80 FR 62116 - Security Exemptions/License Amendment Requests for Decommissioning Nuclear Power Plants

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 199 (October 15, 2015)

The U.S. Nuclear Regulatory Commission (NRC) is issuing Interim Staff Guidance (ISG) NSIR/DSP-ISG-03, ``Review of Security Exemptions/License Amendment Requests for Decommissioning Nuclear Power Plants,'' dated September 28, 2015. This document provides guidance for NRC staff to ensure clear and consistent reviews of a licensee's request for licensing actions and amendments, the use of alternative measures, and requests for exemption from security regulations for nuclear power reactors after permanent cessation of plant operations.

[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Notices]
[Pages 62116-62118]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26245]


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NUCLEAR REGULATORY COMMISSION

[NRC-2014-0255]


Security Exemptions/License Amendment Requests for 
Decommissioning Nuclear Power Plants

AGENCY: Nuclear Regulatory Commission.

ACTION: Interim staff guidance; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Interim Staff Guidance (ISG) NSIR/DSP-ISG-03, ``Review of Security 
Exemptions/License Amendment Requests for Decommissioning Nuclear Power 
Plants,'' dated September 28, 2015. This document provides guidance for 
NRC staff to ensure clear and consistent reviews of a licensee's 
request for licensing actions and amendments, the use of alternative 
measures, and requests for exemption from security regulations for 
nuclear power reactors after permanent cessation of plant operations.

DATES: This ISG is effective on November 16, 2015.

ADDRESSES: Please refer to Docket ID NRC-2014-0255 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-2014-0255. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     NRC's Agencywide Documents Access and Management System

[[Page 62117]]

(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 
draft NSIR/DSP-ISG-03, the final NSIR/DSP-ISG-03, the public comments, 
and the NRC staff's responses to public comments are available in ADAMS 
under Accession Nos. ML14294A170, ML15106A737, ML15042A208, and 
ML15054A200, respectively.
     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.

FOR FURTHER INFORMATION CONTACT: Douglas Garner, Office of Nuclear 
Security and Incident Response, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-287-0229; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Discussion

    Currently, the power reactor physical security requirements in part 
73 of title 10 of the Code of Federal Regulations (10 CFR) and the NRC 
security orders that apply to licensees of nuclear power reactors under 
10 CFR part 50 apply equally to operating and decommissioning power 
reactor licensees; the 10 CFR part 50 license is retained after 
permanent cessation of operations and removal of fuel from the reactor 
vessel. The NRC recognizes that licensees that have permanently ceased 
operations and have no fuel in the reactor vessel present a 
significantly reduced risk to public health and safety compared with 
operating reactors. Because of the lower comparative risk from a 
decommissioning power reactor, licensees typically request exemptions 
from regulatory requirements on the basis that the application of a 
specific regulation in the particular circumstance of decommissioning 
plants is not necessary to achieve the underlying purpose of the 
regulations and orders.
    Licensees have historically used the NRC's existing license 
amendment and exemption processes to propose tailored security 
requirements for site-specific conditions at a decommissioning 
facility. Licensees must follow the process outlined in 10 CFR 73.5 
when applying for exemptions from security regulations.
    This ISG provides guidance to NRC staff in processing requests for 
license amendments and exemptions from the security requirements for 
nuclear power reactors that are undergoing decommissioning. Use of this 
ISG would result in consistent and timely reviews of requests for 
exemption from certain security regulations.

II. Public Comments

    A draft ISG was published for public comment in the Federal 
Register on December 2, 2014 (79 FR 71458). The public comment period 
closed on January 8, 2015. The NRC received 37 separate comments on the 
draft ISG in three submissions from members of the nuclear industry. 
None of the comments received resulted in substantive changes being 
made to the ISG. One submission from the nuclear industry provided 
editorial comments and comments for clarification.

III. Changes to the ISG

    This ISG was revised from the draft that appeared in the Federal 
Register on December 2, 2014. Editorial changes based on public 
comments are described in the NRC staff's responses to public comments. 
The ISG was also revised to provide clarification to staff regarding 
internal NRC processing.

IV. Congressional Review Act

    This ISG, NSIR/DSP-ISG-03 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.

V. Backfitting and Issue Finality

    The NRC is issuing interim guidance for the NRC staff regarding its 
review of requests from licensees of decommissioning nuclear power 
plants for license amendments, alternative measures, and exemptions 
from specific security requirements in 10 CFR part 73. Issuance of the 
ISG does 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. The NRC's position is based upon the 
following considerations.
    1. The ISG positions do not constitute backfitting, inasmuch as the 
ISG is internal guidance to NRC staff.
    The ISG provides interim guidance to the staff on how to review 
certain requests for exemption, alternative measures, or license 
amendments. Changes in internal staff guidance are not matters for 
which applicants or licensees are protected under 10 CFR 50.109 or 
issue finality provisions in 10 CFR part 52.
    2. The staff has no intention to impose the ISG on existing nuclear 
power plant licenses or holders of regulatory approvals either now or 
in the future (absent a voluntary request for change from the licensee 
or holder of a regulatory approval).
    The staff does not intend to impose or apply the positions 
described in the ISG to existing (already issued) licenses (e.g., 
operating licenses and combined licenses) and regulatory approvals. 
Hence, the ISG--even if considered guidance that is within the purview 
of the issue finality provisions in 10 CFR part 52--need not be 
evaluated as if it were a backfit or as being inconsistent with issue 
finality provisions. If, in the future, the staff seeks to impose a 
position in the ISG 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, as 
applicable.
    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. This is because neither the Backfit 
Rule nor the issue finality provisions under 10 CFR part 52--with 
certain exclusions discussed below--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) and/or NRC regulatory approval (e.g., a design certification 
rule) with specified issue finality provisions. The staff does not, at 
this time, intend to impose the positions represented in the ISG in a 
manner that is inconsistent with any issue finality provisions.
    If, in the future, the staff seeks to impose a position in the ISG 
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.

    Dated at Rockville, Maryland, this 30th day of September, 2015.


[[Page 62118]]


    For the Nuclear Regulatory Commission.
Christiana Lui,
Director, Division of Security Policy, Office of Nuclear Security and 
Incident Response.
[FR Doc. 2015-26245 Filed 10-14-15; 8:45 am]
 BILLING CODE 7590-01-P