[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)]
[Notices]
[Pages 44054-44055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15951]


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NUCLEAR REGULATORY COMMISSION

[NRC-2015-0106]


Standard Review Plan for Renewal of Specific Licenses and 
Certificates of Compliance for Dry Storage of Spent Nuclear Fuel

AGENCY: Nuclear Regulatory Commission.

ACTION: NUREG; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing NUREG-
1927, Revision 1, ``Standard Review Plan for Renewal of Specific 
Licenses and Certificates of Compliance for Dry Storage of Spent 
Nuclear Fuel.'' The NUREG provides guidance to the NRC staff for the 
safety review of renewal applications for specific licenses of 
independent spent fuel storage installations (ISFSIs) and certificates 
of compliance of spent fuel dry storage systems.

ADDRESSES: Please refer to Docket ID NRC-2015-0106 when contacting the 
NRC about the availability of information regarding this document. You 
may access 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-2015-0106. 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 (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     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.

FOR FURTHER INFORMATION CONTACT: Kristina Banovac, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-7116, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Discussion

    The NRC staff is issuing NUREG-1927, Revision 1 (ADAMS Accession 
No. ML16179A148), to provide greater detail and clarity for the various 
elements of the staff's safety review of renewal applications for 
specific ISFSI licenses and certificates of compliance of spent fuel 
dry storage systems.
    Through the development of NUREG-1927, Revision 1, the staff 
engaged with stakeholders in public meetings to obtain input on 
potential changes to the guidance. The staff developed the draft NUREG-
1927, Revision 1, which addressed the staff's recent review experience 
with spent fuel storage renewal reviews and the valuable input received 
from stakeholders. The draft NUREG-1927, Revision 1, was published for 
public comment on July 7, 2015 (80 FR 38780). The staff considered 
public comments received on the draft guidance in preparing the final 
NUREG-1927, Revision 1. The public comments are located in ADAMS under 
Accession No. ML15356A560. The staff also prepared responses to the 
public comments (ADAMS Accession No. ML16125A534).

II. Backfitting and Issue Finality Provisions

    NUREG-1927, Revision 1, provides guidance to the NRC staff for the 
safety review of renewal applications for specific ISFSI licenses and 
certificates of compliance of spent fuel dry storage systems. This 
revision to NUREG-1927 does not present a new staff position, but only 
clarifies and expands upon information previously provided. Issuance of 
this NUREG would not constitute backfitting as defined in the 
backfitting provisions in section 72.62 of title 10 of the Code of 
Federal Regulations (10 CFR), which are applicable to specific ISFSI 
licensees. Issuance of the NUREG would also not constitute backfitting 
under 10 CFR 50.109, or otherwise be inconsistent with the issue 
finality provisions in 10 CFR part 52, which are applicable to general 
ISFSI licensees using the certificates of compliance. The NRC's 
position is based upon the following considerations.
    1. The NUREG positions do not constitute backfitting, inasmuch as 
the NUREG is internal guidance directed at the NRC staff with respect 
to their regulatory responsibilities.
    The NUREG provides guidance to the staff on how to review an 
application for the NRC's regulatory approval in the form of licensing. 
Changes in internal staff guidance are not matters for which ISFSI 
applicants or general ISFSI licensees using certificates of compliance 
are protected under the backfitting provisions in 10 CFR 72.62 and 10 
CFR 50.109, or the issue finality provisions of 10 CFR part 52.
    2. The NRC staff has no intention to impose the NUREG positions on 
existing licensees and regulatory approvals, either now or in the 
future.
    The staff does not intend to impose or apply the positions 
described in the NUREG to existing (already issued) licenses and 
regulatory approvals. Therefore, the issuance of this NUREG--even if 
considered guidance which is within the purview of the issue finality 
provisions in part 52--need not be

[[Page 44055]]

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 NUREG 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 backfitting provisions in 10 CFR 72.62 and 10 CFR 50.109, 
or address the criteria for avoiding issue finality as described in the 
applicable issue finality provision in 10 CFR part 52.
    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 the backfitting provisions in 10 CFR 72.62 or 
10 CFR 50.109, or any issue finality provisions under part 52. This is 
because neither of the backfitting provisions in parts 72 and 50, nor 
the issue finality provisions under part 52--with certain exclusions 
discussed below--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 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. However, the matters 
address in this NUREG are not subject matters or issues for which issue 
finality protection is provided.

III. Congressional Review Act

    This NUREG 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 28 day of June 2016.

    For the Nuclear Regulatory Commission.
Anthony H. Hsia,
Deputy Director, Division of Spent Fuel Management, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 2016-15951 Filed 7-5-16; 8:45 am]
 BILLING CODE 7590-01-P