[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Pages 11563-11564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03865]




Guidance for Changes During Construction for New Nuclear Power 
Plants Licenses

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a new 
Regulatory Guide (RG) 1.237, entitled ``Guidance for Changes During 
Construction for Nuclear Power Plants Being Constructed Under a 
Combined License Referencing a Certified Design Under 10 CFR part 52.'' 
This regulatory guide (RG) describes a process that the NRC staff 
considers acceptable for implementation of changes to the design of 
structures, systems, and components of a facility being constructed 
under a combined operating license that references a certified design.

DATES: RG 1.237 is available on February 25, 2021.

ADDRESSES: Please refer to Docket ID NRC-2020-0106 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-2020-0106. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individuals 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]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document.
     Attention: The PDR, where you may examine and order copies 
of public documents, is currently closed. You may submit your request 
to the PDR via email at [email protected] or call 1-

[[Page 11564]]

800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m. (EST), 
Monday through Friday, except Federal holidays.
    RG 1.237 and the regulatory analysis may be found in ADAMS under 
Accession Nos. ML20349A335 and ML20010G336.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

FOR FURTHER INFORMATION CONTACT: Michael Eudy, Office of Nuclear 
Regulatory Research, telephone: 301-415-1304, email: 
[email protected] and Marieliz Johnson, Office of Nuclear Reactor 
Regulation, telephone: 301-415-5861, email: [email protected]. 
Both are staff of the U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.


I. Discussion

    The NRC is issuing a new guide in the NRC's ``Regulatory Guide'' 
series. This series was developed to describe and make available to the 
public information regarding methods that are acceptable to the NRC 
staff for implementing specific parts of the agency's regulations, 
techniques that the NRC staff uses in evaluating specific issues or 
postulated events, and data that the NRC staff needs in its review of 
applications for permits and licenses.

II. Additional Information

    RG 1.237 was issued with a temporary identification of draft 
regulatory guide (DG)-1321. The NRC published a notice of the 
availability of DG-1321 in the Federal Register on May 5, 2020 (85 FR 
26725) for a 60-day public comment period. The public comment period 
closed on July 6, 2020. Public comments on DG-1321 and the staff 
responses to the public comments are available in ADAMS under Accession 
No. ML20349A336.

III. Congressional Review Act

    This RG is a rule as defined in the Congressional Review Act (5 
U.S.C. 801-808). However, the Office of Management and Budget has not 
found it to be a major rule as defined in the Congressional Review Act.

IV. Backfitting, Forward Fitting, and Issue Finality

    This RG provides guidance on implementation of a process for making 
changes to the design of structures, systems, and components of a 
facility being constructed under a combined license. Issuance of this 
RG, would not constitute backfitting as defined in section 50.109 of 
title 10 of the Code of Federal Regulations (10 CFR), ``Backfitting,'' 
and as described in NRC Management Directive 8.4, ``Management of 
Backfitting, Forward Fitting, Issue Finality, and Information 
Requests''; affect issue finality of any approval issued under 10 CFR 
part 52, ``Licenses, Certificates, and Approvals for Nuclear Power 
Plants''; or constitute forward fitting as defined in MD 8.4, because, 
as explained in this RG, licensees are not required to comply with the 
positions set forth in this RG. If, in the future, the NRC were to 
impose a position in this RG in a manner that would constitute 
backfitting or forward fitting or affect the issue finality for a part 
52 approval, then the NRC would address the backfitting provision in 10 
CFR 50.109, the forward fitting provision of MD 8.4, or the applicable 
issue finality provision in part 52, respectively.

    Dated: February 19, 2021.

    For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guidance and Generic Issues Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2021-03865 Filed 2-24-21; 8:45 am]