[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Notices]
[Pages 59732-59733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23610]
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NUCLEAR REGULATORY COMMISSION
[NRC-2013-0041]
Revisions to Design of Structures, Components, Equipment, and
Systems
AGENCY: Nuclear Regulatory Commission.
ACTION: Standard review plan, sections; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing final
revisions to the following sections in Chapter 3, ``Design of
Structures, Components, Equipment and Systems'' of NUREG-0800,
``Standard Review Plan for the Review of Safety Analysis Reports for
Nuclear Power Plants: LWR Edition,'' Section 3.7.2, ``Seismic System
Analysis,'' Section 3.7.3, ``Seismic Subsystem Analysis,'' Section
3.8.1, ``Concrete Containment,'' Section 3.8.3, ``Concrete and Steel
Internal Structures of Steel or Concrete Containments,'' Section 3.8.4,
``Other Seismic Category I Structures,'' and Section 3.8.5,
``Foundations.''
DATES: The effective date of this Standard Review Plan (SRP) update is
October 28, 2013.
ADDRESSES: Please refer to Docket ID NRC-2013-0041 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-2013-0041. 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.
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 number
for each document referenced in this notice (if that document is
available in ADAMS) is provided the first time that a document is
referenced. The final revision for Section 3.7.2, ``Seismic System
Analysis,'' (Accession No. ML13198A223); Section 3.7.3, ``Seismic
Subsystem Analysis,'' (Accession No. ML13198A239); Section 3.8.1,
``Concrete Containment,'' (Accession No. ML13198A245); Section 3.8.3,
``Concrete and Steel Internal Structures of Steel or Concrete
Containments,'' (Accession No. ML13198A250); Section 3.8.4, ``Other
Seismic Category I Structures,'' (Accession No. ML13198A258); and
Section 3.8.5, ``Foundations,'' (Accession No. ML13198A267) are
available in ADAMS. The staff also prepared the redline versions of
these Chapter 3 sections showing the differences between the proposed
and the final SRP sections for Section 3.7.2 (Accession No.
ML13214A076); Section 3.7.3 (Accession No. ML13214A078); Section 3.81
(ADAMS Accession No. ML13214A081); Section, 3.8.3 (Accession No.
ML13214A083); Section 3.8.4, (Accession No. ML13214A088); and Section
3.8.5, (Accession No. ML13214A096).
The NRC posts its issued staff guidance on the NRC's external Web
page: http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/
FOR FURTHER INFORMATION CONTACT: Mr. Jonathan DeGange, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-6992; email: [email protected].
SUPPLEMENTARY INFORMATION: On March 1, 2013 (73 FR 13911), the NRC
published for public comment the proposed revisions to sections in
Chapter 3, ``Design of Structures, Components, Equipment, and Systems''
and solicited public comment on NUREG-0800, ``Standard Review Plan for
the Review of Safety Analysis Reports for Nuclear Power Plants: LWR
Edition,'' Section 3.7.1, ``Seismic Design Parameters,'' Section 3.7.2,
``Seismic System Analysis,'' Section 3.7.3, ``Seismic Subsystem
Analysis,'' Section 3.8.1, ``Concrete Containment,'' Section 3.8.3,
``Concrete and Steel Internal Structures of Steel Or Concrete
Containments,'' Section 3.8.4, ``Other Seismic Category I Structures,''
and Section 3.8.5, ``Foundations.'' The NRC staff received comments on
the suggested revisions, and the comments are documented in a public
comment resolution matrix in ADAMS under Accession No. ML13198A234. The
guidance is now being issued final for use. The nature of how public
comments were addressed in the final revision can be seen in the
changes suggested in the ``NRC Staff Resolution'' column of the public
comment table. Details of specific changes between current SRP guidance
and the final guidance being issued here are included at the end of
each of the revised sections themselves under the ``Description of
Changes'' sections.
Due to a high number of public comments received on SRP Section
3.7.1, ``Seismic Design Parameters,'' the NRC staff made many changes
to this section. This section will be re-issued for draft public
comment at a later date.
Backfitting and Issue Finality
These SRP section revisions provide guidance to the staff for
reviewing applications for a construction permit and an operating
license under part 50 of Title 10 of the Code of Federal Regulations
(10 CFR) with respect to seismic system analysis, seismic subsystem
analysis, concrete containment, concrete and steel internal structures
of steel or concrete containments, other seismic Category I structures,
and foundations. The SRP also provides guidance for reviewing an
application for a standard design approval, a standard design
certification, a combined license, and a manufacturing license under 10
CFR part 52 with respect to those same subject matters.
Issuance of these SRP section revisions does not constitute
backfitting as defined in 10 CFR 50.109 (the Backfit
[[Page 59733]]
Rule) nor is it inconsistent with the issue finality provisions in 10
CFR part 52. The NRC's position is based upon the following
considerations.
1. The SRP positions would not constitute backfitting, inasmuch as
the SRP is internal guidance to NRC staff.
The SRP provides internal guidance to the NRC 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
either nuclear power plant applicants or licensees are protected under
either the Backfit Rule or the issue finality provisions of 10 CFR part
52.
2. The NRC staff has no intention to impose the SRP positions on
existing licensees either now or in the future.
The NRC staff does not intend to impose or apply the positions
described in the SRP to existing licenses and regulatory approvals.
Hence, the issuance of this SRP--even if considered guidance within the
purview of the issue finality provisions in 10 CFR part 52--does not
need to be evaluated as if it were a backfit or as being inconsistent
with issue finality provisions. If, in the future, the NRC staff seeks
to impose a position in the SRP on holders of already issued licenses
in a manner that 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.
3. Backfitting and issue finality do not--with limited exceptions
not applicable here--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. Neither the Backfit Rule nor the issue
finality provisions under 10 CFR part 52--with certain exclusions--were
intended to apply to every NRC action that 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) 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 SRP in a manner that is
inconsistent with any issue finality provisions. If, in the future, the
staff seeks to impose a position in the SRP section in a manner that
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.
Congressional Review Act
In accordance with the Congressional Review Act, the NRC has
determined that this action is not a major rule and has verified this
determination with the Office of Information and Regulatory Affairs of
the Office of Management and Budget.
Dated at Rockville, Maryland, this 18th day of September 2013.
For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, Division of Advanced Reactors and Rulemaking,
Office of New Reactors.
[FR Doc. 2013-23610 Filed 9-26-13; 8:45 am]
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