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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules
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 10 CFR
50.150a. 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 10 CFR
50.150a1.
e. If a departure requires a license amendment under paragraph B.5.b or B.5.c of this section, it is governed by 10 CFR 50.90.
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 10 CFR 2.309, 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 stands on an asserted noncompliance with an ITAAC acceptance criterion in the case of a 52.103 preoperational hearing, or that the change stands 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
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a contention if it determines the petition raises a genuine issue of material fact regarding compliance with paragraph VIII.B.5
of this appendix.
C. Operational Requirements 1. Changes to NuScale design certification generic TS and other operational requirements that were completely reviewed and approved in the design certification rule and do not require a change to a design feature in the generic DCD are governed by the requirements in 10 CFR 50.109. Changes that require a change to a design feature in the generic DCD are governed by the requirements in paragraphs A or B of this section.
2. Changes to NuScale design certification generic TS and other operational requirements are applicable to all applicants who reference this appendix, except those for which the change has been rendered technically irrelevant by action taken under paragraphs C.3 or C.4 of this section.
3. The Commission may require plantspecific departures on generic TS and other operational requirements that were completely reviewed and approved, provided a change to a design feature in the generic DCD is not required and special circumstances, as defined in 10 CFR 2.335
are present. The Commission may modify or supplement generic TS and other operational requirements that were not completely reviewed and approved or require additional TS and other operational requirements on a plant-specific basis, provided a change to a design feature in the generic DCD is not required.
4. An applicant who references this appendix may request an exemption from the generic TS or other operational requirements.
The Commission may grant such a request only if it determines that the exemption will comply with the requirements of 52.7. The granting of an exemption must be subject to litigation in the same manner as other issues material to the license hearing.
5. A party to an adjudicatory proceeding for the issuance, amendment, or renewal of a license, or for operation under 52.103a, who believes that an operational requirement approved in the DCD or a TS derived from the generic TS must be changed, may petition to admit such a contention into the proceeding. The petition must comply with the general requirements of 2.309 of this chapter and must either demonstrate why special circumstances as defined in 2.335 of this chapter are present or demonstrate that the proposed change is necessary for compliance with the Commissions regulations in effect at the time this appendix was approved, as set forth in Section V of this appendix. Any other party may file a response to the petition. 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. All other issues with respect to the plant-specific TS or other operational requirements are subject to a hearing as part of the licensing proceeding.
6. After issuance of a license, the generic TS have no further effect on the plant-

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specific TS. Changes to the plant-specific TS
will be treated as license amendments under 10 CFR 50.90.
IX. Reserved X. Records and Reporting A. Records 1. The applicant for this appendix shall maintain a copy of the generic DCD that includes all generic changes that are made to Tier 1 and Tier 2, and the generic TS and other operational requirements. The applicant shall maintain the sensitive unclassified non-safeguards information including proprietary information and security-related information and safeguards information referenced in the generic DCD
for the period that this appendix may be referenced, as specified in Section VII of this appendix.
2. An applicant or licensee who references this appendix shall maintain the plantspecific DCD to accurately reflect both generic changes to the generic DCD and plant-specific departures made under Section VIII of this appendix throughout the period of application and for the term of the license including any periods of renewal.
3. An applicant or licensee who references this appendix shall prepare and maintain written evaluations which provide the bases for the determinations required by Section VIII of this appendix. These evaluations must be retained throughout the period of application and for the term of the license including any periods of renewal.
4.a. The applicant for NuScale shall maintain a copy of the aircraft impact assessment performed to comply with the requirements of 10 CFR 50.150a for the term of the certification including any period of renewal.
b. An applicant or licensee who references this appendix shall maintain a copy of the aircraft impact assessment performed to comply with the requirements of 10 CFR
50.150a throughout the pendency of the application and for the term of the license including any periods of renewal.
B. Reporting 1. An applicant or licensee who references this appendix shall submit a report to the NRC containing a brief description of any plant-specific departures from the DCD, including a summary of the evaluation of each departure. This report must be filed in accordance with the filing requirements applicable to reports in 52.3.
2. An applicant or licensee who references this appendix shall submit updates to its plant-specific DCD, which reflect the generic changes to and plant-specific departures from the generic DCD made under Section VIII of this appendix. These updates shall be filed under the filing requirements applicable to final safety analysis report updates in 10 CFR
50.71e and 52.3.
3. The reports and updates required by paragraphs X.B.1 and X.B.2 of this appendix must be submitted as follows:
a. On the date that an application for a license referencing this appendix is submitted, the application must include the report and any updates to the generic DCD.

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