82 FR 11483 - Clarification of Licensee Actions in Enforcement Guidance Memorandum EGM 15-002, Enforcement Discretion for Tornado-Generated Missile Protection Noncompliance, Revision 1
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 35 (February 23, 2017)
Federal Register Volume 82, Issue 35 (February 23, 2017)
| Page Range | 11483-11484 | |
| FR Document | 2017-03527 |
[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)] [Notices] [Pages 11483-11484] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-03527] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2017-0052] Clarification of Licensee Actions in Enforcement Guidance Memorandum EGM 15-002, Enforcement Discretion for Tornado-Generated Missile Protection Noncompliance, Revision 1 AGENCY: Nuclear Regulatory Commission. ACTION: Draft interim staff guidance; request for comment. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on its draft Interim Staff Guidance (ISG), Clarification of Licensee Actions in Receipt of Enforcement Discretion per Enforcement Guidance Memorandum (EGM) 15-002, ``Enforcement Discretion for Tornado-Generated Missile Protection Noncompliance,'' Revision 1. The NRC staff is publishing this revised ISG for public comment. The revisions provide clarifying guidance to facilitate staff understanding of expectations for consistent oversight associated with implementing enforcement discretion for tornado missile protection noncompliance(s), as discussed in EGM 15-002, Revision 1. DATES: Submit comments by March 27, 2017. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date. 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-2017-0052. 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. Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. For additional direction on obtaining information and submitting comments, see ``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: James Hickey, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-2180, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2017-0052 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods: Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0052. 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 is available in ADAMS) it is provided the first time that it is mentioned in this document. The ISG, ``Clarification of Licensee Actions in Receipt of Enforcement Discretion Memorandum 15-002, ``Enforcement Discretion for Tornado-Generated Missile Protection Noncompliance,'' Revision 1, is available in ADAMS under Accession No. ML16342A940. The EGM 15-002, ``Enforcement Discretion for Tornado-Generated Missile Protection Noncompliance,'' Revision 1 is available in ADAMS under Accession No. ML16355A286. 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-2017-0052 in your comment submission. The NRC cautions you not to include identifying or contact information that [[Page 11484]] 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 they 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. Background The Office of Nuclear Reactor Regulation (NRR), Division of Risk Analysis (DRA) completed a generic bounding risk analysis (ADAMS Accession No. ML14114A556) that concluded that the issues associated with the inoperability of a Structure, System, or Component due to a tornado-generated missile are likely to be of low risk significance, and do not require immediate plant shutdown. Based on the conclusions of the NRR/DRA analysis, the staff issued EGM 15-002, dated June 10, 2015. In its implementation of EGM 15-002, the NRC staff found that additional refinements are needed to address reportability, enforcement of long standing design issues, and the duration of the enforcement discretion resulting from all the non-conforming conditions being assessed together. As a result, the staff issued EGM 15-002, Revision 1, dated February 7, 2017. This revised ISG adds additional information for inspection and review staff to support implementation of the changes made in EGM 15- 002, Revision 1. This revised draft ISG provides an approach to extending the discretion period. The draft revisions to this ISG also revise provisions concerning reportability requirements under Sec. 50.72 of title 10 of the Code of Federal Regulations (10 CFR), discusses enforcement discretion for long-term design non conformances, and reinforces the need for licensees to follow the corrective action program when dispositioning the impact of identified tornado missile non-conformances on operability. This revised ISG will expire with the expiration of EGM 15-002, Revision 1. III. Proposed Action By this action, the NRC is requesting public comments on draft ISG- 16-001, Revision 1. This draft ISG provides an approach to extending the discretion period, revises reportability requirements under 10 CCFR 50.72, discusses enforcement discretion for long-term design non conformances, and reinforces the need for licensees to follow their corrective action program when dispositioning the impact of identified tornado missile non-conformances on operability. IV. Backfit Discussion Issuance of this ISG in final form would not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule). As discussed in the ``Backfitting'' section of draft DSS-ISG- 2016-001, Revision 1, this ISG contains guidance for NRC staff for implementing EGM-15-002. This ISG does not constitute backfitting as defined in the Backfit Rule and is not otherwise inconsistent with the issue finality provisions in 10 CFR part 52, and the NRC staff did not prepare a backfit analysis. This is because this ISG requires no response by licensees, and concerns only NRC staff implementation of enforcement discretion pursuant to EGM-15-0002. Dated at Rockville, Maryland, this 13th day of February 2017. For the Nuclear Regulatory Commission. Robert Taylor, Director, Division of Safety Systems, Office of Nuclear Reactor Regulation. [FR Doc. 2017-03527 Filed 2-22-17; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Notices 11483
will provide a regular forum for broad planetary protection is outside the For additional direction on obtaining
discussion of Earth science and the role purview of the PAC. information and submitting comments,
of Earth science within and outside of see ‘‘Obtaining Information and
Patricia D. Rausch,
NASA. Submitting Comments’’ in the
Advisory Committee Management Officer,
• Heliophysics Advisory Committee SUPPLEMENTARY INFORMATION section of
National Aeronautics and Space
(HPAC) (science.nasa.gov/science- Administration.
this document.
advisory_committees/hpac)—The FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2017–03541 Filed 2–22–17; 8:45 am]
Heliophysics Advisory Committee is a James Hickey, Office of Nuclear Reactor
BILLING CODE 7510–13–P
new FACA committee of NASA, and Regulation, U.S. Nuclear Regulatory
replaces the Heliophysics Subcommittee Commission, Washington DC 20555–
of the NAC SC. The HPAC shall draw 0001; telephone: 301–415–2180, email:
NUCLEAR REGULATORY James.Hickey@nrc.gov.
on the expertise of its members to COMMISSION
provide advice and make SUPPLEMENTARY INFORMATION:
recommendations to the Director, [NRC–2017–0052]
I. Obtaining Information and
Heliophysics Division, SMD, on
Clarification of Licensee Actions in Submitting Comments
heliophysics programs, policies, plans
and priorities. The scope of the HPAC Enforcement Guidance Memorandum A. Obtaining Information
includes all aspects of heliophysics, EGM 15–002, Enforcement Discretion Please refer to Docket ID NRC–2017–
including the dynamical behavior of the for Tornado-Generated Missile 0052 when contacting the NRC about
Sun and its heliosphere; the dynamical Protection Noncompliance, Revision 1 the availability of information for this
behavior of the magnetosphere, AGENCY: Nuclear Regulatory action. You may obtain publicly-
ionosphere, and upper atmosphere of Commission. available information related to this
Earth and other planets; the multi-scale action by any of the following methods:
ACTION: Draft interim staff guidance;
interaction between solar system
request for comment. • Federal Rulemaking Web site: Go to
plasmas and the interstellar medium; http://www.regulations.gov and search
energy transport and coupling SUMMARY: The U.S. Nuclear Regulatory for Docket ID NRC–2017–0052.
throughout the heliophysics domain; Commission (NRC) is soliciting public • NRC’s Agencywide Documents
and space weather. In addition to comment on its draft Interim Staff Access and Management System
scientific research, the scope Guidance (ISG), Clarification of (ADAMS): You may obtain publicly-
encompasses considerations of the Licensee Actions in Receipt of available documents online in the
development of enabling technologies, Enforcement Discretion per ADAMS Public Documents collection at
systems, and computing and Enforcement Guidance Memorandum http://www.nrc.gov/reading-rm/
information management capabilities, as (EGM) 15–002, ‘‘Enforcement Discretion adams.html. To begin the search, select
well as developments with the potential for Tornado-Generated Missile ‘‘ADAMS Public Documents’’ and then
to provide long-term improvements to Protection Noncompliance,’’ Revision 1. select ‘‘Begin Web-based ADAMS
future space weather operational The NRC staff is publishing this revised Search.’’ For problems with ADAMS,
systems. ISG for public comment. The revisions please contact the NRC’s Public
• Planetary Science Advisory provide clarifying guidance to facilitate Document Room (PDR) reference staff at
Committee (PAC) (science.nasa.gov/ staff understanding of expectations for 1–800–397–4209, 301–415–4737, or by
science-advisory_committees/pac)—The consistent oversight associated with email to pdr.resource@nrc.gov. The
implementing enforcement discretion ADAMS accession number for each
Planetary Science Advisory Committee
for tornado missile protection document referenced (if it is available in
is a new FACA committee of NASA, and
noncompliance(s), as discussed in EGM ADAMS) it is provided the first time
replaces the Planetary Science
15–002, Revision 1. that it is mentioned in this document.
Subcommittee of the NAC SC. The PAC
DATES: Submit comments by March 27,
The ISG, ‘‘Clarification of Licensee
shall draw on the expertise of its
2017. Comments received after this date Actions in Receipt of Enforcement
members to provide advice and make
will be considered if it is practical to do Discretion Memorandum 15–002,
recommendations to the Director,
so, but the Commission is able to ensure ‘‘Enforcement Discretion for Tornado-
Planetary Science Division, SMD, on
consideration only for comments Generated Missile Protection
planetary science programs, policies,
received before this date. Noncompliance,’’ Revision 1, is
plans and priorities. The scope of the
available in ADAMS under Accession
PAC includes all aspects of planetary ADDRESSES: You may submit comments No. ML16342A940. The EGM 15–002,
science, scientific exploration of the by any of the following methods: ‘‘Enforcement Discretion for Tornado-
Moon and Mars, the robotic exploration • Federal Rulemaking Web site: Go to Generated Missile Protection
of the solar system, astrobiology, http://www.regulations.gov and search Noncompliance,’’ Revision 1 is available
exoplanet research, space- and ground- for Docket ID NRC–2017–0052. Address in ADAMS under Accession No.
based research, technology questions about NRC dockets to Carol ML16355A286.
development, planning, and training Gallagher; telephone: 301–415–3463; • NRC’s PDR: You may examine and
required to support these science areas. email: Carol.Gallagher@nrc.gov. For purchase copies of public documents at
In addition to scientific research, the technical questions, contact the the NRC’s PDR, Room O1–F21, One
scope encompasses considerations of individual listed in the FOR FURTHER White Flint North, 11555 Rockville
rmajette on DSK2TPTVN1PROD with NOTICES
the development of near-term enabling INFORMATION CONTACT section of this Pike, Rockville, Maryland 20852.
technologies, systems, and computing document.
and information management • Mail comments to: Cindy Bladey, B. Submitting Comments
capabilities, as well as developments Office of Administration, Mail Stop: Please include Docket ID NRC–2017–
with the potential to provide long-term OWFN–12–H08, U.S. Nuclear 0052 in your comment submission.
improvements in future operational Regulatory Commission, Washington, The NRC cautions you not to include
systems. Responsibility for biological DC 20555–0001. identifying or contact information that
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![11484 Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Notices
you do not want to be publicly III. Proposed Action analysis report. These documents
disclosed in your comment submission. By this action, the NRC is requesting currently delegate authority under the
The NRC posts all comment public comments on draft ISG–16–001, license to the Manager, DOE Idaho
submissions at http:// Revision 1. This draft ISG provides an Operations Office. The amendment
www.regulations.gov as well as entering approach to extending the discretion would replace that reference with the
the comment submissions into ADAMS. period, revises reportability Deputy Manager, Idaho Cleanup Project
The NRC does not routinely edit requirements under 10 CCFR 50.72, in each of the documents.
comment submissions to remove discusses enforcement discretion for ADDRESSES: Please refer to Docket ID
identifying or contact information. long-term design non conformances, NRC–2017–0051 when contacting the
If you are requesting or aggregating NRC about the availability of
and reinforces the need for licensees to
comments from other persons for information regarding this document.
follow their corrective action program
submission to the NRC, then you should You may obtain publicly-available
when dispositioning the impact of
inform those persons not to include information related to this document
identified tornado missile non-
identifying or contact information that using any of the following methods:
conformances on operability.
they do not want to be publicly • Federal Rulemaking Web site: Go to
disclosed in their comment submission. IV. Backfit Discussion http://www.regulations.gov and search
Your request should state that the NRC Issuance of this ISG in final form for Docket ID NRC–2017–0051. Address
does not routinely edit comment would not constitute backfitting as questions about NRC dockets to Carol
submissions to remove such information defined in 10 CFR 50.109 (the Backfit Gallagher; telephone: 301–415–3463;
before making the comment Rule). As discussed in the ‘‘Backfitting’’ email: Carol.Gallagher@nrc.gov. For
submissions available to the public or section of draft DSS–ISG- 2016–001, technical questions, contact the
entering the comment submissions into individual listed in the FOR FURTHER
Revision 1, this ISG contains guidance
ADAMS. INFORMATION CONTACT section of this
for NRC staff for implementing EGM–
II. Background 15–002. This ISG does not constitute document.
The Office of Nuclear Reactor backfitting as defined in the Backfit • NRC’s Agencywide Documents
Regulation (NRR), Division of Risk Rule and is not otherwise inconsistent Access and Management System
Analysis (DRA) completed a generic with the issue finality provisions in 10 (ADAMS): You may obtain publicly-
bounding risk analysis (ADAMS CFR part 52, and the NRC staff did not available documents online in the
Accession No. ML14114A556) that prepare a backfit analysis. This is ADAMS Public Documents collection at
concluded that the issues associated because this ISG requires no response http://www.nrc.gov/reading-rm/
with the inoperability of a Structure, by licensees, and concerns only NRC adams.html. To begin the search, select
System, or Component due to a tornado- staff implementation of enforcement ‘‘ADAMS Public Documents’’ and then
generated missile are likely to be of low discretion pursuant to EGM–15–0002. select ‘‘Begin Web-based ADAMS
risk significance, and do not require Dated at Rockville, Maryland, this 13th day
Search.’’ For problems with ADAMS,
immediate plant shutdown. Based on of February 2017. please contact the NRC’s Public
the conclusions of the NRR/DRA For the Nuclear Regulatory Commission.
Document Room (PDR) reference staff at
analysis, the staff issued EGM 15–002, 1–800–397–4209, 301–415–4737, or by
Robert Taylor,
dated June 10, 2015. In its email to pdr.resource@nrc.gov. The
Director, Division of Safety Systems, Office ADAMS accession number for each
implementation of EGM 15–002, the of Nuclear Reactor Regulation.
NRC staff found that additional document referenced (if it is available in
[FR Doc. 2017–03527 Filed 2–22–17; 8:45 am]
refinements are needed to address ADAMS) is provided the first time that
BILLING CODE 7590–01–P it is mentioned in this document.
reportability, enforcement of long
standing design issues, and the duration • NRC’s PDR: You may examine and
of the enforcement discretion resulting purchase copies of public documents at
NUCLEAR REGULATORY the NRC’s PDR, Room O1–F21, One
from all the non-conforming conditions COMMISSION
being assessed together. As a result, the White Flint North, 11555 Rockville
staff issued EGM 15–002, Revision 1, [Docket No. 72–09; NRC–2017–0051] Pike, Rockville, Maryland 20852.
dated February 7, 2017. FOR FURTHER INFORMATION CONTACT: Jose
This revised ISG adds additional Department of Energy; Fort St. Vrain R. Cuadrado, Office of Nuclear Material
information for inspection and review Independent Spent Fuel Storage Safety and Safeguards, U.S. Nuclear
staff to support implementation of the Installation Regulatory Commission, Washington,
changes made in EGM 15–002, Revision AGENCY: Nuclear Regulatory DC 20555–0001; telephone: 301–415–
1. This revised draft ISG provides an Commission. 0606; email: Jose.Cuadrado@nrc.gov.
approach to extending the discretion ACTION: License amendment application, SUPPLEMENTARY INFORMATION:
period. The draft revisions to this ISG docketing.
also revise provisions concerning I. Introduction
reportability requirements under § 50.72 SUMMARY: The U.S. Nuclear Regulatory By letter dated September 8, 2016,
of title 10 of the Code of Federal Commission (NRC) has docketed a DOE submitted to the NRC an
Regulations (10 CFR), discusses license amendment application from the application to amend the license,
enforcement discretion for long-term Department of Energy (DOE or the technical specifications, and the final
design non conformances, and licensee) for amendment of Materials safety analysis report, for the Fort St.
rmajette on DSK2TPTVN1PROD with NOTICES
reinforces the need for licensees to License No. SNM–2504, for the Fort St. Vrain independent spent fuel storage
follow the corrective action program Vrain independent spent fuel storage installation, located in Platteville,
when dispositioning the impact of installation located in Platteville, Colorado (ADAMS Accession No.
identified tornado missile non- Colorado. If granted, the amendment ML16258A179). Materials License No.
conformances on operability. This would update the licensee delegation of SNM–2504 authorizes the licensee to
revised ISG will expire with the authority in the license, the technical receive, store, and transfer spent nuclear
expiration of EGM 15–002, Revision 1. specifications, and the final safety fuel from the decommissioned FSV
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Document Created: 2017-02-23 02:10:39
Document Modified: 2017-02-23 02:10:39
| 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 interim staff guidance; request for comment. | |
| Dates | Submit comments by March 27, 2017. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date. | |
| Contact | James Hickey, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-2180, email: [email protected] | |
| FR Citation | 82 FR 11483 |
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