81 FR 94431 - Spent Fuel Heat Generation in an Independent Spent Fuel Storage Installation
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 247 (December 23, 2016)
Federal Register Volume 81, Issue 247 (December 23, 2016)
| Page Range | 94431-94433 | |
| FR Document | 2016-30896 |
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)] [Notices] [Pages 94431-94433] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30896] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2016-0268] Spent Fuel Heat Generation in an Independent Spent Fuel Storage Installation AGENCY: Nuclear Regulatory Commission. ACTION: Draft regulatory guide; request for comment. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG), DG-3050, ``Spent Fuel Heat Generation in an Independent Spent Fuel Storage Installation.'' This proposed revision (Revision 2) to RG 3.54 provides methods acceptable to the Nuclear Regulatory Commission (NRC) staff for calculating spent nuclear fuel heat generation rates for use for an independent spent fuel storage installation (ISFSI). DATES: Submit comments by February 21, 2017. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, [[Page 94432]] comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time. ADDRESSES: You may submit comments by any of the following methods:Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0268. 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. Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN-12H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. For additional direction on accessing information and submitting comments, see ``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Alexis Sotomayor-Rivera, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-7265; email: [email protected] and Harriet Karagiannis, Office of Nuclear Regulatory Research, telephone: 301-415-2493 or email: [email protected], U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2016-0268 when contacting the NRC about the availability of information regarding this document. You may obtain publically-available information related to this document, by any of the following methods: Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0268. 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 available in ADAMS) is provided the first time that a document is referenced. The DG is electronically available in ADAMS under Accession No. ML16139A215. 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. B. Submitting Comments Please include Docket ID NRC-2016-0268 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Additional Information The NRC is issuing for public comment a DG in the NRC's ``Regulatory Guide'' series. This series was developed to describe and make available to the public information regarding methods that are acceptable to the NRC staff for implementing specific parts of the NRC's regulations, techniques that the staff uses in evaluating specific issues or postulated events, and data that the staff needs in its review of applications for permits and licenses. The DG, entitled, ``Spent Fuel Heat Generation in an Independent Spent Fuel Storage Installation,'' is temporarily identified by its task number, DG-3050. Draft Guide-3050 is proposed Revision 2 to Regulatory Guide (RG) 3.54, dated January 1999. This revision (Revision 2) presents an up-to-date methodology for determining heat generation rates for both PWR and BWR fuel and provides greater flexibility (less restrictions) than the previous revision. It allows loading of higher burnup fuel by using more accurate methods for decay heat calculations by covering a wider range of fuel characteristics, including operating history. III. Backfitting and Issue Finality This draft regulatory guide, if finalized, would provide guidance to general and specific NRC part 72 licensees with respect to determining heat generation rates for spent fuel. Issuance of this draft regulatory guide, if finalized, would not constitute backfitting as defined in in section 72.62(a) of title 10 of the Code of Federal Regulations (10 CFR), which is applicable to ISFSIs. Issuance of the draft regulatory guide, if finalized, would also not constitute backfitting under 10 CFR 50.109, or otherwise be inconsistent with the issue finality provisions in 10 CFR part 52. The staff's position is based upon the following considerations. 1. The draft regulatory guide positions, if finalized, describe a methodology acceptable to the NRC staff, and expressly states that current licensees may continue to use guidance the NRC found acceptable for complying with the identified regulations as long as the licensee does not initiate, as a voluntary matter, a change to its current licensing basis. Therefore, the guidance, if finalized, would not constitute backfitting as defined in 10 CFR 72.62(a). 2. The NRC has no intention of imposing the positions in the draft regulatory guide on existing ISFSI or nuclear power plant licenses either now or in the future (absent a voluntary request for change from the licensee). 3. The matters addressed in the regulatory guide apply equally to both specific licensees under part 72 as well as general licensees under who hold ISFSI licensees by virtue of their status as holders of part 50 operating licenses or as holders of part 52 combined licenses. 4. 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 the backfitting provisions in 10 CFR 72.62. This is because the backfitting provisions in Part 72 were not intended to apply to every NRC action which substantially changes the expectations of current and future applicants. Dated at Rockville, Maryland, this 19th day of December, 2016. [[Page 94433]] For the Nuclear Regulatory Commission. Thomas H. Boyce, Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2016-30896 Filed 12-22-16; 8:45 am] BILLING CODE 7590-01-P
![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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![Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices 94433
For the Nuclear Regulatory Commission. OWFN–12H08, U.S. Nuclear Regulatory If you are requesting or aggregating
Thomas H. Boyce, Commission, Washington, DC 20555– comments from other persons for
Chief, Regulatory Guidance and Generic 0001. submission to the NRC, then you should
Issues Branch, Division of Engineering, Office For additional direction on accessing inform those persons not to include
of Nuclear Regulatory Research. information and submitting comments, identifying or contact information that
[FR Doc. 2016–30896 Filed 12–22–16; 8:45 am] see ‘‘Obtaining Information and they do not want to be publicly
BILLING CODE 7590–01–P Submitting Comments’’ in the disclosed in their comment submission.
SUPPLEMENTARY INFORMATION section of Your request should state that the NRC
this document. does not routinely edit comment
NUCLEAR REGULATORY FOR FURTHER INFORMATION CONTACT: submissions to remove such information
COMMISSION Thomas Weaver, telephone: 301–415– before making the comment
2383, email: Thomas.Weaver@nrc.gov; submissions available to the public or
[NRC–2016–0224]
and Edward O’Donnell, telephone: 301– entering the comment submissions into
Restart of a Nuclear Power Plant Shut 415–3317, email: Edward.ODonnell@ ADAMS.
Down by a Seismic Event nrc.gov. Both are staff of the Office of II. Additional Information
Nuclear Regulatory Research, U.S.
AGENCY: Nuclear Regulatory Nuclear Regulatory Commission, The NRC is issuing for public
Commission. Washington, DC 20555–0001. comment a DG in the NRC’s ‘‘Regulatory
ACTION: Draft regulatory guide; Guide’’ series. This series was
SUPPLEMENTARY INFORMATION:
extension of comment period. developed to describe and make
I. Obtaining Information and available to the public information
SUMMARY: On November 3, 2016, the Submitting Comments regarding methods that are acceptable to
U.S. Nuclear Regulatory Commission the NRC staff for implementing specific
(NRC) issued for public comment draft A. Obtaining Information parts of the NRC’s regulations,
regulatory guide (DG) DG–1337, ‘‘Restart Please refer to Docket ID: NRC–2016– techniques that the staff uses in
of a Nuclear Power Plant Shut Down by 0224 when contacting the NRC about evaluating specific issues or postulated
a Seismic Event,’’ in the Federal the availability of information regarding events, and data that the staff needs in
Register for a 60-day public comment this action. You may obtain publically- its review of applications for permits
period which ends on January 3, 2017. available information related to this and licenses. The DG, entitled ‘‘Restart
The NRC is extending the public action, by any of the following methods: of a Nuclear Power Plant Shut Down by
comment period to February 28, 2017, • Federal Rulemaking Web site: Go to a Seismic Event,’’ is a proposed revised
recognizing the potential for http://www.regulations.gov and search guide temporarily identified by its task
unavailability of people during the for Docket ID: NRC–2016–0224. number, DG–1337. The proposed
holiday period. The guide describes • NRC’s Agencywide Documents revision of RG 1.167 describes methods
methods acceptable to the NRC staff that Access and Management System acceptable to the NRC staff that can be
can be used to demonstrate that a (ADAMS): You may obtain publicly used to demonstrate that a nuclear
nuclear power plant is safe for restarting available documents online in the power plant is safe for restarting after a
after a shutdown caused by a seismic ADAMS Public Documents collection at shutdown caused by a seismic event. It
event. http://www.nrc.gov/reading-rm/ incorporates lessons learned following
adams.html. To begin the search, select the shutdown of nuclear power plants
DATES: Submit comments by February ‘‘ADAMS Public Documents’’ and then due to earthquake ground shaking and
28, 2017. Comments received after this select ‘‘Begin Web-based ADAMS post-earthquake evaluations since
date will be considered if it is practical Search.’’ For problems with ADAMS, Revision 0 was issued in 1997. They
to do so, but the NRC is able to ensure please contact the NRC’s Public include experience gained through the
consideration only for comments Document Room (PDR) reference staff at shutdown and restart process of the
received on or before this date. 1–800–397–4209, 301–415–4737, or by North Anna nuclear power plant
Although a time limit is given, email to pdr.resource@nrc.gov. The DG following the Mineral, Virginia
comments and suggestions in is electronically available in ADAMS earthquake in 2011. It endorses, with
connection with items for inclusion in under Accession No. ML16182A321. some exceptions, sections of ANS/
guides currently being developed or • NRC’s PDR: You may examine and ANSI–2.23–2016, ‘‘Nuclear Power Plant
improvements in all published guides purchase copies of public documents at Response to an Earthquake,’’ that relate
are encouraged at any time. the NRC’s PDR, Room O1–F21, One to post-shutdown inspections and tests,
ADDRESSES: You may submit comments White Flint North, 11555 Rockville inspection criteria, documentation, and
by any of the following methods (unless Pike, Rockville, Maryland 20852. long-term evaluations. The guidance
this document describes a different includes an action level matrix to direct
method for submitting comments on a B. Submitting Comments
actions based on the earthquake level
specified subject): Please include Docket ID NRC–2016– and observed damage levels at a nuclear
• Federal Rulemaking Web site: Go to 0224 in your comment submission. The power plant.
http://www.regulations.gov and search NRC cautions you not to include
for Docket ID: NRC–2016–0224. Address identifying or contact information that II. Backfitting and Issue Finality
questions about NRC dockets to Carol you do not want to be publicly Draft Guide–1337 describes methods
Gallagher; telephone: 301–415–3463; disclosed in your comment submission. acceptable to the NRC staff that can be
mstockstill on DSK3G9T082PROD with NOTICES
email: Carol.Gallagher@nrc.gov. For The NRC posts all comment used to demonstrate that a nuclear
technical questions, contact the submissions at http:// power plant is safe for restarting after a
individual(s) listed in the FOR FURTHER www.regulations.gov as well as enters shutdown caused by a seismic event.
INFORMATION CONTACT section of this the comment submissions into ADAMS. Issuance of this DG, if finalized, would
document. The NRC does not routinely edit not constitute backfitting as defined in
• Mail comments to: Cindy Bladey, comment submissions to remove § 50.109 of title 10 of the Code of
Office of Administration, Mail Stop: identifying or contact information. Federal Regulations (10 CFR) (the
VerDate Sep<11>2014 18:33 Dec 22, 2016 Jkt 241001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1](https://thefederalregister.org/doc/81_FR_94678/page/3.svg)
Document Created: 2016-12-23 12:29:25
Document Modified: 2016-12-23 12:29:25
| 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 | Draft regulatory guide; request for comment. | |
| Dates | Submit comments by February 21, 2017. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time. | |
| Contact | Alexis Sotomayor-Rivera, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-7265; email: [email protected] and Harriet Karagiannis, Office of Nuclear Regulatory Research, telephone: 301-415-2493 or email: [email protected], U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 81 FR 94431 |
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