[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Notices]
[Pages 11483-11484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03527]
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NUCLEAR REGULATORY COMMISSION
[NRC-2017-0052]
Clarification of Licensee Actions in Enforcement Guidance
Memorandum EGM 15-002, Enforcement Discretion for Tornado-Generated
Missile Protection Noncompliance, Revision 1
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft interim staff guidance; request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting
public comment on its draft Interim Staff Guidance (ISG), Clarification
of Licensee Actions in Receipt of Enforcement Discretion per
Enforcement Guidance Memorandum (EGM) 15-002, ``Enforcement Discretion
for Tornado-Generated Missile Protection Noncompliance,'' Revision 1.
The NRC staff is publishing this revised ISG for public comment. The
revisions provide clarifying guidance to facilitate staff understanding
of expectations for consistent oversight associated with implementing
enforcement discretion for tornado missile protection noncompliance(s),
as discussed in EGM 15-002, Revision 1.
DATES: Submit comments by March 27, 2017. Comments received after this
date will be considered if it is practical to do so, but the Commission
is able to ensure consideration only for comments received before this
date.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0052. 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.
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: James Hickey, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001; telephone: 301-415-2180, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2017-0052 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-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-2017-0052.
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 (if it is available
in ADAMS) it is provided the first time that it is mentioned in this
document. The ISG, ``Clarification of Licensee Actions in Receipt of
Enforcement Discretion Memorandum 15-002, ``Enforcement Discretion for
Tornado-Generated Missile Protection Noncompliance,'' Revision 1, is
available in ADAMS under Accession No. ML16342A940. The EGM 15-002,
``Enforcement Discretion for Tornado-Generated Missile Protection
Noncompliance,'' Revision 1 is available in ADAMS under Accession No.
ML16355A286.
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-2017-0052 in your comment submission.
The NRC cautions you not to include identifying or contact
information that
[[Page 11484]]
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 entering 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. Background
The Office of Nuclear Reactor Regulation (NRR), Division of Risk
Analysis (DRA) completed a generic bounding risk analysis (ADAMS
Accession No. ML14114A556) that concluded that the issues associated
with the inoperability of a Structure, System, or Component due to a
tornado-generated missile are likely to be of low risk significance,
and do not require immediate plant shutdown. Based on the conclusions
of the NRR/DRA analysis, the staff issued EGM 15-002, dated June 10,
2015. In its implementation of EGM 15-002, the NRC staff found that
additional refinements are needed to address reportability, enforcement
of long standing design issues, and the duration of the enforcement
discretion resulting from all the non-conforming conditions being
assessed together. As a result, the staff issued EGM 15-002, Revision
1, dated February 7, 2017.
This revised ISG adds additional information for inspection and
review staff to support implementation of the changes made in EGM 15-
002, Revision 1. This revised draft ISG provides an approach to
extending the discretion period. The draft revisions to this ISG also
revise provisions concerning reportability requirements under Sec.
50.72 of title 10 of the Code of Federal Regulations (10 CFR),
discusses enforcement discretion for long-term design non conformances,
and reinforces the need for licensees to follow the corrective action
program when dispositioning the impact of identified tornado missile
non-conformances on operability. This revised ISG will expire with the
expiration of EGM 15-002, Revision 1.
III. Proposed Action
By this action, the NRC is requesting public comments on draft ISG-
16-001, Revision 1. This draft ISG provides an approach to extending
the discretion period, revises reportability requirements under 10 CCFR
50.72, discusses enforcement discretion for long-term design non
conformances, and reinforces the need for licensees to follow their
corrective action program when dispositioning the impact of identified
tornado missile non-conformances on operability.
IV. Backfit Discussion
Issuance of this ISG in final form would not constitute backfitting
as defined in 10 CFR 50.109 (the Backfit Rule). As discussed in the
``Backfitting'' section of draft DSS-ISG- 2016-001, Revision 1, this
ISG contains guidance for NRC staff for implementing EGM-15-002. This
ISG does not constitute backfitting as defined in the Backfit Rule and
is not otherwise inconsistent with the issue finality provisions in 10
CFR part 52, and the NRC staff did not prepare a backfit analysis. This
is because this ISG requires no response by licensees, and concerns
only NRC staff implementation of enforcement discretion pursuant to
EGM-15-0002.
Dated at Rockville, Maryland, this 13th day of February 2017.
For the Nuclear Regulatory Commission.
Robert Taylor,
Director, Division of Safety Systems, Office of Nuclear Reactor
Regulation.
[FR Doc. 2017-03527 Filed 2-22-17; 8:45 am]
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