[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 37963-37964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13646]
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NUCLEAR REGULATORY COMMISSION
[NRC-2020-0145]
Format Options for Requesting and Documenting Evaluation of
Alternatives
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of format for certain relief requests from licensees.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is notifying the
public of an online submission option and format for documenting the
NRC's evaluation of a request for an alternative to the regulatory
requirements.
DATES: The format described in this document will take effect on June
19, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0145 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 https://www.regulations.gov/ and search for Docket ID NRC-2020-0145. Address
questions about NRC docket IDs 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 https://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].
NRC's Public Website: The online form is available in the
NRC's public website at https://www.nrc.gov/about-nrc/covid-19/reactors/.
FOR FURTHER INFORMATION CONTACT: James G. Danna, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
7422, email: [email protected].
SUPPLEMENTARY INFORMATION: On January 31, 2020, the U.S. Department of
Health and Human Services declared a public health emergency (PHE) for
the United States to aid the nation's healthcare community in
responding to the Coronavirus Disease 2019 (COVID-19). On March 11,
2020, the COVID-19 outbreak was characterized as a pandemic by the
World Health Organization.
As discussed during a public meeting held on March 20, 2020, with
nuclear industry representatives and members of the public, this is an
unprecedented time for our country, the NRC, and its regulated
entities. The NRC is committed to following the NRC's Principles of
Good Regulation (independence, openness, efficiency, clarity, and
reliability) while performing our mission. In keeping with these
principles, the NRC is providing additional flexibility by creating an
online submission form licensees may use to request relief in the form
of alternatives under Title 10 of the Code of Federal Regulations (10
CFR) Section 50.55a(z), ``Alternatives to codes and standards
requirements,'' from certain NRC regulatory requirements in 10 CFR
50.55a(b) through (h).
The regulations in 10 CFR 50.55a(z), ``Alternatives to codes and
standards requirements,'' state:
Alternatives to the requirements of paragraphs (b) through (h) of
this section or portions thereof may be used when authorized by the
Director, Office of Nuclear Reactor Regulation. A proposed alternative
must be submitted and authorized prior to implementation. The applicant
or licensee must demonstrate that:
(1) Acceptable level of quality and safety. The proposed
alternative would provide an acceptable level of quality and safety;
or
(2) Hardship without a compensating increase in quality and
safety. Compliance with the specified requirements of this section
would result in hardship or unusual difficulty without a
compensating increase in the level of quality and safety.
In response to the COVID-19 PHE and the anticipated requests by
licensees for
[[Page 37964]]
alternatives to certain regulatory requirements in 10 CFR 50.55a,
``Codes and standards,'' the NRC's Office of Nuclear Reactor Regulation
is providing a Web-based online form that licensees may use to submit
their requests. The online form may only be used for requests to use
alternatives submitted under 10 CFR 50.55a(z). The form may be used
regardless of whether the request is related to COVID-19. Any licensee
wishing to request an alternative under 10 CFR 50.55a(z) may use the
form. Use of the online form by licensees is optional. Whether a
licensee chooses to use a traditional method to submit a request or
opts to use the online submission form, the licensee must adhere to the
requirements of 10 CFR 50.4, ``Written Communications,'' and submit all
information necessary for the NRC to conduct a technical evaluation of
the request. The licensee's submittal will be captured as an official
agency record in ADAMS. The public and stakeholders will have access
through ADAMS to the licensee's request and the supporting information
provided by the licensee.
Additionally, the NRC will use a streamlined format for documenting
its regulatory and technical evaluation and issuing an approval of a
licensee's request for an alternative under 10 CFR 50.55a(z). This
format is different from the expedited processing the NRC has used on
some COVID-related matters. It will not affect the way in which the NRC
reviews the requests for alternatives, it will just streamline format
in which that review is documented. This streamlined format will still
consist of a safety evaluation that documents the rationale for the
NRC's decision. The NRC expects that the streamlined format will reduce
the amount of information repeated from other sources, such as the
licensee's application. For example, safety evaluations will no longer
extensively quote from the application in a ``Licensee's Proposed
Alternative'' section. That information will, however, still be
available to the public in the application, which the safety evaluation
will cite, along with an ADAMS accession number. The format will still
provide the same level of detail for the NRC's regulatory and technical
evaluation of the licensee's request. The public will continue to have
the same level of access to the information documenting the NRC staff's
decision in response to the licensee's request. The online form is
available in the NRC's public website at https://www.nrc.gov/about-nrc/covid-19/reactors/.
Dated: June 19, 2020.
For the Nuclear Regulatory Commission.
James G. Danna,
Chief, Plant Licensing Branch 1, Division of Operating Reactor
Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2020-13646 Filed 6-23-20; 8:45 am]
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