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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
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plant-specific orders are governed by the requirements in 52.63a4.
4. Exemptions from Tier 1 information are governed by the requirements in 52.63b1 and 52.98f. The Commission will deny a request for an exemption from Tier 1, if it finds that the design change will result in a significant decrease in the level of safety otherwise provided by the design.
B. Tier 2 Information 1. Generic changes to Tier 2 information are governed by the requirements in 52.63a1.
2. Generic changes to Tier 2 information are applicable to all applicants or licensees who reference this appendix, except those for which the change has been rendered technically irrelevant by action taken under paragraph B.3, B.4, or B.5, of this section.
3. The Commission may not require new requirements on Tier 2 information by plantspecific order, while this appendix is in effect under 52.55 or 52.61, unless:
a. A modification is necessary to secure compliance with the Commissions regulations applicable and in effect at the time this appendix was approved, as set forth in Section V of this appendix, or to ensure adequate protection of the public health and safety or the common defense and security;
and b. Special circumstances as defined in 50.12a of this chapter are present.
4. An applicant or licensee who references this appendix may request an exemption from Tier 2 information. The Commission may grant such a request only if it determines that the exemption will comply with the requirements of 50.12a of this chapter.
The Commission will deny a request for an exemption from Tier 2, if it finds that the design change will result in a significant decrease in the level of safety otherwise provided by the design. The granting of an exemption to an applicant must be subject to litigation in the same manner as other issues material to the license hearing. The granting of an exemption to a licensee must be subject to an opportunity for a hearing in the same manner as license amendments.
5.a. An applicant or licensee who references this appendix may depart from Tier 2 information, without prior NRC
approval, unless the proposed departure involves a change to or departure from Tier 1 information, Tier 2 information, or the TS, or requires a license amendment under paragraph B.5.b or B.5.c of this section. When evaluating the proposed departure, an applicant or licensee shall consider all matters described in the plant-specific DCD.
b. A proposed departure from Tier 2, other than one affecting resolution of a severe accident issue identified in the plant-specific DCD or one affecting information required by 52.47a28 to address aircraft impacts, requires a license amendment if it would:
1 Result in more than a minimal increase in the frequency of occurrence of an accident previously evaluated in the plant-specific DCD;
2 Result in more than a minimal increase in the likelihood of occurrence of a malfunction of a structure, system, or component important to safety and
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previously evaluated in the plant-specific DCD;
3 Result in more than a minimal increase in the consequences of an accident previously evaluated in the plant-specific DCD;
4 Result in more than a minimal increase in the consequences of a malfunction of a structure, system, or component important to safety previously evaluated in the plantspecific DCD;
5 Create a possibility for an accident of a different type than any evaluated previously in the plant-specific DCD;
6 Create a possibility for a malfunction of a structure, system, or component important to safety with a different result than any evaluated previously in the plant-specific DCD;
7 Result in a design-basis limit for a fission product barrier as described in the plant-specific DCD being exceeded or altered;
or 8 Result in a departure from a method of evaluation described in the plant-specific DCD used in establishing the design bases or in the safety analyses.
c. A proposed departure from Tier 2, affecting resolution of an ex-vessel severe accident design feature identified in the plant-specific DCD, requires a license amendment if:
1 There is a substantial increase in the probability of an ex-vessel severe accident such that a particular ex-vessel severe accident previously reviewed and determined to be not credible could become credible; or 2 There is a substantial increase in the consequences to the public of a particular exvessel severe accident previously reviewed.
d. A proposed departure from Tier 2
information required by 52.47a28 to address aircraft impacts shall consider the effect of the changed design feature or functional capability on the original aircraft impact assessment required by 50.150a of this chapter. The applicant or licensee shall describe, in the plant-specific DCD, how the modified design features and functional capabilities continue to meet the aircraft impact assessment requirements in 50.150a1 of this chapter.
e. If a departure requires a license amendment under paragraph B.5.b or B.5.c of this section, it is governed by 50.90 of this chapter.
f. A departure from Tier 2 information that is made under paragraph B.5 of this section does not require an exemption from this appendix.
g. A party to an adjudicatory proceeding for either the issuance, amendment, or renewal of a license or for operation under 52.103a, who believes that an applicant or licensee who references this appendix has not complied with paragraph VIII.B.5 of this appendix when departing from Tier 2
information, may petition to admit into the proceeding such a contention. In addition to complying with the general requirements of 2.309 of this chapter, the petition must demonstrate that the departure does not comply with paragraph VIII.B.5 of this appendix. Further, the petition must demonstrate that the change bears on an
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asserted noncompliance with an ITAAC
acceptance criterion in the case of a 52.103
preoperational hearing, or that the change bears directly on the amendment request in the case of a hearing on a license amendment. Any other party may file a response. If, on the basis of the petition and any response, the presiding officer determines that a sufficient showing has been made, the presiding officer shall certify the matter directly to the Commission for determination of the admissibility of the contention. The Commission may admit such a contention if it determines the petition raises a genuine issue of material fact regarding compliance with paragraph VIII.B.5
of this appendix.
6.a. An applicant who references this appendix may not depart from Tier 2
information, which is designated with brackets, italicized text, and an asterisk in the generic DCD, without NRC approval. The departure will not be considered a resolved issue, within the meaning of Section VI of this appendix and 52.63a5.
b. A licensee who references this appendix may not depart from the following Tier 2
matters without prior NRC approval. A
request for a departure will be treated as a request for a license amendment under 10
CFR 50.90.
1 Fuel burnup limit 4.2.
2 Fuel design evaluation 4.2.3.
3 Fuel licensing acceptance criteria Appendix 4B.
c. A licensee who references this appendix may not, before the plant first achieves full power following the finding required by 10
CFR 52.103g, depart from the following Tier 2 matters except in accordance with paragraph B.6.b of this section. After the plant first achieves full power, the following Tier 2 matters revert to Tier 2 status and are thereafter subject to the departure provisions in paragraph B.5 of this section.
1 ASME Boiler & Pressure Vessel Code, Section III.
2 ACI 349 and ANSI/AISC N690.
3 Motor-operated valves.
4 Equipment seismic qualification methods.
5 Piping design acceptance criteria.
6 Fuel system and assembly design 4.2, except burnup limit.
7 Nuclear design 4.3.
8 Equilibrium cycle and control rod patterns Appendix 4A.
9 Control rod licensing acceptance criteria Appendix 4C.
10 Instrument setpoint methodology.
11 EMS performance specifications and architecture.
12 SSLC hardware and software qualification.
13 Self-test system design testing features and commitments.
14 Human factors engineering design and implementation process.
d. Departures from Tier 2 information that are made under paragraph B.6 of this section do not require an exemption from this appendix.
C. Operational Requirements 1. Changes to U.S. ABWR DC generic TS
and other operational requirements that were
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