NRC More than Doubles Duration of Reactor Design Certifications

Morgan Lewis - Up & Atom
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Morgan Lewis - Up & Atom

The US Nuclear Regulatory Commission (NRC) recently issued a direct final rule extending the duration of design certifications (DCs) for nuclear reactors from 15 to 40 years. The rule will automatically go into effect on September 15, 2025, unless the NRC receives significant adverse comments from the public.

DCs can be used as an important step in the licensing process for a new reactor. DCs function independently of an application to construct or operate a nuclear power plant, meaning that DC approval does not alone authorize the construction or operation of a plant. Rather, upon certification by the NRC, the design is incorporated into the US Code of Federal Regulations and may be used in applications for combined licenses or construction permits and operating licenses for nuclear power plants at different locations, generating significant economies of scale. Effectively, an application to construct or operate a plant may refer to an existing DC in order to take advantage of reviews previously completed by the NRC, though such an application would still need to address certain site-specific issues.

The rule amends existing regulations to revise the duration of DCs. More specifically, the rule would replace the current 15-year duration period for initial DCs and renewals with a 40-year duration period. The new duration would apply to DCs currently in effect as well as future DC applications, including renewals. The proposed rule would not apply to two expired DCs and it would not modify, rescind, or impose new requirements on the certification information in an existing standard DC.

The rule aims to reduce unnecessary regulatory burdens on applicants and save the industry and the NRC’s resources without compromising safety or security. The NRC estimates that the rule will result in cost savings of over $55 million over a 65-year analysis period.

The public has until August 1, 2025, to file any comments regarding the rule. As long as no “significant adverse comments” are made, the new NRC rule will go into effect on September 15, 2025.

Summer associate Stefan Petrovic contributed to this blog post.

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