[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Notices]
[Pages 21269-21270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09068]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0111]


Proposed Revisions to Conduct of Operations

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard Review Plan--draft section revision; request for 
comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting 
public comment on draft NUREG-0800, ``Standard Review Plan for the 
Review of Safety Analysis Reports for Nuclear Power Plants: LWR 
Edition,'' Section 13.6.1, ``Physical Security--Combined License and 
Operating Reactors.'' The NRC seeks comments on the proposed draft 
section revision of the Standard Review Plan (SRP) concerning guidance 
for the review of combined construction and operating license (COL) and 
operating license (OL) applications and amendments for physical 
security.

DATES: Comments must be filed no later than July 5, 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 on or 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-2017-0111. 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: TWFN-08-D36, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    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: Mark D. Notich, Office of New 
Reactors, telephone: 301-415-3053; email [email protected]; 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-2017-0111 when contacting the NRC 
about the availability of information regarding this action. You may 
obtain publicly-available information related to this document by any 
of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0111.
     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 
draft revision and current revision to NUREG-0800, Section 13.6.1, 
``Physical Security--Combined License and Operating Reactors,'' are 
available in ADAMS under Accession Nos. ML17101A741 and ML102230082. 
The redline strikeout comparing the current version and draft revision 
is available in ADAMS under Accession No. ML 14295A061.
     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-2017-0111 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly

[[Page 21270]]

disclosed in your comment submission. The NRC will post all comment 
submissions at http://www.regulations.gov as well as enter 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 into ADAMS.

II. Further Information

    The NRC seeks public comment on the proposed draft section revision 
of SRP Section 13.6.1. The changes to SRP Chapter 13 reflect the 
current staff reviews, 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. The 
draft SRP section would also provide guidance for reviewing an 
application for a combined license under part 52 of title 10 of the 
Code of Federal Regulations (10 CFR).
    Following NRC staff evaluation of public comments, the NRC intends 
to incorporate the approved revisions into the next revision of NUREG-
0800. The SRP is guidance for the NRC staff. The SRP is not a 
substitute for the NRC regulations, and compliance with the SRP is not 
required.

III. Backfitting and Issue Finality

    Issuance of this draft SRP section, if finalized, would not 
constitute backfitting as defined in 10 CFR 50.109 of 10 CFR, (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 draft SRP positions, if finalized, would not constitute 
backfitting, inasmuch as the SRP is internal guidance to NRC staff 
directed at the NRC staff with respect to their regulatory 
responsibilities.
    The SRP provides guidance to the NRC staff on how to review an 
application for NRC 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 intentions to impose the SRP positions on 
current licensees or already-issued regulatory approvals either now or 
in the future.
    The NRC staff does not intend to impose or apply the positions 
described in the draft SRP to existing (already issued) licenses and 
regulatory approvals. Hence, the issuance of a final SRP--even if 
considered guidance which 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 NRC 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 NRC 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 below--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 NRC staff does not, 
at this time, intend to impose the positions represented in the draft 
SRP 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 draft SRP in a manner which does not provide issue finality as 
described in the applicable issue finality provisions, then the NRC 
staff must address the criteria for avoiding issue finality provisions.


    Dated at Rockville, Maryland, this 1st day of May, 2017.

    For the Nuclear Regulatory Commission.

Joseph Colaccino,
Chief, New Reactor Rulemaking and Guidance Branch, Division of 
Engineering and Infrastructure, Office of New Reactors.
[FR Doc. 2017-09068 Filed 5-4-17; 8:45 am]
 BILLING CODE 7590-01-P