[Federal Register Volume 77, Number 174 (Friday, September 7, 2012)]
[Pages 55231-55232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22078]




Japan Lessons-Learned Project Directorate Interim Staff Guidance 
JLD-ISG-2012-02; Compliance With Order EA-12-050, Order Modifying 
Licenses With Regard to Reliable Hardened Containment Vents

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 Interim 
Staff Guidance (JLD-ISG), JLD-ISG-2012-02, ``Compliance with Order EA-
12-050, Order Modifying Licenses With Regard to Reliable Hardened 
Containment Vents'' (Agencywide Documents Access and Management System 
(ADAMS) Accession No. ML12229A475). 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 mitigate challenges to key safety functions. These requirements are 
contained in Order EA-12-050, ``Order Modifying Licenses with Regard to 
Reliable Hardened Containment Vents'' (ADAMS Accession No. 

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and are publically 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-2012-0069. 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-2012-02 is 
available under ADAMS Accession No. ML12229A475.
     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-2012-02.

FOR FURTHER INFORMATION CONTACT: Mr. Robert J. Fretz, Japan Lessons-
Learned Project Directorate, Office of Nuclear Reactor Regulation, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 
301-415-1980; email: [email protected].


II. Background Information

    JLD-ISG-2012-02 is being issued to describe methods acceptable to 
the NRC staff for complying with Order EA-12-050, ``Order Modifying 
Licenses with Regard to Reliable Hardened Containment Vents (Effective 
Immediately)'' (Order EA-12-050), issued March 12, 2012. The ISG is not 
a substitute for the requirements in Order EA-12-050, and compliance 
with this ISG not required.
    The NRC issued Order EA-12-050 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-12-050 
requires licensees to implement requirements relating to reliable 
hardened venting systems at boiler water reactor (BWR) facilities with 
Mark I and Mark II containment designs. Order EA-12-050 also specified 
that the NRC staff would issue final interim staff guidance in August 
2012 to provide additional information on acceptable approaches for 
complying with the Order.
    Numerous public meetings were held to receive stakeholder input on 
the proposed requirements for reliable hardened vents prior to issuance 
of Order EA-12-050. Following issuance of the Order, additional public 
meetings were held with representatives from the BWR Owners' Group and 
public stakeholders to discuss development of the guidance for 
compliance with Order EA-12-050. On June 7, 2012 (77 FR 33777), the NRC 
requested public comments on draft JLD-ISG-12-02. The

[[Page 55232]]

staff received comments from five commenters which were considered in 
the development of the final JLD-ISG-12-02. The questions, comments and 
staff resolutions of those comments are contained in ``NRC Responses to 
Public Comments, Japan Lessons-Learned Project Directorate Interim 
Staff Guidance, JLD-ISG-2012-02: Compliance with Order EA-12-050, Order 
Modifying Licenses with Regard to Reliable Hardened Containment 
Vents,'' which can be found in ADAMS as Accession No. ML122229A477.

Backfitting and Issue Finality

    This ISG does not constitute backfitting as defined in Title 10 of 
the Code of Federal Regulations (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-12-050, which 
was issued as ensuring adequate protection under the provisions of the 
backfit rule. Applicants and licensees may voluntarily use the guidance 
in JLD-ISG-2012-02 to demonstrate compliance with Order EA-12-050. 
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 EA-12-050.

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. 2012-22078 Filed 9-6-12; 8:45 am]