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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
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1. Incorporate by reference, as part of its application, this appendix.
2. Include, as part of its application:
a. A plant-specific DCD containing the same type of information and using the same organization and numbering as the generic DCD for the U.S. ABWR design, either by including or incorporating by reference the generic DCD information, and as modified and supplemented by the applicants exemptions and departures;
b. The reports on departures from and updates to the plant-specific DCD required by paragraph X.B of this appendix;
c. Plant-specific TS, consisting of the generic and site-specific TS that are required by 50.36 and 50.36a of this chapter;
d. Information demonstrating that the site characteristics fall within the site parameters and that the interface requirements have been met;
e. Information that addresses the COL
action items; and f. Information required by 52.47a that is not within the scope of this appendix.
3. Include, in the plant-specific DCD, the sensitive, unclassified, non-safeguards information including proprietary information and security-related information and safeguards information referenced in the U.S. ABWR generic DCD.
4. Include, as part of its application, a demonstration that an entity other than GEH
is qualified to supply the U.S. ABWR design, unless GEH supplies the design for the applicants use.
B. The Commission reserves the right to determine in what manner this appendix may be referenced by an applicant for a construction permit or operating license under 10 CFR part 50.
V. Applicable Regulations A.1. Except as indicated in paragraphs A.2
and A.3 and B of this section, the regulations that apply to the U.S. ABWR design are in 10 CFR parts 20, 50, 52, 73, and 100, codified as of May 2, 1997, that are applicable and technically relevant, as described in the final safety evaluation report NUREG1503;
NUREG1503, Supplement 1; and as described in NUREG1503, Supplement 2, for renewal modifications except as it pertains to addressing compliance with 50.150 of this chapter.
2. Except as indicated in paragraphs A.1
and A.3 and B of this section, the regulations that apply to the U.S. ABWR design are in 10 CFR parts 20, 50, 52, 73, and 100, codified as of September 29, 2021, that are applicable and technically relevant, as described in NUREG1503, Supplement 2, for renewal amendments.
3. Except as indicated in paragraphs A.1
and A.2 and B of this section, the regulations in 50.150 of this chapter, codified as of September 29, 2021, apply to the U.S. ABWR
design, that are applicable and technically relevant, as described in NUREG1503, Supplement 2.
B. The U.S. ABWR design is exempt from portions of the following regulations:
1. Paragraph f2iv of 10 CFR 50.34
Plant Safety Parameter Display Console codified as of May 2, 1997;
2. Paragraph f2viii of 10 CFR 50.34
Post-Accident Sampling for Boron, Chloride,
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and Dissolved Gasescodified as of May 2, 1997; and 3. Paragraph f3iv of 10 CFR 50.34
Dedicated Containment Penetration codified as of May 2, 1997.
VI. Issue Resolution A. The Commission has determined that the structures, systems, and components and design features of the U.S. ABWR design 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 the U.S.
ABWR design.
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 reports NUREG1503; NUREG1503, Supplement 1; and NUREG1503, Supplement 2, Tier 1, Tier 2, and the rulemaking records for original certification and renewal of the U.S. ABWR design, with the exception of generic TS and other operational requirements;
2. All nuclear safety and safeguards issues associated with the referenced information in the 85 public and non-public documents in Tables 1.61 and 1.62 of Tier 2 of the generic DCD, or other referenced documents, which, in context, are intended as requirements in the generic DCD for the U.S.
ABWR design;
3. All generic changes to the DCD under and in compliance with the change processes in paragraphs VIII.A.1 and VIII.B.1 of this appendix;
4. All exemptions from the DCD under and in compliance with the change processes in paragraphs VIII.A.4 and VIII.B.4 of this appendix, but only for that plant;
5. All departures from the DCD that are approved by license amendment, but only for that plant;
6. Except as provided in paragraph VIII.B.5.f of this appendix, all departures from Tier 2 under and in compliance with the change processes in paragraph VIII.B.5 of this appendix that do not require prior NRC
approval, but only for that plant; and 7. All environmental issues concerning severe accident mitigation design alternatives associated with the information in the NRCs environmental assessment for the U.S. ABWR
design ADAMS Accession No.
ML21147A381 and GEHs supplemental evaluation of various severe accident mitigation design alternatives to prevent and mitigate severe accidents in Amendment to Technical Support Document for the ABWR
ADAMS Accession No. ML110040178, which updates information in the original
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Technical Support Document for the ABWR ADAMS Accession No.
ML100210563 for plants referencing this appendix whose averted risk person-rem value for each severe accident mitigation design alternative is less than or equal to the averted risk person-rem value for that severe accident mitigation design alternative provided in Table 5 of the original technical support document.
C. The Commission does not consider operational requirements for an applicant or licensee who references this appendix to be matters resolved within the meaning of 52.63a5. The Commission reserves the right to require operational requirements for an applicant or licensee who references this appendix by rule, regulation, order, or license condition.
D. Except under the change processes in Section VIII of this appendix, the Commission may not require an applicant or licensee who references this appendix to:
1. Modify structures, systems, components, or design features as described in the generic DCD;
2. Provide additional or alternative structures, systems, components, or design features not discussed in the generic DCD; or 3. Provide additional or alternative design criteria, testing, analyses, acceptance criteria, or justification for structures, systems, components, or design features discussed in the generic DCD.
E. The NRC will specify, at an appropriate time, the procedures to be used by an interested person who wishes to review portions of the DC or references containing safeguards information or sensitive unclassified non-safeguards information including proprietary information, such as trade secrets and commercial or financial information obtained from a person that are privileged or confidential 2.390 of this chapter and 10 CFR part 9, and securityrelated information, for the purpose of participating in the hearing required by 52.85, the hearing provided under 52.103, or in any other proceeding relating to this appendix, in which interested persons have a right to request an adjudicatory hearing.
VII. Duration of this Appendix This appendix may be referenced for a period of 15 years from September 29, 2021, except as provided for in 52.55b and 52.57b. This appendix remains valid for an applicant or licensee who references this appendix until the application is withdrawn, or the license expires or is terminated by the NRC, including any period of extended operation under a renewed license.
VIII. Processes for Changes and Departures A. Tier 1 Information 1. Generic changes to Tier 1 information are governed by the requirements in 52.63a1.
2. Generic changes to Tier 1 information are applicable to all applicants or licensees who reference this appendix, except those for which the change has been rendered technically irrelevant by action taken under paragraph A.3 or A.4 of this section.
3. Departures from Tier 1 information that are required by the Commission through
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