NRC Part 53 Final Rule Offers More Flexibility for Different Reactor Technologies

This new rule would provide more flexibility for different reactor technologies by creating an alternative regulatory framework for licensing commercial nuclear plants. Rather than taking old rules designed for light water reactors (LWR) and stretching them to fit new technologies, this new Part 53 framework would provide more licensing optionality and potentially lower regulatory friction for non-LWR applicants. Pillsbury believes this is a significantly improved version from earlier drafts of Part 53 and is worthy of consideration by our clients.

10 CFR Part 53 outlines the licensing and regulatory framework. This new framework has significant beneficial changes in regard to the siting, risk analysis, manufacturing and operations of commercial reactors:

Safety and Risk
Part 53 omits the requirement to conduct an aircraft impact assessment on the reactor design, which is a major change and could result in meaningful cost reductions for future applicants utilizing Part 53.

• Subpart C requires the consideration of risk through probabilistic risk assessments or other systemic risk evaluations to tailor safety requirements. Design basis accident analysis is more narrowly focused on selecting safety-related structures, systems and components (SSCs) and determining functional design criteria for those SSCs to ensure the commercial nuclear plant meets the safety criteria. The overall control of risks in Part 53 is provided by the analyses of and measures taken for both design basis accidents and other licensing basis events, including very unlikely event sequences. This new approach to risk assessment allows alternative measures to be taken to ensure defense in depth without needing to accommodate single failures.
• Subpart C also allows for the use of generally accepted codes and standards, provided they are tailored to the safety significance of SSCs. Where applicable, this would allow for the use of non-nuclear codes and standards for non-safety-related SSCs.

53.440(k)
One new requirement not previously included in the proposed Part 53 is a chemical hazard assessment that is similar to Part 70. The details of this will be revealed in future guidance so applicants should monitor this closely.

• Manufacturing
  Subpart E of the proposed rule would better accommodate factory fabrication of manufactured reactors and would allow for the loading of fuel at the manufacturing site under a Part 70 license before transport to the utilization facility site, provided mechanisms are in place to prevent criticality. It is likely that similar language will also be included in the future proposed Part 57 related to low-consequence reactors that is to be released soon.

• Siting
  Although the NRC maintains a preference for siting reactors in areas of low population density, subpart D of Part 53 provides for more flexibility in siting reactors in areas of higher population density based on an assessment of “societal risks and benefits.” Of note: The proposal does not provide a definition for “societal risks and benefits,” and earlier staff efforts to address this issue in Part 53 did not receive support of the industry.

  Many of the details of the siting and environmental portions of Part 53 will be provided by a new revision to Reg Guide 4.7, which will not be available for some months. While many elements of this final rule are promising, careful consideration of the as-to-be-published reg guides will be critical.

• Operational Flexibility
  The new Part 53 framework accounts for the possibility that certain operational and maintenance activities may take place remotely and staff sizes may be lower. Part 53 also introduces the concept of Generic Licensed Reactor Operators (GLROs). A GLRO qualifies on a reactor design rather than a specific plant, and that GLRO is then licensed to operate any plant of that same design. This should enable a fleet of reactors to be run like an airline, with operators “type qualified” to operate any reactor of a particular design, rather than just a particular nuclear power plant, as is the case under Parts 50 and 52. Furthermore, Part 53 proposes specific criteria to ensure safe operations during load following.

• Streamlined Licensing
  Subpart H clarifies finality for licensees of new reactor technologies referring back to previously approved licenses or applications, including standard design approvals.

Unfortunately, Part 53 did not include a clear pathway for utilizing an existing Part 52 early site permit to meet Part 53 requirements. We believe this would have been a beneficial change and have already engaged with NRC senior management on potentially including this feature in future rulemaking activities associated with Part 52.

10 CFR Part 26, “Fitness for Duty Programs” 
The new Fitness for Duty (FFD) framework under 10 CFR Part 26 would create tiered framework of FFD requirements for Part 53 commercial nuclear plants. This new framework would allow for a risk-informed and performance-based approach with a greater emphasis on behavioral observation that would enable licensees to employ innovative techniques in regard to drug and alcohol policies and fatigue management tailored to the circumstances and risk profile of each nuclear reactor.

10 CFR Part 73, “Physical Protection of Plants and Materials” 
The proposed security approach under the new Part 53 would primarily focus on performance objectives and requirements to provide licensees with more flexibility to establish compliance under new § 73.100 and § 73.110. These new sections would allow for licensees to adopt new technologies and tailor physical protections while still meeting safety requirements. For instance, licensees can take a graded approach to meeting cybersecurity requirements to account for the different risk levels of reactor technologies and the potential consequences of a cyberattack.

Pillsbury believes that many of these changes telegraph similar changes that will be proposed in future rulemakings. As the ADVANCE Act provides 100% reimbursement of NRC fees for the first advanced nuclear reactor for which the Commission grants approval to load nuclear fuel pursuant to Part 53, we believe this may provide a significant incentive to volunteer to use this pathway. Additionally, given the strong support for Part 53 that NRC Chairman Ho Nieh has personally expressed to Pillsbury, we believe that the agency will work very promptly to review this first application, which may also be beneficial. Pillsbury stands ready to assist clients who may wish to better understand the rule and utilize Part 53 to achieve their deployment goals.