80 FR 45562 - Open Phase Conditions in Electric Power System

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 146 (July 30, 2015)

The U.S. Nuclear Regulatory Commission (NRC) is issuing a final version of Branch Technical Position (BTP) 8-9, ``Open Phase Conditions in Electric Power System,'' of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.''

[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Notices]
[Pages 45562-45563]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18634]


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NUCLEAR REGULATORY COMMISSION

[NRC-2014-0131]


Open Phase Conditions in Electric Power System

AGENCY: Nuclear Regulatory Commission.

ACTION: Branch technical position-final; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
final version of Branch Technical Position (BTP) 8-9, ``Open Phase 
Conditions in Electric Power System,'' of NUREG-0800, ``Standard Review 
Plan for the Review of Safety Analysis Reports for Nuclear Power 
Plants: LWR Edition.''

DATES: The effective date of this Branch Technical Position is August 
31, 2015.

ADDRESSES: Please refer to Docket ID NRC-2014-0131 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-2014-0131. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. 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 [email protected]. 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 final version for BTP 8-9, ``Open Phase 
Conditions in Electric Power System,'' is available under ADAMS 
Accession No. ML15057A085. A redline strikeout comparing the proposed 
and final revision of the document can be found in ADAMS under 
Accession No. ML15056A316.
     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.
     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: Mark D. Notich, Office of New 
Reactors,

[[Page 45563]]

U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
telephone: 301-415-6992, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 5, 2014 (79 FR 32580), the NRC published for public comment 
the proposed version of BTP 8-9, ``Open Phase Conditions in Electric 
Power System,'' in Chapter 8, ``Electrical Power,'' of NUREG-0800. The 
staff received many comments on the draft BTP. A summary of the 
comments and the staff's disposition of the comments are available in a 
separate document, ``Response to Public Comments on Draft Standard 
Review Plan, BTP 8-9, Open Phase Conditions in Electric Power System'' 
(ADAMS Accession No. ML15056A521). The BTP is guidance to the NRC Staff 
for reviewing applications for licenses for nuclear power reactors 
under 10 CFR parts 50 and 52 and amendments to licenses issued under 
parts 50 and 52. The NRC Staff intends to reference the BTP in NUREG-
0800 for the same purpose.

II. Backfitting and Issue Finality

    Branch Technical Position 8-9 provides guidance to the 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), ``Domestic Licensing of Production and Utilization 
Facilities,'' with respect to compliance with General Design Criteria 
17, ``Electric Power Systems,'' of Appendix A, ``General Design 
Criteria for Nuclear Power Plants.'' BTP 8-9 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, ``Licenses, Certifications, and Approvals for 
Nuclear Power Plants,'' with respect to those same subject matters.
    Issuance of BTP 8-9 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 BTP 8-9 Positions Would Not Constitute Backfitting, Inasmuch as 
the SRP Is Internal Guidance to NRC Staff

    The BTP 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. Application of BTP 8-9 to Existing Licensees

    The NRC staff may consider imposing the positions described in the 
BTP on existing licenses, the NRC staff will address backfit 
considerations in any plant-specific action it takes. If, in the 
future, the NRC staff seeks to impose a position in the BTP 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 finality provisions. The NRC 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 BTP 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 22nd day of July 2015.

    For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Acting Chief, New Reactor Rulemaking and Guidance Branch, Division of 
Advanced Reactors and Rulemaking, Office of New Reactors.
[FR Doc. 2015-18634 Filed 7-29-15; 8:45 am]
 BILLING CODE 7590-01-P