[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Notices]
[Pages 45562-45563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18634]
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NUCLEAR REGULATORY COMMISSION
[NRC-2014-0131]
Open Phase Conditions in Electric Power System
AGENCY: Nuclear Regulatory Commission.
ACTION: Branch technical position-final; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
final version of Branch Technical Position (BTP) 8-9, ``Open Phase
Conditions in Electric Power System,'' of NUREG-0800, ``Standard Review
Plan for the Review of Safety Analysis Reports for Nuclear Power
Plants: LWR Edition.''
DATES: The effective date of this Branch Technical Position is August
31, 2015.
ADDRESSES: Please refer to Docket ID NRC-2014-0131 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-2014-0131. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 in this notice (if
that document is available in ADAMS) is provided the first time that a
document is referenced. The final version for BTP 8-9, ``Open Phase
Conditions in Electric Power System,'' is available under ADAMS
Accession No. ML15057A085. A redline strikeout comparing the proposed
and final revision of the document can be found in ADAMS under
Accession No. ML15056A316.
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 D. Notich, Office of New
Reactors,
[[Page 45563]]
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
telephone: 301-415-6992, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 5, 2014 (79 FR 32580), the NRC published for public comment
the proposed version of BTP 8-9, ``Open Phase Conditions in Electric
Power System,'' in Chapter 8, ``Electrical Power,'' of NUREG-0800. The
staff received many comments on the draft BTP. A summary of the
comments and the staff's disposition of the comments are available in a
separate document, ``Response to Public Comments on Draft Standard
Review Plan, BTP 8-9, Open Phase Conditions in Electric Power System''
(ADAMS Accession No. ML15056A521). The BTP is guidance to the NRC Staff
for reviewing applications for licenses for nuclear power reactors
under 10 CFR parts 50 and 52 and amendments to licenses issued under
parts 50 and 52. The NRC Staff intends to reference the BTP in NUREG-
0800 for the same purpose.
II. Backfitting and Issue Finality
Branch Technical Position 8-9 provides 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), ``Domestic Licensing of Production and Utilization
Facilities,'' with respect to compliance with General Design Criteria
17, ``Electric Power Systems,'' of Appendix A, ``General Design
Criteria for Nuclear Power Plants.'' BTP 8-9 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, ``Licenses, Certifications, and Approvals for
Nuclear Power Plants,'' with respect to those same subject matters.
Issuance of BTP 8-9 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 BTP 8-9 Positions Would Not Constitute Backfitting, Inasmuch as
the SRP Is Internal Guidance to NRC Staff
The BTP 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. Application of BTP 8-9 to Existing Licensees
The NRC staff may consider imposing the positions described in the
BTP on existing licenses, the NRC staff will address backfit
considerations in any plant-specific action it takes. If, in the
future, the NRC staff seeks to impose a position in the BTP 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 BTP 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 22nd day of July 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. 2015-18634 Filed 7-29-15; 8:45 am]
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