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{{#Wiki_filter:[7590-01-P]
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NUCLEAR REGULATORY COMMISSION
NUCLEAR REGULATORY COMMISSION
[NRC-2022-0076]
[NRC-2022-0076]
 
Interim Staff Guidance: Advanced Reactor Content of Application Project Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste AGENCY: Nuclear Regulatory Commission.
Interim Staff Guidance: Advanced Reactor Content of Application Project
ACTION: Final guidance; issuance.  
 
Chapter 9, Control of Routine Plant Radioactive Effluents, Pla nt Contamination
 
and Solid Waste
 
AGENCY: Nuclear Regulatory Commission.
 
ACTION: Final guidance; issuance.


==SUMMARY==
==SUMMARY==
: The U.S. Nuclear Regulatory Commission (NRC) is issuing Interi m Staff
: The U.S. Nuclear Regulatory Commission (NRC) is issuing Interim Staff Guidance (ISG) DANU-ISG-2022-03, Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste. The purpose of this ISG is to provide guidance for prospective applicants in preparing applications for non-light water reactor (non-LWR) designs that use the Licensing Modernization Project (LMP) process and to assist the NRC staff in determining whether such applications meet the minimum requirements for construction permits, operating licenses, combined licenses, manufacturing licenses, standard design approval, or design certifications.
 
DATES: This guidance is effective on [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER].
Guidance (ISG) DANU-ISG-2022-03, Chapter 9, Control of Routine Plant Radioactive
ADDRESSES: Please refer to Docket ID NRC-2022-0076 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods:
 
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0076. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:  
Effluents, Plant Contamination and Solid Waste. The purpose of this ISG is to provide
 
guidance for prospective applicants in preparing applications f or non-light water reactor
 
(non-LWR) designs that use the Licensing Modernization Project (LMP) process and to
 
assist the NRC staff in determining whether such applications m eet the minimum
 
requirements for construction permits, operating licenses, comb ined licenses,
 
manufacturing licenses, standard design approval, or design cer tifications.
 
DATES: This guidance is effective on [INSERT DATE OF PUBLICATION IN THE
 
FEDERAL REGISTER].
 
ADDRESSES: Please refer to Docket ID NRC-2022-0076 when contacting the NRC
 
about the availability of information regarding this document. You may obtain publicly
 
available information related to this document using any of the following methods:
* Federal Rulemaking Website: Go to https://www.regulations.gov and
 
search for Docket ID NRC-2022-0076. Address questions about Docket IDs in
 
Regulations.gov to Stacy Schumann; telephone: 301-415-0624; ema il:
Stacy.Schumann@nrc.gov. For technical questions, contact the in dividual listed in the
 
For Further Information Contact section of this document.
* NRCs Agencywide Documents Access and Management System
 
(ADAMS): You may obtain publicly available documents online in the ADAMS Public
 
Documents collection at https://www.nrc.gov/reading-rm/adams.ht ml. To begin the
 
search, select Begin Web-based ADAMS Search. For problems wit h ADAMS, please
 
contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at
 
301-415-4737, or by email to PDR.Resource@nrc.gov. The ISG, DAN U-ISG-2022-03,
 
Chapter 9, Control of Routine Plant Radioactive Effluents, Pla nt Contamination and
 
Solid Waste, is available in ADAMS under Accession No. ML23277 A141.
* NRCs PDR: The PDR, where you may examine and order copies of publicly
 
available documents, is open by appointment. To make an appoint ment to visit the PDR,
 
please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-
 
4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday throu gh Friday, except
 
Federal holidays.
 
FOR FURTHER INFORMATION CONTACT: James ODriscoll, Office of Nuclear
 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washing ton, DC 20555-
 
0001, telephone: 301-415-1325; email: James.ODriscoll@nrc.gov.


2 Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the For Further Information Contact section of this document.
NRCs Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to PDR.Resource@nrc.gov. The ISG, DANU-ISG-2022-03, Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste, is available in ADAMS under Accession No. ML23277A141.
NRCs PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: James ODriscoll, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-1325; email: James.ODriscoll@nrc.gov.
SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION:
I.


I. Background
===Background===
 
The NRC staff anticipates the submission of advanced power-reactor applications within the next few years based on preapplication engagement initiated by several prospective applicants. Because many of these designs are non-LWRs, the NRC developed technology-inclusive, risk-informed, performance-based guidance to support the development and review of these non-LWR applications. The guidance will facilitate  
The NRC staff anticipates the s ubmission of advanced power-reac tor
 
applications within the next few years based on preapplication engagement initiated by
 
several prospective applicants. Because many of these designs a re non-LWRs, the NRC
 
developed technology-inclusive, risk-informed, performance-base d guidance to support
 
the development and review of these non-LWR applications. The g uidance will facilitate
 
2 the development and review of non-LWR applications for construc tion permits or
 
operating licenses under part 50 of title 10 of the Code of Federal Regulations (10 CFR),
 
Domestic Licensing of Production and Utilization Facilities, or combined licenses,
 
manufacturing licenses, standard design approval, or design cer tifications under 10 CFR
 
part 52, Licenses, Certificati ons, and Approvals for Nuclear Power Plants. The NRC
 
staff notes it is developing a rule to amend 10 CFR parts 50 an d 52 to align reactor
 
licensing processes and incorporate lessons learned from new re actor licensing into the
 
regulations (RIN 3150-Al66). This ISG may need to be updated to conform to changes to
 
10 CFR parts 50 and 52, if any, adopted through that rulemaking. Further, as of the date
 
of this final ISG, the NRC staff is developing an optional perf ormance-based,
 
technology-inclusive regulatory framework for licensing nuclear power plants designated
 
as 10 CFR part 53 (RIN 3150-AK31). The NRC intends to revise th is guidance as a part
 
of the ongoing rulemaking for 10 CFR part 53.
 
To standardize the development of content of a non-LWR applicat ion, the NRC
 
staff focused on two activities: the Advanced Reactor Content o f Application Project
 
(ARCAP) and the Technology-Inclusive Content of Application Pro ject (TICAP). The
 
ARCAP is an NRC-led activity that is intended to result in guidance for a complete
 
non-LWR application for review under 10 CFR part 50 or 10 CFR p art 52, and which the
 
NRC staff would update, as appropriate, pending the issuance of the 10 CFR part 50
 
and 10 CFR part 52 rulemaking as previously mentioned in this n otice, or if the
 
Commission issues a final 10 CFR part 53 rule. As a result, the ARCAP is broad and
 
encompasses several industry-led and NRC-led guidance document development


activities aimed at facilitating a consistent approach to the d evelopment of application
3 the development and review of non-LWR applications for construction permits or operating licenses under part 50 of title 10 of the Code of Federal Regulations (10 CFR),
Domestic Licensing of Production and Utilization Facilities, or combined licenses, manufacturing licenses, standard design approval, or design certifications under 10 CFR part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants. The NRC staff notes it is developing a rule to amend 10 CFR parts 50 and 52 to align reactor licensing processes and incorporate lessons learned from new reactor licensing into the regulations (RIN 3150-Al66). This ISG may need to be updated to conform to changes to 10 CFR parts 50 and 52, if any, adopted through that rulemaking. Further, as of the date of this final ISG, the NRC staff is developing an optional performance-based, technology-inclusive regulatory framework for licensing nuclear power plants designated as 10 CFR part 53 (RIN 3150-AK31). The NRC intends to revise this guidance as a part of the ongoing rulemaking for 10 CFR part 53.
To standardize the development of content of a non-LWR application, the NRC staff focused on two activities: the Advanced Reactor Content of Application Project (ARCAP) and the Technology-Inclusive Content of Application Project (TICAP). The ARCAP is an NRC-led activity that is intended to result in guidance for a complete non-LWR application for review under 10 CFR part 50 or 10 CFR part 52, and which the NRC staff would update, as appropriate, pending the issuance of the 10 CFR part 50 and 10 CFR part 52 rulemaking as previously mentioned in this notice, or if the Commission issues a final 10 CFR part 53 rule. As a result, the ARCAP is broad and encompasses several industry-led and NRC-led guidance document development activities aimed at facilitating a consistent approach to the development of application documents.


documents.
4 The TICAP is an industry-led activity that is focused on providing guidance on the appropriate scope and depth of information related to the specific portions of the safety analysis report that describe the fundamental safety functions of the design and document the safety analysis of the facility using the LMP-based approach. The LMP-based approach is described in Regulatory Guide (RG) 1.233, Guidance for a Technology-Inclusive, Risk-Informed, and Performance-Based Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light-Water Reactors, (ADAMS Accession No. ML20091L698).
The ARCAP ISG titled Review of Risk-Informed, Technology-Inclusive Advanced Reactor Applications - Roadmap (ARCAP Roadmap ISG) was developed to provide a general overview of the information that should be included in a non-LWR application. The ARCAP Roadmap ISG also provides a review roadmap for the NRC staff with the principal purpose of ensuring consistency, quality, and uniformity of NRC staff reviews. The ARCAP Roadmap ISG includes references to eight other ARCAP ISGs and a TICAP RG that are the subject of separate Federal Register notices (FRNs) notifying the public of the issuance of these guidance documents. Information regarding the eight other ARCAP ISGs and the TICAP RG can be found in the table at the end of the Discussion section.
II.
Discussion The ARCAP ISG titled, Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste, that is the subject of this FRN, was developed because the current application and review guidance related to control of routine plant radioactive effluents, plant contamination, and solid waste is directly applicable only to light water reactors and may not fully (or efficiently) identify the


3 The TICAP is an industry-led activity that is focused on provid ing guidance on the
5 information to be included in a technology-inclusive, risk-informed, and performance-based application or provide a review approach for such an application.
The table in this notice provides the document description, ADAMS accession number, and, if appropriate, the docket identification number.
Document Description ADAMS Accession No.
Regulations.gov Docket ID No.
Interim Staff Guidance DANU-ISG-2022-01, Advanced Reactor Content of Application Project, Review of Risk-Informed, Technology-Inclusive Advanced Reactor Applications - Roadmap.
ML23277A139 NRC-2022-0074 Interim Staff Guidance DANU-ISG-2022-02, Advanced Reactor Content of Application Project Chapter 2, Site Information.
ML23277A140 NRC-2022-0075 Interim Staff Guidance DANU-ISG-2022-03, Advanced Reactor Content of Application Project Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste.
ML23277A141 NRC-2022-0076 Interim Staff Guidance DANU-ISG-2022-04, Advanced Reactor Content of Application Project Chapter 10, Control of Occupational Dose.
ML23277A142 NRC-2022-0077 Interim Staff Guidance DANU-ISG-2022-05, Advanced Reactor Content of Application Project Chapter 11, Organization and Human-System Considerations.
ML23277A143 NRC-2022-0078 Interim Staff Guidance DANU-ISG-2022-06, Advanced Reactor Content of Application Project Chapter 12, Post-manufacturing and construction Inspection, Testing, and Analysis Program.
ML23277A144 NRC-2022-0079 Interim Staff Guidance DANU-ISG-2022-07, Advanced Reactor Content of Application Project, Risk-Informed Inservice Inspection/Inservice Testing Programs for Non-LWRs.
ML23277A145 NRC-2022-0080 Interim Staff Guidance DANU-ISG-2022-08, Advanced Reactor Content of Application Project, Risk-Informed Technical Specifications.
ML23277A146 NRC-2022-0081 Interim Staff Guidance DANU-ISG-2022-09, Advanced Reactor Content of Application Project, Risk-Informed Performance-Based Fire Protection Program (for Operations).
ML23277A147 NRC-2022-0082 RG 1.253, Revision 0, Guidance for a Technology-Inclusive Content-of-Application Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light-Water Reactors.
ML23269A222 NRC-2022-0073


appropriate scope and depth of information related to the speci fic portions of the safety
6 Regulatory Analysis for ARCAP ISGs ML23093A099 NRC-2022-0074 Review of Advanced Reactor Content of Application Project/Technology-Inclusive Content of Application Project Guidance ML23348A182 NRC-2022-0074 Response to the Advisory Committee on Reactor Safeguards Letter, Review of Advanced Reactor Content of Application Project/Technology-Inclusive Content of Application Project Guidance ML24024A025 NRC-2022-0074 III.
 
Additional Information During the 711th meeting of the Advisory Committee on Reactor Safeguards (ACRS), December 6-7, 2023, the ACRS, the NRC staff, and representatives of other stakeholders discussed guidance documents related to the ARCAP and the TICAP. On December 20, 2023, the ACRS issued a report documenting its review of these guidance documents (ADAMS Accession No. ML23348A182). The conclusions and recommendations in the ACRS report apply to all the ARCAP and TICAP guidance documents. In its December 2023 report, the ACRS did not recommend any specific changes to DANU-ISG-2022-03.
analysis report that describe the fundamental safety functions of the design and
Draft DANU-ISG-2022-03, Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste, was published in the Federal Register for public comment on May 25, 2023, (88 FR 33930) with a 45-day comment period.
 
Subsequently, the comment period was extended by 30 days as noted in the Federal Register dated June 28, 2023 (88 FR 41986). The NRC staff received thirteen public comments from stakeholders. The NRC staffs evaluation and resolution of the public comments can be found in a document located in ADAMS under Accession No. ML23277A150.
document the safety analysis of the facility using the LMP-base d approach. The
IV.
 
Congressional Review Act DANU-ISG-2022-03, Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste, is a rule as defined in the Congressional Review  
LMP-based approach is described in Regulatory Guide (RG) 1.233, Guidance for a
 
Technology-Inclusive, Risk-Informed, and Performance-Based Meth odology to Inform
 
the Licensing Basis and Content of Applications for Licenses, C ertifications, and
 
Approvals for Non-Light-Water Reactors, (ADAMS Accession No. M L20091L698).
 
The ARCAP ISG titled Review of Risk-Informed, Technology-Inclu sive
 
Advanced Reactor Applications - R oadmap (ARCAP Roadmap ISG) was developed to
 
provide a general overview of the information that should be in cluded in a non-LWR
 
application. The ARCAP Roadmap ISG also provides a review roadm ap for the NRC
 
staff with the principal purpose of ensuring consistency, quali ty, and uniformity of NRC
 
staff reviews. The ARCAP Roadmap ISG includes references to eig ht other ARCAP
 
ISGs and a TICAP RG that are the subject of separate Federal Register notices (FRNs)
 
notifying the public of the issuance of these guidance document s. Information regarding
 
the eight other ARCAP ISGs and the TICAP RG can be found in the table at the end of
 
the Discussion section.
 
II. Discussion
 
The ARCAP ISG titled, Chapter 9, Control of Routine Plant Radi oactive
 
Effluents, Plant Contamination and Solid Waste, that is the su bject of this FRN, was
 
developed because the current application and review guidance r elated to control of
 
routine plant radioactive effluents, plant contamination, and s olid waste is directly
 
applicable only to light water reactors and may not fully (or e fficiently) identify the
 
4 information to be included in a technology-inclusive, risk-info rmed, and
 
performance-based application or provide a review approach for such an application.
 
The table in this notice provides the document description, ADA MS accession
 
number, and, if appropriate, the docket identification number.
 
Document Description ADAMS Regulations.gov Accession No. Docket ID No.
Interim Staff Guidance DANU-ISG-2022-01, ML23277A139 NRC-2022-0074 Advanced Reactor Content of Application Project, Review of Risk-Informed, Technology-Inclusive Advanced Reactor Applications - Roadmap.
Interim Staff Guidance DANU-ISG-2022-02, ML23277A140 NRC-2022-0075 Advanced Reactor Content of Application Project Chapter 2, Site Information.
Interim Staff Guidance DANU-ISG-2022-03, ML23277A141 NRC-2022-0076 Advanced Reactor Content of Application Project Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste.
Interim Staff Guidance DANU-ISG-2022-04, ML23277A142 NRC-2022-0077 Advanced Reactor Content of Application Project Chapter 10, Control of Occupational Dose.
Interim Staff Guidance DANU-ISG-2022-05, ML23277A143 NRC-2022-0078 Advanced Reactor Content of Application Project Chapter 11, Organization and Human-System Considerations.
Interim Staff Guidance DANU-ISG-2022-06, ML23277A144 NRC-2022-0079 Advanced Reactor Content of Application Project Chapter 12, Post-manufacturing and construction Inspection, Testing, and Analysis Program.
Interim Staff Guidance DANU-ISG-2022-07, ML23277A145 NRC-2022-0080 Advanced Reactor Content of Application Project, Risk-Informed Inservice Inspection/Inservice Testing Programs for Non-LWRs.
Interim Staff Guidance DANU-ISG-2022-08, ML23277A146 NRC-2022-0081 Advanced Reactor Content of Application Project, Risk-Informed Technical Specifications.
Interim Staff Guidance DANU-ISG-2022-09, ML23277A147 NRC-2022-0082 Advanced Reactor Content of Application Project, Risk-Informed Performance-Based Fire Protection Program (for Operations).
RG 1.253, Revision 0, Guidance for a ML23269A222 NRC-2022-0073 Technology-Inclusive Content-of-Application Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light-Water Reactors.
 
5 Regulatory Analysis for ARCAP ISGs ML23093A099 NRC-2022-0074 Review of Advanced Reactor Content of ML23348A182 NRC-2022-0074 Application Project/Technology-Inclusive Content of Application Project Guidance Response to the Advisory Committee on Reactor ML24024A025 NRC-2022-0074 Safeguards Letter, Review of Advanced Reactor Content of Application Project/Technology-Inclusive Content of Application Project Guidance
 
III. Additional Information
 
During the 711th meeting of the Advisory Committee on Reactor S afeguards
 
(ACRS), December 6-7, 2023, the ACRS, the NRC staff, and repres entatives of other
 
stakeholders discussed guidance documents related to the ARCAP and the TICAP. On
 
December 20, 2023, the ACRS issued a report documenting its rev iew of these
 
guidance documents (ADAMS Accession No. ML23348A182). The concl usions and
 
recommendations in the ACRS report apply to all the ARCAP and T ICAP guidance
 
documents. In its December 2023 report, the ACRS did not recomm end any specific
 
changes to DANU-ISG-2022-03.
 
Draft DANU-ISG-2022-03, Chapter 9, Control of Routine Plant Ra dioactive
 
Effluents, Plant Contamination and Solid Waste, was published in the Federal Register
 
for public comment on May 25, 2023, (88 FR 33930) with a 45-day comment period.
 
Subsequently, the comment period was extended by 30 days as not ed in the Federal
 
Register dated June 28, 2023 (88 FR 41986). The NRC staff received thir teen public
 
comments from stakeholders. The NRC staffs evaluation and reso lution of the public
 
comments can be found in a document located in ADAMS under Acce ssion No.
 
ML23277A150.
 
IV. Congressional Review Act
 
DANU-ISG-2022-03, Chapter 9, Control of Routine Plant Radioact ive Effluents,
 
Plant Contamination and Solid Waste, is a rule as defined in t he Congressional Review 6
Act (5 U.S.C. 801-808). However, the Office of Management and B udget has not found it
 
to be a major rule as defined in the Congressional Review Act.
 
V. Backfitting, Forward Fitting, and Issue Finality
 
DANU-ISG-2022-03 does not constitute backfitting as defined in 10 CFR 50.109,
 
Backfitting, and as described in Management Directive (MD) 8. 4, Management of
 
Backfitting, Forward Fitting, Issue Finality, and Information R equests; does not
 
constitute forward fitting as that term is defined and describe d in MD 8.4; and does not
 
affect the issue finality of any approval issued under 10 CFR p art 52. The guidance
 
would not apply to any current licensees or applicants or exist ing or requested approvals
 
under 10 CFR part 52, and therefore its issuance cannot be a ba ckfit or forward fit or
 
affect issue finality. Further, as explained in DANU-ISG-2022-0 3, applicants and
 
licensees would not be required to comply with the positions se t forth in DANU-ISG-
 
2022-03.


7 Act (5 U.S.C. 801-808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act.
V.
Backfitting, Forward Fitting, and Issue Finality DANU-ISG-2022-03 does not constitute backfitting as defined in 10 CFR 50.109, Backfitting, and as described in Management Directive (MD) 8.4, Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests; does not constitute forward fitting as that term is defined and described in MD 8.4; and does not affect the issue finality of any approval issued under 10 CFR part 52. The guidance would not apply to any current licensees or applicants or existing or requested approvals under 10 CFR part 52, and therefore its issuance cannot be a backfit or forward fit or affect issue finality. Further, as explained in DANU-ISG-2022-03, applicants and licensees would not be required to comply with the positions set forth in DANU-ISG-2022-03.
Dated: March 28, 2024.
Dated: March 28, 2024.
 
For the Nuclear Regulatory Commission.  
For the Nuclear Regulatory Commission.
/RA/
 
Steven T. Lynch, Chief, Advanced Reactor Policy Branch, Division of Advanced Reactors and Non-Power Production and Utilization Facilities, Office of Nuclear Reactor Regulation.}}
/RA/
 
Steven T. Lynch, Chief, Advanced Reactor Policy Branch, Division of Advanced Reactors and Non-Power Production and Utilization Facilities, Office of Nuclear Reactor Regulation.
 
7}}

Latest revision as of 08:26, 25 November 2024

Federal Register Notice - Interim Staff Guidance: Advanced Reactor Content of Application Project Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste
ML23277A227
Person / Time
Issue date: 03/28/2024
From: Steven Lynch
NRC/NRR/DANU/UARP
To:
Shared Package
ML23277A105 List:
References
DANU-ISG-2022-03, NRC-2022-0076, ML23277A105
Download: ML23277A227 (7)


Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[NRC-2022-0076]

Interim Staff Guidance: Advanced Reactor Content of Application Project Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste AGENCY: Nuclear Regulatory Commission.

ACTION: Final guidance; issuance.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is issuing Interim Staff Guidance (ISG) DANU-ISG-2022-03, Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste. The purpose of this ISG is to provide guidance for prospective applicants in preparing applications for non-light water reactor (non-LWR) designs that use the Licensing Modernization Project (LMP) process and to assist the NRC staff in determining whether such applications meet the minimum requirements for construction permits, operating licenses, combined licenses, manufacturing licenses, standard design approval, or design certifications.

DATES: This guidance is effective on [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES: Please refer to Docket ID NRC-2022-0076 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods:

Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0076. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:

2 Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the For Further Information Contact section of this document.

NRCs Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to PDR.Resource@nrc.gov. The ISG, DANU-ISG-2022-03, Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste, is available in ADAMS under Accession No. ML23277A141.

NRCs PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: James ODriscoll, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-1325; email: James.ODriscoll@nrc.gov.

SUPPLEMENTARY INFORMATION:

I.

Background

The NRC staff anticipates the submission of advanced power-reactor applications within the next few years based on preapplication engagement initiated by several prospective applicants. Because many of these designs are non-LWRs, the NRC developed technology-inclusive, risk-informed, performance-based guidance to support the development and review of these non-LWR applications. The guidance will facilitate

3 the development and review of non-LWR applications for construction permits or operating licenses under part 50 of title 10 of the Code of Federal Regulations (10 CFR),

Domestic Licensing of Production and Utilization Facilities, or combined licenses, manufacturing licenses, standard design approval, or design certifications under 10 CFR part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants. The NRC staff notes it is developing a rule to amend 10 CFR parts 50 and 52 to align reactor licensing processes and incorporate lessons learned from new reactor licensing into the regulations (RIN 3150-Al66). This ISG may need to be updated to conform to changes to 10 CFR parts 50 and 52, if any, adopted through that rulemaking. Further, as of the date of this final ISG, the NRC staff is developing an optional performance-based, technology-inclusive regulatory framework for licensing nuclear power plants designated as 10 CFR part 53 (RIN 3150-AK31). The NRC intends to revise this guidance as a part of the ongoing rulemaking for 10 CFR part 53.

To standardize the development of content of a non-LWR application, the NRC staff focused on two activities: the Advanced Reactor Content of Application Project (ARCAP) and the Technology-Inclusive Content of Application Project (TICAP). The ARCAP is an NRC-led activity that is intended to result in guidance for a complete non-LWR application for review under 10 CFR part 50 or 10 CFR part 52, and which the NRC staff would update, as appropriate, pending the issuance of the 10 CFR part 50 and 10 CFR part 52 rulemaking as previously mentioned in this notice, or if the Commission issues a final 10 CFR part 53 rule. As a result, the ARCAP is broad and encompasses several industry-led and NRC-led guidance document development activities aimed at facilitating a consistent approach to the development of application documents.

4 The TICAP is an industry-led activity that is focused on providing guidance on the appropriate scope and depth of information related to the specific portions of the safety analysis report that describe the fundamental safety functions of the design and document the safety analysis of the facility using the LMP-based approach. The LMP-based approach is described in Regulatory Guide (RG) 1.233, Guidance for a Technology-Inclusive, Risk-Informed, and Performance-Based Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light-Water Reactors, (ADAMS Accession No. ML20091L698).

The ARCAP ISG titled Review of Risk-Informed, Technology-Inclusive Advanced Reactor Applications - Roadmap (ARCAP Roadmap ISG) was developed to provide a general overview of the information that should be included in a non-LWR application. The ARCAP Roadmap ISG also provides a review roadmap for the NRC staff with the principal purpose of ensuring consistency, quality, and uniformity of NRC staff reviews. The ARCAP Roadmap ISG includes references to eight other ARCAP ISGs and a TICAP RG that are the subject of separate Federal Register notices (FRNs) notifying the public of the issuance of these guidance documents. Information regarding the eight other ARCAP ISGs and the TICAP RG can be found in the table at the end of the Discussion section.

II.

Discussion The ARCAP ISG titled, Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste, that is the subject of this FRN, was developed because the current application and review guidance related to control of routine plant radioactive effluents, plant contamination, and solid waste is directly applicable only to light water reactors and may not fully (or efficiently) identify the

5 information to be included in a technology-inclusive, risk-informed, and performance-based application or provide a review approach for such an application.

The table in this notice provides the document description, ADAMS accession number, and, if appropriate, the docket identification number.

Document Description ADAMS Accession No.

Regulations.gov Docket ID No.

Interim Staff Guidance DANU-ISG-2022-01, Advanced Reactor Content of Application Project, Review of Risk-Informed, Technology-Inclusive Advanced Reactor Applications - Roadmap.

ML23277A139 NRC-2022-0074 Interim Staff Guidance DANU-ISG-2022-02, Advanced Reactor Content of Application Project Chapter 2, Site Information.

ML23277A140 NRC-2022-0075 Interim Staff Guidance DANU-ISG-2022-03, Advanced Reactor Content of Application Project Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste.

ML23277A141 NRC-2022-0076 Interim Staff Guidance DANU-ISG-2022-04, Advanced Reactor Content of Application Project Chapter 10, Control of Occupational Dose.

ML23277A142 NRC-2022-0077 Interim Staff Guidance DANU-ISG-2022-05, Advanced Reactor Content of Application Project Chapter 11, Organization and Human-System Considerations.

ML23277A143 NRC-2022-0078 Interim Staff Guidance DANU-ISG-2022-06, Advanced Reactor Content of Application Project Chapter 12, Post-manufacturing and construction Inspection, Testing, and Analysis Program.

ML23277A144 NRC-2022-0079 Interim Staff Guidance DANU-ISG-2022-07, Advanced Reactor Content of Application Project, Risk-Informed Inservice Inspection/Inservice Testing Programs for Non-LWRs.

ML23277A145 NRC-2022-0080 Interim Staff Guidance DANU-ISG-2022-08, Advanced Reactor Content of Application Project, Risk-Informed Technical Specifications.

ML23277A146 NRC-2022-0081 Interim Staff Guidance DANU-ISG-2022-09, Advanced Reactor Content of Application Project, Risk-Informed Performance-Based Fire Protection Program (for Operations).

ML23277A147 NRC-2022-0082 RG 1.253, Revision 0, Guidance for a Technology-Inclusive Content-of-Application Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light-Water Reactors.

ML23269A222 NRC-2022-0073

6 Regulatory Analysis for ARCAP ISGs ML23093A099 NRC-2022-0074 Review of Advanced Reactor Content of Application Project/Technology-Inclusive Content of Application Project Guidance ML23348A182 NRC-2022-0074 Response to the Advisory Committee on Reactor Safeguards Letter, Review of Advanced Reactor Content of Application Project/Technology-Inclusive Content of Application Project Guidance ML24024A025 NRC-2022-0074 III.

Additional Information During the 711th meeting of the Advisory Committee on Reactor Safeguards (ACRS), December 6-7, 2023, the ACRS, the NRC staff, and representatives of other stakeholders discussed guidance documents related to the ARCAP and the TICAP. On December 20, 2023, the ACRS issued a report documenting its review of these guidance documents (ADAMS Accession No. ML23348A182). The conclusions and recommendations in the ACRS report apply to all the ARCAP and TICAP guidance documents. In its December 2023 report, the ACRS did not recommend any specific changes to DANU-ISG-2022-03.

Draft DANU-ISG-2022-03, Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste, was published in the Federal Register for public comment on May 25, 2023, (88 FR 33930) with a 45-day comment period.

Subsequently, the comment period was extended by 30 days as noted in the Federal Register dated June 28, 2023 (88 FR 41986). The NRC staff received thirteen public comments from stakeholders. The NRC staffs evaluation and resolution of the public comments can be found in a document located in ADAMS under Accession No. ML23277A150.

IV.

Congressional Review Act DANU-ISG-2022-03, Chapter 9, Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste, is a rule as defined in the Congressional Review

7 Act (5 U.S.C. 801-808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act.

V.

Backfitting, Forward Fitting, and Issue Finality DANU-ISG-2022-03 does not constitute backfitting as defined in 10 CFR 50.109, Backfitting, and as described in Management Directive (MD) 8.4, Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests; does not constitute forward fitting as that term is defined and described in MD 8.4; and does not affect the issue finality of any approval issued under 10 CFR part 52. The guidance would not apply to any current licensees or applicants or existing or requested approvals under 10 CFR part 52, and therefore its issuance cannot be a backfit or forward fit or affect issue finality. Further, as explained in DANU-ISG-2022-03, applicants and licensees would not be required to comply with the positions set forth in DANU-ISG-2022-03.

Dated: March 28, 2024.

For the Nuclear Regulatory Commission.

/RA/

Steven T. Lynch, Chief, Advanced Reactor Policy Branch, Division of Advanced Reactors and Non-Power Production and Utilization Facilities, Office of Nuclear Reactor Regulation.