81 FR 54854 - Conduct of Operations
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 159 (August 17, 2016)
Federal Register Volume 81, Issue 159 (August 17, 2016)
| Page Range | 54854-54855 | |
| FR Document | 2016-19562 |
[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)] [Notices] [Pages 54854-54855] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19562] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2014-0203] Conduct of Operations AGENCY: Nuclear Regulatory Commission. ACTION: Standard review plan--final section revision; final issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing final revisions to the following sections in Chapter 13, ``Conduct of Operations,'' of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition'': Section 13.1.1, ``Management and Technical Support Organization''; Section 13.1.2-13.1.3, ``Operating Organization''; Section 13.2.1, ``Reactor Operator Requalification Program; Reactor Operator Training''; Section 13.2.2, ``Non-licensed Plant Staff Training''; and Section 13.5.1.1, ``Administrative Procedures--General.'' DATES: The effective date of this Standard Review Plan (SRP) update is September 16, 2016. ADDRESSES: Please refer to Docket ID NRC-2014-0203 when contacting the NRC about the availability of information regarding this document. You may access 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-2014-0203. 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]. For the convenience of the reader, the ADAMS accession numbers are provided in a table in the ``Availability of Documents'' section of this document. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The NRC posts its issued staff guidance on the NRC's external Web page (http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/). FOR FURTHER INFORMATION CONTACT: Mark D. Notich, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001; telephone: 301-415-3053; email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background On September 24, 2014 (79 FR 57141), the NRC published for public comment the proposed revisions to Chapter 13 of the SRP. A summary of the comments and the NRC staff's disposition of the comments are available in a separate document, ``Public Comment Response Table SRP Section 13.1.1 through 13.5.1.1'' (ADAMS Accession No. ML15008A024). The Office of New Reactors is revising these sections from their current versions. Details of specific changes in the proposed revisions are included at the end of each of the proposed sections. The changes to this SRP chapter reflect NRC staff's current review methods and practices based on lessons learned from the NRC's reviews of design certification and combined license applications completed since the last revision of this chapter. II. Backfitting and Issue Finality Issuance of these revised SRP sections 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 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 would 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 NRC's 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 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 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 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 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 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 in a manner that does not provide issue finality as [[Page 54855]] described in the applicable issue finality provision, then the staff must address the criteria for avoiding issue finality as described in the applicable issue finality provision. III. Availability of Documents The documents identified in the following table are available to interested persons. ---------------------------------------------------------------------------------------------------------------- SRP Section Current version Final revision Redline strikeout ---------------------------------------------------------------------------------------------------------------- 13.1.1................................................. ML13311B662 ML15005A449 ML16078A165 13.1.2-13.1.3.......................................... ML13311B719 ML15007A296 ML16081A063 13.2.1................................................. ML13311B565 ML15006A035 ML16081A014 13.2.2................................................. ML14030A091 ML15006A129 ML16081A022 13.5.1.1............................................... ML13115A067 ML15006A205 ML16078A352 ---------------------------------------------------------------------------------------------------------------- IV. Congressional Review Act In accordance with the Congressional Review Act, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of the Office of Management and Budget. Dated at Rockville, Maryland, this 11th day of August, 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. 2016-19562 Filed 8-16-16; 8:45 am] BILLING CODE 7590-01-P
![54854 Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Notices
evaluation, and recommendations on (ADAMS): You may obtain publicly- 1. The SRP positions would not
financial assistance under the National available documents online in the constitute backfitting, inasmuch as the
Foundation on the Arts and the ADAMS Public Documents collection at SRP is internal guidance directed at the
Humanities Act of 1965, as amended, http://www.nrc.gov/reading-rm/ NRC staff with respect to their
including information given in adams.html. To begin the search, select regulatory responsibilities.
confidence to the agency. In accordance ‘‘ADAMS Public Documents’’ and then The SRP provides guidance to the
with the determination of the Chairman select ‘‘Begin Web-based ADAMS NRC staff on how to review an
of July 5, 2016, these sessions will be Search.’’ For problems with ADAMS, application for NRC’s regulatory
closed to the public pursuant to please contact the NRC’s Public approval in the form of licensing.
subsection (c)(6) of section 552b of title Document Room (PDR) reference staff at Changes in internal staff guidance are
5, United States Code. 1–800–397–4209, 301–415–4737, or by not matters for which either nuclear
email to pdr.resource@nrc.gov. For the power plant applicants or licensees are
Dated: August 12, 2016.
convenience of the reader, the ADAMS protected under either the Backfit Rule
Kathy Plowitz-Worden,
accession numbers are provided in a or the issue finality provisions of 10
Panel Coordinator, National Endowment for CFR part 52.
the Arts. table in the ‘‘Availability of Documents’’
section of this document. 2. The NRC staff has no intention to
[FR Doc. 2016–19644 Filed 8–16–16; 8:45 am] impose the SRP positions on existing
• NRC’s PDR: You may examine and
BILLING CODE 7537–01–P
purchase copies of public documents at licensees either now or in the future.
the NRC’s PDR, Room O1–F21, One The staff does not intend to impose or
White Flint North, 11555 Rockville apply the positions described in the SRP
NUCLEAR REGULATORY Pike, Rockville, Maryland 20852. to existing (already issued) licenses and
COMMISSION • The NRC posts its issued staff regulatory approvals. Therefore, the
guidance on the NRC’s external Web issuance of a final SRP—even if
[NRC–2014–0203]
page (http://www.nrc.gov/reading-rm/ considered guidance that is within the
Conduct of Operations doc-collections/nuregs/staff/sr0800/). purview of the issue finality provisions
in 10 CFR part 52—need not be
AGENCY: Nuclear Regulatory FOR FURTHER INFORMATION CONTACT:
evaluated as if it were a backfit or as
Commission. Mark D. Notich, Office of New Reactors, being inconsistent with issue finality
ACTION: Standard review plan—final U.S. Nuclear Regulatory Commission, provisions. If, in the future, the staff
section revision; final issuance. Washington, DC 20555–0001; telephone: seeks to impose a position in the SRP on
301–415–3053; email: Mark.Notich@ holders of already issued licenses in a
SUMMARY: The U.S. Nuclear Regulatory nrc.gov. manner which does not provide issue
Commission (NRC) is issuing final SUPPLEMENTARY INFORMATION: finality as described in the applicable
revisions to the following sections in issue finality provision, then the staff
Chapter 13, ‘‘Conduct of Operations,’’ of I. Background
must make the showing as set forth in
NUREG–0800, ‘‘Standard Review Plan On September 24, 2014 (79 FR 57141), the Backfit Rule or address the criteria
for the Review of Safety Analysis the NRC published for public comment for avoiding issue finality as described
Reports for Nuclear Power Plants: LWR the proposed revisions to Chapter 13 of in the applicable issue finality
Edition’’: Section 13.1.1, ‘‘Management the SRP. A summary of the comments provision.
and Technical Support Organization’’; and the NRC staff’s disposition of the 3. Backfitting and issue finality do
Section 13.1.2–13.1.3, ‘‘Operating comments are available in a separate not—with limited exceptions not
Organization’’; Section 13.2.1, ‘‘Reactor document, ‘‘Public Comment Response applicable here—protect current or
Operator Requalification Program; Table SRP Section 13.1.1 through future applicants.
Reactor Operator Training’’; Section 13.5.1.1’’ (ADAMS Accession No. Applicants and potential applicants
13.2.2, ‘‘Non-licensed Plant Staff ML15008A024). are not, with certain exceptions,
Training’’; and Section 13.5.1.1, The Office of New Reactors is revising protected by either the Backfit Rule or
‘‘Administrative Procedures—General.’’ these sections from their current any issue finality provisions under 10
DATES: The effective date of this versions. Details of specific changes in CFR part 52. This is because neither the
Standard Review Plan (SRP) update is the proposed revisions are included at Backfit Rule nor the issue finality
September 16, 2016. the end of each of the proposed provisions under 10 CFR part 52—with
ADDRESSES: Please refer to Docket ID sections. certain exclusions discussed in the next
NRC–2014–0203 when contacting the The changes to this SRP chapter paragraph—were intended to apply to
NRC about the availability of reflect NRC staff’s current review every NRC action that substantially
information regarding this document. methods and practices based on lessons changes the expectations of current and
You may access publicly-available learned from the NRC’s reviews of future applicants.
information related to this document design certification and combined The exceptions to the general
using any of the following methods: license applications completed since the principle are applicable whenever an
• Federal Rulemaking Web site: Go to last revision of this chapter. applicant references a 10 CFR part 52
http://www.regulations.gov and search license (e.g., an early site permit) and/
II. Backfitting and Issue Finality or NRC regulatory approval (e.g., a
for Docket ID NRC–2014–0203. Address
questions about NRC dockets to Carol Issuance of these revised SRP sections design certification rule) with specified
Gallagher; telephone: 301–415–3463; does not constitute backfitting as issue finality provisions. The staff does
mstockstill on DSK3G9T082PROD with NOTICES
email: Carol.Gallagher@nrc.gov. For defined in § 50.109 of title 10 of the not, at this time, intend to impose the
technical questions, contact the Code of Federal Regulations (10 CFR), positions represented in the SRP in a
individual listed in the FOR FURTHER ‘‘Backfitting,’’ (the Backfit rule) or manner that is inconsistent with any
INFORMATION CONTACT section of this otherwise be inconsistent with the issue issue finality provisions. If, in the
document. finality provisions in 10 CFR part 52. future, the staff seeks to impose a
• NRC’s Agencywide Documents The NRC’s position is based upon the position in the SRP in a manner that
Access and Management System following considerations: does not provide issue finality as
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![Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Notices 54855
described in the applicable issue finality described in the applicable issue finality III. Availability of Documents
provision, then the staff must address provision. The documents identified in the
the criteria for avoiding issue finality as following table are available to
interested persons.
SRP Section Current version Final revision Redline strikeout
13.1.1 ......................................................................................................................... ML13311B662 ML15005A449 ML16078A165
13.1.2–13.1.3 ............................................................................................................. ML13311B719 ML15007A296 ML16081A063
13.2.1 ......................................................................................................................... ML13311B565 ML15006A035 ML16081A014
13.2.2 ......................................................................................................................... ML14030A091 ML15006A129 ML16081A022
13.5.1.1 ...................................................................................................................... ML13115A067 ML15006A205 ML16078A352
IV. Congressional Review Act DATES: Revision 3 to RG 1.140 is Stephen Burton, Office of Nuclear
In accordance with the Congressional available on August 17, 2016. Regulatory Research, telephone: 301–
Review Act, the NRC has determined ADDRESSES: Please refer to Docket ID 415–7000, email: Stephen.Burton@
that this action is not a major rule and NRC–2012–0152 when contacting the nrc.gov: Both are staff of the U.S.
has verified this determination with the NRC about the availability of Nuclear Regulatory Commission,
Office of Information and Regulatory information regarding this document. Washington, DC 20555–0001.
Affairs of the Office of Management and You may obtain publicly available SUPPLEMENTARY INFORMATION:
Budget. information related to this document,
using the following methods: I. Introduction
Dated at Rockville, Maryland, this 11th day
of August, 2016.
• Federal Rulemaking Web site: Go to
http://www.regulations.gov and search The NRC is issuing a revision to an
For the Nuclear Regulatory Commission. existing guide in the NRC’s ‘‘Regulatory
for Docket ID NRC–2012–0152. Address
Joseph Colaccino, questions about NRC dockets to Carol Guide’’ series. This series was
Chief, New Reactor Rulemaking and Gallagher; telephone: 301–415–3463; developed to describe and make
Guidance Branch, Division of Engineering, email: Carol.Gallagher@nrc.gov. For available to the public information
Infrastructure, and Advanced Reactors, Office regarding methods that are acceptable to
of New Reactors.
technical questions, contact the
individuals listed in the FOR FURTHER the NRC staff for implementing specific
[FR Doc. 2016–19562 Filed 8–16–16; 8:45 am] parts of the agency’s regulations,
INFORMATION CONTACT section of this
BILLING CODE 7590–01–P
document. techniques that the NRC staff uses in
• NRC’s Agencywide Documents evaluating specific issues or postulated
Access and Management System events, and data that the NRC staff
NUCLEAR REGULATORY needs in its review of applications for
(ADAMS): You may obtain publicly
COMMISSION permits and licenses.
available documents online in the
[NRC–2012–0152] ADAMS Public Document collection at Revision 3 of RG 1.140 was issued
http://www.nrc.gov/reading-rm/ with a temporary identification of Draft
Design, Inspection, and Testing adams.html. To begin the search, select Regulatory Guide, DG–1280. Since the
Criteria for Air Filtration and ‘‘ADAMS Public Documents’’ and then NRC issued Revision 2 of RG 1.140, in
Adsorption Units of Normal select ‘‘Begin Web-based ADAMS June 2001, the American Society of
Atmosphere Cleanup Systems in Light Search.’’ For problems with ADAMS, Mechanical Engineers (ASME)
Water Cooled Nuclear Power Plants please contact the NRC’s Public Committee on Nuclear Air and Gas
AGENCY: Nuclear Regulatory Document Room (PDR) reference staff at Treatment (CONAGT) has revised and
Commission. 1–800–397–4209, 301–415–4737, or by expanded the scope of equipment
ACTION: Regulatory Guide; Issuance.
email to pdr.resource@nrc.gov. The covered by ASME–AG–1, ‘‘Code on
ADAMS accession number for each Nuclear Air and Gas Treatment,’’ which
SUMMARY: The U.S. Nuclear Regulatory document referenced (if that document the staff previously endorsed in RG
Commission (NRC) is issuing Revision 3 is available in ADAMS) is provided the 1.140. The revision to ASME–AG–1b
to Regulatory Guide (RG) 1.140, first time that a document is referenced. consolidated some requirements from
‘‘Design, Inspection, and Testing Revision 3 to RG 1.140, and the ASME–N509, ‘‘Nuclear Power Plant Air
Criteria for Air Filtration and regulatory analysis are available in Cleaning Units and Components’’;
Adsorption Units of Normal ADAMS under Accession No. ASME–N510, ‘‘Testing of Nuclear Air-
Atmosphere Cleanup Systems in Light ML16070A277 and ML16082A538, Treatment Systems’’; and other
Water Cooled Nuclear Power Plants.’’ respectively. documents previously endorsed by the
This RG describes a method that the • NRC’s PDR: You may examine and staff in RG 1.140. In addition, CONAGT
NRC staff considers acceptable to purchase copies of public documents at has developed and published a new
implement regulatory requirements with the NRC’s PDR, Room O1–F21, One standard, ASME N511–2007, ‘‘Inservice
regard to the design, inspection, and White Flint North, 11555 Rockville Testing of Nuclear Air Treatment,
testing of normal atmosphere cleanup Pike, Rockville, Maryland 20852. Heating Ventilation and Air
mstockstill on DSK3G9T082PROD with NOTICES
systems for controlling releases of Regulatory guides are not Conditioning Systems.’’ This new
airborne radioactive materials to the copyrighted, and NRC approval is not standard provides comprehensive test
environment during normal operations, required to reproduce them. and inspection requirements and is
including anticipated operational FOR FURTHER INFORMATION CONTACT: written to complement the expanded
occurrences. This guide applies to all Jerome Bettle, Office of Nuclear Reactor ASME–AG–1b. Therefore, this guide
types of nuclear power plants that use Regulation, telephone: 301–415–1314, was revised to address these changes to
water as the primary means of cooling. email: Jerome.Bettle@nrc.gov; and the referenced industry standards.
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Document Created: 2018-02-09 11:35:21
Document Modified: 2018-02-09 11:35:21
| 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 | Standard review plan--final section revision; final issuance. | |
| Dates | The effective date of this Standard Review Plan (SRP) update is September 16, 2016. | |
| Contact | Mark D. Notich, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001; telephone: 301-415-3053; email: [email protected] | |
| FR Citation | 81 FR 54854 |
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