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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules b. The adequacy of the design of the shield wall between the NuScale power module and the reactor building steam gallery to limit potential radiological doses consistent with the radiation zones specified in design certification application Part 2, Tier 2, Chapter 12, Figure 12.31, Reactor Building Radiation Zone Map;
c. the adequacy of the design of the systems used for post-accident hydrogen and oxygen monitoring described in design certification application Part 2, Tier 2, Section 6.2.5 to meet the requirements of 10
CFR 50.34f2vii, 10 CFR
50.34f2xxviii, and 10 CFR 52.47a2iv, with respect to radiological releases caused by leakage from these systems under accident conditions; and d. the ability of the steam generator tubes to maintain structural and leakage integrity during density wave oscillations in the secondary fluid system, including the method of analysis to predict the thermalhydraulic conditions of the steam generator secondary fluid system and resulting loads, stresses, and deformations from density wave oscillations and reverse flow, consistent with the other design information regarding steam generator integrity described in DCA Part 2, Tier 2, Sections 3.9.1, 3.9.2, 5.4.1, and 15.6.3, and in accordance with 10 CFR part 50, GDC
4, 10, and 31;
2. All nuclear safety and safeguards issues associated with the referenced information in the non-public documents in Tables 1.61
and 1.62 of Tier 2 of the DCD, which contain sensitive unclassified non-safeguards information including proprietary information and security-related information and safeguards information and which, in context, are intended as requirements in the generic DCD for the NuScale design;
3. All generic changes to the DCD under and in compliance with the change processes in paragraphs VIII.A.1 and VIII.B.1 of this appendix;
4. All exemptions from the DCD under and in compliance with the change processes in paragraphs VIII.A.4 and VIII.B.4 of this appendix, but only for that plant;
5. All departures from the DCD that are approved by license amendment, but only for that plant;
6. Except as provided in paragraph VIII.B.5.g of this appendix, all departures from Tier 2 under and in compliance with the change processes in paragraph VIII.B.5 of this appendix that do not require prior NRC
approval, but only for that plant; and 7. All environmental issues concerning severe accident mitigation design alternatives associated with the information in the NRCs environmental assessment for NuScale ADAMS Accession No. ML19303C179 and DCD Part 3, Applicants Environmental ReportStandard Design Certification, Revision 5, dated July 2020 ADAMS
Accession No. ML20224A512, for plants referencing this appendix whose site characteristics fall within those site parameters specified in the NuScale environmental report.
C. The Commission does not consider operational requirements for an applicant or licensee who references this appendix to be matters resolved within the meaning of
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52.63a5. The Commission reserves the right to require operational requirements for an applicant or licensee who references this appendix by rule, regulation, order, or license condition.
D. Except under the change processes in Section VIII of this appendix, the Commission may not require an applicant or licensee who references this appendix to:
1. Modify structures, systems, and components or design features as described in the generic DCD;
2. Provide additional or alternative structures, systems, and components or design features not discussed in the generic DCD; or 3. Provide additional or alternative design criteria, testing, analyses, acceptance criteria, or justification for structures, systems, and components or design features discussed in the generic DCD.
E. The NRC will specify, at an appropriate time, the procedures to be used by an interested person who wishes to review portions of the design certification or references containing safeguards information or sensitive unclassified non-safeguards information including proprietary information, such as trade secrets and commercial or financial information obtained from a person that are privileged or confidential 10 CFR 2.390 and 10 CFR part 9, and security-related information, for the purpose of participating in the hearing required by 52.85, the hearing provided under 52.103, or in any other proceeding relating to this appendix, in which interested persons have a right to request an adjudicatory hearing.
VII. Duration of This Appendix This appendix may be referenced for a period of 15 years from October 29, 2021, except as provided for in 52.55b and 52.57b. This appendix remains valid for an applicant or licensee who references this appendix until the application is withdrawn or the license expires, including any period of extended operation under a renewed license.
VIII. Processes for Changes and Departures A. Tier 1 Information 1. Generic changes to Tier 1 information are governed by the requirements in 52.63a1.
2. Generic changes to Tier 1 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 paragraphs A.3 or A.4 of this section.
3. Departures from Tier 1 information that are required by the Commission through 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.

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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 paragraphs 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 10
CFR 50.12a 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 10 CFR 50.12a. 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, 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 plantspecific 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 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;

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