REGDOC-1.1.2, Licence Application Guide: Licence to Construct a Reactor Facility, Version 2 - Public consultation

This regulatory document is part of the CNSC’s reactor facilities series of regulatory documents, which also covers site suitability and licence application guides for other lifecycle stages for reactor facilities. The full list of regulatory document series is included at the end of this document and can also be found on the CNSC’s website.

Regulatory document REGDOC-1.1.2, Licence Application Guide: Licence to Construct a Nuclear Reactor Facility sets out requirements and guidance on submitting an application to the CNSC to obtain a licence to construct a reactor facility in Canada, and identifies the information that should be included in the application.

This document is the second version. It will be used to assess licence applications for proposed new reactor facilities. Once the Commission has granted a licence, the safety and control measures described in the licence application and the documents needed to support the application will form part of the licensing basis.

For information on the implementation of regulatory documents and on the graded approach, see REGDOC-3.5.3, Regulatory Fundamentals.

The words “shall” and “must” are used to express requirements to be satisfied by the licensee or licence applicant. “Should” is used to express guidance or that which is advised. “May” is used to express an option or that which is advised or permissible within the limits of this regulatory document. “Can” is used to express possibility or capability.

Nothing contained in this document is to be construed as relieving any licensee from any other pertinent requirements. It is the licensee’s responsibility to identify and comply with all applicable regulations and licence conditions.

Introduction

Purpose

This licence application guide identifies the information to be provided in support of an application for a licence to construct a reactor facility. It sets out requirements and guidance on submitting an application to the Canadian Nuclear Safety Commission (CNSC) to obtain a licence.

By following the information in this regulatory document, applicants will submit the appropriate information to demonstrate that they are qualified and will make adequate provision for the protection of the environment, the health and safety of persons and the maintenance of national security and measures required to implement international obligations to which Canada has agreed.

Scope

This document will be used:

• by applicants to prepare a licence application for a licence to construct a proposed new reactor facility at a new or existing site
• by CNSC staff to assess the licence application 

Where appropriate, this document may be used in conjunction with REGDOC‑1.1.5, Supplemental Information for Small Modular Reactor Proponents [1].

Note: This application guide covers facility design, construction and fuel-out commissioning. It also provides information that should be considered in planning for operation.

Relevant legislation

The following provisions of the Nuclear Safety and Control Act (NSCA, the Act) and the regulations made under it are relevant to this document:

• NSCA, subsection 24(4) and paragraphs 26(a) and (e)
• General Nuclear Safety and Control Regulations (GNSCR), subsection 3(1.1)

Other relevant sections of the regulations made under the NSCA are included in the content of this document. Appendix A maps a list of relevant clauses from the NSCA and the regulations made under the NSCA to the related sections of this licence application guide.

The applicant must also comply with all applicable laws and regulations at all jurisdictional levels.

Note: This regulatory document includes select requirements that are based on the NSCA and the regulations made under the NSCA. While each section of the regulatory document addresses select requirements related to the safety and control area (SCA) or other topic of regulatory interest being discussed, applicants are responsible for ensuring that all requirements under the NSCA and regulations for the proposed activities are addressed in an application.

National and international standards

Key principles and elements used in developing this document are consistent with national and international standards.

CNSC contact information

A single point of contact from the CNSC is assigned to work with every licensee or applicant. This point of contact can provide the licensee or applicant with additional information or explanation of the information contained within this document.

The applicant should contact the CNSC early in the licence application process, and request the name and contact information of the single point of contact assigned to the licence application.

To contact the CNSC, refer to the CNSC’s website.

Licensing Basis, Process and Submission

This section provides information on the licensing basis and application process, including completing and submitting the licence application.

Background

Under the Nuclear Safety and Control Act (NSCA), the CNSC does not certify a reactor design. The following activities may be licensed:

·      site preparation for the purpose of constructing or operating a reactor facility

·      construction of a reactor facility

·      operation of a reactor facility

·      decommissioning of a reactor facility

·      abandonment of a reactor facility

Licenses can be combined to permit multiple activities. The applicant shall address all regulatory requirements pertaining to each stage of the reactor facility’s lifecycle in the licence application.

In most cases, policies, programs, processes, procedures and other safety and control measures developed at the lifecycle phase of site preparation will continue to be used, and will be adapted to support construction and commissioning activities and future facility operation.

Licensing basis

The licensing basis sets the boundary conditions for a regulated activity, and establishes the basis for the CNSC’s compliance program for that regulated activity. The concept of the licensing basis is explained in REGDOC‑3.5.3, Regulatory Fundamentals [2].

The applicant shall notify CNSC staff of any conflicts between elements of the licensing basis for the proposed licence (for example, conflicts between provincial and federal legislation).

CNSC staff will review both the application and the supporting documentation, and assess whether the information is acceptable. If the Commission issues a licence, the information describing the safety and control measures will form part of the licensing basis.

Licensing process

REGDOC 3.5.1, Licensing Process for Class I Nuclear Facilities and Uranium Mines and Mills [3], clarifies the licensing process in the context of the NSCA.

In addition to the information provided in this licence application guide (REGDOC‑1.1.2), the CNSC may request additional information by sending supplemental, facility-specific guidance to the applicant prior to the beginning of the licensing process.

The licensing process is initiated when the applicant submits a licence application. The CNSC may request additional information from the applicant, even if the application generally conforms to the guidelines provided in this document. Applicants should ensure they have included sufficiently detailed information to allow the licensing process to proceed efficiently; early engagement with CNSC staff is encouraged.

Note: The information provided in this document does not prevent applicants from proposing alternative ways to meet a requirement. However, any proposed alternative should appropriately reflect the complexities and hazards of the proposed activities, and must be demonstrated by supporting information.

Structuring the licence application

The application may be completed in either of Canada's official languages (English or French).

This licence application guide describes the expected safety and control measures, organized by the CNSC's safety and control area (SCA) framework. The CNSC uses SCAs as the technical topics to assess, review, verify and report on regulatory requirements and performance across all regulated facilities and activities, as follows (see appendix B):

·       management system

·       human performance management

·       operating performance

·       safety analysis

·       physical design

·       fitness for service

·       radiation protection

·       conventional health and safety

·       environmental protection

·       emergency management and fire protection

·       waste management

·       security

·       safeguards and non-proliferation

·       packaging and transport

Each of the 14 SCAs is further divided into specific areas that cover topics addressed in a complete assessment and review.

The applicant may choose to organize the information in any structure. However, the applicant is encouraged to organize the licence application according to the CNSC's SCA framework so as to facilitate the CNSC's review. If the application does not follow the order and organization of SCAs as shown above, the applicant should map the application to the CNSC's SCA framework. References to more detailed supporting documentation may be included in the application.

Appendix C provides the review objectives for an application for a licence to construct a reactor facility. These objectives assist in integrating individual reviews into an overall assessment of the adequacy of a licence application.