[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Notices]
[Pages 25628-25629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10217]


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NUCLEAR REGULATORY COMMISSION

[NRC-2014-0099]


Proposed Revision 0 to Fitness-for-Duty--Construction

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan-draft new section; request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting 
public comment on draft NUREG-0800, ``Standard Review Plan for the 
Review of Safety Analysis Reports for Nuclear Power Plants: LWR 
Edition,'' Section 13.7.2, ``Fitness for Duty--Construction.'' The NRC 
seeks comments on the proposed new section of the Standard Review Plan 
(SRP), concerning implementation of a Fitness-for-Duty (FFD) program 
during construction. The current SRP does not contain guidance on the 
review of an applicant's proposed construction FFD program.

DATES: Comments must be filed no later than July 7, 2014. 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 comments 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-2014-0099. 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.
     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: Wesley W. Held, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone at 301-415-1583 or email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2014-0099 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-2014-0099.
     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 the proposed new section of the SRP, Section 13.7.2, ``Fitness for 
Duty--Construction,'' is available in ADAMS under accession no. 
ML113270035.
     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-2014-0099 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 will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.

[[Page 25629]]

    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 submissions. 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 new section of SRP 
13.7.2. This section has been developed to assist NRC staff with the 
review of applications for certain construction permits, early site 
permits, licenses, license amendments, and combined licenses and to 
inform new reactor applicants and other affected entities of proposed 
SRP guidance regarding an acceptable method by which to evaluate a 
proposed FFD program for compliance with Part 26 of Title 10 of the 
Code of Federal Regulations (10 CFR).
    Following NRC staff evaluation of public comments, the NRC intends 
to finalize SRP 13.7.2, Revision 0 in ADAMS and post on the NRC's 
public Web site within the link for NUREG-0800. The SRP is guidance for 
the NRC staff. The SRP is not a substitute for the NRC regulations, and 
compliance with the SRP is not required.

III. Backfitting and Issue Finality

    Issuance of this draft SRP, if finalized, would not constitute 
backfitting as defined in 10 CFR 50.109 (the Backfit Rule) or otherwise 
be inconsistent with the issue finality provisions in 10 CFR Part 52. 
The NRC's position is based upon the following considerations.
    1. The draft SRP positions, if finalized, 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 draft SRP to existing licenses and regulatory 
approvals. Hence, the issuance of a final SRP--even if considered 
guidance within the purview of the issue finality provisions in 10 CFR 
Part 52--would 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) 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 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 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.


    Dated at Rockville, Maryland, this 22nd day of April 2014.

    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, Division of Advanced Reactors and Rulemaking, 
Office of New Reactors.
[FR Doc. 2014-10217 Filed 5-2-14; 8:45 am]
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