ML23283A114
| ML23283A114 | |
| Person / Time | |
|---|---|
| Issue date: | 10/31/2023 |
| From: | Joseph Sebrosky NRC/NRR/DANU/UARP |
| To: | |
| Shared Package | |
| ML23283A092 | List: |
| References | |
| DANU-ISG-2022-01 | |
| Download: ML23283A114 (1) | |
Text
This draft comment resolution table is the latest version of the table that the NRC staff has publicly released to support interactions with the Advisory Committee on Reactor Safeguards (ACRS). This version is based on reviews by NRC staff and consideration of stakeholder input. The NRC staff expects to adopt further changes to the comment resolution table.
This comment resolution table has not been subject to complete NRC management or legal review, and its contents should not be interpreted as official agency positions. The NRC staff plans to continue working on the information provided in this document.
Analysis of Public Comments on Draft ISG DANU-ISG-2022-01 Advanced Reactor Content of Application Project Review of Risk-Informed, Technology-Inclusive Advanced Reactor Applications-Roadmap Comments on the draft interim staff guidance (ISG) are available electronically at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can access the Agencywide Documents Access and Management System (ADAMS), which provides text and image files of the U. S.
Nuclear Regulatory Commission (NRC) public documents. The following table lists the comments the NRC received on the draft ISG.
Comment Number ADAMS Accession Number Commenter Affiliation Commenter Name NRC-2022-0074 - DRAFT 0003 ML23167A034 Hybrid Power Technologies, LLC Michael F. Keller NRC-2022-0074 - DRAFT 0004 ML23174A049 Nuclear Energy Institute Ben Holtzman NRC-2022-0074 - DRAFT 0005 ML23213A060 Hybrid Power Technologies, LLC Michael F. Keller NRC-2022-0075 - DRAFT 0004 ML23234A052 X Energy, LLC Travis Chapman NRC-2022-0074 - DRAFT 0007 ML23234A040 SMR, LLC Andrew Brenner NRC-2022-0074 - DRAFT 0006 ML23234A039 Nuclear Energy Institute Ben Holtzman
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document NRC- Regulations.gov Not Include in regulations.gov, as downloadable The NRC staff responded to the request as 2022- Site Applicable files, all documents for which public documented in ML23174A004. The NRC staff 0074 comments are being solicited response states in part:
DRAFT 0003-1 the regulations.gov website identifies the documents (the ARCAP (Advanced Reactor Content of Application Project) ISGs and the TICAP (Technology Inclusive Content of Application Project) DG (Draft Guide)) for which the NRC staff is seeking public comment.
While the Federal Register notices for the ARCAP ISGs reference NRC-issued, approved, or endorsed documents, the NRC staff is only requesting comment on the ARCAP ISGs proposed use of the referenced documents, and not the referenced documents themselves. As such, the NRC staff will not be providing documents referenced in the ARCAP ISGs on regulations.gov as this could imply that the NRC staff is seeking comments on these documents.
NRC- Extension of Not Alter the Federal Register notices to establish The NRC staff responded to this request as 2022- Comment Applicable a reasonable, staggered schedule for documented in ML23174A004.
0074 Period document review and comment by the DRAFT public. As a result of this request and the request from 0003-2 the Nuclear Energy Institute (NEI) (see NRC-2022-0074 DRAFT 0004-1) the NRC staff extended the comment period for nine interim staff guidance documents and DG-1404, revision 0, from July 10, 2023, to August 10, 2023.
NRC- Comment Not Requested that the comment period for the The NRC staff responded to this request as 2022- Period Applicable nine advanced reactor content of application documented in ML23171B098.
0074 - project (ARCAP) interim staff guidance 2
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document DRAFT documents and DG-1404 be extended by 30 As a result of this request and the request from 0004 -1 days. Hybrid Powers Technologies, LLC (see NRC-2022-0074 DRAFT 0003-2) the NRC staff extended the comment period for nine interim staff guidance documents and DG-1404, revision 0, from July 10, 2023, to August 10, 2023.
NRC- Use of Codes Cover letter The Nuclear Modernization Act reinforces The NRC staff disagrees with the comment.
2022- and Standards earlier Congressional direction that industry 0074 Codes and Standards are lawful mechanisms It is the NRCs policy to (i) involve all interested DRAFT for compliance with the Code of Federal stakeholders in the NRCs regulatory 0005-CL- Regulations. It is unclear why the staff development processes, (ii) participate in the 1 insists that codes/standards must be staff development of consensus standards that support endorsed. The staff should not state staff the NRCs mission, and (iii) use consensus endorsement is needed unless the standards developed by voluntary consensus code/standards has been shown to be standards bodies consistent with the provisions of materially deficient. the National Technology Transfer and Advancement Act of 1995 (NTTAA) (Public Law 104-113). However, the NRC has not adopted an automatic endorsement of consensus standards as suggested by the commenter because (i) such an action could constitute an unlawful delegation of power to a private entity and (ii) possible efficiency gains of such a process would be limited compared to existing practice of review and endorsement (with appropriate exceptions and clarifications) of consensus codes and standards for use by applicants and licensees to address specific topics important to the safety of a nuclear power plant. NRC review is required in both the current process of reviews performed at the request of standards development organizations and the proposed case-by-case reviews to determine if changes or limitations on 3
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document the use of a standard is needed to ensure compliance with regulations, or to be technically correct. (See SECY-99-029, NRC Participation in the Development and Use of Consensus Standards, January 28, 1999, available at http://www.nrc.gov/reading-rm/doc-collections/commission/secys/1999/secy1999-029/1999-029scy.pdf, and the related Staff Requirements Memorandum dated February 17, 1999 (ML003751820).
No change made to the ISG.
NRC ISG structure Cover letter The ISG should identify key topic areas and The NRC staff disagrees with the comment.
2022 require the applicant to identify how 0074 applicable industry codes and standards It is the responsibility of applicants to identify the DRAFT implement the topics. If summary design features, human actions, and 0005-CL- information from some elements of the codes programmatic controls needed to fulfill safety 2 and standards is considered necessary for functions and NRC regulations. Applicants are inclusion in the application, this should be afforded some flexibility in when and how to use identified in the ISG. consensus codes and standards except for those cases where specific codes and standards are incorporated into regulations The NRCs practice of endorsing consensus codes and standards in regulatory guides in response to requests from standards development organizations provides appropriate exceptions and clarifications and otherwise provides guidance on important information for applicants to provide in licensing submittals related to the use of the subject consensus standard. Applicants may also use and reference consensus standards not previously reviewed and endorsed by the NRC to address 4
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document specific topics and the NRC staff will consider such references on a case-by-case basis.
No change made to the ISG.
NRC- Reference to Cover letter The ISG contains references to well over 100 The NRC staff partially disagrees with the 2022- additional regulatory guidance documents of various comment but recognizes there may be confusion 0074 guidance types. The ISG states Additional guidance on this point and clarified the language.
DRAFT documents documents referred to in this DG may 0005-CL- provide useful information to applicants, the The inclusion of additional documents for the 3 NRC staff or both. The logical conclusion is purpose of providing useful information to that the staff will use these guidance applicants is not intended to impose additional documents to impose requirements on the requirements. It is to provide applicants with applicant or require the applicant to justify background information they may, or may not, not conforming to the guidance documents. want to review to assist in preparing their applications. The staff does not use these documents to impose additional requirements or require additional justification. That said, it may be useful to better explain in the ISG the purpose of the additional guidance documents to avoid confusion.
The NRC staff added the following sentence to page 9, the 3rd paragraph, page 11, the 3rd paragraph, page 16 the 3rd paragraph, page 17 the 3rd paragraph, page 18 the 1st paragraph, page 20 the last paragraph, page 22 the last paragraph, page 24 the last paragraph, page 26 the 2nd paragraph, page 28 the 2nd paragraph, page 29 the 1st full paragraph, page 30 the last paragraph, page 31 the last paragraph, page 33 the 1st paragraph, page 34 the 2nd paragraph, page 35 the 1st paragraph, and page 36 the 1st paragraph: The additional guidance documents are provided as 5
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document background information that an applicant may find useful in preparing the application. These documents are not requirements nor does the staff refer to them as guidance for preparation of the portion of the application that this section discusses.
NRC- Adding Cover letter The staff appears to be manufacturing new The NRC staff disagrees with the comment.
2022- unwarranted license obligations. The staff is using risk-0074 requirements informed, performance based as an excuse The staff is not manufacturing new licensee DRAFT to add unwarranted new requirements. Also, obligations. Since no examples or explanation 0005-CL- citing the unapproved 10 CFR 53 or possible were provided, the staff does not understand the 4 future revisions to the CFR is inappropriate. basis for this comment. Citing 10 CFR Part 53 is only for the applicants information and does not impose new requirements.
No change made to the ISG.
NRC- Rationale Pg 6 Delete and replace with 10 CFR 50/52 are The NRC staff disagrees with the comment.
2022- partially directed towards LWRs and as such 0074 modified regulatory information is necessary The Rationale statement in the ISG provides a DRAFT to support advanced reactors license detailed explanation of why the ISG is needed.
0005-1 applications. This statement avoids the The basis for the comment is unclear and the numerous serious issues associated with comment does not identify the numerous serious coercive use of guidance documents. issues sought to be voided. No examples or explanations were provided.
No change made to the ISG.
NRC- Purpose of Pg 9 - This is the same comment as number 0005- See response to comment 0005-CL-3 above.
2022- informational Guidance CL-3 above.
0074 regulatory Docs DRAFT guidance Referenced 0005-2 in DG-1404 6
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document NRC- Site evaluation Pg 11 Codes and Standards have more weight than The NRC staff disagrees with the comment.
2022- guidance regulatory guidance. The applicant should be 0074 able to use industry codes and standards Industry can use both codes and standards as well DRAFT and/or regulatory guidance. Identify key as regulatory guidance. The ISG does not 0005-3 hazards and let the applicant identify the preclude or constrain that approach. In addition, codes/standards or regulatory guidance to be the purpose of the site evaluation is to identify used. the site-specific hazards that SSCs need to be protected against or designed to withstand.
No change made to the ISG.
NRC- Guidance Pgs 11+12 Clearly state conformance with the The NRC staff disagrees with the comment.
2022- documents informational regulatory guidance 0074 documents is not required and that industry See response to comment 0005-CL-3 above.
DRAFT codes and standards take precedence.
0005-4 NRC- Design of Pgs 12+13 Delete the last sentence on page 12 and the The NRC staff disagrees with the comment.
2022- Structures, three bulleted items at the top of page 13.
0074 Components, Such design detail is unnecessary for the The design information being requested is DRAFT Equipment and SAR. Simply require the applicant to identify necessary so that the staff can understand the 0005-5 Systems the hazards for which design measures have basis for the design and its ability to withstand been implemented to protect safety-related the hazards considered in the design. Such systems/structures, which should be listed. independent reviews are a primary function of the regulatory agency. The comment would require audits to obtain such information, which could introduce inefficiency and possible delay into application reviews.
No change made to the ISG.
NRC- Principal Pg 14 1st 2 Delete the last two paragraphs on page 14 The NRC staff disagrees with the comment.
2022- Design Criteria para under requiring the applicant to address the full 0074 PDC scope of PDCs described in the regulations. Regulatory Guide (RG) 1.232, Developing section This is open ended and essentially Principal Design Criteria for Non-Light Water 7
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document DRAFT impossible to meet. The collective elements Reactors, was issued to provide guidance on 0005-7 of the CFR provide for the protection of the Principal Design Criteria (PDCs) for non-Light public. Water Reactors (LWRs), including examples for liquid metal cooled reactors and High Temperature Gas-cooled Reactors. The RG was developed with industry input and clearly shows that the PDCs are not open ended or impossible to meet.
No change made to the ISG.
NRC- Guidance Pg 16 Clearly state that conformance with these See response to comment 0005-CL-3 above.
2022- documents informational regulatory guidance 0074 documents is not required and that industry DRAFT codes/standards take precedence.
0005-8 NRC- Guidance Pg 17 Same comment as 0005-CL-3 above. See response to comment 0005-CL-3 above.
2022- documents 0074 DRAFT 0005-9 NRC- Chapter 11 Pg 17 Delete entire chapter. The relationship with The NRC staff disagrees with the comment.
2022- safety-related is tenuous, casting doubt on 0074 whether or not the chapter is meaningfully Organization and human-system considerations DRAFT risk significant. are important factors included in regulations to 0005-10 ensure safe operation and response to off-normal events.
No change made to the ISG.
NRC- Guidance Pg 18 Same comment as 0005-CL-3. See response to comment 0005-CL-3 above.
2022- documents 0074 8
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document DRAFT 0005-11 NRC- Chapter 12 Pg 19 Add a sentence that industry codes/standards The NRC staff disagrees with the comment.
2022- must be identified by the applicant, including 0074 a summary discussion of how the ISG DANU-ISG-2022-06, Chapter 12, Post DRAFT codes/standards are used since this section Construction Inspection, Testing, and Analysis 0005-12 involves IST. Program, is referred to on page 19 of the ARCAP Roadmap ISG and is the applicable guidance document for post-construction activities. DANU-ISG-2022-06 does call for the applicant to identify the industry codes and standards to be used in the program.
No change made to the ISG.
NRC- Technical Pg 19 Simply paraphrase 10 CFR 50.36 and require The NRC staff disagrees with the comment.
2022- Specifications the applicant to identify (1) safety-related 0074 systems for which technical specifications The content of technical specifications is codified DRAFT are used and (2) safety-related systems for in 10 CFR Part 50 and the implementation of the 0005-13 which limiting conditions of operation are technical specifications regulation, 10 CFR employed. A summary of the basis for these 50.36, reflects many years of experience, systems and a summary of the methods to including the approval of industry initiatives to control set-point values should also be achieve an appropriate balance between provided. requirements within technical specifications and information provided in the SAR.
No change made to the ISG.
NRC- QA Plan Pg 24 - QA a) Prominently cite 10 CFR 50, a) The NRC staff agrees with the comment.
2022- Plan - 1st Appendix B. The following sentence has been added 0074 para after the 1st sentence in the paragraph:
DRAFT Quality Assurance Plans should meet 0005-14 the requirements in 10 CFR Part 50, 9
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document Appendix B, Quality Assurance, unless an exemption can be justified.
b) The NRC staff disagrees with the b) Move fuel related discussion to an comment. The reference to the Argonne appendix. National Lab (ANL) program for qualifying legacy fuel data is highly relevant to non-LWRs, since it is expected many non-LWR applicants will need to qualify legacy fuel data.
Therefore, it deserves a high visibility in the ISG, which an appendix may not provide.
No change made to the ISG.
NRC- Fire Protection Pg 25 a) The applicant must identify the National a) The NRC staff agrees with the comment.
2022- Program Fire Protection Association (NFPA) 0074 (Design) standards used and the basis for their The last sentence in the first paragraph of the DRAFT use. In addition, the applicant must fire protection for design section is revised as 0005-15 identify the areas in the plant where fire follows:
protection features are employed to protect safety-related items and, In addition, the application must identify the potentially, risk-significant items. NFPA [National Fire Protections Association]
standards used in the design, including the basis for their use, describe the results of the fire hazard analysis, b) The SAR should not go into detail on b) The NRC staff disagrees with the comment.
specific measures. Keep the guidance Since the ISG is written for non-LWRs, it is general. Any mention of specific reactor reasonable to discuss the general fire types should be in an appendix. protection issues associated with non-LWR technologies.
10
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document No change made to the ISG.
NRC- Security Plans Pg 28 Suggest that this section be kept broad and The NRC staff disagrees with the comment, to 2022- general. the extent it suggests changes are needed to the 0074 ISG.
DRAFT 0005-16 The guidance is general in nature and the staff recognizes that some security information will be sensitive and not included in the Safety Analysis Report (SAR).
No change made to the ISG.
NRC- Fire Protection Pg 31 Various NFPA and industry codes and The NRC staff disagrees with the comment, to 2022- Program standards apply. the extent it suggests changes are needed to the 0074 (operational) ISG.
DRAFT 0005-17 The fire protection program (operational) section refers to ISG DANU-ISG-2022-09 which does identify NFPA standards.
No change made to the ISG.
NRC- ISI/IST PG 34 List key topic areas, the pertinent codes and The NRC staff disagrees with the comment.
2022- standards and generally how the codes and 0074 standards implement the topics. Identify the This section refers to ISG DANU-ISG-2022-07 DRAFT systems/components subject to testing and which addresses In-service Inspection (ISI)/In-0005-18 the tests to be implemented. service Testing (IST) in more detail, including identification of the topic areas, the American Society of Mechanical Engineers (ASME) codes and standards, and the systems/components within the scope of the ISI/IST programs.
11
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document No change made to the ISG.
NRC- ITAAC Pg 39 List key topic areas, require applicant The NRC staff disagrees with the comment.
2022- identify pertinent codes/standards and 0074 generally how these codes/standards The key topic areas and codes/standards are DRAFT implement the topics. Identify major design dependent and, therefore cannot be 0005-19 systems/components subject to ITAAC and generalized in a guidance document. NUREG-the tests to be performed. The referenced 0800, Standard Review Plan for the Review of regulatory guidance document (NUREG- Safety Analysis Reports for Nuclear Power 0800) is overly prescriptive, particularly for Plants: LWR Edition, provides guidance for the the SAR and is inconsistent with the NRC staff review of LWR applications. It is Licensing Modernization Act (LMA). listed for information, not as guidance related to SAR content. No reason is given as to why the inspections, tests, analysis, and acceptance criteria (ITAAC) guidance is inconsistent with the Nuclear Energy Innovation and Modernization Act (NEIMA) or other statute.
No change made to the ISG.
NRC- Overview- Pg 41 a) Reword paragraph to more simply state a) The NRC disagrees with the comment. The 2022- Application the expectations for demonstrating the wording in this section is based on the 0074 Guidance performance of designs or features that wording in 10 CFR 50.4I) and, thus, should DRAFT differ significantly from LWR designs. remain unchanged.
0005-21 No change made to ISG.
b) Delete the Staff Review Guidance b) The NRC staff disagrees with the comment.
paragraph and replace with Staff to Demonstrating the performance of new audit analyses and testing as designs or features is a fundamental part of appropriate. safety and should be documented in the SAR and evaluated in the staff safety evaluation report (SER).
12
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document No change made to the ISG.
NRC- Backfitting and Pg 44 The entire document appears to be the The NRC staff disagrees with the comment.
2022- Issue Finality epitome of backfitting while being at odds 0074 with the Licensing Modernization Act As explained in the Backfitting and Issue Finality DRAFT (LMA). section, the ISG is applicable to future 0005-22 applications; as such, it does not constitute backfitting. In addition, the document does not impose new requirements but provides guidance to staff and potential applicants. No explanation is provided as to why the document is at odds with the NEIMA or any other statute.
No change made to the ISG.
NRC- References Pg 46 State that conformance with these The NRC staff disagrees with part of the 2022- informational regulatory guidance comment.
0074 documents is not required and that industry DRAFT codes/standards take precedence. The response to comment 0005 CL-3 above 0005-23 indicates that the ISG will be modified to clarify that the documents identified as useful information are for background only and are not requirements.
NRC- Appendix B Appendix B is very useful. The requirements The NRC staff acknowledges the comment but 2022- identified in Appendix B as applicable to notes that it did not suggest changes to the ISG.
0074 non-LWRs could have been used as the DRAFT backbone for 10 CFR Part 53.
0005-24 NRC- Appendix D These documents still under development The NRC staff acknowledges the comment. The 2022- should be released to the public for review documents listed in Appendix D will be 0074 13
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document DRAFT and comment. Otherwise, the public is published as drafts for public comment when 0005-25 excluded from rulemaking activities. sufficiently complete.
NRC- Construction Pg 15- 3rd This paragraph states The NRC also The NRC staff agrees with the comment.
2022- Permit full para in considers this approach to be appropriate for 0075 Guidance-PDC PDC developing proposed PDCs for those design See responses to NEI comments NRC-2022-0074 DRAFT section section functions and features of the facility that are DRAFT 0006-12 and NRC-2022-0074 DRAFT 0004-18 SR and NSRST and not informed by the 0006-13 below.
LMP process (e.g., normal operations).
Does this imply that we could have SSCs classified as SR and NSRST that are not informed by NEI 18-04?
Suggest revising to read The NRC also considers this approach to be appropriate for developing proposed PDCs for those design functions and features of the facility that are classified as NST by the LMP process (e.g.,
normal operations).
NRC- Appendix A Pg 8 The paragraph reads as if it applies to all The NRC staff agrees with the comment.
2022- Novel Design novel design features, whether they are 0075 Features safety-significant or NST. Clarify if the See response to NEI comment NRC-2022-0074 DRAFT paragraph applies to NST SSCs. DRAFT 0006-20 below.
0004-19 NRC- Appendix A Pg 8 The paragraph states that during pre- Regarding the use of incorporating white papers 2022- Consensus application interactions a white paper should into an application, the NRC staff notes that 0075 Codes and be used to identify consensus codes and white papers are not formally approved and DRAFT Standards and standards or code cases intended to be used. historically have not been maintained or 0004-20 Code Cases DG.-1404 states that a listing of codes and controlled like topical reports. As discussed in standards should be included in Chapter 1 of DANU-ISG-2022-01, white papers are a the SAR. mechanism for NRC staff to provide feedback to Can an applicant incorporate by reference the an applicant that would be useful in preparation white paper in lieu of listing the codes and of an application. While an approach described in standards in Chapter 1? a white paper can be used to inform the development of an application, the staffs 14
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document experience is that white papers have not historically been prepared by applicants or reviewed by the NRC staff with the expectations that the white papers would be incorporated by reference into a SAR.
Contrary to white papers, as noted in DANU-ISG-2022-01 Appendix A, topical reports are reviewed and an NRC SER is prepared with findings on the individual technical matters covered in the topical report that can be relied on for the application review if the content of the application is consistent with the information approved in the topical report and any limitations and conditions placed on its approval.
The discussion on Codes & Standards in DG-1404 has been moved to the Roadmap ISG.
NRC- Appendix B Pg 22-Table The second sentence states Error! The NRC staff agrees with the comment.
2022- Applicability 4-1st para Bookmark not defined. Please clarify.
0075 of NRC The ISG has been revised. The second sentence DRAFT Regulations now reads See Footnote 5 of this Appendix for a 0004-21 discussion of applicability to 10 CFR Part 50 applicants.
NRC- Appendix B Attachment Editorial error - The third sentence in the The NRC staff agrees with the comment.
2022- Applicability 1 - Pg 3 first paragraph needs a space between 0075 of NRC against and NUREG-0800. ISG revised to correct editorial error.
DRAFT Regulations 0004-22 NRC- Appendix C Pg 12 - EP The guidance only references regulations The NRC staff partially agrees with the 2022- that are applicable to LWRs. There is no comment.
0075 mention of 10 CFR 50.160 and RG 1.242, 15
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document DRAFT Construction Performance-Based Emergency The guidance will be revised when appropriate to 0004-23 Permit Preparedness for Small Modular Reactors, address changes to NRC regulations, including Guidance Non-Light-Water Reactors, and Non-Power changes such as 10 CFR 50.160 once it is Production or Utilization Facilities. Will the incorporated into NRCs regulations.
staff consider the new rulemaking effort for advanced reactor EP? No change to the ISG at this time.
Add clarification to address EP for advanced reactors.
NRC- Application of General The SMR transmittal letter (page 2) states The NRC staff disagrees with the comment.
2022- ARCAP to that they believe the ARCAP technology-0074 LWRs inclusive guidance is also intended to apply The NRC staff is considering expanding the DRAFT to LWRs. applicability of ARCAP guidance documents 0007-TL- beyond non-LWRs. However, expansion of the 1 guidance beyond non-LWRs at this time is premature.
The final ISG continues to note that the NRC is developing an optional performance-based, technology-inclusive regulatory framework for licensing nuclear power plants designated as 10 CFR Part 53, Licensing and Regulation of Advanced Nuclear Reactors, (RIN 3150-AK31).
If the NRC promulgates a final 10 CFR Part 53 rule, the NRC staff plans to apply the 10 CFR Part 53 guidance to both LWRs and non-LWRs.
Should the 10 CFR Part 53 rulemaking include requirements for both LWRs and non-LWRs the NRC staff envisions that the guidance documents supporting that rulemaking would provide a basis to expand the concepts found in the ARCAP ISGs guidance beyond non-LWRs. In the interim, the NRC staff notes that the applicability section of the ISG notes that applicants desiring to use 16
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document the ISG for a light water reactor application should contact the NRC staff to hold pre-application discussions on their proposed approach.
No change to the ISG at this time.
NRC- CP Guidance Appendix C The SMR transmittal letter (page 4) indicates The NRC disagrees with the comment.
2022- for Non-LWRs - Pg 14 that in comparing the CP application 0074 - Fuel guidance for qualifying accident evaluation No changes to the ARCAP roadmap ISG are DRAFT Qualification methodologies specified in DRNL-ISG- being made because of this comment.
0007-TL- 2022-01(for LWRs) to the guidance in 2 DANU-ISG 2022-01 (for non-LWRs), it The staff notes that DNRL-ISG-2022-01, Safety appears that at the CP stage LWRs are being Review of Light Water Power Reactor held to a more stringent standard than non- Construction Permits, (ML22189A099) states, LWRs. Specifically, at the CP stage LWRs in part, the following:
must verify that the evaluation methods used are approved and applicable to the design, At a minimum, the NRC staff should ensure the whereas, non-LWRs only need to describe preliminary safety analysis report includes their plan for qualifying the evaluation all the information required by 10 CFR 50.34, methods. SMR requests clarity if this with a focus on the following:
understanding is consistent with NRCs interpretation of the pertinent regulations and Verification that the loss of coolant accident guidance. (LOCA) evaluation methods used are approved and applicable to the design.
Verification that non-LOCA evaluation methods are at a minimum under active NRC staff review and any open items can reasonably be left for later consideration in the final safety analysis report, and that there is reasonable assurance that the proposed facility can be constructed and operated 17
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document without undue risk to public health and safety.
The discussion found in the first bullet is driven by the requirements in 10 CFR 50.46, which is not applicable to non-LWRs in accordance with Appendix B of the ARCAP roadmap ISG.
Further, the discussion in the ARCAP roadmap ISG Appendix C associated with safety and accident analysis methodologies and associated validation is wholly consistent with the guidance found in the second bullet from DNRL-ISG-2022-01 discussed above.
NRC- Applicability to General All the guidance is technology-inclusive and See response to NRC-2022-0074 DRAFT 0007-2022- LWRs is equally applicable to LWRs. ARCAP is TL-1.
0074 supposed to be applicable for any DRAFT technology, any licensing approach and any 0006-1 licensing path. While NEI 18-04 and NEI 21-07 were developed specifically for advanced non-LWRs, applicants with LWR designs should also be able to use the LMP methodology if they elect to do so. Please rephrase to indicate the guidance is technology-inclusive and is equally applicable to both LWR and non-LWR designs.
NRC- Duplication of General The roadmap denotes the lists of guidance The NRC staff disagrees with the comment.
2022- information documents referenced in different documents 0074 of this package (e.g., DG-1404, DANU-ISG- The roadmap is intended to provide an integrated DRAFT 2022-02). Duplicating this information in picture of the guidance contained in the ISGs and 0006-2 multiple documents creates an error likely DG-1404. As such, it needs to describe the extent situation and is not recommended. Please of the guidance covered in ARCAP so as to only list the guidance documents in one provide a complete and consistent picture of the 18
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document location. Recommended to remove the ARCAP scope. The individual ARCAP documents from the roadmap. documents are an extension of the guidance in the roadmap. It is unclear how repeating reference to these documents in the applicable ISGs/DG may create an error.
No revision made to the ISG.
NRC- Scope of General Are there any programs an applicant using The NRC staff agrees with the comment.
2022- Programs LMP is expected to develop that are not 0074 Included in the noted in the roadmap or other relevant There are some additional programs that the DRAFT Roadmap TICAP/ARCAP chapters? Please add any applicant will need to describe in the application.
0006-3 programs that the NRC expects an applicant These can be identified by reviewing the using LMP to provide that are not noted in regulations applicable to non-LWRs listed in the roadmap. Appendix B of the roadmap. Some of those regulations require programs not specifically discussed in the TICAP/ARCAP documents (e.g.,
maintenance program, operator training program). It is the applicants responsibility to comply with these regulations, including development of any needed program descriptions. Agree additional clarification is needed.
Page 43 of the ISG Operational Programs has been revised to state:
The regulations identified in Appendix B as applicable to non-LWRs should be reviewed to identify requirements that call for operational programs to be developed and described in the SAR that are not described in the roadmap. It is the applicants responsibility to identify and 19
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document include in the SAR a description of these programs.
NRC- Tie between Pg 3 - next It is important to explicitly tie NEI 21-07 The NRC staff agrees with the comment.
2022- NEI 21-07 and to last para back to NEI 18-04 since NEI 21-07 covers 0074 NEI 18-04 and pg 9 - more than just addressing portions of the The sentences on pages 3 and 9 have been DRAFT 1st para SAR that describe fundamental safety replaced with the NEI recommended sentence.
0006-4 functions of the design. Replace the sentences that begin with TICAP is an industry led activity with:
TICAP is an industry led guidance activity focused on the scope and depth of information to include in the portions of the SAR that address the implementation of the LMP methodology as described in NEI 18-04, Revision 1, and endorsed by the NRC in Regulatory Guide 1.233.
NRC- Applicability of Pg 5 - last Since the overall scope of this ISG includes The NRC staff partially agrees with the 2022- Appendix B to sentence of MLs, the scope of Appendix B should also comment.
0074 MLs 1st full para include MLs. Appendix B should be revised DRAFT to include MLs. The last sentence of the 1st As a result of this comment Appendix B has been 0006-5 full paragraph on page 5 should be revised to updated to include applicability of regulations to include MLs. manufacturing licenses. The changes to the document include changes to the first page of Appendix B and changes to Table 2, Table 5, and Table 6 of Appendix B. However, the staff has not made broader revisions to the roadmap to fully address manufacturing licenses (MLs).
NRC- Facility Safety Pg 6 - The Facility Safety Program (FSP) is The NRC staff agrees with the comment.
2022- Program bulleted list reserved for incorporation into Parts 50/52 if 0074 and pg 38 approved by the Commission for Part 53.
(footnote) This program would create an unjustified 20
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document DRAFT additional burden on the licensee and is in If approved by the Commission for inclusion in 0006-6 direct conflict with NRCs backfit rule. Part 53, the FSP can be considered for Part 50/52 Please remove the references to the FSP. at a later time.
The FSP has been removed from page 6 and page 38, including the footnote.
NRC- RG 1.181 Pg 9 - list Typo - RG 1.181, Content of the Updated The NRC staff agrees with the comment.
2022- of guidance Final Safety Analysis Report in Accordance 0074 documents with 10 CFR 50.71(e), is for 50.71(e), not ISG revised - typo corrected.
DRAFT 50711.
0006-7 NRC- Design of Pg 12-14 Much of the discussion under this heading is The NRC staff agrees with the comment.
2022- Structures, applicable to LWRs that operate well above 0074 Components, atmospheric pressure. The guidance is not Page 14 (first full paragraph) of the ISG has been DRAFT Equipment and relevant to non-LWRs that operate at or near revised to address the suggested sentences plus 0006-8 Systems atmospheric pressure. It would be helpful to an additional sentence to address leaks in low clarify if NRC has expectations for non- energy lines as follows:
LWR applicants with system operating pressures at or near atmospheric to address The applicability of specific guidance will vary piping failures. Add the following paragraph between among designs and will depend on on page 14 after the bullet on Section 3.6.3: whether certain hazards are addressed within through risk-informed analysis of licensing basis The applicability of specific guidance will events or a deterministic methodology used to vary between designs and whether certain show that the individual failures of non-safety-hazards are addressed within licensing basis related SSCs have no adverse impacts on events or a deterministic methodology used required safety functions. For example, to show that the failure of non-safety-related applications for designs that operate at or near SSCs have no adverse impacts on required atmospheric pressure need not address Sections safety functions. For example, applications 3.6.1, 3.6.2 and 3.6.3 above. If the reactor design for designs that operate at or near does not include SSCs that could generate atmospheric pressure need not address missiles or otherwise compromise required safety Sections 3.6.1, 3.6.2 and 3.6.3 above. If the functions inside the containment or confinement, reactor design does not include SSCs that then Section 3.5.1.2 of NUREG-0800 need not be 21
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document could generate missiles or otherwise addressed in the application. However, internally compromise required safety functions inside generated missiles outside containment and the containment or confinement, then Section turbine missiles may still need to be addressed.
3.5.1.2 of NUREG-0800 need not be In addition, the staff should ensure that designs addressed in the application. However, that operate at or near atmospheric pressure internally generated missiles outside address the environmental effects of fluid leaks containment and turbine missiles may still on SSCs in the vicinity of the leak considering need to be addressed. In addition, designs factors such as fluid temperature, corrosive that operate at or near atmospheric pressure effects, flammability, and radioactivity.
must still address the environmental effects of fluid leaks on SSCs in the vicinity of the leak, considering factors such as the fluid temperature, corrosive effects, flammability, and radioactivity.
NRC- Design of Pg 12 Revise the 1st sentence of this section to The NRC staff agrees with the comment.
2022- Structures, include reference to Chapter 7 as follows:
0074 Components, ISG revised to reflect suggested wording.
DRAFT Equipment and The TICAP guidance (i.e., NEI 21-07 and 0006-9 Systems DG-1404) for the design of structures, components, equipment and systems would generally place this information in SAR Chapters 5, 6, and 7; following the LMP process. The SAR (Chapters 5, 6 and 7) should describe; NRC- Section 3.6.3 Pg 14 Typo - Correct Leak-Before-Brea to The NRC staff agrees with the comment.
2022- Leak-Before-Break.
0074 ISG revised to correct typo.
DRAFT 0006-10 NRC- PDCs Pg 14 - last a) The first sentence states that the a) The NRC staff disagrees with the comment.
2022- para requirement to propose PDC 0074 includes a requirement to address the 10 CFR 52.157(a) specifies that ML DRAFT full scope of PDCs described in the applications include the PDC for the reactor 0006-11 regulations which includesdesign, to be manufactured. The regulation also 22
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document fabrication, construction, testing and references Appendix A of 10 CFR part 50, performance requirements. This is "General Design Criteria for Nuclear Power not practical for ML applicants. Plants," which provides guidance to Suggest adding the following applicants in establishing principal design sentence after the first sentence: criteria for other (non-LWR) types of nuclear power units. There is no deferral of PDC to ML applicants need only propose the combined operating license (COL) stage PDC to establish necessary design, specified in the regulations.
fabrication and performance requirements. PDC relevant to No change to the ISG.
testing as part of the manufacturing process should also be included.
However, a COL applicant should include all of the PDC in their SAR.
b) The NRC staff partially agrees with the b) Additionally, it would be helpful to comment.
provide a distinction between fabrication and construction as Although it might be helpful in certain fabrication is included in the contexts to distinguish between fabrication definition of construction provided and construction, such distinctions may in 10 CFR 50.2. depend on the particular structure, system, or component and therefore it is not practical to revise the guidance.
No change to the ISG.
NRC- PDCs Pg 15 - 3rd The guidance on PDCs for those aspects of The NRC staff agrees with the comment, 2022- para in PDC the facility design not informed by the LMP although NRC staff cannot identify in advance all 0074 section process lists Normal Operation as the only other areas outside of the Licensing DRAFT example. More specifically, the guidance Modernization Project (LMP) scope where a 0006-12 only refers to the guidance in DANU-ISG- PDC may be required to address public health 2022-03, Chapter 9, as guidance for PDCs and safety concerns, especially considering the beyond those derived from the LMP process. technology and potential unique nature of non-It is unclear if other PDC are expected from LWR designs. The designers will be responsible 23
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document an applicant. Please clarify the guidance for for determining if PDCs beyond those within the PDCs for those aspects of the facility not LMP scope or traditionally considered are informed by LMP. necessary to establish the necessary design, fabrication, construction, testing, and performance requirements for structures, systems, and components (SSCs) important to safety, as defined in 10 CFR Part 50, Appendix A.
The ISG has been revised to add the following right after the 4th sentence in the third paragraph in the PDC section (page 15):
Accordingly, each applicant is responsible for identifying the need for additional PDCs, not informed by the LMP process, that, due to the technology, design, or site, are necessary to protect public health and safety.
NRC- SR and NSRST Pg 15 - 3rd The fourth sentence in this paragraph implies The NRC staff agrees with the comment.
2022- para in PDC that components can be classified 0074 section as SR and NSRST and not be informed by The ISG has been revised. The fourth sentence in DRAFT the LMP process. It is not clear that SR and the first paragraph has been modified to read:
0006-13 NSRST classifications have meaning outside the context of NEI 18-04. In the fourth The NRC also considers this approach to be sentence please replace the words SR and appropriate for developing proposed PDCs for NSRST and not informed with classified those design functions and features of the facility as NST. not informed by LMP, but determined important to the protection of public health and safety (e.g.,
normal operations). Also, see the response to comment #0006-12 above.
NRC- Aircraft Impact Pg 39 Guidance for the aircraft impact assessment See response to comment # 0006-31 on DG-2022- Assessment is provided in both the roadmap and in DG- 1404.
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Comment Topic Section of Specific Comments NRC Staff Response Identifier Document 0074 1404, with cross references between the DRAFT documents. The guidance should be provided No change made to the ISG.
0006-15 in one location.
NRC- Chapter 9 Pg 16 ML applications should only be required to The NRC staff agrees with the comment.
2022- include information to identify the kinds and 0074 quantities of radioactive materials expected Although the staff has not made broader revisions DRAFT to be produced during operation and the to the roadmap to fully address MLs, DANU-0006-16 means for controlling/limiting effluents. ISG-2022-03 (Chapter 9) has been revised to add the following after the first paragraph under Application Guidance:
For Chapter 9 content, DC [design certification],
SDA [standard design approvals], and ML applications need only include (i) information to identify the kinds and quantities of radioactive materials expected to be produced in the operation and the means for controlling and limiting radioactive effluents and radiation exposures within the limits set forth in Part 20 (per 10 CFR 52.47(a)(5), 52.137(a)(5) and 52.157(e), respectively); (ii) information required by 10 CFR 20.1406 (per 10 CFR 52.47(a)(6),
52.137(a)(6), and 52.157(f)(9), respectively); and (iii) information with respect to the design of equipment to maintain control over radioactive material in gaseous and liquid effluents produced during normal reactor operations as described in 10 CFR 50.34a(e) (per 10 CFR 52.47(a)(10),
52.137(a)(10), and 52.157(f)(11), respectively).
Other programmatic information identified below related to Chapter 9 (e.g., radiation protection program description) may be addressed in a COL application.
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Comment Topic Section of Specific Comments NRC Staff Response Identifier Document NRC- Chapter 10 Pg 16 ML applications should only be required to The NRC staff partially agrees with the 2022- address the facility and equipment design comment.
0074 and radiation sources. Operational programs DRAFT and descriptions of management, policy and ISG Chapter 10, Control of Occupational Dose, 0006-17 organizational structure should be addressed already provides guidance for ML applications in in the COL application. At the end of the this area. It states that ML applications should first full paragraph add the following provide information on facility and equipment sentence: design and radiation sources that are necessary to ensure that the occupational radiation protection An ML application only needs to address standards set forth in 10 CFR Part 20 are met. It the facility and equipment design and further states that for ML applications, radiation sources. Operational programs and programmatic information may be provided using descriptions of management, policy and COL action items.
organizational structure necessary to ensure occupational radiation exposure are ALARA With respect to organizational information, ISG should be addressed in a COLA. Chapter 11, Organization and Human-System Considerations, provides guidance to ML applicants regarding organizational information.
No change to this ISG.
NRC- Chapter 11 Pg 17 An ML application would only require a The NRC staff disagrees with the comment.
2022- description of the management plan for 0074 design and manufacturing activities (see ISG Chapter 11, Organization and Human-DRAFT 52.157(f)(26)). At the end of the second System Considerations, provides guidance to 0006-18 paragraph add the following sentence: ML applicants regarding organizational information. This guidance is based on 10 CFR An ML application only needs to address a 52.157(f)(26). The Chapter 11 ISG already description of the management plan for specifies areas where the guidance does not apply design and manufacturing activities, per to ML applications.
52.157(f)(26). All other aspects of Chapter 11 SAR content should be addressed in a With regard to the human factors section of the COLA. Chapter 11 ISG, 10 CFR 52.157(f)(12) specifies that the ML application include information 26
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document necessary to demonstrate compliance with any technically relevant portions of the Three Mile Island requirements set forth in § 50.34(f), which addresses human factors.
No change to this ISG.
NRC- ITAAC Pg 39 - 1st The first sentence in the paragraph requires The NRC staff disagrees with the comment.
2022- para in that applicants for a ML provide the 0074 ITAAC proposed ITAAC that must be performed and First, construction permits (CPs) and operating DRAFT section their acceptance criteria. 10 CFR licenses (OLs) are not required to provide 0006-19 52.158(a)(1) expands on the purpose of the ITAAC.
ML ITAAC, which should be acknowledged in this paragraph. Suggest that the following Second, the ISG for Chapter 12 Post-sentence be added at the beginning of the construction Inspection, Testing, and Analysis paragraph: Program, addresses ITAAC for ML applications and it references 10 CFR 52.158. The Chapter 12 An ML application should address the ISG does not mention other ITAAC for ML provisions in 10 CFR 52.158 regarding applications but does not preclude that ITAAC ITAAC for MLs. The other ITAAC could consist of both ITAAC for the ML and requirements should be addressed by additional site-specific ITAAC for the COL.
applicants for CPs, OLs, COLs or DCs.
To provide clarity, the following text from the 1st paragraph on page 39 is revised:
Instead, gGuidance for the post-construction inspection testing and analysis program for non-LWR CP and OL applicants is provided in DANU-ISG-2022-06, Chapter 12 - Post Construction Inspection, Testing, and Analysis Program, which includes guidance for ITAAC in COL, DC, and ML applications.
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Comment Topic Section of Specific Comments NRC Staff Response Identifier Document NRC- Appendix A- Pg 8 The text states that any novel design features The NRC staff agrees with the comment.
2022- Novel Design should be identified during the pre-0074 Features or application review. Does the NRC want to The first sentence on page 8 of the ISG has been DRAFT Approaches review in advance novel design features that revised to read as follows:
0006-20 are not SR or NSRST? If the pre-application review is limited to SR and NSRST novel A prospective applicant should identify any design features, this should be clarified. novel design features that are classified as SR
[safety related] or NSRST [non-safety related with special treatment] or that are credited in any LBE [licensing basis events] sequence through white papers To be clear, the NRC staff will not be reviewing novel design features during pre-application interactions unless requested to do so through the submittal of topical reports or a similar vehicle.
Pre-application interactions are usually intended to help the staff become familiar with the application, particularly in areas where new concepts or novel design features are being proposed.
NRC- Appendix A Pg 8 This is the same comment as NRC-2022- See response to comment NRC-2022-0075 -
2022- 0075 DRAFT 0004-20 above. DRAFT 0004-20 above and NRC-2022-0074-0074 DRAFT-0006-49 below.
DRAFT 0006-21 NRC- Appendix B Pg 15 Please clarify what applications should The NRC staff agrees with the comment.
2022- address 10 CFR 50.155, Mitigation of 0074 Beyond-Design-Basis Events. The applicability column has been revised to DRAFT indicate that for 50.155:
0006-22 Yes (for OLs and COLs) 28
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document NRC- Appendix B Pg 22 - 1st This is the same comment as NRC-2022- See response to comment NRC-2022- 0075 2022- para 0075 DRAFT 0004-21 above. DRAFT 0004-21 above.
0074 DRAFT 0006-23 NRC- Appendix B Pg 23 Please note that 50.34(f)(2)(i) may only be The NRC staff agrees with the comment.
2022- Table 4 applicable to some non-LWRs. For those 0074 non-LWR designs where there is no viable The applicability column has been revised to DRAFT LOCA pathway, there would not be a need indicate that for 50.34(f)(2)(i):
0006-24 for the control room simulator to simulate small break LOCAs. Yes (noting that the discussion of small break loss of coolant accidents may not be technically relevant to some non-LWR designs).
NRC- Appendix B Attachment This is the same comment as NRC-2022- See response to comment NRC-2022-0075 2022- 1 - Pg 3 0075 DRAFT 0004-22 above. DRAFT 0004-22 above.
0074 DRAFT 0006-25 NRC- Appendix C Pg 12 This is the same comment as NRC-2022- See response to comment NRC-2022-0075 2022- 0075 DRAFT 0004-23 above. DRAFT above.
0074 DRAFT Topic for a future revision.
0006-26 NRC- Applicability of N/A - The NRC staff received a comment on DG- The NRC staff disagrees with the statement that 2022- 10 CFR 50.150 comment on 1404 Revision 0 that stated manufacturing MLs do not need to address the requirements of 0074- (aircraft impact DG-1404 license applicants do not need to address the 10 CFR 50.150.
DRAFT- rule) to DANU- requirements in 10 CFR 50.150 0006-D6 manufacturing ISG-2022- As stated in the applicability portion of 10 CFR licenses 01 appendix 50.150 and as noted in RG 1.217, Guidance for B the Assessment of Beyond-Design-Basis Aircraft applicability Impacts, the aircraft impact rule applies to of applicants for new CPs; new OLs that reference a regulations new CP; new DCs; new SDAs; MLs that do not 29
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document reference a standard DC or SDA; and combined licenses that do not reference a DC, SDA, or manufactured reactor.
As a result of this comment, the NRC staff is changing the applicability of regulations portion found in the ARCAP roadmap ISG appendix B for 10 CFR Part 150 from Yes (CP/OL/COLs) to simply Yes to reflect that the applicability of this regulation is broader than CPs/OLs/COLs that the draft version of the roadmap ISG implies.
NRC- Applicability of N/A - The NRC staff received a comment of DG- The NRC staff partially agrees with the 2022- Generic Issues comment on 1404 Revision 0 that stated the information comment.
0074- DG-1404 found in DG-1404 Section C.2.e regarding DRAFT- DANU- generic issues was not appropriate. The As a result of the comment the NRC staff has 0006-D16 ISG-2022- comment on DG-1404 is as follows: moved addition C.2.e from RG 1.253 and added 01 this guidance to the ARCAP Roadmap ISG. The Industry has concerns with both the letter NRC staff finds the information provided in this and the spirit of Addition C.2.e, which would addition is appropriate to include in summary levy substantial documentation requirements form in the SAR. The NRC staff notes that in that are largely not applicable to non-LWRs, accordance with the concepts in NEI 21-07, thereby complicating the development of an Revision 1, RGs and consensus codes and application and the subsequent staff review. standards that are applicable to the outcomes With respect to Item (1), generic safety derived from the LMP process should be issues, unresolved safety issues, and TMI discussed in the applicable portions of the SAR action items are largely LWR-centric and not that are derived from the LMP process.
applicable to advanced non- LWRs; there should be no presumption to the contrary. Regarding the applicability of 10 CFR 50.34(f) to There is no regulatory requirement that non-LWRs the ARCAP roadmap guidance will applicants address LWR GSIs and USIs in continue to include a reference to ARCAP the SAR. The regulatory requirement to Roadmap ISG Appendix B on applicability of address TMI requirements in 10 CFR regulations. Appendix B, Table 1, notes that 10 50.34(f) is applicable only to LWRs. 10 CFR CFR 50.34(f) does not apply to applications 30
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document 52.47(a)(8) invokes most of the TMI under 10 CFR Part 50, but includes a footnote requirements in 10 CFR 50.34(f) to the that provides a clarification regarding this extent they are technically relevant. This requirements applicability to such applications, term, as well as the terms "technically including the expectation that the staff should applicable to the design" and directly ensure that an applicant addresses the technically applicable to the design used in DG-1404 relevant Three Mile Island-related items during Addition C.2.3, are undefined and subjective, the review process and propose license and will be fertile ground for interpretation conditions requiring the appropriate items in the disagreements between applicant and interim. While a majority of the requirements in regulator. At most, the TMI requirements section 50.34(f) by their terms apply only to should be applied only to Part 52 applicants. LWRs, non-LWR applicants under 10 CFR Part NRC expectations from LWR licensing 52 are required to include information in their experience should not be applied blindly to applications to address those requirements advanced reactors following NEI 18-04 identified as applicable in the ARCAP Roadmap guidance. In fact, applying LWR GSIs, USIs, ISG, Appendix B, Table 4.
and TMI action requirements to non-LWR advanced reactors stands the concept of risk- Regarding the discussion of providing a listing of informed, performance-based regulation on consensus codes and standards in summary form, its head. It adds an unnecessary backward- the NRC staff notes that this guidance is looking deterministic framework on top of consistent with the guidance found in the the systematic evaluation of safety provided ARCAP roadmap ISG Appendix A. In short, for by NEI 18-04. With respect to Item (2), preapplication activities, a prospective applicant regulatory guides are not regulatory should identify any consensus codes and requirements and most were developed for standards or code cases that have not been light water reactors. There should be no endorsed or previously accepted by the staff.
presumption that regulatory guides are to be applied to non- LWRs, and the NRC should The following was added to ARCAP roadmap be clear on that point in its ISG Section on SAR content for Chapters 1 guidance. The NEI 18-04 approach to through 8. The addition appears under the demonstrating safety is not centered around a section titled Additional Considerations.
deterministic checklist approach of following prescriptive guidance. If the NRC insists on An applicant should include summary tables with including a requirement that the applicant the following information, which appears in full catalog items like reg guides in Chapter 1 of elsewhere in the SAR:
31
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document the SAR, that guidance should make it clear that the Chapter 1 material is simply a list of (1) The generic safety issues, unresolved items included by the applicant in safety issues, and Three Mile Island subsequent sections of the SAR. The action items technically relevant to the discussion relative to Item 3 (codes and design, and the applicants proposed standards) is similar. Codes and standards resolution (for generic safety issues, see will be addressed in appropriate sections of NUREG-0933, Resolution of Generic the SAR. If the NRC insists on including Safety Issues. The guidance on lists of codes and standards in Chapter 1 of applicability of regulations in the SAR, it should be with the understanding Appendix B to the ARCAP Roadmap that any substantive information is reserved ISG may provide useful insights in this for later chapters. area.
Proposed Change (2) RGs directly applicable to the design, Please delete Addition C.2.e. However, if the and whether the applicant proposes an addition is retained, to the extent the NRC alternative approach to satisfy a uses terms like technically relevant and regulation rather than following the directly applicable to the design, clarify guidance in one of these RGs. If so, each that the NRC does not presume applicability alternative should be discussed in the of LWR regulatory guidance to non-LWRs relevant portions of the SAR, including following the NEI 18-04 methodology. the technical justification for the alternate Furthermore, if the NRC insists that approach.
applicants provide lists of documents in Chapter 1 (e.g., regulatory guides and/or (3) The consensus codes and standards (from codes and standards), make it clear that those ASME, the American Nuclear Society lists are simply catalogs of material (ANS), the American Concrete Institute addressed elsewhere in the SAR. (ACI), the Institute of Electrical and Electronics Engineers, etc.) used in the design, and whether the applicant proposes to request an exemption from or alternative to the IEEE standard that is incorporated by reference into 10 CFR 50.55a. Regarding ASME, ANS, ACI, or other codes and standards used in the 32
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document design, the applicant should also include a discussion of any departure from these codes and standards and, as applicable, departures from RGs in which the NRC staff endorsed the use of these codes and standards. In addition, codes and standards should also be discussed in the relevant portions of the SAR.
The guidance for providing these summary tables is consistent with previous NRC guidance for new reactors in RG 1.206, as well as the practice employed in FSARs for many operating plants. The staff finds these tables to be useful references during the review of applications, reports on changes to the licensing basis through applicable change processes (e.g., 10 CFR 50.59, Changes, tests and experiments), and license amendment requests.
NRC- Future guidance N/A - The NRC staff received a comment on DG- The NRC staff notes in its response to this 2022- under comment on 1404 Revision 0 that stated that the comment on DG-1404 revision 0, the information 0074- consideration DG-1404 following two sentences were has been removed from RG 1.253 and has been DRAFT- DANU- inappropriately included in DG-1404 relocated to the ARCAP roadmap ISG discussion 0006-D17 ISG-2022- revision 0: section on SAR content for the Chapters 1 01 The NRC staff notes that additional guidance through 8. Conforming changes were made to is being considered for development that would reflect that Appendix D of the ARCAP roadmap supplement the guidance in RG 1.247. ISG (and not Appendix A of the TICAP RG)
Appendix A of this document identifies identifies guidance that is under development guidance that is being considered for development that could result in a revision of this Draft RG.
33
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document NRC- NRC-Design N/A - The NRC staff received a comment on DG- The NRC staff notes in its response to this 2022- Review Guide comment on 1404 Revision 0 that stated a reference to comment on DG-1404 revision 0, the information 0074- on DG-1404 Design Review Guide (DRG) addressing has been removed from RG 1.253 and has been DRAFT- Instrumentation DANU- instrumentation and control is not relocated to the ARCAP roadmap ISG discussion 0006-D48 & Controls ISG-2022- appropriate to include in DG-1404. section on SAR content for the Chapters 1 01 through 8.
NRC- Codes and N/A - The NRC staff received a comment on DG- The NRC staff notes in its response to this 2022- Standards comment on 1404 Revision 0 that stated a discussion of comment on DG-1404 revision 0, the information 0074- DG-1404 RG 1.87 Revision 2, and associated has been removed from RG 1.253 and has been DRAFT- DANU- discussion with codes and standards is not relocated to the ARCAP roadmap ISG discussion 0006-D49 ISG-2022- appropriate to include in DG-1404. The section on SAR content for the Chapters 1 01 comment on DG-1404 is as follows: through 8.
Addition [DG-1404 Section] C.7.b(2) is The NRC staff notes that the information unnecessary and inappropriate. The addition provided in DG-1404 Section C.7.b(2) including imposes an additional SAR documentation the reference to RG 1.87, revision 2, requirement to justify the use of codes and Acceptability of ASME Code Section III, standards. This requirement goes beyond Division 5, 'High Temperature Reactors, and standard practice for light water reactors. the reference to materials compatibility guidance Moreover, it was never proposed by the being developed was provided as additional NRC during the extensive discussions that background that may be useful to license took place between industry and NRC applicants. However, this guidance is not concerning NEI 21-07. directly related to NRCs endorsement of NEI 21-07.
Proposed Change Please delete Addition C.7.b(2) On this basis DG-1404 Section C.7.b(2) has been deleted. However, the material in DG-1404 Section C.7.b(2) has been included in the SAR Section 1-8 of the Roadmap ISG for applicant awareness.
Regarding the use of codes and standards, the NRC staff has made changes as discussed in 34
Comment Topic Section of Specific Comments NRC Staff Response Identifier Document response to comment NRC-2022-0074-DRAFT-0006-D16. In addition, the NRC staff notes that the use of other codes and standards, or editions of the Code that have not been endorsed, for SR SSCs should be justified.
35