ML20245L427
| ML20245L427 | |
| Person / Time | |
|---|---|
| Issue date: | 01/06/1989 |
| From: | Crockett S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Jordan E NRC OFFICE FOR ANALYSIS & EVALUATION OF OPERATIONAL DATA (AEOD) |
| Shared Package | |
| ML19316E281 | List: |
| References | |
| FRN-53FR32060 AC61-2-97, NUDOCS 8907050492 | |
| Download: ML20245L427 (56) | |
Text
{{#Wiki_filter:- [ o g o UNITED STATES NUCLEAR REGULATORY COMMISSION f , ,E WASHINGTON, D. C. 20555 January 6, 1989 MEMORANDUM FOR: Edward Jordan Director, AEOD FROM: Steven Crockett I Attorney, OGC
SUBJECT:
DRAFT FINAL RULE ON STANDARDIZATION AND LICENSING REFORM 1 Here is a through redrafting of the proposed rule on , standardization and licensing reform for review by the CRGR on I January 11. We are very near concurrence among OGC, RES, and NRR ! on this draft, and it also incorporates preliminary comment by the CRGR and the OEDO. The redraft is in comparative form, with deletions from the proposed rule indicated by crossings-out, and additions to the proposed rule indicated by underlining. Please excuse the absence of a section sign. The laser printer used to print this redraft does not respond correctly to the wordprocessors's section sign code. We would imagine that Committee members will want to read especially the sections dealing with technical contents of applications for design certification (52.47), finality of certification (52.63), and the proceeding on authorization of operation 1nder a combined license (52.103). Sections 52.47 and 52.63 are substantially the same as they were in the partial redraft the CRGR saw in December. Please note that RES believes ' that paragraphs 52.47 (a) (1) (ii) , (iv), and part of (v) (the refe.rence to the Safety Goals) are unnecessary and inappropriate j in a procedural rule like Part 52. Among the differences between this redraft and the proposed rule, ! the following are particularly to be noted: ! l (1) The redraft is more stringent on scope of design (discussed in 52.47). (2) The redraft sets a higher hurdle for admission of contentions in any hearing on authorization of operation (see ; 52.103). (3) The subpart on early site permits tries to say more l about what " amenability" to emergency planning is (the December draft's talk of dose reduction has been removed). It also offers , the option to the permit applicant of proposing planning j
" parameters", and, at the suggestion of the CRGR, it even offers !
the option of full emergency plans (52.17). h g07650ML %re - 1 _ _ _ _ _ _ _ _ _ _ _ J
l v-i 2 CRGR 1.6'.89
-(4) The standard for reviewing "variences" from early site permits has been changed from 50.92 to 50.12 (see, e.g.,
52.39(b)). (5) The standards for the handling of proprietary information have been changed to those in use for applications under Part 50 (see 52.51, for example).
-(6) The partial redraft the CRGR saw in December required applicants to use metric measures after a certain date; this redraft does not.
The redraft contains many other changes for the sake of clarity, consistency, logic, and the like. i
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1 ' l PART 52 - EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATIONS; l AND COMBINED LICENSES FOR NUCLEAR POWER PLANTS l General Provisions Sec. 52.1 Scope. l 52.3 Definitions. H 52.5 Interpretations. 52.8 Information collection requirements: OMB approval. Subpart A - Early Site Permits 52.11 Scope of subpart. 52.13 Relationship to Subpart F of 10 CFR Part 2. 52.15 Filing of applications. 52.17 Contents of applications. 52.18 Standards for review of applications. 52.19 Permit and renewal fees. 52.21 Hearings. 52.23 Referral to the ACRS. 52.24- Issuance of early site permit. 52.25 Extent of activities permitted. 52.27 Duration of permit. 52.29 Application for renewal. 52.31 Criteria for renewal. 52.33 Duration of renewal. 52.35 Use of site for other purposes. 52.37 Reporting of defects and noncompliance; revocation, suspension, modification of permits for cause. ) 52.39 Finality of early site permit determinations, i Subpart B - Standard Design Certifications 52.41 Scope of subpart. l 52.43 Relationship to 10 CFR Part 50, Appendices M, N, and O. 52.45 Filing of applications. 52.47 Contents of applications. 52.49 Design certification and renewal fees. 52.51 Administrative review of applications. 52.53 Referral to the ACRS. 52.54 Issuance of standard desion certification. 52.55 Duration of certification. 52.57 Application for renewal. 52.59 Criteria for renewal. 52.61 Duration of renewal. 52.63 Finality of standard design certifications. l u__________ _ !
b 1'
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-Subpart C ' Combined Licenses 52.71 Scope of subpart.- !
52.73 . Relationship to Subparts A and B. ! L52.75 ' Filing of applications. )
'52.77 Contents of. applications; general Information.
52.79 Contents of applications; technical Information'. 52.81 Standards for review of applications. 52.83- Applicability of Part 50 provisions. 52.85- Administrative review of applications, j 52.87, Referral to the ACRS. ! 52.89 Environmental review. l l 52.91 Authorization to conduct site activities.. 52.93 Exemptions andavariances. 52.97 Issuance of combined licenses. I 52.99 Inspection during construction. ! 52.101 Pre-operational antitrust review. , 52.103 Authorization to operate under a combined license.- l l Authority: Secs. 103, 161, 182,'183, 186, 189, 68 Stat. I 936, 948, 953, 954, 955,.956, as amended, sec. 234, 83 Stat. l 1244, as amended.(42 U.S.C. 2133, 2201, 2232, 2233,- 2236, 2239, l 2282); secs. 201, 202,'206, 88 Stat. 1242, 1244, 1246, as amended ! (42 U.S.C. 5841, 5842, 5846). i l 1 l
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.! 3 52.1 - 52.3 GENERAL PROVISIONS
_ 52.1 Scope. This Part governs the issuance of early site permits, standard design certifications, and combined construction permits and conditional operating licenses for nuclear power facilities under the Atemic Energy Act of 1954, as amended (68 Stat. 919), and Title II of the Energy Reorganization Act of 1974 (88 Stat. 1242). _ 52.3 Definitions _.__ As used in this Part, (a) " Combined license" means a combined construction permit and conditional operating license for a nuclear power facility issued pursuant to Subpart C of this Part. (b) "Early site permit" means a Commission approval, issued pursuant to Subpart A of this Part, for a site or sites for one or more nuclear power facilities. (c) " Standard design" means a design which is sufficiently detailed and complete to support certification in accordance with Euboqrt B of this part. Licensing-ef-a-nuelear-pewer-faeility-er approval-ef-a-majer-pertien-ef-such-a-facility-when-referenced-in an-application-for-a-eenstructien-permity-combined-construction permit-and-conditional-eperating-licenser-er-standard-design f l eertificatieny-as-apprepriater and which is usable for a multiple
4 52.3 - 52.5 - 52.8 number of units or at a multiple number of sites without reopening or repeating the review. (d) " Standard design certification", "desian certificating"g or " certification" means a Commission approval, issued pursuar.it to Subpart B of this Part, of a standard: design for a nuclear power facility, or a major portion of such a facility. A design so approved may be referred to as a " certified standard design". (c) All other terms in this Part have the meaning set out in
-10 CFR _ 50.2, or Section 11 of the Atomic Energy Act, as applicable.
52.5 Interpretations. Exceot as specifically authorized by the Commission in writina, no interpretation of the meanina of the regulations in this cart by any officer or emolovee of the Commission other than a written interpretation by fhe General Counsel will be recoanized to be bindina uoon the commission. _ 52.8 Information collection requirements: OMB accroval. (a) The Nuclear Regulatory Commission has submitted the information colleccion requirements contained in this part.to the Office of Management and Budget (OMB) for approval as required by the PLperwork Reduction Act of 1980 (44 U.S.C. 3501, et seq.).
!Q. .
5 52.8 OMB has approved the information collection requirements contained in this part under control number 3150(b) -- . (b) The approved information collection requirements contained in this part appear in [to be completed when rule is i submitted to Commission). 1
l S 6 52.11 - 52.13 - 52.15 SUBRART A - EARLY SITE PERMITS l _ $2.11 Scone of subpart. l This Subpart sets out the requirements and procedures applicable to commission issuance of early site permits for approval of a site or sites for one or more nuclear power facilities separate from and-prier-te the filing of an. application for a construction permit or combined license for such a facility. _ 52.13 EsJationship to Subpart F of 10 CFR Part 2. The procedures of this Subpart do not replace those set out in subpart F of 10 CFR Part 2. Subpart F applies only when early review of site suitability issues is soaght in connection with a fortheeming-- AD application for a permit to construct certain power facilities. This subpart applies when any person who may apply for a construction permit under 10 CFR Part 50 or for a combined license under 10 CFR Part 52 seeks an early site permit separately from and-prier-te an application for a construction permit or a combined license for a facility. This-subpart-may net-be-used-ence-an-application-has-been-decketed-pursuant-te-10 EFR-Er603r 52.15 Filina of acolications.
V , 7 52.15 - 52.17 (a) Any person who may apply for a construction permit under 10 CFR Part 50, or for a combined license under 10 CFR Part, may file with the Director of Nuclear Reactor Regulation an application for an early site permit. An application for an early site permit may be filed notwithstanding the fact that an application for a construction permit or a combined license has not been filed in connection with the site or sites for which a permit is sought. (b) The application must comply with the filing requirements of 10 CFR 50.30(a), (b), and (f)r as they would apolv to an aoolication for a construction oermit. The followina portions of _ 50.4. which is referenced by 50. 30 (a) (1) , are aco11 cable: caracraohs (a). (b)(1)-(3). (c). (d), and (e). 52.17 Contents of aonlications. (a) (1) The application must contain the information required by 10 CFR 50.33(a)-(d) and the first three sentences of 50.34 (a) (1) , and, to the extent accroval of eneraency plans is i souaht under caraaraoh (c) below. the information reauired by
- 50. 3 3 (a) and (i), and 50. 34 (b) (6) (v) . In particular, the application should describe the following:
(i) the number, type, and thermal power level of the facilities for which the site may be used; I (ii) the boundaries of the site; (iii) the proposed general location of each facility on the site;
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(iv) the anticipated maximum levels of radiological and thermal effluents each facility will producer (v) the type of cooling systems, intakes, and outflows that may be associated with each facility; (vi) the seismic, meteorological, hydrologic, and geologic characteristics of the proposed site (see Appendix A to 10 CFR Part 100); (vii) the location and description of any nearby industrial, military. or transportation facilities and routes; and (vity (viii) the existing and projected future population profile of the area' surrounding the site. (2) A complete environmental report as required by 10 CFR 51.45 and 51.50 shall be included in the application, orovided, however, that such environmental report shall be directed at the construction and operation of a reactor, or reactors, at the site which have characteristics that fall within the costulated site parameters, and provided further that the report need not include an assessment of the benefits (for example, need for oower) of the crocosed action, but shall include an evaluation of 31ternative sites to determine whether there is any obvious 1v superior alternative to the site crocosed. (b) The application must either 111 demonstrate Provide _information sufficient to show that the area surrounding the site is amenable to emergency planning j which would provide reasonable assurance that adequate protective measures could be taken in the event of a radiological emergency at the siter; to show that the area surrounding the site is 1
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' I 52.17 9 i l
amenable to adeauate emeraency plannina the application must contain information sufficient to show that, in the event of a radiological eneraency at the site, adeauate orotection measures could be taken, aiven the characteristics of the site and the . 1 probable emeroency olannina zones surrounding the site; such characteristics include, but in earticular cases would not necessarily be limited to, the tococraohv and meteoroloav of the olannina zones; the croiected future population orofile of the olannina zones; land use inside the plannina zones; the Ebelterina capacity and shelterina effectiveness of buildinas in the clume emeraency olannina zone; and notential routes for evacuation out of the clume emeraency plannina zone; or (2) Propose eneroency olannina carameters for review and aooroval by the NRC and the Federal _,Emeroency Manacement Acency; the carameters may include such matters as the exact size and shaoe of the emeroency plannina zones, or the resources recuired for shelterina or evacuation; conformance with these carameters by the emeraency plans submitted by an anolicant for a combined license or an operatino license will be sufficient to show the acceptability of the olans with respect to the issues resolved by the NRC acoroval of the carameters; or (3) Propose complete eneroency plans for review and acoroval by the NRC and the Federal Emercency Manaaement Acency. In accord with the acolicable provisions of 10 CFR 50.47. Under the options set forth in paracraphs (1) and (2) of this subsection. Tihe application must include a description of any contacts and arrangements made with local, state, and federal
.e L 3 +.
y *
- , "' 10- 52.17 1 l governmental agencies with emeraency olannina-responsibilityles.
for-soping-with-energeneses, Under the ootion set forth in. I caracraoh (3) of this subsection, the anolicant shall make nood in.ith efforts to obtain from the same governmental aaencies certifications (i) that the orocomed emeraency clans'are
.)
Practicable. (11) that these aaencies are committed'to.- carticinatina in-any further development of the olans, includina any reuuired field demonstrations, and (iii) that these aaencies i are committed to executina their responsibilities'under the clans i
.in the event of an emeraency. The anolication must contain any certifications that have been obtained. If these certifications cannot be obtained. the anolication_must contain information, includina a utility clan, sufficient to show that the cronosed clans nonetheless orovide reasonable assurance that adeauate protective measures can and will be taken in the event of a ,
radioloalcal emeraency at the site. (c) If the anolicant wishes to be able to'cerform, after orant of the early site permit, the activities at the site allowed by 10 CFR 50.10(e) (1) without first obtainina the seoarate authorization required by that section. Tthe application I must propose, for inclusion in the early site oermit, a plan for
. redress of the site in the event that the such activities-permitted-by ;,-Sere 5 fat are performed and the site permit expires before it is referenced in an application for a construction permit or a combined license issued under Subpart C of this part.
The application must demonstrate that there is reasonable assurance that redress carried out under the plan will achieve an l
;c 11 52.17 - 52.18 self-maintaining environmentally stabler and aesthetically acceptable site suitable for whatever non-nuclear use may conform with local zoning laws in effect at oermit erniration.
_ 52.18 Standards for review of acolications. Applications filed under this subpart will be reviewed j according to the applicable standards set out in 10 CFR Part 50 and its appendices and Part 100 as they apply to applications for construction permits for nuclear power plants. In particular, k the Commission shall prepare an environmental impact statement during review of the application, in accordance with the geolicable provisions of 10 CFR Part 51, orovided. however, that the draft and final environmental impact statements orecared by the Commission shall be' directed to the construction and peeration of a reactor, or reactors, at the site which have characteristics that fall within the costulated site carameters, and orovided further that the statements need not include an assessment of the benefits (for example, need for power) of the ornosed action, but shall include an evaluation of alternative sites to determine whether there is any obviously superior alternative to the site proposed. and-tIhe Commission shall ! determine, after consultation with the Federal Emergency Management Agencyt in-aeeerd-with-the-applicable-pertiens-ef-te l OFR-59r4?fa}{2Fy whether the information required of the ; i applicant by _ 52.17(c)l]1 demonstrates shows that the area 1 surrounding the site is amenable to emergency planning which i l
12 52.18 - 52.19 would provide reasonable assurance that adequate protective measures could be taken in the event of a radiological emergency at the site, whether any emeraency olannina carameters submitted by the acolicant under _ 52.17(c) (2) are sufficient to determine the adecuacy of any cortion of an emeraency nian which conformg to the carameter, and whether any emeraency nians submitted by the applicant under _ 52.17 (c) (3) erovide reasonable assurance that adeauate protective measures can and will be taken in the event of a radiological emeraencv. _ 52.19 Permit and renewal fees. The fees charged for the review of an application for the initial issuance or renewal of an early site permit are these-fer special-predeets7-as-defined-in-10-eFR-i?0rS-and set forth in 10 CFR 170.21, tocether with a schedule for their deferred recovarv. There is no application fee. All-fees-fer-the-review ef-an-application-are-deferred-as-fellowst fat--Ef-an-appliention-is-filed-fer-a-eenstructien-permit-er eembined-license-fer-a-facility-to-be-located-at-a-site-fer-which an-early-site-permit-has-been-issuedy-the-permit-helder-shall-pay the-applicable-fees-for-the-permit-at-the-time-the-facility application-referencing-the-early-site-permit-is-filedr--Efr-at the-end-ef-the-initial-peried-ef-the-permity-ne-facility application-referencing-the-early-site-permit-has-been-decketedy the-permit-helder-shall-pay-any-outstanding-fees-for-the-permstr
L p. 13 52.19 - 52.21 (by--If-the-permit-is-renewedy-the-permit-header-shall-pey any-entstanding-fees-fer-the-renewal-at-the-time-a-facility application-referencing-the-early-site-permit-is-filedr--Efy-at the-end-ef-the-renewal-periedy-ne-facihity-application referencing- the-permit-has-been-filedy-the-permit-helder-shall pay-any-outstanding-fees-fer-the-renewalv feF--If-an-application-for-the-issuanee-er-renewal-ef-an early-site-permit-is-denied-er-withdrawny-any-outstanding-fees asseefated-with-the-review-ef-the-application-are-due-immediately and-payable-by-the-applicant-fer-the-permit-er-renewalv 52.21 Hearinas_,. An early site permit is a partial construction. permit and is therefore subject to all procedural requirements in 10 CFR Part 2 which are applicable to construction permits, including the requirements for docketing in __ 2.101(a) (1)-(4), and the requirements for issuance of a notice of hearing in __ 2.104 (a), (b) (1) (iv) and (v), (b) (2) to the extent it runs parallel to (b) (1) (iv) and (v), and (b) (3), orovided that the desionated sections shall not be construed to recuire that the environmental l report or draft or final environmental impact statement include an assessment of the benefits of the proposed action. In the hearina, the presidina officer chall also determine whether, takinc into consideration the site criteria contained in 10 CFR l Part 100, a reactor. or reactors, havina characteristics that fall within the carameters for the site can be constructed and 1
I ' l? .. H i 14 52.21 - 52.23 - 52.24 - 52.25 onerated without undue risk to tha' health and safety of the oublic. All hearings conducted on applications for early site
- . permits filed under this part are governed by the procedures -
l.. contained in Suboart G of Part 2. _ 52.23 Referral to the ACRS. The Commission shall refer a copy of the application to the
. Advisory Committee on Reactor Safeguards (ACRS). The ACRS shall report on those' portions of-the application which concern reactor safety.
52.24' Issuance of earls site oermit. After conductina a hearina under _ 52.21 of this suboart RDA receivina the report reuuired of the Advisory Committee on Reactor Safeauards by _ 52.23 of this suboart, and upon determining that-an soolication for an early site oermit meets
.the anolicable standards and requirements of the' Atomic Enerav Act and the Commission's regulations, and that notifications, if any, to other aaencies or bodies have been dulv made, the Commission shall issue an early site oermit. in such form and containina such conditions and limitations, as-the Commission damms acoropriate and necesserv.
_ 52.25 Extent of activities permitted.
15 52.25 - 52.27 (a) The holder of an early site permit which contains a site redress clan may perform the activities at the site allowed by 10 CFR 50.10(e)(1) without first obtaining the separate authorization required by that section. (b) If the activities permitted by paragraph (a) of this section are performed at a-given ADE site for which an early site permit hae been oranted, and the permit-is-net-renewed-for-that site-and-net site is not referenced in an application for a construction permit or a combined license issued under Subpart C of this Part yhile the permit remains valid, then the early site-permit shall remains in effect solely for the purpose of site redress, and the holder of the permit must redress the site in accordance with the terms of the site redress plan required by _ 52.17(c). If, before redress is complete, a use not envisaged in the redress plan is found for the site or parts thereof, the holder of the permit shall carry out the redress plan to the greatest extent possible consistent with the alternate use. _ 52.27 Duration of Dermit. (a) Except as orovided in caracraoh !b) of this section. Aan early site permit issued under this subpart is valid for twenty years from the date of issuance. (from 57.29:] (b) (1) An early site permit continues to be valid beyond the date of expiration in any proceeding on a construction permit f application or a combined license application which references
16 52.27 - 52.29 the early site permit and is docketed either before the date of expiration of the early site permit, or, if a timely application for renewal of the permit has been filed, before the Commission l has determined whether to renew the permit. q [also from 52.29, with part removed:] (2) An early site permit also continues to be valid beyond the date of expiration in any proceeding on an operating license application or reauest for operatino authorization which is based on a construction permit or combined license which references the early site permitz and-was-decketed-either-before-the-date-ef expiration-of-the-early-site-permity-ery-if-a-timely-application fer-renewal-ef-the-permit-was-filed 7 -before-the-eemmission determined-whether-to-renew-the-permite Ig1 An applicant for a construction permit or combined license may, at its own risk, reference in its application a site for which an early site permit application has been docketed but not granted. _ 52.29 Aeolication for renewal. (a) Not less than twelve nor more than thirty-six months I prior to the end of the initial twenty-year period, or any later renewal period, the permit holder may apply for a renewal of the permit. An application for renewal must contain all information necessary to bring up to date the information and data contained in the previous application.
52.29 L - 17 (b) Any person whose interests may be affected by renewal of the permit may request a hearing on the application for renewal. The request for a hearing must comply with 10 CFR 'l 2.714. If a hearing is granted, notice of the hearing will be published in accordance with 10 CFR 2.703. (c) An early site permit, either original or renewed, for which a timely application for renewal has been filed, remains in effect until the Commission has determined whether to renew the permit. If the permit is not renewed, it continues to be valid in certain proceedings in accordance with the provisions of _ 52.21(b) of this suboart2 en-an-application-fer-a-eenstruction permit-er-eembined-license-referencing-the-permit-and-decketed before-the-end-ef-the-initial-peried-ef-the-permity-or-a-later renewal-perledr--An-unrenewed-permit-alse-eenkinues-to-be-valid in-proceedings-en-an-application-fer-an-eperating-license-which is-based-en-a-eenstructien-permit-referencing-the-permit-and d ecke te d-p ri e r-t e-e xp i ra t i en-e f- t'he -p e rmit- e r- r enewa a r (d) The Commission shall refer a copy of Tthe application for renewal must-be-ferwarded to the Advisory Committee on Reactor Safeguards (ACRS)72 whieh-shall-review-the-application end-repert-its-findings-and-recommendations-te-the-eemmissient The-AERS-need-not-recensider-issues-en-whieh-it-has-made findings and-recemmendatiens-in-any-earlier-review-ef-the-site-whieh-is the-subject-of-the-applicatient The ACRS shall report on those portions of the anolication which concern reactor safety and shall apolv the criteria set forth in _ 52.31 of this subpart.
l 18 52.31 - 52.33 - 52.35 _ 52.31 Criteria for renewal. (a) The Commission shall grant the renewal if the commission detarmines that the site complies with the Atomic Energy Act and the Commission's regulations and orders aoolicable add in effect at the time of the renewal, and any more stringent requirements the Commission may wish to impose after a determination that there is a substantial increase in overall' protection of the public health and safety or the common defense and security to be derived from the more stringent requirements and that the direct and indirect costs of implementation of those requirements are justified in view of this increased protection. (b) A denial of renewal on this basis does not bar the permit holder or another applicant from filing a new application for the site which proposes changes to the site or the way in which it is used which correct the deficiencies cited in the denial of the renewal. 52.33 Duration of renewal. Each renewal of an early site permit shall be for not less than ten nor more than twenty years. 52.35 Use of site for other purooses. A site for which an early site permit has been issued under this subpart may be used for purposes other than those described
s. 19 52.35 - 52.37 - 52.39 in the permit, including the location of other types of energy facilities. The permit holder shall inform the Director of Nuclear Reactor Regulation of any significant non-nuclear-reactor I activities for which the site is to be used. The information about the achivities must be given to the Director in advance of any actual construction or site modification for the activities. The information orovided could be the basis for imposina more strinaent requirements on the permit. in accordance with the provisions of _ 52.39 of this cart. Ef-the-Birecter-finds-that-a particular-nen-nuelear-use-may-have-a-significant-adverse-effect en-the-suitability-ef-the-site-fer-the-purpeses-described-in-the early-site-permity-the-Birecher-may-issue-an-erder-to-shew-cause why-the-permit-should-net-be-reveked-er-medifiedy _ 52.37 Reporting of defects and noncompliance; revocation, suspension, modification of Dermits for cause. For purposes of Part 21 and 10 CFR 50.100, an early site l permit is a construction permit. i l 52.39 Finality of early site oermit determinations. (a) (1) Notwithstanding any provision in 10 CFR 50.109, during-the-initial-perled-in-whieh-a-pervit-issued-under-this subpart while an early site permit is in effect under 52.27, 52.29(c). of 52.33 of this subpart, the Commission may not impose more stringent requirements, including more stringent emergency
be 20 52.39 planning requirements, on the early site permit or the site for which it was issued, unless the Commission determines finds and declares. on the basis of the documented evaluation reouired by 10 CFR 50.109(a)(4) and described by 10 CFR 50.109(a)(6). either that (i) That Bgignificant new information shows that a modification is necessary to bring the permit or the site into compliance with the Commission's regulations and orders in effect at the time the permit was issued. or where the nernit has been renewed. last renewed; or (ii) That A significant new information shows that a modification is necessary to assure adequate protection of.the public health and safety or the common defense and security. (EF--Similarlyy-notwithstanding-any-previsiens-in-19-OFR 59riO97 -during-any-renewal-persed-in-whieh-an-early-site-permit issued-under-this-subpart-is-in-effeety-the-eemmissien-may-net ; impese-mere-stringent-requirements-including-mere-stringent emergency-planning-requirements 7-en-the-permit-er-the-site-fer whieh-it-was-issued 7 -unless-the-eemmissien-determines-either-that ) (it-Significant-new-information-shews-that-a-medificatien-is necessary-te-bring-the-permit-er-the-site-inte-eempliance-with the-eemmissients-regulations-and-erders-in-effeet-at-the-time-the permit-was-renewedt-er flit-A-medificatien-is-necessary-te-assure-adequate proteetien-of-the-public-health-and-safety-er-the-eemmen-defense and-securityr i
l
'. I 1
1 21 52.39 ) (2) Except as provided in caraaraoh (a) (1) of this subsection. in makino the findinas reouired either for issuance of a construction permit operatina license, or combined license. or for any oreocerational oroceedina, if the acolication for the construction oermit, operatina license, or combined license references an early site oermit, the Commission shall treat as { i resolved those matters resolved in the croceedina on the l application for issuance or renewal of the early site oermit. ; (b) An applicant for a construction permit, operating l license, or combined licenser-er-any-amendment-te-this-type-ef licensey who has filed an application referencing an early site permit issued under this subpart may include in the application a request for a variance from one or more elements of the permit. In determining whether to grant the variance, the Commission 3 shall apolv the same criter ia which it apoiles under 10 CFR 50.12 to reauests for exemptions from the recuiraments of 10 CFR Part 522 be-guided-by-the-eensideratiens-set-ferth-in-10-eFR-50r92y whieh-guide-the-eemmissienAs-determinations-en-applications-for amendments-to-censtructien-permitar A " variance" is an
" amendment" for purposes of Section 189(a) (1) of the Atomic Enerav Act.
l
s. 4
> f' 22 52.41 - 52.43 SUBPART B - STANDARD DESIGN. CERTIFICATIONS
_ 52.41' Scone of suboart. This-subpart sets out the' requirements and' procedures applicable to Commission issuancefo" rules; granting standard
. design certifications for. nuclear power facilitiesr-er-mafer pertiens-thereefy separate from the filing of an application for a construction permit or. combined license for such a facility.
_ 52.43 Relationship to 10 CFR Part 50. Annendices M. N and O. l (a) Appendix M to 10 CFR Part 50 governs the issuance of licenses'to manufacture nuclear power reactors to be installed and' operated at sites not identified in the manufacturing license l application. Appendix N governs-licenses to construct and L operate nuclear power reactors of duplicate design at multiple l i sites.- These appendices may be used independently of-the l 1 provisions in this subpart unless the applicant also wishes to L
. use a certified standard design approved under this subpart.
(b) Appendix o governs the staff review and approval of preliminary pad final standard designs. These-designs-may-be shallenged-l'n-individual-licensing-proceedinger A staff anoroval under Aenendix 0 in no way affects the authority of the Commission or the cresidina officer in any oroceedina under Suboart G of 10 CFR Part 2. This-subpart Subpart B of Part 52 l d-_______-_--___ _ _ _ _ _ _ _ _ _ _
L.
. +. ,
l e
, 23 52.45 governs Commission approval, or certification, of standard !
designs by rulemaking, as set forth in paragraph ' of Appendix 0. Js1 A final design approval under Appendix 0 is a i prerequisite for certification of a standard design under this ' subpart. An application for a final design approval must state
)
whether the applicant intends to seek certification of the design. If the applicant does so intend, the application for the j final design approval must, in addition to containing the , information required by Appendix 0, comply with the applicable requirements of 10-EFR-ehapter-17 Part 52._Subpart B. particularly __ 52.45 and 52.47. 52.45 Filina of aDolications. (a) (1) Any person may seek a standard design certification for an essentially complete nuclear power facilityy-er-a-maier pertien-of-such-a-facilityr plant desica which is an evolutionary chance from licht water reactor desians of olants licensed on or before the effective date of this rule for full power qngration,
- 13) (2) Anv person may also seek a standard desiun certif,1 cation for a nuclear oower olant desian which differs sianiflgantly from the licht water reactor desians described in caracraoh (a) (1) of this section or utilizes simplified.
inherent. Dassive. or other inn vative means to acconolish its safety functions. However under_ _ 52.47(b) of this suboart. certification of a standard desian of the tvoe described in this
- s. .
l I l 24 52.45 i carnaraoh may entail a testina procram which utilizes an acoroorlately sited, full-size, orototvoe nuclear oower clant. Ihl An application for certification may be filed notwithstanding the fact that an application for a construction permit or corbined license for such a facility has not been filed. Applications-fer-eertificatien-ef-less-than-a-eemplete facility-must-meet-the-eriteria-set-ferth-in-paragraph-fdt-ef this-sectient . (EyJc)(1) Because a final design approval under Appendix 0 lof 10 CFR Part 50 is a prerequisite for certification of a standard design, a person which Eh2 seeks such a certification and does not hold, or has not applied for, a final design approval, shall file with the Director of Nuclear Reactor Regulation an application for certification a final desiED accroval and certification. 111 Any person who seeks certification but already holds, or has applied for, a final design approval, also shall file with-the Director of Nuclear Reactor Regulation an application for certification, because the NRC staff may require that the information before the staff in connection with the review for the final design reproval be supplemented for the review for certification. (bFidl The applicant shall must comply with the filing requirements of 10 CFR 50.30(a) (11-(4) . and (6) and 50.30(b) as they would apply to an application for a nuclear power plant construction permit. The followina cortions of _ 50.4. which is referenced by _ 50. 30 (a) (1) , are aoolicable to the extent i L._ _ _ _ _ - - - _ _ _ _ _ _ _ _ _
s.
", 25 52.45 - 52.47 <
1. 1. technically relevant: Daraaraohs (a) ; (b), excent for caracraoh l (6) ; (c); and (e). [52.47 has undergone considerable redrafting. It incorporates much that was in 52.45 in the PR, and material that was in 52.47 in the PR appears below in a different order. The section as a whole now proceeds from requirements all applications must meet to requirements only certain applications must meet. In the text below, I try to indicate where material appeared in the PR.] 52.47 Contents of acclications. (a) The requirements of this subsection acolv to all acolications for desian certification. The (1) An application for desian certification must containi Ill tIhe technical information which is required of applicants for construction permits or operating licenses by 10 CFR Part 20, Part 50 and its appendices, and Parts 73 and 100, and which is technically relevant to the desian and not site-specific,& er-irrelevant-to-the-design-fer-whieh-the applicant-is-seeking-eertificatient--En-particularly-the application-must-demonstrate-eempliance-with-any-applicable pertiens-ef-the-Three-Mile-Island-requirements-set-ferth-in-10-eFR 50r34fftr--The-staff-shall-advise-the-prospective-applicant-fer certification-en-whether-the-infermatien-required-by-the-listed pertiens-ef-10-eFR-ehapter-E-is-appropriate-te-the-staff's
*o ,
26 52.47 eensideratien-of-the-applientiony-and-en-whether-any-additional technical-information-en-the-design-is-requirede [A truncated version of this last sentence appears as the last subsection of this section. The reference to 50.34 (f) reappears as the next item on the list.) . (bt--The-application-must-alse-include fli) Demonstration of conDliance with any technically relevant nortions of the Three Mile Island requirements set forth in 10 CFR 50.34(f). (till) The site parameters postulated for the design, and an analysis and evaluation of the design in terms of such parameters; (Ely) Proposed technical resolutions of the Unnresolved Sgafety Eissues and medium- and high-priority r, generic Sgafety fissues applicable technically relevant to the design; (By) A design-specific probabilistic risk assessment ("PRA"), together with a consideration of any severe accident vulnerabilities that the PRA exposes and a realistic assessment of the degree to which the design is expected to conforms to the Commission's Safety Goals for plant operations; and (4vi) Proposed tests, analysesy inspections, analyses and acceptance criteria which are necessary and sufficient to provide reasonable assurance that, if the tests, inspections and analyses are performed and the acceptance criteria met, a plant which references the design is built and will operated within-the specifications-ef in accordance with the design certificate 2D.
II h 27 52.47 l l (dt--An-application-fer-a-design-eertificatien-must-meet-the fellowing-criteriet (tyli) The application-must-centain interface requirements to be met by those portions of the plant for which the application does not seek certification. These requirements must be sufficiently detailed to allow completion of the final safety analysis and design-specific probabilistic risk assessment required by paragraph fil(by) of this subsection. (2 Vill) The-application-must-demonstrate Justification that compliance with these interface requirements of paraaraoh vil is verifiable through inspection, testing (either in the plant or elsewhere), prevleus-experienesr or analysis. The nethod to be used for verification of interface requirements must be included as cart of the proposed tests, inspections, analyses. and acceptance criteria reauired by paracraoh (1) (vi) of this subsection. eempliance-with-interface-requirements-dealing-with reliability-ef-cempenents-must-be-verifiable-threugh-previens experience-er-testingr (Six) The-application-munt-alse-eentain-a A representative gonceptual design for those portions of the plant for which the a? plication does not seek certificationtr--The-representative d esign-must-illustrate-hew-the-interf ace-requirements-ean-be-met, ) I so-as to aid the staff in its review of the final safety analysis and probabilistic risk assessment required by paragraph 111(by) 1 of this subsection, and to permit assessment of the adecuacy of l
)
the interface requirements called for by paraaraoh (1)(vii) of this subsection. i
L 'a ' 52.47 28 s 121 (This was the 1st parag. of 52.47 in the PR.) The application must contain a level =of' design information equivalent to that required for a final' design approval under Appendix,0 in 10 CFR Part 50. The information submittedffor a design certification must incl'ude performance requirements and design. specifications sufficiently detailed to permit the preparation of procurement specifications and acceptance and inspection requirements. The information must aise be sufficient to enable theLstaff commission to judge the applicant's proposed means of assuring that construction conforms to tha design and to-reach an final conclusion on the results of all research and development and all matters significant safety cuestions associated with'the desian whieh-must-be-decided before the certification can-be in granted. In-partieukary ill (This was part of the first paragraph of 52.47(a) in the.PR.) The staff shall advise the applicant on whether any additional technical information en-the-design bevond that recuired by this section must be submitted is-required. (b) The caracraohs of this subsection acolv accordina to their orovisions, to carticular aoolications: (1) The acclimation for certification of a nuclear nower clant desian which is an evolutionary chance from liaht water reactor desians of clants licensed on or before the effective date of this rule for full cower operation must orovide the complete scope of the desian except for site-specific elements such as the service water intake structure and the ultimate heat sink.
o. 29 52.47 [Subsubsection.(2) and its subparagraphs come from 52.45(c) in the PR.] (2) Unless the criteria in caracraohs (ii-fiv) of this subsection are met, certification of a standard desian which differs sianificantiv from the licht water reactor desians described in caraaraoh (b)(1) of this section or utilizes simo11fied, inherent, cassive, or other innovative means to aggomplish its safety functions will be aranted oniv after , accentable testino of an anoropriately sited, full-size, orototvoe of the desian over a full rance of normal operatina conditions, transient conditions, and specified accident , secuences, includina equilibrium core conditions. Testino of a full-size crototvoe will not be recuired where (1) The performance of each safety feature of the design has been demonstrated through either analysis, aooropriate test procrams, previous experience, or a combination thereof; er full-seale-testingt (ii) Interdependent effects among the safety features of the plant desian have been found acceptable by analysis, appropriate testing procrams, er previous experience, or a l combination thereof; and (iii) Sufficient performance data exist on the-performance of the safety features of the desian plant to assess the analytical tools used for safety analyses over a full range of I normal operating conditions. transient conditions, and specified accident eenditiens secuences, including equilibrium core
s.
~- .. 1 a
30 52.47' conditional. And and-the-response-of-the-safety-features-ever-the 1&fetime-of-the-plante fiv)- The scone of the desian is comolete except for-
. site-soecific elements such as the service water intake structure and the ultimate heat sink. If this criterion is not met, the testina of the erototvoe must demonstrate that the non-certified-portion of the olant cannot sianificantiv affect the safe oDeration of the olant.
The anolication for final desian anoroval of a standard-desian of the tvoe described in this subsection ~must crocose the soecific testina necessary to sunoort certification of the desian, whether the testina be erototvoe testina or the testina Igauired in the alternative by paracraohs (i)-fiv) of this subsection. (The next sentence was 52.45(c)(2) in the PR.)- The Appendix o final design approval of such a design must identify .. the specific testing required for certification of the design. (e).) An application seeking certification of a modular design must describe the various options for the configuration of
.the plant and site, 'ncluding variations in.. or sharina of.
common systems, interface requirements, and system interactions.- The final safety analysis and the probabilistic risk assessment l shouldr-when-necessaryr also take-into account igI differences -l among'the various options,.and-the-analysis-should-set-ferth includina any restrictions which will be necessary during the construction and startup of a given module to ensure the safe operation of any module already on-line operatina. l L~. - _. __ _ l
c. 31 52.49 I J _ 52.49 Fees for design-certification-and-sertificatien-renewal reviews of anolications. _ i The fees charged for the review of an application for the initial issuance or renewal of a standard design certification are set out in 10 CFR Part 170x21, together with a schedule for their phased deferred recoveryt as-the-eertified-standard-design is-referencedr There is no application fee. All-fees-fer-review ef-an-application-shall-be-deferred-as-fellowst I fat--Each-time-an-application-is-filed-fer-a-eenstruction permit-er-combined-license-fer-a-facility-referencing-the-design fer-whieh-a-standard-design-eertificatien-has-been-issued 7-the helder-ef-the-design-eertificatien-shall-pay-the-spee&fied pertien-of-the-applicable-fees-fer-the-approval-at-the-time-the facility-application-referencing-the-eertified-standard-design-is filedr--Ifr-at-the-end-ef-the-initial-perled-ef-the certification 7-ne-facility-application-referencing-the-eertified standard-design-has-been-filed 7-the-helder-ef-the-design certification-shall-pay-any-outstanding-fees-fer-the certificatient (by--If-the-standard-design-certification-is-renewed 7-the helder-ef-the-design-certification-shall-pay-the-specified pertien-of-any-outstanding-fees-fer-the-renewal-each-time-a facility-application-referencing-the-eertified-standard-design-is filedr--If 7 -at-the-end-of-the-renewal-perledy-ne-faellity application-referencing-the-eertified-standard-design-has-been
I s. 32 52.49 - 52.51 filedy-the-helder-of-the-design-eertificatien-shall-pay-any entstanding-fees-for-the-renewaar l fet--If-an-appliention-for-the-issunnee-or-renewal-ef-a certified-standard-design-is-denied-er-withdrawn 7-any-fees associated-with-the-review-ef-the-application-shall-be immediately-due-and-payable-by-the-applicant-for-the-design certification-er-renewaar _ 52.51 Administrative review of avolications. A standard design certification is a rule that will be issued in accordance with the provisions of Subpart H of 10 CFR Part 2. as supplemented by the provisions of this section. The Commission shall initiate the rulemaking after an application has been filed under _ 52.45 fat and shall specify in-detait the procedures to be used for the rulemaking. The rulemaking procedures must provide far notice and comment and an occortunity for an informal hearing before an Atomic Safety and Licensing Board. The procedures for the informal hearing must include the opportunity for written presentations made under oath or affirmation and for oral presentations and questioning if the Board finds them either necessary for the creation of an adequate record or_the most expeditious way to resolve controversies.
]
Ordinarily, the questioning in the informal hearina will be done by members of the Board, using either the Board's questions or questions submitted to the Board by the parties. The Board may ; i also request authority from the Commission to use additional ] j
s, l . 33 52.51 - 52.53 l procedures, such as diseevery direct and cross examination by the l oarties, or may request that the Commission convene a formal adjudication hearina under Suboart G of 10 CFR Part 2 on discrete issues-involving specific and substantial disputes of fact, necessary for the Commission's decision, that cannot be resolved with sufficient accuracy except in formal adjudication hearina. The staff will be a party in the hearing. During the rulemaking, the treatment of proprietary information will be governed by tha same criteria which covern the treatment of oroorietarv information submitted in connection with acolications for construction permits and operatina licenses under 10 CFR Part 50. orovided that the desian certification shall be published in Chapter I cf this Title. 10-eFR-Er990-and-applicable-eemmission case-law. The decision in such a hearing will be based only on information on which all parties have had an opportunity to commenL. 52.53 Referral to the ACRS. The Commission shall forward refer a copy of the application to the Advisory Committee on Reactor Safeguards (ACRS). The ACRS shall review report on those cortions of the application which concern reactor safety and which were not the subject of findinas j
\
and recommendations the ACRS made in any earlier review of the - deslan. and-repert-its-findings-and-recommendations-te-the eemmissient--The-AeRS-need-net-recensider-issues-en-which-it-has made-findings-and-recommendations-in-any-earlier-review-ef-the l
)
l-s. ( ~.. .
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34 52.53 - 52.54 - 52.55 design-whieh-is-the-subject-ef-the-appifeation, The ACRS shall also report on any issue on which there exists new information
'which sianificantiv affects a material conclusion reached by the l ACRS in any earlier review of the desion.
_ 52.54 Issuance of standard desian certification. After conductina a rulemakinc croceedina under _ 52.51-of this part on an anolication for a standard desian certification And receivino the report recuired of the Advisory Committee on Reactor Safeauards by _ 52.53 of this cart. and uoon determining-that the anolication meets the acolicable standards and requirements of the Atomic Enerav Act and the Commission's regulations, the Commission shall issue a standard desian certification for the desian which is the subiect of the acolication. _ 52.55 Duration of certification. (a) Except as provided in paracraoh (b) of this section. A a standard design certification issued pursuant to this subpart is valid for ten years from the date of issuance. (b) A standard desian certification continues to be valid bevond the date of expiration in any proceedina on an anolication for a combined license or operatina license which references the standard desian certification and is docketed either before the date of expiration of the certification, or, if a tinelv
s. J 35 52.55 - 52.57 application for renewal of the certification has been filed, before the commission has determined whether to renew the certification. Ig1 An applicant for a construction p'ermit or combined license may, at its own risk, reference in its application a design for which a design certification application has been docketed but not granted. _ 52.57 ADolication for renewal. (a) Not less than twelve nor more than thirty-six months prior to expiration of the initial ten-year period, or any later renewal period, the holder of the design certification may apply for renewal of the certification. An application for renewal must contain all information necessary to bring up to date the information and data contained in the previous application. The Notice and comment procedures te shall be used for a rulemaking proceeding on the application for renewal-must-he-these-required by---Sav51-fer-rulemakings-en-applications-fer-initial certiffeatien-ef-a-design. The Commission, in its discretion, gav reauire the use of additional nrocedures in individual renewal oroceedinas. (b) A design certification, either original or renewed, for which an timelv application for renewal has been timely filed remains in effect until the commission has determined whether to renew the certification. If the certification is not renewed, it continues to be valid in certain proceedings in accordance with
36 52.57 - 52.59 I the provisions of _ 52.55 of this suboart. en-an-application-fer a-eenstructien-permity-eembined-licenser-er-eperating-license referencing-the-eertified-design-and-decketed-prier-te-expiration ef-the-certification-er-renewalt (c) The Commission shall forward refer a copy of the application for renewal to the Advisory Committee on Reactor Safeguards (ACRS). The-AERB-shall-review-the-application-and repert-its-findings-and-recommendations-te-the-eemmissienr--The AeRS-need-net-recensider-issues-en-whieh-it-has-made-findings-and reeemmendatiens-in-any-earlier-review-ef-the-design-whieh-is-the subject-ef-the-applientient The ACRS shall reoort on those portions of the anolication which concern reactor safety and shall acolv the criteria set forth in _ 52.59 of this subcart. S2.59 Criteria for renewal. (a) The commission shall issue a rule granting the renewal if the design, either as originally certified or as modified during the rulemaking on the renewal, complies with the Atomic Energy Act and the Commission's regulations and-erders in effect at the time of the renewal and technically relevant to the ; desian, and any more stringent safety requirements the Commission may wish to impose after a determination that there is a substantial increase in overall protection of the public health and safety or the common defense and security to be derived from the more stringent requirements and that the direct and indirect 1 l - . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _
i
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37 52.59 - 52.61 - 52.63 costs of implementation of those requirements are justified in view of this increased protection.- (b) Denial of renewal does not bar the holder of the design
. certification or another applicant from filing a new application for certification of the design which proposes design changes which correct the deficiencies cited in the denial of the renewal.
_ 52.61 Duration of renewal. Each renewal,of certification for a standard design will be L for.not less than five nor more than ten years. l _ 52.63 Finality of standard desian certifications. (a) (1) Notwithstanding any provision :Ln 10 CFR 50.109, during-the-initial-peried-in-whieh-a-design-certification-issuedL under-this-Subpart while a standard desian certification is in effect under 52.55, 52.57(b). or 52.61 of this gghggrt, the Commission may'not impose more stringent safety requirements on the certification unless the Commission determines finds and declares in a notice and comment rulemaking, on the basis of the documented evaluation reuuired by 10 CFR 50.109(a)(4) and described by 10 CFR 50.109(a)(6), either that (i) That significant new information shows that a modification is necessary to bring the certification er-the
52.63 38 referencing-plants into compliance with the Commission's regulations and-orders in offect at the time the certification l was issued, or, where the certification has been renewed. last i: l Ignewed; or that 1 (11) That significant new information shows that a modification is necessary to assure adequate protection of the public health and safety or the common defense and security. (Et--Similariyy-notwithstanding-any-previsien-in-le-eFR 50riO97-during-any-renewal-peried-in-whieh-a-design-certification issued-under-this-Subpart-is-in-effeety-the-eemmissien-may-net impose-mere-stringent-safety-requirements-en-the-eertificatien unless-the-eemmissien-determines-in-a-rulemaking-either-that significant-new-information-shows-that-a-medificatien-is necessary-te-bring-the-eertificatien-er-the-referencing-plants inte-eempliance-with-the-eemmissien's-regulattens-and-erders-in effeet-at-the-time-the-eertificatien-was-renewedy-er-that-a modification-is-necessary-te-assure-adequate-pretectien-ef-the public-health-and-safety-er-the-eemmen-defense-and-securityr (92) Any modification the NRC imposes on a design certification rule under paragraphs (a)(1) and-faffet of this section will be applied to all plants referencing the certified design. A modification inoosed to brina a certification into como11ance with the Commission's regulations in effect at a time the certification was renewgd will not be aoolied to olants which referenced the desian before the date of renewal. (3) Except as provided in 10 CFR 2.758 and paracraoh (a) (1) of this section. in makina the findinas recuired for issuance of
s. 39 52.63 a combined license, or for any creoperational proceedina, the Commission shall treat as resolved those matters resolved in
-connection with the issuance or renewal of a desian certification.
(b) The holder of a standard design certification issued under this sgubpart may file a request for an amendment to the design certification by way of notice and comment rulemaking. The Commission shall grant the amendmcnt request if it determines that the amendment will comply with the Atomic Energy Act and the Commission's regulations. The amendment will be applied to all plants referencing.the design only if the amendment is necessary fer-adequate-proteetien-ef-the-public-health-and-safety-er-the commen-defense-and-security under either of the standards in caracraohs (a) (1) (1) and (ii) of this section. Any other amendment will apply only to plants for which a later anolication referencing the design is filed after the amendment is granted. (c) An applicant for a construction permit, operating license, or combined license, or a licensee whose license references a certified standard design certification issued under this subpart, may request an exemption from one or more elements of the design certification. The Commission shall grant such a request if it determines that the exemption will comply with the Atomic Energy Act, the Commission's regulations, and the requirements of 10 CFR 50.12(a). AD Egxemptions applylag only to the license for licences) for which the exemption was requested. (d). yotwithstandino any orovision in 10 CFR 50.109, the Commission will not impose more strinaent safety requirements on I w___ _ __ _ _
- s. ,
40 52.63 a clant referencing a standard desian certification except in accordance with the orovisions of oaraaraohs (a) of this section. (da)- The licensee of a plant built according to a standardized design may make a change to the standardized portion of the plant, without prior commission approval, only if the change does not involve changes to the design as described in the rule certifying the design, or in the certifying rule together with any exemption which may have been granted the licensee under _ 52.63(c). l l
s.- , l $ ' 41 52.71 - 52.73 - 52.75 SUBPART C - COMBINED LICENSES _ 52.71 Scone of subpart. This subpart sets out the requirements and procedures applicable to Commission istuance of combined construction permits-and-conditional-eperating licenses fueembined-licenses p u for nuclear power facilities. _ 52.73 Relationship to Subparts A and B. An application for a combined license under this subpart may, but need not, reference a standard design certification issued under Subpart B of this part or an early site permit . I issued under Subpart A of this part, or both. l _ 52.75 Filina of applications. l J Any person except one excluded by 10 CFR 50.38 may file an ! application for a combined license for a nuclear power facility with the Director of Nuclear Reactor Regulation. The applicant shall comply with the filing requirements of 10 CFR 50.4 and 50.30(a) and (b). except for caraaraph (b)(6). as they would apply to an application for a nuclear power plant construction permit. The fees associated with the filing and revicw of the application are set out in 10 CFR Part 170. [The rest of this section now appears in 52.79(a).] 1
[: s. I $ ' 42 52.77 - 52.79 52.77 Contents of soolications; ceneral information. l _
.The application shall contain all of the information required by 10 CFR 50.33. as that section would acolv to an aoolicant for a construction permit or an onoratina license, and 10 CFR 50.33at as these that sections would apply to an applicant for a nuclear power plant construction permit. In particulcr, the applicant shall comply with the requirement of _ 50.33a(b) regarding the submission of antitrust information.
52.79 Contents of anolications; technical information. ten)111 In aeneral. Elf the application references an early site permit, the application must-demonstrate-the-suitability-ef the-site-for-the-design-and-must-discuss need not contain such information or analyses as have been submitted to the Commission in connection with the early site permit'. but shall contain, in addition to the information and analyses otherwise recuired, information sufficient to demonstrate that the desian of the facility falls within the parameters soecified in the early site permit, and to resolve any other significant environmental issue not considered in any previous proceeding on the site or the design. 111 [The next two sentences are from 52.75 of the proposed rule:) If the aoolication does not reference an early site permit. Tihe applicant shall somolv with the requirements of 10 CFR 50. 30 f f) by includeine with the aoolication an environmental l
o. 43 52.79 i report creoared in accordance with the orovisions of Suboart A of h 10 CFR Part 51. with-the-application-if-it-dees-net-reference-an early-site-permitr If the aoolication references an early site permit the anolication shall include information which demonstrates that the site remains within the costulated sito carameters of the vermit, 111 If the application does not reference an early site permit which contains a site redress clan as described in _ 52.17(c) of this cart, and if the applicant wishes to be able to perform the activities at the site allpygd by 30 CFR 50.1Q(e)(1). then the application shall contain the information requ.4. red by 52,17(c) of this partz en-redress-of-the-site-in-the-event that-the-activities-permitted-by---5Er9& fat-ef-this-subpart-are performede (ah) The application must contain the technically relevant information reauired of applicants for an opera (ina license final safety-analysis-repert-required by 10 CFR 50.34(b)-fo). The final safety analysis report and other reauired information may incorporate by reference the final safety analysis report for a certified standard design 2 7-but-must-be-supplemented-te includer-as-approprinter-the-information-required-ef-applicants fer-eperating-licenses-by-10-PFR-Part-Ser In particular, an application referencing a certified design must describe those portions of the design which are site-specific, such as the service water intake structure er and the ultimate heat sink. An application referencing a cortified design must also demonstrate compliarce with the interface requirements established for the
l m
;t. E #_%e;
- 44 52.79 lQ Nik design under 52.47(du)111 of this part. If'the application.
does not reference a c:artified design, the application must comply with' the . requirements of _ 52.47 (a) (2) of this part'for level of design information, and shall contain the. technical information required by __. 52.47 (a) (1) (1) . (11). (iv). and (v). and (4), 59ref(htfEF-and-fSty and, if the design is modular,
~ 52. 47 (eh)121 The-application-must-alse-include-proposed technical-specifications-prepared-in-aeeerdance-with-the requirements-of-10-eFR-Part-59r
.(bs) The application ' for a combined license must include the -
proposed inspections, tests, and analyses which the licensee; shall perform and the acceptance criteria therefor which will provide reasonable assurance that the facility has been
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constructed and will operate in conformity with the application, the' provisions of the Atomic Energy Act, and the Commission's regulations.- Where the anolication references a certified standard desian, the test, inspections. analyses and accentance criteria contained in the certified desian shall acolv to those nortions of the facility desian which are covered by the desian certification. (d) The application must contain emergency plans which provide reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency at the site. (1) If the anolication references an early site Dern.it. the anolication'may incorocrate by reference emeraency olans anoroved in connection with the issuance of the permit. i
s. [ . 45 S2.79 - 52.81 (2) If the acolication does not reference an early site par 31t2_gr if no emeraency plans were approved in connection with the issuance of the oermit. fit--Rthe applicant shall make good faith efforts to obtain certifications by frga the resper,sible local and State governmental agencies with emeraency olannine responsibilities thatt (i) that ?the proposed emergency plans are practicable (ii) that ?these agencies are committed to participating in any further development of the plans, including any required field demonstrations and (iii) that Tihese agencies are committed to executing their responsibilities under the plans in the event of an emergency. (E?f The application must contain any certifications that have been obtained. If these certifications cannot be obtained, the application must gontain information. includina a utility olan. sufficient to show demonstrate that the proposed plans nonetheless provide reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency at the site. J3) If the acolication references an early site permit which contains emercency olannina parameters. the parameters shall acolv. 52.81 Standards for review of anolicationst Applications filed under this subpart will be reviewed according tor-as-appropriate the pertinent standards set out in 10 CFR Part 50 and its appendices and Part 100 as they apply to - - - _ _ _ - _ _ _ _ _ - - _ _ - _ b
l 46 52.81 - 52.83 - 52.85 I l applications for construction permits and operating licenses for nuclear power plants, and as those standards are technically ( relevant to the desian proposed for the facility.. i _ 52.83 Aeolicability of Part.50 Provisions. Unless otherwise specifically provided in this subpart, all provisions of 10 CFR Part 50 and its appendices and Part 100 applicable to holders of construction permits for nuclear power reactors also apply to holders of combined licenses issued under this subpart. Similarly, all provisions of 10 CFR Part 50 and its appendices applicable to holders of operating licenses also apply to holders of combined licenses issued under this subpart who have received writtsn authorization for full-power operation under _ 52.103 of this sgboart. provided that, as anolied to a pjabined licensc. 10 CFF_5LJ1 shall recuire that the durgtion of the license shall not exceed 40 years _from the date of authorization for full-power operation under _ 52.103 of this suboart. However, any limitations contained in Part 50 regarding applicability of the provisions to certain classes of facilities continue to apply. _ 52.85 Administrative review of anolications. A proceedina on a combined license is subject to all ; applicable procedural requirements contained in 10 CFR Part 2, including the requirements for docketing (_ 2.101) and issuance of
- s. ,
47 52.85 - 52.87 - 52.89 a notice of hearing (_ 2.104). All hearings on combined licenses are governed by the procedures contained in Part 2. Suboart E. 52.87 Referral to the ACRS. The Commission shall ferward refer a copy of the application to the Advisory Committee on Reactor Safeguards (ACRS). The ACRS shall review report on those nortions of the application which' concern reactor safety and shall acolv the criteria set' forth in _ 52.81 of this subeart. in accordance with the finality orovisions of thig_of this cart. and-repert-its-findings-and reeemmendatiens-te-the-eemmissienr--The-AeRS-need-net-recensider issues-en-whieh-it-has-made-findings-and-recommendations-in-any earlier-review-of-bhe-site-er-the-design-whieh-is-the-subject-ef the-applicatient _ 52.89 Environmerdal review & If the application references an early site permit er-a certified-standard-design, the environmental review must focus on whether the desian of the facility falls within ^.he carameters ERggj fied in the early site oermit the-suitability-ef-the-site for-the-design ar.d any other significant rywirsnmental issue not considered in any previous proceeding on the site or the design. l The-results-ef-this-limited-review-must-be-presented-at-the hearing-en-the-applicatient--Heweverr-the-eemmissien-may-net modify-any-final-determination-en-an-issue-that-has-been eensidered-and-decided-in-any-emrlier-preceeding-en-the l
J
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l
. 48 52.89 - 52.91 i
i referenced-site-or-designy-except-as-provided-in----5ErS9-and 1 S e r 69 -r eg a rd ing - finality-e f-e a rity-s it e-pe rmit-det e rmin at i ens-and l finality-ef-standard-design-certifications 7-respectively If the I application does not reference an early site permit er-a j eertified-standard-design, all of the environmental review procedures set out in 10 CFR Part 51 shall be followed, including the issuance of a final environmental impact statement. 52.91 Authorization to conduct site activities. (a)111 If the applicantien-references L11dn an early site permit which contains a site redress clan as described in _ 52.17(c) of this part, the applicant is authorized by _ 52.25 of this cart to may perform the site preparation activities autherited-in---5ErES described in 10 CFR 50.10(e) (1) . efter-the application-fer-a-eembined-license-has-been-decketedt (2) If the aonlication does not reference an early site permit which cantgins such a redress clan, the acclicant may not oerform the site orgparation activities allowed by _ 50.10(e)(1) without first submittina a_pite rpdress clan in accord with _ 52.79 (a) (3) of this subpart EDQ_obtainina tne separate authorization recuired bv _ 50,10(e) (1) . Such authorizati QD l shall be aranted_oniv after the presidina officer in the proceedina on the aoolication has made the findinas and determination recuired by _ 50.10(e)(2) and has determined that the site redress clan meets the criteria in 52.17 (c) of this I part. Otherwiser-the-applicant-shall-request-autherientien-te
49 52.91 - 52. 3 conduet-site-preparation-activities-pursuant-to-le-eFR serieferfly-and-fey, , JJ1 In-either-easer-authorization to conduct the activities described in 10 CFR 50.10(e) (3) (i) may be granted only after the presiding officer in the combined license proceeding makes the (1dditional finding required by 10 CFR 50.10(e) (3) (ii) . (b) If, after an applicant for a combined license has performed the activities-permitted by paragraph-fat-ef-this section _ 50.10(e) (1), the application for the license is withdrawn or denied, and-the-early-site-permit-referenced-by-the application-expires-er-the-helder-ef-the-early-site-permit-se requests 7 then the applicant shall redress the site in accord with the terms of the site redress plan required by _ 52.t922(bd). If, before redress is complete, a nse not envisaged in the redress plan is found for the site or parts thereof, the applicant shall carry out the redress plan to the greatest extent possible consistent with the alternate use. _ 52.93 Exei.mtions and variances. (a) Applicants for a combined license under this subpart, or any emendment to a combined license, may include in the application a request, under 10 CFR 50.12, for an exemption from one or more of the Commission's regulations, including any part of a design certification rule. The commission shall grant such a request if it determines that the exemption will comply with (
A. , 50 52.93 - 52.97 i
)
I the Atomic Energy Act, the Commission's regulations, and the requirements of 10 CFR 50.12(a) . (b) An applicant for a combined license, or any amendment I to a combined license, who has filed an application referencing l an early site permit issued under this subpart may include in the application a request for a variance from one or more elements of the permit. In determining whether to grant the variance, the r Commission shall acolv the same criteria which it aoulies undag 10 CFR 50.12 to reauests for exemotions from the requirements of 10 CFR Part 50. will-be-guided-by-the-eensiderations-set-ferth in-10-EFR-50r927 -whieh-guide-the-eemmissiends-deterrinatiens-en applications-fer-amendments-to-censtructien-permitse _ 52.97 Issuance of combined licenses. (a) The Commission may shall issue a combined license for a nuclear power facility upon finding that the applicable requirements of __ 50.40, 50.42, 50.43, 50.47, and 50.50 have been met, and that there is reasonable assurance that the facility will be constructed and operated in conformity with the license, the provisions of the Atomic Energy Act, and the Commission's regulations. (b) The Commission shall identify in the license the inspectionar tests, inspections and analyses that the licensee shall perform and the acceptance criteria therefor which Arg necessary and sufficient to provide reasonable assurance that, if the tests. inspections. and analyses are performed and the mm__----_--_----. - - - - - - -
i.
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51 52.97 - 52.99 - 52.101 .
)
i 1 accentance criteria net. the facility has been constructed and- 1 will be operated in conformity with the license, the provisions of the Atomic Energy Act, and the Commission's regulations. i _ 52.99 Insoection durina construction. m After issuance of a combined license, the Commission shall assure through that the reuuired inspections, tests, and analyses have been performed and that eenstrue'elen-ef-the-facility-is eempleted-in-cenfermity-with-the-eembined-licenser-the-provisions ef-the-Atomie-Energy-Aety-and-the-eemmissien's-regulationer thg orescribed accentance criteria have been met. The-eemmission shall-apply-te-helders-of-combined-licenses-the-same-inspection program-applied-te-helders-ef-nuetear-power-plant-construction permitsr Holders of combined licenses shall comply with the provisions of __ 50.70 and 50.71. _ 52.101 Pre-operational antitrust rr. view. l If. before Prier-te-eenversien-ef authorization of operation under a combined license te-an-eperating-licenser the Commissions after consultation with the Attorney General. NRe-staff-shall eenduet-an-antitrust-review-pursuant-te---5974Efby-te determir.L4 whether that significant changes in the licensee's activities or proposed activities have occurred subsequent to the previous review by the Attorney General and the commission in connection with the issuance of the combined license r--if-the-eemmissien
- e. - 1 6
4 l 52 52.101 - 52.103 determines-that-significant-changes-have-eeeurredy the antitrust review required by section 105c(1) of the Atomic Energy Act must l be completed prior to eemmencement-ef-commercial-eperatien-of-the - facilityr issuance of an oceratina license. Upon completion of j this review, and following receipt of the advice of the Attorney General, the Director of Nuclear Reactor Regulation may impose any additional license conditions needed-te-aveid-ereating-er maintaining-a-situatien-ineensistent-with-the-antitrust-laws-as specified-in as authorized by section 105a2 of the Atomic Energy Act. 52.103 Authorization to operate under a combined license. (a) Befere-the-facility-may-eperater-the-helder-ef-the combined-license-must-apply-fer-autherientien-ef-eperatien-under the-eembined-licenser--Ef-the-eembined-license-is-for-a-medular design 7-each-module-is-the-subject-ef-a-separate-autherientient [The 2nd crossed-out sentence reappears below.) l (1) Not less than 180 days before the date on which the holder of a combined license expects to commence operation. the holder shall, in writina. notify the Commission of the crocosed I date on which operation is expected to commence, reauest authorization to operate, and file any addition information needed to show that the acceptance criteria contained in the combined license have been met. Upon receipt of the notice and l request. Tthe Commission shall publish a notice of the proposed I' Within L authorization in the Federal Register under 10 CFR 2.105. l - _ . - - - - - - _
c: , 4 1
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53 52.103 90-daysy-any-persen-whose-interests-may-be-affected-may-request-a hearing-en-the-basis-either
-----{it-that-there-has-been-a-neneenformance-with-the-licenser the-licensee's-written-eemmitmentar-the-Atomie-Energy-Aety-er-the eemmis sients-regulations-and-e rde rs 7-whf eh-ham-net-been-eerrected and-whieh-could-materially-and-adversely-affeet-the-safe operatien-of-the-facilityt-er
-----f E F-that-significant-new-inf ormation-shows- that-seme ,
modification-te-the-site-er-the-design-is-necessary-to-assure adequate-pretectien-ef-public-health-and-safety-er-the-eemmen defense-and-securityr--The-petitioner-shall-set-ferth-with reasonable-speciffeity-the-facts-and-arguments-whieh-ferm-the basis-for-the-requestr The notice shall state that within 60 days any persons whose interests may be affected may show cood cause to the Commission in writina why operation under the combined license must be modified or orevented and may reauest a hearina. For ourposes of this section, cood cause means NRC inspection reports or other official NRC documents documents orecared by or for the combined license holder, or evidence admissible in a croceedina under Suboart G of Part 2, which show orina facie that fi) acceptance criteria cresented in the combined license have not been met, or (ii) as a result of sinalficant new information. the terms of the combined license must be modified to reasonably assure compliance with the Commission's regulations or to orovide adeauate orotection to the public health and safety or the common defense and securitv.
we
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54 52.103 (2) If cood cause is shown2 and is undiscuted. then operation under the combined license shall be modified or orevented, as anoropriate. If cood cause is shown, and the combined license holder or the NRC staff notify the Commission within 30 days after service of the aood cause cetition that, for soecific reasons, in their opinion operation should not be orevented or modified as reauested, then and oniv then will gpecific issues in dispute be set for hearina, orior to commencent of operation in accordance with Suboart G of 10 C.F.R Part 2. except that matters coverd by 5 U.S.C. 554 (a) (3) may be reviewed by the Commission soleiv on the basis of the chowina of aood cause and any resoonsive cleadinas. (b) If-a-hearing-is-net-requested 7 -er-if-all-requests-are denied 7 -the-eemmissien-may-autheriee-operatien-under-the-eembined licenser-as-previded-in---Ser56 7 -upen-making-the-findings-in
--Ser59r Before authorizing coeration under the combined license. the Commission shall determine, on the basis of the tests, inspections, analyses and acceptance criteria set forth in the combined license. either as oriainally issued or as modified in any hearina held on the reauest for authorization to operate, that the facility has been constructed and will operate in conformity with_the combined license. the Atomic Enerav Act, and l the Commission's regulations and orders.
(c) If the combined license is for a modular desian, each reactor module shall be the subiect of a separate determination. _ _ _ - _ - _ _ _ - _ _ - - -}}