ML25076A696
| ML25076A696 | |
| Person / Time | |
|---|---|
| Issue date: | 07/02/2025 |
| From: | NRC/NMSS/DREFS/MRPB |
| To: | |
| References | |
| NRC-2025-0018, RIN 3150-AL26 | |
| Download: ML25076A696 (1) | |
Text
Unofficial Redline Rule Language for the Direct Final Rule Revising the Duration of Design Certifications NRC-2025-0018; RIN 3150-AL26 U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Office of Nuclear Material Safety and Safeguards July 2025
2 Introduction The U.S. Nuclear Regulatory Commission (NRC) is releasing this unofficial, informal redline to assist stakeholders in reviewing the changes that the direct final rule titled Revising the Duration of Design Certifications makes to the rule language in Title 10 of the Code of Federal Regulations (CFR) Part 52. On July 2, 2025, the NRC published in the Federal Register the direct final rule (https://www.federalregister.gov/d/2025-12396) and a companion proposed rule (https://www.federalregister.gov/d/2025-12397).
The underlying (unmarked) text in this document reflects the existing rule text as of the date of publication. The changes that the direct final rule makes to the rule text are marked in red.
Consistent with the rulemaking procedure described in the direct final rule and companion proposed rule, if the NRC withdraws the direct final rule, this redline should be understood to reflect the proposed changes to the rule text in the companion proposed rule.
This redline is not a substitute for reviewing the direct final rule and companion proposed rule. If any conflicts exist between this redline and the text of the direct final rule and companion proposed rule, the documents published in the Federal Register are the controlling documents.
This document includes asterisks to indicate omitted text that the direct final rule does not change.
3 Contents PART 52LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS..................................................................................................................................... 4 Subpart BStandard Design Certifications............................................................................ 4
§ 52.55 Duration of certification........................................................................................... 4
§ 52.57 Application for renewal........................................................................................... 4
§ 52.61 Duration of renewal................................................................................................ 5 Appendix A to Part 52Design Certification Rule for the U.S. Advanced Boiling Water Reactor................................................................................................................................... 5 Appendix D to Part 52Design Certification Rule for the AP1000 Design.............................. 5 Appendix E to Part 52Design Certification Rule for the ESBWR Design............................. 5 Appendix F to Part 52Design Certification Rule for the APR1400 Design............................ 5 Appendix G to Part 52Design Certification Rule for NuScale.............................................. 6
4 PART 52LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS Subpart BStandard Design Certifications
§ 52.55 Duration of certification.
(a) Except as provided in paragraph (b) of this section, a standard design certification issued under this subpart is valid for 15 40 years from the date of issuance.
(b) A standard design certification continues to be valid beyond the date of expiration in any proceeding on an application for a combined license or an operating license that references the standard design certification and is docketed either before the date of expiration of the certification, or, if a timely application for renewal of the certification has been filed, before the Commission has determined whether to renew the certification. A design certification also continues to be valid beyond the date of expiration in any hearing held under § 52.103 before operation begins under a combined license that references the design certification.
(c) An applicant for a construction permit or a combined license may, at its own risk, reference in its application a design for which a design certification application has been docketed but not granted.
§ 52.57 Application for renewal.
(a) Not less than 12 nor more than 36 months before the expiration of the initial 4015-year period, or any later renewal period, any person may apply for renewal of the certification. An application for renewal must contain all information necessary to bring up to date the information and data contained in the previous application. The Commission will require, before renewal of certification, that information normally contained in certain procurement specifications and construction and installation specifications be completed and available for audit if this information is necessary for the Commission to make its safety determination. Notice and comment procedures must be used for a rulemaking proceeding on the application for renewal.
The Commission, in its discretion, may require the use of additional procedures in individual renewal proceedings.
(b) A design certification, either original or renewed, for which a timely application for renewal has been filed remains in effect until the Commission has determined whether to renew the certification. If the certification is not renewed, it continues to be valid in certain proceedings, in accordance with the provisions of § 52.55.
(c) The Commission shall refer a copy of the application for renewal to the Advisory Committee on Reactor Safeguards (ACRS). The ACRS shall report on those portions of the application which concern safety and shall apply the criteria set forth in § 52.59.
5
§ 52.61 Duration of renewal.
Each renewal of certification for a standard design will be for not less than 10, nor more than 15 40 years.
Appendix A to Part 52Design Certification Rule for the U.S. Advanced Boiling Water Reactor VII. Duration of this Appendix This appendix may be referenced for a period of 15 40 years from September 29, 2021, except as provided for in §§ 52.55(b) and 52.57(b). This appendix remains valid for an applicant or licensee who references this appendix until the application is withdrawn, or the license expires or is terminated by the NRC, including any period of extended operation under a renewed license.
Appendix D to Part 52Design Certification Rule for the AP1000 Design VII. Duration of This Appendix This appendix may be referenced for a period of 20 40 years from February 27, 2006, except as provided for in 10 CFR 52.55(b) and 52.57(b). This appendix remains valid for an applicant or licensee who references this appendix until the application is withdrawn or the license expires, including any period of extended operation under a renewed license.
Appendix E to Part 52Design Certification Rule for the ESBWR Design VII. Duration of This Appendix This appendix may be referenced for a period of 15 40 years from November 14, 2014, except as provided for in §§ 52.55(b) and 52.57(b). This appendix remains valid for an applicant or licensee who references this appendix until the application is withdrawn or the license expires, including any period of extended operation under a renewed license.
Appendix F to Part 52Design Certification Rule for the APR1400 Design III. Scope and Contents
6 E. Design activities for structures, systems, and components that are entirely wholly outside the scope of this appendix may be performed using site characteristics, provided the design activities do not affect the DCD or conflict with the interface requirements.
VII. Duration of This Appendix This appendix may be referenced for a period of 15 40 years from September 19, 2019, except as provided for in §§ 52.55(b) and 52.57(b). This appendix remains valid for an applicant or licensee who references this appendix until the application is withdrawn or the license expires, including any period of extended operation under a renewed license.
Appendix G to Part 52Design Certification Rule for NuScale VII. Duration of This Appendix This appendix may be referenced for a period of 15 40 years from February 21, 2023, except as provided for in §§ 52.55(b) and 52.57(b). This appendix remains valid for an applicant or licensee who references this appendix until the application is withdrawn or the license expires, including any period of extended operation under a renewed license.