[Federal Register Volume 85, Number 174 (Tuesday, September 8, 2020)]
[Notices]
[Pages 55522-55523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19774]


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NUCLEAR REGULATORY COMMISSION

[NRC-2020-0203]


Fresh and Spent Fuel Pool Criticality Analyses

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory guide; request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment draft regulatory guide (DG), DG-1373, ``Fresh and Spent 
Fuel Pool Criticality Analyses.'' This draft guide, if finalized as a 
new regulatory guide (RG), would update and supersede Interim Staff 
Guidance DSS-ISG-2010-01, ``Staff Guidance Regarding the Nuclear 
Criticality Safety Analysis for Spent Fuel Pools.'' This draft guide 
describes an approach that the NRC staff considers acceptable to 
demonstrate that NRC regulatory requirements are met for subcriticality 
of fuel assemblies stored in fresh fuel vaults and spent fuel pools at 
light-water reactor power plants. It endorses, with clarifications and 
exceptions, the Nuclear Energy Institute (NEI) guidance document NEI 
12-16, ``Guidance for Performing Criticality Analyses of Fuel Storage 
at Light-Water Reactor Power Plants,'' Revision 4.

DATES: Submit comments by October 23, 2020. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
is able to ensure consideration only for comments received on or before 
this date. Although a time limit is given, comments and suggestions in 
connection with items for inclusion in guides currently being developed 
or improvements in all published guides are encouraged at any time.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0203. Address 
questions about Docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. For technical 
questions, contact the individuals listed in the FOR FURTHER 
INFORMATION CONTACT section of this document.
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Kent Wood, Office of Nuclear Reactor 
Regulation, telephone: 301-415-4120, email: [email protected], and 
Michael Eudy, Office of Nuclear Regulatory Research, telephone: 301-
415-3104, email: [email protected]. Both are staff of the U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2020-0203 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0203.
     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 reference staff at 1-800-397-4209, 301-415-4737, or by 
email to [email protected].

B. Submitting Comments

    Please include Docket ID NRC-2020-0203 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Additional Information

    The NRC is issuing for public comment a draft guide in the NRC's 
``Regulatory Guide'' series. This series was developed to describe 
methods that are acceptable to the NRC staff for implementing specific 
parts of the agency's regulations, to explain techniques that the staff 
uses in evaluating specific issues or postulated events, and to 
describe information that the staff needs in its review of applications 
for permits and licenses.
    The DG, titled ``Fresh and Spent Fuel Pool Criticality Analyses,'' 
is a proposed new RG temporarily identified by its task number, DG-1373 
(ADAMS Accession No. ML20182A788). It endorses, with clarifications and 
exceptions, the NEI guidance document NEI 12-16, Revision 4, (ADAMS 
Accession No. ML19269E069). This DG proposes guidance to meet 
regulatory requirements for subcriticality of fuel assemblies stored in 
fresh fuel vaults and spent fuel pools at light-water reactor power 
plants. This DG provides clarity and consistency regarding the 
necessary scope of efforts for applicants and licensees to demonstrate 
compliance with the requirements for performing criticality analyses of 
fuel storage at light-water reactor power plants under section 50.68(b) 
of title 10 of the Code of Federal Regulations (10 CFR). This DG 
applies to applicants and licensees subject to 10 CFR part 50, 
``Domestic Licensing of Production and Utilization Facilities,'' or 10 
CFR part 52, ``Licenses, Certifications, and Approvals for Nuclear 
Power Plants.''
    In addition, this proposed new RG, if finalized, would update and 
supersede Interim Staff Guidance (ISG) DSS-ISG-2010-01 (ADAMS Accession 
No. ML110620086). The ISG was issued in 2011 to support the staff's 
review of methods for performing criticality analyses submitted to 
demonstrate compliance with 10 CFR 50.68(b). The staff would withdraw 
DSS-ISG-2010-

[[Page 55523]]

01 concurrently with the issuance of this new RG. Licensees using DSS-
ISG-2010-01 to demonstrate compliance with NRC requirements may 
continue using that guidance as long as they do not change their 
licensing bases relative to that guidance.
    The staff is also issuing for public comment a draft regulatory 
analysis (ADAMS Accession No. ML20205L563). The staff develops a 
regulatory analysis to assess the value of issuing or revising a 
regulatory guide as well as alternative courses of action.

III. Backfitting, Forward Fitting, and Issue Finality

    DG-1373, if finalized, would provide guidance for performing 
criticality analyses of fuel storage at light-water reactor power 
plants. Issuance of DG-1373, if finalized, would not constitute 
backfitting as defined in 10 CFR 50.109, ``Backfitting,'' and as 
described in NRC Management Directive 8.4, ``Management of Backfitting, 
Forward Fitting, Issue Finality, and Information Requests,'' (Ref. 18); 
affect issue finality of any approval issued under 10 CFR part 52; or 
constitute forward fitting as defined in Management Directive 8.4. As 
explained in DG-1373, licensees are not required to comply with the 
positions set forth in this guide.

    Dated: September 2, 2020.

    For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guidance and Generic Issues Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2020-19774 Filed 9-4-20; 8:45 am]
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