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RULEMAKING ISSUE
NOTATION VOTE

SECY-05-0017

January 18, 2005

• PURPOSE
• BACKGROUND
• DISCUSSON
• RECOMMENDATIONS
• COORDINATION

PURPOSE:

To obtain the Commission’s approval to publish in the Federal Register the attached proposed rule that would amend 10 CFR Part 52 to certify the AP1000 standard plant design.

BACKGROUND:

Westinghouse Electric Company (Westinghouse) submitted an application for certification of its AP1000 standard plant design on March 28, 2002. The Nuclear Regulatory Commission (NRC) staff issued a final design approval to Westinghouse on September 13, 2004, that signified completion of the technical review phase and readiness for the rulemaking phase of the AP1000 application.

DISCUSSION:

The NRC staff completed its review of the AP1000 standard plant design and issued NUREG-1793, “Final Safety Evaluation Report Related to Certification of the AP1000 Standard Design,” dated November 2004. Certification of the AP1000 standard plant design will be performed under Subpart B of 10 CFR Part 52.

This proposed design certification rule (DCR) is nearly identical to the previously approved DCR for the AP600 design (Appendix C to 10 CFR Part 52) and therefore, the AP1000 DCR emulates the existing DCR for the AP600 design. Also, Westinghouse requested that policy resolutions for the AP600 be applied to the AP1000. Furthermore, many of the procedural resolutions for the AP600 DCR (e.g., the two-tier structure, Tier 2*, and the scope of issue resolution) were developed after extensive discussions with nuclear industry representatives, including Westinghouse. However, there are some departures from the AP600 DCR, e.g., different design documentation, including Tier 2* information; design features; fewer exemptions because of subsequent rule changes; and changes to the 50.59-like change process to emulate the new 10 CFR 50.59 rule.

The attached Federal Register notice provides the public with an opportunity to comment on the proposed DCR; the AP1000 Design Control Document (DCD), which is incorporated into the DCR by reference; and the AP1000 environmental assessment. The time period for commenting on the proposed AP1000 DCR is 75 days, consistent with the North American Free Trade Agreement. Unlike the earlier DCRs, the proposed rule does not provide for an opportunity to request a hearing, consistent with the newly-adopted changes to 10 CFR Parts 2 and 52 (69 FR 2182, January 14, 2004).

RECOMMENDATIONS

That the Commission:

1. Approve the proposed amendment to 10 CFR Part 52 for publication in the Federal Register.

2. Certify that this rule, if promulgated, will not have a negative economic impact on a substantial number of small entities in order to satisfy requirements of the Regulatory Flexibility Act, 5 U.S.C. 605(b).

3. Determine that the backfit rule, 10 CFR 50.109, does not apply to this proposed rule.

4. Note:

a. The proposed DCR will be published in the Federal Register for a 75-day comment period;

b. An environmental assessment and finding of no significant impact has been prepared (Attachment 2 );

c. This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This rule will be submitted to the Office of Management and Budget (OMB) for review and approval of the paperwork requirements (Section V of Attachment 1 );

d. The Chief Counsel for Advocacy of the Small Business Administration will be informed of the certification regarding the economic impact on small entities and the reasons for it as required by the Regulatory Flexibility Act (Section VII);

e. The appropriate congressional committees will be informed; and

f. The Office of Public Affairs will issue a press release.

COORDINATION:

The Office of the General Counsel has reviewed this paper and has no legal objections. The Chief Financial Officer has reviewed this paper for resource implications and has no objections. The Chief Information Officer has reviewed this paper for information technology and information management implications and concurs in it. However, the proposed DCR requires a change in the information collection requirements that will require a submission to the Office of Management and Budget. A copy of the attached Federal Register notice was provided to the Advisory Committee on Reactor Safeguards (ACRS) for its consideration.

Attachment:

1. Federal Register Notice 2. Environmental Assessment 3. Generic Cover Letter to State Liaison Officers

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