[Federal Register Volume 82, Number 47 (Monday, March 13, 2017)]
[Notices]
[Pages 13515-13517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04844]
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NUCLEAR REGULATORY COMMISSION
[NRC-2015-0229]
Design of Structures, Components, Equipment, and Systems
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 sections in Chapter 3, ``Design of Structures,
Components, Equipment, and Systems Reactor Coolant System and Connected
Systems'' of NUREG-0800, ``Standard Review Plan for the Review of
Safety Analysis Reports for Nuclear Power Plants: LWR Edition.'' The
changes to these Standard Review Plan (SRP) sections reflect responses
to public comments and additional guidance based on current NRC staff
review methods and practices based on lessons learned from the NRC's
reviews of design certification and combined license applications
completed since the last revision of this chapter.
DATES: The effective date of this Standard Review Plan (SRP) update is
April 12, 2017.
ADDRESSES: Please refer to Docket ID NRC-2015-0229 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-2015-0229. 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.
[[Page 13516]]
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.
FOR FURTHER INFORMATION CONTACT: Mark Notich, Office of New Reactors,
telephone: 301-415-3053; email: [email protected]; U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On September 29, 2015 (80 FR 58512), the NRC published for public
comment the proposed revisions to these sections of the SRP. The staff
made changes to the proposed revisions after consideration of comments
received from one (1) commenter. A summary of the comments and the
staff's disposition of the comments is available in a separate
document, ``Response to Public Comments on Draft Standard Review Plan
Section from Chapter 3: Design of Structures, Components, Equipment,
and Systems'' (ADAMS Accession No. ML16133A361). The additional
guidance for staff reviews includes the following:
Analytical procedures for piping systems
Torsional effects of eccentric masses
Seismic Category I Buried Piping systems
Interaction of other piping with seismic Category I piping
Additional discussion on Rayleigh damping
Comprehensive forcing function lists for all reactor internals
Scale Model Testing (SMT) results and demonstration of model
adequacy
These sections have been developed to assist the NRC staff review
the design of structures, components, equipment, and systems under
parts 50 and 52 of title 10 of the Code of Federal Regulations (10
CFR). The revisions to these SRP sections reflect no changes in staff
position; rather they clarify the original intent of these SRP sections
using plain language throughout in accordance with the NRC's Plain
Writing Action Plan. Additionally, these revisions reflect operating
experience, lessons learned, and updated guidance since the last
revision, and address the applicability of regulatory treatment of non-
safety systems where appropriate. Details of specific changes in the
proposed revisions are included at the end of each of the proposed
sections.
Following the NRC staff's evaluation of public comments, the NRC
intends to finalize the proposed revisions of the subject SRP Sections
in ADAMS and post them on the NRC's public Web site at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/.
II. Backfitting and Finality Provisions
Issuance of these revised SRP sections 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
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 staff on how to review an
application for the NRC's regulatory approval in the form of licensing.
Changes in internal 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 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 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 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 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 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 staff must address the criteria for
avoiding issue finality as described in the applicable issue finality
provision.
III. Congressional Review Act
This action 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.
IV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
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Document ADAMS Accession No.
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Section 3.9.2, ``Dynamic Testing and ML16133A418
Analysis of Systems, Structures, and
Components''.
[[Page 13517]]
Section 3.9.4, ``Control Rod Drive ML16133A472
Systems''.
Section 3.9.5, ``Reactor Pressure Vessel ML16134A059
Internals''.
Section 3.9.6, ``Functional Design, ML16134A116
Qualification, and Inservice Testing
Programs for Pumps, Valves, and Dynamic
Restraints''.
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* No changes resulting from public comments. See documents in the
package at ADAMS Accession Number ML16133A148 to see changes made
since last revision.
Dated at Rockville, Maryland, this 7th day of March 2017.
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. 2017-04844 Filed 3-10-17; 8:45 am]
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