[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]
 BILLING CODE 7590-01-P