[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Notices]
[Pages 87083-87085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28962]
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NUCLEAR REGULATORY COMMISSION
[NRC-2014-0254]
Advanced Light-Water Reactor Probabilistic Risk Assessment
AGENCY: Nuclear Regulatory Commission.
ACTION: Interim staff guidance; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing
Interim Staff Guidance (ISG), DC/COL-ISG-028, ``Assessing the Technical
Adequacy of the Advanced Light-Water Reactor Probabilistic Risk
Assessment for the Design Certification Application and Combined
License Application.'' The purpose of this ISG is to provide guidance
for assessing the technical adequacy of the probabilistic risk
assessment (PRA) needed for advanced light-water reactor (ALWR) design
certification (DC) and combined license (COL) applications. This
guidance addresses only the typical conditions for the DC and COL
application.
DATES: The DC/COL-ISG-028 is available on December 2, 2016.
ADDRESSES: Please refer to Docket ID NRC-2014-0254 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-2014-0254. 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]. For
the convenience of the reader, the ADAMS accession numbers are provided
in a table in the ``Availability of Documents'' section of 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.
NRC's Public Web site: NRC posts its issued staff guidance
at http://www.nrc.gov/reading-rm/doc-collections/isg.
FOR FURTHER INFORMATION CONTACT: Mark Lintz, Office of New Reactors,
U.S. Nuclear Regulatory Commission, Washington DC 20555-0001;
telephone: 301-415-4051; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC is issuing DC/COL-ISG-028, ``Assessing the Technical
Adequacy of the Advanced Light-Water Reactor Probabilistic Risk
Assessment for the Design Certification Application and Combined
License Application,'' to provide specific review guidance for
assessing the technical adequacy of the PRA needed for an application
for a DC of an ALWR under part 52 of title 10 of the Code of Federal
Regulations (10 CFR), ``Licenses, Certifications, and Approvals for
Nuclear Power Plants,'' specifically 10 CFR 52.47(a)(27). This ISG will
also apply to an application for a COL under 10 CFR 52.79(a)(46).
Specifically, this guidance addresses how these applicants can use
American Society of Mechanical Engineers/American Nuclear Society
(ASME/ANS) RA-Sa-2009, ``Addenda to ASME/ANS RA-S-2008 Standard for
Level 1/Large
[[Page 87084]]
Early Release Frequency Probabilistic Risk Assessment for Nuclear Power
Plant Applications,'' (the PRA Standard), as endorsed by NRC's
Regulatory Guide (RG) 1.200, Revision 2, ``An Approach for Determining
the Technical Adequacy of Probabilistic Risk Assessment Results for
Risk-Informed Activities.''
The NRC staff intends to incorporate DC/COL-ISG-028 into the next
revision of RG 1.200, Revision 2; RG 1.206, ``Combined License
Applications for Nuclear Power Plants;'' NUREG-0800, ``Standard Review
Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power
Plants;'' and SRP Chapter 19.0, ``Probabilistic Risk Assessment and
Severe Accident Evaluation for New Reactors,'' as appropriate.
II. Public Comments
The NRC issued draft DC/COL-ISG-028, ``Assessing the Technical
Adequacy of the Advanced Light-Water Reactor Probabilistic Risk
Assessment for the Design Certification Application and Combined
License Application,'' in the Federal Register on November 26, 2014 (79
FR 70575), for a 60-day comment period. The comment period ended on
January 26, 2015.
The Commission received 49 comments from the Nuclear Energy
Institute (NEI). These comments were addressed and are available in the
comment resolution document.
III. Backfitting and Issue Finality
The NRC is issuing this ISG to assist the NRC staff when assessing
the technical adequacy of PRAs submitted as part of ALWR DC and COL
applications. Issuance of this ISG does not constitute backfitting as
defined in Sec. 50.109 of title 10 of the Code of Federal Regulations
(10 CFR) (the Backfit Rule) or otherwise be inconsistent with the issue
finality provisions in 10 CFR part 52. The NRC staff's position is
based upon the following considerations.
1. The ISG positions do not constitute backfitting, inasmuch as the
ISG is internal guidance to NRC staff.
The ISG provides interim guidance to the NRC staff on how to review
an application for NRC 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 10 CFR
50.109 or the issue finality provisions of 10 CFR part 52.
2. Backfitting and issue finality--with certain exceptions
discussed below--do not protect current or future applicants.
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
below--were intended to apply to every NRC action that 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) 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 ISG 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 ISG in a
manner that 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.
3. NRC consideration of PRA impacts to address the application of
the PRA Standard are outside the scope of matters subject to
backfitting protection, and are not a violation of issue finality
provisions.
The NRC consideration of PRA impacts to address the application of
the PRA Standard, and an applicant's submission of risk-assessment
information needed to support the NRC's assessment of the technical
adequacy of the PRA, do not fall within the scope of matters that
constitute backfitting. Consideration of PRA impacts to address the
application of the PRA Standard falls within the scope of matters
protected under issue finality provisions. However, this protection
applies only if a COL application references a PRA. Therefore, issuance
of this ISG does not constitute a violation or inconsistency of the
issue finality provisions applicable to COL applications referencing a
PRA.
IV. Congressional Review Act
This ISG 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.
V. Availability of Documents
The documents identified in the following table are available as
indicated.
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Document title ADAMS accession No.
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Interim Staff Guidance-028, ``Assessing ML16130A468
the Technical Adequacy of the Advanced
Light-Water Reactor Probabilistic Risk
Assessment for the Design Certification
Application and Combined License
Application'' (Clean Version).
Interim Staff Guidance-028, ``Assessing ML16155A055
the Technical Adequacy of the Advanced
Light-Water Reactor Probabilistic Risk
Assessment for the Design Certification
Application and Combined License
Application'' (Redline Version).
Interim Staff Guidance-028, Comment ML16130A466
Resolution Table.
NUREG-0800, Revision 3, ``Standard ML15089A068
Review Plan for the Review of Safety
Analysis Reports for Nuclear Power
Plants: LWR Edition, Chapter 19.0,
Severe Accidents''.
Regulatory Guide 1.200, Revision 2, ``An ML090410014
Approach for Determining the Technical
Adequacy of Probabilistic Risk
Assessment Results for Risk-Informed
Activities''.
Regulatory Guide 1.206, ``Combined ML070720184
License Applications for Nuclear Power
Plants''.
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[[Page 87085]]
Dated at Rockville, Maryland, this 28th day of November, 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. 2016-28962 Filed 12-1-16; 8:45 am]
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