ML23277A230
| ML23277A230 | |
| Person / Time | |
|---|---|
| Issue date: | 03/28/2024 |
| From: | Steven Lynch NRC/NRR/DANU/UARP |
| To: | |
| Shared Package | |
| ML23277A105 | List:
|
| References | |
| DANU-ISG-2022-06, NRC-2022-0079, ML23277A105 | |
| Download: ML23277A230 (7) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[NRC-2022-0079]
Interim Staff Guidance: Advanced Reactor Content of Application Project
Chapter 12, Post-manufacturing and construction Inspection, Te sting, and
Analysis Program
AGENCY: Nuclear Regulatory Commission.
ACTION: Final guidance; issuance.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) is issuing Interi m Staff
Guidance (ISG) DANU-ISG-2022-06, Chapter 12, Post-manufacturin g and construction
Inspection, Testing, and Analysis Program. The purpose of this ISG is to provide
guidance for prospective applicants in preparing applications f or non-light water reactor
(non-LWR) designs that use the Licensing Modernization Project (LMP) process and to
assist the NRC staff in determining whether such applications m eet the minimum
requirements for construction permits, operating licenses, comb ined licenses,
manufacturing licenses, standard design approval, or design cer tifications.
DATES: This guidance is effective on [INSERT DATE OF PUBLICATION IN THE
FEDERAL REGISTER].
ADDRESSES: Please refer to Docket ID NRC-2022-0079 when contacting the NRC
about the availability of information regarding this document. You may obtain publicly
available information related to this document using any of the following methods:
- Federal rulemaking website: Go to http://www.regulations.gov and search
for Docket ID NRC-2022-0079. Address questions about Docket IDs in Regulations.gov
to Stacy Schumann; telephone: 301-415-0624; email: Stacy.Schuma nn@nrc.gov. For
technical questions, contact the individual listed in the For Further Information Contact section of this document.
- NRCs Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the ADAMS 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 wit h ADAMS, please
contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at
301-415-4737, or by email to PDR.Resource@nrc.gov. The ISG, DAN U-ISG-2022-06,
Chapter 12, Post-manufacturing and construction Inspection, Te sting, and Analysis
Program, is available in ADAMS under Accession No. ML23277A144.
- NRCs PDR: The PDR, where you may examine and order copies of publicly
available documents, is open by appointment. To make an appoint ment 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.
FOR FURTHER INFORMATION CONTACT: James ODriscoll, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washing ton, DC 20555-
0001, telephone: 301-415-1325; email: James.ODriscoll@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The NRC staff anticipates the s ubmission of advanced power-reac tor
applications within the next few years based on preapplication engagement initiated by
several prospective applicants. Because many of these designs a re non-LWRs, the NRC
staff developed technology-inclusive, risk-informed, performanc e-based guidance to
support the development and review of these non-LWR application s. The guidance will
facilitate the development and review of non-LWR applications f or construction permits
2 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 staff notes it is developing a rule to amend 1 0 CFR parts 50 and 52 to
align reactor licensing processes and incorporate lessons learn ed from new reactor
licensing into the regulations (RIN 3150-Al66). This ISG may ne ed 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 final ISG, the NRC staff is dev eloping an optional
performance-based, technology-inclusive regulatory framework fo r licensing nuclear
power plants designated as 10 CFR part 53, Licensing and Regul ation of Advanced
Nuclear Reactors, (RIN 3150-AK31). The NRC intends to revise t his 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 NRC
staff focused on two activities: the Advanced Reactor Content o f Application 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
NRC staff would update, as appropriate, pending the issuance of the 10 CFR part 50
and 10 CFR part 52 rulemaking as previously mentioned in this n otice, 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 d evelopment of application
documents.
The TICAP is an industry-led activity that is focused on provid ing guidance on the
3 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 ISG titled Review of Risk-Informed, Technology-Inclu sive
Advanced Reactor Applications - R oadmap (ARCAP Roadmap ISG) was developed to
provide a general overview of the information that should be in cluded in a non-LWR
application. The ARCAP Roadmap ISG also provides a review roadm ap for the NRC
staff with the principal purpose of ensuring consistency, quali ty, and uniformity of NRC
staff reviews. The ARCAP Roadmap ISG includes references to eig ht other ARCAP
ISGs and a TICAP RG that are the subject of separate Federal Register notices (FRNs)
notifying the public of the issuance of these guidance document s. Information regarding
the eight other ARCAP ISGs and the TICAP RG can be found in the table at the end of
the Discussion section.
II. Discussion
The ARCAP ISG titled, Chapter 12, Post-manufacturing and const ruction
Inspection, Testing, and Analysis Program [PITAP], that is the subject of this FRN, was
developed because the current application and review guidance r elated to PITAP is
directly applicable only to light water reactors and may not fu lly (or efficiently) identify the
information to be included in a technology-inclusive, risk-info rmed, and
performance-based application or provide a review approach for such an application.
The table in this notice provides the document description, ADA MS accession
4 number, and, if appropriate, the docket identification number.
Document Description ADAMS Regulations.gov Accession No. Docket ID No.
Interim Staff Guidance DANU-ISG-2022-01. ML23277A139 NRC-2022-0074 Advanced Reactor Content of Application Project, Review of Risk-Informed, Technology-Inclusive Advanced Reactor Applications -
Roadmap.
Interim Staff Guidance DANU-ISG-2022-02, ML23277A140 NRC-2022-0075 Advanced Reactor Content of Application Project Chapter 2, Site Information.
Interim Staff Guidance DANU-ISG-2022-03, ML23277A141 NRC-2022-0076 Advanced Reactor Content of Application Project Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste.
Interim Staff Guidance DANU-ISG-2022-04, ML23277A142 NRC-2022-0077 Advanced Reactor Content of Application Project Chapter 10, Control of Occupational Dose.
Interim Staff Guidance DANU-ISG-2022-05, ML23277A143 NRC-2022-0078 Advanced Reactor Content of Application Project Chapter 11, Organization and Human-System Considerations.
Interim Staff Guidance DANU-ISG-2022-06, ML23277A144 NRC-2022-0079 Advanced Reactor Content of Application Project Chapter 12, Post-manufacturing and construction Inspection, Testing, and Analysis Program.
Interim Staff Guidance DANU-ISG-2022-07, ML23277A145 NRC-2022-0080 Advanced Reactor Content of Application Project, Risk-Informed Inservice Inspection/Inservice Testing Programs for Non-LWRs.
Interim Staff Guidance DANU-ISG-2022-08, ML23277A146 NRC-2022-0081 Advanced Reactor Content of Application Project, Risk-Informed Technical Specifications.
Interim Staff Guidance DANU-ISG-2022-09, ML23277A147 NRC-2022-0082 Advanced Reactor Content of Application Project, Risk-Informed Performance-Based Fire Protection Program (for Operations).
RG 1.253, Revision 0, Guidance for a ML23269A222 NRC-2022-0073 Technology-Inclusive Content of Application Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light-Water Reactors.
5 Regulatory Analysis for ARCAP ISGs ML23093A099 NRC-2022-0074 Review of Advanced Reactor Content of ML23348A182 NRC-2022-0074 Application Project/Technology-Inclusive Content of Application Project Guidance Response to the Advisory Committee on ML24024A025 NRC-2022-0074 Reactor Safeguards Letter, Review of Advanced Reactor Content of Application Project/Technology-Inclusive Content of Application Project Guidance
III. Additional Information
During the 711th meeting of the Advisory Committee on Reactor S afeguards
(ACRS), December 6-7, 2023, the ACRS, the NRC staff, and repres entatives of other
stakeholders discussed guidance documents related to the ARCAP and the TICAP. On
December 20, 2023, the ACRS issued a report documenting its rev iew of these
guidance documents (ADAMS Accession No. ML23348A182). The concl usions and
recommendations in the ACRS report apply to all the ARCAP and T ICAP guidance
documents. In its December 2023 report, the ACRS recommended ch anges to DANU-
ISG-2022-06. As set forth in its letter dated March 18, 2024 (A DAMS Accession No.
ML24024A025) in which the NRC staff responded to the ACRS repor t, the NRC staff
considered the ACRS recommendations and, for the reasons stated in the staff letter,
determined that changes to DANU-ISG-2022-06 were unnecessary.
Draft DANU-ISG-2022-06, Chapter 12, Post-manufacturing and con struction
Inspection, Testing, and Analysis Program, was published in th e Federal Register for
public comment on May 25, 2023, (88 FR 33920) with a 45-day com ment period.
Subsequently, the comment period was extended by 30 days as not ed in the Federal
Register dated June 28, 2023 (88 FR 41987). The NRC staff received nine public
comments from stakeholders. The NRC staffs evaluation and reso lution of the public
comments can be found in a document located in ADAMS under Acce ssion No.
6 ML23277A153.
IV. Congressional Review Act
DANU-ISG-2022-06, Chapter 12, Post-manufacturing and construct ion
Inspection, Testing, and Analysis Program, is a rule as define d in the Congressional
Review Act (5 U.S.C. 801-808). However, the Office of Managemen t and Budget has not
found it to be a major rule as defined in the Congressional Rev iew Act.
V. Backfitting, Forward Fitting, and Issue Finality
DANU-ISG-2022-06 does not constitute backfitting as defined in 10 CFR 50.109,
Backfitting, and as described in Management Directive (MD) 8. 4, Management of
Backfitting, Forward Fitting, Issue Finality, and Information R equests; does not
constitute forward fitting as that term is defined and describe d in MD 8.4; and does not
affect the issue finality of any approval issued under 10 CFR p art 52. The guidance
would not apply to any current licensees or applicants or exist ing or requested approvals
under 10 CFR part 52, and therefore its issuance cannot be a ba ckfit or forward fit or
affect issue finality. Further, as explained in DANU-ISG-2022-0 6, applicants and
licensees would not be required to comply with the positions se t forth in DANU-ISG-
2022-06.
Dated: March 28, 2024.
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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