[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Notices]
[Pages 49139-49141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21165]


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NUCLEAR REGULATORY COMMISSION

[NRC-2018-0178]


Proposed Revisions to Standard Review Plan Section 2.5.3, Surface 
Deformation

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 2.5.3, ``Surface Deformation.'' SRP Section 2.5.3, 
Surface Deformation, was last updated in 2014. This proposed update to 
the SRP focuses on risk-informing the staff's review in this area on 
the potential for tectonic or non-tectonic surface deformation that 
could adversely affect the safe operation of a nuclear power plant at 
the proposed site.

DATES: Comments must be filed no later than October 29, 2018. 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 website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0178. 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.
     Mail comments to: May Ma, Office of Administration, Mail 
Stop: TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.
    For additional direction on obtaining 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-2018-0178 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0178.
     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 2.5.3, 
``Surface Deformation'' are available in ADAMS under Accession Nos. 
ML18183A044 and ML13316C064, respectively. The redline-strikeout 
version comparing the draft Revision 6 and the current version of 
Revision 5 is available in ADAMS under Accession No. ML18267A203.
     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-2018-0178 in your comment submission.
    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 will post all comment submissions at http://www.regulations.gov and 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

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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. Background

    In the area of geology, seismology, and geotechnical engineering, 
section 100.23(c) of title 10 of the Code of Federal Regulations (10 
CFR) requires, in part, that applicants for a construction permit, 
operating license, early site permit, or combined license evaluate the 
potential for tectonic and non-tectonic surface deformation at a site. 
Therefore, the consideration of information related to the potential 
for tectonic and non-tectonic surface deformation is important to the 
staff review guidance in SRP Section 2.5.3.
    Since the last update to SRP Section 2.5.3 in 2014, the staff 
completed review of licensee submittals of reevaluated seismic hazards 
in response to 10 CFR 50.54(f) information requests that were sent to 
licensees after the near-term task force review of the Fukushima Dai-
ichi accident (ADAMS Accession No. ML12056A046). In addition to 
reviewing the hazard reevaluations for the operating reactor fleet 
submitted in response to the 10 CFR 50.54(f) information requests, the 
NRC staff remained actively engaged in several ESP and COL application 
reviews for new power reactors. In connection with those reviews, ESP 
and COL applicants evaluated the potential for tectonic and non-
tectonic surface deformation consistent with the guidance found in the 
SRP. One of the lessons-learned from the 10 CFR 50.54(f) information 
reviews and the reviews for new power reactors was that a risk-informed 
focus on hazards most likely to affect a site would be appropriate for 
the consideration of the potential for tectonic and non-tectonic 
surface deformation at a site.

III. Discussion of Update Rationale

Staff's 2018 Update Philosophy

    Consistent with the Commission's approach to risk-informed 
regulation, the staff proposes that SRP Section 2.5.3 be simplified to 
focus the review on the potential for tectonic and non-tectonic surface 
deformation that could adversely affect the safe operation of a nuclear 
power plant at the proposed site.
    Since the 2014 update to SRP Section 2.5.3, the staff completed the 
review of licensee submittals of reevaluated seismic hazards in 
response to the 10 CFR 50.54(f) information request regarding the 
Fukushima Dai-ichi nuclear power plant accident in 2011. A risk-
informed focus was successfully used for the 10 CFR 50.54(f) flooding 
reviews and allowed licensees to focus the reevaluation on those 
hazards that are most likely to impact the site and adversely affect 
SSCs important to safety. Using this approach, licensees provided a 
brief explanation of why a particular hazard does not affect the site 
and a more detailed evaluation for those hazards that could adversely 
affect the safe operation of the plant. Due to its success, this risk-
informed approach is being incorporated into various sections of the 
SRP.
    Upon review of the various causes of surface deformation described 
in SRP Section 2.5.3, the staff proposes that only the mechanisms that 
could adversely affect the functionality of the SSCs important to 
safety need to be described in detail in future license applications. 
Applicants would still be expected to perform their due diligence and 
consider the potential for tectonic and non-tectonic surface 
deformation identified in SRP Section 2.5.3 against the applicable 
siting criteria in 10 CFR part 100, but the staff proposes that the 
applicant's level of detail be focused on the potential for tectonic 
and non-tectonic surface deformation most likely to impact the site and 
adversely affect SSCs important to safety.

Specific Changes to SRP Section 2.5.3

    Changes to SRP Section 2.5.3 include technical editing, as 
appropriate, to improve the readability of the various SRP subsections 
as well as to better convey lessons-learned from the recent 10 CFR 
50.54(f) reviews. The term ``safety-related SSCs'' is replaced with the 
term ``SSCs important to safety'' to better align with the regulatory 
terminology in 10 CFR parts 50 and 54. The references in SRP Section 
2.5.3 were also updated, deleted or added, as appropriate.
    Technical changes to SRP Section 2.5.3 include the addition of 
anthropogenic activities as a possible cause of non-tectonic surface 
deformation and the aforementioned focused review of those causes of 
surface deformation that could adversely affect the safe operation of a 
nuclear power plant at the proposed site. Similar to the 2014 update to 
SRP 2.5.3, the risk-informed approach to the 2018 update focuses on the 
distinction between the different types of surface deformation, 
primarily tectonic and non-tectonic deformation. Surface deformation 
includes non-tectonic deformation due to dissolution, salt diapirism, 
and anthropogenic activities, such as mine collapse. The addition of 
anthropogenic activities as a potential source of non-tectonic surface 
deformation is in keeping with recognized mechanisms of non-tectonic 
deformation that could potentially affect a proposed nuclear power 
plant site. The acceptance review section was also revised to reflect 
the changes made to the Office of New Reactors' (NRO) office 
instruction related to acceptance reviews.

IV. Further Information

    The NRC seeks public comment on the proposed draft section revision 
of SRP Section 2.5.3. The changes to SRP Chapter 2 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 10 CFR part 52.
    Following NRC staff evaluation of public comments, the NRC intends 
to finalize SRP Section 2.5.3 in ADAMS and post it on the NRC's public 
website at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/. 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.

V. Backfitting and Issue Finality

    Issuance of this draft SRP section, if finalized, would not 
constitute backfitting as defined in 10 CFR 50.109, (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 SRP positions do not constitute backfitting, inasmuch as the 
SRP is guidance directed to the NRC staff with respect to its 
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 guidance intended for use by only the staff are not matters 
that constitute backfitting as that term is defined in 10 CFR 
50.109(a)(1) or involve the issue finality provisions of 10 CFR part 
52.
    2. Backfitting and issue finality--with certain exceptions 
discussed below--do not apply to current or future applicants.
    Applicants and potential applicants are not, with certain 
exceptions, the subject of either the Backfit Rule or any

[[Page 49141]]

issue finality provisions under 10 CFR part 52. This is because neither 
the Backfit Rule nor the issue finality provisions of 10 CFR part 52 
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 a 
10 CFR part 50 operating license applicant references a construction 
permit or a 10 CFR part 52 combined license applicant references a 
license (e.g., an early site permit) and/or an NRC regulatory approval 
(e.g., a design certification rule) for which specified issue finality 
provisions apply.
    The NRC staff does not currently intend to impose the positions 
represented in this draft SRP section in a manner that constitutes 
backfitting or is inconsistent with any issue finality provision of 10 
CFR part 52. If in the future the NRC staff seeks to impose positions 
stated in this draft SRP section in a manner that would constitute 
backfitting or be inconsistent with these issue finality provisions, 
the NRC staff must make the showing as set forth in the Backfit Rule or 
address the regulatory criteria set forth in the applicable issue 
finality provision, as applicable, that would allow the staff to impose 
the position.
    3. The NRC staff has no intention to impose the SRP positions on 
existing nuclear power plant licensees either now or in the future 
(absent a voluntary request for a change from the licensee, holder of a 
regulatory approval or a design certification applicant).
    The NRC staff does not intend to impose or apply the positions 
described in this draft SRP section to existing (already issued) 
licenses (e.g., operating licenses and combined licenses) and 
regulatory approvals. Hence, the issuance of this SRP guidance--even if 
considered guidance subject to the Backfit Rule or the issue finality 
provisions in 10 CFR part 52--would not need to be evaluated as if it 
were a backfit or as being inconsistent with these 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 would 
constitute backfitting or does not provide issue finality as described 
in the applicable issue finality provision, then the staff must make a 
showing as set forth in the Backfit Rule or address the criteria set 
forth in the applicable issue finality provision, as applicable, that 
would allow the staff to impose the position.

    Dated at Rockville, Maryland, on September 25, 2018.

    For the Nuclear Regulatory Commission.
Jennivine K. Rankin,
Acting Chief, Licensing Branch 3, Division of Licensing, Siting and 
Environmental Analysis, Office of New Reactors.
[FR Doc. 2018-21165 Filed 9-27-18; 8:45 am]
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