Part 53 – Risk Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors
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Proposed Rule and Schedule
The NRC staff has provided the draft proposed Part 53 rulemaking package, SECY-23-0021: Proposed Rule: Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors, dated March 1, 2023, to the Commission requesting approval to publish the draft proposed rule (Enclosure 1) in the Federal Register.
The NRC staff is recommending the addition of 10 CFR Part 53, "Risk-Informed, Technology-Inclusive Regulatory Framework for Commercial Nuclear Plants," (Part 53). The draft proposed rule offers a voluntary, performance-based alternative regulatory framework for licensing future commercial nuclear plants. In the context of this proposed rulemaking, future commercial nuclear plants, including non-light-water reactors (non-LWRs) and LWRs, would have the option to be licensed under Part 53.
SECY-23-0021 includes the following publicly available enclosures:
- Enclosure 1 - Proposed Rule Federal Register Notice
- Enclosure 2 - Draft Environmental Assessment
- Enclosure 3 - Draft Regulatory Analysis
- Enclosure 4 - Alternate Approaches Considered for Selected Topics during the Development of Part 53
The NRC will be seeking public comments on the proposed Part 53 rule once it is published in the Federal Register.
Pending Commission approval, the NRC staff would provide the final rule package, including key guidance, to the Commission by December 2024, and would expect to issue the Final Rule by July 2025. Additional details related to the schedule and major rulemaking milestones can be found on the
NRC’s Rulemaking website.
Key Documents
Key documents related to the Part 53 rulemaking, including preliminary proposed rule language and stakeholder comments, can be found at Regulations.gov under Docket ID NRC-2019-0062.
Overview
The NRC proposes to 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. The draft proposed rule accommodates all reactor technologies and includes two distinct and self-contained licensing frameworks (Framework A and Framework B). The frameworks offer flexibility for the roles of risk assessment techniques and design approaches in establishing licensing basis information.
- Framework A - a probabilistic risk assessment (PRA)-led approach that aligns with the U.S. Department of Energy cost-shared, industry-led Licensing Modernization Project (LMP) methodology
- Framework B - a traditional, deterministic approach that aligns with international guidance and includes an alternative evaluation for risk insights (AERI) approach, which would not require a PRA if certain entry conditions are met.
Part 53 Draft Proposed Rule Development and Stakeholder Engagement
To achieve the goals and objectives stated in the rulemaking plan (SECY-20-0032) and SRM (SRM to SECY-20-0032), the NRC staff developed and intermittently released preliminary proposed rule language followed by public outreach and dialogue, including ACRS interactions, to ensure openness and transparency. The NRC staff received over 260 public comments that were considered throughout the development of the draft proposed rule.
Meetings and Presentations
The NRC staff hosted 24 public meetings with external stakeholders and participated in 16 ACRS meetings on the Part 53 draft proposed rule development since September 2020.
| Public Meetings |
Date |
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Periodic Advanced Reactor Stakeholder Meeting – Part 53 Status and Draft Guidance Supporting Subpart F (staffing plans, operator licensing, human factors engineering)
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October 12, 2022 |
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Periodic Advanced Reactor Stakeholder Meeting – Part 53 Status and Draft Guidance Supporting Subpart F (staffing plans, operator licensing, human factors engineering)
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August 18, 2022 |
| Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Part 53 Framework B and Alternate Evaluation for Risk Insights (AERI) Approach |
July 28, 2022 |
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Periodic Advanced Reactor Stakeholder Meeting – Stakeholder Perspectives on Part 53 Framework A, Framework B, and NRC Stakeholder Engagement Process and Part 53 Subpart F
|
June 30, 2022 |
| Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Part 53 Framework B and Alternate Evaluation for Risk Insights (AERI) Approach |
June 16, 2022 |
| Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Part 53 Framework A and Related Changes to Part 26 and Part 73 |
May 25, 2022 |
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Periodic Advanced Reactor Stakeholder Meeting – Part 53 Framework B Development and Integration and Overview of Guidance Supporting Part 53
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May 11, 2022 |
| Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Discussion of Key Topics Identified in Preparing the Rulemaking Package |
March 29, 2022 |
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Periodic Advanced Reactor Stakeholder Meeting - Traditional, Technology-Inclusive, and Risk-Informed Framework Option in Part 53
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March 16, 2022 |
| Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Overview of Part 53 Preliminary Proposed Rule Language
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February 8, 2022 |
| Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – 10 CFR Part 26, Fitness for Duty Programs
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January 6, 2022 |
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Periodic Advanced Reactor Stakeholder Meeting - Technology-Inclusive, Risk-Informed Maximum Accident (TI-RI-MA) Approach – An Alternative to Probabilistic Risk Assessment
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November 10, 2021 |
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Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Technology-Inclusive Alternative Requirements and Other Topics Related to Part 53
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October 28, 2021 |
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Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Subpart F, Sections Related to Staffing, Training, Personnel Qualifications, and Human Factors and Other Topics Related to Part 53
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October 26, 2021 |
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Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Subpart I and Other Topics Related to Part 53
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September 15, 2021 |
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Periodic Advanced Reactor Stakeholder Meeting - Role and Use of Probabilistic Risk Assessment (PRA) in Support of Advanced Reactor Licensing
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August 26, 2021 |
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Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Subpart F and 10 CFR Part 73 Emergency Preparedness and Security
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June 10, 2021 |
| Periodic Advanced Reactor Stakeholder Meeting - Graded Probabilistic Risk Assessment (PRA) Approach for Advanced Reactors
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May 27, 2021 |
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Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Subparts A and F
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May 6, 2021 |
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Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Subparts B and C, Subpart E
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April 8, 2021 |
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Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Subpart D
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February 4, 2021
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Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Subparts C and F (Facility Safety Program only)
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January 7, 2021 |
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Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – Subpart B
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November 18, 2020 |
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Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Rulemaking – White Paper
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September 22, 2020 |