STC-21-040, Direct Final Rule - Advanced Boiling Water Reactor Design Certification Renewal
| ML21034A618 | |
| Person / Time | |
|---|---|
| Issue date: | 07/02/2021 |
| From: | Coyne K NRC/NMSS/DREFS |
| To: | State, Agreement States, State, Non-Agreement States |
| D Andrukat, NMSS/REFS | |
| References | |
| CAC 001672, EPID U-2017-RU7-0003, NRC-2017-0090, RIN 3150-AK04, STC-21-040 | |
| Download: ML21034A618 (3) | |
Text
ALL AGREEMENT STATES, CONNECTICUT, INDIANA NON-AGREEMENT STATES STATE LIAISON OFFICERS FEDERALLY RECOGNIZED INDIAN TRIBES
SUBJECT:
RULEMAKING FOR THE ADVANCED BOILING WATER REACTOR DESIGN CERTIFICATION RENEWAL (STC-21-040)
Purpose:
To provide information on the U.S. Nuclear Regulatory Commissions (NRC) publication of the direct final rule for the certification renewal of the Advanced Boiling Water Reactor (ABWR) standard design.
Background:
GE-Hitachi Nuclear Energy submitted an application to the NRC on December 7, 2010, to renew the certification for the ABWR standard design for use in the United States.
More information about the original ABWR design review and the ABWR renewal review is available on the NRCs website.
Discussion: The NRC published a direct final rule and a companion proposed rule for the renewal certification of the ABWR standard design in the Federal Register on July 01, 2021 (86 FR 34905 - direct final rule; 86 FR 35023 - proposed rule). Comments on the companion proposed rule are due by August 02, 2021. The Federal Register notices contain details on how to submit comments. The Federal Register notice and documents related to this rulemaking are posted on the Federal e-Rulemaking Portal https://www.regulations.gov under Docket ID NRC-2017-0090.
Design certifications, which are valid for 15 years, mean that the NRC has found a design acceptable for referencing by a potential future license applicant. The NRC has certified six designs in the past, including the original ABWR. These certifications are appendices to Title 10 of the Code of Federal Regulations, Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants. The Commissions approval of this design certification renewal, by itself, does not grant approval for the construction of any ABWR nuclear power plant; rather, after the effective date of this rule, an applicant (typically a utility) would be able to reference the renewed standard design when applying for a Construction Permit, Operating License, or Combined License to build and operate a nuclear power plant. The original ABWR design certification is removed from the Code of Federal Regulations and cannot be referenced by future applicants. Matters resolved in a design certification rulemaking would not be reopened during a potential future reactor construction or licensing proceeding. As part of the review, the NRC also conducted an environmental assessment; the focus of this assessment was the applicants evaluation of design alternatives that could prevent or mitigate severe accidents.
For design certifications, there will be no impact to the environment because the applicant is seeking to certify a standard design rather than seeking to build a nuclear power plant. There are currently no planned license applications or identified sites for the renewed ABWR standard design in the United States; however, the NRC is informing states and federally recognized Tribes given the potential that this ABWR renewal could someday be referenced by a U.S. utility requesting an NRC license.
July 2, 2021
The NRC is using the direct final rulemaking process, which is a process reserved for non-controversial rulemakings. In this process, a proposed rule and final rule are published concurrently. The public and other parties have the opportunity to comment on the proposed rule during the associated public comment period. If no significant adverse comments are received, the final rule becomes effective on the date published in the original notice. If any significant adverse comments are received, the published final rule would be withdrawn. The NRC would revise the final rule to address public comments, as needed, and publish it as a separate issuance in the Federal Register.
For more general information about the NRC, what we regulate, how we regulate, and our rulemaking process, please visit our Web site at https://www.nrc.gov or view our Information Digest NUREG-1350 (https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1350/). For more specific information about the direct final rule process, please visit our Direct Final Rule Web site (https://www.nrc.gov/about-nrc/regulatory/rulemaking/rulemaking-process/direct-final-rule.html). You may also visit the NRCs public meeting Web site for information about any public meeting at https://www.nrc.gov/pmns/mtg. If you have any questions regarding the ABWR design certification renewal rulemaking or this correspondence, please contact the individuals named below:
POINT OF CONTACT: Dennis Andrukat E-MAIL: Dennis.Andrukat@nrc.gov TELEPHONE:
(301) 415-3561 POINT OF CONTACT: Jim Shea E-MAIL: James.Shea@nrc.gov TELEPHONE:
(301) 415-1388 Sincerely, Kevin Coyne, Deputy Director Division of Rulemaking, Environmental and Financial Support Office of Nuclear Material Safety and Safeguards Signed by Coyne, Kevin on 07/01/21
ML21034A618 OFFICE NMSS/REFS/RRPB NMSS/MSST/MSTB NMSS/REFS/RRPB NMSS/REFS/RRPB NAME DAndrukat LRakovan GLappert IBerrios DATE Feb 4, 2021 Feb 4, 2021 Feb 5, 2021 Feb 5, 2021 OFFICE NMSS/MSST/SALB NMSS/MSST/MSTB NRO/DSRA NMSS/REFS NAME BAnderson DAlley KCoyne KCoyne DATE Feb 8, 2021 Feb 8, 2021 Jul 1, 2021 Jul 2, 2021