[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Notices]
[Pages 40090-40091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17328]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2017-0111]


Physical Security--Combined License and Operating Reactors

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan-final section revision; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
final revision to Section 13.6.1, ''Physical Security--Combined License 
and Operating Reactors,'' of NUREG-0800, ``Standard Review Plan (SRP) 
for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR 
Edition.''

DATES: The effective date of this SRP update is August 13, 2018.

ADDRESSES: Please refer to Docket ID NRC-2017-0111 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 website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0111. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.

FOR FURTHER INFORMATION CONTACT: Mark D. Notich, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-3053, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 5, 2017 (82 FR 21269), the NRC published for public comment 
a proposed revision of Section 13.6.1, ``Physical Security--Combined 
License and Operating Reactors,'' of NUREG-0800, ``Standard Review Plan 
(SRP) for the Review of Safety Analysis Reports for Nuclear Power 
Plants: LWR Edition.'' The public comment period closed on July 5, 
2017. A summary of comments received and the staff's disposition of the 
comments are available in a separate document, ``Response to Public 
Comments on Draft Standard Review Plan, Section 13.6.1, ``Physical 
Security--Combined License and Operating Reactors,'' (ADAMS Accession 
No. ML17291B250). A redline/strikeout version showing incorporation of 
public comments is available in a separate document (ADAMS Accession 
No. ML17311A121).

II. Backfitting and Issue Finality

    Chapter 13 of the SRP provides guidance to the staff for conduct of 
operations under part 52 of title 10 of the Code of Federal Regulations 
(10 CFR). Section 13.6.1 of the SRP provides guidance for the review of 
combined license (COL) and operating license (OL) applications and 
amendments for physical security.
    Issuance of this SRP section revision does not constitute 
backfitting as defined in 10 CFR 50.109 (the Backfit Rule) nor is it 
inconsistent with the issue finality provisions in 10 CFR part 52. The 
NRC's position is based upon the following considerations.
    1. The SRP positions would not constitute backfitting, inasmuch as 
the SRP is internal guidance to NRC staff.
    The SRP provides internal 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 intention to impose the SRP positions on 
existing licensees either now or in the future.
    The NRC staff does not intend to impose or apply the positions 
described in the SRP to existing licenses and regulatory approvals. 
Hence, the issuance of this SRP--even if considered guidance within the 
purview of the issue finality provisions in 10 CFR part 52--does not 
need to 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 that does not provide issue finality as described in the 
applicable issue finality provision, then the staff must make the 
showing as set forth in the Backfit Rule or address the

[[Page 40091]]

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. Neither the Backfit Rule nor the issue 
finality provisions under 10 CFR part 52--with certain exclusions--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) 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 SRP in a 
manner that is inconsistent with any issue finality provisions. If, in 
the future, the staff seeks to impose a position in the SRP section 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.

III. Congressional Review Act

    This action is not a rule as defined in the Congressional Review 
Act (5 U.S.C. 801-808).

    Dated at Rockville, Maryland, this 8th day of August, 2018.

    For the Nuclear Regulatory Commission.
Jennivine K. Rankin,
Acting Chief, Division of Licensing, Siting, and Environmental 
Analysis, Licensing Branch 3, Office of New Reactors.
[FR Doc. 2018-17328 Filed 8-10-18; 8:45 am]
 BILLING CODE 7590-01-P