[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]
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