81 FR 6897 - Revision Probabilistic Risk Assessment and Severe Accident Evaluation for New Reactors

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 26 (February 9, 2016)

Page Range		6897-6898
FR Document		2016-02564

The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to the following section in Chapter 19 of NUREG-0800, ``Standard Review Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,'' Section 19.0, ``Probabilistic Risk Assessment and Severe Accident Evaluation for New Reactors.''

Federal Register, Volume 81 Issue 26 (Tuesday, February 9, 2016)

[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Notices]
[Pages 6897-6898]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02564]


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NUCLEAR REGULATORY COMMISSION

[NRC-2012-0232]


Revision Probabilistic Risk Assessment and Severe Accident 
Evaluation for New Reactors

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 the following section in Chapter 19 of NUREG-0800, 
``Standard Review Plan (SRP) for the Review of Safety Analysis Reports 
for Nuclear Power Plants: LWR Edition,'' Section 19.0, ``Probabilistic 
Risk Assessment and Severe Accident Evaluation for New Reactors.''

DATES: The effective date of this Standard Review Plan update is March 
10, 2016.

ADDRESSES: Please refer to Docket ID NRC-2012-0232 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-2012-0232. 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 
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 19.0, Revision 3, ``Probabilistic 
Risk Assessment and Severe Accident Evaluation for New Reactors,'' is 
available in ADAMS under Accession No. ML15089A068. A redline strikeout 
comparing the proposed revision to the final revision can be found in 
ADAMS under Accession No. ML15089A115. The responses to public comments 
can be found in ADAMS under Accession No. ML15086A472.
     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, telephone: 301-415-3053, 
email: [email protected] or Nishka Devaser, telephone: 301-415-5196, 
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 December 8, 2014 (79 FR 72709), the NRC published for public 
comment a proposed revision to this section of the SRP. The staff made 
changes to the proposed revision after consideration of comments 
received. A summary of the comments and the staff's disposition of the 
comments are available in a separate document, ``Response to Public 
Comments on Draft SRP Section 19.0'' (ADAMS Accession No. ML15086A472).
    The changes to this SRP section reflect current staff review 
methods and practices based on lessons learned from NRC reviews of 
design certification (DC) and combined license (COL) applications 
completed since the last revision of this chapter. Changes include: (1) 
Incorporation of guidance previously published in Interim Staff 
Guidance (ISG) DC/COL-ISG-003 (ADAMS Accession No. ML081430087) 
concerning the review of probabilistic risk assessment (PRA) 
information and severe accident assessments submitted to support DC and 
COL applications, (2) incorporation of guidance for DC and COL 
applicants previously published in ISG DC/COL-ISG-020 (ADAMS Accession 
No. ML100491233) concerning review of information from PRA-based 
seismic margin analyses submitted in support of DC and COL 
applications, (3) incorporation of guidance previously published in ISG 
Digital Instrumentation and Controls (DI&C)/COL-ISG-003 (ADAMS 
Accession No. ML080570048) concerning review of DI&C system PRAs, 
including treatment of common cause failure (CCFs) in PRAs and 
uncertainty analysis associated with new reactor digital systems, (4) 
incorporation of additional procedures for review of PRA information 
and severe accident assessments developed during NRC reviews of DC and 
COL applications completed after Revision 2 of SRP Section 19.0 was 
issued, (5) additional proposed acceptance criteria and review 
procedures for the staff's review of an applicant's assessment of

[[Page 6898]]

risk from accidents that could affect multiple modules in facilities 
with small modular integral pressurized water reactors (iPWRs), (6) 
additional review procedures for the staff's review of the results of 
the PRA for non-power modes of operation, and (7) several editorial 
changes to ensure that there is no confusion between text in this SRP 
section and text in the ASME/ANS PRA Standard currently endorsed by the 
NRC and referenced in this SRP section. The ISG DC/COL-ISG-003 and ISG 
DI&C/COL-ISG-003 have now been superseded by SRP 19.0, Revision 3 and 
should no longer be used. The ISG DC/COL-ISG-020 contains guidance for 
COL holders which has not been superseded by SRP 19.0, Revision 3 and 
should still be used by COL holders.

II. Backfitting and Issue Finality

    Issuance of this final SRP does not constitute backfitting as 
defined in 10 CFR 50.109 (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, does 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 draft SRP to existing licenses and regulatory 
approvals. Hence, the issuance of a final SRP--even if considered 
guidance within the purview of the issue finality provisions in 10 CFR 
part 52--need not be evaluated as if it were a backfit or 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) and/or NRC regulatory 
approval (e.g., a design certification rule) with specified issue 
finality provisions.
    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 draft 
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 draft SRP 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.

III. 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 21st day of January, 2016.

    For the Nuclear Regulatory Commission.
Tanya Smith,
Chief, New Reactor Rulemaking and Guidance Branch, Division of Advanced 
Reactors and Rulemaking, Office of New Reactors.
[FR Doc. 2016-02564 Filed 2-8-16; 8:45 am]
BILLING CODE 7590-01-P

6898 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices

risk from accidents that could affect applicable here—protect current or ACTION: Notice.
multiple modules in facilities with future applicants.
small modular integral pressurized Applicants and potential applicants SUMMARY: This notice identifies
water reactors (iPWRs), (6) additional are not, with certain exceptions, Schedule A, B, and C appointing
review procedures for the staff’s review protected by either the Backfit Rule or authorities applicable to a single agency
of the results of the PRA for non-power any issue finality provisions under 10 that were established or revoked from
modes of operation, and (7) several CFR part 52. Neither the Backfit Rule November 1, 2015, to November 30,
editorial changes to ensure that there is nor the issue finality provisions under 2015.
no confusion between text in this SRP 10 CFR part 52, with certain exclusions, FOR FURTHER INFORMATION CONTACT:
section and text in the ASME/ANS PRA were intended to apply to every NRC Senior Executive Resources Services,
Standard currently endorsed by the NRC action that substantially changes the Senior Executive Services and
and referenced in this SRP section. The expectations of current and future Performance Management, Employee
ISG DC/COL–ISG–003 and ISG DI&C/ applicants. The exceptions to the Services, 202–606–2246.
COL–ISG–003 have now been general principle are applicable
superseded by SRP 19.0, Revision 3 and whenever an applicant references a 10 SUPPLEMENTARY INFORMATION: In
should no longer be used. The ISG DC/ CFR part 52 license (e.g., an early site accordance with 5 CFR 213.103,
COL–ISG–020 contains guidance for permit) and/or NRC regulatory approval Schedule A, B, and C appointing
COL holders which has not been (e.g., a design certification rule) with authorities available for use by all
superseded by SRP 19.0, Revision 3 and specified issue finality provisions. agencies are codified in the Code of
should still be used by COL holders. The exceptions to the general Federal Regulations (CFR). Schedule A,
principle are applicable whenever an B, and C appointing authorities
II. Backfitting and Issue Finality applicable to a single agency are not
applicant references a 10 CFR part 52
Issuance of this final SRP does not license (e.g., an early site permit) and/ codified in the CFR, but the Office of
constitute backfitting as defined in 10 or NRC regulatory approval (e.g., a Personnel Management (OPM)
CFR 50.109 (the Backfit Rule) or design certification rule) with specified publishes a notice of agency-specific
otherwise be inconsistent with the issue issue finality provisions. The NRC staff authorities established or revoked each
finality provisions in 10 CFR part 52. does not, at this time, intend to impose month in the Federal Register at
The NRC’s position is based upon the the positions represented in the draft www.gpo.gov/fdsys/. OPM also
following considerations: SRP in a manner that is inconsistent publishes an annual notice of the
1. The SRP positions, does not consolidated listing of all Schedule A,
with any issue finality provisions. If, in
constitute backfitting, inasmuch as the B, and C appointing authorities, current
the future, the staff seeks to impose a
SRP is internal guidance to NRC staff. as of June 30, in the Federal Register.
The SRP provides internal guidance position in the draft SRP in a manner
to the NRC staff on how to review an that does not provide issue finality as Schedule A
application for NRC regulatory approval described in the applicable issue finality
provision, then the staff must address 11. Department of Homeland Security
in the form of licensing. Changes in (Sch. A, 213.3111)
internal staff guidance are not matters the criteria for avoiding issue finality as
for which either nuclear power plant described in the applicable issue finality (d) General—
applicants or licensees are protected provision. (1) Not to exceed 1,000 positions to
under either the Backfit Rule or the III. Congressional Review Act perform cyber risk and strategic
issue finality provisions of 10 CFR part analysis, incident handling and
In accordance with the Congressional malware/vulnerability analysis, program
52.
2. The NRC staff has no intention to Review Act, the NRC has determined management, distributed control
impose the SRP positions on existing that this action is not a major rule and systems security, cyber incident
licensees either now or in the future. has verified this determination with the response, cyber exercise facilitation and
The NRC staff does not intend to Office of Information and Regulatory management, cyber vulnerability
impose or apply the positions described Affairs of the Office of Management and detection and assessment, network and
in the draft SRP to existing licenses and Budget. systems engineering, enterprise
regulatory approvals. Hence, the Dated at Rockville, Maryland, this 21st day architecture, intelligence analysis,
issuance of a final SRP—even if of January, 2016. investigation, investigative analysis and
considered guidance within the purview For the Nuclear Regulatory Commission. cyber-related infrastructure
of the issue finality provisions in 10 Tanya Smith, interdependency analysis requiring
CFR part 52—need not be evaluated as Chief, New Reactor Rulemaking and unique qualifications currently not
if it were a backfit or inconsistent with Guidance Branch, Division of Advanced established by OPM. Positions will be at
issue finality provisions. If, in the Reactors and Rulemaking, Office of New the General Schedule (GS) grade levels
future, the NRC staff seeks to impose a Reactors. 09–15. Appointments may be made
position in the SRP on holders of [FR Doc. 2016–02564 Filed 2–8–16; 8:45 am] under this authority until March 31,
already issued licenses in a manner that BILLING CODE 7590–01–P 2017.
does not provide issue finality as Schedule B
described in the applicable issue finality
provision, then the staff must make the No Schedule B Authorities to report
OFFICE OF PERSONNEL
mstockstill on DSK4VPTVN1PROD with NOTICES

showing as set forth in the Backfit Rule during November 2015.
MANAGEMENT
or address the criteria for avoiding issue Schedule C
finality as described in the applicable Excepted Service
issue finality provision. The following Schedule C appointing
3. Backfitting and issue finality do AGENCY:U.S. Office of Personnel authorities were approved during
not—with limited exceptions not Management (OPM). November 2015.

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Document Created: 2018-02-02 14:30:30
Document Modified: 2018-02-02 14:30:30

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; issuance.
Dates		The effective date of this Standard Review Plan update is March 10, 2016.
Contact		Mark Notich, telephone: 301-415-3053, email: [email protected] or Nishka Devaser, telephone: 301-415-5196, email: [email protected], both are staff of the Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001.
FR Citation		81 FR 6897