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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
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F. Issue Resolution Section VI
The purpose of Section VI of appendix A to 10 CFR part 52 is to identify the scope of issues that are resolved by the NRC through this final rule and, therefore, are matters resolved within the meaning and intent of 52.63a5. The section is divided into five parts: Paragraph VI.A
identifies the NRCs safety findings in adopting appendix A to 10 CFR part 52, paragraph VI.B identifies the scope and nature of issues that are resolved by this final rule, paragraph VI.C identifies issues that are not resolved by this final rule, paragraph VI.D identifies the issue finality restrictions applicable to the NRC with respect to appendix A to 10
CFR part 52, and paragraph VI.E
identifies the availability of secondary resources.
Paragraph VI.A describes the nature of the NRCs findings in general terms and makes the findings required by 52.54, Issuance of standard design certification, for the NRCs approval of this DC final rule.
Paragraph VI.B sets forth the scope of issues that may not be challenged as a matter of right in subsequent proceedings. The introductory phrase of paragraph VI.B clarifies that issue resolution, as described in the remainder of the paragraph, extends to the delineated NRC proceedings for plants referencing appendix A to 10
CFR part 52. The remainder of paragraph VI.B describes the categories of information for which there is issue resolution.
Paragraph VI.C reserves the right of the NRC to impose operational requirements on applicants that reference appendix A to 10 CFR part 52.
This provision reflects the fact that only some operational requirements, including portions of the generic technical specifications in Chapter 16 of the DCD, and no operational programs e.g., operational quality assurance, were completely reviewed by the NRC
in this DC final rule. However, those operational requirements that the NRC
completely reviewed and approved as documented in the NRCs final safety evaluation report, are subject to the change control provisions of paragraph VIII.C. The NRC notes that operational requirements may be imposed on licensees referencing this DC through the inclusion of license conditions in the license, or established by a COL
applicant or license holder through the inclusion with sufficient specificity of a description of the operational requirement in the plant-specific final
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safety analysis report.4 The NRCs choice of the regulatory vehicle for imposing the operational requirements will depend upon the following, among other things: 1 Whether the development and/or implementation of these requirements must occur prior to either the issuance of the COL or the Commission finding under 52.103g and 2 the nature of the change controls that are appropriate given the regulatory, safety, and security significance of each operational requirement.
Also, paragraph VI.C allows the NRC
to impose future operational requirements distinct from design matters on applicants who reference this DC. License conditions for portions of the plant within the scope of this DC
e.g., start-up and power ascension testing are not restricted by 52.63. The requirement to perform these testing programs is contained in the Tier 1
information. However, ITAAC cannot be specified for these subjects because the matters to be addressed in these license conditions cannot be verified prior to fuel load and operation, when the ITAAC are satisfied. In the absence of detailed design information to evaluate the need for and develop specific postfuel load verifications for these matters, the NRC is reserving the right to impose, at the time of COL issuance, license conditions addressing post-fuel load verification activities for portions of the plant within the scope of this DC.
Paragraph VI.D requires the NRC to follow the restrictions contained in Section VIII of appendix A to 10 CFR
part 52 when requiring generic or plantspecific modifications, changes, or additions to structures, systems, and components; design features; design criteria; and ITAAC within the scope of the certified design.
Paragraph VI.E provides that the NRC
will specify at an appropriate time the procedures on how to obtain access to sensitive unclassified and nonsafeguards information SUNSI and safeguards information SGI for the U.S.
ABWR DC renewal rule. Access to such information would be for the sole purpose of requesting or participating in certain specified hearings, such as hearings required by 52.85, Administrative review of applications;
hearings, or an adjudicatory hearing.
4 Certain activities ordinarily conducted following fuel load and therefore considered operational requirements, but which may be relied upon to support a Commission finding under 52.103g, may themselves be the subject of ITAAC to ensure implementation prior to the 52.103g finding.

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G. Duration of This Appendix Section VII
The purpose of Section VII of appendix A to 10 CFR part 52 is, in part, to specify the period during which this design certification may be referenced by an applicant or licensee for a COL, under 52.55, Conditions of construction permits, early site permits, combined licenses, and manufacturing licenses, and the period it will remain valid when the DC is referenced. For example, if a COL application references this DC during the 15-year period, then the DC would be effective for that COL
application until that COL application is withdrawn or the license issued on that COL application expires, including periods of operation under a renewed license. The NRC intends for appendix A to 10 CFR part 52 to remain valid for the life of the plants that reference the DC to achieve the benefits of standardization and licensing stability.
This means that changes to, or plantspecific departures from, information in the plant-specific DCD must be made under the change processes in Section VIII for the life of a plant that references this DC rule.
H. Processes for Changes and Departures Section VIII
The purpose of Section VIII of appendix A to 10 CFR part 52 is to set forth the processes for generic changes to, or plant-specific departures including exemptions from, the DCD.
The NRC adopted this restrictive change process in order to achieve a more stable licensing process for applicants and licensees that reference DC rules.
Section VIII is divided into three paragraphs, which correspond to Tier 1, Tier 2, and operational requirements.
Generic changes called modifications in 52.63a3 must be accomplished by rulemaking because the intended subject of the change is this DC final rule itself, as is contemplated by 52.63a1.
Consistent with 52.63a3, any generic rulemaking changes are applicable to all plants referencing this DC rule, absent circumstances which render the change technically irrelevant.
By contrast, plant-specific departures could be either required by an order to one or more applicants or licensees; or an applicant or licensee-initiated departure applicable only to that applicants or licensees plants, similar to a 50.59 departure or an exemption.
Because these plant-specific departures result in a DCD that is unique for that plant, Section X of appendix A to 10
CFR part 52 requires an applicant or licensee to maintain a plant-specific
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