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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Proposed Rules
B. The NuScale design is exempt from portions of the following regulations:
1. Paragraph f2vi of 10 CFR 50.34 and 10 CFR 50.46aHigh point venting for the reactor coolant system and reactor pressure vessel head.
2. Paragraph f2viii of 10 CFR 50.34
Post-accident sampling of the reactor coolant system and containment.
3. Paragraph f2xiii of 10 CFR 50.34
Power supplies for pressurizer heaters.
4. Paragraph f2xivE of 10 CFR
50.34Automatic closing of containment isolation systems on a high radiation signal.

5. Paragraph f2xx of 10 CFR 50.34
Power from vital buses and emergency power sources for pressurizer level indication.
6. Paragraph c2 of 10 CFR 50.44
Combustible gas control.
7. Paragraph a1i of 10 CFR 50.46
Applicability limited to reactor designs that use zircaloy or ZIRLO fuel rod cladding material.
8. Paragraph m of 10 CFR 50.54
Minimum Staffing. In lieu of these requirements, a licensee that references this appendix must comply with the following:
a. A senior operator licensed pursuant to part 55 of this chapter shall be present at the
facility or readily available on call at all times during its operation, and shall be present at the facility during initial startup and approach to power, recovery from an unplanned or unscheduled shutdown or significant reduction in power, and refueling, or as otherwise prescribed in the facility license.
b. Licensees shall meet the following requirements:
i. Each licensee shall meet the minimum licensed operator staffing requirements in the following table:

TABLE 1MINIMUM REQUIREMENTS PER SHIFT FOR ON-SITE STAFFING OF NUSCALE POWER PLANTS BY OPERATORS AND
SENIOR OPERATORS LICENSED UNDER 10 CFR PART 55
One to twelve units
Number of units operating a nuclear power unit is considered to be operating when it is in MODE 1, 2, or 3 as defined by the units technical specifications None
One to twelve

Position One control room Senior operator
Operator
Senior operator
Operator

1
2 3
3

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Source: Design Certification Application, Part 7, Section 6.1.3, Requested Action.
ii. Each facility licensee shall have at its site a person holding a senior operator license for all fueled units at the site who is assigned responsibility for overall plant operation at all times there is fuel in any unit. At all times any module is fueled, regardless of Mode, there must be a licensed operator or senior operator in the control room.
iii. When a nuclear power unit is in MODE
1, 2, or 3, as defined by the units technical specifications, each licensee shall have a person holding a senior operator license for the nuclear power unit in the control room at all times. In addition to this senior operator, a second person who is either a licensed operator or licensed senior operator shall be present at the controls at all times.
A third person who is either a licensed operator or licensed senior operator shall be in the control room envelope at all times.
iv. Each licensee shall have present, during alteration or movement of the core of a nuclear power unit including fuel loading, fuel transfer, or movement of a module that contains fuel, a person holding a senior operator license or a senior operator license limited to fuel handling to directly supervise the activity and, during this time, the licensee shall not assign other duties to this person.
9. Paragraph c1 of 10 CFR 50.62
Diverse equipment to initiate a turbine trip under conditions indicative of an anticipated transient without scram.
10. Appendix A of 10 CFR part 50
Electric Power Systems GDCs:
a. GDC 17Electric power systems for safety-related functions;
b. GDC 18Design to permit periodic inspection and testing of electric power systems;
c. GDC 34Electric power systems for residual heat removal;

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d. GDC 35Electric power systems for emergency core cooling;
e. GDC 38Electric power systems for containment heat removal;
f. GDC 41Electric power systems for containment atmosphere cleanup; and g. GDC 44Electric power systems for cooling.
11. Appendix A to 10 CFR part 50, GDC
19Equipment outside the control room with capability for cold shutdown of the reactor.
12. Appendix A to 10 CFR part 50, GDC
27Demonstration of long-term shutdown under post-accident conditions with an assumed worst rod stuck out.
13. Appendix A to 10 CFR part 50, GDC
33Reactor coolant makeup for protection against small breaks in the reactor coolant pressure boundary.
14. Appendix A to 10 CFR part 50, GDC
40Periodic pressure and functional testing of containment heat removal system.
15. Appendix A to 10 CFR part 50, GDC
52Design to allow periodic containment leakage rate testing.
16. Appendix A of 10 CFR part 50, GDCs 55, 56, and 57Containment Isolation:
a. GDC 55Isolation valves for certain reactor coolant pressure boundary lines penetrating containment;
b. GDC 56Isolation valves for certain primary containment lines; and c. GDC 57Isolation valves for certain closed systems lines.
17. Appendix K to 10 CFR part 50
Emergency Core Cooling System Evaluation Models:
a. Section I.A.4Heat generation rates from radioactive decay of fission products;
b. Section I.A.5Rate of energy release, hydrogen generation, and cladding oxidation from the metal/water reaction;

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c. Section I.BPredicting cladding swelling and rupture;
d. Section I.C.1.bCalculation of the discharge rate for all times after the discharging fluid has been calculated to be two-phase;
e. Section I.C.5.aPost-critical heat flux correlations of heat transfer from the fuel cladding to the surrounding fluid; and f. Section I.C.7.aCalculation of cross-flow between the hot and average channel regions of the core during blowdown.
VI. Issue Resolution A. The Commission has determined that the structures, systems, and components and design features of NuScale comply with the provisions of the Atomic Energy Act of 1954, as amended, and the applicable regulations identified in Section V of this appendix; and therefore, provide adequate protection to the health and safety of the public. A conclusion that a matter is resolved includes the finding that additional or alternative structures, systems, and components, design features, design criteria, testing, analyses, acceptance criteria, or justifications are not necessary for NuScale.
B. The Commission considers the following matters resolved within the meaning of 52.63a5 in subsequent proceedings for issuance of a COL, amendment of a COL, or renewal of a COL, proceedings held under 52.103, and enforcement proceedings involving plants referencing this appendix:
1. All nuclear safety issues associated with the information in the final safety evaluation report, Tier 1, Tier 2, and the rulemaking record for certification of the NuScale design, with the exception of the following:
a. Generic TS and other operational requirements;

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