[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Notices]
[Pages 12989-12990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04640]



[[Page 12989]]

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NUCLEAR REGULATORY COMMISSION

[NRC-2020-0072]


Design Review Guide for Instrumentation and Controls for Non-
Light-Water Reactor Reviews

AGENCY: Nuclear Regulatory Commission.

ACTION: Staff guidance; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
Design Review Guide (DRG) entitled ``Instrumentation and Controls for 
Non-Light-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 performance-based, 
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:
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#7a290e1b1903542919120f171b14143a140819541d150c"><span class="__cf_email__" data-cfemail="52012633312b7c01313a273f333c3c123c20317c353d24">[email protected]</span></a>. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#e1918593cf9384928e94938284a18f9382cf868e97"><span class="__cf_email__" data-cfemail="8dfde9ffa3ffe8fee2f8ffeee8cde3ffeea3eae2fb">[email protected]</span></a>. The Design Review Guide (DRG): 
Instrumentation and Controls for Non-Light-Water Reactor (non-LWR) 
Reviews is available in ADAMS under Accession No. ML21011A140.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#7b0b1f0955091e08140e09181e3b150918551c140d"><span class="__cf_email__" data-cfemail="ec9c889ec29e899f83999e8f89ac829e8fc28b839a">[email protected]</span></a> 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: 
<a href="/cdn-cgi/l/email-protection#9cd6f3eef8fdf2b2d4f3f9f0f0f1fdf2aedcf2eeffb2fbf3ea"><span class="__cf_email__" data-cfemail="0d47627f696c63234562686161606c633f4d637f6e236a627b">[email protected]</span></a>, 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 Non-Light 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 performance-based, 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 Non-Light-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, risk-informed, 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

[[Page 12990]]

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


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