[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Notices]
[Pages 57141-57143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22733]
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NUCLEAR REGULATORY COMMISSION
[NRC-2014-0203]
Proposed Revisions to Conduct of Operations
AGENCY: Nuclear Regulatory Commission.
ACTION: Standard review plan-draft section revision; request for
comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is revising the
following sections and soliciting public comment on the following
sections in Chapter 13, ``Conduct of Operations,'' of NUREG-0800,
``Standard Review Plan for the Review of Safety Analysis Reports for
Nuclear Power Plants: LWR Edition,'' Section 13.1.1, ``Management and
Technical Support Organization''; Section 13.1.2-13.1.3, ``Operating
Organization''; Section 13.2.1, ``Reactor Operator Requalification
Program; Reactor Operator Training''; Section 13.2.2, ``Non-licensed
Plant Staff Training''; Section 13.5.1.1, ``Administrative Procedures--
,General''; and Section 13.5.2.1, ``Operating and Emergency Operating
Procedures.''
DATES: Submit comments by November 24, 2014. Comments received after
this date will be considered, if it is practical to do so, but the
Commission is only 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
[[Page 57142]]
for Docket ID NRC-2014-0203. 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, 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 ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Jonathan DeGange, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-6992 or email to: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2014-0203 when contacting the NRC
about the availability of information regarding this document. You may
obtain 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-2014-0203.
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]. For the convenience of the
reader, instructions about obtaining materials referenced in this
document are provided in the ``Availability of Documents'' section.
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-2014-0203 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.
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. Availability of Documents
The ADAMS accession numbers for the current revisions, proposed
draft revisions, and redline strikeouts comparing current revisions and
the proposed revisions of individual sections are available in ADAMS
under the following accession numbers:
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SRP Section Current revision Draft revision Redline strikeout
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13.1.1............................ ML070460302 MB13311B662 ML13330B669
13.1.2-13.1.3..................... ML070250009 ML13311B719 ML13330B690
13.2.1............................ ML070100636 ML13311B565 ML13330B645
13.2.2............................ ML070100637 ML14030A091 ML14051A028
13.5.1.1.......................... ML112730402 ML13115A067 ML13115A093
13.5.2.1.......................... ML070100635 ML13311B514 ML13311B773
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III. Further Information
The NRC seeks public comments on the proposed revision of Standard
Review Plan (SRP) Sections 13.1.1, 13.1.2-13.1.3, 13.2.1, 13.2.2,
13.5.1.1, and 13.5.2.1. The changes to SRP Chapter 13 reflect the
current staff reviews, methods and practices based on lessons learned
from the NRC's reviews of design certification and combined license
applications completed since the last revision of this chapter. The
draft SRP sections, if finalized, would 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 conduct of operations. The draft SRP sections
would also provide 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.
Following the NRC staff's evaluation of public comments, the NRC
intends to finalize the revised SRP Sections 13.1.1, 13.1.2-13.1.3,
13.2.1, 13.2.2, 13.5.1.1, and 13.5.2.1 in ADAMS and post the revised
sections on the NRC's public Web site at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/. The SRP is guidance for the NRC
staff. The SRP is not a substitute for the NRC's regulations, and
compliance with the SRP is not required.
IV. Backfitting and Issue Finality
Issuance of the draft SRP sections, 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, do not constitute
backfitting, inasmuch as the SRP is internal guidance to NRC staff.
The SRP provides interim 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 applicants
or licensees are protected under 10 CFR 50.109 or issue finality
provisions in 10 CFR part 52.
2. Backfitting and issue finality--with certain exceptions
discussed below--do not protect current or future applicants.
[[Page 57143]]
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 provisions under 10 CFR part 52--with
certain exclusions discussed below--was intended to apply to every
NRC's 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 draft SRP sections (if finalized) 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 sections (if
finalized) 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.
3. The staff has no intention to impose the draft SRP positions on
existing nuclear power plant licenses or regulatory approvals either
now or in the future (absent a voluntary request for change from the
licensee, holder of a regulatory approval, or a design certification
applicant).
The staff does not intend to impose or apply the positions
described in the draft SRP sections to existing (already issued)
licenses (e.g., operating licenses and combined licenses) and
regulatory approvals. Hence, the draft SRPs--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 draft SRPs (if finalized)
on holders of already issued licenses 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, as applicable.
Dated at Rockville, Maryland, this 12th day of September, 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. 2014-22733 Filed 9-23-14; 8:45 am]
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