81 FR 94430 - Design of Structures, Components, Equipment, and Systems, and Reactor Coolant System and Connected Systems Guidance
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 247 (December 23, 2016)
Federal Register Volume 81, Issue 247 (December 23, 2016)
| Page Range | 94430-94431 | |
| FR Document | 2016-30908 |
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)] [Notices] [Pages 94430-94431] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30908] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2015-0198] Design of Structures, Components, Equipment, and Systems, and Reactor Coolant System and Connected Systems Guidance AGENCY: Nuclear Regulatory Commission. ACTION: Standard review plan-final section revision; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to several sections in Chapter 3, ``Design of Structures, Components, Equipment, and Systems Reactor Coolant System and Connected Systems,'' and Chapter 5, ``Reactor Coolant System and Connected Systems,'' of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.'' The revisions to these standard review plan (SRP) sections reflect no changes in staff position; rather they clarify the original intent of these SRP sections using plain language throughout in accordance with the NRC's Plain Writing Action Plan. Additionally, these revisions reflect operating experience, lessons learned, and the inclusion of updated guidance since the last revision, and address the applicability of regulatory treatment of non-safety systems where appropriate. The staff also deleted text in one of the Chapter 5 SRPs, as the text contained guidance that was included in other SRPs and, therefore, does not constitute removal of guidance and added several references to updated standards and guidance. DATES: The effective date of this Standard Review Plan (SRP) update is January 23, 2017. ADDRESSES: Please refer to Docket ID NRC-2015-0198 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-2015-0198. 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]. 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. FOR FURTHER INFORMATION CONTACT: Mark Notich, Office of New Reactors, telephone: 301-415-3053; email: [email protected]; or Nishka Devaser, Office of New Reactors, telephone: 301-415-5196; email: [email protected]; both staff at U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: I. Background A summary of the comments and the NRC staff's disposition of the comments are available in a separate document, ``Response to Public Comments on Draft Standard Review Plan Sections from Chapters 3 and 5: Design of Structures, Components, Equipment, and Systems, and Reactor Coolant System and [[Page 94431]] Connected Systems'' (ADAMS Accession No. ML16088A345). The Office of New Reactors and the Office of Nuclear Reactor Regulation are revising these sections from their current revisions. Details of specific changes in the proposed revisions are included at the end of each of the proposed sections. The changes to these SRP sections reflect current NRC staff 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 Finality Provisions 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 staff on how to review an application for the 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 current licensees and regulatory approvals 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 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 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 which 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 This action 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. IV. Availability of Documents The ADAMS accession numbers revised sections are available in ADAMS under the accession numbers in the table below. ------------------------------------------------------------------------ ADAMS Document accession No.* ------------------------------------------------------------------------ Section 3.6.2, ``Determination of Rupture Locations and ML16088A041 Dynamic Effects Associated with the Postulated Rupture of Piping,'' Revision 3................................ Section 3.9.1, ``Special Topics for Mechanical ML16088A068 Components,'' Revision 4............................... Section 3.10, ``Seismic and Dynamic Qualification of ML16088A101 Mechanical and Electrical Equipment,'' Revision 4...... Section 5.2.1.1, ``Compliance with the Codes and ML16088A127 Standards Rule, 10 CFR 50.55a,'' Revision 4............ Section 5.2.1.2, ``Applicable Code Cases,'' Revision 4.. ML16088A219 Branch Technical Position 3-4, ``Postulated Rupture ML16085A315 Locations in Fluid System Piping Inside and Outside Containment,'' Revision 3.............................. ------------------------------------------------------------------------ * See documents in the package at ADAMS Accession Number ML16083A387 to see changes made since last revision. Dated at Rockville, Maryland, this 19th day of December, 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. 2016-30908 Filed 12-22-16; 8:45 am] BILLING CODE 7590-01-P
![94430 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices
want to be publicly disclosed in your 9. An estimate of the total number of SRPs and, therefore, does not constitute
comment submission. All comment hours needed annually to comply with removal of guidance and added several
submissions are posted at http:// the information collection requirement references to updated standards and
www.regulations.gov and entered into or request: Each form requires, on guidance.
ADAMS. Comment submissions are not average, approximately 0.5 hours to DATES: The effective date of this
routinely edited to remove identifying prepare. 136 × 0.5 hour = a total annual Standard Review Plan (SRP) update is
or contact information. burden for all respondents of 68 hours. January 23, 2017.
If you are requesting or aggregating 10. Abstract: The NRC Form 314
comments from other persons for furnishes information to the NRC ADDRESSES: Please refer to Docket ID
submission to the OMB, then you regarding transfer or other disposition of NRC–2015–0198 when contacting the
should inform those persons not to radioactive material by licensees who NRC about the availability of
include identifying or contact wish to terminate their licenses. The information regarding this document.
information that they do not want to be information is used by the NRC as part You may obtain publicly-available
publicly disclosed in their comment of the basis for its determination that the information related to this document
submission. Your request should state facility has been cleared of radioactive using any of the following methods:
that comment submissions are not material before the facility is released • Federal Rulemaking Web site: Go to
routinely edited to remove such for unrestricted use. http://www.regulations.gov and search
information before making the comment for Docket ID NRC–2015–0198. Address
Dated at Rockville, Maryland, this 19th day
submissions available to the public or questions about NRC dockets to Carol
of December 2016.
entering the comment into ADAMS. Gallagher; telephone: 301–415–3463;
For the Nuclear Regulatory Commission.
email: Carol.Gallagher@nrc.gov. For
II. Background David Cullison, technical questions, contact the
NRC Clearance Officer, Office of the Chief individuals listed in the FOR FURTHER
Under the provisions of the Information Officer.
Paperwork Reduction Act of 1995 (44 INFORMATION CONTACT section of this
[FR Doc. 2016–30909 Filed 12–22–16; 8:45 am] document.
U.S.C. Chapter 35), the NRC recently
submitted a request for renewal of an BILLING CODE 7590–01–P • NRC’s Agencywide Documents
existing collection of information to Access and Management System
OMB for review entitled, ‘‘NRC Form (ADAMS): You may obtain publicly
NUCLEAR REGULATORY available documents online in the
314, Certification of Disposition of
COMMISSION ADAMS Public Documents collection at
Material.’’ The NRC hereby informs
potential respondents that an agency [NRC–2015–0198] http://www.nrc.gov/reading-rm/
may not conduct or sponsor, and that a adams.html. To begin the search, select
person is not required to respond to, a Design of Structures, Components, ‘‘ADAMS Public Documents’’ and then
collection of information unless it Equipment, and Systems, and Reactor select ‘‘Begin Web-based ADAMS
displays a currently valid OMB control Coolant System and Connected Search.’’ For problems with ADAMS,
number. Systems Guidance please contact the NRC’s Public
The NRC published a Federal Document Room (PDR) reference staff at
AGENCY: Nuclear Regulatory
Register notice with a 60-day comment 1–800–397–4209, 301–415–4737, or by
Commission.
period on this information collection on email to pdr.resource@nrc.gov. For the
ACTION: Standard review plan-final convenience of the reader, the ADAMS
July 19, 2016 (81 FR 46972).
section revision; issuance. accession numbers are provided in a
1. The title of the information
collection: NRC Form 314 Certification SUMMARY: The U.S. Nuclear Regulatory table in the ‘‘Availability of Documents’’
of Disposition of Material. Commission (NRC) is issuing a final section of this document.
2. OMB approval number: 3150–0028. revision to several sections in Chapter 3, • NRC’s PDR: You may examine and
3. Type of submission: Extension. ‘‘Design of Structures, Components, purchase copies of public documents at
4. The form number if applicable: Equipment, and Systems Reactor the NRC’s PDR, Room O1–F21, One
NRC Form 314. Coolant System and Connected White Flint North, 11555 Rockville
5. How often the collection is required Systems,’’ and Chapter 5, ‘‘Reactor Pike, Rockville, Maryland 20852.
or requested: NRC Form 314 is Coolant System and Connected FOR FURTHER INFORMATION CONTACT:
submitted by materials licensee who Systems,’’ of NUREG–0800, ‘‘Standard Mark Notich, Office of New Reactors,
wishes to terminate its license. The form Review Plan for the Review of Safety telephone: 301–415–3053; email:
provides information needed by the Analysis Reports for Nuclear Power Mark.Notich@nrc.gov; or Nishka
NRC to determine whether the licensee Plants: LWR Edition.’’ The revisions to Devaser, Office of New Reactors,
has radioactive materials on hand which these standard review plan (SRP) telephone: 301–415–5196; email:
must be transferred or otherwise sections reflect no changes in staff Nishka.Devaser@nrc.gov; both staff at
disposed of prior to expiration or position; rather they clarify the original U.S. Nuclear Regulatory Commission,
termination of the license. intent of these SRP sections using plain Washington, DC 20555–0001.
6. Who will be required or asked to language throughout in accordance with SUPPLEMENTARY INFORMATION:
respond: Respondents are firms, the NRC’s Plain Writing Action Plan.
institutions, and individual holding Additionally, these revisions reflect I. Background
NRC licenses to possess and use operating experience, lessons learned, A summary of the comments and the
mstockstill on DSK3G9T082PROD with NOTICES
radioactive materials who do not wish and the inclusion of updated guidance NRC staff’s disposition of the comments
who do not wish to renew those since the last revision, and address the are available in a separate document,
licenses. applicability of regulatory treatment of ‘‘Response to Public Comments on Draft
7. The estimated number of annual non-safety systems where appropriate. Standard Review Plan Sections from
responses: 136 responses. The staff also deleted text in one of the Chapters 3 and 5: Design of Structures,
8. The estimated number of annual Chapter 5 SRPs, as the text contained Components, Equipment, and Systems,
respondents: 136 respondents. guidance that was included in other and Reactor Coolant System and
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![Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices 94431
Connected Systems’’ (ADAMS Backfit Rule or the issue finality certain exclusions discussed in the next
Accession No. ML16088A345). provisions of 10 CFR part 52. paragraph—were intended to apply to
The Office of New Reactors and the 2. The NRC staff has no intention to every NRC action which substantially
Office of Nuclear Reactor Regulation are impose the SRP positions on current changes the expectations of current and
revising these sections from their licensees and regulatory approvals future applicants.
current revisions. Details of specific either now or in the future. The exceptions to the general
changes in the proposed revisions are The staff does not intend to impose or principle are applicable whenever an
included at the end of each of the apply the positions described in the SRP applicant references a 10 CFR part 52
proposed sections. to existing (already issued) licenses and license (e.g., an early site permit) and/
The changes to these SRP sections regulatory approvals. Therefore, the or NRC regulatory approval (e.g., a
reflect current NRC staff review issuance of a final SRP—even if design certification rule) with specified
methods and practices based on lessons considered guidance that is within the issue finality provisions. The staff does
learned from the NRC’s reviews of purview of the issue finality provisions not, at this time, intend to impose the
design certification and combined in 10 CFR part 52—need not be positions represented in the SRP in a
license applications completed since the evaluated as if it were a backfit or as manner that is inconsistent with any
last revision of this chapter. being inconsistent with issue finality issue finality provisions. If, in the
II. Backfitting and Finality Provisions provisions. If, in the future, the staff future, the staff seeks to impose a
Issuance of these revised SRP sections seeks to impose a position in the SRP on position in the SRP in a manner which
does not constitute backfitting as holders of already issued licenses in a does not provide issue finality as
defined in § 50.109 of title 10 of the manner which does not provide issue described in the applicable issue finality
Code of Federal Regulations (10 CFR), finality as described in the applicable provision, then the staff must address
‘‘Backfitting,’’ (the Backfit Rule) or issue finality provision, then the staff the criteria for avoiding issue finality as
otherwise be inconsistent with the issue must make the showing as set forth in described in the applicable issue finality
finality provisions in 10 CFR part 52. the Backfit Rule or address the criteria provision.
The NRC’s position is based upon the for avoiding issue finality as described
III. Congressional Review Act
following considerations. in the applicable issue finality
1. The SRP positions do not constitute provision. This action is a rule as defined in the
backfitting, inasmuch as the SRP is 3. Backfitting and issue finality do Congressional Review Act (5 U.S.C.
internal guidance directed at the NRC not—with limited exceptions not 801–808). However, the Office of
staff with respect to their regulatory applicable here—protect current or Management and Budget has not found
responsibilities. future applicants. it to be a major rule as defined in the
The SRP provides guidance to the Applicants and potential applicants Congressional Review Act.
staff on how to review an application for are not, with certain exceptions, IV. Availability of Documents
the NRC’s regulatory approval in the protected by either the Backfit Rule or
form of licensing. Changes in internal any issue finality provisions under 10 The ADAMS accession numbers
staff guidance are not matters for which CFR part 52. This is because neither the revised sections are available in
either nuclear power plant applicants or Backfit Rule nor the issue finality ADAMS under the accession numbers
licensees are protected under either the provisions under 10 CFR part 52—with in the table below.
ADAMS
Document accession No.*
Section 3.6.2, ‘‘Determination of Rupture Locations and Dynamic Effects Associated with the Postulated Rupture of Piping,’’ Re-
vision 3 ............................................................................................................................................................................................. ML16088A041
Section 3.9.1, ‘‘Special Topics for Mechanical Components,’’ Revision 4 ......................................................................................... ML16088A068
Section 3.10, ‘‘Seismic and Dynamic Qualification of Mechanical and Electrical Equipment,’’ Revision 4 ....................................... ML16088A101
Section 5.2.1.1, ‘‘Compliance with the Codes and Standards Rule, 10 CFR 50.55a,’’ Revision 4 ................................................... ML16088A127
Section 5.2.1.2, ‘‘Applicable Code Cases,’’ Revision 4 ...................................................................................................................... ML16088A219
Branch Technical Position 3–4, ‘‘Postulated Rupture Locations in Fluid System Piping Inside and Outside Containment,’’ Revi-
sion 3 ................................................................................................................................................................................................ ML16085A315
* See documents in the package at ADAMS Accession Number ML16083A387 to see changes made since last revision.
Dated at Rockville, Maryland, this 19th day NUCLEAR REGULATORY in an Independent Spent Fuel Storage
of December, 2016. COMMISSION Installation.’’ This proposed revision
For the Nuclear Regulatory Commission. (Revision 2) to RG 3.54 provides
[NRC–2016–0268]
Joseph Colaccino, methods acceptable to the Nuclear
Chief, New Reactor Rulemaking and Spent Fuel Heat Generation in an Regulatory Commission (NRC) staff for
Guidance Branch, Division of Engineering, Independent Spent Fuel Storage calculating spent nuclear fuel heat
Infrastructure, and Advanced Reactors, Office Installation generation rates for use for an
of New Reactors. independent spent fuel storage
[FR Doc. 2016–30908 Filed 12–22–16; 8:45 am]
AGENCY: Nuclear Regulatory installation (ISFSI).
mstockstill on DSK3G9T082PROD with NOTICES
Commission.
BILLING CODE 7590–01–P
ACTION: Draft regulatory guide; request
DATES: Submit comments by February
for comment. 21, 2017. Comments received after this
date will be considered if it is practical
SUMMARY: The U.S. Nuclear Regulatory to do so, but the NRC is able to ensure
Commission (NRC) is issuing for public consideration only for comments
comment draft regulatory guide (DG), received on or before this date.
DG–3050, ‘‘Spent Fuel Heat Generation Although a time limit is given,
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Document Created: 2016-12-23 12:29:48
Document Modified: 2016-12-23 12:29:48
| 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 (SRP) update is January 23, 2017. | |
| Contact | Mark Notich, Office of New Reactors, telephone: 301-415-3053; email: [email protected]; or Nishka Devaser, Office of New Reactors, telephone: 301-415-5196; email: [email protected]; both staff at U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 81 FR 94430 |
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