81 FR 71117 - Conduct of Operations
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 199 (October 14, 2016)
Federal Register Volume 81, Issue 199 (October 14, 2016)
| Page Range | 71117-71119 | |
| FR Document | 2016-24887 |
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)] [Notices] [Pages 71117-71119] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24887] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2012-0314; NRC-2013-0149; NRC-2014-0099; NRC-2014-0101] Conduct of Operations AGENCY: Nuclear Regulatory Commission. ACTION: Standard review plan--final section revision; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing final revisions to Section 13.6.4, ``Access Authorization--Operational Program;'' Section 13.7, ``Fitness-for-Duty;'' Section 13.7.1, ``Fitness-for-Duty--Operational Program;'' Section 13.7.2, ``Fitness for Duty--Construction;'' and Section 13.6.3, ``Physical Security-- Operational Program--Early Site Permits and Reactor Siting Criteria;'' of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.'' DATES: The effective date of these SRP section revisions is November 14, 2016. ADDRESSES: Please refer to Docket IDs NRC-2012-0314 for SRP Section 13.6.4, NRC-2013-0149 for SRP Sections 13.7 and 13.7.1, NRC-2014-0099 for SRP Section 13.7.2, and NRC-2014-0101 for SRP Section 13.6.3 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 IDs NRC-2012-0314 (for SRP Section 13.6.4), NRC-2013-0149 (for SRP Sections 13.7 and 13.7.1), NRC- 2014-0099 (for SRP Section 13.7.2), and NRC-2014-0101 (for SRP Section 13.6.3). 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 [[Page 71118]] 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 in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. For the convenience of the reader, the ADAMS accession numbers are provided in a table in the ``Availability of Documents'' section of this document. The NUREG-0800 is available on the NRC's public Web site at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/. 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: Mark 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 December 31, 2012 (77 FR 77117), the NRC published for public comment the proposed revision to Section 13.6.4, ``Access Authorization--Operational Program'' (ADAMS Accession No. ML12125A098). On July 16, 2013 (78 FR 42558), the NRC published for public comment the proposed revision to Section 13.7, ``Fitness-for-Duty;'' and Section 13.7.1, ``Fitness-for-Duty--Operational Program'' (ADAMS Accession Nos. ML113250516 and ML113250541, respectively). On May 5, 2014 (79 FR 25627), the NRC published for public comment the proposed revision to Section 13.6.3, ``Physical Security--Early Site Permit and Reactor Siting Criteria'' (ADAMS Accession No. ML13059A367). Also on May 5, 2014 (79 FR 25628), the NRC published for public comment the proposed revision to Section 13.7.2, ``Fitness-for-Duty--Construction'' (ADAMS Accession No. ML113270035). The NRC staff received comments on the proposed revision to SRP Section 13.6.4. A summary of the comments and the NRC staff's disposition of the comments are available in a separate document entitled, ``Response to Public Comments on Draft Standard Review Plan (SRP) 13.6.4: Access Authorization--Operational Program'' (ADAMS Accession No. ML13270A111). Therefore, the NRC is issuing this revised section of the SRP in final form for use. The NRC did not receive comments on the proposed revisions to SRP Sections 13.6.3, 13.7, 13.7.1, and 13.7.2. Therefore, the NRC is issuing these revised sections of the SRP in final form for use. There have been minor editorial changes to these sections since their issuance in proposed form for public comment. Details on the specific changes are included in the redline strikeout documents referenced in Section IV, ``Availability of Documents,'' of this document. 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 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 NRC 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 existing nuclear power plant licenses or regulatory approvals either now or in the future (absent a voluntary request for change from the licensee, holder of a regulatory approval, or a design certification applicant). 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--with limited exceptions not applicable here--do not 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 currently intend to impose the positions represented in these SRP sections 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 These SRP section revisions are 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. IV. Availability of Documents The documents identified in the following table are available to interested persons as indicated. [[Page 71119]] ---------------------------------------------------------------------------------------------------------------- Final revision Current draft Redline strikeout SRP section ADAMS accession revision ADAMS ADAMS accession No. accession No. No. ---------------------------------------------------------------------------------------------------------------- 13.6.3................................................. ML15061A471 ML13059A367 ML15226A059 13.6.4................................................. ML15226A009 ML12125A098 ML15111A201 13.7................................................... ML15111A091 ML113250516 ML15111A057 13.7.1................................................. ML15111A036 ML113250541 ML15226A098 13.7.2................................................. ML15111A034 ML113270035 ML15226A168 ---------------------------------------------------------------------------------------------------------------- Dated at Rockville, Maryland, this 6th day of October 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. 2016-24887 Filed 10-13-16; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices 71117
I. Background regulatory approvals. Hence, the For the Nuclear Regulatory Commission.
On May 27, 2015 (80 FR 30285), the issuance of this SRP—even if Joseph Colaccino,
NRC published for public comment a considered guidance within the purview Chief, New Reactor Rulemaking and
proposed revision of Section 2.0, ‘‘Site of the issue finality provisions in 10 Guidance Branch, Division of Engineering,
Characteristics and Site Parameters’’ of CFR part 52—does not need to be Infrastruture and Advanced Reactors, Office
NUREG–0800, ‘‘Standard Review Plan evaluated as if it were a backfit or as of New Reactors.
(SRP) for the Review of Safety Analysis being inconsistent with issue finality [FR Doc. 2016–24859 Filed 10–13–16; 8:45 am]
Reports for Nuclear Power Plants: LWR provisions. If, in the future, the NRC BILLING CODE 7590–01–P
Edition.’’ The staff received comments staff seeks to impose a position in the
on the draft section. After consideration SRP on holders of already issued
of comments received on the proposed licenses in a manner that does not NUCLEAR REGULATORY
revision, the NRC staff reformatted provide issue finality as described in the COMMISSION
guidance for the review of nonsafety- applicable issue finality provision, then [NRC–2012–0314; NRC–2013–0149; NRC–
related structures, systems, and the staff must make the showing as set 2014–0099; NRC–2014–0101]
components (SSCs) into a tabular forth in the Backfit Rule or address the
format, and separated it from the core criteria for avoiding issue finality as Conduct of Operations
review guidance used for review of described in the applicable issue finality AGENCY: Nuclear Regulatory
safety-related SSCs. A summary of provision. Commission.
comments received and the staff’s
disposition of the comments are 3. Backfitting and issue finality do ACTION: Standard review plan—final
available in a separate document not—with limited exceptions not section revision; issuance.
entitled, ‘‘Response to Public Comments applicable here—protect current or
future applicants. SUMMARY: The U.S. Nuclear Regulatory
on Draft Standard Review Plan, Section Commission (NRC) is issuing final
2, ‘Site Characteristics and Site Applicants and potential applicants revisions to Section 13.6.4, ‘‘Access
Parameters’’’ (ADAMS Accession No. are not, with certain exceptions, Authorization—Operational Program;’’
ML15279A093). protected by either the Backfit Rule or Section 13.7, ‘‘Fitness-for-Duty;’’
II. Backfitting and Issue Finality any issue finality provisions under 10 Section 13.7.1, ‘‘Fitness-for-Duty—
CFR part 52. Neither the Backfit Rule Operational Program;’’ Section 13.7.2,
Section 2 provides guidance to the nor the issue finality provisions under ‘‘Fitness for Duty—Construction;’’ and
staff for reviewing applications for a 10 CFR part 52—with certain Section 13.6.3, ‘‘Physical Security—
construction permit and an operating
exclusions—were intended to apply to Operational Program—Early Site
license under part 50 of title 10 of the
every NRC action that substantially Permits and Reactor Siting Criteria;’’ of
Code of Federal Regulations (10 CFR)
changes the expectations of current and NUREG–0800, ‘‘Standard Review Plan
with respect to systems associated with
future applicants. for the Review of Safety Analysis
site characteristics and site parameters.
The exceptions to the general Reports for Nuclear Power Plants: LWR
SRP Section 2 also provides guidance
principle are applicable whenever an Edition.’’
for reviewing an application for a
standard design approval, a standard applicant references a 10 CFR part 52 DATES: The effective date of these SRP
design certification, a combined license, license (e.g., an early site permit) or section revisions is November 14, 2016.
and a manufacturing license under 10 NRC regulatory approval (e.g., a design ADDRESSES: Please refer to Docket IDs
CFR part 52 with respect to the same certification rule) with specified issue NRC–2012–0314 for SRP Section 13.6.4,
subject matters. finality provisions. The NRC staff does NRC–2013–0149 for SRP Sections 13.7
Issuance of this SRP section revision not, at this time, intend to impose the and 13.7.1, NRC–2014–0099 for SRP
does not constitute backfitting as positions represented in the SRP in a Section 13.7.2, and NRC–2014–0101 for
defined in 10 CFR 50.109 (the Backfit manner that is inconsistent with any SRP Section 13.6.3 when contacting the
Rule) nor is it inconsistent with the issue finality provisions. If, in the NRC about the availability of
issue finality provisions in 10 CFR part future, the staff seeks to impose a information regarding this document.
52. The NRC’s position is based upon You may obtain publicly-available
position in the SRP section in a manner
the following considerations. information related to this document
that does not provide issue finality as
1. The SRP positions would not using any of the following methods:
described in the applicable issue finality
constitute backfitting, inasmuch as the • Federal Rulemaking Web site: Go to
provision, then the staff must address http://www.regulations.gov and search
SRP is internal guidance to NRC staff.
The SRP provides internal guidance the criteria for avoiding issue finality as for Docket IDs NRC–2012–0314 (for SRP
to the NRC staff on how to review an described in the applicable issue finality Section 13.6.4), NRC–2013–0149 (for
application for NRC regulatory approval provision. SRP Sections 13.7 and 13.7.1), NRC–
in the form of licensing. Changes in III. Congressional Review Act 2014–0099 (for SRP Section 13.7.2), and
internal staff guidance are not matters NRC–2014–0101 (for SRP Section
for which either nuclear power plant This action is a rule as defined in the 13.6.3). Address questions about NRC
applicants or licensees are protected Congressional Review Act (5 U.S.C. dockets to Carol Gallagher; telephone:
under either the Backfit Rule or the 801–808). However, the Office of 301–415–3463; email: Carol.Gallagher@
issue finality provisions of 10 CFR part Management and Budget has not found nrc.gov. For technical questions, contact
rmajette on DSK2TPTVN1PROD with NOTICES
52. it to be a major rule as defined in the the individuals listed in the FOR
2. The NRC staff has no intention to Congressional Review Act. FURTHER INFORMATION CONTACT section of
impose the SRP positions on existing this document.
Dated at Rockville, Maryland, this 11th day
licensees either now or in the future. • NRC’s Agencywide Documents
of October 2016.
The NRC staff does not intend to Access and Management System
impose or apply the positions described (ADAMS): You may obtain publicly-
in the SRP to existing licenses and available documents online in the
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![Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices 71119
Final revision Current draft Redline strikeout
SRP section ADAMS accession revision ADAMS ADAMS accession
No. accession No. No.
13.6.3 ......................................................................................................................... ML15061A471 ML13059A367 ML15226A059
13.6.4 ......................................................................................................................... ML15226A009 ML12125A098 ML15111A201
13.7 ............................................................................................................................ ML15111A091 ML113250516 ML15111A057
13.7.1 ......................................................................................................................... ML15111A036 ML113250541 ML15226A098
13.7.2 ......................................................................................................................... ML15111A034 ML113270035 ML15226A168
Dated at Rockville, Maryland, this 6th day • Federal Rulemaking Web site: Go to For the Nuclear Regulatory Commission.
of October 2016. http://www.regulations.gov and search Kriss M. Kennedy,
For the Nuclear Regulatory Commission. for Docket ID NRC–2016–0211. Address Regional Administrator.
Joseph Colaccino, questions about NRC dockets to Carol
ATTACHMENT—CONFIRMATORY ORDER
Chief, New Reactor Rulemaking and Gallagher; telephone: 301–415–3463; MODIFYING LICENSE
Guidance Branch, Division of Engineering, email: Carol.Gallagher@nrc.gov. For
Infrastructure, and Advanced Reactors, Office questions about the Order, contact the UNITED STATES OF AMERICA
of New Reactors.
individual listed in the FOR FURTHER NUCLEAR REGULATORY COMMISSION
[FR Doc. 2016–24887 Filed 10–13–16; 8:45 am]
INFORMATION CONTACT section of this In the Matter of Power Resources, Inc.
BILLING CODE 7590–01–P
document.
[Docket No. 040–08964; License No. SUA–
• NRC’s Agencywide Documents 1548]
NUCLEAR REGULATORY Access and Management System
EA–16–051
COMMISSION (ADAMS): You may obtain publicly-
available documents online in the CONFIRMATORY ORDER MODIFYING
ADAMS Public Documents collection at LICENSE
[Docket No. 040–08964; License No. SUA–
1548; EA–16–051; NRC–2016–0211] http://www.nrc.gov/reading-rm/ (EFFECTIVE UPON ISSUANCE)
adams.html. To begin the search, select
In the Matter of Power Resources, Inc. I
‘‘ADAMS Public Documents’’ and then
Power Resources, Inc. (PRI or Licensee), is
AGENCY: Nuclear Regulatory select ‘‘Begin Web-based ADAMS
the holder of Source Material License SUA–
Commission. Search.’’ For problems with ADAMS, 1548 issued on May 8, 2001, by the U.S.
please contact the NRC’s Public Nuclear Regulatory Commission (NRC or
ACTION: Confirmatory order; issuance.
Document Room (PDR) reference staff at Commission) pursuant to Part 40 of Title 10
SUMMARY: The U.S. Nuclear Regulatory 1–800–397–4209, 301–415–4737, or by of the Code of Federal Regulations (10 CFR).
email to pdr.resource@nrc.gov. The The license authorizes the operation of PRI’s
Commission (NRC) is issuing a
North Butte satellite facility in accordance
confirmatory order to Power Resources, ADAMS accession number for each
with conditions specified therein. The
Inc., confirming agreements reached in document referenced (if it is available in facility is located on the licensee’s site in
an alternative dispute resolution ADAMS) is provided the first time that Campbell County, Wyoming.
mediation session held on September it is mentioned in this document. This Confirmatory Order is the result of an
22, 2016. As part of the agreement, agreement reached during an alternative
• NRC’s PDR: You may examine and
Power Resources, Inc., will conduct dispute resolution (ADR) mediation session
purchase copies of public documents at conducted on September 22, 2016.
annual meetings among key the NRC’s PDR, Room O1–F21, One
management, radiation safety officer, White Flint North, 11555 Rockville II
facility managers, and other appropriate On June 27, 2014, the NRC’s Office of
Pike, Rockville, Maryland 20852.
technical personnel to provide Investigations (OI), initiated an investigation
assurance that management understands FOR FURTHER INFORMATION CONTACT: John (OI Case No. 4–2014–034) at PRI’s North
the requirements of a radiation Kramer, Region IV, U.S. Nuclear Butte satellite facility. Based on the evidence
protection program are being met; will Regulatory Commission, 1600 E. Lamar developed during its investigation, the NRC
provide training which will emphasize identified apparent violations of 10 CFR
Blvd., Arlington, TX 76011–4511;
the importance of complete and 20.1501, ‘‘Surveys and Monitoring—
telephone: 817–200–1121; email: General,’’ and 10 CFR 40.9, ‘‘Completeness
accurate information for all required John.Kramer@nrc.gov. and accuracy of information,’’ as well as, two
records, correspondence, and apparent violations of License Condition 9.3
communications with the NRC and its SUPPLEMENTARY INFORMATION: The text of of License SUA 1548, Amendment 18, dated
staff; and will have a qualified member the Order is attached. March 27, 2013, which includes the
of the heath physics staff available at Dated at Arlington, Texas, this 30th day of requirement that the licensee conduct its
any of its facilities when equipment is September 2016. operations in accordance with Volume 1,
being released from a radiologically- Chapter 9, ‘‘Management Control
controlled are to an unrestricted area. Procedures,’’ of the licensee’s application
dated May 6, 2003, as amended based on
DATES: The confirmatory order was letter dated March 20, 2008. In addition,
issued on September 30, 2016. based on OI’s investigative results, the NRC
rmajette on DSK2TPTVN1PROD with NOTICES
ADDRESSES: Please refer to Docket ID is concerned that willfulness may be
NRC–2016–0211 when contacting the associated with the apparent violation
involving the failure to maintain accurate
NRC about the availability of records of contamination exit surveys. By
information regarding this document. letter dated August 24, 2016, the NRC
You may obtain publicly-available notified PRI of the results of the investigation
information related to this document and provided an opportunity to: (1) Provide
using any of the following methods: a response in writing, (2) attend a
VerDate Sep<11>2014 14:29 Oct 13, 2016 Jkt 241001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\14OCN1.SGM 14OCN1](https://thefederalregister.org/doc/81_FR_71316/page/3.svg)
Document Created: 2016-10-14 00:01:24
Document Modified: 2016-10-14 00:01:24
| 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 these SRP section revisions is November 14, 2016. | |
| Contact | Mark 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 71117 |
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