RIN 3150-AL26, STC-25-035 Rulemaking to Revise the Duration of Design Certifications
| ML25090A092 | |
| Person / Time | |
|---|---|
| Issue date: | 07/03/2025 |
| From: | Dafna Silberfeld NRC/NMSS/DMSST |
| To: | |
| References | |
| RIN 3150-AL26, NRC-2025-0018, STC-25-035 | |
| Download: ML25090A092 (1) | |
Text
ALL AGREEMENT STATES CONNECTICUT, INDIANA, WEST VIRGINIA STATE LIAISON OFFICERS ALL FEDERALLY RECOGNIZED AMERICAN INDIAN AND ALASKA NATIVE TRIBES NOTIFICATION OF RULEMAKING TO REVISE THE DURATION OF DESIGN CERTIFICATION (STC-25-035)
PURPOSE: To provide notice on the publication of the U.S. Nuclear Regulatory Commission (NRC) direct final rule and companion proposed rule to revise the duration of design certifications.
BACKGROUND: In November 2024, the Commission issued Staff Requirements Memorandum COMDAW-24-0001, Revising the Duration of Design Certifications (Agencywide Documents Access and Management System Accession No. ML24319A209), which directed the NRC staff to issue a direct final rule and companion proposed rule to revise the NRCs regulations to replace the current 15-year duration for design certifications with a 40-year duration period for design certifications currently in effect, as well as future design certification applications.
DISCUSSION: On July 2, 2025, the NRC published a direct final rule (90 FR 28869) and a companion proposed rule (90 FR 28911) to revise the duration of design certifications in the Federal Register (FR). Comments on the companion proposed rule are due by August 1, 2025.
The FR notices provide details on how to submit comments on this rulemaking. The FR notices and documents related to this rulemaking have been posted on the Federal rulemaking website https://www.regulations.gov under Docket ID NRC-2025-0018.
A design certification is an approval by the NRC of a standard nuclear power plant design independent of a specific site or an application to construct or operate a plant. A design certification does not authorize construction or operation of a plant. Rather, an applicant (typically a utility) can reference a design certification when applying for a construction permit, operating license, or combined license to build and operate a nuclear power plant. Matters resolved in a design certification rule are not reopened during a potential future reactor licensing proceeding. The NRC has certified seven designs in the past. Five certifications are currently in effect while two have expired, and this rulemaking does not apply to the expired certifications.
These certifications are appendices codified in Title 10 of the Code of Federal Regulations Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants.
Changing the duration of a design certification from 15 years to 40 years means that a design certification in effect can be referenced by an applicant for a longer period of time before the holder of the design certification would either have to submit an application to renew the certification or let the certification expire. As part of the rulemaking, the NRC also conducted an environmental assessment and determined that there will be no significant impact to the environment. In short, the finding of no significant impact is based on the NRCs established regulations in 10 CFR 51.32(b)(1)-(2) and the fact that a rule issuing or amending a design certification does not authorize the siting, construction, or operation of a facility referencing any July 3, 2025
particular design. The NRC will evaluate the environmental impacts and issue an environmental impact statement as appropriate under the National Environmental Policy Act as part of any application for the construction and operation of a facility referencing any particular design certification rule. The NRC is informing States and federally recognized Tribes given the potential that other U.S. utilities requesting an NRC license could reference design certifications.
The NRC is using the direct final rulemaking process, which is used for noncontroversial rulemakings. In this process, a direct final rule and a companion proposed rule are published concurrently in the FR. The public has the opportunity to comment on the companion proposed rule during the associated comment period. If no significant adverse comments are received, the rule becomes effective on the date stated in the direct final rule. If any significant adverse comments are received, the direct final rule is withdrawn in whole or in part before the specified effective date. The NRC would then address the significant adverse comments received on the companion proposed rule in a subsequent final rule or otherwise as appropriate.
For more general information about the NRC, what we regulate, how we regulate, and our rulemaking process, please visit our website at https://www.nrc.gov or view our Information Digest, NUREG-1350 (https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1350/). For additional information about the direct final rule process, please visit the NRCs Direct Final Rule website (https://www.nrc.gov/about-nrc/regulatory/rulemaking/rulemaking-process/direct-final-rule.html).
Enclosed with this letter is the direct final rule published in the FR and posted on the Federal rulemaking website (https://www.regulations.gov) under Docket ID NRC-2025-0018.
If you have any questions regarding this correspondence, please contact the individual named below:
POINT OF CONTACT: Daniel Doyle E-MAIL: Daniel.Doyle@nrc.gov TELEPHONE: (301) 415-3748 Dafna Silberfeld, Acting Director Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards
Enclosure:
Direct final rule Signed by Silberfeld, Dafna on 07/03/25