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This rulemaking would establish an optional technology-inclusive regulatory framework for use by applicants for new commercial advanced nuclear reactors. The regulatory requirements developed in this rulemaking would use methods of evaluation, including risk-informed and performance-based methods, that are flexible and practicable for application to a variety of advanced reactor technologies. This rule is being developed in accordance with the Nuclear Energy Innovation and Modernization Act (NEIMA).

Statement of Need:

The current application and licensing requirements in 10 CFR part 50 and 10 CFR part 52 were developed to support large light-water and non-power reactors. These regulations do not fully reflect the range of licensing and regulatory challenges associated with other nuclear reactor technologies. This rulemaking will amend 10 CFR by creating an alternative regulatory framework for licensing future commercial nuclear plants.

Summary of the Legal Basis:

On January 14, 2019, the President signed the Nuclear Energy Innovation and Modernization Act (NEIMA) into law (Pub. L. 115 439). NEIMA Section 103(a)(4) directs the NRC to complete a rulemaking to establish a technology-inclusive, regulatory framework for optional use by commercial advanced nuclear reactor applicants for new reactor license applications.

Alternatives:

NONE

Anticipated Costs and Benefits:

This rulemaking establishes two new frameworks for licensing advanced reactors. The Part 53 approach to staffing allows the potential for facility license applicants to justify smaller operator staffing complements than what has historically been prescribed under Part 55. Additionally, the Part 53 approach to operator licensing provides for tailored operator licensing programs that may potentially result in shortened training timelines, reduced billable staff hours, and, in the case of generally licensed reactor operators, a near elimination of non-inspection related billable staff hours after initial programmatic approval. Licensees will experience significantly reduced costs for all types of applications, due to the simplifying changes made to the technical information required in the contents of applications provisions. The staff has eliminated multiple requirements from each type of application in the Part 53 rule language, for both Framework A and Framework B. Applicants who qualify to use the Alternative Evaluation for Risk Insights approach in Framework B will also avert a considerable amount of the costs of conducting a probability risk assessment, which will be required under both Parts 50 and 52 after the lessons learned rule for those parts is finalized and issued. The Integrity Assessment Program will potentially result in increased costs to licensees due to the fact that it is a new program in Part 53 that requires earlier addressal of issues, such as aging, that operating experience has shown create issues for plants earlier than considered under Part 50. Finally, the Facility Safety Program, another new program in Part 53, will result in increased costs to licensees due to its requirements for managing risks and maintaining aspects of the plant’s safety features as understood at the time of licensing.

Risks:

NONE