Theory to Practice: The Realities of New Reactor Licensing Application Docketing and Review

Abstract

The first Combined Construction and Operating License (“COL”) applications for new reactors have been submitted to the United States Nuclear Regulatory Commission (“NRC”), and more are expected soon. Preparation of these applications began several years ago based on new regulations in 10 C.F.R. Part 52 (“Part 52”) that are intended to ensure a predictable regulatory environment for new reactor licensing. Indeed, many analysts have opined that the financial viability of new nuclear construction depends largely on reducing economic and regulatory risk associated with the licensing process. In Part 52, the NRC created a new, three-part licensing framework for issuance of Design Certifications (“DC”), Early Site Permits (“ESP”), and Combined Construction and Operating Licenses (“COL”). Applicants are provided the flexibility to build pre-approved designs (DC), on pre-approved sites (ESP), without the need to re-visit issues already decided in earlier proceedings, thereby streamlining issuance of COLs. Thus, Part 52 holds the promise of a more efficient and predictable regulatory licensing process. The promised efficiencies of Part 52, however, are being tested as the NRC begins to review more DC, ESP, and COL applications. Putting new regulatory concepts into practice is always a challenge, and Part 52 is no exception. Thus, it is important to understand the evolving NRC expectations that are beginning to be revealed — expectations that must be understood to successfully license new reactors in the United States. This paper explores the developing implementation of Part 52, discusses how that development is being shaped by current regulatory and engineering realities, and considers the practical impact that these developments will have on engineers designing and constructing new nuclear units in the United States.

Regulatory and Licensing Strategy for Microreactor Technology

“…In some cases, applicants have abandoned the application completely due to the foreseen financial strain. [20]…”

“…This process combines the CP and OL application steps (Parts 1 and 2 of 10 CFR 50) to streamline the licensing process and ensure a more predictable regulatory environment for new reactor licensing. [20] It shortens the licensing and construction period to between nine and ten years, instead of up to 23 years, allows for early resolution of safety and environmental issues, and removes regulatory barriers before applicants invest in resources for the project, thereby reducing project risk. [20] [21] The combined construction and operating licensing (COL) process allows the applicant to partake in an optional pre-application review and attain both an early site permit (ESP) and a design certification (DC) prior to applying for the COL.…”

“…The ESP is valid for 20 years and gives the applicant the ability to build on pre-approved reactor sites. [20] This permit addresses plans for coping with emergencies, site safety, and environmental protection issues. [21] The DC is valid for 15 years and gives the applicant the ability to certify pre-approved plant designs.…”