The Nuclear Regulatory Commission has finalized the rule to create a more uniform regulatory pathway for commercializing Department of Energy and Pentagon-approved reactor designs.
Originally proposed in April, the final rule is designed to allow NRC to leverage other agencies’ data and information regarding the reactor designs in its own regulatory review process. The rule amends Title 10 Code of Federal Regulations Parts 50 and 53 to establish a third expedited pathway, according to NRC’s Oct. 22 press release.
NRC Chair Ho Nieh told the Exchange Monitor and other reporters during an Oct. 22 media roundtable this setup would have a review timeframe of 12 to 18 months depending on if the technology is first of a kind or previously used. The final rule will take effect in 30 days from when a Federal Register notice is released to the public. The notice should come out sometime this week, NRC said.
Nieh told reporters during the roundtable this new pathway is not a shortcut or compromise and NRC will not change its safety standards for the new streamlined process. The agency is trying to take a different approach to reducing the regulatory workload and not duplicate efforts in its review process.
“We don’t have to reinvent or redo analyses that have already been looked at before in other processes,” Nieh said. “So we can look at that information. Confirm that NRC requirements are met, and then we can continue our review. Our goal is not to repeat things that we’re confident that meet NRC requirements in a review.”
There are several differences in DOE and the Pentagon’s authorization process compared to NRC’s that will likely require more of a stringent review, Nieh said. DOE plays its role as being the promoter of advanced nuclear technologies, so its authorization process is geared towards developing and maturing the technology, while NRC ensures the technologies are safe for commercial use, Nieh said.
This is the first prominent rulemaking ordered by Executive Order 14300 that has been finalized, according to the release.
