[Federal Register Volume 78, Number 174 (Monday, September 9, 2013)]
[Notices]
[Pages 55118-55119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21848]


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NUCLEAR REGULATORY COMMISSION

[NRC-2013-0202]


Seismic Instrumentation for Nuclear Power Plants

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) seeks public 
comments on the proposed revisions to the following section 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 3.7.4, ``Seismic Instrumentation.''

DATES: Submit comments by October 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 submit comment by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0202. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact 
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Mail comments to: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch (RADB), Office of Administration, 
Mail Stop: 3WFN, 06-44M, 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 section of this document.

FOR FURTHER INFORMATION CONTACT: Jonathan DeGange, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-415-6992, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2013-0202 when contacting the NRC 
about the availability of information regarding this document. You may 
access publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0202.
     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 
3.7.4 Proposed Revision 3 (ML12304A031), Current Revision 2 
(ML070460349) and Redline (ML12304A035).
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One

[[Page 55119]]

White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2013-0202 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 that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering 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 that they do not want to be 
publicly disclosed in their comment submission. 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 Office of New Reactors and Office of Nuclear Reactor Regulation 
proposes to revise Section 3.7.4 in Chapter 3 of NUREG-0800, ``Standard 
Review Plan for the Review of Safety Analysis Reports for Nuclear Power 
Plants: LWR Edition'' (SRP, from the current Revision 2 to a new 
Revision 3).
    The proposed changes to this SRP section reflect 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. Changes included a 
clarification that a transfer function is needed between elevation of 
the definition of the operating basis earthquake and the location of 
the seismic instrumentation, and a clarification that suitable seismic 
instrumentation promptly evaluates the seismic response of safety-
related or risk-significant plant features after an earthquake.
    The NRC staff requests public comments on the proposed revisions to 
SRP Section 3.7.4 in Chapter 3. After the NRC staff considers any 
public comments, it will make a determination regarding the issuance of 
the proposed SRP Section 3.7.4 in final form.

Backfitting and Issue Finality

    This draft SRP section, if finalized, would provide guidance to the 
staff with respect to seismic instrumentation when reviewing future 
applications for construction permits and operating licenses under part 
50 of Title 10 of the Code of Federal Regulations (10 CFR). The draft 
SRP would also provide guidance for reviewing an and future 
applications for standard design approvals, standard design 
certifications, and combined licenses under 10 CFR part 52 with respect 
to those same subject matters. The NRC staff does not intend to impose 
the positions in the draft SRP sections, if finalized, on the two 
existing OL applications, the current applications for design 
certification rules, the current applications for early site permits, 
the two current holders of combined licenses, or the current 
applications for combined licenses. Issuance of this draft SRP section, 
if finalized, would not constitute backfitting as defined in 10 CFR 
50.109, or otherwise be inconsistent with the issue finality 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, inasmuch 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 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 apply 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 NRC 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 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 NRC 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 applicable issue finality 
provision, as applicable.
    The NRC staff is issuing this notice to solicit public comments on 
the proposed SRP Section in Chapter 3. After the NRC staff considers 
any public comments, it will make a determination regarding the 
proposed SRP Section in Chapter 3.

    Dated at Rockville, Maryland, this 26th day of August, 2013.

    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, Division of Advanced Reactors and Rulemaking, 
Office of New Reactors.
[FR Doc. 2013-21848 Filed 9-6-13; 8:45 am]
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