80_FR_58069 80 FR 57883 - Chilled Water System

80 FR 57883 - Chilled Water System

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 186 (September 25, 2015)

Page Range57883-57884
FR Document2015-24306

The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to Section 9.2.7, ``Chilled Water System,'' of NUREG- 0800, ``Standard Review Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.''

Federal Register, Volume 80 Issue 186 (Friday, September 25, 2015)
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Pages 57883-57884]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24306]


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NUCLEAR REGULATORY COMMISSION

[NRC-2014-0184]


Chilled Water System

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan-final section; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
final revision to Section 9.2.7, ``Chilled Water System,'' of NUREG-
0800, ``Standard Review Plan (SRP) for the Review of Safety Analysis 
Reports for Nuclear Power Plants: LWR Edition.''

DATES: The effective date of this Standard Review Plan update is 
October 26, 2015.

ADDRESSES: Please refer to Docket ID NRC-2014-0184 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-2014-0184. 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 (if it available in 
ADAMS) is provided the first time that a document is referenced. The 
final revision for the SRP, Section 9.2.7, ``Chilled Water System,'' is 
available in ADAMS under Accession No. ML15103A559. A redline strikeout 
comparing the proposed and final revision of the document can be found 
in ADAMS under Accession No. ML14328A622.
     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 Notich, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
telephone: 301-415-6256, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 5, 2014 (79 FR 45498), the NRC published for public 
comment the proposed SRP Section 9.2.7, ``Chilled Water,'' in Chapter 
9, ``Auxiliary Systems,'' of NUREG-0800. The NRC staff received 
comments on the draft section. After consideration of comments received 
on the proposed revision, the NRC staff reformatted guidance for the 
review of nonsafety-related structures, systems, and components (SSCs) 
into a tabular format, and separated it from the core review guidance 
used for review of safety-related SSCs. A summary of comments received 
and the staff's disposition of the comments are available in a separate 
document, ``Response to Public Comments on Draft Standard Review Plan, 
Section 9.2.7, ``Chilled Water System,'' (ADAMS Accession No. 
ML14328A663).

II. Backfitting and Issue Finality

    The SRP Section 9.2.7, 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), with 
respect to systems associated with chilled water. The SRP Section 9.2.7 
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 the 
same subject matters.
    Issuance of this 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 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 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 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 SRP section in 
a manner that does not provide issue finality as described in the 
applicable issue finality

[[Page 57884]]

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 10th day of September, 2015.

For the Nuclear Regulatory Commission.
Kimyata Morgan Butler,
Acting Chief, New Reactor Rulemaking and Guidance Branch, Division of 
Advanced Reactors and Rulemaking, Office of New Reactors.
[FR Doc. 2015-24306 Filed 9-24-15; 8:45 am]
BILLING CODE 7590-01-P



                                                                              Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Notices                                          57883

                                                    Dates: November 30, 2015–June 30,                     ADAMS under Accession No.                             52. The NRC’s position is based upon
                                                  2016.                                                   ML15103A559. A redline strikeout                      the following considerations:
                                                                                                          comparing the proposed and final                         1. The SRP positions would not
                                                  Nadene G. Kennedy,                                                                                            constitute backfitting, inasmuch as the
                                                                                                          revision of the document can be found
                                                  Polar Coordination Specialist, Division of              in ADAMS under Accession No.                          SRP is internal guidance to NRC staff.
                                                  Polar Programs.                                                                                                  The SRP provides internal guidance
                                                                                                          ML14328A622.
                                                  [FR Doc. 2015–24308 Filed 9–24–15; 8:45 am]                                                                   to the NRC staff on how to review an
                                                                                                            • NRC’s PDR: You may examine and
                                                  BILLING CODE 7555–01–P
                                                                                                          purchase copies of public documents at                application for NRC regulatory approval
                                                                                                          the NRC’s PDR, Room O1–F21, One                       in the form of licensing. Changes in
                                                                                                          White Flint North, 11555 Rockville                    internal staff guidance are not matters
                                                  NUCLEAR REGULATORY                                      Pike, Rockville, Maryland 20852.                      for which either nuclear power plant
                                                  COMMISSION                                                                                                    applicants or licensees are protected
                                                                                                            • The NRC posts its issued staff
                                                                                                                                                                under either the Backfit Rule or the
                                                  [NRC–2014–0184]                                         guidance on the NRC’s external Web
                                                                                                                                                                issue finality provisions of 10 CFR part
                                                                                                          page (http://www.nrc.gov/reading-rm/
                                                                                                                                                                52.
                                                  Chilled Water System                                    doc-collections/nuregs/staff/sr0800/).                   2. The NRC staff has no intention to
                                                  AGENCY:   Nuclear Regulatory                            FOR FURTHER INFORMATION CONTACT:                      impose the SRP positions on existing
                                                  Commission.                                             Mark Notich, Office of New Reactors,                  licensees either now or in the future.
                                                                                                          U.S. Nuclear Regulatory Commission,                      The NRC staff does not intend to
                                                  ACTION: Standard review plan-final
                                                                                                          Washington, DC 20555–0001, telephone:                 impose or apply the positions described
                                                  section; issuance.                                                                                            in the SRP to existing licenses and
                                                                                                          301–415–6256, email: Mark.Notich@
                                                  SUMMARY: The U.S. Nuclear Regulatory                    nrc.gov.                                              regulatory approvals. Hence, the
                                                  Commission (NRC) is issuing a final                                                                           issuance of this SRP—even if
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  revision to Section 9.2.7, ‘‘Chilled Water                                                                    considered guidance within the purview
                                                  System,’’ of NUREG–0800, ‘‘Standard                     I. Background                                         of the issue finality provisions in 10
                                                  Review Plan (SRP) for the Review of                                                                           CFR part 52—does not need to be
                                                                                                             On August 5, 2014 (79 FR 45498), the               evaluated as if it were a backfit or as
                                                  Safety Analysis Reports for Nuclear                     NRC published for public comment the
                                                  Power Plants: LWR Edition.’’                                                                                  being inconsistent with issue finality
                                                                                                          proposed SRP Section 9.2.7, ‘‘Chilled                 provisions. If, in the future, the NRC
                                                  DATES: The effective date of this                       Water,’’ in Chapter 9, ‘‘Auxiliary                    staff seeks to impose a position in the
                                                  Standard Review Plan update is October                  Systems,’’ of NUREG–0800. The NRC                     SRP on holders of already issued
                                                  26, 2015.                                               staff received comments on the draft                  licenses in a manner that does not
                                                  ADDRESSES: Please refer to Docket ID                    section. After consideration of                       provide issue finality as described in the
                                                  NRC–2014–0184 when contacting the                       comments received on the proposed                     applicable issue finality provision, then
                                                  NRC about the availability of                           revision, the NRC staff reformatted                   the staff must make the showing as set
                                                  information regarding this document.                    guidance for the review of nonsafety-                 forth in the Backfit Rule or address the
                                                  You may obtain publicly-available                       related structures, systems, and                      criteria for avoiding issue finality as
                                                  information related to this document                    components (SSCs) into a tabular                      described in the applicable issue finality
                                                  using any of the following methods:                     format, and separated it from the core                provision.
                                                     • Federal Rulemaking Web site: Go to                 review guidance used for review of                       3. Backfitting and issue finality do
                                                  http://www.regulations.gov and search                   safety-related SSCs. A summary of                     not—with limited exceptions not
                                                  for Docket ID NRC–2014–0184. Address                    comments received and the staff’s                     applicable here—protect current or
                                                  questions about NRC dockets to Carol                    disposition of the comments are                       future applicants.
                                                  Gallagher; telephone: 301–415–3463;                     available in a separate document,                        Applicants and potential applicants
                                                  email: Carol.Gallagher@nrc.gov. For                     ‘‘Response to Public Comments on Draft                are not, with certain exceptions,
                                                  technical questions, contact the                        Standard Review Plan, Section 9.2.7,                  protected by either the Backfit Rule or
                                                  individual listed in the FOR FURTHER                    ‘‘Chilled Water System,’’ (ADAMS                      any issue finality provisions under 10
                                                  INFORMATION CONTACT section of this                     Accession No. ML14328A663).                           CFR part 52. Neither the Backfit Rule
                                                  document.                                               II. Backfitting and Issue Finality                    nor the issue finality provisions under
                                                     • NRC’s Agencywide Documents                                                                               10 CFR part 52—with certain
                                                  Access and Management System                               The SRP Section 9.2.7, provides                    exclusions—were intended to apply to
                                                  (ADAMS): You may obtain publicly-                       guidance to the staff for reviewing                   every NRC action that substantially
                                                  available documents online in the                       applications for a construction permit                changes the expectations of current and
                                                  ADAMS Public Documents collection at                    and an operating license under part 50                future applicants.
                                                  http://www.nrc.gov/reading-rm/                          of Title 10 of the Code of Federal                       The exceptions to the general
                                                  adams.html. To begin the search, select                 Regulations (10 CFR), with respect to                 principle are applicable whenever an
                                                  ‘‘ADAMS Public Documents’’ and then                     systems associated with chilled water.                applicant references a 10 CFR part 52
                                                  select ‘‘Begin Web-based ADAMS                          The SRP Section 9.2.7 also provides                   license (e.g., an early site permit) or
                                                  Search.’’ For problems with ADAMS,                      guidance for reviewing an application                 NRC regulatory approval (e.g., a design
                                                  please contact the NRC’s Public                         for a standard design approval, a                     certification rule) with specified issue
                                                  Document Room (PDR) reference staff at                  standard design certification, a                      finality provisions. The NRC staff does
                                                                                                          combined license, and a manufacturing
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                                                  1–800–397–4209, 301–415–4737, or by                                                                           not, at this time, intend to impose the
                                                  email to pdr.resource@nrc.gov. The                      license under 10 CFR part 52 with                     positions represented in the SRP in a
                                                  ADAMS accession number for each                         respect to the same subject matters.                  manner that is inconsistent with any
                                                  document referenced (if it available in                    Issuance of this SRP section revision              issue finality provisions. If, in the
                                                  ADAMS) is provided the first time that                  does not constitute backfitting as                    future, the staff seeks to impose a
                                                  a document is referenced. The final                     defined in 10 CFR 50.109 (the Backfit                 position in the SRP section in a manner
                                                  revision for the SRP, Section 9.2.7,                    Rule) nor is it inconsistent with the                 that does not provide issue finality as
                                                  ‘‘Chilled Water System,’’ is available in               issue finality provisions in 10 CFR part              described in the applicable issue finality


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                                                  57884                       Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Notices

                                                  provision, then the staff must address                  email: Carol.Gallagher@nrc.gov. For                   comment submission available to the
                                                  the criteria for avoiding issue finality as             technical questions, contact the                      public in this docket.
                                                  described in the applicable issue finality              individual listed in the FOR FURTHER                    The NRC cautions you not to include
                                                  provision.                                              INFORMATION CONTACT section of this                   identifying or contact information in
                                                                                                          document.                                             comment submisssions that you do not
                                                  III. Congressional Review Act                             • Mail comments to: Cindy Bladey,                   want to be publicly disclosed in your
                                                     This action is a rule as defined in the              Office of Administration, Mail Stop: O–               comment submission. The NRC will
                                                  Congressional Review Act (5 U.S.C.                      12H8, U.S. Nuclear Regulatory                         post all comment submissions at http://
                                                  801–808). However, the Office of                        Commission, Washington, DC 20555–                     www.regulations.gov as well as enter the
                                                  Management and Budget has not found                     0001.                                                 comment submissions into ADAMS,
                                                  it to be a major rule as defined in the                   For additional direction on obtaining               and the NRC does not routinely edit
                                                  Congressional Review Act.                               information and submitting comments,                  comment submissions to remove
                                                    Dated at Rockville, Maryland, this 10th day           see ‘‘Obtaining Information and                       identifying or contact information.
                                                  of September, 2015.                                     Submitting Comments’’ in the                            If you are requesting or aggregating
                                                                                                          SUPPLEMENTARY INFORMATION section of                  comments from other persons for
                                                  For the Nuclear Regulatory Commission.
                                                                                                          this document.                                        submission to the NRC, then you should
                                                  Kimyata Morgan Butler,
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      inform those persons not to include
                                                  Acting Chief, New Reactor Rulemaking and                                                                      identifying or contact information that
                                                  Guidance Branch, Division of Advanced                   Matthew Humberstone, Office of
                                                                                                          Nuclear Reactor Regulation, U.S.                      they do not want to be publicly
                                                  Reactors and Rulemaking, Office of New
                                                  Reactors.                                               Nuclear Regulatory Commission,                        disclosed in their comment submission.
                                                                                                          Washington DC 20555–0001; telephone:                  Your request should state that the NRC
                                                  [FR Doc. 2015–24306 Filed 9–24–15; 8:45 am]
                                                                                                          301–415–1464; email:                                  does not routinely edit comment
                                                  BILLING CODE 7590–01–P
                                                                                                          Matthew.Humberstone@nrc.gov.                          submissions to remove such information
                                                                                                                                                                before making the comment
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                submissions available to the public or
                                                  NUCLEAR REGULATORY
                                                                                                          I. Obtaining Information and                          entering the comment submissions into
                                                  COMMISSION
                                                                                                          Submitting Comments                                   ADAMS.
                                                  [NRC–2015–0226]
                                                                                                          A. Obtaining Information                              II. Background
                                                  Review and Submission of Updates to                        Please refer to Docket ID NRC–2015–                   The NRC issues RISs to communicate
                                                  the Final Safety Analysis Reports,                      0226 when contacting the NRC about                    with stakeholders on a broad range of
                                                  Emergency Preparedness Documents,                       the availability of information for this              regulatory matters. This may include
                                                  and Fire Protection Documents                           action. You may obtain publicly-                      communicating and restating staff
                                                                                                          available information related to this                 technical positions on regulatory
                                                  AGENCY:  Nuclear Regulatory                                                                                   matters. The NRC staff has developed
                                                  Commission.                                             action by any of the following methods:
                                                                                                             • Federal Rulemaking Web site: Go to               draft RIS 2015–XX to remind licensees
                                                  ACTION: Draft regulatory issue summary;                 http://www.regulations.gov and search                 of the review and submission
                                                  request for comment.                                    for Docket ID NRC–2015–0226.                          requirements of section 2.390 of Title 10
                                                  SUMMARY: The U.S. Nuclear Regulatory
                                                                                                             • NRC’s Agencywide Documents                       of the Code of Federal Regulations
                                                                                                          Access and Management System                          (CFR), ‘‘Public Inspections, Exemptions,
                                                  Commission (NRC) is seeking public
                                                                                                          (ADAMS): You may obtain publicly-                     Requests for Withholding,’’ regarding
                                                  comment on a draft regulatory issue
                                                                                                          available documents online in the                     information to be withheld from public
                                                  summary (RIS), RIS 2015–XX, ‘‘Review
                                                                                                          ADAMS Public Documents collection at                  disclosure, as well as to recommend that
                                                  and Submission of Updates to the Final
                                                                                                          http://www.nrc.gov/reading-rm/                        the updates to the FSARs required by
                                                  Safety Analysis Reports, Emergency
                                                                                                          adams.html. To begin the search, select               paragraph (e) of 10 CFR 50.71,
                                                  Preparedness Documents, and Fire
                                                                                                          ‘‘ADAMS Public Documents’’ and then                   ‘‘Maintenance of records, making of
                                                  Protection Documents.’’ This RIS
                                                                                                          select ‘‘Begin Web-based ADAMS                        reports,’’ be made electronically on a
                                                  reminds addressees of the review and
                                                                                                          Search.’’ For problems with ADAMS,                    total FSAR replacement basis, as
                                                  submission requirements regarding
                                                                                                          please contact the NRC’s Public                       described in paragraph (b)(6) of 10 CFR
                                                  information to be withheld from public
                                                                                                          Document Room (PDR) reference staff at                50.4, ‘‘Written communications.’’
                                                  disclosure, and recommends a format                                                                              Specifically, the NRC is issuing this
                                                  for submission of updates to the Final                  1–800–397–4209, 301–415–4737, or by
                                                                                                          email to pdr.resource@nrc.gov. The draft              RIS for the following purposes:
                                                  Safety Analysis Reports (FSARs).                                                                                 • To remind licensees of the potential
                                                                                                          RIS, ‘‘Review and Submission of
                                                  DATES: Submit comments by October 26,                                                                         for physical protection information,
                                                                                                          Updates to the Final Safety Analysis
                                                  2015. Comments received after this date                 Reports, Emergency Preparedness                       which the NRC is required to protect in
                                                  will be considered if it is practical to do             Documents, and Fire Protection                        the same manner as commercial or
                                                  so, but the Commission is able to assure                Documents’’ is available in ADAMS                     financial information for the purposes of
                                                  consideration only for comments                         under Accession No. ML15177A074.                      withholding from public disclosure
                                                  received before this date.                                 • NRC’s PDR: You may examine and                   pursuant to 10 CFR 2.390(d)(1), to be
                                                  ADDRESSES: You may submit comments                      purchase copies of public documents at                contained in documents that will be
                                                  by any of the following methods (unless                 the NRC’s PDR, Room O1–F21, One                       proactively released to the public in
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  this document describes a different                     White Flint North, 11555 Rockville                    accordance with the Commission
                                                  method for submitting comments on a                     Pike, Rockville, Maryland 20852.                      direction in Staff Requirements
                                                  specific subject):                                                                                            Memorandum (SRM)–SECY–15–0032
                                                    • Federal Rulemaking Web site: Go to                  B. Submitting Comments                                (ADAMS Accession No. ML15167A090).
                                                  http://www.regulations.gov and search                     Please include Docket ID NRC–2015–                  Specifically, the NRC reminds licensees
                                                  for Docket ID NRC–2015–0226. Address                    0226 in the subject line of your                      of the potential for physical protection
                                                  questions about NRC dockets to Carol                    comment submission, in order to ensure                information to be contained in
                                                  Gallagher; telephone: 301–415–3463;                     that the NRC is able to make your                     Preliminary Safety Analysis Reports,


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Document Created: 2018-02-26 10:20:16
Document Modified: 2018-02-26 10:20:16
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
ActionStandard review plan-final section; issuance.
DatesThe effective date of this Standard Review Plan update is October 26, 2015.
ContactMark Notich, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-6256, email: [email protected]
FR Citation80 FR 57883 

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