[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Notices]
[Pages 48727-48728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19308]
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NUCLEAR REGULATORY COMMISSION
[NRC-2013-0160]
Proposed Revisions to Design of Structures, Components, Equipment
and Systems
AGENCY: Nuclear Regulatory Commission.
ACTION: Standard review plan-draft section revision; request for
comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting
public comment on the following sections in Chapter 3, ``Design of
Structures, Components, Equipment, and Systems'' and soliciting public
comment on NUREG-0800, ``Standard Review Plan for the Review of Safety
Analysis Reports for Nuclear Power Plants: LWR Edition,'' Section 3.9.3
``ASME Code Class 1, 2, and 3 Components, and Component Supports, and
Core Support Structures.''
DATES: Comments must be filed no later than September 9, 2013. Comments
received after this date will be considered, if it is practical to do
so, but the Commission is able to ensure consideration only for
comments received on or before this date.
ADDRESSES: You may access information and comment submissions related
to this document, which the NRC possesses and is publicly available, by
searching on http://www.regulations.gov under Docket ID NRC-2013-0160.
You may submit comments by any of the following methods:
Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0160. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected].
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: 3WFN 06A44M, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Jonathan DeGange, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-6992 or email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2013-0160 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document, which the NRC possesses
and is publicly available, by any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0160.
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 ADAMS Accession numbers
for the redline document comparing the current revision and the
proposed revision are available in ADAMS under Accession Nos.: Section
3.9.3, Proposed Revision 1 (ML12334A360), Current Revision 0
(ML070430397), Redline (ML12341A203).
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, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2013-0160 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information in comment submissions that you do not want to be publicly
disclosed. The NRC posts all comment submissions at http://www.regulations.gov as well as enters the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information in their comment submissions
that they do not want to be publicly disclosed. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
II. Further Information
The NRC seeks public comment on the proposed revisions to this
section. In respect of this revision, details of specific changes are
included at the end of the revised section, and are shown in the
description of changes.
The changes to this Standard Review Plan (SRP) Chapter reflect the
current staff review methods and practices based on lessons learned
from NRC reviews of design certification and combined license
applications completed since the last revision of this chapter.
These sections have been updated to reflect the guidance provided
in SRP 3.12 for Generic Issue 89 on stiff pipe clamps (ADAMS Accession
No. ML101720320), as well as in SRP Section 3.9.6 for the operational
readiness of snubbers (ADAMS Accession No. ML070720041), and review
interfaces have been updated accordingly. Terms have been revised from
``Operability'' and ``Operability Assurance'' to ``Operational
Readiness'' for consistency with other SRP sections, including the
title of Appendix A, Section 5. Subsection 3.9.3.III.1 and Table 1 in
Appendix A were revised to correct discussion of the operating-basis
earthquake for new reactors. Additional references were also added to
the references section. Accession numbers for the redline document
comparing the current revision with the proposed revision are included
in the Supplementary Information section.
The NRC staff is issuing this notice to solicit public comments on
the revised SRP Sections in Chapter 3. After the NRC staff considers
any public comments, it will make a determination regarding the revised
SRP Sections in Chapter 3.
Backfitting and Issue Finality
Issuance of this draft SRP, if finalized, would not constitute
Backfitting as defined in 10 CFR 50.109, or otherwise be inconsistent
with the issue finality
[[Page 48728]]
provisions in 10 CFR Part 52. The staff's position is based upon the
following considerations.
1. The draft SRP positions, if finalized, do not constitute
Backfitting, in as much as the SRP is internal guidance to NRC staff.
The SRP provides interim guidance to the staff on how to review an
application for NRC regulatory approval in the form of licensing.
Changes in internal staff guidance are not matters for which applicants
or licensees are protected under 10 CFR 50.109 or issue finality
provisions in 10 CFR Part 52.
2. Backfitting and issue finality--with certain exceptions
discussed below--do not protect current or future applicants.
Applicants and potential applicants are not, with certain
exceptions, protected by either the Backfit Rule or any issue finality
provisions under 10 CFR Part 52. This is because neither the Backfit
Rule nor the issue finality provisions under 10 CFR Part 52--with
certain exclusions discussed below--were intended to every NRC action
which substantially changes the expectations of current and future
applicants.
The exceptions to the general principle are applicable whenever an
applicant references a 10 CFR Part 52 license (e.g., an early site
permit) and/or NRC regulatory approval (e.g., a design certification
rule) with specified issue finality provisions. The staff does not, at
this time, intend to impose the positions represented in the draft SRP
section (if finalized) in a manner that is inconsistent with any issue
finality provisions. If, in the future, the staff seeks to impose a
position in the draft SRP section (if finalized) in a manner which does
not provide issue finality as described in the applicable issue
finality provision, then the staff must make address the criteria for
avoiding issue finality as described in the applicable issue finality
provision.
3. The staff has no intention to impose the draft SRP positions on
existing nuclear power plant licenses or regulatory approvals either
now or in the future (absent a voluntary request for change from the
licensee, holder of a regulatory approval, or a design certification
applicant). The staff does not intend to impose or apply the positions
described in the draft SRP section to existing (already issued)
licenses (e.g., operating licenses and combined licenses) and
regulatory approvals--in this case, design certifications. Hence, the
draft SRP--even if considered guidance which is within the purview of
the issue finality provisions in 10 CFR Part 52-- need not be evaluated
as if it were a Backfit or as being inconsistent with issue finality
provisions. If, in the future, the staff seeks to impose a position in
the draft SRP (if finalized) on holders of already issued licenses in a
manner which does not provide issue finality as described in the
applicable issue finality provision, then the staff must make the
showing as set forth in the Backfit Rule, or address the criteria for
avoiding issue finality as described in the applicable issue finality
provision, as applicable.
Dated at Rockville, Maryland, this 27th day of June 2013.
For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief Policy Branch, Division of Advanced Reactors and Rulemaking,
Office of New Reactors.
[FR Doc. 2013-19308 Filed 8-8-13; 8:45 am]
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