[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Proposed Rules]
[Pages 69446-69448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24189]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 /
Proposed Rules
[[Page 69446]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[NRC-2004-0006, NRC-2002-0018]
RIN 3150-AH29
Risk-Informed Changes to Loss-of-Coolant Accident Technical
Requirements
AGENCY: Nuclear Regulatory Commission.
ACTION: Rulemaking activity; discontinuation.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is discontinuing
a rulemaking activity titled, ``Risk-Informed Changes to Loss-Of-
Coolant Accident Technical Requirements.'' The purpose of this action
is to inform members of the public of the discontinuation of this
rulemaking and to provide a brief discussion of the NRC's decision to
discontinue it. This rulemaking activity will no longer be reported in
the NRC's portion of the Unified Agenda of Regulatory and Deregulatory
Actions (the Unified Agenda).
DATES: Effective October 6, 2016, the rulemaking activity discussed in
this document is discontinued.
ADDRESSES: Please refer to Docket ID NRC-2004-0006 for the rulemaking
and Docket ID NRC-2002-0018 for the petition for rulemaking (PRM), PRM-
50-75, 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-2004-0006 for the
rulemaking and Docket ID NRC-2002-0018 for PRM-50-75. 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 document
(if that document is available in ADAMS) is provided the first time
that a document is referenced.
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: Robert Beall, Office of Nuclear
Reactor Regulations, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3874; email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Process for Discontinuing Rulemaking Activities
III. Discussion
IV. Petition for Rulemaking (PRM-50-75)
V. Conclusion
I. Background
In SECY-16-0009, ``Recommendations Resulting from the Integrated
Prioritization and Re-Baselining of Agency Activities,'' dated January
31, 2016 (ADAMS Accession No. ML16028A189), the NRC staff requested
Commission approval to implement recommendations on work to be shed,
de-prioritized, or performed with fewer resources. One of the items
listed to be shed (i.e., discontinued) was a rulemaking titled, ``Risk-
Informed Changes to Loss-Of-Coolant Accident Technical Requirements,''
that would have amended Sec. 50.46 of title 10 of the Code of Federal
Regulations (10 CFR), ``Acceptance criteria for emergency core cooling
systems (ECCS) for light-water nuclear power reactors'' (50.46a ECCS
rulemaking). In the Staff Requirements Memorandum (SRM) for SECY-16-
0009, dated April 13, 2016 (ADAMS Accession No. ML16104A158), the
Commission approved discontinuing the 50.46a ECCS rulemaking, and
directed the NRC staff to publish a Federal Register notice to inform
the public that the rule is being discontinued.
A discussion of the NRC's decision to discontinue the rulemaking on
``Risk-Informed Changes to Loss-Of-Coolant Accident Technical
Requirements'' is provided in Section III of this document.
II. Process for Discontinuing Rulemaking Activities
When the NRC staff identifies a rulemaking activity that can be
discontinued, it will request, through a Commission paper, approval
from the Commission to discontinue the rule. The Commission provides
its decision by issuing an SRM. If the Commission approves
discontinuing the rulemaking activity, the NRC staff will inform the
public of the Commission's decision.
A rulemaking activity may be discontinued at any stage of the
rulemaking process. For a rulemaking activity that has received public
comments, the NRC staff will consider those comments before
discontinuing it; however, the NRC staff will not provide individual
comment responses.
After Commission approval to discontinue the rulemaking activity,
the NRC staff will update the next edition of the Unified Agenda to
indicate that the rulemaking is discontinued. The rulemaking activity
will appear in the completed section of that edition of the Unified
Agenda, but will not appear in subsequent editions.
III. Discussion
In the SRM for SECY-02-0057,\1\ ``Update to SECY-01-0133, `Fourth
Status Report on Study of Risk-Informed Changes to the Technical
Requirements of 10 CFR part 50 (Option 3) and Recommendations on Risk-
Informed Changes to 10 CFR 50.46 (ECCS Acceptance Criteria),' '' dated
March 31, 2003 (ADAMS Accession No.
[[Page 69447]]
ML030910476), the Commission directed the NRC staff to prepare a
proposed rule that would provide a risk-informed alternative maximum
loss-of-coolant accident (LOCA) break size. On June 9, 2003, and July
24, 2003, the NRC staff held two public meetings \2\ to obtain
stakeholder feedback on this proposed rule. As a result of these
interactions, the NRC staff found differences between the stated
Commission objectives and industry stakeholder interests.
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\1\ SECY-02-0057, ``Update to SECY-01-0133, `Fourth Status
Report on Study of Risk-Informed Changes to the Technical
Requirements of 10 CFR part 50 (Option 3) and Recommendations on
Risk-Informed Changes to 10 CFR 50.46 (ECCS Acceptance Criteria),'
'' dated March 29, 2002 (ADAMS Accession No. ML020660607).
\2\ Meeting Summaries: June 9, 2003 (ADAMS Accession No.
ML031810178), and July 24, 2003 (ADAMS Accession No. ML032130059).
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To reach a common understanding of the objectives of the
rulemaking, the NRC staff requested additional Commission direction in
SECY-04-0037, ``Issues Related to Proposed Rulemaking to Risk-Inform
Requirements Related to Large Break Loss-of-Coolant Accident (LOCA)
Break Size and Plans for Rulemaking on LOCA with Coincident Loss-of-
Offsite Power,'' dated March 3, 2004 (ADAMS Accession No. ML040490133).
The Commission directed the NRC staff in the SRM for SECY-04-0037,
dated July 1, 2004 (ADAMS Accession No. ML041830412), to determine an
appropriate risk-informed alternative break size and remove breaks
larger than this size from the design-basis event category.
In SECY-05-0052, ``Proposed Rulemaking for `Risk-Informed Changes
to Loss-of-Coolant Accident Technical Requirements,' '' dated March 29,
2005 (ADAMS Accession No. ML050480172), the NRC staff provided a
proposed rule to the Commission for approval. In the SRM for SECY-05-
0052, dated July 29, 2005 (ADAMS Accession No. ML052100416), the
Commission approved publication of the proposed rule.
On November 7, 2005, the NRC published the proposed rule in the
Federal Register (70 FR 67597). After evaluating the public comments,
the NRC staff completed the draft final rule language.
On October 31 and November 1, 2006, the NRC staff met with the
Advisory Committee on Reactor Safeguards (ACRS) to discuss the draft
final rule. In a letter dated November 16, 2006 (ADAMS Accession No.
ML063190465), the ACRS recommended that the NRC staff not issue the
rule in its current form and suggested numerous changes, primarily to
strengthen the assurance of defense-in-depth provided for large pipe
breaks.
The NRC staff evaluated the ACRS recommendations and, in SECY-07-
0082, ``Rulemaking to Make Risk-Informed Changes to Loss-of-Coolant
Accident Technical Requirements; 10 CFR 50.46a, `Alternative Acceptance
Criteria for Emergency Core Cooling Systems for Light Water Nuclear
Power Reactors,' '' dated May 16, 2007 (ADAMS Accession No.
ML070180692), sought additional Commission direction on both the
priority of the rule and the issues raised by the ACRS. In the SRM for
SECY-07-0082, dated August 10, 2007 (ADAMS Accession No. ML072220595),
the Commission approved the NRC staff's recommendations for a revised
rule priority and an approach for addressing ACRS concerns and
completing the final rule.
The NRC staff modified the rule by making numerous substantive
changes in the draft final rule. The NRC published a supplemental
proposed rule for public comment on August 10, 2009 (74 FR 40006). The
NRC staff evaluated the public comments received on the supplemental
proposed rule and prepared a revised draft final rule. The draft final
rule language was made publicly available on May 12, 2010, in the
rulemaking docket on www.regulations.gov (NRC-2004-0006). The NRC staff
prepared the final draft rule and discussed it in meetings with the
ACRS subcommittee and full committee on September 22 and October 7,
2010. The ACRS provided its views on the rule to the Commission in a
letter dated October 20, 2010 (ADAMS Accession No. ML102850279).
In SECY-10-0161, ``Final Rule: Risk-Informed Changes to Loss-of-
Coolant Accident Technical Requirements (10 CFR 50.46(a)) (RIN 3150-
AH29),'' dated December 10, 2010 (ADAMS Accession No. ML102210460), the
NRC staff submitted a final rulemaking package to the Commission for
approval. The Commission's review of the final rule was suspended to
address higher-priority issues associated with the March 2011 Fukushima
Dai-ichi accident. On April 20, 2012, the NRC staff requested to
withdraw the 50.46a ECCS final rule from Commission consideration so
that the NRC staff could review the rule and ensure its compatibility
with the ongoing regulatory framework activities under Recommendation 1
of the Fukushima Near-Term Task Force report (ADAMS Accession No.
ML111861807). The Commission approved the NRC staff's request in the
SRM for SECY-10-0161, dated April 26, 2012 (ADAMS Accession No.
ML12117A121).
In SECY-16-0009, the NRC staff recommended that the 50.46a ECCS
rulemaking be discontinued. Based on interactions with the nuclear
industry, the NRC staff understood that there were concerns with the
potential implementation burden of the rule. The NRC staff's Regulatory
Analysis for the 50.46a ECCS final rule (ADAMS Accession No.
ML103230250) discussed the comments submitted by the Boiling Water
Reactor Owners Group which conveyed that it would be extremely
difficult to evaluate the cost-benefit due to uncertainties about the
true cost of adopting the 50.46a ECCS rule. Furthermore, at a public
meeting on the Risk Management Regulatory Framework paper, certain
industry representatives indicated that the industry would not be
interested in implementing the final rule.
As explained in SECY-16-0009, this rule would be voluntary if
issued, so licensees could choose to not implement the requirements.
Therefore, the NRC staff believes that there is minimal adverse impact
on the NRC's mission, principles, or values by discontinuing this
rulemaking. In the SRM for SECY-16-0009, the Commission approved the
NRC staff's recommendation to discontinue this rulemaking.
In summary, the NRC has decided not to proceed with this rulemaking
activity because there is minimal adverse impact on our mission,
principles, or values and the industry has indicated that there may not
be much interest in implementing the final rule.
IV. Petition for Rulemaking (PRM-50-75)
On February 6, 2002, Anthony R. Pietrangelo, on behalf of the
Nuclear Energy Institute (NEI), filed PRM-50-75 requesting that the NRC
amend 10 CFR 50.46 to allow licensees to use an alternative to the
double-ended guillotine break of the largest pipe in the reactor
coolant system (ADAMS Accession No. ML020630082). On April 8, 2002 (67
FR 16654), the NRC published a notice of receipt and request for public
comment for PRM-50-75. The comment period closed on June 24, 2002, and
the NRC received 18 comment letters (ADAMS Accession No. ML082460625).
The NRC staff determined that the issues raised in PRM-50-75 were
appropriate for consideration and, in fact, the issues were already
being considered in the 50.46a ECCS rulemaking. On November 6, 2008,
the NRC published a Federal Register document (73 FR 66000) stating
that the NRC would address the substantive comments filed in PRM-50-75
as part of the 50.46a ECCS rulemaking. In SECY-16-0009, the staff
recommended discontinuing the 50.46a
[[Page 69448]]
ECCS rulemaking and stated that PRM-50-75 would be addressed by
alternative means. The NRC will issue a separate Federal Register
document to disposition PRM-50-75.
V. Conclusion
The NRC is no longer pursuing the ``Risk-Informed Changes to Loss-
Of-Coolant Accident Technical Requirements'' rulemaking for the reasons
discussed in this document. In the next edition of the Unified Agenda,
the NRC will update the entry for this rulemaking and reference this
document to indicate that the 50.46a ECCS rulemaking is no longer being
pursued. This rulemaking activity will appear in the completed section
of that edition of the Unified Agenda, but will not appear in
subsequent editions. If the NRC decides to pursue a similar or related
rulemaking in the future, it will inform the public through a new
rulemaking entry in the Unified Agenda.
Dated at Rockville, Maryland, this 13th day of September 2016.
For the Nuclear Regulatory Commission.
Victor M. McCree,
Executive Director for Operations.
[FR Doc. 2016-24189 Filed 10-5-16; 8:45 am]
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