[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
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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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