Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Notices 12989 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2020–0072] 

Design Review Guide for 

Instrumentation and Controls for NonLight-Water Reactor Reviews 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Staff guidance; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a Design 

Review Guide (DRG) entitled 

‘‘Instrumentation and Controls for NonLight-Water Reactor (non-LWR) 

Reviews.’’ This DRG provides guidance 

for the NRC staff to use in reviewing the 

Instrumentation and Controls (I&C) 

portions of applications for advanced 

non-LWRs within the bounds of existing 

regulations. The guidance supports 

NRC’s Non-LWR Vision and Strategy, 

Implementation Action Plan Strategy 3, 

which involves developing: (1) 

Guidance for flexible regulatory review 

processes for non-LWRs within the 

bounds of existing regulations; and (2) 

a new non-LWR regulatory framework 

that is risk-informed and performancebased, and that features NRC staff’s 

review efforts commensurate with the 

demonstrated safety performance of 

non-LWR technologies. 

DATES: This guidance is available on 

March 5, 2021. 

ADDRESSES: Please refer to Docket ID 

NRC–2020–0072 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–2020–0072. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• NRC’s 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 NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The Design Review Guide 

(DRG): Instrumentation and Controls for 

Non-Light-Water Reactor (non-LWR) 

Reviews is available in ADAMS under 

Accession No. ML21011A140. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to the PDR via 

email at pdr.resource@nrc.gov or call 1– 

800–397–4209 or 301–415–4737, 

between 8:00 a.m. and 4:00 p.m. (EST), 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Jordan Hoellman, Office of Nuclear 

Reactor Regulation, telephone: 301– 

415–5481, email: Jordan.Hoellman2@

nrc.gov, U.S. Nuclear Regulatory 

Commission, Washington DC 20555– 

0001. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The DRG guidance leverages the 

Small Modular Reactor Design-Specific 

Review Standard Chapter 7 framework 

while factoring in the lessons learned 

from new reactor reviews. This 

guidance supports the NRC’s Vision and 

Strategy document entitled ‘‘Safely 

Achieving Effective and Efficient NonLight Water Reactor Mission Readiness’’ 

(ADAMS Accession No. ML16356A670), 

and the ‘‘Non-LWR Vision and Strategy 

Near-Term Implementation Action 

Plans’’ (ADAMS Accession No. 

ML17165A069). Specifically, the 

guidance discussed herein supports 

Implementation Action Plan Strategy 3, 

which involves developing: (1) 

Guidance for flexible regulatory review 

processes for non-LWRs within the 

bounds of existing regulations; and (2) 

a new non-LWR regulatory framework 

that is risk-informed and performancebased, and that features NRC staff’s 

review efforts commensurate with the 

demonstrated safety performance of 

non-LWR technologies. This DRG also 

factors in the principles in Regulatory 

Guide (RG) 1.233, ‘‘Guidance for 

Technology-Inclusive, Risk-Informed, 

and Performance-Based Approach to 

Inform the Licensing Basis and Content 

of Applications for Licenses, 

Certifications, and Approvals for NonLight-Water Reactors’’ (ADAMS 

Accession No. ML20091L698). RG 1.233 

endorses the methodology in Nuclear 

Energy Institute 18–04, ‘‘Risk-Informed 

Performance-Based Technology 

Inclusive Guidance for Non-Light Water 

Reactor Licensing Basis Development’’ 

(ADAMS Accession No. ML19241A472), 

with clarifications and points of 

emphasis. 

This DRG provides guidance for the 

NRC staff responsible for the review of 

the I&C portion of license applications 

to help determine whether: (1) The 

applicant has demonstrated that there is 

reasonable assurance that the plant is 

designed to adequately protect public 

health and safety and the environment; 

and (2) the design complies with the 

applicable regulatory requirements. 

Some advanced reactor reviews will use 

a core review team approach and the 

I&C topics will be addressed as part of 

the staff’s collaborations on the overall 

plant design and associated 

programmatic controls. This DRG 

supports the I&C-related reviews as part 

of a core review team approach or a 

more traditional matrix-type review of 

applications. 

The NRC staff guidance discussed 

herein is a proactive way to further 

modernize the I&C safety review of 

advanced non-LWR applications by 

making it technology-inclusive, riskinformed, and performance-based. 

On April 14, 2020 (85 FR 20725), the 

NRC published for public comment a 

proposed version of the DRG. The 

public comment period closed on June 

29, 2020. Four sets of public comments 

were received regarding the draft DRG. 

The final version of the DRG is available 

in ADAMS under Accession No. 

ML21011A140. A summary of the 

public comments and the NRC staff’s 

disposition of the comments is available 

in a separate document (ADAMS 

Package Accession No. ML20238B943). 

II. Backfitting, Forward Fitting, and 

Issue Finality 

The DRG provides guidance to the 

staff for reviewing instrumentation and 

controls information provided in 

applications for licensing actions 

involving non-LWR designs. 

Issuance of the DRG does not 

constitute backfitting as defined in 

section 50.109 of title 10 of the Code of 

Federal Regulations (10 CFR), (the 

backfit rule), and as described in 

Management Directive (MD) 8.4, 

‘‘Management of Backfitting, Forward 

Fitting, Issue Finality, and Information 

Requests’’; constitute forward fitting as 

that term is defined and described in 

MD 8.4; or affect issue finality of any 

approval issued under 10 CFR part 52, 

‘‘Licenses, Certificates, and Approvals 

for Nuclear Power Plants.’’ The NRC’s 

position is based upon the following 

considerations: 

First, the DRG provides guidance to 

the NRC staff on how to review an 

application for NRC regulatory approval 

in the form of licensing. New guidance 

intended for use by only the staff is not 

a matter that constitutes backfitting as 

that term is defined in 10 CFR 

50.109(a)(1); constitutes forward fitting 

as that term is defined and described in 


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12990 Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Notices 

MD 8.4; or affects issue finality of any 

approval issued under 10 CFR part 52, 

‘‘Licenses, Certificates, and Approvals 

for Nuclear Power Plants.’’ 

Second, the NRC staff does not intend 

to use the guidance in the DRG to 

support NRC staff actions in a manner 

that would constitute backfitting or 

forward fitting. If, in the future, the NRC 

seeks to impose a position in the DRG 

in a manner that constitutes backfitting 

or forward fitting or affects the issue 

finality for a 10 CFR part 52 approval, 

then the NRC will address the 

backfitting provision in 10 CFR 50.109, 

the forward fitting provision of MD 8.4, 

or the applicable issue finality provision 

in 10 CFR part 52, respectively. 

III. Congressional Review Act 

This DRG is a rule as defined in the 

Congressional Review 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. 

Dated: March 2, 2021. 

For the Nuclear Regulatory Commission. 

Mohamed K. Shams, 

Division Director, Division of Advanced 

Reactors and Non-Power Production and 

Utilization Facilities, Office of Nuclear 

Reactor Regulation. 

[FR Doc. 2021–04640 Filed 3–4–21; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–331; NRC–2020–0148] 

NextEra Energy Duane Arnold, LLC; 

Duane Arnold Energy Center; PostShutdown Decommissioning Activities 

Report 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Reopening of comment period. 

SUMMARY: On June 19, 2020, the U.S. 

Nuclear Regulatory Commission (NRC) 

solicited comments on the postshutdown decommissioning activities 

report (PSDAR) for the Duane Arnold 

Energy Center (DAEC). The PSDAR, 

which includes the site-specific 

decommissioning cost estimate (DCE), 

provides an overview of NextEra Energy 

Duane Arnold, LLC’s (NEDA or the 

licensee’s) planned decommissioning 

activities, schedule, projected costs, and 

environmental impacts for DAEC. The 

public comment period closed on 

October 19, 2020, was reopened on 

October 26, 2020, and closed again on 

February 19, 2021. The NRC has 

decided to reopen the public comment 

period for a second time to provide 

additional time for members of the 

public to develop and submit their 

comments, as well as to allow time for 

an in-person public meeting on the 

PSDAR. The NRC will hold a public 

meeting to discuss the PSDAR’s content 

and receive comments once restrictions 

associated with the Coronavirus Disease 

2019 public health emergency are lifted. 

DATES: The comment period for the 

document published on June 19, 2020 

(85 FR 37116) has been reopened. 

Comments should be filed no later than 

August 19, 2021. Comments received 

after this date will be considered, if it 

is practical to do so, but the 

Commission is able to ensure 

consideration only for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any of the following methods (unless 

this document describes a different 

method for submitting comments on a 

specific subject); however, the NRC 

encourages electronic comment 

submission through the Federal 

Rulemaking website: 

• Federal Rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2020–0148. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• Mail comments to: Office of 

Administration, Mail Stop: TWFN–7– 

A60M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, ATTN: Program Management, 

Announcements and Editing Staff. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Marlayna V. Doell, Office of Nuclear 

Materials Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone: 

301–415–3178; email: Marlayna.Doell@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2020– 

0148 when contacting the NRC about 

the availability of information for this 

action. You may obtain publicly 

available information related to this 

action by any of the following methods: 

• Federal Rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2020–0148. 

• NRC’s 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 NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The ADAMS accession number 

for each document referenced (if it is 

available in ADAMS) is provided the 

first time that it is mentioned in this 

document. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to the PDR via 

email at pdr.resource@nrc.gov or call 1– 

800–397–4209 or 301–415–4737, 

between 8:00 a.m. and 4:00 p.m. (EST), 

Monday through Friday, except Federal 

holidays. 

B. Submitting Comments 

The NRC encourages electronic 

comment submission through the 

Federal Rulemaking website (https://

www.regulations.gov). Please include 

Docket ID NRC- 2020–0148 in your 

comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at https://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Discussion 

On June 19, 2020, the NRC solicited 

comments on the PSDAR dated April 2, 

2020, including the site-specific DCE for 

DAEC (ADAMS Accession No. 

ML20094F603). The purpose of the 

original Federal Register notice (85 FR 


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