[Federal Register Volume 79, Number 23 (Tuesday, February 4, 2014)]
[Notices]
[Pages 6657-6658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02317]
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NUCLEAR REGULATORY COMMISSION
[NRC-2012-0268]
Introduction--Part 2, Standard Review Plan for the Review of
Safety Analysis Reports for Nuclear Power Plants: Light-Water Small
Modular Reactor Edition
AGENCY: Nuclear Regulatory Commission.
ACTION: Standard review plan section; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
final revision to the following section of NUREG-0800, ``Standard
Review Plan for the Review of Safety Analysis Reports for Nuclear Power
Plants: LWR Edition.'' The final revision is the Standard Review Plan
(SRP), ``Introduction--Part 2, Standard Review Plan for the Review of
Safety Analysis Reports for Nuclear Power Plants: Light-Water Small
Modular Reactor Edition.''
DATES: The effective date of this SRP update is March 6, 2014.
ADDRESSES: Please refer to Docket ID NRC-2012-0268 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-2012-0268. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual 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 final revision for
``Introduction--Part 2, Standard Review Plan for the Review of Safety
Analysis Reports for Nuclear Power Plants: Light-Water Small Modular
Reactor Edition'' is available in ADAMS under Accession No.
ML13207A315.
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.
The NRC posts its issued staff guidance on the NRC's
external Web page at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/.
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:
mailto:[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On January 22, 2013 (78 FR 4477), the NRC published for public
comment the initial issuance of ``Introduction--Part 2, Standard Review
Plan for the Review of Safety Analysis Reports for Nuclear Power
Plants: Integral Pressurized Water Reactor (iPWR) Edition.''
[[Page 6658]]
Comment submissions were received on the proposed revision (ADAMS
Accession No. ML12142A237).
The NRC staff made several changes to the proposed revision after
consideration of the comments. The scope of use of the new introduction
has been expanded to include any type of application under Part 52 of
Title 10 of the Code of Federal Regulations (10 CFR): early site
permits (ESPs), design certifications (DCs), standard design approvals
(SDAs), combined licenses (COLs), or manufacturing licenses (MLs).
Additionally, throughout the document, the use of the term ``iPWR''
(integral pressurized water reactor) has been replaced by ``SMR''
(small modular reactor) for consistency. Finally, the historical
summary paragraph related to SECY-11-0156 was removed as it did not
directly apply to the guidance in the new part of the introduction.
A summary of the public comments and the NRC staff's disposition of
the comments are available in a separate document, Response to Public
Comments on Draft SRP, ``Introduction--Part 2'' (ADAMS Accession No.
ML13207A309). The ADAMS Accession Number for the Nuclear Energy
Institute letter and comments is ML13091A017.
II. Backfitting and Issue Finality
Issuance of this final SRP section 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 10 CFR part 52. The
NRC staff's position is based upon the following considerations:
1. The SRP positions do not constitute backfitting, inasmuch as the
SRP is internal guidance directed at the NRC staff with respect to
their regulatory responsibilities.
The SRP provides 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 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. 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 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 staff does not
currently intend to impose the positions represented in this SRP
section in a manner that is inconsistent with any issue finality
provisions of 10 CFR part 52. If in the future the NRC staff does
indeed intend to impose positions inconsistent with these issue
finality provisions, the NRC staff must address the regulatory criteria
for avoiding issue finality.
3. The NRC staff has no intention to impose the 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 SRP section to existing (already issued) licenses
(e.g., operating licenses and combined licenses) and regulatory
approvals--in this case, design certifications. Hence, the issuance of
this SRP guidance 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 SRP 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.
III. 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 28th day of January 2014.
For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, Division of Advanced Reactors and Rulemaking,
Office of New Reactors.
[FR Doc. 2014-02317 Filed 2-3-14; 8:45 am]
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