[Federal Register Volume 77, Number 174 (Friday, September 7, 2012)]
[Pages 55232-55233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22069]




Japan Lessons-Learned Project Directorate Interim Staff Guidance 
JLD-ISG-2012-03; Compliance With Order EA-12-051, Order Modifying 
Licenses With Regard to Reliable Spent Fuel Pool Instrumentation

AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: Japan Lessons-Learned Project Directorate Interim Staff 
Guidance; issuance.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
is issuing the Final Japan Lessons-Learned Project Directorate (JLD) 
Interim Staff Guidance (ISG), JLD-ISG-2012-03, ``Compliance with Order 
EA-12-051, Order Modifying Licenses with Regard to Reliable Spent Fuel 
Pool Instrumentation'' (Agencywide Documents Access and Management 
System (ADAMS) Accession No. ML12221A339). This JLD-ISG provides 
guidance and clarification to assist nuclear power reactors applicants 
and licensees with the identification of measures needed to comply with 
requirements to install enhanced spent fuel pool monitoring capability. 
These requirements are contained in Order EA-12-051, ``Order Modifying 
Licenses with Regard to Reliable Spent Fuel Pool Instrumentation,'' 
(ADAMS Accession No. ML12054A679).

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and are publicly available, 
by searching on http://www.regulations.gov under Docket ID NRC-2012-
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0067. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly-available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS 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 [email protected]. The JLD-ISG-2012-03 is 
available under ADAMS Accession No. ML12221A339.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852.
     NRC's Interim Staff Guidance Web Site: Go to http://www.nrc.gov/reading-rm/doc-collections/isg/japan-lessons-learned.html 
and refer to JLD-ISG-2012-03.

FOR FURTHER INFORMATION CONTACT: Mrs. Lisa M. Regner, Japan Lessons-
Learned Project Directorate, Office of Nuclear Reactor Regulation, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 
301-415-1906; email: [email protected].


II. Background Information

    JLD-ISG-2012-03 is being issued to describe to the public methods 
acceptable to the Nuclear Regulatory Commission (NRC) staff for 
complying with Order EA-12-051, ``Order Modifying Licenses With Regard 
to Reliable Spent Fuel Pool Instrumentation (Effective Immediately)'' 
(Order EA-12-051), issued March 12, 2012. This ISG endorses with 
clarifications and exceptions, the methodologies described in the 
industry guidance document, Nuclear Energy Institute (NEI) 12-02, 
Industry Guidance for Compliance with NRC Order EA-12-051, ``To Modify 
Licenses With Regard to Reliable Spent Fuel Pool Instrumentation'' (NEI 
12-02), Revision 1 (ADAMS Accession No. ML122400399). The ISG is not a 
substitute for the requirements in Order EA-12-051, and compliance with 
this ISG is not required.
    The NRC issued Order EA-12-051 following the NRC staff's evaluation 
of the earthquake and tsunami, and resulting nuclear accident, at the 
Fukushima Dai-ichi nuclear power plant in March 2011. Order EA-12-051 
requires all licensees and construction permit (CP) holders to provide 
safety enhancements in the form of reliable spent fuel pool 
instrumentation for beyond-design-basis external events. Order EA-12-
051 also specified that the NRC staff would issue final interim staff 
guidance in August 2012 to provide additional details on an acceptable 
approach for complying with Order EA-12-051.
    Numerous public meetings were held to receive stakeholder input on 
the proposed requirement for spent fuel pool instrumentation 
enhancements prior to issuance of Order EA-12-051. Following issuance 
of Order EA-12-051, several more public meetings were held with 
representatives from the NEI task force and public stakeholders to 
discuss development of the guidance for

[[Page 55233]]

compliance with Order EA-12-051. On June 7, 2012 (77 FR 33780), the NRC 
requested public comments on draft JLD-ISG-12-03. The staff received 
comments from seven stakeholders, and these were considered in the 
development of the final JLD-ISG-12-03. The questions, comments and 
staff resolutions of those comments are contained in ``NRC Responses to 
Public Comments,'' for JLD-ISG-2012-03, which can be found in ADAMS at 
Accession No. ML122221A319.

Backfitting and Issue Finality

    This ISG does not constitute backfitting as defined in 10 CFR 
50.109 (the Backfit Rule) and is not otherwise inconsistent with the 
issue finality provisions in Part 52, ``Licenses, Certifications, and 
Approvals for Nuclear Power Plants,'' of 10 CFR. This ISG provides 
guidance on an acceptable method for implementing the requirements 
contained in Order EA-12-051, which was issued under an administrative 
exemption to the backfit rule and the issue finality requirements in 10 
CFR 52.63 and 10 CFR Part 52, Appendix D, Paragraph VIII. Applicants 
and licensees may voluntarily use the guidance in JLD-ISG-2012-03 to 
demonstrate compliance with Order EA-12-051. Methods or solutions that 
differ from those described in this ISG may be deemed acceptable if 
they provide sufficient basis and information for the NRC staff to 
verify that the proposed alternative demonstrates compliance with Order 

Congressional Review Act

    This interim staff guidance is a rule as designated in the 
Congressional Review Act (5 U.S.C. 801-808). OMB has found that this is 
not a major rule in accordance with the Congressional Review Act.

    Dated at Rockville, Maryland, this 29th day of August 2012.

    For the Nuclear Regulatory Commission.
John D. Monninger,
Associate Director, Japan Lessons-Learned Project Directorate, Office 
of Nuclear Reactor Regulation.
[FR Doc. 2012-22069 Filed 9-6-12; 8:45 am]