[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Pages 51217-51218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18390]
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NUCLEAR REGULATORY COMMISSION
[NRC-2016-0045]
Steam Generator Materials and Design
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 Section 5.4.2.1, ``Steam Generator Materials and
Design,'' of NUREG-0800, ``Standard Review Plan [SRP] for the Review of
Safety Analysis Reports for Nuclear Power Plants: LWR [Light Water
Reactor] Edition.'' Revision 4 to Section 5.4.2.1 of the SRP reflects
current NRC review methods and practices based on lessons learned from
NRC reviews of design certification and combined license applications
completed since the last revision of this section.
DATES: The effective date of Revision 4 to Section 5.4.2.1 of the SRP
is September 2, 2016.
ADDRESSES: Please refer to Docket ID NRC-2016-0045 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-2016-0045. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individuals 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]. A
mark-up showing the Revision 4 changes made to SRP Section 5.4.2.1, and
the final revision of SRP Section 5.4.2.1, Revision 4, are available in
ADAMS under Accession Nos. ML16147A298 and ML16147A289.
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 NUREG-0800 is available on the NRC's public Web site
at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/.
FOR FURTHER INFORMATION CONTACT: Carolyn Lauron, telephone: 301-415-
2736, email: [email protected]; or Mark Notich, telephone: 301-
415.3053, 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 April 22, 2016 (81 FR 23762), the NRC published for public
comment the proposed revisions to SRP Section 5.4.2.1. The NRC received
no comments on the proposed revisions. Therefore, the NRC is issuing
Revision 4 to Section 5.4.2.1 of the SRP in final form for use. There
have been minor editorial changes to this section since its issuance in
proposed form for public comment. Details of the specific changes are
included at the end of the revised section, under the subsection
titled, ``Description of Changes.''
Revision 4 to Section 5.4.2.1 of the SRP reflects current NRC
review methods and practices based on lessons learned from NRC reviews
of design certification and combined license applications completed
since the last revision of this section.
II. Backfitting and Finality Provisions
Issuance of this revised SRP section does not constitute
backfitting as defined in Sec. 50.109 of title 10 of the Code of
Federal Regulations (10 CFR), ``Backfitting,'' (the Backfit Rule) or
[[Page 51218]]
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 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 NRC staff on how to review an
application for the NRC's regulatory approval in the form of licensing.
Changes in internal NRC 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
current 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 (already issued) licenses and
regulatory approvals. Therefore, the issuance of a final SRP--even if
considered guidance that 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 NRC 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 NRC 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. This is because neither the Backfit
Rule nor the issue finality provisions under 10 CFR part 52--with
certain exclusions discussed in the next paragraph--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 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 NRC staff seeks to impose a position in the SRP in a
manner which does not provide issue finality as described in the
applicable issue finality provision, then the NRC staff must address
the criteria for avoiding issue finality as described in the applicable
issue finality provision.
III. Congressional Review Act
This SRP section revision 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 July 2016.
For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, New Reactor Rulemaking and Guidance Branch, Division of
Engineering, Infrastructure, and Advanced Reactors, Office of New
Reactors.
[FR Doc. 2016-18390 Filed 8-2-16; 8:45 am]
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