ML20241A017

NRC Staff Draft White Paper Analysis of Applicability of NRC Regulations for Non-LWRs

ML20241A017
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Issue date:	09/30/2020
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THE NRC STAFF HAS PREPARED THIS DRAFT WHITE PAPER AND IS RELEASING IT TO SUPPORT AN UPCOMING ADVANCED REACTOR STAKEHOLDER MEETING. THE NRC STAFF INTENDS THIS DRAFT WHITE PAPER TO FACILITATE DISCUSSION AT THE MEETING, BUT IS NOT SOLICITING WRITTEN COMMENTS ON IT. THE CONTENTS OF THIS DOCUMENT ARE SUBJECT TO CHANGE AND SHOULD NOT BE INTERPRETED AS OFFICIAL AGENCY POSITIONS. FOLLOWING THE MEETING, THE NRC STAFF PLANS TO COMPLETE ITS ANALYSIS OF THE APPLICABILITY OF CURRENT NRC REGULATIONS TO NON-LIGHT WATER REACTORS IN THE FORM OF A WHITE PAPER OR SOME OTHER DOCUMENT, AND WILL CONSIDER OPTIONS FOR INVITING PUBLIC PARTICIPATION.

September 2020 NRC Staff Draft White Paper Analysis of Applicability of NRC Regulations for Non-Light Water Reactors

Background

This draft white paper is an update to Attachment 1 of the Draft Non-Light Water Review Strategy Staff White Paper (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19275F299) released September 2019 to support discussions at previous advanced reactor stakeholder meetings. The Draft Non-Light Water (non-LWR)

Review Strategy was intended to facilitate discussion on possible approaches for the U.S.

Nuclear Regulatory Commission (NRC) staff review of the licensing basis information of a non-LWR application independent of the specific design or methodology used. Due in part to recent accelerated interest in licensing non-LWRs using Title 10 of the Code of Federal Regulations (10 CFR) Parts 50 and 52, NRC staff determined it would be useful to update and issue of that draft review strategy as a white paper separate from the draft review strategy. This draft white paper expands upon Attachment 1 to the draft review strategy and states the staff position on the applicability of various regulations to non-LWR applicants under either Part 50 or Part 52. At this point, there are no plans to finalize the draft review strategy.

Analysis The NRC staff has analyzed which regulations are generally applicable to all non-LWR applications for construction permits and operating licenses under 10 CFR Part 50 and standard design certifications, combined licenses, and standard design approvals under 10 CFR Part 52.1 Applicable, in this context, refers to regulations currently in force from which non-LWR designs cannot be generically excluded by the terms of the regulations. In all of our actions, the NRC staff is committed to following the NRCs Principles of Good Regulation (independence, openness, efficiency, clarity, and reliability) while performing our mission. In accordance with these principles, the NRC staff has prepared this document to aid in facilitating clear, open, and efficient review of non-LWR reactor designs.

This document presents the NRC staffs generic analysis of regulations, and does not constitute a new interpretation of existing regulations. The staff intends to implement any generic changes in the regulations as part of more suitable future efforts, such as the anticipated Part 53 1

The NRC staff did not include regulations associated with early site permits, limited work authorizations, and manufacturing licenses under 10 CFR Part 52.

rulemaking. The NRC staff acknowledges that some of the regulations identified as generally applicable in the tables below may not serve a purpose for certain non-LWR designs due to their unique design attributes. Prospective applicants should engage as soon as practicable with the NRC staff to determine the need for exemptions from specific requirements for a particular design or technology.

Applicants may request exemptions from the applicable NRC regulations on a case-by-case basis depending on the nature of the specific design and associated determination of regulatory applicability. In reviewing an exemption request, in accordance with the regulations, the NRC must determine that the proposed exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. In addition, the proposed exemption must provide at least one special circumstance identified in 10 CFR 50.12(a)(2). The NRC staff anticipates that non-LWRs applicants will request exemptions from some of the NRCs regulations. In some cases, the reasoning for an exemption will be clear, as the underlying purpose of the regulation clearly relates to technical issues arising from LWR technology. In other cases, based on design or technology-specific considerations, a non-LWR applicant may request an exemption, and NRC staff will review these requests on their merits on a case-by-case basis.

An exemption request may not always be required, in many cases the NRC staff expects that non-LWR designs may meet a rule through design and application-specific implementations.

Depending on the specific regulation, compliance could be achieved either through an exemption or by justifying that the rule is met when applied to the specific design. In other cases, such as defining terms or listing codes and standards, the regulations may be applicable but do not pose requirements. For example, 10 CFR §§ 50.55a(a) provides a list of standards approved for incorporation by reference into NRC regulations but does not itself impose requirements and is applicable to non-LWRs. Regulations in 10 CFR §§ 50.55a(b)-(h) and (z) prescribe the use of the codes and only 10 CFR §§ 50.55a(h) and (z) are applicable to non-LWRs. A designer of a non-LWR or applicant for a license for a non-LWR design may elect to apply American Society of Mechanical Engineers (ASME) Code, OM Code, or ASME NQA-1 requirements, but § 50.55a does not impose those requirements on non-LWR designs.

The goal of this white paper is to provide a comprehensive list of regulatory requirements that apply to non-LWRs, but omission of any given regulation from the tables below should not be interpreted as an indication that the omitted regulation does not apply to a specific design. As part of any future application review, the NRC staff nonetheless intends to continue to evaluate current NRC regulations that do not apply to non-LWR designs to ensure that any particular non-LWR design achieves the underlying safety purpose of each such regulation if needed for adequate protection of public health and safety or the common defense and security.

In developing the tables provided below, references are made to both 10 CFR Parts 50 and 52, which represent different possible licensing pathways for non-LWR applicants. In performing this regulatory review, the NRC staff comprehensively addressed 10 CFR Part 50, as it contains the full set of regulations applicable to power reactors and is referenced in 10 CFR Part 52 directly in many instances. Separately, the NRC staff reviewed 10 CFR Part 52 as there are instances in which application of 10 CFR Part 50 versus Part 52 would yield a different result for the same regulation, as discussed in more detail below.

The NRC staff notes that it may be possible to draft templates or guidance for certain exemptions expected to apply to non-LWRs generally or to specific non-LWR technologies.

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However, each applicable exemption request will need to be included in the individual licensing action or design certification applications.

Table 1 provides regulations and additional context for areas where exemptions may be expected for non-LWR designs because the applicable regulatory requirements apply to all reactor designs, but they provide a description of conditions found in LWRs that may not be expected in non-LWRs. Table 2 identifies Part 52 regulations for which an exemption is expected for non-LWRs because although the regulations do not state that they are applicable to LWRs only, they cross-reference Part 50 regulations that are applicable to LWRs only.

Table 3 provides a list of 10 CFR Part 50 regulations to be considered by non-LWR designers, with expected applicability for each regulation in the table. Table 4 provides a list of 10 CFR 50.34(f) [i.e., Three Mile Island (TMI)] requirements deemed applicable to non-LWRs.

Table 5 provides a list of 10 CFR Part 52 regulations to be considered by non-LWR designers, with expected applicability for each regulation in the table. Table 6 provides a list of regulations by part outside of 10 CFR Part 50 and Part 52 that may apply to non-LWRs. Tables 3, 5 and 6 are intended to be a comprehensive list of regulations expected to be part of the scope of a non-LWR reactor application, but omission of any regulation should not be interpreted as a non-applicability. In Tables 3 through 6, the expected applicability of a regulation to a non-LWR is indicated by Y for Yes, or N for No. Table 4 also provides a description of entry conditions that if met for a given design would make a regulation applicable; if the entry conditions are not met then the regulations are considered not applicable.

Since 2017, the NRC staff has engaged on the Licensing Modernization Project (LMP) being led by Southern Company and coordinated by the Nuclear Energy Institute (NEI). Accordingly, in support of this effort, in June 2020, NRC staff issued Regulatory Guide 1.233, Guidance for a Technology Inclusive, Risk-informed, and Performance-based Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light-Water Reactors, which endorses the LMP methodology. Use of the LMP could also prompt an applicant to request exemptions from certain regulations, such as the 10 CFR 50.2 definition of safety-related structures, systems and components.

Tables Table 1 lists the regulations associated with three topical areas (fission product release, criticality, and the reactor coolant pressure boundary) that the NRC staff has identified for which the underlying regulatory basis applies to all reactor designs, but the regulations contain language that is specific to light water reactor designs. At the present time, a generic resolution for these items is complicated by design-specific considerations and the relative importance of each concept in the overall safety demonstration of the specific design. As such, the NRC staff anticipates that non-LWR applicants will request exemptions from these regulations, but the precise nature of each requested exemption will depend on the specific technology and how other regulations are being met. The NRC staff will engage with non-LWR applicants with the goal of affording applicants as much flexibility as possible in implementing solutions to meet the underlying purpose of these regulations. The staff emphasizes the importance of early engagement on these topics to facilitate an efficient and effective review.

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Table 1 - Areas with anticipated exemptions Topical Area Regulation Discussion These provisions require that an applicant shall assume a fission product release from the core into the containment and that the applicant perform an evaluation and analysis of the postulated fission product release using the expected demonstrable containment leak rate and any fission product cleanup systems intended to mitigate the consequences of the accidents.

This language is LWR-centric and the 10 CFR prescriptive nature is not consistent with the Fission Product 50.34(a)(1)(ii)(D) Commission policy in SRM-SECY-18-0060 that Release 10 CFR 52.47(a)(2)(iv) would allow functional containment for fission 10 CFR 52.79(a)(1)(vi) product retention rather than assuming that the facility would include a traditional pressure retaining containment. Further, the concept of a substantial meltdown of the core for a non-LWR design may differ dramatically from that normally described for an LWR design. These regulations still require an applicant to demonstrate how it will mitigate the radiological consequences of accidents. Further, addressing the regulation will likely involve addressing defense-in-depth considerations.

Paragraph (b) of 10 CFR 50.68 provides LWR-centric conditions for criticality safety in lieu of monitoring to detect criticality. Non-LWR fuel differs significantly from traditional fuel types used in LWRs and in many cases has higher enrichment. Regulations in 10 CFR 50.68(a) require that licensees meet the requirements in 10 CFR 70.24 or the requirements in 10 CFR 10 CFR 50.68(b) 50.68(b), which contains LWR-specific criteria 10 CFR 52.47(a)(17) for acceptable criticality prevention. The NRC Criticality 10 CFR 52.79(a)(43) staff recognizes that the requirements in 10 10 CFR 52.137(a)(17) CFR 50.68(b) were added to provide clear methods for precluding criticality that would obviate the need for monitoring criticality in stored fuel and anticipates that non-LWR applicants could provide similar criteria for specific non-LWR fuel designs as necessary through exemptions.

The corresponding regulations in 10 CFR Part 52 that cite 10 CFR 50.68 would be included in the exemption if applicable.

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Topical Area Regulation Discussion The reactor coolant pressure boundary for an LWR provides a fission product retention barrier for the release of radionuclides. However, in some non-LWRs, the reactor coolant boundary would not serve this function. Fission product 10 CFR 50.2 retention is provided by the functional (Definitions - Basic containment. Therefore, for these designs, the Component) statement in 10 CFR 50.2 (2 instances), 10 10 CFR 50.2 CFR 50.49(b), and 10 CFR 50.65, The integrity (Definitions - Safety- of the reactor coolant pressure boundary is not Reactor Coolant related Structure, applicable and an exemption is anticipated. In Pressure Systems and 10 CFR 50.36(c)(2)(ii), significant abnormal Boundary Components (SSCs)) degradation of the reactor coolant pressure 10 CFR 50.36(c)(2)(ii) boundary is not applicable and can be replaced 10 CFR 50.49(b) by significant abnormal degradation of the 10 CFR 50.65 functional containment via an exemption.

10 CFR Part 50 Appendix S The corresponding regulations in 10 CFR Part 52 that cite 10 CFR Part 50 regulations to the left would also need to be included in the exemption if applicable. For simplicity, the 10 CFR Part 52 regulations are not included in the listing.

Table 2 provides a list of the regulations in 10 CFR Part 52 that apply to all power reactors, but reference a 10 CFR Part 50 regulation that refers specifically to LWRs. As such, to address the regulations as written, an exemption would be required. The NRC staff believes it would be straightforward to justify such exemptions because, as documented in Table 2, the referenced 10 CFR Part 50 regulations do not apply to non-LWRs.

When a non-LWR design, by virtue of its unique attributes, need not comply with one or more of the requirements of a regulation listed in Table 2, the applicant should request an exemption or exemptions from the specific subsection or subsections of each such regulation. Any such request should include the following information:

• a statement that the design need not comply with the requirements of a specific subsection or subsections below; and

• a statement or reference to associated docketed application material explaining why the design need not comply with the regulation (e.g., a design overview that makes it clear the reactor is not an LWR and the technology type employed need not include the safety function required by the regulation or accomplishes a required safety function through a means other than that required by the regulation).

The NRC, upon request from individual applicants, will use the provided information to review and evaluate exemptions from these regulations under 10 CFR 50.12 or 52.7 as applicable. If the application includes the above information, the NRC staff will not normally expect to consider additional information in connection with the exemptions.

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Table 2 - Part 52 Regulations Referencing Part 50 Regulations Limited to LWRs Topical Area Regulation Discussion The second sentence of each provision requires a description of the analysis and Analysis of SSCs and 10 CFR 50.34(a)(4) evaluation of the ECCS cooling Emergency Core 10 CFR 50.34(b)(4) performance in accordance with 10 CFR Cooling System 10 CFR 52.47(a)(4) 50.46, which is only applicable to LWRs.

(ECCS) 10 CFR 52.79(a)(5)

Therefore, non-LWR applicants will need Evaluation 10 CFR 52.137(a)(4) an exemption for the reference to 10 CFR 50.46 in these regulations.

These provisions reference 10 CFR Anticipated Transient 10 CFR 52.47(a)(15) 50.62, which is only applicable to LWRs.

Without Scram 10 CFR 52.79(a)(42)

Therefore, non-LWR applicants will need (ATWS) 10 CFR 52.137(a)(15) an exemption from these regulations.

These provisions reference 10 CFR 10 CFR 52.47(a)(16)

Station Blackout 50.63, which is only applicable to LWRs.

10 CFR 52.79(a)(9)

(SBO) Therefore, non-LWR applicants will need 10 CFR 52.137(a)(16) an exemption from these regulations.

These provisions require a description of protection against pressurized thermal shock events and reference 10 CFR 50.60 and/or 10 CFR 50.61, which are 10 CFR 50.34(b)(9) only applicable to LWRs. All non-LWRs Pressurized Thermal 10 CFR 52.47(a)(14) designs the NRC staff is aware of operate Shock Events 10 CFR 52.79(a)(7) at near atmospheric conditions and 10 CFR 52.137(a)(14) cannot experience pressurized thermal shock events. Therefore, non-LWR applicants will need an exemption to these regulations.

The regulation references 10 CFR Part Containment Leak 50 Appendix J, which is only applicable to 10 CFR 52.79(a)(12)

Rate LWRs; therefore, non-LWR applicants will need an exemption to this regulation.

The regulation references 10 CFR Part Reactor Vessel 50 Appendix H which is only applicable to 10 CFR 52.79(a)(13)

Surveillance Program LWRs; therefore, non-LWR applicants will need an exemption to these regulations.

The regulation references 10 CFR Part Effluent Monitoring 50 Appendix I which is only applicable to and Sampling 10 CFR 52.79(a)(16)(ii)

LWRs, therefore non-LWR applicants will Program need an exemption to these regulations.

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Table 3 provides a list of 10 CFR Part 50 regulations to be considered by non-LWR designers, with expected applicability for each regulation in the table.

Table 3 - 10 CFR Part 50 Requirements, as applicable to applications under Part 50 for non-LWRs2 Presumed applicability to Regulation Topic non--LWRs Y, all definitions are applicable to all designs but most 10 CFR 50.2 Definitions definitions do not themselves create requirements.

10 CFR 50.3 Interpretations Y 10 CFR 50.4 Written communications Y 10 CFR 50.5 Deliberate misconduct Y 10 CFR 50.7 Employee protection Y Completeness and accuracy of 10 CFR 50.9 Y information License required; Limited work 10 CFR 50.10 Y authorization (LWA)

Exceptions and exemptions from 10 CFR 50.11 Y licensing requirements 10 CFR 50.12 Specific exemptions Y Attacks and destructive acts by 10 CFR 50.13 enemies of the United States; and Y defense activities 10 CFR 50.20 License classification Y Class 104 licenses for commercial 10 CFR 50.21 Y and industrial facilities Class 103 licenses for commercial 10 CFR 50.22 Y and industrial facilities 2

Omission of any given regulation from the tables should not be interpreted as a non-applicability.

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Presumed applicability to Regulation Topic non--LWRs 10 CFR 50.23 Construction permits (CPs) Y Filing of application; oath or 10 CFR 50.30 Y affirmation 10 CFR 50.31 Combining applications Y 10 CFR 50.32 Elimination of repetition Y 10 CFR 50.33 Applicant information Y 10 CFR 50.34(a)(13) Aircraft impact Y 10 CFR 50.34(b) FSAR Y Site Evaluation (10 CFR Part 100) 10 CFR 50.34(b)(1) Y for Operating License Applications 10 CFR 50.34(b)(2) FSAR description of SSCs Y Kinds and quantities of radioactive 10 CFR 50.34(b)(3) Y materials (10 CFR Part 20)

Analysis of SSCs and ECCS See Analysis of SSCs and 10 CFR 50.34(b)(4) evaluation ECCS Evaluation in Table 2 Description and evaluation of 10 CFR 50.34(b)(5) applicable programs including Y research and development Facility operation documentation 10 CFR 50.34(b)(6) Y (programs, TS, etc.)

10 CFR 50.34(b)(7) Technical qualifications Y 10 CFR 50.34(b)(8) Operator requalification program Y Description of pressurized thermal See Pressurized Thermal 10 CFR 50.34(b)(9) shock Shock Events in Table 2 Earthquake engineering criteria in 10 CFR 50.34(b)(10) Y Appendix S of 10 CFR Part 50 8

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Presumed applicability to Regulation Topic non--LWRs 10 CFR 50.34(b)(11) Siting criteria Y 10 CFR 50.34(b)(12) Aircraft impact Y 10 CFR 50.34(c) Physical security plan Y 10 CFR 50.34(d) Safeguards contingency plan Y Protection against unauthorized 10 CFR 50.34(e) Y disclosure 10 CFR 50.34(f) TMI requirements See footnote 3 10 CFR 50.34(g) Combustible gas control Y Conformance with the Standard 10 CFR 50.34(h) N Review Plan (SRP)

Mitigation of beyond-design-basis 10 CFR 50.34(i) Y events Design objectives for equipment to 10 CFR 50.34a control releases of radioactive Y material in effluents 10 CFR 50.36 Technical specifications Y Additional standards and provisions affecting class 103 10 CFR 50.43(e)(1) Y licenses and certifications for commercial power Additional standards and provisions affecting class 103 10 CFR 50.43(e)(2) Y licenses and certifications for commercial power 3

Although not required for applications under 10 CFR Part 50, the Commission direction in the Staff Requirements Memorandum to SECY-15-0002 confirmed that its earlier directions for the 10 CFR Part 52 new power reactor applications be applied consistently to 10 CFR Part 50 new power reactor applications. In addition, the Commission approved revision of the regulations in 10 CFR Part 50 for new power reactor applications to more closely align with requirements in 10 CFR Part 52, incorporating the requirements identified by the staff in SECY-15-002, including the TMI-related items under 10 CFR 50.34(f).

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Presumed applicability to Regulation Topic non--LWRs Combustible gas control for 10 CFR 50.44(a) Y nuclear power reactors Combustible gas control for 10 CFR 50.44(b) N nuclear power reactors Combustible gas control for 10 CFR 50.44(c) N nuclear power reactors Combustible gas control for 10 CFR 50.44(d) Y nuclear power reactors Standards for construction 10 CFR 50.45 permits, operating licenses, and Y combined licenses Acceptance criteria for emergency 10 CFR 50.46 N core cooling systems Y, but only required (per the text in the regulation) for a design where the accumulation Acceptance criteria for reactor 10 CFR 50.46a of non-condensible gases coolant system venting systems would cause the loss of function of the core cooling systems Acceptance criteria for reactor See Analysis of SSCs and 10 CFR 50.46a(a) coolant system venting systems ECCS Evaluation in Table 2 Acceptance criteria for reactor See Analysis of SSCs and 10CFR 50.46a(b) coolant system venting systems ECCS Evaluation in Table 2 Acceptance criteria for reactor See Analysis of SSCs and 10 CFR 50.46a(c) coolant system venting systems ECCS Evaluation in Table 2 10 CFR 50.47 Emergency plans Y 10 CFR 50.48(a) Fire protection plan Y 10 CFR 50.48(b) Fire protection (Appendix R) N National Fire Protection N, NFPA 805 is specific to Light 10 CFR 50.48(c)

Association Standard (NFPA) 805 Water Reactors 10 Draft version, Not for use

Presumed applicability to Regulation Topic non--LWRs Environmental qualification of 10 CFR 50.49 electric equipment important to Y, except as noted below safety for nuclear power plants Environmental qualification of 10 CFR 50.49(g) electric equipment important to N safety for nuclear power plants Environmental qualification of 10 CFR 50.49(h) electric equipment important to N safety for nuclear power plants Environmental qualification of 10 CFR 50.49(i) electric equipment important to N safety for nuclear power plants Environmental qualification of 10 CFR 50.49(k) electric equipment important to N safety for nuclear power plants Issuance of licenses and 10 CFR 50.50 Y construction permits 10 CFR 50.51 Continuation of license Y 10 CFR 50.52 Combining licenses Y 10 CFR 50.53 Jurisdictional limitations Y 10 CFR 50.54 Conditions of licenses Y, as applicable 10 CFR 50.54(a) Quality assurance Y 10 CFR 50.54(j) Reactivity manipulation Y 10 CFR 50.54(k) Operator at the controls Y 10 CFR 50.54(m) Staffing requirements Y Primary containment/Appendix J 10 CFR 50.54(o) N applicability 10 CFR 50.54(ff) Seismic Y 11 Draft version, Not for use

Presumed applicability to Regulation Topic non--LWRs 10 CFR 50.54(hh) Aircraft Impact Y Conditions of construction permits, early site permits, combined 10 CFR 50.55 Y licenses, and manufacturing licenses Y, the provision provides a list of standards approved for 10 CFR 50.55a(a) Codes and standards incorporation by reference but does not itself impose requirements Codes and standards - use and 10 CFR 50.55a(b) N conditions on the use of standards Codes and standards - reactor 10 CFR 50.55a(c) N coolant pressure boundary Codes and standards - Quality 10 CFR 50.55a(d) N Group B components Codes and standards - Quality 10 CFR 50.55a(e) N Group C components Codes and standards - preservice 10 CFR 50.55a(f) N and inservice testing requirements Codes and standards - Preservice 10 CFR 50.55a(g) and inservice inspection N requirements 10 CFR 50.55a(h)(2) Codes and standards N 10 CFR 50.55a(h)(3) Codes and standards Y 10 CFR 50.55a(z) Codes and standards Y Conversion of construction permit 10 CFR 50.56 to license; or amendment of Y license 10 CFR 50.57 Issuance of operating license Y 12 Draft version, Not for use

Presumed applicability to Regulation Topic non--LWRs Hearings and report of the 10 CFR 50.58 Advisory Committee on Reactor Y Safeguards 10 CFR 50.59 Changes, tests and experiments Y Acceptance criteria for fracture 10 CFR 50.60 prevention measures for LWRs for N normal operation Fracture toughness requirements 10 CFR 50.61 for protection against pressurized N thermal shock events Alternate fracture toughness requirements for protection 10 CFR 50.61a N against pressurized thermal shock events Requirements for reduction of risk 10 CFR 50.62 N from ATWS events for LWRs Loss of all alternating current 10 CFR 50.63 N power Y; also see Reactor Coolant 10 CFR 50.65 Maintenance rule Pressure Boundary in Table 1 as applicable Requirements for thermal 10 CFR 50.66 annealing of the reactor pressure N vessel 10 CFR 50.67 Accident source term N 10 CFR 50.68 Criticality accident requirements Y, See Criticality in Table 1 Risk-informed categorization and 10 CFR 50.69 Y, optional treatment of SSCs 10 CFR 50.70 Inspections Y Maintenance of records, making of 10 CFR 50.71 Y reports 13 Draft version, Not for use

Presumed applicability to Regulation Topic non--LWRs Y, an exemption may not be required if a Level 3 PRA is Probabilistic risk assessment 10 CFR 50.71(h)(1) done because the scope of the (PRA)

Level 3 PRA encompasses the Level 1 and Level 2 PRAs.

Immediate notification 10 CFR 50.72 requirements for operating nuclear Y power reactors 10 CFR 50.73 Licensee event report system Y Notification of change in operator 10 CFR 50.74 Y or senior operator status Reporting and recordkeeping for 10 CFR 50.75 Y decommissioning planning Licensees change of status; 10 CFR 50.76 Y financial qualifications 10 CFR 50.78 Facility information and verification Y 10 CFR 50.80 Transfer of licenses Y 10 CFR 50.81 Creditor regulations Y 10 CFR 50.82 Termination of license Y Release of part of a power reactor 10 CFR 50.83 Y facility or site for unrestricted use Application for amendment of 10 CFR 50.90 license, construction permit, or Y early site permit Notice for public comment; State 10 CFR 50.91 Y consultation 10 CFR 50.92 Issuance of amendment Y Revocation, suspension, 10 CFR 50.100 modification of licenses, permits, Y and approvals for cause 14 Draft version, Not for use

Presumed applicability to Regulation Topic non--LWRs Retaking possession of special 10 CFR 50.101 Y nuclear material Commission order for operation 10 CFR 50.102 Y after revocation Suspension and operation in war 10 CFR 50.103 Y or national emergency 10 CFR 50.109 Backfitting Y 10 CFR 50.110 Violations Y 10 CFR 50.111 Criminal penalties Y Training and qualification of 10 CFR 50.120 Y nuclear power plant personnel 10 CFR 50.150 Aircraft impact Y Mitigation of beyond-design-basis 10 CFR 50.155 Y events 10 CFR Part 50 General Design Criteria N Appendix A 10 CFR Part 50 Quality assurance Y Appendix B 10 CFR Part 50 Financial data and qualifications Y Appendix C 10 CFR Part 50 Emergency planning Y Appendix E Fuel reprocessing plants and 10 CFR Part 50 related waste management Y Appendix F facilities 10 CFR Part 50 Fracture toughness requirements N Appendix G Reactor vessel material 10 CFR Part 50 surveillance program N Appendix H requirements 15 Draft version, Not for use

Presumed applicability to Regulation Topic non--LWRs 10 CFR Part 50 ALARA N Appendix I Primary reactor containment 10 CFR Part 50 leakage testing for water-cooled N Appendix J power reactors 10 CFR Part 50 ECCS evaluation models N Appendix K 10 CFR Part 50 Standardization of nuclear power Y

Appendix N plant designs 10 CFR Part 50 Pre-application early review of site Y

Appendix Q suitability issues 10 CFR Part 50 Fire protection N Appendix R 10 CFR Part 50 Earthquake engineering criteria Y Appendix S 16 Draft version, Not for use

Requirements under 10 CFR 50.34(f) are only applicable for 10 CFR Part 52 applications. See Footnote 3 on Page 2 for a discussion of applicability to 10 CFR Part 50 applicants. Use of the term technically relevant as it applies in this case allows for a greater degree of flexibility in meeting the regulation. If a sound case can be made that the requirement in question is not technically relevant to a design under review, the requirement is satisfied without a need for an exemption. Table 4, below, provides a broad scope applicability for non-LWRs, with entry conditions for technical relevancy listed for some items. TMI requirements are not applicable to 10 CFR Part 50 non-LWR applicants. Those 10 CFR 50.34(f) provisions considered to be applicable to non-LWRs and those with applicability entry conditions are listed in Table 4. The 10 CFR 50.34(f) citations not listed in Table 4 are considered not applicable.

Table 4 - Applicability of 10 CFR 50.34(f) TMI Requirements to non-LWRs under Part 52 Presumed applicability to Regulation Topic non--LWRs PRA to seek improvements in 10 CFR 50.34(f)(1)(i) Y reliability of heat removal systems Y (entry condition: only for reactor designs that have a 10 CFR 50.34(f)(1)(iii) Reactor coolant pump seal damage coolant pump with seals that retain inventory credited for core cooling)

Technical information for completion 10 CFR 50.34(f)(2) of safety analysis or Unresolved Y Safety Issues 10 CFR 50.34(f)(2)(i) Control room simulator Y Plant procedure improvement 10 CFR 50.34(f)(2)(ii) Y program 10 CFR 50.34(f)(2)(iii) Control room human factors Y 10 CFR 50.34(f)(2)(iv) Safety parameter display system Y Automatic indication of status of 10 CFR 50.34(f)(2)(v) Y safety systems Y (entry condition: only if reactor coolant flow is High point venting of reactor coolant credited for core cooling 10 CFR 50.34(f)(2)(vi) system (RCS) and coolant flow can be impeded by non-condensible gases) 10 CFR 50.34(f)(2)(vii) Radiation shielding design review Y 17 Draft version, Not for use

Presumed applicability to Regulation Topic non--LWRs 10 CFR 50.34(f)(2)(viii) Post-accident sampling Y Y (entry condition: only if RCS has relief valves and 10 CFR 50.34(f)(2)(x) Relief and safety valves failure of these valves would lead to core cooling challenges)

Y (entry condition: only if RCS has relief valves and 10 CFR 50.34(f)(2)(xi) Relief and safety valves failure of these valves would lead to core cooling challenges)

Y (entry condition: only for designs that use a 10 CFR 50.34(f)(2)(xiv) Containment isolation traditional containment rather than a functional containment approach)

Y (entry condition: only for designs that use a 10 CFR 50.34(f)(2)(xv) Containment purging traditional containment rather than a functional containment approach)

Y (entry condition: only for designs that use a 10 CFR Control room instrumentation for traditional containment 50.34(f)(2)(xvii) containment functions rather than a functional containment approach) 10 CFR Coolant instrumentation Y 50.34(f)(2)(xviii) 10 CFR 50.34(f)(2)(xix) Post-accident monitoring Y Y (entry condition: only for designs that have SSCs capable of circulating 10 CFR radioactive materials Leakage control outside containment 50.34(f)(2)(xxvi) resulting from an accident outside of qualified barrier(s) to radioactive release) 18 Draft version, Not for use

Presumed applicability to Regulation Topic non--LWRs 10 CFR In-plant Radiation Monitoring Y 50.34(f)(2)(xxvii) 10 CFR Preclude control room habitability Y

50.34(f)(2)(xxviii) issues during accidents Technical qualification/management 10 CFR 50.34(f)(3) Y structure 10 CFR 50.34(f)(3)(i) Industry experience Y Quality assurance (QA) list includes 10 CFR 50.34(f)(3)(ii) Y all SSCs important to safety 10 CFR 50.34(f)(3)(iii) QA program Y Y (entry condition: only for designs that use a 10 CFR 50.34(f)(3)(iv) Dedicated containment penetrations traditional containment rather than a functional containment approach)

Y (entry condition: only for designs with external 50.34(f)(3)(vi) Containment hydrogen mitigation systems with a traditional containment)

Management plan for design and 50.34(f)(3)(vii) Y construction activities 19 Draft version, Not for use

Table 5 provides the anticipated applicability for the regulations for 10 CFR Part 52, Subpart B, Standard Design Certifications; Subpart C, Combined Licenses; and Subpart D, Standard Design Approvals; since these are the type of Part 52 applications expected by the NRC staff for most non-LWRs. Similar or additional requirements may exist for manufacturing licenses.

Table 5 - Selected 10 CFR Part 52 Requirements, as applicable to non-LWR Standard Design Certifications, Combined Licenses and Standard Design Approvals applications4 Presumed applicability to non-Topic Regulation LWRs 10 CFR 52.47(a)(4)

Analysis of SSCs and ECCS See Analysis of SSCs and 10 CFR 52.79(a)(5)

Evaluation ECCS Evaluation in Table 1 10 CFR 52.137(a)(4) 10 CFR 52.47(a)(9)

Applicability of SRP 10 CFR 52.79(a)(41) N 10 CFR 52 137(a)(9) 10 CFR 52.47(a)(12)

Combustible Gas Control 10 CFR 52.79(a)(8) Y 10 CFR 52.137(a)(12) 10 CFR 52.47(a)(14) See Pressurized Thermal Pressurized Thermal Shock 10 CFR 52.79(a)(7) Shock Events in Table 2 10 CFR 52.137(a)(14) 10 CFR 52.47(a)(15)

ATWS 10 CFR 52.79(a)(42) See ATWS in Table 2 10 CFR 52.137(a)(15) 10 CFR 52.47(a)(16)

SBO 10 CFR 52.79(a)(9) See SBO in Table 2 10 CFR 52.137(a)(16) 10 CFR 52.47(a)(17)

Criticality Accident See Criticality in Table 1 10 CFR 52.79(a)(43)

Requirements 10 CFR 52.137(a)(17)

Y, in part - The requirements associated with 10 CFR 50.48 are 10 CFR 52.47(a)(18)10 applicable. The General CFR 52.79(a)(6)

Design Criteria (GDC) in Fire protection 10 CFR 52.137(a)(18)

Appendix A are not a requirement for non-LWRs, but consistent with this regulation and the staff guidance in RG 1.232, staff 4

Omission of any given regulation from the tables should not be interpreted as a non-applicability.

20 Draft version, Not for use

Presumed applicability to non-Topic Regulation LWRs anticipates that applicants will provide a Principle Design Criterion (PDC) that is representative of Criterion 3.

Fire Protection Program 10 CFR 52.79(a)(40) Y 10 CFR 52.47(a)(21)

Unresolved Safety Issues (USI) Y 10 CFR 52.79(a)(20)

Resolution 10 CFR 52.137(a)(21) 10 CFR 52.47(a)(22)

Operating Experience 10 CFR 52.79(a)(37) Y 10 CFR 52.137(a)(22) 10 CFR 52.47(a)(23)

Severe Accident N 10 CFR 52.79(a)(38)

Considerations 10 CFR 52.137(a)(23)

Conceptual Design Information Y 10 CFR 52.47(a)(24)

Not Part of the Certification Interface requirements to be met by those portions of the Y 10 CFR 52.47(a)(25), (26) facility that are not part of the certification 10 CFR 52.47(a)(27)

PRA 10 CFR 52.79(a)(46) Y 10 CFR 52.137(a)(25) 10 CFR 52.47(b)(1)

ITAAC Y 10 CFR 52.80(a) 10 CFR 52.47(b)(2)

Environmental report Y 10 CFR 52.80(b)

Designs that Differ Significantly 10 CFR 52.47(c)(2) from LWRs Must Meet 50.43(e) 10 CFR 52.79(a)(24) Y 10 CFR 52.47(a)(13)

Environmental Qualification of Electrical Equipment 10 CFR 52.79(a)(10)

Y 10 CFR 52.137(a)(13)

ASME Code Programs 10 CFR 52.79(a)(11) Y 21 Draft version, Not for use

Presumed applicability to non-Topic Regulation LWRs Y; also, see Reactor Coolant Maintenance Rule 10 CFR 52.79(a)(15) Pressure Boundary in Table 1 as applicable 10 CFR 52.47(a)(10)

Control of Effluents 10 CFR 52.79(a)(16)(i) Y 10 CFR 52.137(a)(10)

See Effluent Monitoring and Effluents Monitoring and 10 CFR 52.79(a)(16)(ii) Sampling Program in Sampling Program Table 2 10 CFR 52.47(a)(8)

TMI Requirements 10 CFR 52.79(a)(17) Y 10 CFR 52.137(a)(8)

Risk-Informed Categorization of 10 CFR 52.79(a)(18)

SSCs Y, optional Emergency Plans 10 CFR 52.79(a)(21) Y Multi-Unit Sites 10 CFR 52.79(a)(31) Y Physical Security Plan 10 CFR 52.79(a)(35) Y Safeguards Contingency Plan 10 CFR 52.79(a)(36) Y 10 CFR 52.47(a)(28)

Aircraft Impact Assessment 10 CFR 52.79(a)(47) Y 10 CFR 52.137(a)(26)

Limited work authorization 10 CFR 52.80(c) Y Mitigation of Beyond-Design-10 CFR 52.80(d) Y Basis Events 22 Draft version, Not for use

Table 6 - Other regulations (excluding 10 CFR Parts 50 and 52) that may apply to non-LWRs at some stage in CP/OL/DC/COL/SDA/ML licensing5:

Presumed applicability to Regulation Topic non-LWRs 10 CFR Part 2 Agency rules of practice and procedure Y 10 CFR Part 9 Public records Y Criteria and procedures for determining eligibility for access to restricted data or 10 CFR Part 11 Y national security information or an employment clearance Notices, instructions and reports to workers:

10 CFR Part 19 Y inspection and investigations Standards for protection against ionizing 10 CFR Part 20 Y radiation 10 CFR Part 21 Reporting of defects and noncompliance Y 10 CFR Part 25 Access authorization Y 10 CFR Part 26 Fitness for duty programs Y Rules of general applicability to domestic 10 CFR Part 30 Y licensing of byproduct material General domestic licenses for byproduct 10 CFR Part 31 Y material Physical protection of Category 1 and 10 CFR Part 37 Y Category 2 quantities of radioactive material 10 CFR Part 40 Domestic licensing of source material Y Environmental protection regulations for 10 CFR Part 51 domestic licensing and related regulatory Y functions 10 CFR 51.51 Environmental fuel cycle environmental data N Environmental effects of transportation of 10 CFR 51.52 N fuel and waste 5

Omission of any given regulation from the tables should not be interpreted as a non-applicability.

23 Draft version, Not for use

Presumed applicability to Regulation Topic non-LWRs Requirements for renewal of operating 10 CFR Part 54 Y licenses for nuclear power plants 10 CFR Part 55 Operators licenses Y Domestic licensing of special nuclear 10 CFR Part 70 Y material Packaging and transportation of radioactive 10 CFR Part 71 Y material Licensing requirements for the independent storage of spent nuclear fuel and high-level 10 CFR Part 72 Y radioactive waste, and reactor-related greater than Class C waste Y, as 10 CFR Part 73 Physical protection of plants and materials applicable Material control and accounting of special 10 CFR Part 74 Y nuclear material Standard specifications for the granting of 10 CFR Part 81 Y patent licenses Facility security clearance and safeguarding 10 CFR Part 95 of national security information and Y restricted data 10 CFR Part 100 Reactor site criteria Y Export and import of nuclear equipment and 10 CFR Part 110 Y material Financial protection requirements and 10 CFR Part 140 Y indemnity agreements Fees for facilities, materials, import and export licenses, and other regulatory 10 CFR Part 170 Y services under the Atomic Energy Act of 1954, as amended 10 CFR Part 171 Annual fees for reactor licenses Y 24 Draft version, Not for use