81_FR_51366 81 FR 51217 - Steam Generator Materials and Design

81 FR 51217 - Steam Generator Materials and Design

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 149 (August 3, 2016)

Page Range51217-51218
FR Document2016-18390

The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to Section 5.4.2.1, ``Steam Generator Materials and Design,'' of NUREG-0800, ``Standard Review Plan [SRP] for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR [Light Water Reactor] Edition.'' Revision 4 to Section 5.4.2.1 of the SRP reflects current NRC review methods and practices based on lessons learned from NRC reviews of design certification and combined license applications completed since the last revision of this section.

Federal Register, Volume 81 Issue 149 (Wednesday, August 3, 2016) 
[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Pages 51217-51218]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18390]


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NUCLEAR REGULATORY COMMISSION

[NRC-2016-0045]


Steam Generator Materials and Design

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan--final section revision; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
final revision to Section 5.4.2.1, ``Steam Generator Materials and 
Design,'' of NUREG-0800, ``Standard Review Plan [SRP] for the Review of 
Safety Analysis Reports for Nuclear Power Plants: LWR [Light Water 
Reactor] Edition.'' Revision 4 to Section 5.4.2.1 of the SRP reflects 
current NRC review methods and practices based on lessons learned from 
NRC reviews of design certification and combined license applications 
completed since the last revision of this section.

DATES: The effective date of Revision 4 to Section 5.4.2.1 of the SRP 
is September 2, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0045 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-2016-0045. 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 
(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]. A 
mark-up showing the Revision 4 changes made to SRP Section 5.4.2.1, and 
the final revision of SRP Section 5.4.2.1, Revision 4, are available in 
ADAMS under Accession Nos. ML16147A298 and ML16147A289.
     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 NUREG-0800 is available on the NRC's public Web site 
at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/.

FOR FURTHER INFORMATION CONTACT: Carolyn Lauron, telephone: 301-415-
2736, email: [email protected]; or Mark Notich, telephone: 301-
415.3053, email: [email protected]. Both are staff of the Office of 
New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.

SUPPLEMENTARY INFORMATION: 

I. Background

    On April 22, 2016 (81 FR 23762), the NRC published for public 
comment the proposed revisions to SRP Section 5.4.2.1. The NRC received 
no comments on the proposed revisions. Therefore, the NRC is issuing 
Revision 4 to Section 5.4.2.1 of the SRP in final form for use. There 
have been minor editorial changes to this section since its issuance in 
proposed form for public comment. Details of the specific changes are 
included at the end of the revised section, under the subsection 
titled, ``Description of Changes.''
    Revision 4 to Section 5.4.2.1 of the SRP reflects current NRC 
review methods and practices based on lessons learned from NRC reviews 
of design certification and combined license applications completed 
since the last revision of this section.

II. Backfitting and Finality Provisions

    Issuance of this revised SRP section does not constitute 
backfitting as defined in Sec.  50.109 of title 10 of the Code of 
Federal Regulations (10 CFR), ``Backfitting,'' (the Backfit Rule) or

[[Page 51218]]

otherwise be 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 do not constitute backfitting, inasmuch as the 
SRP is internal guidance directed at the NRC staff with respect to 
their regulatory responsibilities.
    The SRP provides guidance to the NRC staff on how to review an 
application for the NRC's regulatory approval in the form of licensing. 
Changes in internal NRC 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 
current licensees and regulatory approvals either now or in the future.
    The NRC staff does not intend to impose or apply the positions 
described in the SRP to existing (already issued) licenses and 
regulatory approvals. Therefore, the issuance of a final SRP--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 NRC staff seeks to impose a position in the SRP on 
holders of already issued licenses in a manner which does not provide 
issue finality as described in the applicable issue finality provision, 
then the NRC 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. This is because neither the Backfit 
Rule nor the issue finality provisions under 10 CFR part 52--with 
certain exclusions discussed in the next paragraph--were intended to 
apply to every NRC action which 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 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 NRC staff seeks to impose a position in the SRP in a 
manner which does not provide issue finality as described in the 
applicable issue finality provision, then the NRC staff must address 
the criteria for avoiding issue finality as described in the applicable 
issue finality provision.

III. Congressional Review Act

    This SRP section revision 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 29th day of July 2016.

    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, New Reactor Rulemaking and Guidance Branch, Division of 
Engineering, Infrastructure, and Advanced Reactors, Office of New 
Reactors.
[FR Doc. 2016-18390 Filed 8-2-16; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices 51217 modalities; a discussion on the licensing 2016.html on or about November 22, • NRC’s Agencywide Documents guidance for yttrium-90 microsphere 2016. Access and Management System brachytherapy; a discussion on the 4. Persons who require special (ADAMS): You may obtain publicly- training and experience requirements services, such as those for the hearing available documents online in the for authorized individuals for various impaired, should notify Ms. Smethers of ADAMS Public Documents collection at modalities; a presentation from their planned attendance. http://www.nrc.gov/reading-rm/ Spectrum Pharmaceuticals, Inc. on the This meeting will be held in adams.html. To begin the search, select training and experience requirements accordance with the Atomic Energy Act ‘‘ADAMS Public Documents’’ and then for alpha and beta emitters; an update of 1954, as amended (primarily Section select ‘‘Begin Web-based ADAMS on the worldwide supply of 161a); the Federal Advisory Committee Search.’’ For problems with ADAMS, molybdenum-99; and a discussion on Act (5 U.S.C. App); and the please contact the NRC’s Public the licensing guidance for the Commission’s regulations in Title 10 of Document Room (PDR) reference staff at NorthStar® Generator. The agenda is the Code of Federal Regulations, part 7. 1–800–397–4209, 301–415–4737, or by subject to change. The current agenda Dated at Rockville, Maryland, this 28th day email to pdr.resource@nrc.gov. A mark- and any updates will be available at of July, 2016. up showing the Revision 4 changes http://www.nrc.gov/reading-rm/doc- Andrew L. Bates, made to SRP Section 5.4.2.1, and the collections/acmui/meetings/2016.html Advisory Committee Management Officer. final revision of SRP Section 5.4.2.1, or by emailing Ms. Michelle Smethers at Revision 4, are available in ADAMS [FR Doc. 2016–18372 Filed 8–2–16; 8:45 am] the contact information below. under Accession Nos. ML16147A298 BILLING CODE 7590–01–P Purpose: Discuss issues related to 10 and ML16147A289. CFR part 35 Medical Use of Byproduct • NRC’s PDR: You may examine and Material. NUCLEAR REGULATORY purchase copies of public documents at Date and Time for Open Sessions: COMMISSION the NRC’s PDR, Room O1–F21, One October 06, 2016, from 8:00 a.m. to 3:00 White Flint North, 11555 Rockville p.m. and October 07, 2016, from 8:00 Pike, Rockville, Maryland 20852. [NRC–2016–0045] a.m. to 4:00 p.m. • The NUREG–0800 is available on Data and Time for Closed Sessions: Steam Generator Materials and Design the NRC’s public Web site at http:// October 06, 2016, from 7:00 a.m. to 8:00 www.nrc.gov/reading-rm/doc- a.m. and from 3:00 p.m. to 5:00 p.m. AGENCY: Nuclear Regulatory collections/nuregs/staff/sr0800/. Address for Public Meeting: U.S. Commission. FOR FURTHER INFORMATION CONTACT: Nuclear Regulatory Commission, Two ACTION: Standard review plan—final Carolyn Lauron, telephone: 301–415– White Flint North Building, Room T2– section revision; issuance. 2736, email: Carolyn.Lauron@nrc.gov; or B3, 11545 Rockville Pike, Rockville, Mark Notich, telephone: 301–415.3053, Maryland 20852. SUMMARY: The U.S. Nuclear Regulatory email: Mark.Notich@nrc.gov. Both are Public Participation: Any member of Commission (NRC) is issuing a final staff of the Office of New Reactors, U.S. the public who wishes to participate in revision to Section 5.4.2.1, ‘‘Steam Nuclear Regulatory Commission, the meeting in person or via phone Generator Materials and Design,’’ of Washington, DC 20555–0001. should contact Ms. Smethers using the NUREG–0800, ‘‘Standard Review Plan SUPPLEMENTARY INFORMATION: information below. The meeting will [SRP] for the Review of Safety Analysis also be webcast live: video.nrc.gov. Reports for Nuclear Power Plants: LWR I. Background [Light Water Reactor] Edition.’’ Revision FOR FURTHER INFORMATION CONTACT: On April 22, 2016 (81 FR 23762), the 4 to Section 5.4.2.1 of the SRP reflects Michelle Smethers, email: NRC published for public comment the current NRC review methods and michelle.smethers@nrc.gov, telephone: proposed revisions to SRP Section practices based on lessons learned from (301) 415–6711. 5.4.2.1. The NRC received no comments NRC reviews of design certification and on the proposed revisions. Therefore, Conduct of the Meeting combined license applications the NRC is issuing Revision 4 to Section Philip O. Alderson, M.D., will chair completed since the last revision of this 5.4.2.1 of the SRP in final form for use. the meeting. Dr. Alderson will conduct section. There have been minor editorial the meeting in a manner that will DATES: The effective date of Revision 4 changes to this section since its issuance facilitate the orderly conduct of to Section 5.4.2.1 of the SRP is in proposed form for public comment. business. The following procedures September 2, 2016. Details of the specific changes are apply to public participation in the ADDRESSES: Please refer to Docket ID included at the end of the revised meeting: NRC–2016–0045 when contacting the section, under the subsection titled, 1. Persons who wish to provide a NRC about the availability of ‘‘Description of Changes.’’ written statement should submit an information regarding this document. Revision 4 to Section 5.4.2.1 of the electronic copy to Ms. Smethers using You may obtain publicly-available SRP reflects current NRC review the contact information listed above. All information related to this document methods and practices based on lessons submittals must be received by October using any of the following methods: learned from NRC reviews of design 3, 2016, and must pertain to the topic • Federal Rulemaking Web site: Go to certification and combined license on the agenda for the meeting. http://www.regulations.gov and search asabaliauskas on DSK3SPTVN1PROD with NOTICES applications completed since the last 2. Questions and comments from for Docket ID NRC–2016–0045. Address revision of this section. members of the public will be permitted questions about NRC dockets to Carol during the meeting, at the discretion of Gallagher; telephone: 301–415–3463; II. Backfitting and Finality Provisions the Chairman. email: Carol.Gallagher@nrc.gov. For Issuance of this revised SRP section 3. The draft transcript and meeting technical questions, contact the does not constitute backfitting as summary will be available on ACMUI’s individuals listed in the FOR FURTHER defined in § 50.109 of title 10 of the Web site http://www.nrc.gov/reading- INFORMATION CONTACT section of this Code of Federal Regulations (10 CFR), rm/doc-collections/acmui/meetings/ document. ‘‘Backfitting,’’ (the Backfit Rule) or VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1

51218 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices otherwise be inconsistent with the issue a manner that is inconsistent with any technical questions, contact the finality provisions in 10 CFR part 52. issue finality provisions. If, in the individual listed in the FOR FURTHER The NRC’s position is based upon the future, the NRC staff seeks to impose a INFORMATION CONTACT section of this following considerations: position in the SRP in a manner which document. 1. The SRP positions do not constitute does not provide issue finality as • NRC’s Agencywide Documents backfitting, inasmuch as the SRP is described in the applicable issue finality Access and Management System internal guidance directed at the NRC provision, then the NRC staff must (ADAMS): You may obtain publicly- staff with respect to their regulatory address the criteria for avoiding issue available documents online in the responsibilities. finality as described in the applicable ADAMS Public Documents collection at The SRP provides guidance to the issue finality provision. http://www.nrc.gov/reading-rm/ NRC staff on how to review an adams.html. To begin the search, select application for the NRC’s regulatory III. Congressional Review Act ‘‘ADAMS Public Documents’’ and then approval in the form of licensing. This SRP section revision is a rule as select ‘‘Begin Web-based ADAMS Changes in internal NRC staff guidance defined in the Congressional Review Search.’’ For problems with ADAMS, are not matters for which either nuclear Act (5 U.S.C. 801–808). However, the please contact the NRC’s Public power plant applicants or licensees are Office of Management and Budget has Document Room (PDR) reference staff at protected under either the Backfit Rule not found it to be a major rule as 1–800–397–4209, 301–415–4737, or by or the issue finality provisions of 10 defined in the Congressional Review email to pdr.resource@nrc.gov. The CFR part 52. Act. ADAMS accession number for each 2. The NRC staff has no intention to document referenced in this document impose the SRP positions on current Dated at Rockville, Maryland, this 29th day of July 2016. (if that document is available in licensees and regulatory approvals ADAMS) is provided the first time that either now or in the future. For the Nuclear Regulatory Commission. Joseph Colaccino, a document is referenced. The NRC staff does not intend to Chief, New Reactor Rulemaking and • NRC’s PDR: You may examine and impose or apply the positions described Guidance Branch, Division of Engineering, purchase copies of public documents at in the SRP to existing (already issued) Infrastructure, and Advanced Reactors, Office the NRC’s PDR, Room O1–F21, One licenses and regulatory approvals. of New Reactors. White Flint North, 11555 Rockville Therefore, the issuance of a final SRP— even if considered guidance that is [FR Doc. 2016–18390 Filed 8–2–16; 8:45 am] Pike, Rockville, Maryland 20852. within the purview of the issue finality BILLING CODE 7590–01–P FOR FURTHER INFORMATION CONTACT: provisions in 10 CFR part 52—need not Karen R. Cotton, Office of Nuclear be evaluated as if it were a backfit or as Reactor Regulation, U.S. Nuclear being inconsistent with issue finality NUCLEAR REGULATORY Regulatory Commission, Washington, provisions. If, in the future, the NRC COMMISSION DC 20555–0001; telephone: 301–415– staff seeks to impose a position in the [Docket Nos. 50–280 and 50–281 NRC– 1438, email: Karen.Cotton@nrc.gov. SRP on holders of already issued 2016–0105] SUPPLEMENTARY INFORMATION: licenses in a manner which does not Virginia Electric Power Company; I. Background provide issue finality as described in the applicable issue finality provision, then Surry Power Station, Unit Nos. 1 and Dominion is the holder of Facility the NRC staff must make the showing as 2; Use of AREVA’s M5® Alloy Fuel Rod Operating License Nos. DPR–32 and set forth in the Backfit Rule or address Cladding Material DPR–37, which authorize operation of the criteria for avoiding issue finality as SPS. The licenses provide, among other AGENCY: Nuclear Regulatory things, that the facility is subject to all described in the applicable issue finality Commission. provision. rules, regulations, and orders of the NRC 3. Backfitting and issue finality do ACTION: Exemption; issuance. now or hereafter in effect. not—with limited exceptions not The facility consists of two SUMMARY: The U.S. Nuclear Regulatory applicable here—protect current or pressurized-water reactors (PWR) Commission (NRC) is issuing an future applicants. located in Surry County, Virginia. exemption in response to a September Applicants and potential applicants 30, 2016, request from Virginia Electric II. Request/Action are not, with certain exceptions, Power Company (Dominion or the Pursuant to § 50.12 of title 10 of the protected by either the Backfit Rule or licensee) in order to use AREVA’s M5® Code of Federal Regulations (10 CFR), any issue finality provisions under 10 alloy fuel rod cladding material at Surry ‘‘Specific exemptions,’’ the licensee has CFR part 52. This is because neither the Power Station, Unit Nos. 1 and 2 (SPS). requested, by letter dated September 30, Backfit Rule nor the issue finality provisions under 10 CFR part 52—with DATES: The exemption was issued on 2015 (ADAMS Accession No. certain exclusions discussed in the next July 27, 2016. ML15282A036), an exemption from 10 paragraph—were intended to apply to ADDRESSES: Please refer to Docket ID CFR 50.46, ‘‘Acceptance criteria for every NRC action which substantially NRC–2016–0105 when contacting the emergency core cooling systems [ECCS] changes the expectations of current and NRC about the availability of for light-water nuclear power reactors,’’ future applicants. information regarding this document. and 10 CFR part 50, appendix K, ‘‘ECCS The exceptions to the general You may obtain publicly-available Evaluation Models,’’ to allow the use of asabaliauskas on DSK3SPTVN1PROD with NOTICES principle are applicable whenever an information related to this document fuel rods clad with AREVA’s M5® alloy. applicant references a 10 CFR part 52 using any of the following methods: The regulations in 10 CFR 50.46 require license (e.g., an early site permit) and/ • Federal Rulemaking Web site: Go to that the calculated cooling performance or NRC regulatory approval (e.g., a http://www.regulations.gov and search following postulated loss-of-coolant design certification rule) with specified for Docket ID: NRC–2016–0105. Address accidents (LOCAs) at reactors fueled issue finality provisions. The NRC staff questions about NRC dockets to Carol with zircaloy or ZIRLOTM cladding does not, at this time, intend to impose Gallagher; telephone: 301–415–3463; conforms to the criteria set forth in 10 the positions represented in the SRP in email: Carol.Gallagher@nrc.gov. For CFR 50.46(b). In addition, 10 CFR part VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1


Document Created: 2016-08-02 23:43:53
Document Modified: 2016-08-02 23:43:53
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 revision; issuance.
DatesThe effective date of Revision 4 to Section 5.4.2.1 of the SRP is September 2, 2016.
ContactCarolyn Lauron, telephone: 301-415- 2736, email: [email protected]; or Mark Notich, telephone: 301- 415.3053, email: [email protected] Both are staff of the Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001.
FR Citation81 FR 51217 
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