[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Notices]
[Pages 55657-55658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25271]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0052]


Enforcement Discretion for Tornado-Generated Missile Protection 
Noncompliance, Revision 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Interim staff guidance; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Interim Staff Guidance (ISG), ``Clarification of Licensee Actions in 
Receipt of Enforcement Discretion per Enforcement Guidance Memorandum 
(EGM) 15-002, `Enforcement Discretion for Tornado-Generated Missile 
Protection Noncompliance,' Revision 1.'' The revisions provide 
clarifying guidance to facilitate the NRC staff's consistent oversight 
associated with implementing enforcement discretion for tornado missile 
protection noncompliance(s) per EGM 15-002.

DATES: The applicable date of the ISG is November 22, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0052 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-2017-0052. 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.
     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

[[Page 55658]]

1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ISG, ``Clarification of Licensee Actions in Receipt of Enforcement 
Discretion Memorandum 15-002, ``Enforcement Discretion for Tornado-
Generated Missile Protection Noncompliance,'' Revision 1, is available 
in ADAMS under Accession No. ML17128A344. Enforcement Guidance 
Memorandum, EGM 15-002, ``Enforcement Discretion for Tornado-Generated 
Missile Protection Noncompliance,'' Revision 1 is available in ADAMS 
under Accession No. ML16355A286.
     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: James Hickey, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-2180, email: [email protected].

SUPPLEMENTARY INFORMATION: The NRC published a Federal Register notice 
requesting public comment on this interim staff guidance (ISG) on 
February 23, 2017 (82 FR 11483). The agency received five total 
comments. The NRC considered the comments, which resulted in no changes 
to the ISG. The evaluation of these comments is discussed in the last 
appendix of the ISG.

I. Background

    The Office of Nuclear Reactor Regulation (NRR), Division of Risk 
Analysis (DRA) completed a generic bounding risk analysis (ADAMS 
Accession No. ML14114A556) that concluded that the issues associated 
with the inoperability of a Structure, System, or Component due to a 
tornado-generated missile are likely to be of low risk significance, 
and do not require immediate plant shutdown. Based on the conclusions 
of the NRR/DRA analysis, the staff issued EGM 15-002, dated June 10, 
2015. In its implementation of EGM 15-002, the NRC staff found that 
additional refinements are needed to address reportability, enforcement 
of long standing design issues, and the duration of the enforcement 
discretion resulting from all the non-conforming conditions being 
assessed together. As a result, the staff issued EGM 15-002, Revision 
1, dated February 7, 2017.
    This revised ISG adds additional information for inspection and 
review staff to support implementation of the changes made in EGM 15-
002, Revision 1. This revised ISG provides an approach to extending the 
discretion. The revisions to this ISG also revise provisions concerning 
reportability requirements under Sec.  50.72 of title 10 of the Code of 
Federal Regulations (10 CFR), discusses enforcement discretion for 
long-term design non conformances, and reinforces the need for 
licensees to follow the corrective action program when dispositioning 
the impact of identified tornado missile non-conformances on 
operability. This revised ISG will expire with the expiration of EGM 
15-002, Revision 1.

II. Backfit Discussion

    Issuance of this ISG in final form does not constitute backfitting 
as defined in 10 CFR 50.109 (the Backfit Rule). As discussed in the 
``Backfitting'' section of DSS-ISG- 2016-001, Revision 1, this ISG 
contains guidance for the NRC staff for implementing EGM-15-002. This 
ISG does not constitute backfitting as defined in the Backfit Rule and 
is not otherwise inconsistent with the issue finality provisions in 10 
CFR part 52, and the NRC staff did not prepare a backfit analysis. This 
because this ISG requires no response by licensees, and concerns only 
NRC staff implementation of enforcement discretion pursuant to EGM-15-
002.

III. Congressional Review Act

    This ISG 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.

    Dated at Rockville, Maryland, this 16th day of November, 2017.

    For the Nuclear Regulatory Commission.
Alexander H. Schwab,
Project Manager, ROP Support and Generic Communications Branch, 
Division of Inspection and Regional Support, Office of Nuclear Reactor 
Regulation.
[FR Doc. 2017-25271 Filed 11-21-17; 8:45 am]
 BILLING CODE 7590-01-P