[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]
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