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NRC RIN: 3150-AH29 Publication ID: Fall 2010 
Title: Risk-Informed Changes to Loss-of-Coolant Accident Technical Requirements [NRC-2004-0006] 
Abstract: The proposed rule would amend the Commission's regulations to allow for a risk-informed alternative to the present loss-of-coolant accident (LOCA) break size. This rulemaking would address a petition for rulemaking submitted by the Nuclear Energy Institute (NEI) (PRM-50-75). A draft final rule was provided to the Advisory Committee on Reactor Safeguards (ACRS) on October 16, 2006. After reviewing the draft rule, the ACRS informed the Commission of numerous technical and policy concerns and recommended that the rule not be issued. The staff prepared a Commission paper (SECY-07-0082; May 16, 2007) to inform the Commission of the impact of the ACRS recommendations and to request guidance before proceeding with the rule. The Commission provided its guidance in a Staff Requirements Memorandum on August 10, 2007. On April 1, 2008, the staff provided an updated rule schedule to the Commission. In a meeting on August 6, 2008, selected NRC managers approved the staff’s recommended resolution of the open issues related to the final rule. The staff prepared draft rule language incorporating the new positions into the rule and adding additional requirements for defense-in depth for pipe breaks larger than the TBS. OGC reviewed the revised rule language and recommended that portions of the rule be re-notice to provide an opportunity for public comments on some of the new rule requirements. In a meeting on October 8, 2008, NRC managers decided to repropose the entire rule. On December 18, 2008, the EDO signed a memorandum informing the Commission that the staff will re-notice the section 50.46a rule for additional public comments in August 2009. The staff discussed the revised proposed rule with the ACRS on May 6-7, 2009 and then published the rule on August 10, 2009 (74 FR 40006). On September 24, 2009, in response to a request from NEI, the NRC extended the public comment period by 120 days to close on January 22, 2010 (74 FR 48667). The NRC evaluated the public comments and prepared draft final rule language which was posted on Regulations.gov on May 12, 2010. A public meeting was held on June 4, 2010, to discuss resolution of public comments and the draft rule language. The staff is now preparing the final rule. The staff will meet with the ACRS in October 2010 and plans to provide the final rule package to the Commission in December 2010. 
Agency: Nuclear Regulatory Commission(NRC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 10 CFR 50    10 CFR 52   
Legal Authority: 42 USC 2201    42 USC 5841   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/07/2005  70 FR 67597   
NPRM Comment Period End  02/06/2006    
NPRM Comment Period Extended  01/25/2006  71 FR 4061   
NPRM Comment Period End  03/08/2006    
Supplemental NPRM  08/10/2009  74 FR 40006   
Supplemental NPRM Comment Period End  09/24/2009    
Supplemental NPRM Comment Period Extended  10/07/2009  74 FR 51522   
Supplemental NPRM Extended Comment Period End  01/22/2010    
Final Rule  To Be Determined    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Richard F. Dudley
Nuclear Regulatory Commission
Office of Nuclear Reactor Regulation,
Washington, DC 20555-0001
Phone:301 415-1116
Email: richard.dudley@nrc.gov