[Federal Register Volume 79, Number 156 (Wednesday, August 13, 2014)]
[Pages 47484-47485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19192]




Revisions to NUREG-0800, Chapters 2 and 3

AGENCY: Nuclear Regulatory Commission.

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


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.:

           SRP section                   Final revision            Draft revision           Redline strikeout
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

    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/.

Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-6992; email: [email protected].


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 
    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 
    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 

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]