82_FR_9268 82 FR 9246 - Guidance for Developing Principal Design Criteria for Non-Light Water Reactors

82 FR 9246 - Guidance for Developing Principal Design Criteria for Non-Light Water Reactors

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 22 (February 3, 2017)

Page Range9246-9247
FR Document2017-02298

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG), DG-1330, ``Guidance for Developing Principal Design Criteria for Non-Light Water Reactors.'' This DG is a proposed new regulatory guide (RG) to provide designers, applicants, and licensees of non-light water cooled nuclear reactors (non-LWR) guidance for developing principal design criteria (PDC) for a proposed facility. The PDC establish the necessary design, fabrication, construction, testing, and performance requirements for structures, systems, and components important to safety; that is, structures, systems, and components that provide reasonable assurance that the facility can be operated without undue risk to the health and safety of the public.

Federal Register, Volume 82 Issue 22 (Friday, February 3, 2017) 
[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Notices]
[Pages 9246-9247]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02298]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0016]


Guidance for Developing Principal Design Criteria for Non-Light 
Water Reactors

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory guide; request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment draft regulatory guide (DG), DG-1330, ``Guidance for 
Developing Principal Design Criteria for Non-Light Water Reactors.'' 
This DG is a proposed new regulatory guide (RG) to provide designers, 
applicants, and licensees of non-light water cooled nuclear reactors 
(non-LWR) guidance for developing principal design criteria (PDC) for a 
proposed facility. The PDC establish the necessary design, fabrication, 
construction, testing, and performance requirements for structures, 
systems, and components important to safety; that is, structures, 
systems, and components that provide reasonable assurance that the 
facility can be operated without undue risk to the health and safety of 
the public.

DATES: Submit comments by April 4, 2017. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to ensure consideration only for comments received on or before 
this date. Although a time limit is given, comments and suggestions in 
connection with items for inclusion in guides currently being developed 
or improvements in all published guides are encouraged at any time.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0016. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jan Mazza, Office of New Reactors, 
telephone: 301-415-0498, email: [email protected], or Mark Orr, Office 
of Nuclear Regulatory Research, telephone: 301-415-6003, email:

[[Page 9247]]

[email protected]. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0016 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0016.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected].
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2017-0016 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Additional Information

    The NRC is issuing for public comment a DG in the NRC's 
``Regulatory Guide'' series. This series was developed to describe and 
make available to the public information regarding methods that are 
acceptable to the NRC staff for implementing specific parts of the 
NRC's regulations, techniques that the staff uses in evaluating 
specific issues or postulated events, and data that the staff needs in 
its review of applications for permits and licenses.
    The DG, entitled ``Guidance for Developing Principal Design 
Criteria for Non-Light Water Reactors,'' is a proposed new RG. The 
proposed new RG is temporarily identified by its task number, DG-1330. 
The proposed new RG describes the NRC's proposed guidance on how the 
general design criteria (GDC) in Appendix A, ``General Design Criteria 
for Nuclear Power Plants,'' of title 10 of the Code of Federal 
Regulations, part 50, ``Domestic Licensing of Production and 
Utilization Facilities'' (10 CFR part 50) apply to non-LWR designs. 
This guidance may be used by non-LWR reactor designers, applicants, and 
licensees to develop PDC for non-LWR designs, as required by 10 CFR 
part 50 for an application for a construction permit, and 10 CFR part 
52 for an application for a design certification, combined license, 
standard design approval, or manufacturing license. The DG also 
describes the NRC's proposed guidance for modifying and supplementing 
the GDC to develop PDC that address two specific non-LWR design 
concepts: sodium-cooled fast reactors (SFRs), and modular high 
temperature gas-cooled reactors (mHTGRs).
    The advanced reactor design criteria (ARDC) are intended to be 
technology-neutral and, therefore, could apply to any type of non-LWR 
design. In July 2013, the NRC and U.S. Department of Energy (DOE) 
established a joint initiative to review and address the existing GDC, 
which may not directly apply to non-LWR power plant designs. During the 
review it was determined that the safety objective for some of the 
current GDC were not applicable to SFR and mHTGR technologies, so 
entirely new design criteria were developed to address their unique 
design features.

III. Backfitting and Issue Finality

    The purpose of DG-1330 is to provide regulatory guidance to assist 
future applicants in developing PDC for non-LWR designs. The NRC 
approves the PDC, which form part of the licensing basis for the 
facility. The DG, if finalized, would not constitute regulatory 
requirements. For this reason, issuance of DG-1330, if finalized, would 
not constitute backfitting under 10 CFR 50.109 (the ``Backfit Rule''). 
Future applicants may choose to follow the guidance or utilize another 
approach in developing principle design criteria for their facilities. 
Applicants and potential applicants are not, with certain exceptions, 
protected by either the Backfit Rule or any issue finality provisions 
under 10 CFR part 52. Neither the Backfit Rule nor the issue finality 
provisions under 10 CFR part 52--with certain exclusions discussed 
below--were intended to apply to every NRC action which substantially 
changes the expectations of current and future applicants. Therefore, 
the positions in any regulatory guide, if imposed on applicants under 
10 CFR 50.34(a)(3), 52.47(a)(3), 52.79(a)(4), 52.137(a)(3), or 
52.157(a), would not represent backfitting or a violation of issue 
finality (except as discussed below).
    The exceptions to the general principle are applicable whenever a 
combined license applicant references a 10 CFR part 52 license (i.e., 
an early site permit or a manufacturing license) and/or 10 CFR part 52 
regulatory approval (i.e., a design certification rule or design 
approval). There are no current non-LWR applicants or holders of 
licenses or design certifications for non-LWR designs. Therefore, 
issuance of DG-1330 in final form would not constitute a violation of 
issue finality.

    Dated at Rockville, Maryland, this 31st day of January, 2017.

    For the Nuclear Regulatory Commission.
Edward O'Donnell,
Acting Chief, Regulatory Guidance and Generic Issues Branch, Division 
of Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2017-02298 Filed 2-2-17; 8:45 am]
BILLING CODE 7590-01-P

9246 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices viewed as involving either safeguards, 73.5, the exemption is authorized by operator or a certified fuel handler, at a materials control, or managerial matters. law and will not endanger life or nuclear power plant reactor facility for Therefore, pursuant to § 51.22(b) and property or the common defense and which the certifications required under (c)(25), no environmental impact security, and is otherwise in the public 10 CFR 50.82(a)(1) have been submitted. statement or environmental assessment interest. Therefore, the Commission The exemption is effective upon need be prepared in connection with the hereby grants the licensee’s request for receipt. approval of this exemption request. an exemption from the requirements of V. Availability of Documents 10 CFR 73.55(p)(1)(i) and (ii), to IV. Conclusions authorize that the suspension of security The documents identified in the Accordingly, the Commission has measures must be approved as a following table are available to determined that, pursuant to 10 CFR minimum by either a licensed senior interested persons. ADAMS accession Title Date No. Exelon letter to NRC, ‘‘Permanent Cessation of Operations at Oyster Creek Nuclear Generating Station.’’ .. 1/07/2011 ML110070507 Exelon letter to NRC, Clinton Power Station, Unit 1, ‘‘Certification of Permanent Cessation of Power Oper- ations.’’ ........................................................................................................................................................... 6/20/2016 ML16172A137 Exelon letter to NRC, Quad Cities Nuclear Power Station, Units 1 and 2, ‘‘Certification of Permanent Ces- sation of Power Operations.’’ ......................................................................................................................... 6/20/2016 ML16172A151 NRC letter to Exelon, Oyster Creek Nuclear Generating Station; ‘‘Clinton Power Station, Unit No. 1; and Quad Cities Nuclear Power Station, Units 1 and 2—Approval of Certified Fuel Handler Training and Re- training Program.’’ .......................................................................................................................................... 9/06/2016 ML16222A787 Exelon letter to NRC, Clinton Power Station, Unit No. 1, Quad Cities Nuclear Power Station, Units 1 and 2, and Oyster Creek Nuclear Generating Station, ‘‘Request for Exemption from Specific Provisions in 10 CFR 7355(p)(1)(i) and (p)(1)(ii) Related to the Suspension of Security Measures in an Emergency or During Severe Weather.’’ ............................................................................................................................... 8/16/2016 ML16229A133 Exelon letter to NRC, Oyster Creek Nuclear Generating Station, ‘‘License Amendment Request—Proposed Changes to Technical Specifications Section 6.0 Administrative Controls for Permanently Defueled Con- dition’’ ............................................................................................................................................................. 5/17/2016 ML16138A129 Exelon letter to NRC, Clinton Power Station, Unit No. 1, ‘‘License Amendment Request—Proposed Changes to Technical Specifications Section 5.0 Administrative Controls for Permanently Defueled Con- dition’’ ............................................................................................................................................................. 7/28/2016 ML16210A300 Exelon letter to NRC, Quad Cities Nuclear Power Station, Units 1 and 2, ‘‘License Amendment Request— Proposed Changes to Technical Specifications Section 5.0 Administrative Controls for Permanently Defueled Condition ......................................................................................................................................... 10/20/2016 ML16294A203 Exelon Letter to NRC, Quad Cities Nuclear Power Station, Units 1 and 2, ‘‘Withdrawal of Certification of Permanent Cessation of Power Operations.’’ ................................................................................................ 12/14/2016 ML16349A311 Exelon Letter to NRC, Clinton Power Station, Unit No. 1, ‘‘Withdrawal of Certification of Permanent Ces- sation of Power Operations.’’ ......................................................................................................................... 12/14/2016 ML16349A314 Dated at Rockville, Maryland, this 23rd day Water Reactors.’’ This DG is a proposed ADDRESSES: You may submit comments of January 2017. new regulatory guide (RG) to provide by any of the following methods: For the Nuclear Regulatory Commission. designers, applicants, and licensees of • Federal Rulemaking Web site: Go to Anne T. Boland, non-light water cooled nuclear reactors http://www.regulations.gov and search Director, Division of Operating Reactor (non-LWR) guidance for developing for Docket ID NRC–2017–0016. Address Licensing, Office of Nuclear Reactor principal design criteria (PDC) for a questions about NRC dockets to Carol Regulation. proposed facility. The PDC establish the Gallagher; telephone: 301–415–3463; [FR Doc. 2017–02336 Filed 2–2–17; 8:45 am] necessary design, fabrication, email: Carol.Gallagher@nrc.gov. For BILLING CODE 7590–01–P construction, testing, and performance technical questions, contact the requirements for structures, systems, individuals listed in the FOR FURTHER and components important to safety; INFORMATION CONTACT section of this NUCLEAR REGULATORY that is, structures, systems, and document. COMMISSION components that provide reasonable • Mail comments to: Cindy Bladey, assurance that the facility can be Office of Administration, Mail Stop: [NRC–2017–0016] OWFN–12–H08, U.S. Nuclear operated without undue risk to the health and safety of the public. Regulatory Commission, Washington, Guidance for Developing Principal DC 20555–0001. Design Criteria for Non-Light Water DATES: Submit comments by April 4, For additional direction on obtaining Reactors 2017. Comments received after this date information and submitting comments, AGENCY: Nuclear Regulatory will be considered if it is practical to do see ‘‘Obtaining Information and Commission. so, but the NRC is able to ensure Submitting Comments’’ in the asabaliauskas on DSK3SPTVN1PROD with NOTICES consideration only for comments SUPPLEMENTARY INFORMATION section of ACTION: Draft regulatory guide; request for comment. received on or before this date. this document. Although a time limit is given, FOR FURTHER INFORMATION CONTACT: Jan SUMMARY: The U.S. Nuclear Regulatory comments and suggestions in Mazza, Office of New Reactors, Commission (NRC) is issuing for public connection with items for inclusion in telephone: 301–415–0498, email: comment draft regulatory guide (DG), guides currently being developed or Jan.Mazza@nrc.gov, or Mark Orr, Office DG–1330, ‘‘Guidance for Developing improvements in all published guides of Nuclear Regulatory Research, Principal Design Criteria for Non-Light are encouraged at any time. telephone: 301–415–6003, email: VerDate Sep<11>2014 17:26 Feb 02, 2017 Jkt 241001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\03FEN1.SGM 03FEN1

Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices 9247 Mark.Orr@nrc.gov. Both are staff of the Guide’’ series. This series was 50.109 (the ‘‘Backfit Rule’’). Future U.S. Nuclear Regulatory Commission, developed to describe and make applicants may choose to follow the Washington, DC 20555–0001. available to the public information guidance or utilize another approach in SUPPLEMENTARY INFORMATION: regarding methods that are acceptable to developing principle design criteria for the NRC staff for implementing specific their facilities. Applicants and potential I. Obtaining Information and parts of the NRC’s regulations, applicants are not, with certain Submitting Comments techniques that the staff uses in exceptions, protected by either the A. Obtaining Information evaluating specific issues or postulated Backfit Rule or any issue finality events, and data that the staff needs in provisions under 10 CFR part 52. Please refer to Docket ID NRC–2017– its review of applications for permits Neither the Backfit Rule nor the issue 0016 when contacting the NRC about and licenses. finality provisions under 10 CFR part the availability of information for this The DG, entitled ‘‘Guidance for 52—with certain exclusions discussed action. You may obtain publicly- Developing Principal Design Criteria for below—were intended to apply to every available information related to this Non-Light Water Reactors,’’ is a NRC action which substantially changes action by any of the following methods: proposed new RG. The proposed new the expectations of current and future • Federal Rulemaking Web site: Go to RG is temporarily identified by its task applicants. Therefore, the positions in http://www.regulations.gov and search number, DG–1330. The proposed new any regulatory guide, if imposed on for Docket ID NRC–2017–0016. RG describes the NRC’s proposed applicants under 10 CFR 50.34(a)(3), • NRC’s Agencywide Documents guidance on how the general design 52.47(a)(3), 52.79(a)(4), 52.137(a)(3), or Access and Management System criteria (GDC) in Appendix A, ‘‘General 52.157(a), would not represent (ADAMS): You may obtain publicly- Design Criteria for Nuclear Power backfitting or a violation of issue finality available documents online in the Plants,’’ of title 10 of the Code of (except as discussed below). ADAMS Public Documents collection at Federal Regulations, part 50, ‘‘Domestic The exceptions to the general http://www.nrc.gov/reading-rm/ Licensing of Production and Utilization principle are applicable whenever a adams.html. To begin the search, select Facilities’’ (10 CFR part 50) apply to combined license applicant references a ‘‘ADAMS Public Documents’’ and then non-LWR designs. This guidance may 10 CFR part 52 license (i.e., an early site select ‘‘Begin Web-based ADAMS be used by non-LWR reactor designers, permit or a manufacturing license) and/ Search.’’ For problems with ADAMS, applicants, and licensees to develop or 10 CFR part 52 regulatory approval please contact the NRC’s Public PDC for non-LWR designs, as required (i.e., a design certification rule or design Document Room (PDR) reference staff at by 10 CFR part 50 for an application for approval). There are no current non- 1–800–397–4209, 301–415–4737, or by a construction permit, and 10 CFR part LWR applicants or holders of licenses or email to pdr.resource@nrc.gov. 52 for an application for a design design certifications for non-LWR • NRC’s PDR: You may examine and certification, combined license, designs. Therefore, issuance of DG–1330 purchase copies of public documents at standard design approval, or in final form would not constitute a the NRC’s PDR, Room O1–F21, One manufacturing license. The DG also violation of issue finality. White Flint North, 11555 Rockville describes the NRC’s proposed guidance Pike, Rockville, Maryland 20852. for modifying and supplementing the Dated at Rockville, Maryland, this 31st day of January, 2017. B. Submitting Comments GDC to develop PDC that address two specific non-LWR design concepts: For the Nuclear Regulatory Commission. Please include Docket ID NRC–2017– sodium-cooled fast reactors (SFRs), and Edward O’Donnell, 0016 in your comment submission. modular high temperature gas-cooled Acting Chief, Regulatory Guidance and The NRC cautions you not to include reactors (mHTGRs). Generic Issues Branch, Division of identifying or contact information that The advanced reactor design criteria Engineering, Office of Nuclear Regulatory you do not want to be publicly (ARDC) are intended to be technology- Research. disclosed in your comment submission. neutral and, therefore, could apply to [FR Doc. 2017–02298 Filed 2–2–17; 8:45 am] The NRC will post all comment any type of non-LWR design. In July BILLING CODE 7590–01–P submissions at http:// 2013, the NRC and U.S. Department of www.regulations.gov as well as enter the Energy (DOE) established a joint comment submissions into ADAMS. initiative to review and address the POSTAL REGULATORY COMMISSION The NRC does not routinely edit existing GDC, which may not directly [Docket Nos. MC2017–82 and CP2017–111] comment submissions to remove apply to non-LWR power plant designs. identifying or contact information. During the review it was determined New Postal Products If you are requesting or aggregating that the safety objective for some of the comments from other persons for current GDC were not applicable to SFR AGENCY: Postal Regulatory Commission. submission to the NRC, then you should and mHTGR technologies, so entirely ACTION: Notice. inform those persons not to include new design criteria were developed to identifying or contact information that SUMMARY: The Commission is noticing address their unique design features. they do not want to be publicly recent Postal Service filings for the disclosed in their comment submission. III. Backfitting and Issue Finality Commission’s consideration concerning Your request should state that the NRC The purpose of DG–1330 is to provide negotiated service agreements. This regulatory guidance to assist future notice informs the public of the filing, asabaliauskas on DSK3SPTVN1PROD with NOTICES does not routinely edit comment submissions to remove such information applicants in developing PDC for non- invites public comment, and takes other before making the comment LWR designs. The NRC approves the administrative steps. submissions available to the public or PDC, which form part of the licensing DATES: Comments are due: February 7, entering the comment into ADAMS. basis for the facility. The DG, if 2017. finalized, would not constitute ADDRESSES: Submit comments II. Additional Information regulatory requirements. For this reason, electronically via the Commission’s The NRC is issuing for public issuance of DG–1330, if finalized, would Filing Online system at http:// comment a DG in the NRC’s ‘‘Regulatory not constitute backfitting under 10 CFR www.prc.gov. Those who cannot submit VerDate Sep<11>2014 17:26 Feb 02, 2017 Jkt 241001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\03FEN1.SGM 03FEN1


Document Created: 2018-02-01 14:34:40
Document Modified: 2018-02-01 14:34:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionDraft regulatory guide; request for comment.
DatesSubmit comments by April 4, 2017. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time.
ContactJan Mazza, Office of New Reactors, telephone: 301-415-0498, email: [email protected], or Mark Orr, Office of Nuclear Regulatory Research, telephone: 301-415-6003, email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation82 FR 9246 
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