Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules 17947

certification is in effect under §§ 52.55 or

52.61, unless:

(i) A modification is necessary to secure

compliance with the Commission’s

regulations applicable and in effect at the

time the certification was issued, or to assure

adequate protection of the public health and

safety or the common defense and security;

and

(ii) Special circumstances as defined in 10

CFR 50.12(a) are present.

(4) An applicant or licensee who references

the design certification may request an

exemption from Tier 2 information. The

Commission may grant such a request only

if it determines that the exemption will

comply with the requirements of 10 CFR

50.12(a). The granting of an exemption on

request of an applicant must be subject to

litigation in the same manner as other issues

in the construction permit, operating license,

or combined license hearing.

(5)(i) An applicant or licensee who

references the design certification may depart

from Tier 2 information, without prior NRC

approval, unless the proposed change

involves a change to Tier 1 or Tier 2*

information, as identified in the DCD, the

technical specifications, or an unreviewed

safety question as defined in paragraphs

(b)(5)(ii) or (b)(5)(iii) of this section. When

evaluating the proposed change, an applicant

or licensee shall consider all matters

described in the DCD, including generic

issues and shutdown risk for all postulated

accidents including severe accidents. These

changes will no longer be considered

‘‘matters resolved in connection with the

issuance or renewal of a design certification’’

within the meaning of 10 CFR 52.63(a)(4).

(ii) A proposed departure from Tier 2

information, other than severe accident

issues identified in Section 19.11 of the DCD,

including appendices 19.11A through

19.11L, must be deemed to involve an

unreviewed safety question if:

(A) The probability of occurrence or the

consequences of an accident or malfunction

of equipment important to safety previously

evaluated in the DCD may be increased;

(B) A possibility for an accident or

malfunction of a different type than any

evaluated previously in the DCD may be

created; or

(C) The margin of safety as defined in the

basis for any technical specification is

reduced.

(iii) A proposed departure from

information associated with severe accident

issues identified in Section 19.11 of the DCD,

including appendices 19.11A through

19.11L, must be deemed to involve an

unreviewed safety question if:

(A) There is a substantial increase in the

probability of a severe accident such that a

particular severe accident previously

reviewed and determined to be not credible

could become credible; or

(B) There is a substantial increase in the

consequences to the public of a particular

severe accident previously reviewed.

(iv) Departures from Tier 2 information

made in accordance with Section 8(b)(5)

above do not require an exemption from this

design certification rule.

(c) Other requirements of this design

certification rule.

An applicant or licensee who references

the design certification may not depart from

this rule’s requirements, other than Tier 1 or

2 information, other than by an exemption in

accordance with 10 CFR 50.12.

9. Records and Reports.

(a) Records.

(1) The applicant for this design

certification shall maintain a copy of the DCD

that includes all generic changes to Tier 1

and Tier 2 information.

(2) An applicant or licensee that references

this design certification shall maintain

records of all changes to and departures from

the DCD pursuant to Section 8 of this

appendix. Records of changes made pursuant

to Section 8(b)(5) must include a written

safety evaluation which provides the bases

for the determination that the proposed

change does not involve an unreviewed

safety question, a change to Tier 1 or Tier 2*

information, or a change to the technical

specifications.

(b) Reports. An applicant or licensee that

references this design certification shall

submit a report to the NRC, as specified in

10 CFR 50.4, containing a brief description of

any departures from the DCD, including a

summary of the safety evaluation of each. An

applicant or licensee shall also submit

updates to the DCD to ensure that the DCD

contains the latest material developed for

both Tier 1 and 2 information. The

requirements of 10 CFR 50.71 for safety

analysis reports must apply to these updates.

These reports and updates must be submitted

at the frequency specified below:

(1) During the interval from the date of

application to the date of issuance of either

a construction permit under 10 CFR part 50

or a combined license under 10 CFR part 52,

the report and any updates to the DCD may

be submitted along with amendments to the

application.

(2) During the interval from the date of

issuance of either a construction permit

under 10 CFR part 50 or a combined license

under 10 CFR part 52 until the applicant or

licensee receives either an operating license

under 10 CFR part 50 or the Commission

makes its findings under 10 CFR 52.103, the

report must be submitted quarterly. Updates

to the DCD must be submitted annually.

(3) Thereafter, reports and updates to the

DCD may be submitted annually or along

with updates to the safety analysis report for

the facility as required by 10 CFR 50.71, or

at such shorter intervals as may be specified

in the license.

(c) Retention period. The DCD and the

records of changes to and departures from the

DCD must be maintained until the date of

termination of the construction permit or

license.

Dated at Rockville, MD, this 31st day of

March, 1995.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 95–8380 Filed 4–6–95; 8:45 am]

BILLING CODE 7590–01–P

10 CFR Part 52

Standard Design Certification for the

U.S. Advance Boiling Water Reactor

and the System 80+ Standard Designs;

Meeting

AGENCY: Nuclear Regulatory

Commission.

ACTION: Notice of public meeting.

SUMMARY: The Nuclear Regulatory

Commission (NRC) will conduct a

meeting on May 11, 1995, to discuss

proposed design certification rules

(DCRs) for the U.S. Advanced Boiling

Water Reactor (ABWR) and System 80+

Standard Designs. The applicant for

certification of the U.S. ABWR design is

GE Nuclear Energy and the applicant for

certification of the System 80+ design is

Combustion Engineering, Inc. The

purpose of the public meeting is to

discuss the meaning and intent of the

proposed DCRs, in order to facilitate

written comments.

DATES: The meeting will be held on

Thursday, May 11, 1995.

ADDRESSES: The meeting will be held in

the NRC Auditorium. The NRC

Auditorium is located on an

underground level between the One

White Flint North Building and the Two

White Flint North Building at 11545

Rockville Pike, Rockville, Maryland

20852. The NRC buildings are located

across the street from the White Flint

Metro Station. The entrance to the

auditorium is located underneath the

glass pyramid, near the Two White Flint

North Building.

The proposed DCRs, the design

control documents that are incorporated

by reference into the DCRs, and the

environmental assessments for each

design are available for examination and

copying at the NRC Public Document

Room, 2120 L Street, NW. (Lower

Level), Washington, DC, between the

hours of 7:45 a.m. and 5:15 p.m. on

Federal workdays.

FOR FURTHER INFORMATION CONTACT: Jerry

N. Wilson or Dino C. Scaletti, Office of

Nuclear Reactor Regulation, Mail Stop

O–11 H–3, U.S. NRC, Washington, DC

20555–0001, telephone (301) 415–3145

or (301) 415–1104, respectively.

SUPPLEMENTARY INFORMATION: The NRC’s

regulations in subpart B to 10 CFR part

52 provide the requirements applicable

to issuing a design certification for a

standard nuclear power plant design.

The NRC has issued two proposed DCRs

pursuant to Subpart B in this issue of

the Federal Register. These rules will be

added as separate appendices to 10 CFR

part 52. The NRC is seeking public

participation in the development of
17948 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules

these DCRs and the supporting

documents identified below. In order to

explain the proposed approach and to

facilitate written comments on the

DCRs, the NRC is holding a public

meeting on this topic. The NRC will also

answer questions on the process for

requesting an informal hearing on the

DCRs. The meeting will begin at 9 a.m.

and end after all questions and

comments have been accommodated.

Agenda for May 11, 1995

8:30 a.m.—Registration.

9 a.m.—Introduction and Background.

9:30 a.m.—NRC panel responds to

questions on proposed DCRs.

Dated at Rockville, MD, this 27th day of

March, 1995.

For the Nuclear Regulatory Commission.

R.W. Borchardt,

Director, Standardization Project Directorate,

Associate Directorate for Advanced Reactors

and License Renewal, Office of Nuclear

Reactor Regulation.

[FR Doc. 95–8381 Filed 4–6–95; 8:45 am]

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