[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]
 BILLING CODE 7590-01-P