ML23277A227

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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, Pla nt Contamination

and Solid Waste

AGENCY: Nuclear Regulatory Commission.

ACTION: Final guidance; issuance.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is issuing Interi m 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 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:

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.

SUPPLEMENTARY INFORMATION:

I. Background

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

documents.

3 The TICAP is an industry-led activity that is focused on provid ing guidance on the

appropriate scope and depth of information related to the speci fic 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-base d approach. The

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.

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.

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