ML22074A148

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Federal Register Notice - Advanced Reactor Content of Application Project Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste, Draft Interim Staff Guidance
ML22074A148
Person / Time
Issue date: 05/22/2023
From: Steven Lynch
NRC/NRR/DANU/UARP
To:
Joseph Sebrosky, 301-415-1132
Shared Package
ML22048A520 List:
References
05252023, 88 FR 33930, NRC-2022-0076, DANU-ISG-2022-03
Download: ML22074A148 (8)


Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[NRC-2022-0076]

Draft Interim Staff Guidance: Advanced Reactor Content of Appl ication Project

Chapter 9, Control of Routine Plant Radioactive Effluents, Pla nt Contamination

and Solid Waste

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft guidance; request for comment.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is soliciting pu blic

comment on its draft Interim Staff Guidance (ISG) DANU-ISG-2022 -03, Chapter 9,

Control of Routine Plant Radioactive Effluents, Plant Contamin ation and Solid Waste.

The purpose of this proposed ISG is to provide guidance to assi st the NRC staff in

determining whether an application for a non-light water reacto r (non-LWR) design that

uses the Licensing Modernization Project (LMP) process meets th e minimum

requirements for construction permits, operating licenses, comb ined licenses,

manufacturing licenses, standard design approval, or design cer tifications.

DATES: Submit comments by July 10, 2023. Comments received after th is date will be

considered if it is practical to do so, but the Commission is a ble to ensure consideration

only for comments received on or before this date.

ADDRESSES: You may submit comments by any of the following methods; howe ver,

the NRC encourages electronic comment submission through the Federal rulemaking

website.

for Docket ID NRC-2022-0076. Address questions about Docket IDs in Regulations.gov

to Stacy Schumann; telephone: 301-415-0624; email: Stacy.Schu mann@nrc.gov. For technical questions, contact the individual listed in the For Further Information Contact

section of this document.

  • Mail comments to: Office of Administration, Mail Stop: TWFN-7-A60M,

U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program

Management, Announcements and Editing Staff.

For additional direction on obtaining information and submittin g comments, see

Obtaining Information and Submitting Comments in the SUPPLEME NTARY

INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Michael Orenak, Office of Nuclear

Reactor Regulation, U.S. Nuclear Regulatory Commission, Washing ton, DC 20555-

0001, telephone: 301-415-3229, email: Michael.Orenak@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2022-0076 when contacting the NRC about the

availability of information for this action. You may obtain pu blicly available information

related to this action by any of the following methods:

search for Docket ID NRC-2022-0076.

  • NRCs Agencywide Documents Access and Management System

(ADAMS): You may obtain publicly available documents online in the ADA MS Public

Documents collection at https://www.nrc.gov/reading-rm/adams.ht ml. To begin the

search, select Begin Web-based ADAMS Search. For problems wi th ADAMS, please

contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209,

301-415-4737, or by email to PDR.Resource@nrc.gov. For the con venience of the

2 reader, instructions about obtaining materials referenced in th is document are provided

in the Availability of Documents section.

  • NRCs PDR: You may examine and purchase copies of public documents,

by appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555

Rockville Pike, Rockville, Maryland 20852. To make an appointm ent to visit the PDR,

please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-

4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday throu gh Friday, except

Federal holidays.

B. Submitting Comments

The NRC encourages electronic comment submission through the Federal

rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-

2022-0076 in your comment submission.

The NRC cautions you not to include identifying or contact info rmation that you

do not want to be publicly disclosed in your comment submission. The NRC will post all

comment submissions at https://www.regulations.gov as well as e nter the comment

submissions into ADAMS. The NRC does not routinely edit commen t submissions to

remove identifying or contact information.

If you are requesting or aggregating comments from other person s for

submission to the NRC, then you should inform those persons not to include identifying

or contact information that they do not want to be publicly dis closed in their comment

submission. Your request should state that the NRC does not routinely edit comment

submissions to remove such information before making the commen t submissions

available to the public or entering the comment into ADAMS.

3 II. Background

The NRC anticipates the submission of advanced power-reactor ap plications

within the next few years based on preapplication engagement in itiated by several

prospective applicants. Because many of these designs are non-LWRs, the NRC is

developing technology-inclusive, risk-informed, performance-bas ed guidance to support

the development and review of these non-LWR applications. The proposed guidance

will facilitate the development and review of non-LWR applicati ons for construction

permits or operating licenses under part 50 of title 10 of the Code of Federal Regulations

(10 CFR), Domestic Licensing of Production and Utilization Fac ilities, or combined

licenses, manufacturing licenses, standard design approval, or design certifications

under 10 CFR part 52, Licenses, Certifications, and Approvals for Nuclear Power

Plants. The NRC is developing a rule to amend 10 CFR parts 50 and 52

(RIN 3150-Al66). The NRC staff notes this proposed ISG may nee d to be updated to

conform to changes to 10 CFR parts 50 and 52, if any, adopted t hrough that rulemaking.

Further, as of the date of this draft ISG, the NRC is developin g an optional performance-

based, technology-inclusive regulatory framework for licensing nuclear power plants

designated as 10 CFR part 53, Licensing and Regulation of Adva nced Nuclear

Reactors, (RIN 3150-AK31). The NRC intends to revise this pro posed guidance as a

part of the ongoing rulemaking for 10 CFR part 53.

To standardize the development of content of a non-LWR applicat ion, the staff

focused on two activities: the Advanced Reactor Content of App lication Project

(ARCAP) and the Technology-Inclusive Content of Application Pro ject (TICAP). The

ARCAP is an NRC-led activity that is intended to result in guidance for a complete

non-LWR application for review under 10 CFR part 50 or 10 CFR p art 52, and which the

staff would update, as appropriate, pending the issuance of the 10 CFR part 50 and

4 10 CFR part 52 rulemaking as previously mentioned in this notic e, or if the Commission

issues a final 10 CFR part 53 rule. As a result, the ARCAP is broad and encompasses

several industry-led and NRC-led guidance document development activities aimed at

facilitating a consistent approach to the development of applic ation documents.

The TICAP is an industry-led activity that is focused on provid ing guidance on the

appropriate scope and depth of information related to the speci fic portions of the safety

analysis report that describe the fundamental safety functions of the design and

document the safety analysis of the facility using the LMP-base d approach. The

LMP-based approach is described in Regulatory Guide (RG) 1.233, Guidance for a

Technology-Inclusive, Risk-Informed, and Performance-Based Meth odology to Inform

the Licensing Basis and Content of Applications for Licenses, C ertifications, and

Approvals for Non-Light-Water Reactors, (ADAMS Accession No. M L20091L698).

The ARCAP draft ISG titled Review of Risk-Informed, Technology Inclusive

Advanced Reactor Applications - R oadmap (ARCAP Roadmap ISG) provides a general

overview of the information that should be included in a non-LW R application. The

ARCAP roadmap ISG also provides a review roadmap for the NRC st aff with the

principal purpose of ensuring consistency, quality and uniformi ty of NRC staff reviews.

The ARCAP Roadmap ISG includes references to eight other ARCAP draft ISGs and a

TICAP draft regulatory guide (DG) that are the subject of separ ate Federal Register

notices (FRNs) requesting comment on these guidance documents. Information

regarding the eight other ARCAP draft ISGs and the TICAP DG can be found in the

Availability of Documents section of this FRN.

III. Request for Comment

The ARCAP draft ISG titled, Chapter 9, Control of Routine Pla nt Radioactive

Effluents, Plant Contamination and Solid Waste, that is the s ubject of this FRN for

5 which the staff is seeking comment, was developed because the c urrent application and

review guidance related to control of routine plant radioactive effluents, plant

contamination, and solid waste is directly applicable only to l ight water reactors and may

not fully (or efficiently) identify the information to be inclu ded in a technology-inclusive,

risk-informed, and performance-based application or provide a r eview approach for such

an application. The Chapter 9 draft ISG also refers to several NRC-issued, approved, or

endorsed documents and the NRC is requesting comment on this pr oposed ISGs use of

those documents.

Additionally, the staff is issuing for public comment a draft r egulatory analysis.

The staff developed a regulatory analysis to assess the value o f issuing or revising a

regulatory guide as well as alternative courses of action. The development of both

application guidance and staff review guidance is warranted. I f finalized, this ISG will

serve as the non-LWR application and review guidance for contro l of routine plant

radioactive effluents, plant contamination and solid waste.

IV. Availability of Documents

The table in this notice provides the document description, ADA MS accession

number, and, if appropriate, the docket identification number r eferencing the request for

public comment on supporting documents associated with the docu ment that is the

subject of this FRN.

Document Description ADAMS Regulations.gov Accession No. Docket ID No.

Draft Interim Staff Guidance DANU-ISG-2022-ML22048B546 NRC-2022-0074 01 Advanced Reactor Content of Application Project, Review of Risk-Informed, Technology Inclusive Advanced Reactor Applications -

Roadmap.

Draft Interim Staff Guidance DANU-ISG-2022-ML22048B541 NRC-2022-0075 02, Advanced Reactor Content of Application Project Chapter 2, Site Information.

6 Draft Interim Staff Guidance DANU-ISG-2022-ML22048B543 NRC-2022-0076 03, Advanced Reactor Content of Application Project Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste.

Draft Interim Staff Guidance DANU-ISG-2022-ML22048B544 NRC-2022-0077 04, Advanced Reactor Content of Application Project Chapter 10, Control of Occupational Dose.

Draft Interim Staff Guidance DANU-ISG-2022-ML22048B542 NRC-2022-0078 05, Advanced Reactor Content of Application Project Chapter 11, Organization and Human-System Considerations.

Draft Interim Staff Guidance DANU-ISG-2022-ML22048B545 NRC-2022-0079 06, Advanced Reactor Content of Application Project Chapter 12, Post-Construction Inspection, Testing, and Analysis Program.

Draft Interim Staff Guidance DANU-ISG-2022-ML22048B549 NRC-2022-0080 07, Advanced Reactor Content of Application Project, Risk-informed Inservice Inspection/Inservice Testing.

Draft Interim Staff Guidance DANU-ISG-2022-ML22048B548 NRC-2022-0081 08, Advanced Reactor Content of Application Project, Risk-Informed Technical Specifications.

Draft Interim Staff Guidance DANU-ISG-2022-ML22048B547 NRC-2022-0082 09, Advanced Reactor Content of Application Project, Risk-informed Performance-based Fire Protection Program (for Operations).

DG-1404, Guidance for a Technology-Inclusive ML22076A003 NRC-2022-0073 Content of Application Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light-Water Reactors.

Regulatory Analysis for ARCAP ISGs ML23093A099 NRC-2022-0074

V. Backfitting, Forward Fitting, and Issue Finality

DANU-ISG-2022-03, if finalized, would not constitute backfittin g as defined in

10 CFR 50.109, Backfitting, and as described in Management Di rective (MD) 8.4,

Management of Backfitting, Forward Fitting, Issue Finality, an d Information Requests;

constitute forward fitting as that term is defined and describe d in MD 8.4; or affect the

issue finality of any approval issued under 10 CFR part 52. Th e guidance would not

7 apply to any current licensees or applicants or existing or req uested approvals under

10 CFR part 52, and therefore its issuance cannot be a backfit or forward fit or affect

issue finality. Further, as explained in DANU-ISG-2022-03, app licants and licensees

would not be required to comply with the positions set forth in DANU-ISG-2022-03.

Dated: May 22, 2023.

For the Nuclear Regulatory Commission.

/RA/

Steven T. Lynch, Chief, Advanced Reactor Policy Branch, Division of Advanced Reactors and Non-Power Production and Utilization Facilities, Office of Nuclear Reactor Regulation.

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