80_FR_11733 80 FR 11691 - Reviewing and Assessing the Financial Condition of Operating Power Reactor Licensees, Including Requests for Additional Information

80 FR 11691 - Reviewing and Assessing the Financial Condition of Operating Power Reactor Licensees, Including Requests for Additional Information

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 42 (March 4, 2015)

Page Range11691-11692
FR Document2015-04479

The U.S. Nuclear Regulatory Commission (NRC) is issuing Interim Staff Guidance (ISG), OL/FR-ISG-2014-01, ``Reviewing and Assessing the Financial Condition of Operating Power Reactor Licensees, Including Requests for Additional Information,'' dated February 17, 2015. The ISG provides clarifying guidance to the NRC staff when reviewing licensee financial information, and when requesting additional information regarding licensee financial conditions, as authorized under the NRC's regulations. Such review and inquiry are performed by NRC staff for currently operating power reactor licensees, absent a licensing action such as a license transfer.

Federal Register, Volume 80 Issue 42 (Wednesday, March 4, 2015) 
[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Notices]
[Pages 11691-11692]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04479]


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NUCLEAR REGULATORY COMMISSION

[NRC-2015-0045]


Reviewing and Assessing the Financial Condition of Operating 
Power Reactor Licensees, Including Requests for Additional Information

AGENCY: Nuclear Regulatory Commission.

ACTION: Interim staff guidance; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Interim Staff Guidance (ISG), OL/FR-ISG-2014-01, ``Reviewing and 
Assessing the Financial Condition of Operating Power Reactor Licensees, 
Including Requests for Additional Information,'' dated February 17, 
2015. The ISG provides clarifying guidance to the NRC staff when 
reviewing licensee financial information, and when requesting 
additional information regarding licensee financial conditions, as 
authorized under the NRC's regulations. Such review and inquiry are 
performed by NRC staff for currently operating power reactor licensees, 
absent a licensing action such as a license transfer.

DATES: The ISG is available March 4, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0045 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0045. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. 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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then 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 pdr.resource@nrc.gov. The 
ADAMS accession number for each document referenced in this notice (if 
that document is available in ADAMS) is provided the first time that a 
document is referenced. The ISG is available in ADAMS under Accession 
No. ML14218A625.
     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: Richard Turtil, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2308; email: Richard.Turtil@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Discussion

    The purpose of this ISG is to clarify the process by which the NRC 
will review financial conditions of, and financial concerns about, 
currently operating power reactor licensees. This guidance is intended 
to provide consistency and transparency with regard to the NRC's 
financial review process for licensees (in the absence of a license 
transfer or other similar licensing action). It addresses the NRC's 
basis for financial Requests for Additional Information from licensees 
during operations, the NRC staff's evaluation of Requests for 
Additional Information responses, and the closure of such inquiries. 
This ISG is intended to enhance the NRC's financial review guidance 
presented in Section III(1)(d)--Post-OL Non-transfer Reviews, of NUREG-
1577, Revision 1, ``Standard Review Plan on Power Reactor Licensee 
Financial Qualifications and Decommissioning Funding Assurance,'' dated 
December 2001, (ADAMS Accession No. ML013330264). The guidance in this 
ISG will be included in the next update to NUREG-1577.

II. Backfitting and Issue Finality

    The NRC is issuing interim guidance for the NRC staff regarding its 
review of operating power reactor licensees' financial information. 
Issuance of the ISG does not constitute backfitting as defined in Sec.  
50.109 of Title 10 of the Code of Federal Regulations (10 CFR) (the 
Backfit Rule) and is not otherwise inconsistent with the issue finality 
provisions in 10 CFR part 52. The NRC's position is based upon the 
following considerations.
    1. The ISG positions do not constitute backfitting, inasmuch as the 
ISG is internal guidance to NRC staff.
    The ISG provides interim guidance to the NRC staff on how to review 
licensees' financial information and request additional financial 
information. Changes in internal staff guidance are not matters for 
which applicants or licensees are protected under 10 CFR 50.109 or 
issue finality provisions in 10 CFR part 52.
    2. The NRC has no intention to impose the ISG on existing nuclear 
power plant licenses either now or in the future (absent a voluntary 
request for change from the licensee).
    The NRC staff does not intend to impose or apply the positions 
described in the ISG to existing (already issued) licenses (e.g., 
operating licenses and combined licenses). Hence, the ISG--even if 
considered guidance which is within the purview of the issue finality 
provisions in 10 CFR part 52--need not be evaluated as if it were a 
backfit or as being inconsistent with issue finality provisions.
    Even if, in the future, the NRC staff seeks to impose a position in 
the ISG on holders of already issued licenses, such imposition would 
not provide any basis for the Backfit Rule or issue finality provisions 
to apply. The ISG concerns, in part, the NRC's request for operating 
power reactor licensees' financial information. Information collection 
and reporting requirements such as these are not subject to the Backfit 
Rule and issue finality provisions.

[[Page 11692]]

III. Congressional Review Act

    This action 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.

    Dated at Rockville, Maryland, this 17th day of February 2015.
    For the Nuclear Regulatory Commission.
Scott A. Morris,
Director, Division of Inspection and Regional Support, Office of 
Nuclear Reactor Regulation.
[FR Doc. 2015-04479 Filed 3-3-15; 8:45 am]
BILLING CODE 7590-01-P

Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices 11691 requires that, before ruling on the ADDRESSES: Please refer to Docket ID of such inquiries. This ISG is intended motion, the Judges publish a notice in NRC–2015–0045 when contacting the to enhance the NRC’s financial review the Federal Register seeking responses NRC about the availability of guidance presented in Section III(1)(d)— to the motion for partial distribution to information regarding this document. Post-OL Non-transfer Reviews, of ascertain whether any claimant entitled You may obtain publicly-available NUREG–1577, Revision 1, ‘‘Standard to receive the subject royalties has a information related to this document Review Plan on Power Reactor Licensee reasonable objection to the requested using any of the following methods: Financial Qualifications and distribution. Accordingly, this Notice • Federal Rulemaking Web site: Go to Decommissioning Funding Assurance,’’ seeks comments from interested http://www.regulations.gov and search dated December 2001, (ADAMS claimants on whether any reasonable for Docket ID NRC–2015–0045. Address Accession No. ML013330264). The objection exists that would preclude the questions about NRC dockets to Carol guidance in this ISG will be included in distribution of 60% of the 2013 cable Gallagher; telephone: 301–415–3463; the next update to NUREG–1577. royalty funds to the Phase I Claimants. email: Carol.Gallagher@nrc.gov. For Parties making objection to the partial technical questions, contact the II. Backfitting and Issue Finality distribution must advise the Judges of individual listed in the FOR FURTHER The NRC is issuing interim guidance the existence and extent of all objections INFORMATION CONTACT section of this for the NRC staff regarding its review of by the end of the comment period. The document. operating power reactor licensees’ Judges will not consider any objections • NRC’s Agencywide Documents financial information. Issuance of the with respect to the partial distribution Access and Management System ISG does not constitute backfitting as motion that come to their attention after (ADAMS): You may obtain publicly defined in § 50.109 of Title 10 of the the close of the comment period. available documents online in the Code of Federal Regulations (10 CFR) The Judges have caused the Motion of ADAMS Public Documents collection at (the Backfit Rule) and is not otherwise the Phase I Claimants for Partial http://www.nrc.gov/reading-rm/ inconsistent with the issue finality Distribution to be posted on the adams.html. To begin the search, select provisions in 10 CFR part 52. The NRC’s Copyright Royalty Board Web site at ‘‘ADAMS Public Documents’’ and then position is based upon the following http://www.loc.gov/crb. select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, considerations. Dated: February 26, 2015. please contact the NRC’s Public 1. The ISG positions do not constitute Suzanne M. Barnett, Document Room (PDR) reference staff at backfitting, inasmuch as the ISG is Chief U.S. Copyright Royalty Judge. internal guidance to NRC staff. 1–800–397–4209, 301–415–4737, or by [FR Doc. 2015–04509 Filed 3–3–15; 8:45 am] email to pdr.resource@nrc.gov. The The ISG provides interim guidance to BILLING CODE 1410–72–P ADAMS accession number for each the NRC staff on how to review document referenced in this notice (if licensees’ financial information and that document is available in ADAMS) request additional financial information. NUCLEAR REGULATORY is provided the first time that a Changes in internal staff guidance are COMMISSION document is referenced. The ISG is not matters for which applicants or available in ADAMS under Accession licensees are protected under 10 CFR [NRC–2015–0045] No. ML14218A625. 50.109 or issue finality provisions in 10 Reviewing and Assessing the Financial • NRC’s PDR: You may examine and CFR part 52. Condition of Operating Power Reactor purchase copies of public documents at the NRC’s PDR, Room O1–F21, One 2. The NRC has no intention to Licensees, Including Requests for impose the ISG on existing nuclear Additional Information White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. power plant licenses either now or in the AGENCY: Nuclear Regulatory future (absent a voluntary request for FOR FURTHER INFORMATION CONTACT: Commission. change from the licensee). Richard Turtil, Office of Nuclear Reactor ACTION: Interim staff guidance; issuance. Regulation, U.S. Nuclear Regulatory The NRC staff does not intend to Commission, Washington, DC 20555– impose or apply the positions described SUMMARY: The U.S. Nuclear Regulatory 0001; telephone: 301–415–2308; email: in the ISG to existing (already issued) Commission (NRC) is issuing Interim Richard.Turtil@nrc.gov. licenses (e.g., operating licenses and Staff Guidance (ISG), OL/FR–ISG–2014– combined licenses). Hence, the ISG— SUPPLEMENTARY INFORMATION: 01, ‘‘Reviewing and Assessing the even if considered guidance which is Financial Condition of Operating Power I. Discussion within the purview of the issue finality Reactor Licensees, Including Requests The purpose of this ISG is to clarify provisions in 10 CFR part 52—need not for Additional Information,’’ dated the process by which the NRC will be evaluated as if it were a backfit or as February 17, 2015. The ISG provides review financial conditions of, and being inconsistent with issue finality clarifying guidance to the NRC staff financial concerns about, currently provisions. when reviewing licensee financial operating power reactor licensees. This Even if, in the future, the NRC staff information, and when requesting guidance is intended to provide seeks to impose a position in the ISG on additional information regarding consistency and transparency with holders of already issued licenses, such licensee financial conditions, as regard to the NRC’s financial review imposition would not provide any basis authorized under the NRC’s regulations. mstockstill on DSK4VPTVN1PROD with NOTICES process for licensees (in the absence of for the Backfit Rule or issue finality Such review and inquiry are performed a license transfer or other similar provisions to apply. The ISG concerns, by NRC staff for currently operating licensing action). It addresses the NRC’s in part, the NRC’s request for operating power reactor licensees, absent a basis for financial Requests for power reactor licensees’ financial licensing action such as a license Additional Information from licensees information. Information collection and transfer. during operations, the NRC staff’s reporting requirements such as these are DATES: The ISG is available March 4, evaluation of Requests for Additional not subject to the Backfit Rule and issue 2015. Information responses, and the closure finality provisions. VerDate Sep<11>2014 18:11 Mar 03, 2015 Jkt 235001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1

11692 Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices III. Congressional Review Act INFORMATION CONTACT section of this www.regulations.gov as well as entering This action is a rule as defined in the document. the comment submissions into ADAMS. • Mail comments to: Cindy Bladey, The NRC does not routinely edit Congressional Review Act (5 U.S.C. Office of Administration, Mail Stop: comment submissions to remove 801–808). However, the Office of OWFN–12–H08, U.S. Nuclear identifying or contact information. Management and Budget has not found Regulatory Commission, Washington, If you are requesting or aggregating it to be a major rule as defined in the DC 20555–0001. comments from other persons for Congressional Review Act. For additional direction on accessing submission to the NRC, then you should Dated at Rockville, Maryland, this 17th day information and submitting comments, inform those persons not to include of February 2015. see ‘‘Obtaining Information and For the Nuclear Regulatory Commission. identifying or contact information that Submitting Comments’’ in the they do not want to be publicly Scott A. Morris, SUPPLEMENTARY INFORMATION section of disclosed in their comment submission. Director, Division of Inspection and Regional this document. Your request should state that the NRC Support, Office of Nuclear Reactor FOR FURTHER INFORMATION CONTACT: does not routinely edit comment Regulation. Marilyn Diaz, Office of Nuclear Material submissions to remove such information [FR Doc. 2015–04479 Filed 3–3–15; 8:45 am] Safety and Safeguards, U.S. Nuclear before making the comment BILLING CODE 7590–01–P Regulatory Commission, Washington DC submissions available to the public or 20555–0001; telephone: 301–287–9068, entering the comment submissions into email: Marilyn.Diaz@nrc.gov. ADAMS. NUCLEAR REGULATORY COMMISSION SUPPLEMENTARY INFORMATION: II. Background I. Obtaining Information and A fuel cycle facility licensee that is [NRC–2015–0044] Submitting Comments regulated under part 70 of Title 10 of the Guidance for Evaluation of Acute A. Obtaining Information Code of Federal Regulations (10 CFR), Chemical Exposures and Proposed and that is subject to subpart H, Please refer to Docket ID NRC–NRC– Quantitative Standards ‘‘Additional Requirements for Certain 2015–0044 when contacting the NRC Licensees Authorized to Possess a AGENCY: Nuclear Regulatory about the availability of information for Critical Mass of Special Nuclear Commission. this action. You may obtain publicly- Material,’’ is required to conduct an available information related to this ACTION: Draft interim staff guidance; Integrated safety analysis (ISA) and action by any of the following methods: request for comment. • Federal Rulemaking Web site: Go to submit an ISA summary that supports http://www.regulations.gov and search the license application. As relevant to SUMMARY: The U.S. Nuclear Regulatory the ISG, the 10 CFR 70.65(b)(7) Commission (NRC) is soliciting public for Docket ID NRC–2015–0044. • NRC’s Agencywide Documents provision requires that for all credible comment on its draft Interim Staff acute chemical exposure events set forth Guidance (ISG), ‘‘Guidance for Access and Management System (ADAMS): You may obtain publicly in 10 CFR 70.61(b)(4) and (c)(4), the ISA Evaluation of Acute Chemical summary describe ‘‘the proposed Exposures and Proposed Quantitative available documents online in the ADAMS Public Documents collection at quantitative standards used to assess the Standards.’’ The ISG supplements consequences to an individual from existing guidance in NUREG–1520, http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select acute chemical exposure to licensed ‘‘Standard Review Plan for the Review material or chemicals produced from of a License Application for a Fuel ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS licensed materials.’’ Cycle Facility,’’ by providing additional The ISG will assist the NRC in guidance for the NRC to follow when Search.’’ For problems with ADAMS, please contact the NRC’s Public determining whether ISA summaries evaluating descriptions of proposed and the underlying ISAs conducted by quantitative standards. The ISG Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by applicants or licensees adequately identifies sources of information on consider all credible acute chemical which proposed quantitative standards email to pdr.resource@nrc.gov. The draft ISG is available in ADAMS under exposure events and exposure may be based. pathways. The ISG identifies several Accession No. ML15051A029. DATES: Submit comments by May 18, • NRC’s PDR: You may examine and sources of chemical hazards information 2015. Comments received after this date purchase copies of public documents at on which proposed quantitative will be considered if it is practical to do the NRC’s PDR, Room O1–F21, One standards may be based. As stated in the so, but the Commission is able to ensure White Flint North, 11555 Rockville ISG, these sources of information consideration only for comments Pike, Rockville, Maryland 20852. include the Emergency Response received before this date. Planning Guidelines (ERPGs), the Acute ADDRESSES: You may submit comments B. Submitting Comments Exposure Guidelines Levels (AEGLs), by any of the following methods (unless Please include Docket ID NRC–2015– Temporary Emergency Exposure Levels this document describes a different 0044 in the subject line of your (TEELs), and the Globally Harmonized method for submitting comments on a comment submission, in order to ensure System of Classification and Labeling of specific subject): that the NRC is able to make your Chemicals (GHS). The ERPGs, AEGLs, • Federal Rulemaking Web site: Go to mstockstill on DSK4VPTVN1PROD with NOTICES comment submission available to the TEELs and GHS hazard statements http://www.regulations.gov and search public in this docket. contain information relevant to for Docket ID NRC–2015–0044. Address The NRC cautions you not to include inhalation exposure pathways. As questions about NRC dockets to Carol identifying or contact information that detailed in the ISG, the National Gallagher; telephone: 301–415–3463; you do not want to be publicly Institute for Occupational Safety and email: Carol.Gallagher@nrc.gov. For disclosed in your comment submission. Health Skin Notations, and the GHS technical questions, contact the The NRC posts all comment hazards statements, contain useful data individual listed in the FOR FURTHER submissions at http:// on which an applicant may base its VerDate Sep<11>2014 18:11 Mar 03, 2015 Jkt 235001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1


Document Created: 2018-02-21 09:31:33
Document Modified: 2018-02-21 09:31:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionInterim staff guidance; issuance.
DatesThe ISG is available March 4, 2015.
ContactRichard Turtil, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2308; email: [email protected]
FR Citation80 FR 11691 
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