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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
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by this appendix. The change process for Tier 2 information is similar to, but not identical to, the change process set forth in 50.59, Changes, tests, and experiments. 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 license amendment. Because the change process for Tier 2 information provided in Section VIII of this appendix provides more specific criteria than 50.59, as described in 50.59c4, the definitions and criteria of 50.59 are not applicable to this process.
Certain Tier 2 information has been designated in the generic DCD with brackets, italicized text, and an asterisk as Tier 2 information and a plantspecific departure from Tier 2
information requires prior NRC
approval refer to Section IV.H of this document. However, the Tier 2
designation expires for some of this information when the facility first achieves full power after the finding required by 52.103g. The process for changing Tier 2 information and the time at which its status at Tier 2
expires is set forth in paragraph VIII.B.6
of this appendix. Some Tier 2
requirements concerning special preoperational tests are designated to be performed only for the first plant or first three plants referencing the U.S. ABWR
DC renewal rule. The Tier 2
designation for these selected tests will expire after the first plant or first three plants complete the specified tests.
However, a COL action item requires that subsequent plants also perform the tests or justify that the results of the first-plant-only or first-three-plants-only tests are applicable to the subsequent plant.
The NRC is including a definition for a Departure from a method of evaluation described in the plantspecific DCD used in establishing the design bases or in the safety analyses in paragraph II.G of this appendix, 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 A 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 U.S.
ABWR DC renewal final 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
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incorporation by reference of the U.S.
ABWR DCD, Revision 7, which includes a late correction to Tier 2, Chapter 5. In addition, this paragraph provides the information on how to obtain a copy of the DCD.
Paragraph III.B is the requirement for COL applicants and licensees referencing the U.S. ABWR DCD to comply with the requirements of this appendix in order to benefit from the issue finality afforded the certified design. 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 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 final rule. In addition, paragraph III.B
clarifies that the conceptual design information and GEHs evaluation of severe accident mitigation design alternatives as described in the Technical Support Document for the ABWR are not part of appendix A to 10 CFR part 52. As provided by 52.47a24, these conceptual designs are not part of appendix A to 10 CFR
part 52 and, therefore, are not applicable to an application that references appendix A to 10 CFR part 52.
Therefore, an applicant referencing appendix A to 10 CFR part 52 would not be required to conform to the conceptual design information that was provided by the DC applicant. The conceptual design information, which consists of site-specific design features, was required to facilitate the DC 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 DC may be performed using actual site characteristics, provided that the design activities do not affect the DCD or conflict with the interface requirements.
This provision applies to site-specific
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portions of the plant, such as the administration building.
D. Additional Requirements and Restrictions Section IV
Section IV of appendix A to 10 CFR
part 52 sets forth additional requirements and restrictions imposed upon an applicant who references appendix A 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 design control document 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 A 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 A
to 10 CFR part 52 may be referenced under 10 CFR part 50, Domestic licensing of production and utilization facilities. This determination may occur in the context of a subsequent rulemaking modifying 10 CFR part 52 or this DC 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 because the previous DC 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 DCs in a licensing proceeding. Therefore, it is appropriate that the NRC retain some discretion regarding the manner by which appendix A 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 A to 10 CFR part 52 is to specify the regulations that are applicable and in effect for the U.S. ABWR DC renewal.
These regulations consist of the technically relevant regulations identified in paragraph V.A, except for the regulations in paragraph V.B that are not applicable to this certified design.

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