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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules
and recommendations ADAMS
Accession No. ML20211M386. The final safety evaluation report is a collection of reports written by the NRC
documenting the safety findings from its review of the standard design application, and it reflects all changes resulting from interactions with the ACRS as well as changes in the final version of the DCA. The final safety evaluation report reflects that NuScale Power has resolved all technical and safety issues with the exception of the three issues discussed previously. The final safety evaluation report describes the portions of the design that are not receiving finality in this rule and, therefore, will not be part of the certified design. The final safety evaluation report includes an index of all NRC requests for additional information, a chronology of all documents related to the NuScale DCA
review, and summaries of public meetings and audits.

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NuScale Design Certification Proposed Rule The following discussion describes the purpose and key aspects of each section of this NuScale design certification proposed rule. All section and paragraph references are to the provisions being added as appendix G
to 10 CFR part 52, unless otherwise noted. The NRC has modeled this NuScale design certification proposed rule on existing design certification rules, with certain modifications where necessary to account for differences in the design documentation, design features, and environmental assessment including severe accident mitigation design alternatives. As a result, design certification rules are standardized to the extent practical.
A. Introduction Section I
The purpose of Section I of appendix G to 10 CFR part 52 is to identify the standard design that would be approved by this design certification proposed rule and the applicant for certification of the standard design. Identification of the design certification applicant is necessary to implement appendix G to 10 CFR part 52 for two reasons. First, the implementation of 52.63c depends on whether an applicant for a COL contracts with the design certification applicant to obtain the generic DCD and supporting design information. If the COL applicant does not use the design certification applicant to provide the design information and instead uses an alternate nuclear plant vendor, then the COL applicant must meet the requirements in 52.73. Second,
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paragraph X.A.1 would require that the identified design certification applicant maintain the generic DCD throughout the time that appendix G to 10 CFR part 52 may be referenced.
B. Definitions Section II
The purpose of Section II of appendix G to 10 CFR part 52 is to define specific terminology with respect to this design certification proposed rule. During development of the first two design certification rules, the NRC decided that there would be both generic DCDs maintained by the NRC and the design certification applicant, as well as individual plant-specific DCDs maintained by each applicant or licensee that references a 10 CFR part 52
appendix. This distinction is necessary in order to specify the relevant plantspecific requirements to applicants and licensees referencing appendix G to 10
CFR part 52.
In order to facilitate the maintenance of the generic DCDs, the NRC requires that applicants for a standard design certification update their application to include an electronic copy of the final version of the DCD. The final version incorporates all amendments to the DCA
submitted since the original application and any changes directed by the NRC as a result of its review of the original DCA
or as a result of public comments. This final version is then incorporated by reference in the design certification rule.
Once incorporated by reference, the final version becomes the generic DCD, which will be maintained by the design certification applicant and the NRC and updated as needed to include any generic changes made after this design certification rulemaking. These changes would occur as the result of generic rulemaking by the NRC, under the change criteria in Section VIII of appendix G to 10 CFR part 52.
The NRC also requires each applicant and licensee referencing appendix G to 10 CFR part 52 to submit and maintain a plant-specific DCD as part of the COL
final safety analysis report. The plantspecific DCD must either include or incorporate by reference the information in the generic DCD. The COL licensee will be required to maintain the plantspecific DCD, updating it as necessary to reflect the generic changes to the DCD
that the NRC may adopt through rulemaking, plant-specific departures from the generic DCD that the NRC
imposes on the licensee by order, and any plant-specific departures that the licensee chooses to make in accordance with the relevant processes in Section VIII of appendix G to 10 CFR part 52.
A COL applicant may also have to include considerations for multi-module
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facilities in the plant-specific DCD that were not previously evaluated as part of the design certification rule, depending on the contents of the application.
Therefore, the plant-specific DCD
functions like an updated final safety analysis report because it would provide the most complete and accurate information on a plants design basis for that part of the plant that would be within the scope of appendix G to 10
CFR part 52.
The NRC is treating the technical specifications in Chapter 16, Technical Specifications, of the generic DCD as a special category of information and designating them as generic technical specifications in order to facilitate the special treatment of this information under appendix G to 10 CFR part 52. A
COL applicant must submit plantspecific technical specifications that consist of the generic technical specifications, which may be modified as specified in paragraph VIII.C, and the remaining site-specific information needed to complete the technical specifications. The final safety analysis report that is required by 52.79 will consist of the plant-specific DCD, the site-specific final safety analysis report, and the plant-specific technical specifications.
The terms Tier 1, Tier 2, and COL
items license information are defined in appendix G to 10 CFR part 52
because these concepts were not envisioned when 10 CFR part 52 was developed. The design certification applicants and the NRC use these terms in implementing a two-tiered rule structure the DCD is divided into Tier 1 and Tier 2 to support the rule structure that was proposed by representatives of the nuclear industry after publication of 10 CFR part 52. The Commission approved the use of the two-tiered rule structure in its staff requirements memorandum, dated February 15, 1991, on SECY90377, Requirements for Design Certification under 10 CFR part 52, dated November 8, 1990 ADAMS Accession No.
ML003707892.
Tier 1 information means the portion of the design-related information contained in the generic DCD that is approved and certified by this appendix. Tier 2 information means the portion of the design-related information contained in the generic DCD that is approved but not certified by this appendix. The change process for Tier 2 information is similar, but not identical to, the change process set forth in 50.59. The regulations in 50.59
describe when a licensee may make changes to a plant as described in its final safety analysis report without a
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