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This rulemaking would amend the NRC's regulations to incorporate the Advanced Power Reactor 1400 (APR1400) standard plant design.  The rulemaking would add a new appendix for the initial certification of the APR1400 standard plant design.  This action would allow applicants intending to construct and operate a nuclear power plant to reference this design certification rule in future applications.  Because the NRC considers this action to be non-controversial, the NRC is pursuing a direct final rule for this rulemaking. However, if the NRC receives significant adverse comments on the rule, the NRC will publish a document that withdraws the direct final rule and will address the comments received in a subsequent final rule.

Statement of Need:

This rule would place the APR1400 standard design certification, once issued by the Commission, into the Code of Federal Regulations (CFR).  The regulations in 10 CFR 52.51 require the Commission to initiate rulemaking after an application is filed under 10 CFR 52.45, by which 10 CFR 52.41 allows any person to seek a standard design certification.  This action is separate from the filing of an application for construction permit or combined license (COL) for such a facility.  This rule would provide a COL applicant the ability to incorporate by reference this official certified standard design into its application.  This design certification rule (DCR) also gives the public a chance to comment on the design before it receives finality.

Summary of the Legal Basis:

Alternatives:

Anticipated Costs and Benefits:

There are no current utilities seeking to build or operate an APR1400 nuclear power plant within the United States.  There is no anticipated major increase in costs for consumers, individual industries, or geographical regions as a result of the APR1400 DCR because this action does not constitute the license for construction of a nuclear power plant at a site.

Risks: