[Federal Register Volume 79, Number 156 (Wednesday, August 13, 2014)]
[Notices]
[Pages 47484-47485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19192]
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NUCLEAR REGULATORY COMMISSION
[NRC-2013-0210]
Revisions to NUREG-0800, Chapters 2 and 3
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 final
revisions to the following sections in Chapters 2 and 3 of NUREG-0800,
``Standard Review Plan for the Review of Safety Analysis Reports for
Nuclear Power Plants: LWR Edition,'' Section 2.5.1, ``Basic Geologic
and Seismic Information,'' Section 2.5.2, ``Vibratory Ground Motion,''
Section 2.5.3, ``Surface Faulting,'' Section 2.5.4, ``Stability of
Subsurface Materials and Foundations,'' Section 2.5.5, ``Stability of
Slopes,'' and Section 3.7.4, ``Seismic Instrumentation.''
DATES: The effective date of this Standard Review Plan (SRP) update is
September 12, 2014.
ADDRESSES: Please refer to Docket ID NRC-2013-0210 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-2013-0210. 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 obtain 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 revisions, previously issued draft revisions for
public use and comment, and redline strikeouts comparing final
revisions with draft revisions are available in ADAMS under the
following Accession Nos.:
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SRP section Final revision Draft revision Redline strikeout
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2.5.1............................ ML13316C067 ML12300A231 ML13340A120
2.5.2............................ ML13316C066 ML12301A010 ML14023A174
2.5.3............................ ML13316C064 ML12302A003 ML13340A121
2.5.4............................ ML13311B744 ML12302A004 ML13340A122
2.5.5............................ ML13316C068 ML12302A005 ML13340A123
3.7.4............................ ML13324A570 ML12304A031 ML13340A124
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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 September 9, 2013 (78 FR 55118), the NRC staff published SRP
section 3.7.4 for public comment. Additionally, on September 13, 2013
(78 FR 56749), the NRC staff published SRP sections 2.5.1-2.5.5 for
public comment. The NRC staff received no comments on the proposed
revisions. This guidance is being issued as final for use. 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'' subsections.
II. 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 site
[[Page 47485]]
characteristics and parameters, and deigns of structures, components,
equipment, and systems. 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 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.
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 30th 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. 2014-19192 Filed 8-12-14; 8:45 am]
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