80 FR 18261 - Missiles Generated by Extreme Winds

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 64 (April 3, 2015)

Page Range		18261-18262
FR Document		2015-07709

The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to the following section in Chapter 3 of NUREG-0800, ``Standard Review Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,'' Section 3.5.1.4, ``Missiles Generated by Extreme Winds.''

Federal Register, Volume 80 Issue 64 (Friday, April 3, 2015)

[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Pages 18261-18262]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07709]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2013-0161]


Missiles Generated by Extreme Winds

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan- section revision; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
final revision to the following section in Chapter 3 of NUREG-0800, 
``Standard Review Plan (SRP) for the Review of Safety Analysis Reports 
for Nuclear Power Plants: LWR Edition,'' Section 3.5.1.4, ``Missiles 
Generated by Extreme Winds.''

DATES: The effective date of this Standard Review Plan revision is May 
4, 2015.

ADDRESSES: Please refer to Docket ID NRC-2013-0161 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-2013-0161. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual(s) 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 [email protected]. The 
ADAMS accession number for each document referenced (if it available in 
ADAMS) is provided the first time that a document is referenced. The 
final revision for SRP Section 3.5.1.4, ``Missiles Generated by Extreme 
Winds,'' is available in ADAMS under Accession No. ML14190A180. The 
previously issued draft revision for public comment is available in 
ADAMS under Accession No. ML13043A004.
     The NRC posts its issued staff guidance on the NRC's 
external Web page: http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/.

FOR FURTHER INFORMATION CONTACT: Jonathan DeGange, telephone: 301-415-
6992; email: [email protected], or Nishka Devaser, telephone: 
301-415-5196; email: [email protected], both are staff of the 
Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 8, 2013 (78 FR 48503), the NRC staff published for public 
comment the proposed revision to SRP Section 3.5.1.4, ``Missiles 
Generated by Extreme Winds.'' The staff received no comments on the 
proposed revision. The staff is issuing the guidance in final form for 
use. There have been no changes made to the guidance since it was 
issued in proposed form for public comment. Details of specific changes 
between current SRP guidance and the revised guidance issued here are 
included at the end of each of the revised sections themselves, under 
the ``Description of Changes,'' subsections.

II. Backfitting and Issue Finality

    This SRP section revision provides guidance to the NRC staff for 
reviewing applications for a construction permit and an operating 
license under part 50 of Title 10 of the Code of Federal Regulations 
(10 CFR), with respect to the impacts of external missiles generated by 
tornadoes and extreme winds. The SRP also provides guidance for 
reviewing an application for a standard design approval; a standard 
design certification; a combined license; and a manufacturing license 
under 10 CFR part 52 with respect to those same subject matters.
    Issuance of this final SRP section revision does not constitute 
backfitting as defined in 10 CFR 50.109 (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 would not constitute backfitting, inasmuch as 
the SRP is internal guidance to the NRC staff.
    The SRP provides internal guidance to the NRC staff on how to 
review an application for NRC regulatory approval in the form of 
licensing. Changes in internal staff guidance are not matters for which 
either nuclear power plant applicants or licensees are protected under 
either the Backfit Rule or the issue finality provisions of 10 CFR part 
52.
    2. The NRC staff has no intention to impose the SRP positions on 
existing licensees and regulatory approvals either now or in the 
future.
    The NRC staff does not intend to impose or apply the positions 
described in the SRP to existing licenses and regulatory approvals. 
Hence, the issuance of this SRP--even if considered guidance within the 
purview of the issue finality provisions in 10 CFR part 52--does 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 does not provide issue finality as described in the 
applicable issue finality provision, then the staff must make the 
showing as set forth in the Backfit Rule or address the criteria for 
avoiding issue finality as described in the applicable issue finality 
provision.
    3. Backfitting and issue finality do not--with limited exceptions 
not applicable here--protect current or future applicants.
    Applicants and potential applicants are not, with certain 
exceptions, protected by either the Backfit Rule or any issue finality 
provisions under 10 CFR part 52. Neither the Backfit Rule nor the issue 
finality provisions under 10 CFR part 52--with certain exclusions--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 an 
applicant references a 10 CFR part 52 license (e.g., an early site 
permit) or NRC regulatory approval (e.g., a design certification rule) 
with specified issue

[[Page 18262]]

finality provisions. The staff does not, at this time, intend to impose 
the positions represented in the SRP in a manner that is inconsistent 
with any issue finality provisions. If, in the future, the staff seeks 
to impose a position in the SRP section in a manner that does not 
provide issue finality as described in the applicable issue finality 
provision, then the staff must address the criteria for avoiding issue 
finality as described in the applicable issue finality provision.

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 24th day of March, 2015. For 
the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, New Reactor Rulemaking and Guidance Branch, Division of Advanced 
Reactors and Rulemaking, Office of New Reactors.
[FR Doc. 2015-07709 Filed 4-2-15; 8:45 am]
 BILLING CODE 7590-01-P

18262 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices

finality provisions. The staff does not, at approximately 15 miles east-northeast of MEAG Power, the Project Companies, and
this time, intend to impose the positions Waynesboro, GA, and 26 miles DOE. All that remains at this juncture is the
represented in the SRP in a manner that southeast of Augusta, GA. receipt of certain promissory notes and other
financing documents from the U.S. FFB. At
is inconsistent with any issue finality that point, MEAG Power will be in a position
II
provisions. If, in the future, the staff to cause judicial proceedings to be instituted
seeks to impose a position in the SRP The U.S. Nuclear Regulatory in State court to validate the DOE-guaranteed
section in a manner that does not Commission’s (NRC’s) order, dated loans (including the definitive agreements)
provide issue finality as described in the April 29, 2014, approved three direct and the new offtake arrangements with the
applicable issue finality provision, then transfers of portions of MEAG Power’s project companies and to re-validate the
the staff must address the criteria for 22.7 percent undivided ownership existing arrangements (including the bond
avoiding issue finality as described in interest in VEGP, Units 3 and 4. Each of resolutions and the amended offtake
arrangements with the offtakers), all of which
the applicable issue finality provision. these three transfers may occur
include a validation of the enforceability of
independently of, or in conjunction all of these arrangements in connection with
III. Congressional Review Act
with, the others, as follows: the planned DOE-guaranteed loans. In
This action is a rule as defined in the (1) Transfer of a 7.6886571 percent addition to the validation proceedings, DOE
Congressional Review Act (5 U.S.C. undivided interest in VEGP, Units 3 and must also conclude its internal agency review
801–808). However, the Office of 4, from MEAG Power to MEAG Power of the definitive agreements, which includes
Management and Budget has not found SPVM, LLC (Project M); input from the U.S. Office of Management
it to be a major rule as defined in the (2) transfer of a 9.3466423 percent and Budget (OMB). While MEAG Power is
Congressional Review Act. optimistic that the judicial proceedings will
undivided interest in VEGP, Units 3 and result in validation of the agreements and
Dated at Rockville, Maryland, this 24th day 4, from MEAG Power to MEAG Power amended bond resolutions, which is a
of March, 2015. For the Nuclear Regulatory SPVJ, LLC (Project J); and condition of the financial closing of the DOE-
Commission. (3) transfer of a 5.6647006 percent guaranteed loans from the U.S. FFB, and that
Joseph Colaccino, undivided interest in VEGP, Units 3 and DOE and OMB will favorably review the
Chief, New Reactor Rulemaking and 4, from MEAG Power to MEAG Power definitive loan agreements, it is difficult to be
Guidance Branch, Division of Advanced SPVP, LCC (Project P). certain that the final Federal review will be
Reactors and Rulemaking, Office of New The application for the transfers was concluded and the required State court order
Reactors. will be issued in time to support a closing
in connection with the finalization of of the transactions by April 29, 2015.
[FR Doc. 2015–07709 Filed 4–2–15; 8:45 am] three loans from the U.S. Federal
BILLING CODE 7590–01–P Finance Bank (U.S. FFB) or one or more SNC further states that there have
third-party lenders to be guaranteed by been no changes in the information and
the U.S. Department of Energy (DOE) technical and financial qualifications
NUCLEAR REGULATORY through its loan guarantee program for presented in its December 2, 2013,
COMMISSION the development of advanced nuclear request to transfer the licenses.
energy facilities. By its terms, the April Moreover, the basis for granting that
[NRC–2008–0252; Docket Nos. 52–025 & 52–
026; Combined License Nos. NPF–91 & 29, 2014, order stated that, ‘‘Should the request has not changed and remains
NPF–92] transfer of the license not be completed valid. The NRC staff notes that its basis
within one year of this Order’s date of for approving the transfers of MEAG
In the Matter of Municipal Electric issue, this Order shall become null and Power’s licenses for VEGP, Units 3 and
Authority of Georgia (Vogtle Electric void, provided, however, that upon 4, is documented in its safety evaluation
Generating Plant, Units 3 & 4); Order written application and for good cause supporting the April 29, 2014, order.
Extending the Date by Which the Direct shown, such date may be extended by Based on the foregoing representations
Transfer of Licenses Is To Be order.’’ of SNC, the NRC staff concludes that the
Completed basis for approval has not changed since
III the issuance of the April 29, 2014,
I
By letter dated February 12, 2015, order.
Georgia Power Company, Oglethorpe SNC on behalf of MEAG Power The NRC staff has considered the
Power Corporation, Municipal Electric requested that the April 29, 2014, order submittal of February 12, 2015, and has
Authority of Georgia (MEAG Power), the be extended by 6 months, to October 29, determined that good cause has been
City of Dalton, Georgia, an incorporated 2015. SNC, in its February 12, 2015, shown to extend by 6 months, until
municipality in the State of Georgia letter states that: October 29, 2015, the date by which the
citing by and through its Board of license transfers must be completed.
Water, Light and Sinking Fund Diligent efforts have been made to
Commissioners (City of Dalton), and negotiate the definitive financing agreements IV
with the DOE. Those negotiations have, for Accordingly, under Sections 161b,
Southern Nuclear Operating Co., Inc.
the most part, concluded. However, certain
(SNC) (collectively, the owners) are provisions in those agreements necessitated
161i, and 184 of the Act, 42 U.S.C.
holders of combined license (COL) Nos. amendments to preexisting long term ‘‘cost Sections 2201(b), 2201(i), and 2234; and
NPF–91 and NPF–92. These COLs passthrough [sic]’’ contracts between MEAG under Title 10, ‘‘Energy,’’ of the Code of
authorize SNC to construct, possess, Power and the counterparties (offtakers) to Federal Regulations Part 50.80,
use, and operate Vogtle Electric those contracts. While those negotiations ‘‘Transfers of Licenses—Creditors’
Generating Plant (VEGP), Units 3 and 4, took much longer than MEAG Power Rights—Surrender of Licenses,’’ It Is
asabaliauskas on DSK5VPTVN1PROD with NOTICES

and the owners to possess but not anticipated when the license transfer Hereby Ordered that the order granting
operate VEGP, Units 3 and 4. The application was submitted in December 2013, the direct license transfer, ‘‘Order
those negotiations have concluded, and Approving Transfer of License and
facility, which is currently under
amended contracts, dated December 31,
construction, is adjacent to existing 2014, were executed by MEAG Power and
Conforming Amendment,’’ dated April
VEGP, Units 1 and 2, on a 3,169-acre each of the offtakers. In addition, on 29, 2014, be extended by 6 months, to
coastal plain bluff on the southwest side December 23, 2014, MEAG Power’s board October 29, 2015. If the proposed direct
of the Savannah River in eastern Burke approved, in substantially final form, the transfer of licenses is not completed by
County, GA. The facility is definitive financing agreements among October 29, 2015, this order and the

VerDate Sep<11>2014 17:49 Apr 02, 2015 Jkt 235001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\03APN1.SGM 03APN1

Document Created: 2015-12-18 15:29:18
Document Modified: 2015-12-18 15:29:18

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Standard review plan- section revision; issuance.
Dates		The effective date of this Standard Review Plan revision is May 4, 2015.
Contact		Jonathan DeGange, telephone: 301-415- 6992; email: [email protected], or Nishka Devaser, telephone: 301-415-5196; email: [email protected], both are staff of the Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation		80 FR 18261