[Federal Register Volume 73, Number 112 (Tuesday, June 10, 2008)]
[Notices]
[Page 32750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12951]



[[Page 32750]]

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NUCLEAR REGULATORY COMMISSION


Withdrawal of Regulatory Guide

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Withdrawal of Regulatory Guide 1.139.

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FOR FURTHER INFORMATION CONTACT: Stephen C. O'Connor, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-
2169 or e-mail [email protected]

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is withdrawing 
Regulatory Guide 1.139, ``Guidance for Residual Heat Removal,'' which 
the agency issued for comment in May 1978. Regulatory Guide 1.139 
proposed a method acceptable to the NRC staff for complying with 
General Design Criterion (GDC) 34, ``Residual Heat Removal,'' of 
Appendix A, ``General Design Criteria for Nuclear Power Plants,'' to 
Title 10, Part 50, ``Domestic Licensing of Production and Utilization 
Facilities,'' of the Code of Federal Regulations (10 CFR Part 50) with 
regard to actions taken in the control room (see GDC 19, ``Control 
Room'') to remove decay heat and sensible heat after a reactor 
shutdown. The NRC is withdrawing Regulatory Guide 1.139, ``Guidance for 
Residual Heat Removal,'' which the agency issued for comment in May 
1978. Regulatory Guide 1.139 proposed a method acceptable to the NRC 
staff for complying with General Design Criterion (GDC) 34, ``Residual 
Heat Removal,'' of Appendix A, ``General Design Criteria for Nuclear 
Power Plants,'' to Title 10, Part 50, ``Domestic Licensing of 
Production and Utilization Facilities,'' of the Code of Federal 
Regulations (10 CFR Part 50) with regard to actions taken in the 
control room (see GDC 19, ``Control Room'') to remove decay heat and 
sensible heat after a reactor shutdown. The NRC is withdrawing 
Regulatory Guide 1.139 because it describes an overly conservative and 
prescriptive method for complying with the aforementioned criteria. 
Licensees for existing nuclear power plants have proposed alternative 
ways for complying with these criteria that the NRC staff has found to 
be acceptable in individual power plants based on case by case reviews. 
These alternatives were developed by licensees without guidance from 
the NRC. At this time, it also appears unlikely that future applicants 
would need additional guidance from the NRC with regard to how to 
comply with these criteria. As such, Regulatory Guide 1.139 no longer 
provides useful information to licensees or applicants and additional 
guidance in this area is unnecessary.

II. Further Information

    The withdrawal of Regulatory Guide 1.139 does not, in and of 
itself, alter any prior or existing licensing commitments based on its 
use. The guidance provided in this regulatory guide is no longer 
necessary. Regulatory guides may be withdrawn when their guidance is 
superseded by congressional action, the methods or techniques described 
in the regulatory guide no longer describe a preferred approach, or the 
regulatory guide does not provide useful information.
    Regulatory guides are available for inspection or downloading 
through the NRC's public Web site under ``Regulatory Guides'' in the 
NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/doc-collections. Regulatory guides are also available for inspection at the 
NRC's Public Document Room (PDR), Room O-1F21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852-2738. The PDR mailing address 
is U.S. NRC PDR, Washington, DC 20555-0001. The PDR staff can be 
reached by telephone at 301-415-4737 or 800-397-4209, by fax at 301-
415-3548, or by e-mail to [email protected].
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

    Dated at Rockville, Maryland, this 4th day of June 2008.
    For the Nuclear Regulatory Commission.
Stephen C. O'Connor,
Acting Chief, Regulatory Guide Development Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
 [FR Doc. E8-12951 Filed 6-9-08; 8:45 am]
BILLING CODE 7590-01-P