Pre-application Process
The early regulatory timeline for an application for a proposed reactor facility is:
Each of the steps discussed below is an important component of the pre-application process.
Letter of Intent
A company’s letter of intent formally notifies the NRC an application is coming for a major licensing action on commercial nuclear power generation facilities at a specific site. The letter outlines the project’s scope (which may include advanced reactors or other energy systems) and the company’s projected timeline for the initial phases of development. The letter commits to engaging with the NRC throughout the pre-application and application processes and requests a project number for tracking NRC interactions with the application. While a letter of intent is voluntary, it does signify the seriousness of the applicant to the NRC staff.
Examples:
Project number creation/electronic billing
NRC staff create a project number to identify the applicant and to set up fee billing. A project number will also be issued, and fee billing started, even without a letter of intent, if the applicant requests NRC feedback on any subject or submittal.
Regulatory Engagement Plan
Applicants should develop a Regulatory Engagement Plan. For more information see REP subpage.
Kickoff Public Meeting
The NRC holds a kick-off meeting to allow the applicant to introduce their project to the NRC staff as a whole and to the public.
Pre-application activities
The NRC encourages applicants to engage with the NRC staff early and often on their technology and facility design. This includes NRC public meetings to discuss the new technology’s unique features and the NRC review of white papers and topical reports. The NRC guidance for these pre-application engagements is found in Appendix A of the Interim Staff Guidance DANU-ISG-2022-05, “Review of Risk-Informed, Technology-Inclusive Advanced Reactor Applications—Roadmap.” While this guidance focuses on non-light water reactor technologies, the document, especially the environmental sections, generally applies to all reactor technologies.
Additionally, Draft Pre-Application Engagement to Optimize Advanced Reactor Application Reviews outlines information to advanced reactor developers on the benefits of robust preapplication engagements to optimize both the safety and environmental application reviews.
Readiness Assessment
The NRC staff encourages the applicants to ask the staff to assess the readiness of a draft application, such as a design certification, combined license, early site permit, construction permit, or license renewal, before it is formally submitted for the staff’s review. The NRC uses the readiness assessment to (1) identify if the application is missing required information, (2) identify technical or regulatory issues that may complicate the acceptance or technical reviews of the application, and (3) become familiar with the content of the application, particularly in areas where applicants plan to propose new concepts or novel design features. More information can be found in the Office of Nuclear Reactor Regulation's internal guidance on readiness assessments.
Public Outreach Meeting
When the application’s submission date is near, the NRC staff holds a large public meeting in the vicinity of the proposed reactor to introduce the project to the public.
Applications
As detailed in the DOE GAIN video series, there are currently two separate pathways to license a nuclear reactor under the regulations in 10 CFR. These two regulatory pathways are:
Part 50
The regulations in 10 CFR Part 50 lay out a two-step process for receiving a license to operate a nuclear reactor. The first step of that process is a construction permit, that when issued, permits the applicant to build the facility but not operate.
To obtain a construction permit, the applicant must submit a:
- Preliminary Safety Analysis Report
Describes the preliminary design and safety features of a proposed nuclear reactor facility.
- Environmental Report
Describes the impacts of the proposed facility on the environment and how the facility meets all applicable environmental laws and regulations
- Antitrust and Other Financial Information
The NRC will review each of the documents to determine that they provide reasonable assurance of adequate protection of public health and safety and to promote the common defense and security and to protect the environment. Once the process for construction permit reviews are complete, including multiple steps like ACRS review and a hearing, the permit is issued and the applicant may start building the facility.
During the construction of the facility, the applicant finalizes the design and submits an application for an Operating License.
An Operating License application includes many additional technical documents, including:
- Final Safety Analysis Report
Describes the installed design and safety features for the facility. Updates to the Environmental Report, if applicable
- Technical Specifications
Establishes the facility-specific requirements for plant operation, specifically the safety limits, limiting safety system settings, limiting control settings, limiting conditions for operation, surveillance requirements, design features, and administrative controls.
- Fire Protection Plan
- Security Plans
- Emergency Preparedness Plan
- and a multiple others…
Once the facility construction is complete, and the NRC completed its review without open items, the operating license can be issued.
The two-step Part 50 license process provides flexibility for the applicant because no design information provided by the applicant is considered final (unless the applicant requests so) and can be modified during the construction process. This modified design or changed information will be presented in the operating license application for NRC review and approval before the facility can start operation.
Part 52
The second regulatory pathway for obtaining a license to operate a nuclear reactor facility is detailed in Part 52 of 10 CFR. This process, called a combined license (COL), requires all required facility information to be submitted at the very beginning. This process reduces the risk for applicants, in comparison to the Part 50 license process where a design change from the construction permit to the operating license application may not be approved by the NRC. However, because all information is provided at the beginning, Part 52 applications reduce flexibility for applicants because many proposed changes during the construction process may require NRC approval. Once a COL is approved, construction can start and many construction verifications, called ITAAC, are completed by the COL holder to verify that the plant was constructed and will operate as designed.
Part 52 additionally contains other types of licensing processes that allow different levels of NRC approval for partial aspects of applications.
Design Certification
The NRC may approve and certify a standard nuclear plant design through a rulemaking, independent of a specific site. The design certification is valid for 15 years. A design certification application must contain proposed inspections, tests, analyses, and acceptance criteria for the standard design. The application must also demonstrate how the applicant complies with the Commission’s relevant regulations.
Standard Design Approval
The NRC staff may provide advance approval of major portions of a nuclear plant design, but not the entire design, thereby preventing re-opening the review for that portion for future COL applications. This approval of this partial design is not certified through rulemaking, so it may not be a permanent approval if circumstances change (i.e., industrial codes updates, changes in laws or regulations, etc.).
Early Site Permit
The NRC may approve one or more sites for a nuclear power facility, independent of an application for a construction permit or combined license. In reviewing an early site permit application, the NRC staff will address site safety issues, environmental protection issues, and plans for coping with emergencies, independent of the review of a specific nuclear plant design.
Manufacturing License
The NRC may approve the ability of an applicant to manufacture a nuclear power reactor at a location that is different from the final operating location of that facility. That final location must be a site for which either a construction permit under Part 50 or a COL has been issued.
Additional basic information on Part 50 and Part 52 licensing frameworks can be found on the Backgrounder on Nuclear Power Plant Licensing Process page and in the document, “A Regulatory Review Roadmap For Non-Light Water Reactors”. Even though this document title mentions non-light water reactors, a majority of the content is applicable for light-water designs.
Part 53
A third proposed pathway for licensing reactors, Part 53, focuses on the new technologies found in advanced reactors and is currently under development for issuance in 10 CFR. The current status for Part 53 can be found on the Part 53 webpage.