The Part 53 proposed rule appeared in the Federal Register on October 31, 2024, under the lengthy title “Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors.” The NRC has been working on the rule for five years, since the Nuclear Energy Innovation and Modernization Act (NEIMA) was signed into law in 2019, calling for a broader approach to nuclear licensing.
The meetings on January 8 and 9 will be a continuation of the discussions held in November, with one new area of discussion looking at testing of manufactured reactors within a factory setting.
A closer look: Draft regulatory analysis by the NRC shows that the potential cost reductions to the industry and the agency with just one applicant using the new rule codified in 10 CFR Part 53 could range from $53.6 million to $68.2 million.
However, it remains to be seen if reactor developers will opt for the provisions in a new and untested licensing framework over the known limitations of Part 50 and the newer Part 52 (which permitted applicants to apply for combined construction and operating licenses, design certification, and early site permits).
Pending agency approval, NRC staff expect to provide the final rule package, including key guidance, to the commission in 2025, and issue the final rule no later than the end of 2027, as required by NEIMA.
What’s next: NRC staff posted a white paper intended to facilitate discussion related to whether the testing of fueled manufactured reactors in a manufacturing facility should be included in the Part 53 final rule. The proposed rule can be reviewed here.
Comments are being accepted through December 30 at regulations.gov, with a search for Docket ID NRC-2019-0062, or may be emailed to Rulemaking.Comments@nrc.gov.
Attend the informational meetings virtually on January 8–9, 2025, by following teleconference and webinar instructions here. Additional topics can be suggested by emailing NRC rulemaking project manager Nicole Fields no later than December 31.