[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Notices]
[Pages 28101-28102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12837]
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NUCLEAR REGULATORY COMMISSION
[NRC-2017-0145]
Applications for Nuclear Power Plants
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft regulatory guide; request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for
public comment a draft regulatory guide (DG), DG-1325, ``Applications
for Nuclear Power Plants.'' This guidance is proposed Revision 1 to
Regulatory Guide (RG) 1.206, ``Combined License Applications for
Nuclear Power Plants (LWR Edition),'' dated June 2007. This proposed
revision of RG 1.206 provides revised guidance for prospective
applicants regarding the format and content of applications for new
nuclear power plants. The proposed revision reflects the lessons
learned regarding the review of nuclear power plant applications since
2007. The major change in this revision is the removal of detailed
technical information on the format and content of a safety analysis
report. Guidance on moving that information to NUREG-0800, ``Standard
Review Plan for the Review of Safety Analysis Reports for Nuclear Power
Plants: LWR Edition,'' is included in DG-1325.
DATES: Submit comments by September 18, 2017. Comments received after
this date will be considered if it is practical to do so, but the NRC
is able to ensure consideration only for comments received on or before
this date. Although a time limit is given, comments and suggestions in
connection with items for inclusion in guides currently being developed
or improvements in all published guides are encouraged at any time.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specified subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0145. 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-8D36M, 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 Notich, Office of New Reactors,
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-2017-0145 when contacting the NRC
about the availability of information regarding this document. 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-2017-0145.
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 available in
ADAMS), is provided the first time that a document is referenced. The
DG is electronically available in ADAMS under Accession No.
ML15233A056.
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-2017-0145 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information that 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
also 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. Additional Information
The NRC is issuing for public comment a DG in the NRC's
``Regulatory Guide'' series. This series was developed to describe and
make available to the public information regarding methods that are
acceptable to the NRC staff for implementing specific parts of the
NRC's regulations, techniques that the staff uses in evaluating
specific issues or postulated events, and data that the staff needs in
its review of applications for permits and licenses.
The DG, entitled ``Applications for Nuclear Power Plants,'' is a
proposed revision temporarily identified by its task number, DG-1325,
and is proposed Revision 1 of RG 1.206, currently titled ``Combined
License Applications for Nuclear Power Plants.'' The guide provides
revised guidance for prospective applicants regarding the format and
content of applications for new nuclear power plants under the
provisions in part 52 of title 10 of the Code of Federal Regulations
(10 CFR), ``Licenses, Certifications, and Approvals for Nuclear Power
Plants.''
[[Page 28102]]
The DG-1325 reflects changes based on lessons learned regarding the
review of nuclear power plant design certification (DC), early site
permit (ESP), and combined license (COL) applications under 10 CFR part
52, since the initial issuance of RG 1.206 in 2007. The scope of the
proposed revision has been expanded beyond combined license (COL)
applications to more explicitly address the current application process
related to applications for DC, ESP, and limited work authorizations
and the title has been changed accordingly. It provides more integrated
guidance regarding the overall format and content for COL, DC, and ESP
applications and additionally reflects the NRC staff's position that,
although the guidance therein is intended for applicability to power
reactors with light-water reactor (LWR) technology, the revised RG will
be generally applicable to other types of power reactors (i.e., non-
LWRs).
The DG-1325 also satisfies the two remaining action items from the
NRC's April 2013, Lessons Learned Report (ADAMS Accession No.
ML13059A240) by (1) revising RG 1.206 to reflect lessons learned and
(2) incorporating DC/COL ISG11, ``Finalizing Licensing Basis
Information,'' (ADAMS Accession No. ML092890623) in the revised RG
1.206.'' This proposed revision also reflects the removal of technical
information relative to the 2007 version of RG 1.206. The NRC staff
intends that NUREG-0800, ``Standard Review Plan for the Review of
Safety Analysis reports for Nuclear Power Plants: LWR Edition,'' be
used by applicants relative to the technical information and level of
detail to be included in safety analysis reports for applications for
COLs, DCs, and ESPs.
The guidance in DG-1325 is divided into two parts: Section C.1
provides guidance for the organization, content, and format of an
application under 10 CFR part 52; and Section C.2 contains information
and guidance on a number of application regulatory topics related to
the preparation, submittal, acceptance, and review of applications. The
application regulatory topics include updated guidance that will allow
the withdrawal of interim staff guidance. The NRC staff intends to
withdraw the following four documents upon issuance of the revised RG
1.206:
DC/COL-ISG-011, ``Interim Staff Guidance Finalizing
Licensing Basis Information'' (ADAMS Accession No. ML092890623),
ESP/DC/COL-ISG-015, ``Interim Staff Guidance on Post
Combined License Commitments'' (ADAMS Accession No. ML091671355),
COL/ESP-ISG-04, ``Interim Staff Guidance on the
Definition of Construction and on Limited Work Authorizations''
(ADAMS Accession No. ML082970729), and
DC/COL ISG-08, ``Final Interim Staff Guidance Necessary
Content of Plant-Specific Technical Specifications When a Combined
License is Issued'' (ADAMS Accession No. ML083310259).
The NRC staff's periodic review of related guidance in RG 1.70,
Revision 3 (ADAMS Accession No. ML14272A331), ``Standard Format and
Content of Safety Analysis Reports for Nuclear Power Plants (LWR),'' in
September 2014, recommended the withdrawal of RG 1.70 once information
relevant to the licensing of nuclear power plants under 10 CFR part 50
is included in an update to RG 1.206. The additional scope related to
construction permits and operating licenses was envisioned for a later
update to RG 1.206 and is not included in the current proposed
revision.
III. Backfitting and Issue Finality
Draft regulatory guide DG-1325, if finalized as a new regulatory
guide, would provide guidance for applicants regarding the format and
content of applications for new ESPs, DCs, and COLs under 10 CFR part
52. Issuance of this DG in final form would not constitute backfitting
under 10 CFR part 50 and would not otherwise be inconsistent with the
issue finality provisions in 10 CFR part 52. As discussed in the
``Implementation'' section of this DG, the NRC has no current intention
to impose the DG, if finalized, on current holders of ESPs or COLs or a
DC applicant under 10 CFR part 52.
The DG, if finalized, could be applied to applications for 10 CFR
part 52 ESPs, COLs, and DCs. Such action would not constitute
backfitting as defined in 10 CFR 50.109 (the Backfit Rule) or be
otherwise inconsistent with the applicable issue finality provision in
10 CFR part 52, inasmuch as such 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 that 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), the NRC regulatory approval (e.g., a
design certification rule), or both, with specified issue finality
provisions. The staff does not, at this time, intend to impose the
positions represented in DG-1325 (if finalized) in a manner that is
inconsistent with any issue finality provisions. If, in the future, the
staff seeks to impose a position in DG-1325 (if finalized) in a manner
that 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.
Dated at Rockville, Maryland, this 15th day of June, 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. 2017-12837 Filed 6-19-17; 8:45 am]
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