[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Notices]
[Pages 45497-45498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18515]
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NUCLEAR REGULATORY COMMISSION
[NRC-2013-0179]
Maintenance Rule
AGENCY: Nuclear Regulatory Commission.
ACTION: Standard review plan--final section; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
final revision to Section 17.6, ``Maintenance Rule,'' of NUREG-0800,
``Standard Review Plan for the Review of Safety Analysis Reports for
Nuclear Power Plants: LWR Edition.''
DATES: The effective date of this Standard Review Plan (SRP) update is
September 4, 2014.
ADDRESSES: Please refer to Docket ID NRC-2013-0179 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-2013-0179. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individuals 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 Standard Review Plan (SRP)
Section17.6, ``Maintenance Rule,'' is available under ADAMS Accession
No. ML14099A044. A redline strikeout comparing the proposed and final
revision of the document can be found in ADAMS under Accession No.
ML14099A053.
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: 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:
I. Background
On August 8, 2013 (78 FR 48504), the NRC published for public
comment the proposed SRP Section 17.6, ``Maintenance Rule,'' in Chapter
17, ``Quality Assurance,'' of NUREG-0800. The staff received a total of
six comments on the draft section. 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 Standard Review Plan,
Section 17.6, Maintenance Rule'' (ADAMS Accession No. ML14099A033).
II. Backfitting and Issue Finality
SRP Section 17.6 provides 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 compliance with the Maintenance Rule, 10 CFR 50.65 and the
guidance in Nuclear Management and Resources Council 93-01 as approved
for use by the NRC in Regulatory Guide 1.160. SRP Section 17.6 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 this SRP section revision does not constitute
backfitting as defined in 10 CFR 50.109 (the Backfit 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.
[[Page 45498]]
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.
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 22nd day of July, 2014.
For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, New Reactor Rulemaking and Guidance Branch,
Office of New Reactors.
[FR Doc. 2014-18515 Filed 8-4-14; 8:45 am]
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