NRC exempts Westinghouse from design certification renewal rule

The regulator first certified the AP1000 design in 2006. That certification is valid until 2046. 

Under current rules, companies can only apply for the renewal of a design certificate "not less than 12 nor more than 36 months before the expiration of the initial 40-year period".

On 7 April, Westinghouse submitted a request to the Nuclear Regulatory Commission (NRC) seeking a 40-year renewal of the certification while incorporating design changes approved during the construction and licensing of Vogtle Units 3 and 4, many of which represented departures from the original certified design. The submittal of Revision 20 of the AP1000 Design Control Document (DCD) to the NRC is part of Westinghouse's strategic plan to enable a fleet-scale deployment of the advanced AP1000 modular reactor and support President Donald Trump's vision to build a US fleet of large nuclear reactors, the company said. In order to apply for the early renewal of the AP1000 design certification (DC), Westinghouse submitted a request for exemption from the scheduling requirements of 10 CFR 52.57(a).

On 27 April, the NRC staff determined the exemption request contained sufficient information for the NRC staff to initiate a detailed technical review and accepted the exemption request for docketing. This exemption request has been considered separately from the AP1000 design certification renewal request and associated amendment.

The NRC has now determined that, pursuant to relevant regulation, "the exemption is authorised by law, will not present an undue risk to the public health and safety, and is consistent with the common defence and security". It noted that delaying submission of the AP1000 design certification renewal application until 2043 could lead to inefficiencies for both the NRC staff and applicants in connection with future combined licence application submittals that reference the AP1000 design certification.

"Therefore, the Commission hereby grants Westinghouse a one-time exemption from the requirement in 10 CFR 52.57(a) that an application for renewal of a DC must be submitted not less than 12 nor more than 36 months before expiration of the initial 40-year period, such that Westinghouse may apply for renewal of the AP1000 DC more than 36 months before the expiration of the initial 40-year period," the NRC said in a Federal Registry entry.

In addition to the Vogtle units, Westinghouse says four AP1000 reactors are currently in operation in China, with 12 additional reactors under construction. The design has been localised in China as the CAP1000.