Home/Federal/Federal Register/2026-21030

Rule2026-21030

AP1000 Design Certification Renewal

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published

October 14, 2026

Effective

December 28, 2026

Issuing agencies

Nuclear Regulatory Commission

Abstract

The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to renew the AP1000 design certification and incorporate Revision 20 of the AP1000 design control document. The purpose of this rulemaking action is to update the AP1000 design to be consistent with changes made to the design during the licensing, construction, and operation of Vogtle Electric Generating Plant, Units 3 and 4. This rulemaking incorporates AP1000 design control document Revision 20, which includes updates made to the AP1000 design to represent a current, construction-validated design. The NRC is also issuing an environmental assessment supporting this rule.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 197 (Wednesday, October 14, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 197 (Wednesday, October 14, 2026)]
[Rules and Regulations]
[Pages 65091-65100]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21030]

=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Part 52

[NRC-2026-2377]
RIN 3150-AL70

AP1000 Design Certification Renewal

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule and issuance of environmental assessment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to renew the AP1000 design certification and incorporate
Revision 20 of the AP1000 design control document. The purpose of this
rulemaking action is to update the AP1000 design to be consistent with
changes made to the design during the licensing, construction, and
operation of Vogtle Electric Generating Plant, Units 3 and 4. This
rulemaking incorporates AP1000 design control document Revision 20,
which includes updates made to the AP1000 design to represent a
current, construction-validated design. The NRC is also issuing an
environmental assessment supporting this rule.

DATES: The final rule is effective December 28, 2026, unless
significant adverse comments are received by November 13, 2026. If the
direct final rule is withdrawn as a result of such comments, timely
notice of the withdrawal will be published in the Federal Register.
(For more on NRC's consideration of comments received, see
SUPPLEMENTARY INFORMATION.)
The incorporation by reference of certain publications listed in
this regulation is approved by the Director of the Office of the
Federal Register as of December 28, 2026.

ADDRESSES: Submit your comments, identified by Docket ID NRC-2026-2377,
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. If your material cannot be submitted
using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the individual listed
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
Do not include any personally identifiable information (such as
name, address, or other contact information) or confidential business
information that you do not want publicly disclosed. All comments are
public records; they are publicly displayed exactly as received, and
will not be deleted, modified, or redacted. Comments may be submitted
anonymously.
Follow the search instructions on <a href="https://www.regulations.gov">https://www.regulations.gov</a> to
view

[[Page 65092]]

public comments. You can read a plain language description of this
direct final rule at <a href="https://www.regulations.gov/docket/NRC-2026-2377">https://www.regulations.gov/docket/NRC-2026-2377</a>.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jason Carneal, Office of the Chief
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1451, email: <a href="/cdn-cgi/l/email-protection#bdf7dcced2d393fedccfd3d8dcd1fdd3cfde93dad2cb">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Obtaining Information, Submitting Comments, and Consideration of
Comments
II. Rulemaking Procedure
III. Background
IV. Discussion
V. Section-by-Section Analysis
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Plain Writing
X. National Environmental Policy Act: Environmental Assessment and
Final Finding of No Significant Impact
XI. Paperwork Reduction Act
XII. Executive Orders
XIII. Congressional Review Act
XIV. Compatibility of Agreement State Regulations
XV. Voluntary Consensus Standards
XVI. Availability of Documents
XVII. Procedures for Access to Proprietary and Security-Related
Information for Preparation of Comments on the Direct Final Rule
XVIII. Incorporation by Reference--Reasonable Availability to
Interested Parties

I. Obtaining Information, Submitting Comments, and Consideration of
Comments

A. Obtaining Information

Please refer to Docket ID NRC-2026-2377 when contacting the NRC
about the availability of information for this action. You may obtain
publicly available information related to this action by any of the
following methods:
<bullet> Federal Rulemaking website: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for Docket ID NRC-2026-2377.
<bullet> NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at <a href="https://www.nrc.gov/reading-rm/adams.html">https://www.nrc.gov/reading-rm/adams.html</a>. To begin the search, select ``Begin ADAMS Public Search.''
For problems with ADAMS, please contact the NRC's Public Document Room
(PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to
<a href="/cdn-cgi/l/email-protection#017165732f7364726e74736264416f73622f666e77">[email&#160;protected]</a>. For the convenience of the reader, instructions
about obtaining materials referenced in this document are provided in
the ``Availability of Documents'' section.
<bullet> NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="98c8dccab6cafdebf7edeafbfdd8f6eafbb6fff7ee">[email&#160;protected]</a> or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.

B. Submitting Comments

The NRC encourages electronic comment submission through the
Federal Rulemaking website (<a href="https://www.regulations.gov">https://www.regulations.gov</a>). Please
include Docket ID NRC-2026-2377 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.

C. Consideration of Comments

Comments received on this direct final rule will also be considered
to be comments on a companion proposed rule published in the Proposed
Rules section of this issue of the Federal Register.

II. Rulemaking Procedure

Because the NRC considers this action to be non-controversial, the
NRC is using the ``direct final rule procedure'' for this rule. This
amendment is effective on December 28, 2026. However, if the NRC
receives significant adverse comments on this direct final rule by
November 13, 2026, then the NRC will publish a document that withdraws
this action and will address the comments received in a subsequent
final rule as a response to the companion proposed rule published in
the Proposed Rules section of this issue of the Federal Register.
Absent significant modifications to the proposed revisions requiring
republication, the NRC will not initiate a second comment period on
this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC to reevaluate (or reconsider) its
position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC to make a change (other than
editorial) to the rule.
For detailed instructions on filing comments, please see the
ADDRESSES section of this document.

III. Background

The NRC originally approved the AP1000 design certification in a
final rule published on January 27, 2006 (71 FR 4464). On December 30,
2011 (76 FR 82079), the NRC published a final rule amending appendix D,
``Design Certification Rule for the AP1000 Design,'' to part 52,
``Licenses, Certifications, and Approvals for Nuclear Power Plants,''
of title 10 of the Code of Federal Regulations (10 CFR) to incorporate
AP1000 Design Control Document (DCD), Revision 19, APP-GW-GL-702, dated
June 13, 2011. On September 22, 2021 (86 FR 52593), the NRC published a
direct final rule extending the duration of the AP1000 design
certification by five years, with an effective date of December 6,
2021.
On July 2, 2025 (90 FR 28869), the NRC amended its regulations to
replace the 15-year duration of design certifications with a 40-year
duration, both for existing design certifications currently in effect
and generically for

[[Page 65093]]

future design certifications, including renewals. The NRC did not
change the date of issuance or renewal for existing design
certifications but changed their expiration dates based on the most
recent date of issuance or renewal. The current AP1000 design
certification expires on February 27, 2046.
On February 10, 2012, the NRC issued combined licenses (COLs) to
Southern Nuclear Operating Company (SNC) for the Vogtle Electric
Generating Plant (VEGP) Units 3 and 4 (COLs NPF-91 and NPF-92). During
the licensing, construction, and operation of VEGP Units 3 and 4, SNC
submitted over 180 license amendment requests (LARs) to the NRC
addressing design changes, construction-discovered issues, and
operational refinements. The NRC reviewed and approved these LARs
through safety evaluations for each approved amendment. In addition,
SNC implemented numerous Tier 2 departures under the section VIII.B.5
of appendix D to 10 CFR part 52 change process that did not require
prior NRC approval. The VEGP licensing process also resolved the COL
action items identified in DCD Revision 19 with site-specific design
details, operational program descriptions, and as-built information.
The VEGP Unit 3 entered commercial operation on July 31, 2023, and Unit
4 did so on April 29, 2024.
In SECY-26-0034, ``NRC Regulatory Pathways and Licensing Readiness
for Near Term Large Light-Water Reactor Deployment,'' dated March 9,
2026, the NRC staff informed the Commission, among other things, that
it anticipated submission of the Westinghouse Electric Company LLC
(Westinghouse) application to update and renew the AP1000 design
certification. The NRC staff also informed the Commission of its plan
to incorporate the as-built changes incorporated into VEGP Units 3 and
4, previously approved safety findings, and lessons learned into a
revised AP1000 design certification. The NRC's verification review
determined that no new changes were incorporated into AP1000 DCD
Revision 20 that require additional technical review, and that all
changes incorporated into the AP1000 DCD Revision 20 were either
previously reviewed and approved by the NRC or were incorporated using
a process that does not require NRC approval. Therefore, the NRC is
using the direct final rule process to update appendix D to 10 CFR part
52 to include AP1000 DCD Revision 20. This renewal would improve
regulatory clarity, avoid unnecessary re-review, and streamline future
AP1000 licensing activities by providing applicants with an updated,
standardized design basis. The NRC is amending appendix D to 10 CFR
part 52 to include AP1000 DCD Revision 20. The NRC is also retaining
the incorporation by reference of AP1000 DCD Revision 19 in appendix D
to 10 CFR part 52 because several combined license holders were
licensed to AP1000 Revision 19 and the incorporation of the AP1000 DCD
Revision 19 in appendix D to 10 CFR part 52 remains part of the
licensing basis for those combined license holders. Applicants could
reference either revision in future applications.
While 10 CFR 52.63(a) imposes restrictive limits on the types of
changes that may be made while a design certification rule is in
effect, 10 CFR 52.59(c) allows a design certification renewal applicant
greater flexibility in seeking changes to the design certification.
Thus, a design certification renewal application that includes
amendments to a certified design is not required to address the
criteria in 10 CFR 52.63, ``Finality of standard design
certifications.'' However, if the amendment request entails such an
extensive change to the design certification that an essentially new
standard design is being proposed, 10 CFR 52.59(c) provides that an
application for a design certification must be filed. The AP1000
amendment request does not propose an essentially new standard design.
The NRC is amending the design certification for the AP1000
standard plant design to renew the AP1000 design certification for 40
years from the effective date of this direct final rule. The NRC
determined the submitted application for incorporation by reference of
DCD Revision 20 into appendix D to 10 CFR part 52 is acceptable.
Further, the Commission granted an exemption from 10 CFR 52.57(a) to
allow renewal more than 36 months before expiration of the current
design certification rule (91 FR 40596; July 2, 2026). The requirements
of 10 CFR 52.55, ``Duration of certification,'' govern the duration of
a design certification and the effect of timely renewal. The AP1000
design certification rule does not expire until 2046.
The NRC is amending section VIII.B.6 of appendix D to 10 CFR part
52 to incorporate the alternative change process that was previously
reviewed and approved for Vogtle Units 3 and 4 into appendix D to 10
CFR part 52. The license amendments and exemptions included in AP1000
DCD Revision 20 include a previously reviewed and approved change
process for Tier 2* information. On December 21, 2017, SNC submitted
LAR-17-037, and an associated exemption request, seeking changes to the
Vogtle Units 3 and 4 COLs to add a license condition that would apply
the change process for Tier 2 information for a proposed departure from
Tier 2* information provided that specific criteria are not met. If one
of the criteria were met for the proposed departure, then the proposed
departure would continue to require prior NRC approval. On September
20, 2018, the NRC granted the amendments and exemptions to Vogtle Units
3 and 4 that effectively replaced the Tier 2* change process with an
alternative process (reflected in a license condition) that applied the
Tier 2 change process along with nine additional criteria to determine
whether a license amendment was required. Inclusion of this change
process in section VIII.B.6 of appendix D to 10 CFR part 52 promotes
regulatory efficiency by eliminating the need for unnecessary licensing
actions for applicants referencing either AP1000 DCD Revision 19 or
AP1000 DCD Revision 20.

IV. Discussion

A. Final Safety Evaluation Report

The final safety evaluation report for the renewed AP1000 standard
design consists of (1) the original final safety evaluation report
NUREG-1793 published in September 2004 and Supplement No. 1 published
in December 2005, supporting the original certification of the AP1000
design; (2) NUREG-1793 Supplement 2 published in September 2011,
supporting an amendment to the AP1000 design certification; and (3) the
final safety evaluation report published in August 2026 supporting this
renewal of the AP1000 design certification. These final safety
evaluation reports and supplements are available as indicated in
section XVI, ``Availability of Documents,'' of this document.

B. AP1000 Design Certification Renewal Rule

The discussion in section V, ``Section-by-Section Analysis,'' of
this document describes the purpose and key aspects of each amended
section of the AP1000 design certification renewal rule. The AP1000
design certification renewal rule maintains the structure of the
existing design certification rule and is consistent with the other
design certification rules (i.e., appendices A through G to 10 CFR part
52).

V. Section-by-Section Analysis

The following paragraphs describe the specific changes in this
direct final rule.

[[Page 65094]]

Appendix D to Part 52--Design Certification Rule for the AP1000 Design

Section III. Scope and Contents

This direct final rule revises paragraph A to include DCD
Revision 20. This revision is appropriate because DCD Revision 20
includes all of the information necessary to incorporate by
reference. This direct final rule retains DCD Revision 19 and its
supplemental information document because several combined license
holders were licensed to DCD Revision 19, and it is necessary to
retain these documents in this rule. Future applicants may reference
either DCD Revision 19 or DCD Revision 20, as specified in paragraph
B. As used in appendix D, the term generic design control document
refers to both revisions of the AP1000, unless otherwise specified.

Section IV. Additional Requirements and Restrictions

This direct final rule makes conforming changes to the
requirement in paragraph A.3 to provide sensitive unclassified non-
safeguards information and safeguards information in the plant-
specific DCD to reflect the certification of the AP1000 DCD Revision
20.

Section V. Applicable Regulations

This direct final rule makes conforming changes in paragraphs
A.1 and A.2, and adds a new paragraph A.3 to show the regulations
that are applicable to the generic AP1000 design, as amended, and
updates language to reflect the certification of DCD Revision 20.
This section retains the references to safety evaluations supporting
prior design certifications and adds the safety evaluation
supporting the renewal because portions of the AP1000 design were
initially certified or amended under different regulations.

Section VI. Issue Resolution

This direct final rule revises paragraph B.1 to reference the
final safety evaluation report supporting this renewal and to
reference the rulemaking record for this renewal. It also revises
paragraph B.7 to include the NRC's final environmental assessment of
the renewal of the AP1000 design certification. These changes are
necessary to specify those matters resolved as a result of this
design certification renewal.

Section VII. Duration of This Appendix

This direct final rule revises the period of reference for this
appendix D to 40 years after the effective date of this direct final
rule. This change is necessary to indicate the renewed rule's
duration. The NRC's regulations in 10 CFR 52.61 require a design
certification renewal duration to be not less than 10 nor more than
40 years.

Section VIII. Processes for Changes and Departures

This direct final rule revises paragraph B.6 to incorporate the
alternative change process that was previously reviewed and approved
for Vogtle Units 3 and 4. This change is necessary because the NRC
approved significant changes to the changes and departures process
while licensing Vogtle Units 3 and 4. These processes are
appropriate for future licensees referencing the renewed AP1000
design certification.

VI. Regulatory Flexibility Certification

Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC
certifies that this direct final rule does not have a significant
economic impact on a substantial number of small entities. This direct
final rule affects only the licensing and operation of large nuclear
power plants. The companies that own these plants or would apply to own
such a plant do not fall within the scope of the definition of ``small
entities'' set forth in the Regulatory Flexibility Act or the size
standards established by the NRC (10 CFR 2.810).

VII. Regulatory Analysis

The NRC has not prepared a regulatory analysis for this direct
final rule. The NRC prepares regulatory analyses for rulemakings that
establish generic regulatory requirements applicable to all licensees.
Design certifications are not generic rulemakings in the sense that
design certifications do not establish standards or requirements with
which all licensees must comply. Rather, design certifications are NRC
approvals of specific nuclear power plant designs by rulemaking, which
then may be voluntarily referenced by applicants for combined licenses
or construction permits. For these reasons, the NRC concludes that
preparation of a regulatory analysis is neither required nor
appropriate.

VIII. Backfitting and Issue Finality

The NRC has determined that this direct final rule does not
constitute backfitting as defined in 10 CFR 50.109, ``Backfitting,''
and does not affect the issue finality of an approval under 10 CFR part
52. This direct final rule renewing the AP1000 design certification
does not constitute backfitting because it does not impose new or
changed requirements on any previously issued licenses that incorporate
by reference this design certification. Further, as discussed in
section III of this document, the NRC does not need to address the
finality criteria in 10 CFR 52.63.

IX. Plain Writing

The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).

X. National Environmental Policy Act: Environmental Assessment and
Final Finding of No Significant Impact

A. Introduction

The NRC is renewing the design certification for the AP1000
standard plant design for 40 years from the effective date of this
direct final rule. The NRC also is updating the design certification to
reflect changes provided by Westinghouse, by letter dated March 27,
2026. The NRC issues design certification rules as appendices to 10 CFR
part 52. The purpose of this amendment is to renew the period that the
AP1000 design certification is valid for referencing by an applicant
and includes incorporation of VEGP Units 3 and 4 license amendment
approvals under their respective COLs. Specifically, Revision 20 of the
AP1000 DCD incorporates the issuance of Amendments 142 and 141 for VEGP
Units 3 and 4 granting changes to the Tier 2* departure evaluation
process with a 10 CFR 51.22(c)(9) categorical exclusion determination
and is incorporated by reference into this NEPA evaluation. This rule
amends Section VIII.B.6 of appendix D to 10 CFR part 52 to include
changes to the Tier 2* departure evaluation process for the AP1000
design. With the renewal approval, the AP1000 design certification rule
would remain valid for referencing until 40 years after the effective
date of this direct final rule.
The NRC developed in section X, ``National Environmental Policy
Act: Environmental Assessment and Final Finding of No Significant
Impact,'' of this document containing this evaluation of the
environmental impacts of the renewal request. The NRC has documented
its finding of no significant impact in accordance with the
requirements of 10 CFR 51.21, ``Criteria for and identification of
licensing and regulatory actions requiring environmental assessments'';
10 CFR 51.31, ``Determinations based on environmental assessment''; and
the National Environmental Policy Act of 1969, as amended (NEPA). This
evaluation also addresses the severe accident mitigation design
alternatives (SAMDAs) that the NRC has previously evaluated for the
Westinghouse AP1000 design in the environmental assessment (EA) dated
September 1, 2021. The evaluation does not address the site-specific
environmental impacts of constructing and operating any facility that
references the AP1000 design certification at a particular site. The

[[Page 65095]]

SAMDA analysis completed as part of this direct final rule can be
incorporated by reference into the environmental determination related
to an application for siting, construction, or operation of a nuclear
plant that references the AP1000 standard design. The NRC would
evaluate those impacts as part of any application(s) for the siting,
construction, or operation of such a facility.
As discussed later in this section of this direct final rule, the
NRC has determined that issuing the subject renewal does not constitute
a major Federal action significantly affecting the quality of the human
environment. This determination is based on the generic finding made in
10 CFR 51.32(b)(2) that there is no significant environmental impact
associated with this renewal of the AP1000 design certification. This
renewal does not authorize the siting, construction, or operation of a
facility referencing the AP1000 design; it only codifies an extension
of the period an applicant can reference the AP1000 design in a COL
application. Furthermore, because the certification and update of the
design constitute a rule change rather than a physical action, it does
not involve the commitment of any resources that have alternative uses.
The 10 CFR 51.32(b)(2) generic finding of no significant impact is,
essentially, the legal equivalent of a categorical exclusion (72 FR
49427; August 28, 2007). Therefore, the NRC has not prepared an
environmental impact statement (EIS) for this direct final rule.
Under 10 CFR 51.30(d), an EA for an amendment, of which a renewal
is, to a design certification is limited to the consideration of
whether the design change that is the subject of the proposed amendment
renders a SAMDA previously rejected in the earlier EA to become cost
beneficial, or results in the identification of new SAMDAs, in which
case, the costs and benefits of new SAMDAs and the bases for not
incorporating new SAMDAs in the design certification must be addressed.
This amendment renewal request brings the AP1000 design
certification up to date. Revision 20 to the DCD includes construction
and operating experience from current AP1000 nuclear power plants
operating in the U.S. today (i.e., Vogtle Units 3 and 4) and will allow
for consistency and standardization in future AP1000 plant
applications. Although DCD Revision 20 does not affect the overall risk
profile for the AP1000 design (i.e., Revision 20 to the AP1000 DCD does
not change the risk insights and conclusions of the AP1000 design
certification or COL probabilistic risk assessments), as discussed in
this section of the direct final rule, the NRC updated its SAMDA
evaluation and performed sensitivity analyses in section X.B.2 of this
document to determine whether any SAMDAs previously rejected in the
earlier AP1000 design certification EAs could become cost beneficial
due to updated cost parameter information.

B. Severe Accident Mitigation Design Alternative Evaluation

Consistent with the objectives of standardization and early
resolution of design issues, the Commission decided to evaluate SAMDAs
as part of the original design certification for the AP1000 design. In
its ``Policy Statement on Severe Reactor Accidents Regarding Future
Designs and Existing Plants'' (50 FR 32138; August 8, 1985), the
Commission defined the term ``severe accident'' as an event that is
``beyond the substantial coverage of design-basis events (DBEs),''
including events where there is substantial damage to the reactor core
(whether or not there are serious offsite consequences). These DBEs are
analyzed in accordance with NUREG-0800, ``Standard Review Plan for the
Review of Safety Analysis Reports for Nuclear Power Plants: LWR
Edition,'' and documented in several chapters of the AP1000 DCD, such
as Chapters 2, 3, 15, and 19.
B.1 Westinghouse's DCD Revision 20 Assessments of SAMDAs
In the transmittal letter for the AP1000 renewal, Westinghouse
states that Appendix 1B of the AP1000 DCD Revision 19 fulfills this
requirement and addresses the costs and benefits of 15 SAMDAs that are
not included in the AP1000 plant design. Revision 19 Appendix 1B has
been retained in AP1000 DCD Revision 20. Westinghouse continues to find
that the previously considered SAMDAs, which were deemed to be non-cost
beneficial, remain non-cost beneficial and that no new design
alternatives were identified. Their evaluation concludes that the SAMDA
review performed in AP1000 DCD Revision 19 with regard to the viability
of the proposed SAMDAs remains valid and applicable to the AP1000 plant
design presented in AP1000 DCD Revision 20.
B.2 NRC Evaluation
The NRC conducted an audit of Appendix 1B as part of its DCD
Revision 20 application review. During that review, the NRC found that
Westinghouse did not evaluate the effect of applying current dollar
values to the cost analysis in Appendix 1B of Revision 20 of the AP1000
DCD. An environmental evaluation considers the present conditions at
the time of the application submission and this would include cost
evaluations related to SAMDAs. Several recent new reactor construction
permit applications have used appropriate current cost values in their
initial SAMDA evaluations. For example, these applicants applied the
updated dollar-per-person-rem value in accordance with NUREG-1530,
``Reassessment of NRC's Dollar per Person-Rem Conversion Factor
Policy,'' Revision 1, issued February 2022. These new reactor
applicants also applied current dollar inflation adjustments to
undiscounted dollar parameter values in the cost formulas in Section
5.7 as directed in Section 5.8 of NUREG/BR-0184, ``Regulatory Analysis
Technical Evaluation Handbook,'' published in January 1997.
The NRC uses the dollar-per-person-rem value to monetize the impact
of a potential severe accident, which the agency then compares to the
costs of a mitigation measure to determine if it is cost beneficial.
Significantly, the agency published the revised dollar-per-person-rem
values in 2022, after the agency reviewed Revision 19 of the AP1000
DCD, but before Westinghouse submitted Revision 20. Thus, consideration
of this new information could change the agency's determination on
whether any of the proposed SAMDAs are cost beneficial.
Similarly, Westinghouse did not provide a discussion on adjusting
for inflation for undiscounted cost parameters as recommended in
Section 5.8 of NUREG/BR-0184. Therefore, the NRC conducted a review of
Appendix 1B to DCD Revision 20 to determine if the Westinghouse SAMDA
conclusion is still valid when applying the noted updated monetary
values.
The NRC reviewed the information in Appendix 1B to Tier 2, Chapter
1, of the AP1000 DCD, Revision 20, and in the EAs issued for the
original AP1000 design certification rule in January 2006, for the
amendment to the AP1000 design certification in January 2011, and for
the amendment to extend the design certification in September 2021. Due
to the intervening time between when Westinghouse originally developed
Appendix 1B and the submission of Revision 20, the NRC examined, with
respect to the guidance in Section 5.8 of NUREG/BR-0184 and Revision 1
of NUREG-1530, whether the revised dollar values have the potential to
change the cost-benefit conclusions for any of the SAMDAs. The NRC
evaluated new cost information on updates to a dollar-per-person-rem
value of $7,300

[[Page 65096]]

consistent with guidance in NUREG-1530, Revision 1, and inflated to
2026 dollars the previously undiscounted cost parameters used in the
maximum benefit valuation formulas of NUREG/BR-0184. Based on the
updated maximum benefit valuation with sensitivity analyses, the NRC
concluded that the new cost information would not change the
conclusions reached in the EAs issued for the original, amended AP1000
design certification rules and the renewal AP1000.
For any future application referencing the AP1000 design
certification, the inflation of cost parameters (e.g., the dollar-per-
person-rem value) and revised cost-benefit guidance should be
considered in determining the subsequent AP1000 applicability of the
SAMDA conclusions previously described. This clarification for future
AP1000 applications is noted in paragraph VI.7 of appendix D of 10 CFR
part 52.

C. Summary of the Environmental Impacts of the Direct Final Rule

On the basis of 10 CFR 51.32(b) and the evaluation in section X.B
of this document, the NRC concludes that the direct final rule will not
have a significant effect on the quality of the human environment.
Accordingly, the NRC is not required to prepare an EIS for this direct
final rule.
Since no physical changes would occur in the human environment, the
agency action (rulemaking) would not affect any threatened or
endangered species or historic properties. Accordingly, the NRC finds
that the direct final rule would have no significant environmental
impact.

D. Finding of No Significant Impact

The NRC has prepared this evaluation to determine the environmental
effects of the agency action (rulemaking). This rule is primarily
administrative or procedural in nature and therefore would not have any
physical environmental effect. As explained in sections X.A through C
of this document, the NRC has determined that the rulemaking would not
change the conclusions in Appendix 1B of Revision 20 to the AP1000 DCD
and would result in no new or different environmental effects.
Therefore, the NRC concludes that the rule's action would not have a
significant effect on the quality of the human environment. Based on
this conclusion, the NRC has determined there is no need to prepare an
environmental impact statement. Accordingly, the NRC finds the direct
final rule would have no significant environmental impact. This
environmental assessment and finding of no significant impact can be
tracked with identification number NEPA ID EAXX-429-00-000-1784080234.

XI. Paperwork Reduction Act

This direct final rule does not contain any new or amended
collections of information subject to the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were
approved by the Office of Management and Budget, approval number 3150-
0151.

Public Protection Notification

The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid Office of
Management and Budget control number.

XII. Executive Orders

The following are Executive orders that are related to this direct
final rule:

A. Executive Order 12866: Regulatory Planning and Review (as amended by
E.O. 14215, Ensuring Accountability for All Agencies)

The Office of Information and Regulatory Affairs (OIRA) has
determined that this direct final rule is not a significant regulatory
action.

B. Executive Order 14154: Unleashing American Energy

The NRC has examined this direct final rule and has determined that
it is consistent with the policies and directives outlined in E.O.
14154.

C. Executive Order 14192: Unleashing Prosperity Through Deregulation

This action is determined to be a deregulatory action as defined by
E.O. 14192. The AP1000 renewal and amendments will facilitate future
reactor licensing by resolving design issues generically, which will
lead to shorter and more efficient reviews yielding savings to the
agency and future applicants.

D. Executive Order 14267: Reducing Anti-Competitive Regulatory Barriers

E.O. 14267 requires the NRC to identify anti-competitive
regulations for recission or modification. The purpose of a design
certification rule is to facilitate the licensing process for future
applicants that reference the certified design. Therefore, there are no
anti-competitive regulatory barriers associated with this rule.

E. Executive Order 14270: Zero-Based Regulatory Budgeting To Unleash
American Energy

E.O. 14270, ``Zero-Based Regulatory Budgeting to Unleash American
Energy,'' requires the NRC to insert a conditional sunset date into all
new or amended NRC regulations provided the regulations are (1)
promulgated under the Atomic Energy Act of 1954, as amended (AEA), the
Energy Reorganization Act of 1974, as amended (ERA), or the Nuclear
Waste Policy Act of 1982, as amended (NWPA); (2) not statutorily
required; and (3) not part of the NRC's permitting regime. The NRC
determined that the regulatory changes in this rule are part of the NRC
permitting regime as future licensing applicants may reference the
AP1000 certified design to obtain operating licenses. Therefore, the
NRC views this rulemaking to be outside the scope of E.O. 14270 and did
not insert conditional sunset dates for the regulatory changes in this
direct final rule.

XIII. Congressional Review Act

This direct final rule is a rule as defined in the Congressional
Review Act (5 U.S.C. 801-808). However, the Office of Management and
Budget has found that it does not meet the criteria at 5 U.S.C. 804(2).

XIV. Compatibility of Agreement State Regulations

Under the ``Agreement State Program Policy Statement'' approved by
the Commission on October 2, 2017, and published in the Federal
Register (82 FR 48535; October 18, 2017), this rule is classified as
compatibility ``NRC.'' Category NRC consists of program elements over
which the NRC cannot discontinue its regulatory authority pursuant to
the Atomic Energy Act of 1954 (AEA), as amended, or provisions of 10
CFR. Under the Policy Statement, a program element means any component
or function of a radiation control regulatory program, including
regulations and other legally binding requirements imposed on regulated
persons, which contributes to the implementation of that program. The
NRC maintains regulatory authority over program elements classified as
category NRC and the Agreement States must not adopt these NRC program
elements. However, an Agreement State may inform its licensees of these
NRC requirements through a mechanism under the State's administrative
procedure laws, as long as the State adopts these provisions solely for
the purposes of notification, and does not

[[Page 65097]]

exercise any regulatory authority as a result.

XV. Voluntary Consensus Standards

The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, requires that Federal agencies use technical
standards that are developed or adopted by voluntary consensus
standards bodies unless the use of such a standard is inconsistent with
applicable law or otherwise impractical. Design certifications are not
generic rulemakings establishing a generally applicable standard with
which all 10 CFR parts 50 and 52 nuclear power plant licensees must
comply. Design certifications are Commission approvals of specific
nuclear power plant designs by rulemaking. Furthermore, design
certifications are initiated by an applicant for rulemaking, rather
than by the NRC. This action does not constitute the establishment of a
standard that contains generally applicable requirements.

XVI. Availability of Documents

The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.

------------------------------------------------------------------------
ADAMS accession No./web
Document link/ Federal Register
citation
------------------------------------------------------------------------
Reactor Regulatory History on Design ML003761550 (pkg).
Certification Rules, dated April 26, 2000
\1\.
Westinghouse Electric Company LLC, AP1000 ML26086A409.
Design Certification Renewal Request,
dated March 27, 2026.
Westinghouse Electric Company LLC, AP1000 ML26086A412.
Design Control Document, Revision 20 (Non-
proprietary), DCP_NRC_260001, dated 2026.
Final Safety Evaluation Report Related to ML26225A350.
Renewal of the AP1000 Standard Design,
dated August 2026.
Vogtle, Units 3 and 4, Request for License ML17355A416.
Amendment and Exemption: Changes to Tier 2
* Departure Evaluation Process (LAR-17-
037), dated December 21, 2017.
Vogtle Electric Generating Plant, Units 3 ML18235A029 (pkg).
and 4, Issuance of Amendments 142 and 141
and Granting of Exemptions RE: Changes to
the Tier 2 * Departure Evaluation Process
(LAR 17-037), dated September 20, 2018.
Westinghouse Electric Company LLC, ML21081A023 (pkg).
Supplemental Information to Support the
AP1000 Design Certification Extension (Non-
proprietary), DCP_NRC_003343, dated March
19, 2021.
Westinghouse AP1000 Design Control Document ML11171A500 (pkg).
Revision 19, dated June 13, 2011.
Westinghouse AP1000 Revision 19 Design ML21131A221.
Certification Extension Verification
Evaluation Report, dated May 11, 2021.
Environmental Assessment and Finding of No ML053630176.
Significant Impact by the U.S. Nuclear
Regulatory Commission Relating to the
Certification of the AP1000 Standard Plant
Design, dated January 2006.
Environmental Assessment by the U.S. ML112380827.
Nuclear Regulatory Commission Relating to
the Certification of the Amendment to the
AP1000 Standard Plant Design, dated
January 2011.
Environmental Assessment by the U.S. ML21181A109.
Nuclear Regulatory Commission Regarding
Extending the Duration of the AP1000
Design Certification, dated September 2021.
NUREG-1530, Rev. 1, ``Reassessment of NRC's ML22053A025.
Dollar per Person-Rem Conversion Factor
Policy'' Final Report, dated February 2022.
NUREG-0800, ``Standard Review Plan for the https://www.nrc.gov/reading-
Review of Safety Analysis Reports for rm/doc-collections/nuregs/
Nuclear Power Plants: LWR Edition''. staff/sr0800/index.
NUREG/BR-0184, ``Regulatory Analysis ML050190193.
Technical Evaluation Handbook,'' dated
January 1997.
SECY-26-0034: NRC Regulatory Pathways and ML25351A230.
Licensing Readiness for Near Term Large
Light-Water Reactor Deployment, dated
March 9, 2026.
NRC Agreement State Program Policy 82 FR 48535.
Statement, Revision to Policy Statement;
Correction, dated October 18, 2017.
AP1000 Design Certification, Final Rule, 71 FR 4464.
dated January 27, 2006.
AP1000 Design Certification Amendment, 76 FR 82079.
Final Rule, dated December 30, 2011.
Extending the Duration of the AP1000 Design 86 FR 52593.
Certification, Direct Final Rule and
Issuance of Environmental Assessment,
dated September 22, 2021.
Revising the Duration of Design 90 FR 28869.
Certifications, Direct Final Rule, dated
July 2, 2025.
Westinghouse Electric Company LLC; AP1000 91 FR 40596.
Design Certification Renewal; Exemption,
Notice; Issuance, dated July 2, 2026.
Licenses, Certifications, and Approvals for 72 FR 49427.
Nuclear Power Plants, Final Rule, dated
August 28, 2007.
Policy Statement on Severe Reactor 50 FR 32138.
Accidents Regarding Future Designs and
Existing Plants, Policy Statement, dated
August 8, 1985.
Executive Order 12866, ``Regulatory 58 FR 51735.
Planning and Review,'' October 4, 1993.
Executive Order 14154, ``Unleashing 90 FR 8353.
American Energy,'' January 29, 2025.
Executive Order 14192, ``Unleashing 90 FR 9065.
Prosperity Through Deregulation,''
February 6, 2025.
Executive Order 14215, ``Ensuring 90 FR 10447.
Accountability for All Agencies,''
February 24, 2025.
Executive Order 14267, ``Reducing Anti- 90 FR 15629.
Competitive Regulatory Barriers,'' April
15, 2025.
Executive Order 14270, ``Zero-Based 90 FR 15643.
Regulatory Budgeting to Unleash American
Energy,'' April 15, 2025.
Executive Order 14300, ``Ordering the 90 FR 22587.
Reform of the Nuclear Regulatory
Commission,'' May 29, 2025.
Presidential Memorandum, ``Plain Language 63 FR 31885.
in Government Writing,'' June 10, 1998.
------------------------------------------------------------------------

The NRC may post materials related to this document, including
public comments, on the Federal rulemaking website at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket ID NRC-2026-2377. In

[[Page 65098]]

addition, the Federal rulemaking website allows members of the public
to receive alerts when changes or additions occur in a docket folder.
To subscribe: (1) navigate to the docket folder (NRC-2026-2377); (2)
click the ``Subscribe'' button; and (3) enter an email address and
click on the ``Subscribe'' button.
---------------------------------------------------------------------------

\1\ The regulatory history of the NRC's design certification
reviews is a package of documents that is available in the NRC's
Public Document Room and NRC Library: Reactor Regulatory History on
Design Certification Rules, April 26, 2000. This history spans the
period during which the NRC simultaneously developed the regulatory
standards for reviewing these designs and the form and content of
the rules that certified the designs. This document predates this
rulemaking and therefore does not contain a regulatory history for
this rulemaking.
---------------------------------------------------------------------------

XVII. Procedures for Access to Proprietary and Security-Related
Information for Preparation of Comments on the Direct Final Rule

This section contains instructions regarding how the non-publicly
available documents related to this rule, and specifically the
information contained in Enclosure 2 of the March 27, 2026, letter from
Westinghouse, ``AP1000 Design Certification Renewal Request,'' may be
accessed by interested persons who wish to comment on the design
certification renewal. These documents contain proprietary information
and security-related information.
Interested persons who desire access to proprietary information or
security-related information on the AP1000 design certification
extension should first request access to that information from
Westinghouse Electric Company LLC, the design certification applicant.
A request for access should be submitted to the NRC if the applicant
does not either grant or deny access by the 10-day deadline described
in the following section.

Submitting a Request to the NRC for Access

Within 10 days after publication of this direct final rule, any
individual or entity who believes access to proprietary information or
security-related information is necessary in order to submit comments
on this rule may request access to such information. Requests for
access to proprietary information or security-related information
submitted more than 10 days after publication of this document will not
be considered absent a showing of good cause for the late filing
explaining why the request could not have been filed earlier.
The requestor shall submit a letter requesting permission to access
proprietary information or security-related information to the Office
of the Secretary, U.S. Nuclear Regulatory Commission, Attention:
Rulemakings and Adjudications Staff, Washington, DC 20555-0001. The
email address for the Office of the Secretary is
<a href="/cdn-cgi/l/email-protection#1f4d6a737a727e74767178315c7072727a716b6c5f716d7c31787069">[email&#160;protected]</a>. The requestor must send a copy of the
request to the design certification applicant at the same time as the
original transmission to the NRC using the same method of transmission.
Requests to the applicant must be sent to Zachary S. Harper, Manager,
Licensing Engineering, Westinghouse Electric Company LLC, 1000
Westinghouse Drive, Cranberry Township, Pennsylvania 16066.
The request must include the following information:
(1) The name of this design certification, AP1000 Design
Certification; the rulemaking identification number, RIN 3150-AL70; the
rulemaking docket number, NRC-2026-2377; and the Federal Register
citation for this rule.
(2) The name, address, and email of the requestor.
(3) The identity of the individual(s) to whom access is to be
provided, including the identity of any expert, consultant, or
assistant who will aid the requestor in evaluating the information.
(4) The requestor's need for the proprietary information or
security-related information in order to prepare meaningful comments on
the design certification extension must be demonstrated. Each of the
following areas must be addressed with specificity:
(a) The specific issue or subject matter on which the requestor
wishes to comment.
(b) An explanation why information which is publicly available is
insufficient to provide the basis for developing meaningful comment on
the AP1000 design certification extension rule with respect to the
issue or subject matter described in paragraph 4.a. of this section.
(c) The technical competence (demonstrable knowledge, skill,
training or education) of the requestor to effectively utilize the
requested information to provide the basis for meaningful comment.
Technical competence may be shown by reliance on a qualified expert,
consultant, or assistant who satisfies these criteria.
(d) A chronology and discussion of the requestor's attempts to
obtain the information from the design certification applicant, and the
final communication from the requestor to the applicant and the
applicant's response, if any was provided, with respect to the request
for access to proprietary information or security-related information
must be submitted.
Based on an evaluation of the information submitted under paragraph
(4) of this section, as applicable, the NRC will determine within 10
days of receipt of the request whether the requestor has established a
legitimate need for access to proprietary information or security-
related information.

Determination of Legitimate Need for Access

If the NRC determines that the requestor has established a
legitimate need for access to proprietary information or security-
related information, the NRC will notify the requestor in writing that
access to proprietary information or security-related information has
been granted. The written notification will contain instructions on how
the requestor may obtain copies of the requested documents and any
other conditions that may apply to access to those documents. These
conditions may include, but are not limited to, the signing of a Non-
Disclosure Agreement or Affidavit by each individual who will be
granted access.

Filing of Comments on the AP1000 Design Certification Renewal Rule
Based on Non-Public Information

Any comments on this final rule that are based upon the disclosed
proprietary information or security-related information must be filed
by the requestor no later than 25 days after receipt of (or access to)
that information, or the close of the public comment period, whichever
is later. The commenter must comply with all NRC requirements regarding
the submission of proprietary information and security-related
information to the NRC when submitting comments to the NRC (including
marking and transmission requirements).

Review of Denials of Access

If the request for access to proprietary information or security-
related information is denied by the NRC after a determination on
requisite need, the NRC staff shall immediately notify the requestor in
writing, briefly stating the reason or reasons for the denial.
The requestor may challenge the NRC staff's adverse determination
by filing a challenge within five days of receipt of that determination
with the NRC's Executive Director for Operations under 10 CFR 9.29(d).

XVIII. Incorporation by Reference--Reasonable Availability to
Interested Parties

The NRC is incorporating by reference a document submitted by
Westinghouse that updates the AP1000 design certification to Revision
20. As discussed in the ``Discussion'' section of this document, DCD
Revision 20 includes updates made to the AP1000 design to represent a
current,

[[Page 65099]]

construction-validated design. The NRC is required by law to obtain
approval for incorporation by reference from the Office of the Federal
Register.
The Office of the Federal Register's requirements for incorporation
by reference are set forth in 1 CFR part 51. These regulations require
an agency to include in a direct final rule a discussion of the ways
that the materials the agency incorporates by reference are reasonably
available to interested parties or how it worked to make those
materials reasonably available to interested parties. The discussion in
this section complies with the requirement for direct final rules as
set forth in 1 CFR 51.5(b)(2).
The NRC considers ``interested parties'' to include all potential
NRC stakeholders, not only the individuals and entities regulated or
otherwise subject to the NRC's regulatory oversight. These NRC
stakeholders are not a homogeneous group but vary with respect to the
considerations for determining reasonable availability. Therefore, the
NRC distinguishes between different classes of interested parties for
the purposes of determining whether the material is ``reasonably
available.'' The NRC considers the following to be classes of
interested parties in NRC rulemakings with regard to the material to be
incorporated by reference:
<bullet> Individuals and small entities regulated or otherwise
subject to the NRC's regulatory oversight (this class also includes
applicants and potential applicants for licenses and other NRC
regulatory approvals) and who are subject to the material to be
incorporated by reference by rulemaking. In this context, ``small
entities'' has the same meaning as a ``small entity'' under 10 CFR
2.810.
<bullet> Large entities otherwise subject to the NRC's regulatory
oversight (this class also includes applicants and potential applicants
for licenses and other NRC regulatory approvals) and who are subject to
the material to be incorporated by reference by rulemaking. In this
context, ``large entities'' are those that do not qualify as a ``small
entity'' under 10 CFR 2.810.
<bullet> Non-governmental organizations with institutional
interests in the matters regulated by the NRC.
<bullet> Other Federal agencies, States, local governmental bodies
(within the meaning of 10 CFR 2.315(c)).
<bullet> Federally-recognized and State-recognized \2\ Indian
Tribes.
---------------------------------------------------------------------------

\2\ State-recognized Indian Tribes are not within the scope of
10 CFR 2.315(c). However, for purposes of the NRC's compliance with
1 CFR 51.5, ``interested parties'' includes a broad set of
stakeholders, including State-recognized Indian Tribes.
---------------------------------------------------------------------------

<bullet> Members of the general public (i.e., individual,
unaffiliated members of the public who are not regulated or otherwise
subject to the NRC's regulatory oversight) who may wish to gain access
to the materials which the NRC incorporates by reference by rulemaking
in order to participate in the rulemaking process.
The NRC makes the materials incorporated by reference available for
inspection to all interested parties, by appointment, at the NRC
Technical Library, which is located at Two White Flint North, 11545
Rockville Pike, Rockville, Maryland 20852; telephone: 301-415-7000;
email: <a href="/cdn-cgi/l/email-protection#74381d160615060d5a2611071b01061711341a06175a131b02">[email&#160;protected]</a>. In addition, as described in the
``Availability of Documents'' section of this document, documents
related to this direct final rule are available online in the NRC's
Agencywide Documents Access and Management System (ADAMS) Public
Documents collection at <a href="https://www.nrc.gov/reading-rm/adams.html">https://www.nrc.gov/reading-rm/adams.html</a>.
The NRC concludes that the materials the NRC is incorporating by
reference in this final rule are reasonably available to all interested
parties because the materials are available to all interested parties
in multiple ways and in a manner consistent with their interest in the
materials.

List of Subjects in 10 CFR Part 52

Administrative practice and procedure, Antitrust, Combined license,
Early site permit, Emergency planning, Fees, Incorporation by
reference, Inspection, Issue finality, Limited work authorization,
Nuclear power plants and reactors, Probabilistic risk assessment,
Prototype, Reactor siting criteria, Redress of site, Penalties,
Reporting and recordkeeping requirements, Standard design, Standard
design certification.

For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended, the Energy Reorganization
Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR part 52:

PART 52--LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER
PLANTS

0
1. The authority citation for part 52 continues to read as follows:

Authority: Atomic Energy Act of 1954, secs. 103, 104, 147, 149,
161, 181, 182, 183, 185, 186, 189, 223, 234 (42 U.S.C. 2133, 2134,
2167, 2169, 2201, 2231, 2232, 2233, 2235, 2236, 2239, 2273, 2282);
Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42
U.S.C. 5841, 5842, 5846, 5851); 44 U.S.C. 3504 note.

0
2. In appendix D to part 52:
0
a. Revise Section III.A;
0
b. In Section III.B, add a sentence to the end of the paragraph;
0
c. In Section IV.A.3, remove the text ``the AP1000 DCD'' and add, in
its place, the text ``the generic DCD incorporated by reference under
section III.A of this appendix (the AP1000 DCD Revision 19 or AP1000
DCD Revision 20)''; and
0
d. Revise Sections V.A, VI.B.1 and 7, VII, and VIII.B.6.
The revisions and addition read as follows:

Appendix D to Part 52--Design Certification Rule for the AP1000 Design

* * * * *

III. Scope and Contents

A. Tier 1, Tier 2 (including the investment protection short-
term availability controls in Section 16.3), and the generic TSs in
both the AP1000 Design Control Document, Revision 19, (Public
Version) (AP1000 DCD Revision 19), APP-GW-GL-702, dated June 13,
2011, and the amendments thereto in DCP_NRC_003343, Supplemental
Information to Support the AP1000 Design Certification Extension
(Non-proprietary), and APP-GW-GL-705 Rev. 0, copyright 2021
(Supplemental Information); and in the AP1000 Design Control
Document, Revision 20, (Public Version) (AP1000 DCD Revision 20),
APP-GW-GL-702, Revision 2, dated 2026, are approved for
incorporation by reference by the Director of the Office of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. Copies of
either generic DCD may be obtained from Zachary S. Harper, Manager,
Licensing Engineering, Westinghouse Electric Company, 1000
Westinghouse Drive, Cranberry Township, Pennsylvania 16066,
telephone (412) 374-5093. Copies of the generic DCDs and
Supplemental Information are also available for examination and
copying at the NRC's PDR, Room O-1F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852. Copies are available, by
appointment, for examination at the NRC Library, Two White Flint
North, 11545 Rockville Pike, Rockville, Maryland 20852, telephone
(301) 415-5610, email <a href="/cdn-cgi/l/email-protection#b3ffdad1c1d2c1ca9de1d6c0dcc6c1d0d6f3ddc1d09dd4dcc5">[email&#160;protected]</a>. The generic DCDs and
Supplemental Information can also be viewed online in the NRC
Library at <a href="http://www.nrc.gov/reading-rm/adams.html">www.nrc.gov/reading-rm/adams.html</a> by searching under
ADAMS Accession Nos. ML11171A500 (AP1000 DCD Revision 19),
ML21081A023 (Supplemental Information), and ML26086A412 (AP1000 DCD
Revision 20). If you do not have access to ADAMS or if you have
problems accessing documents located in ADAMS, contact the NRC's PDR
reference staff at 1-800-397-4209, at 301-415-3747, or by email at
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="6f3f2b3d413d0a1c001a1d0c0a2f011d0c41080019">[email&#160;protected]</a>. Copies of the AP1000 materials are available
in the ADAMS Public

[[Page 65100]]

Documents Collection. All approved material is available for
inspection at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>
or email <a href="/cdn-cgi/l/email-protection#c5a3b7ebacabb6b5a0a6b1acaaab85aba4b7a4eba2aab3">[email&#160;protected]</a>.
B. * * * Applicants and licensees may reference either the
AP1000 DCD Revision 19, APP-GW-GL-702, dated June 13, 2011, and the
amendments thereto in DCP_NRC_003343, Supplemental Information to
Support the AP1000 Design Certification Extension (Non-proprietary),
and APP-GW-GL-705 Rev. 0, copyright 2021 (Supplemental Information),
or the AP1000 DCD Revision 20, APP-GW-GL-702, Revision 2, dated
2026.
* * * * *

V. Applicable Regulations

A.
Except as indicated in paragraphs A.2, A.3, and B of this
section, the regulations that apply to the AP1000 design, in DCD
Revision 15, are in 10 CFR parts 20, 50, 73, and 100, codified as of
January 23, 2006, that are applicable and technically relevant, as
described in the FSER (NUREG-1793) and Supplement No. 1.
2. Except as indicated in paragraphs A.1, A.3, and B of this
section, the regulations that apply to those portions of the AP1000
design, in DCD Revision 19, approved by Amendment 1 are in 10 CFR
parts 20, 50, 73, and 100, codified as of December 30, 2011, that
are applicable and technically relevant, as described in the
Supplement No. 2 of the FSER (NUREG-1793).
3. Except as indicated in paragraphs A.1, A.2, and B of this
section, the regulations that apply to those portions of the AP1000
design, in DCD Revision 20, are in 10 CFR parts 20, 50, 52, 73, and
100, codified as of December 28, 2026, that are applicable and
technically relevant, as described in the safety evaluation for the
renewal of this design certification (renewal FSER) (ADAMS Accession
No. ML26225A350).
* * * * *

VI. Issue Resolution

* * * * *
B. * * * 1. All nuclear safety issues, except for the generic TS
and other operational requirements, associated with the information
in the FSER, Supplement Nos. 1 and 2, the Verification Evaluation
Report (ADAMS Accession No. ML21131A221), and, if applicable, the
renewal FSER; Tier 1 and Tier 2 (including referenced information,
which the context indicates is intended as requirements, and the
investment protection short-term availability controls in Section
16.3 of the DCD) as amended by Supplemental Information; and the
rulemaking records for initial certification, Amendment 1, the
duration extension of the AP1000 design, and the renewal;
* * * * *
7. All environmental issues concerning severe accident
mitigation design alternatives associated with the information in
the NRC's EA for the AP1000 design, Appendix 1B of Revision 15 of
the generic DCD, the NRC's final EA for Amendment 1 to the AP1000
design, Appendix 1B of Revision 19 of the generic DCD, the NRC's
final EA relating to the extension of the AP1000 standard design
certification, the NRC's final EA relating to the renewal of the
AP1000 standard design certification, and Appendix 1B of Revision 20
of the generic DCD, for plants referencing this appendix whose site
parameters are within those specified in the severe accident
mitigation design alternatives evaluation. Future applications
relying on the AP1000 DCD Revision 20 under appendix D to part 52
will need to inflate the appropriate cost parameters (e.g., the
dollar-per-person-rem value and undiscounted cost parameters).
* * * * *

VII. Duration of This Appendix

This appendix may be referenced for a period of 40 years from
December 28, 2026, except as provided for in 10 CFR 52.55(b) and
52.57(b). This appendix remains valid for an applicant or licensee
who references this appendix until the application is withdrawn or
the license expires, including any period of extended operation
under a renewed license.

VIII. Processes for Changes and Departures

* * * * *
B. * * *
6. a. An applicant who references the AP1000 design
certification rule may depart from Tier 2 * information, which is
designated with italicized text or brackets and an asterisk in the
AP1000 design control document, without NRC approval, except for
departures that:
(1) Involve a deviation from a code or standard credited in the
plant-specific DCD for establishing the criteria for the design or
construction of a structure, system, or component (SSC) important to
safety;
(2) Result in a change to a design process described in the
plant-specific DCD that is material to implementation of an industry
standard or endorsed regulatory guidance;
(3) (i) Result in a change to the fuel criteria evaluation
process, the fuel principal design requirements, or the nuclear
design of the fuel or the reactivity control system that is material
to a fuel or reactivity control system design function; or
(ii) Result in any change to the maximum fuel rod average burn-
up limits or the small break LOCA analysis information in DCD
Subsections 15.6.5.4B.2.2 or 15.6.5.4B.2.3;
(4) Adversely affect the containment debris limits or debris
screen design criteria;
(5) Change the Reactor Coolant Pump (RCP) type from a canned
motor to a different type of RCP;
(6) Result in a change to the Passive Residual Heat Removal Heat
Exchanger natural circulation test (first plant test), the Core
Makeup Tank Heated Recirculation Tests (first three plants test), or
the Automatic Depressurization System Blowdown Test (first three
plants test) that is material to the test objectives or test
performance criteria;
(7) Involve structural materials or analytical or design
methods, including design codes and analytical assumptions, that
deviate from those credited in the plant-specific DCD for critical
sections;
(8) Result in a change to the design of the steel faceplates,
internal trusses, tie bars, or headed studs of the steel-concrete
(SC) module walls in the Nuclear Island or the Shield Building,
including SC-to-reinforced concrete (RC) connections; or
(9) Result in an increase in the demand to capacity (D/C) ratio
of a critical section of the structure. The licensee must determine
the D/C ratio under this condition for each critical section
structural member including, but not limited to, wall segments, wall
sections, concrete panels, slabs, or basemat sections, affected by a
departure by:
(i) Using the Tier 2 * information in the DCD Section 3.8 or
Appendix 3H table that directly states the D/C ratio or states the
area of steel provided and the area of steel required for the
affected structural member; or
(ii) Providing the same total area of steel across the entire
critical section using any combination of rebar sizes and spacing
allowed by the design basis codes used in the DCD as the total area
of steel specified in DCD Section 3.8 and Appendix 3H tables marked
Tier 2 *.
b. For a departure from Tier 2 * information that does not
require prior NRC approval, the licensee must comply with the
requirements for Tier 2 departures in paragraph B.5 of this section.
The departure or change to Tier 2 * information must remain Tier 2 *
information in the plant-specific DCD.
c. Departures from Tier 2 * information that are made under
paragraph B.6 of this section do not require an exemption from this
appendix.
* * * * *

Dated: October 5, 2026.

For the Nuclear Regulatory Commission.
Michael King,
Executive Director for Operations.
[FR Doc. 2026-21030 Filed 10-13-26; 8:45 am]
BILLING CODE 7590-01-P

</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on October 14, 2026.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.