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NRC RIN: 3150-AH29 Publication ID: Fall 2016 
Title: Risk-Informed Changes to Loss-of-Coolant Accident Technical Requirements [NRC-2004-0006] 
Abstract:

This rule would amend part 50 to allow for a risk-informed alternative to the present maximum loss-of-coolant accident break size.  This rulemaking would address PRM-50-75 submitted by the Nuclear Energy Institute (NEI).  The Commission has approved the Project AIM re-baselining recommendation to discontinue the 10 CFR 50.46a rulemaking. Previously titled "part 50.46a ECCS - Redefinition."

 
Agency: Nuclear Regulatory Commission(NRC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 10 CFR 50    10 CFR 52   
Legal Authority: 42 U.S.C. 2201    42 U.S.C. 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  09/24/2009  74 FR 48667   
Supplemental NPRM Extended Comment Period End  11/09/2009 
Discontinued  10/06/2016  81 FR 69446   
Additional Information: The NRC staff provided an initial draft final rule 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, 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 transition break size. The OGC reviewed the revised rule language and recommended that portions of the rule be re-noticed 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 re-propose the entire rule. On December 18, 2008, the EDO signed a memorandum informing the Commission that the staff would 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 (Docket ID NRC-2004-0006) 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 discussed the rule with the ACRS in September and October of 2010. In its letter of October 20, 2010, the ACRS concluded that the rule was an acceptable alternative for operating reactors. The final rule was provided to the Commission on December 10, 2010 (SECY-10-0161). Because of the evaluation of Fukushima Near-Term Task Force (NTTF) Recommendation 1 regarding the development of a new risk-informed regulatory framework and the Risk Management Task Force's report, "A Proposed Risk Management Regulatory Framework," on April 26, 2012 (ADAMS Accession No. ML12117A121), the Commission approved the NRC staff's request to withdraw the draft final rule (SECY-10-0161) so that it could be reviewed and resubmitted later after the staff has completed its regulatory framework evaluation and has received regulatory framework direction from the Commission. However, the Commission's May 19, 2014, Staff Requirements Memorandum on NTTF Recommendation 1 deferred making regulatory framework decisions until after receipt of the staff's recommendations for a Risk-Management Regulatory Framework. On December 18, 2015, the staff provided to the Commission its recommendations on a Risk Management Regulatory Framework. In SECY-15-0168, "Recommendations on Issues Related to Implementation of a Risk Management Regulatory Framework" (ADAMS Accession No. ML15302A135), the NRC staff recommended that no changes be made to the NRC's current regulatory framework. The staff also stated that it would provide the Commission with updated plans and a schedule for the 10 CFR 50.46a rule 8 months after receiving the Commission's SRM on SECY-15-0168. However, funding limitations associated with the 2016 budget resulted in the de-funding of the section 50.46a rule in FY-2016. The Project AIM re-baselining activity has recommended that the section 50.46a rule be terminated in 2017. On April 13, 2016, the Commission approved the staff's recommendation to discontinue the ยง 50.46a rulemaking and to publish an FRN to inform the public that the NRC is discontinuing the rulemaking. In addition, PRM-50-75 will be addressed by alternative means by the NRC staff.
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:
Robert Beall
Nuclear Regulatory Commission
Office of Nuclear Material Safety and Safeguards,
Washington, DC 20555-0001
Phone:301 415-3874
Email: robert.beall@nrc.gov