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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations Water Reactor design certification appendix A to 10 CFR part 52 and the System 80+ design certification appendix B to 10 CFR part 52. During this development process, these applicants requested that the amount of information in Tier 1 be minimized to provide additional flexibility for an applicant or licensee who references these appendices. Also, many codes, standards, and design processes that were not specified in Tier 1 as acceptable for meeting ITAACs were specified in Tier 2. The result of these departures is that certain significant information exists only in Tier 2 and the Commission does not want this significant information to be changed without prior NRC approval. This Tier 2 information is identified in the generic DCD with brackets, italicized text, and an asterisk.
Although the Tier 2 designation was originally intended to last for the lifetime of the facility, like Tier 1
information, the NRC determined that some of the Tier 2 information could expire when the plant first achieves full 100 percent power, after the finding required by 10 CFR 52.103g, while other Tier 2 information must remain in effect throughout the life of the facility. The factors determining whether Tier 2 information could expire after full power is first achieved first full power were whether the Tier 1 information would govern these areas after first full power and the NRCs determination that prior approval was required before implementation of the change due to the significance of the information. Therefore, certain Tier 2
information listed in paragraph VIII.B.6.c ceases to retain its Tier 2
designation after full power operation is first achieved following the Commission finding under 10 CFR 52.103g.
Thereafter, that information is deemed to be Tier 2 information that is subject to the departure requirements in paragraph VIII.B.5. By contrast, the Tier 2 information identified in paragraph VIII.B.6.b retains its Tier 2 designation throughout the duration of the license, including any period of license renewal.
If Tier 2 information is changed in a generic rulemaking, the designation of the new information Tier 1, 2, or 2
will also be determined in the rulemaking and the appropriate process for future changes will apply. If a plantspecific departure is made from Tier 2
information, then the new designation will apply only to that plant. If an applicant who references this design certification makes a departure from Tier 2 information, the new information will be subject to litigation in the same manner as other plant-

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specific issues in the licensing hearing.
If a licensee makes a departure from Tier 2 information, it will be treated as a license amendment under 10 CFR
50.90 and the finality will be determined under paragraph VI.B.5.
Any requests for departures from Tier 2 information that affects Tier 1 must also comply with the requirements in paragraph VIII.A.
Operational Requirements The change process for technical specifications and other operational requirements in the design control document is set forth in Section VIII, paragraph C. The key to using the change processes described in Section VIII is to determine if the proposed change or departure would require a change to a design feature described in the generic DCD. If a design change is required, then the appropriate change process in paragraph VIII.A or VIII.B
would apply. However, if a proposed change to the technical specifications or other operational requirements does not require a change to a design feature in the generic DCD, then paragraph VIII.C
would apply. This change process has elements similar to the Tier 1 and Tier 2 change processes in paragraphs A and B, but with significantly different change standards. Because of the different finality status for technical specifications and other operational requirements, the NRC designated a special category of information, consisting of the technical specifications and other operational requirements, with its own change process in paragraph VIII.C. The language in paragraph VIII.C also distinguishes between generic Chapter 16 of the DCD
and plant-specific technical specifications to account for the different treatment and finality consistent with technical specifications before and after a license is issued.
The process in paragraph VIII.C.1 for making generic changes to the generic technical specifications in Chapter 16 of the DCD or other operational requirements in the generic DCD is accomplished by rulemaking and governed by the backfit standards in 50.109. The determination of whether the generic technical specifications and other operational requirements were completely reviewed and approved in this DC rule is based upon the extent to which the NRC reached a safety conclusion in the final safety evaluation report on this matter. If a technical specification or operational requirement was completely reviewed and finalized in the design certification rulemaking, then the requirement of 50.109 would apply because a position was taken on
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that safety matter. Generic changes made under paragraph VIII.C.1 would be applicable to all applicants or licensees referencing this DC rule as described in paragraph VIII.C.2, unless the change is made technically irrelevant by a plant-specific departure or an exemption is requested.
Some generic technical specifications contain values in brackets . The brackets are placeholders indicating that the NRC has not reviewed these values and represent a requirement that the applicant for a COL referencing the U.S.
ABWR DC renewal rule must replace the values in brackets with final plantspecific values refer to guidance provided in Regulatory Guide 1.206, Revision 1, Applications for Nuclear Power Plants. The NRC will review the final plant-specific values when provided as part of a COL application referencing this design. The values in brackets are neither part of the DC rule nor are they binding. Therefore, the replacement of bracketed values with final plant-specific values does not require an exemption from the generic technical specifications.
Plant-specific departures may occur by either an order under paragraph VIII.C.3 or an applicants exemption request under paragraph VIII.C.4. The basis for determining if the technical specification or operational requirement was completely reviewed and approved for these processes would be the same as for paragraph VIII.C.1 previously discussed. If the technical specification or operational requirement is completely reviewed and finalized in the design certification rulemaking, then the NRC must demonstrate that special circumstances are present before ordering a plant-specific departure. If not, there would be no restriction on plant-specific changes to the technical specifications or operational requirements, prior to the issuance of a license, provided a design change is not required. Although the generic technical specifications were reviewed and approved by the NRC in support of the design certification review, the NRC
intends to consider the lessons learned from subsequent operating experience during its licensing review of the plantspecific technical specifications. The process for petitioning to intervene on a technical specification or operational requirement contained in paragraph VIII.C.5 is similar to other issues in a licensing hearing, except that the petitioner must also demonstrate why special circumstances are present pursuant to 2.335, Consideration of Commission rules and regulations in adjudicatory proceedings.

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