[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Notices]
[Pages 45496-45497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18507]


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NUCLEAR REGULATORY COMMISSION

[NRC-2013-0148]


Light Load Handling System and Refueling Cavity Design

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan-final section revision; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
final revision to NUREG-0800, ``Standard Review Plan (SRP) for the 
Review of Safety Analysis Reports for Nuclear Power Plants: LWR 
Edition,'' Section 9.1.4, ``Light Load Handling System and Refueling 
Cavity Design.''

DATES: The effective date of this Standard Review Plan (SRP) update is 
September 4, 2014.

ADDRESSES: Please refer to Docket ID NRC-2013-0148 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0148. 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 at [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 the SRP Section 9.1.4, ``Light Load 
Handling System and Refueling Cavity Design,'' is available in ADAMS 
under Accession No. ML13318A923. A redline strikeout comparing the 
proposed revision to the final revision can be found in ADAMS under 
Accession No. ML13318A954. The responses to public comments can be 
found in ADAMS under Accession No. ML13318A795.
     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 (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, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On July 11, 2013 (78 FR 41810), the NRC published for public 
comment the proposed revisions to this section of the SRP. The staff 
made changes to the proposed revision after consideration of comments 
received. A summary of the comments and the staff's disposition of the 
comments are available in a separate document, ``Response to Public 
Comments on Draft SRP Section 9.1.4'' (ADAMS Accession No. 
ML13318A795).
    The changes to this SRP chapter reflect current staff review 
methods and practices based on lessons learned from NRC's reviews of 
design certification and combined license applications completed since 
the last revision of this chapter. This chapter has been updated 
primarily to reflect operating experience associated with IE Bulletin 
84-03, ``Refueling Cavity Water Seal'' (ADAMS Accession No. 
ML082700127).

II. Backfitting and Issue Finality

    Issuance of this final SRP section does not constitute backfitting 
as defined in Sec.  50.109 of Title 10 of the Code of Federal 
Regulations (10 CFR) (the Backfit Rule) and is not otherwise 
inconsistent with the issue finality provisions in 10 CFR part 52. The 
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. The NRC staff has no intention to impose the SRP positions on 
current licensees and regulatory approvals either now or in the future.
    The staff does not intend to impose or apply the positions 
described in the SRP to existing (already issued) licenses and 
regulatory approvals. Hence, the issuance of a final 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 SRP on holders 
of already issued holders of licenses SRP 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.
    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. This is because neither the Backfit 
Rule nor the issue finality

[[Page 45497]]

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 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 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.

III. Congressional Review Act

    This action is a rule as defined in the Congressional Review Act (5 
U.S.C. 801-808). However, the Office of Management and Budget has not 
found it to be a major rule as defined in the Congressional Review Act.

    Dated at Rockville, Maryland, this 24th day of July, 2014.

    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, New Reactor Rulemaking and Guidance Branch, Division of Advanced 
Reactors and Rulemaking, Office of New Reactors.
[FR Doc. 2014-18507 Filed 8-4-14; 8:45 am]
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