2024 Final Supporting Statement New Reactor Applications_lxa1edit9-27-24 (1) Revisions

FINAL SUPPORTING STATEMENT

FOR

VOLUNTARY REPORTING OF PLANNED

NEW REACTOR APPLICATIONS

(3150-0228)

REVISION

Description of the Information Collection

This voluntary information collection assists the Nuclear Regulatory Commission (NRC) in determining resource and budget needs with respect to future construction-related activities, anticipated licensing and design certification rulemaking actions under Title 10 of the Code of Federal Regulations (10 CFR) Part 50, “Domestic Licensing of Production and Utilization Facilities.” and/or 10 CFR Part 52 “Licenses, Certifications, and Approvals for Nuclear Power Plants.”, and other regulatory and pre-application activities for large light water reactors (LWRs), light water cooled small modular reactors (SMRs), non-LWRs, and nonpower production and utilization facilities. This information collection facilitates more effective and efficient planning, scheduling, and allocation of NRC resources so that activities and reviews for both applicants and licensees are implemented and conducted in a manner that is altogether timely, consistent, and respective of scope, schedule, and budget constraints.

Triennially the NRC issues a Regulatory Issue Summary (RIS) requesting potential respondents submit the needed information. The RIS provides guidance on how potential respondents can provide the requested information. The information requested in the RIS is intended to promote early communications between the NRC and addressees about potential 10 CFR Part 50 and/or Part 52 licensing actions and related activities, submission dates, and plans for construction and inspection activities prior to the pre-application process (information collections covered under approved OMB Clearances 3150-0011 and 3150-0151) that includes the submission of plans and schedules, which may include preliminary design information and a regulatory engagement plan (REP). The REP defines desired outcomes from various interactions between the designer and the NRC, considering factors such as the resources available to the designer and the NRC and the coordination of regulatory issues with other aspects of the overall program for developing and deploying LWR, SMR, and non-LWR designs, or nonpower production and utilization facilities.

1. JUSTIFICATION

1. Need For and Practical Utility of the Collection of Information¹

The NRC is developing pre-application, licensing, and project plans for all new reactor licensing and design certification applications, to include those applications and activities relating to the advanced reactor program. The status of a variety of design-related activities for both large LWR and SMRs are factored into this justification. To support this resource and budget planning effort, the NRC is seeking voluntary responses from all holders of, applicants for, or potential applicants for a construction permit (CP) or limited work authorization (LWA) for a power reactor or nonpower production and utilization facility, or applicants or potential applicants for an operating license (OL) for a power reactor or nonpower production and utilization facility under 10 CFR Part 50 and all holders of, applicants for, or potential applicants for an early site permit (ESP), standard design certification (DC), standard design approval (SDA), or manufacturing license (ML), or applicants or potential applicants for a combined license (COL) under 10 CFR Part 52.

This voluntary collection applies to new and/or updated information on schedules for submitting a CP, ESP, an amendment to, or transfer of, an ESP, an OL, a COL, a DC, amendments to a DC, a DC renewal, LWA, SDA, and ML applications. In addition, NRC staff is seeking notification on the number of type of pre-application activities applicants expect to submit or construction activities holders expect to conduct in fiscal years (FYs) 2026 through 2028. The information collected helps facilitate more effective and efficient planning, scheduling, and allocation of NRC resources so that activities and reviews for both applicants and licensees are implemented and conducted in a manner that is altogether timely, consistent, and respective of scope, schedule, and budget constraints.

2. Agency Use of Information

This information assists the NRC in determining resource requirements, aids in optimizing resource allocations, as well as informing future budget needs with respect to the aforementioned submittals, future construction-related activities, and other anticipated 10 CFR Part 50 and/or Part 52 licensing and design certification rulemaking actions. As well, this information is intended to promote early communications between the NRC and addressees about potential 10 CFR Part 50 and/or Part 52 licensing actions and related activities, submission dates, and plans for construction and inspection activities. It is also the intended goal of these communications to assist NRC staff more effectively and efficiently plan, schedule, coordinate, and implement, activities and complete reviews in a timely manner.

3. Reduction of Burden Through Information Technology

There are no legal obstacles to reducing the burden associated with this information collection. The NRC encourages respondents to use information technology when it would be beneficial to them. The NRC has issued Guidance for Electronic Submissions to the NRC which provides direction for the electronic transmission and submittal of documents to the NRC. Electronic transmission and submittal of documents can be accomplished via the following avenues: the Electronic Information Exchange (EIE) process, which is available from the NRC's “Electronic Submittals” Web page, the Mission Analytics Portal when available,

by Optical Storage Media (OSM) (e.g. CD-ROM, DVD), or by e-mail. It is estimated that approximately 100% of the potential responses are filed electronically.

4. Effort to Identify Duplication and Use Similar Information

This RIS represents one of several means that facilitates the collection of the requested information. Respondents can provide the information during pre-application activities whose burden is captured within OMB Clearance Numbers 3150-0011 and 3150-0151. Methods used by respondents during pre-application include drop-in meetings and regulatory engagement plans. These methods are purely discretionary and are employed by respondents that desire to provide more information than is requested in the RIS. This RIS provides an additional avenue for respondents to provide the requested information.

5. Effort to Reduce Small Business Burden

Not Applicable.

6. Consequences to Federal Program or Policy Activities if the Collection Is Not Conducted or Is Conducted Less Frequently

Applicants, licensees, and potential applicants report this information on a strictly voluntary basis. This information, in turn, aids NRC staff in determining resource and budget needs to support various activities and reviews so that NRC staff is able to maximize and best utilize existing budget and staff resources as well as plan effectively for future resource and budget needs, coordinate activities, and facilitate more efficient reviews.

If such information is not collected, the potential to assess the need for various resources and support capabilities, as well as enable NRC staff to efficiently and effectively plan and prepare budgets, align resources, remedy potential skill gaps, and prepare for incoming review and inspection activities, can be significantly impeded. This has the potential to result in significant program and project scope creep, schedule slip, and budget overruns that adversely affect the mission readiness of NRC staff as well as the objectives of potential new applicants, current applicants, and current licensees.

7. Circumstances Which Justify Variation from OMB Guidelines

Not Applicable.

8. Consultations Outside the NRC

Opportunity for public comment on the information collection requirements for this clearance package was published in the Federal Register on July 22, 2024 (89 FR 59171). Additionally, NRC staff contacted five stakeholders via email. The stakeholders were operating reactor owner/operator licensee’s and industry representatives from Constellation Energy, Dominion Energy, Exelon Generation Co., LLC, Southern Nuclear Operating Co., and Westinghouse.

Staff received the following comments from S. Monarque, Chambersburg, PA. No additional responses were received because of the FRN or the staff’s direct solicitation for comments:

Comment:

I support this request for information as it provides the agency with necessary data to allocate budget and personnel to review the new reactor applications.

Staff Response:

Agree

9. Payment or Gift to Respondents

Not Applicable.

10. Confidentiality of Information

Confidential and proprietary information is protected in accordance with NRC regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b).

11. Justification for Sensitive Questions

No sensitive information is requested.

12. Estimated Burden and Burden Hour Cost

The NRC staff estimates that both applicants and licensees will submit approximately 20 responses (7 new responses + 3 updated responses + 5 Regulatory Engagement Plans + 5 declarations of anticipated applications = 20 responses) to this annual voluntary information collection, and that each new or updated submittal will require approximately 60 hours on average to prepare and submit except for REPs, which on average will require 160 hours.

To ensure that the NRC can effectively schedule resources and facilitate the achievement of an acceptance review of an application in 60 calendar days, the NRC staff requests that, 90 days before the expected submission date, an applicant, licensee, or potential applicant (as applicable) declare the expected submission date (month, day, and year) and estimate the degree of complexity of each of its submittals to the NRC, to the extent practicable. The NRC staff estimates the burden to prepare and submit these declarations would be approximately 1 hour per response for a total of 5 hours for this clearance cycle (5 new declarations x 1 hr = 5 hours).

The total triennial licensee and applicant burden for this voluntary information collection is (7 new responses x 60 hrs = 420 hrs; 3 updated responses x 60 hrs =180hrs; 5 REP X 160 hrs = 800 hrs; 5 declaration letters x 1 hr = 5) = 1,405 hours, see Table 1, at a cost of $421,500 (1,405 hours x $300/hr.).

There are no recordkeeping requirements imposed on these submissions.

The $300 hourly rate used in the burden estimates is based on the Nuclear Regulatory Commission’s fee for hourly rates as noted in 10 CFR 170.20 “Average cost per professional staff-hour.” For more information on the basis of this rate, see the Revision of Fee Schedules, Fee Recovery for Fiscal Year 2023 (88 FR 39120, June 15, 2023).

13. Estimate of Other Additional Costs

There are no additional costs.

14. Estimated Triennial Cost to the Federal Government

The annual cost to the NRC including staff hours and contractual support:

Staff hours = 60 hours per year @ $300/hr = $18,000

Contractual Support = $0 per year

TOTAL COST = $18,000

15. Reasons for Change in Burden or Cost

There has been an increase in the cost of the hourly rate from $279/hr. to $300/hr. for this cycle.

The RIS is targeting a wider audience from previous versions of this RIS. The addresses are all holders of, applicants for, or potential applicants for a CP or LWA for a power reactor or nonpower production and utilization facility, or applicants or potential applicants for an OL for a power reactor or nonpower production and utilization facility under Title 10 of the Code of Federal Regulations (10 CFR) Part 50, “Domestic Licensing of Production and Utilization Facilities.” All holders of, applicants for, or potential applicants for an ESP, standard DC, SDA, or ML, or applicants or potential applicants for a COL under 10 CFR Part 52, “Licenses, Certifications, and Approvals for Nuclear Power Plants.” The purpose of the wider audience is to ensure all applicants and potential applicants are able to inform the NRC of potential applications or regulatory engagements.

External programs are contributing to the progression of advanced reactor designs, causing an influx of applications during this clearance cycle.  Due to these programs, ongoing robust pre-application engagements (i.e., topical report reviews), responses to Regulatory Information Summary’s (RIS), Regulatory Engagement Plans (REPs), and meetings, discussions and continuous contact with prospective stakeholders, the agency is expected to receive applications for, CP, ESP, SDAs and certifications, MLs, COLs, for commercial nuclear power reactors, as well as OLs related to the licensing processes that apply to LWR and non-light water reactors (NLWR). The effects of these projected applications are as follows:

The total burden this cycle increased from 610 to 1405 hours, an increase of 795 hours. Additionally, the number of respondents has increased from 10 in the previous cycle to 20 with the anticipated submission of regulatory engagement plans.

The NRC would like to obtain information related to technical and licensing process and anticipated schedules related to an applicant submission. The purpose of this is to ensure the NRC is able to budget and allocate appropriate resources for the anticipated applications. In addition to answering the RIS questions, applications or potential applicants may submit a Regulatory Engagement Plan to inform the NRC of their intent to submit an application and/or engage in preapplication activities.

16. Publication for Statistical Use

This information is not published for statistical use.

17. Reason for Not Displaying the Expiration Date

The expiration date will be displayed.

18. Exceptions to the Certification Statement

None.

2. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

Statistical methods are not used in this collection of information.

TABLE 1

TRIENNIAL REPORTING BURDEN (Voluntary)

Section	No. Of Respondents	Responses per Respondent	Total No. of Responses	Burden Hours per Response	Total Triennial Reporting Burden (Hrs)
Voluntary Response to Annual Regulatory Issue Summary request for information – New Submissions	7	1	7	60	420
Voluntary Response to Annual Regulatory Issue Summary request for information – Updated Submissions	3	1	3	60	180
Voluntary Response to Annual Regulatory Issue Summary request for information – Regulatory Engagement Plan	5	1	5	160	800
90-Day Declaration Letter Submissions	5	1	5	1	5
Total	20		20		1,405

TOTAL BURDEN HOURS: 1405 hours (1405 hours reporting + 0 hours third party notification + 0 hours recordkeeping)

TOTAL BURDEN HOUR COST: $421,500 (1,405 hrs x $300/hr)

TRIENNIAL RESPONDENTS: 20 respondents

RESPONSES: 20 responses (10 RIS responses + 5 declaration letters + 5 Regulatory Engagement Plans +0 third party responses + 0 record keepers)

1 AEA sec. 161c., which authorizes the Commission to “make such studies and investigations, obtain such information, and hold such meetings or hearings as the Commission may deem necessary or proper to assist it in exercising any authority provided in this Act, or in the administration or enforcement of this Act, or any regulations or orders issued thereunder.”

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