[Federal Register Volume 84, Number 67 (Monday, April 8, 2019)]
[Notices]
[Pages 13968-13969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06837]


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NUCLEAR REGULATORY COMMISSION

[NRC-2018-0196]


Standard Review Plan (SRP) 13.4, Operational Programs

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 final 
Revision 4 to Section 13.4, ``Operational Programs'' 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 April 8, 2019.

ADDRESSES: Please refer to Docket ID NRC-2018-0196 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-2018-0196. Address 
questions about NRC dockets IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. For technical 
questions, contact the individual(s) 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 ``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 final revision, is available in 
ADAMS under the following Accession No. ML18344A032.
     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 September 11, 2018 (83 FR 45995), the NRC published for public 
comment proposed Revision 4 of Section 13.4, ``Operational Programs'' 
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 November 13, 2018.

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 13.4 of the SRP provides information on operational 
programs that must be addressed during the review of combined license 
(COL), early site permit (ESP), standard design certification, and 
operating license (OL) applications.
    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 do not constitute backfitting, inasmuch as the 
SRP is guidance direct 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 under 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) 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 a position 
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 NRC 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 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,'' Revision 4 of SRP 13.4, 
``Operational Programs'' is non-major under the Congressional Review 
Act.


[[Page 13969]]


    Dated at Rockville, Maryland, this 3rd day of April 2019.

    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. 2019-06837 Filed 4-5-19; 8:45 am]
 BILLING CODE 7590-01-P