Proposed Rule2026-21031
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
Issuing agencies
Nuclear Regulatory Commission
Abstract
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend 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 also proposes to issue an environmental assessment supporting this rule.
Full Text
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<title>Federal Register, Volume 91 Issue 197 (Wednesday, October 14, 2026)</title>
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[Federal Register Volume 91, Number 197 (Wednesday, October 14, 2026)]
[Proposed Rules]
[Pages 65133-65137]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21031]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 52
[NRC-2026-2377]
RIN 3150-AL70
AP1000 Design Certification Renewal
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule and environmental assessment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend 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
[[Page 65134]]
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
also proposes to issue an environmental assessment supporting this
rule.
DATES: Submit comments by November 13, 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 public comments.
You can read a plain language description of this proposed 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#b1fbd0c2dedf9ff2d0c3dfd4d0ddf1dfc3d29fd6dec7"><span class="__cf_email__" data-cfemail="e3a982908c8dcda082918d86828fa38d9180cd848c95">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Plain Writing
V. National Environmental Policy Act: Environmental Assessment and
Proposed Finding of No Significant Impact
VI. Paperwork Reduction Act
VII. Executive Orders
VIII. Availability of Documents
I. Obtaining Information and Submitting 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#b6c6d2c498c4d3c5d9c3c4d5d3f6d8c4d598d1d9c0"><span class="__cf_email__" data-cfemail="c8b8acbae6baadbba7bdbaabad88a6baabe6afa7be">[email protected]</span></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="0b5b4f5925596e78647e79686e4b657968256c647d">[email 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.
II. Rulemaking Procedure
Because the NRC considers this action to be non-controversial, the
NRC is publishing this proposed rule concurrently with a direct final
rule in the Rules and Regulations section of this issue of the Federal
Register. The direct final rule will become effective on December 28,
2026. However, if the NRC receives significant adverse comments by
November 13, 2026, then the NRC will publish a document that withdraws
the direct final rule. If the direct final rule is withdrawn, the NRC
will address the comments in a subsequent final rule. Absent
significant modifications to the proposed revisions requiring
republication, the NRC will not initiate a second comment period on
this action in the event the direct final rule is withdrawn.
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 procedural information and the regulatory analysis, see the
direct final rule published in the Rules and Regulations section of
this issue of the Federal Register.
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
[[Page 65135]]
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 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 the 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. 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). The NRC requests comment on this proposed rule with respect to
clarity and effectiveness of the language used.
V. National Environmental Policy Act: Environmental Assessment and
Proposed Finding of No Significant Impact
The NRC has determined under the National Environmental Policy Act
of 1969, as amended (NEPA), and the NRC's regulations in subpart A,
``National Environmental Policy Act--Regulations Implementing Section
102(2),'' of 10 CFR part 51,
[[Page 65136]]
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions,'' that this proposed rule, if issued,
would not be a major Federal action significantly affecting the quality
of the human environment and, therefore, an environmental impact
statement is not required. The NRC's generic determination in this
regard, reflected in 10 CFR 51.32(b)(1), is based upon the following
considerations: (1) A design certification rule does not authorize the
siting, construction, or operation of a facility referencing any
particular design, but only codifies a standard design certification in
a rule (extending the AP1000 design certification and incorporating
changes to the design in this case); (2) the NRC will evaluate the
environmental impacts and issue an environmental finding in a Record of
Decision as appropriate under NEPA as part of the application for the
construction and operation of a facility referencing any particular
design certification rule; and (3) comments on the environmental
assessment will be limited to the consideration of severe accident
mitigation design alternatives as required by 10 CFR 51.30(d). The
environmental assessment is available in the companion direct final
rule published in the Rules and Regulations section of this issue of
the Federal Register. In keeping with Commission policy, that
environmental assessment also updates the agency's consideration of
severe accident mitigation design alternatives.
VI. Paperwork Reduction Act
This proposed 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, control 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.
VII. Executive Orders
The following are Executive orders that are related to this
proposed 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 proposed 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 proposed 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.
VIII. 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.
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Adams accession No./web link/
Document Federal Register citation
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Reactor Regulatory History on Design ML003761550 (pkg).
Certification Rules, dated April 26,
2000 \1\.
Westinghouse Electric Company ML26086A409.
LLC,AP1000 Design Certification
Renewal Request, dated March 27, 2026.
Westinghouse Electric Company LLC, ML26086A412.
AP1000 Design Control Document,
Revision 20 (Non-proprietary),
DCP_NRC_260001, dated 2006.
Final Safety Evaluation Report Related ML26225A350.
to Certification of the AP1000
Standard Design, dated August 2026.
Vogtle, Units 3 and 4, Request for ML17355A416.
License Amendment and Exemption:
Changes to Tier 2* Departure
Evaluation Process (LAR-17-037), dated
December 21, 2017.
Vogtle Electric Generating Plant, Units ML18235A029 (pkg).
3 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 ML11171A500 (pkg).
Document Revision 19, dated June 13,
2011.
[[Page 65137]]
Westinghouse AP1000 Revision 19 Design ML21131A221.
Certification Extension Verification
Evaluation Report, dated May 11, 2021.
Environmental Assessment and Finding of ML053630176.
No 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 ML22053A025.
NRC's Dollar per Person-Rem Conversion
Factor Policy'' Final Report, dated
February 2022.
NUREG-0800, ``Standard Review Plan for https://www.nrc.gov/reading-rm/
the Review of Safety Analysis Reports doc-collections/nuregs/staff/
for Nuclear Power Plants: LWR sr0800/index.
Edition''.
NUREG/BR-0184, ``Regulatory Analysis ML050190193.
Technical Evaluation Handbook,'' dated
January 1997.
SECY-26-0034: NRC Regulatory Pathways ML25351A230.
and 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 71 FR 4464.
Rule, dated January 27, 2006.
AP1000 Design Certification Amendment, 76 FR 82079.
Final Rule, dated December 30, 2011.
Extending the Duration of the AP1000 86 FR 52593.
Design 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; 91 FR 40596.
AP1000 Design Certification Renewal;
Exemption, Notice; Issuance, dated
July 2, 2026.
Licenses, Certifications, and Approvals 72 FR 49427.
for 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 63 FR 31885.
Language in Government Writing,'' June
10, 1998.
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\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.
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 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.
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.
Dated: October 5, 2026.
For the Nuclear Regulatory Commission.
Michael King,
Executive Director for Operations.
[FR Doc. 2026-21031 Filed 10-13-26; 8:45 am]
BILLING CODE 7590-01-P
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