[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Notices]
[Pages 76633-76634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26524]


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NUCLEAR REGULATORY COMMISSION

[NRC-2016-0224]


Restart of a Nuclear Power Plant Shut Down by a Seismic Event

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory guide; request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment draft regulatory guide (DG) DG-1337, ``Restart of a 
Nuclear Power Plant Shut Down by a Seismic Event.'' It represents 
proposed Revision 1 of Regulatory Guide (RG) 1.167. The guide describes 
methods acceptable to the NRC staff that can be used to demonstrate 
that a nuclear power plant is safe for restarting after a shutdown 
caused by a seismic event.

DATES: Submit comments by January 3, 2017. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to ensure consideration only for comments received on or before 
this date. Although a time limit is given, comments and suggestions in 
connection with items for inclusion in guides currently being developed 
or improvements in all published guides are encouraged at any time.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specified subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0224. 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.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-

[[Page 76634]]

0001. For additional direction on accessing information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Thomas Weaver, telephone: 301-415-
2383, email: [email protected] and Edward O'Donnell, telephone: 
301-415-3317 email: [email protected]. Both are staff of the 
Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0224 when contacting the NRC 
about the availability of information regarding this action. You may 
obtain publically-available information related to this action, by any 
of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0224.
     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 
DG is electronically available in ADAMS under Accession No. 
ML16182A321.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2016-0224 in your comment submission. 
The NRC cautions you not to include identifying or contact information 
that you do not want to be publicly disclosed in your comment 
submission. The NRC posts all comment submissions at http://www.regulations.gov as well as enters the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Additional Information

    The NRC is issuing for public comment a DG in the NRC's 
``Regulatory Guide'' series. This series was developed to describe and 
make available to the public information regarding methods that are 
acceptable to the NRC staff for implementing specific parts of the 
NRC's regulations, techniques that the staff uses in evaluating 
specific issues or postulated events, and data that the staff needs in 
its review of applications for permits and licenses.
    The DG, entitled ``Restart of a Nuclear Power Plant Shut Down by a 
Seismic Event,'' is a proposed revised guide temporarily identified by 
its task number, DG-1337. The proposed revision of RG 1.167 describes 
methods acceptable to the NRC staff that can be used to demonstrate 
that a nuclear power plant is safe for restarting after a shutdown 
caused by a seismic event. It incorporates lessons learned following 
the shutdown of nuclear power plants due to earthquake ground shaking 
and post-earthquake evaluations since Revision 0 was issued in 1997. 
They include experience gained through the shutdown and restart process 
of the North Anna nuclear power plant following the Mineral, Virginia 
earthquake in 2011. It endorses, with some exceptions, sections of ANS/
ANSI-2.23-2016, ``Nuclear Power Plant Response to an Earthquake,'' that 
relate to post-shutdown inspections and tests, inspection criteria, 
documentation, and long-term evaluations. The guidance includes an 
action level matrix to direct actions based on the earthquake level and 
observed damage levels at a nuclear power plant.

III. Backfitting and Issue Finality

    DG-1337 describes methods acceptable to the NRC staff that can be 
used to demonstrate that a nuclear power plant is safe for restarting 
after a shutdown caused by a seismic event. Issuance of this DG, if 
finalized, would not constitute backfitting as defined in 10 CFR 50.109 
(the Backfit Rule) and would not otherwise be inconsistent with the 
issue finality provisions in 10 CFR part 52. As discussed in the 
``Implementation'' section of this DG, the NRC has no current intention 
to impose this guide, if finalized, on holders of current operating 
licenses or combined licenses.
    This DG may be applied to applications for operating licenses, 
combined licenses, early site permits, and certified design rules 
docketed by the NRC as of the date of issuance of the final regulatory 
guide, as well as future applications submitted after the issuance of 
the regulatory guide. Such action would not constitute backfitting as 
defined in the Backfit Rule or be otherwise inconsistent with the 
applicable issue finality provision in 10 CFR part 52, inasmuch as such 
applicants or potential applicants are not within the scope of entities 
protected by the Backfit Rule or the relevant issue finality provisions 
in part 52.

    Dated: October 28, 2016.

    For the Nuclear Regulatory Commission.

Thomas H. Boyce,
Chief, Regulatory Guidance and Generic Issues Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2016-26524 Filed 11-2-16; 8:45 am]
 BILLING CODE 7590-01-P