[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Notices]
[Pages 48954-48955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20007]
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NUCLEAR REGULATORY COMMISSION
[NRC-2017-0187]
Proposed Revisions to Standard Review Plan Section 14.3.3, Piping
Systems and Components--Inspections, Tests, Analyses, and Acceptance
Criteria
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 Section 14.3.3, ``Piping Systems and Components--
Inspections, Tests, Analyses, and Acceptance Criteria,'' of NUREG-0800,
``Standard Review Plan for the Review of Safety Analysis Reports for
Nuclear Power Plants: LWR Edition.''
DATES: This Standard Review Plan update takes effect on September 17,
2019.
ADDRESSES: Please refer to Docket ID NRC-2017-0187 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 https://www.regulations.gov and search for Docket ID NRC-2017-0187. Address
questions about docket IDs in Regulations.gov 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 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.
The NRC posts its issued staff guidance on the NRC's
public website at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/.
FOR FURTHER INFORMATION CONTACT: Mark 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 25, 2018 (83 FR 48473), the NRC published for public
comment a proposed revision to Section 14.3.3, ``Piping Systems and
Components--Inspections, Tests, Analyses, and Acceptance Criteria,'' of
NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis
Reports for Nuclear Power Plants: LWR Edition.'' The public comment
period closed on November 26, 2018. Several public comments were
received regarding draft Revision 1 of Standard Review Plan (SRP)
Section 14.3.3. The public comments received and the associated staff
responses are available in ADAMS under Accession No. ML17317A442. The
final Revision 1 to NUREG-0800, Section 14.3.3, ``Piping Systems and
Components--Inspections, Tests, Analyses, and Acceptance Criteria,'' is
available in ADAMS under Accession No. ML19002A478.
II. Backfitting and Issue Finality
Chapter 14 of the SRP provides guidance to the staff for reviewing
inspections, tests, analyses, and acceptance criteria information in
licensing applications. Section 14.3.3 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 of title 10 of the Code of
Federal Regulations (10 CFR) (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 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
[[Page 48955]]
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 NRC action titled `NUREG-0800, ``Standard Review Plan for the
Review of Safety Analysis Reports for Nuclear Power Plants: LWR
Edition,'' Revision 1 of Standard Review Plan Section 14.3.3, ``Piping
Systems and Components--Inspections, Tests, Analyses, and Acceptance
Criteria,''' is non-major under the Congressional Review Act. The
Office of Management and Budget's decision regarding SRP 14.3.3 is
contained in ADAMS under Accession No. ML19239A003.
Dated at Rockville, Maryland, this 11th day of September, 2019.
For the Nuclear Regulatory Commission.
Jason C. Paige,
Acting Chief, Licensing Branch 3, Division of Licensing, Siting, and
Environmental Analysis, Office of New Reactors.
[FR Doc. 2019-20007 Filed 9-16-19; 8:45 am]
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