referencing
features for addressing severe accidents. manufacturing license be for no less the design certification rule. Paragraph
The NRC notes that the environmental than 5 or more than 15 years from the VI.B.5 describes how issues are resolved
report need not address environmental date of issuance. The licensee may not when a plant referencing the design
impacts associated with the actual commence manufacturing of a reactor certification rule obtains a license
manufacture of the reactor at any less than 3 years before the expiration amendment for a departure from Tier 2
manufacturing location, inasmuch as a date, but may continue the information. Paragraph VI.B.6 describes
manufacturing license does not manufacturing of a reactor whose how issues are resolved when the
represent NRC approval of any specific manufacture commenced before the 3 applicant or licensee departs from the
location, facility, or appurtenance for year deadline up to license expiration. Tier 2 information on the basis of
manufacturing. Rather, the NRC is If, however, an application for renewal paragraph VIII.B.5, which waives the
approving a reactor design for is timely-filed with the NRC, requirement to obtain NRC approval.
Thus, once a matter (e.g., an exemption or licensees. Because of some with the requirements for operating
in the case of paragraph VI.B.4) is differences in how the change control plants.
addressed for a specific plant requirements are structured in the
D. Proposed Changes to 10 CFR Part 50
referencing a design certification rule, design certification rules, certain
the adequacy of that matter for that definitions contained in § 50.59 are not 1. General Provisions, § 50.2, Definitions
plant would not ordinarily be subject to necessary for or applicable to 10 CFR The Commission proposes to add new
challenge in any subsequent proceeding part 52 and are not being included in definitions as conforming changes to
or action (such as an enforcement this proposed rule. One definition that § 50.2. The definition of an applicant
action) listed in the introductory portion the NRC is including, is from § 50.59 for
would be added to clarify that a person
of paragraph IV.B, but there would not a ‘‘Departure from a method of
or entity applying for Commission
be any issue resolution on that subject evaluation,’’ which is appropriate to
‘‘permission or approval’’ is an
matter for any other plant. include in this rulemaking so that the
applicant. This would ensure that part
Unfortunately, the three design eighth criterion in Paragraph VIII.B.5.b
50 requirements for applicants would
certification rules use the phrase ‘‘but of the design certification rules will be
apply to a person or entity seeking an
only for that proceeding,’’ which may implemented as intended.
Each of the design certification rules NRC approval not constituting a license,
lead to the erroneous conclusion that
in appendices A, B, and C to part 52 such as a standard design approval
issue resolution exists only in the
includes a section on records and under part 52.
proceeding in which the matter was
reporting. The NRC proposes to amend The definitions for license and
approved and/or adjudicated, and not in
paragraph X.B.3.b to change the licensee would be added to clarify that
all subsequent proceedings for that
plant. reporting frequency from quarterly to early site permits and combined
In letters dated November 12, 2001, semi-annually, and to extend the period licenses under part 52 are licenses, and
and November 13, 2001, respectively, of increased reporting frequency, that holders of these types of licenses
General Electric Company and relative to the frequency of 10 CFR are licensees for purposes of part 50.
Westinghouse Electric Company 50.59(d) and 50.71(e)(4), from the date The definition for prototype plant
reiterated earlier recommendations the of a license application that references would be added to explain the type of
two companies had made that Sections a design certification rule to the date nuclear reactor that the NRC intends in
VI.B.4 and 5 of the design certification that the Commission makes its finding the proposed § 50.43(e). A prototype
rules state that exemptions and license under 10 CFR 52.103(g). The plant is a licensed nuclear reactor test
amendments have finality ‘‘but only for requirement to report plant-specific facility that is similar to and
that plant.’’ For the reasons previously departures from and updates to the representative of the first-of-a-kind
discussed, the NRC proposes to design control document during the nuclear plant in all features and size,
substitute the phrase ‘‘but only for that interval from the application for a but may have additional safety features.
plant,’’ to clarify that issue resolution on combined license until the Commission The purpose of the prototype plant is to
a matter applies in subsequent makes its finding under § 52.103(g) is to perform testing of new or innovative
proceedings for that plant. facilitate NRC’s monitoring of changes design features for the first-of-a-kind
Each of the design certification rules to the nuclear power plant, to achieve nuclear plant design, as well as being
in appendices A, B, and C to part 52 a common understanding of how the as- used as a commercial nuclear power
includes a Section VIII on change built facility conforms to the design facility.
processes. These processes apply to certification information, and to adjust 2. Requirement of License, Exceptions,
changes depending upon the category of the inspection program to reflect the § 50.10, License Required
design information affected. For plant- design changes.
specific Tier 2 information, the change The proposed amendment to Section 50.10 addresses the
process established in the rule mirrors, paragraph X.B.3.b reduces the frequency circumstances under which a license for
in large part, that in the former 10 CFR of reporting during the period of a production or utilization facility is
50.59. The proposed rule would amend construction and increases the required, and describes activities which
paragraph VIII.B.5 of the design frequency of reporting during the do not constitute ‘‘construction’’ for
certification rules to conform the application review period. The purposes of obtaining a license for a
terminology in the § 50.59-like change Commission believes that these changes nuclear power plant. Section 50.10(b)
process to that used in the current in the reporting burden balance each currently prohibits a person from
§ 50.59. This amendment deletes other and provide the information beginning construction of a production
references to unreviewed safety needed by the NRC to fulfill its or utilization facility unless a
question and safety evaluation, and responsibilities in the licensing of future construction permit has been issued.
conforms the evaluation criteria nuclear power plants. In order to make Inasmuch as activities constituting
concerning when prior NRC approval is the finding under § 52.103(g), the NRC construction (as defined in § 50.10(b))
needed. Also, a definition has been must monitor the design changes made are authorized under a combined
added to the design certification rules under Section VIII of the design license, § 50.10(b) would be revised to
(paragraph II.G) for ‘‘departure from a certification rules. Frequent reporting of refer to combined licenses.
method of evaluation’’ to support the design changes will be particularly Currently, § 52.17(c) authorizes an
evaluation criterion in Paragraph important in times when the number of early site permit applicant to request
VIII.B.5.b(8). design changes could be significant, authority to perform the activities
In an earlier rulemaking (see 64 FR such as during the procurement of allowed under § 50.10(e)(1). The NRC
53582; October 4, 1999), the NRC components and equipment, detailed notes that the current regulation does
revised § 50.59 to incorporate new design of the plant before and during not provide for the holder of an early
thresholds for permitting changes to a construction, and during preoperational site permit to request authority to
plant as described in the FSAR without testing. After the facility begins conduct § 50.10(e)(1) activities after the
NRC approval. For consistency and operation, the frequency of reporting early site permit has been issued, and
clarity, similar changes are being would revert to the requirement in the NRC does not propose to change the
proposed for 10 CFR part 52 applicants paragraph X.B.3.c, which is consistent current restriction. It will conserve the
NRC’s resources to consider the safety amendments to these applications) in nuclear power facility using the
and environmental issues associated § 52.3 apply to part 52 processes other manufactured reactor. Successful
with § 50.10(e)(1) activities during the than design certification. completion of the manufactured
agency’s consideration of the early site c. Section 50.33, Contents of reactor’s ITAAC should ensure that any
permit application. Late consideration applications; general information. problems with manufacture attributable
of these requests after completion of the Section 50.33 identifies the general to lack of financial resources of the
NRC’s consideration of the application information that must be included in manufacturing license holder can be
could entail substantial diversion of applications for licenses (including identified before operation. Moreover,
resources from other application construction permits) for production the licensee authorized to construct the
reviews. For these reasons, the NRC and utilization facilities. Section facility (either under a construction
does not propose to allow an early site 50.33(f) requires certain applicants for permit or a combined license) using a
permit holder to request authority to nuclear power plant licenses to submit manufactured reactor would have been
perform activities allowed under information sufficient to determine subject to a financial qualifications
§ 50.10(e)(1) after issuance of the early whether the applicant has the financial review under the proposed rule. This
site permit (the Commission notes that qualification to carry out, in accordance review should be sufficient to determine
under existing part 52, early site permit with the NRC’s regulations, the if the applicant has sufficient financial
holders may not seek authority to activities for which a license or permit resources to carry out facility
perform activities allowed under is sought. Section 50.33 would be construction and the completion of the
§ 50.10(e)(3) after issuance of the early amended to require applicants for manufactured reactor’s inspections,
site permit). combined licenses to submit financial tests, and acceptance criteria. Finally,
qualifications information. The the NRC notes that it does not require
3. Classification and Description of proposed rule would not require the fabricators of safety-related and
Licenses financial qualifications information to important to safety structures, systems,
a. Section 50.23, Construction be submitted by applicants for early site and components (SSCs) to be licensed
permits. This section currently provides permits, standard design approvals, and and subject to a financial qualifications
that a construction permit for the manufacturing licenses. An NRC review review. The NRC believes that a holder
construction of a production or to determine whether an applicant has of a manufacturing license conducts
utilization facility must be issued before adequate financial qualifications to activities which appear to be, in large
issuance of a license for the facility, and conduct the activities authorized by an part, analogous to these current non-
then only upon ‘‘due completion’’ of the early site permit would contribute little, licensed fabricators. Accordingly, the
facility. The revised section clarifies if anything, to providing reasonable NRC concludes that a financial
that if the NRC issues a combined assurance of adequate protection with qualifications review of the applicant
license for a nuclear power plant under respect to early site permit activities. for a manufacturing license will not add
part 52, the construction permit and Ordinarily, an early site permit significant regulatory value to justify the
operating license are issued authorizes no activities, unless the early cost of such a review.
simultaneously (i.e., are merged into a site permit application requested Section 50.33(g) currently addresses
‘‘combined license’’ under Part C of part authority to conduct the activities radiological emergency response plans
52). This is consistent with Section permitted under § 50.10(e)(1). The NRC for State and local government entities
185.b of the AEA, which provides the has determined that no safety finding that must be submitted in applications
NRC with explicit statutory authority to per se is necessary to authorize the for operating licenses. The proposed
combine a construction permit and an licensee to conduct these activities; the rule would make a conforming change
operating license for a nuclear power NRC’s review of a § 50.10(e)(1) to ensure that applicants for combined
plant into a single combined license. application is focused on siting and licenses must also submit this
The NRC notes that § 50.23 does not environmental matters. information, as well as applicants for
preclude the NRC from combining a With respect to a standard design early site permits who decide under
construction permit and operating approval, the argument applies with § 52.17(b)(2)(iii) to seek NRC review and
license with respect to production even more force, inasmuch as a design approval of complete emergency plans.
facilities or utilization facilities other approval authorizes no activities of any Section 50.33(k) currently requires
than nuclear power plants under kind, and the finality associated with a applicants for operating licenses to
Section 161.h of the AEA. design approval is significantly less provide a report, as described in § 50.75,
b. Section 50.30, Filing of application; than for an early site permit. The NRC indicating how reasonable assurance
oath or affirmation. Section 50.30 concludes that no regulatory purpose that funds will be available for the
establishes the NRC’s general appears to be served by a financial decommissioning process will be
procedural requirements on filing of qualifications review for early site provided. The proposed rule would
applications for licenses (including permits and standard design approvals. make a conforming change to add a
construction permits) for production The NRC believes that there is little reference to combined licenses. The
and utilization facilities. The NRC additional regulatory value in requiring content of this report, reflecting the
proposes to make conforming changes a financial qualifications review for a unique considerations of a combined
throughout § 50.30 to include necessary manufacturing license. While it is true license, is addressed separately in the
references to part 52 processes other that a lack of sufficient financial NRC’s proposed revision to § 50.75.
than design certification (Part H of part resources could result in inadequate d. Section 50.34, Contents of
2 governs the filing of standard design manufacture of a reactor, under the construction permit and operating
certification applications), viz., early NRC’s proposed concept of a license applications; technical
site permits, combined licenses, manufacturing license under subpart F information. The NRC is proposing to
standard design approvals, and of part 52, each manufactured reactor retitle § 50.34 from Contents of
manufacturing licenses. In addition, cannot be operated until ITAAC applications; technical information to
§ 50.30(a) would be revised to ensure specified in the manufacturing license Contents of construction permit and
that the submission requirements are successfully completed by the operating license applications; technical
governing applications (and licensee authorized to construct the information. Section 50.34(a) currently
provides the requirements for the complexity of the requirements in this appendix O to 10 CFR part 52, section
technical contents of an application for paragraph, § 50.34(f) would be amended O.3, explicitly requires applicants for
a stationary power reactor construction to indicate that each applicant for a design approvals to include the
permit, design certification or combined design certification, design approval, or applicable technical information
license, and § 50.34(b) provides the combined license under part 52 of this required by § 50.34a. Finally, current
requirements for the technical contents chapter must demonstrate compliance appendix M to 10 CFR part 52, section
of an application for a stationary power with any technically relevant portions M.1, states that the provisions in part 50
reactor operating license application. of the requirements in § 50.34(f)(1) applicable to construction permits apply
However, the current version of 10 CFR through (3), rather than repeating the in context, with respect to matters of
part 52 provides requirements for design requirements in each of the relevant radiological health and safety,
certification and combined license sections in part 52. environmental protection, and the
applications that are not consistent with e. Section 50.34a, Design objectives common defense and security, to
the current version of § 50.34. For for equipment to control releases of manufacturing licenses. Therefore, new
example, the current § 52.47 states that radioactive material in effluents— provisions in § 50.34a(d) are proposed
an application for design certification nuclear power reactors; and Section to address the applicable requirements
must contain the technical information 50.36a, Technical specifications on for combined license applications that
which is required of applicants for effluents from nuclear power reactors. parallel the requirements for an
construction permits and operating Section 50.34a currently requires that operating license application. New
licenses by part 50 which is technically construction permit and operating provisions in § 50.34a(e) are proposed to
relevant to the design and not site- license applications include a address the applicable requirements for
specific. This would encompass description of the equipment and applications for design approvals,
requirements in both §§ 50.34(a) and (b). procedures for the control of gaseous design certifications, and manufacturing
Also, current § 52.79 states that and liquid effluents and for the licenses to include: (1) a description of
applications for combined licenses must maintenance and use of equipment the equipment for the control of gaseous
contain the technically relevant installed in radioactive waste systems. and liquid effluents and for the
information required of applicants for Section 50.34a also requires these maintenance and use of equipment
an operating license by 10 CFR 50.34, applications to include an estimate of installed in radioactive waste systems;
which are found in § 50.34(b). In (1) the quantity of each of the principal and (2) an estimate of the quantity of
addition to the requirements for radionuclides expected to be released each of the principal radionuclides
technical information in §§ 50.34(a) and annually to unrestricted areas in liquid expected to be released annually to
(b), §§ 50.34(c) through (h) provide effluents produced during normal unrestricted areas in liquid effluents
requirements for the contents of reactor operations; and (2) the quantity produced during normal reactor
licensing applications related to security of each of the principal radionuclides of operations, and the quantity of each of
plans, compliance with Three Mile the gases, halides, and particulates the principal radionuclides of the gases,
Island (TMI) related requirements, expected to be released annually to halides, and particulates expected to be
combustible gas control, and unrestricted areas in gaseous effluents released annually to unrestricted areas
conformance with the Standard Review produced during normal reactor in gaseous effluents produced during
Plan. Finally, the Commission notes that operations. In addition, § 50.34a normal reactor operations.
the subject of contents of an application requires a general description of the
is an administrative matter, rather than provisions for packaging, storage, and f. Section 50.36, Technical
a strictly technical matter. Therefore, shipment offsite of solid waste specifications. Section 50.36(a)
these administrative requirements for containing radioactive materials currently requires that each applicant
part 52 processes are more properly resulting from treatment of gaseous and for a license authorizing operation of a
located in part 52, rather than in § 50.34. liquid effluents and from other sources. production or utilization facility include
To provide maximum clarity in the Section 50.34a would be amended to in its application proposed technical
requirements for the content of each of clarify its applicability to the 10 CFR specifications in accordance with the
the different types of licensing part 52 licensing and approval requirements of § 50.36. The existing
applications, the NRC proposes to revise processes. Section 50.34a currently language in § 50.36(a) encompasses
§ 50.34 to make it applicable to applies to combined licenses by virtue combined license applicants. However,
construction permit and operating of the provision in current § 52.83, applicants for design certification are
license applications only and to provide Applicability of Part 50 provisions, also required to include proposed
separate sections for the technical which states that all provisions of 10 technical specifications in their
contents of applications for the other CFR part 50 and its appendices applications by virtue of the provision
types of licenses or regulatory approvals applicable to holders of construction in current § 52.47(a)(1)(i) stating that an
in 10 CFR part 52 (early site permits in permits and operating licenses also application for design certification must
§ 52.17, design certifications in § 52.47, apply to holders of combined licenses. contain the technical information
combined licenses in § 52.79, design Current applicants for design required of applicants for construction
approvals in § 52.137, and certification are also required to include permits and operating licenses by 10
manufacturing licenses in § 52.157). In the information required by § 50.34a in CFR part 50 that is technically relevant
its proposed revisions to 10 CFR part 52, their applications by virtue of the to the design and not site-specific.
the NRC has brought forward the provision in current § 52.47(a)(1)(i), Similarly, applicants for design
requirements from § 50.34 that are which states that an application for approvals are also required to include
applicable to each of the licensing and design certification must contain the proposed technical specifications in
approval processes in 10 CFR part 52. technical information which is required their applications by virtue of the
One exception to this structure is the of applicants for construction permits provision in current appendix O,
provisions in § 50.34(f) related to and operating licenses by 10 CFR part section O.3, which states that the
compliance with TMI related 50 which is technically relevant to the submittal for review of a standard
requirements. Due to the length and design and not site-specific. Current design shall include the applicable
technical information under §§ 50.34 (a) construction permit, whether so stated conforming references to the additional
and (b), as appropriate. therein or not. The existing language in licensing processes issued under 10 CFR
Section 50.36 would be revised to § 50.37 encompasses early site permit, part 52 that are applicable to these
clarify that design approval and design combined license, and manufacturing standards.
certification applications must also license applicants under 10 CFR part 52 b. Section 50.43, Additional standards
include proposed technical because these products are all licenses. and provisions affecting class 103
specifications. The new proposed However, the NRC proposes to modify licenses and certifications for
provisions in § 50.36(c) would require § 50.37 to encompass applicants for commercial power. The text and
each applicant for a design approval or design certification and for standard heading of this section would be revised
a design certification to include design approvals under 10 CFR part 52 to clarify that certain additional
proposed generic technical for consistency with the proposed standards and provisions for class 103
specifications in its application for the changes to 10 CFR part 25, Access licenses apply to applications for
portion of the plant that is within the Authorization for Licensee Personnel. combined licenses, design certifications,
scope of the design approval or design Part 25 sets forth the Commission’s and manufacturing licenses issued
certification application. requirements governing the grant of under part 52, in addition to
g. Section 50.36a, Technical access authorization to classified applications for construction permits
specifications on effluents from nuclear information to certain individuals, and and operating licenses issued under part
power reactors. Section 50.36a(a) the Commission is proposing 50. Section 50.43(e) would be added to
currently requires each licensee of a modifications to part 25 to reflect the clarify that the requirements to
nuclear power reactor to include licensing and regulatory approval demonstrate new safety features by
technical specifications to keep releases processes in part 52. Accordingly, the testing, which were previously set forth
of radioactive materials to unrestricted Commission proposes to make in part 52, apply to applicants for
areas during normal conditions, consistent changes to § 50.37. The operating licenses issued under part 50
including expected occurrences, as low proposed § 50.37 would require that an and applicants for combined licenses,
as is reasonably achievable. The existing applicant for a license, construction design certifications, and manufacturing
language in § 50.36a(a) encompasses permit, design certification, or design licenses issued under part 52. This
combined license holders. However, approval under part 52 agree in writing amendment would conform to the goal
applicants for design certification are that it will not permit any individual to of having reactor safety requirements in
also required to include proposed have access to or any facility to possess part 50 and procedural requirements in
technical specifications on effluents in Restricted Data or classified National part 52. Only the requirements in
their applications by virtue of the Security Information until the § 50.43(e) apply to applications for
provision in current § 52.47(a)(1)(i) individual and/or facility has been design certification. Refer to the generic
which states that an application for approved for access under the discussion on testing requirements for
design certification must contain the provisions of 10 CFR parts 25 and/or 95. advanced reactors in Section IV.B of this
technical information which is required Proposed § 50.37 would also require document.
of applicants for construction permits that this agreement be part of the c. Section 50.45, Standards for
and operating licenses by 10 CFR part application and be deemed part of the construction permits, operating licenses,
50 which is technically relevant to the license, or construction permit, or NRC and combined licenses. This section
design and not site-specific. Section standard design approval whether so would be revised to clarify that the
50.36a(a) would be amended to state stated therein or not. The NRC proposes standards for authorizing construction
that each licensee of a nuclear power to modify § 52.54, Issuance of standard or alteration of a facility also apply to
reactor and each applicant for a design design certification, to include a new applications for combined licenses
certification will include technical provision which requires that every issued under part 52.
specifications to keep releases of standard design certification rule issued d. Section 50.46, Acceptance criteria
radioactive materials to unrestricted contain a provision that states that, after for emergency core cooling systems for
areas during normal conditions, the Commission has adopted the final light-water nuclear power reactors.
including expected occurrences, as low standard design certification rule, the Section 50.46(a)(3) contains reporting
as is reasonably achievable. applicant will not permit any individual requirements for changes to or errors in
The NRC is proposing to make to have access to or any facility to emergency core cooling systems (ECCS)
conforming changes to appendix I to 10 possess Restricted Data or classified evaluation models. The proposed rule
CFR part 50. These proposed changes National Security Information until the would add conforming references to
parallel the proposed changes to individual and/or facility has been design approvals, design certifications,
§§ 50.34a and 50.36a. approved for access under the and licenses issued under part 52 so
h. Section 50.37, Agreement limiting provisions of 10 CFR parts 25 and/or 95. that the NRC will be notified of changes
access to Classified Information. Section The NRC believes that these proposed to or errors in acceptable evaluation
50.37 currently requires that a license or changes, along with the proposed models that were used in licenses,
construction permit applicant agree in changes to parts 25 and 95, are certifications, and approvals issued
writing that it will not permit any necessary to ensure that access to under part 52.
individual to have access to or any classified information is adequately e. Section 50.47, Emergency plans,
facility to possess Restricted Data or controlled by all entities applying for Section 50.54(gg), and Appendix E to
classified National Security Information NRC licenses, design certifications, or part 50, Emergency planning and
until the individual and/or facility has design approvals. preparedness for production and
been approved for access under the utilization facilities. Section 50.47 and
provisions of 10 CFR parts 25 and/or 95. 4. Standards for Licenses, Certifications, Appendix E to 10 CFR part 50 contain
Current § 50.37 also requires that this and Approvals emergency planning requirements for
agreement be part of the application for a. Section 50.40, Common standards. nuclear power plants. These regulations
a license or construction permit and that This section sets forth standards for do not clearly address early site permit
the agreement of the applicant shall be issuance of a license. Sections 50.40(a), or combined license applicants or
deemed part of the license or (b), and (c) would be revised to add holders. Accordingly, the NRC proposes
to make a number of changes in these to authorize fuel loading and operation. for a combined license, the first full
regulations. Section 50.47(a)(1) The NRC will make its determination by participation exercise must be
currently states that no initial operating judging whether the licensee has met conducted within 2 years of the
license for a nuclear power reactor will the acceptance criteria in the combined scheduled date for initial loading of fuel
be issued unless a finding is made by license for the inspections, tests, and and operation under § 52.103. Paragraph
the NRC that there is reasonable analyses related to the conduct of the F.2.a.ii also requires that, if the first full
assurance that adequate protective first full or partial participation exercise participation exercise is conducted
measures can and will be taken in the under paragraph IV.F.2.a of appendix E more than 1 year before the scheduled
event of a radiological emergency, and to part 50. Proposed § 50.54(gg) states date for initial loading of fuel and
that no finding under § 50.47 is that if, following the conduct of the operation under § 52.103, an exercise
necessary for issuance of a renewed exercise required by paragraph IV.F.2.a which tests the licensee’s onsite
nuclear power reactor operating license. of appendix E to part 50, FEMA emergency plans must be conducted
Section 50.47(a)(1) would be revised to identifies one or more deficiencies in within 1 year before the scheduled date
include combined licenses in these the state of offsite emergency for initial loading of fuel and operation
applicability statements. A new preparedness, the holder of a combined under § 52.103. The NRC further
§ 50.47(a)(1)(ii) would be added to license may operate at up to 5 percent proposes that, if FEMA identifies one or
include similar requirements for early of rated thermal power only if the more deficiencies in the state of offsite
site permit applicants that submit Commission finds that the state of emergency preparedness as the result of
complete and integrated emergency onsite emergency preparedness provides the first full participation exercise, or if
plans. reasonable assurance that adequate the NRC finds that the state of
Section 50.47(c)(1) provides a process protective measures can and will be emergency preparedness does not
for operating license applicants that fail taken in the event of a radiological provide reasonable assurance that
to meet the applicable standards of emergency. Proposed § 50.54(gg) would adequate protective measures can and
§ 50.47(b). Section 50.47(c)(1) would be also provide the standards by which the will be taken in the event of a
revised to clarify that this process is NRC will base such a finding. radiological emergency, the provisions
applicable to combined license of § 50.54(gg) will apply, as previously
Appendix E to part 50 would be
applicants as well. discussed.
Section 50.47(d) currently provides revised to conform to the changes
that no NRC or Federal Emergency proposed for §§ 50.47 and 50.54. The A new paragraph IV.F.2.a.iii would be
Management Agency (FEMA) review, introduction to Appendix E to part 50 added to appendix E to part 50 to
findings, or determinations concerning states that each applicant for an require that, if the applicant has an
the state of offsite emergency operating license is required by operating reactor at the site, an exercise,
preparedness or the adequacy of and § 50.34(b) to include in the final safety either full or partial participation, be
capability to implement State and local analysis report plans for coping with conducted for each subsequent reactor
or utility offsite emergency plans are emergencies. The NRC proposes to add constructed on the site. This exercise
required before issuance of an operating a parallel statement for combined may be incorporated in the exercise
license authorizing only fuel loading or license applicants, and to add a requirements of paragraphs (2)(b) and
low-power testing and training (up to 5 statement that an early site permit (2)(c) of section IV.F. If FEMA identifies
percent of the rated power). Section applicant may submit emergency plans. one or more deficiencies in the state of
50.47(d) further states that a license Similar modifications are proposed in offsite emergency preparedness as the
authorizing fuel loading and/or low- Section III of Appendix E to part 50 result of this exercise for the new
power testing and training may be regarding the content of final safety reactor, or if the NRC finds that the state
issued after a finding is made by the analysis reports and early site permit of emergency preparedness does not
NRC that the state of onsite emergency applications. In Section IV of Appendix provide reasonable assurance that
preparedness provides reasonable E to part 50, Content of Emergency adequate protective measures can and
assurance that adequate protective Plans, the NRC proposes to modify will be taken in the event of a
measures can and will be taken in the paragraph F.2.a, to address combined radiological emergency, the provisions
event of a radiological emergency and licenses in addition to operating of § 50.54(gg) would apply just as they
provides the standards by which the licenses. Paragraph F.2.a currently do for the first reactor at a site. This new
NRC will base such a finding. A new provides requirements regarding the provision is desirable because of the
§ 50.47(e) would be added to provide conduct of full participation exercises nature of ITAAC for emergency
essentially parallel provisions for a and states that a full participation preparedness requirements. The
combined license holder by stating that exercise shall be conducted within 2 emergency preparedness ITAAC,
a combined license holder may not load years before the issuance of the first specifically ITAAC that will be
fuel or operate except as provided in operating license for full power of the demonstrated through an exercise,
accordance with appendix E to part 50 first reactor. Paragraph F.2.a also provide the necessary reasonable
and, because of the nature of the requires that, if the full participation assurance for programs and facilities
combined license process, the NRC exercise is conducted more than 1 year associated with the yet-unbuilt reactor.
proposed new § 50.54(gg) that would before issuance of an operating licensee Recent agreements between the NRC
add a condition to all combined for full power, an exercise which tests and external stakeholders on emergency
licenses. This is necessary to account for the licensee’s onsite emergency plans preparedness ITAAC are based on the
the fact that the combined license will shall be conducted within 1 year before understanding that ITAAC on the
already be issued at the time of the first issuance of an operating license for full emergency preparedness exercise would
full or partial participation exercise. power. The NRC proposes to designate serve to demonstrate various aspects of
The NRC’s findings regarding the state the requirements for operating licenses emergency preparedness (e.g., programs
of emergency preparedness for a as paragraph F.2.a.i, and to add a new and facilities) that did not warrant their
combined license holder will be taken paragraph F.2.a.ii that contains the own specific/detailed ITAAC. For
into account in the NRC’s review under requirements for combined licenses. example, there is no ITAAC for
§ 52.103(g), when it determines whether Proposed paragraph F.2.a.ii states that, determining whether an adequate
staffing roster exists for the technical h. Section 50.54, Conditions of Section 50.54(gg), and appendix E to
support center or emergency offsite licenses; and Section 50.55, Conditions part 50, Emergency planning and
facility, but its existence and adequacy of construction permits, early site preparedness for production and
could be demonstrated during an permits, combined licenses, and utilization facilities.’’
exercise. Therefore, appendix E to part manufacturing licenses. Section 50.54 Although the NRC generally views
50 requirements for emergency sets forth various provisions that are § 50.55 as the appropriate section in part
preparedness exercises must be deemed to be conditions ‘‘in every 50 for specifying the conditions
included for the current concepts license issued,’’ while § 50.55 sets forth applicable to construction permits and
regarding emergency preparedness the provisions deemed to be conditions part 52 processes analogous to
ITAAC to be viable. With regard to of every construction permit. In making construction permits, the NRC does not
subsequent reactors, those aspects of an the conforming changes to these believe that all of the conditions in
exercise which address currently regulations to reflect part 52, the NRC § 50.55 should apply equally to all of
untested (i.e., unexercised) aspects of has decided to maintain this dichotomy. the part 52 processes. Accordingly, the
emergency preparedness for the Conditions applicable to part 52 introductory text to § 50.55 would be
proposed new reactor must be processes which are either licenses or revised to specify which paragraphs
addressed in new emergency prerequisites to licenses, and do not apply to a construction permit, early site
preparedness ITAAC for the subsequent address activities analogous to permit, combined license, and
reactor. If various generic exercise- construction for which a construction manufacturing license.
related aspects of emergency permit license is required under the Sections 50.55(a) and (b) would be
preparedness for the site have been AEA, are proposed to be addressed in revised to require a combined license
previously addressed and satisfied, then § 50.54. By contrast, conditions and manufacturing license to state the
there would be no ITAAC for those applicable to part 52 processes which earliest and latest dates for completion
emergency preparedness aspects for address construction activities, or of construction or modification, and to
subsequent reactors. activities analogous to construction for provide for forfeiture of the combined
which a construction permit license is license or manufacturing license if
The NRC also proposes to modify
required under the AEA, are proposed construction, manufacture, or
section V of appendix E to part 50,
to be covered in § 50.55. Combined modification is not completed by the
Implementing Procedures, which states
licenses represent a special case, stated date. In the case of a
that no less than 180 days before the
inasmuch as they address both manufacturing license, the license
scheduled issuance of an operating
construction and operation. The NRC would be required to state the earliest
license for a nuclear power reactor or a
proposes to address combined licenses and latest date of manufacture for each
license to possess nuclear material, the
by placing the conditions applicable to reactor. The NRC believes that Section
applicant’s detailed implementing
construction in § 50.55, which would 185.a of the AEA requires that a
procedures for its emergency plan shall
indicate that these conditions are construction permit state the earliest
be submitted to the Commission. and latest date for completion of
Paragraph V also requires that licensees applicable until the date that the NRC
authorizes fuel load and operation construction, and applies to a combined
submit any changes to the emergency license because a combined license
plan or procedures to the NRC within 30 under § 52.103. Conditions which are
applicable during operation would be includes the authority granted under a
days of these changes. The NRC construction permit. The NRC believes
set forth in § 50.54, and indicate that
proposes to clarify that paragraph V is that the 1992 amendment of Section
these conditions are applicable on the
also applicable to combined license 185.b of the AEA addressing combined
date that the NRC authorizes fuel load
holders by stating that they must submit licenses did not supercede and render
and operation under § 52.103.
their detailed implementing procedures The introductory paragraph of § 50.54 nugatory the provisions of § 50.54a. The
for their emergency plans to the NRC no would be revised to refer to combined NRC believes that the provisions of
less than 180 days before the date that licenses, and to exclude manufacturing Section 185 of the AEA do not apply to
the Commission authorizes fuel load licenses from its provisions. Section a manufacturing license, inasmuch as a
and operation under § 52.103. 50.54(a)(1) would be revised to indicate manufacturing license is not, per se, a
f. Section 50.48, Fire protection. that the quality assurance (QA) construction permit. Nonetheless,
Section 50.48(a)(1) would be revised to requirements applicable to operation, as because a manufacturing license
clarify that holders of an operating described in a combined license authorizes activities which are
license issued under part 50 and a holder’s SAR, become effective 30 days analogous to those in a construction
combined license issued under part 52 before the scheduled date for the initial permit, it makes sense from a regulatory
must have a fire protection plan. Section loading of fuel. standpoint to treat manufacturing
50.48(a)(4) would be added to clarify The NRC proposes to revise § 50.54(i– licenses similar to construction permits.
that applications for design approvals, 1) to indicate its applicability to Section 50.55(c) makes the conditions
design certifications, and manufacturing combined licenses. Specifically, in § 50.54 also apply to construction
licenses issued under part 52 must meet § 50.54(i–1) would require that within permits, unless otherwise modified. The
the fire protection design requirements three months after the date that the NRC proposes to retain this paragraph
set forth in General Design Criterion 3 Commission makes the finding under and add a reference to combined
of appendix A to part 50. § 52.103(g) for a combined license, the licenses. Manufacturing licenses would
g. Section 50.49, Environmental licensee shall have in effect an operator not be referenced, because there does
qualification of electric equipment requalification program that must, as a not appear to be any regulatory need to
important to safety for nuclear power minimum, meet the requirements of apply any of the conditions in § 50.54 to
plants. Section 50.49(a) and (k) would § 55.59(c) of this chapter. manufacturing licenses.
be revised to clarify that these The NRC proposes to add § 50.54(gg). Section 50.55(e) addresses the
programmatic requirements apply to These revisions are discussed with obligation of holders of construction
applicants for and holders of operating related requirements in section IV.D.4.f permits and their contractors and
licenses issued under part 50 and of this Federal Register document, subcontractors, to report defects
combined licenses under part 52. ‘‘Section 50.47, Emergency plans, constituting a substantial safety hazard.
These requirements, which implement requirements can be found in Section application is subject to the conditions
Section 206 of the ERA, as amended, are IV.D.12.b, ‘‘Appendix B to Part 50— in §§ 50.55a(a), (b)(1), (b)(4), (c), (d), (e),
comparable to the requirements in 10 Quality Assurance Criteria for Nuclear (f)(3), and (g)(3), which are the
CFR part 21. As discussed with respect Power Plants and Fuel Reprocessing provisions related to nuclear power
to the NRC’s proposed changes to part Plants.’’ facility design.
21, the NRC proposes to retain the i. Section 50.55a, Codes and j. Section 50.59, Changes, tests, and
current regulatory structure, whereby standards. Section 50.55a currently experiments. This section presents a
persons and entities engaged in provides requirements relating to codes change process for information
activities constituting construction (and and standards for construction permits contained in the FSAR. Section 50.59(b)
their contractors and subcontractors) are and operating licenses for boiling or would be revised to clarify that this
subject to § 50.55(e), and persons and pressurized water-cooled nuclear power change process is applicable to holders
licensees who are authorized to operate facilities. The proposed rule would of operating licenses issued under part
a nuclear power plant (and their amend § 50.55a to clarify how the 50 and combined licenses issued under
contractors and subcontractors) are regulations in § 50.55a apply to part 52. If the combined license
subject to part 21. Inasmuch as a approvals, certifications, and licenses references a design certification rule,
combined license under part 52 issued under 10 CFR part 52. Section then the information in the design
authorizes both construction and 50.55a currently applies to combined control document is controlled by the
operation, a combined license holder licenses by virtue of the provision in change process in the applicable design
would be subject to the reporting current § 52.83, Applicability of part 50 certification rule. Section 50.59(d)(2)
requirements in § 50.55(e) from the date provisions, which states that all would be revised to conform the
of issuance of the combined license provisions of 10 CFR part 50 and its frequency that summary reports are
until the Commission makes the finding appendices applicable to holders of submitted for holders of combined
under § 52.103. Thereafter, the construction permits and operating licenses with the frequency set forth in
combined license holder would be licenses also apply to holders of the design certification rules. Section
governed by the reporting requirements combined licenses. Also, § 50.55a 50.59(d)(3) would be revised to clarify
in part 21. The manufacture of a nuclear currently applies to design certifications that the requirement for maintaining
power reactor under a manufacturing by virtue of the provision in current records applies to holders of operating
license is the functional equivalent of § 52.48, Standards for review of licenses issued under part 50 and
construction (albeit limited to the applications, which states that design combined licenses issued under part 52.
reactor as opposed to the entire facility certification applications will be k. Section 50.61, Fracture toughness
in the case of a construction permit or reviewed for compliance with the requirements for protection against
combined license). Accordingly, the standards set out in 10 CFR part 50 as pressurized thermal shock events. This
NRC’s view is that the holder of a it applies to applications for section would be revised to clarify that
manufacturing license should be subject construction permits and operating the fracture toughness requirements
to reporting under § 50.55(e). Standard licenses for nuclear power plants, and apply to an operating license for a
design approvals under proposed as those standards are technically pressurized water reactor issued under
subpart E (current appendix M to part relevant to the design proposed for the part 50 or a combined license for a
52) and design certifications under facility. Although current appendix O to pressurized water reactor issued under
subpart B of part 52 are not directly part 52 does not explicitly require 10 CFR part 52.
associated with construction, and the applicants for design approvals to l. Section 50.62, Requirements for
NRC believes that their reporting should comply with the requirements of reduction of risk from anticipated
be addressed under part 21. § 50.55a, the NRC is proposing to transients without scram (ATWS) events
Accordingly, the NRC proposes to revise require design approval holders to for light-water-cooled nuclear power
§ 50.55(e)(1) to provide that the comply with § 50.55a because the NRC plants. Paragraph (d) of § 50.62 provides
reporting requirements in § 50.55(e) believes that the requirements for a implementation requirements for the
apply to a holder for a combined license design approval should be the same as requirements of the section. This
(until the NRC makes the finding under the requirements for design paragraph would be revised to indicate
§ 52.103(g)), and a manufacturing certification, given that the reviews that these implementation requirements
license under part 52. As discussed performed by the NRC staff for the two only apply to light-water-cooled nuclear
below in section J on part 21, early site products are essentially identical. power plant operating licenses issued
permits do not authorize ‘‘construction’’ Finally, current appendix M to part 52, before the effective date of this final
or its functional equivalent. Therefore, section M.1, states that the provisions in rule. The proposed § 50.62 would
early site permits would be subject to part 50 applicable to construction require each light-water-cooled nuclear
the requirements of part 21 rather than permits apply in context, with respect to power plant operating license
§ 50.55(e) under the proposed rule. matters of radiological health and safety, application submitted after the effective
Section 50.55(f) sets forth the NRC’s environmental protection, and the date of this final rule to submit
requirements with respect to common defense and security, to information in its final safety analysis
compliance with the QA requirements manufacturing licenses. Therefore, the report demonstrating how it will
in 10 CFR part 50, appendix B, and NRC proposes to modify § 50.55a to comply with paragraphs (c)(1) through
implementation of the construction state that each combined license for a (c)(5) of § 50.62. Similarly, the
permit holder’s QA program as utilization facility is subject to the Commission is proposing to add
described in its SAR. Comparable conditions in § 50.55a, but is only provisions to §§ 52.47, 52.79, 52.137,
provisions applicable to holders of subject to the conditions in §§ 50.55a(f) and 52.157 requiring that applicants for
operating licenses are contained in and (g) after the NRC makes the finding standard design certifications, combined
§ 50.54(a); requirements governing the under § 52.103. The proposed licenses, standard design approvals, and
SAR’s description of the QA program modifications to § 50.55a also state that manufacturing licenses include this
are contained in § 50.34. A detailed each manufacturing license, design information in their final safety analysis
discussion of all changes related to QA approval, and design certification reports.
m. Section 50.63, Loss of all permits, and early site permits. It is not a ‘‘facility.’’ Finally, some licenses
alternating current power. Conforming common for applicants to perform (e.g., early site permits and
changes would be made to this section activities related to NRC regulations manufacturing licenses) may either be
to clarify that the requirements for before issuance of the license or permit terminated by the NRC, or ‘‘expire’’ as
station blackout apply to applications for which they are applying and it has a matter of law at the end of their term.
for construction permits, combined been the NRC’s practice to inspect these Accordingly, the NRC proposes to
licenses, design approvals, design activities whenever they are performed. amend § 50.71(c) to establish the records
certifications, manufacturing licenses, Therefore, the proposed modification to retention period and to properly refer to
and operating licenses. require that the inspection requirements manufacturing licenses, early site
n. Section 50.65, Requirements for in § 50.70(a) apply to applicants is permits, and construction permits.
monitoring the effectiveness of simply a codification of the NRC’s Section 50.71(e) establishes the
maintenance at nuclear power plants. current practices. updating requirements for the FSAR,
This section presents the requirements Section 50.70(b)(1) currently requires including the information that must be
for a maintenance program at nuclear that each licensee and each holder of a included in each update. The current
plants. Section 50.65(a) would be construction permit provide rent-free regulation, however is deficient in two
revised to clarify that holders of office space for the exclusive use of NRC respects. First, it does not address the
operating licenses issued under part 50 inspection personnel. The current updating requirements for combined
and combined licenses issued under language in this provision encompasses license holders where the combined
part 52 must have a maintenance combined license holders and license references a standard design
program. Section 50.65(c) would be manufacturing license holders. Section certification. Second, the current
revised to specify that for new licenses 50.70(b)(2) provides requirements regulation, if applied to manufacturing
issued after the effective date of this regarding the space to be provided for licenses as proposed under subpart F,
regulation, the maintenance program a site with a single power reactor facility would impose unnecessary regulatory
must be implemented before the initial licensed under 10 CFR part 50 and for burden with respect to periodic
fuel loading of the reactor. sites containing multiple power reactor updating. The NRC’s concept of a
units. The NRC proposes to revise manufacturing license under subpart F
5. Inspections, Records, Reports,
§ 50.70(b)(2) to clarify that these is for a relatively stable, unchanging
Notifications
requirements also apply to sites for design. Hence, there should be no need
a. Section 50.70, Inspections. Section combined license holders under 10 CFR for periodic updating. Rather, the
50.70(a) currently requires that each part 52 and to facilities issued updating should occur only as the result
licensee and each holder of a manufacturing licenses under 10 CFR of Commission-approved changes to the
construction permit allow inspection, part 52. design.
by duly authorized representatives of b. Section 50.71, Maintenance of Accordingly, the NRC proposes to
the Commission, of its records, records, making of reports. Section amend § 50.71(e) to specify the FSAR
premises, activities, and of licensed 50.71 establishes the NRC’s updating requirements for combined
materials in possession or use, related to requirements for maintenance and license holders where the license
the license or construction permit as retention of records and reports, and references a standard design
may be necessary to effectuate the updating of FSARs. Section 50.71(a) certification. In addition, current
purposes of the AEA. The existing currently requires each licensee and § 50.71(f) would be redesignated as
language in § 50.70(a) encompasses each holder of a construction permit to § 50.71(g), and add a new § 50.71(f),
combined license holders and maintain all records and make all addressing the FSAR update
manufacturing license holders because reports as may be required by license, or requirements for a manufacturing
they are licensees. In addition, the by the NRC’s regulations. The current license. Proposed § 50.71(f) would
provision in current § 52.83, language does not apply to non- require the holder of the manufacturing
Applicability of part 50 provisions, licensees, such as holders of standard license to update the FSAR to reflect
states that all provisions of 10 CFR part design approvals and applicants for any modifications to the design of the
50 and its appendices applicable to standard design certifications, even reactor authorized to be manufactured
holders of construction permits and though it would appear that these which have been approved by the NRC
operating licenses also apply to holders requirements should apply. under proposed § 52.171, or any new
of combined licenses. Also, current Accordingly, the NRC proposes to analyses requested to be performed by
section M.1 of appendix M to part 52, modify § 50.71(a) to make its provisions the NRC. Periodic updating of a FSAR
states that the provisions in part 50 applicable to holders of standard design for a manufacturing license is not
applicable to construction permits apply approvals and all applicants for design required by § 50.71(f), inasmuch as the
in context, with respect to matters of certification during the period of NRC NRC’s concept for a manufacturing
radiological health and safety, consideration of the application for license is for the design of the reactor
environmental protection, and the design certification, and those authorized to be manufactured to be
common defense and security, to applicants for design certification whose stable with no changes except as
manufacturing licenses. The proposed designs are certified via rulemaking in specifically approved by the NRC as
rule would amend § 50.70(a) to clarify accordance with subpart B of 10 CFR necessary for adequate protection to
that these inspection requirements also part 52. public health and safety or common
apply to holders of early site permits Section 50.71(c) specifies that the defense and security, or to ensure
under 10 CFR part 52. An early site default record retention period (i.e., the compliance with the NRC’s
permit is a partial construction permit period that applies if a record retention requirements in effect at the time of
and therefore should be subject to the period is not specified by the regulation issuance of the manufacturing license.
same inspection requirements as a requiring the record) ends when the The provision in § 50.71(f) requiring the
construction permit. In addition, the NRC ‘‘terminates the facility license.’’ A FSAR for a manufacturing license to be
NRC is proposing to clarify that the manufacturing license is not a ‘‘facility’’ updated to reflect new safety analyses
inspection requirements also apply to license, inasmuch as subpart F is required by the NRC is analogous to the
applicants for licenses, construction limited to the manufacture of reactors, existing updating requirement in
§ 50.71(e). This assures that new address the licensing process associated license, who does not intend to operate
analyses performed to demonstrate the with a combined license under part 52. the reactor being manufactured to
continuing adequacy of the unchanged For example, requiring the combined provide funding. Accordingly, a
manufactured reactor design are license applicant to comply with the conforming change is proposed for
appropriately reflected in the FSAR. current requirement in § 50.75(b)(1) that §§ 50.33(k) and 50.75(a) to exclude the
c. Section 50.73, Licensee event report the operating license applicant submit a applicants for and holders of
system. Section 50.73 currently requires copy of the financial instrument manufacturing licenses under part 52
holders of operating licenses under part obtained to satisfy the requirements of from compliance with the requirements
50 for nuclear power plants to submit § 50.75(e), would in essence place a of that section.
licensee event reports (LERs) on the more stringent requirement on the
occurrence of certain operating events to 6. US/IAEA Safeguards Agreement
combined license applicant inasmuch as
the NRC. LERs facilitate the NRC’s it would be required to fund a. Section 50.78, Installation
oversight of operating nuclear power decommissioning assurance at an earlier information and verification. Since
plants, by alerting the NRC to the date as compared with the operating 1980, the United States International
occurrence and underlying causes of license applicant. To address these Atomic Energy Agency (IAEA)
events having potential safety discrepancies, the NRC proposes to Safeguards Agreement has allowed
implications. The NRC’s regulatory revise §§ 50.75(b) and 50.75(e)(1) to IAEA inspection and verification
interest in these events also extends to address decommissioning funding activities at U.S. facilities that the IAEA
nuclear power plants operating under a assurance for combined licenses. Under selects from the U.S. Eligible Facilities
combined license under subpart C of the proposed rule, the combined license List. The safeguards agreement is
part 52, but the current language does applicant must submit a implemented under the Nuclear Non-
not impose the LER requirement on decommissioning report as required by Proliferation Treaty, which provides
combined license holders. Accordingly, § 50.33(k), but it need not provide a assurance that all nuclear materials
in a conforming change, the NRC financial instrument to fund declared to be in peaceful use are not
proposes to extend the LER reporting decommissioning or to submit a copy to diverted to potential use in nuclear
requirements to holders of combined the NRC. Instead, under proposed explosives. Although 10 CFR part 75
licenses under part 52 after the § 50.75(b)(1) and (4), the combined contains most of the NRC requirements
Commission has made the finding under license must contain a certification that intended to implement the installation,
§ 52.103(g). The proposed rule does not inspection, and verification provisions
the financial assurance would be
extend the LER requirement to other of the Safeguards Agreement with IAEA,
provided no later than 30 days after the
part 52 processes for similar reasons, § 50.78 currently requires each holder of
NRC publishes notice in the Federal
viz., the events to be reported under the a construction permit to submit certain
Register under § 52.103(a). Following
existing rule concern events which can information on Form N–71, permit
the issuance of a combined license, the
only occur upon fuel load and verification by representatives of the
holder must submit, by March 31 of
operation, and the remaining part 52 IAEA, and take any other action
each year until the date that the NRC
licensing and regulatory approval necessary to implement the Safeguards
authorizes fuel load under § 52.103(g),
processes do not authorize fuel load or Agreement. Inasmuch as combined
an updated certification of the
operation. licenses authorize construction of a
information required by paragraph nuclear power plant at a fixed site, the
d. Section 50.75, Reporting and
(b)(1). No later than 30 days after the provisions of § 50.78 should also apply
recordkeeping for decommissioning
Commission publishes notice in the to a holder of a combined license under
planning. The requirements in § 50.75
Federal Register under § 52.103(a), the part 52. Accordingly, the NRC proposes
are intended to ensure that entities who
construct and ultimately operate a holder is required to submit a to revise § 50.78 to specify that holders
nuclear power plant will have sufficient certification that financial assurance is of combined licenses must, if requested
funds at the end of the operational life being provided in the relevant amount by the NRC, submit installation
of the plant to complete the together with a copy of the financial information on Form N–71, permit
decommissioning of the plant. In brief, instrument obtained to satisfy the verification of that information by the
§ 50.75 currently requires a nuclear requirements of § 50.75(e). Once IAEA, and take other action as may be
power plant operating license authorization to load fuel and operate is necessary to implement the Safeguards
application to: (i) address the predicted provided to the license holder under Agreement, in the manner set forth in
costs of decommissioning; (ii) describe § 52.103, the combined license holder is § 75.6, and §§ 75.11 through 75.14.
the method(s) for adjusting the cost subject to the reporting and updating
requirements as an operating license 7. Transfers of Licenses—Creditors’
prediction throughout the life of the
holder under part 50, including the Rights—Surrender of Licenses
plant to address the effects of inflation;
and (iii) provide financial assurance by requirements applicable when the plant a. Section 50.80, Transfer of licenses.
one of the alternatives specified in the is within 5 years of the projected end of Section 50.80 implements Sections 101
regulation, and to submit evidence that operation. and 184 of the AEA, which require
one or more of these means has been The § 50.75 decommissioning funding Commission approval for the transfer of
established. The regulation also requirements could be interpreted as a license for a production or utilization
establishes a requirement to update the applying to an applicant for, and holder facility, including a nuclear power
cost estimates for decommissioning, and of a manufacturing license under part reactor. Section 50.80(a) explicitly refers
to describe any adjustments to the 52. The NRC did not have such intent to transfers of a ‘‘license for a
amount of funds collected annually to when it adopted § 50.75. A production or utilization facility
reflect any changes in projected manufacturing license by itself does not * * *,’’ which would include
decommissioning cost. authorize either fuel load or operation, construction permits under part 50, as
The current requirements are directed which are the activities necessitating the well as all licenses and permits issued
at the two phase construction permit expenditure of funds for under part 52. However, to explicitly
followed by operating license patterns decommissioning. Therefore, there is no recognize the applicability of § 50.80(a)
in part 50, and are not well-suited to need for a holder of a manufacturing to both permits under parts 50 and 52
and all licenses under part 52, § 50.80(a) upon issuance, if the NRC finds that the explicitly addressing the Commission’s
would be revised to explicitly refer to amendment involves no significant authority.
permits under parts 50 and 52, and hazards consideration. The NRC
10. Backfitting
licenses under part 52. proposes to amend § 50.92(c) to clarify
b. Section 50.81, Creditor regulations. that, consistent with Section 189 of the a. Section 50.109, Backfitting. The
Section 50.81 implements Section 184 AEA, the NRC may make a no backfit rule provides certain protection
of the AEA, which requires the consent significant hazards consideration to licensees against changes in the NRC
of the Commission for the creation of determination for amendments of requirements and NRC staff positions on
any mortgage, pledge or other lien upon combined licenses and manufacturing those requirements. The backfitting
any Commission-licensed facility or licenses under part 52. Combined provisions in § 50.109 currently apply to
special nuclear material. To ensure that licenses are explicitly mentioned in standard design approvals, construction
the reach of § 50.81 is as broad as the Section 189.a.(2)(A) of the AEA with permits, and operating licenses, see
statutory requirement, the NRC respect to immediate effectiveness § 50.109(a)(1)(i)–(iv), but do not address
proposes to revise the definition of following a Commission determination combined licenses, or manufacturing
license and facility. The definition of of a no significant hazards licenses. Part 52 contains special
license in this section would be revised consideration. In addition, a combined backfitting requirements on early site
to explicitly refer to all licenses under license merges into a single license the permits, design certification rules, but
10 CFR, and early site permits under authority otherwise contained in a neither § 50.109 or part 52 currently
part 52. The definition of facility would construction permit and an operating address backfitting of a combined
be revised to add a new paragraph license, and the language of Section license, although the NRC recognizes
which would explicitly refer to an early 189.a.(1)(A) of the AEA which refers to that backfitting restraints for an early
site permit under part 52, and a reactor both amendments of construction site permit and a design certification
manufactured under a manufacturing permits and operating licenses also rule would apply to a combined license
license under part 52. applies to amendments of combined referencing either or both. To address
licenses. these gaps in backfitting, and to clarify
8. Amendment of License or the application of special backfitting
Finally, § 50.92(a) would be revised to
Construction Permit at Request of provisions, the Commission is
provide that a separate application for a
Holder proposing to revise § 50.109(a)(1) by
construction permit is not required even
a. Section 50.90, Application for where a holder of a combined license or establishing the date that backfitting
amendment of license or construction a manufacturing license must seek a protection begins for a manufacturing
permit; Section 50.91, Notice for public license amendment because of a license, a construction permit for a
comment; State consultation; and material alteration. There is no safety or duplicate design license, and a
Section 50.92, Issuance of amendment. regulatory benefit in requiring the combined license. Moreover, with
Sections 50.90, 50.91, and 50.92 govern licensee to concurrently obtain a new respect to a part 50 construction permit,
the procedures and criteria for NRC construction permit in addition to a a part 50 operating license, and a part
consideration and issuance of license amendment, inasmuch as NRC 52 combined license, the proposed rule
amendments to licenses and review of the alteration is assured. would reference the specific backfitting
construction permits. The regulations restrictions that apply if an early site
do not clearly address early site permits, 9. Revocation, Suspension,
Modification, Amendment of Licenses permit, standard design approval, or
combined licenses or manufacturing standard design certification rule is
licenses. Accordingly, the NRC proposes and Construction Permits, Emergency
Operations by the Commission referenced, or if a nuclear power reactor
to make a number of changes in these manufactured under a part 52
regulations. a. Section 50.100, Revocation, manufacturing license is used.
Section 50.90 provides that applicants suspension, modification of licenses,
for amendment of a license or permits, and approvals for cause. 11. Enforcement
construction permit must file their Section 50.100 authorizes the NRC to a. Section 50.120, Training and
application with the NRC as described suspend, modify or revoke any license qualification of nuclear power plant
in § 50.4, following the form prescribed or construction permit issued under part personnel. This section sets forth the
for the original application. Although 50 for any material false statement in requirements for training and qualifying
the term, license, as proposed to be the application for the license or permit, nuclear power plant personnel. The
amended in § 50.2 would include or because of any statement in any NRC proposes a conforming amendment
combined licenses, manufacturing report, record, inspection, or condition to add applicants for and holders of
licenses, and early site permits under revealed by the application, or by other combined licenses as being subject to
part 52, § 50.92 would be revised to means, which would warrant the NRC this provision.
explicitly refer to these part 52 licenses to refuse to grant a license on an original
to eliminate any confusion with respect application, or for failure to construct or 12. Appendices
to the applicability of this section to operate a facility in accordance with the a. Appendix A to part 50—General
part 52 licenses. A similar change is applicable license or permit. While this design criteria for nuclear power plants.
made in the introductory paragraph of language applies to early site permits, The first paragraph of the Introduction
§ 50.91. combined licenses and manufacturing to appendix A to part 50 would be
Sections 50.92 and 50.91(a)(4) licenses, by virtue of their status as revised to clarify that the general design
implement the Commission’s authority licenses under the AEA, it does not criteria in appendix A to part 50 apply
under Section 189 of the AEA to clearly apply to standard design to applications for combined licenses,
dispense with the advance publication approvals as these are not licenses. design approvals, design certification,
of a Federal Register document Nonetheless, the Commission possesses and manufacturing licenses, as well as
requesting a hearing with respect to authority to modify, suspend or revoke for construction permits. Also, General
license amendments, and to make the regulatory approvals. Accordingly, Design Criterion (GDC) 19 of appendix
operating license and combined license the Commission proposes to revise A to part 50 sets forth requirements for
amendments immediately effective § 50.100 by adding a new paragraph (b) a main control room in a nuclear power
plant. The NRC proposes to clarify that QA for operation is governed by Early site permits are considered
the radiation protection requirements in § 50.54(a). Because a combined license partial construction permits; therefore,
GDC 19 for applications filed after under part 52 authorizes both the Commission believes that they
January 10, 1997, apply to design construction and operation, a combined should be subject to the QA
approvals and manufacturing licenses license holder should be subject to the requirements of appendix B to part 50.
issued under part 52, in addition to QA requirements in § 50.55(f) from the Section 52.39, with certain specific
design certifications and combined date of issuance of the combined license exceptions, requires the Commission to
licenses. until the Commission makes the finding treat matters resolved in an early site
b. Appendix B to part 50—Quality under § 52.103(g) that allows the permit proceeding as resolved in
assurance criteria for nuclear power licensee to load fuel and operate. making findings for issuance of a
plants and fuel reprocessing plants. Thereafter, the combined license holder construction permit, operating license,
Appendix B to part 50 states that every should be governed by the QA or combined license. Because of this
applicant for a construction permit is requirements in § 50.54(a). The finality, conclusions made during the
required to include in its preliminary manufacture of a nuclear power reactor early site permit phase will be relied
safety analysis report a description of under a manufacturing license is the upon for use in subsequent design,
the quality assurance program to be functional equivalent of construction. construction, fabrication, and operation
applied to the design, fabrication, Accordingly, the NRC proposes to revise of a reactor that might be constructed on
construction, and testing of the § 50.55(f) to refer to holders of the site for which an early site permit
structures, systems, and components manufacturing licenses under part 52. is issued. Therefore, the Commission
(SSCs) of the facility and every Early site permits under subpart A believes that the level of quality used to
applicant for an operating license is precede construction and are considered control activities related to safety-
required to include, in its FSAR, partial construction permits. Hence the related SSCs should be equivalent in the
information pertaining to the managerial NRC believes that they should be early site permit and combined license
and administrative controls to be used subject to QA under § 50.55(f). phases. For these reasons, applicants
to assure safe operation. The NRC must apply quality controls to each
Appendix B to part 50 is currently
proposes to revise appendix B to part 50 early site permit activity associated with
applicable to combined licenses under
to clarify that these requirements also the generation of design information for
the provisions of § 52.83, Applicability
apply to early site permits, design safety-related SSCs that meet the criteria
of part 50 provisions, which states that
approvals, design certifications, in appendix B to part 50. Therefore, the
combined licenses, and manufacturing all provisions of 10 CFR part 50 and its
Commission proposes to modify
licenses under 10 CFR part 52. appendices applicable to holders of
appendix B to make it applicable to
Specifically, the introduction to operating licenses also apply to holders
early site permits.
appendix B would state that every of combined licenses. Appendix B to c. Appendix C to part 50—A guide for
applicant for a combined license is part 50 currently applies to design the financial data and related
required by the provisions of § 52.79 to certifications by virtue of the provision information required to establish
include in its final safety analysis report in current § 52.48, Standards for review financial qualifications for construction
a description of the quality assurance of applications, which states that design permits, combined licenses, and
program to be applied to the design, certification applications will be manufacturing licenses.
fabrication, construction, and testing of reviewed for compliance with the The title of Appendix C to part 50
the SSCs of the facility and to the standards set out in 10 CFR part 50 as would be revised. Section 182.a of the
managerial and administrative controls they apply to applications for AEA requires an applicant for a license
to be used to assure safe operation. The construction permits and operating for a production or utilization facility to
introduction would also state that, for licenses for nuclear power plants, and submit information in its application
applications submitted after the as those standards are technically * * * as the Commission, regulation,
effective date of the final rule, every relevant to the design proposed for the may determine to be necessary to decide
applicant for an early site permit is facility. Appendix O to part 52, section such of the technical and financial
required by the provisions of § 52.17 to O.3, requires applicants for design qualifications of the applicant * * * as
include in its site safety analysis report approvals to include the information the Commission may deem appropriate
a description of the quality assurance required by §§ 50.34(a) and (b), as for the license.’’ The NRC has long
program applied to site activities related appropriate, and states that the determined the need for non-utility
to the design, fabrication, construction, information required by § 50.34(a)(7) (a applicants for nuclear power plant
and testing of the SSCs of a facility or description of the quality assurance construction permits and operating
facilities that may be constructed on the program and a discussion of how the licenses to establish their financial
site. Finally, the introduction would applicable requirements of appendix B qualifications, see 10 CFR 50.33(f), and
state that every applicant for a design to part 50 will be satisfied), shall be has set forth the specific information on
approval, design certification, or limited to the QA program to be applied financial qualifications to be provided
manufacturing license is required by the to the design, procurement and by applicants for construction permits
provisions of §§ 52.137, 52.47, and fabrication of the SSCs for which design in appendix C to part 50. Inasmuch as
52.157, respectively, to include in its review has been requested. Appendix B holders of combined licenses under part
final safety analysis report a description to part 50 currently applies to 52 are authorized to perform the same
of the quality assurance program to be manufacturing licenses by virtue of the construction activities with respect to a
applied to the design, fabrication, provision in current appendix M to part nuclear power plant as a holder of a
construction, and testing of the SSCs of 52, section M.1, which states that the construction permit under part 50, the
the facility. provisions in part 50 applicable to NRC believes that applicants for
The NRC proposes to maintain the construction permits apply in context, combined licenses should be subject to
current regulatory structure for with respect to matters of radiological the requirements of appendix C to part
requirements that implement Appendix health and safety, environmental 50.
B whereby QA for construction protection, and the common defense With the exception of manufacturing
activities is governed by § 50.55(f), and and security, to manufacturing licenses. licenses, none of the other regulatory
processes under part 52, e.g., early site waste systems. In addition, Section II remove appendices M and O from 10
permits, standard design certifications, would be revised to state that the guides CFR part 50. Appendix M addresses
and standard design approvals, on design objectives set forth in Appendix M provides for issuance of a
authorize any activities constituting Appendix I may be used by an applicant license authorizing the manufacture of a
‘‘construction’’ under the AEA and the for a combined license as guidance in nuclear power reactor to be
Commission’s regulations.3 Therefore, meeting the requirements of § 50.34a(d) incorporated into a nuclear power plant
the proposed rule does not refer to early or by an applicant for a design approval, under a construction permit and
site permits, design certifications, or a design certification, or a operated under an operating license at
design approvals under part 52. With manufacturing license as guidance in a different location from the place of
respect to a reactor manufacturing meeting the requirements of § 50.34a(e). manufacture. Appendix O addresses the
license, the NRC does not believe that Finally, Section IV would be revised to early review of site suitability issues.
a financial qualifications review is state that the guides on limiting These appendices were transferred to 10
necessary for several reasons. A conditions for operation for light-water- CFR part 52 when it was first issued (54
financial qualifications review at the cooled nuclear power reactors in FR 15372; April 18, 1989). However, the
manufacturing license stage would Appendix I may be used by an applicant NRC failed to remove those appendices
appear to be redundant to the financial for an operating license or a design from 10 CFR part 50, though the NRC
qualifications review that is already certification or combined license, or a
intended to do so (see 54 FR 15385;
necessary at the construction permit and licensee who has submitted a
April 18, 1989).
operating license stages, or combined certification of permanent cessation of
license stage. Sufficient safety and operations under § 50.82(a)(1) or h. Appendix S to part 50—Earthquake
quality assurance reviews, including the § 52.110 as guidance in developing engineering criteria for nuclear power
use of ITAAC in the case of a combined technical specifications under plants. Appendix S to part 50 provides
license, should be sufficient to address § 50.36a(a) to keep levels of radioactive earthquake engineering criteria for
any adverse impacts on safety as the materials in effluents to unrestricted nuclear power plants and applies to
result of inadequate financial resources areas as low as is reasonably achievable. applicants for a design certification or
to properly manufacture the reactor. f. Appendix J to part 50—Primary combined license under part 52 or a
Furthermore, the NRC notes that reactor containment leakage testing for construction permit or operating license
manufacture of a reactor is, in many water-cooled power reactors. Section under part 50. The proposed rule would
respects, no different than fabrication of 50.54(o) provides a condition for all amend appendix S to part 50 to clarify
components and systems by third party operating licenses for water-cooled that the requirements in appendix S to
vendors, who are not required to obtain power reactors that primary reactor part 50 also apply to applicants for
an NRC license and demonstrate containments must meet the design approvals and manufacturing
financial qualifications. There seems to containment leakage test requirements licenses issued under 10 CFR part 52.
be no regulatory value to mandate a set forth in Appendix J to part 50. These Although current appendix O to part 52
financial qualifications review of test requirements provide for does not explicitly require applicants
manufacturing license applicants, when preoperational and periodic verification for design approvals to comply with the
no such review is conducted by the NRC by test of the leak-tight integrity of the requirements of appendix S to part 50,
for fabricators of nuclear power plant primary reactor containment, and the NRC is proposing to require design
systems and components. systems and components which approval holders to comply with
d. Appendix E to Part 50—Emergency penetrate containment of water-cooled appendix S to part 50 because the NRC
planning and preparedness for power reactors, and establish the believes that the requirements for a
production and utilization facilities. See acceptance criteria for these tests. The design approval should be the same as
discussion in Section IV.D.4.f of this purpose of the tests are to assure that (1) the requirements for a design
Federal Register notice. leakage through the primary reactor
certification, given that the reviews
e. Appendix I to Part 50—Numerical containment systems and components
guides for design objectives and limiting performed by the NRC staff for the two
penetrating primary containment shall
conditions for operation to meet the products are essentially identical.
not exceed allowable leakage rate values
criterion ‘‘as low as is reasonably Finally, current appendix M to part 52,
as specified in the technical
achievable’’ for radioactive material in section M.1, states that the provisions in
specifications or associated bases; and
light-water-cooled nuclear power reactor (2) periodic surveillance of reactor part 50 applicable to construction
effluents. The Commission is proposing containment penetrations and isolation permits apply in context, with respect to
changes to Appendix I that conform to valves is performed so that proper matters of radiological health and safety,
the changes being proposed in §§ 50.34a maintenance and repairs are made environmental protection, and the
and 50.36a. Specifically, a statement during the service life of the common defense and security, to
would be added in Section I that states containment, and systems and manufacturing licenses. Therefore, the
that §§ 52.47, 52.79, 52.137, and 52.157 components penetrating primary Commission proposes to modify the
provide that applications for design containment. The Commission proposes General Information section of appendix
certification, combined license, design to amend appendix J to part 50 to clarify S to part 50 to state that the appendix
approval, or manufacturing license, that these requirements also apply to applies to applicants for a design
respectively, shall include a description combined licenses under 10 CFR part certification, design approval, combined
of the equipment and procedures for the 52, as is currently indicated by § 52.83, license, or manufacturing license under
control of gaseous and liquid effluents Applicability of part 50 provisions, 10 CFR part 52 or a construction permit
and for the maintenance and use of which states that all provisions of 10 or operating license under 10 CFR part
equipment installed in radioactive CFR part 50 and its appendices 50. The NRC also proposes conforming
applicable to holders of operating changes to the Introduction, paragraph
3 Although early site permit applicants may seek
licenses also apply to holders of (a) to appendix S to part 50, and
the authority to conduct activities allowed under 10 proposes to add definitions for design
CFR 50.10(e)(1) (but not activities allowed under
combined licenses.
§ 50.10(e)(3), see § 52.17(c)), these activities are not g. Appendices M and O to part 50 approval and manufacturing license to
considered ‘‘construction.’’ [Removed]. The proposed rule would Section III, Definitions, of appendix S to
part 50, consistent with the definitions 3. Section 2.100, Scope of Part application, as reflected in §§ 52.24,
in proposed part 52. This section would be revised by 52.97, and 52.167, for early site permits,
adding conforming references to combined licenses, and manufacturing
E. Proposed Change to 10 CFR Part 1
issuance of a standard design approval licenses, respectively. The NRC notes
Section 1.43, Office of Nuclear Reactor under subpart E of part 52. that manufacturing licenses do not, per
Regulation se, authorize construction of a nuclear
4. Section 2.101, Filing of Application power plant. Therefore, a mandatory
Section 1.43 describes the
responsibilities of the Office of Nuclear This section is revised by adding hearing for a manufacturing license is
Reactor Regulation (NRR), which conforming references to combined not required under Section 189.a.(1)(A)
includes the development and licenses, early site permits and standard of the AEA. The NRC proposes to
implementation of regulations, policies, design approvals. The Commission provide a mandatory hearing as a matter
programs and procedures for the receipt, notes that the former language of § 2.101 of discretion, in large part because the
possession or ownership of source, already applied to combined licenses, as NRC has never issued a manufacturing
byproduct and special nuclear material well as early site permits, inasmuch as license of the type contemplated in
that is used or produced at nuclear they are both licenses. Nonetheless, as proposed subpart F of part 52. Once the
power plants. Inasmuch as power plants discussed in the discussion on § 2.4, the NRC has gained experience in the
may be licensed under part 52 as well definitions of ‘‘license’’ and ‘‘licensee’’ issuance of manufacturing licenses and
as part 50, § 1.43(a)(2) would be revised have been revised to explicitly refer to their oversight, the NRC may in the
to clarify that NRR has authority over early site permits. future remove the requirement for a
the development and implementation of mandatory hearing associated with a
5. Section 2.102, Administrative Review manufacturing license.
regulations, policies, programs and of Application
procedures for the receipt, possession or Section 2.104(e) currently requires the
ownership of source, byproduct and This section would be revised by NRC to transmit a notice of a hearing on
special nuclear material that is used or adding conforming references in an initial application of a license for a
produced at nuclear power plants § 2.102(a) to applications for early site production or utilization facility to an
licensed under part 52. In addition, a permits, standard design approvals, and appropriate State official and the chief
combined licenses and manufacturing executive of the municipality or county
correction has been made to reference
licenses under part 52. Under the in which the facility is to be located or
part 54, to clarify that NRR has the same
revised section, the NRC staff would an activity is to be conducted. As
authority with respect to renewed
establish a review schedule for an previously noted, the NRC proposes
operating licenses for nuclear power
application for these processes, thereby redesignating the § 2.104(e) notice
plants.
treating the applications the same as provisions as § 2.104(m). In addition,
F. Proposed Changes to 10 CFR Part 2 applications for construction permits or § 2.104(m)(1) would be revised to clarify
operating licenses. that the notice would be provided for
1. Section 2.1, Scope
applications for early site permits,
The procedures in 10 CFR part 2 6. Section 2.104, Notice of Hearing combined licenses, but not for
apply to, inter alia, proceedings Section 2.104(a) identifies in general manufacturing licenses. Manufacturing
concerning standard design approvals the content for notices of hearing licenses are excluded from the
and standard design certifications under published in the Federal Register. notification provisions because the NRC
part 52. Moreover, subpart H of part 2 Section 2.104(a) would be revised by is not licensing any particular location
applied to rulemakings. Accordingly, adding conforming references to a or site where manufacturing may occur
the statement of scope for part 2 would combined license and early site permit, (see discussion of the manufacturing
be revised by adding a reference to to indicate that the NRC will provide at license concept in Section II.C.9).
rulemaking and standard design least 30 days notice in the Federal Because part 52 also provides an
approvals. Register of a hearing. opportunity for hearing with respect to
Currently, § 2.104(b) establishes the its finding under § 52.103, the NRC
2. Section 2.4, Definitions minimum content of the notice of proposes to place the language in
The definitions of contested (mandatory) hearing for a construction § 2.104(e)(2) in § 2.104(m)(3), and to add
proceeding, license, and licensee, would permit, and § 2.104(c) establishes the § 2.104(m)(2) which indicates that
be revised in part 2 by adding minimum content of the notice of notice of opportunity for hearing will be
conforming references, as appropriate, opportunity for hearing for an operating provided to the appropriate State
to the licensing processes in part 52. license under part 50. The NRC believes official, and the chief executive of the
The revised definition of contested that there is some benefit, in terms of municipality or county as applicable.
proceeding would clarify that contested public transparency and regulatory
proceedings include those involving efficiency and consistency, in 7. Section 2.105, Notice of Proposed
permits, such as early site permits and establishing the minimum content for Action
construction permits. The revised notices of hearing for part 52 licensing Section 2.105 contains the NRC’s
definition of license, would ensure that processes. Accordingly, current procedures for notices of proposed
early site permits and construction § 2.104(d) would be redesignated as actions where a hearing is not required
permits, as well as part 52 combined § 2.104(l), and § 2.104(e) would be by law and if the Commission has
licenses and manufacturing licenses, are redesignated as § 2.104(m); new determined that a hearing is in the
considered to be licenses for purposes of §§ 2.104(d), (e), and (f), would be added public interest. Inasmuch as
part 2. Similarly, the definition of to establish the content of notices of amendments to combined licenses and
licensee would be revised to ensure that hearing for early site permits, combined manufacturing licenses do not require a
holders of early site permits and licenses, and manufacturing licenses, mandatory hearing, § 2.105(a)(4) would
construction permits, as well as respectively. Each of these paragraphs is be revised to clarify that the procedures
combined licenses and manufacturing modeled on the notice of hearing for in § 2.105 also apply to applications for
licenses, are considered to be licensees construction permit, but modified to amendments of combined licenses and
for purposes of part 2. reflect the criteria for determining the manufacturing licenses.
Under current § 52.103(a), the NRC 9. Section 2.109, Effect of Timely matter) agrees with the presiding officer,
publishes in the Federal Register a Renewal Application that the issue represents a serious safety,
notice of intended operation and an Section 2.109 would be revised to add environmental, or common defense and
opportunity to request a hearing with conforming references to a combined security matter. Paragraphs (b), (f) and
respect to compliance of the facility license under subpart C of part 52. The (g) set forth the Commission’s
with inspections, tests, and acceptance revised language would clarify that an provisions governing the immediate
criteria in a part 52 combined license. application for a combined license filed effectiveness of initial decisions on
Accordingly, the NRC proposes to revise no later than 5 years before its issuance or amendment of construction
§ 2.105 by adding § 2.105(a)(12) which expiration will not be deemed to have permits and operating licenses. There
addresses the notice required by expired until the renewal application are several apparent inadequacies with
§ 52.103(a). Finally, because the has been finally determined. this section with respect to part 52.
Commission’s authorization for a First, § 2.340(a) does not reflect the
combined license holder to operate 10. Section 2.110, Filing and limits to the presiding officer’s authority
under § 52.103 does not constitute Administrative Action on Submittals for to decide issues that are not contested,
‘‘issuance’’ of a license or amendment Standard Design Approval or Early and are not within the limited scope of
under § 2.106, § 2.105(b)(3) is added Review of Site Suitability Issues hearings with respect to ITAAC under
indicating that the Commission will In a conforming change, §§ 2.110(a) § 52.103(g), and the procedure for
publish a notice of intended operation and (b) would be revised to refer to challenges to ITAAC under § 52.103(f).
that identifies the proposed Agency subpart E of part 52 and appendix Q of Second, paragraphs (b) and (f), read
action as making the finding under part 50. Section 2.110(c) would be literally, do not apply to either an early
§ 52.103(g). corrected by adding § 2.110(c)(2) to site permit proceeding (which is a
8. Section 2.106, Notice of Issuance address the procedures applicable to partial construction permit), and
administrative determinations of paragraphs (f) and (g) do not apply to
Section 2.106(a) currently provides submittals for early review of site issuance of a combined license (which
that the NRC will publish in the Federal suitability issues; currently, paragraph constitutes both a construction permit
Register a notice of issuance of a license (c) only refers to standard designs. and operating license). Finally, the
or amendment of a license where a language of this section does not
notice of proposed action has been 11. Section 2.111, Prohibition of Sex
Discrimination address the immediate effectiveness of
previously published, and notice of the Commission’s finding under
amendment of a nuclear power plant This section prohibits sex § 52.103(g) that a combined license’s
license. However, this section does not discrimination against certain persons ITAAC have been met.
require publication of the document in with respect to, inter alia, a license
the Federal Register that the Accordingly, the Commission
under the AEA. This section would be proposes to revise § 2.340 to address
Commission has made the finding under revised to include standard design
§ 52.103(g). The NRC proposes to revise early site permits and combined
approvals under part 52, and petitions licenses. The Commission proposes to
§ 2.106(a) to require publication of such for rulemaking, including an application
document in the Federal Register. simplify the title of this section, which
for a design certification under part 52.
The NRC also proposes to establish in the Commission regards as an editorial
§ 2.106(b)(2), the minimum 12. Section 2.202, Orders change. A new paragraph (a–1) would
requirements for the contents of such This section would be revised by be adopted to reflect the procedure in
notice, viz., the manner in which copies redesignating § 2.202(e) as § 2.202(e)(1), § 52.103(f) with respect to consideration
of the safety analyses, if any, may be and adding §§ 2.202(e)(2) through (5), to of issues not related to meeting
obtained and examined, and a finding indicate the backfitting provisions in acceptance criteria in ITAAC. Paragraph
that the prescribed inspections, tests, part 52 applicable to the various (b) would be revised by adding
and analyses have been performed and licensing processes under part 52. No references to early site permits, issuance
that the acceptance criteria prescribed provisions were deemed necessary to or amendment of combined licenses,
in the combined license have been met, address issuance of orders representing and a decision under § 52.103(g) that
and that the license complies with the backfitting of NRC approvals such as acceptance criteria in an ITAAC for a
requirements of the AEA and the NRC’s standard design approvals. These combined license have been met. An
regulations. These provisions are the approvals, by themselves, do not editorial change is made to the last
same as the existing requirements with authorize third party action. Therefore, sentence of § 2.340(b) to make clear that
respect to notices of issuance for any agency action to condition their use Commission review provisions of
licenses and license amendments, but would not require an NRC order to the § 2.341 are not applicable where the
adds the requirements with respect to holder of a standard design approval. Commission itself is acting as the
ITAAC mandated by Section 185 of the presiding officer.
AEA and part 52. The NRC disagrees 13. Section 2.340, Initial Decisions; Paragraph (c) would be revised to
with the contention raised by the Immediate Effectiveness of Certain make clear that the Director of NRR is
nuclear industry that Section 185 of the Decisions authorized to issue an early site permit
AEA limits the NRC to a finding of Section 2.340, in paragraph (a), and combined license within 10 days of
compliance with respect to ITAAC in currently sets forth the Commission’s the issuance of an initial decision. The
determining whether to authorize fuel provisions governing initial decisions in Commission notes that under part 52,
load and operation for a combined contested proceedings for facility no licensing action by the Director of
license under part 52. Nothing in the operating licenses. Paragraph (a) reflects NRR is necessary following a § 52.103(g)
legislative history suggests that by the Commission’s longstanding finding that the combined license
adopting Section 185 of the AEA, determination that a presiding officer acceptance criteria have been met, in
Congress intended to override the NRC’s shall not address uncontested issues in order for the combined license holder to
long-standing practice of making these operating license proceedings unless the commence fuel load and operation.
findings in connection with all of its presiding officer finds, and the Hence, no change to § 2.340 in this
regulatory and licensing approvals. Commission (upon referral of the regard appears to be necessary.
New paragraphs (e), (h), and (i) would hearing with respect to all part 52 For these reasons, the Commission
be adopted to address immediate processes. proposes to revise § 2.800 to address
effectiveness of initial decisions in early standard design certifications. Section
17. Sections 2.502, 2.503 and 2.504 are
site permit proceedings, combined 2.800 would be revised to delineate
Removed and Reserved
license issuance, and amendment which provisions of subpart H are
proceedings, and the § 52.103(g) finding The matters addressed in these applicable to all petitions for
for a combined license, respectively. sections are addressed with greater rulemaking, and which provisions are
Each paragraph would also describe the specificity in proposed subpart F of part applicable only to initial applications
Commission’s consideration of a 52, consistent with the Commission’s for design certification and applications
presiding officer’s initial decision in proposed concept for manufacturing for amendments to existing design
such proceedings. Paragraph (e) on early licenses and the Commission’s proposed certification rules filed by the original
site permits is modeled after current prohibition on part 50 license applicant (or successors in interest). The
paragraph (f) which covers initial applications referencing the use of title of § 2.800 would be revised to
decisions in construction permit reactors manufactured under a reflect the additional function of this
proceedings. Paragraph (h) is modeled manufacturing license issued under section. Sections 2.811 through 2.819
on current paragraph (g) for issuance subpart F of part 52. would be added to address initial
and amendment of operating licenses, 18. Section 2.800, Scope and applications for design certification as
but with changes to reflect the fact that Applicability well as applications for amendments to
issuance of a combined license does not, existing design certifications filed by the
by itself, allow operation. Paragraph (i) Subpart B of part 52 sets out the original applicant (or successors in
is also modeled on current paragraph requirements applicable to Commission interest), and are based upon §§ 2.101,
(g), but modified to focus on the issuance of regulations granting 2.107, and 2.109. Petitions for
§ 52.103(g) finding. standard design certification for nuclear amendment of existing design
Finally, existing paragraph (h) would power facilities. Standard design certification, which are filed by third
be re-designated as a new paragraph (o), certifications are approved through a parties other than the original applicant
and the intervening paragraphs (j) rulemaking proceeding, and, in concept, for that design certification (or successor
through (n) would be reserved for future the applicant for a design certification in interest), would be treated as an
use to accommodate licensing and may be considered as a petitioner for amending petition for rulemaking under
regulatory procedures that may be rulemaking. However, subpart H of part the provisions of §§ 2.801–2.810.
adopted by the Commission in the 2, which sets forth the Commission’s
procedures governing rulemaking, 19. Section 2.801, Initiation of
future. Rulemaking
including petitions for rulemaking, does
14. Section 2.390, Public Inspections, not specifically address design A conforming change is proposed for
Exemptions, Requests for Withholding certification. Furthermore, based upon § 2.801 to refer to applications for
Section 2.390(a) contains the the Commission’s experience with three standard design certification
Commission’s general rule that NRC final design certification rules and a rulemaking.
records and documents regarding a proposed design certification rule, it is
clear that some of the procedural 20. Section 2.811, Filing of Standard
license, permit or order shall ordinarily Design Certification Application;
be made available to the public, unless requirements applicable to petitions for
rulemaking are not well-suited to the Required Copies
one or more provisions in § 2.390 apply.
This section would be revised to make administrative process for determining a Section 2.811 would be added to
clear that § 2.390 also applies to NRC design certification application, e.g., the clarify the requirements that are related
records and documents regarding existing prohibition against pre- to the filing of applications for standard
standard design approvals under part application consultation with the NRC. design certifications, and derived from
52. These consultations between potential procedural requirements for license
license applicants and the NRC staff are applications located in several different
15. Section 2.500, Scope of Subpart not currently prohibited and indeed are regulations in part 50. Section 2.811(a),
This section would be revised by encouraged by the Commission to which is analogous to § 50.4(a),
adding a conforming reference to enhance NRC resource planning and to identifies the NRC addresses where an
subpart F of part 52 on manufacturing facilitate early identification and application for a standard design
licenses. resolution of technical and regulatory certification must be filed, and provides
issues. An application for design the requirements for electronic
16. Section 2.501, Notice of Hearing on certification is more like a license submission of a design certification
Application Under Subpart F of Part 52 application than a traditional petition application. Section 2.811(b), which is
for a License To Manufacture Nuclear for rulemaking, and the current analogous to § 50.30(a)(1) and (3),
Power Reactors prohibition against pre-application provides that a standard design
This section would be revised by consulting appears to be inconsistent certification application must meet the
adding a conforming reference to with the Commission’s strategic written communications requirements
subpart F of part 52 on manufacturing objectives of safety, effectiveness and in § 2.813. Section 2.811(c), which is
licenses. In addition, paragraph (b) of management excellence. The analogous to § 50.30(a)(2), requires the
this section would be revised by Commission also believes, based upon applicant to have the capability to make
removing the detailed requirements its experience, that administrative and supply additional copies of the
governing the content of the notice of provisions ordinarily applied in the application upon NRC request. Section
hearing published in the Federal context of licensing (e.g., docketing and 2.811(d), which is analogous to the
Register, and instead referencing acceptance review, denial of application requirement in § 50.30(a)(4), requires
proposed § 2.104(f). As previously for failure to supply information), the applicant to make a copy of the
discussed, the Commission proposes to should also be available for application updated application for use by any party
consolidate in § 2.104, the requirements as appropriate in its determination of in a hearing conducted under subpart O
governing the content of a notice of design certification applications. of part 2 (a legislative-style hearing).
Section 2.811(e), which addresses pre- 24. Section 2.819, Denial of Application 19 prohibits, on the grounds of sex, the
application consultation with the NRC for Failure to Supply Information exclusion from participation in, or being
staff, provides that the potential New § 2.819 is analogous to § 2.108, subjected to discrimination under any
applicant for a design certification may and states in paragraph (a) that the NRC program or activity licensed by the NRC.
consult with the NRC on the subject may deny an application for a standard The regulatory authority for part 19
matters listed in § 2.802(a)(1)(i) through design certification if the applicant fails stems from Sections 211 and 401 of the
(iii), including the procedure and to respond to an NRC request for Energy Reorganization Act of 1974, as
process for filing and processing an additional information concerning its amended (1974 ERA).
application within 30 days of the The NRC has identified a number of
application for a design certification.
request. Section 2.819(b) provides that weaknesses with the existing regulatory
However, § 2.811(e) also allows the
the NRC will publish in the Federal language in part 19. Currently, part 19’s
prospective standard design regulatory requirements and
certification applicant to consult with Register a document denying the
application. Section 2.819(b) also states proscriptions apply only to licensees
the NRC staff on substantive technical who receive, possess, use or transfer
and regulatory matters relevant to the that the NRC will publish a notice on
the NRC’s Web site denying the material licensed under the NRC’s
design certification; the prohibitions in regulations, including persons licensed
§ 2.802(a)(2) do not apply to these application if the NRC previously
published a notice of receipt of the to operate a production or utilization
consultations. facility under 10 CFR part 50, but do not
application on the NRC Web site.
cover holders of 10 CFR part 52 licenses
21. Section 2.813, Written
G. Proposed Change to 10 CFR Part 10 such as combined licenses, early site
Communications
1. Section 10.1, Purpose; and Section permits, and manufacturing licenses.
New § 2.813 contains procedural and 10.2, Scope Moreover, part 19 applies only to
‘‘housekeeping’’ requirements governing licensees who receive, possess, use or
Part 10, which contains the NRC’s transfer materials licensed under 10
written communications with the NRC, requirements and procedures for
and are derived from analogous CFR parts 30 through 36, 39, 40, 60, 61,
determining eligibility for granting 63, 70 or 72 (including persons licensed
requirements located in several different access to Restricted Data and National to operate a production or utilization
regulations in part 50. Section 2.813(a) Security Information, does not reflect facility under part 50). Thus, the current
is analogous to § 50.4(a). Section the licensing and approval processes in regulations would not appear to address
2.813(b) is analogous to § 50.4(c), and part 52. Accordingly, the NRC proposes discrimination against an employee
sets forth the requirement that written to make several changes to ensure that during ‘‘non-operational’’ activities such
copies be submitted in permanent form there are defined criteria and as manufacturing or construction of a
on unglazed paper. Section 2.813(c) is procedures governing requests for nuclear power plant. Because the NRC’s
analogous to § 50.4(d), and expresses the access to Restricted Data and National regulatory scheme relies upon the
Commission’s preference that the upper Security Information by individuals proper design, manufacture, siting, and/
right corner of the first page of the with respect to a license or approval or construction of a production or
applicant’s submission set forth the under part 52. utilization facility; discrimination
specific regulation or other basis which The NRC proposes to add § 10.1(a)(3) against an employee at any of these
instigated the written communication. which refers to the eligibility of stages could have significant adverse
individuals for employment with NRC public health and safety or common
22. Section 2.815, Docketing and licensees and applicants, and holders of defense and security implications and
Acceptance Review standard design approvals under part effects. One would therefore expect that
52, and revise § 10.2(b) to refer to part 19 would apply to such non-
New § 2.815 is analogous to standard design approvals under part 52 operational activities. Finally, part 19
§ 2.101(a)(2), and permits the NRC to and applicants for consultants (to applies only to a ‘‘licensee’’ and
conduct a review to determine whether address the provision of services activities authorized by a ‘‘license,’’ see,
the application is complete (i.e., associated with design approvals, who e.g., §§ 19.1, 19.2, 19.11, 19.20, 19.32,
addresses all matters specifically may not be ‘‘employees’’ per se). and does not extend to part 52’s non-
required by NRC regulation to be licensing regulatory approvals, i.e.,
addressed in an application) and H. Proposed Changes to 10 CFR Part 19
standard design approvals and standard
acceptable for docketing. Section Part 19, entitled Notices, Instructions design certifications. Inasmuch as these
2.815(a) provides that the NRC may and Reports to Workers: Inspection and non-licensing activities regulated under
determine, in its discretion, the Investigations, establishes the NRC’s part 52 are not different in kind from the
acceptability for docketing of an requirements for notices, instructions licensing which are currently subject to
application based on the technical and reports to persons participating in part 19 requirements, the NRC
adequacy of the application, not just on NRC licensed and other regulated concludes that they should also be
the completeness of the application. activities. For example, it requires subject to the requirements in part 19.
licensees and applicants for licenses to Accordingly, the NRC proposes to
23. Section 2.817, Withdrawal of post a copy of, inter alia, the regulations amend various provisions in part 19 to
Application in 10 CFR parts 19 and 20, and NRC ensure that its provisions extend to
Form 3. NRC Form 3 provides a applicants for and holders of part 50
New § 2.817 is analogous to § 2.107, statement of rights and responsibilities construction permits, and combined
and addresses the procedures that the to employees with respect to NRC licenses, early site permits and
NRC will follow if a design certification requirements. Part 19 also establishes manufacturing licenses under part 52. In
applicant withdraws its application. the rights and responsibilities of the addition, the NRC proposes to extend
Section 2.817 also provides for a notice NRC and individuals during interviews part 19 to cover applicants for and
of action on the withdrawal on the NRC compelled by subpoena as part of a NRC holders of standard design approvals
Web site if the notice of application was inspection or investigation under and standard design certifications. The
published on the NRC Web site. Section 161.c of the AEA. Finally, part NRC believes that its regulatory
authority under Section 211 and Section design certifications, the NRC proposes conforming reference to facilities
401 of the 1974 ERA is much broader to delineate in § 19.11(b) the applicable licensed under 10 CFR part 52.
than the current scope of part 19. The posting requirements for those
3. Section 20.2203, Reports of
anti-discrimination proscriptions in regulatory processes. Section 19.11(c) is
Exposures, Radiation Levels, and
Section 211 of the ERA apply to any reserved for future Commission use. Concentrations of Radioactive Material
‘‘employer,’’ which the NRC regards as Sections 19.14 and 19.20 would be
Exceeding the Constraints or Limits
including non-licensee entities revised to apply to regulated entities, as
otherwise regulated by the NRC, such as well as licensees. Sections 20.2203(c) and (d) would be
applicants for and holders of standard Section 19.31, governing exemptions revised to add a reference to holders of
design approvals, and applicants for from part 19, would be revised to use combined licenses to the procedures on
standard design certifications.4 The language consistent with § 50.12 and submitting reports.
provisions in Section 401of the ERA, proposed § 52.6. Unlike the current J. Proposed Changes to 10 CFR Part 21
prohibiting sex discrimination apply to regulation, which limits a request for
‘‘any program or activity carried on exemption to a ‘‘licensee,’’ the proposed Part 21 implements the reporting
* * * under any title of this Act.’’ rule would allow ‘‘interested persons,’’ requirements in Section 206 of the ERA.
Accordingly, the NRC concludes that it The proposed part 52 rule published in
as well as licensees to request an
has the authority to extend the current 2003 sets forth the NRC’s proposals as
exemption from one or more provisions
scope of part 19 to address the non- to how Section 206 reporting and,
of part 19. This would allow applicants
licensing regulatory approvals in part therefore, part 21 applicability should
for and holders of non-license
52. be extended to early site permits,
regulatory vehicles in part 52 (standard
To implement the NRC’s proposed standard design certifications, and
design approvals and design
broadening of the scope of part 19, combined licenses. However, the
certifications) to request exemptions
§§ 19.1 and 19.2 would be revised to proposed rule did not address Section
from part 19. The broadened scope of
explicitly refer to: (1) Applicants for and 206 reporting requirements with respect
persons that would be allowed to
holders of licenses and permits under to standard design approvals or
request an exemption is consistent with manufacturing licenses. Moreover, the
part 52; (2) applicants for and holders of most of the exemption provisions
final design approvals; and (3) NRC’s proposals were developed
throughout the NRC’s regulations in without the benefit of the NRC’s in-
applicants for standard design Title 10 of the CFR, including the
certifications. The NRC notes that the depth consideration of the issues as
specific exemption provision in part 50 applied in the context of the early site
existing provision in § 19.2 excluding (i.e., § 50.12).
part 19 from applying to NRC permit applications that are currently
Section 19.32 would be revised to before the NRC. Accordingly, the NRC
employees and contractors remains more closely track the broad scope of
unchanged in the proposed rule. To withdraws its earlier proposal and has
statutory language in Section 401 of the developed a more complete and
provide a convenient term for referring 1974 ERA, which is not limited to
to persons and entities applying for, or integrated proposal on Section 206
licensing, but extends the sex reporting under part 21 and § 50.55(e)
granting non-licensed regulatory discrimination prohibition to ‘‘any
approvals in part 52, as well as any (as discussed previously, § 50.55(e) sets
* * * activity carried on * * * under forth the Section 206 reporting
future regulatory processes, the NRC any title’’ of the ERA. By using the
proposes to amend § 19.3 to the terms, requirements applicable to holders of
statutory language in the proposed rule, construction permits).
regulated activities, and regulated the NRC believes that the regulations
entities. Regulated entities would be Key principles of reporting under
would cover not only the existing non- section 206 of the ERA. The NRC
defined to include (but not be limited license regulatory vehicles in part 52,
to) applicants for and holders of believes that the extension of NRC’s
but any other regulatory approaches that reporting requirements implementing
standard design approvals under the NRC may adopt in the future
subpart E of part 52, and applicants for Section 206 of the ERA to part 52
(Section 401 of the 1974 ERA applies to licensing and approval processes should
standard design certifications under
NRC regulatory activities under the be consistent with three key principles:
subpart B of part 52.
AEA, inasmuch as the 1974 ERA First, NRC regulatory requirements
Section 19.11 establishes
requirements for posting of notices to transferred the AEA regulatory authority implementing Section 206 of the ERA
workers. Because §§ 19.11(a)(2) and from the old AEC to the NRC, see 1974 should be a legal obligation throughout
(a)(4) contain posting requirements ERA, Sec. 104(c)). the entire ‘‘regulatory life’’ of a NRC
which are not relevant to early site I. Proposed Changes to 10 CFR Part 20 license, a standard design approval, or
permits, manufacturing licenses, standard design certification. Second,
standard design approvals, and standard 1. Section 20.1002, Scope reporting of defects or failures to
10 CFR part 20 applies to persons comply with associated substantial
4 The Commission believes that the use of the licensed by the NRC to receive, possess, safety hazards should occur whenever
term, ‘‘includes,’’ in paragraph (a)(2) of Section 211 use, transfer, or dispose of byproduct, the information on potential defects
of the 1974 ERA was not intended to be an would be most effective in ensuring the
exclusive list of the persons and entities subject to source, or special nuclear material or to
the anti-discrimination provisions in that section. operate a production or utilization integrity and adequacy of the NRC’s
The House Report on H.R. 776, which was adopted facility. Accordingly, § 20.1002 would regulatory activities under part 52 and
by Congress as the Energy Policy Act of 1992, states: be revised by adding a conforming the activities of entities 5 subject to the
[Title V] also broadens the coverage of existing
reference to part 52, which sets forth a part 52 regulatory regime. Third, each
whistle blower protection provisions to include entity conducting activities within the
process for licensing a utilization
* * * any other employer engaged in any activity

under the Energy Reorganization Act of the Atomic facility. scope of part 52 should develop and
Energy Act of 1954. implement procedures and practices to
H. Rep. No. 102–474, part 8, 102d Congress, 2d 2. Section 20.1401, General Provisions
Sess., at 78–79 (1992)(emphasis added). There was and Scope 5 Throughout this discussion, reference to
no discussion of the statutory language in the entities, licensees and/or applicants includes the
conference report. H.R. Conf. Rep. No. 102–1018, This section on decommissioning of contractors and subcontractors of those entities,
102d Cong., 2d Sess. (1992). facilities would be revised to add a licensees and/or applicants.
ensure that it fulfills its Section 206 of license, design approval or design § 52.110). As long as a referenced
the ERA reporting obligation in an certification is docketed. Docketing of combined license continues to be
accurate and timely manner. an application marks the start of the effective, the ‘‘regulatory life’’ of a
First principle—Section 206 of the NRC’s formal safety and environmental referenced license, standard design
ERA applies throughout ‘‘regulatory review of the application, and therefore approval, standard design certification,
life.’’ The first principle, that NRC the initiation of the NRC’s need for or a manufactured reactor (as
regulatory requirements implementing accurate and timely information to applicable) must also continue and
Section 206 must extend throughout the support its regulatory review and cannot be deemed to have ended.
entire ‘‘regulatory life’’ of a part 52 approval. However, the NRC cautions Some industry stakeholders have
process, reflects the regulatory pattern that this does not mean that an argued that the NRC’s regulatory
inherent in part 52, whereby certain applicant is without Section 206 interests would be met if reporting
designated licenses or approvals—e.g., responsibilities for pre-application under Section 206 of the ERA were
an early site permit, nuclear power activities. As the NRC staff discussed in limited to the referencing applicant/
reactor manufactured under a a June 22, 2004, letter to NEI licensee, and that there should be no
manufacturing license, or a design (ML040430041) in the context of an ongoing part 21 reporting obligation
certification—are capable of being early site permit, there are two aspects, imposed on the early site permit holder,
referenced in a subsequent nuclear namely, a ‘‘backward looking’’ or original applicant for a standard design
power plant licensing application. retrospective aspect with respect to certification, or holder of a part 52
Under the part 52 regulatory scheme, a existing information, and a ‘‘forward regulatory approval. Under this
referenced NRC approval constitutes the looking’’ or prospective aspect with proposal the referencing applicant and
NRC’s basis for the licensing action respect to future information. The licensee would satisfy its obligation by
within the scope of the prior retrospective obligation is that the early an appropriate contractual provision
Commission approval, and becomes part site permit holder and its contractors, between the referencing applicant/
of the ‘‘licensing basis’’ for that plant. upon issuance of the early site permit, licensee and the entity ‘‘supplying’’ the
However, if Section 206 of the ERA must report all known defects or failures referenced license or regulatory
reflects that effective NRC decision- to comply in ‘‘basic components,’’ as approval. Although this could be a
making and regulatory oversight require defined in part 21. The prospective viable alternative for some combined
accurate and timely information about obligation is that the early site permit licenses, early site permits and standard
defects and failures to comply holder and its contractors must report design approvals, the approach would
associated with substantial safety all defects or failures to comply in basic not be effective in at least three different
hazards, then Section 206 of the ERA components discovered subsequent to contexts. This approach would not
should apply whenever necessary to early site permit issuance. The early site result in reporting of defects to the NRC
support effective NRC decision-making permit holder and its contractors are by the applicant of the early site permit
and regulatory oversight of the required to meet these requirements or standard design certification, which
referencing licenses and regulatory upon issuance of the early site permit, violates the NRC’s second principle
approvals. To put it in different terms, and must continue to meet them (discussed more fully in the next
if the NRC decision that it may safely throughout the term of the early site section). In addition, this approach
issue a license depends in part upon an permit. Accordingly, safety-related would not result in reporting where
earlier NRC safety determination for a design and analysis or consulting
there is no contractual relationship
referenced license, standard design between the combined license
services should be procured and
approval or standard design applicant/licensee and the original
controlled, or dedicated, in a manner
certification, it follows that a safety applicant of the standard design
sufficient to allow the early site permit
issue with respect to the referenced certification. Because the approach
holder and its contractors, as applicable,
license, design approval or design suggested by these stakeholders does
to comply with the above described
certification has safety implications for not satisfy the NRC’s regulatory
reporting requirements of Section 206,
the referencing license or design objectives, it is not adopted.
as implemented by 10 CFR 50.55(e) and One of the original applicants for the
certification, and the continuing validity
part 21. current standard design certifications
of the NRC’s licensing decision. Thus,
the NRC concludes that the need for The NRC believes that the end of stated that any arguable Section 206
Section 206 reporting should not be regulatory life occurs at the later of: (1) requirements must logically end upon
limited to those licenses and approvals The termination or expiration of the expiration of the standard design
under part 52 which are referenced or referenced license, standard design certification, inasmuch as expiration
‘‘relied upon’’ in a subsequent nuclear approval, or standard design marks the end time that the standard
power plant licensing application (viz., certification; or (2) the termination or design certification may be referenced.
early site permits, standard design expiration of the last of the license or The NRC disagrees with this position.
approvals, standard design design certification directly or indirectly Under § 52.55(b) of the current
certifications, and manufacturing referencing the (referenced) license, regulations, a standard design
licenses), but rather should extend to design approval, or design certification. certification continues to be effective in
licenses and approvals that are capable For example, if the NRC approves a a hearing for a combined license or
of being referenced in a future licensing standard design approval, which is operating license docketed before the
application. In other words, they must subsequently referenced in a final expiration date, and in a hearing under
extend until there can be no further standard design certification rule, and § 52.103 for authority to load fuel and
potential safety implications for a that standard design certification is, in operate. At minimum, the original
referencing license or approval. turn referenced in a combined license standard design certification applicant
The NRC believes that the beginning issued by the NRC, the ‘‘end’’ of the should be subject to Section 206
of the ‘‘regulatory life’’ of a referenced regulatory life occurs when the requirements until the proceeding is
license, standard design approval or authorization to operate under the completed. Beyond the minimum
standard design certification under part combined license is terminated requirements, the NRC also believes that
52 occurs when an application for a (ordinarily, under the provisions of the original design certification
applicant’s Section 206 obligations been granted, the NRC believes that may be as long as 15 years from the date
should continue until operation is no immediate reporting of subsequently- of the final rule. Given the substantial
longer authorized in accordance with discovered defects is not necessary in time that may pass between the time of
§ 50.82(a)(2) for the last operating certain circumstances. For those part 52 discovery and the date of reporting, it is
license or combined license referencing processes which do not authorize imperative that the original standard
that standard design certification. The continuing activities required to be design certification applicant develop
NRC believes that the regulatory need licensed under the AEA, but are and implement procedures from the
for information concerning defects in a intended solely to provide early time of effectiveness of the final design
standard design certification continues identification and resolution of issues in certification regulations.
throughout the operating life of a license subsequent licensing or regulatory The result of the third principle,
referencing that design certification; the approvals, the NRC believes that consistent with part 21’s current
relevance of and the NRC’s need for this reporting of defects or failures to requirements, is that licensees, license
information, if subsequently discovered comply associated with substantial applicants, and other entities seeking a
by the original design certification safety hazards may be delayed until the design approval or design certification,
applicant, does not diminish simply time that the part 52 process is first must have contractual provisions with
because the standard design referenced. The NRC’s view is based their contractors, subcontractors,
certification may no longer be upon its determination that a defect consultants and other suppliers which
referenced. with respect to part 52 processes should notify them that they are subject to the
not be regarded as a ‘‘substantial safety NRC’s regulatory requirements on
Second principle—Notification occurs
hazard,’’ because the possibility of a reporting and the development and
when information is needed. The
substantial safety hazard becomes a implementation of reporting procedures.
second principle is focused on ensuring
tangible possibility necessitating NRC This result is currently reflected in
that the NRC, its licensees, and license
regulatory interest only when those part § 21.31; the NRC proposes to add the
applicants receive information on
52 processes are referenced in an corresponding requirement to
defects at the time when the information
application for a license, early site § 50.55(e)(7).
would be most useful to the NRC in Division of implementing
carrying out its regulatory permit, design approval or design
certification. Upon initial referencing, requirements between Part 21 and
responsibilities under the AEA, and to § 50.55(e). Under the Commission’s
the licensee or applicant when engaging the holder (or in the case of a design
certification), the applicant who current regulatory structure, persons
in activities regulated by the NRC. A and entities engaged in construction (or
result of this principle is that reporting submitted the application leading to the
final design certification regulation the functional equivalent of
may be delayed if there is no immediate construction) are subject to reporting
consequence or regulatory interest in must make the necessary notifications to
requirements under § 50.55(e). Persons
prompt reporting, and that delayed the NRC as well as provide final
and entities engaged in all other
reporting will actually occur when engineering. The notification must
activities within the purview of Section
necessary to support effective, efficient, address the period from the Commission
206 of the ERA are subject to the
and timely action by the NRC, its adoption of the final design certification
requirements in part 21 and/or
licensees and applicants. Applying the regulation up to the filing of the
§ 50.55(e). The proposed changes to part
second principle and its result to part 52 application referencing the final design
21 and § 50.55(e) reflect the NRC’s
processes, the NRC believes that certification regulations. Thereafter,
determination to retain this divided
immediate reporting is required notice must be made in the ordinary
regulatory structure. The NRC believes
throughout the period of pendency of an manner. The notification obligation that the only part 52 processes that
application—be it a license, a standard ends when the last license referencing authorize ‘‘construction’’ or its
design approval or a standard design the design certification is terminated. functional equivalent are manufacturing
certification. Allowing an applicant to Third principle—Procedures and licenses and combined licenses before
delay the reporting of a defect would practices must be implemented to the Commission makes the finding
appear to be inconsistent with the ensure accurate and timely reporting. under § 52.103(g). Therefore, the
NRC’s statutory mandate to provide The third principle (viz., each entity proposed reporting requirements with
adequate protection to public health and conducting activities under the purview respect to Section 206 of the ERA for
safety and common defense and of part 52, should develop and manufacturing licenses and combined
security. Even if delayed reporting implement procedures and practices to licenses before the Commission makes
would allow the NRC an opportunity to ensure that the entity accurately and the finding under § 52.103(g) are
modify its prior safety finding with timely fulfils its reporting obligation as contained in § 50.55(e). The
respect to the license, design approval delineated in the NRC’s regulations), is requirements in part 21 apply after the
or design certification, the delayed intended to ensure the effectiveness of Commission makes the finding under
consideration is inconsistent with one each entity’s reporting processes. This is § 52.103(g) for a combined license. Part
of the fundamental purposes of part 52, especially true where there is a potential 21 would be revised to explicitly apply
viz., to provide for early consideration for substantial passage of time between to the remaining part 52 processes, i.e.,
and resolution of issues in a manner the discovery of a defect and the early site permits, standard design
that avoids the potential for delay reporting of the defect, as may be approvals, and standard design
during licensing of a facility. allowed by the NRC consistent with the certifications. Table A–1 provides a
Accordingly, the NRC’s view is that the second principle. For example, summary of the NRC’s proposed
NRC’s reporting requirements following issuance of a final standard applicability of part 21 and § 50.55(e) to
implementing Section 206 of the ERA design certification regulation, if the each of the various approvals under part
must extend to applicants (and their original applicant determines that there 52. The NRC requests comments on
contractors and subcontractors) for all is a substantial safety hazard, that whether the existing division between
part 52 processes (licenses, early site applicant need not report the discovery part 21 and § 50.55(e) should be
permits, design approvals, and design until the time that the design maintained, or whether the substantive
certifications). Once an application has certification rule is referenced—which requirements of § 50.55(e) should be
incorporated into part 21, with concern with respect to its site (e.g., that concerns with respect to its site, or any
§ 50.55(e) (and/or perhaps another the specified site parameter for seismic safety concerns of which it may
regulation in part 50) setting forth a acceleration is less than the projected subsequently become aware (i.e., to be
cross-reference to part 21. Note that one acceleration due to new information), able to report any defects or failures to
of the principal differences between part the concern should be reported to the comply associated with substantial
21 and § 50.55(e) is that NRC so that it may be considered in the safety hazards under part 21) the early
§ 50.55(e)(1)(iii)(C) requires reporting of review of any future application site permit applicant would have to
QA breakdowns in addition to defects referencing the early site permit. This have a program in place for
and failures to comply associated with reporting attains special importance implementing the requirements of 10
substantial safety hazards. The other is given the NRC’s proposal not to impose CFR part 21. The applicant’s program
that the requirement governing an updating requirement for early site
may be inspected by the NRC as part of
commercial grade dedication is only permit information other than that
the application review and approval of
found in part 21. related to emergency preparedness. In
Reporting requirements for early site order for the applicant for an early site the early site permit application would
permits. If the early site permit holder permit to have the capability to report be subject to approval of the part 21
becomes aware of a significant safety to the NRC any known significant safety program.
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 implementing section
Part 52 Licensing or approval processes 206 of the ERA Civil Criminal
Early Site Permit (SDA); Subpart A

Application * .................................................................. part 21 .......................................................................... 21.61 21.62
Issuance of ESP ........................................................... part 21 .......................................................................... 21.61 21.62
Standard Design Approval (SDA); Subpart E
Issuance of SDA ........................................................... part 21 .......................................................................... 21.61 21.62
Standard Design Certification Rule (DCR); Subpart B
Final DCR rulemaking .................................................. part 21 .......................................................................... 21.61 21.62
Combined License (COL); Subpart C
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); Subpart F
Application * .................................................................. 50.55(e) ........................................................................ 50.110 50.111
Issuance of ML ............................................................. 50.55(e) ........................................................................ 50.110 50.111
* Currently, there is no explicit requirement imposing part 21 on an applicant for a construction permit (CP). However, as a practical matter the
NRC has required these applicants to implement a part 21 program before approval of the CP. The Commission proposes to take the same ap-
proach with respect to applicants for a COL, DCR, ESP, FDA, or ML.
Applicability of Part 21 to contractors controlled under an appendix B to part A standard design approval does not
or subcontractors of an ESP applicant or 50 QA program. authorize construction of a nuclear
holder. In accordance with 10 CFR Reporting requirements for standard power plant; it merely constitutes the
21.31, the purchaser of a basic design approvals. A standard design NRC staff’s approval of the design of a
component must state in the nuclear power reactor (or major portion
approval represents the NRC staff’s
procurement documents for the basic thereof). Therefore, the NRC proposes
determination regarding the
component that part 21 is applicable to that the requirements implementing
acceptability of the design for a nuclear
that procurement. As explained above, Section 206 of the ERA, which are
power reactor (or major portions applicable to standard design approvals,
services that are required to support an thereof). Although a standard design be placed in part 21, as opposed to
early site permit application (e.g., approval does not represent the NRC’s § 50.55(e).
geologic or seismic analyses, etc.) that final determination as to the Reporting requirements for standard
are safety-related and could be relied acceptability of the design, it design certification regulations. A
upon in the siting, design, and nonetheless represents a substantial standard design certification represents
construction of a nuclear power plant, expenditure of agency resources in the NRC’s approval by rulemaking of an
are to be treated as basic components as reviewing the design. A standard design acceptable nuclear power reactor
defined in part 21. Therefore, these approval may be referenced in a design, which may then be referenced in
services must be either purchased as subsequent application for a design a subsequent combined license or
basic components, requiring the service certification, construction permit, manufacturing license application.
provider to have an appendix B to part operating license, combined license, or Consistent with the first principle, the
50 QA program, as well as its own part manufacturing license. Accordingly, Commission proposes to impose Section
21 program, or the early site permit consistent with the first principle, the 206 of the ERA reporting requirements
applicant could dedicate the service in NRC proposes to impose requirements on applicants for design certifications,
accordance with part 21 and the implementing Section 206 of the ERA including applicants whose designs are
standard review plan, which requires on applicants for and holders of certified in a final design certification
the dedication process itself to be standard design approvals. rulemaking. As with a standard design
approval, a design certification does not proposes that the requirements manufacturing license. There will be no
actually authorize construction. implementing Section 206 of the ERA interim period similar to a design
Accordingly, the NRC proposes to revise which are applicable to standard design certification where there is no activity
§§ 21.3, 21.21, 21.51, and 21.61 to certifications be placed in part 21, as occurring under the manufacturing
explicitly refer to an applicant for a opposed to § 50.55(e). license. Accordingly, in compliance
standard design certification, rather Reporting requirements for combined with the first and second principles, the
than to revise § 50.55(e). licenses. A combined license authorizes NRC proposes that Section 206 of the
Some industry stakeholders have both construction of a nuclear power ERA requirements should apply
asserted that because there is no plant, and loading of fuel and operation
continuously from the filing of the
‘‘holder’’ or licensee, the NRC is without if the NRC makes the findings specified
application, until the manufacturing
authority under Section 206 of the ERA in § 52.103. As such, the application of
to impose part 21 and/or § 50.55(e) the first and second principles to license expires or is otherwise
evaluation and reporting requirements combined licenses is the most terminated by the NRC.
on applicants for standard design straightforward of all the part 52 A manufacturing license holder
certification. The NRC disagrees with processes. Under the proposed rule, the would essentially be conducting the
this assertion. The statute by its terms NRC’s requirements implementing same activities as a construction permit
does not limit its reach to licensees; Section 206 of the ERA would apply holder, albeit with several differences.6
rather, the statute applies to any throughout the regulatory life of the Nonetheless, the NRC believes that
individual or responsible officer of a combined license, i.e., from docketing of manufacturing is similar to construction
firm ‘‘constructing, owning, operating, the application until termination of the such that the NRC’s requirements
or supplying the components of any combined license. implementing Section 206 of the ERA
facility or activity which is licensed or To maintain the current division which are applicable to manufacturing
otherwise regulated * * *’’ The NRC between § 50.55(e) and part 21 with licenses, should be contained in
believes that an applicant for a standard respect to NRC requirements § 50.55(e). Accordingly, the NRC
design certification, by submitting its implementing Section 206 of the ERA, proposes to revise § 50.55(e) to
application, is constructively the NRC proposes to revise § 50.55(e) to
specifically apply its provisions to
‘‘supplying’’ a ‘‘component’’ (the make its provisions applicable to each
holders of manufacturing licenses.
nuclear power reactor) for use in a holder of a combined license under part
future ‘‘facility * * * licensed’’ by the 52 before the effective date of the NRC’s K. Proposed Change to 10 CFR Part 25
NRC. One of the consequences of the authorization of fuel load and operation
design certification provisions in part 52 under § 52.103, and to revise part 21 to 1. Section 25.35, Classified Visits
is the ability of the applicant to clarify that its provisions apply to each
Part 25, which sets forth the NRC’s
subsequently offer its design with holder of a combined license on the
requirements governing the granting of
additional, value-added services. Thus, effective date of the Commission’s
access authorization to classified
applying for and facilitating NRC authorization under § 52.103.
Reporting requirements for information to certain individuals, does
adoption of a final standard design
certification regulation is simply a manufacturing licenses. Under not currently reflect the licensing and
partial step in the overall activity of proposed subpart F of part 52, a approval processes in part 52.
‘‘supplying’’ the certified design to manufacturing license would constitute Accordingly, the NRC proposes to make
potential nuclear power plant license both the NRC’s approval of a final changes to ensure that individuals who
applicants. Alternatively, one could nuclear power reactor design, as well as seek a license, standard design
treat the standard design certification approval to manufacture one or more approval, or standard design
applicant as supplying a component of reactors in accordance with approved certification under part 52 and require
an ‘‘activity’’ which is ‘‘otherwise programs and procedures. The access authorization, are subject to the
regulated’’ by the NRC. Under this manufactured reactors would then be provisions of part 25. Because part 52
interpretation, the ‘‘activity * * * transported offsite and incorporate involves entities other than licensees,
otherwise regulated by the NRC’’ can be nuclear power facilities by holders of the NRC proposes to revise the title of
viewed as the design certification combined licenses—who may be part 25 to simply read, ‘‘Access
rulemaking, and/or the entire part 52 different entities than the holder of a Authorization.’’ The NRC also proposes
regulatory regime whereby a design manufacturing license. Given the to revise § 25.35 to refer to an applicant
certification rule is referenced in a possibility that the manufacturing for a standard design certification under
subsequent licensing application. The license holder is different from the part 52 (including the applicant after the
NRC concludes that under either combined license holder whose facility NRC adopts a final standard design
interpretation, Section 206 of the ERA uses the manufacturing license, the NRC certification rule), and the applicant for
provides ample statutory authority for believes that the combined license or holder of a standard design approval
the NRC to impose regulations holder using the manufactured reactor
under part 52.
implementing Section 206 on design must be kept informed of any significant
certification applicants, during the issue with design or manufacture of the 6 These key differences are, first, the design of the
pendency of the application before the reactor, to ensure that they evaluate the manufactured plant would be approved before
NRC, as well as after NRC adoption of significance of these matters for their manufacturing commences, unlike the historical
a final design certification regulation facility and undertake any necessary practice with construction permits. Second, a single
(for those applicants whose application action to assure public health and safety manufacturing license may authorize the
manufacture of multiple reactors, with the
is granted). and common defense and security.
manufacturing process to be accomplished in a

As with standard design approvals, a Furthermore, unlike a standard design controlled setting rather than as a ‘‘field’’ operation.
standard design certification does not certification, the financial resources This is unlike the historical approach where non-
authorize construction of a nuclear necessary to obtain a manufacturing standardized nuclear power facilities were
constructed onsite using a ‘‘roving’’ workforce.
power plant; it constitutes the NRC’s license will, as a practical matter, result Third, the manufacturing license will specify the
approval of the design of a nuclear in manufacturing beginning inspections, tests, and acceptance criteria for
power reactor. Therefore, the NRC immediately after issuance of the determining successful manufacturing.
L. Proposed Changes to 10 CFR Part 26 certifications under part 52. These Design certification represents the
activities present less of a concern with NRC’s pre-approval of the design for the
1. Section 26.2, Scope, Section 26.10,
respect to public health and safety, and nuclear power facility, but does not
General Performance Objectives; and
common defense and security, as authorize manufacture or construction.
Appendix A to Part 26
compared with construction permits, For the design certification to have
Part 26, which sets forth the NRC’s manufacturing licenses, operating practical effect, it must be referenced in
requirements governing fitness-for-duty, licenses and combined licenses. None of an application for a combined license.
currently uses a two-part regulatory these regulatory approvals or design Therefore, the environmental effects of
regime for the application of fitness-for- certification regulations authorize the construction and operation of a nuclear
duty requirements. A holder of an construction, manufacture, or operation power facility using the referenced
operating license for a nuclear power of a facility, nor do they authorize design certification are to be addressed
plant is required to implement all of the possession of special nuclear material in the environmental impact statement
provisions in part 26. By contrast, a (SNM). The adverse impacts on public (EIS) for the combined license. This is
holder of a construction permit is health and safety or common defense practical inasmuch as the full scope and
required to implement a subset of part and security attributable to any fitness- details of the benefits and
26 requirements—§§ 26.10, 26.20, 26.23, for-duty issues are likely to be of a much environmental impacts of constructing
26.70, and 26.73—which excludes the lower level of significance, as compared and operating a nuclear power reactor
drug testing provisions in part 26. to issues that may occur during using the design approved in the design
The NRC proposes to extend the construction, manufacture, operation, or certification are most likely known at
applicability of parts 26 to 52, in possession of SNM. The NRC believes the time when the design certification is
keeping with the existing two-part that the potential benefits of imposing proposed to be used in a specific
regulatory regime, so that the full array the fitness-for-duty requirements are not nuclear power facility at a particular
of requirements in part 26 apply to a justified in view of the regulatory site; this rationale will remain the same
combined license holder after the date burden to be imposed upon such for all future design certifications. The
that the NRC authorizes fuel load and applicants and holders. Accordingly, NRC proposes to revise part 51 to
operation under § 52.103, analogous to the proposed rule would not be imposed eliminate the need for the NRC to make
holder of an operating license under on applicants for and holders of repetitive findings of no significant
part 50. By contrast, holders of standard design approvals, and environmental impact for future design
combined licenses, before the date that applicants for standard design certifications and amendments to design
the NRC authorizes fuel load and certifications under part 52. certifications.
operation would be required to comply
with the more limited set of part 26 M. Proposed Changes to 10 CFR Part 51 Second, the NRC proposes to require
provisions currently applicable to The proposed rule would make that SAMDAs be addressed at the design
construction permit holders. Similarly, several conforming changes to part 51 to certification stage. SAMDAs are
holders of manufacturing licenses under clarify the environmental protection alternative design features for
subpart F of part 52 would be treated regulations applicable to the various preventing and mitigating severe
the same as holders of construction part 52 licensing processes. accidents, which may be considered for
permits. Finally, persons authorized to NEPA Compliance for Design incorporation into the proposed design;
conduct the limited construction Certifications. For each of the three the SAMDA analysis is that element of
activities allowed under § 50.10(e)(3) design certification rules in Appendices the SAMDA analysis dealing with
would also be treated the same as a A, B, and C of part 52, as well as the design and hardware issues. At the
construction permit holder. The proposed design certification rule for design certification stage, the NRC’s
proposed rule would accomplish this the AP1000 design, the NRC prepared review is directed at determining if
by: (1) Revising § 26.2(a) to refer to an environmental assessment which: (1) there are any cost beneficial SAMDAs
combined license holders after the date Provides the bases for a Commission that should be incorporated into the
that the NRC authorizes fuel load and finding of no significant environmental design, and if it is likely that future
operation under § 52.103; (2) revising impact (FONSI) for issuance of the design changes would be identified and
§ 26.2(c) to refer to a holder of a design certification regulation; and (2) determined to be cost-justified in the
combined license before the date that identifies and addresses the need for future based on cost/benefit
the NRC makes the finding under incorporating severe accident mitigation considerations. It is most cost effective
§ 52.103(g), a holder of a manufacturing design alternatives (SAMDAs) into the to incorporate SAMDAs into the design
license under subpart F of part 52, and design certification rule. Based upon at the design certification stage.
a person authorized to conduct the this experience, the NRC proposes to Retrofitting a SAMDA into a design
activities under § 50.10(e)(3); (3) make changes to part 51 to accomplish certification once site-specific design
revising § 26.10(a) to refer to the two objectives. and engineering for a nuclear power
personnel of a holder of a First, the NRC proposes to eliminate facility has been completed would
manufacturing license and those the need for the NRC to prepare increase the cost of implementing a
authorized to conduct the activities essentially repetitive discussions in SAMDA. The retrofitting costs continue
under § 50.10(e)(3); and (4) revising environmental assessments supporting a to increase in ensuing stages of facility
appendix A to part 26, paragraph 1.1(1) FONSI on issuance of a final standard construction and operation. For these
to include a reference to a holder of design certification regulation. Each of reasons, the NRC believes that
combined license after the date that the the environmental assessments and environmental assessments for design
NRC makes the finding under FONSIs prepared to date conclude that certifications should address SAMDAs.
§ 52.103(g). there is no significant environmental However, under the current provisions

The NRC believes that part 26 need impact associated with NRC issuance of of part 51, both the environmental
not be extended to cover applicants for a final design certification regulation information submitted by the design
and holders of early site permits, because a design certification does not certification applicant, and the
standard design approvals, and authorize either the construction or environmental assessment prepared by
applicants for standard design operation of a nuclear power facility. the NRC, are directed either at
determining whether an EIS must be the design certification environmental does not require the applicant for the
prepared, or that a FONSI is justified. assessment.7 manufacturing license to submit any
Accordingly, the NRC proposes that Finally, § 52.75(c)(2) would be added information on these matters as part of
SAMDAs be addressed in to provide that if a combined license its application. These matters are
environmental reports and application references a design commercial matters generally unrelated
environmental assessments for design certification, then the combined license to the NRC’s regulatory jurisdiction. The
certifications. EIS will incorporate by reference the Federal Aviation Administration (FAA)
design certification environmental does not prepare an EIS when issuing a
The NRC proposes to make a number
assessment, and summarize the SAMDA production certificate under 14 CFR part
of changes to accomplish these two
analysis and conclusions of the 21, subpart G, authorizing the
objectives. Existing § 51.55 would be
environmental assessment. production of an aircraft or component
redesignated as § 51.58, and§ 51.55 NEPA Compliance for Manufacturing
would be added to indicate that an in conformance with a type certificate.
Licenses. The NRC believes that its See Federal Aviation Agency Order
environmental report submitted by the current approach for meeting the
design certification applicant must be 1050.1E, Sec. 308c (June 8, 2004).
Commission’s NEPA responsibilities for Because the NRC does not approve any
directed towards addressing the costs standard design certifications should be
and benefits of possible SAMDAs, and specific location or facility in which to
extended to manufacturing licenses for manufacture any component of or the
presenting the bases for not nuclear power reactors. Under proposed
incorporating identified SAMDAs into reactor licensed under the
subpart F to part 52, a manufacturing manufacturing license, it would be
the design to be certified. The license is similar to a standard design
environmental report for an applicant speculative for the NRC to describe and
certification in that a final nuclear assess the environmental impacts of
seeking to amend an existing design power reactor design would be
certification would be somewhat manufacturing. NEPA does not require
approved. Therefore, the NRC proposes that an EIS address speculative impacts.
narrower by focusing on if the design that the environmental effects of
change, which is the subject of the The NRC also notes that EISs prepared
construction and operation of a nuclear in the past for construction permits and
amendment, renders a SAMDA power facility using a manufactured
previously rejected to become cost- operating licenses under part 50, as well
reactor would be addressed in the EIS as current environmental assessments
beneficial; and if the design change for the combined license application for
results in the identification of new for nuclear power plant license
a nuclear power facility using a amendments, have never considered the
SAMDAs that may be reasonably manufactured reactor, rather than in an
incorporated into the design offsite environmental impacts of
environmental assessment or EIS at the fabricating systems and components by
certification. manufacturing license stage. vendors and subcontractors, even for
Section 51.30 would be revised to Further, the NRC does not believe that circumstances where the fabrication
provide for a new § 51.30(d) establishing NEPA requires the NRC to address the activities are subject to NRC regulatory
the scope of an environmental environmental impacts of actually jurisdiction (e.g., under applicable
assessment for a design certification. manufacturing a nuclear power reactor provisions of parts 19 and 21). For these
Section 51.32 (b)(1) and (2) would be licensed under subpart F of part 52, reasons, the NRC concludes that NEPA
added to set forth the NRC’s generic either at the manufacturing license stage does not require the NRC to address,
determination of no significant or at the combined license stage where either at the manufacturing license stage
environmental impact associated with an application proposes to use a or at the combined license stage where
issuance of a final or amended design manufactured reactor. The the application proposes to use a
certification rule. This is, essentially, manufacturing license approves the manufactured reactor, the speculative
the legal equivalent of a categorical final design of the manufactured reactor, impacts of manufacturing a reactor
exclusion. The NRC proposes to include the organization and technical offsite at a location or in a facility not
an explicit statement of no significant procedures for designing and specified or approved in the
environmental impact in § 51.32. The manufacturing the reactor, and the manufacturing license.
NRC believes that external stakeholders ITAAC that are to be used by the The NRC proposes to make a number
will better understand the nature of the licensee in determining whether the of changes to part 51, in some cases
Commission’s action by doing so. reactor has been properly manufactured parallel to those described above with
Section 51.31 would be modified by in accordance with NRC requirements respect to design certifications,
adding § 51.30(b) specifying the and the manufacturing license, and the consistent with its views on
information on the environmental possession (but not the use or transport manufacturing licenses. Existing § 51.54
assessment to be included in the offsite) of the manufactured reactor. The would be revised to clarify that an
proposed rulemaking on the design manufacturing license does not approve environmental report for a
certification published in the Federal any specific location, building, or manufacturing license must address the
Register. facility where the actual manufacture of costs and benefits of SAMDAs and the
Section 51.50(c)(2) would be revised the reactors may occur,8 and the NRC bases for not incorporating SAMDAs
to indicate that if a combined license 7 The design certification applicant may have
into the design of the reactor to be
application references a design chosen to specify site parameters for the design manufactured, and to state that the
certification then the combined license certification safety review under § 52.79 which environmental report need not address
applicant’s environmental report may differ from the site parameters specified in the the impacts of manufacturing a reactor
reference the SAMDA discussion in the environmental report for its design. If such a design under the manufacturing license.
certification is referenced in a combined license

design certification environmental application, the combined license applicant must Section 51.20(b)(6), which currently
assessment as part of its SAMDA demonstrate that the two differing sets of site
analysis, but must contain information parameters are met, in order for the full panoply of manufacturing license under subpart F of part 52,
demonstrating that the site issue finality provisions in § 52.63 to apply in the by virtue of proposed § 52.9, which states that no
combined license proceeding. license shall be deemed to have been issued for
characteristics for the combined license 8 A reactor manufactured outside of the United activities which are not under or within the
site falls within the site parameters in States would not be within the scope of a jurisdiction of the United States.
requires preparation of an EIS for environmental assessment. As in the matters should be admitted in any
issuance of a manufacturing license, and case where the combined license hearing under § 52.103(b).
§ 51.76, which currently addresses the application references a design Accordingly, the NRC proposes
subject matter of an EIS for a certification, § 52.75(c)(3) requires the adding § 51.108 to clarify that: (1) The
manufacturing license, would both be combined license EIS to summarize the Commission will not make any
removed from part 51. findings and conclusions of the environmental findings in connection
Section 51.30(e) would be revised to environmental assessment with respect with the finding under § 52.103(g); and
establish the scope of an environmental to SAMDAs. Finally, § 51.75(c)(3) would (2) contentions on any environmental
assessment prepared for a explicitly provide that the combined matters, including the adequacy of the
manufacturing license. Section license EIS will not address the combined license EIS and any
51.32(b)(3) and (4) would be added to environmental impacts of referenced environmental assessment,
state the NRC’s generic determination of manufacturing the reactor under the may not be admitted into any
no significant environmental impact manufacturing license. § 52.103(b) hearing on compliance with
associated with issuance of a final or ITAAC. Those issues are essentially
amended manufacturing license. As NEPA obligations associated with challenges to the continuing validity of
with the parallel provisions governing § 52.103(g) findings on ITAAC. the combined license or any referenced
design certifications in § 50.32(b)(1) and Currently, neither part 51 nor subpart C design certification, early site permit, or
(2), the NRC proposes to include an of part 52 explicitly addresses whether manufacturing license. Accordingly,
explicit statement of no significant an environmental finding under NEPA these challenges should be raised with
environmental impact for is needed in connection with an NRC the Commission using relevant
manufacturing licenses in § 51.32(b)(3) finding under § 52.103(g) that combined Commission-established processes for
and (4) to facilitate external license ITAAC have been met. Nor does requesting Commission action. A
stakeholder’s understanding of the part 51 or subpart C of part 52 explicitly challenge on environmental grounds
nature of the Commission’s action. address whether contentions on with respect to the combined license,
Section 51.31(c) would be added to environmental matters may be admitted early site permit, or manufacturing
describe the NRC’s process for in a hearing under § 52.103(b). The NRC license must be filed under the
determining the manufacturing license never intended to make an provisions of § 2.206. A challenge to an
with respect to environmental issues environmental finding in connection existing design certification on
covered by NEPA. with the § 52.103(g) finding on ITAAC, environmental grounds must be filed as
Section 51.50(c)(3) would be added to and the NRC does not believe that NEPA a petition for rulemaking to modify the
provide that if a combined license requires such a finding. The § 52.103(g) existing design certification under
application proposes using a finding that ITAAC have been met is not subpart H of part 2.
manufactured reactor, then the a ‘‘major Federal action significantly More specific changes to individual
combined license environmental report affecting the environment.’’ The major sections in part 51 are discussed below.
may incorporate by reference the Federal action occurs when the NRC Section 51.20, Criteria for and
environmental assessment for the issues the combined license, which identification of licensing and
manufacturing license under which the regulatory actions requiring
includes the authority to operate the
reactor is to be manufactured and, if so, environmental impact statements.
nuclear power plant—subject to an NRC
must include information demonstrating Section 51.20(b) would be revised to
finding of successful completion of
that the site characteristics for the identify the part 52 licensing processes
ITAAC. This is the reason why the
combined license site fall within the site that require an environmental impact
environmental impacts of operation statement or a supplement to an
parameters specified in the under the combined license are
manufacturing license environmental environmental impact statement.
evaluated and considered by the NRC in Specifically, § 51.20(b)(1) would be
assessment. This section also would determining whether to issue the
state that the environmental report need revised to indicate that issuance of an
combined license even under the early site permit requires an EIS.
not address the environmental impacts current provisions of part 52, see
associated with manufacturing the Section 51.20(b)(2) would be revised to
§ 52.89. By contrast, the scope and indicate that issuance of a combined
reactor under the manufacturing license.
nature of the NRC finding that ITAAC license requires an EIS. Also, paragraph
Finally, § 51.75(c)(3) would be added
to indicate that if the combined license have been met is constrained by the (b)(6) would be removed and reserved
application proposed to use a ITAAC itself (indeed, the NRC has because, under the Commission’s
manufactured reactor and the site always recognized the possibility that proposed revision to the requirements
characteristics of the combined license’s ITAAC could be written such that the for manufacturing licenses, only an
site fall within the site parameters ‘‘inspections and tests’’ exception in environmental assessment is required at
specified in the manufacturing license Section 554(a)(3) of the APA could be this stage.
environmental assessment,9 then the invoked to preclude the need to provide Section 51.22, Criterion for
combined license EIS must incorporate an opportunity for hearing on categorical exclusion; identification of
by reference the manufacturing license § 52.103(g) findings). The safety licensing and regulatory actions eligible
consequences of operation are not for categorical exclusion or otherwise
9 Analogous to design certifications, it is possible considered when making the § 52.103(g) not requiring environmental review.
that an applicant for a manufacturing license may findings; these issues are addressed by Section 51.22(c) would be revised to
have chosen to specify site parameters for the the NRC in determining whether to identify part 52 licensing processes that
manufacturing license safety review under § 52.79 issue the combined license in the first are eligible for categorical exclusion or
which differ from the site parameters specified in

the environmental report for its design. If the place. Therefore, the NRC does not view otherwise do not require environmental
combined license application proposes to use such the § 52.103(g) finding as constituting a review.
a manufactured reactor, then the combined license ‘‘major Federal action,’’ and makes no Section 51.23, Temporary storage of
applicant must demonstrate that the two differing
sets of site parameters are met, in order for the full
environmental findings in connection spent fuel after cessation of reactor
division of issue finality provisions in § 52.171 to with that finding. It, therefore, follows operation—generic determination of no
apply in the combined license proceeding. that no contentions on environmental significant environmental impact.
Sections 51.23(b) and (c) would be The NRC’s regulations and the be responsible for the reliability of all
revised to indicate that the provisions of applicable case law interpreting the information used in the EIS, including
these paragraphs also apply to National Environment Policy Act of an EIS prepared for a combined license.
combined licenses. 1969, as amended (NEPA), support the In carrying out its responsibilities under
Section 51.45, Environmental report. NRC staff’s belief that, inasmuch as an 10 CFR 51.70(b), the NRC staff may (1)
Section 51.45(c) would be revised to early site permit and a combined license inquire into the continued validity of
indicate that the analysis in an are major Federal actions significantly information disclosed in an EIS for an
environmental report prepared for an affecting the quality of the human early site permit that is referenced in a
early site permit need not include environment, both actions require the combined license application; and (2)
consideration of the economic, preparation of an EIS. However, 10 CFR look for any new information that may
technical, and other benefits and costs part 52 does provide finality for affect the assumptions, analysis, or
of the proposed action and of energy previously resolved issues. Under conclusions reached in the early site
alternatives. This change is proposed for NEPA, the combined license permit EIS.
consistency with the provisions of environmental review is informed by The initial burden to assess newly
§ 52.17(a)(2), which states that an the EIS prepared at the early site permit identified information and those issues
environmental report included in an stage and the NRC staff intends to use that were deferred to the combined
early site permit application need not tiering and incorporation-by-reference license, CP, or OL application falls to
include an assessment of the benefits whenever it is appropriate to do so. The the applicant. The applicant is required
(for example, need for power) of the combined license applicant must to provide information sufficient to
proposed action and the Commission’s address any other significant resolve any other significant
denial of a Petition for Rulemaking (See environmental issue not considered in environmental issue not considered in
PRM–52–02 (October 28, 2003; 68 FR any previous proceeding, such as issues the early site permit proceeding, either
55905)). deferred from the early site permit stage for the site or design, and the
Section 51.50, Environmental report— to the combined license stage (e.g., the information contained in the
benefits assessment). application should be sufficient to aid
construction permit, early site permit, or
For an early site permit, the NRC the staff in its development of an
combined license stage. The proposed
prepares an EIS that resolves numerous independent analysis (see 10 CFR
rule would revise the title of § 51.50 to
issues within certain bounding 51.45). Therefore, the environmental
‘‘Environmental report—construction
conditions. These issues are candidates report must contain new and significant
permit, early site permit, or combined
for issue preclusion at the combined information on the site or design to the
license stage,’’ and include separate
license, CP or OL stage. If the issue extent that it differs from, or is in
paragraphs with specific requirements
could be deferred and the combined addition to, that discussed in the early
for environmental reports for early site
license applicant elected to do so, e.g., site permit EIS.
permit and combined license The NRC staff, in the context of a
the benefits assessment, then the
applications which are based on combined license applicant would be combined license application that
existing requirements in part 51 for required to address the issue in its references an early site permit, defines
construction permits and operating combined license, CP, or OL ‘‘new’’ in the phrase ‘‘new and
licenses and requirements for early site application. A combined license, CP, or significant information’’ as any
permits and combined licenses in part OL application must also demonstrate information that was not contained or
52. that the design of the facility falls referenced in the early site permit
Where a combined license applicant within the parameters specified in the application or the early site permit EIS.
is referencing an early site permit, the early site permit. In addition, the This new information may include (but
NRC staff is proposing to add a application should indicate whether the is not limited to) specific design
requirement in § 51.50 that the site is in compliance with the terms of information that was not contained in
applicant’s environmental report need the early site permit. The information the application, especially where the
not contain information or analyses supporting a conclusion that the site is design interacts with the environment,
submitted to the Commission in the in compliance with the early site permit or information that was in the early site
early site permit stage, but must contain, should be maintained in an auditable permit application, but has changed by
in addition to the environmental form by the applicant. While the NRC is the time of the combined license
information and analyses otherwise ultimately responsible for completing application. This new information may
required: (1) Information to demonstrate any required NEPA review, for example, or may not be significant.
that the design of the facility falls to ensure that the conclusions for a In the past, the NRC staff has
within the site characteristics and resolved early site permit environmental attempted to explain the relationship
design parameters specified in the early issue remain valid for a combined between the environmental review of an
site permit; (2) information to resolve license action, the combined license early site permit application to that of
any other significant environmental applicant must identify whether there is a combined license application
issue not considered in the early site new and significant information on such referencing the early site permit by
permit proceeding, either for the site or an issue. A combined license applicant analogy to the license renewal
design; and (3) any new and significant should have a reasonable process to environmental review process. The NRC
information on the site or design to the ensure it becomes aware of new and staff believes the analogy especially
extent that it differs from, or is in significant information that may have a useful because the license renewal
addition to, that discussed in the early bearing on the earlier NRC conclusion, process is well-established and clearly
site permit EIS. The NRC staff is also and should document the results of this understood. Because there appears to be
proposing to add a requirement that the process in an auditable form for issues some confusion regarding this analogy,
applicant must have a reasonable for which the combined license NRC believes a brief explanation of the
process for identifying any new and applicant does not identify any new and similarities of the two processes is
significant information regarding the significant information. warranted.
NRC’s conclusions in the early site Under 10 CFR 51.70(b), the NRC is For license renewal, the NRC
permit EIS. required to independently evaluate and prepared a generic EIS (GEIS) that
resolved more than 60 issues for all conclusion for matters covered in the environmental report for the
plants based on certain bounding early site permit review. Such matters manufacturing license must address the
assumptions; these were termed will not be subject to litigation at the costs and benefits of SAMDAs, and the
Category 1 issues. If a license renewal combined license stage. bases for not incorporating into the
applicant identifies new and significant Section 51.51, Uranium fuel cycle design of the manufactured reactor any
information with respect to a Category environmental data—Table S–3. Section SAMDAs identified during the
1 issue, it documents its assessment of 51.51 would be revised to require that applicant’s review. Section 51.54(b)
that information in its application. If the every environmental report prepared for reflects the narrower scope of an
applicant determines that this new the early site permit stage or combined environmental report submitted in
information is not significant, or that license stage of a light-water-cooled connection with a proposed amendment
there is no new information, the nuclear power reactor use Table S–3, to a manufacturing license, by providing
applicant documents the bases for these Table of Uranium Fuel Cycle that the report need only address
determinations in an auditable form and Environmental Data, as the basis for whether the design change which is
makes the documentation available for evaluating the contribution of the subject of a proposed amendment either
staff inspection. If there is new and environmental effects of the uranium renders a SAMDA previously identified
significant information on a Category 1 fuel cycle to the environmental costs of and rejected to become cost beneficial,
issue, the NRC staff limits its inquiry to licensing light-water cooled nuclear or results in the identification of new
determine if this information changes power reactors. SAMDAs that may be reasonably
the Commission’s earlier conclusion set Section 51.52, Environmental effects incorporated into the design of the
forth in the GEIS. The NRC staff may of transportation of fuel and waste— manufactured reactors.
inquire if the applicant has a reasonable Table S–4. Section 51.52 would be As discussed earlier, the
process for identifying new and amended to require that every environmental impacts of
significant information on Category 1 environmental report prepared for the manufacturing a reactor under a
issues. early site permit stage or combined manufacturing license are not
Similarly, in the NRC environmental license stage of a light-water-cooled considered by the NRC, and § 51.54
review process for a combined license nuclear power reactor contain a
indicates that the environmental report
application, the combined license EIS statement concerning transportation of
need not include a discussion of the
brings forward the Commission’s earlier fuel and radioactive wastes to and from
environmental impacts of
conclusions from the early site permit the reactor.
Section 51.53, Postconstruction manufacturing a reactor.
EIS and articulates the activities
environmental reports. Section 51.53(a) Section 51.55, Environmental report—
undertaken by the NRC staff to ensure
would be revised to clarify that any standard design certification. The
that an issue that was resolved can
postconstruction environmental report provisions in current § 51.55 would be
remain resolved. If there is new and
may incorporate by reference any transferred to a new § 51.58 (discussed
significant information on a previously
information contained in a prior in § 51.58), and this section would be
resolved issue, then the staff will limit
its inquiry to determine if the environmental report or supplement revised to address the contents of
information changes the Commission’s thereto that relates to the site or any environmental reports for design
earlier conclusion. Environmental information contained in a final certifications under subpart B of part 52.
matters subject to litigation in a environmental document previously The structure of proposed § 51.55 is
combined license proceeding mainly prepared by the NRC staff that relates to similar to that of § 51.54, reflecting the
include (1) those issues that were not the site. This change reflects the fact that the environmental review for
considered in the previous proceeding recognition that environmental either manufacturing licenses or design
on the site or the design; (2) those issues documents will be prepared at the early certifications is limited to SAMDAs.
for which there is new and significant site permit stage and may be referenced Section 51.55(a) provides that the
information; and (3) those issues subject in environmental documents for future environmental report for the design
to the change or exemption processes in licensing actions. Section 51.53(a) also certification must address the costs and
10 CFR part 52. would be revised to clarify that benefits of SAMDA, and the bases for
Notwithstanding that, in the context documents that may be referenced in not incorporating into the design
of renewal, the GEIS resolves Category post construction environmental reports certification any SAMDAs identified
1 issues through rulemaking and an include those prepared in connection during the applicant’s review. Section
early site permit resolves environmental with an early site permit or a combined 51.55(b) provides that the
issues through an individual licensing license. In addition, § 51.53(c)(3) would environmental report submitted in
proceeding, the staff believes that the be revised to clarify that the support of a request to amend a design
license renewal practice is similar to the requirements for the content of certification, need only address whether
part 52 process in which a combined environmental reports submitted in the design change which is the subject
license application references an early applications for renewal of a combined of a proposed amendment either renders
site permit. license are the same as those for renewal a SAMDA previously identified and
In conclusion, the NRC staff has of an operating license. rejected to become cost beneficial, or
determined that a combined license is a Section 51.54, Environmental report— results in the identification of new
major Federal action significantly manufacturing license. The proposed SAMDAs that may be reasonably
affecting the quality of the human rule would amend this section by incorporated into the design
environment and, in accordance with 10 adding two paragraphs to delineate the certification.
CFR 51.20, the NRC must prepare an EIS difference in the matters with respect to Section 51.58, Environmental report—
on that action. For matters resolved at SAMDAs that must be addressed in an number of copies; distribution. The
the ESP stage, if there is no new and environmental report for issuance of a matters previously addressed in § 51.55
significant information that differs from manufacturing license under subpart F would be addressed in a proposed new
that discussed in the ESP EIS, then the of part 52, versus that for an amendment § 51.58. Section 51.58(a) would add
staff will rely upon (‘‘tier off’’) the early to the manufacturing license. Section conforming references for early site
site permit EIS and disclose the NRC 51.54(a) provides that the permits and combined licenses. Section
51.58(b) would make a conforming the license, amendment, or renewal 2. Section 54.3, Definitions
reference to subpart F of part 52. applied for. The definition for renewed combined
Section 51.71, Draft environmental Section 51.105, Public hearings in license would be added to explain the
impact statement—contents. Section proceedings for issuance of construction meaning of the new phrase as it is used
51.71(d) and its associated Footnote 3 permits or early site permits. The in this part.
would be revised to include a separate section heading and § 51.105(a) would
discussion with specific requirements be revised to indicate that the 3. Section 54.17, Filing of Application
for the content of draft environmental requirements for presiding officers in Section 54.17(c) would be revised to
impact statements at the early site public hearings on construction permits add a conforming reference to combined
permit and combined license stages. also apply to public hearings on early licenses issued under 10 CFR part 52.
Section 51.75, Draft environmental site permits. In addition, § 51.105(b) 4. Section 54.27, Hearings
impact statement—construction permit, would be added to indicate that the
early site permit, or combined license. presiding officer in an early site permit This section would be revised to
Sections 51.75(b) and (c) and a new hearing shall not admit contentions include a conforming reference to
Footnote 5 would be added to include concerning the benefits assessment (e.g., renewed combined license issued under
separate requirements for the need for power), or alternative energy 10 CFR part 52.
preparation of draft EISs at the early site sources if the applicant did not address 5. Section 54.31, Issuance of a Renewed
permit and combined license stages. those issues in the early site permit License
Section 51.75(c) would be organized application. In accordance with § 52.17,
into separate subparagraphs, which applicants are not required to address Sections 54.31(a), (b), and (c) would
would address the contents of the the benefits assessment (e.g., need for be revised to include conforming
combined license environmental impact power) or alternative energy sources at references to combined licenses in this
statement if the combined license the early site permit stage. procedure on issuance of renewed
application references an early site licenses.
Section 51.105a, Public hearings in
permit or standard design certification proceedings for issuance of 6. Section 54.35, Requirements During
or both, or proposes to use a manufacturing licenses. Section 51.105a Term of Renewed License
manufactured reactor. For example, would be added to provide This section would be revised to
§ 51.75(c)(3) would provide that the requirements for public hearings in include conforming references to
combined license EIS will not address proceedings for issuance of holders of combined licenses and the
the environmental impacts associated manufacturing licenses. Specifically, regulations in part 52 into the
with manufacturing the reactor under § 51.105a would establish that the requirements for a renewed license.
the manufacturing license. presiding officer in a proceeding for the
Section 51.95, Postconstruction issuance of a manufacturing license will 7. Section 54.37, Additional Records
environmental impact statements. (1) Determine, in an uncontested and Recordkeeping Requirements
Section 51.95(a) would be revised to proceeding, whether the NEPA review Section 54.37(a) would be revised to
indicate that documents that may be conducted by the NRC staff has been include a conforming reference to a
referenced in a supplement to a final adequate to identify all reasonable renewed combined license.
environmental impact statement include SAMDAs for the design of the reactor to
documents prepared in connection with O. Proposed Changes to 10 CFR Part 55
be manufactured, and evaluate the
an early site permit or combined environmental, technical, economic, Part 55 establishes the NRC’s
license. In addition, § 51.95(c) would be and other benefits and costs of each requirements for licensing of operators
revised to correct the address for the SAMDA; and (2) determine, in a of utilization facilities in accordance
NRC Public Document Room. Section contested proceeding, whether the with the statutory requirements in
51.95 would be revised to indicate that manufacturing license should be issued Section 202 of the ERA. Currently, the
the NRC will prepare a supplemental as proposed by the NRC staff director provisions in part 55 refer only to
environmental impact statement in (Director of Nuclear Reactor Regulation). utilization facilities licensed under part
connection with the amendment of a Section 51.107, Public hearings in 50, and therefore, do not address
combined license authorizing proceedings for issuance of combined utilization facilities licensed for
decommissioning activities or with the licenses. Section 51.107 would be added operation under a combined license
issuance, amendment, or renewal of a to set out the requirements for public issued under subpart C of part 52.
license to store spent fuel at a nuclear hearings in proceedings for issuance of Section 202 of the ERA, however, does
power reactor after expiration of the combined licenses. The requirements not limit its mandate to operators of
combined license, and that the parallel the associated requirements for facilities licensed under part 50; the
supplement may incorporate by public hearings on construction permits statutory requirement would also appear
reference any information contained in and operating licenses, as appropriate, to apply to operators of facilities
the final environmental impact and provide requirements unique to the licensed under part 52 (i.e., combined
statement for the combined license or in combined license process that are licenses under subpart C of part 52).
the records of decision prepared in derived from various provisions in part Accordingly, §§ 55.1 and 55.2 would
accordance with an early site permit or 52, namely §§ 52.39 and 52.103. be revised by adding a reference to part
combined license. Finally, § 51.95(d) 52. This would clarify that each
would be revised to indicate that, unless N. Proposed Changes to 10 CFR Part 54 operator of a nuclear power reactor
otherwise required by the Commission, licensed under a part 52 combined
1. Section 54.1, Purpose

in accordance with the provisions of license or renewed under part 54 must
§ 51.23(b), a supplemental This part applies to renewed first obtain an operator’s license under
environmental impact statement for the operating licenses for nuclear power part 55. In addition, the conforming
post combined license stage will plants. A conforming change would be changes would clarify that these
address the environmental impacts of made to this section to include renewed operators, as well as holders of
spent fuel storage only for the term of combined licenses. combined licenses issued under part 52
or renewed under part 54, are subject to receiving an operating license under person,’’ to describe the individuals and
the requirements in part 55 (e.g., Part E part 50 applicable before the date that entities subject to the applicable
of part 55, Written Examinations and the Commission authorizes fuel load requirements. In adopting this phrase,
Operating Tests, set forth requirements and operation under § 52.103 for a the NRC intends to ensure that its
which are directed, for the most part, at combined license. Additional regulatory requirements for protection
the holders of operating licenses for conforming changes to include part 52 of NSI and RD in part 95 extend as
utilization facilities). licenses are proposed for §§ 73.50 and broadly as the NRC’s authority provided
73.56, and Appendix C to part 73. under applicable law. The term,
P. Proposed Changes to 10 CFR Part 72
‘‘licensee,’’ includes both holders of all
R. Proposed Change to 10 CFR Part 75
1. Section 72.210, General License NRC licenses, including (but not limited
Issued 1. Section 75.6, Maintenance of Records to) combined licenses, as well as
Part 72 sets forth the requirements for and Delivery of Information, Reports, holders of permits such as construction
independent spent fuel storage facilities. and Other Communications permits and early site permits. The
This section is revised to include a Part 75 sets forth NRC requirements term, ‘‘certificate holder,’’ includes (but
conforming reference to persons intended to implement the agreement is not limited to) all certificates of
authorized to operate nuclear power between the United States and the approval that the Commission may
reactors under 10 CFR part 52 (i.e., a International Atomic Energy Agency issue, such as a certificate of compliance
combined license holder). (IAEA) with respect to safeguards of for spent fuel casks under 10 CFR part
nuclear material. Various provisions 72. Finally, the term, ‘‘or other person,’’
2. Section 72.218, Termination of is intended to include individuals and
throughout part 75 require certain
Licenses entities who are subject to the regulatory
licensees and other individuals and
Section 72.218(b) would be revised to entities regulated by the NRC to submit authority of the Commission, including
include a conforming reference to to the NRC various reports and applicants for standard design approvals
combined licenses issued under part 52. communications. Section 75.6 specifies and standard design certifications under
the NRC officials to whom these reports part 52. For the same reasons, the
Q. Proposed Changes to 10 CFR Part 73 Commission proposes to revise § 95.39
and communications are to be sent.
Part 73 establishes the NRC’s However, § 75.6(b)—the provision to use the phrase, ‘‘NRC license,
requirements for the physical protection applying to, inter alia, nuclear power certificate, or standard design approval
of production and utilization facilities plants—refers only to holders of a or standard design certification under
licensed by the NRC. It provides construction permit or an operating part 52.’’
requirements for the physical protection license, and does not include holders of T. Proposed Changes to 10 CFR Part 140
of licensed activities, for personnel combined licenses. Accordingly,
access authorization, and for criminal § 75.6(b) would be revised to reference Part 140 addresses the NRC
history checks of individuals granted combined licenses. The NRC notes that requirements applicable to nuclear
unescorted access to a nuclear power early site permits and manufacturing reactor licensees with respect to
facility or access to Safeguards licenses need not be referenced, financial protection and indemnity
Information. Currently, the language of inasmuch as the U.S.–IAEA Safeguards agreements to implement Section 170 of
§ 73.1, Purpose and scope, § 73.2, Agreement does not extend to early site the AEA, commonly referred to as the
Definitions, § 73.50, Requirements for permits or manufacturing licenses. Price-Anderson Act. In general, the
physical protection of licensed indemnification and financial
activities, § 73.56, Personnel access S. Proposed Changes to 10 CFR Part 95 protection requirements in part 140
authorization requirements for nuclear The following discussion explains the become applicable when a holder of a
power plants, and § 73.57, Requirements requirements in part 95 generically and 10 CFR part 50 construction permit who
for criminal history checks of covers Sections 95.5, 95.13, 95.19, also possesses a materials license under
individuals granted unescorted access to 95.20, 95.23, 95.31, 95.33–95.37, 95.39, 10 CFR part 70 brings fuel onto the site.
a nuclear power facility or access to 95.43, 95.45, 95.49, 95.51, 95.53, 95.57, However, part 140 currently does not
Safeguards Information by power and 95.59. address the indemnification and
reactor licensees, and Appendix C, Part 95 sets forth the NRC financial protection requirements of
Licensee Safeguards Contingency Plans, requirements governing what combined license holders. Accordingly,
do not refer to combined licenses issued individuals and entities may be various sections in part 140 are being
under part 52. However, part 73 is provided access to National Security revised to address combined licenses
currently applicable to combined Information (NSI) and/or Restricted Data under part 52.
licenses under the provisions of § 52.83, (RD) received or developed in The NRC does not believe that part
Applicability of part 50 provisions, connection with activities licensed, 140 must be revised to address any part
which states that all provisions of 10 certified or regulated by the NRC, and 52 licensing process other than a
CFR Part 50 and its appendices how this information and data is to be combined license. Neither an early site
applicable to holders of operating protected by these individuals and permit nor a manufacturing license
licenses also apply to holders of entities against unauthorized disclosure. authorizes the possession or use of
combined licenses. Accordingly, § 73.1 Although requirements for protection nuclear fuel or other nuclear materials,
would be revised to clarify that the of NSI and RD must, by statute, apply and the NRC would not issue these
regulations in part 73 apply to persons to all individuals and entities provided licenses with a materials license under
who receive combined licenses under access to such information, various part 70. The NRC also believes that part
part 52, and § 73.2 would be revised to sections in part 95 use slightly different 140 need not be revised to address
state that terms defined in part 52 have wording to delineate the relevant set of standard design approvals or standard
the same meaning when used in part 73. individuals and entities. To ensure design certifications, because neither of
The NRC proposes to address combined consistency, the Commission proposes these processes authorizes the
licenses in § 73.57 by making the to revise its regulations to refer to possession or use of nuclear fuel or
provisions that are required before ‘‘licensee, certificate holder, or other other nuclear materials.
U. Proposed Changes to 10 CFR Part 170 The Commission has concluded, after 3. As indicated in Section IV,
Part 170 sets out the fees charged for undergoing the review of the first three Discussion of Substantive Changes, the
licensing services performed by the early site permit applications, that the NRC is proposing to remove Appendix
NRC. Sections 170.2(g) and (k) would be concept of Commission review and Q to part 52 entirely from part 52 and
revised to add conforming references to acceptance of major features of retain it in part 50. Currently, Appendix
manufacturing licenses and standard emergency plans may not achieve the Q to part 52 provides for NRC staff
design approvals issued under part 52, same level of finality for emergency issuance of a staff site report on site
remove the reference to Appendix Q preparedness issues at the early site suitability issues with respect to a
that will be returned to part 50, and permit stage as that associated with a specific site, for which a person (most
delete the reference to a manufacturing reasonable assurance finding of likely a potential applicant for a
license issued under part 50 (which is complete and integrated plans. construction permit or combined
proposed to be removed from part 50 Therefore, the Commission is license) seeks the NRC staff’s views. The
because of its transfer to part 52 in the considering modifying in the final rule NRC is also considering removing, in
1989 rulemaking adopting part 52). the early site permit process in the final rule, the early site review
proposed subpart A to remove the process in Appendix Q to part 52 in its
V. Specific Request for Comments option for applicants to propose major entirety from the NRC’s regulations and
In addition to the general invitation to features of emergency plans in early site is interested in stakeholder feedback on
submit comments on the proposed rule, permit applications and requests public this alternative. One possible reason for
the NRC also requests comments on the comment on this alternative. The NRC removing the early site review process
following questions: believes that, if the option for early site in its entirety is that potential nuclear
1. In response to several commenters’ permit applicants to include major power plant applicants would use the
concerns about the clarity of the features of emergency plans is to be early site permit process in subpart A of
applicability of part 50 provisions to retained, it would be useful to further part 52, rather than the early site review
part 52, the Commission has added define in the final rule what a major process as it currently exists in
provisions to part 52 (§§ 52.0 through feature is and establish a clearer level of appendix Q to parts 50 and 52. Also, in
52.11) that are analogues to comparable finality associated with the NRC’s cases where a combined license
provisions in part 50. Another possible review and acceptance of major features applicant was interested in seeking NRC
way of addressing the commenters’ of emergency plans. If the option to staff review of selected site suitability
concerns would be to transfer all the include major features of emergency issues (as appendix Q to part 52 was
provisions in part 52 to a new subpart plans is retained in the final rule, the designed for), the applicant could
(e.g., subpart M) of part 50, and retain NRC would define major features of request a pre-application review of these
the existing numbering sequence for the emergency plans as follows: issues. The use of pre-application
current part 52 with the addition of a Major features of the emergency plans reviews for selected issues has been
prefix (e.g., proposed 50.1001 = current means the aspects of those plans successfully used by applicants for
52.1). The Commission is considering necessary to: (i) Address one or more of design certification. The NRC is
adopting this alternative proposal in the the sixteen standards in § 50.47(b), and especially interested in the views of
final rule and is interested in whether (ii) describe the emergency planning potential applicants for nuclear power
stakeholders regard this as a more zones as required in §§ 50.33(g), plant construction permits and
desirable approach for minimizing the 50.47(c)(2), and Appendix E to 10 CFR combined licenses as to whether there is
ambiguity of the relationship between part 50. any value in retaining the early site
part 50 and part 52. In addition, the NRC is considering review process.
2. Currently, § 52.17(b) of subpart A of adopting in the final rule the 4. Under subpart F of part 52 of the
10 CFR part 52 requires that an early requirement that major features of proposed rule, the NRC proposes to
site permit application identify physical emergency plans must include the require approval of, and extend finality
characteristics that could pose a proposed inspections, tests, and to, the final design for a reactor to be
significant impediment to the analyses that the holder of a combined manufactured under a manufacturing
development of emergency plans. An license referencing the early site permit license. While the NRC will also review
early site permit application may also shall perform, and the acceptance the acceptability of the manufacturing
propose major features of the emergency criteria that are necessary and sufficient license applicant’s organization
plans or propose complete and to provide reasonable assurance that, if responsible for design and
integrated emergency plans in the inspections, tests, and analyses are manufacturing, as well as the QA
accordance with the applicable performed and the acceptance criteria program for design and manufacturing,
standards of § 50.47 and the met, the facility has been constructed the proposed rule does not provide a
requirements of appendix E of 10 CFR and will operate in conformity with the regulatory structure for further
part 50. The requirements in § 52.17 do license, the provisions of the Atomic extending the scope of NRC review and
not further define major features of Energy Act, and the NRC’s regulations, issue finality to the manufacturing
emergency plans. Section 52.18 of insofar as they relate to the major process itself. The NRC is considering
subpart A requires the Commission to features under review. extending regulatory review approval,
determine, after consultation with the The NRC believes that, under this and consequently expand issue finality,
Federal Emergency Management alternative, the level of finality to the manufacturing itself in the final
Agency, whether any major features of associated with each major feature that rule. There are two models that the
emergency plans submitted by the the Commission found acceptable Commission is considering adopting if it
applicant under § 52.17(b) are would be equivalent, for that individual were to move in this direction. The first
acceptable. Section 52.18 does not major feature, to the level of finality would be an analogue to the subpart C
provide any further explanation of the associated with a reasonable assurance of part 52 combined license process,
Commission’s criteria for judging the finding by the NRC for a complete and whereby the NRC would review and
acceptability of major features of integrated plan, including ITAAC, at the approve manufacturing ITAAC to be
emergency plans. early site permit stage. included in the manufacturing license.
During the manufacturing of each certification under subpart B of part 52. within the time frame allotted under
reactor, the NRC would verify at the Specifically, § 52.11 states that subpart § 52.103(e), and any Commission
manufacturing location whether the A of part 52 sets out the requirements determinations on petitions as provided
ITAAC have been conducted and the and procedures applicable to NRC under § 52.103(f). The NRC requests
acceptance criteria met. A NRC finding issuance of early site permits for public comment on the benefits and
of successful completion of all the approval of a site or sites for one or impacts (including information
ITAAC would preclude any further more nuclear power facilities separate collection and reporting burdens) that
inspection of the acceptability of the from the filing of an application for a would occur if the proposed
manufacture of the reactor at the site construction permit or combined license requirement were adopted.
where the manufactured reactor is to be for such a facility. Similarly, § 52.41 7. As discussed in Section IV.C.6.f of
permanently sited and operated. The states that subpart B of part 52 sets out this proposed rule, the NRC is
NRC’s inspections and findings for the the requirements and procedures proposing to modify § 52.79(a) to add
combined license or operating license applicable to NRC issuance of requirements for descriptions of
would be limited to whether the reactor regulations granting standard design operational programs that need to be
had been emplaced in undamaged certification for nuclear power facilities included in the FSAR to allow a
condition (or damage had been separate from the filing of an reasonable assurance finding of
appropriately repaired) and all interface application for a construction permit or acceptability. This proposed
requirements specified in the combined license for the facility. amendment is in support of the
manufacturing license had been met. However, the current regulations in 10 Commission’s direction to the staff in
The NRC believes that it has authority CFR part 50 that address the application SRM–SECY–02–0067 dated September
to issue a manufacturing license under for and granting of construction permits 11, 2002, ‘‘Inspections, Tests, Analyses,
Section 161.h of the AEA. do not make any reference to a and Acceptance Criteria for Operational
The other model that the NRC could construction permit applicant’s ability Programs (Programmatic ITAAC),’’ that
adopt would be a combination of the to reference either an early site permit a combined license applicant was not
approval processes used by the Federal or a design certification. Also, the NRC required to have ITAAC for operational
Communications Commission (FCC) has not developed any guidance on how programs if the applicant fully
and Federal Aviation Administration the construction permit process would described the operational program and
(FAA) in approving the manufacture of incorporate an early site permit or its implementation in the combined
electronic devices and airplanes. The design certification, nor has the nuclear license application. In this SRM, the
NRC’s manufacturing license would power industry made any proposals for Commission stated:
approve: (1) The design of the nuclear the development of industry guidance [a]n ITAAC for a program should not be
power reactor to be manufactured; (2) on this subject. The NRC has not necessary if the program and its
the specific manufacturing and quality received any information from potential implementation are fully described in the
assurance/quality control processes and applicants stating an intention to seek a application and found to be acceptable by the
procedures to be used during NRC at the COL stage. The burden is on the
construction permit for the construction applicant to provide the necessary and
manufacture; and (3) tests and of a future nuclear power plant. In
acceptance criteria for demonstrating sufficient programmatic information for
addition, the NRC recommends that approval of the COL without ITAAC.
that the reactor has been properly future applicants who want to construct
manufactured. To be completely Accordingly, the NRC is proposing in
and operate a commercial nuclear the final part 52 rulemaking to add
consistent with the FCC and FAA
power facility use the combined license requirements to § 52.79 that combined
models, the NRC would issue a
process in subpart C of part 52. license applications contain
manufacturing license only after a
Therefore, the NRC is considering descriptions of operational programs. In
prototype of the reactor had been
removing from part 52, in the final rule, doing so, the Commission has taken into
constructed and tested to demonstrate
the provisions allowing a construction account NEI’s proposal to address SRM–
that all performance requirements (i.e.,
permit applicant to reference an early SECY–04–0032 in its letter dated
compliance with NRC requirements and
site permit or a design certification and August 31, 2005 (ML052510037).
manufacturer’s specifications) can be
is interested in stakeholder feedback on However, the NRC is concerned that
met by the design to be approved for
this alternative. there may be operational program
manufacture.
The NRC requests public comment on 6. The NRC is considering revising requirements that it has not captured in
whether the manufacturing license § 52.103(a) in the final rule to require its proposed § 52.79. Therefore, the NRC
process in proposed subpart F of part 52 the combined license holder to notify is requesting public comment on
should be further extended in the final the NRC of the licensee’s scheduled date whether there are additional required
rule to provide an option for NRC for loading of fuel into a plant no later operational programs that should be
approval of the manufacturing, and if than 270 days before the scheduled described in a combined license
so, which model of regulatory oversight, date, and to advise the NRC every 30 application that are not identified in
i.e., the combined license ITAAC model days thereafter if the date has changed proposed § 52.79. If additional required
or the FCC/FAA approval model, should and if so, the revised scheduled date for operational programs are identified, the
be used by the NRC. The NRC also seeks loading of fuel. The initial notification Commission is considering adding them
public comment on whether an would facilitate timely NRC publication to § 52.79 in the final rule.
opportunity for hearing is required by of the notice required under § 52.103(a) 8. The NRC notes that the backfitting
the AEA in connection with a NRC and NRC staff scheduling of inspection provisions applicable to various part 52
determination that the manufacturing and audit activities to support NRC staff processes are contained in both part 50
ITAAC have been successfully determinations of the successful and part 52 and, therefore, the proposed
completed. completion of ITAAC under § 52.99. language for § 50.109 cross-references to
5. Currently, part 52 allows an The proposed updating would also applicable provisions of part 52, which
applicant for a construction permit to facilitate NRC staff scheduling of those may be confusing. The NRC is
reference either an early site permit inspection and audit activities, considering adopting in the final rule an
under subpart A of part 52 or a design Commission completion of hearings alternative which would remove from
§ 50.109 the backfitting provisions with respect to the alternative issued, the ESP finality provisions in
applicable to the licensing and approval addressing updating environmental proposed § 52.39 would apply to the
processes in part 52, and place them in information and emergency matters addressed in the supplemental
part 52. There are two possible preparedness information, adopt either EA or EIS, and those matters need not
approaches for doing so: the first would or both alternatives in the final part 52 be addressed in any combined license
be for the NRC to establish a general rulemaking, in place of or in addition to proceeding referencing the ESP. Thus,
backfitting provision in part 52 the proposed rule’s alternative of for example, if a new and significant
applicable exclusively to the licensing conducting the updating in each environmental issue, for example, a
and approval processes in part 52. combined license proceeding. Under the newly-designated endangered species, is
Under this approach, each licensing and option where multiple alternatives for addressed in the supplemental ESP EIS,
approval process in part 52 would be updating environmental and emergency the matter would be resolved for all
the subject of a backfitting section in a preparedness information would be combined licenses referencing the ESP
new subpart of part 52 (e.g., § 52.201 for allowed, the Commission proposes that (unless, of course, there is new and
standard design approvals, etc.). The the decision be left to the combined significant information identified at the
existing backfitting provisions license applicant as to which alternative time of a subsequent referencing
applicable to early site permits and to pursue. Commenters are requested to combined license with respect to that
design certification would be transferred address: (1) The advantages and endangered species). There would be no
to the relevant sections in the new disadvantages of adopting each updating of environmental information
subpart. The second approach would be alternative for updating environmental necessary in the combined license
to ensure that each subpart of part 52 and emergency preparedness proceeding. The Commission considers
contains the backfitting provisions information in an ESP proceeding as this approach for updating the ESP as
applicable to the licensing or approval opposed to the proposed rule’s meeting the Agency’s obligations under
process in that subpart. The NRC is alternative of conducting the updating NEPA, without imposing undue burden
considering adopting these alternative in each combined license proceeding; on the ESP holder and the NRC through
approaches in the final rule and (2) whether the Commission should continuous or periodic updating, and
requests public comment on whether only allow updating of environmental preserving the distinction between the
either of these administrative and emergency preparedness ESP and any referencing combined
approaches is preferable to the approach information in an ESP proceeding or in license proceeding. Since an ESP may
in the proposed rule. a COL proceeding, but not both; and (3) be referenced more than once, this
9. The Commission is considering if the Commission allows updating in approach would provide for issue
adopting in the final part 52 rulemaking either an ESP proceeding or in a COL finality of the updated information and
an alternative to the re-proposed rule’s proceeding, whether it should be an preclude the need for reconsideration of
approach for addressing new and option for the COL applicant to decide the same environmental issue in
significant environmental information which update process to pursue. The successive combined license
with respect to matters addressed in the Commission believes it may allow COL proceedings referencing the ESP. The
ESP EIS which require applicants the option of deciding Commission requests public comment
supplementation.10 As a separate whether to update environmental and on this proposal, which would likely
matter, the Commission is also emergency preparedness information in involve changes to §§ 52.39, 51.50(c),
considering adopting in the final part 52 either an ESP proceeding or in a COL 51.75, and 51.107 (and possibly
rulemaking an analogous requirement
proceeding in order to afford the COL conforming changes in parts 2, 51, and
for addressing new information
applicant the determination which 52).
necessary to update and correct the
approach best satisfies their business Emergency preparedness information
emergency plan approved by the ESP,
and economic interests. resolved in ESP. The Commission is
the ITAAC associated with emergency
preparedness (EP), or the terms and Environmental matters resolved in separately considering requiring a
conditions of the ESP with respect to ESP. The Commission is considering combined license applicant referencing
emergency preparedness, or new requiring a combined license applicant an ESP to provide to the NRC new EP
information materially changing the planning to reference an ESP to submit information necessary to correct
Commission’s determinations on a supplemental environmental report for inaccurate information in the ESP
emergency preparedness matters the ESP. The supplemental emergency plan, EP ITAAC, or the terms
previously resolved in the ESP. To environmental report must address and conditions of the ESP with respect
implement either or both of these whether there is any new and to EP. Based upon the EP information
alternatives, the Commission is also significant environmental information submitted by the combined license
evaluating whether several additional with respect to the environmental applicant, the NRC will, as necessary,
concepts should be adopted in the final matters addressed in the ESP EIS. Based approve changes to the ESP emergency
rulemaking. The two alternatives, as upon this information, the NRC will plan, the EP ITAAC, or the terms and
well as the additional implementing prepare a draft supplemental conditions of the ESP with respect to
concepts, are described below. The environmental assessment (EA) or EIS EP. Once the Commission has resolved
Commission emphasizes that it may, setting forth the agency’s proposed the EP updating matters, these matters
determinations with respect to any new would be accorded finality under
10 The scope of environmental information that and significant information. In § 52.39. There would be no separate
must be supplemented is limited to the matters accordance with existing practice and updating necessary in the combined
which were addressed in the original EIS for the procedure, the draft supplemental EA or license proceeding. Thus, for example,
ESP. Thus, for example, if the ESP applicant chose

not to address need for power (as is allowed under EIS will be issued for public comment. if an EP ITAAC in an ESP were changed
§ 52.18), the combined license applicant need not After considering comments received by virtue of this updating process, the
address need for power in its environmental report from the public and relevant Federal changed ITAAC for EP would be
(ER) to update the ESP EIS, and the NRC need not
determine whether there is new and significant
and State agencies, the NRC will issue applicable to any combined license
information with respect to need for power as part a final supplemental EA or EIS. Once referencing the ESP whose ITAAC have
of the updating of the ESP EIS. the final supplemental EA or EIS is not yet been satisfied (i.e., the amended
EP ITAAC would not be applicable to a upon the public comments, the significant environmental information,
combined license where the Commission will adopt one of these and/or new information necessary to
Commission has made the § 52.103(g) alternatives, if it decides that updating update and correct the emergency plan
finding with respect to that EP ITAAC). of environmental and/or EP matters approved by the ESP, the ITAAC
The NRC’s consideration of such EP should be accomplished in an ESP associated with emergency
information would be considered to be proceeding, as opposed to the combined preparedness (EP), or the terms and
part of the ESP proceeding, and any license proceeding in which the ESP is conditions of the ESP with respect to
necessary changes with respect to EP referenced. emergency preparedness, or otherwise
would therefore be deemed to be Expanding the scope of resolved materially changing the Commission’s
changes within the scope of the ESP. issues after ESP issuance. The determinations on emergency
The Commission considers this Commission is also considering whether preparedness matters previously
proposal as a means for updating the the final rule should include provisions resolved in the ESP. These procedures
ESP with respect to EP information in addressing how the ESP holder may and criteria, if approved as part of the
a timely fashion, without imposing request, at any time after the issuance of ESP issuance, could be used by any
undue burden on the ESP holder and the ESP, that additional issues be combined license applicant referencing
the NRC through continuous or periodic resolved and given finality under the ESP to identify the need to update
updating, while preserving the § 52.39. For example, the holder of the the ESP with respect to environmental
distinction between the ESP and any ESP which does not include an and/or emergency preparedness
referencing combined license approved emergency plan, may wish to information. There would be no need
proceeding. submit complete emergency plans for for the NRC to review the adequacy of
Since an ESP may be referenced more NRC review and approval. Such a the ESP holder/combined license
than once, this approach would provide request is not explicitly addressed in applicant’s process and criteria for
for issue finality of the updated either the current or re-proposed determining whether new information is
information and preclude the need for subpart A to part 52, although it would of such importance or significance so as
reconsideration of the same issue in be reasonable to treat that request as an to require updating; the NRC review
successive combined license application to amend the ESP. could thereby be focused solely on
proceedings referencing the ESP. The The Commission requests public whether the ESP holder’s updated
Commission requests comment whether comment on whether the Commission information, or determination that there
this approach should be adopted by the should adopt in the final rule new is no change in either an environmental
Commission in the final rulemaking, provisions in subpart A to part 52 that or emergency preparedness matter, was
which will likely involve changes to would explicitly address requests by the correct and adequate. Under this
§ 52.39 (and possible conforming ESP holder to amend the early site proposal, § 52.17 and/or § 51.50(b)
changes in § 50.47, 50.54, and 10 CFR permit to expand the scope of issues would be amended to incorporate such
part 50, appendix E). which are resolved and given issue a process for ‘‘pre-approval’’ of ESP
ESP updating in advance of combined finality under § 52.39. The Commission updating procedures and criteria.
license application submission. To is also considering whether, as part of While NRC approval of updating
minimize the possibility that the ESP the ESP updating process discussed procedures and criteria would be
updating process may adversely affect a above, the ESP holder/combined license reflected in the ESP, the Commission
combined license proceeding applicant should be allowed to request does not believe that the ESP itself must
referencing that ESP, the Commission an expansion of issues which are contain the procedures and criteria in
proposes to require the combined resolved and given issue finality. order to be accorded finality under
license applicant intending to reference If the Commission were to allow an § 52.39. An ESP holder/combined
an ESP to submit its application to ESP holder/combined license applicant license applicant need not comply with
update the ESP with respect to EP and/ to expand the scope of resolved issues any or all of the updating process and
or environmental information no later in the ESP update proceeding, the criteria, and would be free to use (and
than 18 months before the submission of Commission believes that the 18-month justify) other procedures or criteria in
its combined license application. The time period for filing the updating the ESP updating proceeding. Naturally,
Commission believes that the 18-month application in the ESP proceeding may there would be no finality associated
lead time is sufficient to complete the be insufficient, and is considering with such departures from the ESP-
NRC’s regulatory consideration of the adopting in the final rule a 24-month (2- approved procedures and criteria.
updating, such that the combined year) period for filing the ESP updating The Commission does not believe that
license applicant will be able to prepare application, where the ESP holder/ either subpart A of part 52 or an ESP
its application to reflect the updated combined license applicant seeks to with the contemplated approved
ESP. The Commission also recognizes expand the scope of resolved issues. updating procedures and criteria should
that there may be increased regulatory The Commission seeks public comment contain a ‘‘change process’’ akin to
complexity under this approach, as well on whether, in such cases, the § 50.59, allowing the ESP holder to
as the possibility that resources may be Commission should require in the final make changes to the approved updating
unnecessarily expended if the potential rule an 18- or 24-month period, or some procedures and criteria without NRC
combined license applicant ultimately other period, for submitting its ESP review and approval. Any change (other
decides not to proceed with its updating application. than typographic and administrative
application. The Commission requests Approval in ESP of process and corrections) should require an
public comment on whether the 18- criteria for updating ESP after issuance. amendment to the ESP. However, the
month lead time is appropriate, whether The Commission requests public Commission seeks public comment on
the time should be decreased or comment whether the Commission whether a different course should be
increased, or whether the Commission should adopt in the final rulemaking adopted in the final rule.
should simply require that the ESP provisions affording the ESP applicant The Commission recognizes that any
update application be filed no later than the option of requesting NRC approval NRC-approved procedures and criteria
simultaneously with the filing of the of procedures and criteria for for updating environmental and/or
combined license application. Based identifying and assessing new and emergency preparedness information in
an ESP updating process as described combined license application below. The Commission considers most
above, would be equally valid for periodically throughout the life of the of NEI’s proposed changes to be
updating such information under the facility on a schedule similar to the consistent with proposed § 52.63(a)(1);
updating provisions in the re-proposed schedule for final safety analysis report in particular, the Commission believes
rule. The Commission requests (FSAR) updates (i.e., at least every 24 that the proposed changes would satisfy
comments on whether, if the months) or, alternatively, on a schedule the ‘‘reduces unnecessary regulatory
Commission adopts in the final to coincide with every other refueling burden’’ criterion in proposed
rulemaking the re-proposed rule’s outage. Updates would be required to § 52.63(a)(1)(iii). The few remaining
concept of updating in the combined ensure that the information included in changes, constituting editorial
license proceeding, the Commission the PRA contains the latest information clarifications or corrections reflecting
should provide the ESP applicant with developed. The PRA update submittal the Commission’s original intent, are
the option of seeking NRC approval of would be required to contain all the not subject to the existing change
the procedures and criteria for updating changes necessary to reflect information restrictions in § 52.63(a)(1).
environmental and/or emergency and analyses submitted to the Accordingly, the Commission believes
preparedness information in a combined Commission by the licensee or prepared that it has authority to incorporate some
license proceeding which references the by the licensee pursuant to Commission or all of the NEI-proposed changes into
ESP. requirement since the submittal of the appendices A–D in the final part 52
Public participation in ESP updating original PRA, or as appropriate, the last rulemaking.
process. The Commission is considering update to the PRA under this section. The Commission also requests
two ways for allowing public The submittal would be required to comments on whether some of NEI’s
participation in the updating process, if include the effects of all changes made proposed changes accepted in the
the updating alternative is adopted in in the facility or procedures as reflected AP1000 design certification and
the final rule. One approach would be in the PRA; all safety analyses and proposed for inclusion in appendices
to allow interested persons to challenge evaluations performed by the licensee A–C should not be included in those
the proposed updating by submitting a either in support of approved license appendices in the final part 52
petition, analogous to that in proposed amendments or in support of rulemaking because they are
§ 52.39(c)(2), which would be processed conclusions that changes did not require unnecessary, or because they would not
in accordance with § 2.206. This a license amendment in accordance meet one or more of the change criteria
approach would be most consistent with with § 50.59(c)(2) or, in the case of a in proposed § 52.63(a)(1). The
the existing provisions in § 52.39, license that references a certified design, Commission is also assessing whether
inasmuch as updating of an ESP is in accordance with § 52.98(c); and all NEI’s proposed changes which were not
roughly equivalent to a request that the analyses of new safety issues performed adopted in the AP1000 final rulemaking
terms and conditions of an ESP be by or on behalf of the licensee at should be adopted in the final part 52
modified. A consequence of this Commission request. The Commission rulemaking for all four design
approach is that the potential scope of requests stakeholder feedback on certifications, including the AP1000.
matters which may be raised is not whether such a requirement should be The Commission is particularly
limited to those ESP matters which the added to the Commission’s regulations interested in whether there are reasons,
ESP holder/combined license applicant and, if so, what is an appropriate update other than those presented by NEI, for
and the NRC conclude must be updated. schedule. adopting those changes, as well as
The other approach that the 11. In a letter dated July 5, 2005, the commenter’s views on the
Commission may adopt is to treat any Nuclear Energy Institute (NEI) Commission’s reasons for rejecting the
necessary updating as an amendment to submitted comments on the proposed NEI proposals as stated in the final
the ESP, for which an opportunity to rule for the AP1000 design certification. AP1000 design certification rulemaking.
request a hearing is provided. This Many of those comments have generic a. NEI recommended modification of
approach would limit the scope of the applicability to the three pre-existing the generic technical specification
hearing to those matters for which an design certification rules (DCRs) in definition in Section II.B to clarify that
amendment is required. Where the ESP appendices A–C of 10 CFR part 52. In bracketed information is not part the
holder does not request an amendment the final AP1000 rulemaking ( January DCRs for purposes of the change
on the basis that no updating is 27, 2006; 71 FR 4464), the Commission processes in Section VIII.C, and an
necessary with respect to a matter, an adopted some of the NEI-recommended exemption is not required for plant-
interested person could not intervene changes, while rejecting others (71 FR at specific departures from bracketed
with respect to that matter. A 4465–4468). For those changes that were information. The Commission stated in
consequence of this approach is that, adopted in the final AP1000 design the section-by-section analysis for the
under the Commission’s regulations in certification, the Commission indicated AP1000 DCR (71 FR 4464) that some
10 CFR part 2 and its current practice, that it would consider making the same generic technical specifications and
a hearing granted on any amendment changes to the existing design investment protection short-term
necessitated by the updating process certifications in appendices A–C. For availability controls contain values in
would be more formalized than a those changes that were not adopted in brackets. The values in brackets are
hearing accorded under the § 2.206 the final AP1000 design certification, neither part of the DCR nor are they
petition process. The Commission the Commission stated that it would binding. Therefore, the replacement of
requests public comment on the reconsider the issues in the part 52 bracketed values with final plant-
approach that the Commission should rulemaking, and if the Commission specific values does not require an
adopt, together with the reasons for the changes its position and the change is exemption from the generic technical
commenter’s recommendation. adopted, the Commission would make specifications or investment protection
10. The Commission is considering the change for all four design short-term availability controls. The
adopting in the final part 52 rulemaking certifications, including the AP1000. Commission believes that including this
a new provision in § 50.71 that would The Commission is considering guidance in each DCR is not necessary.
require combined license holders to amending the appropriate sections in The Commission requests comment on
update the PRA submitted with the each DCR based on the comments whether there are countervailing
considerations that favor inclusion of e. NEI recommended modification of not be considered a resolved issue,
this provision in the DCRs. the requirement in Section X.A.1 to within the meaning of Section VI of this
b. NEI recommended modification of require the design certification appendix and 10 CFR 52.63(a)(4),’’ in
the Tier 2 definition in Section II.E to applicant to include all generic changes order to be consistent with the
clarify that bracketed information in the to the generic technical specifications requirement in Section VI.B.5 of the
investment protection short-term and other operational requirements in DCRs. The Commission believes that
availability controls is not part of Tier the generic DCD. The Commission departures from Tier 2* information
2 and thus not subject to the Section believes that inclusion of changes to the should not receive finality or be treated
VIII.B change controls. The Commission generic technical specifications and as resolved issues within the meaning of
stated in the section-by-section analysis other operational requirements will section VI.B of the DCRs. The
for the AP1000 DCR (71 FR 4464) that enhance the generic DCD and facilitate Commission requests comment on
some generic technical specifications its use by referencing applicants. The whether departures from Tier 2*
and investment protection short-term Commission is considering amending information should be considered a
availability controls contain values in each of the DCRs to include the generic resolved issue, and may decide to
brackets. The values in brackets are technical specifications and other remove this provision from each DCR.
neither part of the DCR nor are they operational requirements in the generic k. NEI recommended modification of
binding. Therefore, the replacement of DCD and requests public comment on Section VIII.C.3 to require the NRC to
bracketed values with final plant- this approach. meet the backfit requirements of 10 CFR
specific values does not require an f. NEI recommended modification of 50.109 in addition to the special
exemption from the generic technical the requirement in Sections IV.A.2 and circumstances in 10 CFR 2.758(b) in
specifications or investment protection IV.A.3 to be consistent with respect to order to require plant-specific
short-term availability controls. The inclusion of information in the plant- departures from operational
Commission believes that including this specific DCD, or explain the difference requirements. The Commission believes
guidance in each DCR is not necessary. between ‘‘include’’ (IV.A.2) and that plant-specific departures should
The Commission requests comment on ‘‘physically include’’ (IV.A.3). The not have to meet the backfit requirement
whether there are countervailing Commission is considering amending for generic changes. The Commission
considerations that favor inclusion of each of the DCRs to use the same term will have to demonstrate that special
this provision in the DCRs. in both provisions, and requests public circumstances, as defined in § 2.335, are
c. NEI recommended modification of comment on this approach. present in order to require a plant-
the requirement in Section VIII.C.2 to g. NEI recommended modification of specific departure. The Commission
delete the phrase ‘‘or licensee’’ because the definition in Section II.E.1 to requests comment on whether there are
that phrase conflicted with the exclude the design-specific probabilistic countervailing considerations that
requirement in Section VIII.C.6. The risk assessment (PRA) and the would favor modification of this
Commission believes that generic evaluation of the severe accident provision in the DCRs.
technical specifications should not mitigation design alternatives (SAMDA) l. NEI recommended modification of
apply to holders of a combined license from Tier 2 information. The the requirement in Section VIII.C.4 to
because the license will include plant- Commission believes that the PRA and include a requirement that operational
specific technical specifications. SAMDA evaluations do not need to be requirements that were not completely
Therefore, the Commission is included in Tier 2 information because reviewed and approved by the NRC
considering amending each of the DCRs they are not part of the design basis should not be subject to any Tier 2
to delete the phrase ‘‘or licensee’’ from information. The Commission is change controls, e.g. exemptions.
Section VIII.C.2 and requests public considering amending each of the DCRs However, NEI previously proposed that
comment on this approach. to modify the definition of Tier 2, and requested departures from Chapter 16
d. NEI recommended modification of requests public comment on this by an applicant for a COL require an
the requirement in Section VIII.C.6 to approach. exemption (62 FR 25808; May 12, 1997).
delete the last portion, which states h. NEI recommended modification of The Commission believes that the
‘‘changes to the plant-specific technical the requirement in Section III.E to use requirement for an exemption applies to
specifications will be treated as license ‘‘site characteristics’’ consistently, technical specifications and operational
amendments under 10 CFR 50.90.’’ NEI instead of ‘‘site-specific design requirements that were completely
stated that this sentence is not necessary parameters.’’ The Commission intends reviewed and approved in the design
because it is redundant with § 50.90. It to use the term ‘‘characteristics’’ to refer certification rulemaking (see 62 FR
is not necessary to include a provision to actual values and ‘‘parameters’’ to 25825). The Commission requests
in each DCR stating that a license refer to postulated values. The comment on whether departures from
amendment is necessary to make Commission has proposed amending technical specifications and operational
changes to technical specifications in Section III.E of each DCR to use ‘‘site requirements that were not completely
order to render this a legally-binding characteristics,’’ and requests public reviewed and approved should also
requirement inasmuch as Section 182.a comment on this approach. require an exemption.
of the AEA requires that technical i. NEI recommended modification of m. NEI recommended modification of
specifications be part of each license. Section IV.A.2 to clarify the use of the requirement in Section VIII.C.4 to
The Commission believes that clarity ‘‘same information’’ and ‘‘generic DCD’’ delete the sentence ‘‘The grant of an
and understanding by the reader is in that requirement. The Commission exemption must be subject to litigation
enhanced by repeating the statutory has proposed amending Section IV.A.2 in the same manner as other issues
requirement in each DCR. The of each DCR to use the phrase ‘‘same material to the license hearing,’’ in order
Commission requests comment on type of information’’ to avoid confusion, to be consistent with the requirement in
whether there are countervailing and requests public comment on this Section VI.B.5 of the DCRs. The
considerations that favor non-inclusion approach. Commission believes that exemptions
of this provision in the DCRs, and may j. NEI recommended modification of from operational requirements should
decide to remove this provision in the the requirement in Section VIII.B.6.a to not receive finality or be treated as
final part 52 rulemaking. delete the sentence ‘‘The departure will resolved issues (refer to section VI.C of
the DCRs). The Commission requests example, 3 months prior to COL 13. As discussed in Section IV.F.6 of
comment on whether exemptions from issuance, or within some time period this statement of considerations, the
operational requirements should be (e.g., 6 months or 1 year) after COL Commission proposes in this
considered a resolved issue, and may issuance. In addition, the Commission is rulemaking, as a matter of policy and
decide to modify this provision in each considering an additional element to discretion, that the Commission hold a
DCR. this provision that would require that ‘‘mandatory’’ hearing (i.e., a hearing
n. NEI recommended modification of the licensee submit an update to the which, under NRC requirements in 10
the requirement in Section IX.B.1 to ITAAC schedule within 12 months after CFR part 2, is held regardless of whether
better distinguish between NRC staff combined license issuance and that the the NRC receives any hearing requests
ITAAC conclusions under proposed licensee update the schedule every 6 or petitions to intervene) in connection
Section 52.99(e) and the Commission’s months until 12 months before with the initial issuance of every
ITAAC finding under proposed Section scheduled fuel load, and monthly manufacturing license. The Commission
52.103(g). The Commission believes that thereafter until all ITAAC are complete. believes that Section 189.a.(1)(A) of the
individual DCRs should not address the The Commission is considering AEA does not require that a hearing be
scope of the NRC staff’s activities with adopting these requirements to support held in connection with the initial
respect to ITAAC verification. This is a the NRC staff’s inspection and oversight issuance of a manufacturing license.
generic matter that, if it is to be with respect to ITAAC completion, and Nonetheless, there are several reasons
addressed in a rulemaking, is more to facilitate publication of the Federal for the Commission to require by rule,
appropriate for inclusion in subpart C of Register notices of successful as a matter of discretion, a mandatory
part 52 dealing with combined licenses. completion of ITAAC as required by hearing. A manufacturing license may
The Commission requests comment on proposed § 52.99(e). The Commission be viewed as analogous to a
whether there are countervailing requests stakeholder comment on construction permit—a regulatory
considerations that favor clarification of whether such a provision, with or approval for which Section 189 of the
this provision in the DCRs. without the update element, should be
o. NEI recommended modification of AEA specifically requires that a hearing
added to the Commission’s regulations be held. Even though the Commission’s
the language in Section IX.B.3 to make and which time frame for submission of
editorial changes for clarity, e.g. regulations did not address the hearing
the schedule would be most beneficial. requirements for manufacturing
‘‘ITAAC will expire’’ vs. ‘‘their
expiration will occur.’’ The Commission The Commission is also considering licenses, the Commission noticed a
believes that the original rule language adopting a provision that would ‘‘mandatory’’ hearing in connection
is acceptable. The Commission requests establish a specific time by which the with the only manufacturing license
comment on whether there are licensee must complete all ITAAC to application ever received by the
countervailing considerations that favor allow sufficient time for the NRC staff Agency. Offshore Power Systems
clarification of this provision in the to verify successful completion of (Floating Nuclear Power Plants), 38 FR
DCRs. ITAAC, without adversely affecting the 34008 (December 10, 1973).
p. NEI recommended modification of licensee’s scheduled date for fuel load Accordingly, proposed §§ 2.104 and
the language in Sections X.B.1 and and operation. The Commission 52.163 require that a mandatory hearing
X.B.3 to clarify references to the design considers ‘‘60 days prior to the schedule be held in each proceeding for initial
control documents, e.g. ‘‘plant-specific’’ date for initial loading of fuel’’ to be a issuance of a manufacturing license.
vs. ‘‘generic.’’ The Commission agrees reasonable time period by which all However, the Commission recognizes
that the references to plant-specific and ITAAC must be completed. However, that there may be countervailing
generic DCD should be clarified in the Commission requests comments on considerations weighing against
Sections X.B.1 and X.B.3 to ensure that whether this time period would provide Commission adoption of a rulemaking
the requirements in these sections are too much or too little time prior to provision mandating that a hearing be
properly implemented by applicants scheduled fuel load. Alternatively, the held in connection with the initial
referencing the design certification Commission is considering a 30-day or issuance of every manufacturing license
rules. The Commission requests public a 90-day time period prior to scheduled where there has been no stakeholder
comment on this prospective fuel load. The 30-day option would interest in a hearing. If there is no
modification. allow more flexibility for the licensee to stakeholder interest in a hearing,
12. The Commission is considering complete ITAAC late in construction transparency and public confidence
adopting in the final part 52 rulemaking but would require immediate action on would not appear to be relevant
a new provision that would either the part of the NRC (to determine if the considerations in favor of holding a
require combined license applicants to final ITAAC were completed mandatory hearing. Considerations of
submit a detailed schedule for the successfully and, if so, for the regulatory efficiency and effectiveness
licensee’s completion of ITAAC or Commission to make its finding under would be paramount, and would weigh
require the combined license holder to § 52.103(g)) so as not to delay scheduled against holding of a mandatory hearing.
submit the schedule for ITAAC fuel load. The 90-day option would The Commission requests comments on
completion. Delaying submission of the reduce licensee flexibility to complete whether the Commission should
schedule would allow the combined ITAAC late in construction but would exercise its discretion to provide by rule
license holder to develop the schedules ensure that the NRC had ample time to an opportunity for hearing, rather than
based on more accurate information make its determination on the final a mandatory hearing, and the reasons in
regarding construction schedules and ITAAC for Commission review of all favor of providing an opportunity for
would allow the schedule to be ITAAC under § 52.103(g). The hearing as opposed to holding a
submitted at a time when it would be Commission requests stakeholder mandatory hearing. Based upon the
most useful to the NRC for planning comment on whether a provision public comments, the Commission may
purposes. The Commission could requiring completion of ITAAC within a adopt a final rule which deletes
require that applicants submit the certain time period prior to scheduled § 2.104(f), revises § 2.105 (governing the
schedule within a specified time prior fuel load should be added to the content of a Federal Register notice of
to scheduled COL issuance, for Commission’s regulations. proposed action where a mandatory
hearing is not held under § 2.104) to There are currently three ways of information. For an early site permit
add, as appropriate, references to resolving generic design issues: (1) The applicant, the retrospective obligation is
issuance of manufacturing licenses, and combined license applicant that that the early site permit holder and its
revised § 52.163 to provide an references a DCR could submit plant- contractors, upon issuance of the early
opportunity for hearing rather than a specific resolutions in its application, site permit, must report all known
mandatory hearing in connection with which could result in loss of defects or failures to comply in ‘‘basic
the initial issuance of a manufacturing standardization; (2) a vendor could components,’’ as defined in part 21.
license. submit generic resolutions in topical Under the proposed part 21
14. As discussed in Section IV.C.5.g of reports that, if approved, could but requirements presented in this rule, the
this SOC, the proposed rule would would not be required to be referenced early site permit holder and its
amend the special backfit requirement in a combined license application; or (3) contractors are required to meet these
in 10 CFR 52.63(a)(1) to provide the the Commission could exempt itself requirements upon issuance of the early
Commission with the ability to make from the special backfit requirement in site permit. Accordingly, applicants
changes to the design certification rules § 52.63(a)(1) and amend the DCR to should procure and control safety-
incorporate a generic resolution, which related design and analysis or
(DCRs) or the certification information
could result in multiple rulemakings to consulting services in a manner
in the generic design control documents
revise each DCR to incorporate each sufficient to allow the early site permit
that reduce unnecessary regulatory
generic resolution. The Commission holder and its contractors to comply
burdens. The underlying rationale for
intends that any review of a proposed with the above described reporting
this provision also forms the basis for
generic resolution would be performed requirements of Section 206, as
amending the Tier 2 change process in
under the regulations that are applicable implemented by part 21. A similar
the three DCRs (appendices A, B, and C
and in effect at the time that the argument applies to design certification
of part 52) to incorporate the revised
approval or amendment is completed. applicants. Although the Commission
change criteria in 10 CFR 50.59. Therefore, the NRC is requesting has not proposed an explicit
The Commission is considering public comments on: (1) Whether a requirement imposing part 21 on
adopting an additional provision provision should be added to applicants for an early site permit or
[§ 52.63(a)(1)(iv)] in the final rule that § 52.63(a)(1) to allow generic design certification in this rule, it is
would allow amendments of design amendments to design certification considering adopting such a
certification rules to incorporate generic information that meet applicable requirement in the final part 52
resolutions of design acceptance criteria regulations in effect at the time that the rulemaking because, as a practical
(DAC) or other design information rulemaking is completed; and (2) matter, the NRC has to require these
without meeting the special backfit whether the generic resolutions should applicants to implement a part 21
requirement in the current § 52.63(a)(1). be incorporated into a DCR without program before approval of the early site
The applicants for the current DCRs meeting a backfit requirement, which permit or design certification. Therefore,
requested use of DAC in lieu of would provide for completion of the providing explicit part 21 requirements
providing detailed design information design certification information and for applicants would clarify the
for certain areas of their nuclear plant facilitate standardization, or whether an Commission’s intent. The Commission
designs, for example, instrumentation application for a generic amendment requests stakeholder comment on
and control systems. Under the should be required to meet a backfit whether it should, in the final rule,
proposed requirements, a generic requirement (e.g., § 50.109). impose part 21 reporting requirements
change to design certification 15. In Section IV.J of the on applicants for early site permits and
information would have to meet the Supplementary Information of this design certifications.
special backfit requirement of Federal Register Notice, the NRC
§ 52.63(a)(1) or reduce an unnecessary outlines key principles regarding its VI. Availability of Documents
regulatory burden while maintaining proposal for reporting requirements that The NRC is making the documents
protection to public health and safety implement Section 206 of the Energy identified below available to interested
and the common defense and security. Reorganization Act, as amended, for persons through one or more of the
The Commission adopted this special part 52 licenses, certifications, and following methods as indicated.
backfit requirement to restrict changes approvals. The NRC discusses that the Public Document Room (PDR). The
and to require that everyone meet the beginning of the ‘‘regulatory life’’ of a NRC Public Document Room is located
same backfit standard for generic referenced license, standard design at 11555 Rockville Pike, Rockville,
changes, thereby ensuring that all plants approval, or standard design Maryland.
built under a referenced DCR would be certification under part 52 occurs when Rulemaking Web site (Web). The
standardized. By allowing a DCR an application for a license, design NRC’s interactive rulemaking Web site
amendment to include generic approval, or design certification is is located at http://ruleforum.llnl.gov.
resolutions of DAC or other design docketed. The NRC also cautions, These documents may be viewed and
information, the Commission would however, that this does not mean that an downloaded electronically via this Web
enhance its goals for design applicant is without Section 206 site.
certification, for example, early responsibilities for pre-application NRC’s Public Electronic Reading
resolution of all design issues and activities because there are two aspects Room (EPDR). The NRC’s electronic
finality for those issue resolutions, to the reporting requirements, namely, a public reading room is located at
which would avoid repetitive ‘‘backward looking’’ or retrospective www.nrc.gov/reading-rm.html.
consideration of design issues in aspect with respect to existing The NRC staff contact. Nanette V.
individual combined license information, and a ‘‘forward looking’’ or Gilles, Mail Stop O–4D9A, Washington,
proceedings. prospective aspect with respect to future DC 20555, 301–415–1180.
Document PDR Web EPDR NRC staff
Comments received ............................................................................................................ X .............. X .............. X ...................

Regulatory Analysis ............................................................................................................ X .............. X .............. ML ................ X
Regulatory History Index for July 2003 proposed rule ....................................................... .................. .................. ML032810026
VII. Agreement State Compatibility of NRC. Category B includes program by Agreement States. Compatibility
elements that have significant direct Category NRC are those program
Under the ‘‘Policy Statement on transboundary implications and should elements that address areas of regulation
Adequacy and Compatibility of be essentially identical to those of the that cannot be relinquished to
Agreement State Programs’’ which NRC. Compatibility Category C are those Agreement States pursuant to the
became effective on September 3, 1997 program elements that do not meet the Atomic Energy Act, as amended, or
(62 FR 46517), NRC program elements criteria of Category A or B, but the provisions of Title 10 of the Code of
(including regulations) are placed into essential objectives of which an Federal Regulations and should not be
compatibility categories A, B, C, D, NRC Agreement State should adopt to avoid adopted by Agreement States. Category
or adequacy category, Health and Safety conflict, duplication, gaps, or other H&S are program elements that are not
(H&S). Category A includes program conditions that would jeopardize an required for compatibility, but have a
elements that are basic radiation orderly pattern in the regulation of particular health and safety role in the
protection standards or related agreement material on a nationwide regulation of agreement material and the
definitions, signs, labels or terms basis. Compatibility Category D are State should adopt the essential
necessary for a common understanding those program elements that do not objectives of the NRC program elements.
of radiation protection principles and meet any of the criteria of Category A, The proposed revisions are categorized
should be essentially identical to those B, or C, and do not need to be adopted as follows:
LIST OF CHANGES 10 CFR PART 52 PROPOSED RULEMAKING

Proposed sections Description—new, changes Compatibility designation Comments regarding compatibility designation
10 CFR Part 2—Rules of Practice for Domestic Licensing and Issuance of Orders
2.1 .................................... Scope .......................................... [D] ..................................... Agreement States may adopt similar provisions as
a part of their regulatory programs through a
mechanism that is appropriate under the State’s
laws, but should not address areas of exclusive
NRC jurisdiction.
2.4 .................................... Definitions.
Contested proceedings ............... [D] ..................................... Agreement States may adopt similar provisions as
NRC jurisdiction.
License ....................................... [D] ..................................... Agreement States adopt similar definition as a part
of their regulatory programs. This definition ap-
pears in 10 CFR § 20.1003. For purposes of
compatibility, Agreement States should use the
language of the Part 20 definition, which is as-
signed a Compatibility Category D.
Licensee ..................................... [D] ..................................... Agreement States adopt a similar definition as a
part of their regulatory programs. This definition
appears in 10 CFR § 20.1003. For purposes of
compatibility, Agreement States should use the
language of the Part 20 definition, which is as-
signed a Compatibility Category D.
Subpart A
2.100 ................................ Scope of parts ............................ [D] ..................................... Agreement States adopt similar provisions as a part
of their regulatory programs through a mecha-
nism that is appropriate under the State’s laws,
but should not address areas of exclusive NRC
jurisdiction.
2.101 ................................ Filing of application ..................... [D] ..................................... Agreement States adopt similar provisions as a part
jurisdiction.
LIST OF CHANGES 10 CFR PART 52 PROPOSED RULEMAKING—Continued

2.102 ................................ Administrative review of applica- [D] ..................................... Agreement States adopt similar provisions as a part
tion. of their regulatory programs through a mecha-
jurisdiction. These similar provisions appears in
10 CFR § 30. For purposes of compatibility,
Agreement States should use the language in
Part 30, which is assigned a Compatibility Cat-
egory D.
2.104 ................................ Notice of hearing ........................ [D] ..................................... Agreement States adopt similar provisions as a part
jurisdiction.
2.105 ................................ Notice of proposed action .......... [D] ..................................... Agreement States adopt similar provisions as a part
jurisdiction.
2.106 ................................ Notice of issuances. Added no- [D] ..................................... Agreement States adopt similar provisions as a part
tice for COL in FR. of their regulatory programs through a mecha-
jurisdiction.
2.109 ................................ Effect of timely renewal applica- [D] ..................................... Agreement States adopt similar provisions as a part
tion. of their regulatory programs through a mecha-
jurisdiction. These similar provisions appears in
10 CFR § 30. For purposes of compatibility,
Agreement States should use the language in
Part 30, which is assigned a Compatibility Cat-
egory D.
2.110 ................................ Filing and administrative action [D] ..................................... Agreement States adopt similar provisions as a part
on submittal for design review of their regulatory programs through a mecha-
of site suitability. nism that is appropriate under the State’s laws,
jurisdiction.
2.111 ................................ Prohibition of sex discrimination [D] ..................................... Agreement States may adopt similar provisions as
NRC jurisdiction.
Subpart B
2.200 ................................ Scope of subpart ........................ [D] ..................................... Agreement States may adopt similar provisions as
NRC jurisdiction.
2.202 ................................ Orders ......................................... [D] ..................................... Agreement States adopt similar provisions as a part
jurisdiction.
Subpart C
2.390 ................................ Public inspections, exemptions, [D] ..................................... Agreement States adopt similar provisions as a part
requests for withholding. of their regulatory programs through a mecha-
jurisdiction.
Subpart E
2.500 ................................ Scope of subpart ........................ NRC ................................. This provision is designated a Compatibility Cat-
egory NRC because it addresses activities re-
served to the Commission.

2.501 ................................ Notice of hearing on application NRC ................................. This provision is designated a Compatibility Cat-
for license to manufacture nu- egory NRC because it addresses activities re-
clear power plants. served to the Commission.

2.502 ................................ Notice of hearing on application NRC ................................. This provision is designated a Compatibility Cat-
for a construction permit for a egory NRC because it addresses activities re-
nuclear power reactor manu- served to the Commission.
factured at the site at which
the reactor is to be operated.
2.503 ................................ Finality of decisions on separate NRC ................................. This provision is designated a Compatibility Cat-
issues. egory NRC because it addresses activities re-
2.504 ................................ Applicability of other sections ..... NRC ................................. This provision is designated a Compatibility Cat-
Subpart H
2.800 ................................ Scope of rulemaking ................... [D] ..................................... Agreement States adopt similar provisions as a part
jurisdiction.
2.801 ................................ Initiation of rulemaking ............... [D] ..................................... Agreement States adopt similar provisions as a part
jurisdiction.
2.811 ................................ Filing of standard design certifi- [D] ..................................... Agreement States adopt similar provisions as a part
cation application required of their regulatory programs through a mecha-
copies. nism that is appropriate under the State’s laws,
jurisdiction.
2.813 ................................ Written communications ............. [D] ..................................... Agreement States adopt similar provisions as a part
jurisdiction.
2.815 ................................ Docketing and acceptance re- [D] ..................................... Agreement States adopt similar provisions as a part
view. of their regulatory programs through a mecha-
jurisdiction.
2.817 ................................ Withdrawal of application ........... [D] ..................................... Agreement States adopt similar provisions as a part
jurisdiction.
2.819 ................................ Denial of application for failure to [D] ..................................... Agreement States adopt similar provisions as a part
supply information. of their regulatory programs through a mecha-
jurisdiction.
10 CFR Part 10—Criteria and Procedures for Determining Eligibility for Access to Restricted Data or National Security Information or
an Employment Clearance
10.1 .................................. Purpose ...................................... NRC ................................. This provision is designated a Compatibility Cat-
10.2 .................................. Scope .......................................... NRC ................................. This provision is designated a Compatibility Cat-
10 CFR Part 19—Notices, Instructions and Reports to Workers; Inspection and Investigations
19.1 .................................. Purpose ...................................... D ....................................... Agreement States may adopt similar provisions
consistent with their regulatory authority, but
should not address areas of exclusive NRC juris-
diction.
19.2 .................................. Scope .......................................... D ....................................... Agreement States may adopt similar provisions
diction.
19.3 .................................. Definitions.

Regulated activities .................... D ....................................... Agreement States may adopt a similar definition
diction.
Regulated entities ....................... D ....................................... Agreement States may adopt a similar definition
diction.
Worker ........................................ C ....................................... This provision is currently designated a Compat-
ibility Category C. However, since the proposed
revisions address areas of exclusive NRC juris-
diction, Agreement States should not adopt these
amendments.
19.11 ................................ Posting of notices to workers ..... C ....................................... This provision is currently designated a Compat-
amendments.
19.14 ................................ Presence of representatives of li- C ....................................... This provision is currently designated a Compat-
censees and workers during ibility Category C. However, since the proposed
inspections. revisions address areas of exclusive NRC juris-
amendments.
19.20 ................................ Employee protection ................... D ....................................... Agreement States may adopt similar provisions
diction.
19.31 ................................ Application for exemptions ......... D ....................................... Agreement States may adopt similar provisions
diction.
19.32 ................................ Discrimination prohibited ............ D ....................................... Agreement States may adopt similar provisions
diction.
10 CFR Part 20—Standards of Protection
20.1002 ............................ Scope .......................................... D ....................................... Agreement States may adopt similar provisions
diction.
20.1401 ............................ General provisions and scope .... C ....................................... This provision is currently designated a Compat-
amendments.
20.2203 ............................ Reports of exposures, etc., ex- C—paragraphs (a), (b) ..... Portions of this provision is currently designated a
ceeding the limits. D—paragraph (d) ............. Compatibility Category C. However, since the
NRC—paragraph (c) ........ proposed revisions address areas of exclusive
NRC jurisdiction, Agreement States should not
adopt these amendments.
10 CFR Part 21—Reporting of Defects and Noncompliance
21.2 .................................. Scope .......................................... N/A ................................... The provisions in Part 21 are derived from statutory
authority 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 ade-
quacy. 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 provi-

sions similar to those in Part 21 may adopt simi-
lar provisions consistent with their regulatory au-
thority but should not address areas of exclusive
NRC jurisdiction.

21.3 .................................. Definitions ................................... N/A ................................... The provisions in Part 21 are derived from statutory
NRC jurisdiction.
21.5 .................................. Communication ........................... N/A ................................... The provisions in Part 21 are derived from statutory
NRC jurisdiction.
21.21 ................................ Notification of failure to comply N/A ................................... The provisions in Part 21 are derived from statutory
or existence of a defect. authority in the Energy Reorganization Act, not
NRC jurisdiction.
21.51 ................................ Maintenance and inspections of N/A ................................... The provisions in Part 21 are derived from statutory
records. authority in the Energy Reorganization Act, not
NRC jurisdiction.
21.61 ................................ Failure to notify ........................... N/A ................................... The provisions in Part 21 are derived from statutory

NRC jurisdiction.

10 CFR Part 25—Access Authorization
25.35 ................................ Classified visits ........................... NRC ................................. This provision is designated a Compatibility Cat-
10 CFR Part 26—Fitness for Duty Programs
26.2 .................................. Scope .......................................... [D] ..................................... Agreement States adopt similar provisions as a part
jurisdiction.
26.10 ................................ General performance objectives [D] ..................................... Agreement States adopt similar provisions as a part
jurisdiction.
10 CFR Part 50 ................ Domestic licensing of production NRC for all sections ......... These provisions are designated a Compatibility
and utilization facilities. Category NRC because they address activities
reserved to the Commission.
10 CFR Part 51 ................ Environmental protection regula- NRC for all sections ......... These provisions are designated a Compatibility
tion for domestic licensing and Category NRC because they address activities
related regulatory functions. reserved to the Commission.
10 CFR Part 52 ................ Licenses, certifications, and ap- NRC for all sections ......... These provisions are designated a Compatibility
provals for nuclear power Category NRC because they address activities
plants. reserved to the Commission.
10 CFR Part 54 ................ Requirements for renewal of op- NRC for all sections ......... These provisions are designated a Compatibility
erating licenses for nuclear Category NRC because they address activities
power plants. reserved to the Commission.
10 CFR Part 55 ................ Operators’ licenses ..................... NRC for all sections ......... These provisions are designated a Compatibility
Category NRC because they address activities
10 CFR Part 72 ................ Licensing requirements for NRC for all sections ......... These provisions are designated a Compatibility
ISFSI, HLW, and greater than Category NRC because they address activities
class C. reserved to the Commission.
10 CFR Part 73 ................ Physical protection of plants and NRC for all sections ......... These provisions are designated a Compatibility
materials. Category NRC because they address activities
10 CFR Part 75 ................ Safeguards on nuclear material NRC for all sections ......... These provisions are designated a Compatibility
Category NRC because they address activities
10 CFR Part 95 ................ Facility security clearance and NRC for all sections ......... These provisions are designated a Compatibility
safeguarding of national secu- Category NRC because they address activities
rity information and restricted reserved to the Commission.
data.
10 CFR Part 140 .............. Financial protection requirements NRC for all sections ......... These provisions are designated a Compatibility
and indemnity agreements. Category NRC because they address activities
10 CFR Part 170 .............. Annual fees ................................. [D] ..................................... Agreement States adopt similar provisions as a part
jurisdiction.
VIII. Plain Language further in this document. The NRC use technical standards that are
requests comments on the proposed rule developed or adopted by voluntary
The Presidential memorandum dated specifically with respect to the clarity consensus standards bodies unless
June 1, 1998, entitled ‘‘Plain Language
and effectiveness of the language used. using such a standard is inconsistent
in Government Writing’’ directed that
Comments should be submitted using with applicable law or is otherwise
the Government’s writing be in plain
language. This memorandum was one of the methods detailed under the impractical. In this rule, the NRC is
ADDRESSES heading of the preamble to proposing to revise the procedural
published on June 10, 1998 (63 FR
31883). In complying with this this proposed rule. requirements for early site permits,
directive, the NRC made editorial standard design approvals, standard
IX. Voluntary Consensus Standards
changes to improve the organization and design certifications, combined licenses,
readability of the existing language of The National Technology Transfer and manufacturing licenses to make
the paragraphs being revised. These and Advancement Act of 1995, Pub. L. certain corrections and changes based
types of changes are not discussed 104–113, requires that Federal agencies on the experience of the previous design
certification reviews and on discussions amended information collection this proposed rule (or proposed policy
with stakeholders on these licensing requirements. Existing requirements statement) and on the following issues:
processes. This rulemaking does not were approved by the Office of 1. Is the proposed information
establish standards or substantive the Management and Budget, approval collection necessary for the proper
requirements with which all applicants numbers 3150–0044, 3150–0014, 3150– performance of the functions of the
and licensees must comply. In addition, 0146, 3150–0021, 3150–0018, 3150– NRC, including whether the information
this rule would amend certain portions 0132, 3150–0002, 3150–0055, 3150– will have practical utility?
of the three design certification 0047, and 3150–0039. 2. Is the estimate of burden accurate?
regulations in 10 CFR part 52, Type of submission, new or revision: 3. Is there a way to enhance the
appendices A, B, and C (for U.S. ABWR, New. quality, utility, and clarity of the
System 80+, and AP600 designs, The title of the information collection: information to be collected?
respectively). Design certifications are 10 CFR part 52 and Conforming 4. How can the burden of the
not generic rulemakings in the sense Amendments to Parts 1, 2, 10, 19, 20, information collection be minimized,
that design certifications do not 21, 25, 26, 50, 51, 54, 55, 72, 73, 75, 95, including the use of automated
establish standards or requirements 140, and 170, ‘‘Licenses, Certifications, collection techniques?
with which all applicants and licensees and Approvals for Nuclear Power A copy of the OMB clearance package
must comply. Rather, design Plants,’’ Revised Proposed Rule. may be viewed free of charge at the NRC
certifications are Commission approvals Public Document Room, One White
The form number if applicable: N/A.
of specific nuclear power plant designs Flint North, 11555 Rockville Pike, Room
How often the collection is required:
by rulemaking. Furthermore, design O–1 F21, Rockville, Maryland 20852.
On occasion and every 10 to 20 years for
certification rulemakings are initiated The OMB clearance package and rule
applications for renewal.
by an applicant for a design are available at the NRC worldwide Web
Who will be required or asked to
certification, rather than the NRC. For site: http://www.nrc.gov/public-involve/
report: Designers and manufacturers of
these reasons, the Commission doc-comment/omb/index.html for 60
commercial nuclear power plants,
concludes that this action would not days after the signature date of this
electric power companies, and any
constitute the establishment of a notice and are also available at the rule
person eligible under the Atomic Energy
standard that contains generally forum site, http://ruleforum.llnl.gov.
Act to apply for a construction permit Send comments on any aspect of
applicable requirements. for a nuclear power plant. these proposed information collections,
X. Environmental Impact—Categorical An estimate of the number of annual including suggestions for reducing the
Exclusion responses: 20.333. burden and on the above issues, by
The estimated number of annual April 12, 2006 to the Records and FOIA/
The NRC has determined that the
respondents: 4.33. Privacy Services Branch (T–5 F53), U.S.
changes made in this rule fall within the
An estimate of the total number of Nuclear Regulatory Commission,
types of actions described in categorical
hours needed annually to complete the Washington, DC 20555–0001, or by
exclusions 10 CFR 51.22(c)(1), (c)(2),
requirement or request: 452,416 Internet electronic mail to
and (c)(3). Therefore, neither an
(448,946 hours reporting and 3470 INFOCOLLECTS@NRC.GOV and to the
environmental impact statement nor an
hours recordkeeping). Desk Officer, John A. Asalone, Office of
environmental assessment has been
Abstract: 10 CFR part 52 establishes Information and Regulatory Affairs,
prepared for this regulation.11
requirements for the granting of early NEOB–10202, (3150–0151), Office of
XI. Paperwork Reduction Act site permits, approvals and Management and Budget, Washington,
Statement certifications of standard nuclear power DC 20503. Comments received after this
This proposed rule contains new or plant designs, licenses which combine date will be considered if it is practical
amended information collection in a single license a construction permit to do so, but assurance of consideration
requirements contained in 10 CFR parts and an operating license with cannot be given to comments received
21, 25, 50, 52, and 54 that are subject conditions (combined licenses), and after this date. You may also e-mail
to the Paperwork Reduction Act of 1995 manufacturing licenses. Part 52 also comments to
(44 U.S.C. 3501 et seq.). These establishes requirements for renewal of John_A._Asalone@omb.eop.gov or
information collection requirements those approvals, permits, certifications, comment by telephone at (202) 395–
have been submitted to the Office of and licenses; amendments to them; and 4650.
Management and Budget for review and exemptions or variances from them.
approval. The proposed changes to 10 NRC uses the information collected to Public Protection Notification
CFR parts 19, 20, 26, 51, 55, 72, 73, 75, assess the adequacy and suitability of an The NRC may not conduct or sponsor,
95, and 140 do not contain new or applicant’s site, plant design, training and a person is not required to respond
and experience, and plans and to, a request for information or an
11 When 10 CFR part 52 was issued in 1989, the procedures for the protection of public information collection requirement
NRC determined that the regulation met the health and safety. The NRC review of unless the requesting document
eligibility criteria for the categorical exclusion set such information and the findings
forth in 10 CFR 51.22(c)(3). As stated in the Federal
displays a currently valid OMB control
Register notice for the final rule (54 FR 15384; April
derived from that information form the number.
18, 1989), ‘‘It makes no substantive difference for basis of NRC decisions and actions
the purpose of the categorical exclusion that the concerning the issuance, modification, XII. Regulatory Analysis
amendments are in a new 10 CFR part 52 rather or revocation of site permits, design The Commission has prepared a draft
than in 10 CFR part 50. The amendments are, in
approvals and certifications, combined regulatory analysis on this proposed
fact, amendments to the 10 CFR part 50 procedures

and could have been placed in that part.’’ The licenses, and manufacturing licenses for regulation. The analysis examines the
categorical exclusion for the current proposed nuclear power plants. costs and benefits of the alternatives
change to 10 CFR part 2 is consistent with the The U.S. Nuclear Regulatory considered by the Commission. The
original categorical exclusion determination. To
ensure that future changes in part 52 are
Commission is seeking public comment draft analysis can be viewed in NRC’s
categorically excluded, the proposed rule contains on the potential impact of the ADAMS system, Accession Number
an appropriate change to § 51.22(c)(3). information collections contained in ML052840320. The Commission
requests public comment on the draft Commission first adopted these 10 CFR Part 26
regulatory analysis. Comments on the processes by rulemaking. While these Alcohol abuse, Alcohol testing,
draft analysis may be submitted to the conforming changes may, in some cases, Appeals, Chemical testing, Drug abuse,
NRC as indicated under the ADDRESSES affect the way in which a current design Drug testing, Employee assistance
heading. certification or design approval may be programs, Fitness for duty, Management
XIII. Regulatory Flexibility referenced, they do not directly affect actions, Nuclear power reactors,
Certification the design approval or design Protection of information, Reporting and
certification itself. Accordingly, the recordkeeping requirements.
In accordance with the Regulatory Commission believes that these
Flexibility Act (5 U.S.C. 605(b)), the conforming changes with respect to 10 CFR Part 50
Commission certifies that this rule will design approvals and design Antitrust, Classified information,
not, if promulgated, have a significant certifications do not raise new Criminal penalties, Emergency
economic impact on a substantial backfitting considerations that must be Planning, Fire protection,
number of small entities. This proposed addressed in this rulemaking. Intergovernmental relations, Nuclear
rule affects only the licensing of nuclear
List of Subjects power plants and reactors, Radiation
power plants. The companies that will
protection, Reactor siting criteria,
apply for an approval, certification, 10 CFR Part 1 Reporting and recordkeeping
permit, site report, or license in
requirements.
accordance with the regulations affected Organization and functions
by this proposed rule do not fall within (Government Agencies). 10 CFR Part 51
the scope of the definition of ‘‘small Administrative practice and
entities’’ set forth in the Regulatory 10 CFR Part 2
procedure, Environmental impact
Flexibility Act or the size standards Administrative practice and statement, Nuclear materials, Nuclear
established by the NRC (10 CFR 2.810). procedure, Antitrust, Byproduct power plants and reactors, Reporting
XIV. Backfit Analysis material, Classified information, and recordkeeping requirements.
The NRC has determined that the Environmental protection, Nuclear
10 CFR Part 52
backfit rule does not apply to this materials, Nuclear power plants and
reactors, Penalties, Sex discrimination, Administrative practice and
proposed rule and, therefore, a backfit procedure, Antitrust, Backfitting,
analysis is not required, because the Source material, Special nuclear
material, Waste treatment and disposal. Combined license, Early site permit,
proposed rule does not contain any Emergency planning, Fees, Inspection,
provisions that would impose 10 CFR Part 10 Limited work authorization, Nuclear
backfitting as defined in the backfit rule, power plants and reactors, Probabilistic
10 CFR 50.109. Administrative practice and
procedure, Classified information, risk assessment, Prototype, Reactor
There are no current holders of early
Government employees, Security siting criteria, Redress of site, Reporting
site permits, combined licenses, or
measures. and recordkeeping requirements,
manufacturing licenses that would be
Standard design, Standard design
protected by the backfitting restrictions 10 CFR Part 19 certification.
in § 50.109. To the extent that the
proposed rule would revise the Criminal penalties, Environmental 10 CFR Part 54
requirements for future early site protection, Nuclear materials, Nuclear Administrative practice and
permits, standard design certifications, power plants and reactors, Occupational procedure, Age-related degradation,
combined licenses, standard design safety and health, Radiation protection, Backfitting, Classified information,
approvals and manufacturing licenses Reporting and recordkeeping Criminal penalties, Environmental
for nuclear power plants, these revisions requirements, Sex discrimination. protection, Nuclear power plants and
would not constitute backfits because reactors, Reporting and recordkeeping
they are prospective in nature and the 10 CFR Part 20
requirements.
backfit rule was not intended to apply Byproduct material, Criminal
to every NRC action which substantially 10 CFR Part 55
penalties, Licensed material, Nuclear
changes the expectations of future materials, Nuclear power plants and Criminal penalties, Manpower
applicants. reactors, Occupational safety and training programs, Nuclear power plants
Other provisions in the proposed rule health, Packaging and containers, and reactors, Reporting and
would apply to currently-approved Radiation protection, Reporting and recordkeeping requirements.
standard design approvals and recordkeeping requirements, Source
certifications, but these would not 10 CFR Part 72
material, Special nuclear material,
constitute backfitting because they are Waste treatment and disposal. Administrative practice and
either corrections, administrative procedure, Criminal penalties,
changes, or provide additional 10 CFR Part 21 Manpower training programs, Nuclear
flexibility to applicants or licensees who materials, Occupational safety and
might reference the design approvals or Nuclear power plants and reactors, health, Penalties, Radiation protection,
certifications, and thus constitute a Penalties, Radiation protection, Reporting and recordkeeping
voluntary alternative or relaxation. Reporting and recordkeeping requirements, Security measures, Spent
Finally, some of the provisions in the requirements. fuel, Whistleblowing.
proposed rule represent conforming 10 CFR Part 25

changes throughout 10 CFR which are 10 CFR Part 73
being made to reflect Commission Classified information, Criminal Criminal penalties, Export, Hazardous
adoption of design approvals and design penalties, Investigations, Reporting and materials transportation, Import,
certification processes which should recordkeeping requirements, Security Nuclear materials, Nuclear power plants
have been made at the time the measures. and reactors, Reporting and
recordkeeping requirements, Security produced at facilities licensed under 10 (e) Standard design approvals under
measures. CFR parts 50, 52, and 54; part 52 of this chapter.
* * * * * 5. In § 2.4, the definitions of contested
10 CFR Part 75
proceeding, license and licensee are
Criminal penalties, Intergovernmental PART 2—RULES OF PRACTICE FOR revised to read as follows:
relations, Nuclear materials, Nuclear DOMESTIC LICENSING PROCEEDINGS
power plants and reactors, Reporting AND ISSUANCE OF ORDERS § 2.4 Definitions.
and recordkeeping requirements, * * * * *
3. The authority citation for part 2 Contested proceeding means—
Security measures.
continues to read as follows: (1) A proceeding in which there is a
10 CFR Part 95 Authority: Secs.161, 181, 68 Stat. 948, 953, controversy between the NRC staff and
Classified information, Criminal as amended (42 U.S.C. 2201, 2231); sec. 191, the applicant for a license or permit
penalties, Reporting and recordkeeping as amended, Pub. L. 87–615, 76 Stat. 409 (42 concerning the issuance of the license or
U.S.C. 2241); sec. 201, 88 Stat. 1242, as permit or any of the terms or conditions
requirements Security measures. amended (42 U.S.C. 5841); 5 U.S.C. 552; sec.
1704, 112 Stat. 2750 (44 U.S.C. 3504 note). thereof;
10 CFR Part 140 (2) A proceeding in which the NRC is
Section 2.101 also issued under secs. 53,
Criminal penalties, Extraordinary 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, imposing a civil penalty or other
nuclear occurrence, Insurance, 933, 935, 936, 937, 938, as amended (42 enforcement action, and the subject of
Intergovernmental relations, Nuclear U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, the civil penalty or enforcement action;
materials, Nuclear power plants and 2135); sec. 114(f), Pub. L. 97–425, 96 Stat. and
2213, as amended (42 U.S.C. 10143(o)), sec. (3) A proceeding in which a petition
reactors, Reporting and recordkeeping 102, Pub. L. 91–190, 83 Stat. 853, as amended
requirements. (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42
for leave to intervene in opposition to
U.S.C. 5871). Sections 2.102, 2.103, 2.104, an application for a license or permit
10 CFR Part 170 has been granted or is pending before
2.105, 2.721 also issued under secs. 102, 104,
Byproduct material, Import and 105, 163, 183i, 189, 68 Stat. 936, 937, 938, the Commission.
export licenses, Intergovernmental 954, 955, as amended (42 U.S.C. 2132, 2133, * * * * *
relations, Non-payment penalties, 2134, 2135, 2233, 2239). Sections 2.105 also License means a license, including an
Nuclear materials, Nuclear power plants issued under Pub. L. 97–415, 96 Stat. 2073
(42 U.S.C. 2239). Sections 2.200—2.206 also early site permit, construction permit,
and reactors, Source material, Special issued under secs. 161 b, i, o, 182, 186, 234, operating license, combined license,
nuclear material. 68 Stat. 948–951, 955, 83 Stat. 444, as manufacturing license, or renewed
10 CFR Part 171 amended (42 U.S.C. 2201 (b), (i), (o), 2236, license issued by the Commission.
2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). Licensee means a person who is
Nuclear power plants and reactors. Section 2.205(j) also issued under Pub. L. authorized to conduct activities under a
101–410, 104 Stat. 90, as amended by Section license.
For the reasons set forth in the
3100(s), Pub. L. 104–134, 110 Stat. 1321–373
preamble and under the authority of the (28 U.S.C. 2461 note). Subpart C also issued * * * * *
Atomic Energy Act of 1954, as amended; under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). 6. The heading of subpart A is revised
the Energy Reorganization Act of 1974, Sections 2.600–2.606 also issued under sec. to read as follows:
as amended; and 5 U.S.C. 553, the NRC 102, Pub. L. 91–190, 83 Stat. 853, as amended
is proposing to adopt the following (42 U.S.C. 4332). Subpart A—Procedure for Issuance,
amendments to 10 CFR parts 1, 2, 10, Section 2.700a also issued under 5 U.S.C. Amendment, Transfer, or Renewal of a
19, 20, 21, 25, 26, 50, 51, 52, 54, 55, 72, 554. Sections 2.343, 2.346, 2.754, 2.712 also License, and Standard Design
issued under 5 U.S.C. 557. Section 2.764 also
73, 75, 95, 140, 170, and 171. issued under secs. 135, 141, Pub. L. 97–425,
Approval
96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 7. Section 2.100 is revised to read as
PART 1—STATEMENT OF Section 2.790 also issued under sec. 103, 68
ORGANIZATION AND GENERAL follows:
Stat. 936, as amended (42 U.S.C. 2133), and
INFORMATION 5 U.S.C. 552. Sections 2.800 and 2.808 also § 2.100 Scope of subpart.
issued under 5 U.S.C. 553. Section 2.809 also
1. The authority citation for part 1 issued under 5 U.S.C. 553, and sec. 29, Pub. This subpart prescribes the procedure
continues to read as follows: L. 85–256, 71 Stat. 579, as amended (42 for issuance of a license; amendment of
Authority: Secs. 23, 161, 68 Stat. 925, 948, U.S.C. 2039). Subpart K also issued under a license at the request of the licensee;
as amended (42 U.S.C. 2033, 2201); sec. 29, sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. transfer and renewal of a license; and
Pub. L. 85–256, 71 Stat. 579, Pub. L. 95–209, 134, Pub. L. 97–425, 96 Stat. 2230 (42 U.S.C. issuance of a standard design approval
91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. 10154). Subpart L also issued under sec. 189, under subpart E of part 52 of this
68 Stat. 955 (42 U.S.C. 2239). Subpart M also chapter.
L. 87–615, 76 Stat. 409 (42 U.S.C. 2241); secs.
issued under sec. 184 (42 U.S.C. 2234) and
201, 203, 204, 205, 209, 88 Stat.1242, 1244, 8. In § 2.101, paragraphs (a)(1), (a)(2),
sec. 189, 68 Stat. 955 (42 U.S.C. 2239).
1245, 1246, 1248, as amended (42 U.S.C. the introductory text of paragraph (a)(3),
Subpart N also issued under sec. 189, 68 Stat.
5841, 5843, 5844, 5845, 5849); 5 U.S.C. 552, paragraphs (a)(3)(ii), and paragraph
955 (42 U.S.C. 2239). Appendix A also issued
553; Reorganization Plan No. 1 of 1980, 45 under sec. 6, Pub. L. 91–550, 84 Stat. 1473 (a)(4) are revised to read as follows:
FR 40561, June 16, 1980. (42 U.S.C. 2135).
2. In § 1.43, paragraph (a)(2) is revised § 2.101 Filing of application.
4. In § 2.1, paragraphs (c) and (d) are
to read as follows: revised and a new paragraph (e) is (a)(1) An application for a permit,
added to read as follows: license, a license transfer, a license
§ 1.43 Office of Nuclear Reactor amendment, a license renewal, and
Regulation. § 2.1 Scope. standard design approval, shall be filed

* * * * * * * * * * with the Director of Nuclear Reactor
(a) * * * (c) Imposing civil penalties under Regulation or Director of Nuclear
(2) Receipt, possession, and section 234 of the Act; Material Safety and Safeguards, as
ownership of source, byproduct, and (d) Rulemaking under the Act and the prescribed by the applicable provisions
special nuclear material used or Administrative Procedure Act; and of this chapter. A prospective applicant
may confer informally with the NRC chief executive of the county, and serve distribution of the additional copies to
staff before filing an application. a notice of availability of the application Federal, State, and local officials has
(2) Each application for a license for or environmental report on the chief been completed in accordance with the
a facility or for receipt of waste executives of the municipalities or requirements of this chapter and written
radioactive material from other persons counties which have been identified in instructions furnished to the applicant
for the purpose of commercial disposal the application or environmental report by the Director of Nuclear Reactor
by the waste disposal licensee will be as the location of all or part of the Regulation or Director of Nuclear
assigned a docket number. However, to alternative sites, containing the Material Safety and Safeguards, as
allow a determination as to whether an following information, as applicable: appropriate. Amendments to the
application for a construction permit, Docket number of the application, a application and environmental report
operating license, early site permit, brief description of the proposed site shall be filed and distributed and an
standard design approval, combined and facility; the location of the site and affidavit shall be furnished to the
license, or manufacturing license for a facility as primarily proposed and Director of Nuclear Reactor Regulation
production or utilization facility is alternatively listed; the name, address, or Director of Nuclear Material Safety
complete and acceptable for docketing, telephone number, and e-mail address and Safeguards, as appropriate, in the
it will be initially treated as a tendered (if available) of the applicant’s same manner as for the initial
application. A copy of the tendered representative who may be contacted for application and environmental report. If
application will be available for public further information; notification that a it is determined that all or any part of
inspection at the NRC Web site, draft environmental impact statement the tendered application and/or
http://www.nrc.gov, and/or at the NRC will be issued by the Commission and environmental report is incomplete and
Public Document Room. Generally, the will be made available upon request to therefore not acceptable for processing,
determination on acceptability for the Commission; and notification that if the applicant will be informed of this
docketing will be made within a period a request is received from the determination, and the respects in
of 30 days. However, in selected appropriate chief executive, the which the document is deficient.
applications, the Commission may applicant will transmit a copy of the * * * * *
decide to determine acceptability based application and environmental report, 9. In § 2.102, paragraph (a) is revised
on the technical adequacy of the and any changes to these documents to read as follows:
application as well as its completeness. which affect the alternative site § 2.102 Administrative review of
In these cases, the Commission, under location, to the executive who makes application.
§ 2.104(a), will direct that the notice of the request. In complying with the
(a) During review of an application by
hearing be issued as soon as practicable requirements of this paragraph, the the NRC staff, an applicant may be
after the application has been tendered, applicant should not make public required to supply additional
and the determination of acceptability distribution of those parts of the information. The staff may request any
will be made generally within a period application subject to § 2.390(d). The one party to the proceeding to confer
of 60 days. For docketing and other applicant shall submit to the Director of with the staff informally. In the case of
requirements for applications under part Nuclear Reactor Regulation an affidavit a docketed application for a
61 of this chapter, see paragraph (g) of that service of the notice of availability construction permit, operating license,
this section. of the application or environmental early site permit, standard design
(3) If the Director of Nuclear Reactor report has been completed along with a approval, combined license, or
Regulation or Director of Nuclear list of names and addresses of those manufacturing license of this chapter,
Material Safety and Safeguards, as executives upon whom the notice was the staff shall establish a schedule for its
appropriate, determines that a tendered served; and review of the application, specifying the
application for a construction permit, * * * * * key intermediate steps from the time of
operating license, early site permit, (4) The tendered application for a docketing until the completion of its
standard design approval, combined construction permit, operating license, review.
license, or manufacturing license for a early site permit, standard design
production or utilization facility, and/or * * * * *
approval, combined license, or 10. In § 2.104, the introductory text of
any environmental report required manufacturing license will be formally paragraph (a) is revised, current
under subpart A of part 51 of this docketed upon receipt by the Director of paragraphs (d) and (e) are redesignated
chapter, or part thereof as provided in Nuclear Reactor Regulation or Director as paragraphs (l) and (m), respectively,
paragraphs (a)(5) or (a–1) of this section of Nuclear Material Safety and and revised, new paragraphs (d), (e),
are complete and acceptable for Safeguards, as appropriate, of the and (f) are added, and paragraphs (g)
docketing, a docket number will be required additional copies. Distribution through (k) are added and reserved, and
assigned to the application or part of the additional copies shall be deemed footnote 1 is revised to read as follows:
thereof, and the applicant will be to be complete as of the time the copies
notified of the determination. With are deposited in the mail or with a § 2.104 Notice of hearing.
respect to the tendered application and/ carrier prepaid for delivery to the (a) In the case of an application on
or environmental report or part thereof designated addresses. The date of which a hearing is required by the Act
that is acceptable for docketing, the docketing shall be the date when the or this chapter, or in which the
applicant will be requested to: required copies are received by the Commission finds that a hearing is
* * * * * Director of Nuclear Reactor Regulation required in the public interest, the
(ii) Serve a copy on the chief or Director of Nuclear Material Safety Secretary will issue a notice of hearing
executive of the municipality in which and Safeguards, as appropriate. Within to be published in the Federal Register
the facility or site which is the subject 10 days after docketing, the applicant as required by law at least 15 days, and
of an early site permit is to be located shall submit to the Director of Nuclear in the case of an application concerning
or, if the facility or site which is the Reactor Regulation or Director of a construction permit, early site permit,
subject of an early site permit is not to Nuclear Material Safety and Safeguards, or combined license for a facility of the
be located within a municipality, on the as appropriate, an affidavit that type described in § 50.21(b) or § 50.22 of
this chapter or a testing facility, at least sufficient within the scope of the early (1) If the proceeding is a contested
30 days, before the date set for hearing site permit to provide reasonable proceeding, the presiding officer will
in the notice.1 In addition, in the case assurance that the facility has been consider the following issues:
of an application for an early site constructed and will be operated in (i) Whether applicable standards and
permit, construction permit or conformity with the license, the requirements of the Act and the
combined license for a facility of the provisions of the Act, and the Commission’s regulations have been
type described in § 50.22 of this chapter, Commission’s regulations; met;
or a testing facility, the notice (other (vii) Whether issuance of the early site (ii) Whether any required
than a notice under paragraph (d) of this permit will be inimical to the common notifications to other agencies or bodies
section) shall be issued as soon as defense and security or to the health have been duly made;
practicable after the application has and safety of the public; and (iii) Whether there is reasonable
been docketed; provided, that if the (viii) Whether, in accordance with the assurance that the facility will be
Commission, under § 2.101(a)(2), requirements of subpart A of part 52 of constructed and will operate in
decides to determine the acceptability of this chapter and subpart A of part 51 of conformity with the license, the
the application based on its technical this chapter, the early site permit should provisions of the Act, and the
adequacy as well as completeness, the be issued as proposed. Commission’s regulations.
notice shall be issued as soon as (2) If the proceeding is not a contested (iv) Whether the applicant is
practicable after the application has proceeding, the presiding officer will technically and financially qualified to
been tendered. The notice will state: determine, without conducting a de engage in the activities authorized;
novo evaluation of the application, (v) Whether issuance of the license
* * * * * will not be inimical to the common
(d) In the case of an application for an whether:
(i) The application and the record of defense and security or to the health
early site permit under subpart A of part
the proceeding contain sufficient and safety of the public.
52 of this chapter, the notice will, (vi) Whether the proposed
except as the Commission determines information, and the review of the
application by the NRC staff has been inspections, tests, analyses, and
otherwise, state, in implementation of acceptance criteria, including those
paragraph (a)(3) of this section: adequate to support affirmative findings
on paragraphs (d)(1)(i) through (v), and applicable to emergency planning, are
(1) If the proceeding is a contested
(vii) of this section, and a negative necessary and sufficient to provide
proceeding, the presiding officer will
finding on paragraph (d)(1)(vi) of this reasonable assurance that the facility
consider the following issues:
(i) Whether applicable standards and section; and has been constructed and will be
requirements of the Act and the (ii) The review conducted under part operated in conformity with the license,
Commission’s regulations have been 51 of this chapter under the National the provisions of the Act, and the
met; Environmental Policy Act (NEPA) has Commission’s regulations;
(ii) Whether any required been adequate. (vii) Whether any inspections, tests,
notifications to other agencies or bodies (3) Regardless of whether the or analyses have been successfully
have been duly made; proceeding is contested or uncontested, completed and the acceptance criteria in
(iii) If the applicant requests the presiding officer will, in accordance a referenced early site permit, standard
authorization to perform the activities with subpart A of part 51 of this design certification or for a
under § 52.17(c) of this chapter, whether chapter: manufactured reactor have been met,
there is reasonable assurance that the (i) Determine whether the but only to the extent that the combined
proposed site is a suitable location for requirements of section 102(2) (A), (C), license application represents that those
a reactor of the general size and type and (E) of the NEPA and subpart A of inspections, tests and analyses have
described in the application from the part 51 of this chapter have been been successfully completed and the
standpoint of radiological health and complied with in the proceeding; acceptance criteria have been met;
safety considerations under the Act and (ii) Independently consider the final (viii) Whether the issuance of the
regulations issued by the Commission. balance among conflicting factors combined license will be inimical to the
(iv) Whether there is reasonable contained in the record of the common defense and security or to the
assurance that the site is in conformity proceeding with a view to determine the health and safety of the public; and
with the provisions of the Act, and the appropriate action to be taken; and (ix) Whether, in accordance with the
Commission’s regulations; (iii) If the applicant requests requirements of subpart C of part 52 of
(v) Whether the applicant is authorization to perform the activities this chapter and subpart A of part 51 of
technically qualified to engage in any under § 52.17(c) of this chapter, whether this chapter, the combined license
activities authorized; there is reasonable assurance that the should be issued as proposed.
(vi) Whether the proposed proposed site is a suitable location for (2) If the proceeding is not a contested
inspections, tests, analyses and a reactor of the general size and type proceeding, the presiding officer will
acceptance criteria, including any on described in the application from the determine, without conducting a de
emergency planning, are necessary and standpoint of radiological health and novo evaluation of the application, if:
safety considerations under the Act and (i) The application and the record of
1 If the notice of hearing concerning an regulations issued by the Commission. the proceeding contain sufficient
application for a construction permit, early site (iv) Determine whether the combined information, and the review of the
permit, or combined license for a facility of the type license should be issued, denied or application by the NRC staff has been
described in § 50.21(b) or § 50.22 of this chapter or appropriately conditioned to protect adequate to support affirmative findings
a testing facility does not specify the time and place
environmental values. on paragraphs (e)(1)(i) through (vii), and
of initial hearing, a subsequent notice will be

published in the Federal Register which will (e) In the case of an application for a (ix) of this section, and a negative
provide at least 30 days notice of the time and place combined license under subpart C of finding on paragraph (e)(1)(viii) of this
of that hearing. After this notice is given the part 52 of this chapter, the notice will, section; and
presiding officer may reschedule the
commencement of the initial hearing for a later date
except as the Commission determines (ii) The review conducted under part
or reconvene a recessed hearing without again otherwise, state, in implementation of 51 of this chapter under NEPA has been
providing at least 30 days notice. paragraph (a)(3) of this section: adequate.
(3) Regardless of whether the security or to the health and safety of Administrative Judge of the Atomic
proceeding is contested or uncontested, the public; and Safety and Licensing Board Panel;
the presiding officer will, in accordance (vii) Whether, in accordance with the (3) That the presiding officer will
with subpart A of part 51 of this requirements of subpart F of part 52 and consider and decide whether the
chapter: subpart A of part 51 of this chapter, the activities under the proposed license
(i) Determine whether the license should be issued as proposed. would create or maintain a situation
requirements of section 102(2) (A), (C), (2) If the proceeding is not a contested inconsistent with the antitrust laws
and (E) of the NEPA and subpart A of proceeding, the presiding officer will described in section 105a of the Act;
part 51 of this chapter have been determine, without conducting a de and
complied with in the proceeding; novo evaluation of the application, (4) That matters of radiological health
(ii) Independently consider the final whether: and safety and common defense and
balance among conflicting factors (i) The application and the record of security, and matters raised under
contained in the record of the the proceeding contain sufficient NEPA, will be considered at another
proceeding with a view to determine the information, and the review of the hearing if otherwise required or ordered
appropriate action to be taken; and application by the NRC staff has been to be held, for which a notice will be
(iii) Determine whether the combined adequate to support affirmative findings published under paragraphs (a) and (b)
license should be issued, denied or on paragraphs (f)(1)(i) through (v), and of this section, unless otherwise
appropriately conditioned to protect (vii) of this section proposed to be made authorized by the Commission.
environmental values. and a negative finding on paragraph (m)(1) The Secretary will transmit a
(f) In the case of an application for a (f)(1)(vi) of this section; and notice of hearing on an application for
manufacturing license under subpart F (ii) The review conducted under part a license for a production or utilization
of part 52 of this chapter, the issues 51 of this chapter under NEPA has been facility including an early site permit,
stated in the notice of hearing under adequate. combined license (but not for a
paragraph (a)(3) of this section will not (3) Regardless of whether the manufacturing license), for a license for
involve consideration of the particular proceeding is contested or uncontested, receipt of waste radioactive material
sites at which any of the nuclear power the presiding officer will, in accordance from other persons for the purpose of
reactors to be manufactured may be with subpart A of part 51: commercial disposal by the waste
located and operated. Except as the (i) Determine whether the disposal licensee, for a license under
Commission determines otherwise, the requirements of section 102(2) (A), (C), part 61 of this chapter, for a
notice of hearing will state: and (E) of the National Environmental construction authorization for a HLW
(1) If the proceeding is a contested
Policy Act and subpart A of part 51 of repository at a geologic repository
proceeding, the presiding officer will
this chapter have been complied with in operations area under parts 60 or 63 of
consider the following issues:
(i) Whether applicable standards and the proceeding; this chapter, for a license to receive and
requirements of the Act and the (ii) Independently consider the final possess high-level radioactive waste at a
Commission’s regulations have been balance among conflicting factors geologic repository operations area
met; contained in the record of the under parts 60 or 63 of this chapter, and
(ii) Whether there is reasonable proceeding with a view to determine the for a license under part 72 of this
assurance that the reactor(s) will be appropriate action to be taken; and chapter to acquire, receive or possess
manufactured, and can be transported, (iii) Determine whether the spent fuel for the purpose of storage in
incorporated into a nuclear power plant, manufacturing license should be issued, an independent spent fuel storage
and operated in conformity with the denied or appropriately conditioned to installation (ISFSI) to the governor or
manufacturing license, the provisions of protect environmental values. other appropriate official of the State
the Act, and the Commission’s (4) The place of hearing on an and to the chief executive of the
regulations; application for a manufacturing license municipality in which the facility is to
(iii) Whether the proposed reactor(s) will be Rockville, Maryland, or such be located or the activity is to be
to be manufactured can be incorporated other location as the Commission deems conducted or, if the facility is not to be
into a nuclear power plant at sites appropriate. located or the activity conducted within
having characteristics that fall within (g)–(k) [Reserved] a municipality, to the chief executive of
the site parameters postulated for the (l) In an application for a construction the county (or to the Tribal organization,
design of the manufactured reactor(s) permit or an operating license for a if it is to be located or conducted within
without undue risk to the health and facility on which a hearing is required an Indian reservation).
safety of the public; by the Act or this chapter, or in which (2) The Secretary will transmit a
(iv) Whether the applicant is the Commission finds that a hearing is notice of opportunity for hearing under
technically qualified to design and required in the public interest to § 52.103 of this chapter on whether the
manufacture the proposed nuclear consider the antitrust aspects of the facility as constructed complies, or on
power reactor(s); application, the notice of hearing will, completion will comply, with the
(v) Whether the proposed inspections, unless the Commission determines acceptance criteria in the combined
tests, analyses, and acceptance criteria otherwise, state: license, except for those ITAAC that the
are necessary and sufficient, within the (1) A time of the hearing, which will Commission found were met under
scope of the manufacturing license, to be as soon as practicable after the § 52.97, to the governor or other
provide reasonable assurance that the receipt of the Attorney General’s advice appropriate official of the State and to
reactor has been manufactured and will and compliance with sections 105 and the chief executive of the municipality
be operated in conformity with the 189a of the Act and this part; in which the facility is to be located or
license, the provisions of the Act, and (2) The presiding officer for the the activity is to be conducted or, if the
the Commission’s regulations; hearing who shall be either an facility is not to be located or the
(vi) Whether the issuance of a license administrative law judge or an atomic activity conducted within a
for manufacture of the reactor(s) will be safety and licensing board established municipality, to the chief executive of
inimical to the common defense and by the Commission or by the Chief the county (or to the Tribal organization,
if it is to be located or conducted within (3) For a notice of intended operation requirements of the Act and this
an Indian reservation). under § 52.103(a) of this chapter, the chapter.
(3) The Secretary will transmit a following information: * * * * *
notice of hearing on an application for (i) The identification of the NRC 13. Section 2.109 is revised to read as
a license under part 72 of this chapter action as making the finding required follows:
to acquire, receive or possess spent fuel, under § 52.103(g) of this chapter;
high-level radioactive waste or (ii) The manner in which copies of the § 2.109 Effect of timely renewal
radioactive material associated with safety analysis may be obtained and application.
high-level radioactive waste for the examined; (a) Except for the renewal of an
purpose of storage in a monitored (iii) A finding that the application for operating license for a nuclear power
retrievable storage installation (MRS) to the license or amendment complies plant under 10 CFR 50.21(b) or 50.22, an
the same persons who received the with the requirements of the Act and early site permit under subpart A of part
notice of docketing under § 72.16(e) of this chapter, including successful 52 of this chapter, a manufacturing
this chapter. completion of all inspections, tests, license under subpart F of part 52 of this
11. In § 2.105, the introductory text of analyses, and acceptance criteria; and chapter, or a combined license under
paragraphs (a) and (a)(4) are revised, (iv) Any conditions, limitations or subpart C of part 52 of this chapter, if
and paragraphs (a)(12) and (b)(3) are restrictions to be placed on the license at least 30 days before the expiration of
added to read as follows: in connection with the finding under an existing license authorizing any
§ 52.103(g) of this chapter, and the activity of a continuing nature, the
§ 2.105 Notice of proposed action. licensee files an application for a
expiration date or circumstances (if any)
(a) If a hearing is not required by the under which the conditions, limitations renewal or for a new license for the
Act or this chapter, and if the or restrictions will no longer apply. activity so authorized, the existing
Commission has not found that a license will not be deemed to have
* * * * *
hearing is in the public interest, it will, expired until the application has been
12. In § 2.106, paragraphs (a) and (b)
before acting thereon, publish in the finally determined.
are revised to read as follows:
Federal Register, as applicable, a (b) If the licensee of a nuclear power
document under § 52.103(a) of this § 2.106 Notice of issuance. plant licensed under 10 CFR 50.21(b) or
chapter with respect to a finding that (a) The Director of Nuclear Reactor 50.22 files a sufficient application for
inspections, tests, analyses, and Regulation or Director of Nuclear renewal of either an operating license or
acceptance criteria for a combined Material Safety and Safeguards, as a combined license at least 5 years
license under subpart C of part 52 have appropriate, will inform the State and before the expiration of the existing
been met, or a notice of proposed action local officials specified in § 2.104(e) and license, the existing license will not be
with respect to an application for: publish a document in the Federal deemed to have expired until the
* * * * * Register announcing the issuance of: application has been finally determined.
(4) An amendment to an operating (1) A license or an amendment of a (c) If the holder of an early site permit
license, combined license or license for which a notice of proposed licensed under subpart A of part 52 of
manufacturing license for a facility action has been previously published; this chapter files a sufficient application
licensed under §§ 50.21(b) or 50.22 of (2) An amendment of a license for a for renewal under § 52.29 of this chapter
this chapter, or for a testing facility, as facility of the type described in at least 12 months before the expiration
follows: § 50.21(b) or § 50.22 of this chapter, or of the existing early site permit, the
a testing facility, whether or not a notice existing permit will not be deemed to
* * * * *
of proposed action has been previously have expired until the application has
(12) An amendment to an early site
published; and been finally determined.
permit issued under subpart A of part
(3) The finding under § 52.103(g) of (d) If the licensee of a manufacturing
52 of this chapter, as follows:
this chapter. license under subpart F of part 52 of this
(i) If the early site permit does not
(b) The notice of issuance will set chapter files a sufficient application for
provide authority to conduct the
forth: renewal under § 52.177 of this chapter
activities allowed under § 50.10(e)(1) of
(1) In the case of a license or at least 12 months before the expiration
this chapter, the amendment will
amendment: of the existing license, the existing
involve no significant hazards
license will not be deemed to have
consideration, and though the NRC will (i) The nature of the license or
expired until the application has been
provide notice of opportunity for a amendment;
finally determined.
hearing under this section, it may make (ii) The manner in which copies of the
14. Section 2.110 is revised to read as
the amendment immediately effective safety analysis, if any, may be obtained
follows:
and grant a hearing thereafter; and and examined; and
(ii) If the early site permit provides (iii) A finding that the application for § 2.110 Filing and administrative action on
authority to conduct the activities the license or amendment complies submittals for standard design approval or
allowed under § 50.10(e)(1) and the with the requirements of the Act and early review of site suitability issues.
Commission determines under §§ 50.58 this chapter. (a)(1) A submittal for a standard
and 50.91 of this chapter that an (2) In the case of a finding under design approval under subpart E of part
emergency situation exists or that § 52.103(g) of this chapter: 52 of this chapter shall be subject to
exigent circumstances exist and that the (i) The manner in which copies of the §§ 2.101(a) and 2.390 to the same extent
amendment involves no significant safety analysis, if any, may be obtained as if it were an application for a permit
hazards consideration, it will provide and examined; and or license.

notice of opportunity for a hearing (ii) A finding that the prescribed (2) Except as specifically provided
under § 2.106 of this chapter (if a inspections, tests, and analyses have otherwise by the provisions of appendix
hearing is requested, which will be held been performed, the prescribed Q to part 50 of this chapter, a submittal
after issuance of the amendment). acceptance criteria have been met, and for early review of site suitability issues
(b) * * * that the license complies with the under appendix Q to part 50 of this
chapter shall be subject to §§ 2.101(a)(2) 16. In § 2.202, paragraph (e) is revised shall make findings of fact and
through (4) to the same extent as if it to read as follows: conclusions of law on the matters put
were an application for a permit or into controversy by the parties to the
license. § 2.202 Orders. proceeding and on matters which have
(b) Upon initiation of review by the * * * * * been determined to be the issues in the
NRC staff of a submittal for an early (e)(1) If the order involves the proceeding by the Commission or the
review of site suitability issues under modification of a part 50 license and is presiding officer. Matters not put into
appendix Q of part 50 of this chapter, a backfit, the requirements of § 50.109 of controversy by the parties shall be
or for a standard design approval under this chapter shall be followed, unless referred to the Commission for its
subpart E of part 52 of this chapter, the the licensee has consented to the action determination. The Commission may, in
Director of Nuclear Reactor Regulation required. its discretion, treat the matter as a
shall publish in the Federal Register a (2) If the order involves the request for action under 10 CFR 2.206
notice of receipt of the submittal, modification of combined license under and process the matter in accordance
inviting comments from interested subpart C of part 52 of this chapter, the with § 52.103(f).
persons within 60 days of publication or requirements of § 52.98 of this chapter (b) Immediate effectiveness of certain
other time as may be specified, for shall be followed unless the licensee has decisions. Except as provided in
consideration by the NRC staff and consented to the action required. paragraphs (d) through (i) of this
ACRS in their review. (3) If the order involves a change to section, or as otherwise ordered by the
(c)(1) Upon completion of review by an early site permit under subpart A of Commission in special circumstances,
the NRC staff and the ACRS of a part 52 of this chapter, the requirements an initial decision directing the issuance
submittal for a standard design of § 52.39 of this chapter must be or amendment of an early site permit, a
approval, the Director of the Office of followed, unless the applicant or construction permit, a construction
Nuclear Reactor Regulation shall licensee has consented to the action authorization, an operating license, a
publish in the Federal Register a required. combined license under part 52 of this
determination as to whether or not the (4) If the order involves a change to chapter, or a license under 10 CFR part
design is acceptable, subject to terms a standard design certification rule 72 to store spent fuel in an independent
and conditions as may be appropriate, referenced by that plant’s application, spent fuel storage installation (ISFSI) at
and shall make available at the NRC the requirements, if any, in the a reactor site, or a decision making the
Web site, http://www.nrc.gov, a report referenced design certification rule with finding under § 52.103(g) that
that analyzes the design. respect to changes must be followed, or, acceptance criteria have been met, is
(2) Upon completion of review by the in the absence of these requirements, effective immediately upon issuance
NRC staff and, if appropriate by the the requirements of § 52.63 of this unless the presiding officer finds that
ACRS, of a submittal for early review of chapter must be followed, unless the good cause has been shown by a party
site suitability issues, the NRC staff applicant or licensee has consented to why the initial decision should not
shall prepare a staff site report which follow the action required. become immediately effective. If any
shall identify the location of the site, (5) If the order involves a change to decision under this paragraph is not
state the site suitability issues reviewed, a standard design approval referenced made by the Commission acting as the
explain the nature and scope of the by that plant’s application, the presiding officer, the decision is subject
review, state the conclusions of the staff requirements of § 52.145 of this chapter to review and further decision by the
regarding the issues reviewed and state must be followed unless the applicant Commission upon petition for review
the reasons for those conclusions. Upon or licensee has consented to follow the filed by any party under § 2.341 or upon
issuance of an NRC staff site report, the action required. its own motion.
NRC staff shall publish a notice of the (6) If the order involves a (c) Except as provided in paragraphs
availability of the report in the Federal modification of a manufacturing license (d) through (i) of this section, or as
Register and shall make the report under subpart F of part 52, the otherwise ordered by the Commission in
available at the NRC Web site, http:// requirements of § 52.171 of this chapter special circumstances, the Director of
www.nrc.gov. The NRC staff shall also must be followed, unless the applicant Nuclear Reactor Regulation or Director
send a copy of the report to the or licensee has consented to the action of Nuclear Material Safety and
Governor or other appropriate official of required. Safeguards, as appropriate,
the State in which the site is located, 17. In § 2.340, the section heading and notwithstanding the filing or granting of
and to the chief executive of the paragraphs (b) and (c) are revised, a petition for review, shall issue an early
municipality in which the site is located paragraph (h) is redesignated as site permit, a construction permit, a
or, if the site is not located in a paragraph (o), paragraph (a) is construction authorization, an operating
municipality, to the chief executive of redesignated as paragraph (a)(1), and license, a combined license under part
the county. paragraphs (a)(2), (e), (h), and (i) are 52 of this chapter, or a license under 10
15. Section 2.111 is revised to read as added, and paragraphs (j) through (n) CFR part 72 to store spent fuel in an
follows: are added and reserved to read as independent spent fuel storage
follows: installation at a reactor site, or
§ 2.111 Prohibition of sex discrimination.
No person shall on the grounds of sex § 2.340 Initial decisions; immediate amendments thereto, authorized by an
be excluded from participation in, be effectiveness of certain decisions. initial decision, within ten (10) days
denied a license, standard design (a)(1) * * * from the date of issuance of the
approval, or petition for rulemaking (2) Initial decisions on findings under decision.
(including a design certification), be 10 CFR 52.103 with respect to * * * * *

denied the benefits of, or be subjected acceptance criteria in nuclear power (e) Nuclear power reactor early site
to discrimination under any program or reactor combined licenses. In any initial permits. (1) Presiding officers. Presiding
activity carried on or receiving Federal decision under § 52.103(g) of this officers shall hear and decide all issues
assistance under the Act or the Energy chapter with respect to acceptance that come before them, indicating in
Reorganization Act of 1974. criteria being met, the presiding officer their decisions the type of licensing
action, if any, which their decision (ii) The parties may file brief has been resolved incorrectly below, the
would authorize. The presiding officer’s comments with the Commission degree to which correct resolution of the
decisions concerning early site permits pointing out matters which, in their issue would be prejudiced by operation
are not effective until the Commission view, pertain to the immediate pending review, and other relevant
actions outlined in paragraph (e)(2) of effectiveness issue. To be considered, public interest factors.
this section have taken place. these comments must be received (ii) For findings other than those
within ten (10) days of the presiding authorizing only fuel loading and low
(2) Commission. Within sixty (60)
officer’s decision. However, the power testing consistent with the target
days of the service of any presiding
Commission may dispense with schedule set forth below, the parties
officer decision that would otherwise
comments by so advising the parties. An may file brief comments with the
authorize issuance of an early site
extensive stay will not be issued Commission pointing out matters
permit, the Commission will seek to
without giving the affected parties an which, in their view, pertain to the
issue a decision on any stay motions
opportunity to be heard. immediate effectiveness issue. To be
that are timely filed. These motions
(iii) The Commission intends to issue considered, these comments must be
must be filed as provided by § 2.341. For
a stay decision within thirty (30) days received within ten (10) days of the
the purpose of this paragraph, a stay
of receipt of the presiding officer’s presiding officer’s findings. However,
motion is one that seeks to defer the decision. The presiding officer’s initial the Commission may dispense with
effectiveness of a presiding officer decision will be considered stayed comments by so advising the parties. An
decision beyond the period necessary pending the Commission’s decision. extensive stay will not be issued
for the Commission action described (iv) In announcing a stay decision, the without giving the affected parties an
herein. If no stay papers are filed, the Commission may allow the proceeding opportunity to be heard.
Commission will, within the same time to run its ordinary course or give (iii) The Commission intends to issue
period (or earlier if possible), analyze instructions as to the future handling of a stay decision within thirty (30) days
the record and early site permit decision the proceeding. Furthermore, the of receipt of the presiding officer’s
below on its own motion and will seek Commission may, in a particular case, findings. The presiding officer’s
to issue a decision on whether a stay is determine that compliance with existing findings will be considered stayed
warranted. However, the Commission regulations and policies may no longer pending the Commission’s decision
will not decide that a stay is warranted be sufficient to warrant approval of a insofar as such findings may allow
without giving the affected parties an license application and may alter those operations other than fuel loading and
opportunity to be heard. The initial regulations and policies. operation up to five (5) percent of rated
decision will be considered stayed (i) Findings under § 52.103(g) of this power.
pending the Commission’s decision. In chapter with respect to acceptance (iv) In announcing a stay decision, the
deciding these stay questions, the criteria in nuclear power reactor Commission may allow the proceeding
Commission shall employ the combined licenses. (1) Presiding to run its ordinary course or give
procedures set out in § 2.342. officers. Presiding officers shall hear instructions as to the future handling of
* * * * * and decide all issues that come before the proceeding. Furthermore, the
them with respect to whether Commission may, in a particular case,
(h) Issuance of nuclear power reactor
acceptance criteria in the combined determine that compliance with existing
combined licenses under part 52 of this
license have been met, in accordance regulations and policies may no longer
chapter. (1) Presiding officers. Presiding
with § 52.103(g) of this chapter. A be sufficient to warrant a finding that
officers shall hear and decide all issues
presiding officer’s decision may not the acceptance criteria in the combined
that come before them, indicating in
become effective if it would otherwise license have been met and may alter
their decisions the type of licensing
allow operation at greater than five (5) those regulations and policies.
action, if any, which their decision
percent of rated power until the (j)–(n) [Reserved]
would authorize. A presiding officer’s
Commission actions outlined in * * * * *
decision authorizing issuance of a
paragraph (i)(2) of this section have 18. In § 2.390, the introductory text of
combined license is immediately taken place. If a decision otherwise
effective, and the Director shall issue paragraph (a) is revised to read as
allows operation up to five (5) percent, follows:
the appropriate license in accordance the decision is immediately effective.
with paragraph (c) of this section. (2) The Commission. (i) Reserving the § 2.390 Public inspections, exemptions,
(2) The Commission. (i) Reserving the power to step in at an earlier time, the requests for withholding.
power to step in at an earlier time, the Commission will, upon receipt of the (a) Subject to the provisions of
Commission will, upon receipt of the presiding officer’s finding under paragraphs (b), (d), (e), and (f) of this
presiding officer’s decision authorizing § 52.103(g) with respect to whether section, final NRC records and
issuance of a combined license, review acceptance criteria in the combined documents, including but not limited to
the matter on its own motion to license have been met, other than a correspondence to and from the NRC
determine whether to stay the finding which would otherwise allow regarding the issuance, denial,
effectiveness of the decision. A only fuel loading and low power (up to amendment, transfer, renewal,
combined license decision will be five (5) percent of rated power) testing, modification, suspension, revocation, or
stayed by the Commission only if it review the matter on its own motion to violation of a license, permit, order, or
determines that it is in the public determine whether to stay the standard design approval, or regarding a
interest to do so, based on a effectiveness of the finding. A presiding rulemaking proceeding subject to this
consideration of the gravity of the officer finding will be stayed by the part shall not, in the absence of an NRC
substantive issue, the likelihood that it Commission, insofar as it allows determination of a compelling reason
has been resolved incorrectly below, the operations other than fuel loading and for nondisclosure after a balancing of
degree to which correct resolution of the low power testing, if it determines that the interests of the person or agency
issue would be prejudiced by it is in the public interest to do so, based urging nondisclosure and the public
construction pending review, and other on a consideration of the gravity of the interest in disclosure, be exempt from
relevant public interest factors. substantive issue, the likelihood that it disclosure and will be made available
for inspection and copying at the NRC rulemaking except for initial an application must meet the
Web site, http://www.nrc.gov, and/or at applications for standard design requirements in § 2.813.
the NRC Public Document Room, except certification rulemaking under subpart (c) Capability to provide additional
for matters that are: B of part 52 of this chapter, and copies. The applicant shall maintain the
* * * * * subsequent petitions for amendment of capability to generate additional copies
19. Section 2.500 is revised to read as an existing design certification rule filed of the general information and the safety
follows: by the original applicant for the design analysis report, or part thereof or
certification rule. amendment thereto, for subsequent
§ 2.500 Scope of subpart. (d) The procedures in §§ 2.811 distribution in accordance with the
This subpart prescribes procedures through 2.819, as supplemented by the written instructions of the Director,
applicable to licensing proceedings provisions of subpart B of part 52, apply Office of Nuclear Reactor Regulation, or
which involve the consideration in to standard design certification the Director, Office of Nuclear Material
separate hearings of an application for a rulemaking. Safety and Safeguards, as appropriate.
license to manufacture nuclear power (d) Public hearing copy. In any
reactors under subpart F of part 52 of hearing conducted under subpart O of
follows:
this chapter. this part for a design certification
20. In § 2.501, the section heading, the § 2.801 Initiation of rulemaking. rulemaking, the applicant must make a
introductory language of paragraph (a), copy of the updated application
Rulemaking may be initiated by the
and paragraph (b) are revised to read as available at the public hearing for the
Commission at its own instance, on the
follows: use of any other parties to the
recommendation of another agency of
proceeding, and shall certify that the
§ 2.501 Notice of hearing on application the United States, or on the petition of
updated copies of the application
under subpart F of part 52 for a license to any other interested person, including
contain the current contents of the
manufacture nuclear power reactors. an application for design certification
application submitted in accordance
(a) In the case of an application under under subpart B of part 52 of this
with the requirements of this part.
subpart F of part 52 of this chapter for chapter. (e) Pre-application consultation. A
a license to manufacture nuclear power 26. In subpart H, §§ 2.811, 2.813, prospective applicant for a standard
reactors of the type described in § 50.22 2.815, 2.817, and 2.819 are added to design certification may consult with
of this chapter to be operated at sites not read as follows: the NRC before filing an application by
identified in the license application, the § 2.811 Filing of standard design writing to the Chief, New Reactor
Secretary will issue a notice of hearing certification application; required copies. Licensing Branch, U.S. Nuclear
to be published in the Federal Register Regulatory Commission, Washington,
at least 30 days before the date set for (a) Serving of applications. The signed DC 20555–0001, with respect to the
hearing in the notice.1 The notice shall original of an application for a standard subject matters listed in § 2.802(a)(1)(i)
be issued as soon as practicable after the design certification, including all through (iii) of this chapter. A
application has been docketed. The amendments to the applications must be prospective petitioner also may
notice will state: sent either by mail addressed: ATTN: telephone the Rules and Directives
Document Control Desk, U.S. Nuclear Branch on (301) 415–7163, or toll free
* * * * * Regulatory Commission, Washington,
(b) The notice of hearing shall comply on (800) 368–5642, or send e-mail to
DC 20555–0001; by facsimile; by hand NRCREP@nrc.gov on these subject
with the requirements of § 2.104(f) of delivery to the NRC’s offices at 11555
this chapter. matters. In addition, a prospective
Rockville Pike, Rockville, Maryland, applicant may confer informally with
* * * * * between the hours of 7:30 a.m. and 4:15 the NRC staff BEFORE filing an
§ 2.502 [Removed and Reserved]
p.m. eastern time; or, where practicable, application for a standard design
by electronic submission, for example, certification, and the limitations in
21. Remove and reserve § 2.502. via Electronic Information Exchange, e- § 2.802(a)(2) do not apply.
§ 2.503 [Removed and Reserved] mail, or CD–ROM. Electronic
22. Remove and reserve § 2.503. submissions must be made in a manner § 2.813 Written communications.
that enables the NRC to receive, read, (a) General requirements. All
§ 2.504 [Removed and Reserved] authenticate, distribute, and archive the correspondence, reports, and other
23. Remove and reserve § 2.504. submission, and process and retrieve it written communications from the
24. Section 2.800 is revised to read as a single page at a time. Detailed applicant to the Nuclear Regulatory
follows: guidance on making electronic Commission concerning the regulations
submissions can be obtained by visiting in this subpart, and parts 50, 52, and
§ 2.800 Scope and applicability. the NRC’s Web site at http:// 100 of this chapter must be sent either
(a) This subpart governs the issuance, www.nrc.gov/site-help/eie.html, by by mail addressed: ATTN: Document
amendment, and repeal of regulations in calling (301) 415–6030, by e-mail at Control Desk, U.S. Nuclear Regulatory
which participation by interested EIE@nrc.gov, or by writing the Office of Commission, Washington, DC 20555–
persons is prescribed under section 553 Information Services, U.S. Nuclear 0001; by hand delivery to the NRC’s
of title 5 of the U.S. Code. Regulatory Commission, Washington, offices at 11555 Rockville Pike,
(b) The procedures in §§ 2.804 DC 20555–0001. The guidance Rockville, Maryland, between the hours
through 2.810 apply to all rulemakings. discusses, among other topics, the of 7:30 a.m. and 4:15 p.m. eastern time;
(c) The procedures in §§ 2.802 formats the NRC can accept, the use of or, where practicable, by electronic
through 2.803 apply to all petitions for electronic signatures, and the treatment submission, for example, via Electronic
of nonpublic information. If the Information Exchange, e-mail, or CD–
1 The thirty-day (30) requirement of this
communication is on paper, the signed ROM. Electronic submissions must be
paragraph is not applicable to a notice of the time original must be sent.
and place of hearing published by the presiding
made in a manner that enables the NRC
officer after the notice of hearing described in this (b) Form of application. Each original to receive, read, authenticate, distribute,
section has been published. of an application and an amendment of and archive the submission, and process
and retrieve it a single page at a time. § 2.817 Withdrawal of application. 3 CFR Table 4; E.O. 12968, 3 CFR 1995
Detailed guidance on making electronic (a) The Commission may permit an COM., p. 396.
submissions can be obtained by visiting applicant to withdraw an application for 28. In § 10.1, paragraphs (a)(1) and
the NRC’s Web site at http:// a standard design certification before (a)(2) are revised and paragraph (a)(3) is
www.nrc.gov/site-help/eie.html, by the issuance of a notice of proposed added to read as follows:
calling (301) 415–6030, by e-mail at rulemaking on such terms and
EIE@nrc.gov, or by writing the Office of conditions as the Commission may § 10.1 Purpose.
Information Services, U.S. Nuclear prescribe, or may, on receiving a request (a) * * *
Regulatory Commission, Washington, for withdrawal of an application, deny (1) The eligibility of individuals who
DC 20555–0001. The guidance the application or dismiss it without are employed by or applicants for
discusses, among other topics, the prejudice. The NRC will publish in the employment with NRC contractors,
formats the NRC can accept, the use of Federal Register a document agents, and other individuals who are
electronic signatures, and the treatment withdrawing the application, if the NRC employees or applicants for NRC
of nonpublic information. If the notice of receipt of the application, an employment, and other persons
communication is on paper, the signed advance notice of proposed rulemaking, designated by the Deputy Executive
original must be sent. If a submission or a notice of proposed rulemaking for Director for Information Services and
due date falls on a Saturday, Sunday, or the standard design certification has Administration and Chief Information
Federal holiday, the next Federal been previously published in the Officer of the NRC, for access to
working day becomes the official due Federal Register. If the notice of receipt, Restricted Data under the Atomic
date. advance notice of proposed rulemaking Energy Act of 1954, as amended, and
or notice of proposed rulemaking was the Energy Reorganization Act of 1974,
(b) Form of communications. All
published on the NRC Web site, then or for access to national security
paper copies submitted to meet the
the notice of action on the withdrawal information;
requirements set forth in paragraph (a) will also be published on the NRC Web (2) The eligibility of NRC employees,
of this section must be typewritten, site. or the eligibility of applicants for
printed or otherwise reproduced in (b) The withdrawal of an application employment with the NRC, for
permanent form on unglazed paper. does not authorize the removal of any employment clearance; and
Exceptions to these requirements document from the files of the (3) The eligibility of individuals who
imposed on paper submissions may be Commission. are employed by or are applicants for
granted for the submission of employment with NRC licensees,
micrographic, photographic, or similar § 2.819 Denial of application for failure to
certificate holders, holders of standard
forms. supply information.
design approvals under part 52 of this
(c) Regulation governing submission. (a) The Commission may deny an
chapter, applicants for licenses,
An applicant submitting application for a standard design
certificates, and NRC approvals, and
correspondence, reports, and other certification if an applicant fails to
others who may require access related to
written communications under the respond to a request for additional
a license, certificate, or NRC approval,
regulations of this chapter is requested information within 30 days from the
or other activities as the Commission
but not required to cite whenever date of the request, or within such other
may determine, for access to Restricted
practical, in the upper right corner of time as may be specified.
(b) If the Commission denies an Data under the Atomic Energy Act of
the first page of the submission, the 1954, as amended, and the Energy
application because the applicant has
specific regulation or other basis Reorganization Act of 1974, or for access
failed to respond in a timely fashion to
requiring submission. to national security information.
a request for additional information, the
§ 2.815 Docketing and acceptance review. NRC will publish in the Federal * * * * *
Register a notice of denial and will 29. In § 10.2, paragraph (b) is revised
(a) Each application for a standard notify the applicant with a simple to read as follows:
design certification will be assigned a statement of the grounds of denial. If a
docket number. However, to allow a § 10.2 Scope.
notice of receipt of application, advance
determination as to whether an * * * * *
notice of proposed rulemaking, or notice
application is complete and acceptable (b) NRC licensees, certificate holders
of proposed rulemaking for a standard
for docketing, it will be initially treated and holders of standard design
design certification was published on
as a tendered application. A copy of the approvals under part 52 of this chapter,
the NRC Web site, then the notice of
tendered application will be available applicants for licenses, certificates, and
action on the denial will also be
for public inspection at the NRC Web standard design approvals under part 52
published on the NRC Web site.
site, http://www.nrc.gov, and/or at the of this chapter, and their employees
NRC Public Document Room. Generally, PART 10—CRITERIA AND (including consultants) and applicants
the determination on acceptability for PROCEDURES FOR DETERMINING for employment (including consulting);
docketing will be made within a period ELIGIBILITY FOR ACCESS TO * * * * *
of 30 days. The Commission may decide RESTRICTED DATA OR NATIONAL
to determine acceptability on the basis SECURITY INFORMATION OR AN PART 19—NOTICES, INSTRUCTIONS
of the technical adequacy of the EMPLOYMENT CLEARANCE AND REPORTS TO WORKERS;
application as well as its completeness. INSPECTION AND INVESTIGATIONS
27. The authority citation for part 10
(b) If the Commission determines that 30. The authority citation for part 19
continues to read as follows:

a tendered application is complete and is revised to read as follows:
acceptable for docketing, a docket Authority: Secs. 145, 161, 68 Stat. 942,
948, as amended (42 U.S.C. 2165, 2201); sec. Authority: Secs. 53, 63, 81, 103, 104, 161,
number will be assigned to the 201, 88 Stat. 1242, as amended (42 U.S.C. 186, 68 Stat. 930, 933, 935, 936, 937, 948,
application or part thereof, and the 5841); E.O. 10450, 3 CFR parts 1949–1953 955, as amended, sec. 234, 83 Stat. 444, as
applicant will be notified of the COMP., p. 936, as amended; E.O. 10865, 3 amended, sec. 1701, 106 Stat. 2951, 2952,
determination. CFR 1959–1963 COMP., p. 398, as amended; 2953 (42 U.S.C. 2073, 2093, 2111, 2133, 2134,
2201, 2236, 2282, 2297f); sec. 201, 88 Stat. (b) The regulations in this part each applicant for a standard design
1242, as amended (42 U.S.C. 5841); Pub. L. regarding interviews of individuals certification under subpart B of part 52
95–601, sec. 10, 92 Stat. 2951 (42 U.S.C. under subpoena apply to all of this chapter, and each applicant for
5851); sec. 1704, 112 Stat. 2750 (44 U.S.C.
investigations and inspections within and holder of a manufacturing license
3504 note).
Section 19.32 is also issued under sec. 401, the jurisdiction of the NRC other than under subpart F of part 52 of this
88 Stat. 1254 (42 U.S.C. 2000d, 42 U.S.C. those involving NRC employees or NRC chapter shall post:
5891). contractors. The regulations in this part (1) The regulations in this part;
do not apply to subpoenas issued under (2) The operating procedures
31. Section 19.1 is revised to read as applicable to the activities regulated by
follows: 10 CFR 2.702.
33. In § 19.3 the definitions of License the NRC which are being conducted by
§ 19.1 Purpose. and Worker are revised, and the the applicant or holder; and
The regulations in this part establish definitions of Regulated entities and (3) Any notice of violation, proposed
requirements for notices, instructions, Regulated activities are added to read as imposition of civil penalty, or order
and reports by licensees and regulated follows: issued under subpart B of part 2 of this
entities to individuals participating in chapter, and any response from the
NRC-licensed and regulated activities § 19.3 Definitions. applicant or holder.
and options available to these * * * * * (c) [Reserved]
License means a license issued under (d) If posting of a document specified
individuals in connection with
the regulations in parts 30 through 36, in paragraphs (a)(1), (2) or (3), or (b)(1)
Commission inspections of licensees
39, 40, 60, 61, 63, 70, or 72 of this or (2) of this section is not practicable,
and regulated entities, and to ascertain
chapter, including licenses to the licensee or regulated entity may post
compliance with the provisions of the
manufacture, construct and/or operate a a notice which describes the document
Atomic Energy Act of 1954, as amended,
titles II and IV of the Energy production or utilization facility under and states where it may be examined.
parts 50, 52, or 54 of this chapter. (e)(1) Each licensee, each applicant
Reorganization Act of 1974, and
for a specific license, each applicant for
regulations, orders, and licenses * * * * * or holder of a standard design approval
thereunder. The regulations in this part Regulated activities means any under subpart E of part 52 of this
also establish the rights and activity carried on which is under the chapter, each applicant for an early site
responsibilities of the Commission and jurisdiction of the NRC under the permit under subpart A of part 52 of this
individuals during interviews Atomic Energy Act of 1954, as amended, chapter, and each applicant for a
compelled by subpoena as part of or any title of the Energy Reorganization standard design certification under
agency inspections or investigations Act of 1972, as amended. subpart B of part 52 of this chapter shall
under section 161c of the Atomic Regulated entities means any prominently post NRC Form 3, ‘‘Notice
Energy Act of 1954, as amended, on any individual, person, organization, or to Employees,’’ dated August 1997.
matter within the Commission’s corporation that is subject to the Later versions of NRC Form 3 that
jurisdiction. regulatory jurisdiction of the NRC,
32. Section 19.2 is revised to read as supersede the August 1997 version shall
including (but not limited to) an replace the previously posted version
follows: applicant for or holder of a standard within 30 days of receiving the revised
§ 19.2 Scope.
design approval under subpart E of part NRC Form 3 from the Commission.
52 of this chapter or a standard design (2) Additional copies of NRC Form 3
(a) The regulations in this part apply
certification under subpart B of part 52 may be obtained by writing to the
to:
(1) All persons who receive, possess, of this chapter. Regional Administrator of the
use, or transfer material licensed by the * * * * * appropriate U.S. Nuclear Regulatory
NRC under the regulations in parts 30 Worker means an individual engaged Commission Regional Office listed in
through 36, 39, 40, 60, 61, 63, 70, or 72 in activities licensed or regulated by the appendix D to part 20 of this chapter, by
of this chapter, including persons Commission and controlled by a calling (301) 415–5877, via e-mail to
licensed to operate a production or licensee or regulated entity, but does not forms@nrc.gov, or by visiting the NRC’s
utilization facility under parts 50 or 52 include the licensee or regulated entity. Web site at http://www.nrc.gov and
of this chapter, persons licensed to 34. 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 the home page.
independent spent fuel storage introductory text of paragraph (a), and (f) Documents, notices, or forms
installation (ISFSI) under part 72 of this paragraphs (b), (d), and (e) are revised, posted under this section shall appear
chapter, and in accordance with 10 CFR 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: permit individuals engaged in NRC-
certificate of compliance or an approved licensed or regulated activities to
§ 19.11 Posting of notices to workers.
compliance plan under part 76 of this observe them on the way to or from any
chapter; (a) Each licensee (except for a holder particular licensed or regulated activity
(2) All applicants for and holders of of an early site permit under subpart A location to which the document applies,
licenses (including construction permits of part 52 of this chapter, or a holder of shall be conspicuous, and shall be
and early site permits) under parts 50, a manufacturing license under subpart F replaced if defaced or altered.
52, and 54 of this chapter; of part 52 of this chapter) shall post (g) Commission documents posted
(3) All applicants for and holders of current copies of the following under paragraphs (a)(4) or (b)(3) of this
a standard design approval under documents: section shall be posted within 2 working
subpart E of part 52; and * * * * * 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. subpart A of part 52 of this chapter, entity. These documents shall remain
posted for a minimum of 5 working days individual who deliberately interferes PART 20—STANDARDS FOR
or until action correcting the violation with a fair and orderly inspection. With PROTECTION AGAINST RADIATION
has been completed, whichever is later. regard to areas containing information
35. Section 19.14 is revised to read as classified by an agency of the U.S. 39. The authority citation for part 20
follows: Government in the interest of national continues to read as follows:
security, an individual who Authority: Secs. 53, 63, 65, 81, 103, 104,
§ 19.14 Presence of representatives of
accompanies an inspector may have 161, 182, 186, 68 Stat. 930, 933, 935, 936,
licensees and regulated entities, and
workers during inspections. access to such information only if 937, 948, 953, 955, as amended, sec. 1701,
authorized to do so. With regard to any 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073,
(a) Each licensee, applicant for a 2093, 2095, 2111, 2133, 2134, 2201, 2232,
area containing proprietary information,
license, applicant for or holder of a 2236, 2297f), secs. 201, as amended, 202,
the workers’ representative for that area
standard design approval under subpart 206, 88 Stat. 1242, as amended, 1244, 1246
shall be an individual previously
E of part 52, applicant for an early site (42 U.S.C. 5841, 5842, 5846); sec. 1704, 112
authorized by the licensee or regulated Stat. 2750 (44 U.S.C. 3504 note).
permit under subpart A of part 52, and
entity to enter that area.
applicant for a standard design 40. Section 20.1002 is revised to read
certification under subpart B of part 52 36. Section 19.20 is revised to read as
follows: as follows:
shall afford to the Commission at all
reasonable times opportunity to inspect § 19.20 Employee protection. § 20.1002 Scope.
materials, activities, facilities, premises, The regulations in this part apply to
and records under the regulations in Employment discrimination by a
licensee, a holder of a certificate of persons licensed by the Commission to
this chapter. receive, possess, use, transfer, or
(b) During an inspection, Commission compliance issued under part 76 or
regulated entity subject to the dispose of byproduct, source, or special
inspectors may consult privately with nuclear material or to operate a
workers as specified in § 19.15. The requirements in this part as delineated
in § 19.2(a), or a contractor or production or utilization facility under
licensee, regulated entity, or the parts 30 through 36, 39, 40, 50, 52, 60,
licensee’s or regulated entity’s subcontractor of a licensee, a holder of
a certificate of compliance issued under 61, 63, 70, or 72 of this chapter, and in
representative may accompany accordance with 10 CFR 76.60 to
Commission inspectors during other part 76, or regulated entity subject to the
requirements in this part as delineated persons required to obtain a certificate
phrases of an inspection. of compliance or an approved
(c) If, at the time of inspection, an in § 19.2(a), against an employee for
engaging in protected activities under compliance plan under part 76 of this
individual has been authorized by the chapter. The limits in this part do not
workers to represent them during this part or parts 30, 40, 50, 52, 54, 60,
61, 63, 70, 72, 76, or 150 of this chapter apply to doses due to background
Commission inspections, the licensee or radiation, to exposure of patients to
regulated entity shall notify the is prohibited.
37. Section 19.31 is revised to read as radiation for the purpose of medical
inspectors of such authorization and 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 to exposure from voluntary
physical working conditions. The Commission may, upon
application by any interested person or participation in medical research
(d) Each workers’ representative shall
upon its own initiative, grant such programs.
be routinely engaged in NRC-licensed or
regulated activities under control of the exemptions from the requirements of 41. In § 20.1401 paragraph (a) is
licensee or regulated entity, and shall the regulations in this part as it revised to read as follows:
have received instructions as specified determines are authorized by law, will § 20.1401 General provisions and scope.
in § 19.12. not result in undue hazard to life and
(e) Different representatives of property. (a) The criteria in this subpart apply
licensees or regulated entities, and 38. Section 19.32 is revised to read as to the decommissioning of facilities
workers may accompany the inspectors follows: licensed under parts 30, 40, 50, 52, 60,
during different phases of an inspection 61, 63, 70, and 72 of this chapter, and
if there is no resulting interference with § 19.32 Discrimination prohibited. release of part of a facility or site for
the conduct of the inspection. However, No person shall on the grounds of sex unrestricted use in accordance with
only one workers’ representative at a be excluded from participation in, be § 50.83 of this chapter, as well as other
time may accompany the inspectors. denied a license, be denied the benefit facilities subject to the Commission’s
(f) With the approval of the licensee of, or be subjected to discrimination jurisdiction under the Atomic Energy
or regulated entity, and the workers’ under any program or activity carried on Act of 1954, as amended, and the
representative an individual who is not which is under the jurisdiction of the Energy Reorganization Act of 1974, as
routinely engaged in licensed or NRC under the Atomic Energy Act of amended. For high-level and low-level
regulated activities under control of the 1954, as amended, or under any title of waste disposal facilities (10 CFR parts
license or regulated entity (for example, the Energy Reorganization Act of 1974, 60, 61, and 63), the criteria apply only
a consultant to the licensee, the as amended. This provision will be to ancillary surface facilities that
regulated entity, or the workers’ enforced through agency provisions and support radioactive waste disposal
representative), shall be afforded the regulations similar to those already activities. The criteria do not apply to
opportunity to accompany Commission established, with respect to racial and uranium and thorium recovery facilities
inspectors during the inspection of other discrimination, under Title VI of already subject to appendix A to 10 CFR
physical working conditions. the Civil Rights Act of 1964. This part 40 or the uranium solution
(g) Notwithstanding the other remedy is not exclusive, however, and extraction facilities.
provisions of this section, Commission will not prejudice or cut off any other * * * * *
inspectors are authorized to refuse to legal remedies available to a 42. In § 20.2203, paragraphs (c) and
permit accompaniment by any discriminatee. (d) are revised to read as follows:
§ 20.2203 Reports of exposures, radiation otherwise, in parts 31, 34, 35, 39, 40, 60, chapter or a combined license under
levels, and concentrations of radioactive 61, 63, 70, or part 72 of this chapter, to: part 52 of this chapter (for the period of
material exceeding the constraints or limits. (1) Each individual, partnership, construction until the date that the
* * * * * corporation, or other entity applying for Commission authorizes fuel load and
(c) For holders of an operating license or holding a license or permit under the operation under § 52.103 of this
or a combined license for a nuclear regulations in this chapter to possess, chapter), or to manufacture a facility
power plant, the occurrences included use, or transfer within the United States under part 52 of this chapter, evaluation
in paragraph (a) of this section must be source material, byproduct material, of potential defects and failures to
reported in accordance with the special nuclear material, and/or spent comply and reporting of defects and
procedures described in §§ 50.73(b), (c), fuel and high-level radioactive waste, or failures to comply under § 50.55(e) of
(d), (e), and (g) of this chapter, and must to construct, manufacture, possess, own, this chapter satisfies each person’s
include the information required by operate, or transfer within the United evaluation, notification, and reporting
paragraph (b) of this section. States, any production or utilization obligation to report defects and failures
Occurrences reported in accordance facility or independent spent fuel to comply under this part and the
with § 50.73 of this chapter need not be storage installation (ISFSI) or monitored responsibility of individual directors
reported by a duplicate report under retrievable storage installation (MRS); and responsible officers of these
paragraph (a) of this section. and each director and responsible licensees to report defects under section
(d) All licensees, other than those officer of such a licensee; 206 of the Energy Reorganization Act of
holding an operating license or a (2) Each individual, corporation, 1974.
combined license for a nuclear power partnership, or other entity doing (c) For persons licensed to operate a
plant, who make reports under business within the United States, and nuclear power plant under part 50 or
paragraph (a) of this section shall each director and responsible officer of part 52 of this chapter, evaluation of
submit the report in writing either by such an organization, that constructs a potential defects and appropriate
mail addressed to the U.S. Nuclear production or utilization facility reporting of defects under §§ 50.72,
Regulatory Commission, ATTN: licensed for manufacture, construction, 50.73, or § 73.71 of this chapter, satisfies
Document Control Desk, Washington, or operation under parts 50 or 52 of this each person’s evaluation, notification,
DC 20555–0001; by hand delivery to the chapter, an ISFSI for the storage of spent and reporting obligation to report
NRC’s offices at 11555 Rockville Pike, fuel licensed under part 72 of this defects under this part, and the
Rockville, Maryland; or, where chapter, an MRS for the storage of spent responsibility of individual directors
practicable, by electronic submission, fuel or high-level radioactive waste and responsible officers of these
for example, Electronic Information under part 72 of this chapter, or a licensees to report defects under section
Exchange, or CD–ROM. Electronic geologic repository for the disposal of 206 of the Energy Reorganization Act of
submissions must be made in a manner high-level radioactive waste under part 1974.
that enables the NRC to receive, read, 60 or 63 of this chapter; or supplies
* * * * *
authenticate, distribute, and archive the basic components for a facility or 45. In § 21.3 the definitions of basic
submission, and process and retrieve it activity licensed, other than for export, component, defect, deviation, and
a single page at a time. Detailed under parts 30, 40, 50, 52, 60, 61, 63, 70, substantial safety hazard are revised to
guidance on making electronic 71, or part 72 of this chapter; read as follows:
submissions can be obtained by visiting (3) Each individual, corporation,
the NRC’s Web site at http:// partnership, or other entity doing § 21.3 Definitions.
www.nrc.gov/site-help/eie.html, by business within the United States, and * * * * *
calling (301) 415–6030, by e-mail to each director and responsible officer of Basic component. (1)(i) When applied
EIE@nrc.gov, or by writing the Office of such an organization, applying for a to nuclear power plants licensed under
Information Services, U.S. Nuclear design certification rule under part 52 of 10 CFR part 50 or part 52 of this
Regulatory Commission, Washington, this chapter; or supplying basic chapter, basic component means a
DC 20555–0001. A copy should be sent components with respect to that design structure, system, or component, or part
to the appropriate NRC Regional Office certification, and each individual, thereof that affects its safety function
listed in appendix D to this part. corporation, partnership, or other entity necessary to assure:
doing business within the United States, (A) The integrity of the reactor coolant
PART 21—REPORTING OF DEFECTS and each director and responsible pressure boundary;
AND NONCOMPLIANCE officer of such an organization, whose (B) The capability to shut down the
application for design certification has reactor and maintain it in a safe-
43. The authority citation for part 21 been granted under part 52 of this shutdown condition; or
continues to read as follows: chapter, or who has supplied or is (C) The capability to prevent or
Authority: Sec. 161, 68 Stat. 948, as supplying basic components with mitigate the consequences of accidents
amended, sec. 234, 83 Stat. 444, as amended, respect to that design certification; which could result in potential offsite
sec. 1701, 106 Stat. 2951, 2953 (42 U.S.C. (4) Each individual, corporation, exposures comparable to those referred
2201, 2282, 2297f); secs. 201, as amended, partnership, or other entity doing
206, 88 Stat. 1242, as amended 1246 (42
to in § 50.34(a)(1), § 50.67(b)(2), or
U.S.C. 5841, 5846); sec. 1704, 112 Stat. 2750 business within the United States, and § 100.11 of this chapter, as applicable.
(44 U.S.C. 3504 note). each director and responsible officer of (ii) Basic components are items
Section 21.2 also issued under secs. 135, such an organization, applying for or designed and manufactured under a
141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 holding a standard design approval quality assurance program complying
U.S.C. 10155, 10161). under part 52 of this chapter; or with appendix B to part 50 of this
44. In § 21.2, paragraphs (a), (b), and supplies basic components with respect chapter, or commercial grade items
(c) are revised to read as follows: to a regulatory approval under part 52 which have successfully completed the
of this chapter; dedication process.
§ 21.2 Scope. (b) For persons licensed to construct (2) When applied to standard design
(a) The regulations in this part apply, a facility under either a construction certifications under subpart C of part 52
except as specifically provided permit issued under § 50.23 of this of this chapter and standard design
approvals under part 52 of this chapter, (4) A condition or circumstance 47. In § 21.21 paragraphs (a)(3)
basic component means the design or involving a basic component that could introductory text, (a)(3)(i), (d)(1)(i),
procurement information approved or to contribute to the exceeding of a safety (d)(1)(ii), and (d)(4)(vi) are revised and
be approved within the scope of the limit, as defined in the technical paragraph (d)(4)(ix) is added to read as
design certification or regulatory specifications of a license for operation follows:
approval for a structure, system, or issued under part 50 or part 52 of this
§ 21.21 Notification of failure to comply or
component, or part thereof, that affects chapter; or
existence of a defect and its evaluation.
its safety function necessary to assure: (5) An error, omission or other
(i) The integrity of the reactor coolant circumstance in a design certification, (a) * * *
(3) Ensure that a director or
pressure boundary; or standard design approval that, on the
responsible officer subject to the
(ii) The capability to shut down the basis of an evaluation, could create a
regulations of this part is informed as
reactor and maintain it in a safe- substantial safety hazard.
soon as practicable, and, in all cases,
shutdown condition; or Deviation means a departure from the
within the 5 working days after
(iii) The capability to prevent or technical requirements included in a
completion of the evaluation described
mitigate the consequences of accidents procurement document, or specified in
in paragraphs (a)(1) or (a)(2) of this
which could result in potential offsite ESP information, a design certification
section if the manufacture, construction
exposures comparable to those referred or standard design approval.
or operation of a facility or activity, a
to in §§ 50.34(a)(1), 50.67(b)(2), or * * * * * basic component supplied for such
100.11 of this chapter, as applicable. Substantial safety hazard means a facility or activity, or the design
(3) When applied to other facilities loss of safety function to the extent that certification or regulatory approval
and other activities licensed under 10 there is a major reduction in the degree under part 52 of this chapter—
CFR parts 30, 40, 50 (other than nuclear of protection provided to public health (i) Fails to comply with the Atomic
power plants), 60, 61, 63, 70, 71, or 72 and safety for any facility or activity Energy Act of 1954, as amended, or any
of this chapter, basic component means licensed or otherwise approved or applicable regulation, order, or license
a structure, system, or component, or regulated by the NRC, other than for of the Commission or standard design
part thereof, that affects their safety export, under parts 30, 40, 50, 52, 60, approval under part 52 of this chapter,
function, that is directly procured by the 61, 63, 70, 71, or 72 of this chapter. relating to a substantial safety hazard, or
licensee of a facility or activity subject * * * * *
to the regulations in this part and in * * * * *
46. Section 21.5 is revised to read as (d)(1) * * *
which a defect or failure to comply with follows: (i) The manufacture, construction or
any applicable regulation in this
operation of a facility or an activity
chapter, order, or license issued by the § 21.5 Communications.
within the United States that is subject
Commission could create a substantial Except where otherwise specified in to the licensing requirements under
safety hazard. this part, written communications and parts 30, 40, 50, 52, 60, 61, 63, 70, 71,
(4) In all cases, basic component reports concerning the regulations in or 72 of this chapter and that is within
includes safety-related design, analysis, this part must be addressed to the NRC’s his or her organization’s responsibility;
inspection, testing, fabrication, Document Control Desk, and sent by or
replacement of parts, or consulting mail to the U.S. Nuclear Regulatory (ii) A basic component that is within
services that are associated with the Commission, Washington, DC 20555– his or her organization’s responsibility
component hardware, design 0001; by hand delivery to the NRC’s and is supplied for a facility or an
certification, design approval, or offices at 11555 Rockville Pike, activity within the United States that is
information in support of an ESP Rockville, Maryland; or, where subject to the licensing, design
application under part 52 of this practicable, by electronic submission, certification, or regulatory approval
chapter, whether these services are for example, Electronic Information requirements under parts 30, 40, 50, 52,
performed by the component supplier or Exchange, or CD–ROM. Electronic 60, 61, 63, 70, 71, or 72 of this chapter.
others. submissions must be made in a manner * * * * *
* * * * * that enables the NRC to receive, read, (4) * * *
Defect means: authenticate, distribute, and archive the (vi) In the case of a basic component
(1) A deviation in a basic component submission, and process and retrieve it which contains a defect or fails to
delivered to a purchaser for use in a a single page at a time. Detailed comply, the number and location of
facility or an activity subject to the guidance on making electronic these components in use at, supplied
regulations in this part if, on the basis submissions can be obtained by visiting for, being supplied for, or may be
of an evaluation, the deviation could the NRC’s Web site at http:// supplied for, manufactured, or being
create a substantial safety hazard; www.nrc.gov/site-help/eie.html, by manufactured for one or more facilities
(2) The installation, use, or operation calling (301) 415–6030, by e-mail to or activities subject to the regulations in
of a basic component containing a EIE@nrc.gov, or by writing the Office of this part.
defect as defined in this section; Information Services, U.S. Nuclear * * * * *
(3) A deviation in a portion of a Regulatory Commission, Washington, (ix) In the case of an early site permit,
facility subject to the early site permit, DC 20555–0001. The guidance the entities to whom an early site permit
construction permit, combined license discusses, among other topics, the was transferred.
or manufacturing licensing formats the NRC can accept, the use of
* * * * *
requirements of part 50 or part 52 of this electronic signatures, and the treatment
48. In § 21.51 paragraph (a)(4) is

chapter, provided the deviation could, of nonpublic information. In the case of added and paragraph (b) is revised to
on the basis of an evaluation, create a a licensee or permit holder, a copy of read as follows:
substantial safety hazard and the the communication must also be sent to
portion of the facility containing the the appropriate Regional Administrator § 21.51 Maintenance and inspection of
deviation has been offered to the at the address specified in appendix D records.
purchaser for acceptance; to part 20 of this chapter. (a) * * *
(4) Applicants for standard design Appendix A also issued under 96 Stat. SSNM licensee and transporter
certification under subpart C of part 52 1051 (31 U.S.C. 9701). personnel who:
of this chapter and others providing a 51. The heading of Part 25 is revised * * * * *
design which is the subject of a design to read as set forth above. (c) Certain regulations in this part
certification, during and following 52. In § 25.35, paragraph (a) is revised apply to licensees holding permits to
Commission adoption of a final design to read as follows: construct a nuclear power plant,
certification rule for that design, shall including a holder of a combined
retain any notifications sent to § 25.35 Classified visits.
license before the date that the
purchasers and affected licensees for a (a) The number of classified visits Commission makes the finding under
minimum of 5 years after the date of the must be held to a minimum. The § 52.103(g) of this chapter, holders of
notification, and retain a record of the licensee, certificate holder, applicant for manufacturing licenses under part 52,
purchasers for 15 years after delivery of a standard design certification under and persons authorized to conduct the
design which is the subject of the design part 52 of this chapter (including an activities under § 50.10(e)(3) of this
certification rule or service associated applicant after the Commission has chapter. Each licensee with a
with the design. adopted a final standard design construction permit, a combined license
(b) Each individual, corporation, certification rule under part 52 of this before the Commission makes the
partnership, dedicating entity, or other chapter), or other facility, or an finding under § 52.103(g) of this
entity subject to the regulations in this applicant for or holder of a standard chapter, a manufacturing license, or
part shall permit the Commission the design approval under part 52 of this person authorized to conduct the
opportunity to inspect records chapter shall determine that the visit is activities under § 50.10(e)(3) of this
pertaining to basic components that necessary and that the purpose of the chapter, with a plant or reactor under
relate to the identification and visit cannot be achieved without access active construction or manufacture,
evaluation of deviations, and the to, or disclosure of, classified shall—
reporting of defects and failures to information. All classified visits require (1) Comply with §§ 26.10, 26.20,
comply, including (but not limited to) advance notification to, and approval of, 26.23, 26.70, and 26.73;
any advice given to purchasers or the organization to be visited. In urgent (2) Implement a chemical testing
licensees on the placement, erection, cases, visit information may be program, including random tests; and
installation, operation, maintenance, furnished by telephone and confirmed (3) Make provisions for employee
modification, or inspection of a basic in writing. assistance programs, imposition of
component. * * * * * sanctions, appeals procedures, the
49. In § 21.61, paragraph (b) is revised protection of information, and
to read as follows: PART 26—FITNESS FOR DUTY recordkeeping.
PROGRAMS * * * * *
§ 21.61 Failure to notify. 55. In § 26.10, paragraph (a) is revised
53. The authority citation for part 26
* * * * * continues to read as follows: to read as follows:
(b) Any NRC licensee (including a
Authority: Secs. 53, 81, 103, 104, 107, 161, § 26.10 General performance objectives.
holder of a permit), applicant for a 68 Stat. 930, 935, 936, 937, 948, as amended,
design certification under part 52 of this * * * * *
sec. 1701, 106 Stat. 2951, 2952, 2953 (42 (a) Provide reasonable assurance that
chapter during the pendency of its U.S.C. 2073, 2111, 2112, 2133, 2134, 2137,
application, applicant for a design nuclear power plant personnel,
2201, 2297f); secs. 201, 202, 206, 88 Stat.
certification after Commission adoption 1242, 1244, 1246, as amended (42 U.S.C.
personnel of a holder of a
of a final design certification rule for 5841, 5842, 5846). manufacturing license, personnel of a
that design, or applicant for or holder of person authorized to conduct activities
54. In § 26.2, the introductory text of under § 50.10(e)(3) of this chapter,
a standard design approval under part paragraph (a), and paragraph (c) are
52 of this chapter subject to the transporter personnel, and personnel of
revised to read as follows: licensees authorized to possess or use
regulations in this part who fail to
provide the notice required by § 21.21, § 26.2 Scope. formula quantities of SSNM, will
or otherwise fails to comply with the (a) The regulations in this part apply perform their tasks in a reliable and
applicable requirements of this part to licensees authorized to operate a trustworthy manner and are not under
shall be subject to a civil penalty as nuclear power reactor, including a the influence of any substance, legal or
provided by Section 234 of the Atomic holder of a combined license after the illegal, or mentally or physically
Energy Act of 1954, as amended. Commission makes the finding under impaired from any cause, which in any
§ 52.103(g) of this chapter, and licensees way adversely affects their ability to
* * * * * safely and competently perform their
who are authorized to possess or use
PART 25—ACCESS AUTHORIZATION formula quantities of SSNM, or to duties;
transport formula quantities of SSNM. * * * * *
50. The authority citation for part 25 Each licensee shall implement a fitness- 56. In Appendix A of part 26,
continues to read as follows: for-duty program which complies with paragraph (1) of section 1.1 of subpart
Authority: Secs. 145, 161, 68 Stat. 942, this part. The provisions of the fitness- A is revised to read as follows:
948, as amended (42 U.S.C. 2165, 2201); sec. for-duty program must apply to all Appendix A to Part 26—Guidelines for
201, 88 Stat. 1242, as amended (42 U.S.C. persons granted unescorted access to Drug and Alcohol Testing Programs
5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. nuclear power plant protected areas, to
3504 note); E.O. 10865, as amended, 3 CFR licensee, vendor, or contractor 1.1 Applicability.
1959–1963 COMP., p. 398 (50 U.S.C. 401, (1) These guidelines apply to licensees
note); E.O. 12829, 3 CFR, 1993 Comp., p. 570;
personnel required to physically report authorized to operate nuclear power reactors,
E.O. 12958, as amended, 3 CFR, 1995 Comp., to a licensee’s Technical Support Center including a holder of a combined license
p. 333 as amended by E.O. 13292, 3 CFR (TSC) or Emergency Operations Facility after the Commission makes the finding
2004 Comp., p. 196; E.O. 12968, 3 CFR, 1995 (EOF) in accordance with licensee under § 52.103(g) of this chapter, and
Comp, p. 396. emergency plans and procedures, and to licensees who are authorized to possess, use,
or transport formula quantities of strategic plant design in all features and size, but utility and lighting systems,
special nuclear material (SSNM). may include additional safety features transmission lines, and sanitary
* * * * * to protect the public and the plant staff sewerage treatment facilities); and
from the possible consequences of (v) The construction of structures,
PART 50—DOMESTIC LICENSING OF accidents during the testing period. systems and components which do not
PRODUCTION AND UTILIZATION * * * * * prevent or mitigate the consequences of
FACILITIES 59. In § 50.10 the introductory text of postulated accidents that could cause
57. 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.
read as follows: (2) No authorization shall be granted
Authority: Secs. 102, 103, 104, 105, 161, unless the staff has completed a final
182, 183, 186, 189, 68 Stat. 936, 937, 938, § 50.10 License required. environmental impact statement on the
948, 953, 954, 955, 956, as amended, sec.
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 A of part 51 of this chapter. An
202, 206, 88 Stat. 1242, as amended, 1244, utilization facility on a site on which authorization shall be granted only after
1246 (42 U.S.C. 5841, 5842, 5846); sec. 1704, the facility is to be operated until either the presiding officer in the proceeding
112 Stat. 2750 (44 U.S.C. 3504 note). a construction permit under this part, or on the construction permit or combined
Section 50.7 also issued under Pub. L. 95– a combined license under subpart C of license application:
601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5841). part 52 of this chapter has been issued. (i) Has made all the findings required
Section 50.10 also issued under secs. 101, As used in this paragraph, the term by §§ 51.104(b), 51.105, and 51.107 of
185, 68 Stat. 955, as amended (42 U.S.C.
‘‘construction’’ includes pouring the this chapter to be made before issuance
2131, 2235); sec. 102, Pub. L. 91–190, 83 Stat.
853 (42 U.S.C. 4332). Sections 50.13, foundation for, or the installation of, of the construction permit, or combined
50.54(dd), and 50.103 also issued under sec. any portion of the permanent facility on license for the facility; and
108, 68 Stat. 939, as amended (42 U.S.C. the site, but does not include: (ii) Has determined that, based upon
2138). Sections 50.23, 50.35, 50.55, and 50.56 * * * * * the available information and review to
also issued under sec. 185, 68 Stat. 955 (42 (c) Notwithstanding the provisions of date, there is reasonable assurance that
U.S.C. 2235). Sections 50.33a, 50.55a and paragraph (b) of this section, and subject the proposed site is a suitable location
appendix Q also issued under sec. 102, Pub. for a reactor of the general size and type
to paragraphs (d) and (e) of this section,
L. 91–190, 83 Stat. 853 (42 U.S.C. 4332). proposed from the standpoint of
Sections 50.34 and 50.54 also issued under no person shall effect commencement of
sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). construction of a production or radiological health and safety
Sections 50.58, 50.91, and 50.92 also issued utilization facility subject to the considerations under the Act and
under Pub. L. 97–415, 96 Stat. 2073 (42 provisions of § 51.20(b) of this chapter regulations issued by the Commission.
U.S.C. 2239). Section 50.78 also issued under on a site on which the facility is to be (3)(i) The Director of Nuclear Reactor
sec. 122, 68 Stat. 939 (42 U.S.C. 2152). operated until an early site permit, Regulation may authorize an applicant
Sections 50.80–50.81 also issued under sec. construction permit, or combined for a construction permit for a
184, 68 Stat. 954, as amended (42 U.S.C. license has been issued. As used in this utilization facility which is subject to
2234). Appendix F also issued under sec. § 51.20(b) of this chapter, and is of the
paragraph, the term ‘‘commencement of
187, 68 Stat. 955 (42 U.S.C. 2237). type specified in §§ 50.21(b)(2) or (3), or
construction’’ means any clearing of
58. In § 50.2, definitions of applicant, land, excavation or other substantial § 50.22 or is a testing facility, or an
license, licensee, and prototype plant, action that would adversely affect the applicant for a combined license to
are added to read as follows: environment of a site, but does not conduct, in addition to the activities
include: described in paragraph (e)(1) of this
§ 50.2 Definitions. section, the installation of structural
* * * * *
* * * * * foundations, including any necessary
(e)(1) The Director of Nuclear Reactor
Applicant means a person or an entity subsurface preparation, for structures,
Regulation may authorize an applicant
applying for a license, permit, or other systems, and components which
for a construction permit for a
form of Commission permission or prevent or mitigate the consequences of
utilization facility which is subject to
approval under this part or part 52 of postulated accidents that could cause
§ 51.20(b) of this chapter, and is of the
this chapter. undue risk to the health and safety of
type specified in §§ 50.21(b)(2) or (3), or
* * * * * § 50.22 or is a testing facility, or an the public.
License means a license, including a applicant for a combined license to (ii) Such an authorization, which may
construction permit or operating license conduct the following activities: be combined with the authorization
under this part, an early site permit, (i) Preparation of the site for described in paragraph (e)(1) of this
combined license or manufacturing construction of the facility (including section, or may be granted at a later
license under part 52 of this chapter, or activities as clearing, grading, time, shall be granted only after the
a renewed license issued by the construction of temporary access roads presiding officer in the proceeding on
Commission under this part, part 52, or and borrow areas); the construction permit or combined
part 54 of this chapter. (ii) Installation of temporary license application has, in addition to
Licensee means a person who is construction support facilities making the findings and determinations
authorized to conduct activities under a (including items such as warehouse and required by paragraph (e)(2) of this
license issued by the Commission. shop facilities, utilities, concrete mixing section, determined that there are no
* * * * * plants, docking and unloading facilities, unresolved safety issues relating to the
Prototype plant means a nuclear and construction support buildings); additional activities that may be
reactor that is used to test design (iii) Excavation for facility structures; authorized under this paragraph that
features, such as the testing required (iv) Construction of service facilities would constitute good cause for
under § 50.43(e). The prototype plant is (including facilities such as roadways, withholding authorization.
similar to a first-of-a-kind or standard paving, railroad spurs, fencing, exterior * * * * *
60. Section 50.23 is revised to read as www.nrc.gov, a copy of the application, (3) If the application is for a combined
follows: subsequent amendments, and other license under subpart C of part 52 of
records pertinent to the matter which is this chapter, the applicant shall submit
§ 50.23 Construction permits.
the subject of the application for public the information described in paragraphs
A construction permit for the inspection and copying. (f)(1) and (f)(2) of this section.
construction of a production or (6) The serving of copies required by (4) Each application for a construction
utilization facility will be issued before this section must not occur until the permit, operating license, or combined
the issuance of a license if the application has been docketed under license submitted by a newly-formed
application is otherwise acceptable, and § 2.101(a) of this chapter. Copies must entity organized for the primary purpose
will be converted upon completion of be submitted to the Commission, as of constructing and/or operating a
the facility and Commission action, into specified in § 50.4 or § 52.3 of this facility must also include information
a license as provided in § 50.56. chapter, as applicable, to enable the showing:
However, if a combined license for a Director, Office of Nuclear Reactor (i) The legal and financial
nuclear power reactor is issued under Regulation, or the Director, Office of relationships it has or proposes to have
part 52 of this chapter, the construction with its stockholders or owners;
Nuclear Material Safety and Safeguards,
permit and operating license are (ii) The stockholders’ or owners’
as appropriate, to determine whether
deemed to be combined in a single financial ability to meet any contractual
the application is sufficiently complete
license. A construction permit for the obligation to the entity which they have
to permit docketing.
alteration of a production or utilization incurred or proposed to incur; and
(b) Oath or affirmation. Each (iii) Any other information considered
facility will be issued before the
application for a standard design necessary by the Commission to enable
issuance of an amendment of a license,
approval or license, including, it to determine the applicant’s financial
if the application for amendment is
whenever appropriate, a construction qualification.
otherwise acceptable, as provided in
permit or early site permit, or (5) The Commission may request an
§ 50.91.
61. In § 50.30, the section heading and amendment of it, and each amendment established entity or newly-formed
paragraphs (a)(1), (a)(3), (a)(5), (a)(6), (b), of each application must be executed in entity to submit additional or more
(e), and (f) are revised to read as follows: a signed original by the applicant or detailed information respecting its
duly authorized officer thereof under financial arrangements and status of
§ 50.30 Filing of application; oath or oath or affirmation. funds if the Commission considers this
affirmation. * * * * * information appropriate. This may
(a) * * * (e) Filing Fees. Each application for a include information regarding a
(1) Each filing of an application for a standard design approval or production licensee’s ability to continue the
standard design approval or license to or utilization facility license, including, conduct of the activities authorized by
construct and/or operate, or whenever appropriate, a construction the license and to decommission the
manufacture, a production or utilization permit or early site permit, other than a facility.
facility (including an early site permit, license exempted from part 170 of this (g) If the application is for an
combined license, and manufacturing chapter, shall be accompanied by the fee operating license or combined license
license under part 52 of this chapter), prescribed in part 170 of this chapter. for a nuclear power reactor, or if the
and any amendments to the No fee will be required to accompany an application is for an early site permit
applications, must be submitted to the application for renewal, amendment, or and contains plans for coping with
U.S. Nuclear Regulatory Commission in termination of a construction permit, emergencies under § 52.17(b)(2)(ii) of
accordance with § 50.4 or § 52.3 of this operating license, combined license, or this chapter, the applicant shall submit
chapter, as applicable. manufacturing license, except as radiological emergency response plans
* * * * * provided in § 170.21 of this chapter. of State and local governmental entities
(3) Each applicant for a construction (f) Environmental report. An in the United States that are wholly or
permit under this part, or an early site application for a construction permit, partially within the plume exposure
permit, combined license, or operating license, early site permit, pathway Emergency Planning Zone
manufacturing license under part 52 of combined license, or manufacturing (EPZ),3 as well as the plans of State
this chapter, shall, upon notification by license for a nuclear power reactor, governments wholly or partially within
the Atomic Safety and Licensing Board testing facility, fuel reprocessing plant, the ingestion pathway EPZ.4 Generally,
appointed to conduct the public hearing or other production or utilization the plume exposure pathway EPZ for
required by the Atomic Energy Act, facility whose construction or operation nuclear power reactors shall consist of
update the application and serve the may be determined by the Commission an area about 10 miles (16 km) in radius
updated copies of the application or to have a significant impact in the and the ingestion pathway EPZ shall
parts of it, eliminating all superseded environment, shall be accompanied by consist of an area about 50 miles (80
information, together with an index of an Environmental Report required km) in radius. The exact size and
the updated application, as directed by under subpart A of part 51 of this configuration of the EPZs surrounding a
the Atomic Safety and Licensing Board. chapter. particular nuclear power reactor shall be
Any subsequent amendment to the 62. In § 50.33, paragraphs (f)(3) and determined in relation to the local
application must be served on those (f)(4) are redesignated as (f)(4)and (f)(5),
served copies of the application and respectively, and are revised, a new
3 Emergency Planning Zones (EPZs) are discussed
must be submitted to the U.S. Nuclear in NUREG–0396, EPA 520/1–78–016, ‘‘Planning

paragraph (f)(3) is added, and Basis for the Development of State and Local
Regulatory Commission as specified in paragraphs (g) and (k)(1) are revised to
Government Radiological Emergency Response

§ 50.4 or § 52.3 of this chapter, as read as follows: Plans in Support of Light-Water Nuclear Power
applicable. Plants,’’ December 1978.
4 If the State and local emergency response plans
* * * * * § 50.33 Contents of applications; general
information. have been previously provided to the NRC for
(5) At the time of filing an inclusion in the facility docket, the applicant need
application, the Commission will make * * * * * only provide the appropriate reference to meet this
available at the NRC Web site, http:// (f) * * * requirement.
emergency response needs and shall include information that describes information contained in the applicant’s
capabilities as they are affected by such the facility, presents the design bases safeguards contingency plan. (The first
conditions as demography, topography, and the limits on its operation, and four categories of information as set
land characteristics, access routes, and presents a safety analysis of the forth in appendix C to 10 CFR part 73
jurisdictional boundaries. The size of structures, systems, and components of this chapter are Background, Generic
the EPZs also may be determined on a and of the facility as a whole, and shall Planning Base, Licensee Planning Base,
case-by-case basis for gas-cooled include the following: and Responsibility Matrix. The fifth
reactors and for reactors with an * * * * * category of information, Procedures,
authorized power level less than 250 (10) On or after January 10, 1997, does not have to be submitted for
MW thermal. The plans for the ingestion stationary power reactor applicants who approval.) 9
pathway shall focus on such actions as apply for an operating license, as partial (e) Protection against unauthorized
are appropriate to protect the food conformance to General Design disclosure. Each applicant for an
ingestion pathway. Criterion 2 of appendix A to this part, operating license for a production or
* * * * * shall comply with the earthquake utilization facility, who prepares a
(k)(1) For an application for an engineering criteria of appendix S to physical security plan, a safeguards
operating license or combined license this part. However, for those operating contingency plan, or a guard
for a production or utilization facility, license applicants and holders whose qualification and training plan, shall
information in the form of a report, as construction permit was issued before protect the plans and other related
described in § 50.75, indicating how January 10, 1997, the earthquake safeguards information against
reasonable assurance will be provided engineering criteria in section VI of unauthorized disclosure in accordance
that funds will be available to appendix A to part 100 of this chapter with the requirements of § 73.21 of this
decommission the facility. continues to apply. chapter, as appropriate.
(11) On or after January 10, 1997, (f) Additional TMI-related
* * * * *
stationary power reactor applicants who requirements. In addition to the
63. In § 50.34, the section heading, the
apply for an operating license, shall requirements of paragraph (a) of this
introductory text of paragraph (a)(1),
provide a description and safety section, each applicant for a light-water-
paragraphs (a)(1)(ii)(E) and (a)(12), the
assessment of the site and of the facility reactor construction permit or
introductory text of paragraph (b),
as in § 50.34(a)(1)(ii). However, for manufacturing license whose
paragraphs (b)(10) and (b)(11), and
either an operating license applicant or application was pending as of February
paragraphs (c), (d), and (e), the
holder whose construction permit was 16, 1982, shall meet the requirements in
introductory text of paragraphs (f)
issued before January 10, 1997, the paragraphs (f)(1) through (3) of this
and(f)(1), and paragraphs (g), and
reactor site criteria in part 100 of this section. This regulation applies to the
(h)(1)(ii) are revised to read as follows:
chapter and the seismic and geologic pending applications by Duke Power
§ 50.34 Contents of construction permit siting criteria in appendix A to part 100 Company (Perkins Nuclear Station Units
and operating license applications; of this chapter continues to apply. 1, 2, and 3), Houston Lighting & Power
technical information. Company (Allens Creek Nuclear
(c) Physical security plan. Each
(a) * * * application for an operating license for Generating Station, Unit 1), Portland
(1) Stationary power reactor a production or utilization facility must General Electric Company (Pebble
applicants for a construction permit include a physical security plan. The Springs Nuclear Plant, Units 1 and 2),
who apply on or after January 10, 1997, plan must describe how the applicant Public Service Company of Oklahoma
shall comply with paragraph (a)(1)(ii) of will meet the requirements of part 73 of (Black Fox Station, Units 1 and 2), Puget
this section. All other applicants for a this chapter (and part 11 of this chapter, Sound Power & Light Company (Skagit/
construction permit shall comply with if applicable, including the Hanford Nuclear Power Project, Units 1
paragraph (a)(1)(i) of this section. identification and description of jobs as and 2), and Offshore Power Systems
* * * * * required by § 11.11(a) of this chapter, at (License to Manufacture Floating
(ii) * * * the proposed facility). The plan must Nuclear Plants). The number of units
(E) With respect to operation at the list tests, inspections, audits, and other that will be specified in the
projected initial power level, the means to be used to demonstrate manufacturing license above, if issued,
applicant is required to submit compliance with the requirements of 10 will be that number whose start of
information prescribed in paragraphs CFR parts 11 and 73, if applicable. manufacture, as defined in the license
(a)(2) through (a)(8) of this section, as (d) Safeguards contingency plan. Each application, can practically begin within
well as the information required by application for an operating license for a 10-year period commencing on the
paragraph (a)(1)(i) of this section, in a production or utilization facility that date of issuance of the manufacturing
support of the application for a will be subject to §§ 73.50, 73.55, or license, but in no event will that
construction permit. § 73.60 of this chapter, must include a number be in excess of ten. The
* * * * * licensee safeguards contingency plan in manufacturing license will require the
(12) On or after January 10, 1997, accordance with the criteria set forth in plant design to be updated no later than
stationary power reactor applicants who appendix C to 10 CFR part 73. The 5 years after its approval. Paragraphs
apply for a construction permit, as safeguards contingency plan shall (f)(1)(xii), (2)(ix), and (3)(v) of this
partial conformance to General Design include plans for dealing with threats, section, pertaining to hydrogen control
Criterion 2 of appendix A to this part, thefts, and radiological sabotage, as measures, must be met by all applicants
shall comply with the earthquake defined in part 73 of this chapter, covered by this regulation. However, the
engineering criteria in appendix S to relating to the special nuclear material Commission may decide to impose
this part. and nuclear facilities licensed under additional requirements and the issue of
(b) Final safety analysis report. Each this chapter and in the applicant’s 9 A physical security plan that contains all the
application for an operating license possession and control. Each information required in both § 73.55 and appendix
shall include a final safety analysis application for such a license shall C to part 73 of this chapter satisfies the requirement
report. The final safety analysis report include the first four categories of for a contingency plan.
whether compliance with these reactor operations, including expected (d) Each application for a combined
provisions, together with 10 CFR 50.44 operational occurrences. In the case of license under part 52 of this chapter
and criterion 50 of appendix A to 10 an application filed on or after January shall include:
CFR part 50, is sufficient for issuance of 2, 1971, the application shall also (1) A description of the equipment
that manufacturing license which may identify the design objectives, and the and procedures for the control of
be considered in the manufacturing means to be employed, for keeping gaseous and liquid effluents and for the
license proceeding. In addition, each levels of radioactive material in maintenance and use of equipment
applicant for a design certification, effluents to unrestricted areas as low as installed in radioactive waste systems,
design approval, combined license, or is reasonably achievable. The term ‘‘as under paragraph (a) of this section; and
manufacturing license under part 52 of low as is reasonably achievable’’ as used (2) An estimate of the information
this chapter shall demonstrate in this part means as low as is required in paragraph (b)(2) of this
compliance with the technically reasonably achievable taking into section.
relevant portions of the requirements in account the state of technology, and the (e) Each application for a design
paragraphs (f)(1) through (3) of this economics of improvements in relation approval, a design certification, or a
section. to benefits to the public health and manufacturing license under part 52 of
(1) To satisfy the following safety and other societal and this chapter shall include:
requirements, the application shall socioeconomic considerations, and in (1) A description of the equipment for
provide sufficient information to relation to the use of atomic energy in the control of gaseous and liquid
describe the nature of the studies, how the public interest. The guides set out in effluents and for the maintenance and
they are to be conducted, estimated appendix I to this part provide use of equipment installed in
submittal dates, and a program to ensure numerical guidance on design objectives radioactive waste systems, under
that the results of these studies are for light-water-cooled nuclear power paragraph (a) of this section; and
factored into the final design of the reactors to meet the requirements that (2) An estimate of the information
facility. For licensees identified in the radioactive material in effluents required in paragraph (b)(2) of this
introduction to paragraph (f) of this released to unrestricted areas be kept as section.
section, all studies must be completed low as is reasonably achievable. These 65. In § 50.36, current paragraphs (c),
no later than 2 years following the numerical guides for design objectives (d), and (e) are redesignated as
issuance of the construction permit or and limiting conditions for operation paragraphs (d), (e), and (f), respectively,
manufacturing license.10 For all other are not to be construed as radiation and a new paragraph (c) is added to read
applicants, the studies must be protection standards. as follows:
submitted as part of the final safety
(b) Each application for a construction § 50.36 Technical specifications.
analysis report.
permit shall include: * * * * *
* * * * *
(g) Combustible gas control. All (1) A description of the preliminary (c) Each applicant for a design
applicants for a reactor construction design of equipment to be installed certification under part 52 of this
permit or operating license whose under paragraph (a) of this section; chapter shall include in its application
application is submitted after October (2) An estimate of: proposed generic technical
16, 2003, shall include the analyses, and (i) The quantity of each of the specifications in accordance with the
the descriptions of the equipment and principal radionuclides expected to be requirements of this section for the
systems required by § 50.44 as a part of released annually to unrestricted areas portion of the plant that is within the
their application. in liquid effluents produced during scope of the design certification
(h) * * * normal reactor operations; and application.
(1) * * * (ii) The quantity of each of the * * * * *
(ii) Applications for light-water- principal radionuclides of the gases, 66. In § 50.36a, the introductory text
cooled nuclear power plant construction halides, and particulates expected to be of paragraph (a) is revised to read as
permits docketed after May 17, 1982, released annually to unrestricted areas follows:
shall include an evaluation of the in gaseous effluents produced during
facility against the SRP in effect on May normal reactor operations. § 50.36a Technical specifications on
17, 1982, or the SRP revision in effect effluents from nuclear power reactors.
(3) A general description of the
six months before the docket date of the provisions for packaging, storage, and (a) To keep releases of radioactive
application, whichever is later. shipment offsite of solid waste materials to unrestricted areas during
* * * * * containing radioactive materials normal conditions, including expected
64. Section 50.34a is revised to read resulting from treatment of gaseous and occurrences, as low as is reasonably
as follows: liquid effluents and from other sources. achievable, each licensee of a nuclear
power reactor and each applicant for a
§ 50.34a Design objectives for equipment (c) Each application for an operating design certification will include
to control releases of radioactive material in license shall include: technical specifications that, in addition
effluents—nuclear power reactors. (1) A description of the equipment to requiring compliance with applicable
(a) An application for a construction and procedures for the control of provisions of § 20.1301 of this chapter,
permit shall include a description of the gaseous and liquid effluents and for the require that:
preliminary design of equipment to be maintenance and use of equipment
* * * * *
installed to maintain control over installed in radioactive waste systems,
radioactive materials in gaseous and under paragraph (a) of this section; and
follows:
liquid effluents produced during normal (2) A revised estimate of the
information required in paragraph (b)(2) § 50.37 Agreement limiting access to
10 Alphanumeric designations correspond to the of this section if the expected releases Classified Information.
related action plan items in NUREG 0718 and
NUREG 0660, ‘‘NRC Action Plan Developed as a
and exposures differ significantly from As part of its application and in any
Result of the TMI–2 Accident.’’ They are provided the estimates submitted in the event before the receipt of Restricted
herein for information only. application for a construction permit. Data or classified National Security
Information or the issuance of a license, (d) Any applicable requirements of may impose additional requirements on
construction permit, early site permit, or subpart A of 10 CFR part 51 have been siting, safety features, or operational
standard design approval, or before the satisfied. conditions for the prototype plant to
Commission has adopted a final 70. In § 50.43, the section heading, the protect the public and the plant staff
standard design certification rule under introductory paragraph, and paragraph from the possible consequences of
part 52, the applicant shall agree in (d) are revised, and paragraph (e) is accidents during the testing period.
writing that it will not permit any added to read as follows: 71. Section 50.45 is revised to read as
individual to have access to any facility follows:
§ 50.43 Additional standards and
to possess Restricted Data or classified provisions affecting class 103 licenses and
National Security Information until the § 50.45 Standards for construction
certifications for commercial power. permits, operating licenses, and combined
individual and/or facility has been In addition to applying the standards licenses.
approved for access under the set forth in §§ 50.40 and 50.42,
provisions of 10 CFR parts 25 and/or 95. (a) An applicant for an operating
paragraphs (a) through (e) of this section license or an amendment of an
The agreement of the applicant becomes apply in the case of a class 103 license
part of the license, or construction operating license who proposes to
for a facility for the generation of construct or alter a production or
permit, or standard design approval. commercial power. For a design utilization facility will be initially
68. The undesignated center heading certification under part 52 of this granted a construction permit if the
before § 50.40 is revised as follows: chapter, only paragraph (e) of this application is in conformity with and
Standards for Licenses, Certifications, section applies. acceptable under the criteria of §§ 50.31
and Regulatory Approvals * * * * * through 50.38, and the standards of
(d) Nothing shall preclude any §§ 50.40 through 50.43, as applicable.
69. Section 50.40 is revised to read as government agency, now or hereafter (b) An applicant for a combined
follows: authorized by law to engage in the license or an amendment of a combined
§ 50.40 Common standards.
production, marketing, or distribution of license under part 52 of this chapter
electric energy, if otherwise qualified, who proposes to construct a utilization
In determining that a construction from obtaining a construction permit or facility will be granted the combined
permit or operating license in this part, operating license under this part, or a license or amendment if the application
or early site permit, combined license, combined license under part 52 of this is in conformity with and acceptable
or manufacturing license in part 52 of chapter for a utilization facility for the under the criteria of §§ 50.31 through
this chapter will be issued to an primary purpose of producing electric 50.38, and the standards of §§ 50.40
applicant, the Commission will be energy for disposition for ultimate through 50.43, as applicable.
guided by the following considerations: public consumption. (c) A holder of a combined license
(a) Except for an early site permit or (e) Applications for a design who proposes, after the Commission
manufacturing license, the processes to certification, combined license, makes the finding under § 52.103(g) of
be performed, the operating procedures, manufacturing license, or operating this chapter, to alter the licensed facility
the facility and equipment, the use of license that propose nuclear reactor will be initially granted either a
the facility, and other technical designs which differ significantly from construction permit or combined license
specifications, or the proposals, in light-water reactor designs that were if the application is in conformity with
regard to any of the foregoing licensed before 1997, or use simplified, and acceptable under the criteria of
collectively provide reasonable inherent, passive, or other innovative §§ 50.31 through 50.38, and the
assurance that the applicant will means to accomplish their safety standards of §§ 50.40 through 50.43, as
comply with the regulations in this functions, will be approved only if: applicable.
chapter, including the regulations in (1)(i) The performance of each safety 72. In § 50.46, paragraph (a)(3) is
part 20 of this chapter, and that the feature of the design has been revised to read as follows:
health and safety of the public will not demonstrated through either analysis,
appropriate test programs, experience, § 50.46 Acceptance criteria for emergency
be endangered. core cooling systems for light-water nuclear
or a combination thereof;
(b) The applicant for a construction (ii) Interdependent effects among the power reactors.
permit, operating license, combined safety features of the design are (a) * * *
license, or manufacturing license is acceptable, as demonstrated by analysis, (3)(i) Each applicant for or holder of
technically and financially qualified to appropriate test programs, experience, an operating license or construction
engage in the proposed activities in or a combination thereof; and permit issued under this part, applicant
accordance with the regulations in this (iii) Sufficient data exist on the safety for a standard design certification under
chapter. However, no consideration of features of the design to assess the part 52 of this chapter (including an
financial qualification is necessary for analytical tools used for safety analyses applicant after the Commission has
an electric utility applicant for an over a sufficient range of normal adopted a final design certification
operating license for a utilization operating conditions, transient regulation), or an applicant for or holder
facility of the type described in conditions, and specified accident of a standard design approval, a
§ 50.21(b) or § 50.22 or for an applicant sequences, including equilibrium core combined license or a manufacturing
for a manufacturing license. conditions; or license issued under part 52 of this
(c) The issuance of a construction (2) There has been acceptable testing chapter, shall estimate the effect of any
permit, operating license, early site of a prototype plant over a sufficient change to or error in an acceptable
permit, combined license, or range of normal operating conditions, evaluation model or in the application
manufacturing license to the applicant transient conditions, and specified of such a model to determine if the
will not, in the opinion of the accident sequences, including change or error is significant. For this
Commission, be inimical to the common equilibrium core conditions. If a purpose, a significant change or error is
defense and security or to the health prototype plant is used to comply with one which results in a calculated peak
and safety of the public. the testing requirements, then the NRC fuel cladding temperature different by
more than 50 °F from the temperature action as may be needed to show of this section results wholly or
calculated for the limiting transient compliance with § 50.46 requirements. substantially from the decision of state
using the last acceptable model, or is a The affected applicant or holder shall and/or local governments not to
cumulation of changes and errors such propose immediate steps to demonstrate participate further in emergency
that the sum of the absolute magnitudes compliance or bring plant design into planning, or if an applicant cannot
of the respective temperature changes is compliance with § 50.46 requirements. obtain the certifications required by
greater than 50 °F. * * * * * § 52.79(a)(22) of this chapter, an
(ii) For each change to or error 73. In § 50.47, paragraph (a)(1), the operating license or combined license
discovered in an acceptable evaluation introductory text of paragraph (c)(1), may be issued if the applicant
model or in the application of such a paragraphs (c)(1)(i) and (c)(1)(iii)(B) are demonstrates to the Commission’s
model that affects the temperature revised, and paragraph (e) is added to satisfaction that:
calculation, the applicant or holder of a read as follows: (i) The applicant’s inability to comply
construction permit, operating license, with the requirements of paragraph (b)
combined license, or manufacturing § 50.47 Emergency plans. of this section or § 52.79(a)(22) of this
license shall report the nature of the (a)(1)(i) Except as provided in chapter is wholly or substantially the
change or error and its estimated effect paragraph (d) of this section, no initial result of the non-participation of state
on the limiting ECCS analysis to the operating license for a nuclear power and/or local governments.
Commission at least annually as reactor will be issued unless a finding * * * * *
specified in § 50.4 or § 52.3 of this is made by the NRC that there is (iii) * * *
chapter, as applicable. If the change or reasonable assurance that adequate (B) The utility’s measures designed to
error is significant, the applicant or protective measures can and will be compensate for any deficiencies
licensee shall provide this report within taken in the event of a radiological resulting from State and/or local non-
30 days and include with the report a emergency. No finding under this participation. In making its
proposed schedule for providing a section is necessary for issuance of a determination on the adequacy of a
reanalysis or taking other action as may renewed nuclear power reactor utility plan, the NRC will recognize the
be needed to show compliance with operating license. reality that in an actual emergency,
§ 50.46 requirements. This schedule (ii) Except as provided in paragraph State and local government officials will
may be developed using an integrated (e) of this section, no initial combined exercise their best efforts to protect the
scheduling system previously approved license under part 52 of this chapter
for the facility by the NRC. For those health and safety of the public. The NRC
will be issued unless a finding is made will determine the adequacy of that
facilities not using an NRC approved by the NRC that there is reasonable
integrated scheduling system, a expected response, in combination with
assurance that adequate protective the utility’s compensating measures, on
schedule will be established by the NRC measures can and will be taken in the
staff within 60 days of receipt of the a case-by-case basis, subject to the
event of a radiological emergency. No following guidance. In addressing the
proposed schedule. Any change or error finding under this section is necessary
correction that results in a calculated circumstance where applicant’s
for issuance of a renewed combined inability to comply with the
ECCS performance that does not license.
conform to the criteria set forth in requirements of paragraph (b) of this
(iii) For emergency plans submitted section or § 52.79(a)(22) of this chapter,
paragraph (b) of this section is a by an applicant under 10 CFR
reportable event as described in is wholly or substantially the result of
52.17(b)(2)(ii), no early site permit non-participation of state and/or local
§§ 50.55(e), 50.72, and 50.73. The
under subpart A of part 52 of this governments, it may be presumed that
affected applicant or licensee shall
chapter will be issued unless a finding in the event of an actual radiological
propose immediate steps to demonstrate
is made by the NRC that the emergency emergency State and local officials
compliance or bring plant design or
plans provide reasonable assurance that would generally follow the utility plan.
operation into compliance with § 50.46
adequate protective measures can and However, this presumption may be
requirements.
(iii) For each change to or error will be taken in the event of a rebutted by, for example, a good faith
discovered in an acceptable evaluation radiological emergency. No finding and timely proffer of an adequate and
model or in the application of such a under this section is necessary for feasible State and/or local radiological
model that affects the temperature issuance of a renewed early site permit. emergency plan that would in fact be
calculation, the applicant or holder of a * * * * * relied upon in a radiological emergency.
standard design approval or the (c)(1) Failure to meet the applicable * * * * *
applicant for a standard design standards set forth in paragraph (b) of (e) Notwithstanding the requirements
certification (including an applicant this section may result in the of paragraphs (a) and (b) of this section
after the Commission has adopted a Commission declining to issue an and the provisions of § 52.103 of this
final design certification rule) shall operating license or combined license. chapter, a holder of a combined license
report the nature of the change or error However, the applicant will have an under part 52 of this chapter may not
and its estimated effect on the limiting opportunity to demonstrate to the load fuel or operate except as provided
ECCS analysis to the Commission and to satisfaction of the Commission that in accordance with appendix E to part
any applicant or licensee referencing the deficiencies in the plans are not 50 and § 50.54(gg).
design approval or design certification significant for the plant in question, that 74. In § 50.48, the introductory text of
at least annually as specified in § 52.3 adequate interim compensating actions paragraph (a)(1) is revised to read as
of this chapter. If the change or error is have been or will be taken promptly, or follows:
significant, the applicant or holder of that there are other compelling reasons
the design approval or the applicant for to permit plant operations. Where an § 50.48 Fire protection.
the design certification shall provide applicant for an operating license or (a)(1) Each holder of an operating
this report within 30 days and include combined license asserts that its license issued under this part or a
with the report a proposed schedule for inability to demonstrate compliance combined license issued under part 52
providing a reanalysis or taking other with the requirements of paragraph (b) of this chapter must have a fire
protection plan that satisfies Criterion 3 of § 50.59, the licensee may not, except (vi) Arrangements are made for
of appendix A to this part. This fire as specifically authorized by the medical services for contaminated and
protection plan must: Commission decrease the scope of an injured onsite individuals.
* * * * * approved operator requalification (vii) Radiological emergency response
75. In § 50.49, paragraph (a) is revised program. training has been made available to
to read as follows: * * * * * those offsite who may be called to assist
§ 50.49 Environmental qualification of (o) Primary reactor containments for in an emergency onsite.
electric equipment important to safety for water cooled power reactors, other than (2) The condition in this paragraph,
nuclear power plants. facilities for which the certifications regarding operation at up to 5 percent
(a) Each holder of or an applicant for required under §§ 50.82(a)(1) or power, ceases to apply 30 days after
an operating license issued under this 52.110(a)(1) of this chapter have been FEMA informs the NRC that the offsite
part, or a combined license or submitted, shall be subject to the deficiencies have been corrected, unless
manufacturing license issued under part requirements set forth in appendix J to the NRC notifies the combined license
52 of this chapter, other than a nuclear this part. holder before the expiration of the 30-
power plant for which the certifications * * * * * day period that the Commission finds
required under § 50.82(a)(1) have been (gg)(1) Notwithstanding 10 CFR under paragraphs (s)(2) and (3) of this
submitted, shall establish a program for 52.103, if, following the conduct of the section that the state of emergency
qualifying the electric equipment exercise required by paragraph IV.f.2.a preparedness does not provide
defined in paragraph (b) of this section. of appendix E to part 50 of this chapter, reasonable assurance that adequate
For a manufacturing license, only FEMA identifies one or more protective measures can and will be
electric equipment defined in paragraph deficiencies in the state of offsite taken in the event of a radiological
(b) which is within the scope of the emergency preparedness, the holder of a emergency.
manufactured reactor must be included combined license under 10 CFR 52 may 77. In § 50.55, the heading, the
in the program. operate at up to 5 percent of rated introductory text and paragraphs (a), (b),
* * * * * thermal power only if the Commission (c), and (e) are revised, and a new
76. In § 50.54, the introductory text, finds that the state of onsite emergency paragraph (f)(4) is added to read as
and paragraphs (a)(1), (i–1), and (o) are preparedness provides reasonable follows:
revised and paragraph (gg) is added to assurance that adequate protective
read as follows: measures can and will be taken in the § 50.55 Conditions of construction
permits, early site permits, combined
§ 50.54 Conditions of licenses.
event of a radiological emergency. The
licenses, and manufacturing licenses.
NRC will base this finding on its
The following paragraphs with the Each construction permit is subject to
assessment of the applicant’s onsite
exception of paragraphs (r) and (gg) of the following terms and conditions;
emergency plans against the pertinent
this section are conditions in every each early site permit is subject to the
standards in § 50.47 and appendix E to
operating license issued under this part, terms and conditions in paragraph (f) of
this part. Review of the applicant’s
and the following paragraphs with the this section; each manufacturing license
emergency plans will include the
exception of paragraph (s) of this section is subject to the terms and conditions in
following standards with offsite aspects:
are conditions in every combined paragraphs (e) and (f) of this section;
license issued under part 52 of this (i) Arrangements for requesting and
effectively using offsite assistance onsite and each combined license is subject to
chapter. the terms and conditions in paragraphs
(a)(1) Each nuclear power plant or have been made, arrangements to
accommodate State and local staff at the (a), (b), (c), (e) and (f) of this section
fuel reprocessing plant licensee subject until the date that the Commission
to the quality assurance criteria in licensee’s near-site Emergency
Operations Facility have been made, makes the finding under § 52.103(g) of
appendix B of this part shall implement, this chapter:
under § 50.34(b)(6)(ii) of this part or and other organizations capable of
§ 52.79 of this chapter, the quality augmenting the planned onsite response (a) The construction permit and
assurance program described or have been identified. combined license shall state the earliest
referenced in the safety analysis report, (ii) Procedures have been established and latest dates for completion of the
including changes to that report. for licensee communications with State construction or modification.
However, a holder of a combined and local response organizations, (b) If the proposed construction or
license under part 52 of this chapter including initial notification of the modification of the facility is not
shall implement the quality assurance declaration of emergency and periodic completed by the latest completion date,
program described or referenced in the provision of plant and response status the permit or license expires and all
safety analysis report applicable to reports. rights are forfeited. However, upon good
operation 30 days prior to the scheduled (iii) Provisions exist for prompt cause shown, the Commission will
date for the initial loading of fuel. communications among principal extend the completion date for a
* * * * * response organizations to offsite reasonable period of time. The
(i–1) Within three (3) months after emergency personnel who would be Commission will recognize, among
either the issuance of an operating responding onsite. other things, developmental problems
license or the date that the Commission (iv) Adequate emergency facilities and attributable to the experimental nature
makes the finding under § 52.103(g) of equipment to support the emergency of the facility or fire, flood, explosion,
this chapter for a combined license, as response onsite are provided and strike, sabotage, domestic violence,
applicable, the licensee shall have in maintained. enemy action, an act of the elements,
effect an operator requalification (v) Adequate methods, systems, and and other acts beyond the control of the
program. The operator requalification equipment for assessing and monitoring permit holder, as a basis for extending
program must, as a minimum, meet the actual or potential offsite consequences the completion date.
requirements of § 55.59(c) of this of a radiological emergency condition (c) Except as modified by this section
chapter. Notwithstanding the provisions are in use onsite. and § 50.55a, the construction permit or
combined license is subject to the same (iii) Ensure that a director or assurance program through a director or
conditions to which a license is subject. responsible officer of the holder of a responsible officer or designated person
* * * * * facility construction permit subject to as discussed in paragraph (e)(10) of this
(e)(1) Definitions. For purposes of this this part, combined license (until the section.
paragraph, the definitions in § 21.3 of Commission makes the finding under 10 (iv) A dedicating entity is responsible
this chapter apply. CFR 52.103(g)), and manufacturing for identifying and evaluating
(2) Posting requirements. (i) Each license under 10 CFR part 52 is deviations and reporting defects and
individual, partnership, corporation, informed as soon as practicable, and, in failures to comply associated with
dedicating entity, or other entity subject all cases, within the 5 working days substantial safety hazards for dedicated
to the regulations in this part shall post after completion of the evaluation items; and maintaining auditable
current copies of the regulations in this described in paragraph (e)(3)(i) or records for the dedication process.
part; Section 206 of the Energy (e)(3)(ii) of this section, if the (v) The notification requirements of
Reorganization Act of 1974 (ERA); and construction or manufacture of a facility this paragraph apply to all defects and
procedures adopted under the or activity, or a basic component failures to comply associated with a
regulations in this part. These supplied for such facility or activity— substantial safety hazard regardless of
documents must be posted in a (A) Fails to comply with the AEA, as whether extensive evaluation, redesign,
conspicuous position on any premises amended, or any applicable regulation, or repair is required to conform to the
within the United States where the order, or license of the Commission, criteria and bases stated in the safety
activities subject to this part are relating to a substantial safety hazard; analysis report, construction permit, or
conducted. (B) Contains a defect; or manufacturing license. Evaluation of
(ii) If posting of the regulations in this (C) Undergoes any significant potential defects and failures to comply
part or the procedures adopted under breakdown in any portion of the quality and reporting of defects and failures to
the regulations in this part is not assurance program conducted under the comply under this section satisfies the
practicable, the licensee or firm subject requirements of appendix B to 10 CFR construction permit holder’s, combined
to the regulations in this part may, in part 50 which could have produced a license holder’s, and manufacturing
addition to posting Section 206 of the defect in a basic component. These license holder’s evaluation and
ERA, post a notice which describes the breakdowns in the quality assurance notification obligations under part 21 of
regulations/procedures, including the program are reportable whether or not this chapter, and satisfies the
name of the individual to whom reports the breakdown actually resulted in a responsibility of individual directors or
may be made, and states where the defect in a design approved and responsible officers of holders of
regulation, procedures, and reports may released for construction, installation, or construction permits issued under
be examined. manufacture. § 50.23, holders of combined licenses
(3) Procedures. Each individual, (4) Notification. (i) The holder of a (until the Commission makes the
corporation, partnership, or other entity facility construction permit subject to finding under § 52.103 of this chapter),
holding a facility construction permit this part, combined license (until the and holders of manufacturing licenses
subject to this part, combined license Commission makes the finding under to report defects, and failures to comply
(until the Commission makes the § 10 CFR 52.103(g)), and manufacturing associated with substantial safety
finding under 10 CFR 52.103(g)), and license who obtains information hazards under Section 206 of the ERA.
manufacturing license under 10 CFR reasonably indicating that the facility The director or responsible officer may
part 52 must adopt appropriate fails to comply with the AEA, as authorize an individual to provide the
procedures to— amended, or any applicable regulation, notification required by this section,
(i) Evaluate deviations and failures to order, or license of the Commission provided that this must not relieve the
comply to identify defects and failures relating to a substantial safety hazard director or responsible officer of his or
to comply associated with substantial must notify the Commission of the her responsibility under this section.
safety hazards as soon as practicable, failure to comply through a director or (5) Notification—timing and where
and, except as provided in paragraph responsible officer or designated person sent. The notification required by
(e)(3)(ii) of this section, in all cases as discussed in paragraph (e)(10) of this paragraph (e)(4) of this section must
within 60 days of discovery, to identify section. consist of—
a reportable defect or failure to comply (ii) The holder of a facility (i) Initial notification by facsimile,
that could create a substantial safety construction permit subject to this part which is the preferred method of
hazard, were it to remain uncorrected. or combined license who obtains notification, to the NRC Operations
(ii) Ensure that if an evaluation of an information reasonably indicating the Center at (301) 816–5151 or by
identified deviation or failure to comply existence of any defect found in the telephone at (301) 816–5100 within 2
potentially associated with a substantial construction or any defect found in the days following receipt of information by
safety hazard cannot be completed final design of a facility as approved and the director or responsible corporate
within 60 days from discovery of the released for construction must notify the officer under paragraph (e)(3)(iii) of this
deviation or failure to comply, an Commission of the defect through a section, on the identification of a defect
interim report is prepared and director or responsible officer or or a failure to comply. Verification that
submitted to the Commission through a designated person as discussed in the facsimile has been received should
director or responsible officer or paragraph (e)(10) of this section. be made by calling the NRC Operations
designated person as discussed in (iii) The holder of a facility Center. This paragraph does not apply
paragraph (e)(10) of this section. The construction permit subject to this part to interim reports described in
interim report should describe the or combined license, who obtains paragraph (e)(3)(ii) of this section.
deviation or failure to comply that it is information reasonably indicating that (ii) Written notification submitted to
being evaluated and should also state the quality assurance program has the Document Control Desk, U.S.
when the evaluation will be completed. undergone any significant breakdown Nuclear Regulatory Commission, by an
This interim report must be submitted discussed in paragraph (e)(3)(ii)(C) of appropriate method listed in § 50.4,
in writing within 60 days of discovery this section must notify the Commission with a copy to the appropriate Regional
of the deviation or failure to comply. of the breakdown in the quality Administrator at the address specified
in appendix D to part 20 of this chapter satisfied when the defect or failure to implement the quality assurance
and a copy to the appropriate NRC comply associated with a substantial program for design and construction
resident inspector within 30 days safety hazard has been previously described or referenced in the safety
following receipt of information by the reported under part 21 of this chapter, analysis report, including changes to
director or responsible corporate officer under § 73.71 of this chapter, or under that report, provided, however, that the
under paragraph (e)(3)(iii) of this §§ 50.55(e) or 50.73. For holders of holder of a combined license is not
section, on the identification of a defect construction permits issued before subject to the terms and conditions in
or failure to comply. October 29, 1991, evaluation, reporting this paragraph after the Commission
(6) Content of notification. The and recordkeeping requirements of makes the finding under § 52.103(g) of
written notification required by § 50.55(e) may be met by complying this chapter.
paragraph (e)(9)(ii) of this section must with the comparable requirements of (i) Each holder described in paragraph
clearly indicate that the written part 21 of this chapter. (f)(4) of this section may make a change
notification is being submitted under (9) Records retention. The holder of a to a previously accepted quality
§ 50.55(e) and include the following construction permit, combined assurance program description included
information, to the extent known— operating license, and manufacturing or referenced in the safety analysis
(i) Name and address of the license must prepare and maintain report, if the change does not reduce the
individual or individuals informing the records necessary to accomplish the commitments in the program
Commission. purposes of this section, specifically— description previously accepted by the
(ii) Identification of the facility, the (i) Retain procurement documents, NRC. Changes to the quality assurance
activity, or the basic component which define the requirements that program description that do not reduce
supplied for the facility or the activity facilities or basic components must the commitments must be submitted to
within the United States which contains meet in order to be considered NRC within 90 days. Changes to the
a defect or fails to comply. acceptable, for the lifetime of the facility quality assurance program description
(iii) Identification of the firm or basic component. that reduce the commitments must be
constructing or manufacturing the (ii) Retain records of evaluations of all submitted to NRC and receive NRC
facility or supplying the basic deviations and failures to comply under approval before implementation, as
component which fails to comply or paragraph (e)(3)(i) of this section for the follows:
contains a defect. longest of: (A) Changes to the safety analysis
(iv) Nature of the defect or failure to (A) Ten (10) years from the date of the report must be submitted for review as
comply and the safety hazard which is evaluation; specified in § 50.4. Changes made to
created or could be created by the defect (B) Five (5) years from the date that NRC-accepted quality assurance topical
or failure to comply. an early site permit is referenced in an report descriptions must be submitted
(v) The date on which the information application for a combined license; or as specified in § 50.4.
of a defect or failure to comply was (C) Five (5) years from the date of (B) The submittal of a change to the
obtained. delivery of a manufactured reactor. safety analysis report quality assurance
(vi) In the case of a basic component (iii) Retain records of all interim program description must include all
which contains a defect or fails to reports to the Commission made under pages affected by that change and must
comply, the number and location of all paragraph (e)(3)(ii) of this section, or be accompanied by a forwarding letter
the basic components in use at the notifications to the Commission made identifying the change, the reason for
facility subject to the regulations in this under paragraph (e)(4) of this section for the change, and the basis for concluding
part. the minimum time periods stated in that the revised program incorporating
(vii) In the case of a completed reactor paragraph (e)(9)(ii) of this section; the change continues to satisfy the
manufactured under part 52 of this (iv) Suppliers of basic components criteria of appendix B of this part and
chapter, the entities to which the reactor must retain records of: the safety analysis report quality
was supplied. (A) All notifications sent to affected assurance program description
(viii) The corrective action which has licensees or purchasers under paragraph commitments previously accepted by
been, is being, or will be taken; the (e)(4)(iv) of this section for a minimum the NRC (the letter need not provide the
name of the individual or organization of ten (10) years following the date of basis for changes that correct spelling,
responsible for the action; and the the notification; punctuation, or editorial items).
length of time that has been or will be (B) The facilities or other purchasers (C) A copy of the forwarding letter
taken to complete the action. to whom basic components or identifying the changes must be
(ix) Any advice related to the defect associated services were supplied for a maintained as a facility record for three
or failure to comply about the facility, minimum of fifteen (15) years from the (3) years.
activity, or basic component that has delivery of the basic component or (D) Changes to the quality assurance
been, is being, or will be given to other associated services. program description included or
entities. (v) Maintaining records in accordance referenced in the safety analysis report
(7) Procurement documents. Each with this section satisfies the shall be regarded as accepted by the
individual, corporation, partnership, recordkeeping obligations under part 21 Commission upon receipt of a letter to
dedicating entity, or other entity subject of this chapter of the entities, including this effect from the appropriate
to the regulations in this part shall directors or responsible officers thereof, reviewing office of the Commission or
ensure that each procurement document subject to this section. 60 days after submittal to the
for a facility, or a basic component (f) * * * Commission, whichever occurs first.
specifies or is issued by the entity (4) Each holder of an early site permit (ii) [Reserved]
subject to the regulations, when or a manufacturing license under part 78. In Section 50.55a, the introductory
applicable, that the provisions of 10 52 of this chapter shall implement the paragraph, paragraphs (b)(1)(i), (b)(1)(ii),
CFR part 21 or 10 CFR 50.55(e) applies, quality assurance program described or (b)(1)(iii), (b)(1)(v), the introductory text
as applicable. referenced in the safety analysis report, of paragraphs (b)(4) and (d)(1),
(8) Coordination with 10 CFR part 21. including changes to that report. Each paragraph (e)(1), the introductory text of
The requirements of § 50.55(e) are holder of a combined license shall paragraph (f)(3), paragraphs (f)(3)(iii),
(f)(3)(iv)(B), (f)(4)(i), the introductory (4) Design, Fabrication, and Materials valve or the summer 1973 Addenda,
text of paragraph (g)(3), paragraph Code Cases. Applicants or licensees whichever is later.
(g)(4)(i), the introductory text of may apply the ASME Boiler and (B) Pumps and valves, in facilities
paragraph (g)(4)(v), and paragraph (h)(3) Pressure Vessel Code cases listed in whose construction permit under this
are revised to read as follows: NRC Regulatory Guide 1.84, Revision part, or design certification, design
32, without prior NRC approval subject approval, combined license, or
§ 50.55a Codes and standards.
to the following: manufacturing license under part 52 of
Each construction permit for a this chapter, is issued on or after
* * * * *
utilization facility is subject to the November 22, 1999, which are classified
(d) * * *
following conditions in addition to (1) For a nuclear power plant whose as ASME Code Class 1 must be designed
those specified in § 50.55. Each application for a construction permit and be provided with access to enable
combined license for a utilization under this part, or a combined license the performance of inservice testing of
facility is subject to the following or manufacturing license under part 52 the pumps and valves for assessing
conditions in addition to those specified of this chapter is docketed after May 14, operational readiness set forth in
in § 50.55, except that each combined 1984, or for an application for a editions and addenda of the ASME OM
license for a boiling or pressurized standard design approval or a standard Code (or the optional ASME Code cases
water-cooled nuclear power facility is listed in the NRC Regulatory Guide
design certification docketed after
subject to the conditions in paragraphs 1.192 that is incorporated by reference
May 14, 1984, components classified
(f) and (g) of this section, but only after in paragraph (b) of this section)
Quality Group B 9 must meet the
the Commission makes the finding referenced in paragraph (b)(3) of this
requirements for Class 2 Components in
under § 52.103(g) of this chapter. Each section at the time the construction
Section III of the ASME Boiler and
operating license for a boiling or permit is issued.
Pressure Vessel Code.
pressurized water-cooled nuclear power (iv) * * *
facility is subject to the conditions in * * * * *
(e) * * * (B) Pumps and valves, in facilities
paragraphs (f) and (g) of this section in whose construction permit under this
addition to those specified in § 50.55. (1) For a nuclear power plant whose
application for a construction permit part or design certification or combined
Each manufacturing license, standard license under part 52 of this chapter is
design approval, and standard design under this part, or a combined license
or manufacturing license under part 52 issued on or after November 22, 1999,
certification application under part 52
of this chapter is docketed after which are classified as ASME Code
of this chapter is subject to the
May 14, 1984, or for an application for Class 2 and 3 must be designed and be
conditions in paragraphs (a), (b)(1),
a standard design approval or a standard provided with access to enable the
(b)(4), (c), (d), (e), (f)(3), and (g)(3) of this
design certification docketed after May performance of inservice testing of the
section.
14, 1984, components classified Quality pumps and valves for assessing
* * * * * operational readiness set forth in
Group C 9 must meet the requirements
(b) * * * editions and addenda of the ASME OM
(1) * * * for Class 3 components in Section III of
(i) Section III Materials. When the ASME Boiler and Pressure Vessel Code (or the optional ASME Code cases
applying the 1992 Edition of Section III, Code. listed in the NRC Regulatory Guide
applicants or licensees must apply the * * * * * 1.192 that is incorporated by reference
1992 Edition with the 1992 Addenda of (f) * * * in paragraph (b) of this section)
Section II of the ASME Boiler and (3) For a boiling or pressurized water- referenced in paragraph (b)(3) of this
Pressure Vessel Code. cooled nuclear power facility whose section at the time the construction
(ii) Weld leg dimensions. When construction permit under this part or permit is issued.
applying the 1989 Addenda through the design approval, design certification, * * * * *
latest edition, and addenda incorporated combined license, or manufacturing (4) * * *
by reference in paragraph (b)(1) of this license under part 52 of this chapter, (i) Inservice tests to verify operational
section, applicants or licensees may not was issued on or after July 1, 1974: readiness of pumps and valves, whose
apply paragraph NB–3683.4(c)(1), * * * * * function is required for safety,
Footnote 11 to Figure NC–3673.2(b)–1, (iii)(A) Pumps and valves, in facilities conducted during the initial 120-month
and Figure ND–3673.2(b)–1. whose construction permit under this interval must comply with the
(iii) Seismic design. Applicants or part, or design certification or design requirements in the latest edition and
licensees may use Articles NB–3200, approval under part 52 of this chapter addenda of the Code incorporated by
NB–3600, NC–3600, and ND–3600 up to was issued before November 22, 1999, reference in paragraph (b) of this section
and including the 1993 Addenda, which are classified as ASME Code on the date 12 months before the date
subject to the limitation specified in Class 1 must be designed and be of issuance of the operating license
paragraph (b)(1)(ii) of this section. provided with access to enable the under this part, or 12 months before the
Applicants or licensees may not use performance of inservice testing of the date scheduled for initial loading fuel
these articles in the 1994 Addenda pumps and valves for assessing under a combined license under part 52
through the latest edition and addenda operational readiness set forth in the of this chapter (or the optional ASME
incorporated by reference in paragraph editions and addenda of Section XI of Code cases listed in NRC Regulatory
(b)(1) of this section. the ASME Boiler and Pressure Vessel Guide 1.192, that is incorporated by
* * * * * Code incorporated by reference in reference in paragraph (b) of this
(v) Independence of inspection. paragraph (b) of this section (or the section), subject to the limitations and
Applicants or licensees may not apply optional ASME Code cases that are modifications listed in paragraph (b) of
NCA–4134.10(a) of Section III, 1995 listed in NRC Regulatory Guide 1.147, this section.
Edition, through the latest edition and through Revision 13, that are * * * * *
addenda incorporated by reference in incorporated by reference in paragraph (g) * * *
paragraph (b)(1) of this section. (b) of this section) applied to the (3) For a boiling or pressurized water-
* * * * * construction of the particular pump or cooled nuclear power facility whose
construction permit under this part, or changes, tests, and experiments, § 50.62 Requirements for reduction of risk
design certification, design approval, including a summary of the evaluation from anticipated transients without scram
combined license, or manufacturing of each. A report must be submitted at (ATWS) events for light-water-cooled
license under part 52 of this chapter, intervals not to exceed 24 months. For nuclear power plants.
was issued on or after July 1, 1974: combined licenses, the report must be * * * * *
submitted at intervals not to exceed 6 (d) Implementation. For each light-
* * * * *
(4) * * * months during the period from the date water-cooled nuclear power plant
(i) Inservice examinations of of application for a combined license to operating license issued before [INSERT
components and system pressure tests the date the Commission makes its EFFECTIVE DATE OF FINAL RULE], by
conducted during the initial 120-month findings under 10 CFR 52.103(g). 180 days after the issuance of the QA
inspection interval must comply with (3) The records of changes in the guidance for non-safety related
the requirements in the latest edition facility must be maintained until the components, each licensee shall
and addenda of the Code incorporated termination of an operating license develop and submit to the Commission,
by reference in paragraph (b) of this issued under this part, a combined as specified in § 50.4, a proposed
section on the date 12 months before the license issued under part 52 of this schedule for meeting the requirements
date of issuance of the operating license chapter, or the termination of a license of paragraphs (c)(1) through (c)(5) of this
under this part, or 12 months before the issued under 10 CFR part 54, whichever section. Each shall include an
date scheduled for initial loading of fuel is later. Records of changes in explanation of the schedule along with
under a combined license under part 52 procedures and records of tests and a justification if the schedule calls for
of this chapter (or the optional ASME experiments must be maintained for a final implementation later than the
Code cases listed in NRC Regulatory period of 5 years. second refueling outage after July 26,
Guide 1.147, through Revision 13, that 80. In § 50.61, paragraph (b)(1) is 1984, or the date of issuance of a license
are incorporated by reference in revised to read as follows: authorizing operation above 5 percent of
paragraph (b) of this section), subject to full power. A final schedule shall then
§ 50.61 Fracture toughness requirements be mutually agreed upon by the
the limitations and modifications listed for protection against pressurized thermal
in paragraph (b) of this section. Commission and licensee. For each
shock events.
light-water-cooled nuclear power plant
* * * * * * * * * * operating license application submitted
(v) For a boiling or pressurized water- (b) * * * after [INSERT EFFECTIVE DATE OF
cooled nuclear power facility whose (1) For each pressurized water nuclear FINAL RULE], the applicant shall
construction permit under this part or power reactor for which an operating submit information in its final safety
combined license under part 52 of this license has been issued under this part analysis report demonstrating how it
chapter was issued after January 1, or a combined license has been issued will comply with paragraphs (c)(1)
1956: under part 52 of this chapter, other than through (c)(5) of this section.
* * * * * a nuclear power reactor facility for 82. In § 50.63, the introductory text of
(h) * * * which the certifications required under paragraphs (a)(1) and (c)(1) are revised
(3) Safety systems. Applications filed § 50.82(a)(1) have been submitted, the to read as follows:
on or after May 13, 1999, for licensee shall have projected values of
construction permits and operating RTPTS, accepted by the NRC, for each § 50.63 Loss of all alternating current
licenses under this part, and for design reactor vessel beltline material for the power.
approvals, design certifications, and EOL fluence of the material. The (a) * * *
combined licenses under part 52 of this assessment of RTPTS must use the (1) Each light-water-cooled nuclear
chapter, must meet the requirements for calculation procedures given in power plant licensed to operate under
safety systems in IEEE Std. 603–1991 paragraph (c)(1) of this section, except this part, each light-water-cooled
and the correction sheet dated as provided in paragraphs (c)(2) and nuclear power plant licensed under
January 30, 1995. (c)(3) of this section. The assessment subpart C of 10 CFR part 52 after the
79. In § 50.59, paragraphs (b), (d)(2), must specify the bases for the projected Commission makes the finding under
and (d)(3) are revised to read as follows: value of RTPTS for each vessel beltline § 52.103(g) of this chapter, and each
material, including the assumptions design for a light-water-cooled nuclear
§ 50.59 Changes, tests, and experiments. regarding core loading patterns, and power plant approved under a standard
* * * * * must specify the copper and nickel design approval, standard design
(b) This section applies to each holder contents and the fluence value used in certification, and manufacturing license
of an operating license issued under this the calculation for each beltline under part 52 of this chapter must be
part or a combined license issued under material. This assessment must be able to withstand for a specified
part 52 of this chapter, including the updated whenever there is a duration and recover from a station
holder of a license authorizing operation significant 2 change in projected values blackout as defined in § 50.2. The
of a nuclear power reactor that has of RTPTS, or upon request for a change specified station blackout duration shall
submitted the certification of permanent in the expiration date for operation of be based on the following factors:
cessation of operations required under the facility. * * * * *
§ 50.82(a)(1) or § 50.110 or a reactor * * * * * (c) * * *
licensee whose license has been 81. In § 50.62, paragraph (d) is revised (1) Information submittal. For each
amended to allow possession of nuclear to read as follows: light-water-cooled nuclear power plant
fuel but not operation of the facility. licensed to operate on or before July 21,
* * * * * 2 Changes to RT
PTS values are considered
1988, the licensee shall submit the
(d) * * * significant if either the previous value or the information defined below to the
(2) The licensee shall submit, as current value, or both values, exceed the screening Director of the Office of Nuclear Reactor
criterion before the expiration of the operating
specified in § 50.4 or § 52.3 of this license or the combined license under part 52 of
Regulation by April 17, 1989. For each
chapter, as applicable, a report this chapter, including any renewed term, if light-water-cooled nuclear power plant
containing a brief description of any applicable for the plant. licensed to operate after July 21, 1988,
but before [INSERT EFFECTIVE DATE § 50.70 Inspections. technical specifications must be
OF FINAL RULE], the licensee shall (a) Each applicant for or holder of a retained for the period specified by the
submit the information defined below to license, including a construction permit appropriate regulation, license
the Director of the Office of Nuclear or an early site permit, shall permit condition, or technical specification. If
Reactor Regulation, by 270 days after inspection, by duly authorized a retention period is not otherwise
the date of license issuance. For each representatives of the Commission, of specified, these records must be
light-water-cooled nuclear power plant his records, premises, activities, and of retained until the Commission
operating license application submitted licensed materials in possession or use, terminates the facility license or, in the
after [INSERT EFFECTIVE DATE OF related to the license or construction case of an early site permit, until the
FINAL RULE], the applicant shall permit or early site permit as may be permit expires.
submit the information defined below in necessary to effectuate the purposes of (d)(1) Records which must be
its final safety analysis report. the Act, as amended, including section maintained under this part or part 52 of
* * * * * 105 of the Act, and the Energy this chapter may be the original or a
Reorganization Act of 1974, as reproduced copy or microform if the
83. In § 50.65, paragraphs (a)(1) and reproduced copy or microform is duly
(c) are revised to read as follows: amended.
(b) * * * authenticated by authorized personnel
§ 50.65 Requirements for monitoring the (2) For a site with a single power and the microform is capable of
effectiveness of maintenance at nuclear reactor or fuel facility licensed under producing a clear and legible copy after
power plants. part 50 or part 52 of this chapter, or a storage for the period specified by
* * * * * facility issued a manufacturing license Commission regulations. The record
under part 52, the space provided shall may also be stored in electronic media
(a)(1) Each holder of an operating with the capability of producing legible,
license for a nuclear power plant under be adequate to accommodate a full-time
inspector, a part-time secretary and accurate, and complete records during
this part and each holder of a combined the required retention period. Records
license under part 52 of this chapter transient NRC personnel and will be
generally commensurate with other such as letters, drawings, and
after the Commission makes the finding specifications, must include all
under § 52.103(g), shall monitor the office facilities at the site. A space of
250 square feet either within the site’s pertinent information such as stamps,
performance or condition of structures, initials, and signatures. The licensee
systems, or components, against office complex or in an office trailer or
other onsite space is suggested as a shall maintain adequate safeguards
licensee-established goals, in a manner against tampering with, and loss of
sufficient to provide reasonable guide. For sites containing multiple
records.
assurance that these structures, systems, power reactor units or fuel facilities,
additional space may be requested to * * * * *
and components, as defined in (e) Each person licensed to operate a
paragraph (b) of this section, are capable accommodate additional full-time
inspector(s). The office space that is nuclear power reactor under the
of fulfilling their intended functions. provisions of § 50.21 or § 50.22 shall
These goals shall be established provided shall be subject to the
approval of the Director, Office of update periodically, as provided in
commensurate with safety and, where paragraphs (e)(3) and (4) of this section,
practical, take into account industry- Nuclear Reactor Regulation. All
furniture, supplies and communication the final safety analysis report (FSAR)
wide operating experience. When the originally submitted as part of the
performance or condition of a structure, equipment will be furnished by the
Commission. application for the license, to assure that
system, or component does not meet the information included in the report
established goals, appropriate corrective * * * * * contains the latest information
action shall be taken. For a nuclear 85. In § 50.71, paragraphs (a), (c), developed. This submittal shall contain
power plant for which the licensee has (d)(1), and the introductory text of all the changes necessary to reflect
submitted the certifications specified in paragraph (e) are revised, paragraph (f) information and analyses submitted to
§ 50.82(a)(1) or 52.110(a)(1) of this is redesignated as paragraph (g) and the Commission by the licensee or
chapter, as applicable, this section only revised, and new paragraph (f) is added prepared by the licensee pursuant to
shall apply to the extent that the to read as follows: Commission requirement since the
licensee shall monitor the performance submittal of the original FSAR, or as
§ 50.71 Maintenance of records, making of
or condition of all structures, systems, reports. appropriate, the last update to the FSAR
or components associated with the under this section. The submittal shall
storage, control, and maintenance of (a) Each licensee, including each
holder of a construction permit or early include the effects 1 of all changes made
spent fuel in a safe condition, in a in the facility or procedures as
manner sufficient to provide reasonable site permit, shall maintain all records
and make all reports, in connection with described in the FSAR; all safety
assurance that these structures, systems, analyses and evaluations performed by
and components are capable of fulfilling the activity, as may be required by the
conditions of the license or permit or by the licensee either in support of
their intended functions. approved license amendments or in
the regulations, and orders of the
* * * * * Commission in effectuating the support of conclusions that changes did
(c) The requirements of this section purposes of the Act, including Section not require a license amendment in
shall be implemented by each licensee 105 of the Act, and the Energy accordance with § 50.59(c)(2) or, in the
no later than July 10, 1996. For Reorganization Act of 1974, as case of a license that references a
combined licenses under part 52, the amended. Reports must be submitted in certified design, in accordance with
requirements of this section shall be accordance with § 50.4 or 10 CFR 52.3, § 52.98(c); and all analyses of new safety
implemented by the licensee no later as applicable. issues performed by or on behalf of the
than 30 days before the scheduled date licensee at Commission request. The
* * * * *
for initial loading of fuel. (c) Records that are required by the 1 Effects of changes includes appropriate
84. In § 50.70 paragraphs (a) and (b)(2) regulations in this part or part 52 of this revisions of descriptions in the FSAR such that the
are revised to read as follows: chapter, by license condition, or by FSAR (as updated) is complete and accurate.
updated information shall be (f)(3), and (f)(4) are redesignated as (3) The amount must use one or more
appropriately located within the update paragraphs (f)(2), (f)(3), (f)(4), and (f)(5), of the methods described in paragraph
to the FSAR. respectively, and paragraphs (e)(3) and (e) of this section as acceptable to the
* * * * * (f)(1) are added to read as follows: NRC.
(f) Each person licensed to (4) The amount stated in the
§ 50.75 Reporting and recordkeeping for
manufacture a nuclear power reactor decommissioning planning.
applicant’s or licensee’s certification
under subpart F of 10 CFR part 52 shall may be based on a cost estimate for
(a) This section establishes decommissioning the facility. As part of
update the FSAR originally submitted as requirements for indicating to NRC how
part of the application to reflect any the certification, a copy of the financial
a licensee will provide reasonable
modification to the design that is instrument obtained to satisfy the
assurance that funds will be available
approved by the Commission under requirements of paragraph (e) of this
for the decommissioning process. For
§ 52.171 of this chapter, and any new section must be submitted to NRC;
power reactor licensees (except a holder
analyses of the design performed by or provided, however, that an applicant for
of a manufacturing license under part 52
on behalf of the licensee at the NRC’s or holder of a combined license need
of this chapter), reasonable assurance
request. This submittal shall contain all not obtain such financial instrument or
consists of a series of steps as provided
the changes necessary to reflect submit a copy to the Commission except
in paragraphs (b), (c), (e), and (f) of this
information and analyses submitted to as provided in paragraph (e)(3) of this
section. Funding for the
the Commission by the licensee or section.
decommissioning of power reactors may
prepared by the licensee with respect to also be subject to the regulation of * * * * *
the modification approved under Federal or State Government agencies (e) * * *
§ 52.171 of this chapter or the analyses (e.g., Federal Energy Regulatory (3) Each holder of a combined license
requested by the Commission under Commission (FERC) and State Public under subpart C of 10 CFR part 52 shall,
§ 52.171 of this chapter. The updated Utility Commissions) that have following issuance of the combined
information shall be appropriately jurisdiction over rate regulation. The license until the date that the
located within the update to the FSAR. requirements of this section, in Commission makes the finding under 10
(g) The provisions of this section particular paragraph (c) of this section, CFR 52.103(g), submit a report to the
apply to nuclear power reactor licensees are in addition to, and not substitution NRC, by March 31 of each year,
that have submitted the certification of for, other requirements, and are not containing an update to the certification
permanent cessation of operations intended to be used by themselves or by described under paragraph (b)(1) of this
required under §§ 50.82(a)(1)(i) or other agencies to establish rates. section. No later than 30 days after the
52.110(a)(1) of this chapter. The (b) Each power reactor applicant for Commission publishes notice in the
provisions of paragraphs (a), (c), and (d) or holder of an operating license, and Federal Register under 10 CFR
of this section also apply to non-power each applicant for a combined license 52.103(a), the licensee shall submit a
reactor licensees that are no longer under subpart C of 10 CFR part 52 for report containing a certification that
authorized to operate. a production or utilization facility of the financial assurance for
86. In § 50.73, paragraph (a)(1) is type and power level specified in decommissioning is being provided in
revised to read as follows: paragraph (c) of this section shall an amount specified in the licensee’s
submit a decommissioning report, as most recent updated certification; and a
§ 50.73 Licensee event report system. copy of the financial instrument
required by § 50.33(k).
(a) * * * (1) For an applicant for or holder of obtained to satisfy the requirements of
(1) The holder of an operating license an operating license under part 50, the paragraph (e) of this section.
under this part or a combined license report must contain a certification that (f)(1) Each power reactor licensee
under part 52 of this chapter (after the financial assurance for shall report, on a calendar-year basis, to
Commission has made the finding under decommissioning will be (for a license the NRC by March 31, 1999, and at least
§ 52.103(g) of this chapter) for a nuclear applicant), or has been (for a license once every 2 years on the status of its
power plant (licensee) shall submit a holder), provided in an amount which decommissioning funding for each
Licensee Event Report (LER) for any may be more, but not less, than the reactor or part of a reactor that it owns.
event of the type described in this amount stated in the table in paragraph However, each holder of a combined
paragraph within 60 days after the (c)(1) of this section adjusted using a license under part 52 of this chapter
discovery of the event. In the case of an rate at least equal to that stated in need not begin reporting until the date
invalid actuation reported under paragraph (c)(2) of this section. For an that the Commission has made the
§ 50.73(a)(2)(iv), other than actuation of applicant for a combined license under finding under § 52.103(g) of this
the reactor protection system (RPS) subpart C of 10 CFR part 52, the report chapter. The information in this report
when the reactor is critical, the licensee must contain a certification that must include, at a minimum the amount
may, at its option, provide a telephone financial assurance for of decommissioning funds estimated to
notification to the NRC Operations decommissioning will be provided no be required under 10 CFR 50.75(b) and
Center within 60 days after discovery of later than 30 days after the Commission (c); the amount accumulated to the end
the event instead of submitting a written publishes notice in the Federal Register of the calendar year preceding the date
LER. Unless otherwise specified in this under § 52.103(a) in an amount which of the report; a schedule of the annual
section, the licensee shall report an may be more, but not less, than the amounts remaining to be collected; the
event if it occurred within 3 years of the amount stated in the table in paragraph assumptions used regarding rates of
date of discovery regardless of the plant (c)(1) of this section, adjusted using a escalation in decommissioning costs,
mode or power level, and regardless of rate at least equal to that stated in rates of earnings on decommissioning
the significance of the structure, system, paragraph (c)(2) of this section. funds, and rates of other factors used in
or component that initiated the event. (2) The amount to be provided must funding projections; any contracts upon
* * * * * be adjusted annually using a rate at least which the licensee is relying under
87. In § 50.75, paragraphs (a) and (b) equal to that stated in paragraph (c)(2) paragraph (e)(1)(v) of this section; any
are revised, paragraphs (f)(1), (f)(2), of this section. modifications occurring to a licensee’s
current method of providing financial § 50.90 Application for amendment of Commission will give notice of its
assurance since the last submitted license or construction permit. proposed action:
report; and any material changes to trust Whenever a holder of a license, (1) Under § 2.105 of this chapter
agreements. Any licensee for a plant including a construction permit and before acting thereon; and
that is within 5 years of the projected operating license under this part, and a (2) As soon as practicable after the
end of its operation, or where combined license, and manufacturing application has been docketed.
conditions have changed so that it will license under part 52 of this chapter, * * * * *
close within 5 years (before the end of desires to amend the license or permit, (c) The Commission may make a final
its licensed life), or has already closed application for an amendment must be determination, under the procedures in
(before the end of its licensed life), or filed with the Commission, as specified § 50.91, that a proposed amendment to
for plants involved in mergers or in § 50.4 or § 52.3 of this chapter, as an operating license, combined license
acquisitions shall submit this report applicable, fully describing the changes or manufacturing license for a facility or
annually. desired, and following as far as reactor licensed under § 50.21(b) or
* * * * * applicable, the form prescribed for § 50.22, or for a testing facility involves
88. Section 50.78 is revised to read as original applications. no significant hazards consideration, if
follows: 92. In § 50.91, the introductory text is operation of the facility in accordance
revised to read as follows: with the proposed amendment would
§ 50.78 Installation information and not:
verification. § 50.91 Notice for public comment; State * * * * *
Each holder of a construction permit consultation. 94. Section 50.100 is revised to read
and each holder of a combined license The Commission will use the as follows:
shall, if requested by the Commission, following procedures for an application
submit installation information on requesting an amendment to an § 50.100 Revocation, suspension,
modification of licenses, permits, and
Form–71, permit verification thereof by operating license under this part or a
approvals for cause.
the International Atomic Energy combined licensed under part 52 of this
Agency, and take other action as may be chapter for a facility licensed under A license, permit, or standard design
necessary to implement the US/IAEA §§ 50.21(b) or 50.22, or for a testing approval under part 52 of this chapter
Safeguards Agreement, in the manner facility, except for amendments subject may be revoked, suspended, or
set forth in § 75.6 and §§ 75.11 through to hearings governed by 10 CFR part 2, modified, in whole or in part, for any
75.14 of this chapter. subpart L. For amendments subject to 10 material false statement in the
89. In § 50.80, paragraph (a) is revised CFR part 2, subpart L, the following application or in the supplemental or
to read as follows: procedures will apply only to the extent other statement of fact required of the
specifically referenced in § 2.309(b) of applicant; or because of conditions
§ 50.80 Transfer of licenses. this chapter, except that notice of revealed by the application or statement
(a) No license for a production or opportunity for hearing must be of fact of any report, record, inspection,
utilization facility (including, but not published in the Federal Register at or other means which would warrant
limited to, permits under this part and least 30 days before the requested the Commission to refuse to grant a
part 52 of this chapter, and licenses amendment is issued by the license, permit, or approval on an
under parts 50 and 52 of this chapter), Commission: original application (other than those
or any right thereunder, shall be relating to §§ 50.51, 50.42(a), and
* * * * * 50.43(b)); or for failure to manufacture
transferred, assigned, or in any manner 93. Section 50.92 paragraph (a), and
disposed of, either voluntarily or a reactor, or construct or operate a
the introductory text of paragraph (c) are facility in accordance with the terms of
involuntarily, directly or indirectly, revised to read as follows:
through transfer of control of the license the permit or license, provided that
to any person, unless the Commission § 50.92 Issuance of amendment. failure to make timely completion of the
gives its consent in writing. proposed construction or alteration of a
(a) In determining whether an facility under a construction permit
* * * * * amendment to a license or construction shall be governed by the provisions of
90. In § 50.81, paragraph (d)(1) is permit will be issued to the applicant, § 50.55(b); or for violation of, or failure
revised, and a new paragraph (d)(3) is the Commission will be guided by the to observe, any of the terms and
added to read as follows: considerations which govern the provisions of the act, regulations,
issuance of initial licenses or license, permit, approval, or order of the
§ 50.81 Creditor regulations.
construction permits to the extent Commission.
(d) * * * applicable and appropriate. If the 95. In § 50.109, paragraph (a)(1) is
(1) License includes any license under application involves the material revised to read as follows:
this chapter, any construction permit alteration of a licensed facility, a
under this part, and any early site construction permit will be issued § 50.109 Backfitting.
permit under part 52 of this chapter, before the issuance of the amendment to (a)(1) Backfitting is defined as the
which may be issued by the the license, provided however, that if modification of or addition to systems,
Commission with regard to a facility; the application involves a material structures, components, or design of a
* * * * * alteration to a nuclear power reactor facility; or the design approval or
(3) Facility includes but is not limited manufactured under part 52 of this manufacturing license for a facility; or
to, a site which is the subject of an early chapter before its installation at a site, the procedures or organization required
site permit under subpart A of part 52 or a combined license before the date to design, construct or operate a facility;
of this chapter, and a reactor that the Commission makes the finding any of which may result from a new or
manufactured under a manufacturing under § 52.103(g) of this chapter, no amended provision in the Commission’s
license under subpart F of part 52. application for a construction permit is regulations or the imposition of a
91. Section 50.90 is revised to read as required. If the amendment involves a regulatory staff position interpreting the
follows: significant hazards consideration, the Commission’s regulations that is either
new or different from a previously (b) Requirements. (1)(i) Each nuclear include the principal design criteria for a
applicable staff position after: power plant operating license applicant, proposed facility. Under the provisions of 10
(i) The date of issuance of the by 18 months prior to fuel load, and CFR 52.47, 52.79, 52.137, and 52.157, an
construction permit for the facility for application for a design certification,
each holder of an operating license shall
combined license, design approval, or
facilities having construction permits establish, implement, and maintain a manufacturing license, respectively, must
issued after October 21, 1985; training program that meets the include the principal design criteria for a
(ii) Six (6) months before the date of requirements of paragraphs (b)(2) and proposed facility. The principal design
docketing of the operating license (b)(3) of this section. criteria establish the necessary design,
application for the facility for facilities (ii) Each holder of a combined license fabrication, construction, testing, and
having construction permits issued shall establish, implement, and performance requirements for structures,
before October 21, 1985; maintain the training program that systems, and components important to safety;
(iii) The date of issuance of the meets the requirements of paragraphs that is, structures, systems, and components
operating license for the facility for that provide reasonable assurance that the
(b)(2) and (b)(3) of this section, as facility can be operated without undue risk
facilities having operating licenses; described in the final safety analysis to the health and safety of the public.
(iv) The date of issuance of the design report no later than 18 months before
approval under subpart E of part 52 of * * * * *
the scheduled date for initial loading of Criterion 19—Control Room.
this chapter; fuel.
(v) The date of issuance of a (2) The training program must be * * * * *
manufacturing license under subpart F Applicants for and holders of construction
derived from a systems approach to permits and operating licenses under this
of part 52 of this chapter; training as defined in 10 CFR 55.4, and
(vi) The date of issuance of the first part who apply on or after January 10, 1997,
must provide for the training and applicants for design approvals or
construction permit issued for a qualification of the following categories certifications under part 52 of this chapter
duplicate design under appendix N of of nuclear power plant personnel: who apply on or after January 10, 1997,
this part; or (i) Non-licensed operator. applicants for and holders of combined
(vii) The date of issuance of a (ii) Shift supervisor. licenses or manufacturing licenses under part
combined license under subpart C of (iii) Shift technical advisor. 52 of this chapter who do not reference a
part 52 of this chapter, provided that if (iv) Instrument and control standard design approval or certification, or
the combined license references an early technician. holders of operating licenses using an
site permit, the provisions in § 52.39 of alternative source term under § 50.67, shall
(v) Electrical maintenance personnel. meet the requirements of this criterion,
this chapter apply with respect to the (vi) Mechanical maintenance except that with regard to control room
site characteristics, design parameters, personnel. access and occupancy, adequate radiation
and terms and conditions specified in (vii) Radiological protection protection shall be provided to ensure that
the early site permit. If the combined technician. radiation exposures shall not exceed 0.05 Sv
license references a standard design (viii) Chemistry technician. (5 rem) total effective dose equivalent (TEDE)
certification rule under subpart B of 10 (ix) Engineering support personnel. as defined in § 50.2 for the duration of the
CFR part 52, the provisions in § 52.63 of (3) The training program must accident.
this chapter apply with respect to the incorporate the instructional
* * * * *
design matters resolved in the standard requirements necessary to provide
98. In Appendix B to Part 50, the
design certification rule, provided qualified personnel to operate and
Introduction and Section I are revised to
however, that if any specific backfitting maintain the facility in a safe manner in
read as follows:
limitations are included in a referenced all modes of operation. The training
design certification rule, those program must be developed to be in Appendix B to Part 50—Quality
limitations shall govern. If the combined compliance with the facility license, Assurance Criteria for Nuclear Power
license references a standard design including all technical specifications Plants and Fuel Reprocessing Plants
approval under subpart E of 10 CFR part and applicable regulations. The training Introduction. Every applicant for a
52, the provisions in § 52.145 of this program must be periodically evaluated construction permit is required by the
chapter apply with respect to the design and revised as appropriate to reflect provisions of § 50.34 to include in its
matters resolved in the standard design industry experience as well as changes preliminary safety analysis report a
approval. If the combined license uses to the facility, procedures, regulations, description of the quality assurance program
a reactor manufactured under a and quality assurance requirements. The to be applied to the design, fabrication,
manufacturing license under subpart F training program must be periodically construction, and testing of the structures,
of 10 CFR part 52, the provisions of reviewed by licensee management for systems, and components of the facility.
Every applicant for an operating license is
§ 52.171 of this chapter apply with effectiveness. Sufficient records must be
required to include, in its final safety
respect to matters resolved in the maintained by the licensee to maintain analysis report, information pertaining to the
manufacturing license proceeding. program integrity and kept available for managerial and administrative controls to be
* * * * * NRC inspection to verify the adequacy used to assure safe operation. Every applicant
96. Section 50.120 is revised to read of the program. for a combined license under part 52 of this
as follows: 97. In Appendix A to Part 50, the first chapter is required by the provisions of
paragraph under the introduction and § 52.79 of this chapter to include in its final
§ 50.120 Training and qualification of the second paragraph under Criterion 19 safety analysis report a description of the
nuclear power plant personnel. are revised to read as follows: quality assurance program to be applied to
(a) Applicability. The requirements of the design, fabrication, construction, and
this section apply to each applicant for Appendix A to Part 50—General Design testing of the structures, systems, and
Criteria for Nuclear Power Plants components of the facility and to the
and each holder of an operating license
managerial and administrative controls to be
issued under this part and each holder used to assure safe operation. For
* * * * *
of a combined license issued under part applications submitted after [INSERT DATE
52 of this chapter for a nuclear power Introduction OF FINAL RULE], every applicant for an
plant of the type specified in § 50.21(b) Under the provisions of § 50.34, an early site permit under part 52 of this chapter
or § 50.22. application for a construction permit must is required by the provisions of § 52.17 to
include in its site safety analysis report a include both the performing functions of I. * * *
description of the quality assurance program attaining quality objectives and the quality
assurance functions. The quality assurance A. Applications for Construction Permits or
applied to site activities related to the design,
functions are those of (1) assuring that an Combined Licenses
fabrication, construction, and testing of the
structures, systems, and components of a appropriate quality assurance program is * * * * *
facility or facilities that may be constructed established and effectively executed; and (2)
II. * * *
on the site. Every applicant for a design verifying, such as by checking, auditing, and
approval, design certification, or inspecting, that activities affecting the safety- A. Applications for Construction Permits or
manufacturing license under part 52 of this related functions have been correctly Combined Licenses
chapter is required by the provisions of 10 performed. The persons and organizations * * * * *
CFR 52.137, 52.47, and 52.157, respectively, performing quality assurance functions shall
to include in its final safety analysis report have sufficient authority and organizational III. Annual Financial Statement
a description of the quality assurance freedom to identify quality problems; to Each holder of a construction permit for a
program to be applied to the design, initiate, recommend, or provide solutions; production or utilization facility of a type
fabrication, construction, and testing of the and to verify implementation of solutions. described in § 50.21(b) or § 50.22 or a testing
structures, systems, and components of the There persons and organizations performing facility, and each holder of a combined
facility. Nuclear power plants and fuel quality assurance functions shall report to a license issued under part 52 of this chapter,
reprocessing plants include structures, management level so that the required is required by § 50.71(b) to file its annual
systems, and components that prevent or authority and organizational freedom, financial report with the Commission at the
mitigate the consequences of postulated including sufficient independence from cost time of issuance. This requirement does not
accidents that could cause undue risk to the and schedule when opposed to safety
apply to licensees or holders of construction
health and safety of the public. This considerations, are provided. Because of the
permits for medical and research reactors.
appendix establishes quality assurance many variables involved, such as the number
requirements for the design, manufacture, of personnel, the type of activity being * * * * *
construction, and operation of those performed, and the location or locations
where activities are performed, the
100. In Appendix E to Part 50,
structures, systems, and components. The Sections I, III, IV.F.2.a, IV.F.2.c, and V
pertinent requirements of this appendix organizational structure for executing the
quality assurance program may take various are revised, and footnotes 6, 7, 8, 9, and
apply to all activities affecting the safety-
related functions of those structures, systems, forms, provided that the persons and 10 are redesignated as 7, 8, 9, 10, and
and components; these activities include organizations assigned the quality assurance 11, respectively, and a new footnote 6
designing, purchasing, fabricating, handling, functions have the required authority and is added to read as follows:
shipping, storing, cleaning, erecting, organizational freedom. Irrespective of the
organizational structure, the individual(s) Appendix E to Part 50—Emergency
installing, inspecting, testing, operating,
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
99. In Appendix C to Part 50, the preliminary safety analysis report a
control, which comprises those quality
discussion of preliminary plans for coping
assurance actions related to the physical 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, revised to read as follows: plans for coping with emergencies. Each
structure, component, or system to
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
Required to Establish Financial in the application plans for coping with
The applicant 1 shall be responsible for the
establishment and execution of the quality
Qualifications for Construction Permits emergencies. Each applicant for an early site
assurance program. The applicant may and Combined Licenses permit under subpart A of part 52 of this
delegate to others, such as contractors, chapter may submit plans for coping with
General Information
agents, or consultants, the work of emergencies under § 52.17 of this chapter.
This appendix is intended to apprise
establishing and executing the quality * * * * *
applicants for construction permits and
assurance program, or any part thereof, but
combined licenses for production or III. The Final Safety Analysis Report or
shall retain responsibility for the quality
utilization facilities of the types described in Early Site Permit Application
assurance program. The authority and duties
§ 50.21(b) or § 50.22, or testing facilities, of The final safety analysis report shall
of persons and organizations performing
the general kinds of financial data and other contain the plans for coping with
activities affecting the safety-related
related information that will demonstrate the emergencies. Early site permit applications
functions of structures, systems, and
financial qualification of the applicant to may contain plans for coping with
components shall be clearly established and
carry out the activities for which the permit emergencies under § 52.17(b) of this chapter.
delineated in writing. These activities
or license is sought. The kind and depth of The plans shall be an expression of the
1 While the term ‘‘applicant’’ is used in these
information described in this guide is not overall concept of operation; they shall
criteria, the requirements are, of course, applicable
intended to be a rigid and absolute describe the essential elements of advance
after such a person has received a license to requirement. In some instances, additional planning that have been considered and the
construct and operate a nuclear power plant or a pertinent material may be needed. In any provisions that have been made to cope with
fuel reprocessing plant or has received an early site case, the applicant should include emergency situations. The plans shall
permit, design approval, design certification, or information other than that specified, if the incorporate information about the emergency
manufacturing license, as applicable. These criteria information is pertinent to establishing the
will also be used for guidance in evaluating the
response roles of supporting organizations
applicant’s financial ability to carry out the and offsite agencies. That information shall
adequacy of quality assurance programs in use by activities for which the permit or license is
holders of construction permits, operating licenses, be sufficient to provide assurance of
early site permits, design approvals, combined
sought. coordination among the supporting groups
licenses, and manufacturing licenses. * * * * * and with the licensee.
The plans submitted must include a subsequent reactor constructed on the site. specified in § 50.4, within 30 days of such
description of the elements set out in Section This exercise may be incorporated in the changes.
IV for the emergency planning zones (EPZs) exercise requirements of sections IV.F.2.b. * * * * *
to an extent sufficient to demonstrate that the and c. of this appendix. If FEMA identifies 101. In Appendix I to Part 50, the first
plans provide reasonable assurance that one or more deficiencies in the state of offsite
adequate protective measures can and will be emergency preparedness as the result of this
paragraphs of Sections I, II, IV, V, and
taken in the event of an emergency. exercise for the new reactor, or if the the introductory paragraph of Sections
Commission finds that the state of emergency A.3 of the Concluding Statement of
IV. Content of Emergency Plans preparedness does not provide reasonable Position of the Regulatory Staff (Docket–
* * * * * assurance that adequate protective measures RM–50–2) are revised to read as follows:
F. * * * can and will be taken in the event of a
2. * * * radiological emergency, the provisions of Appendix I to Part 50—Numerical
a. A full participation 4 exercise which § 50.54(gg) apply. Guides for Design Objectives and
tests as much of the licensee, State, and local * * * * * Limiting Conditions for Operation To
emergency plans as is reasonably achievable c. Offsite plans for each site shall be Meet the Criterion ‘‘As Low As Is
without mandatory public participation shall exercised biennially with full participation Reasonably Achievable’’ for
be conducted for each site at which a power by each offsite authority having a role under Radioactive Material in Light-Water-
reactor is located. the radiological response plan. Where the
(i) For an operating license issued under Cooled Nuclear Power Reactor
offsite authority has a role under a Effluents
this part, this exercise must be conducted radiological response plan for more than one
within two years before the issuance of the site, it shall fully participate in one exercise
first operating license for full power (one SECTION I. Introduction. Section 50.34a
every two years and shall, at least, partially provides that an application for a
authorizing operation above 5 percent of participate in other offsite plan exercises in
rated power) of the first reactor and shall construction permit shall include a
this period. If two different licensees whose description of the preliminary design of
include participation by each State and local licensed facilities are located either on the
government within the plume exposure equipment to be installed to maintain control
same site or on adjacent, contiguous sites, over radioactive materials in gaseous and
pathway EPZ and each state within the and that share most of the elements defining
ingestion exposure pathway EPZ. If the full liquid effluents produced during normal
co-located licensees,6 each licensee shall: conditions, including expected occurrences.
participation exercise is conducted more (1) Conduct an exercise biennially of its
than one year prior to issuance of an In the case of an application filed on or after
onsite emergency plan; and January 2, 1971, the application must also
operating licensee for full power, an exercise (2) Participate quadrennially in an offsite
which tests the licensee’s onsite emergency identify the design objectives, and the means
biennial full or partial participation exercise; to be employed, for keeping levels of
plans must be conducted within one year and
before issuance of an operating license for radioactive material in effluents to
(3) Conduct emergency preparedness unrestricted areas as low as practicable.
full power. This exercise need not have State activities and interactions in the years
or local government participation. Sections 52.47, 52.79, 52.137, and 52.157 of
between its participation in the offsite full or this chapter provide that applications for
(ii) For a combined license issued under partial participation exercise with offsite
part 52 of this chapter, this exercise must be design certification, combined license, design
authorities, to test and maintain interface approval, or manufacturing license,
conducted within two years of the scheduled among the affected State and local authorities
date for initial loading of fuel. If the first full respectively, shall include a description of
and the licensee. Co-located licensees shall the equipment and procedures for the control
participation exercise is conducted more also participate in emergency preparedness
than one year before the scheduled date for of gaseous and liquid effluents and for the
activities and interaction with offsite maintenance and use of equipment installed
initial loading of fuel, an exercise which tests authorities for the period between exercises.
the licensee’s onsite emergency plans must in radioactive waste systems.
be conducted within one year before the * * * * * * * * * *
scheduled date for initial loading of fuel. V. Implementing Procedures SECTION II. Guides on design objectives
This exercise need not have State or local for light-water-cooled nuclear power reactors
government participation. If FEMA identifies No less than 180 days before the scheduled
licensed under 10 CFR part 50 or part 52 of
one or more deficiencies in the state of offsite issuance of an operating license for a nuclear
this chapter. The guides on design objectives
emergency preparedness as the result of the power reactor or a license to possess nuclear
set forth in this section may be used by an
first full participation exercise, or if the material or the date that the Commission
applicant for a construction permit as
Commission finds that the state of emergency makes the finding under § 52.103 of this
guidance in meeting the requirements of
preparedness does not provide reasonable chapter, the applicant’s or licensee’s detailed
implementing procedures for its emergency § 50.34a(a), or by an applicant for a combined
assurance that adequate protective measures license under part 52 of this chapter as
can and will be taken in the event of a plan shall be submitted to the Commission as
specified in § 50.4. Licensees who are guidance in meeting the requirements of
radiological emergency, the provisions of § 50.34a(d), or by an applicant for a design
§ 50.54(gg) apply. authorized to operate a nuclear power facility
shall submit any changes to the emergency approval, a design certification, or a
(iii) For a combined licensee issued under manufacturing license as guidance in
part 52 of this chapter, if the applicant plan or procedures to the Commission, as
meeting the requirements of § 50.34a(e). The
currently has an operating reactor at the site, applicant shall provide reasonable assurance
an exercise, either full or partial particular site means appropriate offsite authorities
shall actively take part in the exercise sufficient to
that the following design objectives will be
participation,5 shall be conducted for each met.
test direction and control functions; i.e., (a)
4 Full participation when used in conjunction
protective action decision making related to * * * * *
emergency action levels, and (b) communication SECTION IV. Guides on technical
with emergency preparedness exercises for a capabilities among affected State and local
particular site means appropriate offsite local and specifications for limiting conditions for
authorities and the licensee.
State authorities and licensee personnel physically 6 Co-located licensees are two different licensees
operation for light-water-cooled nuclear
and actively take part in testing their integrated
whose licensed facilities are located either on the
power reactors licensed under 10 CFR part 50
capability to adequately assess and respond to an or part 52 of this chapter. The guides on
same site or on adjacent, contiguous sites, and that
accident at a commercial nuclear power plant. Full limiting conditions for operation for light-
share most of the following emergency planning
participation includes testing major observable water-cooled nuclear power reactors set forth
and siting elements:
portions of the onsite and offsite emergency plans
and mobilization of State, local and licensee a. Plume exposure and ingestion emergency below may be used by an applicant for an
personnel and other resources in sufficient numbers planning zones; operating license under this part or a design
to verify the capability to respond to the accident b. Offsite governmental authorities; certification or combined license under part
scenario. c. Offsite emergency response organizations; 52 of this chapter, or a licensee who has
5 Partial participation when used in conjunction d. Public notification system; and/or submitted a certification of permanent
with emergency preparedness exercises for a e. Emergency facilities. cessation of operations under § 50.82(a)(1) or
§ 52.110 of this chapter as guidance in tests. The purposes of the tests are to assure based leakage-testing program must be
developing technical specifications under that (a) leakage through the primary reactor included, by general reference, in the plant
§ 50.36a(a) to keep levels of radioactive containment and systems and components technical specifications. The submittal for
materials in effluents to unrestricted areas as penetrating primary containment shall not technical specification revisions must
low as is reasonably achievable. exceed allowable leakage rate values as contain justification, including supporting
* * * * * specified in the technical specifications or analyses, if the licensee chooses to deviate
SECTION V. Effective dates. A. The guides associated bases; and (b) periodic from methods approved by the Commission
for limiting conditions for operation set forth surveillance of reactor containment and endorsed in a regulatory guide.
in this appendix shall be applicable in any penetrations and isolation valves is * * * * *
case in which an application was filed on or performed so that proper maintenance and
after January 2, 1971, for construction permit repairs are made during the service life of the Appendix M to Part 50 [Removed and
under this part or a design certification, a containment, and systems and components Reserved]
combined license, or a manufacturing license penetrating primary containment. These test
requirements may also be used for guidance 103. Appendix M to Part 50 is
under part 52 of this chapter.
in establishing appropriate containment removed and reserved.
* * * * * leakage test requirements in technical
specifications or associated bases for other Appendix O to Part 50 [Removed and
Concluding Statement of Position of the
types of nuclear power reactors. Reserved]
Regulatory Staff (Docket–RM–50–2) Guides
on Design Objectives for Light-Water-Cooled II. * * * 104. Appendix O to Part 50 is
Nuclear Power Reactors K. La (percent/24 hours) means the removed and reserved.
maximum allowable leakage rate at pressure 105. In Appendix S to Part 50, the
A.* * * Pa as specified for preoperational tests in the
3. Notwithstanding the guidance in technical specifications or associated bases,
first paragraph titled ‘‘General
paragraph A.2, for a particular site, if an and as specified for periodic tests in the Information,’’ Section I(a), and Section
applicant for a construction permit under operating license or combined license, III are revised to read as follows:
this part or a design approval, a design including the technical specifications in any
certification, a combined license, or a Appendix S to Part 50—Earthquake
referenced design certification or
manufacturing license under part 52 of this manufactured reactor used at the facility. Engineering Criteria for Nuclear Power
chapter has proposed baseline in-plant Plants
control measures 2 to reduce the possible * * * * *
sources of radioactive material in liquid Option B—Performance-Based Requirements General Information
effluent releases and the calculated quantity * * * * * This appendix applies to applicants for a
exceeds the quantity set forth in paragraph construction permit or operating license
A.2, the requirements for design objectives I. Introduction under part 50, or a design certification,
for radioactive material in liquid effluents One of the conditions required of all combined license, design approval, or
may be deemed to have been met provided: operating licenses and combined licenses for manufacturing license under part 52 of this
* * * * * light-water-cooled power reactors as chapter, on or after January 10, 1997.
102. In Appendix J to Part 50 in specified in § 50.54(o) is that primary reactor However, for either an operating license
containments meet the leakage-rate test applicant or holder whose construction
Option A, Section I, and paragraph II.k permit was issued before January 10, 1997,
are revised and in Option B, Section I, requirements in either Option A or B of this
appendix. These test requirements ensure the earthquake engineering criteria in Section
and paragraphs V.B.2 and 3 are revised VI of appendix A to 10 CFR part 100
that (a) leakage through these containments
to read as follows: or systems and components penetrating these continue to apply. Paragraphs IV.a.1.i,
containments does not exceed allowable IV.a.1.ii, IV.4.b, and IV.4.c of this appendix
Appendix J to Part 50—Primary apply to applicants for an early site permit
Reactor Containment Leakage Testing leakage rates specified in the technical
specifications; and (b) integrity of the under part 52.
for Water-Cooled Reactors containment structure is maintained during I. Introduction
* * * * * its service life. Option B of this appendix
identifies the performance-based (a) Each applicant for a construction
Option A—Prescriptive Requirements permit, operating license, design
requirements and criteria for preoperational
* * * * * and subsequent periodic leakage-rate certification, combined license, design
testing.3 approval, or manufacturing license is
I. Introduction required by §§ 50.34(a)(12), 50.34(b)(10), or
One of the conditions of all operating * * * * * 10 CFR 52.47, 52.79, 52.137, or 52.157, and
licenses under this part and combined V. * * * General Design Criterion 2 of appendix A to
licenses under part 52 of this chapter for B. * * * this part, to design nuclear power plant
water-cooled power reactors as specified in 2. A licensee or applicant for an operating structures, systems, and components
§ 50.54(o) is that primary reactor license under this part or a combined license important to safety to withstand the effects of
containments shall meet the containment under part 52 of this chapter may adopt natural phenomena, such as earthquakes,
leakage test requirements set forth in this Option B, or parts thereof, as specified in without loss of capability to perform their
appendix. These test requirements provide Section V.A of this appendix, by submitting safety functions. Also, as specified in
for preoperational and periodic verification its implementation plan and request for § 50.54(ff), nuclear power plants that have
by tests of the leak-tight integrity of the revision to technical specifications (see implemented the earthquake engineering
primary reactor containment, and systems paragraph B.3 of this section) to the Director criteria described herein must shut down if
and components which penetrate of the Office of Nuclear Reactor Regulation. the criteria in paragraph IV(a)(3) of this
containment of water-cooled power reactors, 3. The regulatory guide or other appendix are exceeded.
and establish the acceptance criteria for these implementation document used by a licensee
or applicant for an operating license under * * * * *
2 These measures may include treatment of clear
this part or a combined license under part 52 III. Definitions
liquid waste streams (normally tritiated, of this chapter to develop a performance-
As used in these criteria:
nonaerated, low conductivity equipment drains and Combined license means a combined
pump seal leakoff), dirty liquid waste streams 3 Specific guidance concerning a performance-
construction permit and operating license
(normally nontritiated, aerated, high conductivity based leakage-test program, acceptable leakage-rate
building sumps, floor and sample station drains), test methods, procedures, and analyses that may be
with conditions for a nuclear power facility
steam generator blowdown streams, chemical waste used to implement these requirements and criteria issued under subpart C of part 52 of this
streams, low purity and high purity liquid streams are provided in Regulatory Guide 1.163, chapter.
(resin regenerate and laboratory wastes), as ‘‘Performance-Based Containment Leak-Test Design Approval means an NRC staff
appropriate for the type of reactor. Program.’’ approval, issued under subpart E of part 52
of this chapter, of a final standard design for Stat. 3033–3041; and sec. 193, Pub. L. 101– (i) Procedures for filing and reviewing
a nuclear power reactor of the type described 575, 104 Stat. 2835 (42 U.S.C. 2243). Sections applications for licenses or construction
in 10 CFR 50.22. 51.20, 51.30, 51.60, 51.80, and 51.97 also permits or early site permits or other
Design Certification means a Commission issued under secs. 135, 141, Pub. L. 97–425,
forms of permission or for amendments
approval, issued under subpart B of part 52 96 Stat. 2232, 2241, and sec. 148, Pub. L.
of this chapter, of a standard design for a 100–203, 101 Stat. 1330–223 (42 U.S.C. to or renewals of licenses or
nuclear power facility. 10155, 10161, 10168). Section 51.22 also construction permits or early site
Manufacturing license means a license, issued under sec. 274, 73 Stat. 688, as permits or other forms of permission;
issued under subpart F of part 52 of this amended by 92 Stat. 3036–3038 (42 U.S.C. * * * * *
chapter, authorizing the manufacture of 2021) and under Nuclear Waste Policy Act of (9) Issuance of an amendment to a
nuclear power reactors but not their 1982, sec. 121, 96 Stat. 2228 (42 U.S.C. permit or license for a reactor under part
installation into facilities located at the sites 10141). Sections 51.43, 51.67, and 51.109
also issued under Nuclear Waste Policy Act
50 or part 52 of this chapter, which
on which the facilities are to be operated.
of 1982, sec. 114(f), 96 Stat. 2216, as changes a requirement with respect to
Operating basis earthquake ground motion
(OBE) is the vibratory ground motion for amended (42 U.S.C. 10134(f)). installation or use of a facility
which those features of the nuclear power component located within the restricted
107. In § 51.17, paragraph (b) is area, as defined in part 20 of this
plant necessary for continued operation revised to read as follows:
without undue risk to the health and safety chapter, or which changes an inspection
of the public will remain functional. The or a surveillance requirement, provided
§ 51.17 Information collection
operating basis earthquake ground motion is that—
only associated with plant shutdown and requirements; OMB approval.
(i) The amendment involves no
inspection unless specifically selected by the * * * * * significant hazards consideration;
applicant as a design input. (b) The approved information (ii) There is no significant change in
Response spectrum is a plot of the collection requirements in this part the types or significant increase in the
maximum responses (acceleration, velocity, appear in §§ 51.6, 51.16, 51.41, 51.45, amounts of any effluents that may be
or displacement) of idealized single-degree- 51.50, 51.51, 51.52, 51.53, 51.54, 51.58,
of-freedom oscillators as a function of the
released offsite; and
51.60, 51.61, 51.62, 51.66, 51.68, and (iii) There is no significant increase in
natural frequencies of the oscillators for a
51.69. individual or cumulative occupational
given damping value. The response spectrum
is calculated for a specified vibratory motion
108. In § 51.20, paragraph (b)(6) is radiation exposure.
input at the oscillators’ supports. removed and reserved, and paragraphs (10) Issuance of an amendment to a
Safe-shutdown earthquake ground motion (b)(1) and (b)(2) are revised to read as permit or license under parts 30, 31, 32,
(SSE) is the vibratory ground motion for follows: 33, 34, 35, 36, 39, 40, 50, 52, 60, 61, 63,
which certain structures, systems, and 70, or part 72 of this chapter which—
components must be designed to remain § 51.20 Criteria for and identification of
licensing and regulatory actions requiring * * * * *
functional. (12) Issuance of an amendment to a
Structures, systems, and components environmental impact statements.
* * * * * license under parts 50, 52, 60, 61, 63,
required to withstand the effects of the safe-
shutdown earthquake ground motion or (b) * * * 70, 72, or 75 of this chapter relating
surface deformation are those necessary to (1) Issuance of a limited work solely to safeguards matters (i.e.,
assure: authorization or a permit to construct a protection against sabotage or loss or
(1) The integrity of the reactor coolant nuclear power reactor, testing facility, or diversion of special nuclear material) or
pressure boundary; fuel reprocessing plant under part 50 of issuance of an approval of a safeguards
(2) The capability to shut down the reactor this chapter, or issuance of an early site plan submitted under parts 50, 52, 70,
and maintain it in a safe-shutdown 72, and 73 of this chapter, provided that
condition; or
permit under part 52 of this chapter.
(2) Issuance or renewal of a full power the amendment or approval does not
(3) The capability to prevent or mitigate the involve any significant construction
consequences of accidents that could result or design capacity license to operate a
nuclear power reactor, testing facility, or impacts. These amendments and
in potential offsite exposures comparable to
the guideline exposures of § 50.34(a)(1). fuel reprocessing plant under part 50 of approvals are confined to—
Surface deformation is distortion of this chapter, or a combined license * * * * *
geologic strata at or near the ground surface under part 52 of this chapter. (17) Issuance of an amendment to a
by the processes of folding or faulting as a * * * * * permit or license under parts 30, 40, 50,
result of various earth forces. Tectonic (6) [Reserved] 52, or part 70 of this chapter which
surface deformation is associated with deletes any limiting condition of
earthquake processes. * * * * *
109. In § 51.22, the introductory text operation or monitoring requirement
* * * * * based on or applicable to any matter
of paragraph (c)(3), paragraphs (c)(3)(i),
(c)(9), the introductory text of subject to the provisions of the Federal
PART 51—ENVIRONMENTAL Water Pollution Control Act.
PROTECTION REGULATIONS FOR paragraphs (c)(10) and (c)(12), and
paragraph (c)(17) are revised, and * * * * *
DOMESTIC LICENSING AND RELATED (22) Issuance of a standard design
REGULATORY FUNCTIONS paragraphs (c)(22) and (c)(23) are added
to read as follows: approval under part 52 of this chapter.
106. The authority citation for Part 51 (23) The Commission finding for a
continues to read as follows: § 51.22 Criterion for categorical exclusion; combined license under § 52.103(g) of
identification of licensing and regulatory this chapter.
Authority: Sec. 161, 68 Stat. 948, as actions eligible for categorical exclusion or
amended, sec. 1701, 106 Stat. 2951, 2952, * * * * *
otherwise not requiring environmental
2953 (42 U.S.C. 2201, 2297f); secs. 201, as review.
110. In § 51.23 paragraphs (b) and (c)
amended, 202, 88 Stat. 1242, as amended, are revised to read as follows:

1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 * * * * *
Stat. 2750 (44 U.S.C. 3504 note). Subpart A (c) * * * § 51.23 Temporary storage of spent fuel
also issued under National Environmental (3) Amendments to parts 20, 30, 31, after cessation of reactor operation—
Policy Act of 1969, secs. 102, 104, 105, 83 32, 33, 34, 35, 39, 40, 50, 51, 52, 54, 60, generic determination of no significant
Stat. 853–854, as amended (42 U.S.C. 4332, 61, 63, 70, 71, 72, 73, 74, 81, and 100 environmental impact.
4334, 4335); and Pub. L. 95–604, Title II, 92 of this chapter which relate to— * * * * *
(b) Accordingly, as provided in change which is the subject of the (ii) Comments on the environmental
§§ 51.30(b), 51.53, 51.61, 51.80(b), 51.95 proposed amendment renders a SAMDA assessment will be limited to the
and 51.97(a), and within the scope of previously rejected in the earlier consideration of SAMDAs as required
the generic determination in paragraph environmental assessment to become by § 51.30(d) or (e), as applicable.
(a) of this section, no discussion of any cost beneficial, or results in the (2) The Commission will prepare a
environmental impact of spent fuel identification of new SAMDAs, in final environmental assessment
storage in reactor facility storage pools which case the costs and benefits of new following the close of the public
or independent spent fuel storage SAMDAs and the bases for not comment period for the proposed
installations (ISFSI) for the period incorporating new SAMDAs in the standard design certification.
following the term of the reactor design certification must be addressed. (c) Manufacturing license. (1) Upon
operating license or amendment, reactor (e) An environmental assessment for a completion of the environmental
combined license or amendment, or manufacturing license under subpart F assessment for actions involving
initial ISFSI license or amendment for of part 52 of this chapter must identify issuance or amendment of a
which application is made, is required the proposed action, and will be limited manufacturing license (manufacturing
in any environmental report, to the consideration of the costs and license environmental assessment), the
environmental impact statement, benefits of SAMDAs and the bases for NRC’s Director of Nuclear Reactor
environmental assessment or other not incorporating SAMDAs in the Regulation (staff director) will
analysis prepared in connection with manufacturing license. An determine the costs and benefits of
the issuance or amendment of an environmental assessment for an severe accident mitigation design
operating license for a nuclear power amendment to a manufacturing license alternatives (SAMDAs) and the bases for
reactor under parts 50 and 54 of this will be limited to consideration whether not incorporating SAMDAs in the
chapter, or issuance or amendment of a the design change which is the subject design of the reactor to be manufactured
combined license for a nuclear power under the manufacturing license. The
of the proposed amendment either
reactor under parts 52 and 54 of this NRC staff director may determine to
renders a SAMDA previously rejected in
chapter, or the issuance of an initial prepare a draft environmental
an environmental assessment to become
license for storage of spent fuel at an assessment.
cost beneficial, or results in the (2) The manufacturing license
ISFSI, or any amendment thereto. identification of new SAMDAs, in
(c) This section does not alter any environmental assessment must state
which case the costs and benefits of new that:
requirements to consider the SAMDAs and the bases for not
environmental impacts of spent fuel (i) The Commission has determined
incorporating new SAMDAs in the that in § 51.32 there is no significant
storage during the term of a reactor manufacturing license must be
operating license or combined license, environmental impact associated with
addressed. In either case, the the issuance of a manufacturing license
or a license for an ISFSI in a licensing environmental assessment will not
proceeding. or an amendment to a manufacturing
address the environmental impacts license, as applicable;
111. In § 51.30, paragraph (a) is associated with manufacturing the
revised, and paragraphs (d) and (e) are (ii) The environmental assessment
reactor under the manufacturing license. will not address the environmental
added to read as follows: 112. Section 51.31 is revised to read impacts associated with manufacturing
§ 51.30 Environmental assessment. as follows: the reactor under the manufacturing
(a) An environmental assessment for § 51.31 Determinations based on
license; and
proposed actions, other than those for a environmental assessment.
(iii) Comments on the environmental
standard design certification or a assessment will be limited to the
(a) General. Upon completion of an consideration of SAMDAs as required
manufacturing license under part 52 of
environmental assessment for proposed by § 51.30(d) or (e), as applicable.
this chapter, shall identify the proposed
actions other than those involving a (3) If the NRC staff director makes a
action and include:
(1) A brief discussion of: standard design certification or a determination to prepare and issue a
(i) The need for the proposed action; manufacturing license under part 52 of draft environmental assessment for
(ii) Alternatives as required by section this chapter, the appropriate NRC staff public review and comment before
102(2)(E) of NEPA; director will determine whether to making a final determination on the
(iii) The environmental impacts of the prepare an environmental impact manufacturing license application, the
proposed action and alternatives as statement or a finding of no significant assessment will be marked, ‘‘Draft.’’ The
appropriate; and impact on the proposed action. As NRC notice of availability on the draft
(2) A list of agencies and persons provided in § 51.33, a determination to environmental assessment will include
consulted, and identification of sources prepare a draft finding of no significant a request for comments which specifies
used. impact may be made. where comments should be submitted
* * * * * (b) Standard design certification. (1) and when the comment period expires.
(d) An environmental assessment for For actions involving the issuance or The notice will state that copies of the
a standard design certification under amendment of a standard design environmental assessment and any
subpart B of part 52 of this chapter must certification, the Commission shall related environmental documents are
identify the proposed action, and will prepare a draft environmental available for public inspection and
be limited to the consideration of the assessment for public comment as part where inspections can be made. A copy
costs and benefits of severe accident of the proposed rule. The proposed rule of the final environmental assessment
mitigation design alternatives must state that: will be sent to the U.S. Environmental
(SAMDAs) and the bases for not (i) The Commission has determined Protection Agency, the applicant, any
incorporating SAMDAs in the design that in § 51.32 there is no significant party to a proceeding, each commenter,
certification. An environmental environmental impact associated with and any other Federal, State, and local
assessment for an amendment to a the issuance of the standard design agencies, and Indian tribes, State,
design certification will be limited to certification or its amendment, as regional, and metropolitan
the consideration of whether the design applicable; and clearinghouses expressing an interest in
the action. Additional copies will be a determination regarding the inclusion by § 50.10(e)(1) of this chapter, the
made available in accordance with of an alternative in the range of environmental report must include a
§ 51.123. alternatives considered or relevant to plan for redress of the site that will
(4) When a hearing is held under the mitigation. In addition, environmental achieve an environmentally stable and
regulations in part 2 of this chapter on reports prepared under to § 51.53(c) aesthetically acceptable site suitable for
the proposed issuance of the need not discuss issues not related to whatever non-nuclear use may conform
manufacturing license or amendment, the environmental effects of the with local zoning laws. For other than
the NRC staff director will prepare a proposed action and its alternatives. light-water-cooled nuclear power
final environmental assessment which The analyses for environmental reports reactors, the environmental report shall
may be subject to modification as a shall, to the fullest extent practicable, contain the basis for evaluating the
result of review and decision as quantify the various factors considered. contribution of the environmental
appropriate to the nature and scope of To the extent that there are important effects of fuel cycle activities for the
the proceeding. The presiding officer qualitative considerations or factors that nuclear power reactor. Each
will issue the final environmental cannot be quantified, those environmental report shall identify
assessment. considerations or factors shall be procedures for reporting and keeping
(5) Only a party admitted into the discussed in qualitative terms. The records of environmental data, and any
proceeding with respect to a contention environmental report should contain conditions and monitoring requirements
on the environmental assessment, or an sufficient data to aid the Commission in for protecting the non-aquatic
entity participating in the proceeding its development of an independent environment, proposed for possible
pursuant to § 2.315(c), may take a analysis. inclusion in the license as
position and offer evidence on the * * * * * environmental conditions in accordance
matters within the scope of the 115. Section 51.50 is revised to read with § 50.36b of this chapter.
environmental assessment. as follows: (c) Combined license stage. Each
113. In § 51.32, paragraph (b) is added applicant for a combined license shall
to read as follows: § 51.50 Environmental report— submit with its application a separate
construction permit, early site permit, or document, entitled ‘‘Applicant’s
§ 51.32 Finding of no significant impact. combined license stage.
Environmental Report—Combined
* * * * * (a) Construction permit stage. Each License Stage.’’ Each environmental
(b) The Commission finds that there is applicant for a permit to construct a report shall contain the information
no significant environmental impact production or utilization facility specified in §§ 51.45, 51.51 and 51.52;
associated with the issuance of: covered by § 51.20 shall submit with its for other than light-water-cooled nuclear
(1) A standard design certification application a separate document, power reactors, the environmental
under subpart B of part 52 of this entitled ‘‘Applicant’s Environmental report shall contain the basis for
chapter; Report—Construction Permit Stage,’’ evaluating the contribution of the
(2) An amendment to a design which shall contain the information environmental effects of fuel cycle
certification; specified in §§ 51.45, 51.51 and 51.52. activities for the nuclear power reactor.
(3) A manufacturing license under Each environmental report shall identify Each environmental report shall identify
subpart F of part 52 of this chapter; or procedures for reporting and keeping procedures for reporting and keeping
(4) An amendment to a manufacturing records of environmental data, and any records of environmental data, and any
license. conditions and monitoring requirements conditions and monitoring requirements
114. In § 51.45 paragraph (c) is revised for protecting the non-aquatic for protecting the non-aquatic
to read as follows: environment, proposed for possible environment, proposed for possible
inclusion in the license as inclusion in the license as
§ 51.45 Environmental report. environmental conditions in accordance environmental conditions in accordance
* * * * * with § 50.36b of this chapter. with § 50.36b of this chapter. The
(c) Analysis. The environmental (b) Early site permit stage. Each combined license environmental report
report shall include an analysis that applicant for an early site permit shall may reference information contained in
considers and balances the submit with its application a separate a final environmental document
environmental effects of the proposed document, entitled ‘‘Applicant’s previously prepared by the NRC staff.
action, the environmental impacts of Environmental Report—Early Site (1) Application referencing an early
alternatives to the proposed action, and Permit Stage,’’ which shall contain the site permit. The applicant must have a
alternatives available for reducing or information specified in §§ 51.45, 51.51, reasonable process for identifying any
avoiding adverse environmental effects. and 51.52, as modified in this new and significant information
Except for environmental reports paragraph. Environmental reports need regarding the NRC’s conclusions in the
prepared at the early site permit stage not include an assessment of the early site permit environmental impact
under § 51.50(b), or environmental economic, technical, and other benefits statement. If the combined license
reports prepared at the license renewal and costs of the proposed action or an application references an early site
stage under § 51.53(c), the analysis in analysis of other energy alternatives. permit, then the ‘‘Applicant’s
the environmental report should also Environmental reports must focus on Environmental Report—Combined
include consideration of the economic, the environmental effects of License Stage’’ need not contain
technical, and other benefits and costs construction and operation of a reactor, information or analyses submitted to the
of the proposed action and of or reactors, which have characteristics Commission in ‘‘Applicant’s
alternatives. Environmental reports that fall within the postulated site Environmental Report—Early Site
prepared at the license renewal stage parameters. Environmental reports must Permit Stage,’’ but must contain, in
under § 51.53(c) need not discuss the include an evaluation of alternative sites addition to the environmental
economic or technical benefits and costs to determine whether there is any information and analyses otherwise
of either the proposed action or obviously superior alternative to the site required:
alternatives except insofar as these proposed. If the applicant seeks to (i) Information to demonstrate that the
benefits and costs are either essential for perform the activities at the site allowed design of the facility falls within the site
characteristics and design parameters construction permit stage or early site supplements prepared at the license
specified in the early site permit; permit stage or combined license stage renewal stage; NRC staff-prepared final
(ii) Information to resolve any other of a light-water-cooled nuclear power generic environmental impact
significant environmental issue not reactor, and submitted on or after statements; and environmental
considered in the early site permit September 4, 1979, shall take Table S– assessments and records of decisions
proceeding, either for the site or design; 3, Table of Uranium Fuel Cycle prepared in connection with the
and Environmental Data, as the basis for construction permit, operating license,
(iii) Any new and significant evaluating the contribution of the early site permit, combined license and
information on the site or design to the environmental effects of uranium any license amendment for that facility.
extent that it differs from, or is in mining and milling, the production of * * * * *
addition to, that discussed in the early uranium hexafluoride, isotopic (c) * * *
site permit environmental impact enrichment, fuel fabrication, (3) For those applicants seeking an
statement. reprocessing of irradiated fuel, initial renewal license and holding an
(2) Application referencing standard transportation of radioactive materials operating license, construction permit,
design certification. If the combined and management of low-level wastes or combined license as of June 30, 1995,
license references a standard design and high-level wastes related to the environmental report shall include
certification, then the combined license uranium fuel cycle activities to the the information required in paragraph
environmental report may incorporate environmental costs of licensing the (c)(2) of this section subject to the
by reference the environmental nuclear power reactor. Table S–3 shall following conditions and
assessment previously prepared by the be included in the environmental report considerations:
NRC for the referenced design and may be supplemented by a * * * * *
certification. If the design certification discussion of the environmental 119. Section 51.54 is revised to read
environmental assessment is referenced, significance of the data set forth in the as follows:
then the combined license table as weighed in the analysis for the
environmental report must contain proposed facility. § 51.54 Environmental report—
information to demonstrate that the site manufacturing license.
* * * * *
characteristics for the combined license 117. In § 51.52, the introductory (a) Each applicant for a manufacturing
site fall within the site parameters in the paragraph is revised to read as follows: license under subpart F of part 52 of this
design certification environmental chapter shall submit with its application
assessment. § 51.52 Environmental effects of a separate document entitled,
(3) Application referencing a transportation of fuel and waste—Table S– ‘‘Applicant’s Environmental Report—
manufactured reactor. If the combined 4. Manufacturing License.’’ The
license application proposes to use a Under § 51.50, every environmental environmental report must address the
manufactured reactor, then the report prepared for the construction costs and benefits of severe accident
combined license environmental report permit stage or early site permit stage or mitigation design alternatives
may incorporate by reference the combined license stage of a light-water- (SAMDAs), and the bases for not
environmental assessment previously cooled nuclear power reactor, and incorporating SAMDAs into the design
prepared by the NRC for the underlying submitted after February 4, 1975, shall of the reactor to be manufactured. The
manufacturing license. If the contain a statement concerning environmental report need not address
manufacturing license environmental transportation of fuel and radioactive the environmental impacts associated
assessment is referenced, then the wastes to and from the reactor. That with manufacturing the reactor under
combined license environmental report statement shall indicate that the reactor the manufacturing license.
must contain information to and this transportation either meet all of (b) Each applicant for an amendment
demonstrate that the site characteristics the conditions in paragraph (a) of this to a manufacturing license shall submit
for the combined license site fall within section or all of the conditions of with its application a separate
the site parameters in the manufacturing paragraph (b) of this section. document entitled, ‘‘Applicant’s
license environmental assessment. The * * * * * Supplemental Environmental Report—
environmental report need not address 118. In § 51.53 paragraph (a) and the Amendment to Manufacturing License.’’
the environmental impacts associated introductory text of paragraph (c)(3) are The environmental report must address
with manufacturing the reactor under revised to read as follows: whether the design change which is the
the manufacturing license. subject of the proposed amendment
§ 51.53 Postconstruction environmental
(4) Application requesting authority to reports.
either renders a SAMDA previously
conduct activities under § 50.10(e) of rejected in an environmental assessment
this chapter. If the applicant seeks to (a) General. Any environmental report
to become cost beneficial, or results in
perform activities at the site allowed by prepared under the provisions of this
the identification of new SAMDAs that
§ 50.10(e) of this chapter, then the section may incorporate by reference
may be reasonably incorporated into the
environmental report must include a any information contained in a prior
design of the manufactured reactor. The
plan for redress of the site that will environmental report or supplement
environmental report need not address
achieve an environmentally stable and thereto that relates to the production or
the environmental impacts associated
aesthetically acceptable site suitable for utilization facility or site, or any
with manufacturing the reactor under
whatever non-nuclear use may conform information contained in a final
the manufacturing license.
with local zoning laws. environmental document previously 120. Section 51.55 is redesignated as
prepared by the NRC staff that relates to
116. In § 51.51 paragraph (a) is revised § 51.58, and is revised to read as

to read as follows: the production or utilization facility or follows:
site. Documents that may be referenced
§ 51.51 Uranium fuel cycle environmental include, but are not limited to, the final § 51.58 Environmental report—number of
data—Table S–3. environmental impact statement; copies; distribution.
(a) Under § 51.50, every supplements to the final environmental (a) Each applicant for a license or
environmental report prepared for the impact statement, including permit to site, construct or operate a
production or utilization facility for an amendment to a license to The applicant shall maintain the
covered by §§ 51.20(b)(1), (b)(2), (b)(3), manufacture, seeking approval of the capability to generate additional copies
or (b)(4), each applicant for renewal of final design of the nuclear power of the environmental report or any
an operating or combined license for a reactor, under subpart F of part 52 of supplement to the environmental report
nuclear power plant, each applicant for this chapter shall submit to the for subsequent distribution to Federal,
a license amendment authorizing the Commission an environmental report or State, and local officials, and any
decommissioning of a production or any supplement to an environmental affected Indian tribes in accordance
utilization facility covered by § 51.20, report in the manner specified in § 50.4 with written instructions issued by the
and each applicant for a license or of this chapter. The applicant shall Director of Nuclear Material Safety and
license amendment to store spent fuel at maintain the capability to generate Safeguards.
a nuclear power plant after expiration of additional copies of the environmental 123. In § 51.71 paragraph (d) and
the operating license for the nuclear report or any supplement to the Footnote 3 are revised to read as
power plant shall submit a copy to the environmental report for subsequent follows:
Director of the Office of Nuclear Reactor distribution to parties and Boards in the § 51.71 Draft environmental impact
Regulation, or a copy to the Director of NRC proceeding; Federal, State, and statement-contents.
the Office of Nuclear Material Safety local officials; and any affected Indian
* * * * *
and Safeguards, as appropriate, of an tribes, in accordance with written (d) Analysis. Unless excepted in this
environmental report or any supplement instructions issued by the Director of paragraph, the draft environmental
to an environmental report. These Nuclear Reactor Regulation. impact statement will include a
reports must be sent either by mail 121. Section 51.55 is added to read as preliminary analysis that considers and
addressed: ATTN: Document Control follows: weighs the environmental effects of the
Desk; U.S. Nuclear Regulatory proposed action; the environmental
§ 51.55 Environmental report-standard
Commission, Washington, DC 20555– impacts of alternatives to the proposed
design certification.
0001; by hand delivery to the NRC’s action; and alternatives available for
offices at 11555 Rockville Pike, (a) Each applicant for a standard
design certification under subpart B of reducing or avoiding adverse
Rockville, Maryland, between the hours environmental effects and consideration
of 7:30 a.m. and 4:15 p.m. eastern time; part 52 of this chapter shall submit with
its application a separate document of the economic, technical, and other
or, where practicable, by electronic benefits and costs of the proposed
submission, for example, via Electronic entitled, ‘‘Applicant’s Environmental
Report-Standard Design Certification.’’ action and alternatives and indicate
Information Exchange, or CD–ROM. what other interests and considerations
Electronic submissions must be made in The environmental report must address
the costs and benefits of severe accident of Federal policy, including factors not
a manner that enables the NRC to related to environmental quality if
receive, read, authenticate, distribute, mitigation design alternatives
(SAMDAs), and the basis for not applicable, are relevant to the
and archive the submission, and process consideration of environmental effects
and retrieve it a single page at a time. incorporating SAMDAs in the design to
be certified. of the proposed action identified under
Detailed guidance on making electronic paragraph (a) of this section. The draft
submissions can be obtained by visiting (b) Each applicant for an amendment
to a design certification shall submit environmental impact statement
the NRC’s Web site at http:// prepared at the early site permit stage
www.nrc.gov/site-help/eie.html, by with its application a separate
document entitled, ‘‘Applicant’s must focus on the environmental effects
calling (301) 415–6030, by e-mail to of construction and operation of a
EIE@nrc.gov, or by writing the Office of Supplemental Environmental Report-
Amendment to Standard Design reactor, or reactors, which have
Information Services, U.S. Nuclear characteristics that fall within the
Regulatory Commission, Washington, Certification.’’ The environmental report
must address whether the design change postulated site parameters, and will not
DC 20555–0001. The guidance include an assessment of the benefits
discusses, among other topics, the which is the subject of the proposed
amendment either renders a SAMDA (for example, need for power) of the
formats the NRC can accept, the use of proposed action or an evaluation of
electronic signatures, and the treatment previously rejected in an environmental
assessment to become cost beneficial, or other alternative energy sources unless
of nonpublic information. If the considered by the applicant, but must
communication is on paper, the signed results in the identification of new
SAMDAs that may be reasonably include an evaluation of alternative sites
original must be sent. If a submission to determine whether there is any
due date falls on a Saturday, Sunday, or incorporated into the design
certification. alternative to the site proposed. The
Federal holiday, the next Federal draft supplemental environmental
122. Section 51.66 is revised to read
working day becomes the official due impact statement prepared at the
as follows:
date. The applicant shall maintain the combined license stage when an early
capability to generate additional copies § 51.66 Environmental report-number of site permit is referenced need not
of the environmental report or any copies; distribution. include detailed information or analyses
supplement to the environmental report Each applicant for a license or other that were resolved in the final
for subsequent distribution to parties form of permission, or an amendment to environmental impact statement
and Boards in the NRC proceedings; or renewal of a license or other form of prepared by the Commission in
Federal, State, and local officials; and permission issued under parts 30, 32, connection with the early site permit,
any affected Indian tribes, in accordance 33, 34, 35, 36, 39, 40, 61, 70 and/or 72 provided that the design of the facility
with written instructions issued by the of this chapter, and covered by falls within the design parameters
Director of the Office of Nuclear Reactor §§ 51.60(b)(1) through (6); or by § 51.61 specified in the early site permit, the
Regulation or the Director of the Office or § 51.62 shall submit to the Director of site falls within the site characteristics
of Nuclear Material Safety and Nuclear Material Safety and Safeguards specified within the early site permit,
Safeguards, as appropriate. an environmental report or any and there is no significant new
(b) Each applicant for a license to supplement to an environmental report environmental issue or information not
manufacture a nuclear power reactor, or in the manner specified in § 51.58(a). considered on the site or the design only
to the extent that they differ from that Commission standards and criteria socioeconomic, and possible cumulative
discussed in the final environmental pertaining to radiological effects will be impacts and other fuel cycle impacts as
impact statement prepared by the necessary to meet the licensing may reasonably appear significant.
Commission in connection with the requirements of the Atomic Energy Act, (b) Early site permit stage. A draft
early site permit. The draft the analysis will, for the purposes of environmental impact statement relating
supplemental environmental impact NEPA, consider the radiological effects to issuance of an early site permit for a
statement prepared at the license of the proposed action and alternatives. production or utilization facility will be
renewal stage under § 51.95(c) need not * * * * * prepared in accordance with the
discuss the economic or technical 124. Section 51.75 is revised to read procedures and measures described in
benefits and costs of either the proposed as follows: §§ 51.70, 51.71, 51.72, and 51.73. The
action or alternatives except if benefits contribution of the environmental
and costs are either essential for a § 51.75 Draft environmental impact effects of the uranium fuel cycle
determination regarding the inclusion of statement—construction permit, early site activities specified in § 51.51 shall be
permit, or combined license.
an alternative in the range of evaluated on the basis of impact values
alternatives considered or relevant to (a) Construction permit stage. A draft set forth in Table S–3, Table of Uranium
mitigation. In addition, the environmental impact statement relating Fuel Cycle Environmental Data, which
supplemental environmental impact to issuance of a construction permit for shall be set out in the draft
statement prepared at the license a production or utilization facility will environmental impact statement. With
renewal stage need not discuss other be prepared in accordance with the the exception of radon-222 and
issues not related to the environmental procedures and measures described in technetium-99 releases, no further
effects of the proposed action and §§ 51.70, 51.71, 51.72, and 51.73. The discussion of fuel cycle release values
associated alternatives. The draft contribution of the environmental and other numerical data that appear
supplemental environmental impact effects of the uranium fuel cycle explicitly in the table shall be required.5
statement for license renewal prepared activities specified in § 51.51 shall be The impact statement shall take account
under § 51.95(c) will rely on evaluated on the basis of impact values of dose commitments and health effects
conclusions as amplified by the set forth in Table S–3, Table of Uranium from fuel cycle effluents set forth in
supporting information in the GEIS for Fuel Cycle Environmental Data, which Table S–3 and shall in addition take
issues designated as Category 1 in shall be set out in the draft account of economic, socioeconomic,
appendix B to subpart A of this part. environmental impact statement. With and possible cumulative impacts and
The draft supplemental environmental the exception of radon-222 and other fuel cycle impacts as may
impact statement must contain an technetium-99 releases, no further reasonably appear significant.
analysis of those issues identified as discussion of fuel cycle release values (c) Combined license stage. A draft
Category 2 in appendix B to subpart A and other numerical data that appear environmental impact statement relating
of this part that are open for the explicitly in the Table shall be to issuance of a combined license that
proposed action. The analysis for all required.5 The impact statement shall does not reference an early site permit
draft environmental impact statements take account of dose commitments and will be prepared in accordance with the
will, to the fullest extent practicable, health effects from fuel cycle effluents procedures and measures described in
quantify the various factors considered. set forth in Table S–3 and shall in §§ 51.70, 51.71, 51.72, and 51.73. The
To the extent that there are important addition take account of economic, contribution of the environmental
qualitative considerations or factors that effects of the uranium fuel cycle
quality, and to consider alternatives to the proposed activities specified in § 51.51 shall be
cannot be quantified, these action that are available for reducing adverse
considerations or factors will be effects. Where an environmental assessment of evaluated on the basis of impact values
discussed in qualitative terms. aquatic impact from plant discharges is available set forth in Table S–3, Table of Uranium
Consideration will be given to from the permitting authority, the NRC will Fuel Cycle Environmental Data, which
consider the assessment in its determination of the shall be set out in the draft
compliance with environmental quality magnitude of environmental impacts for striking an
standards and requirements that have overall cost-benefit balance at the construction environmental impact statement. With
been imposed by Federal, State, permit and operating license and early site permit the exception of radon-222 and
regional, and local agencies having and combined license stages, and in its technetium-99 releases, no further
determination of whether the adverse discussion of fuel cycle release values
responsibility for environmental environmental impacts of license renewal are so
protection, including applicable zoning great that preserving the option of license renewal and other numerical data that appear
and land-use regulations and water for energy planning decision-makers would be explicitly in the Table shall be
pollution limitations or requirements unreasonable at the license renewal stage. When the required.5 The impact statement shall
assessment of aquatic impacts is no longer available take account of dose commitments and
issued or imposed under the Federal from the permitting authority, NRC will establish
Water Pollution Control Act. The on its own, or in conjunction with the permitting
health effects from fuel cycle effluents
environmental impact of the proposed authority and other agencies having relevant set forth in Table S–3 and shall in
action will be considered in the analysis expertise, the magnitude of potential impacts for addition take account of economic,
striking an overall cost-benefit balance for the socioeconomic, and possible cumulative
with respect to matters covered by facility at the construction permit and operating
environmental quality standards and license and early site permit and combined license
impacts and other fuel cycle impacts as
requirements irrespective of whether a stages, and in its determination of whether the may reasonably appear significant. The
certification or license from the adverse environmental impacts of license renewal impact statement will include a
are so great that preserving the option of license discussion of the storage of spent fuel
appropriate authority has been renewal for energy planning decision-makers would
obtained.3 While satisfaction of be unreasonable at the license renewal stage.
for the nuclear power plant within the
scope of the generic determination in
5 Values for releases of Rn-222 and TC–99 are not

3 Compliance with the environmental quality given in the Table. The amount and significance of § 51.23(a) and in accordance with
standards and requirements of the Federal Water Rn-222 releases from the fuel cycle and TC–99 § 51.23(b).
Pollution Control Act (imposed by EPA or releases from waste management or reprocessing (1) Combined license application
designated permitting states) is not a substitute for, activities shall be considered in the draft
and does not negate the requirement for NRC to environmental impact statement and may be the
referencing an early site permit. If the
weigh all environmental effects of the proposed subject of litigation in individual licensing combined license application references
action, including the degradation, if any, of water proceedings. an early site permit and the design of
the facility falls within the site statement; supplements to the final appropriate, will address the
characteristics and design parameters environmental impact statement, environmental impacts of spent fuel
specified in the early site permit, then including supplements prepared at the storage only for the term of the license,
the draft supplemental combined operating license stage; NRC staff- license amendment or license renewal
license environmental impact statement prepared final generic environmental applied for.
shall incorporate by reference the early impact statements; environmental 127. Section 51.105 is revised to read
site permit final environmental impact assessments and records of decisions as follows:
statement, and summarize the findings prepared in connection with the
§ 51.105 Public hearings in proceedings
and conclusions of the early site permit construction permit, the operating
for issuance of construction permits or
final environmental impact statement. license, the early site permit, or the early site permits.
(2) Combined license application combined license and any license
referencing a standard design amendment for that facility. A (a) In addition to complying with
certification. If the combined license supplement to a final environmental applicable requirements of § 51.104, in
application references a standard design impact statement will include a request a proceeding for the issuance of a
certification and the site characteristics for comments as provided in § 51.73. construction permit or early site permit
of the combined license’s site falls for a nuclear power reactor, testing
* * * * * facility, fuel reprocessing plant or
within the site parameters specified in (c) Operating license renewal stage. In
the design certification environmental isotopic enrichment plant, the presiding
connection with the renewal of an
assessment, then the draft combined officer will:
operating license for a nuclear power
license environmental impact statement (1) Determine whether the
plant under parts 52 or 54 of this
shall incorporate by reference the design requirements of section 102(2)(A), (C),
chapter, the Commission shall prepare
certification environmental assessment, and (E) of NEPA and the regulations in
an EIS, which is a supplement to the
and summarize the findings and this subpart have been met;
Commission’s NUREG–1437, ‘‘Generic
conclusions of the environmental (2) Independently consider the final
Environmental Impact Statement for
assessment with respect to severe balance among conflicting factors
License Renewal of Nuclear Plants’’
accident mitigation design alternatives. contained in the record of the
(May 1996) which is available in the
(3) Combined license application proceeding with a view to determining
NRC Public Document Room, 11555
referencing a manufactured reactor. If the appropriate action to be taken;
Rockville Pike, Rockville, Maryland.
the combined license application (3) Determine, after weighing the
* * * * * environmental, economic, technical,
proposes to use a manufactured reactor (d) Postoperating license stage. In
and the site characteristics of the and other benefits against
connection with the amendment of an environmental and other costs, and
combined license’s site falls within the operating or combined license
site parameters specified in the considering reasonable alternatives,
authorizing decommissioning activities whether the construction permit or early
manufacturing license environmental at a production or utilization facility
assessment, then the draft combined site permit should be issued, denied, or
covered by § 51.20, either for appropriately conditioned to protect
license environmental impact statement unrestricted use or based on continuing
shall incorporate by reference the environmental values;
use restrictions applicable to the site, or (4) Determine, in an uncontested
manufacturing license environmental with the issuance, amendment or
assessment, and summarize the findings proceeding, whether the NEPA review
renewal of a license to store spent fuel conducted by the NRC staff has been
and conclusions of the environmental at a nuclear power reactor after
assessment with respect to SAMDAs. adequate; and
expiration of the operating or combined (5) Determine, in a contested
The combined license environmental license for the nuclear power reactor,
impact statement report will not address proceeding, whether in accordance with
the NRC staff will prepare a the regulations in this subpart, the
the environmental impacts associated supplemental environmental impact
with manufacturing the reactor under construction permit or early site permit
statement for the postoperating or post should be issued as proposed by the
the manufacturing license. combined license stage or an NRC’s Director of Nuclear Reactor
§ 51.76 [Removed and Reserved] environmental assessment, as Regulation.
125. Section 51.76 is removed and appropriate, which will update the prior (b) The presiding officer in an early
reserved. environmental review. The supplement site permit hearing shall not admit
126. In § 51.95, paragraph (a), the or assessment may incorporate by contentions proffered by any party
introductory text of paragraph (c), and reference any information contained in concerning the benefits assessment (e.g.,
paragraph (d) are revised to read as the final environmental impact need for power) or alternative energy
follows: statement—for the operating or sources if those issues were not
combined license stage, as appropriate, addressed by the applicant in the early
§ 51.95 Postconstruction environmental or in the records of decision prepared in site permit application.
impact statements. connection with the early site permit, 128. Section 51.105a is added to read
(a) General. Any supplement to a final construction permit, operating license, as follows:
environmental impact statement or any or combined license for that facility.
environmental assessment prepared The supplement will include a request § 51.105a Public hearings in proceedings
under the provisions of this section may for comments as provided in § 51.73. for issuance of manufacturing licenses.
incorporate by reference any Unless otherwise required by the In addition to complying with
information contained in a final Commission in accordance with the applicable requirements of § 51.31(c), in
environmental document previously generic determination in § 51.23(a) and a proceeding for the issuance of a
prepared by the NRC staff that relates to the provisions of § 51.23(b), a manufacturing license, the presiding
the same production or utilization supplemental environmental impact officer will:
facility. Documents that may be statement for the postoperating or post (a) Determine, in an uncontested
referenced include, but are not limited combined license stage or an proceeding, whether the NEPA review
to, the final environmental impact environmental assessment, as conducted by the NRC staff has been
adequate to identify all reasonable which is material to the site or the Subpart A—Early Site Permits
SAMDAs for the design of the reactor to design only to the extent that it differs 52.12 Scope of subpart.
be manufactured and evaluate the from those discussed or it reflects 52.13 Relationship to other subparts.
environmental, technical, economic, significant new information in addition 52.15 Filing of applications.
and other benefits and costs of each to that discussed in the final 52.16 Contents of applications; general
SAMDA; and environmental impact statement information.
52.17 Contents of applications; technical
(b) Determine, in a contested prepared by the Commission in information.
proceeding, whether in accordance with connection with the early site permit. 52.18 Standards for review of applications.
the regulations in this subpart, the (c) If the combined license application 52.21 Administrative review of
manufacturing license should be issued references a standard design applications; hearings.
as proposed by the NRC’s Director of certification, or proposes to use a 52.23 Referral to the Advisory Committee
Nuclear Reactor Regulation. manufactured reactor, then the on Reactor Safeguards (ACRS).
129. Section 51.107 is added to read 52.24 Issuance of early site permit.
presiding officer in a combined license 52.25 Extent of activities permitted.
as follows: hearing shall not admit contentions 52.27 Duration of permit.
§ 51.107 Public hearings in proceedings proffered by any party concerning 52.28 Transfer of early site permit.
for issuance of combined licenses. severe accident mitigation design 52.29 Application for renewal.
(a) In addition to complying with alternatives unless the contention 52.31 Criteria for renewal.
demonstrates that the site characteristics 52.33 Duration of renewal.
applicable requirements of § 51.104, in 52.35 Use of site for other purposes.
a proceeding for the issuance of a fall outside of the site parameters in the
52.39 Finality of early site permit
combined license for a nuclear power standard design certification or
determinations.
reactor, the presiding officer will: underlying manufacturing license for
(1) Determine whether the the manufactured reactor. Subpart B—Standard Design Certifications
requirements of section 102(2)(A), (C), 130. Section 51.108 is added under 52.41 Scope of subpart.
and (E) of NEPA and the regulations in the undesignated center heading 52.43 Relationship to other subparts.
this subpart have been met; 52.45 Filing of applications.
‘‘Production and Utilization Facilities,’’ 52.46 Contents of applications; general
(2) Independently consider the final to read as follows: information.
balance among conflicting factors 52.47 Contents of applications; technical
contained in the record of the § 51.108 Public hearings on a Commission
information.
proceeding with a view to determining findings that inspections, tests, and
52.48 Standards for review of applications.
acceptance criteria of combined licenses
the appropriate action to be taken; 52.51 Administrative review of
are met.
(3) Determine, after weighing the applications.
environmental, economic, technical, In any public hearing requested under 52.53 Referral to the Advisory Committee
and other benefits against 10 CFR 52.103(b), the Commission will on Reactor Safeguards (ACRS).
environmental and other costs, and not admit any contentions on 52.54 Issuance of standard design
certification.
considering reasonable alternatives, environmental issues, the adequacy of 52.55 Duration of certification.
whether the combined license should be the environmental impact statement for 52.57 Application for renewal.
issued, denied, or appropriately the combined license issued under 52.59 Criteria for renewal.
conditioned to protect environmental subpart C of part 52, or the adequacy of 52.61 Duration of renewal.
values; any other environmental impact 52.63 Finality of standard design
(4) Determine, in an uncontested statement or environmental assessment certifications.
proceeding, whether the NEPA review referenced in the combined license Subpart C—Combined Licenses
conducted by the NRC staff has been application. The Commission will not
adequate; and 52.71 Scope of subpart.
make any environmental findings in 52.73 Relationship to other subparts.
(5) Determine, in a contested connection with the finding under 10 52.75 Filing of applications.
proceeding, whether in accordance with CFR 52.103(g). 52.77 Contents of applications; general
the regulations in this subpart, the 131. Part 52 is revised to read as information.
combined license should be issued as follows: 52.79 Contents of applications; technical
proposed by the NRC’s Director of information in final safety analysis
Nuclear Reactor Regulation. PART 52—LICENSES, report.
(b) If the combined license CERTIFICATIONS, AND APPROVALS 52.80 Contents of applications; additional
application references an early site technical information.
FOR NUCLEAR POWER PLANTS 52.81 Standards for review of applications.
permit, then the presiding officer in a
General Provisions 52.83 Finality of referenced NRC approvals.
combined license hearing shall not
52.85 Administrative review of
admit contentions proffered by any Sec. applications; hearings.
party on environmental issues which 52.0 Scope; applicability of 10 CFR Chapter 52.87 Referral to the Advisory Committee
have been accorded finality under I provisions. on Reactor Safeguards (ACRS).
§ 52.39 of this chapter, unless this 52.1 Definitions. 52.89 [Reserved]
contention— 52.2 Interpretations. 52.91 Authorization to conduct site
(1) Demonstrates that the design of the 52.3 Written communications. activities.
facility falls outside the design 52.4 Deliberate misconduct. 52.93 Exemptions and variances.
parameters specified in the early site 52.5 Employee protection. 52.97 Issuance of combined licenses.
permit; 52.6 Completeness and accuracy of 52.98 Finality of combined licenses;
information. information requests.

(2) Demonstrates that the site no
52.7 Specific exemptions. 52.99 Inspection during construction.
longer falls within the site 52.8 Combining licenses. 52.103 Operation under a combined
characteristics specified in the early site 52.9 Jurisdictional limits. license.
permit; or 52.10 Attacks and destructive acts. 52.104 Duration of combined license.
(3) Raises any other significant 52.11 Information collection requirements: 52.105 Transfer of combined license.
environmental issue not considered OMB approval. 52.107 Application for renewal.
52.109 Continuation of combined license. standard design approvals, and License means a license, including an
52.110 Termination of license. manufacturing licenses for nuclear early site permit, combined license or
Subpart D—[Reserved] power facilities licensed under Section manufacturing license under this part or
103 of the Atomic Energy Act of 1954, a renewed license issued by the
Subpart E—Standard Design Approvals
as amended (68 Stat. 919), and Title II Commission under this part or part 54
52.131 Scope of subpart. of the Energy Reorganization Act of of this chapter.
52.133 Relationship to other subparts. 1974 (88 Stat. 1242). This part also gives Licensee means a person who is
52.135 Filing of applications.
52.136 Contents of applications; general
notice to all persons who knowingly authorized to conduct activities under a
information. provide to any holder of or applicant for license issued by the Commission.
52.137 Contents of applications; technical an approval, certification, permit, or Manufacturing license means a
information. license, or to a contractor, license, issued under subpart F of this
52.139 Standards for review of applications. subcontractor, or consultant of any of part, authorizing the manufacture of
52.141 Referral to the Advisory Committee them, components, equipment, nuclear power reactors but not their
on Reactor Safeguards (ACRS). materials, or other goods or services that construction, installation, or operation
52.143 Staff approval of design. relate to the activities of a holder of or at the sites on which the reactors are to
52.145 Finality of standard design
approvals; information requests.
applicant for an approval, certification, be operated.
52.147 Duration of design approval. permit, or license, subject to this part, Modular design means a nuclear
that they may be individually subject to power station that consists of two or
Subpart F—Manufacturing Licenses NRC enforcement action for violation of more essentially identical nuclear
52.151 Scope of subpart. the provisions in 10 CFR 50.5. reactors (modules) and each module is
52.153 Relationship to other subparts. (b) Unless otherwise specifically a separate nuclear reactor capable of
52.155 Filing of applications. provided for in this part, the regulations being operated independent of the state
52.156 Contents of applications; general in 10 CFR chapter I apply to a holder
information. of completion or operating condition of
52.157 Contents of applications; technical
of or applicant for an approval, any other module co-located on the
information in final safety analysis certification, permit, or license. A same site, even though the nuclear
report. holder of or applicant for an approval, power station may have some shared or
52.158 Contents of application; additional certification, permit, or license issued common systems.
technical information. under this part shall comply with all Prototype plant means a nuclear
52.159 Standards for review of applications. requirements in 10 CFR chapter I that power plant that is used to test new
52.161 [Reserved] are applicable. A license, approval, safety features, such as the testing
52.163 Administrative review of certification, or permit issued under this
applications; hearings. required under 10 CFR 50.43(e). The
part is subject to all requirements in 10 prototype plant is similar to a first-of-a-
52.165 Referral to the Advisory Committee
on Reactor Safeguards (ACRS). CFR chapter I which, by their terms, are kind or standard plant design in all
52.167 Issuance of manufacturing license. applicable to early site permits, design features and size, but may include
52.169 [Reserved] certifications, combined licenses, design additional safety features to protect the
52.171 Finality of manufacturing licenses; approvals, or manufacturing licenses. public and the plant staff from the
information requests. possible consequences of accidents
52.173 Duration of manufacturing license. § 52.1 Definitions.
during the testing period.
52.175 Transfer of manufacturing license. (a) As used in this part—
Site characteristics are the actual
52.177 Application for renewal. Combined license means a combined
52.179 Criteria for renewal. physical, environmental and
construction permit and operating
52.181 Duration of renewal. demographic features of a site. Site
license with conditions for a nuclear
characteristics are specified in an early
Subpart G—[Reserved] power facility issued under subpart C of
site permit or in a final safety analysis
this part.
Subpart H—Enforcement Decommission means to remove a report for a combined license.
52.301 Violations. facility or site safely from service and Site parameters are the postulated
52.303 Criminal penalties. reduce residual radioactivity to a level physical, environmental and
Appendix A to Part 52—Design Certification that permits— demographic features of an assumed
Rule for the U.S. Advanced Boiling (i) Release of the property for site. Site parameters are specified in a
Water Reactor standard design approval, standard
Appendix B to Part 52—Design Certification
unrestricted use and termination of the
license; or design certification, or a manufacturing
Rule for the System 80+ Design license.
Appendix C to Part 52—Design Certification (ii) Release of the property under
Rule for the AP600 Design restricted conditions and termination of Standard design means a design
Appendix D to Part 52—Design Certification the license. which is sufficiently detailed and
Rule for the AP1000 Design Design characteristics are the actual complete to support certification in
features of a reactor or reactors. Design accordance with subpart B or E of this
Authority: Secs. 103, 104, 161, 182, 183,
186, 189, 68 Stat. 936, 948, 953, 954, 955, characteristics are specified in a part, and which is usable for a multiple
956, as amended, sec. 234, 83 Stat. 444, as standard design approval, a standard number of units or at a multiple number
amended (42 U.S.C. 2133, 2201, 2232, 2233, design certification, or a combined of sites without reopening or repeating
2236, 2239, 2282); secs. 201, 202, 206, 88 license application. the review.
Stat. 1242, 1244, 1246, as amended (42 U.S.C. Design parameters are the postulated Standard design approval or design
5841, 5842, 5846). features of a reactor or reactors that approval means an NRC staff approval,
could be built at a proposed site. Design issued under subpart E of this part, of
General Provisions
parameters are specified in an early site a final standard design for a nuclear
§ 52.0 Scope; applicability of 10 CFR permit. power reactor of the type described in
Chapter I provisions. Early site permit means a Commission 10 CFR 50.22. The approval may be for
(a) This part governs the issuance of approval, issued under subpart A of this either the final design for the entire
early site permits, standard design part, for a site or sites for one or more reactor facility or the final design of
certifications, combined licenses, nuclear power facilities. major portions thereof.
Standard design certification or regulations in this part or individual (i) Physical security plan under
design certification means a license conditions, or the terms and § 52.79 of this chapter;
Commission approval, issued under conditions of an early site permit, must (ii) Safeguards contingency plan
subpart B of this part, of a final standard be submitted to the persons listed in under § 52.79 of this chapter;
design for a nuclear power facility. This paragraph (b)(1) of this section (iii) Change to security plan, guard
design may be referred to as a certified (addresses for the NRC Regional Offices training and qualification plan, or
standard design. are listed in appendix D to part 20 of safeguards contingency plan made
(b) All other terms in this part have this chapter). without prior Commission approval
the meaning set out in 10 CFR 50.2, or (1) Applications for amendment of under § 50.54(p) of this chapter;
Section 11 of the Atomic Energy Act, as permits and licenses; reports; and other (iv) Application for amendment of
applicable. communications. All written physical security plan, guard training
communications (including responses and qualification plan, or safeguards
§ 52.2 Interpretations. to: generic letters, bulletins, information contingency plan under § 50.90 of this
Except as specifically authorized by notices, regulatory information chapter.
the Commission in writing, no summaries, inspection reports, and (5) Emergency plan and related
interpretation of the meaning of the miscellaneous requests for additional submissions. Written communications
regulations in this part by any officer or information) that are required of holders as defined in paragraphs (b)(5)(i)
employee of the Commission other than of combined licenses or manufacturing through (iii) of this section must be
a written interpretation by the General licenses issued under this part must be submitted to the NRC’s Document
Counsel will be recognized to be submitted as follows, except as Control Desk, with a copy to the
binding upon the Commission. otherwise specified in paragraphs (b)(2) appropriate Regional Office, and a copy
through (b)(7) of this section: to the to the appropriate NRC Resident
§ 52.3 Written communications.
NRC’s Document Control Desk (if on Inspector if one has been assigned to the
(a) General requirements. All paper, the signed original), with a copy site of the facility. If the communication
correspondence, reports, applications, to the appropriate Regional Office, and is on paper, the submission to the
and other written communications from a copy to the appropriate NRC Resident Document Control Desk must be the
an applicant, licensee, or holder of a Inspector, if one has been assigned to signed original.
standard design approval to the Nuclear the site of the facility or the place of (i) Emergency plan under § 50.34 of
Regulatory Commission concerning the manufacture of a reactor licensed under this chapter;
regulations in this part, individual subpart F of this part. (ii) Change to an emergency plan
license conditions, or the terms and (2) Applications and amendments to under § 50.54(q) of this chapter;
conditions of an early site permit, must applications. Applications for early site (iii) Emergency implementing
be sent either by mail addressed: ATTN: permits, combined licenses, procedures under appendix E, Section V
Document Control Desk, U.S. Nuclear manufacturing licenses and of this part.
Regulatory Commission, Washington, amendments to any of these types of (6) Updated FSAR. An updated final
DC 20555–0001; by hand delivery to the applications must be submitted to the safety analysis report (FSAR) or
NRC’s offices at 11555 Rockville Pike, NRC’s Document Control Desk, with a replacement pages under § 50.71(e) of
Rockville, Maryland, between the hours copy to the appropriate Regional Office, this chapter, or the regulations in this
of 7:30 a.m. and 4:15 p.m. eastern time; and a copy to the appropriate NRC part must be submitted to the NRC’s
or, where practicable, by electronic Resident Inspector, if one has been Document Control Desk, with a copy to
submission, for example, via Electronic assigned to the site of the facility or the the appropriate Regional Office, and a
Information Exchange, e-mail, or CD– place of manufacture of a reactor copy to the appropriate NRC Resident
ROM. Electronic submissions must be licensed under subpart F of this part, Inspector if one has been assigned to the
made in a manner that enables the NRC except as otherwise specified in site of the facility or the place of
to receive, read, authenticate, distribute, paragraphs (b)(3) through (b)(7) of this manufacture of a reactor licensed under
and archive the submission, and process section. If the application or amendment subpart F of this part. Paper copy
and retrieve it a single page at a time. is on paper, the submission to the submissions may be made using
Detailed guidance on making electronic Document Control Desk must be the replacement pages; however, if a
submissions can be obtained by visiting signed original. licensee chooses to use electronic
the NRC’s Web site at http:// (3) Acceptance review application. submission, all subsequent updates or
www.nrc.gov/site-help/eie.html, by Written communications required for an submissions must be performed
calling (301) 415–6030, by e-mail at application for determination of electronically on a total replacement
EIE@nrc.gov, or by writing the Office of suitability for docketing must be basis. If the communication is on paper,
Information Services, U.S. Nuclear submitted to the NRC’s Document the submission to the Document Control
Regulatory Commission, Washington, Control Desk, with a copy to the Desk must be the signed original. If the
DC 20555–0001. The guidance appropriate Regional Office. If the communications are submitted
discusses, among other topics, the communication is on paper, the electronically, see Guidance for
formats the NRC can accept, the use of submission to the Document Control Electronic Submissions to the
electronic signatures, and the treatment Desk must be the signed original. Commission.
of nonpublic information. If the (4) Security plan and related (7) Quality assurance related
communication is on paper, the signed submissions. Written communications, submissions. (i) A change to the safety
original must be sent. If a submission as defined in paragraphs (b)(4)(i) analysis report quality assurance
due date falls on a Saturday, Sunday, or through (iv) of this section, must be program description under § 50.54(a)(3)
Federal holiday, the next Federal submitted to the NRC’s Document or § 50.55(f)(3) of this chapter, or a
working day becomes the official due Control Desk, with a copy to the change to a licensee’s NRC-accepted
date. appropriate Regional Office. If the quality assurance topical report under
(b) Distribution requirements. Copies communication is on paper, the § 50.54(a)(3) or § 50.55(f)(3) of this
of all correspondence, reports, and other submission to the Document Control chapter, must be submitted to the NRC’s
written communications concerning the Desk must be the signed original. Document Control Desk, with a copy to
the appropriate Regional Office, and a (6) Employee of an applicant for a the information knows to be incomplete
copy to the appropriate NRC Resident license, a standard design certification, or inaccurate in some respect material to
Inspector if one has been assigned to the or a standard design approval; the NRC.
site of the facility. If the communication (7) Any contractor (including a (d) A person or entity who violates
is on paper, the submission to the supplier or consultant), subcontractor, paragraph (a)(1) or (a)(2) of this section
Document Control Desk must be the or employee of a contractor or may be subject to enforcement action in
signed original. subcontractor of any licensee; or accordance with the procedures in 10
(ii) A change to an NRC-accepted (8) Any contractor (including a CFR part 2, subpart B.
quality assurance topical report from supplier or consultant), subcontractor,
or employee of a contractor or § 52.5 Employee protection.
nonlicensees (i.e., architect/engineers,
NSSS suppliers, fuel suppliers, subcontractor of any applicant for a (a) Discrimination by a Commission
constructors, etc.) must be submitted to license, a standard design certification, licensee, holder of a standard design
the NRC’s Document Control Desk. If or a standard design approval. approval, an applicant for a license,
the communication is on paper, the (b) Definitions. For purposes of this standard design certification, or
signed original must be sent. section: standard design approval, a contractor
Deliberate misconduct means an or subcontractor of a Commission
(8) Certification of permanent intentional act or omission that a person licensee, holder of a standard design
cessation of operations. The licensee’s or entity knows: approval, applicant for a license,
certification of permanent cessation of (i) Would cause a licensee or an standard design certification, or
operations under § 52.110(a)(1), must applicant for a license, standard design standard design approval, against an
state the date on which operations have certification, or standard design employee for engaging in certain
ceased or will cease, and must be approval to be in violation of any rule, protected activities is prohibited.
submitted to the NRC’s Document regulation, or order; or any term, Discrimination includes discharge and
Control Desk. This submission must be condition, or limitation, of any license, other actions that relate to
under oath or affirmation. standard design certification, or compensation, terms, conditions, or
(9) Certification of permanent fuel standard design approval; or privileges of employment. The protected
removal. The licensee’s certification of (ii) Constitutes a violation of a activities are established in Section 211
permanent fuel removal under requirement, procedure, instruction, of the Energy Reorganization Act of
§ 52.110(a)(1), must state the date on contract, purchase order, or policy of a 1974, as amended, and in general are
which the fuel was removed from the licensee, holder of a standard design related to the administration or
reactor vessel and the disposition of the approval, applicant for a license, enforcement of a requirement imposed
fuel, and must be submitted to the standard design certification, or under the Atomic Energy Act or the
NRC’s Document Control Desk. This standard design approval, or contractor, Energy Reorganization Act.
submission must be under oath or or subcontractor. (1) The protected activities include
affirmation. License means a license issued under but are not limited to:
(c) Form of communications. All this part, including an early site permit. (i) Providing the Commission or his or
paper copies submitted to meet the Licensee means any person holding a her employer information about alleged
requirements set forth in paragraph (b) license issued under this part, including violations of either of the statutes
of this section must be typewritten, an early site permit. named in the introductory text of
printed or otherwise reproduced in (c) Prohibition against deliberate paragraph (a) of this section or possible
permanent form on unglazed paper. misconduct. Any person or entity violations of requirements imposed
Exceptions to these requirements subject to this section, who knowingly under either of those statutes;
imposed on paper submissions may be provides to any licensee, any applicant (ii) Refusing to engage in any practice
granted for the submission of for a license, standard design made unlawful under either of the
micrographic, photographic, or similar certification or standard design statutes named in the introductory text
forms. approval, or a contractor, or of paragraph (a) of this section or under
(d) Regulation governing submission. subcontractor of a person or entity these requirements if the employee has
Applicants, licensees, and holders of subject to this section, any components, identified the alleged illegality to the
standard design approvals submitting equipment, materials, or other goods or employer;
correspondence, reports, and other services that relate to a licensee’s or (iii) Requesting the Commission to
written communications under the applicant’s activities under this part, institute action against his or her
regulations of this part are requested but may not: employer for the administration or
not required to cite whenever practical, (1) Engage in deliberate misconduct enforcement of these requirements;
in the upper right corner of the first that causes or would have caused, if not (iv) Testifying in any Commission
page of the submission, the specific detected, a licensee, holder of a proceeding, or before Congress, or at any
regulation or other basis requiring standard design approval, or applicant ederal or State proceeding regarding any
submission. to be in violation of any regulation or provision (or proposed provision) of
order; or any term, condition, or either of the statutes named in the
§ 52.4 Deliberate misconduct. limitation of any license issued by the introductory text of paragraph (a) of this
(a) Applicability. This section applies Commission, any standard design section; and
to any: approval, or standard design (v) Assisting or participating in, or is
(1) Licensee; certification; or about to assist or participate in, these
(2) Deliberately submit to the NRC; a activities.
(2) Applicant for a standard design licensee, an applicant for a license, (2) These activities are protected even
certification; standard design certification or standard if no formal proceeding is actually
(3) Applicant for a license; design approval; or a licensee’s, initiated as a result of the employee
(4) Applicant for a standard design standard design approval holder’s, or assistance or participation.
approval; applicant’s contractor or subcontractor, (3) This section has no application to
(5) Employee of a licensee. information that the person submitting any employee alleging discrimination
prohibited by this section who, acting copy on the way to or from their place applicant for a standard design
without direction from his or her of work. Premises must be posted not certification under this part following
employer (or the employer’s agent), later than thirty (30) days after an Commission adoption of a final design
deliberately causes a violation of any application is docketed and remain certification rule, and an applicant for a
requirement of the Energy posted while the application is pending license, a standard design certification,
Reorganization Act of 1974, as before the Commission, during the term or a standard design approval under this
amended, or the Atomic Energy Act of of the license, standard design part shall be complete and accurate in
1954, as amended. certification, or standard design all material respects.
(b) Any employee who believes that approval under part 52, and for 30 days (b) Each applicant or licensee, each
he or she has been discharged or following license termination or the holder of a standard design approval
otherwise discriminated against by any expiration or termination of the under this part, and each applicant for
person for engaging in protected standard design certification or standard a standard design certification under
activities specified in paragraph (a)(1) of design approval under part 52. this part following Commission
this section may seek a remedy for the (2) Copies of NRC Form 3 may be adoption of a final design certification
discharge or discrimination through an obtained by writing to the Regional regulation, shall notify the Commission
administrative proceeding in the Administrator of the appropriate U.S. of information identified by the
Department of Labor. The Nuclear Regulatory Commission applicant or the licensee as having for
administrative proceeding must be Regional Office listed in appendix D to the regulated activity a significant
initiated within 180 days after an part 20 of this chapter, by calling (301) implication for public health and safety
alleged violation occurs. The employee 415–5877, via e-mail to forms@nrc.gov, or common defense and security. An
may do this by filing a complaint or by visiting the NRC’s Web site at applicant, licensee, or holder violates
alleging the violation with the http://www.nrc.gov and selecting forms this paragraph only if the applicant,
Department of Labor, Employment from the index found on the NRC’s licensee, or holder fails to notify the
Standards Administration, Wage and home page. Commission of information that the
Hour Division. The Department of Labor (f) No agreement affecting the applicant, licensee, or holder has been
may order reinstatement, back pay, and compensation, terms, conditions, or identified as having a significant
compensatory damages. privileges of employment, including an implication for public health and safety
(c) A violation of paragraph (a), (e), or agreement to settle a complaint filed by or common defense and security.
(f) of this section by a Commission an employee with the Department of Notification shall be provided to the
licensee, a holder of a standard design Labor under Section 211 of the Energy Administrator of the appropriate
approval, an applicant for a Commission Reorganization Act of 1974, as Regional Office within 2 working days
license, standard design certification, or amended, may contain any provision of identifying the information. This
a standard design approval, or a which would prohibit, restrict, or requirement is not applicable to
contractor or subcontractor of a otherwise discourage an employee from information which is already required to
Commission licensee, holder of a participating in protected activity as be provided to the Commission by other
standard design approval, or any defined in paragraph (a)(1) of this reporting or updating requirements.
applicant may be grounds for— section including, but not limited to,
(1) Denial, revocation, or suspension providing information to the NRC or to § 52.7 Specific exemptions.
of the license or standard design his or her employer on potential The Commission may, upon
approval; violations or other matters within NRC’s application by any interested person or
(2) Withdrawal or revocation of a regulatory responsibilities. upon its own initiative, grant
proposed or final rule; (g) Part 19 of this chapter sets forth exemptions from the requirements of
(3) Imposition of a civil penalty on the requirements and regulatory provisions the regulations of this part. The
licensee, holder of a standard design applicable to licensees, holders of a Commission’s consideration will be
approval, or applicant; or standard design approval, applicants for governed by § 50.12 of this chapter,
(4) Other enforcement action. a license, standard design certification, unless other criteria are provided for in
(d) Actions taken by an employer, or or standard design approval, and this part, in which case the
others, which adversely affect an contractors or subcontractors of a Commission’s consideration will be
employee may be predicated upon Commission licensee, or holder of a governed by the criteria in this part.
nondiscriminatory grounds. The standard design approval, and are in Only if those criteria are not met will
prohibition applies when the adverse addition to the requirements in this the Commission’s consideration be
action occurs because the employee has section. governed by § 50.12. The Commission’s
engaged in protected activities. An consideration of requests for exemptions
employee’s engagement in protected § 52.6 Completeness and accuracy of
information. from requirements of the regulations of
activities does not automatically render other parts in this chapter, which are
him or her immune from discharge or (a) Information provided to the
applicable by virtue of this part, shall be
discipline for legitimate reasons or from Commission by a licensee (including a
governed by the exemption
adverse action dictated by construction permit holder, and a
requirements of those parts.
nonprohibited considerations. combined license holder), a holder of a
(e)(1) Each licensee, each holder of a standard design approval under this § 52.8 Combining licenses.
standard design approval, and each part, and an applicant for a license or an The Commission may combine in a
applicant for a license, standard design applicant for a standard design single license the activities of an
certification, or standard design certification or a standard design applicant which would otherwise be
approval, shall prominently post the approval under this part, and licensed separately.
revision of NRC Form 3, ‘‘Notice to information required by statute or by the
Employees,’’ referenced in 10 CFR Commission’s regulations, orders, or § 52.9 Jurisdictional limits.
19.11(c). This form must be posted at license conditions to be maintained by No license, standard design approval,
locations sufficient to permit employees the licensee, the holder of a standard or standard design certification under
protected by this section to observe a design approval under this part, the this part shall be deemed to have been
issued for activities which are not under an early site permit from the (ix) A description and safety
or within the jurisdiction of the United Commission separately from an assessment of the site on which a
States. application for a construction permit or facility is to be located. The assessment
a combined license. must contain an analysis and evaluation
§ 52.10 Attacks and destructive acts.
of the major structures, systems, and
Neither an applicant for a license to § 52.15 Filing of applications. components of the facility that bear
manufacture, construct, and operate a (a) Any person who may apply for a significantly on the acceptability of the
utilization facility under this part, nor construction permit under 10 CFR part site under the radiological consequence
for an amendment to this license, or an 50, or for a combined license under this evaluation factors identified in
applicant for an early site permit, a part, may file an application for an early paragraphs (a)(1)(ix)(A) and (a)(1)(ix)(B)
standard design certification, or site permit with the Director, Office of of this section. In performing this
standard design approval under this Nuclear Reactor Regulation. An assessment, an applicant shall assume a
part, or for an amendment to the application for an early site permit may fission product release 1 from the core
standard design certification or be filed notwithstanding the fact that an into the containment assuming that the
approval, is required to provide for application for a construction permit or facility is operated at the ultimate power
design features or other measures for the a combined license has not been filed in level contemplated. The applicant shall
specific purpose of protection against connection with the site for which a perform an evaluation and analysis of
the effects of— permit is sought. the postulated fission product release,
(a) Attacks and destructive acts, (b) The application must comply with using the expected demonstrable
including sabotage, directed against the the applicable filing requirements of containment leak rate and any fission
facility by an enemy of the United §§ 52.3 and 50.30 of this chapter. product cleanup systems intended to
States, whether a foreign government or (c) The fees associated with the filing mitigate the consequences of the
other person; or and review of an application for the accidents, together with applicable site
(b) Use or deployment of weapons initial issuance or renewal of an early characteristics, including site
incident to U.S. defense activities. site permit are set forth in 10 CFR part meteorology, to evaluate the offsite
170. radiological consequences. Site
§ 52.11 Information collection
requirements: OMB approval. § 52.16 Contents of applications; general characteristics must comply with part
(a) The Nuclear Regulatory information. 100 of this chapter. The evaluation must
Commission has submitted the The application must contain all of determine that:
information collection requirements the information required by 10 CFR (A) An individual located at any point
contained in this part to the Office of 50.33(a) through (d) and (j) of this on the boundary of the exclusion area
Management and Budget (OMB) for chapter. for any 2 hour period following the
approval as required by the Paperwork onset of the postulated fission product
Reduction Act (44 U.S.C. 3501 et seq.). § 52.17 Contents of applications; technical release, would not receive a radiation
The NRC may not conduct or sponsor, information. dose in excess of 25 rem 2 total effective
and a person is not required to respond (a) The application must contain: dose equivalent (TEDE).
to, a collection of information unless it (1) A site safety analysis report. The (B) An individual located at any point
displays a currently valid OMB control site safety analysis report shall include on the outer boundary of the low
number. OMB has approved the the following: population zone, who is exposed to the
information collection requirements (i) The specific number, type, and radioactive cloud resulting from the
contained in this part under Control thermal power level of the facilities, or postulated fission product release
Number 3150–0151. range of possible facilities, for which the (during the entire period of its passage)
(b) The approved information site may be used; would not receive a radiation dose in
collection requirements contained in (ii) The anticipated maximum levels excess of 25 rem TEDE;
this part appear in §§ 52.7, 52.15, 52.16, of radiological and thermal effluents (x) For nuclear power facilities to be
52.17, 52.29, 52.35, 52.39, 52.45, 52.46, each facility will produce; sited on multi-unit sites, an evaluation
(iii) The type of cooling systems,
52.47, 52.57, 52.63, 52.75, 52.77, 52.79, of the potential hazards to the
intakes, and outflows that may be
52.80, 52.93, 52.99, 52.110, 52.135,
associated with each facility;
52.136, 52.137, 52.155, 52.156, 52.157, 1 The fission product release assumed for this
(iv) The boundaries of the site; evaluation should be based upon a major accident,
52.158, 52.171, 52.177, and appendices (v) The proposed general location of hypothesized for purposes of site analysis or
A, B, C, and D. each facility on the site; postulated from considerations of possible
(vi) The seismic, meteorological, accidental events. Such accidents have generally
Subpart A—Early Site Permits been assumed to result in substantial meltdown of
hydrologic, and geologic characteristics the core with subsequent release into the
§ 52.12 Scope of subpart. of the proposed site with appropriate containment of appreciable quantities of fission
This subpart sets out the requirements consideration of the most severe of the products.
and procedures applicable to natural phenomena that have been 2 A whole body dose of 25 rem has been stated
historically reported for the site and to correspond numerically to the once in a lifetime
Commission issuance of an early site accidental or emergency dose for radiation workers
permit for approval of a site for one or surrounding area and with sufficient which, according to NCRP recommendations at the
more nuclear power facilities separate margin for the limited accuracy, time could be disregarded in the determination of
from the filing of an application for a quantity, and period of time in which their radiation exposure status (see NBS Handbook
the historical data have been 69 dated June 5, 1959). However, its use is not
construction permit or combined license intended to imply that this number constitutes an
for the facility. accumulated;
acceptable limit for an emergency dose to the public

(vii) The location and description of under accident conditions. Rather, this dose value
§ 52.13 Relationship to other subparts. any nearby industrial, military, or has been set forth in this section as a reference
This subpart applies when any person transportation facilities and routes; value, which can be used in the evaluation of plant
design features with respect to postulated reactor
who may apply for a construction (viii) The existing and projected accidents, to assure that these designs provide
permit under 10 CFR part 50, or for a future population profile of the area assurance of low risk of public exposure to
combined license under this part seeks surrounding the site; radiation, in the event of an accident.
structures, systems, and components (2) The application may also: (iii) That these agencies are
important to safety of operating units (i) Propose major features of the committed to executing their
resulting from construction activities, as emergency plans in the site safety responsibilities under the plans in the
well as a description of the managerial analysis report, in accordance with the event of an emergency.
and administrative controls to be used pertinent standards of 10 CFR 50.47, (c) If the applicant requests
to provide assurance that the limiting and the requirements of appendix E to authorization to perform activities at the
conditions for operation are not 10 CFR part 50, such as the exact size site, which are identified in 10 CFR
exceeded as a result of construction and configuration of the emergency 50.10(e)(1), after issuance of the early
activities at the multi-unit sites; planning zones, that can be reviewed site permit and without a separate
(xi) Information demonstrating that and approved by NRC in consultation authorization under 10 CFR 50.10(e)(1),
site characteristics are such that with the Federal Emergency the applicant must identify and describe
adequate security plans and measures Management Agency (FEMA) in the in the site safety analysis report the
can be developed; absence of complete and integrated activities that are requested, and
(xii) For applications submitted after emergency plans; or propose a plan in the environmental
[insert date of final rule], a description (ii) Propose complete and integrated report for redress of the site in the event
of the quality assurance program emergency plans in the site safety that the activities are performed and the
applied to site-related activities for the analysis report for review and approval early site permit expires before it is
future design, fabrication, construction, by the NRC, in consultation with FEMA, referenced in an application for a
and testing of the structures, systems, in accordance with the applicable construction permit or a combined
and components of a facility or facilities standards of 10 CFR 50.47, and the license. The application must
that may be constructed on the site. requirements of appendix E to 10 CFR demonstrate that there is reasonable
Appendix B to 10 CFR Part 50 sets forth part 50. To the extent approval of assurance that redress carried out under
the requirements for quality assurance emergency plans is sought, the the plan will achieve an
programs for nuclear power plants. The application must contain the environmentally stable and aesthetically
description of the quality assurance information required by §§ 50.33(g) and acceptable site suitable for whatever
program for a nuclear power plant site (j) of this chapter. non-nuclear use may conform with local
shall include a discussion of how the (3) Emergency plans, and each major zoning laws.
applicable requirements of appendix B feature of an emergency plan, submitted (d) The NRC staff will advise the
of this part will be satisfied; and under paragraph (b)(2) of this section applicant on whether any information
(xiii) An evaluation of the site against must include the proposed inspections, beyond that required by this section
applicable sections of the Standard tests, and analyses that the holder of a must be submitted.
Review Plan (SRP) revision in effect 6 combined license referencing the early
months before the docket date of the site permit shall perform, and the § 52.18 Standards for review of
application. The evaluation required by acceptance criteria that are necessary applications.
this section shall include an and sufficient to provide reasonable Applications filed under this subpart
identification and description of all assurance that, if the inspections, tests, will be reviewed according to the
differences in analytical techniques and and analyses are performed and the applicable standards set out in 10 CFR
procedural measures proposed for a site acceptance criteria met, the facility has part 50 and its appendices and 10 CFR
and those corresponding techniques and been constructed and will operate in part 100. In addition, the Commission
measures given in the SRP acceptance conformity with the license, the shall prepare an environmental impact
criteria. Where such a difference exists, provisions of the Atomic Energy Act, statement during review of the
the evaluation shall discuss how the and the NRC’s regulations. application, in accordance with the
proposed alternative provides an (4) Under paragraphs (b)(1) and applicable provisions of 10 CFR part 51.
acceptable method of complying with (b)(2)(i) of this section, the application The Commission shall determine, after
the Commission’s regulations, or must include a description of contacts consultation with FEMA, whether the
portions thereof, that underlie the and arrangements made with Federal, information required of the applicant by
corresponding SRP acceptance criteria. State, and local governmental agencies § 52.17(b)(1) shows that there is no
The SRP was issued to establish criteria with emergency planning significant impediment to the
that the NRC staff intends to use in responsibilities. The application must development of emergency plans that
evaluating whether an applicant/ contain any certifications that have been cannot be mitigated or eliminated by
licensee meets the Commission’s obtained. If these certifications cannot measures proposed by the applicant,
regulations. The SRP is not a substitute be obtained, the application must whether any major features of
for the regulations, and compliance is contain information, including a utility emergency plans submitted by the
not a requirement. plan, sufficient to show that the applicant under § 52.17(b)(2)(i) are
(2) A complete environmental report proposed plans provide reasonable acceptable in accordance with the
as required by 10 CFR 51.50(b). assurance that adequate protective applicable standards of 10 CFR 50.47
(b)(1) The application must identify measures can and will be taken in the and the requirements of appendix E to
physical characteristics of the proposed event of a radiological emergency at the 10 CFR part 50, and whether any
site, such as egress limitations from the site. Under the option set forth in emergency plans submitted by the
area surrounding the site, that could paragraph (b)(2)(ii) of this section, the applicant under § 52.17(b)(2)(ii) provide
pose a significant impediment to the applicant shall make good faith efforts reasonable assurance that adequate
development of emergency plans. If to obtain from the same governmental protective measures can and will be
physical characteristics are identified agencies certifications that:
taken in the event of a radiological

that could pose a significant (i) The proposed emergency plans are emergency.
impediment to the development of practicable;
emergency plans, the application must (ii) These agencies are committed to § 52.21 Administrative review of
identify measures that would, when participating in any further applications: hearings.
implemented, mitigate or eliminate the development of the plans, including any An early site permit is subject to all
significant impediment. required field demonstrations, and procedural requirements in 10 CFR part
2, including the requirements for (6) Issuance of the permit will not be begins under a combined license which
docketing in § 2.101(a)(1) through (4) of inimical to the common defense and references the early site permit.
this chapter, and the requirements for security or to the health and safety of (c) An applicant for a construction
issuance of a notice of hearing in the public; permit or combined license may, at its
§§ 2.104(a) and (d) of this chapter (7) Any significant adverse own risk, reference in its application a
provided that the designated sections environmental impact resulting from site for which an early site permit
may not be construed to require that the activities requested under § 52.17(c) can application has been docketed but not
environmental report, or draft or final be redressed; and granted.
environmental impact statement include (8) The findings required by subpart § 52.28 Transfer of early site permit.
an assessment of the benefits of A of 10 CFR part 51 have been made.
construction and operation of the An application to transfer an early site
(b) The early site permit shall specify
reactor or reactors, or an analysis of permit will be processed under 10 CFR
the site characteristics, design
alternative energy sources. The 50.80.
parameters, and terms and conditions of
presiding officer in an early site permit the early site permit the Commission § 52.29 Application for renewal.
hearing shall not admit contentions deems appropriate. Before issuance of (a) Not less than 12, nor more than 36
proffered by any party concerning an either a construction permit or months before the expiration date stated
assessment of the benefits of combined license referencing an early in the early site permit, or any later
construction and operation of the site permit, the Commission shall find renewal period, the permit holder may
reactor or reactors, or an analysis of that any relevant terms and conditions apply for a renewal of the permit. An
alternative energy sources if those issues of the early site permit have been met. application for renewal must contain all
were not addressed by the applicant in (c) The early site permit shall specify information necessary to bring up to
the early site permit application. All the activities under § 52.17(c) that the date the information and data contained
hearings conducted on applications for permit holder is authorized to perform. in the previous application.
early site permits filed under this part
(b) Any person whose interests may
are governed by the procedures § 52.25 Extent of activities permitted.
be affected by renewal of the permit
contained in subparts C, G, and L of 10 If the activities authorized by may request a hearing on the
CFR part 2, as applicable. § 52.24(c) are performed and the site is application for renewal. The request for
§ 52.23 Referral to the Advisory Committee
not referenced in an application for a a hearing must comply with 10 CFR
on Reactor Safeguards (ACRS). construction permit or a combined 2.309. If a hearing is granted, notice of
license issued under subpart C of this the hearing will be published in
The Commission shall refer a copy of part while the permit remains valid,
the application for an early site permit accordance with 10 CFR 2.309.
then the early site permit remains in (c) An early site permit, either original
to the ACRS. The ACRS shall report on effect solely for the purpose of site
those portions of the application which or renewed, for which a timely
redress, and the holder of the permit application for renewal has been filed,
concern safety. shall redress the site in accordance with remains in effect until the Commission
§ 52.24 Issuance of early site permit. the terms of the site redress plan has determined whether to renew the
required by § 52.17(c). If, before redress permit. If the permit is not renewed, it
(a) After conducting a hearing under
is complete, a use not envisaged in the continues to be valid in certain
§ 52.21 and receiving the report to be
redress plan is found for the site or parts proceedings in accordance with the
submitted by the ACRS under § 52.23,
thereof, the holder of the permit shall provisions of § 52.27(b).
the Commission may issue an early site
carry out the redress plan to the greatest (d) The Commission shall refer a copy
permit, in the form the Commission
extent possible consistent with the of the application for renewal to the
deems appropriate, if the Commission
alternate use. ACRS. The ACRS shall report on those
finds that:
(1) An application for an early site § 52.27 Duration of permit. portions of the application which
permit meets the applicable standards concern safety and shall apply the
(a) Except as provided in paragraph criteria set forth in § 52.31.
and requirements of the Act and the (b) of this section, an early site permit
Commission’s regulations; issued under this subpart may be valid § 52.31 Criteria for renewal.
(2) Notifications, if any, to other for not less than 10, nor more than 20 (a) The Commission shall grant the
agencies or bodies have been duly years from the date of issuance. renewal if it determines that:
made; (b)(1) An early site permit continues (1) The site complies with the Act, the
(3) There is reasonable assurance that to be valid beyond the date of expiration Commission’s regulations, and orders
the site is in conformity with the in any proceeding on a construction applicable and in effect at the time the
provisions of the Act, and the permit application or a combined site permit was originally issued; and
Commission’s regulations; license application that references the (2) Any new requirements the
(4) The applicant is technically early site permit and is docketed before Commission may wish to impose are:
qualified to engage in any activities the date of expiration of the early site (i) Necessary for adequate protection
authorized; permit, or, if a timely application for to public health and safety or common
(5) The proposed inspections, tests, renewal of the permit has been filed, defense and security;
analyses and acceptance criteria, before the Commission has determined (ii) Necessary for compliance with the
including any on emergency planning, whether to renew the permit. Commission’s regulations, and orders
are necessary and sufficient, within the (2) An early site permit also continues applicable and in effect at the time the
scope of the early site permit, to provide to be valid beyond the date of expiration site permit was originally issued; or
reasonable assurance that the facility in any proceeding on an operating (iii) A substantial increase in overall
has been constructed and will be license application which is based on a protection of the public health and
operated in conformity with the license, construction permit that references the safety or the common defense and
the provisions of the Act, and the early site permit, and in any hearing security to be derived from the new
Commission’s regulations; held under § 52.103 before operation requirements, and the direct and
indirect costs of implementation of operating license, or combined license, prepared by the Commission in
those requirements are justified in view or the findings required by § 52.103, if connection with the early site permits.
of this increased protection. the application for the construction (2) Any person may file a petition
(b) A denial of renewal for failure to permit, operating license, or combined requesting that the site characteristics,
comply with the provisions of § 52.31(a) license references an early site permit, design parameters, or terms and
does not bar the permit holder or the Commission shall treat as resolved conditions of the early site permit
another applicant from filing a new those matters resolved in the proceeding should be modified, or that the permit
application for the site which proposes on the application for issuance or should be suspended or revoked. The
changes to the site or the way that it is renewal of the early site permit, except petition will be considered in
used to correct the deficiencies cited in as provided for in paragraphs (b), (c) accordance with § 2.206 of this chapter.
the denial of the renewal. and (d) of this section. If the early site Before construction commences, the
permit approved an emergency plan (or Commission shall consider the petition
§ 52.33 Duration of renewal. major features thereof) that are in use by and determine whether any immediate
Each renewal of an early site permit a licensee of a nuclear power plant, the action is required. If the petition is
may be for not less than 10, nor more Commission shall treat as resolved granted, an appropriate order will be
than 20 years. changes to the early site permit issued. Construction under the
emergency plan (or major features construction permit or combined license
§ 52.35 Use of site for other purposes.
thereof) that are identical to changes will not be affected by the granting of
A site for which an early site permit made to the licensee’s emergency plans
has been issued under this subpart may the petition unless the order is made
in compliance with § 50.54(q) of this immediately effective. Any change
be used for purposes other than those chapter occurring after issuance of the
described in the permit, including the required by the Commission in response
early site permit. to the petition must meet the
location of other types of energy (b) Updating of early site permit-
facilities. The permit holder shall requirements of paragraph (a)(1) of this
emergency preparedness. An applicant section.
inform the Director of Nuclear Reactor for a construction permit, operating
Regulation (Director) of any significant license, or combined license who has (d) Variances. An applicant for a
uses for the site which have not been filed an application referencing an early construction permit, operating license,
approved in the early site permit. The site permit issued under this subpart or combined license referencing an early
information about the activities must be shall update the emergency site permit may include in its
given to the Director at least 30 days in preparedness information that was application a request for a variance from
advance of any actual construction or provided under § 52.17(b), and discuss one or more site characteristics, design
site modification for the activities. The whether the updated information parameters, or terms and conditions of
information provided could be the basis materially changes the bases for the early site permit. In determining
for imposing new requirements on the compliance with applicable NRC whether to grant the variance, the
permit, in accordance with the requirements. Commission shall apply the same
provisions of § 52.39. If the permit (c) Hearings and petitions. (1) In any technically relevant criteria applicable
holder informs the Director that the proceeding for the issuance of a to the application for the original or
holder no longer intends to use the site construction permit, operating license, renewed early site permit. A variance
for a nuclear power plant, the Director or combined license referencing an early will not be issued once the construction
may terminate the permit. site permit, contentions on the permit, operating license, or combined
following matters may be litigated in the license is issued.
§ 52.39 Finality of early site permit (e) Information requests. Except for
same manner as other issues material to
determinations. information requests seeking to verify
the proceeding:
(a) Commission finality. (1) (i) The nuclear power reactor compliance with the current licensing
Notwithstanding any provision in 10 proposed to be built does not fit within basis of the early site permit,
CFR 50.109, while an early site permit one or more of the site characteristics or information requests to the holder of an
is in effect under §§ 52.27 or 52.33, the design parameters included in the early early site permit must be evaluated
Commission may not change or impose site permit; before issuance to ensure that the
new site characteristics, design (ii) One or more of the terms and burden to be imposed on respondents is
parameters, or terms and conditions, conditions of the early site permit have justified in view of the potential safety
including emergency planning not been met; significance of the issue to be addressed
requirements, on the early site permit (iii) A variance requested under in the requested information. Each
unless the Commission: paragraph (d) of this section is evaluation performed by the NRC staff
(i) Determines that a modification is unwarranted or should be modified; must be in accordance with 10 CFR
necessary to bring the permit or the site (iv) New or additional information is 50.54(f), and must be approved by the
into compliance with the Commission’s provided in the application which Executive Director for Operations or his
regulations and orders applicable and in materially affects the Commission’s or her designee before issuance of the
effect at the time the permit was issued; earlier determination on emergency request.
(ii) Determines the modification is preparedness, or is needed to correct
necessary to assure adequate protection inaccuracies in the emergency Subpart B—Standard Design
of the public health and safety or the preparedness information approved in Certifications
common defense and security; the early site permit; or
(iii) Determines that a modification is (v) Any significant environmental § 52.41 Scope of subpart.
necessary based on an update under issue not considered which is material (a) This subpart sets forth the
paragraph (b) of this section; or to the site or the design to the extent requirements and procedures applicable
(iv) Issues a variance requested under that it differs from those discussed or it to Commission issuance of rules
paragraph (d) of this section. reflects significant new information in granting standard design certification
(2) In making the findings required for addition to that discussed in the final for nuclear power facilities separate
issuance of a construction permit, environmental impact statement from the filing of an application for a
construction permit or combined license applicant’s proposed means of assuring power level and the nature and
for such a facility. that construction conforms to the design inventory of contained radioactive
(b)(1) Any person may seek a standard and to reach a final conclusion on all materials;
design certification for an essentially safety questions associated with the (ii) The extent to which generally
complete nuclear power plant design design before the certification is accepted engineering standards are
which is an evolutionary change from granted. The information submitted for applied to the design of the reactor;
light water reactor designs of plants a design certification must include (iii) The extent to which the reactor
which have been licensed and in performance requirements and design incorporates unique, unusual or
commercial operation before April 18, information sufficiently detailed to enhanced safety features having a
1989. permit the preparation of acceptance significant bearing on the probability or
(2) Any person may also seek a and inspection requirements by the consequences of accidental release of
standard design certification for a NRC, and procurement specifications radioactive materials; and
nuclear power plant design which and construction and installation (iv) The safety features that are to be
differs significantly from the light water specifications by an applicant. The engineered into the facility and those
reactor designs described in paragraph Commission will require, before design barriers that must be breached as a
(b)(1) of this section or uses simplified, certification, that information normally result of an accident before a release of
inherent, passive, or other innovative contained in certain procurement radioactive material to the environment
means to accomplish its safety specifications and construction and can occur. Special attention must be
functions. installation specifications be completed directed to plant design features
and available for audit if the intended to mitigate the radiological
§ 52.43 Relationship to other subparts. information is necessary for the consequences of accidents. In
(a) This subpart applies to a person Commission to make its safety performing this assessment, an
that requests a standard design determination. applicant shall assume a fission product
certification from the NRC separately (a) The application must contain a release 3 from the core into the
from an application for a combined final safety analysis report that containment assuming that the facility
license filed under subpart C of this part describes the facility, presents the is operated at the ultimate power level
for a nuclear power facility. An design bases and the limits on its contemplated. The applicant shall
applicant for a combined license may operation, and presents a safety analysis perform an evaluation and analysis of
reference a standard design certification. of the structures, systems, and the postulated fission product release,
(b) Subpart E of this part governs the components and of the facility as a using the expected demonstrable
NRC staff review and approval of a final whole, and must include the following containment leak rate and any fission
standard design. Subpart E may be used information: product cleanup systems intended to
independently of the provisions in this (1) The site parameters postulated for
mitigate the consequences of the
subpart. the design, and an analysis and
(c) Subpart F of this part governs the accidents, together with applicable
evaluation of the design in terms of
issuance of licenses to manufacture postulated site parameters, including
those site parameters;
nuclear power reactors to be installed (2) A description and analysis of the site meteorology, to evaluate the offsite
and operated at sites not identified in structures, systems, and components radiological consequences. The
the manufacturing license application. (SSCs) of the facility, with emphasis evaluation must determine that:
Subpart F may be used independently of upon performance requirements, the (A) An individual located at any point
the provisions in this subpart. bases, with technical justification on the boundary of the exclusion area
therefor, upon which these for any 2 hour period following the
§ 52.45 Filing of applications. requirements have been established, and onset of the postulated fission product
(a) An application for design the evaluations required to show that release, would not receive a radiation
certification may be filed safety functions will be accomplished. It dose in excess of 25 rem 4 total effective
notwithstanding the fact that an is expected that the standard plant will dose equivalent (TEDE);
application for a construction permit or reflect through its design, construction, (B) An individual located at any point
combined license for such a facility has and operation an extremely low on the outer boundary of the low
not been filed. probability for accidents that could
(b) The application must comply with result in the release of significant
3 The fission product release assumed for this
the applicable filing requirements of evaluation should be based upon a major accident,
quantities of radioactive fission hypothesized for purposes of site analysis or
§ 52.3 and §§ 2.811 through 2.819 of this products. The description shall be postulated from considerations of possible
chapter. sufficient to permit understanding of the accidental events. These accidents have generally
(c) The fees associated with the system designs and their relationship to been assumed to result in substantial meltdown of
review of an application for the initial the core with subsequent release into the
the safety evaluations. Such items as the containment of appreciable quantities of fission
issuance or renewal of a standard design reactor core, reactor coolant system, products.
certification are set forth in 10 CFR part instrumentation and control systems, 4 A whole body dose of 25 rem has been stated
170. electrical systems, containment system, to correspond numerically to the once in a lifetime
accidental or emergency dose for radiation workers
§ 52.46 Contents of applications; general other engineered safety features, which, according to NCRP recommendations at the
information. auxiliary and emergency systems, power time could be disregarded in the determination of
The application must contain all of conversion systems, radioactive waste their radiation exposure status (see NBS Handbook
handling systems, and fuel handling 69 dated June 5, 1959). However, its use is not
the information required by 10 CFR intended to imply that this number constitutes an
systems shall be discussed insofar as
50.33(a) through (c) and (j). acceptable limit for an emergency dose to the public
they are pertinent. The following power under accident conditions. This dose value has
§ 52.47 Contents of applications; technical reactor design characteristics will be been set forth in this section as a reference value,
information. taken into consideration by the which can be used in the evaluation of plant design
features with respect to postulated reactor
The application must contain a level Commission: accidents, to assure that these designs provide
of design information sufficient to (i) Intended use of the reactor assurance of low risk of public exposure to
enable the Commission to judge the including the proposed maximum radiation, in the event of an accident.
population zone, who is exposed to the construction and operation and the programs for nuclear power plants. The
radioactive cloud resulting from the design features for controlling and description of the quality assurance
postulated fission product release limiting radioactive effluents and program for a nuclear power plant shall
(during the entire period of its passage) radiation exposures within the limits set include a discussion of how the
would not receive a radiation dose in forth in 10 CFR part 20; applicable requirements of appendix B
excess of 25 rem TEDE; (10) The information with respect to to 10 CFR part 50 will be satisfied;
(3) The design of the facility the design of equipment to maintain (22) Proposed technical specifications
including: control over radioactive materials in prepared in accordance with the
(i) The principal design criteria for the gaseous and liquid effluents produced requirements of §§ 50.36 and 50.36a of
facility. Appendix A to 10 CFR part 50, during normal reactor operations this chapter;
general design criteria (GDC), described in 10 CFR 50.34a(e); (23) The technical qualifications of
establishes minimum requirements for (11) The information on electric the applicant to engage in the proposed
the principal design criteria for water- equipment important to safety that is activities in accordance with the
cooled nuclear power plants similar in required by 10 CFR 50.49(d); regulations in this chapter;
design and location to plants for which (12) Information demonstrating how (24) A description of the design
construction permits have previously the applicant will comply with features that will provide physical
been issued by the Commission and requirements for reduction of risk from protection of the standard plant design
provides guidance to applicants in anticipated transients without scram in accordance with the requirements of
establishing principal design criteria for (ATWS) events in § 50.62; 10 CFR part 73;
other types of nuclear power units; (13) Information demonstrating how (25) A representative conceptual
(ii) The design bases and the relation the applicant will comply with design for those portions of the standard
of the design bases to the principal requirements for criticality accidents in plant for which the application does not
design criteria; § 50.68(b)(2) through (b)(4); seek certification, to aid the NRC in its
(iii) Information relative to materials (14) through (15) [Reserved] review of the final safety analysis and
of construction, general arrangement, (16) The information necessary to probabilistic risk assessment, and to
and approximate dimensions, sufficient demonstrate that SSCs important to permit assessment of the adequacy of
to provide reasonable assurance that the safety comply with the earthquake the interface requirements in paragraph
design will conform to the design bases engineering criteria in 10 CFR part 50, (b)(3) of this section;
with an adequate margin for safety; appendix S; (26) An evaluation of the standard
(4) An analysis and evaluation of the (17) The information necessary to plant design against the Standard
design and performance of structures, demonstrate compliance with any Review Plan (SRP) revision in effect 6
systems, and components with the technically relevant portions of the months before the docket date of the
objective of assessing the risk to public Three Mile Island requirements set forth application. The evaluation required by
health and safety resulting from in 10 CFR 50.34(f), except paragraphs this section shall include an
operation of the facility and including (f)(1)(xii), (f)(2)(ix), and (f)(3)(v); identification and description of all
determination of the margins of safety (18) The information necessary to differences in design features, analytical
during normal operations and transient demonstrate technical resolutions of techniques, and procedural measures
conditions anticipated during the life of those unresolved safety issues and proposed for a facility and those
the facility, and the adequacy of medium- and high-priority generic corresponding features, techniques, and
structures, systems, and components safety issues that are identified in the measures given in the SRP acceptance
provided for the prevention of accidents version of NUREG–0933 current on the criteria. Where a difference exists, the
and the mitigation of the consequences date 6 months before the docket date of evaluation shall discuss how the
of accidents. Analysis and evaluation of the application and that are technically proposed alternative provides an
emergency core cooling system (ECCS) relevant to the standard plant design; acceptable method of complying with
cooling performance and the need for (19) The information necessary to the Commission’s regulations, or
high-point vents following postulated demonstrate how operating experience portions thereof, that underlie the
loss-of-coolant accidents shall be insights from generic letters and corresponding SRP acceptance criteria.
performed in accordance with the bulletins issued up to six months before The SRP was issued to establish criteria
requirements of §§ 50.46 and 50.46a of the docket date of the application, or that the NRC staff intends to use in
this chapter; comparable international operating evaluating whether an applicant meets
(5) A description and analysis of the experience, have been incorporated into the Commission’s regulations. The SRP
fire protection design features for the the plant design; is not a substitute for the regulations,
standard plant necessary to comply with (20) A description and analysis of and compliance is not a requirement;
10 CFR part 50, appendix A, GDC 3; design features for the prevention and and
(6) A description of protection mitigation of severe accidents (core-melt (27) The NRC staff will advise the
provided against pressurized thermal accidents), including challenges to applicant on whether any technical
shock events, including projected values containment integrity caused by core- information beyond that required by
of the reference temperature for reactor concrete interaction, steam explosion, this section must be submitted.
vessel beltline materials as defined in 10 high-pressure core melt ejection, (b) The application must also contain:
CFR 50.60 and 50.61; hydrogen detonation, and containment (1) A design-specific probabilistic risk
(7) An analysis and description of the bypass; assessment (PRA);
equipment and systems for combustible (21) A description of the quality (2) The proposed inspections, tests,
gas control as required by 10 CFR 50.44; assurance program to be applied to the analyses, and acceptance criteria
(8) A coping analysis, and any design design of the structures, systems, and (ITAAC) that are necessary and
features necessary to address station components of the facility. Appendix B sufficient to provide reasonable
blackout, as required by 10 CFR 50.63; to 10 CFR part 50, ‘‘Quality Assurance assurance that, if the inspections, tests,
(9) A description of the kinds and Criteria for Nuclear Power Plants and and analyses are performed and the
quantities of radioactive materials Fuel Reprocessing Plants,’’ sets forth the acceptance criteria met, a plant that
expected to be produced and used in the requirements for quality assurance incorporates the design certification is
built and will operate in accordance § 52.48 Standards for review of Committee on Reactor Safeguards under
with the design certification, the applications. § 52.53, the Commission may issue a
provisions of the Act, and the Applications filed under this subpart standard design certification in the form
Commission’s regulations; will be reviewed for compliance with of a rule for the design which is the
(3) The interface requirements to be the standards set out in 10 CFR parts 20, subject of the application, if the
met by those portions of the plant for 50 and its appendices, 51, 73, and 100. Commission determines that:
which the application does not seek (1) The application meets the
certification. These requirements must § 52.51 Administrative review of
applications.
applicable standards and requirements
be sufficiently detailed to allow of the Atomic Energy Act and the
completion of the final safety analysis (a) A standard design certification is
Commission’s regulations;
and design-specific PRA required by a rule that will be issued in accordance (2) Notifications, if any, to other
this section; with the provisions of subpart H of 10 agencies or bodies have been duly
(4) Justification that compliance with CFR part 2, as supplemented by the
made;
the interface requirements of paragraph provisions of this section. The (3) There is reasonable assurance that
(b)(3) of this section is verifiable Commission shall initiate the the standard design conforms with the
through inspection, testing (either in the rulemaking after an application has provisions of the Act, and the
plant or elsewhere), or analysis. The been filed under § 52.45 and shall Commission’s regulations;
method to be used for verification of specify the procedures to be used for the (4) The applicant is technically
interface requirements must be included rulemaking. The notice of proposed qualified;
as part of the proposed ITAAC required rulemaking published in the Federal (5) The proposed inspections, tests,
by paragraph (b)(2) of this section; and Register must provide an opportunity analyses, and acceptance criteria are
(5) An evaluation of severe accident for the submission of comments on the necessary and sufficient, within the
mitigation design alternatives to the proposed design certification rule. If, at scope of the standard design, to provide
plant design under 10 CFR 51.30, and a the time a proposed design certification reasonable assurance that, if the
description of how cost-beneficial rule is published in the Federal Register inspections, tests, and analyses are
design alternatives are included in the under this paragraph (a), the performed and the acceptance criteria
standard plant design. Commission decides that a legislative met, the facility has been constructed
(c) This paragraph applies, according hearing should be held, the information
and will be operated in accordance with
to its provisions, to particular required by 10 CFR 2.1502(c) must be
the design certification, the provisions
applications: included in the Federal Register
of the Act, and the Commission’s
(1) An application for certification of document for the proposed design
regulations;
a nuclear power reactor design that is an certification. (6) Issuance of the standard design
evolutionary change from light-water (b) Following the submission of
certification will not be inimical to the
reactor designs of plants that have been comments on the proposed design
common defense and security or to the
licensed and in commercial operation certification rule, the Commission may,
at its discretion, hold a legislative health and safety of the public;
before April 18, 1989, must provide an (7) The findings required by subpart
essentially complete nuclear power hearing under the procedures in subpart
A of part 51 of this chapter have been
plant design except for site-specific O of part 2 of this chapter. The
made; and
elements such as the service water Commission shall publish a document
(8) The applicant has implemented
intake structure and the ultimate heat in the Federal Register of its decision to
the quality assurance program described
sink; hold a legislative hearing. The
or referenced in the safety analysis
(2) An application for certification of document shall contain the information
report.
a nuclear power reactor design that specified in paragraph (c) of this
(b) The design certification rule shall
differs significantly from the light-water section, and specify whether the
specify the site parameters, design
reactor designs described in paragraph Commission or a presiding officer will
characteristics, and any additional
(c)(1) of this section or uses simplified, conduct the legislative hearing.
requirements and restrictions of the
inherent, passive, or other innovative (c) Notwithstanding anything in 10
design certification rule.
means to accomplish its safety functions CFR 2.390 to the contrary, proprietary
(c) After the Commission has adopted
must provide an essentially complete information will be protected in the
a final standard design certification rule,
nuclear power reactor design except for same manner and to the same extent as
the applicant will not permit any
site-specific elements such as the proprietary information submitted in
individual to have access to or any
service water intake structure and the connection with applications for
facility to possess restricted data or
ultimate heat sink and must meet the licenses, provided that the design
classified National Security Information
requirements of 10 CFR 50.43(e); and certification shall be published in
until the individual and/or facility has
(3) An application for certification of chapter I of this title.
been approved for access under the
a modular nuclear power reactor design § 52.53 Referral to the Advisory Committee provisions of 10 CFR parts 25 and/or 95.
must describe the various options for on Reactor Safeguards (ACRS).
the configuration of the plant and site, § 52.55 Duration of certification.
The Commission shall refer a copy of
including variations in, or sharing of, the application to the ACRS. The ACRS (a) Except as provided in paragraph
common systems, interface shall report on those portions of the (b) of this section, a standard design
requirements, and system interactions. application which concern safety. certification issued under this subpart is
The final safety analysis and the PRA valid for 15 years from the date of
must also account for differences among § 52.54 Issuance of standard design issuance.
the various options, including any certification. (b) A standard design certification
restrictions that will be necessary (a) After conducting a rulemaking continues to be valid beyond the date of
during the construction and startup of a proceeding under § 52.51 on an expiration in any proceeding on an
given module to ensure the safe application for a standard design application for a combined license or an
operation of any module already certification and receiving the report to operating license that references the
operating. be submitted by the Advisory standard design certification and is
docketed either before the date of applicable and in effect at the time the (iii) Reduces unnecessary regulatory
expiration of the certification, or, if a certification was issued. burden and maintains protection to
timely application for renewal of the (b) The Commission may impose public health and safety and the
certification has been filed, before the other requirements if it determines that: common defense and security.
Commission has determined whether to (1) They are necessary for adequate (2) The rulemaking procedures must
renew the certification. A design protection to public health and safety or provide for notice and opportunity for
certification also continues to be valid common defense and security; public comment.
beyond the date of expiration in any (2) They are necessary for compliance (3) Any modification the NRC
hearing held under § 52.103 before with the Commission’s regulations and imposes on a design certification rule
operation begins under a combined orders applicable and in effect at the under paragraph (a)(1) of this section
license that references the design time the design certification was issued; will be applied to all plants referencing
certification. or the certified design, except those to
(c) An applicant for a construction (3) There is a substantial increase in which the modification has been
permit or a combined license may, at its overall protection of the public health rendered technically irrelevant by
own risk, reference in its application a and safety or the common defense and action taken under paragraphs (a)(4) or
design for which a design certification security to be derived from the new (b)(1) of this section.
application has been docketed but not requirements, and the direct and (4) The Commission may not impose
granted. indirect costs of implementing those new requirements by plant-specific
requirements are justified in view of this order on any part of the design of a
§ 52.57 Application for renewal. increased protection. specific plant referencing the design
(a) Not less than 12 nor more than 36 (c) In addition, the applicant for certification rule if that part was
months before the expiration of the renewal may request an amendment to approved in the design certification
initial 15-year period, or any later the design certification. The while a design certification rule is in
renewal period, any person may apply Commission shall grant the amendment effect under § 52.55 or § 52.61, unless:
for renewal of the certification. An request if it determines that the (i) A modification is necessary to
application for renewal must contain all amendment will comply with the secure compliance with the
information necessary to bring up to Atomic Energy Act and the Commission’s regulations applicable
date the information and data contained Commission’s regulations in effect at the and in effect at the time the certification
in the previous application. The time of renewal. If the amendment was issued, or to assure adequate
Commission will require, before request entails such an extensive change protection of the public health and
renewal of certification, that to the design certification that an safety or the common defense and
information normally contained in essentially new standard design is being security; and
certain procurement specifications and proposed, an application for a design (ii) Special circumstances as defined
construction and installation certification must be filed in accordance in 10 CFR 52.7 are present. In addition
specifications be completed and with this subpart. to the factors listed in § 52.7, the
available for audit if this information is (d) Denial of renewal does not bar the Commission shall consider whether the
necessary for the Commission to make applicant, or another applicant, from special circumstances which § 52.7
its safety determination. Notice and filing a new application for certification requires to be present outweigh any
comment procedures must be used for a of the design, which proposes design decrease in safety that may result from
rulemaking proceeding on the changes that correct the deficiencies the reduction in standardization caused
cited in the denial of the renewal. by the plant-specific order.
application for renewal. The
Commission, in its discretion, may (5) Except as provided in 10 CFR
§ 52.61 Duration of renewal.
require the use of additional procedures 2.335, in making the findings required
Each renewal of certification for a for issuance of a combined license or
in individual renewal proceedings. standard design will be for not less than
(b) A design certification, either operating license, or for any hearing
10, nor more than 15 years. under § 52.103, the Commission shall
original or renewed, for which a timely
application for renewal has been filed § 52.63 Finality of standard design treat as resolved those matters resolved
remains in effect until the Commission certifications. in connection with the issuance or
has determined whether to renew the (a)(1) Notwithstanding any provision renewal of a design certification rule.
certification. If the certification is not in 10 CFR 50.109, while a standard (b)(1) An applicant or licensee who
renewed, it continues to be valid in design certification rule is in effect references a standard design
certain proceedings, in accordance with under §§ 52.55 or 52.61, the certification rule may request an
the provisions of § 52.55. Commission may not modify, rescind, exemption from one or more elements of
(c) The Commission shall refer a copy or impose new requirements on the the design certification information. The
of the application for renewal to the certification information, whether on its Commission may grant such a request
Advisory Committee on Reactor own motion, or in response to a petition only if it determines that the exemption
Safeguards (ACRS). The ACRS shall from any person, unless the will comply with the requirements of
report on those portions of the Commission determines in a rulemaking § 52.7. In addition to the factors listed
application which concern safety and that the change: in § 52.7, the Commission shall consider
shall apply the criteria set forth in (i) Is necessary either to bring the whether the special circumstances that
§ 52.59. certification information or the § 52.7 requires to be present outweigh
referencing plants into compliance with any decrease in safety that may result
§ 52.59 Criteria for renewal. the Commission’s regulations applicable from the reduction in standardization
(a) The Commission shall issue a rule and in effect at the time the certification caused by the exemption. The granting
granting the renewal if the design, either was issued; of an exemption on request of an
as originally certified or as modified (ii) Is necessary to provide adequate applicant must be subject to litigation in
during the rulemaking on the renewal, protection of the public health and the same manner as other issues in the
complies with the Atomic Energy Act safety or the common defense and operating license or combined license
and the Commission’s regulations security; or hearing.
(2) Subject to § 50.59 of this chapter, Commission to make its safety site under the radiological consequence
a licensee who references a standard determinations, including the evaluation factors identified in
design certification rule may make determination that the application is paragraphs (a)(1)(vi)(A) and (a)(1)(vi)(B)
changes to the design of the nuclear consistent with the certification of this section. In performing this
power facility, without prior information. assessment, an applicant shall assume a
Commission approval, unless the fission product release 5 from the core
proposed change involves a change to § 52.75 Filing of applications. into the containment assuming that the
the design as described in the rule (a) Any person except one excluded facility is operated at the ultimate power
certifying the design. The licensee shall by 10 CFR 50.38 may file an application level contemplated. The applicant shall
maintain records of all changes to the for a combined license for a nuclear perform an evaluation and analysis of
facility and these records must be power facility with the Director of the postulated fission product release,
maintained and available for audit until Nuclear Reactor Regulation. using the expected demonstrable
the date of termination of the license. (b) The application must comply with containment leak rate and any fission
(c) The Commission will require, the applicable filing requirements of product cleanup systems intended to
before granting a construction permit, §§ 52.3 and 50.30 of this chapter. mitigate the consequences of the
combined license, or operating license (c) The fees associated with the filing accidents, together with applicable site
which references a standard design and review of the application are set characteristics, including site
certification rule, that information forth in 10 CFR part 170. meteorology, to evaluate the offsite
normally contained in certain radiological consequences. Site
§ 52.77 Contents of applications; general
procurement specifications and information. characteristics must comply with part
construction and installation 100 of this chapter. The evaluation must
specifications be completed and The application must contain all of
determine that:
available for audit if the information is the information required by 10 CFR
(A) An individual located at any point
necessary for the Commission to make 50.33. The application must also state
on the boundary of the exclusion area
its safety determinations, including the the earliest and latest dates for
for any 2 hour period following the
determination that the application is completion of construction.
onset of the postulated fission product
consistent with the certification § 52.79 Contents of applications; technical release, would not receive a radiation
information. This information may be information in final safety analysis report. dose in excess of 25 rem 6 total effective
acquired by appropriate arrangements (a) The application must contain a dose equivalent (TEDE).
with the design certification applicant. final safety analysis report that (B) An individual located at any point
describes the facility, presents the on the outer boundary of the low
Subpart C—Combined Licenses population zone, who is exposed to the
design bases and the limits on its
§ 52.71 Scope of subpart. operation, and presents a safety analysis radioactive cloud resulting from the
of the structures, systems, and postulated fission product release
This subpart sets out the requirements
components of the facility as a whole. (during the entire period of its passage)
and procedures applicable to
The final safety analysis report shall would not receive a radiation dose in
Commission issuance of combined
include the following information, at a excess of 25 rem TEDE; and
licenses for nuclear power facilities.
level of information sufficient to enable (2) A description and analysis of the
§ 52.73 Relationship to other subparts. the Commission to reach a final structures, systems, and components of
(a) An application for a combined conclusion on all safety matters that the facility with emphasis upon
license under this subpart may, but must be resolved by the Commission performance requirements, the bases,
need not, reference a standard design before issuance of a combined license: with technical justification therefor,
certification, standard design approval, (1)(i) The boundaries of the site; upon which these requirements have
or manufacturing license issued under (ii) The proposed general location of been established, and the evaluations
subparts B, E, or F of this part, each facility on the site; required to show that safety functions
respectively, or an early site permit (iii) The seismic, meteorological, will be accomplished. It is expected that
issued under subpart A of this part. In hydrologic, and geologic characteristics reactors will reflect through their
the absence of a demonstration that an of the proposed site with appropriate
entity other than the one originally consideration of the most severe of the
evaluation should be based upon a major accident,
sponsoring and obtaining a design natural phenomena that have been hypothesized for purposes of site analysis or
certification is qualified to supply a historically reported for the site and postulated from considerations of possible
design, the Commission will entertain surrounding area and with sufficient accidental events. These accidents have generally
margin for the limited accuracy, been assumed to result in substantial meltdown of
an application for a combined license the core with subsequent release into the
that references a standard design quantity, and time in which the containment of appreciable quantities of fission
certification issued under subpart B of historical data have been accumulated; products.
this part only if the entity that (iv) The location and description of 6 A whole body dose of 25 rem has been stated
sponsored and obtained the certification any nearby industrial, military, or to correspond numerically to the once in a lifetime
accidental or emergency dose for radiation workers
supplies the design for the applicant’s transportation facilities and routes; which, according to NCRP recommendations at the
use. (v) The existing and projected future time could be disregarded in the determination of
(b) The Commission will require, population profile of the area their radiation exposure status (see NBS Handbook
before granting a combined license that surrounding the site; 69 dated June 5, 1959). However, its use is not
intended to imply that this number constitutes an
references a standard design (vi) A description and safety
acceptable limit for an emergency dose to the public

certification, that information normally assessment of the site on which the under accident conditions. Rather, this dose value
contained in certain procurement facility is to be located. The assessment has been set forth in this section as a reference
specifications and construction and must contain an analysis and evaluation value, which can be used in the evaluation of plant
design features with respect to postulated reactor
installation specifications be completed of the major structures, systems, and accidents, to assure that these designs provide
and available for audit if the components of the facility that bear assurance of low risk of public exposure to
information is necessary for the significantly on the acceptability of the radiation, in the event of an accident.
design, construction and operation an chapter, ‘‘General Design Criteria for components meet the requirements of
extremely low probability for accidents Nuclear Power Plants,’’ establishes the ASME Boiler and Pressure Vessel
that could result in the release of minimum requirements for the principal Code in accordance with § 50.55a of this
significant quantities of radioactive design criteria for water-cooled nuclear chapter;
fission products. The descriptions shall power plants similar in design and (12) A description of the primary
be sufficient to permit understanding of location to plants for which containment leakage rate testing
the system designs and their construction permits have previously program necessary to ensure that the
relationship to safety evaluations. Items been issued by the Commission and containment meets the requirements of
as the reactor core, reactor coolant provides guidance to applicants in Appendix J to 10 CFR part 50;
system, instrumentation and control establishing principal design criteria for (13) A description of the reactor
systems, electrical systems, containment other types of nuclear power units; vessel material surveillance program
system, other engineered safety features, (ii) The design bases and the relation required by Appendix H to 10 CFR Part
auxiliary and emergency systems, power of the design bases to the principal 50;
conversion systems, radioactive waste design criteria; (14) A description of the operator
handling systems, and fuel handling (iii) Information relative to materials training program necessary to meet the
systems shall be discussed insofar as of construction, arrangement, and requirements of 10 CFR part 55;
they are pertinent. The following power dimensions, sufficient to provide (15) A description of the program for
reactor design characteristics and reasonable assurance that the design monitoring the effectiveness of
proposed operation will be taken into will conform to the design bases with maintenance necessary to meet the
consideration by the Commission: adequate margin for safety. requirements of § 50.65 of this chapter;
(i) Intended use of the reactor (5) An analysis and evaluation of the (16) The information with respect to
including the proposed maximum design and performance of structures, the design of equipment to maintain
power level and the nature and systems, and components with the control over radioactive materials in
inventory of contained radioactive objective of assessing the risk to public gaseous and liquid effluents produced
materials; health and safety resulting from during normal reactor operations, as
(ii) The extent to which generally operation of the facility and including described in § 50.34a(d) of this chapter;
accepted engineering standards are determination of the margins of safety (17) The information with respect to
applied to the design of the reactor; during normal operations and transient compliance with technically relevant
(iii) The extent to which the reactor conditions anticipated during the life of positions of the Three Mile Island
incorporates unique, unusual or the facility, and the adequacy of requirements in § 50.34(f) of this
enhanced safety features having a structures, systems, and components chapter, with the exception of
significant bearing on the probability or provided for the prevention of accidents §§ 50.34(f)(1)(xii), (f)(2)(ix), and (f)(3)(v);
consequences of accidental release of and the mitigation of the consequences (18) If the applicant seeks to use risk-
radioactive materials; of accidents. Analysis and evaluation of informed treatment of SSCs in
(iv) The safety features that are to be ECCS cooling performance and the need accordance with § 50.69 of this chapter,
engineered into the facility and those for high-point vents following the information required by § 50.69(b)(2)
barriers that must be breached as a postulated loss-of-coolant accidents of this chapter;
result of an accident before a release of shall be performed in accordance with
(19) Information necessary to
radioactive material to the environment the requirements of §§ 50.46 and 50.46a
demonstrate that the SSCs important to
can occur. Special attention must be of this chapter;
safety comply with the earthquake
directed to plant design features (6) A description and analysis of the
engineering criteria in 10 CFR part 50,
intended to mitigate the radiological fire protection design features for the
appendix S;
consequences of accidents. In reactor necessary to comply with 10
(20) Proposed technical resolutions of
performing this assessment, an CFR part 50, appendix A, GDC 3, and
those unresolved safety issues and
applicant shall assume a fission product § 50.48 of this chapter;
(7) A description of protection medium- and high-priority generic
release 7 from the core into the safety issues that are identified in the
containment assuming that the facility provided against pressurized thermal
shock events, including projected values version of NUREG–0933 current on the
is operated at the ultimate power level date 6 months before application and
contemplated; of the reference temperature for reactor
vessel beltline materials as defined in that are technically relevant to the
(3) The kinds and quantities of design;
radioactive materials expected to be §§ 50.60, and 50.61 (b)(1) and (b)(2) of
this chapter; (21) Emergency plans complying with
produced in the operation and the the requirements of § 50.47 of this
(8) The analyses and the descriptions
means for controlling and limiting chapter, and 10 CFR part 50, appendix
of the equipment and systems required
radioactive effluents and radiation E;
by § 50.44 of this chapter for
exposures within the limits set forth in (22)(i) All emergency plan
combustible gas control;
part 20 of this chapter; certifications that have been obtained
(9) The coping analyses required, and
(4) The design of the facility from the State and local governmental
any necessary design features necessary
including: agencies with emergency planning
to address station blackout, as described
(i) The principal design criteria for the responsibilities must state that:
in § 50.63 of this chapter;
facility. Appendix A to part 50 of this (10) A description of the program (A) The proposed emergency plans
required by § 50.49(a) of this chapter for are practicable;
the environmental qualification of (B) These agencies are committed to

hypothesized for purposes of site analysis or electric equipment important to safety participating in any further
postulated from considerations of possible and the list of electric equipment development of the plans, including any
accidental events. These accidents have generally important to safety that is required by required field demonstrations; and
been assumed to result in substantial meltdown of
the core with subsequent release into the 10 CFR 50.49(d); (C) These agencies are committed to
containment of appreciable quantities of fission (11) A description of the program(s) executing their responsibilities under
products. necessary to ensure that the systems and the plans in the event of an emergency;
(ii) If certifications cannot be obtained surveillance, and periodic testing of qualification and training plan, shall
after sustained, good faith efforts by the structures, systems, and components; protect the plans and other related
applicant, then the application must (30) Proposed technical specifications Safeguards Information against
contain information, including a utility prepared in accordance with the unauthorized disclosure in accordance
plan, sufficient to show that the requirements of §§ 50.36 and 50.36a of with the requirements of § 73.21 of this
proposed plans provide reasonable this chapter; chapter, as appropriate.
assurance that adequate protective (31) For nuclear power plants to be (37) The information which
measures can and will be taken in the operated on multi-unit sites, an demonstrates how operating experience
event of a radiological emergency at the evaluation of the potential hazards to insights from generic letters and
site. the structures, systems, and components bulletins issued up to 6 months before
(23) If the applicant wishes to be able important to safety of operating units the docket date of the application, or
to perform the activities at the site resulting from construction activities, as comparable international operating
allowed by 10 CFR 50.10(e) before well as a description of the managerial experience, have been incorporated into
issuance of the combined license, the and administrative controls to be used the plant design;
applicant must identify and describe the to provide assurance that the limiting (38) A description and analysis of
activities that are requested and propose conditions for operation are not design features for the prevention and
a plan for redress of the site in the event exceeded as a result of construction mitigation of severe accidents (core-melt
that the activities are performed and activities at the multi-unit sites; accidents), including challenges to
either construction is abandoned or the (32) The technical qualifications of containment integrity caused by core-
combined license is revoked. The the applicant to engage in the proposed concrete interaction, steam explosion,
application must demonstrate that there activities in accordance with the high-pressure core melt ejection,
is reasonable assurance that redress regulations in this chapter; hydrogen detonation, and containment
carried out under the plan will achieve (33) A description of the training bypass;
an environmentally stable and program required by § 50.120 of this (39) The earliest and latest dates for
aesthetically acceptable site suitable for chapter; completion of the construction;
whatever non-nuclear use may conform (34) A description and plans for (40) [Reserved]
with local zoning laws; implementation of an operator (41) For applications for light-water
(24) If the application is for a nuclear requalification program. The operator cooled nuclear power plant combined
power reactor design which differs requalification program must as a licenses, an evaluation of the facility
significantly from light-water reactor minimum, meet the requirements for against the Standard Review Plan (SRP)
designs that were licensed before 1997 those programs contained in § 55.59 of in effect 6 months before the docket date
or use simplified, inherent, passive, or this chapter; of the application. The evaluation
other innovative means to accomplish (35) A physical security plan, required by this section shall include an
their safety functions, the application describing how the applicant will meet identification and description of all
must describe how the design meets the the requirements of 10 CFR part 73 (and differences in design features, analytical
requirements in § 50.43(e) of this 10 CFR part 11, if applicable, including techniques and procedural measures
chapter; the identification and description of proposed for a facility and those
(25) A description of the quality jobs as required by § 11.11(a) of this corresponding features, techniques and
assurance program to be applied to the chapter, at the proposed facility). The measures given in the SRP acceptance
design, fabrication, construction, and plan must list tests, inspections, audits, criteria. Where a difference exists, the
testing of the structures, systems, and and other means to be used to evaluation shall discuss how the
components of the facility. Appendix B demonstrate compliance with the proposed alternative provides an
to 10 CFR part 50 sets forth the requirements of 10 CFR parts 11 and 73, acceptable method of complying with
requirements for quality assurance if applicable; the Commission’s regulations, or
programs for nuclear power plants. The (36)(i) A safeguards contingency plan portions thereof, that underlie the
description of the quality assurance in accordance with the criteria set forth corresponding SRP acceptance criteria.
program for a nuclear power plant shall in appendix C to 10 CFR part 73. The The SRP was issued to establish criteria
include a discussion of how the safeguards contingency plan shall that the NRC staff intends to use in
applicable requirements of appendix B include plans for dealing with threats, evaluating whether an applicant/
to 10 CFR part 50 will be satisfied; thefts, and radiological sabotage, as licensee meets the Commission’s
(26) The applicant’s organizational defined in part 73 of this chapter, regulations. The SRP is not a substitute
structure, allocations or responsibilities relating to the special nuclear material for the regulations, and compliance is
and authorities, and personnel and nuclear facilities licensed under not a requirement;
qualifications requirements for this chapter and in the applicant’s (42) Information demonstrating how
operation; possession and control. Each the applicant will comply with
(27) Managerial and administrative requirements for reduction of risk from
application for this type of license shall
controls to be used to assure safe anticipated transients without scram
include the information contained in
operation. Appendix B to 10 CFR part (ATWS) events in § 50.62 of this
the applicant’s safeguards contingency
50 sets forth the requirements for these chapter;
plan.8 (Implementing procedures
controls for nuclear power plants. The (43) Information demonstrating how
required for this plan need not be
information on the controls to be used the applicant will comply with
submitted for approval.)
for a nuclear power plant shall include requirements for criticality accidents in
(ii) Each applicant who prepares a
a discussion of how the applicable § 50.68 of this chapter;
physical security plan, a safeguards (44) The NRC staff will advise the
requirements of appendix B to 10 CFR
contingency plan, or a guard applicant on whether any information
part 50 will be satisfied;
(28) Plans for preoperational testing 8 A physical security plan that contains all the
beyond that required by this section
and initial operations; information required in both §§ 73.55 of this must be submitted.
(29) Plans for conduct of normal chapter and appendix C to 10 CFR part 73 satisfies (b) If the application for a final safety
operations, including maintenance, the requirement for a contingency plan. analysis report references an early site
permit, then the following requirements requirements established for the design manufactured under a manufacturing
apply: under § 52.137 have been met. license under subpart F of this part, the
(1) The final safety analysis report (3) The final safety analysis report plant-specific PRA must use the PRA for
need not contain information or must demonstrate that all terms and the design certification, design
analyses submitted to the Commission conditions that have been included in approval, or manufactured reactor, as
in connection with the early site permit, the final design approval will be applicable, and must be updated to
but must contain, in addition to the satisfied by the date of issuance of the account for site-specific design
information and analyses otherwise combined license. information and any design changes,
required, information sufficient to (d) If the combined license departures, or variances.
demonstrate that the design of the application references a standard design (b) The proposed inspections, tests,
facility falls within the site certification, then the following and analyses, including those applicable
characteristics and design parameters requirements apply: to emergency planning, that the licensee
specified in the early site permit. (1) The final safety analysis report shall perform, and the acceptance
(2) If the final safety analysis report need not contain information or criteria which are necessary and
does not demonstrate that design of the analyses submitted to the Commission sufficient to provide reasonable
facility falls within the site in connection with the design assurance that, if the inspections, tests,
characteristics and design parameters, certification, but must contain, in and analyses are performed and the
the application shall include a request addition to the information and analyses acceptance criteria met, the facility has
for a variance that complies with the otherwise required, information been constructed and will operate in
requirements of §§ 52.39 and 52.93. sufficient to demonstrate that the conformity with the combined license,
(3) The final safety analysis report characteristics of the site fall within the the provisions of the Atomic Energy
must demonstrate that all terms and site parameters specified in the design Act, and the NRC’s regulations.
conditions that have been included in certification. (1) If the application references an
the early site permit will be satisfied by (2) The final safety analysis report early site permit with ITAAC, the early
the date of issuance of the combined must demonstrate that the interface site permit ITAAC must apply to those
license. requirements established for the design aspects of the combined license which
(4) If the early site permit approves under § 52.47 have been met. are approved in the early site permit.
complete and integrated emergency (3) The final safety analysis report
must demonstrate that all requirements (2) If the application references a
plans, or major features of emergency standard design certification, the ITAAC
plans, then the final safety analysis and restrictions set forth in the
referenced design certification rule must contained in the certified design must
report must include any new or apply to those portions of the facility
additional information that updates and be satisfied by the date of issuance of
the combined license. design which are approved in the design
corrects the information that was certification.
provided under § 52.17(b), and discuss (e) If the combined license application
references the use of one or more (3) If the application references an
whether the new or additional early site permit with ITAAC or a
information materially changes the manufactured nuclear power reactors
licensed under subpart F of this part, standard design certification or both, the
bases for compliance with the application may include a notification
applicable requirements. If the proposed then the following requirements apply:
(1) The final safety analysis report that a required inspection, test, or
facility emergency plans incorporate analysis in the ITAAC has been
need not contain information or
existing emergency plans or major successfully completed and that the
analyses submitted to the Commission
features of emergency plans, the corresponding acceptance criterion has
in connection with the manufacturing
application must identify changes to the been met. The Federal Register
license, but must contain, in addition to
emergency plans or major features of notification required by § 52.85 must
the information and analyses otherwise
emergency plans that have been indicate that the application includes
required, information sufficient to
incorporated into the proposed facility this notification.
demonstrate that the site parameters for
emergency plans and that constitute a
the manufactured reactor are bounded (c) A complete environmental report
decrease in effectiveness under
by the site where the manufactured as required by 10 CFR 51.50(c).
§ 50.54(q) of this chapter.
reactor is to be installed and used.
(5) If complete and integrated § 52.81 Standards for review of
(2) The final safety analysis report
emergency plans are approved as part of applications.
must demonstrate that the interface
the early site permit, new certifications Applications filed under this subpart
requirements established for the design
meeting the requirements of paragraph will be reviewed according to the
have been met.
(a)(22) of this section are not required. (3) The final safety analysis report standards set out in 10 CFR parts 20, 50,
(c) If the combined license application must demonstrate that all terms and 51, 54, 55, 73, 100, and 140.
references a standard design approval, conditions that have been included in
then the following requirements apply: § 52.83 Finality of referenced NRC
the manufacturing license will be approvals.
(1) The final safety analysis report satisfied by the date of issuance of the
need not contain information or combined license. If the application for a combined
analyses submitted to the Commission license under this subpart references an
in connection with the design approval, § 52.80 Contents of applications; early site permit, design certification
but must contain, in addition to the additional technical information. rule, standard design approval, or
information and analyses otherwise The application must contain: manufacturing license, the scope and
required, information sufficient to (a) A plant-specific probabilistic risk nature of matters resolved for the
demonstrate that the characteristics of assessment (PRA). If the application application and any combined licensed
the site fall within the site parameters references a standard design issued are governed by the relevant
specified in the design approval. certification or standard design provisions addressing finality, including
(2) The final safety analysis report approval, or if the application proposes §§ 52.39, 52.63, 52.98, 52.145, and
must demonstrate that the interface to use a nuclear power reactor 52.171.
§ 52.85 Administrative review of out the redress plan to the greatest (vi) The findings required by subpart
applications; hearings. extent possible consistent with the A of part 51 of this chapter have been
A proceeding on a combined license alternate use. made.
is subject to all applicable procedural (2) The Commission may also find, at
requirements contained in 10 CFR part § 52.93 Exemptions and variances. the time it issues the combined license,
2, including the requirements for (a) Applicants for a combined license that certain acceptance criteria in one or
docketing (§ 2.101 of this chapter) and under this subpart, or any amendment more of the inspections, tests, analyses,
issuance of a notice of hearing (§ 2.104 to a combined license, may include in and acceptance criteria (ITAAC) in a
of this chapter). If an applicant requests the application a request for an referenced early site permit or standard
a Commission finding on certain ITAAC exemption from one or more of the design certification have been met. This
with the issuance of the combined Commission’s regulations. finding will finally resolve that those
license, then those ITAAC will be (1) If the request is for an exemption acceptance criteria have been met, those
identified in the notice of hearing. All from any part of a referenced design acceptance criteria will be deemed to be
hearings on combined licenses are certification rule, the Commission may excluded from the combined license,
governed by the procedures contained grant the request if it determines that and findings under § 52.103(g) with
in 10 CFR part 2. the exemption complies with any respect to those acceptance criteria are
exemption provisions of the referenced unnecessary.
§ 52.87 Referral to the Advisory Committee design certification rule, or with § 52.63
on Reactor Safeguards (ACRS).
(b) The Commission shall identify
if there are no applicable exemption within the combined license the
The Commission shall refer a copy of provisions in the referenced design inspections, tests, and analyses,
the application to the ACRS. The ACRS certification rule. including those applicable to emergency
shall report on those portions of the (2) For all other requests for planning, that the licensee shall
application that concern safety and shall exemptions, the Commission may grant perform, and the acceptance criteria
apply the standards referenced in a request if it determines that the that, if met, are necessary and sufficient
§ 52.81, in accordance with the finality exemption complies with § 52.7. to provide reasonable assurance that the
provisions in § 52.83. (b) An applicant for a combined facility has been constructed and will be
§ 52.89 [Reserved] license who has filed an application operated in conformity with the license,
referencing an early site permit issued the provisions of the Act, and the
§ 52.91 Authorization to conduct site under this subpart may include in the Commission’s regulations.
activities. application a request for a variance from (c) A combined license shall contain
(a) If the application does not one or more site characteristics, design the terms and conditions, including
reference an early site permit which parameters, or terms and conditions of technical specifications, as the
authorizes the applicant to perform site the permit. In determining whether to Commission deems necessary and
preparation activities, the applicant may grant the variance, the Commission appropriate.
not perform the site preparation shall apply the same technically
activities allowed by 10 CFR 50.10(e)(1) relevant criteria as were applicable to § 52.98 Finality of combined licenses;
without obtaining the separate the application for the original or information requests.
authorization required by 10 CFR renewed site permit. (a) After issuance of a combined
50.10(e)(1). Authorization may be (c) Issuance of the variance is subject license, the Commission may not
granted only after the presiding officer to litigation during the combined modify, add, or delete any term or
in the proceeding on the application has license proceeding in the same manner condition of the combined license, the
made the findings and determination as other issues material to that design of the facility, the inspections,
required by 10 CFR 50.10(e)(2) and has proceeding. tests, analyses, and acceptance criteria
determined that there is reasonable contained in the license which are not
assurance that redress carried out under § 52.97 Issuance of combined licenses. derived from a referenced standard
the site redress plan will achieve an (a)(1) After conducting a hearing in design certification or manufacturing
environmentally stable and aesthetically accordance with § 52.85 and receiving license, except in accordance with the
acceptable site suitable for whatever the report submitted by the ACRS, the provisions of § 52.103 or § 50.109 of this
non-nuclear use may conform with local Commission may issue a combined chapter, as applicable.
zoning laws. license if the Commission finds that: (b) If the combined license does not
(b) Authorization to conduct the (i) The applicable standards and reference a design certification or a
activities described in 10 CFR requirements of the Act and the reactor manufactured under a subpart F
50.10(e)(3)(i) may be granted only after Commission’s regulations have been of this part manufacturing license, then
the presiding officer in the combined met; a licensee may make changes in the
license proceeding makes the additional (ii) Any required notifications to other facility as described in the final safety
finding required by 10 CFR agencies or bodies have been duly analysis report (as updated), make
50.10(e)(3)(ii). made; changes in the procedures as described
(c) If, after an applicant for a (iii) There is reasonable assurance that in the final safety analysis report (as
combined license has performed the the facility will be constructed and will updated), and conduct tests or
activities permitted by paragraph (a) of operate in conformity with the license, experiments not described in the final
this section, the application for the the provisions of the Act, and the safety analysis report (as updated) under
license is withdrawn or denied, and the Commission’s regulations. the applicable change processes in 10
early site permit referenced by the (iv) The applicant is technically and CFR part 50 (e.g., § 50.54, § 50.59, or
application expires, then the applicant financially qualified to engage in the § 50.90).
shall redress the site in accord with the activities authorized; and (c) If the combined license references
terms of the site redress plan. If a use (v) Issuance of the license will not be a certified design, then—
not envisaged in the redress plan is inimical to the common defense and (1) Changes to or departures from
found for the site or parts before redress security or to the health and safety of information within the scope of the
is complete, the applicant shall carry the public; and referenced design certification rule are
subject to the applicable change § 52.99 Inspection during construction. days, request that the Commission hold
processes in that rule; and (a) Holders of combined licenses shall a hearing on whether the facility as
(2) Changes that are not within the comply with the provisions of 10 CFR constructed complies, or on completion
scope of the referenced design 50.70 and 50.71. will comply, with the acceptance
certification rule are subject to the (b) With respect to activities subject to criteria in the combined license, except
applicable change processes in 10 CFR an ITAAC, an applicant for a combined that a hearing shall not be granted for
part 50, unless they also involve license may proceed at its own risk with those ITAAC which the Commission
changes to or noncompliance with design and procurement activities, and found were met under § 52.97(a)(2).
a licensee may proceed at its own risk (b) A request for hearing under
information within the scope of the
with design, procurement, construction, paragraph (a) of this section must show,
referenced design certification rule. In
and pre-operational activities, even prima facie, that—
these cases, the applicable provisions of (1) One or more of the acceptance
this section and the design certification though the NRC may not have found
that any particular ITAAC has been met. criteria of the ITAAC in the combined
rule apply. license have not been, or will not be
(c) The licensee shall notify the NRC
(d) If the combined license references that the inspections, tests, or analyses in met; and
a reactor manufactured under a subpart the ITAAC have been successfully (2) The specific operational
F of this part manufacturing license, completed and that the corresponding consequences of nonconformance that
then— acceptance criteria have been met. For would be contrary to providing
(1) Changes to or variances from those inspections, tests, or analyses that reasonable assurance of adequate
information within the scope of the are completed within 180 days prior to protection of the public health and
manufactured reactor’s design are the scheduled date for initial loading of safety.
subject to the change processes in fuel, the licensee shall notify the NRC (c) After receiving a request for a
§ 52.171; and within 10 days of the successful hearing, the Commission expeditiously
completion of ITAAC. shall either deny or grant the request. If
(2) Changes that are not within the the request is granted, the Commission
(d)(1) In the event that an activity is
scope of the manufactured reactor’s shall determine, after considering
subject to an ITAAC derived from a
design are subject to the applicable petitioners’ prima facie showing and
referenced early site permit or standard
change processes in 10 CFR part 50. any answers thereto, whether during a
design certification and the licensee has
(e) The Commission may issue and not demonstrated that the ITAAC has period of interim operation, there will
make immediately effective any been met, the licensee may take be reasonable assurance of adequate
amendment to a combined license upon corrective actions to successfully protection of the public health and
a determination by the Commission that complete that ITAAC, request a variance safety. If the Commission determines
the amendment involves no significant from the early site permit ITAAC, or that there is reasonable assurance, it
hazards consideration, notwithstanding request an exemption from the standard shall allow operation during an interim
the pendency before the Commission of design certification ITAAC, as period under the combined license.
a request for a hearing from any person. applicable. A request for a variance or (d) The Commission shall determine
The amendment may be issued and an exemption must also be accompanied appropriate hearing procedures in
made immediately effective in advance by a request for a license amendment accordance with 10 CFR part 2 for any
of the holding and completion of any under § 52.98(f). hearing under paragraph (a) of this
required hearing. The amendment will (2) In the event that an activity is section.
be processed in accordance with the subject to an ITAAC not derived from a (e) The Commission shall, to the
procedures specified in 10 CFR 50.91. referenced early site permit or standard maximum possible extent, render a
design certification and the licensee has decision on issues raised by the hearing
(f) Any modification to, addition to, or
not demonstrated that the ITAAC has request within 180 days of the
deletion from the terms and conditions
been met, the licensee may take publication of the notice provided by
of a combined license, including any
corrective actions to successfully paragraph (a) of this section or by the
modification to, addition to, or deletion
complete that ITAAC or request a anticipated date for initial loading of
from the inspections, tests, analyses, or
license amendment under § 52.98(f). fuel into the reactor, whichever is later.
related acceptance criteria contained in (f) A petition to modify the terms and
the license is a proposed amendment to (e) The NRC shall ensure that the
required inspections, tests, and analyses conditions of the combined license will
the license. There must be an be processed as a request for action in
opportunity for a hearing on the in the ITAAC are performed. At
appropriate intervals, the NRC shall accordance with 10 CFR 2.206. The
amendment. petitioner shall file the petition with the
publish notices in the Federal Register
(g) Except for information sought to of the NRC staff’s determination of the Secretary of the Commission. Before the
verify licensee compliance with the successful completion of inspections, licensed activity allegedly affected by
current licensing basis for that facility, tests, and analyses. the petition (fuel loading, low power
information requests to the holder of a testing, etc.) commences, the
combined license must be evaluated § 52.103 Operation under a combined Commission shall determine whether
before issuance to ensure that the license. any immediate action is required. If the
burden to be imposed on the licensee is (a) Not less than 180 days before the petition is granted, then an appropriate
justified in view of the potential safety date scheduled for initial loading of fuel order will be issued. Fuel loading and
significance of the issue to be addressed into a plant by a licensee that has been operation under the combined license
in the requested information. Each issued a combined license under will not be affected by the granting of
evaluation performed by the NRC staff subpart C of this part, the Commission the petition unless the order is made
must be in accordance with 10 CFR shall publish notice of intended immediately effective.
50.54(f) and must be approved by the operation in the Federal Register. The (g) The licensee shall not load fuel
Executive Director for Operations or his notice must provide that any person into the reactor and shall not operate the
or her designee before issuance of the whose interest may be affected by facility until the Commission makes a
request. operation of the plant may, within 60 finding that the acceptance criteria in
the combined license are met, except for § 52.110 Termination of license. publish a document in the Federal
those acceptance criteria that the (a)(1) When a licensee has determined Register and in a forum, such as local
Commission found were met under to permanently cease operations the newspapers, that is readily accessible to
§ 52.97(a)(2). If the combined license is licensee shall, within 30 days, submit a individuals in the vicinity of the site,
for a modular design, each reactor written certification to the NRC, announcing the date, time and location
module may require a separate finding consistent with the requirements of of the meeting, along with a brief
as construction proceeds. § 52.3(b)(8); description of the purpose of the
(h) After the Commission has made (2) Once fuel has been permanently meeting.
the finding in paragraph (g) of this removed from the reactor vessel, the (e) Licensees shall not perform any
section, the ITAAC do not, by virtue of licensee shall submit a written major decommissioning activities, as
their inclusion in the combined license, certification to the NRC that meets the defined in § 50.2 of this chapter, until
constitute regulatory requirements requirements of § 52.3(b)(9); and 90 days after the NRC has received the
(3) For licensees whose licenses have licensee’s PSDAR submittal and until
either for licensees or for renewal of the
been permanently modified to allow certifications of permanent cessation of
license; except for the specific ITAAC
possession but not operation of the operations and permanent removal of
for which the Commission has granted facility, before [insert the effective date
a hearing under paragraph (a) of this fuel from the reactor vessel, as required
of this rule], the certification required in under § 52.110(a)(1), have been
section, all ITAAC expire upon final paragraph (a)(1) of this section shall be
Commission action in the proceeding. submitted.
deemed to have been submitted. (f) Licensees shall not perform any
However, subsequent changes to the (b) Upon docketing of the decommissioning activities, as defined
facility or procedures described in the certifications for permanent cessation of in § 52.1, that—
final safety analysis report (as updated) operations and permanent removal of (1) Foreclose release of the site for
must comply with the requirements in fuel from the reactor vessel, or when a possible unrestricted use;
§§ 52.98(e) or (f), as applicable. final legally effective order to (2) Result in significant
§ 52.104 Duration of combined license. permanently cease operations has come environmental impacts not previously
into effect, the 10 CFR part 52 license reviewed; or
A combined license is issued for a no longer authorizes operation of the (3) Result in there no longer being
specified period not to exceed 40 years reactor or emplacement or retention of reasonable assurance that adequate
from the date on which the Commission fuel into the reactor vessel. funds will be available for
makes a finding that acceptance criteria (c) Decommissioning will be decommissioning.
are met under § 52.103(g) or allowing completed within 60 years of permanent (g) In taking actions permitted under
operation during an interim period cessation of operations. Completion of § 50.59 of this chapter following
under the combined license under decommissioning beyond 60 years will submittal of the PSDAR, the licensee
§ 52.103(c). be approved by the Commission only shall notify the NRC in writing and send
when necessary to protect public health a copy to the affected State(s), before
§ 52.105 Transfer of combined license. and safety. Factors that will be performing any decommissioning
A combined license may be considered by the Commission in activity inconsistent with, or making
transferred in accordance with § 50.80 evaluating an alternative that provides any significant schedule change from,
of this chapter. for completion of decommissioning those actions and schedules described
beyond 60 years of permanent cessation in the PSDAR, including changes that
§ 52.107 Application for renewal. of operations include unavailability of significantly increase the
The filing of an application for a waste disposal capacity and other site- decommissioning cost.
renewed license must be in accordance specific factors affecting the licensee’s (h)(1) Decommissioning trust funds
with 10 CFR part 54. capability to carry out may be used by licensees if—
decommissioning, including presence of (i) The withdrawals are for expenses
§ 52.109 Continuation of combined other nuclear facilities at the site. for legitimate decommissioning
license. (d)(1) Before or within 2 years activities consistent with the definition
Each combined license for a facility following permanent cessation of of decommissioning in § 52.1;
that has permanently ceased operations, operations, the licensee shall submit a (ii) The expenditure would not reduce
continues in effect beyond the post-shutdown decommissioning the value of the decommissioning trust
expiration date to authorize ownership activities report (PSDAR) to the NRC, below an amount necessary to place and
and possession of the production or and a copy to the affected State(s). The maintain the reactor in a safe storage
utilization facility, until the report must include a description of the condition if unforeseen conditions or
Commission notifies the licensee in planned decommissioning activities expenses arise and;
writing that the license is terminated. along with a schedule for their (iii) The withdrawals would not
During this period of continued accomplishment, an estimate of inhibit the ability of the licensee to
effectiveness the licensee shall— expected costs, and a discussion that complete funding of any shortfalls in
provides the reasons for concluding that the decommissioning trust needed to
(a) 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
(b) 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 as a
(viii) Identification of parts, if any, of described in § 50.22 of this chapter or whole, and must include the following
the facility or site that were released for major portions thereof. 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 (6) A description of protection
Items such as the reactor core, reactor dose equivalent (TEDE); and provided against pressurized thermal
coolant system, instrumentation and (B) An individual located at any point shock events, including projected values
control systems, electrical systems, on the outer boundary of the low of the reference temperature for reactor
containment system, other engineered population zone, who is exposed to the vessel beltline materials as defined in 10
safety features, auxiliary and emergency radioactive cloud resulting from the CFR 50.60 and 50.61;
systems, power conversion systems, postulated fission product release (7) An analysis and description of the
radioactive waste handling systems, and (during the entire period of its passage) equipment and systems for combustible
fuel handling systems shall be discussed would not receive a radiation dose in gas control as required by 10 CFR 50.44;
insofar as they are pertinent. The excess of 25 rem TEDE; (8) A coping analysis, and any design
following power reactor design (3) The design of the facility features necessary to address station
characteristics will be taken into including: blackout, as required by 10 CFR 50.63;
consideration by the Commission: (i) The principal design criteria for the (9) A description of the kinds and
facility. Appendix A to 10 CFR part 50, quantities of radioactive materials
(i) Intended use of the reactor general design criteria (GDC),
including the proposed maximum expected to be produced and used in the
establishes minimum requirements for construction and operation and the
power level and the nature and the principal design criteria for water-
inventory of contained radioactive design features for controlling and
cooled nuclear power plants similar in limiting radioactive effluents and
materials; design and location to plants for which radiation exposures within the limits set
(ii) The extent to which generally construction permits have previously
forth in 10 CFR part 20;
accepted engineering standards are been issued by the Commission and
(10) The information with respect to
applied to the design of the reactor; provides guidance to applicants in
the design of equipment to maintain
establishing principal design criteria for
(iii) The extent to which the reactor control over radioactive materials in
other types of nuclear power units;
incorporates unique, unusual or (ii) The design bases and the relation gaseous and liquid effluents produced
enhanced safety features having a of the design bases to the principal during normal reactor operations
significant bearing on the probability or design criteria; and described in 10 CFR 50.34a(e);
consequences of accidental release of (iii) Information relative to materials (11) The information on electric
radioactive materials; and of construction, general arrangement, equipment important to safety that is
(iv) The safety features that are to be and approximate dimensions, sufficient required by 10 CFR 50.49(d);
engineered into the facility and those to provide reasonable assurance that the (12) Information demonstrating how
barriers that must be breached as a design will conform to the design bases the applicant will comply with
result of an accident before a release of with adequate margin for safety; requirements for reduction of risk from
radioactive material to the environment (4) An analysis and evaluation of the anticipated transients without scram
can occur. Special attention must be design and performance of SSC with the (ATWS) events in § 50.62;
directed to plant design features objective of assessing the risk to public (13) Information demonstrating how
intended to mitigate the radiological health and safety resulting from the applicant will comply with
consequences of accidents. In operation of the facility and including requirements for criticality accidents in
performing this assessment, an determination of the margins of safety § 50.68(b)(2) through (b)(4);
applicant shall assume a fission product during normal operations and transient (14)–(15) [Reserved]
release 9 from the core into the conditions anticipated during the life of (16) The information necessary to
containment assuming that the facility the facility, and the adequacy of SSCs demonstrate that SSCs important to
is operated at the ultimate power level provided for the prevention of accidents safety comply with the earthquake
contemplated. The applicant shall and the mitigation of the consequences engineering criteria in 10 CFR part 50,
perform an evaluation and analysis of of accidents. Analysis and evaluation of appendix S;
the postulated fission product release, ECCS cooling performance and the need (17) The information necessary to
using the expected demonstrable for high-point vents following demonstrate compliance with any
containment leak rate and any fission postulated loss-of-coolant accidents technically relevant portions of the
product cleanup systems intended to shall be performed in accordance with Three Mile Island requirements set forth
mitigate the consequences of the the requirements of 10 CFR 50.46 and in 10 CFR 50.34(f), except paragraphs
accidents, together with applicable 50.46a; (f)(1)(xii), (f)(2)(ix), and (f)(3)(v) of 10
postulated site parameters, including (5) A description and analysis of the CFR 50.34(f);
site meteorology, to evaluate the offsite fire protection design features for the (18) The information necessary to
radiological consequences. The standard plant necessary to comply with demonstrate technical resolutions of
evaluation must determine that: 10 CFR part 50, appendix A, GDC 3; those unresolved safety issues and
medium- and high-priority generic
(A) An individual located at any point 10 A whole body dose of 25 rem has been stated safety issues that are identified in the
on the boundary of the exclusion area to correspond numerically to the once in a lifetime version of NUREG–0933 current on the
for any 2 hour period following the accidental or emergency dose for radiation workers
date 6 months before the docket date of
onset of the postulated fission product which, according to NCRP recommendations at the
time could be disregarded in the determination of the application and that are technically
release, would not receive a radiation
their radiation exposure status (see NBS Handbook relevant to the standard plant design;
69 dated June 5, 1959). However, its use is not (19) The information necessary to
9 The fission product release assumed for this intended to imply that this number constitutes an
demonstrate how operating experience
evaluation should be based upon a major accident, acceptable limit for an emergency dose to the public
hypothesized for purposes of site analysis or under accident conditions. Rather, this dose value insights from generic letters and
postulated from considerations of possible has been set forth in this section as a reference bulletins issued up to 6 months before
accidental events. These accidents have generally value, which can be used in the evaluation of plant the docket date of the application, or
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
comparable international operating
containment of appreciable quantities of fission assurance of low risk of public exposure to experience, has been incorporated into
products. radiation, in the event of an accident. the plant design;
(20) A description and analysis of (2) [Reserved] must be evaluated before issuance to
design features for the prevention and (3) A description, analysis, and ensure that the burden to be imposed on
mitigation of severe accidents (core-melt evaluation of the interfaces between the respondents is justified in view of the
accidents), including challenges to standard design and the balance of the potential safety significance of the issue
containment integrity caused by core- nuclear power plant. to be addressed in the requested
concrete interaction, steam explosion, (c) An application for approval of a information. Each evaluation performed
high-pressure core melt ejection, standard design, which differs by the NRC staff must be in accordance
hydrogen detonation, and containment significantly from the light-water reactor with 10 CFR 50.54(f) and must be
bypass; designs of plants that have been approved by the Executive Director for
(21) A description of the quality licensed and in commercial operation Operations or his or her designee before
assurance program to be applied to the before April 18, 1989, or uses issuance of the request.
design of the SSCs of the facility. simplified, inherent, passive, or other
Appendix B to 10 CFR part 50, ‘‘Quality innovative means to accomplish its § 52.147 Duration of design approval.
Assurance Criteria for Nuclear Power safety functions, must meet the A standard design approval issued
Plants and Fuel Reprocessing Plants,’’ requirements of 10 CFR 50.43(e). under this subpart is valid for 15 years
sets forth the requirements for quality from the date of issuance and may not
§ 52.139 Standards for review of
assurance programs for nuclear power be renewed. A design approval
applications.
plants. The description of the quality continues to be valid beyond the date of
assurance program for a nuclear power Applications filed under this subpart expiration in any proceeding on an
plant shall include a discussion of how will be reviewed for compliance with application for a construction permit,
the applicable requirements of appendix the standards set out in 10 CFR parts 20, combined license, or an operating
B to 10 CFR part 50 will be satisfied; 50 and its appendices, and 10 CFR parts license which references the standard
(22) The information pertaining to 73 and 100. design approval and is docketed before
design features that affect plans for § 52.141 Referral to the Advisory the date of expiration of the design
coping with emergencies in the Committee on Reactor Safeguards (ACRS). approval.
operation of the reactor facility or a The Commission shall refer a copy of
major portion thereof; the application to the ACRS. The ACRS Subpart F—Manufacturing Licenses
(23) The technical qualifications of shall report on those portions of the § 52.151 Scope of subpart.
the applicant to engage in the proposed application which concern safety.
activities in accordance with the This subpart sets out the requirements
regulations in this chapter; § 52.143 Staff approval of design. and procedures applicable to
(24) A description of the design Upon completion of its review of a Commission issuance of a license
features that will provide physical submittal under this subpart and receipt authorizing manufacture of nuclear
protection of the standard plant design of a report by the Advisory Committee power reactors to be installed at sites
in accordance with the requirements of on Reactor Safeguards under § 52.141 of not identified in the manufacturing
10 CFR part 73; this subpart, the NRC staff shall publish license application.
(25) [Reserved] a determination in the Federal Register
(26) An evaluation of the standard § 52.153 Relationship to other subparts.
as to whether or not the design is
design against the Standard Review Plan acceptable, subject to appropriate terms (a) A nuclear power reactor
(SRP) revision in effect 6 months before and conditions, and make an analysis of manufactured under a manufacturing
the docket date of the application. The the design in the form of a report license issued under this subpart may
evaluation required by this section shall available at the NRC Web site, http:// only be transported to and installed at
include an identification and www.nrc.gov. a site for which either a construction
description of all differences in design permit under part 50 of this chapter or
features, analytical techniques, and § 52.145 Finality of standard design a combined license under subpart C of
procedural measures proposed for a approvals; information requests. this part has been issued.
facility and those corresponding (a) An approved design must be used (b) Subpart B of this part governs the
features, techniques, and measures by and relied upon by the NRC staff and certification by rulemaking of the design
given in the SRP acceptance criteria. the ACRS in their review of any of standard nuclear power facilities.
Where a difference exists, the evaluation individual facility license application Subpart E of this part governs the NRC
shall discuss how the alternative that incorporates by reference a staff review and approval of standard
proposed provides an acceptable standard design approved in accordance designs for a nuclear power facility. A
method of complying with with this paragraph unless there exists manufacturing license applicant may
Commission’s regulations, or portions significant new information that reference a standard design certification,
thereof, that underlie the corresponding substantially affects the earlier or a preliminary or final standard design
SRP acceptance criteria. The SRP was determination or other good cause. approval in its application. These
issued to establish criteria that the NRC (b) The determination and report by subparts may also be used
staff intends to use in evaluating the NRC staff do not constitute a independently of the provisions in this
whether an applicant meets the commitment to issue a permit or subpart.
Commission’s regulations. The SRP is license, or in any way affect the
authority of the Commission, Atomic § 52.155 Filing of applications.
not a substitute for the regulations, and
compliance is not a requirement; and Safety and Licensing Board Panel, or (a) Any person, except one excluded
(27) The NRC staff will advise the presiding officers in any proceeding by 10 CFR 50.38, may file an application
applicant on whether any technical under part 2 of this chapter. for a manufacturing license under this
information beyond that required by (c) Except for information requests subpart with the Director of Nuclear
this section must be submitted. seeking to verify compliance with the Reactor Regulation.
(b) The application must also contain: current licensing basis of the standard (b) The application must comply with
(1) A design-specific probabilistic risk design approval, information requests to the applicable filing requirements of
assessment (PRA); the holder of a standard design approval §§ 52.3 and 50.30 of this chapter.
(c) The fees associated with the filing they are pertinent. The following power (2) An individual located at any point
and review of the application are set reactor design characteristics will be on the outer boundary of the low
forth in 10 CFR part 170. taken into consideration by the population zone, who is exposed to the
Commission: radioactive cloud resulting from the
§ 52.156 Contents of applications; general (1) Intended use of the manufactured postulated fission product release
information.
reactor including the proposed (during the entire period of its passage)
The application must contain all of maximum power level and the nature would not receive a radiation dose in
the information required by 10 CFR and inventory of contained radioactive excess of 25 rem TEDE; and
50.33(a) through (d), and (j). materials; (3) The kinds and quantities of
§ 52.157 Contents of applications; (2) The extent to which generally radioactive materials expected to be
technical information in final safety analysis accepted engineering standards are produced in the operation and the
report. applied to the design of the reactor; and means for controlling and limiting
(3) The extent to which the reactor radioactive effluents and radiation
The application must contain a final
incorporates unique, unusual or exposures within the limits set forth in
safety analysis report containing the
enhanced safety features having a part 20 of this chapter.
information set forth below, with a level
significant bearing on the probability or (e) Information necessary to establish
of design information sufficient to that the design of the reactor to be
enable the Commission to judge the consequences of accidental release of
radioactive materials; manufactured complies with the
applicant’s proposed means of assuring technical requirements in part 50 of this
that the manufacturing conforms to the (d) The safety features that are to be
engineered into the reactor and those chapter, including:
design and to reach a final conclusion (1) An analysis and evaluation of the
on all safety questions associated with barriers that must be breached as a
result of an accident before a release of design and performance of structures,
the design, permit the preparation of systems, and components with the
construction and installation radioactive material to the environment
can occur. Special attention must be objective of assessing the risk to public
specifications by an applicant who health and safety resulting from
seeks to use the manufactured reactor, directed to reactor design features
operation of the facility and including
and permit the preparation of intended to mitigate the radiological
determination of the margins of safety
acceptance and inspection requirements consequences of accidents. In
during normal operations and transient
by the NRC: performing this assessment, an
conditions anticipated during the life of
(a) The principal design criteria for applicant shall assume a fission product
the facility, and the adequacy of
the reactor to be manufactured. release 11 from the core into the
structures, systems, and components
Appendix A of 10 CFR part 50, ‘‘General containment assuming that the facility
provided for the prevention of accidents
Design Criteria for Nuclear Power is operated at the ultimate power level
and the mitigation of the consequences
Plants,’’ establishes minimum contemplated. The applicant shall
of accidents. Analysis and evaluation of
requirements for the principal design perform an evaluation and analysis of
ECCS cooling performance and the need
criteria for water-cooled nuclear power the postulated fission product release,
for high-point vents following
plants similar in design and location to using the expected demonstrable
postulated loss-of-coolant accidents
plants for which construction permits containment leak rate and any fission
shall be performed in accordance with
have previously been issued by the product cleanup systems intended to
the requirements of §§ 50.46 and 50.46a
Commission and provides guidance to mitigate the consequences of the
of this chapter;
applicants in establishing principal accidents, together with applicable (2) A description and analysis of the
design criteria for other types of nuclear postulated site parameters, including fire protection design features for the
power units; site meteorology, to evaluate the offsite reactor necessary to comply with GDC 3
(b) The design bases and the relation radiological consequences. The and § 50.48 of this chapter;
of the design bases to the principal evaluation must determine that: (3) A description of protection
design criteria; (1) An individual located at any point provided against pressurized thermal
(c) A description and analysis of the on the boundary of the exclusion area shock events, including projected values
structures, systems, and components of for any 2 hour period following the of the reference temperature for reactor
the reactor to be manufactured, with onset of the postulated fission product vessel beltline materials as defined in
emphasis upon the materials of release, would not receive a radiation §§ 50.60 and 50.61 of this chapter;
manufacture, performance dose in excess of 25 rem 12 total effective (4) The analyses and the descriptions
requirements, the bases, with technical dose equivalent (TEDE); of the equipment and systems required
justification therefor, upon which the by § 50.44 of this chapter for
performance requirements have been combustible gas control;
established, and the evaluations hypothesized for purposes of site analysis or (5) The coping analyses required, and
required to show that safety functions postulated from considerations of possible any design features necessary to address
will be accomplished. The description accidental events. These accidents have generally station blackout, as described in § 50.63
shall be sufficient to permit been assumed to result in substantial meltdown of of this chapter;
the core with subsequent release into the
understanding of the system designs containment of appreciable quantities of fission
(6) The information on electric
and their relationship to safety products. equipment important to safety that is
evaluations. Items such as the reactor 12 A whole body dose of 25 rem has been stated required by 10 CFR 50.49(d);
core, reactor coolant system, to correspond numerically to the once in a lifetime (7) Information demonstrating how
accidental or emergency dose for radiation workers the applicant will comply with
instrumentation and control systems,
which, according to NCRP recommendations at the

electrical systems, containment system, time could be disregarded in the determination of requirements for reduction of risk from
other engineered safety features, their radiation exposure status (see NBS Handbook
auxiliary and emergency systems, power 69 dated June 5, 1959). However, its use is not value, which can be used in the evaluation of plant
intended to imply that this number constitutes an design features with respect to postulated reactor
conversion systems, radioactive waste acceptable limit for an emergency dose to the public accidents, to assure that these designs provide
handling systems, and fuel handling under accident conditions. Rather, this dose value assurance of low risk of public exposure to
systems shall be discussed insofar as has been set forth in this section as a reference radiation, in the event of an accident.
anticipated transients without scram (h) Justification that compliance with including the preparation and
(ATWS) events in § 50.62; the interface requirements of paragraph implementation of procedures necessary
(8) Information demonstrating how (a)(18) of this section is verifiable to guide the effort;
the applicant will comply with through inspection, testing (either in the (n) Necessary parameters to be used in
requirements for criticality accidents in plant or elsewhere), or analysis; developing plans for preoperational
§ 50.68(b)(2) through(b)(4); (i) A representative conceptual design testing and initial operation;
(9) through (10) [Reserved] for a nuclear power facility using the (o) Proposed technical resolutions of
(11) The information with respect to manufactured reactor, to aid the NRC in those Unresolved Safety Issues and
the design of equipment to maintain its review of the final safety analysis medium- and high-priority generic
control over radioactive materials in required by this section and the safety issues which are identified in the
gaseous and liquid effluents produced probabilistic risk assessment required version of NUREG–0933 current on the
during normal reactor operations, as by § 52.158(a), and to permit assessment date up to 6 months before application
described in § 50.34a(e) of this chapter; of the adequacy of the interface and which are technically relevant to
(12) The information necessary to requirements in paragraph (g) of this the design;
demonstrate compliance with any section; (p) A description of how operating
technically relevant portions of the (j) A description and analysis of experience insights from generic letters
Three Mile Island requirements set forth design features for the prevention and and bulletins issued up to six months
in § 50.34(f) of this chapter, except mitigation of severe accidents (core-melt before the docket date of the
paragraphs (f)(1)(xii), (f)(2)(ix), and accidents), including challenges to application, or comparable international
(f)(3)(v); containment integrity caused by core- operating experience, has been
(13) If the applicant seeks to use risk- concrete interaction, steam explosion, incorporated into the design of the
informed treatment of SSCs in high-pressure core melt ejection, reactor to be manufactured;
accordance with § 50.69 of this chapter, hydrogen detonation, and containment (q) An evaluation of the site against
the information required by § 50.69(b)(2) bypass; applicable sections of the Standard
of this chapter; (k) [Reserved] Review Plan revision in effect 6 months
(14) The earthquake engineering (l) If the reactor is to be used in before the docket date of the
criteria in appendix S to 10 CFR part 50; modular plant design, the various application. The evaluation required by
options for the configuration of the this section shall include an
(15) Information sufficient to
plant and site, including variations in, identification and description of all
demonstrate compliance with the
or sharing of, common systems, differences in analytical techniques and
applicable requirements regarding
interface requirements, and system procedural measures proposed for a site
testing, analysis, and prototypes as set
interactions must be described. The and those corresponding techniques and
forth in § 50.43(e) of this chapter;
final safety analysis and the measures given in the SRP acceptance
(16) The technical qualifications of
probabilistic risk assessment must criteria. Where a difference exists, the
the applicant to engage in the proposed
account for differences among the evaluation shall discuss how the
activities in accordance with the
various options, including any proposed alternative provides an
regulations in this chapter;
restrictions which will be necessary acceptable method of complying with
(17) A description of the quality
during the construction and startup of a the Commission’s regulations, or
assurance program to be applied to the
given module to ensure the safe portions thereof, that underlie the
design and manufacture of the
operation of any module already corresponding SRP acceptance criteria.
structures, systems, and components of
operating; The SRP was issued to establish criteria
the reactor. Appendix B to 10 CFR part (m) A description of the management
50, ‘‘Quality Assurance Criteria for that the NRC staff intends to use in
plan for design and manufacturing evaluating whether an applicant/
Nuclear Power Plants and Fuel activities, including:
Reprocessing Plants,’’ sets forth the licensee meets the Commission’s
(1) The organizational and regulations. The SRP is not a substitute
requirements for quality assurance management structure singularly
programs for nuclear power plants. The for the regulations, and compliance is
responsible for direction of design and not a requirement; and
description of the quality assurance manufacture of the reactor; (r) The NRC staff shall advise the
program must include a discussion of (2) Technical resources directed by applicant if any information beyond that
how the applicable requirements of the applicant, and the qualifications required by this section must be
appendix B to 10 CFR part 50 will be requirements; submitted.
satisfied; and (3) Details of the interaction of design
(18) Proposed technical specifications and manufacture within the applicant’s § 52.158 Contents of application;
applicable to the reactor being organization and the manner by which additional technical information.
manufactured, prepared in accordance the applicant will ensure close The application must contain:
with the requirements of §§ 50.36 and integration of the architect engineer and (a) Probabilistic risk assessment
50.36a of this chapter; the nuclear steam supply vendor, as (PRA). A design-specific PRA for the
(f) The site parameters postulated for applicable; reactor. If the application references a
the design, and an analysis and (4) Proposed procedures governing certified design, the PRA for the
evaluation of the reactor design in terms the preparation of the manufactured certified design must be updated to
of those site parameters; reactor for shipping to the site where it reflect any additional portions of the
(g) The interface requirements is to be operated, the conduct of reactor to be manufactured which are
between the manufactured reactor and shipping, and verifying the condition of not within the scope of the certified
the remaining portions of the nuclear the manufactured reactor upon receipt design.
power plant. These requirements must at the site; and (b)(1) Inspections, tests, analyses, and
be sufficiently detailed to allow for (5) The degree of top level acceptance criteria (ITAAC). The
completion of the final safety analysis management oversight and technical proposed inspections, tests and analyses
and probabilistic risk assessment control to be exercised by the applicant that the licensee who will be operating
required by § 52.158(a); during design and manufacture, the reactor shall perform, and the
acceptance criteria which are necessary requirements for docketing in (b) Each manufacturing license issued
and sufficient to provide reasonable § 2.101(a)(1) through (4) of this chapter, under this subpart shall specify:
assurance that, if the inspections, tests, and the requirements for issuance of a (1) Terms and conditions as the
and analyses are performed and the notice of hearing in § 2.104 of this Commission deems necessary and
acceptance criteria met: chapter, provided that the designated appropriate;
(i) The reactor has been manufactured sections may not be construed to require (2) Technical specifications for
in conformance with the manufacturing that the environmental report or draft or operation of the manufactured reactor,
license; the provisions of the Atomic final environmental impact statement as the Commission deems necessary and
Energy Act, and the NRC’s regulations; include an assessment of the benefits of appropriate;
and constructing and/or operating the (3) The number of nuclear power
(ii) The reactor will operate in manufactured reactor or an evaluation reactors authorized to be manufactured,
conformity with design characteristics of alternative energy sources. All and the latest date for completion of the
in the manufacturing license, any hearings on manufacturing licenses are manufacturing of all the reactors. The
license authorizing operation of the governed by the hearing procedures number of reactors to be specified in the
reactor as part of a nuclear power plant, contained in 10 CFR part 2, subparts C, manufacturing license may be no more
the provisions of the Act, and the NRC’s G and L. than the number of reactors whose start
regulations. of manufacture can practically begin
(2) If the application references a § 52.165 Referral to the Advisory
Committee on Reactor Safeguards (ACRS). within a 10-year period commencing on
standard design certification, the ITAAC the date of issuance of the
contained in the certified design must The Commission shall refer a copy of
manufacturing license;
apply to those portions of the facility the application to the ACRS. The ACRS
(4) Site parameters and design
design which are covered by the design shall report on those portions of the
characteristics for the manufactured
certification. application which concern safety.
reactor; and
(3) If the application references a § 52.167 Issuance of manufacturing (5) The interface requirements to be
standard design certification, the license. met by the site-specific elements of the
application may include a notification (a) After conducting a hearing in facility, such as the service water intake
that a required inspection, test, or accordance with § 52.163 and receiving structure and the ultimate heat sink, not
analysis in the design certification the report submitted by the ACRS, the within the scope of the manufactured
ITAAC has been successfully completed Commission may issue a manufacturing reactor.
and that the corresponding acceptance license if the Commission finds that: (c) A holder of a manufacturing
criterion has been met. The Federal (1) Applicable standards and license may not transport or allow to be
Register notification required by requirements of the Act and the removed from the place of manufacture
§ 52.163 must indicate that the Commission’s regulations have been the manufactured reactor except to the
application includes this notification. met; site of a licensee with either a
(c)(1) An environmental report as (2) There is reasonable assurance that construction permit under part 50 of
required by 10 CFR 51.54. The report the reactor(s) will be manufactured, and this chapter or a combined license
must address the costs and benefits of can be transported, incorporated into a under subpart C of this part. The
severe accident mitigation design nuclear power plant, and operated in construction permit or combined license
alternatives (SAMDAs), and the bases conformity with the manufacturing must authorize the construction of a
for not incorporating SAMDAs into the license, the provision of the Act, and the nuclear power facility using the
design of the reactor to be Commission’s regulations; manufactured reactor(s).
manufactured. The environmental (3) The proposed reactor(s) can be
report need not address the incorporated into a nuclear power plant § 52.169 [Reserved]
environmental impacts associated with and operated at sites having
manufacturing the reactor under the § 52.171 Finality of manufacturing
characteristics that fall within the site licenses; information requests.
manufacturing license. The related parameters postulated for the design of
environmental assessment prepared by the manufactured reactor(s) without (a)(1) Notwithstanding any provision
the NRC will be similarly directed. undue risk to the health and safety of in 10 CFR 50.109, during the term of a
(2) If the application references a the public; manufacturing license the Commission
standard design certification, the (4) The applicant is technically may not modify, rescind, or impose new
environmental report need not contain a qualified to design and manufacture the requirements on the design of the
discussion of severe accident mitigation proposed nuclear power reactor(s); nuclear power reactor being
design alternatives for the reactor. (5) The proposed inspections, tests, manufactured, or the requirements for
analyses and acceptance criteria are the manufacture of the nuclear power
§ 52.159 Standards for review of necessary and sufficient, within the reactor, unless the Commission
application. determines that a modification is
scope of the manufacturing license, to
Applications filed under this subpart provide reasonable assurance that the necessary to bring the design of the
will be reviewed according to the manufactured reactor has been reactor or its manufacture into
applicable standards set out in 10 CFR manufactured and will be operated in compliance with the Commission’s
parts 20, 50 and its appendices, 51, 73, conformity with the license, the requirements applicable and in effect at
and 100 and its appendices. provisions of the Act, and the the time the manufacturing license was
§ 52.161 [Reserved] Commission’s regulations; issued, or to provide reasonable
(6) The issuance of a license to the assurance of adequate protection to
§ 52.163 Administrative review of applicant will not be inimical to the public health and safety or common
applications; hearings. common defense and security or to the defense and security.
A proceeding on a manufacturing health and safety of the public; and (2) Any modification to the design of
license is subject to all applicable (7) The findings required by subpart a manufactured nuclear power reactor
procedural requirements contained in A of part 51 of this chapter have been which is imposed by the Commission
10 CFR part 2, including the made. under paragraph (a)(1) of this section
will be applied to all reactors by the NRC staff must be in accordance shall apply the criteria set forth in
manufactured under the license, with 10 CFR 50.54(f) and must be § 52.159.
including those that have already been approved by the Executive Director for
transported and sited, except those Operations or his or her designee before § 52.179 Criteria for renewal.
reactors to which the modification has issuance of the request. The Commission may grant the
been rendered technically irrelevant by renewal if the Commission determines:
action taken under paragraph (b)(1) of § 52.173 Duration of manufacturing (a) The manufacturing license
license. complies with the Atomic Energy Act
this section.
(3) In making the findings required for A manufacturing license issued under and the Commission’s regulations and
issuance of a construction permit, this subpart may be valid for not less orders applicable and in effect at the
operating license, combined license, than 5, nor more than 15 years from the time the manufacturing license was
and for any hearing under § 52.103, for date of issuance. A holder of a originally issued; and
which a nuclear power reactor manufacturing license may not initiate (b) Any new requirements the
manufactured under this subpart is the manufacture of a reactor less than 3 Commission may wish to impose are:
referenced or used, the Commission years before the expiration of the license (1) Necessary for adequate protection
shall treat as resolved those matters even though a timely application for to public health and safety or common
resolved in the proceeding on the renewal has been filed with the NRC. defense and security;
application for issuance or renewal of Upon expiration of the manufacturing (2) Necessary for compliance with the
the manufacturing license, including the license, the manufacture of any Commission’s regulations and orders
adequacy of design of the manufactured uncompleted reactors must cease unless applicable and in effect at the time the
reactor, the costs and benefits of a timely application for renewal has site permit was originally issued; or
SAMDAs, and the bases for not been filed with the NRC. (3) A substantial increase in overall
incorporating SAMDAs into the design protection of the public health and
of the reactor to be manufactured. § 52.175 Transfer of manufacturing safety or the common defense and
license. security to be derived from the new
(b)(1) The holder of a manufacturing
license may not make changes to the A manufacturing license may be requirements, and the direct and
design of the nuclear power reactor transferred in accordance with § 50.80 indirect costs of implementation of
authorized to be manufactured without of this chapter. those requirements are justified in view
prior Commission approval. The request of this increased protection.
§ 52.177 Application for renewal.
for a change to the design must be in the
(a) Not less than 12 months, nor more § 52.181 Duration of renewal.
form of an application for a license
amendment, and must meet the than 5 years before the expiration of the A renewed manufacturing license
requirements of 10 CFR 50.90 through manufacturing license, or any later may be valid for not less than 5, nor
50.92. renewal period, the holder of the more than 15 years from the date of
(2) An applicant or licensee who manufacturing license may apply for a renewal, and shall be subject to the
references or uses a nuclear power renewal of the license. An application requirements of §§ 52.171 and 52.175.
reactor manufactured under a for renewal must contain all information
manufacturing license under this necessary to bring up to date the Subpart G—[Reserved]
subpart may request a variance from the information and data contained in the
design characteristics, site parameters, previous application. Subpart H—Enforcement
terms and conditions, or approved (b) The filing of an application for a § 52.301 Violations.
design of the manufactured reactor. The renewed license must be in accordance
(a) The Commission may obtain an
Commission may grant a request only if with subpart A of 10 CFR part 2 and 10
injunction or other court order to
it determines that the variance will CFR 52.3 and 50.30.
prevent a violation of the provisions
comply with the requirements of 10 CFR (c) A manufacturing license, either
of—
50.12(a), and that the special original or renewed, for which a timely
(1) The Atomic Energy Act of 1954, as
circumstances outweigh any decrease in application for renewal has been filed,
amended;
safety that may result from the remains in effect until the Commission (2) Title II of the Energy
reduction in standardization caused by has made a final determination on the Reorganization Act of 1974, as
the exemption. The granting of a renewal application, provided, however, amended; or
variance on request of an applicant must that in accordance with § 52.173, the (3) A regulation or order issued under
be subject to litigation in the same holder of a manufacturing license may those Acts.
manner as other issues in the not begin manufacture of a reactor less (b) The Commission may obtain a
construction permit, operating license, than 3 years before the expiration of the court order for the payment of a civil
or combined license hearing. license. penalty imposed under Section 234 of
(c) Except for information requests (d) Any person whose interest may be the Atomic Energy Act:
seeking to verify compliance with the affected by renewal of the permit may (1) For violations of—
current licensing basis of either the request a hearing on the application for (i) Sections 53, 57, 62, 63, 81, 82, 101,
manufacturing license or the renewal. The request for a hearing must 103, 104, 107, or 109 of the Atomic
manufactured reactor, information comply with 10 CFR 2.309. If a hearing Energy Act of 1954, as amended;
requests to the holder of a is granted, notice of the hearing will be (ii) Section 206 of the Energy
manufacturing license or an applicant or published in accordance with 10 CFR Reorganization Act;
licensee using a manufactured reactor 2.104. (iii) Any regulation, or order issued
must be evaluated before issuance to (e) The Commission shall refer a copy under the sections specified in
ensure that the burden to be imposed on of the application for renewal to the paragraph (b)(1)(i) of this section;
respondents is justified in view of the Advisory Committee on Reactor (iv) Any term, condition, or limitation
potential safety significance of the issue Safeguards (ACRS). The ACRS shall of any license issued under the sections
to be addressed in the requested report on those portions of the specified in paragraph (b)(1)(i) of this
information. Each evaluation performed application which concern safety and section.
(2) For any violation for which a from Tier 2 information. Tier 1 information Control Document, GE Nuclear Energy,
license may be revoked under Section includes: Revision 4 dated March 1997, are approved
186 of the Atomic Energy Act of 1954, 1. Definitions and general provisions; for incorporation by reference by the Director
2. Design descriptions; of the Office of the Federal Register in
as amended. 3. Inspections, tests, analyses, and accordance with 5 U.S.C. 552(a) and 1 CFR
§ 52.303 Criminal penalties. acceptance criteria (ITAAC); part 51. Copies of the generic DCD may be
4. Significant site parameters; and obtained from the National Technical
(a) Section 223 of the Atomic Energy 5. Significant interface requirements. Information Service, 5285 Port Royal Road,
Act of 1954, as amended, provides for E. Tier 2 means the portion of the design- Springfield, Virginia 22161. A copy is
criminal sanctions for willful violation related information contained in the generic available for examination and copying at the
of, attempted violation of, or conspiracy DCD that is approved but not certified by this NRC Public Document Room located at One
to violate, any regulation issued under appendix (hereinafter Tier 2 information). White Flint North, 11555 Rockville Pike (first
Compliance with Tier 2 is required, but floor), Rockville, Maryland 20852. Copies are
Sections 161b, 161i, or 161o of the Act. generic changes to and plant-specific also available for examination at the NRC
For purposes of Section 223, all the departures from Tier 2 are governed by Library located at Two White Flint North,
regulations in this part 52 are issued Section VIII of this appendix. Compliance 11545 Rockville Pike, Rockville, Maryland
under one or more of Sections 161b, with Tier 2 provides a sufficient, but not the 20582 and the Office of the Federal Register,
161i, or 160o, except for the sections only acceptable, method for complying with 800 North Capitol Street, NW., Suite 700,
listed in paragraph (b) of this section. Tier 1. Compliance methods differing from Washington, DC.
Tier 2 must satisfy the change process in B. An applicant or licensee referencing this
(b) The regulations in this part 52 that Section VIII of this appendix. Regardless of
are not issued under Sections 161b, appendix, in accordance with Section IV of
these differences, an applicant or licensee this appendix, shall incorporate by reference
161i, or 161o for the purposes of Section must meet the requirement in Section III.B of and comply with the requirements of this
223 are as follows: §§ 52.0, 52.1, 52.2, this appendix to reference Tier 2 when appendix, including Tier 1, Tier 2, and the
52.3, 52.7, 52.8, 52.9, 52.10, 52.11, referencing Tier 1. Tier 2 information generic technical specifications except as
52.12, 52.13, 52.15, 52.16, 52.17, 52.18, includes: otherwise provided in this appendix.
52.21, 52.23, 52.24, 52.27, 52.28, 52.29, 1. Information required by 10 CFR 52.47,
Conceptual design information, as set forth in
with the exception of generic technical
52.31, 52.33, 52.39, 52.41, 52.43, 52.45, the generic DCD, and the ‘‘Technical Support
specifications and conceptual design
52.46, 52.47, 52.48, 52.51, 52.53, 52.54, Document for the ABWR’’ are not part of this
information;
52.55, 52.57, 52.59, 52.63, 52.71, 52.73, appendix. Tier 2 references to the
2. Information required for a final safety
52.75, 52.77, 52.79, 52.80, 52.81, 52.83, probabilistic risk assessment (PRA) in the
analysis report under 10 CFR 50.34;
52.85, 52.87, 52.93, 52.97, 52.98, 52.99, ABWR standard safety analysis report do not
3. Supporting information on the
incorporate the PRA into Tier 2.
52.103, 52.104, 52.105, 52.107, 52.109, inspections, tests, and analyses that will be
C. If there is a conflict between Tier 1 and
52.131, 52.133, 52.135, 52.136, 52.137, performed to demonstrate that the acceptance
Tier 2 of the DCD, then Tier 1 controls.
52.139, 52.141, 52.143, 52.145, 52.147, criteria in the ITAAC have been met; and
4. Combined license (COL) action items D. If there is a conflict between the generic
52.151, 52.153, 52.155, 52.156, 52.157, DCD and either the application for design
(COL license information), which identify
52.159, 52.163, 52.165, 52.167, 52.171, certain matters that must be addressed in the certification of the U.S. ABWR design or
52.173, 52.175, 52.177, 52.179, 52.181, site-specific portion of the final safety NUREG–1503, ‘‘Final Safety Evaluation
52.301, and 52.303. analysis report (FSAR) by an applicant who Report related to the Certification of the
references this appendix. These items Advanced Boiling Water Reactor Design,’’
Appendix A to Part 52—Design constitute information requirements but are (FSER) and Supplement No. 1, then the
Certification Rule for the U.S. not the only acceptable set of information in generic DCD controls.
Advanced Boiling Water Reactor the FSAR. An applicant may depart from or E. Design activities for structures, systems,
omit these items, provided that the departure and components that are wholly outside the
I. Introduction scope of this appendix may be performed
or omission is identified and justified in the
Appendix A constitutes the standard FSAR. After issuance of a construction using site characteristics, provided the design
design certification for the U.S. Advanced permit or COL, these items are not activities do not affect the DCD or conflict
Boiling Water Reactor (ABWR) design, in requirements for the licensee unless such with the interface requirements.
accordance with 10 CFR part 52, subpart B. items are restated in the FSAR.
The applicant for certification of the U.S. IV. Additional Requirements and
F. Tier 2* means the portion of the Tier 2 Restrictions
ABWR design was GE Nuclear Energy. information, designated as such in the
generic DCD, which is subject to the change A. An applicant for a license that wishes
II. Definitions to reference this appendix shall, in addition
process in Section VIII.B.6 of this appendix.
A. Generic design control document This designation expires for some Tier 2* to complying with the requirements of 10
(generic DCD) means the document information under Section VIII.B.6. CFR 52.77, 52.78, and 52.79, comply with the
containing the Tier 1 and Tier 2 information G. Departure from a method of evaluation following requirements:
and generic technical specifications that is described in the plant-specific DCD used in 1. Incorporate by reference, as part of its
incorporated by reference into this appendix. establishing the design bases or in the safety application, this appendix.
B. Generic technical specifications means analyses means: 2. Include, as part of its application:
the information, required by 10 CFR 50.36 (1) Changing any of the elements of the a. A plant-specific DCD containing the
and 50.36a, for the portion of the plant that method described in the plant-specific DCD same type of information and using the same
is within the scope of this appendix. unless the results of the analysis are organization and numbering as the generic
C. Plant-specific DCD means the document, conservative or essentially the same; or DCD for the U.S. ABWR design, as modified
maintained by an applicant or licensee who (2) Changing from a method described in and supplemented by the applicant’s
references this appendix, consisting of the the plant-specific DCD to another method exemptions and departures;
information in the generic DCD, as modified unless that method has been approved by b. The reports on departures from and
and supplemented by the plant-specific NRC for the intended application. updates to the plant-specific DCD required by
departures and exemptions made under H. All other terms in this appendix have paragraph X.B of this appendix;
Section VIII of this appendix. the meaning set out in 10 CFR 50.2 or 52.1, c. Plant-specific technical specifications,
D. Tier 1 means the portion of the design- or Section 11 of the Atomic Energy Act of consisting of the generic and site-specific
related information contained in the generic 1954, as amended, as applicable. technical specifications, that are required by
DCD that is approved and certified by this 10 CFR 50.36 and 50.36a;
appendix (hereinafter Tier 1 information). III. Scope and Contents d. Information demonstrating compliance
The design descriptions, interface A. Tier 1, Tier 2, and the generic technical with the site parameters and interface
requirements, and site parameters are derived specifications in the U.S. ABWR Design requirements;
e. Information that addresses the COL 4. All exemptions from the DCD under and or 10 CFR 52.103. If GE Nuclear Energy
action items; and in compliance with the change processes in declines to provide the information sought,
f. Information required by 10 CFR 52.47(a) Sections VIII.A.4 and VIII.B.4 of this GE Nuclear Energy shall send a written
that is not within the scope of this appendix. appendix, but only for that plant; response within 10 days of receiving the
3. Physically include, in the plant-specific 5. All departures from the DCD that are request to the requesting person setting forth
DCD, the proprietary information and approved by license amendment, but only for with particularity the reasons for its refusal.
safeguards information referenced in the U.S. that plant; The person may then request the
ABWR DCD. 6. Except as provided in paragraph Commission (or presiding officer, if a
B. The Commission reserves the right to VIII.B.5.f of this appendix, all departures proceeding has been established) to order
determine in what manner this appendix from Tier 2 pursuant to and in compliance disclosure. The person shall include copies
may be referenced by an applicant for a with the change processes in paragraph of the original request (and any subsequent
construction permit or operating license VIII.B.5 of this appendix that do not require clarifying information provided by the
under 10 CFR Part 50. prior NRC approval, but only for that plant; requesting party to the applicant) and the
V. Applicable Regulations 7. All environmental issues concerning applicant’s response. The Commission and
severe accident mitigation design alternatives presiding officer shall base their decisions
A. Except as indicated in paragraph B of associated with the information in the NRC’s solely on the person’s original request
this section, the regulations that apply to the final environmental assessment for the U.S. (including any clarifying information
U.S. ABWR design are in 10 CFR parts 20, ABWR design and Revision 1 of the technical provided by the requesting person to GE
50, 73, and 100, codified as of May 2, 1997, support document for the U.S. ABWR, dated Nuclear Energy), and GE Nuclear Energy’s
that are applicable and technically relevant, December 1994, for plants referencing this response. The Commission and presiding
as described in the FSER (NUREG–1503) and appendix whose site parameters are within officer may order GE Nuclear Energy to
Supplement No. 1. those specified in the technical support provide access to some or all of the requested
B. The U.S. ABWR design is exempt from document. information, subject to an appropriate non-
portions of the following regulations: C. The Commission does not consider disclosure agreement.
1. Paragraph (f)(2)(iv) of 10 CFR 50.34— operational requirements for an applicant or
Separate Plant Safety Parameter Display VII. Duration of This Appendix
licensee who references this appendix to be
Console; matters resolved within the meaning of 10 This appendix may be referenced for a
2. Paragraph (f)(2)(viii) of 10 CFR 50.34— CFR 52.63(a)(5). The Commission reserves period of 15 years from June 11, 1997, except
Post-Accident Sampling for Boron, Chloride, the right to require operational requirements as provided for in 10 CFR 52.55(b) and
and Dissolved Gases; and for an applicant or licensee who references 52.57(b). This appendix remains valid for an
3. Paragraph (f)(3)(iv) of 10 CFR 50.34— this appendix by rule, regulation, order, or applicant or licensee who references this
Dedicated Containment Penetration. license condition. appendix until the application is withdrawn
VI. Issue Resolution D. Except in accordance with the change or the license expires, including any period
processes in Section VIII of this appendix, of extended operation under a renewed
A. The Commission has determined that license.
the Commission may not require an applicant
the structures, systems, components, and
design features of the U.S. ABWR design or licensee who references this appendix to: VIII. Processes for Changes and Departures
comply with the provisions of the Atomic 1. Modify structures, systems, components,
or design features as described in the generic A. Tier 1 Information
Energy Act of 1954, as amended, and the
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 52.97(b). 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:
a. The nature of the proprietary or other B. Tier 2 Information
operational requirements, associated with the
information in the FSER and Supplement No. information sought; 1. Generic changes to Tier 2 information
1, Tier 1, Tier 2 (including referenced b. The reason why the information are governed by the requirements in 10 CFR
information which the context indicates is currently available to the public at the NRC 52.63(a)(1).
intended as requirements), and the Web site, http://www.nrc.gov, and/or at the 2. Generic changes to Tier 2 information
rulemaking record for certification of the U.S. NRC Public Document Room, is insufficient; are applicable to all applicants or licensees
ABWR design; c. The relevance of the requested who reference this appendix, except those for
2. All nuclear safety and safeguards issues information to the hearing issue(s) which the which the change has been rendered
associated with the information in person proposes to raise; and technically irrelevant by action taken under
proprietary and safeguards documents, d. A showing that the requesting person paragraphs B.3, B.4, B.5, or B.6 of this
referenced and in context, are intended as has the capability to understand and utilize section.
requirements in the generic DCD for the U.S. the requested information. 3. The Commission may not require new
ABWR design; 2. If a person claims that the information requirements on Tier 2 information by plant-
3. All generic changes to the DCD under is necessary to prepare a request for hearing, specific order while this appendix is in effect
and in compliance with the change processes the request must be filed no later than 15 under §§ 52.55 or 52.61, unless:
in Sections VIII.A.1 and VIII.B.1 of this days after publication in the Federal Register a. A modification is necessary to secure
appendix; of the notice required either by 10 CFR 52.85 compliance with the Commission’s
regulations applicable and in effect at the identified in the plant-specific DCD, requires thereafter subject to the departure provisions
time this appendix was approved, as set forth a license amendment if: in paragraph B.5 of this section.
in Section V of this appendix, or to assure (1) There is a substantial increase in the (1) ASME Boiler & Pressure Vessel Code,
adequate protection of the public health and probability of a severe accident such that a Section III.
safety or the common defense and security; particular severe accident previously (2) ACI 349 and ANSI/AISC–690.
and reviewed and determined to be not credible (3) Motor-operated valves.
b. Special circumstances as defined in 10 could become credible; or (4) Equipment seismic qualification
CFR 50.7 are present. (2) There is a substantial increase in the methods.
4. An applicant or licensee who references consequences to the public of a particular (5) Piping design acceptance criteria.
this appendix may request an exemption severe accident previously reviewed. (6) Fuel system and assembly design (4.2),
from Tier 2 information. The Commission d. If a departure requires a license except burnup limit.
may grant such a request only if it determines amendment pursuant to paragraphs B.5.b or (7) Nuclear design (4.3).
that the exemption will comply with the B.5.c of this section, it is governed by 10 CFR (8) Equilibrium cycle and control rod
requirements of 10 CFR 50.12(a). The 50.90. patterns (App. 4A).
Commission will deny a request for an e. A departure from Tier 2 information that (9) Control rod licensing acceptance
exemption from Tier 2, if it finds that the is made under paragraph B.5 of this section criteria (App. 4C).
design change will result in a significant does not require an exemption from this (10) Instrument setpoint methodology.
decrease in the level of safety otherwise appendix. (11) EMS performance specifications and
provided by the design. The grant of an f. A party to an adjudicatory proceeding for architecture.
exemption to an applicant must be subject to either the issuance, amendment, or renewal (12) SSLC hardware and software
litigation in the same manner as other issues of a license or for operation under 10 CFR qualification.
material to the license hearing. The grant of 52.103(a), who believes that an applicant or (13) Self-test system design testing features
an exemption to a licensee must be subject licensee who references this appendix has and commitments.
to an opportunity for a hearing in the same not complied with paragraph VIII.B.5 of this (14) Human factors engineering design and
manner as license amendments. appendix when departing from Tier 2 implementation process.
5.a. An applicant or licensee who information, may petition the NRC to admit d. Departures from Tier 2* information that
references this appendix may depart from into the proceeding such a contention. In are made under paragraph B.6 of this section
Tier 2 information, without prior NRC addition to compliance with the general do not require an exemption from this
approval, unless the proposed departure requirements of 10 CFR 2.309, the petition appendix.
involves a change to or departure from Tier must demonstrate that the departure does not
1 information, Tier 2* information, or the comply with paragraph VIII.B.5 of this C. Operational Requirements
technical specifications, or requires a license
appendix. Further, the petition must 1. Generic changes to generic technical
amendment under paragraphs B.5.b or B.5.c
demonstrate that the change bears on an specifications and other operational
of this section. When evaluating the
asserted noncompliance with an ITAAC requirements that were completely reviewed
proposed departure, an applicant or licensee
acceptance criterion in the case of a 10 CFR and approved in the design certification
shall consider all matters described in the
52.103 preoperational hearing, or that the rulemaking and do not require a change to a
plant-specific DCD.
b. A proposed departure from Tier 2, other change bears directly on the amendment design feature in the generic DCD are
than one affecting resolution of a severe request in the case of a hearing on a license governed by the requirements in 10 CFR
accident issue identified in the plant-specific amendment. Any other party may file a 50.109. Generic changes that do require a
DCD, requires a license amendment if it response. If, on the basis of the petition and change to a design feature in the generic DCD
would: any response, the presiding officer are governed by the requirements in
(1) Result in more than a minimal increase determines that a sufficient showing has been paragraphs A or B of this section.
in the frequency of occurrence of an accident made, the presiding officer shall certify the 2. Generic changes to generic technical
previously evaluated in the plant-specific matter directly to the Commission for specifications and other operational
DCD; determination of the admissibility of the requirements are applicable to all applicants
(2) Result in more than a minimal increase contention. The Commission may admit such or licensees who reference this appendix,
in the likelihood of occurrence of a a contention if it determines the petition except those for which the change has been
malfunction of a structure, system, or raises a genuine issue of material fact rendered technically irrelevant by action
component (SSC) important to safety regarding compliance with paragraph VIII.B.5 taken under paragraphs C.3 or C.4 of this
previously evaluated in the plant-specific of this appendix. section.
DCD; 6.a. An applicant who references this 3. The Commission may require plant-
(3) Result in more than a minimal increase appendix may not depart from Tier 2* specific departures on generic technical
in the consequences of an accident information, which is designated with specifications and other operational
previously evaluated in the plant-specific italicized text or brackets and an asterisk in requirements that were completely reviewed
DCD; the generic DCD, without NRC approval. The and approved, provided a change to a design
(4) Result in more than a minimal increase departure will not be considered a resolved feature in the generic DCD is not required
in the consequences of a malfunction of a issue, within the meaning of Section VI of and special circumstances as defined in 10
SSC important to safety previously evaluated this appendix and 10 CFR 52.63(a)(5). CFR 2.335 are present. The Commission may
in the plant-specific DCD; b. A licensee who references this appendix modify or supplement generic technical
(5) Create a possibility for an accident of may not depart from the following Tier 2* specifications and other operational
a different type than any evaluated matters without prior NRC approval. A requirements that were not completely
previously in the plant-specific DCD; request for a departure will be treated as a reviewed and approved or require additional
(6) Create a possibility for a malfunction of request for a license amendment under 10 technical specifications and other operational
an SSC important to safety with a different CFR 50.90. requirements on a plant-specific basis,
result than any evaluated previously in the (1) Fuel burnup limit (4.2). provided a change to a design feature in the
plant-specific DCD; (2) Fuel design evaluation (4.2.3). generic DCD is not required.
(7) Result in a design basis limit for a (3) Fuel licensing acceptance criteria 4. An applicant who references this
fission product barrier as described in the (appendix 4B). appendix may request an exemption from the
plant-specific DCD being exceeded or altered; c. A licensee who references this appendix generic technical specifications or other
or may not, before the plant first achieves full operational requirements. The Commission
(8) Result in a departure from a method of power following the finding required by 10 may grant such a request only if it determines
evaluation described in the plant-specific CFR 52.103(g), depart from the following Tier that the exemption will comply with the
DCD used in establishing the design bases or 2* matters except in accordance with requirements of 10 CFR 50.12(a). The grant
in the safety analyses. paragraph B.6.b of this section. After the of an exemption must be subject to litigation
c. A proposed departure from Tier 2 plant first achieves full power, the following in the same manner as other issues material
affecting resolution of a severe accident issue Tier 2* matters revert to Tier 2 status and are to the 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), 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 10 CFR
Section V of this appendix. Any other party hearing, their expiration will occur upon 50.71(e)(4), respectively, or at shorter
may file a response thereto. If, on the basis final Commission action in such proceeding. intervals as specified in the license.
of the petition and any response, the However, subsequent modifications must
Appendix B 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 System 80+
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 B constitutes design certification
issues with respect to the plant-specific X. Records and Reporting for the System 80+ 1 standard plant design,
technical specifications or other operational
in accordance with 10 CFR part 52, subpart
requirements are subject to a hearing as part A. Records
B. The applicant for certification of the
of the license proceeding. 1. The applicant for this appendix shall System 80+ design was Combustion
6. After issuance of a license, the generic maintain a copy of the generic DCD that Engineering, Inc. (ABB–CE), which is now
technical specifications have no further effect includes all generic changes to Tier 1 and Westinghouse Electric Company LLC.
on the plant-specific technical specifications Tier 2. The applicant shall maintain the
and changes to the plant-specific technical proprietary and safeguards information II. Definitions
specifications will be treated as license referenced in the generic DCD for the period A. Generic design control document
amendments under 10 CFR 50.90. that this appendix may be referenced, as (generic DCD) means the document
IX. Inspections, Tests, Analyses, and specified in Section VII of this appendix. containing the Tier 1 and Tier 2 information
Acceptance Criteria (ITAAC) 2. An applicant or licensee who references and generic technical specifications that is
this appendix shall maintain the plant- incorporated by reference into this appendix.
A.1 An applicant or licensee who specific DCD to accurately reflect both B. Generic technical specifications means
references this appendix shall perform and generic changes to the generic DCD and the information, required by 10 CFR 50.36
demonstrate conformance with the ITAAC plant-specific departures made under Section and 50.36a, for the portion of the plant that
before fuel load. With respect to activities VIII of this appendix throughout the period is within the scope of this appendix.
subject to an ITAAC, an applicant for a of application and for the term of the license C. Plant-specific DCD means the document,
license may proceed at its own risk with (including any period of renewal). maintained by an applicant or licensee who
design and procurement activities, and a 3. An applicant or licensee who references references this appendix, consisting of the
licensee may proceed at its own risk with this appendix shall prepare and maintain information in the generic DCD, as modified
design, procurement, construction, and written evaluations which provide the bases and supplemented by the plant-specific
preoperational activities, even though the for the determinations required by Section departures and exemptions made under
NRC may not have found that any particular VIII of this appendix. These evaluations must Section VIII of this appendix.
ITAAC has been met. be retained throughout the period of D. Tier 1 means the portion of the design-
2. The licensee who references this application and for the term of the license related information contained in the generic
appendix shall notify the NRC that the (including any period of renewal). DCD that is approved and certified by this
required inspections, tests, and analyses in appendix (hereinafter Tier 1 information).
the ITAAC have been successfully completed B. Reporting
The design descriptions, interface
and that the corresponding acceptance 1. An applicant or licensee who references requirements, and site parameters are derived
criteria have been met. this appendix shall submit a report to the from Tier 2 information. Tier 1 information
3. In the event that an activity is subject NRC containing a brief description of any includes:
to an ITAAC, and the applicant or licensee plant-specific departures from the DCD, 1. Definitions and general provisions;
who references this appendix has not including a summary of the evaluation of 2. Design descriptions;
demonstrated that the ITAAC has been met, each. This report must be filed in accordance 3. Inspections, tests, analyses, and
the applicant or licensee may either take with the filing requirements applicable to acceptance criteria (ITAAC);
corrective actions to successfully complete reports in 10 CFR 52.3. 4. Significant site parameters; and
that ITAAC, request an exemption from the 2. An applicant or licensee who references 5. Significant interface requirements.
ITAAC in accordance with Section VIII of this appendix shall submit updates to its E. Tier 2 means the portion of the design-
this appendix and 10 CFR 52.97(b), or DCD, which reflect the generic changes and related information contained in the generic
petition for rulemaking to amend this the plant-specific departures from the generic DCD that is approved but not certified by this
appendix by changing the requirements of DCD made under Section VIII of this appendix (hereinafter Tier 2 information).
the ITAAC, under 10 CFR 2.802 and 52.97(b). appendix. These updates must be filed under Compliance with Tier 2 is required, but
Such rulemaking changes to the ITAAC must the filing requirements applicable to final generic changes to and plant-specific
meet the requirements of paragraph VIII.A.1 safety analysis report updates in 10 CFR 52.3 departures from Tier 2 are governed by
of this appendix. and 50.71(e). Section VIII of this appendix. Compliance
B.1 The NRC shall ensure that the required 3. The reports and updates required by with Tier 2 provides a sufficient, but not the
inspections, tests, and analyses in the ITAAC paragraphs X.B.1 and X.B.2 must be only acceptable, method for complying with
are performed. The NRC shall verify that the submitted as follows: Tier 1. Compliance methods differing from
inspections, tests, and analyses referenced by a. On the date that an application for a Tier 2 must satisfy the change process in
the licensee have been successfully license referencing this appendix is
completed and, based solely thereon, find the submitted, the application must include the 1 ‘‘System 80+’’ is a trademark of Westinghouse
prescribed acceptance criteria have been met. report and any updates to the generic DCD. Electric Company LLC.
Section VIII of this appendix. Regardless of B. An applicant or licensee referencing this 1. Paragraph (f)(2)(iv) of 10 CFR 50.34—
these differences, an applicant or licensee appendix, in accordance with Section IV of Separate Plant Safety Parameter Display
must meet the requirement in Section III.B of this appendix, shall incorporate by reference Console;
this appendix to reference Tier 2 when and comply with the requirements of this 2. Paragraphs (f)(2) (vii), (viii), (xxvi), and
referencing Tier 1. Tier 2 information appendix, including Tier 1, Tier 2, and the (xxviii) of 10 CFR 50.34—Accident Source
includes: generic technical specifications except as Terms;
1. Information required by 10 CFR 52.47, otherwise provided in this appendix. 3. Paragraph (f)(2)(viii) of 10 CFR 50.34—
with the exception of generic technical Conceptual design information, as set forth in Post-Accident Sampling for Hydrogen,
specifications and conceptual design the generic DCD, and the Technical Support Boron, Chloride, and Dissolved Gases;
information; Document for the System 80+ design are not 4. Paragraph (f)(3)(iv) of 10 CFR 50.34—
2. Information required for a final safety part of this appendix. Dedicated Containment Penetration; and
analysis report under 10 CFR 50.34; C. If there is a conflict between Tier 1 and 5. Paragraphs III.A.1(a) and III.C.3(b) of
3. Supporting information on the Tier 2 of the DCD, then Tier 1 controls. Appendix J to 10 CFR 50—Containment
inspections, tests, and analyses that will be D. If there is a conflict between the generic Leakage Testing.
performed to demonstrate that the acceptance DCD and either the application for design
criteria in the ITAAC have been met; and VI. Issue Resolution
certification of the System 80+ design or
4. Combined license (COL) action items NUREG–1462, ‘‘Final Safety Evaluation A. The Commission has determined that
(COL license information), which identify Report Related to the Certification of the the structures, systems, components, and
certain matters that must be addressed in the System 80+ Design,’’ (FSER) and Supplement design features of the System 80+ design
site-specific portion of the final safety No. 1, then the generic DCD controls. comply with the provisions of the Atomic
analysis report (FSAR) by an applicant who E. Design activities for structures, systems, Energy Act of 1954, as amended, and the
references this appendix. These items applicable regulations identified in Section V
and components that are wholly outside the
constitute information requirements but are of this appendix; and therefore, provide
scope of this appendix may be performed
not the only acceptable set of information in adequate protection to the health and safety
using site characteristics, provided the design
the FSAR. An applicant may depart from or of the public. A conclusion that a matter is
activities do not affect the DCD or conflict
omit these items, provided that the departure resolved includes the finding that additional
or omission is identified and justified in the with the interface requirements.
or alternative structures, systems,
FSAR. After issuance of a construction IV. Additional Requirements and components, design features, design criteria,
permit or COL, these items are not Restrictions testing, analyses, acceptance criteria, or
requirements for the licensee unless such justifications are not necessary for the System
A. An applicant for a license that wishes
items are restated in the FSAR. 80+ design.
to reference this appendix shall, in addition
F. Tier 2* means the portion of the Tier 2 B. The Commission considers the
to complying with the requirements of 10
information, designated as such in the following matters resolved within the
CFR 52.77, 52.78, and 52.79, comply with the
generic DCD, which is subject to the change meaning of 10 CFR 52.63(a)(5) in subsequent
following requirements:
process in Section VIII.B.6 of this appendix. proceedings for issuance of a combined
1. Incorporate by reference, as part of its
This designation expires for some Tier 2* license, amendment of a combined license, or
information under Section VIII.B.6 of this application, this appendix;
2. Include, as part of its application: renewal of a combined license, proceedings
appendix.
a. A plant-specific DCD containing the held under 10 CFR 52.103, and enforcement
G. Departure from a method of evaluation
same type of information and using the same proceedings involving plants referencing this
described in the plant-specific DCD used in
organization and numbering as the generic appendix:
establishing the design bases or in the safety
DCD for the System 80+ design, as modified 1. All nuclear safety issues, except for the
analyses means:
and supplemented by the applicant’s generic technical specifications and other
(1) Changing any of the elements of the
exemptions and departures; operational requirements, associated with the
method described in the plant-specific DCD
b. The reports on departures from and information in the FSER and Supplement No.
unless the results of the analysis are
updates to the plant-specific DCD required by 1, Tier 1, Tier 2 (including referenced
conservative or essentially the same; or
(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
e. Information that addresses the COL requirements in the generic DCD for the
III. Scope and Contents action items; and System 80+ design;
A. Tier 1, Tier 2, and the generic technical f. Information required by 10 CFR 52.47(a) 3. All generic changes to the DCD under
specifications in the System 80+ Design that is not within the scope of this appendix. and in compliance with the change processes
Control Document, ABB–CE, with revisions 3. Physically include, in the plant-specific in Sections VIII.A.1 and VIII.B.1 of this
dated January 1997, are approved for DCD, the proprietary information referenced appendix;
incorporation by reference by the Director of in the System 80+ DCD. 4. All exemptions from the DCD under and
the Office of the Federal Register in 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 determine in what manner this appendix Sections VIII.A.4 and VIII.B.4 of this
part 51. Copies of the generic DCD may be may be referenced by an applicant for a appendix, but only for that plant;
obtained from the National Technical construction permit or operating license 5. All departures from the DCD that are
Information Service, 5285 Port Royal Road, 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 A. Except as indicated in paragraph B of VIII.B.5.f of this appendix, all departures
White Flint North 11555 Rockville Pike (first 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
System 80+ design and the technical support Westinghouse), and Westinghouse’s provided by the design. The grant of an
document for the System 80+ design, dated response. The Commission and presiding exemption to an applicant must be subject to
January 1995, for plants referencing this officer may order Westinghouse to provide litigation in the same manner as other issues
appendix whose site parameters are within access to some or all of the requested material to the license hearing. The grant of
those specified in the technical support information, subject to an appropriate non- an exemption to a licensee must be subject
document. disclosure agreement. to an opportunity for a hearing in the same
C. The Commission does not consider manner as license amendments.
operational requirements for an applicant or VII. Duration of This Appendix 5.a. An applicant or licensee who
licensee who references this appendix to be This appendix may be referenced for a references this appendix may depart from
matters resolved within the meaning of 10 period of 15 years from June 20, 1997, except Tier 2 information, without prior NRC
CFR 52.63(a)(5). The Commission reserves as provided for in 10 CFR 52.55(b) and approval, unless the proposed departure
the right to require operational requirements 52.57(b). This appendix remains valid for an involves a change to or departure from Tier
for an applicant or licensee who references applicant or licensee who references this 1 information, Tier 2* information, or the
this appendix by rule, regulation, order, or appendix until the application is withdrawn technical specifications, or requires a license
license condition. or the license expires, including any period amendment under paragraphs B.5.b or B.5.c
D. Except in accordance with the change of extended operation under a renewed of this section. When evaluating the
processes in Section VIII of this appendix, license. proposed departure, an applicant or licensee
the Commission may not require an applicant shall consider all matters described in the
VIII. Processes for Changes and Departures
or licensee who references this appendix to: plant-specific DCD.
1. Modify structures, systems, components, A. Tier 1 Information b. A proposed departure from Tier 2, other
or design features as described in the generic 1. Generic changes to Tier 1 information than one affecting resolution of a severe
DCD; are governed by the requirements in 10 CFR accident issue identified in the plant-specific
2. Provide additional or alternative 52.63(a)(1). DCD, requires a license amendment if it
structures, systems, components, or design 2. Generic changes to Tier 1 information would—
features not discussed in the generic DCD; or are applicable to all applicants or licensees (1) Result in more than a minimal increase
3. Provide additional or alternative design who reference this appendix, except those for in the frequency of occurrence of an accident
criteria, testing, analyses, acceptance criteria, which the change has been rendered previously evaluated in the plant-specific
or justification for structures, systems, technically irrelevant by action taken under DCD;
components, or design features discussed in paragraphs A.3 or A.4 of this section. (2) Result in more than a minimal increase
the generic DCD. 3. Departures from Tier 1 information that in the likelihood of occurrence of a
E.1. Persons who wish to review are required by the Commission through malfunction of a structure, system, or
proprietary information or other secondary plant-specific orders are governed by the component (SSC) important to safety
references in the DCD for the System 80+ requirements in 10 CFR 52.63(a)(4). previously evaluated in the plant-specific
design, in order to request or participate in 4. Exemptions from Tier 1 information are DCD;
the hearing required by 10 CFR 52.85 or the governed by the requirements in 10 CFR (3) Result in more than a minimal increase
hearing provided under 10 CFR 52.103, or to 52.63(b)(1) and 52.97(b). The Commission in the consequences of an accident
request or participate in any other hearing will deny a request for an exemption from previously evaluated in the plant-specific
relating to this appendix in which interested Tier 1, if it finds that the design change will DCD;
persons have adjudicatory hearing rights, result in a significant decrease in the level of (4) Result in more than a minimal increase
shall first request access to such information safety otherwise provided by the design. in the consequences of a malfunction of a
from Westinghouse. The request must state SSC important to safety previously evaluated
with particularity: B. Tier 2 Information in the plant-specific DCD;
a. The nature of the proprietary or other 1. Generic changes to Tier 2 information (5) Create a possibility for an accident of
information sought; are governed by the requirements in 10 CFR a different type than any evaluated
b. The reason why the information 52.63(a)(1). previously in the plant-specific DCD;
currently available to the public at the NRC 2. Generic changes to Tier 2 information (6) Create a possibility for a malfunction of
Web site, http://www.nrc.gov, and/or at the are applicable to all applicants or licensees an SSC important to safety with a different
NRC Public Document Room, is insufficient; who reference this appendix, except those for result than any evaluated previously in the
c. The relevance of the requested which the change has been rendered plant-specific DCD;
information to the hearing issue(s) which the technically irrelevant by action taken under (7) Result in a design basis limit for a
person proposes to raise; and paragraphs B.3, B.4, B.5, or B.6 of this fission product barrier as described in the
d. A showing that the requesting person section. plant-specific DCD being exceeded or altered;
has the capability to understand and utilize 3. The Commission may not require new or
the requested information. requirements on Tier 2 information by plant- (8) Result in a departure from a method of
2. If a person claims that the information specific order while this appendix is in effect evaluation described in the plant-specific
is necessary to prepare a request for hearing, under §§ 52.55 or 52.61, unless: DCD used in establishing the design bases or
the request must be filed no later than 15 a. A modification is necessary to secure in the safety analyses.
days after publication in the Federal Register compliance with the Commission’s c. A proposed departure from Tier 2
of the notice required either by 10 CFR 52.85 regulations applicable and in effect at the affecting resolution of a severe accident issue
or 10 CFR 52.103. If Westinghouse declines time this appendix was approved, as set forth identified in the plant-specific DCD, requires
to provide the information sought, in Section V of this appendix, or to assure a license amendment if—
Westinghouse shall send a written response adequate protection of the public health and (1) There is a substantial increase in the
within ten (10) days of receiving the request safety or the common defense and security; probability of a severe accident such that a
to the requesting person setting forth with and particular severe accident previously
particularity the reasons for its refusal. The b. Special circumstances as defined in 10 reviewed and determined to be not credible
person may then request the Commission (or CFR 52.7 are present. could become credible; or
presiding officer, if a proceeding has been 4. An applicant or licensee who references (2) There is a substantial increase in the
established) to order disclosure. The person this appendix may request an exemption consequences to the public of a particular
shall include copies of the original request from Tier 2 information. The Commission severe accident previously reviewed.
(and any subsequent clarifying information may grant such a request only if it determines d. If a departure requires a license
provided by the requesting party to the that the exemption will comply with the amendment under paragraph B.5.b or B.5.c of
applicant) and the applicant’s response. The requirements of 10 CFR 50.12(a). The this section, it is governed by 10 CFR 50.90.
Commission and presiding officer shall base Commission will deny a request for an e. A departure from Tier 2 information that
their decisions solely on the person’s original exemption from Tier 2, if it finds that the is made under paragraph B.5 of this section
request (including any clarifying information design change will result in a significant does not require an exemption from this
provided by the requesting person to decrease in the level of safety otherwise appendix.
f. A party to an adjudicatory proceeding for d. Departures from Tier 2* information that other operational requirements are subject to
either the issuance, amendment, or renewal are made under paragraph B.6 of this section a hearing as part of the license proceeding.
of a license or for operation under 10 CFR do not require an exemption from this 6. After issuance of a license, the generic
52.103(a), who believes that an applicant or appendix. technical specifications have no further effect
licensee who references this appendix has on the plant-specific technical specifications
not complied with paragraph VIII.B.5 of this C. Operational Requirements
and changes to the plant-specific technical
appendix when departing from Tier 2 1. Generic changes to generic technical specifications will be treated as license
information, may petition the NRC to admit specifications and other operational amendments under 10 CFR 50.90.
into the proceeding such a contention. In requirements that were completely reviewed
addition to compliance with the general and approved in the design certification IX. Inspections, Tests, Analyses, and
requirements of 10 CFR 2.309, the petition rulemaking and do not require a change to a Acceptance Criteria (ITAAC)
must demonstrate that the departure does not design feature in the generic DCD are A.1 An applicant or licensee who
comply with paragraph VIII.B.5 of this governed by the requirements in 10 CFR
references this appendix shall perform and
appendix. Further, the petition must 50.109. Generic changes that do require a
demonstrate conformance with the ITAAC
demonstrate that the change bears on an change to a design feature in the generic DCD
before fuel load. With respect to activities
asserted noncompliance with an ITAAC are governed by the requirements in
subject to an ITAAC, an applicant for a
acceptance criterion in the case of a 10 CFR paragraphs A or B of this section.
2. Generic changes to generic technical license may proceed at its own risk with
52.103 preoperational hearing, or that the
change bears directly on the amendment specifications and other operational design and procurement activities, and a
request in the case of a hearing on a license requirements are applicable to all applicants licensee may proceed at its own risk with
amendment. Any other party may file a or licensees who reference this appendix, design, procurement, construction, and
response. If, on the basis of the petition and except those for which the change has been preoperational activities, even though the
any response, the presiding officer rendered technically irrelevant by action NRC may not have found that any particular
determines that a sufficient showing has been taken under paragraphs C.3 or C.4 of this ITAAC has been met.
made, the presiding officer shall certify the section. 2. The licensee who references this
matter directly to the Commission for 3. The Commission may require plant- appendix shall notify the NRC that the
determination of the admissibility of the specific departures on generic technical required inspections, tests, and analyses in
contention. The Commission may admit such specifications and other operational the ITAAC have been successfully completed
a contention if it determines the petition requirements that were completely reviewed and that the corresponding acceptance
raises a genuine issue of material fact and approved, provided a change to a design criteria have been met.
regarding compliance with paragraph VIII.B.5 feature in the generic DCD is not required 3. In the event that an activity is subject
of this appendix. and special circumstances as defined in 10 to an ITAAC, and the applicant or licensee
6.a. An applicant who references this CFR 2.335 are present. The Commission may who references this appendix has not
appendix may not depart from Tier 2* modify or supplement generic technical demonstrated that the ITAAC has been met,
information, which is designated with specifications and other operational the applicant or licensee may either take
italicized text or brackets and an asterisk in requirements that were not completely corrective actions to successfully complete
the generic DCD, without NRC approval. The reviewed and approved or require additional that ITAAC, request an exemption from the
departure will not be considered a resolved technical specifications and other operational ITAAC in accordance with Section VIII of
issue, within the meaning of Section VI of requirements on a plant-specific basis, this appendix and 10 CFR 52.97(b), or
this appendix and 10 CFR 52.63(a)(5). provided a change to a design feature in the petition for rulemaking to amend this
b. A licensee who references this appendix generic DCD is not required. appendix by changing the requirements of
may not depart from the following Tier 2* 4. An applicant who references this the ITAAC, under 10 CFR 2.802 and 52.97(b).
matters without prior NRC approval. A appendix may request an exemption from the Such rulemaking changes to the ITAAC must
request for a departure will be treated as a generic technical specifications or other meet the requirements of Section VIII.A.1 of
request for a license amendment under 10 operational requirements. The Commission this appendix.
CFR 50.90. may grant such a request only if it determines B.1 The NRC shall ensure that the required
(1) Maximum fuel rod average burnup. that the exemption will comply with the inspections, tests, and analyses in the ITAAC
(2) Control room human factors requirements of 10 CFR 50.12(a). The grant are performed. The NRC shall verify that the
engineering. of an exemption must be subject to litigation inspections, tests, and analyses referenced by
c. A licensee who references this appendix in the same manner as other issues material
the licensee have been successfully
may not, before the plant first achieves full to the license hearing.
completed and, based solely thereon, find the
power following the finding required by 10 5. A party to an adjudicatory proceeding
prescribed acceptance criteria have been met.
CFR 52.103(g), depart from the following Tier for either the issuance, amendment, or
At appropriate intervals during construction,
2* matters except in accordance with renewal of a license or for operation under
the NRC shall publish notices of the
paragraph B.6.b of this section. After the 10 CFR 52.103(a), who believes that an
plant first achieves full power, the following successful completion of ITAAC in the
operational requirement approved in the
Tier 2* matters revert to Tier 2 status and are DCD or a technical specification derived from Federal Register.
thereafter subject to the departure provisions the generic technical specifications must be 2. In accordance with 10 CFR 52.103(g), the
in paragraph B.5 of this section. changed may petition to admit into the Commission shall find that the acceptance
(1) ASME Boiler & Pressure Vessel Code, proceeding such a contention. Such a criteria in the ITAAC for the license are met
Section III. petition must comply with the general before fuel load.
(2) ACI 349 and ANSI/AISC–690. requirements of 10 CFR 2.309 and must 3. After the Commission has made the
(3) Motor-operated valves. demonstrate why special circumstances as finding required by 10 CFR 52.103(g), the
(4) Equipment seismic qualification defined in 10 CFR 2.335 are present, or for ITAAC do not, by virtue of their inclusion
methods. compliance with the Commission’s within the DCD, constitute regulatory
(5) Piping design acceptance criteria. regulations in effect at the time this appendix requirements either for licensees or for
(6) Fuel and control rod design, except was approved, as set forth in Section V of renewal of the license; except for specific
burnup limit. this appendix. Any other party may file a ITAAC, which are the subject of a § 52.103(a)
(7) Instrumentation and controls setpoint response thereto. If, on the basis of the hearing, their expiration will occur upon
methodology. petition and any response, the presiding final Commission action in such proceeding.
(8) Instrumentation and controls hardware officer determines that a sufficient showing However, subsequent modifications must
and software changes. has been made, the presiding officer shall comply with the Tier 1 and Tier 2 design
(9) Instrumentation and controls certify the matter directly to the Commission descriptions in the plant-specific DCD unless
environmental qualification. for determination of the admissibility of the the licensee has complied with the
(10) Seismic design criteria for non-seismic contention. All other issues with respect to applicable requirements of 10 CFR 52.98 and
category I structures. the plant-specific technical specifications or Section VIII of this appendix.
X. Records and Reporting Appendix C to Part 52—Design addressed in the site-specific portion of the
Certification Rule for the AP600 Design final safety analysis report (FSAR) by an
A. Records applicant who references this appendix.
1. The applicant for this appendix shall I. Introduction These items constitute information
maintain a copy of the generic DCD that Appendix C constitutes the standard requirements but are not the only acceptable
includes all generic changes to Tier 1 and design certification for the AP600 1 design, in set of information in the FSAR. An applicant
Tier 2. The applicant shall maintain the accordance with 10 CFR part 52, subpart B. may depart from or omit these items,
The applicant for certification of the AP600 provided that the departure or omission is
proprietary and safeguards information
design is Westinghouse Electric Company identified and justified in the FSAR. After
referenced in the generic DCD for the period issuance of a construction permit or COL,
LLC.
that this appendix may be referenced, as these items are not requirements for the
specified in Section VII of this appendix. II. Definitions licensee unless such items are restated in the
2. An applicant or licensee who references A. Generic design control document FSAR.
this appendix shall maintain the plant- (generic DCD) means the document 5. The investment protection short-term
specific DCD to accurately reflect both containing the Tier 1 and Tier 2 information availability controls in Section 16.3 of the
generic changes to the generic DCD and and generic technical specifications that is DCD.
plant-specific departures made under Section incorporated by reference into this appendix. F. Tier 2* means the portion of the Tier 2
VIII of this appendix throughout the period B. Generic technical specifications means information, designated as such in the
the information, required by 10 CFR 50.36 generic DCD, which is subject to the change
of application and for the term of the license
and 50.36a, for the portion of the plant that process in Section VIII.B.6 of this appendix.
(including any period of renewal). is within the scope of this appendix. This designation expires for some Tier 2*
3. An applicant or licensee who references C. Plant-specific DCD means the document, information under Section VIII.B.6.
this appendix shall prepare and maintain maintained by an applicant or licensee who G. Departure from a method of evaluation
written evaluations which provide the bases references this appendix, consisting of the described in the plant-specific DCD used in
for the determinations required by Section information in the generic DCD, as modified establishing the design bases or in the safety
VIII of this appendix. These evaluations must and supplemented by the plant-specific analyses means:
be retained throughout the period of departures and exemptions made under (1) Changing any of the elements of the
application and for the term of the license Section VIII of this appendix. method described in the plant-specific DCD
(including any period of renewal). D. Tier 1 means the portion of the design- unless the results of the analysis are
related information contained in the generic conservative or essentially the same; or
B. Reporting DCD that is approved and certified by this (2) Changing from a method described in
appendix (hereinafter Tier 1 information). the plant-specific DCD to another method
1. An applicant or licensee who references
The design descriptions, interface unless that method has been approved by
this appendix shall submit a report to the
requirements, and site parameters are derived NRC for the intended application.
NRC containing a brief description of any from Tier 2 information. Tier 1 information H. All other terms in this appendix have
plant-specific departures from the DCD, includes: the meaning set out in 10 CFR 50.2 or 52.1,
including a summary of the evaluation of 1. Definitions and general provisions; or Section 11 of the Atomic Energy Act of
each. This report must be filed in accordance 2. Design descriptions; 1954, as amended, as applicable.
with the filing requirements applicable to 3. Inspections, tests, analyses, and
reports in 10 CFR 52.3. acceptance criteria (ITAAC); III. Scope and Contents
2. An applicant or licensee who references 4. Significant site parameters; and A. Tier 1, Tier 2 (including the investment
this appendix shall submit updates to its 5. Significant interface requirements. protection short-term availability controls in
DCD, which reflect the generic changes to E. Tier 2 means the portion of the design- Section 16.3), and the generic technical
and plant-specific departures from the related information contained in the generic specifications in the AP600 DCD (12/99
DCD that is approved but not certified by this revision) are approved for incorporation by
generic DCD made under Section VIII of this
appendix (hereinafter Tier 2 information). reference by the Director of the Office of the
appendix. These updates must be filed under Compliance with Tier 2 is required, but Federal Register on January 24, 2000, in
the filing requirements applicable to final generic changes to and plant-specific accordance with 5 U.S.C. 552(a) and 1 CFR
safety analysis report updates in 10 CFR 52.3 departures from Tier 2 are governed by Part 51. Copies of the generic DCD may be
and 50.71(e). Section VIII of this appendix. Compliance obtained from Ronald P. Vijuk, Manager,
3. The reports and updates required by with Tier 2 provides a sufficient, but not the Passive Plant Engineering, Westinghouse
paragraphs X.B.1 and X.B.2 must be only acceptable, method for complying with Electric Company, P.O. Box 355, Pittsburgh,
submitted as follows: Tier 1. Compliance methods differing from Pennsylvania 15230–0355. A copy of the
a. On the date that an application for a Tier 2 must satisfy the change process in generic DCD is available for examination and
license referencing this appendix is Section VIII of this appendix. Regardless of copying at the NRC Public Document Room
submitted, the application must include the these differences, an applicant or licensee located at One White Flint North, 11555
must meet the requirement in Section III.B of Rockville Pike (first floor), Rockville,
report and any updates to the generic DCD.
this appendix to reference Tier 2 when Maryland 20852. Copies are also available for
b. During the interval from the date of referencing Tier 1. Tier 2 information examination at the NRC Library located at
application for a license to the date the includes: Two White Flint North, 11545 Rockville
Commission makes the finding required by 1. Information required by 10 CFR 52.47, Pike, Rockville, Maryland 20582; and the
10 CFR 52.103(g), the report must be with the exception of generic technical Office of the Federal Register, 800 North
submitted semi-annually. Updates to the specifications and conceptual design Capitol Street, NW., Suite 700, Washington,
plant-specific DCD must be submitted information; DC.
annually and may be submitted along with 2. Information required for a final safety B. An applicant or licensee referencing this
amendments to the application. analysis report under 10 CFR 50.34; appendix, in accordance with Section IV of
c. After the Commission makes the finding 3. Supporting information on the this appendix, shall incorporate by reference
required by 10 CFR 52.103(g), the reports and inspections, tests, and analyses that will be and comply with the requirements of this
updates to the plant-specific DCD must be performed to demonstrate that the acceptance appendix, including Tier 1, Tier 2 (including
criteria in the ITAAC have been met; and the investment protection short-term
submitted, along with updates to the site-
4. Combined license (COL) action items availability controls in Section 16.3), and the
specific portion of the final safety analysis
(combined license information), which generic technical specifications except as
report for the facility, at the intervals identify certain matters that must be otherwise provided in this appendix.
required by 10 CFR 50.59(d)(2) and Conceptual design information in the generic
50.71(e)(4), respectively, or at shorter 1 AP600 is a trademark of Westinghouse Electric DCD and the evaluation of severe accident
intervals as specified in the license. Company LLC. mitigation design alternatives in Appendix
1B of the generic DCD are not part of this 4. Paragraph (a)(2) of 10 CFR 50.55a— licensee who references this appendix to be
appendix. ASME Boiler and Pressure Vessel Code; matters resolved within the meaning of 10
C. If there is a conflict between Tier 1 and 5. Paragraph (c)(1) of 10 CFR 50.62— CFR 52.63(a)(5). The Commission reserves
Tier 2 of the DCD, then Tier 1 controls. Auxiliary (or emergency) feedwater system; the right to require operational requirements
D. If there is a conflict between the generic 6. Appendix A to 10 CFR Part 50, GDC for an applicant or licensee who references
DCD and either the application for design 17—Offsite Power Sources; and this appendix by rule, regulation, order, or
certification of the AP600 design or NUREG– 7. Appendix A to 10 CFR Part 50, GDC license condition.
1512, ‘‘Final Safety Evaluation Report 19—whole body dose criterion. D. Except in accordance with the change
Related to Certification of the AP600 processes in Section VIII of this appendix,
VI. Issue Resolution
Standard Design,’’ (FSER), then the generic the Commission may not require an applicant
DCD controls. A. The Commission has determined that
the structures, systems, components, and or licensee who references this appendix to:
E. Design activities for structures, systems, 1. Modify structures, systems, components,
and components that are wholly outside the design features of the AP600 design comply
with the provisions of the Atomic Energy Act or design features as described in the generic
scope of this appendix may be performed DCD;
using site characteristics, provided the design of 1954, as amended, and the applicable
regulations identified in Section V of this 2. Provide additional or alternative
activities do not affect the DCD or conflict
appendix; and therefore, provide adequate structures, systems, components, or design
with the interface requirements.
protection to the health and safety of the features not discussed in the generic DCD; or
IV. Additional Requirements and public. A conclusion that a matter is resolved 3. Provide additional or alternative design
Restrictions includes the finding that additional or criteria, testing, analyses, acceptance criteria,
A. An applicant for a license that wishes alternative structures, systems, components, or justification for structures, systems,
to reference this appendix shall, in addition design features, design criteria, testing, components, or design features discussed in
to complying with the requirements of 10 analyses, acceptance criteria, or justifications the generic DCD.
CFR 52.77, 52.78, and 52.79, comply with the are not necessary for the AP600 design. E.1. Persons who wish to review
following requirements: B. The Commission considers the proprietary and safeguards information or
1. Incorporate by reference, as part of its following matters resolved within the other secondary references in the AP600
application, this appendix; meaning of 10 CFR 52.63(a)(5) in subsequent DCD, in order to request or participate in the
2. Include, as part of its application: proceedings for issuance of a combined hearing required by 10 CFR 52.85 or the
a. A plant-specific DCD containing the license, amendment of a combined license, or hearing provided under 10 CFR 52.103, or to
same type of information and utilizing the renewal of a combined license, proceedings request or participate in any other hearing
same organization and numbering as the held under 10 CFR 52.103, and enforcement relating to this appendix in which interested
generic DCD for the AP600 design, as proceedings involving plants referencing this persons have adjudicatory hearing rights,
modified and supplemented by the appendix: shall first request access to such information
applicant’s exemptions and departures; 1. All nuclear safety issues, except for the from Westinghouse. The request must state
b. The reports on departures from and generic technical specifications and other with particularity:
updates to the plant-specific DCD required by operational requirements, associated with the a. The nature of the proprietary or other
paragraph X.B of this appendix; information in the FSER and Supplement No. information sought;
c. Plant-specific technical specifications, 1, Tier 1, Tier 2 (including referenced b. The reason why the information
consisting of the generic and site-specific information which the context indicates is currently available to the public at the NRC
technical specifications, that are required by intended as requirements and the investment Web site, http://www.nrc.gov, and/or at the
10 CFR 50.36 and 50.36a; protection short-term availability controls in NRC Public Document Room, is insufficient;
d. Information demonstrating compliance Section 16.3), and the rulemaking record for c. The relevance of the requested
with the site parameters and interface certification of the AP600 design; information to the hearing issue(s) which the
requirements; 2. All nuclear safety and safeguards issues person proposes to raise; and
e. Information that addresses the COL associated with the information in d. A showing that the requesting person
action items; and proprietary and safeguards documents, has the capability to understand and utilize
f. Information required by 10 CFR 52.47(a) referenced and in context, are intended as the requested information.
that is not within the scope of this appendix. requirements in the generic DCD for the 2. If a person claims that the information
3. Physically include, in the plant-specific AP600 design; is necessary to prepare a request for hearing,
DCD, the proprietary information and 3. All generic changes to the DCD under the request must be filed no later than 15
safeguards information referenced in the and in compliance with the change processes
days after publication in the Federal Register
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
appendix, but only for that plant; within 10 days of receiving the request to the
under 10 CFR part 50.
5. All departures from the DCD that are requesting person setting forth with
V. Applicable Regulations approved by license amendment, but only for particularity the reasons for its refusal. The
A. Except as indicated in paragraph B of that plant; person may then request the Commission (or
this section, the regulations that apply to the 6. Except as provided in paragraph presiding officer, if a proceeding has been
AP600 design are in 10 CFR parts 20, 50, 73, VIII.B.5.f of this appendix, all departures established) to order disclosure. The person
and 100, codified as of December 16, 1999, from Tier 2 under and in compliance with shall include copies of the original request
that are applicable and technically relevant, the change processes in paragraph VIII.B.5 of (and any subsequent clarifying information
as described in the FSER (NUREG–1512) and this appendix that do not require prior NRC provided by the requesting party to the
the supplementary information for this approval, but only for that plant; applicant) and the applicant’s response. The
section. 7. All environmental issues concerning Commission and presiding officer shall base
B. The AP600 design is exempt from severe accident mitigation design alternatives their decisions solely on the person’s original
portions of the following regulations: (SAMDAs) associated with the information in request (including any clarifying information
1. Paragraph (a)(1) of 10 CFR 50.34—whole the NRC’s environmental assessment for the provided by the requesting person to
body dose criterion; AP600 design and appendix 1B of the generic Westinghouse), and Westinghouse’s
2. Paragraph (f)(2)(iv) of 10 CFR 50.34— DCD, for plants referencing this appendix response. The Commission and presiding
Plant Safety Parameter Display Console; whose site parameters are within those officer may order Westinghouse to provide
3. Paragraphs (f)(2)(vii), (viii), (xxvi), and specified in the SAMDA evaluation. access to some or all of the requested
(xxviii) of 10 CFR 50.34—Accident Source C. The Commission does not consider information, subject to an appropriate non-
Term in TID 14844; operational requirements for an applicant or disclosure agreement.
VII. Duration of This Appendix 5.a. An applicant or licensee who appendix when departing from Tier 2
This appendix may be referenced for a references this appendix may depart from information, may petition the NRC to admit
period of 15 years from January 24, 2000, Tier 2 information, without prior NRC into the proceeding such a contention. In
except as provided for in 10 CFR 52.55(b) approval, unless the proposed departure addition to compliance with the general
and 52.57(b). This appendix remains valid involves a change to or departure from Tier requirements of 10 CFR 2.309, the petition
for an applicant or licensee who references 1 information, Tier 2* information, or the must demonstrate that the departure does not
this appendix until the application is technical specifications, or requires a license comply with paragraph VIII.B.5 of this
withdrawn or the license expires, including amendment under paragraphs B.5.b or B.5.c appendix. Further, the petition must
any period of extended operation under a of this section. When evaluating the demonstrate that the change bears on an
renewed license. proposed departure, an applicant or licensee asserted noncompliance with an ITAAC
shall consider all matters described in the acceptance criterion in the case of a 10 CFR
VIII. Processes for Changes and Departures plant-specific DCD. 52.103 preoperational hearing, or that the
b. A proposed departure from Tier 2, other change bears directly on the amendment
A. Tier 1 Information
than one affecting resolution of a severe request in the case of a hearing on a license
1. Generic changes to Tier 1 information accident issue identified in the plant-specific amendment. Any other party may file a
are governed by the requirements in 10 CFR DCD, requires a license amendment if it response. If, on the basis of the petition and
52.63(a)(1). would: any response, the presiding officer
2. Generic changes to Tier 1 information (1) Result in more than a minimal increase determines that a sufficient showing has been
are applicable to all applicants or licensees in the frequency of occurrence of an accident made, the presiding officer shall certify the
who reference this appendix, except those for previously evaluated in the plant-specific matter directly to the Commission for
which the change has been rendered DCD; determination of the admissibility of the
technically irrelevant by action taken under (2) Result in more than a minimal increase contention. The Commission may admit such
paragraphs A.3 or A.4 of this section. in the likelihood of occurrence of a a contention if it determines the petition
3. Departures from Tier 1 information that malfunction of a structure, system, or raises a genuine issue of material fact
are required by the Commission through component (SSC) important to safety regarding compliance with paragraph VIII.B.5
plant-specific orders are governed by the previously evaluated in the plant-specific of this appendix.
requirements in 10 CFR 52.63(a)(4). DCD; 6.a. An applicant who references this
4. Exemptions from Tier 1 information are (3) Result in more than a minimal increase appendix may not depart from Tier 2*
governed by the requirements in 10 CFR in the consequences of an accident information, which is designated with
52.63(b)(1) and § 52.97(b). The Commission previously evaluated in the plant-specific italicized text or brackets and an asterisk in
will deny a request for an exemption from DCD; the generic DCD, without NRC approval. The
Tier 1, if it finds that the design change will departure will not be considered a resolved
(4) Result in more than a minimal increase
result in a significant decrease in the level of issue, within the meaning of Section VI of
in the consequences of a malfunction of a
safety otherwise provided by the design. this appendix and 10 CFR 52.63(a)(5).
SSC important to safety previously evaluated
b. A licensee who references this appendix
B. Tier 2 Information in the plant-specific DCD;
may not depart from the following Tier 2*
1. Generic changes to Tier 2 information (5) Create a possibility for an accident of
matters without prior NRC approval. A
are governed by the requirements in 10 CFR a different type than any evaluated request for a departure will be treated as a
52.63(a)(1). previously in the plant-specific DCD; request for a license amendment under 10
2. Generic changes to Tier 2 information (6) Create a possibility for a malfunction of CFR 50.90.
are applicable to all applicants or licensees an SSC important to safety with a different (1) Maximum fuel rod average burn-up.
who reference this appendix, except those for result than any evaluated previously in the (2) Fuel principal design requirements.
which the change has been rendered plant-specific DCD; (3) Fuel criteria evaluation process.
technically irrelevant by action taken under (7) Result in a design basis limit for a (4) Fire areas.
paragraphs B.3, B.4, B.5, or B.6 of this fission product barrier as described in the (5) Human factors engineering.
section. plant-specific DCD being exceeded or altered; c. A licensee who references this appendix
3. The Commission may not require new or may not, before the plant first achieves full
requirements on Tier 2 information by plant- (8) Result in a departure from a method of power following the finding required by 10
specific order while this appendix is in effect evaluation described in the plant-specific CFR 52.103(g), depart from the following Tier
under §§ 52.55 or 52.61, unless: DCD used in establishing the design bases or 2* matters except in accordance with
a. A modification is necessary to secure in the safety analyses. paragraph B.6.b of this section. After the
compliance with the Commission’s c. A proposed departure from Tier 2 plant first achieves full power, the following
regulations applicable and in effect at the affecting resolution of a severe accident issue Tier 2* matters revert to Tier 2 status and are
time this appendix was approved, as set forth identified in the plant-specific DCD, requires thereafter subject to the departure provisions
in Section V of this appendix, or to assure a license amendment if: in paragraph B.5 of this section.
adequate protection of the public health and (1) There is a substantial increase in the (1) Nuclear Island structural dimensions.
safety or the common defense and security; probability of a severe accident such that a (2) ASME Boiler and Pressure Vessel Code,
and particular severe accident previously Section III, and Code Case –284.
b. Special circumstances as defined in 10 reviewed and determined to be not credible (3) Design Summary of Critical Sections.
CFR 52.7 are present. could become credible; or (4) ACI 318, ACI 349, and ANSI/AISC—
4. An applicant or licensee who references (2) There is a substantial increase in the 690.
this appendix may request an exemption consequences to the public of a particular (5) Definition of critical locations and
from Tier 2 information. The Commission severe accident previously reviewed. thicknesses.
may grant such a request only if it determines d. If a departure requires a license (6) Seismic qualification methods and
that the exemption will comply with the amendment under paragraphs B.5.b or B.5.c standards.
requirements of 10 CFR 50.12(a). The of this section, it is governed by 10 CFR (7) Nuclear design of fuel and reactivity
Commission will deny a request for an 50.90. control system, except burn-up limit.
exemption from Tier 2, if it finds that the e. A departure from Tier 2 information that (8) Motor-operated and power-operated
design change will result in a significant is made under paragraph B.5 of this section valves.
decrease in the level of safety otherwise does not require an exemption from this (9) Instrumentation and control system
provided by the design. The grant of an appendix. design processes, methods, and standards.
exemption to an applicant must be subject to f. A party to an adjudicatory proceeding for (10) PRHR natural circulation test (first
litigation in the same manner as other issues either the issuance, amendment, or renewal plant only).
material to the license hearing. The grant of of a license or for operation under 10 CFR (11) ADS and CMT verification tests (first
an exemption to a licensee must be subject 52.103(a), who believes that an applicant or three plants only).
to an opportunity for a hearing in the same licensee who references this appendix has d. Departures from Tier 2* information that
manner as license amendments. not complied with paragraph VIII.B.5 of this are made under paragraph B.6 of this section
do not require an exemption from this 6. After issuance of a license, the generic includes all generic changes to Tier 1 and
appendix. technical specifications have no further effect Tier 2. The applicant shall maintain the
on the plant-specific technical specifications proprietary and safeguards information
C. Operational Requirements and changes to the plant-specific technical referenced in the generic DCD for the period
1. Generic changes to generic technical specifications will be treated as license that this appendix may be referenced, as
specifications and other operational amendments under 10 CFR 50.90. specified in Section VII of this appendix.
requirements that were completely reviewed 2. An applicant or licensee who references
and approved in the design certification IX. Inspections, Tests, Analyses, and this appendix shall maintain the plant-
rulemaking and do not require a change to a Acceptance Criteria (ITAAC) specific DCD to accurately reflect both
design feature in the generic DCD are A.1 An applicant or licensee who generic changes to the generic DCD and
governed by the requirements in 10 CFR references this appendix shall perform and plant-specific departures made under Section
50.109. Generic changes that do require a demonstrate conformance with the ITAAC VIII of this appendix throughout the period
change to a design feature in the generic DCD before fuel load. With respect to activities of application and for the term of the license
are governed by the requirements in subject to an ITAAC, an applicant for a (including any period of renewal).
paragraphs A or B of this section. license may proceed at its own risk with 3. An applicant or licensee who references
2. Generic changes to generic technical design and procurement activities, and a this appendix shall prepare and maintain
specifications and other operational licensee may proceed at its own risk with written evaluations which provide the bases
requirements are applicable to all applicants design, procurement, construction, and for the determinations required by Section
or licensees who reference this appendix, preoperational activities, even though the VIII of this appendix. These evaluations must
except those for which the change has been NRC may not have found that any particular be retained throughout the period of
rendered technically irrelevant by action ITAAC has been met. application and for the term of the license
taken under paragraphs C.3 or C.4 of this 2. The licensee who references this (including any period of renewal).
section. appendix shall notify the NRC that the
required inspections, tests, and analyses in B. Reporting
3. The Commission may require plant-
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,
to an ITAAC, and the applicant or licensee including a summary of the evaluation of
feature in the generic DCD is not required
who references this appendix has not each. This report must be filed in accordance
and special circumstances as defined in 10
demonstrated that the ITAAC has been met, with the filing requirements applicable to
CFR 2.335 are present. The Commission may
the applicant or licensee may either take reports in 10 CFR 52.3.
modify or supplement generic technical
corrective actions to successfully complete 2. An applicant or licensee who references
specifications and other operational that ITAAC, request an exemption from the
requirements that were not completely this appendix shall submit updates to its
ITAAC in accordance with Section VIII of DCD, which reflect the generic changes to
reviewed and approved or require additional this appendix and 10 CFR 52.97(b), or and plant-specific departures from the
technical specifications and other operational petition for rulemaking to amend this generic DCD made under Section VIII of this
requirements on a plant-specific basis, appendix by changing the requirements of appendix. These updates must be filed under
provided a change to a design feature in the the ITAAC, under 10 CFR 2.802 and 52.97(b). the filing requirements applicable to final
generic DCD is not required. Such rulemaking changes to the ITAAC must safety analysis report updates in 10 CFR 52.3
4. An applicant who references this meet the requirements of paragraph VIII.A.1 and 50.71(e).
appendix may request an exemption from the of this appendix. 3. The reports and updates required by
generic technical specifications or other B.1 The NRC shall ensure that the required paragraphs X.B.1 and X.B.2 must be
operational requirements. The Commission inspections, tests, and analyses in the ITAAC submitted as follows:
may grant such a request only if it determines are performed. The NRC shall verify that the a. On the date that an application for a
that the exemption will comply with the inspections, tests, and analyses referenced by license referencing this appendix is
requirements of 10 CFR 50.12(a). The grant the licensee have been successfully submitted, the application must include the
of an exemption must be subject to litigation completed and, based solely thereon, find the report and any updates to the generic DCD.
in the same manner as other issues material prescribed acceptance criteria have been met. b. During the interval from the date of
to the license hearing. At appropriate intervals during construction, application for a license to the date the
5. A party to an adjudicatory proceeding the NRC shall publish notices of the Commission makes the finding required by
for either the issuance, amendment, or successful completion of ITAAC in the 10 CFR 52.103(g), the report must be
renewal of a license or for operation under Federal Register. submitted semi-annually. Updates to the
10 CFR 52.103(a), who believes that an 2. In accordance with 10 CFR 52.103(g), the plant-specific DCD must be submitted
operational requirement approved in the Commission shall find that the acceptance annually and may be submitted along with
DCD or a technical specification derived from criteria in the ITAAC for the license are met amendments to the application.
the generic technical specifications must be before fuel load. c. After the Commission makes the finding
changed may petition to admit into the 3. After the Commission has made the required by 10 CFR 52.103(g), the reports and
proceeding such a contention. Such petition finding required by 10 CFR 52.103(g), the updates to the plant-specific DCD must be
must comply with the general requirements ITAAC do not, by virtue of their inclusion submitted, along with updates to the site-
of 10 CFR 2.309 and must demonstrate why within the DCD, constitute regulatory specific portion of the final safety analysis
special circumstances as defined in 10 CFR requirements either for licensees or for
report for the facility, at the intervals
2.335 are present, or for compliance with the renewal of the license; except for specific
required by 10 CFR 50.59(d)(2) and 50.71(e),
Commission’s regulations in effect at the time ITAAC, which are the subject of a § 52.103(a)
respectively, or at shorter intervals as
this appendix was approved, as set forth in hearing, their expiration will occur upon
specified in the license.
Section V of this appendix. Any other party final Commission action in such proceeding.
may file a response thereto. If, on the basis However, subsequent modifications must Appendix D to Part 52—Design
of the petition and any response, the comply with the Tier 1 and Tier 2 design Certification Rule for the AP1000
presiding officer determines that a sufficient descriptions in the plant-specific DCD unless
Design
showing has been made, the presiding officer the licensee has complied with the
shall certify the matter directly to the applicable requirements of 10 CFR 52.98 and I. Introduction
Commission for determination of the Section VIII of this appendix. Appendix D constitutes the standard
admissibility of the contention. All other X. Records and Reporting design certification for the AP1000 1 design,
issues with respect to the plant-specific in accordance with 10 CFR part 52, subpart
technical specifications or other operational A. Records
requirements are subject to a hearing as part 1. The applicant for this appendix shall 1 AP1000 is a trademark of Westinghouse Electric
of the license proceeding. maintain a copy of the generic DCD that Company LLC.
B. The applicant for certification of the 5. The investment protection short-term E. Design activities for structures, systems,
AP1000 design is Westinghouse Electric availability controls in Section 16.3 of the and components that are wholly outside the
Company LLC. DCD. scope of this appendix may be performed
F. Tier 2* means the portion of the Tier 2 using site characteristics, provided the design
II. Definitions information, designated as such in the activities do not affect the DCD or conflict
A. Generic design control document generic DCD, which is subject to the change with the interface requirements.
(generic DCD) means the document process in Section VIII.B.6 of this appendix.
containing the Tier 1 and Tier 2 information This designation expires for some Tier 2* IV. Additional Requirements and
and generic technical specifications that is information under paragraph VIII.B.6. Restrictions
incorporated by reference into this appendix. G. Departure from a method of evaluation A. An applicant for a license that wishes
B. Generic technical specifications means described in the plant-specific DCD used in to reference this appendix shall, in addition
the information required by 10 CFR 50.36 establishing the design bases or in the safety to complying with the requirements of 10
and 50.36a for the portion of the plant that analyses means: CFR 52.77, 52.78, and 52.79, comply with the
is within the scope of this appendix. 1. Changing any of the elements of the following requirements:
C. Plant-specific DCD means the document method described in the plant-specific DCD 1. Incorporate by reference, as part of its
maintained by an applicant or licensee who unless the results of the analysis are application, this appendix.
references this appendix consisting of the conservative or essentially the same; or 2. Include, as part of its application:
information in the generic DCD as modified 2. Changing from a method described in a. A plant-specific DCD containing the
and supplemented by the plant-specific the plant-specific DCD to another method same type of information and using the same
departures and exemptions made under unless that method has been approved by the organization and numbering as the generic
Section VIII of this appendix. NRC for the intended application. DCD for the AP1000 design, as modified and
D. Tier 1 means the portion of the design- H. All other terms in this appendix have supplemented by the applicant’s exemptions
related information contained in the generic the meaning set out in 10 CFR 50.2, or 52.1, and departures;
DCD that is approved and certified by this or Section 11 of the Atomic Energy Act of b. The reports on departures from and
appendix (Tier 1 information). The design 1954, as amended, as applicable. updates to the plant-specific DCD required by
descriptions, interface requirements, and site paragraph X.B of this appendix;
III. Scope and Contents
parameters are derived from Tier 2 c. Plant-specific TS, consisting of the
A. Tier 1, Tier 2 (including the investment generic and site-specific TS that are required
information. Tier 1 information includes:
protection short-term availability controls in by 10 CFR 50.36 and 50.36a;
1. Definitions and general provisions;
Section 16.3), and the generic TS in the d. Information demonstrating compliance
2. Design descriptions;
AP1000 DCD (Revision 15, dated December with the site parameters and interface
3. Inspections, tests, analyses, and
8, 2005) are approved for incorporation by requirements;
acceptance criteria (ITAAC);
reference by the Director of the Office of the e. Information that addresses the COL
4. Significant site parameters; and
Federal Register on February 27, 2006, under action items; and
5. Significant interface requirements.
5 U.S.C. 552(a) and 1 CFR part 51. Copies of f. Information required by 10 CFR 52.47(a)
E. Tier 2 means the portion of the design-
the generic DCD may be obtained from that is not within the scope of this appendix.
related information contained in the generic
Ronald P. Vijuk, Manager, Passive Plant 3. Physically include, in the plant-specific
DCD that is approved but not certified by this Engineering, Westinghouse Electric
appendix (Tier 2 information). Compliance DCD, the proprietary information and
Company, P.O. Box 355, Pittsburgh, safeguards information referenced in the
with Tier 2 is required, but generic changes Pennsylvania 15230–0355. A copy of the
to and plant-specific departures from Tier 2 AP1000 DCD.
generic DCD is also available for examination B. The Commission reserves the right to
are governed by Section VIII of this and copying at the NRC Public Document
appendix. Compliance with Tier 2 provides determine in what manner this appendix
Room, One White Flint North, 11555 may be referenced by an applicant for a
a sufficient, but not the only acceptable, Rockville Pike, Rockville, Maryland 20852.
method for complying with Tier 1. construction permit or operating license
Copies are available for examination at the under 10 CFR part 50.
Compliance methods differing from Tier 2 NRC Library, Two White Flint North, 11545
must satisfy the change process in Section Rockville Pike, Rockville, Maryland, V. Applicable Regulations
VIII of this appendix. Regardless of these telephone (301) 415–5610, e-mail A. Except as indicated in paragraph B of
differences, an applicant or licensee must LIBRARY@NRC.GOV or at the National this section, the regulations that apply to the
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 10 CFR 52.47, federal_register/code_of_federal_regulations/ Supplement No. 1.
with the exception of generic TS, the design- ibr_locations.html. B. The AP1000 design is exempt from
specific PRA, the evaluation of SAMDAs, and B. An applicant or licensee referencing this portions of the following regulations:
conceptual design information; appendix, in accordance with Section IV of 1. Paragraph (f)(2)(iv) of 10 CFR 50.34—
2. Information required for a final safety this appendix, shall incorporate by reference Plant Safety Parameter Display Console;
analysis report under 10 CFR 50.34; and comply with the requirements of this 2. Paragraph (c)(1) of 10 CFR 50.62—
3. Supporting information on the appendix, including Tier 1, Tier 2 (including Auxiliary (or emergency) feedwater system;
inspections, tests, and analyses that will be the investment protection short-term and
performed to demonstrate that the acceptance availability controls in Section 16.3 of the 3. Appendix A to 10 CFR part 50, GDC
criteria in the ITAAC have been met; and DCD), and the generic TS except as otherwise 17—Second offsite power supply circuit.
4. COL action items (COL information), provided in this appendix. Conceptual
which identify certain matters that must be design information in the generic DCD and VI. Issue Resolution
addressed in the site-specific portion of the the evaluation of SAMDAs in appendix 1B of A. The Commission has determined that
FSAR by an applicant who references this the generic DCD are not part of this the structures, systems, components, and
appendix. These items constitute information appendix. design features of the AP1000 design comply
requirements but are not the only acceptable C. If there is a conflict between Tier 1 and with the provisions of the Atomic Energy Act
set of information in the FSAR. An applicant Tier 2 of the DCD, then Tier 1 controls. of 1954, as amended, and the applicable
may depart from or omit these items, D. If there is a conflict between the generic regulations identified in Section V of this
provided that the departure or omission is DCD and either the application for design appendix; and therefore, provide adequate
identified and justified in the FSAR. After certification of the AP1000 design or protection to the health and safety of the
issuance of a construction permit or COL, NUREG–1793, ‘‘Final Safety Evaluation public. A conclusion that a matter is resolved
these items are not requirements for the Report Related to Certification of the AP1000 includes the finding that additional or
licensee unless such items are restated in the Standard Design,’’ (FSER) and Supplement alternative structures, systems, components,
FSAR. No. 1, then the generic DCD controls. design features, design criteria, testing,
analyses, acceptance criteria, or justifications other secondary references in the AP1000 4. Exemptions from Tier 1 information are
are not necessary for the AP1000 design. DCD, in order to request or participate in the governed by the requirements in 10 CFR
B. The Commission considers the hearing required by 10 CFR 52.85 or the 52.63(b)(1) and 52.97(b). The Commission
following matters resolved within the hearing provided under 10 CFR 52.103, or to will deny a request for an exemption from
meaning of 10 CFR 52.63(a)(5) in subsequent request or participate in any other hearing Tier 1, if it finds that the design change will
proceedings for issuance of a COL, relating to this appendix in which interested result in a significant decrease in the level of
amendment of a COL, or renewal of a COL, persons have adjudicatory hearing rights, safety otherwise provided by the design.
proceedings held under 10 CFR 52.103, and shall first request access to such information
enforcement proceedings involving plants from Westinghouse. The request must state B. Tier 2 Information
referencing this appendix: with particularity: 1. Generic changes to Tier 2 information
1. All nuclear safety issues, except for the a. The nature of the proprietary or other are governed by the requirements in 10 CFR
generic TS and other operational information sought; 52.63(a)(1).
requirements, associated with the b. The reason why the information 2. Generic changes to Tier 2 information
information in the FSER and Supplement No. currently available to the public in the NRC’s are applicable to all applicants or licensees
1, Tier 1, Tier 2 (including referenced public document room is insufficient; who reference this appendix, except those for
information, which the context indicates is c. The relevance of the requested which the change has been rendered
intended as requirements, and the information to the hearing issue(s) which the technically irrelevant by action taken under
investment protection short-term availability person proposes to raise; and paragraphs B.3, B.4, B.5, or B.6 of this
controls in Section 16.3 of the DCD), and the d. A showing that the requesting person section.
rulemaking record for certification of the has the capability to understand and utilize 3. The Commission may not require new
AP1000 design; the requested information. requirements on Tier 2 information by plant-
2. All nuclear safety and safeguards issues 2. If a person claims that the information specific order while this appendix is in effect
associated with the information in is necessary to prepare a request for hearing, under 10 CFR 52.55 or 52.61, unless:
proprietary and safeguards documents, the request must be filed no later than 15 a. A modification is necessary to secure
referenced and in context, are intended as days after publication in the Federal Register compliance with the Commission’s
requirements in the generic DCD for the of the notice required either by 10 CFR 52.85 regulations applicable and in effect at the
AP1000 design; or 10 CFR 52.103. If Westinghouse declines time this appendix was approved, as set forth
3. All generic changes to the DCD under to provide the information sought, in Section V of this appendix, or to ensure
and in compliance with the change processes Westinghouse shall send a written response adequate protection of the public health and
in Sections VIII.A.1 and VIII.B.1 of this within 10 days of receiving the request to the safety or the common defense and security;
appendix; requesting person setting forth with and
4. All exemptions from the DCD under and particularity the reasons for its refusal. The b. Special circumstances as defined in 10
in compliance with the change processes in person may then request the Commission (or CFR 50.12(a) are present.
Sections VIII.A.4 and VIII.B.4 of this presiding officer, if a proceeding has been 4. An applicant or licensee who references
appendix, but only for that plant; established) to order disclosure. The person this appendix may request an exemption
5. All departures from the DCD that are shall include copies of the original request
approved by license amendment, but only for from Tier 2 information. The Commission
(and any subsequent clarifying information may grant such a request only if it determines
that plant; provided by the requesting party to the
6. Except as provided in paragraph that the exemption will comply with the
applicant) and the applicant’s response. The requirements of 10 CFR 50.12(a). The
VIII.B.5.f of this appendix, all departures Commission and presiding officer shall base
from Tier 2 under and in compliance with Commission will deny a request for an
their decisions solely on the person’s original exemption from Tier 2, if it finds that the
the change processes in paragraph VIII.B.5 of request (including any clarifying information
this appendix that do not require prior NRC design change will result in a significant
provided by the requesting person to decrease in the level of safety otherwise
approval, but only for that plant; Westinghouse), and Westinghouse’s
7. All environmental issues concerning provided by the design. The grant of an
response. The Commission and presiding exemption to an applicant must be subject to
SAMDAs associated with the information in officer may order Westinghouse to provide
the NRC’s EA for the AP1000 design and litigation in the same manner as other issues
access to some or all of the requested material to the license hearing. The grant of
Appendix 1B of the generic DCD, for plants information, subject to an appropriate non-
referencing this appendix whose site an exemption to a licensee must be subject
disclosure agreement. to an opportunity for a hearing in the same
parameters are within those specified in the
SAMDA evaluation. VII. Duration of This Appendix manner as license amendments.
C. The Commission does not consider 5.a. An applicant or licensee who
This appendix may be referenced for a
operational requirements for an applicant or references this appendix may depart from
period of 15 years from February 27, 2006,
licensee who references this appendix to be Tier 2 information, without prior NRC
except as provided for in 10 CFR 52.55(b)
matters resolved within the meaning of 10 approval, unless the proposed departure
and 52.57(b). This appendix remains valid
CFR 52.63(a)(5). The Commission reserves involves a change to or departure from Tier
for an applicant or licensee who references
the right to require operational requirements 1 information, Tier 2* information, or the TS,
this appendix until the application is
for an applicant or licensee who references or requires a license amendment under
withdrawn or the license expires, including
this appendix by rule, regulation, order, or paragraphs B.5.b or B.5.c of this section.
any period of extended operation under a
license condition. When evaluating the proposed departure, an
renewed license.
D. Except under the change processes in applicant or licensee shall consider all
Section VIII of this appendix, the VIII. Processes for Changes and Departures matters described in the plant-specific DCD.
Commission may not require an applicant or b. A proposed departure from Tier 2, other
A. Tier 1 Information than one affecting resolution of a severe
licensee who references this appendix to:
1. Modify structures, systems, components, 1. Generic changes to Tier 1 information accident issue identified in the plant-specific
or design features as described in the generic are governed by the requirements in 10 CFR DCD, requires a license amendment if it
DCD; 52.63(a)(1). would:
2. Provide additional or alternative 2. Generic changes to Tier 1 information (1) Result in more than a minimal increase
structures, systems, components, or design are applicable to all applicants or licensees in the frequency of occurrence of an accident
features not discussed in the generic DCD; or who reference this appendix, except those for previously evaluated in the plant-specific
3. Provide additional or alternative design which the change has been rendered DCD;
criteria, testing, analyses, acceptance criteria, technically irrelevant by action taken under (2) Result in more than a minimal increase
or justification for structures, systems, paragraphs A.3 or A.4 of this section. in the likelihood of occurrence of a
components, or design features discussed in 3. Departures from Tier 1 information that malfunction of a structure, system, or
the generic DCD. are required by the Commission through component (SSC) important to safety and
E.1. Persons who wish to review plant-specific orders are governed by the previously evaluated in the plant-specific
proprietary and safeguards information or requirements in 10 CFR 52.63(a)(4). DCD;
(3) Result in more than a minimal increase italicized text or brackets and an asterisk in 2. Generic changes to generic TS and other
in the consequences of an accident the generic DCD, without NRC approval. The operational requirements are applicable to all
previously evaluated in the plant-specific departure will not be considered a resolved applicants who reference this appendix,
DCD; issue, within the meaning of Section VI of except those for which the change has been
(4) Result in more than a minimal increase this appendix and 10 CFR 52.63(a)(5). rendered technically irrelevant by action
in the consequences of a malfunction of an b. A licensee who references this appendix taken under paragraphs C.3 or C.4 of this
SSC important to safety previously evaluated may not depart from the following Tier 2* section.
in the plant-specific DCD; matters without prior NRC approval. A 3. The Commission may require plant-
(5) Create a possibility for an accident of request for a departure will be treated as a specific departures on generic TS and other
a different type than any evaluated request for a license amendment under 10 operational requirements that were
previously in the plant-specific DCD; CFR 50.90. completely reviewed and approved, provided
(6) Create a possibility for a malfunction of (1) Maximum fuel rod average burn-up. a change to a design feature in the generic
an SSC important to safety with a different (2) Fuel principal design requirements. DCD is not required and special
result than any evaluated previously in the (3) Fuel criteria evaluation process. circumstances as defined in 10 CFR 2.335 are
plant-specific DCD; (4) Fire areas. present. The Commission may modify or
(7) Result in a design basis limit for a (5) Human factors engineering. supplement generic TS and other operational
fission product barrier as described in the (6) Small-break loss-of-coolant accident requirements that were not completely
plant-specific DCD being exceeded or altered; (LOCA) analysis methodology. reviewed and approved or require additional
or c. A licensee who references this appendix TS and other operational requirements on a
(8) Result in a departure from a method of may not, before the plant first achieves full plant-specific basis, provided a change to a
evaluation described in the plant-specific power following the finding required by 10 design feature in the generic DCD is not
DCD used in establishing the design bases or CFR 52.103(g), depart from the following Tier required.
in the safety analyses. 2* matters except under paragraph B.6.b of 4. An applicant who references this
c. A proposed departure from Tier 2 this section. After the plant first achieves full appendix may request an exemption from the
affecting resolution of a severe accident issue power, the following Tier 2* matters revert generic TS or other operational requirements.
identified in the plant-specific DCD, requires to Tier 2 status and are subject to the The Commission may grant such a request
a license amendment if: departure provisions in paragraph B.5 of this only if it determines that the exemption will
(1) There is a substantial increase in the section. comply with the requirements of 10 CFR
probability of a severe accident such that a (1) Nuclear Island structural dimensions. 50.12(a). The grant of an exemption must be
particular severe accident previously (2) American Society of Mechanical subject to litigation in the same manner as
reviewed and determined to be not credible Engineers Boiler & Pressure Vessel Code other issues material to the license hearing.
could become credible; or (ASME Code), Section III, and Code Case– 5. A party to an adjudicatory proceeding
(2) There is a substantial increase in the 284. for either the issuance, amendment, or
consequences to the public of a particular (3) Design Summary of Critical Sections. renewal of a license, or for operation under
severe accident previously reviewed. (4) American Concrete Institute (ACI) 318, 10 CFR 52.103(a), who believes that an
ACI 349, American National Standards operational requirement approved in the
d. If a departure requires a license
Institute/American Institute of Steel DCD or a TS derived from the generic TS
amendment under paragraph B.5.b or B.5.c of
Construction (ANSI/AISC)–690, and must be changed may petition to admit such
this section, it is governed by 10 CFR 50.90.
American Iron and Steel Institute (AISI), a contention into the proceeding. The
e. A departure from Tier 2 information that
‘‘Specification for the Design of Cold Formed petition must comply with the general
is made under paragraph B.5 of this section
Steel Structural Members, Part 1 and 2,’’ requirements of 10 CFR 2.309 and must
does not require an exemption from this
1996 Edition and 2000 Supplement. demonstrate why special circumstances as
appendix.
(5) Definition of critical locations and defined in 10 CFR 2.335 are present, or
f. A party to an adjudicatory proceeding for
thicknesses. demonstrate compliance with the
either the issuance, amendment, or renewal
(6) Seismic qualification methods and Commission’s regulations in effect at the time
of a license or for operation under 10 CFR standards. this appendix was approved, as set forth in
52.103(a), who believes that an applicant or (7) Nuclear design of fuel and reactivity Section V of this appendix. Any other party
licensee who references this appendix has control system, except burn-up limit. may file a response to the petition. If, on the
not complied with paragraph VIII.B.5 of this (8) Motor-operated and power-operated basis of the petition and any response, the
appendix when departing from Tier 2 valves. presiding officer determines that a sufficient
information, may petition to admit into the (9) Instrumentation and control system showing has been made, the presiding officer
proceeding such a contention. In addition to design processes, methods, and standards. shall certify the matter directly to the
compliance with the general requirements of (10) Passive residual heat removal (PRHR) Commission for determination of the
10 CFR 2.309, the petition must demonstrate natural circulation test (first plant only). admissibility of the contention. All other
that the departure does not comply with (11) Automatic depressurization system issues with respect to the plant-specific TS
paragraph VIII.B.5 of this appendix. Further, (ADS) and core make-up tank (CMT) or other operational requirements are subject
the petition must demonstrate that the verification tests (first three plants only). to a hearing as part of the license proceeding.
change bears on an asserted noncompliance (12) Polar crane parked orientation. 6. After issuance of a license, the generic
with an ITAAC acceptance criterion in the (13) Piping design acceptance criteria. TS have no further effect on the plant-
case of a 10 CFR 52.103 preoperational (14) Containment vessel design parameters. specific TS. Changes to the plant-specific TS
hearing, or that the change bears directly on d. Departures from Tier 2* information that will be treated as license amendments under
the amendment request in the case of a are made under paragraph B.6 of this section 10 CFR 50.90.
hearing on a license amendment. Any other do not require an exemption from this
party may file a response. If, on the basis of appendix. IX. Inspections, Tests, Analyses, and
the petition and any response, the presiding Acceptance Criteria (ITAAC)
officer determines that a sufficient showing C. Operational Requirements A.1 An applicant or licensee who
has been made, the presiding officer shall 1. Generic changes to generic TS and other references this appendix shall perform and
certify the matter directly to the Commission operational requirements that were demonstrate conformance with the ITAAC
for determination of the admissibility of the completely reviewed and approved in the before fuel load. With respect to activities
contention. The Commission may admit such design certification rulemaking and do not subject to an ITAAC, an applicant for a
a contention if it determines the petition require a change to a design feature in the license may proceed at its own risk with
raises a genuine issue of material fact generic DCD are governed by the design and procurement activities. A licensee
regarding compliance with paragraph VIII.B.5 requirements in 10 CFR 50.109. Generic may also proceed at its own risk with design,
of this appendix. changes that require a change to a design procurement, construction, and
6.a. An applicant who references this feature in the generic DCD are governed by preoperational activities, even though the
appendix may not depart from Tier 2* the requirements in paragraphs A or B of this NRC may not have found that any particular
information, which is designated with section. ITAAC has been met.
2. The licensee who references this be retained throughout the period of Title II of the Energy Reorganization Act
appendix shall notify the NRC that the application and for the term of the license of 1974 (88 Stat. 1242).
required inspections, tests, and analyses in (including any period of renewal). 134. In § 54.3, paragraph (a), the
the ITAAC have been successfully completed definition for Current licensing basis is
and that the corresponding acceptance B. Reporting
1. An applicant or licensee who references revised, and the definition for Renewed
criteria have been met.
3. If an activity is subject to an ITAAC and this appendix shall submit a report to the combined license is added to read as
the applicant or licensee who references this NRC containing a brief description of any follows:
appendix has not demonstrated that the plant-specific departures from the DCD,
including a summary of the evaluation of § 54.3 Definitions.
ITAAC has been met, the applicant or
licensee may either take corrective actions to each. This report must be filed in accordance (a) * * *
successfully complete that ITAAC, request an with the filing requirements applicable to Current licensing basis (CLB) is the set
exemption from the ITAAC under Section reports in 10 CFR 52.3. of NRC requirements applicable to a
VIII of this appendix and 10 CFR 52.97(b), or 2. An applicant or licensee who references specific plant and a licensee’s written
petition for rulemaking to amend this this appendix shall submit updates to its commitments for ensuring compliance
appendix by changing the requirements of DCD, which reflect the generic changes to with and operation within applicable
the ITAAC, under 10 CFR 2.802 and 52.97(b). and plant-specific departures from the
generic DCD made under Section VIII of this
NRC requirements and the plant-
Such rulemaking changes to the ITAAC must
meet the requirements of paragraph VIII.A.1 appendix. These updates must be filed under specific design basis (including all
of this appendix. the filing requirements applicable to final modifications and additions to such
B.1 The NRC shall ensure that the required safety analysis report updates in 10 CFR 52.3 commitments over the life of the
inspections, tests, and analyses in the ITAAC and 50.71(e). license) that are docketed and in effect.
are performed. The NRC shall verify that the 3. The reports and updates required by The CLB includes the NRC regulations
inspections, tests, and analyses referenced by paragraphs X.B.1 and X.B.2 must be contained in 10 CFR parts 2, 19, 20, 21,
the licensee have been successfully submitted as follows: 26, 30, 40, 50, 51, 52, 54, 55, 70, 72, 73,
completed and, based solely thereon, find a. On the date that an application for a 100 and appendices thereto; orders;
that the prescribed acceptance criteria have license referencing this appendix is
been met. At appropriate intervals during submitted, the application must include the
license conditions; exemptions; and
construction, the NRC shall publish notices report and any updates to the generic DCD. technical specifications. It also includes
of the successful completion of ITAAC in the b. During the interval from the date of the plant-specific design-basis
Federal Register. application for a license to the date the information defined in 10 CFR 50.2 as
2. In accordance with 10 CFR 52.103(g), the Commission makes its findings required by documented in the most recent final
Commission shall find that the acceptance 10 CFR 52.103(g), the report must be safety analysis report (FSAR) as
criteria in the ITAAC for the license are met submitted semi-annually. Updates to the required by 10 CFR 50.71 and the
before fuel load. plant-specific DCD must be submitted licensee’s commitments remaining in
3. After the Commission has made the annually and may be submitted along with
finding required by 10 CFR 52.103(g), the
effect that were made in docketed
amendments to the application.
ITAAC do not, by virtue of their inclusion c. After the Commission makes the finding
licensing correspondence such as
within the DCD, constitute regulatory required by 10 CFR 52.103(g), the reports and licensee responses to NRC bulletins,
requirements either for licensees or for updates to the plant-specific DCD must be generic letters, and enforcement actions,
renewal of the license; except for specific submitted, along with updates to the site- as well as licensee commitments
ITAAC, which are the subject of a § 52.103(a) specific portion of the final safety analysis documented in NRC safety evaluations
hearing, their expiration will occur upon report for the facility, at the intervals or licensee event reports.
final Commission action in such a required by 10 CFR 50.59(d)(2) and
proceeding. However, subsequent * * * * *
50.71(e)(4), respectively, or at shorter Renewed combined license means a
modifications must comply with the Tier 1 intervals as specified in the license.
and Tier 2 design descriptions in the plant- combined license originally issued
specific DCD unless the licensee has PART 54—REQUIREMENTS FOR under part 52 of this chapter for which
complied with the applicable requirements of RENEWAL OF OPERATING LICENSES an application for renewal is filed in
10 CFR 52.98 and Section VIII of this accordance with 10 CFR 52.107 and
FOR NUCLEAR POWER PLANTS
appendix. issued under this part.
X. Records and Reporting 132. The authority citation for Part 54 * * * * *
continues to read as follows: 135. In § 54.17, paragraph (c) is
A. Records
Authority: Secs. 102, 103, 104, 161, 181, revised to read as follows:
1. The applicant for this appendix shall 182, 183, 186, 189, 68 Stat. 936, 937, 938,
maintain a copy of the generic DCD that 948, 953, 954, 955, as amended, sec. 234, 83 § 54.17 Filing of application.
includes all generic changes to Tier 1, Tier Stat. 1244, as amended (42 U.S.C. 2132, 2133, * * * * *
2, and the generic TS and other operational 2134, 2135, 2201, 2232, 2233, 2236, 2239, (c) An application for a renewed
requirements. The applicant shall maintain 2282); secs 201, 202, 206, 88 Stat. 1242, 1244,
the proprietary and safeguards information
license may not be submitted to the
as amended (42 U.S.C. 5841, 5842). Commission earlier than 20 years before
referenced in the generic DCD for the period
that this appendix may be referenced, as Section 54.17 also issued under E.O.12829, the expiration of the operating license or
specified in Section VII of this appendix. 3 CFR, 1993 Comp., p. 570; E.O. 12958, as combined license currently in effect.
2. An applicant or licensee who references amended, 3 CFR, 1995 Comp., p. 333; E.O. * * * * *
this appendix shall maintain the plant- 12968, 3 CFR, 1995 Comp., p. 391. 136. Section 54.27 is revised to read
specific DCD to accurately reflect both 133. Section 54.1 is revised to read as as follows:
generic changes to the generic DCD and follows:
plant-specific departures made under Section § 54.27 Hearings.
VIII of this appendix throughout the period § 54.1 Purpose. A notice of an opportunity for a
of application and for the term of the license This part governs the issuance of hearing will be published in the Federal
(including any period of renewal).
3. An applicant or licensee who references
renewed operating licenses and Register in accordance with 10 CFR
this appendix shall prepare and maintain renewed combined licenses for nuclear 2.105. In the absence of a request for a
written evaluations which provide the bases power plants licensed pursuant to hearing filed within 30 days by a person
for the determinations required by Section Sections 103 or 104b of the Atomic whose interest may be affected, the
VIII of this appendix. These evaluations must Energy Act of 1954, as amended, and Commission may issue a renewed
operating license or renewed combined Authority: Secs. 107, 161, 182, 68 Stat. PART 72—LICENSING
license without a hearing upon 30-day 939, 948, 953 , as amended, sec. 234, 83 Stat. REQUIREMENTS FOR THE
notice and publication in the Federal 444, as amended (42 U.S.C. 2137, 2201, 2232,
2282); secs. 201, as amended, 202, 88 Stat.
INDEPENDENT STORAGE OF SPENT
Register of its intent to do so. 1242, as amended, 1244 (42 U.S.C. 5841, NUCLEAR FUEL AND HIGH-LEVEL
137. In § 54.31, paragraphs (a), (b), 5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. RADIOACTIVE WASTE AND REACTOR
and (c) are revised to read as follows: 3504 note). Sections 55.41, 55.43, 55.45, and RELATED GREATER THAN CLASS C
§ 54.31 Issuance of a renewed license.
55.59 also issued under sec. 306, Pub. L. 97– WASTE
425, 96 Stat. 2262 (42 U.S.C. 10226). Section
(a) A renewed license will be of the 55.61 also issued under secs. 186, 187, 68 144. The authority citation for Part 72
class for which the operating license or Stat. 955 (42 U.S.C. 2236, 2237). continues to read as follows:
combined license currently in effect was 141. In § 55.1, paragraph (a) is revised
issued. Authority: Secs. 51, 53, 57, 62, 63, 65, 69,
to read as follows: 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat.
(b) A renewed license will be issued
for a fixed period of time, which is the 929, 930, 932, 933, 934, 935, 948, 953, 954,
§ 55.1 Purpose.
955, as amended, sec. 234, 83 Stat. 444, as
sum of the additional amount of time * * * * * amended (42 U.S.C. 2071, 2073, 2077, 2092,
beyond the expiration of the operating (a) Establish procedures and criteria 2093, 2095, 2099, 2111, 2201, 2232, 2233,
license or combined license (not to for the issuance of licenses to operators 2234, 2236, 2237, 2238, 2282); sec. 274, Pub.
exceed 20 years) that is requested in a and senior operators of utilization L. 86–373, 73 Stat. 688, as amended (42
renewal application plus the remaining facilities licensed under the Atomic U.S.C. 2021); sec. 201, as amended, 202, 206,
number of years on the operating license Energy Act of 1954, as amended, or 88 Stat. 1242, as amended, 1244, 1246 (42
or combined license currently in effect. Section 202 of the Energy U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec.
The term of any renewed license may Reorganization Act of 1974, as 10, 92 Stat. 2951 as amended by Pub. L. 102–
not exceed 40 years. amended, and part 50, part 52, or part 486, sec. 7902, 106 Stat. 3123 (42 U.S.C.
(c) A renewed license will become 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853
54 of this chapter, (42 U.S.C. 4332); secs. 131, 132, 133, 135,
effective immediately upon its issuance, * * * * * 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230,
thereby superseding the operating 142. In § 55.2, paragraph (a) is revised 2232, 2241, sec. 148, Pub. L. 100–203, 101
license or combined license previously to read as follows: Stat. 1330–235 (42 U.S.C. 10151, 10152,
in effect. If a renewed license is 10153, 10155, 10157, 10161, 10168); sec.
subsequently set aside upon further § 55.2 Scope. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
administrative or judicial appeal, the * * * * * Section 72.44(g) also issued under secs.
operating license or combined license (a) Any individual who manipulates 142(b) and 148(c), (d), Pub. L. 100–203, 101
previously in effect will be reinstated the controls of any utilization facility Stat. 1330–232, 1330–236 (42 U.S.C.
unless its term has expired and the licensed under parts 50, 52, or 54 of this 10162(b), 10168(c), (d)). Section 72.46 also
chapter, issued under sec. 189, 68 Stat. 955 (42 U.S.C.
renewal application was not filed in a
2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230
timely manner. * * * * * (42 U.S.C. 10154). Section 72.96(d) also
* * * * * 143. In § 55.5, paragraph (b)(1) and issued under sec. 145(g), Pub. L. 100–203,
138. Section 54.35 is revised to read the introductory text of paragraph (b)(2) 101 Stat. 1330–235 (42 U.S.C. 10165(g)).
as follows: are revised to read as follows: Subpart J also issued under secs. 2(2), 2(15),
2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat.
§ 54.35 Requirements during term of § 55.5 Communications. 2202, 2203, 2204, 2222, 2224 (42 U.S.C.
renewed license. * * * * * 10101, 10137(a), 10161(h)). Subparts K and L
During the term of a renewed license, (b)(1) Except for test and research are also issued under sec. 133, 98 Stat. 2230
licensees shall be subject to and shall reactor facilities, the Director of Nuclear (42 U.S.C. 10153) and sec. 218(a), 96 Stat.
continue to comply with all Reactor Regulation has delegated to the 2252 (42 U.S.C. 10198).
Commission regulations contained in 10 Regional Administrators of Regions I, II,
CFR parts 2, 19, 20, 21, 26, 30, 40, 50, III, and IV authority and responsibility
as follows:
51, 52, 54, 55, 70, 72, 73, and 100, and under the regulations in this part for the
the appendices to these parts that are issuance and renewal of licenses for § 72.210 General license issued.
applicable to holders of operating operators and senior operators of
licenses or combined licenses, nuclear power reactors licensed under A general license is hereby issued for
respectively. 10 CFR part 50 or part 52 and located the storage of spent fuel in an
139. In § 54.37, paragraph (a) is in these regions. independent spent fuel storage
revised to read as follows: (2) Any application for a license or installation at power reactor sites to
license renewal filed under the persons authorized to possess or operate
§ 54.37 Additional records and regulations in this part involving a nuclear power reactors under 10 CFR
recordkeeping requirements. part 50 or 10 CFR part 52.
nuclear power reactor licensed under 10
(a) The licensee shall retain in an CFR part 50 or part 52 and any related 146. In § 72.218, paragraph (b) is
auditable and retrievable form for the inquiry, communication, information, or revised to read as follows:
term of the renewed operating license or report must be submitted to the
renewed combined license all Regional Administrator by an § 72.218 Termination of licenses.
information and documentation appropriate method listed in paragraph * * * * *
required by, or otherwise necessary to (a) of this section. The Regional (b) An application for termination of
document compliance with, the Administrator or the Administrator’s a reactor operating license issued under
provisions of this part. designee will transmit to the Director of 10 CFR part 50 and submitted under
* * * * * Nuclear Reactor Regulation any matter § 50.82 of this chapter, or a combined
that is not within the scope of the license issued under 10 CFR part 52 and
PART 55—OPERATORS’ LICENSES Regional Administrator’s delegated submitted under § 52.110 of this
140. The authority citation for Part 55 authority. chapter, must contain a description of
continues to read as follows: * * * * * how the spent fuel stored under this
general license will be removed from (3) Each applicant for a license to (1) A predetermined set of decisions and
the reactor site. operate a nuclear power reactor under actions to satisfy stated objectives;
§§ 50.21(b) or 50.22 of this chapter, (2) An identification of the data, criteria,
* * * * * procedures, and mechanisms necessary to
including an applicant for a combined
efficiently implement the decisions; and
PART 73—PHYSICAL PROTECTION OF license under part 52 of this chapter,
(3) A stipulation of the individual, group,
PLANTS AND MATERIALS whose application is submitted after or organizational entity responsible for each
April 25, 1991, shall include the decision and action.
147. The authority citation for Part 73 required access authorization program
continues to read as follows: The goals of licensee safeguards
as part of its Physical Security Plan. The contingency plans for responding to threats,
Authority: Secs. 53, 161, 68 Stat. 930, 948, applicant, upon receipt of an operating thefts, and radiological sabotage are:
as amended, sec. 147, 94 Stat. 780 (42 U.S.C. license or upon notice of the (1) To organize the response effort at the
2073, 2167, 2201); sec. 201, as amended, 204, Commission’s finding under § 52.103(g) licensee level;
88 Stat. 1242, as amended, 1245, sec. 1701, of this chapter, shall implement the (2) To provide predetermined, structured
106 Stat. 2951, 2952, 2953 (42 U.S.C. 5841, responses by licensees to safeguards
5844, 2297f); sec. 1704, 112 Stat. 2750 (44
required access authorization program
as part of its site Physical Security Plan. contingencies;
U.S.C. 3504 note). (3) To ensure the integration of the licensee
* * * * * response with the responses by other entities;
Section 73.1 also issued under secs. 135,
152. In § 73.57, paragraphs (a)(1), and
141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42
U.S.C, 10155, 10161). Section 73.37(f) also (a)(2), and (a)(3) are revised to read as (4) To achieve a measurable performance
issued under sec. 301, Pub. L. 96–295, 94 follows: in response capability.
Stat. 789 (42 U.S.C. 5841 note). Section 73.57 Licensee safeguards contingency planning
§ 73.57 Requirements for criminal history should result in organizing the licensee’s
is issued under sec. 606, Pub. L. 99–399, 100
checks of individuals granted unescorted resources in such a way that the participants
Stat. 876 (42 U.S.C. 2169).
access to a nuclear power facility or access will be identified, their several
148. In § 73.1, paragraph (b)(1)(i) is to Safeguards Information by power reactor responsibilities specified, and the responses
revised to read as follows: licensees. coordinated. The responses should be timely.
(a) * * * It is important to note that a licensee’s
§ 73.1 Purpose and scope. (1) Each licensee who is authorized to safeguards contingency plan is intended to be
* * * * * operate a nuclear power reactor under complementary to any emergency plans
(b) * * * part 50 of this chapter, or each holder developed under appendix E to part 50 of
(1) * * * of a combined license under part 52 of this chapter, § 52.17 or § 52.79, or to
(i) The physical protection of this chapter upon receipt of notice of § 70.22(i) of this chapter.
production and utilization facilities the Commission’s finding under * * * * *
licensed under parts 50 or 52 of this § 52.103(g), shall comply with the
chapter, requirements of this section. PART 75—SAFEGUARDS ON
* * * * * (2) Each applicant for a license to NUCLEAR MATERIAL—
149. In § 73.2, the introductory text of operate a nuclear power reactor under IMPLEMENTATION OF US/IAEA
paragraph (a) is revised to read as part 50 of this chapter and each AGREEMENT
follows: applicant for a combined license under
part 52 of this chapter shall submit 154. The authority citation for part 75
§ 73.2 Definitions. continues to read as follows:
fingerprints for those individuals who
* * * * * have or will have access to Safeguards Authority: Secs. 53, 63, 103, 104, 122, 161,
(a) Terms defined in parts 50, 52, and Information. 68 Stat. 930, 932, 936, 937, 939, 948, as
70 of this chapter have the same (3) Before receiving its operating amended (42 U.S.C. 2073, 2093, 2133, 2134,
meaning when used in this part. license under part 50 of this chapter or 2152, 2201); sec. 201, 88 Stat. 1242, as
* * * * * before the Commission makes its amended (42 U.S.C. 5841); sec. 1704, 112
150. In § 73.50, the introductory text finding under § 52.103(g) of this Stat. 2750 (44 U.S.C. 3504 note).
is revised to read as follows: Section 75.4 also issued under secs. 135,
chapter, each applicant for a license to 141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42
§ 73.50 Requirements for physical operate a nuclear power reactor U.S.C. 10155, 10161).
protection of licensed activities. (including an applicant for a combined
Each licensee who is not subject to license) may submit fingerprints for 155. In § 75.6, paragraph (b) is revised
§ 73.51, but who possesses, uses, or those individuals who will require to read as follows:
stores formula quantities of strategic unescorted access to the nuclear power
facility. § 75.6 Maintenance of records and delivery
special nuclear material that are not of information, reports, and other
readily separable from other radioactive * * * * * communications.
material and which have total external 153. In Appendix C to part 73, the
Introduction is revised to read as * * * * *
radiation dose rates in excess of 100
rems per hour at a distance of 3 feet follows: (b) If an installation is a nuclear
from any accessible surfaces without power plant or a non-power reactor for
Appendix C to Part 73—Licensee which a construction permit, operating
intervening shielding other than at Safeguards Contingency Plans
nuclear reactor facility licensed under license or a combined license has been
parts 50 or 52 of this chapter, shall
Introduction issued, whether or not a license to
comply with the following: A licensee safeguards contingency plan is receive and possess nuclear material at
a documented plan to give guidance to the installation has been issued, the
* * * * * licensee personnel in order to accomplish cognizant Director is the Director, Office

151. In § 73.56, paragraph (a)(3) is specific defined objectives in the event of of Nuclear Reactor Regulation. For all
revised to read as follows: threats, thefts, or radiological sabotage other installations, the cognizant
relating to special nuclear material or nuclear
§ 73.56 Personnel access authorization facilities licensed under the Atomic Energy
Director is the Director, Office of
requirements for nuclear power plants. Act of 1954, as amended. An acceptable Nuclear Material Safety and Safeguards.
(a) * * * safeguards contingency plan must contain: * * * * *
PART 95—FACILITY SECURITY facility may be submitted to the § 95.33 Security education.
CLEARANCE AND SAFEGUARDING addressees noted in paragraph (a) of this * * * * *
OF NATIONAL SECURITY section within 30 days of the change. (c) Temporary Help Suppliers. A
INFORMATION AND RESTRICTED Page changes rather than a complete temporary help supplier, or other
DATA rewrite of the plan may be submitted. contractor who employs cleared
Some examples of minor, non- individuals solely for dispatch
156. The authority citation for Part 95 substantive changes to the Standard elsewhere, is responsible for ensuring
continues to read as follows: Practice Procedures Plan include— that required briefings are provided to
Authority: Secs. 145, 161, 193, 68 Stat. * * * * * their cleared personnel. The temporary
942, 948, as amended (42 U.S.C. 2165, 2201); help supplier or the using licensee’s,
sec. 201, 88 Stat. 1242, as amended (42
as follows: certificate holder’s, or other person’s
U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44
U.S.C. 3504 note); E.O. 10865, as amended,
facility may conduct these briefings.
§ 95.20 Grant, denial or termination of * * * * *
3 CFR 1959–1963 Comp., p. 398 (50 U.S.C.
facility clearance.
401, note); E.O. 12829, 3 CFR, 1993 Comp., 164. Section 95.34 is revised to read
p. 570; E.O. 12958, as amended, 3 CFR, 1995 The Division of Nuclear Security shall as follows:
Comp., p. 333, as amended by E.O. 13292, 3 provide notification in writing (or orally
CFR, 2004 Comp., p. 196; E.O. 12968, 3 CFR, with written confirmation) to the § 95.34 Control of visitors.
1995 Comp., p. 391. licensee, certificate holder, or other (a) Uncleared visitors. Licensees,
157. In § 95.5, the definition of license person of the Commission’s grant, certificate holders, or other persons
is revised to read as follows: acceptance of another agency’s facility subject to this part shall take measures
clearance, denial, or termination of to preclude access to classified
§ 95.5 Definitions. facility clearance. This information information by uncleared visitors.
* * * * * must also be furnished to (b) Foreign visitors. Licensees,
License means a license issued under representatives of the NRC, NRC certificate holders, or other persons
10 CFR parts 50, 52, 54, 60, 63, 70, or contractors, licensees, certificate subject to this part shall take measures
72. holders, or other person, or other as may be necessary to preclude access
* * * * * Federal agencies having a need to to classified information by foreign
158. In § 95.13, paragraph (b) is transmit classified information to the visitors. The licensee, certificate holder,
revised to read as follows: licensees or other person. or other person shall retain records of
161. In § 95.23, paragraph (b) is visits for 5 years beyond the date of the
§ 95.13 Maintenance of records. visit.
revised to read as follows:
* * * * * 165. In § 95.35, the introductory text
(b) Each record required by this part § 95.23 Termination of facility clearance. of paragraph (a), and paragraph (a)(3)
must be legible throughout the retention * * * * * are revised to read as follows:
period specified by each Commission (b) When facility clearance is
regulation. The record may be the § 95.35 Access to matters classified as
terminated, the licensee, certificate National Security Information and
original or a reproduced copy or a holder, or other person will be notified
microform provided that the copy or Restricted Data.
in writing of the determination and the (a) Except as the Commission may
microform is authenticated by procedures outlined in § 95.53 apply.
authorized personnel and that the authorize, no licensee, certificate holder
162. Section 95.31 is revised to read or other person subject to the
microform is capable of producing a as follows:
clear copy throughout the required regulations in this part may receive or
retention period. The record may also be § 95.31 Protective personnel. may permit any other licensee,
stored in electronic media with the certificate holder, or other person to
Whenever protective personnel are have access to matter revealing Secret or
capability for producing legible, used to protect classified information
accurate, and complete records during Confidential National Security
they shall: Information or Restricted Data unless
the required retention period. Records (a) Possess an ‘‘L’’ access
such as letters, drawings, or the individual has:
authorization (or CSA equivalent) if the
specifications, must include all licensee, certificate holder, or other * * * * *
pertinent information such as stamps, (3) NRC-approved storage facilities if
person possesses information classified
initials, and signatures. The licensee, classified documents or material are to
Confidential National Security
certificate holder, or other person shall be transmitted to the licensee, certificate
Information, Confidential Restricted
maintain adequate safeguards against holder, or other person.
Data or Secret National Security
tampering with and loss of records. Information. * * * * *
159. In § 95.19, the introductory text 166. In § 95.36, paragraphs (c), (d) and
of paragraph (b) is revised to read as (b) Possess a ‘‘Q’’ access authorization
(or CSA equivalent) if the licensee, (e) are revised to read as follows:
follows:
certificate holder, or other person § 95.36 Access by representatives of the
§ 95.19 Changes to security practices and possesses Secret Restricted Data related International Atomic Energy Agency or by
procedures. to nuclear weapons design, participants in other international
* * * * * manufacturing and vulnerability agreements.
(b) A licensee, certificate holder, or information; and certain particularly * * * * *
other person may effect a minor, non- sensitive Naval Nuclear Propulsion (c) In accordance with the specific
substantive change to an approved Program information (e.g., fuel disclosure authorization provided by
Standard Practice Procedures Plan for manufacturing technology) and the the Division of Nuclear Security,
the safeguarding of classified protective personnel require access as licensees, certificate holders, or other
information without receiving prior part of their regular duties. persons subject to this part are
CSA approval. These minor changes 163. In § 95.33, paragraph (c) is authorized to release (i.e., transfer
that do not affect the security of the revised to read as follows: possession of) copies of documents that
contain classified National Security to be classified, the information must be transmitted only to CSA approved
Information directly to IAEA inspectors protected and marked with the security facilities.
and other representatives officially appropriate classification markings * * * * *
designated to request and receive pending review and signature of an NRC 169. In § 95.43, paragraph (a) is
classified National Security Information authorized classifier. This information revised to read as follows:
documents. These documents must be shall be protected as classified
marked specifically for release to IAEA information pending final § 95.43 Authority to reproduce.
or other international organizations in determination. (a) Each licensee, certificate holder, or
accordance with instructions contained (b) Classification consistent with other person possessing classified
in the NRC’s disclosure authorization content. Each document containing information shall establish a
letter. Licensees, certificate holders, and classified information shall be classified reproduction control system to ensure
other persons subject to this part may Secret or Confidential according to its that reproduction of classified material
also forward these documents through content. NRC licensees, certificate is held to the minimum consistent with
the NRC to the international holders, or other persons subject to the operational requirements. Classified
organization’s headquarters in requirements of 10 CFR part 95 may not reproduction must be accomplished by
accordance with the NRC disclosure make original classification decisions. authorized employees knowledgeable of
authorization. Licensees, certificate * * * * * the procedures for classified
holders, and other persons may not (h) Classification challenges. reproduction. The use of technology
reproduce documents containing Licensees, certificate holders, or other that prevents, discourages, or detects the
classified National Security Information persons in authorized possession of unauthorized reproduction of classified
except as provided in § 95.43. classified National Security Information documents is encouraged.
(d) Records regarding these visits and * * * * *
who in good faith believe that the
inspections must be maintained for 5 170. In § 95.45, paragraph (d) is
information’s classification status (i.e.,
years beyond the date of the visit or revised to read as follows:
that the document), is classified at
inspection. These records must
either too high a level for its content
specifically identify each document § 95.45 Changes in classification.
(overclassification) or too low for its
released to an authorized representative * * * * *
content (underclassification) are
and indicate the date of the release. (d) Any licensee, certificate holder, or
expected to challenge its classification
These records must also identify (in other person making a change in
status. Licensees, certificate holders, or
such detail as the Division of Nuclear classification or receiving notice of such
other persons who wish to challenge a
Security, by letter, may require) the a change shall forward notice of the
classification status shall—
categories of documents that the change in classification to holders of all
(1) Refer the document or information
authorized representative has had copies as shown on their records.
to the originator or to an authorized
access and the date of this access. A 171. Section 95.49 is revised to read
NRC classifier for review. The
licensee, certificate holder, or other as follows:
authorized classifier shall review the
person subject to this part shall also
document and render a written § 95.49 Security of automatic data
retain Division of Nuclear Security
classification decision to the holder of processing (ADP) systems.
disclosure authorizations for 5 years
the information. Classified data or information may not
beyond the date of any visit or
(2) In the event of a question be processed or produced on an ADP
inspection when access to classified
regarding classification review, the system unless the system and
information was permitted.
(e) Licensees, certificate holders, or holder of the information or the procedures to protect the classified data
other persons subject to this part shall authorized classifier shall consult the or information have been approved by
take such measures as may be necessary NRC Division of Facilities and Security, the CSA. Approval of the ADP system
to preclude access to classified matter Information Security Branch, for and procedures is based on a
by participants of other international assistance. satisfactory ADP security proposal
agreements unless specifically provided (3) Licensees, certificate holders, or submitted as part of the licensee’s,
for under the terms of a specific other persons who challenge certificate holder’s, or other person’s
agreement. classification decisions have the right to request for facility clearance outlined in
167. In § 95.37, paragraphs (a), (b) and appeal the classification decision to the § 95.15 or submitted as an amendment
(h) are revised to read as follows: Interagency Security Classification to its existing Standard Practice
Appeals Panel. Procedures Plan for the protection of
§ 95.37 Classification and preparation of (4) Licensees, certificate holders, or classified information.
documents. other persons seeking to challenge the 172. Section 95.51 is revised to read
(a) Classification. Classified classification of information will not be as follows:
information generated or possessed by a the subject of retribution.
licensee, certificate holder, or other * * * * * § 95.51 Retrieval of classified matter
person must be appropriately marked. 168. In § 95.39, paragraph (a) is following suspension or revocation of
Classified material which is not access authorization.
conducive to markings (e.g., equipment) In any case where the access
may be exempt from this requirement. § 95.39 External transmission of authorization of an individual is
These exemptions are subject to the documents and material. suspended or revoked in accordance
approval of the CSA on a case-by-case (a) Restrictions. Documents and with the procedures set forth in part 25
basis. If a person or facility generates or material containing classified of this chapter, or other relevant CSA
possesses information that is believed to information received or originated in procedures, the licensee, certificate
be classified based on guidance connection with an NRC license, holder, or other person shall, upon due
provided by the NRC or by derivation certificate, or standard design approval notice from the Commission of such
from classified documents, but which or standard design certification under suspension or revocation, retrieve all
no authorized classifier has determined part 52 of this chapter must be classified information possessed by the
individual and take the action necessary 177. In § 140.2, paragraphs (a)(1) and be required for any one of those
to preclude that individual having (a)(2) are revised to read as follows: reactors; provided, that such financial
further access to the information. protection covers all reactors at the
173. Section 95.53 is revised to read § 140.2 Scope. location.
as follows: (a) * * * * * * * *
(1) To each person who is an 181. Section 140.13 is revised to read
§ 95.53 Termination of facility clearance. applicant for or holder of a license as follows:
(a) If the need to use, process, store, issued under 10 CFR parts 50, 52 or 54
reproduce, transmit, transport, or to operate a nuclear reactor, and § 140.13 Amount of financial protection
handle classified matter no longer (2) With respect to an extraordinary required of certain holders of construction
exists, the facility clearance will be nuclear occurrence, to each person who permits and combined licenses under 10
terminated. The licensee, certificate is an applicant for or holder of a license CFR part 52.
holder, or other person for the facility to operate a production facility or a Each holder of a part 50 construction
may deliver all documents and matter utilization facility (including an permit, or a holder of a combined
containing classified information to the operating license issued under part 50 license under part 52 of this chapter
Commission, or to a person authorized of this chapter and a combined license before the date that the Commission had
to receive them, or must destroy all under part 52 of this chapter), and to made the finding under 10 CFR
classified documents and matter. In other persons indemnified with respect 52.103(g), who also holds a license
either case, the licensee, certificate to the involved facilities. under part 70 of this chapter authorizing
holder, or other person for the facility * * * * * ownership, possession and storage only
shall submit a certification of 178. Section 140.10 is revised to read of special nuclear material at the site of
nonpossession of classified information as follows: the nuclear reactor for use as fuel in
to the NRC Division of Nuclear Security operation of the nuclear reactor after
within 30 days of the termination of the § 140.10 Scope. issuance of either an operating license
facility clearance. This subpart applies to each person under 10 CFR part 50 or combined
(b) In any instance where a facility who is an applicant for or holder of a license under 10 CFR part 52, shall,
clearance has been terminated based on license issued under 10 CFR parts 50 or during the period before issuance of a
a determination of the CSA that further 54 to operate a nuclear reactor, or is the license authorizing operation under
possession of classified matter by the applicant for or holder of a combined parts 50, or the period before the
facility would not be in the interest of license issued under parts 52 or 54 of Commission makes the finding under
the national security, the licensee, this chapter, except licenses held by § 52.103(g) of this chapter, as applicable,
certificate holder, or other person for the persons found by the Commission to be have and maintain financial protection
facility shall, upon notice from the CSA, Federal agencies or nonprofit in the amount of $1,000,000. Proof of
dispose of classified documents in a educational institutions licensed to financial protection shall be filed with
manner specified by the CSA. conduct educational activities. This the Commission in the manner specified
174. In § 95.57, the introductory subpart also applies to persons licensed in § 140.15 of this chapter before
paragraph is revised to read as follows: to possess and use plutonium in a issuance of the license under part 70 of
§ 95.57 Reports. plutonium processing and fuel this chapter.
fabrication plant. 182. In § 140.20, paragraph (a)(1)(ii) is
Each licensee, certificate holder, or revised, and paragraph (a)(1)(iii) is
other person having a facility clearance 179. In § 140.11, paragraph (b) is
revised to read as follows: added to read as follows:
shall report to the CSA and the Regional
Administrator of the appropriate NRC § 140.11 Amounts of financial protection § 140.20 Indemnity agreements and liens.
Regional Office listed in 10 CFR part 73, for certain reactors. (a) * * *
appendix A: * * * * * (1) * * *
* * * * * (b) In any case where a person is (ii) The date that the Commission
175. Section 95.59 is revised to read authorized under parts 50, 52 or 54 of makes the finding under § 52.103(g) of
as follows: this chapter to operate two or more this chapter; or
nuclear reactors at the same location, (iii) The effective date of the license
§ 95.59 Inspections. (issued under part 70 of this chapter)
the total primary financial protection
The Commission shall make authorizing the licensee to possess and
required of the licensee for all such
inspections and reviews of the premises, store special nuclear material at the site
reactors is the highest amount which
activities, records and procedures of any of the nuclear reactor for use as fuel in
would otherwise be required for any one
licensee, certificate holder, or other operation of the nuclear reactor after
of those reactors; provided, that such
person subject to the regulations in this issuance of an operating license for the
primary financial protection covers all
part as the Commission and CSA deem reactor, whichever is earlier. No such
reactors at the location.
necessary to effect the purposes of the agreement, however, shall be effective
180. In § 140.12, paragraph (c) is
Act, E.O. 12958 and/or NRC rules. prior to September 26, 1957; or
PART 140—FINANCIAL PROTECTION * * * * *
§ 140.12 Amount of financial protection 183. In § 140.81, paragraph (a) is
REQUIREMENTS AND INDEMNITY required for other reactors.
AGREEMENTS revised to read as follows:
* * * * *
176. The authority citation for Part (c) In any case where a person is § 140.81 Scope and purpose.
140 continues to read as follows: authorized under parts 50, 52 or 54 of (a) Scope. This subpart applies to
Authority: Secs. 161, 170, 68 Stat. 948, 71
this chapter to operate two or more applicants for and holders of licenses
Stat. 576, as amended (42 U.S.C. 2201, 2210); nuclear reactors at the same location, authorizing operation of production
secs. 201, as amended, 202, 88 Stat. 1242, as the total financial protection required of facilities and utilization facilities,
amended, 1244 (42 U.S.C. 841, 5842); Sec. the licensee for all such reactors is the including combined licenses under part
1704, 112 Stat. 2750 (44 U.S.C. 3504 note). highest amount which would otherwise 52 of this chapter, and to other persons
indemnified with respect to such indemnity location which will be established PART 171—ANNUAL FEES FOR
facilities. at the time an operating license or combined REACTOR LICENSES AND FUEL
* * * * * license is issued for such additional nuclear CYCLE LICENSES AND MATERIAL
184. In § 140.93 Appendix C, Article power reactors. LICENSES, INCLUDING HOLDERS OF
VIII, paragraph 4 is revised to read as (3) This section is effective May 1, 1973, CERTIFICATES OF COMPLIANCE,
follows: as to construction permits issued before REGISTRATIONS, AND QUALITY
March 2, 1973, and, as to construction ASSURANCE PROGRAM APPROVALS
§ 140.93 Appendix C—Form of permits and combined licenses issued on or AND GOVERNMENT AGENCIES
indemnity agreement with licensees after March 2, 1973, the provisions of this LICENSED BY NRC
furnishing proof of financial protection section will apply no later than such time as
in the form of licensee’s resources. a construction permit or combined license is 188. The authority citation for Part
* * * * * issued authorizing construction of any 171 continues to read as follows:
additional nuclear power reactor. Authority: Sec. 7601, Pub. L. 99–272, 100
Article VIII
Stat. 146, as amended by sec. 5601, Pub. L.
* * * * * PART 170—FEES FOR FACILITIES, 100–203, 101 Stat. 1330 as amended by sec.
4. If the Commission determines that the MATERIALS, IMPORT AND EXPORT 3201, Pub. L. 101–239, 103 Stat. 2132, as
licensee is financially able to reimburse the LICENSES, AND OTHER amended by sec. 6101, Pub. L. 101–508, 104
Commission for a deferred premium payment Stat. 1388, as amended by sec. 2903a, Pub.
REGULATORY SERVICES UNDER THE
made in its behalf, and the licensee, after L. 102–486, 106 Stat. 3125 (42 U.S.C. 2213,
notice of such determination by the ATOMIC ENERGY ACT OF 1954, AS
2214); sec. 301, Pub. L. 92–314, 86 Stat. 227
Commission fails to make such AMENDED
(42 U.S.C. 2201w); sec. 201, Pub. L. 93–438,
reimbursement within 120 days, the 88 Stat. 1242, as amended (42 U.S.C. 5841);
Commission will take appropriate steps to 186. The authority citation for Part sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504
suspend the license for 30 days. The 170 continues to read as follows: note).
Commission may take any further action as
necessary if reimbursement is not made Authority: Sec. 9701, Pub. L. 97–258, 96 189. In § 171.15, paragraph (a) is
within the 30-day suspension period Stat. 1051 (31 U.S.C. 9701); sec. 301, Pub. L. revised to read as follows:
including, but not limited to, termination of 92–314, 86 Stat. 227 (42 U.S.C. 2201w); sec.
the operating license or combined license. 201, Pub. L. 93–438, 88 Stat. 1242, as § 171.15 Annual Fees: Reactor licenses
* * * * * amended (42 U.S.C. 5841); sec. 205a, pub. L. and independent spent fuel storage
101–576, 104 Stat. 2842, as amended (31 licenses.
185. Section 140.96 is revised to read U.S.C. 901, 902); sec. 1704, 112 Stat. 2750 (44 (a) Each person holding an operating
as follows: U.S.C. 3504 note). license for a power, test, or research
§ 140.96 Appendix F—Indemnity reactor; each person holding a combined
locations. 187. In § 170.2, paragraph (j) is license under part 52 of this chapter
removed and reserved, and paragraphs after the Commission has made the
(a) Geographical boundaries of indemnity (g) and (k) are revised to read as follows:
locations. (1) In every indemnity agreement finding under § 52.103(g); each person
between the Commission and a licensee holding a part 50 or part 52 power
§ 170.2 Scope.
which affords indemnity protection for the reactor license that is in
preoperational storage of fuel at the site of a * * * * * decommissioning or possession only
nuclear power reactor under construction, (g) An applicant for or holder of a status, except those that have no spent
the geographical boundaries of the indemnity production or utilization facility fuel on-site; and each person holding a
location will include the entire construction part 72 license who does not hold a part
area of the nuclear power reactor, as
construction permit or operating license
issued under 10 CFR part 50, or an early 50 or part 52 license shall pay the
determined by the Commission. Such area
will not necessarily be coextensive with the site permit, standard design annual fee for each license held at any
indemnity location which will be established certification, standard design approval, time during the Federal fiscal year in
at the time an operating license or combined manufacturing license, or combined which the fee is due. This paragraph
license under 10 CFR part 52 is issued for license issued under 10 CFR part 52; does not apply to test and research
such additional nuclear power reactors. reactors exempted under § 171.11(a).
(2) In every indemnity agreement between * * * * *
* * * * *
the Commission and a licensee which affords (j) [Reserved]
indemnity protection for an existing nuclear Dated at Rockville, Maryland, this 22nd
power reactor, the geographical boundaries of (k) Applying for or already has day of February, 2006.
the indemnity location shall include the applied for review, under appendix Q to For the Nuclear Regulatory Commission.
entire construction area of any additional 10 CFR part 50 of a facility site before Annette L. Vietti-Cook,
nuclear power reactor as determined by the the submission of an application for a Secretary of the Commission.
Commission, built as part of the same power construction permit;
station by the same licensee. Such area will [FR Doc. 06–1856 Filed 3–10–06; 8:45 am]
not necessarily be coextensive with the * * * * * BILLING CODE 7590–01–P

Proposed Rule: Nuclear Power Plants Licenses, Certifications, and Approvals

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Proposed Rule: Nuclear Power Plants Licenses, Certifications, and Approvals

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Monday,

March 13, 2006

NUCLEAR REGULATORY Washington, DC 20555–0001, ATTN: Reactor Regulation, U.S. Nuclear

None .......................... 52.83 A. Introduction implement the Commission’s policy on

Commission ruled that:

power) of constructing and operating a nuclear

* * * any other employer engaged in any activity

Early Site Permit (SDA); Subpart A

manufacturing process to be accomplished in a

§ 52.103(g). there is no significant environmental However, under the current provisions

certification is referenced in a combined license

which differ from the site parameters specified in

1. Section 54.1, Purpose

ESP. Thus, for example, if the ESP applicant chose

Document PDR Web EPDR NRC staff

Comments received ............................................................................................................ X .............. X .............. X ...................

LIST OF CHANGES 10 CFR PART 52 PROPOSED RULEMAKING

LIST OF CHANGES 10 CFR PART 52 PROPOSED RULEMAKING—Continued

served to the Commission.

LIST OF CHANGES 10 CFR PART 52 PROPOSED RULEMAKING—Continued

LIST OF CHANGES 10 CFR PART 52 PROPOSED RULEMAKING—Continued

10 CFR Part 20—Standards of Protection

10 CFR Part 21—Reporting of Defects and Noncompliance

have the statutory authority to implement provi-

LIST OF CHANGES 10 CFR PART 52 PROPOSED RULEMAKING—Continued

have the statutory authority to do so. States that

LIST OF CHANGES 10 CFR PART 52 PROPOSED RULEMAKING—Continued

10 CFR Part 25—Access Authorization

10 CFR Part 26—Fitness for Duty Programs

fact, amendments to the 10 CFR part 50 procedures

proposed rule represent conforming 10 CFR Part 25

Regulation. § 2.1 Scope. standard design approval, shall be filed

of initial hearing, a subsequent notice will be

hazards consideration, it will provide and examined; and or license.

(including a design certification), be 10 CFR 52.103 with respect to * * * * *

continues to read as follows:

48. In § 21.51 paragraph (a)(4) is

must be submitted to the U.S. Nuclear in NUREG–0396, EPA 520/1–78–016, ‘‘Planning

Government Radiological Emergency Response

amended, 202, 88 Stat. 1242, as amended, are revised to read as follows:

116. In § 51.51 paragraph (a) is revised § 51.58, and is revised to read as

5 Values for releases of Rn-222 and TC–99 are not

information. information requests.

acceptable limit for an emergency dose to the public

taken in the event of a radiological

acceptable limit for an emergency dose to the public

evaluation should be based upon a major accident,

which, according to NCRP recommendations at the

* * * * * licensee personnel in order to accomplish cognizant Director is the Director, Office

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