[Federal Register Volume 86, Number 181 (Wednesday, September 22, 2021)]
[Rules and Regulations]
[Pages 52593-52599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20226]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / 
Rules and Regulations

[[Page 52593]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 52

[NRC-2020-0269]
RIN 3150-AK56


Extending the Duration of the AP1000 Design Certification

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule and issuance of environmental assessment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
regulations to update the design to reflect changes provided by 
Westinghouse Electric Company LLC and to extend the duration of the 
AP1000 design certification for an additional 5 years. The NRC is also 
issuing an environmental assessment.

DATES: The final rule is effective December 6, 2021, unless significant 
adverse comments are received by October 22, 2021. If the direct final 
rule is withdrawn as a result of such comments, timely notice of the 
withdrawal will be published in the Federal Register. The incorporation 
by reference of certain publications listed in this regulation is 
approved by the Director of the Office of the Federal Register as of 
December 6, 2021.

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):
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0269. Address 
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; 
email: <a href="/cdn-cgi/l/email-protection#dc98bdabb2f29ab3aeb8b9ae9cb2aebff2bbb3aa"><span class="__cf_email__" data-cfemail="581c392f36761e372a3c3d2a18362a3b763f372e">[email protected]</span></a>. For technical questions contact the 
individuals listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    <bullet> Email comments to: <a href="/cdn-cgi/l/email-protection#c795b2aba2aaa6acaea9a0e984a8aaaaa2a9b3b487a9b5a4e9a0a8b1"><span class="__cf_email__" data-cfemail="2c7e594049414d4745424b026f4341414942585f6c425e4f024b435a">[email protected]</span></a>. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
    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: Daniel Doyle, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-3748, email: 
<a href="/cdn-cgi/l/email-protection#d89cb9b6b1bdb4f69cb7a1b4bd98b6aabbf6bfb7ae"><span class="__cf_email__" data-cfemail="eca88d82858980c2a883958089ac829e8fc28b839a">[email protected]</span></a>, or Bruce Bavol, Office of Nuclear Reactor 
Regulation, telephone: 301-415-6715, email: <a href="/cdn-cgi/l/email-protection#5210202731377c1033243d3e123c20317c353d24"><span class="__cf_email__" data-cfemail="d694a4a3b5b3f894b7a0b9ba96b8a4b5f8b1b9a0">[email protected]</span></a>. Both 
are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Discussion
V. Section-by-Section Analysis
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Plain Writing
X. Environmental Assessment and Final Finding of No Significant 
Impact
XI. Paperwork Reduction Act
XII. Congressional Review Act
XIII. Agreement State Compatibility
XIV. Voluntary Consensus Standards
XV. Availability of Documents
XVI. Procedures for Access to Proprietary and Security-Related 
Information for Preparation of Comments on the Direct Final Rule
XVII. Incorporation by Reference--Reasonable Availability to 
Interested Parties

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2020-0269 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:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0269.
    <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 reference staff at 1-800-397-4209, at 301-415-4737, or by 
email to <a href="/cdn-cgi/l/email-protection#83d3c7d1add1e6f0ecf6f1e0e6c3edf1e0ade4ecf5"><span class="__cf_email__" data-cfemail="e0b0a4b2ceb285938f95928385a08e9283ce878f96">[email protected]</span></a>. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the Availability of Documents section.
    <bullet> Attention: The Public Document Room, where you may examine 
and order copies of public documents, is currently closed. You may 
submit your request via email at <a href="/cdn-cgi/l/email-protection#164652443844736579636475735678647538717960"><span class="__cf_email__" data-cfemail="e7b7a3b5c9b582948892958482a7899584c9808891">[email protected]</span></a> or call 1-800-
397-4209 between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, 
except Federal holidays.
    <bullet> Attention: The Technical Library, which is located at Two 
White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852, is 
open by appointment only. Interested parties may make appointments to 
examine documents by contacting the NRC Technical Library by email at 
<a href="/cdn-cgi/l/email-protection#b6fadfd4c4d7c4cf98e4d3c5d9c3c4d5d3f6d8c4d598d1d9c0"><span class="__cf_email__" data-cfemail="4804212a3a293a31661a2d3b273d3a2b2d08263a2b662f273e">[email protected]</span></a> between 8:00 a.m. and 4:00 p.m. (ET), 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-2020-0269 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

[[Page 52594]]

submissions available to the public or entering the comment into ADAMS. 
Comments received after October 22, 2021, will be considered if it is 
practical to do so, but the NRC is able to ensure consideration only 
for comments received on or before this date. Comments received on this 
direct final rule also will be considered to be comments on a companion 
proposed rule published in the Proposed Rules section of this issue of 
the Federal Register.

II. Rulemaking Procedure

    Because the NRC anticipates that this action will be non-
controversial, the NRC is using the ``direct final rule procedure'' for 
this rule. The rule will become effective on December 6, 2021. However, 
if the NRC receives significant adverse comments by October 22, 2021, 
then the NRC will publish a document that withdraws this direct final 
rule and will subsequently address the comments received in any final 
rule as a response to the companion proposed rule published in the 
Proposed Rules section of this issue of the Federal Register. Absent 
significant modifications to the proposed revisions requiring 
republication, the NRC does not intend to initiate a second comment 
period on this action in the event the direct final rule is withdrawn.
    A significant adverse comment is a comment in which the commenter 
explains why the rule (including the environmental assessment) would be 
inappropriate, including challenges to the rule's underlying premise or 
approach, or would be ineffective or unacceptable without a change. A 
comment is adverse and significant if it meets the following criteria:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC to reevaluate (or reconsider) its 
position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC to make a change (other than 
editorial) to the rule.
    For detailed instructions on filing comments, please see the 
ADDRESSES section in the companion proposed rule published in the 
Proposed Rules section of this issue of the Federal Register.

III. Background

    The NRC is amending the design certification (DC) for the AP1000 
standard plant design to extend the duration of the DC for 5 years, as 
proposed by the NRC staff in SECY-20-0082, ``Rulemaking Plan to Extend 
the Duration of the AP1000 Design Certification,'' dated September 8, 
2020 (``rulemaking plan''), and approved by the Commission in SRM-SECY-
20-0082, dated November 17, 2020. To issue this extension, the NRC must 
conclude that the standard design continues to meet the applicable 
standards and requirements of the Atomic Energy Act of 1954, as amended 
(the AEA), and the Commission's regulations. This action allows an 
applicant to reference the AP1000 design certification while the 
Commission considers potential changes to the duration and renewal of 
future and currently valid design certifications more broadly in a 
separate, ongoing rulemaking (Alignment of Licensing Processes and 
Lessons Learned from New Reactor Licensing NRC-2009-0196; RIN 3150-
AI66). The NRC also is updating the DC to reflect changes provided by 
Westinghouse Electric Company LLC (Westinghouse), by letter dated March 
19, 2021 (ADAMS Accession No. ML21081A023).
    The purpose of the amendment is to extend by 5 years the period 
that the AP1000 DC is valid for referencing by an applicant and to 
include design changes previously approved by the NRC in multiple 
combined license proceedings. The extended duration aligns with the 
extended renewal period previously granted by the NRC to Westinghouse 
for the AP1000 DC in its exemption issued by letter dated February 14, 
2018 (ADAMS Accession No. ML17265A099). With this duration extension, 
the AP1000 DC remains valid for referencing until February 27, 2026.
    The AP1000 DC in appendix D, ``Design Certification Rule for the 
AP1000 Design,'' to part 52, ``Licenses, Certifications, and Approvals 
for Nuclear Power Plants,'' of title 10 of the Code of Federal 
Regulations (10 CFR) expired on February 27, 2021. By letter dated June 
26, 2020, Westinghouse requested that the NRC extend the duration of 
the AP1000 DC by 5 years, retroactive to the expiration date.

IV. Discussion

    In the rulemaking plan, the NRC staff acknowledged that there were 
known design issues that it would need to assess in the rulemaking to 
determine their impact on the necessary safety and environmental 
findings. The following five aspects of the design were discovered to 
have issues after the NRC updated the design certification rule to 
incorporate Revision 19 of the AP1000 design control document (DCD) 
(ADAMS Accession No. ML11171A500) on December 30, 2011: (1) Passive 
core cooling system containment condensate return, (2) main control 
room dose, (3) main control room heatup, (4) hydrogen vent inspections, 
tests, analyses, and acceptance criteria (ITAAC), and (5) neutron flux 
logic operating bypass. Combined license holders and applicants have 
previously referenced and resolved these five design issues, and the 
NRC has approved the same changes to address the issues in multiple 
combined license applications and amendments.
    After the NRC staff began assessing the known design issues for the 
rulemaking, Westinghouse indicated its preference to update the design 
to reflect the changes made in the previous applications referencing 
the AP1000 design. By letter dated March 19, 2021 (ADAMS Accession No. 
ML21081A023), Westinghouse submitted applicable AP1000 DCD markups and 
references that illustrate how: (1) The five issues have been corrected 
based on construction of the current AP1000 reactors for Southern 
Nuclear Company Vogtle Electric Generating Plant, Units 3 and 4, and 
(2) Westinghouse has marked up the referenced DCD in accordance with 
those changes. The NRC staff used these references to verify the 
Westinghouse submitted DCD markups are the same as the design changes 
the NRC has previously reviewed and approved to address the design 
issues.
    The NRC staff verified, as documented in the NRC staff's 
Verification Evaluation Report, that the corrected information provided 
in the markups is the same as has been previously reviewed and approved 
by the NRC for various combined license and license amendment 
applications. In reviewing those applications, the NRC staff determined 
that the design changes resolved the identified design issues, met the 
applicable regulations, and that the design as modified met the 
applicable requirements of the AEA and the NRC's regulations. Neither 
the applicable provisions of the AEA nor the NRC's regulations have 
changed since those applications were approved.

[[Page 52595]]

Therefore, the NRC concludes that the relevant safety findings reached 
in the NRC staff reviews of those prior applications apply to the 
AP1000 design changes incorporated by this final rule and that the 
standard design, as modified by those changes, meets the applicable 
standards of the AEA and the NRC's regulations.

V. Section-by-Section Analysis

    The following paragraphs describe the specific changes in this 
direct final rule.

Appendix D to Part 52--Design Certification Rule for the AP1000 Design

    This direct final rule amends appendix D to 10 CFR part 52 to 
incorporate amendments to the AP1000 generic design and to extend the 
duration of the design certification for the AP1000 standard plant 
design for 5 years.

II. Definitions

    This final rule revises paragraph A by making ``document'' and 
``is'' plural.

III. Scope and Contents

    This final rule revises paragraph A to include new documents. It 
also amends paragraph D by adding new paragraph D.3. to clarify which 
document controls if there is a conflict between the generic DCD and 
any of the safety evaluations listed in new paragraphs D.3.a. through 
D.3.f.

V. Applicable Regulations

    This final rule adds a new paragraph A.3. to show the regulations 
that are applicable to the generic AP1000 design as amended.

VI. Issue Resolution

    This final rule revises paragraphs B.1. to include the Verification 
Evaluation Report and note that the documents referenced in this 
paragraph have been amended by the supplemental information submitted 
by Westinghouse. It revises paragraph B.7 to include the NRC's final 
environmental assessment of the amendment and extension of the AP1000 
DC.

VII. Duration of This Appendix

    This final rule revises the period of reference for Appendix D from 
15 years to 20 years.

VI. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC 
certifies that this direct final rule does not have a significant 
economic impact on a substantial number of small entities. This direct 
final rule affects only the licensing and operation of nuclear power 
plants. The companies that own these plants or would apply to own such 
a plant do not fall within the scope of the definition of ``small 
entities'' set forth in the Regulatory Flexibility Act or the size 
standards established by the NRC (Sec.  2.810).

VII. Regulatory Analysis

    The NRC has not prepared a regulatory analysis for this direct 
final rule. The NRC prepares regulatory analyses for rulemakings that 
establish generic regulatory requirements applicable to all licensees. 
Design certifications are not generic rulemakings in the sense that 
design certifications do not establish standards or requirements with 
which all licensees must comply. Rather, design certifications are NRC 
approvals of specific nuclear power plant designs by rulemaking, which 
then may be voluntarily referenced by applicants for combined licenses 
or construction permits. For these reasons, the NRC concludes that 
preparation of a regulatory analysis is neither required nor 
appropriate.

VIII. Backfitting and Issue Finality

    The NRC has determined that this direct final rule does not 
constitute backfitting as defined in the backfit rule (Sec.  50.109) 
and does not affect the issue finality of any approval issued under 10 
CFR part 52.
    This final rule extending the duration of the AP1000 design 
certification and adopting design changes does not constitute 
backfitting as defined in the backfit rule because the extension of the 
design certification does not affect any previously issued licenses. In 
addition, the design changes do not constitute backfitting because all 
existing licenses referencing the AP1000 standard design have 
previously been amended to adopt the same design changes incorporated 
by this rule, and the rule therefore does not result in modifications 
or additions to those facilities.
    This rule does not affect the issue finality of any approval issued 
under 10 CFR part 52 because the AP1000 design certification is not 
currently in effect under Sec. Sec.  52.55 or 52.61, and therefore 
issue finality under Sec.  52.63(a) does not apply to the AP1000 design 
certification rule.

IX. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner that also follows other best practices appropriate to the 
subject or field and the intended audience. The NRC has written this 
document to be consistent with the Plain Writing Act as well as the 
Presidential Memorandum, ``Plain Language in Government Writing,'' 
published June 10, 1998 (63 FR 31885).

X. Environmental Assessment and Final Finding of No Significant Impact

    The NRC has determined under the National Environmental Policy Act 
of 1969, as amended (NEPA), and the NRC's regulations in subpart A, 
``National Environmental Policy Act--Regulations Implementing Section 
102(2),'' of 10 CFR part 51, ``Environmental Protection Regulations for 
Domestic Licensing and Related Regulatory Functions,'' that this direct 
final rule, if confirmed, would not be a major Federal action 
significantly affecting the quality of the human environment and, 
therefore, an environmental impact statement is not required. The NRC's 
generic determination in this regard, reflected in Sec.  51.32(b)(1), 
is based upon the following considerations. A design certification rule 
does not authorize the siting, construction, or operation of a facility 
referencing any particular design, but only codifies a standard design 
certification in a rule (extending the AP1000 design certification and 
incorporating changes to the design in this case). The NRC will 
evaluate the environmental impacts and issue an environmental impact 
statement as appropriate under NEPA as part of the application for the 
construction and operation of a facility referencing any particular 
design certification rule.
    The determination of this environmental assessment is that there 
will be no significant environmental impact from this action. The 
environmental assessment is available as indicated in the Availability 
of Documents section.

XI. Paperwork Reduction Act

    This direct final rule does not contain any new or amended 
collections of information subject to the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were 
approved by the Office of Management and Budget, control number 3150-
0151.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the document requesting 
or requiring the collection displays a currently valid Office of 
Management and Budget control number.

[[Page 52596]]

XII. Congressional Review Act

    This direct final rule 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.

XIII. Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement States Programs,'' approved by the Commission on June 20, 
1997, and published in the Federal Register (62 FR 46517; September 3, 
1997), this rule is classified as compatibility ``NRC.'' Compatibility 
is not required for Category ``NRC'' regulations. The NRC program 
elements in this category are those that relate directly to areas of 
regulation reserved to the NRC by the Atomic Energy Act or the 
provisions of 10 CFR, and although an Agreement State may not adopt 
program elements reserved to the NRC, it may wish to inform its 
licensees of certain requirements by a mechanism that is consistent 
with a particular State's administrative procedure laws, but does not 
confer regulatory authority on the State.

XIV. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless the use of such a standard is inconsistent with 
applicable law or otherwise impractical. Design certifications are not 
generic rulemakings establishing a generally applicable standard with 
which all 10 CFR parts 50 and 52 nuclear power plant licensees must 
comply. Design certifications are Commission approvals of specific 
nuclear power plant designs by rulemaking. Furthermore, design 
certifications are initiated by an applicant for rulemaking, rather 
than by the NRC. This action does not constitute the establishment of a 
standard that contains generally applicable requirements.

XV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
                                        ADAMS Accession No./  Federal
             Document                         Register citation
------------------------------------------------------------------------
Environmental Assessment by the     ML21181A109
 U.S. Nuclear Regulatory
 Commission Relating to Extension
 of the AP1000 Standard Design
 Certification Docket No. 52-006,
 dated September 1, 2021.
Reactor Regulatory History on       ML003761550
 Design Certification Rules, dated
 April 26, 2000 \1\.
SECY-20-0082, ``Rulemaking Plan to  ML20252A153
 Extend the Duration of the AP1000
 Design Certification,'' dated
 September 8, 2020.
Staff Requirements Memorandum for   ML20322A047
 SECY-20-0082, ``Rulemaking Plan
 to Extend the Duration of the
 AP1000 Design Certification,''
 dated November 17, 2020.
U.S. Nuclear Regulatory Commission  ML21131A221
 Verification Evaluation Report,
 dated May 11, 2021.
Westinghouse AP1000 Design Control  ML11171A500
 Document Revision 19, dated June
 13, 2011.
NRC Letter for the Staff            ML17265A099
 Evaluation of the Westinghouse
 Request for Exemptions Related to
 the Duration of the AP1000 Design
 Certification, dated February 14,
 2018.
Westinghouse Electric Company LLC-- ML20178A640
 AP1000 Design Certification
 Extension Request, dated June 26,
 2020.
Westinghouse Electric Company LLC,  ML21081A023
 Supplemental Information to
 Support the AP1000 Design
 Certification Extension (Non-
 proprietary), DCP_NRC_003343,
 dated March 19, 2021.
Safety Evaluation--Issuance of      ML17024A307
 Amendment Nos. 72 and 71 for
 Southern Nuclear Company, Inc.,
 Vogtle Units 3 and 4,
 Respectively, License Amendment
 Request (LAR) 16-026, dated
 February 27, 2017.
Safety Evaluation--Amendment Nos.   ML18085A628
 123 and 122 for Southern Nuclear
 Company, Inc., Vogtle Electric
 Generating Plant Units 3 and 4,
 Respectively, LAR-17-023, dated
 April 20, 2018.
Safety Evaluation--Amendment Nos.   ML18011A894
 108 and 107 for Southern Nuclear
 Company, Inc., Vogtle Units 3 and
 4, Respectively, LAR-17-001,
 dated February 1, 2018.
Safety Evaluation--Amendment Nos.   ML17213A224
 84 and 83 for Southern Nuclear
 Company, Inc., Vogtle Units 3 and
 4, Respectively, LAR-17-003,
 dated August 23, 2017.
Safety Evaluation--Amendment Nos.   ML16320A174
 71 and 70 for Southern Nuclear
 Company, Inc., Vogtle Units 3 and
 4, Respectively, LAR-16-006,
 dated February 24, 2017.
Safety Evaluation--Florida Power    ML16266A185
 and Light Company's Turkey Point
 Nuclear Generating Units 6 and 7,
 FSER Chapter 16, ``Technical
 Specifications,'' dated November
 10, 2016.
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2020-0269.
---------------------------------------------------------------------------

    \1\ The regulatory history of the NRC's design certification 
reviews is a package of documents that is available in the NRC's 
Public Document Room and NRC Library: Reactor Regulatory History on 
Design Certification Rules, April 26, 2000. This history spans the 
period during which the NRC simultaneously developed the regulatory 
standards for reviewing these designs and the form and content of 
the rules that certified the designs. This document predates this 
rulemaking and therefore does not contain a regulatory history for 
this rulemaking.
---------------------------------------------------------------------------

XVI. Procedures for Access to Proprietary and Security-Related 
Information for Preparation of Comments on the Direct Final Rule

    This section contains instructions regarding how the non-publicly 
available documents related to this rule, and specifically the 
information contained in Enclosure 2 and Enclosure 4 of the March 19, 
2021, letter from Westinghouse, ``Information Submittal Related to the 
AP1000 Design Certification Extension,'' may be accessed by interested 
persons who wish to comment on the design certification extension. 
These documents contain proprietary information and security-related 
information.
    Interested persons who desire access to proprietary information or 
security-related information on the AP1000 design certification 
extension should first request access to that information from 
Westinghouse Electric Company LLC, the design certification applicant. 
A request for access should be submitted to the NRC if the applicant 
does not either grant or deny access by the 10-day deadline described 
in the following section.

[[Page 52597]]

Submitting a Request to the NRC for Access

    Within 10 days after publication of this direct final rule, any 
individual or entity who believes access to proprietary information or 
security-related information is necessary in order to submit comments 
on this rule may request access to such information. Requests for 
access to proprietary information or security-related information 
submitted more than 10 days after publication of this document will not 
be considered absent a showing of good cause for the late filing 
explaining why the request could not have been filed earlier.
    The requestor shall submit a letter requesting permission to access 
proprietary information or security-related information to the Office 
of the Secretary, U.S. Nuclear Regulatory Commission, Attention: 
Rulemakings and Adjudications Staff, Washington, DC 20555-0001. The 
email address for the Office of the Secretary is 
<a href="/cdn-cgi/l/email-protection#1644637a737b777d7f78713855797b7b737862655678647538717960"><span class="__cf_email__" data-cfemail="752700191018141e1c1b125b361a1818101b0106351b07165b121a03">[email protected]</span></a>. The requestor must send a copy of the 
request to the design certification applicant at the same time as the 
original transmission to the NRC using the same method of transmission. 
Requests to the applicant must be sent to Zachary S. Harper, Manager, 
Licensing Engineering, Westinghouse Electric Company LLC, 1000 
Westinghouse Drive, Cranberry Township, Pennsylvania 16066.
    The request must include the following information:
    (1) The name of this design certification, AP1000 Design 
Certification; the rulemaking identification number, RIN 3150-AK56; the 
rulemaking docket number, NRC-2020-0269; and the Federal Register 
citation for this rule.
    (2) The name, address, and email or fax number of the requestor.
    (3) The identity of the individual(s) to whom access is to be 
provided, including the identity of any expert, consultant, or 
assistant who will aid the requestor in evaluating the information.
    (4) The requestor's need for the proprietary information or 
security-related information in order to prepare meaningful comments on 
the design certification extension must be demonstrated. Each of the 
following areas must be addressed with specificity:
    (a) The specific issue or subject matter on which the requestor 
wishes to comment.
    (b) An explanation why information which is publicly available is 
insufficient to provide the basis for developing meaningful comment on 
the AP1000 design certification extension rule with respect to the 
issue or subject matter described in paragraph 4.a. of this section.
    (c) The technical competence (demonstrable knowledge, skill, 
training or education) of the requestor to effectively utilize the 
requested information to provide the basis for meaningful comment. 
Technical competence may be shown by reliance on a qualified expert, 
consultant, or assistant who satisfies these criteria.
    (d) A chronology and discussion of the requestor's attempts to 
obtain the information from the design certification applicant, and the 
final communication from the requestor to the applicant and the 
applicant's response, if any was provided, with respect to the request 
for access to proprietary information or security-related information 
must be submitted.
    Based on an evaluation of the information submitted under paragraph 
(4) of this section, as applicable, the NRC will determine within 10 
days of receipt of the request whether the requestor has established a 
legitimate need for access to proprietary information or security-
related information.

Determination of Legitimate Need for Access

    If the NRC determines that the requestor has established a 
legitimate need for access to proprietary information or security-
related information, the NRC will notify the requestor in writing that 
access to proprietary information or security-related information has 
been granted. The written notification will contain instructions on how 
the requestor may obtain copies of the requested documents and any 
other conditions that may apply to access to those documents. These 
conditions may include, but are not limited to, the signing of a Non-
Disclosure Agreement or Affidavit by each individual who will be 
granted access.

Filing of Comments on the AP1000 Design Certification Extension Rule 
Based on Non-Public Information

    Any comments on this final rule that are based upon the disclosed 
proprietary information or security-related information must be filed 
by the requestor no later than 25 days after receipt of (or access to) 
that information, or the close of the public comment period, whichever 
is later. The commenter must comply with all NRC requirements regarding 
the submission of proprietary information and security-related 
information to the NRC when submitting comments to the NRC (including 
marking and transmission requirements).

Review of Denials of Access

    If the request for access to proprietary information or security-
related information is denied by the NRC after a determination on 
requisite need, the NRC staff shall immediately notify the requestor in 
writing, briefly stating the reason or reasons for the denial.
    The requestor may challenge the NRC staff's adverse determination 
by filing a challenge within 5 days of receipt of that determination 
with the NRC's Executive Director for Operations under Sec.  9.29(d).

XVII. Incorporation by Reference--Reasonable Availability to Interested 
Parties

    The NRC is incorporating by reference a document submitted by 
Westinghouse that updates the AP1000 DC, Revision 19. As described in 
the Discussion section of this document, the information submitted by 
Westinghouse includes the applicable AP1000 DC markups and references 
that illustrate how the five known design issues have been corrected 
and how Westinghouse has marked up the referenced DCD in accordance 
with those changes.
    The NRC is required by law to obtain approval for incorporation by 
reference from the Office of the Federal Register. The Office of the 
Federal Register's requirements for incorporation by reference are set 
forth in 1 CFR part 51. These regulations require an agency to include 
in a direct final rule a discussion of the ways that the materials the 
agency incorporates by reference are reasonably available to interested 
parties or how it worked to make those materials reasonably available 
to interested parties. The discussion in this section complies with the 
requirement for direct final rules as set forth in 1 CFR 51.5(b)(2).
    The NRC considers ``interested parties'' to include all potential 
NRC stakeholders, not only the individuals and entities regulated or 
otherwise subject to the NRC's regulatory oversight. These NRC 
stakeholders are not a homogeneous group but vary with respect to the 
considerations for determining reasonable availability. Therefore, the 
NRC distinguishes between different classes of interested parties for 
the purposes of determining whether the material is ``reasonably 
available.'' The NRC considers the following to be classes of 
interested parties in NRC rulemakings with regard

[[Page 52598]]

to the material to be incorporated by reference:
    <bullet> Individuals and small entities regulated or otherwise 
subject to the NRC's regulatory oversight (this class also includes 
applicants and potential applicants for licenses and other NRC 
regulatory approvals) and who are subject to the material to be 
incorporated by reference by rulemaking. In this context, ``small 
entities'' has the same meaning as a ``small entity'' under Sec.  
2.810.
    <bullet> Large entities otherwise subject to the NRC's regulatory 
oversight (this class also includes applicants and potential applicants 
for licenses and other NRC regulatory approvals) and who are subject to 
the material to be incorporated by reference by rulemaking. In this 
context, ``large entities'' are those that do not qualify as a ``small 
entity'' under Sec.  2.810.
    <bullet> Non-governmental organizations with institutional 
interests in the matters regulated by the NRC.
    <bullet> Other Federal agencies, States, local governmental bodies 
(within the meaning of Sec.  2.315(c)).
    <bullet> Federally-recognized and State-recognized \2\ Indian 
tribes.
---------------------------------------------------------------------------

    \2\ State-recognized Indian tribes are not within the scope of 
10 CFR 2.315(c). However, for purposes of the NRC's compliance with 
1 CFR 51.5, ``interested parties'' includes a broad set of 
stakeholders, including State-recognized Indian tribes.
---------------------------------------------------------------------------

    <bullet> Members of the general public (i.e., individual, 
unaffiliated members of the public who are not regulated or otherwise 
subject to the NRC's regulatory oversight) who may wish to gain access 
to the materials which the NRC incorporates by reference by rulemaking 
in order to participate in the rulemaking process.
    The NRC makes the materials incorporated by reference available for 
inspection to all interested parties, by appointment, at the NRC 
Technical Library, which is located at Two White Flint North, 11545 
Rockville Pike, Rockville, Maryland 20852; telephone: 301-415-7000; 
email: <a href="/cdn-cgi/l/email-protection#0b476269796a797225596e78647e79686e4b657968256c647d"><span class="__cf_email__" data-cfemail="afe3c6cdddceddd681fdcadcc0daddcccaefc1ddcc81c8c0d9">[email protected]</span></a>. In addition, as described in the 
Availability of Documents section, documents related to this direct 
final rule are available online in the NRC's Agencywide Documents 
Access and Management System (ADAMS) Public Documents collection at 
https://www.nrc.gov/reading-rm/adams.html.
    The NRC concludes that the materials the NRC is incorporating by 
reference in this final rule are reasonably available to all interested 
parties because the materials are available to all interested parties 
in multiple ways and in a manner consistent with their interest in the 
materials.

List of Subjects in 10 CFR Part 52

    Administrative practice and procedure, Antitrust, Combined license, 
Early site permit, Emergency planning, Fees, Incorporation by 
reference, Inspection, Issue finality, Limited work authorization, 
Nuclear power plants and reactors, Probabilistic risk assessment, 
Prototype, Reactor siting criteria, Redress of site, Penalties, 
Reporting and recordkeeping requirements, Standard design, Standard 
design certification.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended, the Energy Reorganization 
Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting 
the following amendments to 10 CFR part 52:

PART 52--LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER 
PLANTS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 103, 104, 147, 149, 
161, 181, 182, 183, 185, 186, 189, 223, 234 (42 U.S.C. 2133, 2134, 
2167, 2169, 2201, 2231, 2232, 2233, 2235, 2236, 2239, 2273, 2282); 
Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 
U.S.C. 5841, 5842, 5846, 5851); 44 U.S.C. 3504 note.

0
2. In appendix D to part 52:
0
a. Revise sections II.A, III.A, VI.B.1, VI.B.7, and VII; and
0
b. Add sections III.D.3 and V.A.3.
    The revisions and additions read as follows:

Appendix D to Part 52--Design Certification Rule for the AP1000 Design

* * * * *

II. Definitions

    A. Generic design control document (generic DCD) means the 
documents containing the Tier 1 and Tier 2 information and generic 
technical specifications that are incorporated by reference into 
this appendix.
* * * * *

III. Scope and Contents

    A. Tier 1, Tier 2 (including the investment protection short-
term availability controls in Section 16.3), and the generic TSs in 
the AP1000 Design Control Document, Revision 19, (Public Version) 
(AP1000 DCD), APP-GW-GL-702, dated June 13, 2011, and the amendments 
thereto in DCP_NRC_003343, Supplemental Information to Support the 
AP1000 Design Certification Extension (Non-proprietary), APP-GW-GL-
705 Rev. 0, copyright 2021 (Supplemental Information), are approved 
for incorporation by reference by the Director of the Office of the 
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. Copies of 
the generic DCD and Supplemental Information may be obtained from 
Zachary S. Harper, Manager, Licensing Engineering, Westinghouse 
Electric Company, 1000 Westinghouse Drive, Cranberry Township, 
Pennsylvania 16066, telephone (412) 374-5093. Copies of the generic 
DCD and Supplemental Information are also available for examination 
and copying at the NRC's PDR, Room O-1F21, One White Flint North, 
11555 Rockville Pike, Rockville, Maryland 20852. Copies are 
available, by appointment, for examination at the NRC Library, Two 
White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852, 
telephone (301) 415-5610, email <a href="/cdn-cgi/l/email-protection#e5a98c879784979ccbb780968a90978680a58b9786cb828a93"><span class="__cf_email__" data-cfemail="f1bd989383908388dfa394829e84839294b19f8392df969e87">[email protected]</span></a>. The 
generic DCD and Supplemental Information can also be viewed online 
in the NRC Library at https://www.nrc.gov/reading-rm/adams.html by 
searching under ADAMS Accession Nos. ML11171A500 and ML21081A023. If 
you do not have access to ADAMS or if you have problems accessing 
documents located in ADAMS, contact the NRC's PDR reference staff at 
1-800-397-4209, at 301-415-3747, or by email at 
<a href="/cdn-cgi/l/email-protection#154551473b4770667a60677670557b67763b727a63"><span class="__cf_email__" data-cfemail="5a0a1e0874083f29352f28393f1a342839743d352c">[email protected]</span></a>. Copies of the AP1000 materials are available 
in the ADAMS Public Documents Collection. All approved material is 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email at <a href="/cdn-cgi/l/email-protection#5335217d3a3d20233630273a3c3d133d3221327d343c25"><span class="__cf_email__" data-cfemail="1274603c7b7c61627771667b7d7c527c7360733c757d64">[email protected]</span></a> or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
    D. * * *

0
3. The generic DCD controls if there is a conflict between the generic 
DCD and any of the following Safety Evaluations (SEs) for the matters 
discussed in the ``Verification Evaluation Report,'' May 11, 2021 
(ADAMS Accession No. ML21131A221):
    a. SE for Southern Nuclear Company's (SNC) Vogtle Units 3 and 4, 
respectively, license amendment request (LAR) 16-026, February 27, 2017 
(ADAMS Accession No. ML17024A307);
    b. SE for SNC Vogtle Units 3 and 4, respectively, LAR-17-023, April 
20, 2018 (ADAMS Accession No. ML18085A628);
    c. SE for SNC Vogtle Units 3 and 4, respectively, LAR 17-001, 
February 1, 2018 (ADAMS Accession No. ML18011A894);
    d. SE for SNC Vogtle Units 3 and 4, respectively, LAR-17-003, 
August 23, 2017 (ADAMS Accession No. ML17213A224);
    e. SE for SNC Vogtle Units 3 and 4, respectively, LAR-16-006, 
February 24, 2017 (ADAMS Accession No. ML16320A174);
    f. SE for Florida Power and Light Company's Turkey Point Nuclear 
Generating Units 6 and 7, respectively, Chapter 16, ``Technical 
Specifications,''

[[Page 52599]]

November 10, 2016 (ADAMS Accession No. ML16266A185).
* * * * *

V. Applicable Regulations

    A. * * * The regulations that apply to those portions of the 
AP1000 design as amended by Supplemental Information are in 10 CFR 
parts 20, 50, 52, 73, and 100, codified as of December 6, 2021, that 
are applicable and technically relevant, as described in the SEs 
listed in paragraphs III.D.3.a through III.D.3.f of this appendix.
* * * * *

VI. Issue Resolution

* * * * *
    B. * * * All nuclear safety issues, except for the generic TS 
and other operational requirements, associated with the information 
in the FSER, Supplement Nos. 1 and 2, and the Verification 
Evaluation Report (ADAMS Accession No. ML21131A221); Tier 1 and Tier 
2 (including referenced information, which the context indicates is 
intended as requirements, and the investment protection short-term 
availability controls in Section 16.3 of the DCD) as amended by 
Supplemental Information; and the rulemaking records for initial 
certification, Amendment 1, and the duration extension of the AP1000 
design;
* * * * *
    7. All environmental issues concerning severe accident 
mitigation design alternatives associated with the information in 
the NRC's EA for the AP1000 design, Appendix 1B of Revision 15 of 
the generic DCD, the NRC's final EA for Amendment 1 to the AP1000 
design, Appendix 1B of Revision 19 of the generic DCD, and the NRC's 
final EA relating to the extension of the AP1000 standard design 
certification, for plants referencing this appendix whose site 
parameters are within those specified in the severe accident 
mitigation design alternatives evaluation.
* * * * *

VII. Duration of This Appendix

    This appendix may be referenced for a period of 20 years from 
February 27, 2006, except as provided for in 10 CFR 52.55(b) and 
52.57(b). This appendix remains valid for an applicant or licensee 
who references this appendix until the application is withdrawn or 
the license expires, including any period of extended operation 
under a renewed license.
* * * * *

    Dated September 1, 2021.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021-20226 Filed 9-21-21; 8:45 am]
BILLING CODE 7590-01-P


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