80 FR 45562 - Open Phase Conditions in Electric Power System
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 146 (July 30, 2015)
Federal Register Volume 80, Issue 146 (July 30, 2015)
| Page Range | 45562-45563 | |
| FR Document | 2015-18634 |
[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] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2014-0131] Open Phase Conditions in Electric Power System AGENCY: Nuclear Regulatory Commission. ACTION: Branch technical position-final; issuance. ----------------------------------------------------------------------- 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
![45562 Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Notices
available on the NRC’s public Web site delivery service upon depositing the ACTION:Branch technical position-final;
at http://www.nrc.gov/site-help/e- document with the provider of the issuance.
submittals.html. A filing is considered service. A presiding officer, having
complete at the time the documents are granted an exemption request from SUMMARY: The U.S. Nuclear Regulatory
submitted through the NRC’s E-Filing using E-Filing, may require a participant Commission (NRC) is issuing a final
system. To be timely, an electronic or party to use E-Filing if the presiding version of Branch Technical Position
filing must be submitted to the E-Filing officer subsequently determines that the (BTP) 8–9, ‘‘Open Phase Conditions in
system no later than 11:59 p.m. Eastern reason for granting the exemption from Electric Power System,’’ of NUREG–
Time on the due date. Upon receipt of use of E-Filing no longer exists. 0800, ‘‘Standard Review Plan for the
a transmission, the E-Filing system Documents submitted in adjudicatory Review of Safety Analysis Reports for
time-stamps the document and sends proceedings will appear in the NRC’s Nuclear Power Plants: LWR Edition.’’
the submitter an email notice electronic hearing docket which is DATES: The effective date of this Branch
confirming receipt of the document. The available to the public at http:// Technical Position is August 31, 2015.
E-Filing system also distributes an email ehd1.nrc.gov/ehd/, unless excluded ADDRESSES: Please refer to Docket ID
notice that provides access to the pursuant to an order of the Commission, NRC–2014–0131 when contacting the
document to the NRC’s Office of the or the presiding officer. Participants are NRC about the availability of
General Counsel and any others who requested not to include personal information regarding this document.
have advised the Office of the Secretary privacy information, such as social You may obtain publicly-available
that they wish to participate in the security numbers, home addresses, or information related to this document
proceeding, so that the filer need not home phone numbers in their filings, using any of the following methods:
serve the documents on those unless an NRC regulation or other law • Federal Rulemaking Web site: Go to
participants separately. Therefore, requires submission of such http://www.regulations.gov and search
applicants and other participants (or information. However, in some for Docket ID NRC–2014–0131. Address
their counsel or representative) must instances, a request to intervene will questions about NRC dockets to Carol
apply for and receive a digital ID require including information on local Gallagher; telephone: 301–415–3463;
certificate before a hearing request/ residence in order to demonstrate a email: Carol.Gallagher@nrc.gov. For
petition to intervene is filed so that they proximity assertion of interest in the technical questions, contact the
can obtain access to the document via proceeding. With respect to copyrighted individual listed in the FOR FURTHER
the E-Filing system. works, except for limited excerpts that INFORMATION CONTACT section of this
A person filing electronically using serve the purpose of the adjudicatory document.
the NRC’s adjudicatory E-Filing system filings and would constitute a Fair Use • NRC’s Agencywide Documents
may seek assistance by contacting the application, participants are requested Access and Management System
NRC Meta System Help Desk through not to include copyrighted materials in (ADAMS): You may obtain publicly
the ‘‘Contact Us’’ link located on the their submission. available documents online in the
NRC’s public Web site at http:// For further details with respect to this ADAMS Public Documents collection at
www.nrc.gov/site-help/e- action, see the application for license http://www.nrc.gov/reading-rm/
submittals.html, by email to amendment dated August 11, 2014 adams.html. To begin the search, select
MSHD.Resource@nrc.gov, or by a toll- (ADAMS Accession No. ML14223A780), ‘‘ADAMS Public Documents’’ and then
free call at 1–866–672–7640. The NRC as supplemented by letters dated April select ‘‘Begin Web-based ADAMS
Meta System Help Desk is available
6, 2015 (ADAMS Accession No. Search.’’ For problems with ADAMS,
between 8 a.m. and 8 p.m., Eastern
ML15097A386), and July 16, 2015 please contact the NRC’s Public
Time, Monday through Friday,
(ADAMS Accession No. ML15197A256). Document Room (PDR) reference staff at
excluding government holidays.
Participants who believe that they Attorney for licensee: Damon D. Obie, 1–800–397–4209, 301–415–4737, or by
have a good cause for not submitting Associate General Counsel, Talen email to pdr.resource@nrc.gov. The
documents electronically must file an Energy Supply, LLC, 835 Hamilton St., ADAMS accession number for each
exemption request, in accordance with Suite 150, Allentown, PA 18101. document referenced in this notice (if
10 CFR 2.302(g), with their initial paper NRC Branch Chief: Douglas A. that document is available in ADAMS)
filing requesting authorization to Broaddus. is provided the first time that a
continue to submit documents in paper Dated at Rockville, Maryland, this 23rd day document is referenced. The final
format. Such filings must be submitted of July 2015. version for BTP 8–9, ‘‘Open Phase
by: (1) First class mail addressed to the For the Nuclear Regulatory Commission. Conditions in Electric Power System,’’
Office of the Secretary of the Jeffrey A. Whited, is available under ADAMS Accession
Commission, U.S. Nuclear Regulatory No. ML15057A085. A redline strikeout
Project Manager, Plant Licensing Branch I–
Commission, Washington, DC 20555– 2, Division of Operating Reactor Licensing, comparing the proposed and final
0001, Attention: Rulemaking and Office of Nuclear Reactor Regulation. revision of the document can be found
Adjudications Staff; or (2) courier, [FR Doc. 2015–18733 Filed 7–29–15; 8:45 am]
in ADAMS under Accession No.
express mail, or expedited delivery ML15056A316.
BILLING CODE 7590–01–P
service to the Office of the Secretary, • NRC’s PDR: You may examine and
Sixteenth Floor, One White Flint North, purchase copies of public documents at
11555 Rockville Pike, Rockville, NUCLEAR REGULATORY the NRC’s PDR, Room O1–F21, One
Maryland 20852, Attention: Rulemaking COMMISSION White Flint North, 11555 Rockville
Lhorne on DSK7TPTVN1PROD with NOTICES
and Adjudications Staff. Participants Pike, Rockville, Maryland 20852.
filing a document in this manner are [NRC–2014–0131] • The NRC posts its issued staff
responsible for serving the document on guidance on the NRC’s external Web
Open Phase Conditions in Electric page (http://www.nrc.gov/reading-rm/
all other participants. Filing is Power System
considered complete by first-class mail doc-collections/nuregs/staff/sr0800/).
as of the time of deposit in the mail, or AGENCY:Nuclear Regulatory FOR FURTHER INFORMATION CONTACT:
by courier, express mail, or expedited Commission. Mark D. Notich, Office of New Reactors,
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![Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Notices 45563
U.S. Nuclear Regulatory Commission, applicants or licensees are protected For the Nuclear Regulatory Commission.
Washington, DC 20555–0001, telephone: under either the Backfit Rule or the Lawrence Burkhart,
301–415–6992, email: Mark.Notich@ issue finality provisions of 10 CFR part Acting Chief, New Reactor Rulemaking and
nrc.gov. 52. Guidance Branch, Division of Advanced
Reactors and Rulemaking, Office of New
SUPPLEMENTARY INFORMATION: 2. Application of BTP 8–9 to Existing Reactors.
I. Background Licensees [FR Doc. 2015–18634 Filed 7–29–15; 8:45 am]
On June 5, 2014 (79 FR 32580), the The NRC staff may consider imposing BILLING CODE 7590–01–P
NRC published for public comment the the positions described in the BTP on
proposed version of BTP 8–9, ‘‘Open existing licenses, the NRC staff will
Phase Conditions in Electric Power NUCLEAR REGULATORY
address backfit considerations in any
System,’’ in Chapter 8, ‘‘Electrical COMMISSION
plant-specific action it takes. If, in the
Power,’’ of NUREG–0800. The staff future, the NRC staff seeks to impose a [Docket No. 50–286; NRC–2012–0236]
received many comments on the draft position in the BTP on holders of
BTP. A summary of the comments and already issued licenses in a manner that Entergy Nuclear Operations, Inc.;
the staff’s disposition of the comments does not provide issue finality as Indian Point Nuclear Generating, Unit
are available in a separate document, described in the applicable issue finality No. 3
‘‘Response to Public Comments on Draft provision, then the staff must make the AGENCY: Nuclear Regulatory
Standard Review Plan, BTP 8–9, Open showing as set forth in the Backfit Rule Commission.
Phase Conditions in Electric Power or address the criteria for avoiding issue
System’’ (ADAMS Accession No. ACTION: License amendment application;
finality as described in the applicable withdrawal by applicant.
ML15056A521). The BTP is guidance to issue finality provision.
the NRC Staff for reviewing applications SUMMARY: The Nuclear Regulatory
for licenses for nuclear power reactors 3. Backfitting and Issue Finality Do
Commission (NRC) has granted the
under 10 CFR parts 50 and 52 and Not—With Limited Exceptions Not
request of Entergy Nuclear Operations,
amendments to licenses issued under Applicable Here—Protect Current or
Inc., to withdraw its application dated
parts 50 and 52. The NRC Staff intends Future Applicants
August 14, 2012, for a proposed
to reference the BTP in NUREG–0800 amendment to Facility Operating
for the same purpose. Applicants and potential applicants
are not, with certain exceptions, License No. DPR–64 for Indian Point
II. Backfitting and Issue Finality protected by either the Backfit Rule or Nuclear Generating, Unit No. 3. The
Branch Technical Position 8–9 any issue finality provisions under 10 proposed change would have changed
provides guidance to the staff for CFR part 52. Neither the Backfit Rule the licensing basis for the emergency
reviewing applications for a nor the issue finality provisions under diesel generator fuel oil storage tank
construction permit and an operating 10 CFR part 52—with certain requirements, revised Technical
license under part 50 of Title 10 of the exclusions—were intended to apply to Specification (TS) 3.8.3, ‘‘Diesel Fuel
Code of Federal Regulations (10 CFR), every NRC action that substantially Oil, and Starting Air,’’ and relocated the
‘‘Domestic Licensing of Production and changes the expectations of current and specific numerical values for fuel oil
Utilization Facilities,’’ with respect to future applicants. storage requirements from the TSs to the
compliance with General Design Criteria TS Bases in accordance with Technical
The exceptions to the general
17, ‘‘Electric Power Systems,’’ of Specification Task Force (TSTF)
principle are applicable whenever an
Appendix A, ‘‘General Design Criteria Traveler TSTF–501, Revision 1,
applicant references a 10 CFR part 52
for Nuclear Power Plants.’’ BTP 8–9 also ‘‘Relocate Stored Fuel Oil and Lube Oil
license (e.g., an early site permit) or
provides guidance for reviewing an Volume Values to Licensee Control.’’
NRC regulatory approval (e.g., a design
application for a standard design ADDRESSES: Please refer to Docket ID
certification rule) with specified issue
approval, a standard design finality provisions. The NRC staff does NRC–2012–0236 when contacting the
certification, a combined license, and a not, at this time, intend to impose the NRC about the availability of
manufacturing license under 10 CFR positions represented in the SRP in a information regarding this document.
part 52, ‘‘Licenses, Certifications, and manner that is inconsistent with any You may obtain publicly-available
Approvals for Nuclear Power Plants,’’ issue finality provisions. If, in the information related to this document
with respect to those same subject future, the staff seeks to impose a using any of the following methods:
matters. • Federal Rulemaking Web site: Go to
position in the BTP section in a manner
Issuance of BTP 8–9 does not http://www.regulations.gov and search
that does not provide issue finality as
constitute backfitting as defined in 10 for Docket ID NRC–2012–0236. Address
described in the applicable issue finality
CFR 50.109 (the Backfit Rule) nor is it questions about NRC dockets to Carol
provision, then the staff must address
inconsistent with the issue finality Gallagher; telephone: 301–415–3463;
the criteria for avoiding issue finality as
provisions in 10 CFR part 52. The NRC’s email: Carol.Gallagher@nrc.gov. For
described in the applicable issue finality
position is based upon the following technical questions, contact the
provision.
considerations. individual listed in the FOR FURTHER
III. Congressional Review Act INFORMATION CONTACT section of this
1. The BTP 8–9 Positions Would Not document.
Constitute Backfitting, Inasmuch as the This action is a rule as defined in the • NRC’s Agencywide Documents
SRP Is Internal Guidance to NRC Staff
Lhorne on DSK7TPTVN1PROD with NOTICES
Congressional Review Act (5 U.S.C. Access and Management System
The BTP provides internal guidance 801–808). However, the Office of (ADAMS): You may obtain publicly
to the NRC staff on how to review an Management and Budget has not found available documents online in the
application for NRC regulatory approval it to be a major rule as defined in the ADAMS Public Documents collection at
in the form of licensing. Changes in Congressional Review Act. http://www.nrc.gov/reading-rm/
internal staff guidance are not matters Dated at Rockville, Maryland, this 22nd adams.html. To begin the search, select
for which either nuclear power plant day of July 2015. ‘‘ADAMS Public Documents’’ and then
VerDate Sep<11>2014 14:54 Jul 29, 2015 Jkt 235001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\30JYN1.SGM 30JYN1](https://thefederalregister.org/doc/80_FR_45708/page/2.svg)
Document Created: 2018-02-23 09:30:11
Document Modified: 2018-02-23 09:30:11
| 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 | Branch technical position-final; issuance. | |
| Dates | The effective date of this Branch Technical Position is August 31, 2015. | |
| Contact | Mark D. Notich, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-6992, email: [email protected] | |
| FR Citation | 80 FR 45562 |
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