View source for RIS 2010-01, Withdrawn NRC Regulatory Issue Summary 2010-01 - Process for Scheduling Acceptance Reviews of New Reactor Licensing Applications for Fy 2012

{{Adams
| number = ML093230517
| issue date = 02/03/2010
| title = Withdrawn NRC Regulatory Issue Summary 2010-01 - Process for Scheduling Acceptance Reviews of New Reactor Licensing Applications for Fy 2012
| author name = Mcginty T, Tracy G
| author affiliation = NRC/NRO/DCIP, NRC/NRR/DPR
| addressee name = 
| addressee affiliation = 
| docket = 
| license number = 
| contact person = Snyder  A, NRO/DNRL, 415-6822
| document report number = RIS-10-001
| document type = NRC Regulatory Issue Summary
| page count = 8
}}
{{#Wiki_filter:Withdrawn NRC Regulatory Issue Summary 2010-01, Process for Scheduling Acceptance Reviews of New Reactor Licensing Applications and Process for Determining Budget Needs for Fiscal Year 2012, dated February 3, 2010, has been withdrawn.

ADAMS Accession Number: ML093230517 See Federal Register notice dated October 25, 2016
                    81 FR 73448

UNITED STATES
                            NUCLEAR REGULATORY COMMISSION
                        OFFFICE OF NUCLEAR REACTOR REGULATION
                                   OFFICE OF NEW REACTORS
                                  WASHINGTON, DC 20555-0001 February 3, 2010
                  NRC REGULATORY ISSUE SUMMARY 2010-01 PROCESS FOR SCHEDULING ACCEPTANCE REVIEWS OF NEW
        REACTOR LICENSING APPLICATIONS AND PROCESS FOR
          DETERMINING BUDGET NEEDS FOR FISCAL YEAR 2012 

==ADDRESSEES==
All holders of, and applicants for, an early site permit (ESP), limited work authorization (LWA),
standard design certification (DC), or combined license (COL) for construction and operation of a nuclear power plant under the provisions of Title 10 of the Code of Federal Regulations
(10 CFR) Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants.

==INTENT==
The Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS) (1)
to assist the NRC in determining fiscal year (FY) 2012 resource and budget needs with respect to future construction-related activities and other anticipated 10 CFR Part 52 licensing actions,
(2) to communicate to stakeholders the agencys process for scheduling its acceptance reviews,
(3) to communicate to stakeholders that the NRC has expanded its scheduling process to include all potential 10 CFR Part 52 licensing actions and related activities (e.g., license amendments, topical report submissions, changes to applications other than revision changes that result in responses to requests for additional information (RAIs), ESP modification requests, and ESP transfer requests), and (4) to request that addressees consider submitting their construction plans and schedules for fabrication of large components and modules to the NRC,
when available. The submission of advance notice of addressee plans or changes to previously announced plans is strictly voluntary; therefore, no specific action or written response is required.

This RIS is intended to promote early communication between the NRC and addressees about potential 10 CFR Part 52 licensing actions and related activities submission dates and plans for construction activities. Some examples of these potential actions and related activities are: Any future applicant that intends to request an amendment to a DC or a DC renewal after April 2010;
any current 10 CFR Part 52 licensee (ESP holder) that intends to request a LWA, an amendment to its ESP, or a transfer of its ESP after April 2010; any current 10 CFR Part 52 applicant that intends to submit any change in the future to an application currently under NRC
review [excluding chapter revisions resulting from responses to staff RAIs] (i.e., a topical report, a LWA request, a change to a major feature of an emergency plan submittal, or a facility design change); any current 10 CFR Part 52 COL applicant that, if granted a COL, intends to submit amendments to its COL in FY 2012 (i.e., October 1, 2011, to September 30, 2012). This exchange of information will assist the NRC in allocating its fiscal year 2012 resources for acceptance reviews, anticipated licensing actions, and inspection support.

The concepts described in this RIS are consistent with the NRC policy on standardization as described in the Statement of Consideration for the original proposed rule in 10 CFR Part 52, titled, Early Site Permits, Standard Design Certifications and Combined Licenses for Nuclear Power Reactors, (53 Federal Register 32060) and apply to ESP, LWA, DC, and COL
applications submitted to the NRC. This RIS does not transmit or imply any new or changed requirements or staff positions. Although no specific action or written response is required, submission of the requested information will enable the NRC to more efficiently and effectively plan its licensing and inspection activities.

==BACKGROUND INFORMATION==
The NRC staff issued RIS 2006-06, New Reactor Standardization Needed To Support the Design-Centered Licensing Review Approach, on May 31, 2006, to explain the NRCs design- centered review approach (DCRA) for DC and COL applications and the level of standardization of a particular design needed to make the DCRA effective. The staff issued RIS 2007-08, Updated Licensing Submittal Information To Support the Design-Centered Licensing Review Approach, on April 16, 2007, to obtain updated information on the scheduling of ESP, COL,
and DC application submissions and on the extent to which applicants would support the NRCs DCRA. RIS 2007-08 promoted the standardization of COL applications and facilitated the establishment of a predictable and consistent method for reviewing applications. In addition, the NRC sought updated information on addressee activities related to safety and quality assurance requirements, environmental reviews, construction plans and preparation, and other pre- application activities.

To complement the DCRA approach and to support regulatory stability and predictability, each year since calendar year 2006, the staff issues a RIS to communicate to stakeholders the process that the NRC intends to use to enhance the agencys scheduling and resource allocation stability for 10 CFR Part 52 licensing actions. These RISs request the voluntary provision of expected application submission dates over the next fiscal year for NRC planning and budgeting purposes.

==SUMMARY OF ISSUE==
The NRC has received 18 COL applications since 2007, and it anticipates the submission of approximately two additional COL applications through 2011. The NRC is reviewing three DC
applications (for the economic simplified boiling-water reactor, U.S. Evolutionary Power Reactor, and U.S. Advanced Pressurized-Water Reactor), one amended DC application (for the AP1000), and one DC rule amendment (for the Advanced Boiling Water Reactor (ABWR)).
Potentially, NRC may receive two DC renewals for the ABWR and two or three ESP
applications in FY 2010. To enable the NRC to effectively schedule resources to review any new applications, modifications to current applications under its review (excluding chapter revisions resulting from RAI responses), ESP and license amendments, and DC amendments and renewals, it is highly beneficial for applicants and licensees to provide to the NRC their best estimate of the number of planned submissions, the complexity of those submissions, and their submission dates. The accuracy of these estimates will likely affect both the start date and the duration of the acceptance reviews. Furthermore, any requests for modifications or submittals of modifications to current applications that are under NRC review may significantly affect the established project schedule because of the possibility that new issues may raise potential technical discussion.

Similarly, the NRC staff will be able to more effectively and efficiently plan, schedule, and implement construction-related inspection activities in accordance with applicable NRC
inspection manual chapters if applicants and future licensees submit construction plans and schedules for the fabrication of modules and large components and submit inspections, tests, analyses, and acceptance criteria (ITAAC) review schedules to the NRC in a timely manner.

The advance notification of application submission dates will facilitate the likelihood of acceptance reviews requiring no more than 60 calendar days. 1 The staffs goal is to identify and obligate resources 45 days before the date it expects to receive an application. RIS 2009-
03, Process for Scheduling Acceptance Reviews of New Reactor Licensing Applications after April 2009 and Process for Determining Budget Needs for Fiscal Year 2011, dated February 12, 2009, presented the staffs process for scheduling application reviews with respect to expected submission dates and other pertinent information related to the commencement of the staffs review. The process is reiterated below to remind addressees of its steps and to emphasize its importance to the NRCs project planning and budgeting process for
10 CFR Part 52 application reviews. In addition, the staff has added clarifying comments based on the conduct of recent 10 CFR Part 52 acceptance reviews.

Declaration of the Expected Application Submission Date The NRC expects applicants to declare in writing their anticipated application submission date no later than 90 days in advance of the arrival of its submission. This expectation is consistent with the information the staff communicated to the design-centered working groups throughout
2007. Based on this expectation, the following criteria will apply:
The NRC will schedule its acceptance review to start on the next business day following the applicants expected application submission date (month, day, and year).
When applicants specify a month rather than a specific date, the NRC will assume that the application will arrive on the last day of the month, and the review will begin on the next business day.

Schedule Changes The NRC will allocate resources to accomplish an acceptance review based on the applicants declaration of an expected submission date. Therefore, given the workload, the staff will be unable to readily accommodate a late notice of schedule changes made by the applicant. The following will result from schedule changes:
If the applicant submits an application early, the start and completion dates for the acceptance review will not change. However, if resources are available, the staff will begin its review of the application ahead of the scheduled start date.

1 As stated in RIS 2007-25, Combined License Application Acceptance Review Process, dated December 18, 2007, the Commission approved the COL Task Forces recommendation to extend the 30-day acceptance review to a 60-day acceptance review for COL applications. Because DC applications require extensive reviews, the staff is also scheduling a 60-day acceptance review for DCs. If the applicant is late in submitting its application, the staff will discuss the start date with the applicant based on the availability of staff resources needed to perform the review.

As a revision to previous requests for new construction information, if a potential applicant has projected a submission date beyond FY 2012, then the NRC asks that it revisit its estimated projected submission date on an annual basis and inform the NRC, in writing, of the projected application submission date.

Advance Issuance of Acceptance Review Schedule and Start of Application Review The staff will make its schedule for acceptance reviews publicly available approximately 30 days before the projected start date.

As a revision to internal NRC procedures, the NRC no longer projects any delays in scheduling review completions. There may be a delay between the scheduled completion of the acceptance review and the scheduled start of the application review to accommodate potential minor delays in the acceptance review schedule in a manner that does not result in rescheduling extensive resources. Furthermore, for COL applications, it should be understood that the start of a detailed review is dependent upon docketing and other considerations, such as the applicants intended construction and operation plans and whether the NRC staff or NRC
contractors will conduct the review. The NRCs goal is to focus on those COL applications with plans for construction and operation designated for completion by FY 2017 or sooner, in the event a COL is issued.

Testing of an Application for Automatic Uploading Applicants or licensees are strongly encouraged to test the ability of NRC systems to automatically upload their applications for distribution before actual submission. Failure to pretest this feature could delay the start date of the acceptance review if problems are encountered that prevent the NRC from electronically distributing the application to the technical reviewers.

==VOLUNTARY RESPONSE==
The staff is seeking notification on the number and the degree of complexity of ESP, LWA, DC,
and COL applications, and any other licensing requests that applicants expect to submit in FY 2012, no later than 30 days from the date of this RIS. This information will assist the staff in determining FY 2012 budget needs.

The staff is seeking notification of any changes to previously announced or submitted schedules concerning the construction of power reactors under 10 CFR Part 52. In support of staffing and planning, this includes projected submission dates beyond FY 2012.

To ensure that the NRC can effectively schedule resources and to facilitate the achievement of an acceptance review of 60 calendar days, the staff requests that, 90 days before the expected submission date, an applicant or licensee (as applicable) declare the expected submission date (month, day, and year) and the degree of complexity of each of its ESP, LWA, DC, and partial or complete COL applications or licensing action request that it intends to submit to the NRC. In addition, the NRC staff is requesting the voluntary submission to the NRC of addressee construction plans and schedules for the fabrication of large components and modules, when available.

==Addressees==
that choose to provide a voluntary response should send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001.

==BACKFIT DISCUSSION==
This RIS is being issued to inform stakeholders of a revision to existing internal NRC
procedures applicable to power reactor applications under 10 CFR Part 52 and to request the voluntary submission of information. These internal processes do not affect licensee procedures required for constructing or operating a power plant. The information requested will be used for internal NRC planning and budgeting. This RIS requires no action or written response.

Any action on the part of an addressee to provide information on advance notice of its intent to pursue an ESP, LWA, DC, or COL application or licensing action, in accordance with the requests contained in this RIS is for the purpose of aiding the NRC in planning the use of its resources and is strictly voluntary. Therefore, it does not constitute a backfit under
10 CFR 50.109, Backfitting, and a backfit analysis is not required.

===FEDERAL REGISTER NOTIFICATION===
The NRC did not publish a notice of opportunity for public comment on this RIS in the Federal Register because it pertains to an administrative aspect of the regulatory process that involves the voluntary submission of information on the part of addressees and does not represent a departure from current regulatory requirements.

===CONGRESSIONAL REVIEW ACT===
The NRC has determined that this RIS is not a rule as designated by the Congressional Review Act (5 U.S.C. 801-808) and, therefore, is not subject to the Act.

===PAPERWORK REDUCTION ACT STATEMENT===
This RIS contains information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Office of Management and Budget (OMB)
approved these information collections under OMB control number 3150-0151.

The burden to the public for this voluntary information collection is estimated to average 8 hours per response, including the time necessary for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the information collection. Send comments on this burden estimate or any other aspects of these information collections, including suggestions for reducing the burden, to the Records and Freedom of Information Act/Privacy Services Branch (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by e-mail to infocollects@nrc.gov, and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB-10202 (OMB 3150-0051),
Office of Management and Budget, Washington, DC 20503.

===PUBLIC PROTECTION NOTIFICATION===
The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number.

==CONTACT==
S
Please direct any questions about this matter to the technical contacts listed below.

/RA/                                          /RA/
Timothy J. McGinty, Director                         Glenn M. Tracy, Director Division of Policy and Rulemaking                    Division of Construction Inspection and Office of Nuclear Reactor Regulation                         Operational Programs Office of New Reactors Technical Contacts:    Steven Bloom                  Amy M. Snyder
                       (301) 415-2431                (301) 415-6822 Steven.Bloom@nrc.gov          Amy.Snyder@nrc.gov Note: NRC generic communications may be found on the NRC public Web site, http://www.nrc.gov, under Electronic Reading Room/Document Collections.

===PUBLIC PROTECTION NOTIFICATION===
The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number.

==CONTACT==
S
Please direct any questions about this matter to the technical contacts listed below.

/RA/                                           /RA/
Timothy J. McGinty, Director                           Glenn M. Tracy, Director Division of Policy and Rulemaking                      Division of Construction Inspection and Office of Nuclear Reactor Regulation                   Operational Programs Office of New Reactors Technical Contacts:    Steven Bloom                    Amy M. Snyder
                       (301) 415-2431                  (301) 415-6822 Steven.Bloom@nrc.gov            Amy.Snyder@nrc.gov Note: NRC generic communications may be found on the NRC public Web site, http://www.nrc.gov, under Electronic Reading Room/Document Collections.

DISTRIBUTION:
NRO Distribution ADAMS Accession Number: ML093230517                                                  ME3047 OFFICE    NRO/DNRL      NRO/DNRL/NPLS      Tech Editor   NRO/DNRL     NRR/DORL        OE
                                           KAzariah- NAME      ASnyder       SBloom                           DMatthews    JGiitter        RZimmerman Kribss DATE      11/18/2009    11/19/2009         11/23/2009    12/11/2009   12/10/2009      12/10/2009 OFFICE    OGC/NLO       OGC/CRA            OIS           NRR/DPR/LA   NRR/DPR/GCB     NRR/DPR/GCB
          JBielecki NAME                    LGoldin            TBoyce        CHawes       SStuchell       MMurphy w/comments DATE      12/22/2009    12/14/2009         12/09/2009    1/ 11 /2010  1/ 11 /2010     1/27/2010
OFFICE    NRR/DPR       NRO/DCIP           NRO/DCIP
                        JTappert w/
NAME      TMcGinty                         GTracy comments DATE      02/03/2010    12/15/2009         02/01/2010
                                      OFFICIAL RECORD COPY
}}

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