The NRC staff recently publicly released a major new paper embracing regulatory reform to advance risk-informed regulation for advanced reactors.  Included in this paper is a concept of a “10 CFR Part 53”—a potentially entirely new process for licensing advanced reactors.

SECY-18-0060, “Achieving Modern Risk-Informed Regulation,” proposes “several significant and specific revisions” to the NRC regulatory framework.  The staff introduced these proposals by first discussing the results from an outreach program, which found a “need for systematic and expanded use of risk and safety insights in decisionmaking.”  The review team also found recommendations for a more open and efficient decisionmaking process for licensing new technologies.  Of significance, the NRC staff explained in this paper that some of its proposals, reflecting feedback from its outreach, will require cultural change at the NRC—in fact, that “[a] shift in NRC culture will be key to the success of the transformation initiative.”

The paper then builds from this, to discuss ways to “transform” the NRC’s licensing process.  The first part of this discussion focuses on changes that can be made through guidance, in particular to adopt “approaches that use qualitative and quantitative safety and risk insights to scale the level of review needed to make a finding of reasonable assurance.”  As part of this initial reform, the NRC staff discusses use of “(1) expert panels to guide reviews of incoming submittals for new technologies and major licensing actions; (2) internal small groups of NRC staff and management to guide the licensing process (called ‘guiding coalitions’); and (3) ‘tiger teams’ consisting of small groups of NRC staff who are empowered to identify alternative solutions to resolve licensing challenges, without being unnecessarily constrained by current processes or past practice.”

However, then the NRC staff paper moves on to discuss much more significant regulatory reform—to essentially create a new licensing path for advanced reactors that focuses on “meeting high-level risk-informed, performance-based criteria.”  Enclosure 5 to the paper, which lays out “Additional Detail on Areas of Transformation,” delves into more detail, and also advocates for a “10 CFR Part 53” licensing process: “[A] new optional framework [that] would provide greater applicability for non-LWR applicants and minimize the need for exemptions.”  Although recognizing the challenges with a new rulemaking, the paper advocates for the approach and notes that “[t]he timing for a new rule is ideal right now, in that it will signal to the rising non-LWR community and other stakeholders that the NRC is committed to reviewing and licensing new reactor technology in a timely manner and in a way that relates directly to tomorrow’s technology.”

SECY-18-0060 represents the product of a great deal of work and research by the NRC staff, and promises significant, if not fundamental, reforms to the NRC’s licensing process at this critical juncture for the “New Nuclear” economy.  Expect to see significantly more analysis and attention to this effort as it moves forward.  For more information on the NRC’s regulatory reform initiative, please contact the authors.