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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules
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license amendment. Because of some differences in how the change control requirements are structured in the design certification rules, certain definitions contained in 50.59 are not applicable to 10 CFR part 52 and are not being included in this proposed rule.
The NRC is including a definition for Departure from a method of evaluation in paragraph II.F of appendix G to 10 CFR part 52, so that the eight criteria in paragraph VIII.B.5.b will be implemented for new reactors as intended.
C. Scope and Contents Section III
The purpose of Section III of appendix G to 10 CFR part 52 is to describe and define the scope and content of this design certification, explain how to obtain a copy of the generic DCD, identify requirements for incorporation by reference of the design certification rule, and set forth how documentation discrepancies or inconsistencies are to be resolved.
Paragraph III.A is the required statement of the Office of the Federal Register for approval of the incorporation by reference of the NuScale DCD, Revision 5. In addition, this paragraph provides the information on how to obtain a copy of the DCD.
Unlike previous design certifications, the documents submitted to the NRC by NuScale Power did not use the title Design Control Document; they used the title Design Certification Application instead.
Paragraph III.B is the requirement for COL applicants and licensees referencing the NuScale DCD. The legal effect of incorporation by reference is that the incorporated material has the same legal status as if it were published in the Code of Federal Regulations. This material, like any other properly issued regulation, has the force and effect of law. Tier 1 and Tier 2 information including the technical and topical reports referenced in the DCD Tier 2, Chapter 1 and generic technical specifications have been combined into a single document called the generic DCD in order to effectively control this information and facilitate its incorporation by reference into the rule.
In addition, paragraph III.B clarifies that the conceptual design information and NuScale Powers evaluation of severe accident mitigation design alternatives are not considered to be part of appendix G to 10 CFR part 52. As provided by 52.47a24, these conceptual designs are not part of appendix G to 10 CFR part 52 and, therefore, are not applicable to an application that references appendix G
to 10 CFR part 52. Therefore, an
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applicant would not be required to conform to the conceptual design information that was provided by the design certification applicant. The conceptual design information, which consists of site-specific design features, was required to facilitate the design certification review. Similarly, the severe accident mitigation design alternatives were required to facilitate the environmental assessment.
Paragraphs III.C and III.D set forth the manner by which potential conflicts are to be resolved and identify the controlling document. Paragraph III.C
establishes the Tier 1 description in the DCD as controlling in the event of an inconsistency between the Tier 1 and Tier 2 information in the DCD.
Paragraph III.D establishes the generic DCD as the controlling document in the event of an inconsistency between the DCD and the final safety evaluation report for the certified standard design.
Paragraph III.E makes it clear that design activities outside the scope of the design certification may be performed using actual site characteristics. This provision applies to site-specific portions of the plant, such as the administration building.
D. Additional Requirements and Restrictions Section IV
Section IV of appendix G to 10 CFR
part 52 sets forth additional requirements and restrictions imposed upon an applicant who references appendix G to 10 CFR part 52.
Paragraph IV.A sets forth the information requirements for COL
applicants and distinguishes between information and documents that must be included in the application or the DCD and those which may be incorporated by reference. Any incorporation by reference in the application should be clear and should specify the title, date, edition or version of a document, the page numbers, and tables containing the relevant information to be incorporated. The legal effect of such an incorporation by reference into the application is that appendix G to 10 CFR part 52 would be legally binding on the applicant or licensee.
In paragraph IV.B the NRC reserves the right to determine how appendix G
to 10 CFR part 52 may be referenced under 10 CFR part 50. This determination may occur in the context of a subsequent rulemaking modifying 10 CFR part 52 or this design certification rule, or on a case-by-case basis in the context of a specific application for a 10 CFR part 50
construction permit or operating license. This provision is necessary
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because the previous design certification rules were not implemented in the manner that was originally envisioned at the time that 10
CFR part 52 was issued. The NRCs concern is with the manner by which the inspections, tests, analyses, and acceptance criteria ITAAC were developed and the lack of experience with design certifications in a licensing proceeding. Therefore, it is appropriate that the NRC retain some discretion regarding the manner by which appendix G to 10 CFR part 52 could be referenced in a 10 CFR part 50 licensing proceeding.
E. Applicable Regulations Section V
The purpose of Section V of appendix G to 10 CFR part 52 is to specify the regulations that were applicable and in effect at the time this design certification was approved. These regulations consist of the technically relevant regulations identified in paragraph V.A, except for the regulations in paragraph V.B that would not be applicable to this certified design.
F. Issue Resolution Section VI
The purpose of Section VI of appendix G to 10 CFR part 52 is to identify the scope of issues that would be resolved by the NRC through this proposed rule and, therefore, are matters resolved within the meaning and intent of 52.63a5. The section is divided into five parts: Paragraph VI.A identifies the NRCs safety findings in adopting appendix G to 10 CFR part 52, paragraph VI.B identifies the scope and nature of issues that would be resolved by this proposed rule, paragraph VI.C identifies issues which are not resolved by this proposed rule, and paragraph VI.D identifies the issue finality restrictions applicable to the NRC with respect to appendix G to 10
CFR part 52.
Paragraph VI.A describes the nature of the NRCs findings in general terms and makes the findings required by 52.54
for the NRCs approval of this design certification proposed rule.
Paragraph VI.B sets forth the scope of issues that may not be challenged as a matter of right in subsequent proceedings. The introductory phrase of paragraph VI.B clarifies that issue resolution, as described in the remainder of the paragraph, extends to the delineated NRC proceedings referencing appendix G to 10 CFR part 52. The remainder of paragraph VI.B
describes the categories of information for which there is issue resolution.
Paragraph VI.C reserves the right of the NRC to impose operational
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