ML23090A194
| ML23090A194 | |
| Person / Time | |
|---|---|
| Site: | 99902078 |
| Issue date: | 04/03/2023 |
| From: | Getachew Tesfaye NRC/NRR/DNRL/NRLB |
| To: | Michael Dudek NRC/NRR/DNRL/NRLB |
| References | |
| Download: ML23090A194 (4) | |
Text
April 03, 2023 MEMORANDUM TO:
Michael I. Dudek, Chief New Reactor Licensing Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation FROM:
Getachew Tesfaye, Senior Project Manager /RA/
New Reactor Licensing Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation
SUBJECT:
SUMMARY
OF THE FEBRUARY 2, 2023, OBSERVATION PUBLIC MEETING WITH NUSCALE POWER, LLC REQUEST FOR TITLE 10 CODE OF FEDERAL REGULATIONS 50.55a CODE ALTERNATIVE TO IMPLEMENT AMERICAN SOCIETY OF MECHANICAL ENGINEERS CODE CASE N-883 The U.S. Nuclear Regulatory Commission (NRC) held an observation public meeting on February 2, 2023, to discuss the NuScale Power, LLC (NuScale) submittal of a request for authorization to implement an alternative to certain provisions of American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (BPVC),Section III. The NuScale request was made on December 14, 2022, and can be accessed in the NRCs Agencywide Documents Access and Management Systems (ADAMS) Accession No. ML22348A266. Pursuant to Title 10 Code of Federal Regulations (10 CFR) 50.55a, certain systems and components of boiling and pressurized-water-cooled nuclear power reactors must meet the requirements of the ASME BPVC. In its request, NuScale stated that various provisions of ASME Section III effectively preclude NuScale from constructing ASME Code items prior to the docketing of a construction permit or combined license application. NuScale further stated that early construction of Code items (which includes certain design activities) is essential for NuScale to produce and deliver its highly standardized, small modular reactor design in accordance with customer needs. NuScale states that recent ASME Code Case N-883 would have resolved this impediment to NuScale beginning Code construction activities. However, while NRC staff endorsed N-883, the accompanying conditions prohibit NuScale from using it.
The public meeting notice dated February 2, 2023, was posted on the NRC public website, and can be found under ML23025A266. The enclosure to this summary provides a list of the meeting participants.
CONTACT: Getachew Tesfaye, NRR/DNRL 301-415-8013
As a general remark, the staff commented on the importance of a pre-submittal engagement for such request which would have been helpful for both the staff and NuScale to understand and agree on the appropriate regulatory process. As it is, the staff is struggling to determine if it received this request under the correct regulation (10 CFR 50.55a(z)), since NuScale was not an applicant at the time of the request.
NuScale responded that under the regulations, they are still considered an applicant for design certification even after the design certification is issued. At the time of the request, NuScale has also begun submitting its application for standard design approval of the NuScale US460 standard plant design. As such, NuScale is an applicant subject to the required codes and standards of 10 CFR 50.55a and eligible to seek a Code alternative pursuant to 10 CFR 50.55(z).
The staff asked if NuScale has explored other options for this request. NuScale responded that they have not since they did not see any problem with the approach they took. NuScale hoped Code Case N-833 would give them the flexibility they were seeking, but the condition placed by the NRC on the applicability of the code case prevented that.
The staff raised several questions including the scope of the NuScale request whether the intention was for the request to apply to one specific NuScale design or all NuScale current and future designs. NuScale said they made it intentionally broad even though the plan is to use for the US460 design.
The NRC staff provided feedback throughout the meeting. At the end, the staff acknowledge that the meeting has helped in understanding NuScales approach and will be able to determine if it is the right approach. The staff also said that it has additional specific questions that it plans to discuss in a follow-up meeting.
There were no comments or questions from the public attendees.
Docket No. 99902078
Enclosure:
List of Attendees cc w/enclosure: NuScale Power, LLC Listserv
ML23090A194 via email NRR-106 OFFICE DNRL/NRLB: PM DNRL/NRLB: LA DNRL/NRLB: PM NAME GTesfaye SGreen*
GTesfaye DATE 3/30/2023 04/03/2023 4/03/2023
Enclosure OBSERVATION PUBLIC MEETING WITH NUSCALE POWER, LLC ON NUSCALES REQUEST FOR TITLE 10 CODE OF FEDERAL REGULATIONS 50.55a CODE ALTERNATIVE TO IMPLEMENT AMERICAN SOCIETY OF MECHANICAL ENGINEERS CODE CASE N-883 LIST OF ATTENDEES February 2, 2023 Name Organization Getachew Tesfaye U.S. Nuclear Regulatory Commission (NRC)
Kerri Kavanagh NRC Brian Smith NRC Eva Brown NRC John Honcharik NRC Yamir Diaz-Castillo NRC Michael Dudek NRC Bernie Thomson NRC Matthew Mitchell NRC Kamal Manoly NRC Jason Hurst NuScale Stephanie Terwilliger NuScale Mark Shaver NuScale Carolyn Monaco NuScale Gary Becker NuScale Steve Andrews NuScale Elliott Korb Radiant Nuclear Chris Fanning Radiant Nuclear Terry Krause Burns & McDonnell Luke Voss INL [Idaho National Lab]
Kazia Nowacki ACUS [Administrative Conference of the United States]