80_FR_37792 80 FR 37666 - Acceptance of Commercial-Grade Design and Analysis Computer Programs for Nuclear Power Plants

80 FR 37666 - Acceptance of Commercial-Grade Design and Analysis Computer Programs for Nuclear Power Plants

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 126 (July 1, 2015)

Page Range37666-37667
FR Document2015-16131

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG), DG-1305, ``Acceptance of Commercial-Grade Design and Analysis Computer Programs for Nuclear Power Plants.'' This DG provides new (i.e., not preceded by earlier guidance on the same subject) guidance that describes acceptance methods that the staff of the NRC considers acceptable in meeting regulatory requirements for acceptance and dedication of commercial- grade design and analysis computer programs for nuclear power plants.

Federal Register, Volume 80 Issue 126 (Wednesday, July 1, 2015)
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Notices]
[Pages 37666-37667]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16131]


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NUCLEAR REGULATORY COMMISSION

[NRC-2015-0153]


Acceptance of Commercial-Grade Design and Analysis Computer 
Programs for Nuclear Power Plants

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory guide; request for comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment draft regulatory guide (DG), DG-1305, ``Acceptance of 
Commercial-Grade Design and Analysis Computer Programs for Nuclear 
Power Plants.'' This DG provides new (i.e., not preceded by earlier 
guidance on the same subject) guidance that describes acceptance 
methods that the staff of the NRC considers acceptable in meeting 
regulatory requirements for acceptance and dedication of commercial-
grade design and analysis computer programs for nuclear power plants.

DATES: Submit comments by August 31, 2015. 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 
(unless this document describes a different method for submitting 
comments on a specified subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0153. 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.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on accessing information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: George Lipscomb, Office of New

[[Page 37667]]

Reactors, 301-415-6838, email: [email protected], or Steve 
Burton, Office of Nuclear Regulatory Research, 301-415-7000, email: 
[email protected]. 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-2015-0153 when contacting the NRC 
about the availability of information regarding this document. You may 
obtain publically-available information related to this document, by 
any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0153.
     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 available in 
ADAMS), is provided the first time that a document is referenced. The 
DG is electronically available in ADAMS under Accession No. 
ML14119A286.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2015-0153 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    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 http://www.regulations.gov as well as enters 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 submissions into ADAMS.

II. Additional Information

    The NRC is issuing for public comment a DG 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 
NRC's regulations, techniques that the staff uses in evaluating 
specific issues or postulated events, and data that the staff needs in 
its review of applications for permits and licenses.
    The DG, entitled, ``Acceptance of Commercial-Grade Design and 
Analysis Computer Programs for Nuclear Power Plants,'' is temporarily 
identified by its task number, DG-1305. This DG provides new guidance 
that describes acceptance methods that the staff of the NRC considers 
acceptable in meeting regulatory requirements for acceptance and 
dedication of commercial-grade design and analysis computer programs 
for nuclear power plants.

II. Backfitting and Issue Finality

    Draft Guide-1305 describes acceptable methods for meeting the 
dedication requirements in part 21 of title 10 of the Code of Federal 
Regulations (10 CFR) and 10 CFR 50.55(e) with respect to design and 
analysis computer programs for nuclear power plants. The draft 
regulatory guide, if finalized, would not constitute backfitting as 
defined in 10 CFR 50.109 (the Backfit Rule) and is not otherwise 
inconsistent with the issue finality provisions in 10 CFR part 52, 
``Licenses, Certifications and Approvals for Nuclear Power Plants.'' 
This regulatory guide, if finalized, represents the first NRC guidance 
on this subject. Issuance of new guidance, by itself, does not 
represent backfitting unless the NRC intends to impose the guidance on 
existing licensees and currently-approved design certification rules 
issued under part 52. The NRC does not have such an intention. Existing 
licensees and applicants of final design certification rules will not 
be required to comply with the positions set forth in this draft 
regulatory guide, unless the licensee or design certification rule 
applicant seeks a voluntary change to its licensing basis with respect 
to safety-related power operated valve actuators, and where the NRC 
determines that the safety review must include consideration of the 
qualification of the valve actuators. Further information on the 
staff's use of the draft regulatory guide, if finalized, is contained 
in the draft regulatory guide under Section D. Implementation.
    Applicants and potential applicants are not, with certain 
exceptions, afforded protection by either the Backfit Rule or any issue 
finality provisions under part 52. Neither the Backfit Rule nor the 
issue finality provisions under part 52--with certain exclusions 
discussed below--were intended to apply to every NRC action which 
substantially changes the expectations of current and future 
applicants. Therefore, the positions in any final draft regulatory 
guide, if imposed on applicants, would not represent backfitting 
(except as discussed below). The exceptions to the general principle 
are applicable whenever a combined license applicant references a part 
52 license (i.e., an early site permit or a manufacturing license) and/
or part 52 regulatory approval (i.e., a design certification rule or 
design approval. The staff does not, at this time, intend to impose the 
positions represented in the draft regulatory guide in a manner that is 
inconsistent with any issue finality provisions in these part 52 
licenses and regulatory approvals. If, in the future, the staff seeks 
to impose a position in this regulatory guide in a manner which 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 applicable issue finality 
provision.

    Dated at Rockville, Maryland, this 24th day of June, 2015.

    For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guidance and Generic Issues Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2015-16131 Filed 6-30-15; 8:45 am]
BILLING CODE 7590-01-P



                                              37666                         Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices

                                                The NRC invites the following entities                contacting the NRC Project Manager,                    NUCLEAR REGULATORY
                                              to participate in scoping:                              Michael Wentzel, by telephone at 1–                    COMMISSION
                                                a. The applicant, PG&E;                               800–368–5642, extension 6459, or by
                                                b. Any Federal agency which has                                                                              [NRC–2015–0153]
                                                                                                      email at Michael.Wentzel@nrc.gov, no
                                              jurisdiction by law or special expertise                later than July 31, 2015. Members of the               Acceptance of Commercial-Grade
                                              with respect to any environmental                       public may also register to speak at the               Design and Analysis Computer
                                              impact involved or which is authorized                  meeting within 15 minutes of the start                 Programs for Nuclear Power Plants
                                              to develop and enforce relevant
                                                                                                      of each session. Individual oral
                                              environmental standards;                                                                                       AGENCY: Nuclear Regulatory
                                                c. Affected State and local agencies,                 comments may be limited by the time
                                                                                                      available, depending on the number of                  Commission.
                                              including those authorized to develop                                                                          ACTION: Draft regulatory guide; request
                                              and enforce relevant environmental                      persons who register. Members of the
                                                                                                      public who have not registered may also                for comment.
                                              standards;
                                                d. Any affected Indian tribe;                         have an opportunity to speak if time                   SUMMARY:   The U.S. Nuclear Regulatory
                                                e. Any person who has requested an                    permits. Public comments will be                       Commission (NRC) is issuing for public
                                              opportunity to participate in the scoping               considered in the scoping process for                  comment draft regulatory guide (DG),
                                              process; and                                            the supplement to the GEIS. Michael                    DG–1305, ‘‘Acceptance of Commercial-
                                                f. Any person who has petitioned for                  Wentzel will need to be contacted no                   Grade Design and Analysis Computer
                                              leave to intervene in the proceeding or                 later than July 22, 2015, if special                   Programs for Nuclear Power Plants.’’
                                              who has been admitted as a party to the                 equipment or accommodations are                        This DG provides new (i.e., not
                                              proceeding.                                             needed to attend or present information                preceded by earlier guidance on the
                                              III. Public Scoping Meeting                             at the public meeting so that the NRC                  same subject) guidance that describes
                                                                                                      staff can determine whether the request                acceptance methods that the staff of the
                                                 In accordance with 10 CFR 51.26, the
                                                                                                      can be accommodated.                                   NRC considers acceptable in meeting
                                              scoping process for an EIS may include
                                                                                                         Participation in the scoping process                regulatory requirements for acceptance
                                              a public scoping meeting to help
                                                                                                                                                             and dedication of commercial-grade
                                              identify significant issues related to a                for the supplement to the GEIS does not
                                                                                                                                                             design and analysis computer programs
                                              proposed activity and to determine the                  entitle participants to become parties to
                                                                                                                                                             for nuclear power plants.
                                              scope of issues to be addressed in an                   the proceeding to which the supplement
                                              EIS. The NRC has decided to hold                                                                               DATES: Submit comments by August 31,
                                                                                                      to the GEIS relates. Matters related to
                                              public meetings for the DCPP license                                                                           2015. Comments received after this date
                                                                                                      participation in any hearing are outside
                                              renewal supplement to the GEIS. The                                                                            will be considered if it is practical to do
                                                                                                      the scope of matters to be discussed at
                                              scoping meetings will be held on                                                                               so, but the NRC is able to ensure
                                                                                                      this public meeting.
                                              August 5, 2015, and there will be two                                                                          consideration only for comments
                                                                                                         At the conclusion of the scoping                    received on or before this date.
                                              sessions to accommodate interested
                                              persons. The first session will convene                 process, the NRC will prepare a concise                Although a time limit is given,
                                              at 1:30 p.m. and will continue until 4:30               summary of the determination and                       comments and suggestions in
                                              p.m., as necessary. The second session                  conclusions reached; including the                     connection with items for inclusion in
                                              will convene at 7:00 p.m. with a repeat                 significant issues identified, and will                guides currently being developed or
                                              of the overview portions of the meeting                 send a copy of the summary to each                     improvements in all published guides
                                              and will continue until 10:00 p.m., as                  participant in the scoping process. The                are encouraged at any time.
                                              necessary. Both sessions will be held at                summary will also be available for                     ADDRESSES: You may submit comments
                                              the Courtyard by Marriott San Luis                      inspection in ADAMS and the Federal                    by any of the following methods (unless
                                              Obispo, 1605 Calle Joaquin Road, San                    Rulemaking Web site. The NRC staff                     this document describes a different
                                              Luis Obispo, CA 93405. Both meetings                    will then prepare and issue for comment                method for submitting comments on a
                                              will be transcribed and will include: (1)               the draft supplement to the GEIS, which                specified subject):
                                              An overview by the NRC staff of the                     will be the subject of a separate notice                 • Federal Rulemaking Web site: Go to
                                              NEPA environmental review process,                      and separate public meetings. Copies                   http://www.regulations.gov and search
                                              the proposed scope of the supplement to                 will be available for public inspection at             for Docket ID NRC–2015–0153. Address
                                              the GEIS, and the proposed review                       the addresses listed in the ADDRESSES                  questions about NRC dockets to Carol
                                              schedule; and (2) the opportunity for                   section of this Federal Register notice.               Gallagher; telephone: 301–415–3463;
                                              interested government agencies,                         After receipt and consideration of the                 email: Carol.Gallagher@nrc.gov. For
                                              organizations, and individuals to submit                comments, the NRC will prepare a final                 technical questions, contact the
                                              comments or suggestions on the                                                                                 individual(s) listed in the FOR FURTHER
                                                                                                      supplement to the GEIS, which will also
                                              environmental issues or the proposed                                                                           INFORMATION CONTACT section of this
                                                                                                      be available for public inspection.
                                              scope of the supplement to the GEIS.                                                                           document.
                                              Additionally, the NRC staff will host                     Dated at Rockville, Maryland, this 22nd                • Mail comments to: Cindy Bladey,
                                              informal discussions one hour prior to                  day of June, 2015.                                     Office of Administration, Mail Stop:
                                              the start of each session at the same                     For the Nuclear Regulatory Commission.               OWFN–12–H08, U.S. Nuclear
                                              location. Written comments on the                       Brian Wittick,                                         Regulatory Commission, Washington,
                                              proposed scope of the supplement to the                 Chief, Projects Branch 2, Division of License
                                                                                                                                                             DC 20555–0001.
                                              GEIS will be accepted during the                        Renewal, Office of Nuclear Reactor
                                                                                                                                                               For additional direction on accessing
                                                                                                                                                             information and submitting comments,
tkelley on DSK3SPTVN1PROD with NOTICES




                                              informal discussions. To be considered,                 Regulation.
                                              comments must be provided either at                                                                            see ‘‘Obtaining Information and
                                                                                                      [FR Doc. 2015–15921 Filed 6–30–15; 8:45 am]
                                              the transcribed public meetings or in                                                                          Submitting Comments’’ in the
                                                                                                      BILLING CODE 7590–01–P
                                              writing, as discussed above.                                                                                   SUPPLEMENTARY INFORMATION section of
                                                 Persons may register to attend or                                                                           this document.
                                              present oral comments at the meetings                                                                          FOR FURTHER INFORMATION CONTACT:
                                              on the scope of the NEPA review by                                                                             George Lipscomb, Office of New


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                                                                            Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices                                                  37667

                                              Reactors, 301–415–6838, email:                          submission to the NRC, then you should                 applicant seeks a voluntary change to its
                                              George.Lipscomb@nrc.gov, or Steve                       inform those persons not to include                    licensing basis with respect to safety-
                                              Burton, Office of Nuclear Regulatory                    identifying or contact information that                related power operated valve actuators,
                                              Research, 301–415–7000, email:                          they do not want to be publicly                        and where the NRC determines that the
                                              Stephen.Burton@nrc.gov. U.S. Nuclear                    disclosed in their comment submission.                 safety review must include
                                              Regulatory Commission, Washington,                      Your request should state that the NRC                 consideration of the qualification of the
                                              DC 20555–0001.                                          does not routinely edit comment                        valve actuators. Further information on
                                              SUPPLEMENTARY INFORMATION:                              submissions to remove such information                 the staff’s use of the draft regulatory
                                                                                                      before making the comment                              guide, if finalized, is contained in the
                                              I. Obtaining Information and                            submissions available to the public or                 draft regulatory guide under Section D.
                                              Submitting Comments                                     entering the comment submissions into                  Implementation.
                                              A. Obtaining Information                                ADAMS.                                                    Applicants and potential applicants
                                                                                                                                                             are not, with certain exceptions,
                                                 Please refer to Docket ID NRC–2015–                  II. Additional Information
                                                                                                                                                             afforded protection by either the Backfit
                                              0153 when contacting the NRC about                         The NRC is issuing for public                       Rule or any issue finality provisions
                                              the availability of information regarding               comment a DG in the NRC’s ‘‘Regulatory                 under part 52. Neither the Backfit Rule
                                              this document. You may obtain                           Guide’’ series. This series was                        nor the issue finality provisions under
                                              publically-available information related                developed to describe and make                         part 52—with certain exclusions
                                              to this document, by any of the                         available to the public information                    discussed below—were intended to
                                              following methods:                                      regarding methods that are acceptable to               apply to every NRC action which
                                                 • Federal Rulemaking Web site: Go to                 the NRC staff for implementing specific                substantially changes the expectations
                                              http://www.regulations.gov and search                   parts of the NRC’s regulations,                        of current and future applicants.
                                              for Docket ID NRC–2015–0153.                            techniques that the staff uses in                      Therefore, the positions in any final
                                                 • NRC’s Agencywide Documents                         evaluating specific issues or postulated               draft regulatory guide, if imposed on
                                              Access and Management System                            events, and data that the staff needs in               applicants, would not represent
                                              (ADAMS): You may obtain publicly                        its review of applications for permits                 backfitting (except as discussed below).
                                              available documents online in the                       and licenses.                                          The exceptions to the general principle
                                              ADAMS Public Documents collection at                       The DG, entitled, ‘‘Acceptance of                   are applicable whenever a combined
                                              http://www.nrc.gov/reading-rm/                          Commercial-Grade Design and Analysis                   license applicant references a part 52
                                              adams.html. To begin the search, select                 Computer Programs for Nuclear Power                    license (i.e., an early site permit or a
                                              ‘‘ADAMS Public Documents’’ and then                     Plants,’’ is temporarily identified by its
                                                                                                                                                             manufacturing license) and/or part 52
                                              select ‘‘Begin Web-based ADAMS                          task number, DG–1305. This DG
                                                                                                                                                             regulatory approval (i.e., a design
                                              Search.’’ For problems with ADAMS,                      provides new guidance that describes
                                                                                                                                                             certification rule or design approval.
                                              please contact the NRC’s Public                         acceptance methods that the staff of the
                                                                                                                                                             The staff does not, at this time, intend
                                              Document Room (PDR) reference staff at                  NRC considers acceptable in meeting
                                                                                                                                                             to impose the positions represented in
                                              1–800–397–4209, 301–415–4737, or by                     regulatory requirements for acceptance
                                                                                                                                                             the draft regulatory guide in a manner
                                              email to pdr.resource@nrc.gov. The                      and dedication of commercial-grade
                                                                                                                                                             that is inconsistent with any issue
                                              ADAMS accession number for each                         design and analysis computer programs
                                                                                                                                                             finality provisions in these part 52
                                              document referenced (if available in                    for nuclear power plants.
                                                                                                                                                             licenses and regulatory approvals. If, in
                                              ADAMS), is provided the first time that                 II. Backfitting and Issue Finality                     the future, the staff seeks to impose a
                                              a document is referenced. The DG is
                                                                                                         Draft Guide-1305 describes acceptable               position in this regulatory guide in a
                                              electronically available in ADAMS
                                                                                                      methods for meeting the dedication                     manner which does not provide issue
                                              under Accession No. ML14119A286.
                                                                                                                                                             finality as described in the applicable
                                                 • NRC’s PDR: You may examine and                     requirements in part 21 of title 10 of the
                                                                                                      Code of Federal Regulations (10 CFR)                   issue finality provision, then the staff
                                              purchase copies of public documents at
                                                                                                      and 10 CFR 50.55(e) with respect to                    must address the criteria for avoiding
                                              the NRC’s PDR, Room O1–F21, One
                                                                                                      design and analysis computer programs                  issue finality as described applicable
                                              White Flint North, 11555 Rockville
                                                                                                      for nuclear power plants. The draft                    issue finality provision.
                                              Pike, Rockville, Maryland 20852.
                                                                                                      regulatory guide, if finalized, would not                 Dated at Rockville, Maryland, this 24th day
                                              B. Submitting Comments                                  constitute backfitting as defined in 10                of June, 2015.
                                                Please include Docket ID NRC–2015–                    CFR 50.109 (the Backfit Rule) and is not                  For the Nuclear Regulatory Commission.
                                              0153 in the subject line of your                        otherwise inconsistent with the issue                  Thomas H. Boyce,
                                              comment submission, in order to ensure                  finality provisions in 10 CFR part 52,                 Chief, Regulatory Guidance and Generic
                                              that the NRC is able to make your                       ‘‘Licenses, Certifications and Approvals               Issues Branch, Division of Engineering, Office
                                              comment submission available to the                     for Nuclear Power Plants.’’ This                       of Nuclear Regulatory Research.
                                              public in this docket.                                  regulatory guide, if finalized, represents             [FR Doc. 2015–16131 Filed 6–30–15; 8:45 am]
                                                The NRC cautions you not to include                   the first NRC guidance on this subject.                BILLING CODE 7590–01–P
                                              identifying or contact information that                 Issuance of new guidance, by itself, does
                                              you do not want to be publicly                          not represent backfitting unless the NRC
                                              disclosed in your comment submission.                   intends to impose the guidance on                      NUCLEAR REGULATORY
                                              The NRC will post all comment                           existing licensees and currently-                      COMMISSION
                                              submissions at http://                                  approved design certification rules
                                                                                                                                                             Advisory Committee On Reactor
tkelley on DSK3SPTVN1PROD with NOTICES




                                              www.regulations.gov as well as enters                   issued under part 52. The NRC does not
                                              the comment submissions into ADAMS.                     have such an intention. Existing                       Safeguards
                                              The NRC does not routinely edit                         licensees and applicants of final design
                                                                                                                                                             Notice of Meeting
                                              comment submissions to remove                           certification rules will not be required to
                                              identifying or contact information.                     comply with the positions set forth in                   In accordance with the purposes of
                                                If you are requesting or aggregating                  this draft regulatory guide, unless the                Sections 29 and 182b of the Atomic
                                              comments from other persons for                         licensee or design certification rule                  Energy Act (42 U.S.C. 2039, 2232b), the


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Document Created: 2015-12-15 13:18:57
Document Modified: 2015-12-15 13:18:57
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
ActionDraft regulatory guide; request for comment.
DatesSubmit comments by August 31, 2015. 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.
ContactGeorge Lipscomb, Office of New Reactors, 301-415-6838, email: [email protected], or Steve Burton, Office of Nuclear Regulatory Research, 301-415-7000, email: [email protected] U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation80 FR 37666 

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