[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
[Notices]
[Pages 10341-10342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05262]


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NUCLEAR REGULATORY COMMISSION

[NRC-2018-0145]


Branch Technical Position 5-3, Fracture Toughness Requirements

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
final revision to Branch Technical Position (BTP) 5-3, ``Fracture 
Toughness Requirements,'' of NUREG-0800, ``Standard Review Plan (SRP) 
for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR 
Edition.''

DATES: March 20, 2019.

ADDRESSES: Please refer to Docket ID NRC-2018-0145 when contacting the

[[Page 10342]]

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-2018-0145. Address 
questions about NRC docket IDs in Regulations.gov to Krupskaya 
Castellon; telephone: 301-287-9221; 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 Document collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, contact the NRC's Public Document 
Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email 
to [email protected].
     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: 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 July 13, 2018 (83 FR 32690), the NRC published for public 
comment a proposed revision of BTP 5-3, ``Fracture Toughness 
Requirements,'' of NUREG-0800, ``Standard Review Plan (SRP) for the 
Review of Safety Analysis Reports for Nuclear Power Plants: LWR 
Edition.'' On September 20, 2018 (83 FR 47647), the NRC reopened the 
public comment period on this document for 30 days to allow more time 
for members of the public to review additional revisions that the NRC 
made to BTP 5-3 since the draft was issued on July 13, 2018, and to 
assemble and submit their comments. The public comment period closed on 
October 22, 2018. A summary of comments received and the NRC staff's 
disposition of the comments are available in a separate document, 
``Response to Public Comments on Draft SRP BTP 5-3, ``Fracture 
Toughness Requirements,'' (ADAMS Accession No. ML18338A517).

II. Backfitting and Issue Finality

    Chapter 5 of the SRP provides guidance to the staff for reviewing 
reactor coolant and connected systems information included in licensing 
applications. BTP 5-3 of the SRP provides guidance for the review of 
information addressing piping systems and components.
    Issuance of this SRP section revision does not constitute 
backfitting as defined in section 50.109 (the Backfit Rule) of the Code 
of Federal Regulations (10 CFR) 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 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 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 final 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 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 staff does not intend to impose or apply the positions 
described in this final 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 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.

III. Congressional Review Act

    The Office of Management and Budget makes the determination that 
the United States Nuclear Regulatory Commission action titled ``NUREG-
0800, ``Standard Review Plan for the Review of Safety Analysis Reports 
for Nuclear Power Plants: LWR Edition,'' Branch Technical Position 5-3, 
`Fracture Toughness Requirements''' is non-major under the 
Congressional Review Act.

    Dated at Rockville, Maryland, this 15th day of March, 2019.

    For the Nuclear Regulatory Commission.
Jennivine K. Rankin,
Chief (Acting), Division of Licensing, Siting, and Environmental 
Analysis, Licensing Branch 3, Office of New Reactors.
[FR Doc. 2019-05262 Filed 3-19-19; 8:45 am]
 BILLING CODE 7590-01-P