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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:2.0.1.1.3.0.62.1 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | § 53.000 Purpose. | NRC | This part provides an optional, technology-inclusive, performance-based framework for the issuance, amendment, renewal, and termination of licenses, permits, certifications, and approvals for commercial nuclear plants licensed under section 103 of the Atomic Energy Act of 1954, as amended (the Act) (68 Stat. 919), and Title II of the Energy Reorganization Act of 1974, as amended (88 Stat. 1242). Also, this part gives notice to all persons who knowingly provide to any holder of or applicant for an approval, certification, permit, or license, or to a contractor, subcontractor, or consultant of any of them, components, equipment, materials, or other goods or services that relate to the activities of a holder of or applicant for an approval, certification, permit, or license, subject to this part, that they may be individually subject to U.S. Nuclear Regulatory Commission enforcement action for violation of the provisions in § 53.050. | |||||||
| 10:10:2.0.1.1.3.1.62.1 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | A | Subpart A—General Provisions | § 53.015 Scope. | NRC | Subpart A provides general provisions applicable to all applicants and licensees subject to the rules of this part. | |||||
| 10:10:2.0.1.1.3.1.62.10 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | A | Subpart A—General Provisions | § 53.100 Jurisdictional limits. | NRC | No permit, license, standard design approval, or standard design certification under this part shall be deemed to have been issued for activities that are not under or within the jurisdiction of the United States. | |||||
| 10:10:2.0.1.1.3.1.62.11 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | A | Subpart A—General Provisions | § 53.110 Attacks and destructive acts. | NRC | Licensees, applicants for licenses, permits, certifications, and design approvals, and applicants for an amendment to any license, permit, certification, or design approval under this part are not required to provide for design features or other measures for the specific purpose of protection against the effects of— (a) Attacks and destructive acts, including sabotage, directed against the facility by an enemy of the United States, whether a foreign government or other person; or (b) Use or deployment of weapons incident to U.S. defense activities. | |||||
| 10:10:2.0.1.1.3.1.62.12 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | A | Subpart A—General Provisions | § 53.115 Rights related to special nuclear material. | NRC | (a) No right to the SNM will be conferred by a license issued under this part except as may be defined by the license. (b) Neither a license issued under this part, nor any right thereunder, nor any right to utilize or produce SNM may be transferred, assigned, or disposed of in any manner, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, unless the Commission, after securing full information, finds that the transfer is in accordance with the provisions of the Act and gives its consent in writing. | |||||
| 10:10:2.0.1.1.3.1.62.13 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | A | Subpart A—General Provisions | § 53.117 License suspension and rights of recapture. | NRC | Any license issued under this part must be subject to suspension and to the rights of recapture of the material or control of the facility reserved to the Commission under section 108 of the Act in a state of war or national emergency declared by Congress. | |||||
| 10:10:2.0.1.1.3.1.62.14 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | A | Subpart A—General Provisions | § 53.120 Information collection requirements: OMB approval. | NRC | (a) The NRC has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ). The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in this part under control number 3150-0274. (b) The approved information collection requirements contained in this part appear in §§ 53.070, 53.080, 53.240, 53.410, 53.420, 53.425, 53.430, 53.440, 53.450, 53.480, 53.500, 53.540, 53.605, 53.610, 53.620, 53.700, 53.710, 53.715, 53.720, 53.730, 53.780, 53.785, 53.805, 53.810, 53.815, 53.830, 53.850, 53.855, 53.865, 53.870, 53.875, 53.880, 53.910, 53.1010, 53.1020, 53.1030, 53.1045, 53.1060, 53.1070, 53.1075, 53.1080, 53.1100, 53.1109, 53.1115, 53.1130, 53.1140, 53.1144, 53.1146, 53.1173, 53. 1182, 53.1188, 53.1200, 53.1206, 53.1209, 53.1210, 53.1221, 53.1230, 53.1236, 53.1239, 53.1241, 53.1254, 53.1257, 53,1263, 53.1270, 53.1276, 53.1279, 53.1282, 53.1288, 53.1295, 53.1300, 53.1306, 53.1309, 53.1312, 53.1327, 53.1330, 53.1333, 53.1336, 53.1348, 53.1360, 53.1366, 53.1369, 53.1372, 53.1384, 53.1410, 53.1413, 53.1416, 53.1419, 53.1437, 53.1449, 53.1452, 53.1458, 53.1470, 53.1505, 53.1510, 53.1515, 53.1525, 53.1530, 53.1535, 53.1540, 53.1545, 53.1550, 53.1560, 53.1565, 53.1570, 53.1575, 53.1580, 53.1620, 53.1630, 53.1645, 53.1690, 53.1720. (c) This part contains information collection requirements in addition to those approved under the control number specified in paragraph (a) of this section. The information collection requirement and the control numbers under which it is approved are as follows: (1) In §§ 53.765, 53.770, 53.780, and 53.795, NRC Form 396 is approved under control number 3150-0024. (2) In §§ 53.775 and 53.795, NRC Form 398 is approved under control number 3150-0090. (3) In § 53.1640, NRC Form 366 is appro… | |||||
| 10:10:2.0.1.1.3.1.62.2 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | A | Subpart A—General Provisions | § 53.020 Definitions. | NRC | [91 FR 15794, Mar. 30, 2026, as amended at 91 FR 18773, Apr. 13, 2026] | As used in this part: Anticipated event sequence means event sequences expected to occur one or more times during the life of a commercial nuclear plant. Anticipated event sequences take into account the expected response of all structures, systems, and components (SSCs) within the plant, regardless of safety classification. Applicant means a person applying for a license, permit, or other form of Commission permission or approval under this part. Certified fuel handler means, for a commercial nuclear plant, either— (1) A non-licensed operator who has qualified in accordance with a fuel handler training program approved by the Commission; or (2) A non-licensed operator who demonstrates compliance with the following criteria: (i) Has qualified in accordance with a fuel handler training program that demonstrates compliance with the same requirements as training programs for non-licensed operators required by § 53.830, and (ii) Is responsible for decisions on— (A) Safe conduct of decommissioning activities, (B) Safe handling and storage of spent fuel; and (C) Appropriate response to plant emergencies. Combined license (COL) means a combined construction permit (CP) and operating license (OL) with conditions for a commercial nuclear plant issued under this part. Commercial nuclear plant means a facility consisting of one or more commercial nuclear reactors and associated co-located support facilities, including the collection of buildings, radionuclide sources, and SSCs for which a license, certification, or approval is being sought under this part, that is or will be used for producing power for commercial electric power or other commercial purposes. For the purposes of requirements in this part that reference requirements in part 50 of this chapter, a commercial nuclear plant is equivalent to a nuclear power plant. Commercial nuclear reactor means an apparatus, other than an atomic weapon, designed or used to sustain nuclear fission. For the purposes of requirements in this part that reference re… | ||||
| 10:10:2.0.1.1.3.1.62.3 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | A | Subpart A—General Provisions | § 53.030 [Reserved] | NRC | ||||||
| 10:10:2.0.1.1.3.1.62.4 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | A | Subpart A—General Provisions | § 53.040 Written communications. | NRC | (a) General requirements. All correspondence, reports, applications, and other written communications from the applicant or licensee to the NRC concerning the regulations in this part or individual license conditions must be sent either by mail addressed: ATTN: Document Control Desk, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland, between the hours of 8:15 a.m. and 4 p.m. eastern time; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, email, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's website at https://www.nrc.gov/site-help/e-submittals.html; by email to MSHD.Resource@nrc.gov; or by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. If the communication is on paper, the signed original must be sent. If a submission due date falls on a Saturday, Sunday, or Federal holiday, the next Federal working day becomes the official due date. (b) Distribution requirements. Copies of all correspondence, reports, and other written communications concerning the regulations in this part or individual license conditions, or the terms and conditions of an early site permit or standard design approval, must be submitted to the persons listed below (addresses for the NRC Regional Offices are listed in appendix D to 10 CFR part 20). (1) Applications for amendment of permits and licenses, reports, and other communications. All written communications (including responses to generic letters, bulletins, information noti… | |||||
| 10:10:2.0.1.1.3.1.62.5 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | A | Subpart A—General Provisions | § 53.050 Deliberate misconduct. | NRC | (a) Any licensee or applicant for a license; holder of or applicant for a standard design approval; applicant for a standard design certification; employee of a licensee, holder of a standard design approval, or applicant for a license, standard design approval, or standard design certification; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee or applicant for a license, holder of or applicant for a standard design approval, or applicant for a standard design certification, who knowingly provides to any licensee, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's or applicant's activities in this part, may not— (1) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the Commission; or (2) Deliberately submit to the NRC, a licensee, an applicant, or a licensee's or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC. (b) A person who violates paragraph (a)(1) or (2) of this section may be subject to enforcement action in accordance with the procedures in subpart B of 10 CFR part 2. (c) For the purposes of paragraph (a)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows— (1) Would cause a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license issued by the Commission; or (2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, applicant, contractor, or subcontractor. | |||||
| 10:10:2.0.1.1.3.1.62.6 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | A | Subpart A—General Provisions | § 53.060 Employee protection. | NRC | (a) Discrimination by a Commission licensee, holder of a standard design approval, an applicant for a license, standard design certification, or standard design approval, a contractor or subcontractor of a Commission licensee, holder of a standard design approval, applicant for a license, standard design certification, or standard design approval, against an employee for engaging in certain protected activities is prohibited. Discrimination includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment. The protected activities are established in section 211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Act or the Energy Reorganization Act of 1974, as amended. (1) The protected activities include but are not limited to— (i) Providing the Commission or his or her employer information about alleged violations of either of the statutes named in paragraph (a) of this section or possible violations of requirements imposed under either of those statutes; (ii) Refusing to engage in any practice made unlawful under either of the statutes named in paragraph (a) of this section or under these requirements if the employee has identified the alleged illegality to the employer; (iii) Requesting the NRC to institute action against his or her employer for the administration or enforcement of these requirements; (iv) Testifying in any Commission proceeding, or before Congress, or at any Federal or State proceeding regarding any provision (or proposed provision) of either of the statutes named in paragraph (a) of this section; and (v) Assisting or participating in, or being about to assist or participate in, these activities. (2) These activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation. (3) This section has no application to any employee alleging discrimination prohibited by this section … | |||||
| 10:10:2.0.1.1.3.1.62.7 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | A | Subpart A—General Provisions | § 53.070 Completeness and accuracy of information. | NRC | (a) Information provided to the Commission by a holder of a license, permit, design certification, or standard design approval under this part or an applicant for a license, permit, design certification, or standard design approval under this part, and information required by statute or by the Commission's regulations, orders, license conditions, or terms and conditions of a standard design approval to be maintained by the applicant or the licensee must be complete and accurate in all material respects. (b) Each applicant or licensee, each holder of a standard design approval under this part, and each applicant for a standard design certification under this part following Commission adoption of a final design certification regulation, must notify the Commission of information identified by the applicant or licensee as having for the regulated activity a significant implication for public health and safety or common defense and security. An applicant, licensee, or holder violates this paragraph (b) only if the applicant, licensee, or holder fails to notify the Commission of information that the applicant, licensee, or holder has identified as having a significant implication for public health and safety or common defense and security. Notification must be provided to the Administrator of the appropriate Regional Office within 2 working days of identifying the information. This requirement is not applicable to information which is already required to be provided to the Commission by other reporting or updating requirements. | |||||
| 10:10:2.0.1.1.3.1.62.8 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | A | Subpart A—General Provisions | § 53.080 Specific exemptions. | NRC | (a) The Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of the regulations of this part, which are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security. (b) The Commission will not consider granting an exemption unless special circumstances are present. Special circumstances are present whenever— (1) Application of the regulation in the particular circumstances conflicts with other rules or requirements of the Commission; (2) Application of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule; (3) Compliance would result in undue hardship or other costs that are significantly in excess of those contemplated when the regulation was adopted, or that are significantly in excess of those incurred by others similarly situated; (4) The exemption would result in benefit to the public health and safety that compensates for any decrease in safety that may result from the grant of the exemption; (5) The exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulation; or (6) There is present any other material circumstance not considered when the regulation was adopted for which it would be in the public interest to grant an exemption. If such condition is relied on exclusively for demonstrating compliance with paragraph (b) of this section, the exemption may not be granted until the Executive Director for Operations has consulted with the Commission. (c) Any person may request an exemption permitting the conduct of construction activities prior to the issuance of a CP. The Commission may grant such an exemption upon considering and balancing the following factors: (1) Whether conduct of the proposed activities will give rise to a significant adve… | |||||
| 10:10:2.0.1.1.3.1.62.9 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | A | Subpart A—General Provisions | § 53.090 Standards for review. | NRC | (a) Common standards. In determining that a CP, OL, early site permit, COL, or ML under this part will be issued to an applicant, the Commission will be guided by the following considerations: (1) Except for an early site permit or ML, the processes to be performed, the operating procedures, the facility and equipment, the use of the facility, and other technical specifications, or the proposals, in regard to any of the foregoing, collectively provide reasonable assurance that the applicant will comply with the regulations in this chapter, including the regulations in 10 CFR part 20, and that the health and safety of the public will not be endangered. (2) The applicant for a CP, OL, COL, or ML is technically and financially qualified to engage in the proposed activities in accordance with the regulations in this chapter. However, no consideration of financial qualification is necessary for an electric utility applicant for an OL for a utilization facility of the type described in paragraph (d) of this section or for an applicant for an ML. (3) The issuance of a CP, OL, early site permit, COL, or ML to the applicant will not, in the opinion of the Commission, be inimical to the common defense and security or to the health and safety of the public. (4) Any applicable requirements of 10 CFR part 51 have been satisfied. (b) Additional standards for licenses. In determining whether a license will be issued to an applicant, the Commission will, in addition to applying the standards set forth in paragraph (a) of this section, consider whether the proposed activities will serve a useful purpose proportionate to the quantities of SNM or source material to be utilized. (c) Additional standards and provisions affecting licenses for commercial power. In addition to applying the standards set forth in paragraphs (a) and (b) of this section, paragraphs (c)(1) through (c)(4) of this section apply in the case of a license for a facility for the generation of commercial power. (1) The NRC will— (i) Give notice in wr… | |||||
| 10:10:2.0.1.1.3.10.62.1 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | J | Subpart J—Reporting and Other Administrative Requirements | § 53.1600 General information. | NRC | Each applicant and licensee under this part must ensure that U.S. Nuclear Regulatory Commission (NRC) inspectors have unfettered access to sites and facilities licensed or proposed to be licensed in § 53.1610, must maintain records and make reports to the NRC in accordance with requirements in §§ 53.1620 through 53.1650, must satisfy financial qualification and reporting requirements in §§ 53.1660 through 53.1700, and must obtain and maintain required financial protections in case of an accident in §§ 53.1720 and 53.1730. | |||||
| 10:10:2.0.1.1.3.10.62.10 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | J | Subpart J—Reporting and Other Administrative Requirements | § 53.1680 [Reserved] | NRC | ||||||
| 10:10:2.0.1.1.3.10.62.11 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | J | Subpart J—Reporting and Other Administrative Requirements | § 53.1690 Licensee's change of status; financial qualifications. | NRC | (a) An electric utility licensee holding an OL or COL (including a renewed license) for a commercial nuclear plant, no later than seventy-five (75) days prior to ceasing to be an electric utility in any manner not involving a license transfer under § 53.1399 or § 53.1456 must provide the NRC with the financial qualifications information that would be required for obtaining an initial OL under this part. The financial qualifications information must address the first full 5 years of operation after the date the licensee ceases to be an electric utility. (b)(1) Any holder of a license issued under this part must notify the appropriate NRC Regional Administrator, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy under any chapter of title 11 (Bankruptcy) of the United States Code by or against— (i) The licensee; (ii) An entity (as 11 U.S.C. 101(14) defines that term) controlling the licensee or listing the license or licensee as property of the estate; or (iii) An affiliate (as 11 U.S.C. 101(2) defines that term) of the licensee. (2) This notification must indicate— (i) The bankruptcy court in which the petition for bankruptcy was filed; and (ii) The date of the filing of the petition. | |||||
| 10:10:2.0.1.1.3.10.62.12 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | J | Subpart J—Reporting and Other Administrative Requirements | § 53.1700 Creditor regulations. | NRC | (a) Pursuant to section 184 of the Act, the Commission consents, without individual application, to the creation of any mortgage, pledge, or other lien upon any facility not owned by the United States which is the subject of a license or upon any leasehold or other interest in such facility; provided— (1) That the rights of any creditor so secured may be exercised only in compliance with and subject to the same requirements and restrictions as would apply to the licensee pursuant to the provisions of the license, the Act, and regulations issued by the Commission under the Act; and (2) That no creditor so secured may take possession of the facility pursuant to the provisions of this section prior to either the issuance of a license from the Commission authorizing such possession or the transfer of the license. (b) Any creditor so secured may apply for transfer of the license covering such facility by filing an application for transfer of the license under § 53.1570. The Commission will act upon such application under subpart I of this part. (c) Nothing contained in this regulation shall be deemed to affect the means of acquiring, or the priority of, any tax lien or other lien provided by law. (d) As used in this section— (1) License includes any license under this part, which may be issued by the Commission with regard to a facility. (2) Creditor includes, without implied limitation, the trustee under any mortgage, pledge or lien on a facility made to secure any creditor, any trustee or receiver of the facility appointed by a court of competent jurisdiction in any action brought for the benefit of any creditor secured by such mortgage, pledge or lien, any purchaser of such facility at the sale thereof upon foreclosure of such mortgage, pledge, or lien or upon exercise of any power of sale contained therein, or any assignee of any such purchaser. (3) Facility includes, but is not limited to, a site which is the subject of an early site permit under this part, and a reactor manufactured under an ML und… | |||||
| 10:10:2.0.1.1.3.10.62.13 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | J | Subpart J—Reporting and Other Administrative Requirements | § 53.1710 Financial protection. | NRC | Sections 53.1720 and 53.1730 set out the requirements and procedures related to licensees obtaining and maintaining insurance to cover stabilization and decontamination activities in the event of an accident and financial protection in accordance with part 140, “Financial Protection Requirements and Indemnity Agreements,” of this chapter. | |||||
| 10:10:2.0.1.1.3.10.62.14 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | J | Subpart J—Reporting and Other Administrative Requirements | § 53.1720 Insurance required to stabilize and decontaminate plant following an accident. | NRC | Each commercial nuclear plant licensee under this part must take reasonable steps to obtain insurance available at reasonable costs and on reasonable terms from private sources or to demonstrate that it possesses an equivalent amount of protection covering the licensee's obligation, in the event of an accident at the licensee's commercial nuclear reactor, to stabilize and decontaminate the plant and the plant site at which such an accident may occur, provided that— (a) The insurance required by this section must have a minimum coverage limit for each commercial nuclear plant site of $1.06 billion, an amount based on plant-specific estimates of costs to stabilize and decontaminate a plant, or whatever amount of insurance is generally available from private sources, whichever is less. The required insurance must clearly state that, as and to the extent provided in paragraph (d)(1) of this section, any proceeds must be payable first for stabilization of the plant and next for decontamination of the plant and the plant site. If a licensee's coverage falls below the required minimum, the licensee must within 60 days take all reasonable steps to restore its coverage to the required minimum. The required insurance may, at the option of the licensee, be included within policies that also provide coverage for other risks, including, but not limited to, the risk of direct physical damage. (b)(1) With respect to policies issued or annually renewed, the proceeds of such required insurance must be dedicated, as and to the extent provided in this paragraph (b), to reimbursement or payment on behalf of the insured of reasonable expenses incurred or estimated to be incurred by the licensee in taking action to fulfill the licensee's obligation, in the event of an accident at the licensee's plant, to ensure that the plant is in, or is returned to, and maintained in, a safe and stable condition and that radioactive contamination is removed or controlled such that personnel exposures are consistent with the occupational exposure l… | |||||
| 10:10:2.0.1.1.3.10.62.15 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | J | Subpart J—Reporting and Other Administrative Requirements | § 53.1730 Financial protection requirements. | NRC | Commercial nuclear plant licensees must satisfy the applicable provisions of part 140, “Financial Protection Requirements and Indemnity Agreements,” of this chapter. | |||||
| 10:10:2.0.1.1.3.10.62.2 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | J | Subpart J—Reporting and Other Administrative Requirements | § 53.1610 Unfettered access for inspections. | NRC | (a) Each applicant for or holder of a manufacturing license (ML), operating license (OL), combined license (COL), construction permit (CP), or early site permit must permit inspection, by duly authorized representatives of the Commission, of its records, premises, activities, and of licensed materials in possession or use, related to the license or CP or early site permit as may be necessary to effectuate the purposes of the Atomic Energy Act of 1956, as amended, (the Act) and the Energy Reorganization Act of 1974, as amended. (b)(1) Each holder of an ML, OL, COL, or CP must, upon request by the Director, Office of Nuclear Reactor Regulation, provide rent-free office space for the exclusive use of the Commission inspection personnel. Heat, air conditioning, light, electrical outlets, and janitorial services must be furnished by each licensee and each holder of a CP. The office must be convenient to and have full access to the facility and must provide the inspectors both visual and acoustic privacy. (2) For a site or facility with an assigned resident inspector, the space provided must be adequate to accommodate a full-time inspector, a part-time secretary, and transient NRC personnel and must be generally commensurate with other office facilities at the site. For sites or facilities assigned multiple resident inspectors, additional space may be requested. The office space that is provided must be subject to the approval of the Director, Office of Nuclear Reactor Regulation. All furniture, supplies, and communication equipment will be furnished by the Commission. (3) For a site or facility without an assigned resident inspector, temporary space to accommodate periodic or special inspections must be provided. The office space must be generally commensurate with other office accommodations at the site. (4) The licensee or permit holder must afford any NRC resident inspector assigned to that site, or other NRC inspectors identified by the Regional Administrator as likely to inspect the facility, immediate unfett… | |||||
| 10:10:2.0.1.1.3.10.62.3 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | J | Subpart J—Reporting and Other Administrative Requirements | § 53.1620 Maintenance of records, making of reports. | NRC | (a) Each holder of an ML, OL, COL, CP, or early site permit must maintain all records and make all reports, in connection with the activity, as may be required by the conditions of the license or permit or by the regulations and orders of the Commission in effectuating the purposes of the Act and the Energy Reorganization Act of 1974, as amended. Reports must be submitted in accordance with § 53.040. (b) [Reserved] (c) Records that are required by the regulations in this part, by license condition, or by technical specifications must be retained for the period specified by the appropriate regulation, license condition, or technical specification. If a retention period is not otherwise specified, these records must be retained until the Commission terminates the facility license or, in the case of an early site permit, until the permit expires. (d)(1) Records which must be retained under this part may be the original or a reproduced copy or a microform if the reproduced copy or microform is duly authenticated by authorized personnel and the microform is capable of producing a clear and legible copy after storage for the period specified by Commission regulations. The record may also be stored in electronic media with the capability of producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, and specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee must maintain adequate safeguards against tampering with, and loss of records. (2) If there is a conflict between the Commission's regulations in this part, license condition, or technical specification, or other written Commission approval or authorization pertaining to the retention period for the same type of record, the retention period specified in the regulations in this part for such records shall apply unless the Commission, under § 53.080 of this part, has granted a specific exemption from the record retention requirements in the regulati… | |||||
| 10:10:2.0.1.1.3.10.62.4 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | J | Subpart J—Reporting and Other Administrative Requirements | § 53.1630 Immediate notification requirements for operating commercial nuclear plants. | NRC | (a) General requirements. 1 (1) Each holder of an OL under this part or a COL under this part after the Commission makes the finding under § 53.1452(g), must notify the NRC Headquarters Operations Center via the Emergency Notification System (ENS) of— 1 Other requirements for immediate notification of the NRC by licensed operating commercial nuclear plants are contained elsewhere in this chapter, in particular §§ 20.1906, 20.2202, 72.216, 73.77, and 73.1200 of this chapter. (i) The declaration of any of the Emergency Classes specified in the licensee's approved Emergency Plan; or (ii) Those non-emergency events specified in paragraph (b) of this section that occurred within 3 years of the date of discovery. (2) If the ENS is inoperative, the licensee must make the required notifications via commercial telephone service, other dedicated telephone system, or any other method which will ensure that a report is made as soon as practical to the NRC Headquarters Operations Center at the numbers specified in appendix A to part 73 of this chapter. (3) The licensee must notify the NRC immediately after notification of the appropriate State or local agencies and not later than 1 hour after the time the licensee declares one of the Emergency Classes. (4) The licensee must activate the data links with the NRC as specified in their emergency plans after declaring an Emergency Class for events of actual or potential substantial degradation of plant safety or security, probable risk to site personnel life, or site equipment damage caused by hostile action. The data links may also be activated by the licensee during emergency drills or exercises if the licensee's computer system has the capability to transmit the exercise data. (5) When making a report under paragraph (a)(1) of this section, the licensee must identify— (i) The Emergency Class declared; or (ii) Paragraph (b)(1), “One-hour reports,” paragraph (b)(2), “Four-hour reports,” or paragraph (b)(3), “Eight-hour reports,” as the paragraph of this section r… | |||||
| 10:10:2.0.1.1.3.10.62.5 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | J | Subpart J—Reporting and Other Administrative Requirements | § 53.1640 Licensee event report system. | NRC | (a) Reportable events. (1) Each commercial nuclear plant licensee holding an OL under this part or a COL under this part after the Commission makes the finding under § 53.1452(g), must submit a Licensee Event Report (LER) for any event of the type described in this paragraph (a) within 60 days after discovery of the event. In the case of an invalid actuation reported under § 53.1640(a)(2), other than automatic reactor shutdown when the reactor is critical, the licensee may, at its option, provide a telephone notification to the NRC Operations Center within 60 days after discovery of the event instead of submitting a written LER. Unless otherwise specified in this section, the licensee must report an event if it occurred within 3 years of the date of discovery regardless of the plant mode or power level, and regardless of the significance of the structure, system, or component that initiated the event. (2) The licensee must report— (i)(A) The completion of any commercial nuclear plant shutdown required by the plant's Technical Specifications. (B) Any operation or condition which was prohibited by the plant's Technical Specifications except when— ( 1 ) The Technical Specification is administrative in nature; ( 2 ) The event consisted solely of a case of a late surveillance test where the oversight was corrected, the test was performed, and the equipment was found to be capable of performing its specified safety functions; or ( 3 ) The Technical Specification was revised prior to discovery of the event such that the operation or condition was no longer prohibited at the time of the event. (C) Any deviation from the plant's Technical Specifications authorized under § 53.740(h). (ii) Any event or condition that resulted in— (A) The condition of the commercial nuclear plant, including its principal safety barriers, being seriously degraded; or (B) The commercial nuclear plant being in a condition not analyzed under § 53.450 that significantly degrades plant safety. (iii) Any natural phenomena or other exte… | |||||
| 10:10:2.0.1.1.3.10.62.6 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | J | Subpart J—Reporting and Other Administrative Requirements | § 53.1645 Reports of radiation exposure to members of the public. | NRC | (a) Each holder of an OL, and each holder of a COL after the Commission has made the finding under § 53.1452(g), must submit radiological reports as required by 10 CFR part 20, as well as an Annual Radioactive Effluent Release Report and an Annual Radiological Environmental Operating Report. The Annual Radioactive Effluent Release Report must specify the quantity of each of the principal radionuclides released to unrestricted areas in liquid and in gaseous effluents and an estimate of the dose received by the maximally exposed member of the public in an unrestricted area from effluents and direct radiation from contained sources during the previous calendar year. The Annual Radiological Environmental Operating Report must provide data on measurable levels of radiation and radioactive materials in the environment, must include an evaluation of the relationship between quantities of radioactive material released in effluents and resultant radiation doses to individuals from principal pathways of exposure, and must include the results of environmental monitoring during the previous calendar year. These reports must also include any other information as may be required by the Commission to estimate maximum potential annual radiation doses to the public. The reports must be submitted as specified in § 53.040 by May 15 of each successive year. If the total effective dose equivalent to members of the public in unrestricted areas during the reporting period is greater than the design objectives established under § 53.425, the report must specify the causes for exceeding the design objective and describe any corrective actions. On the basis of these reports and any additional information the Commission may obtain from the licensee or others, the Commission may require the licensee to take action as the Commission deems appropriate. (b) If during any calendar quarter the radiation exposure to a member of the public in the unrestricted areas, calculated on the same basis as the respective design objective exposure, exceeds… | |||||
| 10:10:2.0.1.1.3.10.62.7 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | J | Subpart J—Reporting and Other Administrative Requirements | § 53.1650 Facility information and verification. | NRC | (a) In response to a written request by the Commission, each applicant for a CP or license and each recipient of a CP or a license must submit facility information, as described in § 75.10 of this chapter, on International Atomic Energy Agency (IAEA) Design Information Questionnaire forms and site information on DOC/NRC Form AP-A and associated forms; (b) As required by the Additional Protocol, must submit location information described in § 75.11 of this chapter on DOC/NRC Form AP-1 and associated forms; and (c) Must permit verification thereof by the IAEA and take other action as necessary to implement the US/IAEA Safeguards Agreement, as described in part 75 of this chapter. | |||||
| 10:10:2.0.1.1.3.10.62.8 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | J | Subpart J—Reporting and Other Administrative Requirements | § 53.1660 Financial requirements. | NRC | Sections 53.1670 through 53.1700 set out the requirements and procedures related to financial qualifications and related reporting requirements. | |||||
| 10:10:2.0.1.1.3.10.62.9 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | J | Subpart J—Reporting and Other Administrative Requirements | § 53.1670 Financial qualifications. | NRC | Except for an electric utility applicant for a license to operate a commercial nuclear plant, an applicant for a CP, OL, or COL under this part must appear to be financially qualified for the activities for which the permit or license is sought. | |||||
| 10:10:2.0.1.1.3.12.62.1 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | M | Subpart M—Enforcement | § 53.9000 Violations. | NRC | (a) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of— (1) The Atomic Energy Act of 1954, as amended (the Act); (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or order issued under those Acts. (b) The Commission may obtain a court order for the payment of a civil penalty imposed under Section 234 of the Act: (1) For violations of— (i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Act; (ii) Section 206 of the Energy Reorganization Act of 1974, as amended; (iii) Any rule, regulation, or order issued under the sections specified in paragraph (b)(1)(i) of this section; (iv) Any term, condition, or limitation of any license issued under the sections specified in paragraph (b)(1)(i) of this section. (2) For any violation for which a license may be revoked under section 186 of the Act. | |||||
| 10:10:2.0.1.1.3.12.62.2 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | M | Subpart M—Enforcement | § 53.9010 Criminal penalties. | NRC | (a) Section 223 of the Act provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in part 53 are issued under one or more of sections 161b, 161i, or 161o, except for the sections listed in paragraph (b) of this section. (b) The regulations in 10 CFR part 53 that are not issued under sections 161b, 161i, or 161o for the purposes of section 223 are as follows: §§ 53.000, 53.015, 53.020, 53.040, 53.080, 53.090, 53.100, 53.110, 53.120, 53.600, 53.725, 53.726, 53.735, 53.760, 53.775, 53.790, 53.795, 53.820, 53.910, 53.1000, 53.1050, 53.1100, 53.1103, 53.1106, 53.1109, 53.1112, 53.1115, 53.1118, 53.1120, 53.1121, 53.1124, 53.1140, 53.1144, 53.1146, 53.1149, 53.1155, 53.1158, 53.1164, 53.1170, 53.1173, 53.1176, 53.1179, 53.1188, 53.1200, 53.1206, 53.1209, 53.1210, 53.1212, 53.1215, 53.1218, 53.1221, 53.1230, 53.1236, 53.1239, 53.1241, 53.1242, 53.1245, 53.1248, 53.1251, 53.1254, 52.1257, 52.1260, 53.1263, 53.1270, 53.1276, 53.1279, 53.1282, 53.1285, 53.1286, 53.1287, 53.1288, 53.1291, 53.1293, 53.1295, 53.1300, 53.1306, 53.1309, 53.1312, 53.1315, 53.1318, 53.1324, 53.1330, 53.1333, 53.1336, 53.1348, 53.1360, 53.1366, 53.1369, 53.1372, 53.1375, 53.1381, 53.1384, 53.1387, 53.1390, 53.1396, 53.1401, 53.1405, 53.1410, 53.1416, 53.1419, 53.1422, 53.1425, 53.1431, 53.1437, 53.1440, 53.1443, 53.1452, 53.1455, 53.1456, 53.1458, 53.1461, 53.1470, 53.1500, 53.1510, 53.1515, 53.1520, 53.1525, 53.1530, 53.1535, 53.1540, 53.1560, 53.1585, 53.1590, 53.1595, 53.1600, 53.1660, 53.1670, 53.1700, 53.1710, 53.1730, 53.9000, 53.9010. | |||||
| 10:10:2.0.1.1.3.2.62.1 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | B | Subpart B—Technology-Inclusive Safety Requirements | § 53.210 Safety criteria for design-basis accidents. | NRC | Design features and programmatic controls must be provided for each commercial nuclear plant such that identification and analyses of design-basis accidents (DBAs) in accordance with § 53.240 demonstrate the following: (a) An individual located at any point on the boundary of the exclusion area for any 2-hour period following the onset of the postulated fission product release would not receive a radiation dose in excess of 25 rem (250 millisieverts) total effective dose equivalent (TEDE); and (b) An individual located at any point on the outer boundary of the low-population zone who is exposed to the radioactive cloud resulting from the postulated fission product release (during the entire period of its passage) would not receive a radiation dose in excess of 25 rem (250 millisieverts) TEDE. 1 1 The use of 25 rem TEDE is not intended to imply that this number constitutes an acceptable limit for an emergency dose to the public under accident conditions. Rather, this dose value has been set forth in this section as a reference value, which can be used in the evaluation of plant design features with respect to postulated reactor accidents, to assure that these designs provide assurance of low risk of public exposure to radiation, in the event of an accident. | |||||
| 10:10:2.0.1.1.3.2.62.2 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | B | Subpart B—Technology-Inclusive Safety Requirements | § 53.220 Safety criteria for licensing-basis events other than design-basis accidents. | NRC | Design features and programmatic controls must be provided for each commercial nuclear plant such that identification and analysis of licensing-basis events (LBEs) other than DBAs in accordance with § 53.240 demonstrate the following: (a) Plant structures, systems, and components (SSCs), personnel, and programs provide the necessary capabilities and maintain the necessary reliability to address LBEs other than DBAs in accordance with §§ 53.240 and 53.450(e), and provide measures for defense in depth in accordance with § 53.250; and (b) The analysis of risks to public health and safety resulting from LBEs other than DBAs under § 53.450(e) includes comprehensive risk metrics that satisfy associated risk performance objectives that are acceptable to the U.S. Nuclear Regulatory Commission (NRC) and provide an appropriate level of safety. | |||||
| 10:10:2.0.1.1.3.2.62.3 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | B | Subpart B—Technology-Inclusive Safety Requirements | § 53.230 Safety functions. | NRC | (a) The primary safety function is limiting the release of radioactive materials from the facility and must be maintained during normal operation and for LBEs over the life of the plant. (b) Additional safety functions needed to support the retention of radioactive materials during LBEs—such as controlling reactivity, heat generation, heat removal, and chemical interactions—must be identified for each commercial nuclear plant. (c) The primary and additional safety functions are required to satisfy the safety criteria defined in §§ 53.210 and 53.220 and must be fulfilled by the design features, human actions, and programmatic controls specified throughout this part. | |||||
| 10:10:2.0.1.1.3.2.62.4 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | B | Subpart B—Technology-Inclusive Safety Requirements | § 53.240 Licensing-basis events. | NRC | (a) Licensing-basis events must be identified for each commercial nuclear plant and analyzed under § 53.450 to demonstrate that the safety requirements in this subpart have been satisfied. (b) The identified LBEs, ranging from anticipated event sequences to very unlikely event sequences, must collectively address appropriate risk-informed combinations of malfunctions of plant SSCs, human errors, facility hazards, and the effects of external hazards. (c) The analysis of LBEs must— (1) Include analysis of one or more DBAs under § 53.450(f); (2) Confirm the adequacy of design features and programmatic controls needed to satisfy the safety criteria defined in §§ 53.210 and 53.220, and (3) Establish related functional requirements for plant SSCs, personnel, and programs. | |||||
| 10:10:2.0.1.1.3.2.62.5 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | B | Subpart B—Technology-Inclusive Safety Requirements | § 53.250 Defense in depth. | NRC | (a) Measures must be taken for each commercial nuclear plant to ensure appropriate defense in depth is provided to compensate for uncertainties in the analysis of the safety criteria such that there is reasonable assurance that the safety criteria in this subpart are met over the life of the plant. (b) The uncertainties that must be addressed under paragraph (a) of this section include those related to the state of knowledge and modeling capabilities, the ability of barriers to limit the release of radioactive materials from the facility during LBEs other than DBAs, the reliability and performance of plant SSCs and personnel, and the effectiveness of programmatic controls. (c) The safety analysis may not exclusively rely upon a single engineered design feature, human action, or programmatic control, no matter how robust, to address the range of LBEs other than DBAs. | |||||
| 10:10:2.0.1.1.3.2.62.6 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | B | Subpart B—Technology-Inclusive Safety Requirements | § 53.260 Normal operations. | NRC | Holders of licenses to operate commercial nuclear plants under this part must control public doses and dose rates in unrestricted areas from normal plant operations to meet the requirements in 10 CFR part 20. | |||||
| 10:10:2.0.1.1.3.2.62.7 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | B | Subpart B—Technology-Inclusive Safety Requirements | § 53.270 Protection of plant workers. | NRC | Holders of licenses to operate commercial nuclear plants under this part must control occupational doses to meet the requirements in 10 CFR part 20. | |||||
| 10:10:2.0.1.1.3.3.62.1 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | C | Subpart C—Design and Analysis Requirements | § 53.400 Design features for licensing-basis events. | NRC | (a) Design features must be provided for each commercial nuclear plant such that, when combined with corresponding human actions and programmatic controls, the plant will satisfy the safety criteria defined in §§ 53.210 and 53.220. (b) Design features must ensure that the safety functions identified in § 53.230 are fulfilled during licensing-basis events (LBEs). | |||||
| 10:10:2.0.1.1.3.3.62.10 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | C | Subpart C—Design and Analysis Requirements | § 53.470 [Reserved] | NRC | ||||||
| 10:10:2.0.1.1.3.3.62.11 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | C | Subpart C—Design and Analysis Requirements | § 53.480 Earthquake engineering. | NRC | (a) Effects of earthquakes. Structures, systems, and components classified as SR or NSRSS must be able to withstand the effects of earthquakes, commensurate with the safety significance of the SSC, without loss of capability to perform their role in fulfilling the safety functions required by § 53.230. (b) Definitions. As used in this section— Design-Basis Ground Motions (DBGMs) are the vibratory ground motions for which certain SSCs must be designed to remain functional. Operating basis earthquake (OBE) ground motion is the vibratory ground motion for which those features of the commercial nuclear plant necessary for continued operation without undue risk to the health and safety of the public are designed to remain functional. The OBE ground motion is used in § 53.720. Response spectrum is a plot of the maximum responses (acceleration, velocity, or displacement) of idealized single-degree-of-freedom oscillators as a function of the natural frequencies of the oscillators for a given damping value. The response spectrum is calculated for a specified vibratory motion input at the oscillators' supports. Surface deformation is the distortion of geologic strata on or near the ground surface that occurs because of tectonic forces that result from earthquakes. (c) Design considerations —(1) Design-Basis Ground Motions. (i) The DBGMs must be derived from the Site Ground Motion Response Spectra developed in accordance with § 53.510(c), by taking into consideration the functional design criteria of SSCs in accordance with §§ 53.410 and 53.420. The horizontal component of the DBGM(s) in the free-field at the foundation level of the structures must be an appropriate response spectrum that is determined based on the risk-significance of SSCs and their safety functions. In view of the limited data available on vibratory ground motion of strong earthquakes, it is acceptable that the design response spectra be smoothed spectra. (ii) The commercial nuclear plant must be designed so that, if the DBGMs occur, the… | |||||
| 10:10:2.0.1.1.3.3.62.2 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | C | Subpart C—Design and Analysis Requirements | § 53.410 Functional design criteria for design-basis accidents. | NRC | (a) Functional design criteria must be defined for each design feature classified as safety-related (SR) in terms of its role in demonstrating compliance with the safety criteria defined in § 53.210. (b) The identification of special treatments associated with the design of SR structures, systems, and components (SSCs) must consider human actions and programmatic controls identified and implemented in accordance with this and other subparts to achieve and maintain the reliability and capability of SSCs relied upon to satisfy the defined functional design criteria and the safety criteria required in § 53.210, and to maintain consistency with analyses required by § 53.450(f). | |||||
| 10:10:2.0.1.1.3.3.62.3 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | C | Subpart C—Design and Analysis Requirements | § 53.415 Protection against external hazards. | NRC | Safety-related SSCs must be protected against or must be designed to withstand the effects of natural phenomena ( e.g., earthquakes, tornadoes, hurricanes, floods, tsunami, and seiches) and constructed hazards ( e.g., dams, transportation routes, military and industrial facilities) considering an event severity up to the design-basis external hazard levels as determined under § 53.510 without losing the capability to perform the safety functions identified under § 53.230. Specific requirements for earthquake engineering are included in § 53.480. | |||||
| 10:10:2.0.1.1.3.3.62.4 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | C | Subpart C—Design and Analysis Requirements | § 53.420 Functional design criteria for licensing-basis events other than design-basis accidents. | NRC | (a) Functional design criteria must be defined for each design feature classified as SR or non-safety-related but safety-significant (NSRSS) in terms of its role in demonstrating compliance with— (1) The safety criteria in § 53.220; and (2) The evaluation criteria in § 53.450(e). (b) The identification of special treatments associated with the design of SR and NSRSS SSCs must consider human actions and programmatic controls identified and implemented in accordance with this and other subparts to achieve and maintain the reliability and capability of SSCs relied upon to satisfy— (1) The safety criteria in § 53.220; and (2) The evaluation criteria in § 53.450(e). | |||||
| 10:10:2.0.1.1.3.3.62.5 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | C | Subpart C—Design and Analysis Requirements | § 53.425 Design features and functional design criteria for normal operations. | NRC | (a) Design features must be provided for each commercial nuclear plant to support the Radiation Protection Program required in § 53.850. (b) Functional design criteria must be defined for each design feature relied upon to demonstrate compliance with § 53.850. (c) Functional design criteria, including design objectives for dose to the maximally exposed member of the public, must be defined for design features to show that plant design features and corresponding programmatic controls, including monitoring programs, control liquid, gaseous, and solid wastes, as required under part 20 of this chapter. | |||||
| 10:10:2.0.1.1.3.3.62.6 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | C | Subpart C—Design and Analysis Requirements | § 53.430 Design features and functional design criteria for protection of plant workers. | NRC | (a) Design features must be provided for each commercial nuclear plant such that, when combined with corresponding programmatic controls, the requirements in § 53.270 can be met. (b) Functional design criteria must be defined for each design feature relied upon to demonstrate compliance with § 53.270. | |||||
| 10:10:2.0.1.1.3.3.62.7 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | C | Subpart C—Design and Analysis Requirements | § 53.440 Design requirements. | NRC | (a)(1) Analysis, appropriate test programs, prototype testing, operating experience, or a combination thereof must demonstrate that each design feature required by § 53.400 meets the defined functional design criteria required by §§ 53.410 and 53.420. This demonstration must consider interdependent effects throughout the commercial nuclear plant and the range of conditions under which the design features required by § 53.400 must function throughout the plant's lifetime. (2) The design processes for SR and NSRSS SSCs under this part must include administrative procedures for evaluating operating, design, and construction experience and for considering applicable important industry experiences in the design of those SSCs. (b) The design features classified as SR must, wherever applicable, be designed using generally accepted consensus codes and standards that have been endorsed or otherwise found acceptable by the U.S. Nuclear Regulatory Commission (NRC). (c) The materials used for each SR and NSRSS SSC must be qualified for their service conditions over the design life of the SSC as appropriate to satisfy the special treatments established for the SSC under § 53.460. (d) Possible degradation mechanisms related to aging, fatigue, chemical interactions, operating temperatures, effects of irradiation, and other environmental factors that may affect the performance of SR and NSRSS SSCs must be evaluated and used to inform the design and the development of integrity assessment programs under § 53.870. (e)(1) Safety-related SSCs and, where appropriate, NSRSS SSCs must be designed and located to minimize, consistent with other safety requirements in this part, the probability and effect of fires and explosions. (2) Noncombustible and fire-resistant materials must be used wherever practical throughout the facility, particularly in locations with SR and NSRSS SSCs. (3) Fire detection and fire suppression systems of appropriate capacity and capability must be provided and designed to minimize the adverse effects of … | |||||
| 10:10:2.0.1.1.3.3.62.8 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | C | Subpart C—Design and Analysis Requirements | § 53.450 Analysis requirements. | NRC | (a) Requirement to have a probabilistic risk assessment (PRA), or other systematic risk evaluations (SREs), or a combination thereof. A PRA, other SREs, or a combination thereof for each commercial nuclear plant must be performed and used together with other generally accepted approaches for systematically evaluating engineered systems to identify potential failures, susceptibility to internal and external hazards, and other contributing factors to event sequences that might challenge the safety functions identified in § 53.230 and to support demonstrating that each commercial nuclear plant meets the safety criteria of § 53.220. (b) Specific uses of analyses. The PRA, other SREs, or a combination thereof, together with other generally accepted approaches for systematically evaluating engineered systems must be used to— (1) Inform the selection of the LBEs, as described in § 53.240, which must be considered in the design to determine compliance with the safety criteria in subpart B of this part. (2) Inform the classification of SSCs according to their safety significance in accordance with § 53.460 and to identify the environmental conditions under which the SSCs and operating staff must perform their safety functions. (3) Evaluate the adequacy of defense-in-depth measures required in accordance with § 53.250. (4) Identify and assess all plant operating states where there is the potential for the uncontrolled release of radioactive material to the environment. (5) Identify and assess events that challenge plant control and safety systems whose failure could lead to the uncontrolled release of radioactive material to the environment. These include internal events, such as human errors and equipment failures, and external events identified in accordance with subpart D of this part. (6) Inform the establishment and updating of appropriate measures for plant operations, including availability controls, to ensure that the configurations and special treatments for SR SSCs and NSRSS SSCs provide the capabiliti… | |||||
| 10:10:2.0.1.1.3.3.62.9 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | C | Subpart C—Design and Analysis Requirements | § 53.460 Safety categorization and special treatments. | NRC | (a) Structures, systems, and components must be classified according to their safety significance. The SSC categories must include “Safety-Related,” “Non-Safety-Related but Safety-Significant,” and “Non-Safety-Significant,” as defined in subpart A of this part. (b) For SR and NSRSS SSCs, the conditions under which they must perform their safety function in § 53.230 must be identified. Special treatments must be established in accordance with this and other subparts to provide confidence that the SSCs will perform under the service conditions and with reliability consistent with the analysis performed under § 53.450 to demonstrate meeting the safety criteria in §§ 53.210 and 53.220. (1) The special treatments for SR SSCs must include meeting the applicable quality assurance requirements from appendix B of part 50 of this chapter. (2) The special treatments for NSRSS SSCs and special treatments for SR SSCs beyond those required under paragraph (b)(1) of this section may include meeting selected quality assurance requirements from appendix B of part 50 of this chapter when such treatment is needed to address performance requirements, equipment reliability, or uncertainties. (c) The identification of special treatments for SR and NSRSS SSCs must account for human actions needed to prevent or mitigate LBEs, the need to perform such actions reliably under the postulated environmental conditions, and the role of programs established in accordance with subpart F of this part to provide confidence that those actions will be performed as assumed in the analysis performed in accordance with § 53.450 to demonstrate meeting the applicable criteria in §§ 53.210, 53.220, and 53.450(e). | |||||
| 10:10:2.0.1.1.3.4.62.1 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | D | Subpart D—Siting Requirements | § 53.500 General siting and siting assessment. | NRC | The purpose of this subpart and the specific requirements therein is to ensure that: (a) The siting of each commercial nuclear plant is supported by assessments of proposed sites such that the design, including design features and programmatic controls corresponding to the site characteristics, satisfies the safety criteria defined in §§ 53.210 and 53.220. The siting assessment addresses the site characteristics that might contribute to the initiation, progression, or consequences of licensing-basis events (LBEs) analyzed under §§ 53.450 and 53.480 that are identified and mitigated by design features or programmatic controls. The siting assessment takes into consideration the potential adverse impacts that a commercial nuclear plant may have on nearby populations as a result of normal operations or LBEs. (b) Activities performed to identify site characteristics or otherwise needed to determine site-specific contributors to functional design criteria or analysis assumptions under subpart C of this part satisfy the applicable special treatment requirements of § 53.460, including, where applicable, the quality assurance requirements from appendix B of part 50 of this chapter. | |||||
| 10:10:2.0.1.1.3.4.62.2 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | D | Subpart D—Siting Requirements | § 53.510 External hazards. | NRC | (a) General external hazard requirements. The design-basis external hazard level for the relevant external hazards for a site must be identified and characterized based on site-specific assessments of natural and constructed hazards with the potential to adversely affect plant functions. The external hazard frequencies and magnitudes determined from the site-specific assessments must take into account uncertainties and variabilities in data, models, and methods relied on to characterize the external hazards. (b) Definitions. As used in this section, the following terms mean: Geological Siting Factors are geological and seismic factors that may affect the design and operation of the proposed commercial nuclear plant. Ground Motion Response Spectra (GMRS) are the site-specific GMRS resulting from the geologic investigations and evaluations of the site vicinity and region and used to determine design-basis ground motions for structures, systems, and components under § 53.480. Probabilistic Seismic Hazard Analysis is an analytical methodology that incorporates uncertainty into estimates of an annual frequency of exceedance for a certain ground motion parameter ( e.g., peak ground acceleration, peak ground velocity, response spectral values) at a site. (c) Geological investigations. The GMRS for the site must be determined based on the results of investigations of the geological, seismological, and engineering characteristics of the site and its environs and must be characterized by both horizontal and vertical free-field GMRS at the free ground surface. The size of the region to be investigated and the type of data pertinent to the investigations must be determined based on the nature of the region surrounding the site. Data on vibratory ground motion, earthquake recurrence rates, fault geometry and slip rates, and site subsurface material properties must be obtained by reviewing pertinent literature and carrying out field investigations. Uncertainties are inherent in the parameters and models used to … | |||||
| 10:10:2.0.1.1.3.4.62.3 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | D | Subpart D—Siting Requirements | § 53.520 Site characteristics. | NRC | Site characteristics that might contribute to the initiation, progression, or consequences of LBEs analyzed under § 53.450 must be identified, assessed, and considered in the design and analyses required by subpart C of this part. | |||||
| 10:10:2.0.1.1.3.4.62.4 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | D | Subpart D—Siting Requirements | § 53.530 Population-related considerations. | NRC | Every site must have an exclusion area, a low-population zone, and a population center distance as defined in § 53.020. (a) The offsite radiological consequences estimated by the analyses required by § 53.450(f) must be used to confirm that— (1) An individual located at any point on the boundary of the exclusion area for any 2-hour period following onset of the postulated fission product release would not receive a radiation dose in excess of 25 rem (250 millisieverts) total effective dose equivalent. (2) An individual located at any point on the outer boundary of the low-population zone who is exposed to the radioactive cloud resulting from the postulated fission product release (during the entire period of its passage) would not receive a radiation dose in excess of 25 rem (250 millisieverts) total effective dose equivalent. (b) The reactor site must either: (1) Provide a population center distance of at least one and one-third times the distance from the reactor to the outer boundary of the low-population zone; or (2) Be found acceptable to the U.S. Nuclear Regulatory Commission (NRC) based on assessments of societal risks in comparison to societal benefits for the specific site. The boundary of the population center or the alternate area assessed considering societal risks and benefits must be determined upon consideration of population distribution. Political boundaries are not controlling in the calculation of population center distance or the alternate area assessed considering societal risks and benefits. (c) Reactor sites should be located away from very densely populated centers or otherwise be shown to be acceptable by assessments of societal risks in comparison to societal benefits for the specific site. Areas of low-population density are, generally, preferred. However, in determining the acceptability of a particular site located away from a very densely populated center but not in an area of low-population density or when assessing a site considering societal risks and benefits, consideratio… | |||||
| 10:10:2.0.1.1.3.4.62.5 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | D | Subpart D—Siting Requirements | § 53.540 Siting interfaces. | NRC | Site characteristics must be addressed by the design features, programmatic controls, and supporting analyses used to demonstrate that the safety criteria in §§ 53.210 and 53.220 are met for each commercial nuclear plant. Site characteristics must be such that adequate emergency plans and security plans can be developed and maintained. | |||||
| 10:10:2.0.1.1.3.5.62.1 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | E | Subpart E—Construction and Manufacturing Requirements | § 53.600 Construction and manufacturing—scope and purpose. | NRC | This subpart applies to those construction and manufacturing activities authorized by a construction permit (CP), combined license (COL), manufacturing license (ML), or limited work authorization (LWA) issued under this part. | |||||
| 10:10:2.0.1.1.3.5.62.2 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | E | Subpart E—Construction and Manufacturing Requirements | § 53.605 Reporting of defects and noncompliance. | NRC | Each CP and ML issued under this part is subject to the terms and conditions in this section, and each COL issued under this part is subject to the terms and conditions in this section until the date that the Commission makes the finding under § 53.1452(g). (a) Definitions. The definitions in § 21.3 of this chapter apply to this section. (b) Posting requirements. (1) Each individual, partnership, corporation, dedicating entity, or other entity subject to the regulations in this section must post current copies of this section and the regulations in 10 CFR part 21; section 206 of the Energy Reorganization Act of 1974, as amended; and procedures adopted under these regulations. These documents must be posted in a conspicuous position on any premises within the United States where the activities subject to the license are conducted. (2) If posting of these regulations or the procedures adopted under them is not practical, the licensee may, in addition to posting section 206 of the Energy Reorganization Act of 1974, as amended, post a notice that describes the regulations/procedures, including the name of the individual to whom reports may be made, and states where they may be examined. (c) Procedures. The holder of a CP, COL, or ML subject to this section must adopt appropriate procedures to— (1) Evaluate deviations and failures to comply to identify defects and failures to comply associated with substantial safety hazards as soon as practicable, and, except as provided in paragraph (c)(2) of this section, in all cases within 60 days of discovery, to identify a reportable defect or failure to comply that could create a substantial safety hazard, were it to remain uncorrected. (2) Ensure that if an evaluation of an identified deviation or failure to comply potentially associated with a substantial safety hazard cannot be completed within 60 days from the discovery of the deviation or failure to comply, an interim report is prepared and submitted to the Commission through a director or responsible officer,… | |||||
| 10:10:2.0.1.1.3.5.62.3 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | E | Subpart E—Construction and Manufacturing Requirements | § 53.610 Construction. | NRC | (a) Management and control. Licensees must ensure that the following plans, programs, and organizational units are developed and implemented to manage and control the construction activities: (1) Programs to ensure that the construction of a commercial nuclear plant supports the eventual compliance with the design and analysis requirements in subpart C of this part. (2) An organization, headed by qualified personnel, responsible for managing, controlling, and evaluating the adequacy of the construction activities. (3) Procedures describing the qualifications for personnel in key positions in the licensee's management and control organization and the organizational responsibilities, authority, and interfaces with other parts of the licensee's organization. (4) Procedures to evaluate the applicability of other national and international construction experience to the planned and ongoing construction activities and to ensure the applicable experience will be provided to those constructing the plant. (5) A fitness-for-duty program, under 10 CFR part 26. (6)(i) A QAP meeting the requirements of appendix B of part 50 of this chapter as required by § 53.460(b). (ii) Appropriate programmatic controls to provide special treatment for non-safety-related but safety-significant structures, systems, and components (SSCs). (7) A radiation protection program, in accordance with 10 CFR part 20, that includes measures for monitoring the dose to individuals working with radioactive materials brought onto the site, as applicable. (8) An information security program in accordance with §§ 73.21, 73.22, and 73.23 of this chapter, as applicable. (b) Construction activities. No person may begin the construction of a commercial nuclear plant on a site on which the facility is to be operated under this part until that person has been issued either a CP or COL, an early site permit authorizing activities under § 53.1130, or an LWA under this part. (1) Licensees must satisfy the following requirements: (i) As appropriate, co… | |||||
| 10:10:2.0.1.1.3.5.62.4 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | E | Subpart E—Construction and Manufacturing Requirements | § 53.620 Manufacturing. | NRC | (a) Management and control. Holders of MLs must ensure that the following plans, programs, and organizational units are developed and implemented to manage and control the manufacturing activities within the scope of the ML: (1) Programs to ensure that the manufacturing of a manufactured reactor or portions of a manufactured reactor complies with the design and analysis requirements in subpart C of this part. The entity with design authority for the manufactured reactor covered by the ML must be identified in the license. (2) An organizational and management structure responsible for managing, controlling, and evaluating the adequacy of the reactor design and manufacturing activities. (3) Procedures describing the qualifications for personnel in key positions in the licensee's management and control organization and the organizational responsibilities, authority, and interfaces with other parts of the licensee's organization. (4) A program to evaluate the applicability of other national and international design and manufacturing experience to the planned and ongoing manufacturing activities. (5) A fitness-for-duty program, in accordance with 10 CFR part 26. (6)(i) A QAP meeting the requirements of appendix B to part 50 of this chapter, to be applied to the design, fabrication, construction, and testing of the SSCs of the manufactured reactor. (ii) Appropriate programmatic controls to provide special treatment measures for non-safety-related but safety-significant SSCs. (7) A radiation protection program, in accordance with 10 CFR part 20, that includes measures for monitoring the dose to individuals if the manufacturing activities include working with radioactive materials. (8) An information security program in accordance with §§ 73.21, 73.22 and 73.23 of this chapter, as applicable. (b) Manufacturing activities. Holders of MLs must satisfy the following requirements: (1) The manufacturing process must be conducted within facilities for which the ML holder has the authority to establish controls o… | |||||
| 10:10:2.0.1.1.3.6.62.1 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.700 Operational objectives. | NRC | The purpose of this subpart and the specific requirements herein is to ensure that: (a) Each holder of an operating license (OL) or combined license (COL) under this part develops, implements, and maintains controls for plant structures, systems, and components (SSCs), responsibilities of personnel, and plant programs during the operating life of each commercial nuclear plant such that the requirements defined in subpart B are satisfied. More specifically: (1) Under § 53.710 through § 53.730, each holder of an OL or COL under this part must maintain the capabilities, availability, and reliability of plant SSCs to ensure that the safety functions identified in § 53.230 will be performed if called upon during licensing-basis events (LBEs). (2) Under § 53.725 through § 53.830, each holder of an OL or COL under this part must ensure that personnel have adequate knowledge and skills to perform their assigned duties that support the performance of the safety functions identified in § 53.230. (3) Under § 53.845 through § 53.910, each holder of an OL or COL under this part must implement plant programs sufficient to ensure that the safety functions identified in § 53.230 will be performed if called upon during normal operations and LBEs. (b) [Reserved] | |||||
| 10:10:2.0.1.1.3.6.62.10 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.740 Facility licensee requirements—general. | NRC | (a) Facility licensees must demonstrate compliance with the requirements of either §§ 53.760 through 53.795 for interaction-dependent-mitigation facilities or §§ 53.800 through 53.820 for self-reliant-mitigation facilities. (b) The facility licensee must maintain the staffing complement described under its approved facility staffing plan until such time as the permanent cessation of operations and permanent removal of fuel from the reactor vessel has been certified as described under § 53.1070. The approved staffing plan is subject to the requirements of § 53.1565. (c) Except as provided under § 53.735, the facility licensee may not permit the manipulation of the controls of a commercial nuclear plant by anyone who is not an operator or senior operator or generally licensed reactor operator, as appropriate. (d) Facility licensees for interaction-dependent-mitigation facilities that have not yet certified the permanent cessation of operations and permanent removal of fuel from the reactor vessel as described under § 53.1070 must designate senior operators to be responsible for supervising the licensed activities of operators. (e) Apparatus and mechanisms other than controls, the operation of which may affect the reactivity or power level of a reactor, must be manipulated only while plant conditions are being monitored by an individual who is an operator or senior operator or a generally licensed reactor operator, as appropriate. (f)(1) Load following is permitted if at least one of the following is immediately capable of refusing demands when they could challenge the safe operation of the plant or when precluded by the plant equipment conditions: (i) The actuation of an automatic protection system that utilizes setpoints more conservative than those otherwise credited for the purposes of reactor protection; or (ii) An automated control system; or (iii) An operator or senior operator or a generally licensed reactor operator, as appropriate. (2) The provisions of paragraph (e) of this section do not apply d… | |||||
| 10:10:2.0.1.1.3.6.62.11 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.745 Operator license requirements. | NRC | A person must be authorized by a license issued by the Commission to perform the function of an operator, senior operator, or generally licensed reactor operator as defined in this part. | |||||
| 10:10:2.0.1.1.3.6.62.12 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.760 Operator licensing. | NRC | (a) Applicability. Sections 53.760 through 53.795 address operator and senior operator licensing requirements. The regulations within these sections are applicable to those applicants for or holders of OLs or COLs under this part for interaction-dependent-mitigation facilities that have not yet certified the permanent cessation of operations and permanent removal of fuel from the reactor vessel as described under § 53.1070. (b) [Reserved] | |||||
| 10:10:2.0.1.1.3.6.62.13 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.765 Medical requirements. | NRC | (a) An applicant for an operator or senior operator license must have a medical examination by a physician. An operator or senior operator must have a medical examination by a physician every 2 years. (b) To certify the medical fitness of an applicant for an operator or senior operator license, an authorized representative of the facility licensee must complete and sign NRC Form 396, “Certification of Medical Examination by Facility Licensee,” which can be obtained by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by calling 301-415-7232, or by visiting the NRC's website at https://www.nrc.gov and selecting forms from the index found on the home page, or by other means provided by the NRC. (1) NRC Form 396 must certify that a physician has conducted the medical examination of the applicant as required in paragraph (a) of this section. (2) When the medical certification requests a conditional license based on medical evidence, the medical evidence must be submitted on NRC Form 396 to the Commission to enable the Commission to make a determination in accordance with § 53.775(b). (c) The facility licensee must document and maintain the results of medical qualifications data, test results, and each operator's or senior operator's medical history for the current license period and provide the documentation to the Commission upon request. The facility licensee must retain this documentation while an individual performs the functions of an operator or senior operator. | |||||
| 10:10:2.0.1.1.3.6.62.14 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.770 Incapacitation because of disability or illness. | NRC | If, during the term of the operator or senior operator license, the licensee develops a permanent physical or mental condition that causes the licensee to fail to demonstrate compliance with the requirements of § 53.775(b)(1)(i), the facility licensee must notify the Commission within 30 days of learning of the diagnosis. For conditions for which a conditional license (as described in § 53.775(b)) is requested, the facility licensee must provide medical certification on NRC Form 396 to the Commission (as described in § 53.765(b)). | |||||
| 10:10:2.0.1.1.3.6.62.15 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.775 Applications for operators and senior operators. | NRC | (a) How to apply. (1) The applicant for an operator or senior operator license must— (i) Complete NRC Form 398, “Personal Qualification Statement—Licensee,” which can be obtained by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by calling 301-415-5877, or by visiting the NRC's website at https://www.nrc.gov and selecting forms from the index found on the home page, or by other means provided by the NRC; (ii) File an original of NRC Form 398, or an equivalent electronic submittal, together with the information required in paragraphs (a)(1)(iii) and (a)(1)(iv) of this section, with the appropriate Regional Administrator. (iii) Provide evidence that the applicant, as a trainee, has successfully demonstrated competence in manipulating the controls of either the facility for which a license is sought or a simulation facility that demonstrates compliance with the requirements of § 53.780(e). For operators applying for a senior operator license, certification that the operator has successfully operated the controls of the facility as an operator will be accepted; and (iv) Provide certification by the facility licensee of medical condition and general health on NRC Form 396, to comply with § 53.765. (2) The Commission may at any time after the application has been filed, and before the license has expired, require further information under oath or affirmation to enable it to determine whether to grant or deny the application or whether to revoke, modify, or suspend the license. (3) An applicant whose application has been denied because of a medical condition or their general health may submit a further medical report at any time as a supplement to the application. (4) Each application and statement must contain complete and accurate disclosure as to all matters required to be disclosed. The applicant must sign statements required by paragraphs (a)(1)(i) and (a)(1)(ii) of this section. (b) Disposition of an initial application —(1) License… | |||||
| 10:10:2.0.1.1.3.6.62.16 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.780 Training, examination, and proficiency program. | NRC | (a) Operator licensing initial training program. (1) A program that is based upon a systems approach to training, as defined by § 53.725(b), must be utilized for the training of applicants for operator and senior operator licenses. The program must ensure that applicants at the facility will possess the knowledge, skills, and abilities necessary to protect the public health and maintain those plant safety functions specific to the facility design. The program must be approved by the Commission prior to its use for training applicants, as described under § 53.730(g). The approved operator licensing initial training program is subject to the requirements of § 53.1565. (2) The facility licensee must maintain operator licensing initial training program records documenting the initial operator licensing training administered and completed by each applicant. The facility licensee must retain these records during the period in which any trainees subsequently remain licensed as operators or senior operators at the facility. (b) Operator licensing initial examination program. (1) The facility licensee must establish and implement an examination program for testing a representative sample of the knowledge, skills, and abilities needed to safely perform operator and senior operator duties, to include both the examination methods and criteria to be used to assess passing performance. The program must provide for valid and reliable examinations and be approved by the Commission prior to its use for examining applicants, as described under § 53.730(g). The approved operator licensing initial examination program is subject to the requirements of § 53.1565. (2) The facility licensee must submit prepared examinations to the Commission for review and approval in advance of their administration. (3) The Commission will either administer an approved examination or allow the facility licensee to administer the examination. The facility licensee must ensure that sufficient advance notification is provided to the Commission to … | |||||
| 10:10:2.0.1.1.3.6.62.17 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.785 Conditions of operator and senior operator licenses. | NRC | Each operator and senior operator license contains and is subject to the following conditions whether stated in the license or not: (a) Neither the license nor any right under the license may be assigned or otherwise transferred. (b) The license is limited to the facility or facilities for which it is issued. (c) The license is limited to those controls of the facility or facilities specified in the license. (d) The license is subject to, and the licensee must observe, all applicable rules, regulations, and orders of the Commission. (e) The licensee must maintain or re-establish proficiency in accordance with the facility licensee's Commission-approved proficiency program required under § 53.780(g). (f) The licensee must be subject to the facility's Commission-approved operator licensing requalification and requalification examination programs required under § 53.780(c). (g) The licensee must have a biennial medical examination as described by § 53.765. (h) The licensee must notify the Commission within 30 days about a conviction for a felony. (i) The licensee must not consume or ingest alcoholic beverages within the protected area of commercial nuclear plants. The licensee must not use, possess, or sell any illegal drugs. The licensee must not perform activities authorized by a license issued under this part while under the influence of alcohol or any prescription, over-the-counter, or illegal substance that could adversely affect his or her ability to safely and competently perform his or her licensed duties. For the purpose of this paragraph (i), with respect to alcoholic beverages and drugs, the term “under the influence” means the licensee exceeded, as evidenced by a confirmed test result, the lower of the cutoff levels for drugs or alcohol contained in 10 CFR part 26, or as established by the facility licensee. The term “under the influence” also means the licensee could be mentally or physically impaired as a result of substance use including prescription and over-the-counter drugs, as determined … | |||||
| 10:10:2.0.1.1.3.6.62.18 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.790 Issuance, modification, and revocation of operator and senior operator licenses. | NRC | (a) Issuance of operator and senior operator licenses. If the Commission determines that an applicant for an operator license or a senior operator license demonstrates compliance with the requirements of the Atomic Energy Act of 1954, as amended, (the Act) and its regulations, it will issue a license in the form and containing any conditions and limitations it considers appropriate and necessary. (b) Modification and revocation of operator and senior operator licenses. (1) The terms and conditions of all operator and senior operator licenses are subject to amendment, revision, or modification by reason of rules, regulations, or orders issued in accordance with the Act or any amendments thereto. (2) Any license may be revoked, suspended, or modified, in whole or in part— (i) For any material false statement in the application or in any statement of fact required under section 182 of the Act; (ii) Because of conditions revealed by the application or statement of fact or any report, record, inspection, or other means that would warrant the Commission to refuse to grant a license on an original application; (iii) For willful violation of, or failure to observe, any of the terms and conditions of the Act or the license, or of any rule, regulation, or order of the Commission; (iv) For any conduct determined by the Commission to be a hazard to safe operation of the facility; or (v) For the sale, use, or possession of illegal drugs, or refusal to participate in the facility drug and alcohol testing program, or a confirmed positive test for drugs, drug metabolites, or alcohol in violation of the conditions and cutoff levels established by § 53.785(i) or the consumption of alcoholic beverages within the protected area of commercial nuclear plants, or a determination of unfitness for scheduled work as a result of the consumption of alcoholic beverages. | |||||
| 10:10:2.0.1.1.3.6.62.19 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.795 Expiration and renewal of operator and senior operator licenses. | NRC | (a) Expiration. (1) Each operator license and senior operator license expires 6 years after the date of issuance, upon termination of employment with the facility licensee, or upon determination by the facility licensee that the licensed individual no longer needs to maintain a license. (2) If a licensee files an application for renewal or an upgrade of an existing license on NRC Form 398 at least 30 days before the expiration of the existing license, it does not expire until disposition of the application for renewal or for an upgraded license has been finally determined by the Commission. Filing by mail will be deemed to be complete at the time the application is postmarked (b) Renewal. (1) The applicant for renewal of an operator license or senior operator license must— (i) Complete and sign NRC Form 398 and include the number of the license for which renewal is sought. (ii) File an original of NRC Form 398 as specified in § 53.775. (iii) Provide written evidence of the applicant's experience under the existing license and the approximate number of hours that the licensee has operated the facility. (iv) Provide a statement by an authorized representative of the facility licensee that during the effective term of the current license the applicant has satisfactorily completed the requalification program for the facility for which operator or senior operator license renewal is sought. (v) Provide evidence that the applicant has discharged the license responsibilities competently and safely. The Commission may accept as evidence of the applicant's having met this requirement a certificate of an authorized representative of the facility licensee or holder of an authorization by which the licensee has been employed. (vi) Provide certification by the facility licensee of medical condition and general health on NRC Form 396, to comply with § 53.765. (2) The license will be renewed if the Commission finds that— (i) The medical condition and the general health of the licensee continue to be such as not to … | |||||
| 10:10:2.0.1.1.3.6.62.2 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.710 Maintaining capabilities and availability of structures, systems, and components. | NRC | Measures must be provided for each commercial nuclear plant licensed under this part such that the capabilities, availability, and reliability of plant SSCs, when combined with corresponding programmatic controls and human actions, provide that the safety criteria defined in §§ 53.210 and 53.220 will be met. (a) Technical specifications must be developed, implemented, and maintained that define conditions or limitations on plant operations that are necessary to ensure that safety-related (SR) SSCs can fulfill the safety functions identified under § 53.230 and support meeting the safety criteria of § 53.210. The technical specifications must describe the following requirements: (1) Limits on the inventory of radioactive materials within the reactor system and supporting systems with the potential, individually or collectively, to cause a release exceeding the safety criteria in § 53.210 as a result of a design-basis accident analyzed in accordance with § 53.450(f). (2) Operating limits for the facility that if exceeded could lead to a failure to perform a required safety function necessary to demonstrate compliance with the safety criteria in § 53.210. (3) For each SSC classified as SR in accordance with § 53.460, technical specifications must define— (i) Limiting conditions for operation. Limiting conditions for operation are the lowest functional capability or performance levels of SR SSCs required to ensure that the design-basis accidents analyzed in accordance with § 53.450(f) satisfy the safety criteria of § 53.210. When a limiting condition for operation is not met, the licensee must shut down the plant or follow any remedial action permitted by the technical specifications until the condition can be met. (ii) Surveillance requirements. Surveillance requirements are requirements relating to test, calibration, or inspection to assure that the necessary quality of systems and components is maintained and that the limiting conditions for operation will be met. (4) Design elements to be included are t… | |||||
| 10:10:2.0.1.1.3.6.62.20 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.800 Facility licensees for self-reliant-mitigation facilities. | NRC | (a) A commercial nuclear plant is a self-reliant-mitigation facility if the NRC determined as part of its approval of the OL or COL for that plant that its design demonstrates compliance with the criteria in paragraphs (a)(1) though (a)(5) of this section. A self-reliant-mitigation facility is of a class, based upon the similarity of operating and technical characteristics of the plants in the class, such that its licensee must comply with the requirements of §§ 53.800 through 53.820 in lieu of those in §§ 53.760 through 53.795. (1) The safety performance criteria of §§ 53.210 and 53.220 must be met without reliance upon human action for credited event mitigation. (2) The results of the probabilistic risk assessment (PRA), other systematic risk evaluations, or a combination thereof required by § 53.450(a) must demonstrate that the evaluation criteria for the events analyzed in accordance with § 53.450 will be met without reliance on human actions to achieve acceptable event mitigation. (3) The functional requirements analysis and function allocation performed under § 53.730(d) must demonstrate that functions required for safety are not reliant upon credited human action. (4) The plant response to events analyzed under § 53.450 must rely exclusively on safety features and characteristics that will neither be rendered unavailable by credible human errors of commission or omission nor credibly require manual human operation in response to equipment failures. Compliance with this paragraph (a)(4) may be achieved through the use of SSCs that function through inherent characteristics or that have engineered protections against human failures. (5) Assessments of credited human actions within the analysis of design-basis accidents (DBAs) and across the range of LBEs other than DBAs do not identify important human actions needed to ensure appropriate defense in depth is provided, as required by § 53.250. (b) [Reserved] | |||||
| 10:10:2.0.1.1.3.6.62.21 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.805 Facility licensee requirements related to generally licensed reactor operators. | NRC | (a) Licensees for self-reliant-mitigation facilities that have not yet certified the permanent cessation of operations and permanent removal of fuel from the reactor vessel as described under § 53.1070 must demonstrate compliance with the following requirements: (1) Ensure that, in addition to being qualified to perform those items identified by the facility-specific systems approach to training conducted under § 53.815, generally licensed reactor operators are qualified to safely and competently— (i) Perform administrative tasks, including compliance with technical specifications, and perform operability determinations; (ii) Implement maintenance and configuration controls; (iii) Comply with radioactive release limitations; (iv) Understand plant operating data, including reactor parameters, and evaluate emergency conditions; (v) Initiate a reactor shutdown from necessary locations; (vi) Dispatch and direct operations and maintenance personnel; (vii) Implement any applicable responsibilities under the facility emergency plan; and (viii) Make required notifications to local, State, participating Tribal, and Federal authorities. (2) Develop, implement, and maintain facility technical specifications that provide the necessary administrative controls to ensure the implementation of the requirements in this section. (3) Develop, implement, and maintain the generally licensed reactor operator training, examination, and proficiency programs required under § 53.815. (4) Ensure that generally licensed reactor operators are subject to the facility's generally licensed reactor operator training, examination, and proficiency programs required under § 53.815. Ensure that generally licensed reactor operators are subject to and comply with the applicable programmatic requirements for personnel required under 10 CFR parts 26 and 73. An individual that is not in compliance with any of these programs is not qualified to be in a position that may involve the manipulation of the controls of the commercial nuclear plant. … | |||||
| 10:10:2.0.1.1.3.6.62.22 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.810 Generally licensed reactor operators. | NRC | (a) A general license to manipulate the controls of a self-reliant-mitigation facility and to direct the licensed activities of generally licensed reactor operators is hereby issued to any individual employed in a position that may involve the manipulation of the controls of that self-reliant-mitigation facility and who observes the restrictions of this section. (b) A generally licensed reactor operator must comply with the operating procedures and other conditions specified in the license authorizing operation of the facility. (c) The general license is limited to the facility or facilities at which the operator is employed. (d) The Commission will suspend the general license on an individual operator basis for violations of any provision of the Act or any rule or regulation issued thereunder whenever the Commission deems such suspension desirable, including— (1) For willful violation of, or failure to observe, any of the terms and conditions of the Act or the general license, or of any rule, regulation, or order of the Commission; (2) For any conduct determined by the Commission to be a hazard to safe operation of the facility; or (3) For the sale, use, or possession of illegal drugs, or refusal to participate in the facility drug and alcohol testing program, or a confirmed positive test for drugs, drug metabolites, or alcohol in violation of the conditions and cutoff levels established by § 53.810(f) or the consumption of alcoholic beverages within the protected area of commercial nuclear plants, or a determination of unfitness for scheduled work as a result of the consumption of alcoholic beverages. (e) The Commission may require information from a generally licensed reactor operator to determine whether a general license should be revoked or suspended with respect to that operator. (f) The generally licensed reactor operator must not consume or ingest alcoholic beverages within the protected area of commercial nuclear plants. The generally licensed reactor operator must not use, possess, or sell any … | |||||
| 10:10:2.0.1.1.3.6.62.23 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.815 Generally licensed reactor operator training, examination, and proficiency programs. | NRC | (a) Applicability. The requirements of this section apply to each licensee of a self-reliant-mitigation facility that has not yet certified the permanent cessation of operations and permanent removal of fuel from the reactor vessel as described under § 53.1070. (b) Requirements. (1) The facility licensee must develop, implement, and maintain training and examination programs that demonstrate compliance with the requirements of paragraphs (b)(2) through (b)(3) of this section. (2) The training program must provide for both the initial and continuing training of generally licensed reactor operators and be derived from a systems approach to training as defined in this part. (3)(i) The training program must incorporate the instructional requirements necessary to provide qualified generally licensed reactor operators to operate and maintain the facility in a safe manner in all modes of operation. The training program must comply with the facility license, including all technical specifications and applicable regulations. The facility licensee must periodically evaluate and revise the training program as appropriate to reflect industry experience and relevant changes, including changes to the facility, procedures, regulations, and quality assurance (QA) requirements. Facility licensee management must periodically review the training program for effectiveness. (ii) The training program must ensure that generally licensed reactor operators have and maintain the necessary knowledge, skills, and abilities. (iii) The training program must include the generally licensed reactor operator manipulating the controls of either the facility or a simulation facility that demonstrates compliance with the requirements of § 53.815(e). (iv) The training program must include an initial examination program for testing a representative sample of the knowledge, skills, and abilities needed to safely perform generally licensed reactor operator duties, to include both the examination methods and criteria to be used to assess passin… | |||||
| 10:10:2.0.1.1.3.6.62.24 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.820 Cessation of individual applicability. | NRC | The general license ceases to be applicable on an individual basis once a generally licensed reactor operator is no longer being employed in a position that may involve the manipulation of the controls of the self-reliant mitigation facility. | |||||
| 10:10:2.0.1.1.3.6.62.25 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.830 Training and qualification of commercial nuclear personnel. | NRC | (a) This section addresses personnel training requirements. The regulations within this section are applicable to all applicants for or holders of OLs or COLs under this part. (b) Prior to initial fuel load (or, for a fueled manufactured reactor, prior to initiating the removal of the features to prevent criticality required under § 53.620(d)(1)), each holder of an operating or COL under this part must, with sufficient time to provide trained and qualified personnel to operate the facility, establish, implement, and maintain a training program that demonstrates compliance with the requirements of paragraphs (c) and (d) of this section. (c) The training program must be derived from a systems approach to training as defined in this part and must provide, at a minimum, for the training and qualification of the following categories of commercial nuclear personnel: (1) Supervisors ( e.g., shift supervisors); (2) Technicians ( e.g., maintenance, chemistry, and radiological); and (3) Other appropriate operating personnel ( e.g., auxiliary operators, certified fuel handlers, and individuals who provide engineering expertise to on-shift operating personnel). (d) The training program must incorporate the instructional requirements necessary to provide qualified personnel to operate components of a commercial nuclear plant and maintain the facility in a safe manner in all modes of operation. The training program must be developed to be in compliance with the facility license, including all technical specifications and applicable regulations. (1) The training program must be periodically evaluated and revised as appropriate to reflect industry experience and relevant changes, including changes to the facility, procedures, regulations, and QA requirements. The training program must be periodically reviewed by facility licensee management for effectiveness. (2) Sufficient records must be maintained by the facility licensee to maintain program integrity and kept available for NRC inspection to verify the adequacy of … | |||||
| 10:10:2.0.1.1.3.6.62.26 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.845 Programs. | NRC | (a) The required plant programs under this part must include but are not necessarily limited to the programs described in the following sections of this subpart. Licensees may combine, separate, and otherwise organize programs and related documents as appropriate for the technologies and organizations associated with the commercial nuclear plant. (b) In addition to the programs described in the following sections, programs must be provided for each commercial nuclear plant, if necessary, to ensure that the performance of design features and human actions are consistent with the analyses performed under §§ 53.450 and 53.730 and that the plant will demonstrate compliance with the safety criteria defined in §§ 53.210 and 53.220. | |||||
| 10:10:2.0.1.1.3.6.62.27 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.850 Radiation protection. | NRC | (a) Each holder of an OL or COL under this part must develop, implement, and maintain a Radiation Protection Program for operations that is commensurate with the scope and extent of licensed activities under this part and includes measures for limiting and monitoring radioactive plant effluents and limiting and monitoring the dose to individuals working with radioactive materials in accordance with 10 CFR part 20. (b) Each holder of an OL or COL under this part must develop, implement, and maintain a program for the control of radioactive effluents and for environmental monitoring. The program must be contained in an Offsite Dose Calculations Manual, must be implemented by procedures, and must include remedial actions to be taken whenever the program limits are exceeded. The Offsite Dose Calculations Manual must— (1) Contain the methodology and parameters used in the calculation of offsite doses resulting from radioactive gaseous and liquid effluents, in the calculation of gaseous and liquid effluent monitoring alarm and trip setpoints, and in the conduct of the radiological environmental monitoring program; and (2) Contain the radioactive effluent controls and radiological environmental monitoring activities, and descriptions of the information that should be included in the Annual Radiological Environmental Operating and Radioactive Effluent Release Reports required by § 53.1645. (c) Each holder of an OL or COL under this part must develop, implement, and maintain a Process Control Program that identifies the administrative and operational controls for solid radioactive waste processing, process parameters, and surveillance requirements sufficient to ensure compliance with the requirements of 10 CFR part 20, 10 CFR part 61, and 10 CFR part 71. | |||||
| 10:10:2.0.1.1.3.6.62.28 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.855 Emergency preparedness. | NRC | (a) Each holder of an OL or COL under this part must have an emergency response plan that must contain information needed to demonstrate compliance with either the requirements in § 50.160 of this chapter or the requirements in appendix E to part 50 and the planning standards of § 50.47(b) of this chapter. (b) No initial OL, initial COL, or early site permit that includes complete and integrated emergency plans will be issued under this part unless a finding is made by the NRC, in accordance with § 50.47 of this chapter, that there is reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency. | |||||
| 10:10:2.0.1.1.3.6.62.29 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.860 Security programs. | NRC | (a) Physical protection program. Each holder of an OL or COL under this part must develop, implement, and maintain a physical protection program under the following requirements: (1) The licensee must implement security requirements for the protection of special nuclear material based on the type, enrichment, and quantity in accordance with 10 CFR part 73, as applicable, and implement security requirements for the protection of Category 1 and Category 2 quantities of radioactive material in accordance with 10 CFR part 37, as applicable; and (2) The licensee must demonstrate compliance with the provisions set forth in either § 73.55 or § 73.100 of this chapter. (b) Fitness-for-duty. Each holder of an OL or COL under this part must develop, implement, and maintain a fitness-for-duty program under 10 CFR part 26. (c) Access authorization. Each holder of an OL or COL under this part must develop, implement, and maintain an access authorization program under § 73.56 or § 73.120 of this chapter, as applicable. (d) Cybersecurity. Each holder of an OL or COL under this part must develop, implement, and maintain a cybersecurity program under § 73.54 or § 73.110 of this chapter. (e) Information security. Each holder of an OL or COL under this part must develop, implement, and maintain an information protection system under §§ 73.21, 73.22, and 73.23 of this chapter, as applicable. | |||||
| 10:10:2.0.1.1.3.6.62.3 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.715 Maintenance, repair, and inspection programs. | NRC | (a) A program to control maintenance activities and monitor the performance or condition of SR and NSRSS SSCs must be developed, implemented, and maintained. (b) Whenever a licensee determines through activities related to maintenance, repair, and inspection of SSCs, the activities under § 53.710, or otherwise that the performance or condition of an SR or NSRSS SSC does not demonstrate compliance with established special treatments or performance goals related to capabilities, availability, or reliability, the licensee must take appropriate corrective action. (c) Performance and condition monitoring activities and associated goals and preventive maintenance activities must be evaluated at least every 24 months. The evaluations must take into account, where practical, industry-wide operating experience. Adjustments must be made where necessary to ensure that the objective of preventing failures of SSCs through maintenance is appropriately balanced against the objective of minimizing unavailability of SSCs due to monitoring or preventive maintenance. (d) Before performing maintenance activities (including but not limited to surveillance, post-maintenance testing, and corrective and preventive maintenance), the licensee must assess and manage the increase in risk that may result from the proposed maintenance activities. | |||||
| 10:10:2.0.1.1.3.6.62.30 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.865 Quality assurance. | NRC | Each holder of an OL or COL under this part must develop, implement, and maintain a quality assurance program in accordance with appendix B of part 50 of this chapter. A written quality assurance program manual must be developed and used to guide the conduct of the program. | |||||
| 10:10:2.0.1.1.3.6.62.31 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.870 Integrity assessment programs. | NRC | Each holder of an OL or COL under this part must develop, implement, and maintain an integrity assessment program to monitor, evaluate, and manage— (a) The effects of plant aging on SR and NSRSS SSCs. The program may refer to surveillances, tests, and inspections conducted for specific SSCs in accordance with other requirements in this part or conducted in accordance with applicable consensus codes and standards endorsed or otherwise found acceptable by the NRC; (b) Cyclic or transient load limits to ensure that SR and NSRSS SSCs are maintained within the applicable design limits; and (c) Degradation mechanisms related to chemical interactions, operating temperatures, effects of irradiation, and other environmental factors to ensure that the capabilities, availability, and reliability of SR and NSRSS SSCs demonstrate compliance with the functional design criteria of §§ 53.410 and 53.420. | |||||
| 10:10:2.0.1.1.3.6.62.32 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.875 Fire protection. | NRC | (a)(1) Each holder of an OL or COL under this part must have a fire protection plan that describes the overall fire protection program for the facility; identifies the various positions within the licensee's organization that are responsible for the program; states the authorities that are delegated to each of these positions to implement those responsibilities; and outlines the plans for fire protection, fire detection and suppression capability; and limitation of fire damage. (2) The fire protection plan must also describe specific features necessary to implement the program described in paragraph (a)(1) of this section such as the following: administrative controls and personnel requirements for fire prevention and manual fire suppression activities; automatic and manually operated fire detection and suppression systems; and the means to limit fire damage to SSCs so that the capability to demonstrate compliance with the requirements of § 53.210 is ensured. (b)(1) Each holder of an OL or COL under this part must develop a performance-based or deterministic fire protection program that demonstrates compliance with the safety criteria outlined in §§ 53.210 and 53.220, related safety functions outlined in § 53.230, and defense in depth as outlined in § 53.250 with specific fire protection measures related to fire prevention, fire detection, and fire suppression. (2) The fire protection program must comply with the following: (i) Safety-related and, where appropriate, NSRSS SSCs must be designed, located, and maintained to minimize, consistent with other safety requirements, the probability and effect of fires and explosions. (ii) Noncombustible and fire-resistant materials must be used wherever practical throughout the facility, particularly in locations with SR and NSRSS SSCs. (iii) Fire detection and fire suppression systems of appropriate capacity and capability must be provided and designed and maintained to minimize the adverse effects of fires on SR and NSRSS SSCs. (iv) Fire suppression systems must b… | |||||
| 10:10:2.0.1.1.3.6.62.33 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.880 Inservice inspection and inservice testing. | NRC | (a) Each holder of an OL or COL under this part must develop, implement, and maintain a program for inservice inspection (ISI) and inservice testing (IST) prior to receiving an OL or COL. The ISI/IST programs must, wherever applicable, be in accordance with generally accepted consensus codes and standards that have been endorsed or otherwise found acceptable by the NRC. The ISI/IST program must include all inspections and tests required by the codes and standards used in the design and be supplemented by risk insights that identify the most important SSCs to plant safety. The types of testing and inspections and their frequency should be informed by risk insights to maintain the reliability and performance of SSCs consistent with the associated design and analyses activities involving those SSCs. Risk insights must also be used to determine when to conduct the inspections and tests ( e.g., full power, shutdown, refueling) to minimize risk to the plant workers and the public. The ISI/IST program must be documented in a written manual and managed by qualified personnel reporting to the director, responsible officer, or designated person. (b) Prior to plant operation, baseline inspections and testing must be performed using the same techniques as will be used for future inspections and testing. The results of these inspections and testing must be used as benchmarks for evaluating the results of future inspections and testing. Sufficient room and support must be provided to accommodate the personnel, ISI/IST equipment, and shielding necessary to perform the inspections and testing. Acceptance criteria for determining whether corrective action is needed must be developed (or taken from the codes and standards used in the design) for evaluating the results of the inspections and testing. The results of the inspections and testing must be provided to the director, responsible officer, or designated person who is responsible for determining what, if any, corrective action is needed and when it should be taken. The ISI/… | |||||
| 10:10:2.0.1.1.3.6.62.34 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.910 Procedures and guidelines. | NRC | (a) Each holder of an OL or COL under this part must have a program for developing, implementing, and maintaining an integrated set of procedures, guidelines, and related supporting activities to support normal operations and respond to possible unplanned events. (b) The program required by paragraph (a) of this section must include but is not limited to development, implementation, maintenance, and supporting activities of procedures and guidelines for the following: (1) Plant operations; (2) Maintenance activities under § 53.715; (3) Program requirements under this subpart; (4) Emergency operating procedures, if developed to address the role of human actions in responding to LBEs; (5) Accident management guidelines, if developed to address the role of human actions in responding to LBEs; (6) Procedures for each area in which licensed special nuclear material is handled, used, or stored to protect personnel upon the sounding of a criticality alarm required by § 53.440(m); and (7) Procedures that describe how the licensee will address the following areas if the licensee is notified of a potential aircraft threat: (i) Verification of the authenticity of threat notifications; (ii) Maintenance of continuous communication with threat notification sources; (iii) Contacting all onsite personnel and applicable offsite response organizations; (iv) Onsite actions necessary to enhance the capability of the facility to mitigate the consequences of an aircraft impact; (v) Measures to reduce visual discrimination of the site relative to its surroundings or individual buildings within the protected area; (vi) Dispersal of equipment and personnel, as well as rapid entry into site protected areas for essential onsite personnel and offsite responders who are necessary to mitigate the event; and (vii) Recall of site personnel. | |||||
| 10:10:2.0.1.1.3.6.62.4 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.720 Response to seismic events. | NRC | If vibratory ground motion exceeding that of the operating basis earthquake Ground Motion or significant plant damage due to vibratory ground motion occurs, the licensee must shut down the commercial nuclear plant. If structures, systems, or components necessary for the safe shutdown of the commercial nuclear plant are not available after the occurrence of this vibratory ground motion, the licensee must consult with the Commission and must propose a plan for the timely, safe shutdown of the commercial nuclear plant. Prior to resuming operations, the licensee must demonstrate to the Commission that those features necessary for continued operation without undue risk to the health and safety of the public or necessary to maintain the licensing basis of the commercial nuclear plant were either not functionally damaged or have been repaired. | |||||
| 10:10:2.0.1.1.3.6.62.5 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.725 General staffing, training, personnel qualifications, and human factors requirements. | NRC | (a) Two classes of commercial nuclear plants. Commercial nuclear plants licensed under this part are either of the class of self-reliant-mitigation facilities or of interaction-dependent-mitigation facilities, based upon the similarity of operating and technical characteristics of the plants in the class. A commercial nuclear plant is a self-reliant-mitigation facility if the U.S. Nuclear Regulatory Commission (NRC) determined as part of its approval of the OL or COL for that plant that its design demonstrates compliance with the criteria of § 53.800(a)(1) through (a)(5). Otherwise, the commercial nuclear plant is an interaction-dependent-mitigation facility. (b) Purpose and applicability. The regulations in §§ 53.725 through 53.830 address areas related to staffing, training, personnel qualifications, and human factors engineering for applicants for or holders of OLs or COLs under this part. These regulations are organized as follows: (1) Sections 53.725 through 53.745 address general requirements for staffing, training, personnel qualifications, and human factors engineering. The regulations within these sections are applicable to all applicants for or holders of OLs or COLs under this part, except where specifically stated otherwise. (2) Sections 53.760 through 53.795 address operator and senior operator licensing requirements. The regulations within these sections are applicable to those applicants for or holders of OLs or COLs under this part for interaction-dependent-mitigation facilities that have not yet certified the permanent cessation of operations and permanent removal of fuel from the reactor vessel as described under § 53.1070. (3) Sections 53.800 through 53.820 address generally licensed reactor operator requirements. The regulations within these sections are in lieu of §§ 53.760 through 53.795 for those applicants for or holders of OLs or COLs under this part for self-reliant-mitigation facilities that have not yet certified the permanent cessation of operations and permanent removal of fu… | |||||
| 10:10:2.0.1.1.3.6.62.6 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.726 Communications. | NRC | (a) An applicant or licensee or facility licensee must submit any communication or report required by the regulations contained within §§ 53.725 through 53.830 and must submit any application filed under these regulations to the Commission. (b) Each facility licensee that is required to comply with the requirements of §§ 53.760 through 53.795 ( i.e., interaction-dependent-mitigation facilities) must notify the appropriate NRC contact within 30 days of the following in regard to a licensed operator or senior operator: (1) Permanent reassignment from the position for which the facility licensee has certified the need for a licensed operator or senior operator under § 53.775(a)(1); (2) Termination of any operator or senior operator; or (3) Permanent disability or illness as required under § 53.770. | |||||
| 10:10:2.0.1.1.3.6.62.7 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.728 Completeness and accuracy of information. | NRC | Information provided to the Commission by an applicant for an operator or senior operator license or by a licensee or information required by statute or by the Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee must be complete and accurate in all material respects. | |||||
| 10:10:2.0.1.1.3.6.62.8 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.730 Defining, fulfilling, and maintaining the role of personnel in ensuring safe operations. | NRC | Each applicant for or holder of an OL or COL for a commercial nuclear plant under this part must comply with the following: (a) Human factors engineering design requirements. The plant design must reflect state-of-the-art human factors engineering principles for safe and reliable performance in all locations that human activities are expected for performing or supporting the continued availability of plant safety or emergency response functions. (b) Human system interface design requirements. The plant design must provide for the following to support operating personnel in monitoring plant conditions and responding to plant events: (1) Features for displaying to operating personnel a minimum set of parameters that define the safety status of the plant and are capable of displaying both the full range of important plant parameters and data trends on demand, as well as indicating when process limits are being approached or exceeded; (2) Automatic indication of the bypassed and operable status of safety systems; (3) Direct indication of SSC status that relates to the ability of the SSC to perform its safety function, such as relief and safety valve position ( i.e., open or closed) for barriers important to fulfilling safety functions with such devices, and ultimate heat sink and cooling system status and availability; (4) Instrumentation to measure, record, and display key plant parameters related to the performance of SSCs and the integrity of barriers important to fulfilling safety functions to support operators in monitoring plant conditions and responding to plant events. Examples include temperatures and pressures within important systems or structures, core or fuel system conditions (including possible damage states), temperatures and levels associated with cooling functions, combustible gas concentrations, radiation levels in systems and within structures, and radioactive effluent releases; (5) Leakage control and detection in the design of systems that pass through barriers important to fulfillin… | |||||
| 10:10:2.0.1.1.3.6.62.9 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | F | Subpart F—Requirements for Operation | § 53.735 General exemptions. | NRC | The regulations in §§ 53.725 through 53.830 do not require a license for an individual who— (a) Under the direction and in the presence of an operator or senior operator or a generally licensed reactor operator, as appropriate, manipulates the controls of a commercial nuclear plant as a part of the individual's training in a facility licensee's training program as approved by the Commission to qualify for an operator or senior operator license or a generally licensed reactor operator license there, as appropriate, under these regulations; or (b) Under the direction and in the presence of a senior operator or generally licensed reactor operator, as appropriate, manipulates the controls of a commercial nuclear plant to load or unload the fuel into, out of, or within the reactor vessel while the reactor is not operating. | |||||
| 10:10:2.0.1.1.3.7.62.1 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | G | Subpart G—Decommissioning Requirements | § 53.1000 Scope and purpose. | NRC | This subpart defines the requirements related to decommissioning for applicants for, or holders of, an operating license (OL) or combined license (COL). The requirements related to maintaining financial assurance for decommissioning are in §§ 53.1010 through 53.1060. The requirements for transitioning from operations to decommissioning and for the release of property and termination of the license are in §§ 53.1070 through 53.1080. | |||||
| 10:10:2.0.1.1.3.7.62.10 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | G | Subpart G—Decommissioning Requirements | § 53.1075 Program requirements during decommissioning. | NRC | (a) Licensees that have submitted the certifications required under § 53.1070 must maintain a decommissioning fire protection program to address the potential for fires that could cause the release or spread of radioactive materials. (1) The objectives of the decommissioning fire protection program are to (i) Reasonably prevent these fires from occurring; (ii) Rapidly detect, control, and extinguish those fires that do occur and that could result in a radiological hazard; and (iii) Ensure that the risk of fire-induced radiological hazards to the public, environment, and plant personnel is minimized. (2) The licensee must assess the decommissioning fire protection program on a regular basis. The licensee must revise the decommissioning fire protection program documentation as appropriate throughout the various stages of facility decommissioning. (3) The licensee may make changes to the decommissioning fire protection program without NRC approval if these changes do not reduce the effectiveness of fire protection for structures, systems, and components that could result in a radiological hazard, taking into account the decommissioning plant conditions and activities. (b) [Reserved] | |||||
| 10:10:2.0.1.1.3.7.62.11 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | G | Subpart G—Decommissioning Requirements | § 53.1080 Release of part of a commercial nuclear plant or site for unrestricted use. | NRC | (a) Prior written NRC approval is required to release part of a commercial nuclear plant or site for unrestricted use at any time before receiving approval of a license termination plan. Section 53.1060 specifies recordkeeping requirements associated with partial release. Holders of an OL or COL under this part seeking NRC review and approval must— (1) Evaluate the effect of releasing the property to ensure that— (i) The dose to individual members of the public does not exceed the limits and standards of subpart D of 10 CFR part 20; (ii) There is no reduction in the effectiveness of emergency planning or physical security; (iii) Effluent releases remain within license conditions; (iv) The environmental monitoring program and offsite dose calculation manual are revised to account for the changes; (v) The siting criteria of subpart D of this part continue to be met; and (vi) All other applicable statutory and regulatory requirements continue to be met. (2) Perform a historical site assessment of the part of the commercial nuclear plant or site to be released; and (3) Perform surveys adequate to demonstrate compliance with the radiological criteria for unrestricted use specified in § 20.1402 of this chapter for impacted areas. (b) For release of non-impacted areas, the licensee may submit a written request for NRC review and approval of the release if a license amendment is not otherwise required. The request submittal must include— (1) The results of the evaluations performed in accordance with paragraphs (a)(1) and (a)(2) of this section; (2) A description of the part of the commercial nuclear plant or site to be released; (3) The schedule for release of the property; (4) The results of the evaluations performed in accordance with § 53.1540; and (5) A discussion that provides the reasons for concluding that the environmental impacts associated with the licensee's proposed release of the property will be bounded by appropriate previously issued environmental impact statements. (c) After receiving a … | |||||
| 10:10:2.0.1.1.3.7.62.2 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | G | Subpart G—Decommissioning Requirements | § 53.1010 Financial assurance for decommissioning. | NRC | (a) This section establishes requirements for indicating to the U.S. Nuclear Regulatory Commission (NRC) how an applicant for or holder of an OL or COL under this part will provide reasonable assurance that funds will be available for the decommissioning process. Reasonable assurance consists of a series of steps as provided in paragraph (b) of this section and §§ 53.1020, 53.1030 and 53.1040. Funding for the decommissioning of commercial nuclear plants may also be subject to the regulation of Federal or State government agencies ( e.g., Federal Energy Regulatory Commission (FERC) and State Public Utility Commissions) that have jurisdiction over rate regulation. The requirements of this subpart, in particular § 53.1020, are in addition to, and not a substitution for, other requirements, and are not intended to be used by themselves or by other agencies to establish rates. (b) Each applicant for an OL or COL under this part must prepare a plan and an associated decommissioning report that ensures and documents that adequate funding will be available to decommission the facility. Each holder of an OL or COL must implement and maintain the plan. (1)(i) Before the Commission issues an OL under this part, the applicant must update the decommissioning report to certify that it has provided financial assurance for decommissioning in the amount proposed in the application and approved by the NRC under § 53.1020. (ii) No later than 30 days after the Commission issues the notice of intended operation under § 53.1452 for a COL under this part, the licensee must update the decommissioning report to certify that it has provided financial assurance for decommissioning in the amount proposed in the application and approved by the NRC under § 53.1020. (2) The amount of financial assurance for decommissioning to be provided must be based on a site-specific cost estimate for decommissioning the facility under § 53.1020. (3) The amount of financial assurance for decommissioning to be provided must be adjusted annually using a… | |||||
| 10:10:2.0.1.1.3.7.62.3 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | G | Subpart G—Decommissioning Requirements | § 53.1020 Cost estimates for decommissioning. | NRC | Cost estimates for decommissioning must be site-specific. Site-specific decommissioning cost estimates (DCEs) must account for the engineering, labor, equipment, transportation, disposal, and related charges needed to support termination of the license. They must include the costs for decontaminating structures, systems, and components and the site environs; removal of contaminated components and materials from the plant and the site environs; disposal of removed components and materials in appropriate facilities; and any other activities supporting the release of the property and termination of the license. They must also address the approach to annual adjustments required by § 53.1030. Finally, site-specific DCEs must include plans for adjusting levels of funds assured for decommissioning to demonstrate that a reasonable level of assurance will be provided that funds will be available when needed to cover the cost of decommissioning. | |||||
| 10:10:2.0.1.1.3.7.62.4 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | G | Subpart G—Decommissioning Requirements | § 53.1030 Annual adjustments to cost estimates for decommissioning. | NRC | Each holder of an OL or COL under this part must annually adjust the cost estimate for decommissioning to account for escalation in labor, energy, and waste burial costs. Licensees may elect to use either a site-specific adjustment factor, approved as part of the plan and associated decommissioning report required by § 53.1010, in paragraph (a) of this section or the generic adjustment factor in paragraph (b) of this section. (a) A site-specific adjustment factor must address the estimated contributions and escalation of costs for the following aspects of decommissioning: (1) Labor, materials, and services; (2) Energy and waste transportation; and (3) Radioactive waste burial or other disposition. (b) A generic adjustment factor must be at least equal to 0.65 L + 0.13 E + 0.22 B, where L and E are escalation factors for labor and energy, respectively, and are to be taken from regional data of U.S. Department of Labor Bureau of Labor Statistics and B is an escalation factor for waste burial and is to be taken from NRC report NUREG-1307, “Report on Waste Burial Charges.” | |||||
| 10:10:2.0.1.1.3.7.62.5 | 10 | Energy | I | 53 | PART 53—RISK-INFORMED, TECHNOLOGY-INCLUSIVE REGULATORY FRAMEWORK FOR COMMERCIAL NUCLEAR PLANTS | G | Subpart G—Decommissioning Requirements | § 53.1040 Methods for providing financial assurance for decommissioning. | NRC | Financial assurance for decommissioning is to be provided by the following methods. (a) Prepayment. Prepayment is the deposit made preceding the start of operation or the transfer of a license under § 53.1570 into an account segregated from licensee assets and outside the administrative control of the licensee and its subsidiaries or affiliates of cash or liquid assets such that the amount of funds would be sufficient to pay decommissioning costs. Prepayment may be in the form of a trust, escrow account, or Government fund with payment by certificate of deposit, deposit of government or other securities, or other method acceptable to the NRC. This trust, escrow account, Government fund, or other type of agreement must be established in writing and maintained at all times in the United States with an entity that is an appropriate State or Federal government agency, or an entity whose operations in which the prepayment deposit is managed are regulated and examined by a Federal or State agency. A licensee that has prepaid funds based on a site-specific cost estimate under § 53.1020 may take credit for projected earnings on the prepaid decommissioning trust funds, using up to a 2 percent annual real rate of return through the time of termination of the license. A licensee may use a credit of greater than 2 percent if the licensee's rate-setting authority has specifically authorized a higher rate. Actual earnings on existing funds may be used to calculate future fund needs. (b) External sinking fund. An external sinking fund is a fund established and maintained by setting funds aside periodically in an account segregated from licensee assets and outside the administrative control of the licensee and its subsidiaries or affiliates in which the total amount of funds would be sufficient to pay decommissioning costs. An external sinking fund may be in the form of a trust, escrow account, or Government fund, with payment by certificate of deposit, deposit of government or other securities, or other method acceptable … |
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