[Federal Register Volume 83, Number 198 (Friday, October 12, 2018)]
[Notices]
[Pages 51712-51713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22262]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2017-0145]


Regulatory Guide 1.206--Applications for Nuclear Power Plants

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance and withdrawal of interim staff 
guidance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Revision 1 to Regulatory Guide (RG), ``Applications for Nuclear Power 
Plants.'' This update of RG 1.206, ``Combined License Applications for 
Nuclear Power Plants (LWR Edition),'' dated June 2007, provides updated 
guidance for prospective applicants regarding the format and content of 
applications for new nuclear power plants. The revision reflects the 
lessons learned regarding the review of nuclear power plant 
applications since 2007. Two significant changes include: (1) The 
addition of new guidance to applicants for standard design 
certifications (DCs) and early site permits (ESPs), and (2) the removal 
of detailed technical information for a combined license (COL) that was 
highly redundant with information in NUREG-0800, ``Standard Review Plan 
for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR 
Edition'' (SRP). The NRC is additionally withdrawing four interim staff 
guidance documents due to the incorporation of their guidance into RG 
1.206, Revision 1.

DATES: Revision 1 to RG 1.206 is available on October 12, 2018.

ADDRESSES: Please refer to Docket ID NRC-2017-0145 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-2017-0145. 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.
     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 
ADAMS Accession No. for each document referenced (if it is available in 
ADAMS) is provided the first time that it is mentioned in this 
document.
     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. Revision 1 to RG 1.206 and 
the regulatory analysis may be found in ADAMS under Accession Nos. 
ML18131A181 and ML17013A624, respectively.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

FOR FURTHER INFORMATION CONTACT: Barbara Hayes, Office of New Reactors, 
301-415-7442, email: [email protected], who is a member of the 
staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.

SUPPLEMENTARY INFORMATION:

I. Discussion

    The NRC is issuing a revision to an existing guide in the NRC's 
``Regulatory Guide'' series. This series was developed to describe and 
make available to the public information regarding methods that are 
acceptable to the NRC staff for implementing specific parts of the 
agency's regulations, techniques that the NRC staff uses in evaluating 
specific issues or postulated events, and data that the NRC staff needs 
in its review of applications for permits and licenses. Revision 1 of 
RG 1.206 was issued with a temporary identification of Draft Regulatory 
Guide (DG)-1325.
    RG 1.206, Revision 1, entitled ``Applications for Nuclear Power 
Plants,'' provides revised guidance for prospective applicants 
regarding the format and content of applications for new nuclear power 
plants under the provisions in part 52 of title 10 of the Code of 
Federal Regulations (10 CFR), ``Licenses, Certifications, and Approvals 
for Nuclear Power Plants.''
    RG 1.206, Revision 1, reflects changes based on lessons learned 
regarding the review of nuclear power plant DC, ESP, and COL 
applications under 10 CFR part 52, since the initial issuance of RG 
1.206 in 2007. The scope of the revision has been expanded beyond COL 
applications to more explicitly address the current application process 
related to applications for DCs, ESPs, and limited work authorizations 
and the title has been changed accordingly. It provides more integrated 
guidance regarding the overall format and content for COL, DC, and ESP 
applications and additionally reflects the NRC staff's position that, 
although the guidance therein is intended for applicability to power 
reactors with light-water reactor (LWR) technology, it will be 
generally applicable to other types of power reactors (e.g., non-LWRs).
    RG 1.206, Revision 1, also satisfies the two remaining action items 
from the NRC's April 2013, Lessons Learned Report (ADAMS Accession No. 
ML13059A240) by (1) revising RG 1.206 to reflect lessons learned and 
(2) incorporating DC/COL ISG11, ``Finalizing Licensing Basis 
Information,'' (ADAMS Accession No. ML092890623) in the revised RG 
1.206. This revision also reflects the removal of detailed technical 
information on COL Safety Analysis Report content relative to the 2007 
version of RG 1.206 that was highly redundant with information that is 
provided and maintained in the SRP. Under 10 CFR 52.17(a)(1)(xii), 10 
CFR 52.47(a)(9), and 10 CFR 52.79(a)(41),

[[Page 51713]]

applicants for ESP, DC and COL are respectively required to document an 
evaluation against applicable sections of the SRP and describe 
differences in specific information provided in the SRP including 
measures given in the SRP acceptance criteria. This requirement 
effectively provides applicants more current and comprehensive 
information related to detailed COL safety analysis report technical 
content and methods or approaches that the staff previously has found 
acceptable for meeting NRC requirements than what is available in RG 
1.206, Rev. 0.
    The guidance in RG 1.206, Revision 1, is divided into two parts: 
Section C.1 provides guidance for the organization, content, and format 
of an application under 10 CFR part 52; and Section C.2 contains 
information and guidance on a number of application regulatory topics 
related to the preparation, submittal, acceptance, and review of 
applications. The application regulatory topics include updated 
guidance that will allow the withdrawal of interim staff guidance. The 
NRC staff withdraws the following four documents:
     DC/COL-ISG-011, ``Interim Staff Guidance Finalizing 
Licensing Basis Information'' (ADAMS Accession No. ML092890623),
     ESP/DC/COL-ISG-015, ``Interim Staff Guidance on Post 
Combined License Commitments'' (ADAMS Accession No. ML091671355),
     COL/ESP-ISG-04, ``Interim Staff Guidance on the Definition 
of Construction and on Limited Work Authorizations'' (ADAMS Accession 
No. ML082970729), and
     DC/COL ISG-08, ``Final Interim Staff Guidance Necessary 
Content of Plant-Specific Technical Specifications When a Combined 
License is Issued'' (ADAMS Accession No. ML083310259).
    In September 2014, as part of its periodic review of related 
guidance in RG 1.70, Revision 3 (ADAMS Accession No. ML14272A331), 
``Standard Format and Content of Safety Analysis Reports for Nuclear 
Power Plants (LWR),'' the staff recommended the withdrawal of RG 1.70 
once information relevant to the licensing of nuclear power plants 
under 10 CFR part 50 is included in an update to RG 1.206. RG 1.70 is 
used by the operating fleet. As such, the NRC staff will not withdraw 
RG 1.70 but if information relevant to the licensing of nuclear power 
plants under 10 CFR part 50 is included in a future update to RG 1.70 
or another guidance document, the staff may set a date beyond which RG 
1.70 should no longer be referenced or used as guidance for licensing 
actions. The additional scope related to 10 CFR part 50 construction 
permits and operating licenses is not included in the current revision 
of RG 1.206 and RG 1.70 has not been withdrawn.
    The technical application guidance for a safety analysis report 
that was previously included in RG 1.206, Revision 0, is being updated 
to reflect lessons learned and will be developed into interim staff 
guidance (ISG), a NUREG, or other knowledge management document. The 
document is expected to be useful to both applicants and to staff 
working on future updates to the SRP, however, direct incorporation of 
applicant guidance in the SRP is not expected.

II. Additional Information

    The NRC published a notice of the availability of DG-1325 in the 
Federal Register on June 20, 2017, Volume 82, page 28101, for a 90-day 
public comment period. The public comment period closed on September 
18, 2017. Public comments on DG-1325 and the staff responses to the 
public comments are available in ADAMS under Accession No. ML18129A197.

III. Congressional Review Act

    This RG 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.

IV. Backfitting and Issue Finality

    RG 1.206, Revision 1, provides guidance for applicants regarding 
the format and content of applications for new ESPs, DCs, and COLs 
under 10 CFR part 52. Issuance of RG 1.206, Revision 1, does not 
constitute backfitting under 10 CFR part 50 and is not otherwise 
inconsistent with the issue finality provisions in 10 CFR part 52. As 
discussed in the ``Implementation'' section of this RG, the NRC has no 
current intention to impose the RG on current holders of ESPs or COLs 
or a DC applicant under 10 CFR part 52.
    RG 1.206, Revision 1, can be applied to applications for 10 CFR 
part 52 ESPs, COLs, and DCs. Such action does not constitute 
backfitting as defined in 10 CFR 50.109 (the Backfit Rule) and is not 
otherwise inconsistent with the applicable issue finality provision in 
10 CFR part 52, inasmuch as such applicants are not, with certain 
exceptions, protected by either the Backfit Rule or any issue finality 
provisions under 10 CFR part 52. This is because neither the Backfit 
Rule nor the issue finality provisions under 10 CFR part 52, with 
certain exclusions discussed below, 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), an NRC regulatory approval (e.g., a 
design certification rule), or both, with specified issue finality 
provisions. The staff does not, at this time, intend to impose the 
positions represented in RG 1.206, Revision 1, in a manner that is 
inconsistent with any issue finality provisions. If, in the future, the 
staff seeks to impose a position in RG 1.206, Revision 1, 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.

    Dated at Rockville, Maryland, this 9th day of October 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. 2018-22262 Filed 10-11-18; 8:45 am]
 BILLING CODE 7590-01-P