80 FR 80396 - Guidance on Making Changes to Emergency Plans for Nuclear Power Reactors
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 247 (December 24, 2015)
Federal Register Volume 80, Issue 247 (December 24, 2015)
| Page Range | 80396-80398 | |
| FR Document | 2015-32413 |
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)] [Notices] [Pages 80396-80398] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32413] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2015-0278] Guidance on Making Changes to Emergency Plans for Nuclear Power Reactors 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-1324, ``Guidance on Making Changes to Emergency Plans for Nuclear Power Reactors.'' This guidance is proposed Revison 1 of RG 1.219, which incorporates additional information on making changes to emergency plans by facilities that have permanently ceased operations. DATES: Submit comments by February 22, 2016. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure [[Page 80397]] 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-2015-0278. 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 12H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. For additional direction on accessing information and submitting comments, see ``Accessing Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Stephen F. LaVie, Office of Nuclear Security and Incident Response, telephone: 301-287-3741, email: [email protected]: and Anthony Markley, Office of Nuclear Regulatory Research, telephone: 301-415-3165, email: Anthony.Markley@nrc,gov. Both are staff of the 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-2015-0278 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-2015-0278. 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. 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 DG is electronically available in ADAMS under Accession No. ML15054A370. 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-2015-0278 in your comment submission. 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 posts 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 such information as 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 problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. The DG, entitled, ``Guidance on Making Changes to Emergency Plans for Nuclear Power Reactors,'' is temporarily identified by its task number, DG-1324. DG-1324 is proposed revision 1 of Regulatory Guide 1.219. The guide describes methods that the NRC staff considers acceptable to implement the requirements in Title 10, Section 50.54(q), of the Code of Federal Regulations (10 CFR) Part 50, ``Domestic Licensing of Production and Utilization Facilities.'' Requirements in 10 CFR 50.54(q) relate to emergency preparedness and specifically to making changes to emergency response plans. Revision 0 of this guide was written focusing on operating nuclear power reactors. This guide is being updated to provide clarification on how the guidance applies to emergency plan changes at facilities that have certified permanent cessation of operation pursuant to 10 CFR 50.82, ``Termination of License,'' or 10 CFR 52.110, ``Termination of License,'' as applicable. In 2013, three nuclear power reactor licensees permanently ceased operations at their facilities. Some of these licensees changed their emergency plans assuming that the inherently lower risk of a radiological accident due to the cessation of operations and 10 CFR 50.59 change processes were sufficient to address changes to the emergency plan. However, 10 CFR 50.54(q) requires licensees to gain prior NRC approval of emergency plan changes that would no longer comply with one or more regulations or that would constitute a reduction in the plan effectivness. The licensee would need to request prior NRC approval through a license amendment request under 10 CFR 50.90, ``Application for Amendment of License, Construction Permit, or Early Site Permit,'' or request an exemption under 10 CFR 50.12, ``Specific Exemptions.'' This revision is being proposed to provide clarification on how the regulatory guidance applies to emergency plan changes at nuclear power plant facilities which have permanently shut down. Additionally, editorial changes have been made to reflect current format of the regulatory guide document series. III. Backfitting and Issue Finality Issuance of this regulatory guide in final form would not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) and would not otherwise be inconsistent with the issue finality provisions in 10 CFR part 52. As discussed in the ``Implementation'' discussion in this regulatory guide, the NRC has no current intention to impose this regulatory guide on holders of current operating licenses or combined licenses. Moreover, explanations of the [[Page 80398]] process by which a licensee makes changes to its emergency plan, provided in response to misinterpretations of the NRC's regulations by licensees, do not constitute modifications of or additions to systems, structures, components, or design of a facility; or the procedures or organization required to design, construct or operate a facility within the meaning of 50.109(a)(1). Accordingly, the issuance of this regulatory guide would not constitute ``backfitting'' as defined in 50.109(a)(1) or otherwise be inconsistent with the applicable issue finality provisions in part 52. This regulatory guide may be applied to applications for operating licenses and combined licenses docketed by the NRC as of the date of issuance of the final regulatory guide, as well as future applications for operating licenses and combined licenses submitted after the issuance of this regulatory guide. Such action would not constitute backfitting as defined in 50.109(a)(1) or otherwise be inconsistent with the applicable issue finality provisions in 10 CFR part 52, inasmuch as such applicants or potential applicants are not within the scope of entities protected by the Backfit Rule or the relevant issue finality provisions in part 52. Dated at Rockville, Maryland, this 18th day of December, 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. 2015-32413 Filed 12-23-15; 8:45 am] BILLING CODE 7590-01-P
![80396 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices
The NRC posts all comment methods acceptable to the NRC staff for issued under 10 CFR part 72. Such
submissions at http:// complying with the NRC’s regulations action would not constitute backfitting
www.regulations.gov as well as entering associated with ALARA. The draft guide as defined in 10 CFR 50.109, 70.76, or
the comment submissions into ADAMS. would apply to current and future 72.62 or be otherwise inconsistent with
The NRC does not routinely edit applicants for and holders of: the applicable issue finality provision in
comment submissions to remove • (1) Licenses issued under 10 CFR 10 CFR part 52, inasmuch as such
identifying or contact information. part 70 to possess or use, at any site or applicants are not within the scope of
If you are requesting or aggregating contiguous sites subject to licensee entities protected by 10 CFR 50.109,
comments from other persons for control, a formula quantity of strategic 70.76, or 72.62 or the relevant issue
submission to the NRC, then you should special nuclear material, as defined in finality provisions in 10 CFR part 52.
inform those persons not to include 10 CFR 70.4; (2) operating licenses for Backfitting restrictions were not
identifying or contact information that nuclear power reactors under 10 CFR intended to apply to every NRC action
do not want to be publicly disclosed in part 50; and (3) approvals issued under that substantially changes settled
their comment submission. Your request subpart B, C, E, and F of 10 CFR part expectations, and applicants have no
should state that the NRC does not 52 (‘‘protected applicants and reasonable expectation that future
routinely edit comment submissions to licensees’’). requirements may change, see 54 FR
remove such information before making • operating licenses for nuclear non- 15372 (April 18, 1989), at 15385–86.
the comment submissions available to power reactors under 10 CFR part 50. Although the issue finality provisions in
the public or entering the comment • general domestic licenses for 10 CFR part 52 are intended to provide
submissions into ADAMS. byproduct material under 10 CFR part regulatory stability and issue finality,
II. Discussion 31. the matters addressed in this regulatory
• specific domestic license to guide (concerning certain ALARA
The NRC is issuing for public manufacture or transfer certain items requirements in 10 CFR part 20 and 10
comment a DG in the NRC’s ‘‘Regulatory containing byproduct material under 10 CFR part 50 appendix I) are not within
Guide’’ series. This series was CFR part 32. the scope of issues that may be resolved
developed to describe and make • specific domestic licenses of broad for design certification, design approval
available to the public information scope for byproduct material under 10 or a manufacturing license, and
regarding methods that are acceptable to CFR part 33. therefore are not subject to issue finality
the NRC staff for implementing specific • licenses for industrial radiography protections in 10 CFR part 52.
parts of the NRC’s regulations, under 10 CFR part 34.
techniques that the staff uses in • licenses for medical use of Dated at Rockville, Maryland, this 18th day
evaluating specific issues or postulated of December, 2015.
byproduct material under 10 CFR part
events, and data that the staff needs in 35. For the Nuclear Regulatory Commission.
its review of applications for permits • licenses for irradiators under 10 Thomas H. Boyce,
and licenses. CFR part 36. Chief, Regulatory Guidance and Generic
The DG, entitled, ‘‘Operating • licenses for well logging under 10 Issues Branch, Division of Engineering, Office
Philosophy for Maintaining CFR part 39. of Nuclear Regulatory Research.
Occupational Radiation Exposures As • licenses for source material under [FR Doc. 2015–32414 Filed 12–23–15; 8:45 am]
Low as is Reasonably Achievable,’’ is 10 CFR part 40. BILLING CODE 7590–01–P
temporarily identified by its task • licenses for packaging and
number, DG–8033. Draft guide-8033 is transportation of radioactive material
proposed Revision 2 of Regulatory under 10 CFR part 71. NUCLEAR REGULATORY
Guide (RG) 8.10, dated September 1975. • licenses for independent storage COMMISSION
The NRC issued RG 8.10 in 1975 to under 10 CFR part 72. [NRC–2015–0278]
provide guidance on an acceptable Holders of approvals under 10 CFR
program for maintaining radiation parts 31, 32, 33, 34, 35, 36, 39, 40, and Guidance on Making Changes to
exposures to employees and the public 71 of the NRC’s regulations and holders Emergency Plans for Nuclear Power
as low as is reasonably achievable of nonpower reactor operating licenses Reactors
(ALARA). In 1991, the NRC under 10 CFR part 50 are not protected
promulgated amendments to Title 10 of by backfitting or issue finality AGENCY: Nuclear Regulatory
the Code of Federal Regulations Part 20 provisions. Commission.
(10 CFR part 20) regulations (56 FR Issuance of this DG in final form ACTION: Draft regulatory guide; request
23360; May 21, 1991). The 1991 would not constitute backfitting under for comment.
rulemaking included substantive 10 CFR parts 50, 70, or 72 and would
amendments to the 10 CFR part 20 not otherwise be inconsistent with the SUMMARY: The U.S. Nuclear Regulatory
regulations as well as a renumbering of issue finality provisions in 10 CFR part Commission (NRC) is issuing for public
those regulations. As such, this revision 52. As discussed in the comment draft regulatory guide (DG),
(Revision 2) to the guide aligns with the ‘‘Implementation’’ section of this DG, DG–1324, ‘‘Guidance on Making
regulatory structure of 10 CFR part 20 the NRC has no current intention to Changes to Emergency Plans for Nuclear
by updating the guide’s cross-references impose the DG, if finalized, on current Power Reactors.’’ This guidance is
to the current 10 CFR part 20 holders of 10 CFR part 50 operating proposed Revison 1 of RG 1.219, which
incorporates additional information on
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regulations. In addition, this revision licenses, 10 CFR part 52, subpart B, C,
includes additional guidance from E, or F approvals, 10 CFR part 70 making changes to emergency plans by
operating ALARA experience since licenses, or 10 CFR part 72 licenses. facilities that have permanently ceased
1975. The DG, if finalized, could be applied operations.
to applications for 10 CFR part 50 DATES: Submit comments by February
III. Backfitting and Issue Finality operating licenses; 10 CFR part 52, 22, 2016. Comments received after this
This draft guide, if finalized, would subpart B, C, E, or F approvals; licenses date will be considered if it is practical
provide updated guidance on the issued under 10 CFR part 70; or licenses to do so, but the NRC is able to ensure
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![80398 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices
process by which a licensee makes resumption of the COL application NRC docketed the BBNPP COL
changes to its emergency plan, provided safety review or by December 31, 2016, application on December 19, 2008
in response to misinterpretations of the whichever comes first. (Docket Number 52–039). Additionally,
NRC’s regulations by licensees, do not DATES: The exemption is effective on the BBNPP COL application
constitute modifications of or additions December 31, 2015. incorporates by reference AREVA NP’s
to systems, structures, components, or ADDRESSES: Please refer to Docket ID application for a standard design
design of a facility; or the procedures or NRC–2008–0603 when contacting the certification for the U.S. EPR. The NRC
organization required to design, NRC about the availability of review of the AREVA NP application for
construct or operate a facility within the information regarding this document. design certification of the U.S. EPR has
meaning of 50.109(a)(1). Accordingly, You may obtain publicly-available been suspended.
the issuance of this regulatory guide information related to this document II. Request/Action
would not constitute ‘‘backfitting’’ as using any of the following methods: The regulations at 10 CFR
defined in 50.109(a)(1) or otherwise be • Federal Rulemaking Web site: Go to
inconsistent with the applicable issue 50.71(e)(3)(iii) require that an applicant
http://www.regulations.gov and search
finality provisions in part 52. for a COL under 10 CFR part 52 shall,
for Docket ID NRC–2008–0603. Address
This regulatory guide may be applied during the period from docketing of a
questions about NRC dockets to Carol
to applications for operating licenses COL application until the Commission
Gallagher; telephone: 301–415–3463;
and combined licenses docketed by the makes a finding under 10 CFR 52.103(g)
email: Carol.Gallagher@nrc.gov. For
NRC as of the date of issuance of the pertaining to facility operation, submit
technical questions, contact the an annual update to the application’s
final regulatory guide, as well as future individual listed in the FOR FURTHER
applications for operating licenses and FSAR, which is part 2 of the COL
INFORMATION CONTACT section of this
combined licenses submitted after the application. Pursuant to 10 CFR
document. 50.71(e)(3)(iii), the next annual update
issuance of this regulatory guide. Such • NRC’s Agencywide Documents
action would not constitute backfitting of the FSAR included in the BBNPP
Access and Management System COL application would be due by
as defined in 50.109(a)(1) or otherwise (ADAMS): You may obtain publicly-
be inconsistent with the applicable December 31, 2015.
available documents online in the On January 9, 2014, Bell Bend, LLC
issue finality provisions in 10 CFR part ADAMS Public Documents collection at (formerly known as PPL) submitted a
52, inasmuch as such applicants or http://www.nrc.gov/reading-rm/ request to place the safety review of the
potential applicants are not within the adams.html. To begin the search, select BBNPP COL application on hold until
scope of entities protected by the Backfit ‘‘ADAMS Public Documents’’ and then further notice (ADAMS Accession No.
Rule or the relevant issue finality select ‘‘Begin Web-based ADAMS ML14030A074). As a result of the safety
provisions in part 52. Search.’’ For problems with ADAMS, review being placed on hold, no
Dated at Rockville, Maryland, this 18th day please contact the NRC’s Public informational updates to the FSAR have
of December, 2015. Document Room (PDR) reference staff at occurred during this time. On October 7,
For the Nuclear Regulatory Commission. 1–800–397–4209, 301–415–4737, or by 2015, Bell Bend, LLC requested an
Thomas H. Boyce, email to pdr.resource@nrc.gov. The exemption from the 10 CFR
Chief, Regulatory Guidance and Generic ADAMS accession number for each 50.71(e)(3)(iii) requirements to submit
Issues Branch, Division of Engineering, Office document referenced (if that document the BBNPP COL application FSAR
of Nuclear Regulatory Research. is available in ADAMS) is provided the update in calendar year 2015 (ADAMS
[FR Doc. 2015–32413 Filed 12–23–15; 8:45 am] first time that a document is referenced. Accession No. ML15300A070).
BILLING CODE 7590–01–P
• NRC’s PDR: You may examine and The Bell Bend, LLC’s requested
purchase copies of public documents at exemption is a one-time schedule
the NRC’s PDR, Room O1–F21, One change from the requirements of 10 CFR
NUCLEAR REGULATORY White Flint North, 11555 Rockville 50.71(e)(3)(iii). The exemption would
COMMISSION Pike, Rockville, Maryland 20852. allow Bell Bend, LLC to submit the next
FOR FURTHER INFORMATION CONTACT: FSAR update at a later date but no later
[Docket No. 52–039; NRC–2008–0603] Patricia Vokoun, Office of New than December 31, 2016. The current
Reactors, U.S. Nuclear Regulatory requirement to submit an FSAR update
Bell Bend, LLC; Combined License
Commission, Washington, DC 20555– could not be changed, absent the
Application for Bell Bend Nuclear
0001; telephone: 301–415–3470; email: exemption.
Power Plant
Patricia.Vokoun@nrc.gov.
AGENCY: Nuclear Regulatory III. Discussion
SUPPLEMENTARY INFORMATION:
Commission. Pursuant to 10 CFR 50.12, the NRC
I. Background may, upon application by any interested
ACTION: Exemption; issuance.
On October 10, 2008, Bell Bend, LLC person or upon its own initiative, grant
SUMMARY: The U.S. Nuclear Regulatory (formerly known as PPL) submitted to exemptions from the requirements of 10
Commission (NRC) is issuing an the NRC a COL application for a single CFR part 50, including 10 CFR
exemption in a response to an October unit of AREVA NP’s U.S. Evolutionary 50.71(e)(3)(iii) when: (1) The
7, 2015, letter from Bell Bend, LLC, Power Reactor (EPR) (ADAMS exemptions are authorized by law, will
which requested an exemption from Accession No. ML082890663) in not present an undue risk to public
mstockstill on DSK4VPTVN1PROD with NOTICES
Final Safety Analysis Report (FSAR) accordance with the requirements of health or safety, and are consistent with
updates included in their combined subpart C of part 52 of title 10 of the the common defense and security; and
license (COL) application. The NRC staff Code of Federal Regulations (CFR), (2) special circumstances are present. As
reviewed this request and determined ‘‘Licenses, Certifications, and Approvals relevant to the requested exemption,
that it is appropriate to grant the for Nuclear Power Plants.’’ This reactor special circumstances exist if: (1)
exemption, but stipulated that the is to be constructed and operated as Bell Application of the regulation in the
updates to the FSAR must be submitted Bend Nuclear Power Plant (BBNPP), in particular circumstances would not
prior to, or coincident with, the Luzerne County, Pennsylvania. The serve the underlying purpose of the rule
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Document Created: 2015-12-24 02:25:29
Document Modified: 2015-12-24 02:25:29
| 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 | Draft regulatory guide; request for comment. | |
| Dates | Submit comments by February 22, 2016. 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. | |
| Contact | Stephen F. LaVie, Office of Nuclear Security and Incident Response, telephone: 301-287-3741, email: [email protected]: and Anthony Markley, Office of Nuclear Regulatory Research, telephone: 301-415-3165, email: [email protected],gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 80 FR 80396 |
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