[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Pages 18261-18262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07709]


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NUCLEAR REGULATORY COMMISSION

[NRC-2013-0161]


Missiles Generated by Extreme Winds

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan- section revision; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
final revision to the following section in Chapter 3 of NUREG-0800, 
``Standard Review Plan (SRP) for the Review of Safety Analysis Reports 
for Nuclear Power Plants: LWR Edition,'' Section 3.5.1.4, ``Missiles 
Generated by Extreme Winds.''

DATES: The effective date of this Standard Review Plan revision is May 
4, 2015.

ADDRESSES: Please refer to Docket ID NRC-2013-0161 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-2013-0161. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual(s) 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 
ADAMS Public Documents collection 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 (if it available in 
ADAMS) is provided the first time that a document is referenced. The 
final revision for SRP Section 3.5.1.4, ``Missiles Generated by Extreme 
Winds,'' is available in ADAMS under Accession No. ML14190A180. The 
previously issued draft revision for public comment is available in 
ADAMS under Accession No. ML13043A004.
     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, telephone: 301-415-
6992; email: [email protected], or Nishka Devaser, telephone: 
301-415-5196; email: [email protected], both are staff of the 
Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 8, 2013 (78 FR 48503), the NRC staff published for public 
comment the proposed revision to SRP Section 3.5.1.4, ``Missiles 
Generated by Extreme Winds.'' The staff received no comments on the 
proposed revision. The staff is issuing the guidance in final form for 
use. There have been no changes made to the guidance since it was 
issued in proposed form for public comment. Details of specific changes 
between current SRP guidance and the revised guidance 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

    This SRP section revision provides guidance to the NRC 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 the impacts of external missiles generated by 
tornadoes and extreme winds. 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 this final 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 the 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 and regulatory approvals 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

[[Page 18262]]

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 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 24th day of March, 2015. 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. 2015-07709 Filed 4-2-15; 8:45 am]
 BILLING CODE 7590-01-P