[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Pages 39162-39163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16741]


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NUCLEAR REGULATORY COMMISSION

[NRC-2013-0225]


Physical Security--Review of Physical Security System Designs--
Standard Design Certification and Operating Reactor Licensing 
Applications

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 a 
final revision to the following section of NUREG-0800, ``Standard 
Review Plan for the Review of Safety Analysis Reports for Nuclear Power 
Plants: LWR Edition,'' Section 13.6.2, ``Physical Security--Review of 
Physical Security System Designs--Standard Design Certification and 
Operating Reactor Licensing Applications.''

DATES: The effective date of this Standard Review Plan (SRP) update is 
August 7, 2015.

ADDRESSES: Please refer to Docket ID NRC-2013-0225 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-2013-0225. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463;

[[Page 39163]]

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 
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 13.6.2, ``Physical Security--Review of 
Physical Security System Designs--Standard Design Certification and 
Operating Reactor Licensing Applications'' is available in ADAMS under 
Accession No. ML14140A210.
     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: Mark Notich, 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 30, 2013 (78 FR 59981), the NRC published for public 
comment draft Revision 2 of SRP Section 13.6.2, ``Physical Security--
Review of Physical Security System Designs--Standard Design 
Certification and Operating Reactor Licensing Applications.'' This 
section has been developed to assist the NRC staff with the review of 
the physical security system designs for design certification and 
operating reactor license applications and to inform applicants and 
other affected entities of guidance regarding an acceptable method by 
which to evaluate the affected portions of part 73 of Title 10 of the 
Code of Federal Regulations (10 CFR).
    The NRC staff received comment submissions on the proposed 
revision. The NRC staff made several changes to the proposed revision 
after consideration of the comments. The comments are documented 
alongside the NRC staff's responses are available in ADAMS under 
Accession No. ML14140A207. A redline strikeout comparing the proposed 
draft and final revision can be found in ADAMS under Accession No. 
ML14140A208.

II. Backfitting and Issue Finality

    Issuance of this final SRP section does not constitute backfitting 
as defined in 10 CFR 50.109 (the Backfit Rule) and is not otherwise 
inconsistent with the issue finality provisions in 10 CFR part 52. The 
NRC staff's position is based upon the following considerations:
    1. The SRP positions do not constitute backfitting, inasmuch as the 
SRP is internal guidance directed at the NRC staff with respect to 
their regulatory responsibilities.
    The SRP provides 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 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. Backfitting and issue finality--with certain exceptions 
discussed below--do not 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. This is because neither the Backfit 
Rule nor the issue finality provisions were intended to apply to every 
NRC 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 
currently intend to impose the positions represented in this SRP 
section in a manner that is inconsistent with any issue finality 
provisions of 10 CFR part 52. If in the future the NRC staff does 
indeed intend to impose positions inconsistent with these issue 
finality provisions, the NRC staff must address the regulatory criteria 
for avoiding issue finality.
    3. The NRC staff has no intention to impose the 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 SRP section to existing (already issued) licenses 
(e.g., operating licenses and combined licenses) and regulatory 
approvals--in this case, design certifications. Hence, the issuance of 
this SRP guidance 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 SRP 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.

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 29th day of June, 2015.

    For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Acting Chief, New Reactor Rulemaking and Guidance Branch, Division of 
Advanced Reactors and Rulemaking, Office of New Reactors.
[FR Doc. 2015-16741 Filed 7-7-15; 8:45 am]
 BILLING CODE 7590-01-P