10 C.F.R. § 52 app E to Part 52
I. Introduction
Appendix E constitutes the standard design certification for the Economic Simplified Boiling-Water Reactor (ESBWR) design, in accordance with 10 CFR part 52, subpart B. The applicant for certification of the ESBWR design is GE-Hitachi Nuclear Energy.
II. Definitions
A. Generic design control document (generic DCD) means the document containing the Tier 1 and Tier 2 information and generic technical specifications that is incorporated by reference into this appendix.
B. Generic technical specifications (generic TS) means the information required by 10 CFR 50.36 and 50.36a for the portion of the plant that is within the scope of this appendix.
C. Plant-specific DCD means that portion of the combined license (COL) final safety analysis report (FSAR) that sets forth both the generic DCD information and any plant-specific changes to generic DCD information.
D. Tier 1 means the portion of the design-related information contained in the generic DCD that is approved and certified by this appendix (Tier 1 information). The design descriptions, interface requirements, and site parameters are derived from Tier 2 information. Tier 1 information includes:
1. Definitions and general provisions;
2. Design descriptions;
3. Inspections, tests, analyses, and acceptance criteria (ITAACs);
4. Significant site parameters; and
5. Significant interface requirements.
E. Tier 2 means the portion of the design-related information contained in the generic DCD that is approved but not certified by this appendix (Tier 2 information). Compliance with Tier 2 is required, but generic changes to and plant-specific departures from Tier 2 are governed by Section VIII of this appendix. Compliance with Tier 2 provides a sufficient, but not the only acceptable, method for complying with Tier 1. Compliance methods differing from Tier 2 must satisfy the change process in Section VIII of this appendix. Regardless of these differences, an applicant or licensee must meet the requirement in paragraph III.B of this appendix to reference Tier 2 when referencing Tier 1. Tier 2 information includes:
1. Information required by §§ 52.47(a) and 52.47(c) , with the exception of generic TS and conceptual design information;
2. Supporting information on the inspections, tests, and analyses that will be performed to demonstrate that the acceptance criteria in the ITAACs have been met;
3. COL action items (COL license information), which identify certain matters that must be addressed in the site-specific portion of the FSAR by an applicant who references this appendix. These items constitute information requirements but are not the only acceptable set of information in the FSAR. An applicant may depart from or omit these items, provided that the departure or omission is identified and justified in the FSAR. After issuance of a construction permit or COL, these items are not requirements for the licensee unless such items are restated in the FSAR; and
4. The availability controls in Appendix 19ACM of the DCD.
F. Tier 2* means the portion of the Tier 2 information, designated as such in the generic DCD, which is subject to the change process in paragraph VIII.B.6 of this appendix. This designation expires for some Tier 2* information under paragraph VIII.B.6 of this appendix.
G. Departure from a method of evaluation described in the plant-specific DCD used in establishing the design bases or in the safety analyses means:
1. Changing any of the elements of the method described in the plant-specific DCD unless the results of the analysis are conservative or essentially the same; or
2. Changing from a method described in the plant-specific DCD to another method unless that method has been approved by the NRC for the intended application.
H. All other terms in this appendix have the meaning set out in 10 CFR 50.2 , 10 CFR 52.1 , or Section 11 of the Atomic Energy Act of 1954, as amended, as applicable.
III. Scope and Contents
A. Incorporation by reference approval. The documents in Table 1 are approved for incorporation by reference by the Director of the Office of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . You may obtain copies of the generic DCD from Jerald G. Head, Senior Vice President, Regulatory Affairs, GE-Hitachi Nuclear Energy, 3901 Castle Hayne Road, MC A-18, Wilmington, NC 28401, telephone: 1-910-819-5692. You can view the generic DCD online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. In ADAMS, search under the ADAMS Accession No. listed in Table 1. If you do not have access to ADAMS or if you have problems accessing documents located in ADAMS, contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 1-301-415-3747, or by email at PDR.Resource@nrc.gov. These documents can also be viewed at the Federal rulemaking Web site, http://www.regulations.gov, by searching for documents filed under Docket ID NRC-2010-0135. Copies of these documents are available for examination and copying at the NRC's PDR located at Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. Copies are also available for examination at the NRC Library located at Two White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852, telephone: 301-415-5610, email: Library.Resource@nrc.gov. All approved material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 1-202-741-6030 or go to http://www.archives.gov/federal-register/cfr/ibrlocations.html.
Table 1-Documents Approved for Incorporation by Reference
| Document No. | Document title | ADAMS Accession No. |
| GE Hitachi: | ||
| 26A6642AB Rev. 10 | ESBWR Design Control Document, Revision 10, Tier 1, dated April 2014 | ML14104A929 (package) |
| 26A6642AB Rev. 10 | ESBWR Design Control Document, Revision 10, Tier 2, dated April 2014 | ML14104A929 (package) |
| Bechtel Power Corporation: | ||
| BC-TOP-3-A | "Tornado and Extreme Wind Design Criteria for Nuclear Power Plants," Topical Report, Revision 3, August 1974 | ML14093A218 |
| BC-TOP-9A | "Design of Structures for Missile Impact," Topical Report, Revision 2, September 1974 | ML14093A217 |
| General Electric: | ||
| GEZ-4982A | General Electric Large Steam Turbine Generator Quality Control Program, The STG Global Supply Chain Quality Management System (MFGGLO-GEZ-0010) Revision 1.2, February 7, 2006 | ML14093A215 |
| GE Nuclear Energy: | ||
| NEDO-11209-04A | "GE Nuclear Energy Quality Assurance Program Description," Class 1, Revision 8, March 31, 1989 | ML14093A209 |
| NEDO-31960-A | "BWR Owners' Group Long-Term Stability Solutions Licensing Methodology," Class I, November 1995 | ML14093A212 |
| NEDO-31960-A-Supplement 1 | "BWR Owners' Group Long-Term Stability Solutions Licensing Methodology," Class I, November 1995 | ML14093A211 |
| NEDO-32465-A | GE Nuclear Energy and BWR Owners' Group, "Reactor Stability Detect and Suppress Solutions Licensing Basis Methodology for Reload Applications," Class I, August 1996 | ML14093A210 |
| GE-Hitachi Nuclear Energy: | ||
| NEDO-33181 | "NP-2010 COL Demonstration Project Quality Assurance Plan," Revision 6, August 2009 | ML14248A297 |
| NEDO-33219 | "ESBWR Human Factors Engineering Functional Requirements Analysis Implementation Plan," Revision 4, Class I, February 2010 | ML100350104 |
| NEDO-33260 | "Quality Assurance Requirements for Suppliers of Equipment and Services to the GEH ESBWR Project," Revision 5, Class I, April 2008 | ML14248A648 |
| NEDO-33262 | "ESBWR Human Factors Engineering Operating Experience Review Implementation Plan," Revision 3, Class I, January 2010 | ML100340030 |
| NEDO-33266 | "ESBWR Human Factors Engineering Staffing and Qualifications Implementation Plan," Revision 3, Class I, January 2010 | ML100350167 |
| NEDO-33267 | "ESBWR Human Factors Engineering Human Reliability Analysis Implementation Plan," Revision 4, Class I, January 2010 | ML100330609 |
| NEDO-33277 | "ESBWR Human Factors Engineering Human Performance Monitoring Implementation Plan," Revision 4, Class I, January 2010 | ML100270770 |
| NEDO-33278 | "ESBWR Human Factors Engineering Design Implementation Plan," Revision 4, Class I, January 2010 | ML100270468 |
| NEDO-33289 | "ESBWR Reliability Assurance Program," Revision 2, Class II, September 2008 | ML14248A662 |
| NEDO-33337 | "ESBWR Initial Core Transient Analyses," Revision 1, Class I, April 2009 | ML091130628 |
| NEDO-33338 | "ESBWR Feedwater Temperature Operating Domain Transient and Accident Analysis," Revision 1, Class I, May 2009 | ML091380173 |
| NEDO-33373-A | "Dynamic, Load-Drop, and Thermal-Hydraulic Analyses for ESBWR Fuel Racks," Revision 5, Class I, October 2010 | ML102990226 (part 1) ML102990228 (part 2) |
| NEDO-33411 | "Risk Significance of Structures, Systems and Components for the Design Phase of the ESBWR," Revision 2, Class I, February 2010 | ML100610417 |
B. An applicant or licensee referencing this appendix, in accordance with Section IV of this appendix, shall incorporate by reference and comply with the requirements of this appendix, including Tier 1, Tier 2 (including the availability controls in Appendix 19ACM of the DCD), and the generic TS except as otherwise provided in this appendix. Conceptual design information in the generic DCD and the evaluation of severe accident mitigation design alternatives in NEDO-33306, Revision 4, "ESBWR Severe Accident Mitigation Design Alternatives," are not part of this appendix.
C. If there is a conflict between Tier 1 and Tier 2 of the DCD, then Tier 1 controls.
D. If there is a conflict between the generic DCD and either the application for design certification of the ESBWR design or NUREG-1966, "Final Safety Evaluation Report Related to Certification of the ESBWR Standard Design," (FSER) and Supplement No. 1 to NUREG-1966, then the generic DCD controls.
E. Design activities for structures, systems, and components that are wholly outside the scope of this appendix may be performed using site characteristics, provided the design activities do not affect the DCD or conflict with the interface requirements.
IV. Additional Requirements and Restrictions
A. An applicant for a COL who references this appendix shall, in addition to complying with the requirements of §§ 52.77 , 52.79 , and 52.80 , comply with the following requirements:
1. Incorporate by reference, as part of its application, this appendix.
2. Include, as part of its application:
a. A plant-specific DCD containing the same type of information and using the same organization and numbering as the generic DCD for the ESBWR design, either by including or incorporating by reference the generic DCD information, and as modified and supplemented by the applicant's exemptions and departures;
b. The reports on departures from and updates to the plant-specific DCD required by paragraph X.B of this appendix;
c. Plant-specific TS, consisting of the generic and site-specific TS that are required by 10 CFR 50.36 and 50.36a ;
d. Information demonstrating that the site characteristics fall within the site parameters and that the interface requirements have been met;
e. Information that addresses the COL action items;
f. Information required by § 52.47(a) that is not within the scope of this appendix;
g. Information demonstrating that hurricane loads on those structures, systems, and components described in Section 3.3.2 of the generic DCD are either bounded by the total tornado loads analyzed in Section 3.3.2 of the generic DCD or will meet applicable NRC requirements with consideration of hurricane loads in excess of the total tornado loads; and hurricane-generated missile loads on those structures, systems, and components described in Section 3.5.2 of the generic DCD are either bounded by tornado-generated missile loads analyzed in Section 3.5.1.4 of the generic DCD or will meet applicable NRC requirements with consideration of hurricane-generated missile loads in excess of the tornado-generated missile loads; and
h. Information demonstrating that the spent fuel pool level instrumentation is designed to allow the connection of an independent power source, and that the instrumentation will maintain its design accuracy following a power interruption or change in power source without requiring recalibration.
3. Include, in the plant-specific DCD, the sensitive, unclassified, non-safeguards information (including proprietary information and security-related information) and safeguards information referenced in the ESBWR generic DCD.
4. Include, as part of its application, a demonstration that an entity other than GE-Hitachi Nuclear Energy is qualified to supply the ESBWR design unless GE-Hitachi Nuclear Energy supplies the design for the applicant's use.
B. The Commission reserves the right to determine in what manner this appendix may be referenced by an applicant for a construction permit or operating license under 10 CFR part 50.
V. Applicable Regulations
A. Except as indicated in paragraph B of this section, the regulations that apply to the ESBWR design are in 10 CFR parts 20 , 50 , 73 , and 100 , codified as of October 6, 2014, that are applicable and technically relevant, as described in the FSER (NUREG-1966) and Supplement No. 1.
B. The ESBWR design is exempt from portions of the following regulations:
1. Paragraph (f)(2)(iv) of 10 CFR 50.34 -Separate Plant Safety Parameter Display Console.
VI. Issue Resolution
A. The Commission has determined that the structures, systems, components, and design features of the ESBWR design comply with the provisions of the Atomic Energy Act of 1954, as amended, and the applicable regulations identified in Section V of this appendix; and therefore, provide adequate protection to the health and safety of the public. A conclusion that a matter is resolved includes the finding that additional or alternative structures, systems, components, design features, design criteria, testing, analyses, acceptance criteria, or justifications are not necessary for the ESBWR design.
B. The Commission considers the following matters resolved within the meaning of § 52.63(a)(5) in subsequent proceedings for issuance of a COL, amendment of a COL, or renewal of a COL, proceedings held under § 52.103 , and enforcement proceedings involving plants referencing this appendix:
1. All nuclear safety issues associated with the information in the FSER and Supplement No. 1; Tier 1, Tier 2 (including referenced information, which the context indicates is intended as requirements, and the availability controls in Appendix 19ACM of the DCD), the 20 documents referenced in Table 1 of paragraph III.A, and the rulemaking record for certification of the ESBWR design, with the exception of: generic TS and other operational requirements such as human factors engineering procedure development and training program development in Sections 18.9 and 18.10 of the generic DCD; hurricane loads on those structures, systems, and components described in Section 3.3.2 of the generic DCD that are not bounded by the total tornado loads analyzed in Section 3.3.2 of the generic DCD; hurricane-generated missile loads on those structures, systems, and components described in Section 3.5.2 of the generic DCD that are not bounded by tornado-generated missile loads analyzed in Section 3.5.1.4 of the generic DCD; and spent fuel pool level instrumentation design in regard to the connection of an independent power source, and how the instrumentation will maintain its design accuracy following a power interruption or change in power source without recalibration;
2. All nuclear safety and safeguards issues associated with the referenced information in the 50 non-public documents in Tables 1.6-1 and 1.6-2 of Tier 2 of the DCD which contain sensitive unclassified non-safeguards information (including proprietary information and security-related information) and safeguards information and which, in context, are intended as requirements in the generic DCD for the ESBWR design, with the exception of human factors engineering procedure development and training program development in Chapters 18.9 and 18.10 of the generic DCD;
3. All generic changes to the DCD under and in compliance with the change processes in paragraphs VIII.A.1 and VIII.B.1 of this appendix;
4. All exemptions from the DCD under and in compliance with the change processes in paragraphs VIII.A.4 and VIII.B.4 of this appendix, but only for that plant;
5. All departures from the DCD that are approved by license amendment, but only for that plant;
6. Except as provided in paragraph VIII.B.5.g of this appendix, all departures from Tier 2 under and in compliance with the change processes in paragraph VIII.B.5 of this appendix that do not require prior NRC approval, but only for that plant;
7. All environmental issues concerning severe accident mitigation design alternatives associated with the information in the NRC's Environmental Assessment for the ESBWR design (ADAMS Accession No. ML111730382) and NEDO-33306, Revision 4, "ESBWR Severe Accident Mitigation Design Alternatives," (ADAMS Accession No. ML102990433) for plants referencing this appendix whose site characteristics fall within those site parameters specified in NEDO-33306.
C. The Commission does not consider operational requirements for an applicant or licensee who references this appendix to be matters resolved within the meaning of § 52.63(a)(5) . The Commission reserves the right to require operational requirements for an applicant or licensee who references this appendix by rule, regulation, order, or license condition.
D. Except under the change processes in Section VIII of this appendix, the Commission may not require an applicant or licensee who references this appendix to:
1. Modify structures, systems, components, or design features as described in the generic DCD;
2. Provide additional or alternative structures, systems, components, or design features not discussed in the generic DCD; or
3. Provide additional or alternative design criteria, testing, analyses, acceptance criteria, or justification for structures, systems, components, or design features discussed in the generic DCD.
E. The NRC will specify at an appropriate time the procedures to be used by an interested person who seeks to review portions of the design certification or references containing safeguards information or sensitive unclassified non-safeguards information (including proprietary information, such as trade secrets and commercial or financial information obtained from a person that are privileged or confidential (10 CFR 2.390 and 10 CFR part 9 ), and security-related information), for the purpose of participating in the hearing required by § 52.85 , the hearing provided under § 52.103 , or in any other proceeding relating to this appendix in which interested persons have a right to request an adjudicatory hearing.
VII. Duration of This Appendix
This appendix may be referenced for a period of 15 years from November 14, 2014, except as provided for in §§ 52.55(b) and 52.57(b) . This appendix remains valid for an applicant or licensee who references this appendix until the application is withdrawn or the license expires, including any period of extended operation under a renewed license.
VIII. Processes for Changes and Departures
A. Tier 1 information
1. Generic changes to Tier 1 information are governed by the requirements in § 52.63(a)(1) .
2. Generic changes to Tier 1 information are applicable to all applicants or licensees who reference this appendix, except those for which the change has been rendered technically irrelevant by action taken under paragraphs A.3 or A.4 of this section.
3. Departures from Tier 1 information that are required by the Commission through plant-specific orders are governed by the requirements in § 52.63(a)(4) .
4. Exemptions from Tier 1 information are governed by the requirements in §§ 52.63(b)(1) and 52.98(f) . The Commission will deny a request for an exemption from Tier 1, if it finds that the design change will result in a significant decrease in the level of safety otherwise provided by the design.
B. Tier 2 information
1. Generic changes to Tier 2 information are governed by the requirements in 10 CFR 52.63(a)(1) .
2. Generic changes to Tier 2 information are applicable to all applicants or licensees who reference this appendix, except those for which the change has been rendered technically irrelevant by action taken under paragraphs B.3, B.4, B.5, or B.6 of this section.
3. The Commission may not require new requirements on Tier 2 information by plant-specific order while this appendix is in effect under 10 CFR 52.55 or 52.61 , unless:
a. A modification is necessary to secure compliance with the Commission's regulations applicable and in effect at the time this appendix was approved, as set forth in Section V of this appendix, or to ensure adequate protection of the public health and safety or the common defense and security; and
b. Special circumstances as defined in 10 CFR 50.12(a) are present.
4. An applicant or licensee who references this appendix may request an exemption from Tier 2 information. The Commission may grant such a request only if it determines that the exemption will comply with the requirements of 10 CFR 50.12(a) . The Commission will deny a request for an exemption from Tier 2, if it finds that the design change will result in a significant decrease in the level of safety otherwise provided by the design. The grant of an exemption to an applicant must be subject to litigation in the same manner as other issues material to the license hearing. The grant of an exemption to a licensee must be subject to an opportunity for a hearing in the same manner as license amendments.
5.
a. An applicant or licensee who references this appendix may depart from Tier 2 information, without prior NRC approval, unless the proposed departure involves a change to or departure from Tier 1 information, Tier 2* information, or the TS, or requires a license amendment under paragraph B.5.b or B.5.c of this section. When evaluating the proposed departure, an applicant or licensee shall consider all matters described in the plant-specific DCD.
b. A proposed departure from Tier 2, other than one affecting resolution of a severe accident issue identified in the plant-specific DCD or one affecting information required by § 52.47(a)(28) to address aircraft impacts, requires a license amendment if it would:
(1) Result in more than a minimal increase in the frequency of occurrence of an accident previously evaluated in the plant-specific DCD;
(2) Result in more than a minimal increase in the likelihood of occurrence of a malfunction of a structure, system, or component (SSC) important to safety and previously evaluated in the plant-specific DCD;
(3) Result in more than a minimal increase in the consequences of an accident previously evaluated in the plant-specific DCD;
(4) Result in more than a minimal increase in the consequences of a malfunction of an SSC important to safety previously evaluated in the plant-specific DCD;
(5) Create a possibility for an accident of a different type than any evaluated previously in the plant-specific DCD;
(6) Create a possibility for a malfunction of an SSC important to safety with a different result than any evaluated previously in the plant-specific DCD;
(7) Result in a design-basis limit for a fission product barrier as described in the plant-specific DCD being exceeded or altered; or
(8) Result in a departure from a method of evaluation described in the plant-specific DCD used in establishing the design bases or in the safety analyses.
c. A proposed departure from Tier 2 affecting resolution of an ex-vessel severe accident design feature identified in the plant-specific DCD, requires a license amendment if:
(1) There is a substantial increase in the probability of an ex-vessel severe accident such that a particular ex-vessel severe accident previously reviewed and determined to be not credible could become credible; or
(2) There is a substantial increase in the consequences to the public of a particular ex-vessel severe accident previously reviewed.
d. A proposed departure from Tier 2 information required by § 52.47(a)(28) to address aircraft impacts shall consider the effect of the changed design feature or functional capability on the original aircraft impact assessment required by 10 CFR 50.150(a) . The applicant or licensee shall describe in the plant-specific DCD how the modified design features and functional capabilities continue to meet the aircraft impact assessment requirements in 10 CFR 50.150(a)(1) .
e. If a departure requires a license amendment under paragraph B.5.b or B.5.c of this section, it is governed by 10 CFR 50.90 .
f. A departure from Tier 2 information that is made under paragraph B.5 of this section does not require an exemption from this appendix.
g. A party to an adjudicatory proceeding for either the issuance, amendment, or renewal of a license or for operation under § 52.103(a) , who believes that an applicant or licensee who references this appendix has not complied with paragraph VIII.B.5 of this appendix when departing from Tier 2 information, may petition to admit into the proceeding such a contention. In addition to compliance with the general requirements of 10 CFR 2.309 , the petition must demonstrate that the departure does not comply with paragraph VIII.B.5 of this appendix. Further, the petition must demonstrate that the change bears on an asserted noncompliance with an ITAAC acceptance criterion in the case of a § 52.103 preoperational hearing, or that the change bears directly on the amendment request in the case of a hearing on a license amendment. Any other party may file a response. If, on the basis of the petition and any response, the presiding officer determines that a sufficient showing has been made, the presiding officer shall certify the matter directly to the Commission for determination of the admissibility of the contention. The Commission may admit such a contention if it determines the petition raises a genuine issue of material fact regarding compliance with paragraph VIII.B.5 of this appendix.
6.
a. An applicant who references this appendix may not depart from Tier 2* information, which is designated with italicized text or brackets and an asterisk in the generic DCD, without NRC approval. The departure will not be considered a resolved issue, within the meaning of Section VI of this appendix and § 52.63(a)(5) .
b. A licensee who references this appendix may not depart from the following Tier 2* matters without prior NRC approval. A request for a departure will be treated as a request for a license amendment under 10 CFR 50.90 .
(1) Fuel mechanical and thermal-mechanical design evaluation reports, including fuel burnup limits.
(2) Control rod mechanical and nuclear design reports.
(3) Fuel nuclear design report.
(4) Critical power correlation.
(5) Fuel licensing acceptance criteria.
(6) Control rod licensing acceptance criteria.
(7) Mechanical and structural design of spent fuel storage racks.
(8) Steam dryer pressure load analysis methodology.
c. A licensee who references this appendix may not, before the plant first achieves full power following the finding required by § 52.103(g) , depart from the following Tier 2* matters except under paragraph B.6.b of this section. After the plant first achieves full power, the following Tier 2* matters revert to Tier 2 status and are subject to the departure provisions in paragraph B.5 of this section.
(1) ASME Boiler and Pressure Vessel Code, Section III, Subsections NE (Division 1) and CC (Division 2) for containment vessel design.
(2) American Concrete Institute 349 and American National Standards Institute/American Institute of Steel Construction-N690.
(3) Power-operated valves.
(4) Equipment seismic qualification methods.
(5) Piping design acceptance criteria.
(6) Instrument setpoint methodology.
(7) Safety-Related Distribution Control and Information System performance specification and architecture.
(8) Safety System Logic and Control hardware and software.
(9) Human factors engineering design and implementation.
(10) First of a kind testing for reactor stability (first plant only).
(11) Reactor precritical heatup with reactor water cleanup/shutdown cooling (first plant only).
(12) Isolation condenser system heatup and steady state operation (first plant only).
(13) Power maneuvering in the feedwater temperature operating domain (first plant only).
(14) Load maneuvering capability (first plant only).
(15) Defense-in-depth stability solution evaluation test (first plant only).
d. Departures from Tier 2* information that are made under paragraph B.6 of this section do not require an exemption from this appendix.
C. Operational requirements.
1. Generic changes to generic TS and other operational requirements that were completely reviewed and approved in the design certification rulemaking and do not require a change to a design feature in the generic DCD are governed by the requirements in 10 CFR 50.109 . Generic changes that require a change to a design feature in the generic DCD are governed by the requirements in paragraphs A or B of this section.
2. Generic changes to generic TS and other operational requirements are applicable to all applicants who reference this appendix, except those for which the change has been rendered technically irrelevant by action taken under paragraphs C.3 or C.4 of this section.
3. The Commission may require plant-specific departures on generic TS and other operational requirements that were completely reviewed and approved, provided a change to a design feature in the generic DCD is not required and special circumstances as defined in 10 CFR 2.335 are present. The Commission may modify or supplement generic TS and other operational requirements that were not completely reviewed and approved or require additional TS and other operational requirements on a plant-specific basis, provided a change to a design feature in the generic DCD is not required.
4. An applicant who references this appendix may request an exemption from the generic TS or other operational requirements. The Commission may grant such a request only if it determines that the exemption will comply with the requirements of § 52.7 . The grant of an exemption must be subject to litigation in the same manner as other issues material to the license hearing.
5. A party to an adjudicatory proceeding for the issuance, amendment, or renewal of a license, or for operation under § 52.103(a) , who believes that an operational requirement approved in the DCD or a TS derived from the generic TS must be changed may petition to admit such a contention into the proceeding. The petition must comply with the general requirements of 10 CFR 2.309 and must demonstrate why special circumstances as defined in 10 CFR 2.335 are present, or demonstrate compliance with the Commission's regulations in effect at the time this appendix was approved, as set forth in Section V of this appendix. Any other party may file a response to the petition. If, on the basis of the petition and any response, the presiding officer determines that a sufficient showing has been made, the presiding officer shall certify the matter directly to the Commission for determination of the admissibility of the contention. All other issues with respect to the plant-specific TS or other operational requirements are subject to a hearing as part of the license proceeding.
6. After issuance of a license, the generic TS have no further effect on the plant-specific TS. Changes to the plant-specific TS will be treated as license amendments under 10 CFR 50.90 .
IX. [Reserved]
X. Records and Reporting
A. Records
1. The applicant for this appendix shall maintain a copy of the generic DCD that includes all generic changes it makes to Tier 1 and Tier 2, and the generic TS and other operational requirements. The applicant shall maintain the sensitive unclassified non-safeguards information (including proprietary information and security-related information) and safeguards information referenced in the generic DCD for the period that this appendix may be referenced, as specified in Section VII of this appendix.
2. An applicant or licensee who references this appendix shall maintain the plant-specific DCD to accurately reflect both generic changes to the generic DCD and plant-specific departures made under Section VIII of this appendix throughout the period of application and for the term of the license (including any period of renewal).
3. An applicant or licensee who references this appendix shall prepare and maintain written evaluations that provide the bases for the determinations required by Section VIII of this appendix. These evaluations must be retained throughout the period of application and for the term of the license (including any period of renewal).
4.
a. The applicant for the ESBWR design shall maintain a copy of the aircraft impact assessment performed to comply with the requirements of 10 CFR 50.150(a) for the term of the certification (including any period of renewal).
b. An applicant or licensee who references this appendix shall maintain a copy of the aircraft impact assessment performed to comply with the requirements of 10 CFR 50.150(a) throughout the pendency of the application and for the term of the license (including any period of renewal).
B. Reporting
1. An applicant or licensee who references this appendix shall submit a report to the NRC containing a brief description of any plant-specific departures from the DCD, including a summary of the evaluation of each. This report must be filed in accordance with the filing requirements applicable to reports in § 52.3 .
2. An applicant or licensee who references this appendix shall submit updates to its plant-specific DCD that reflect the generic changes to and plant-specific departures from the generic DCD made under Section VIII of this appendix. These updates shall be filed under the filing requirements applicable to final safety analysis report updates in 10 CFR 52.3 and 50.71(e) .
3. The reports and updates required by paragraphs X.B.1 and X.B.2 of this appendix must be submitted as follows:
a. On the date that an application for a license referencing this appendix is submitted, the application must include the report and any updates to the generic DCD.
b. During the interval from the date of application for a license to the date the Commission makes its finding required by § 52.103(g) , the report must be submitted semi-annually. Updates to the plant-specific DCD must be submitted annually and may be submitted along with amendments to the application.
c. After the Commission makes the finding required by § 52.103(g) , the reports and updates to the plant-specific DCD must be submitted, along with updates to the site-specific portion of the final safety analysis report for the facility, at the intervals required by 10 CFR 50.59(d)(2) and 50.71(e)(4) , respectively, or at shorter intervals as specified in the license.
10 C.F.R. 52 app E to Part 52