82 FR 21269 - Proposed Revisions to Conduct of Operations
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 86 (May 5, 2017)
Federal Register Volume 82, Issue 86 (May 5, 2017)
| Page Range | 21269-21270 | |
| FR Document | 2017-09068 |
[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)] [Notices] [Pages 21269-21270] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09068] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2017-0111] Proposed Revisions to Conduct of Operations AGENCY: Nuclear Regulatory Commission. ACTION: Standard Review Plan--draft section revision; request for comment. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on draft NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,'' Section 13.6.1, ``Physical Security--Combined License and Operating Reactors.'' The NRC seeks comments on the proposed draft section revision of the Standard Review Plan (SRP) concerning guidance for the review of combined construction and operating license (COL) and operating license (OL) applications and amendments for physical security. DATES: Comments must be filed no later than July 5, 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 on or 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-2017-0111. 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: TWFN-08-D36, 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: Mark D. Notich, Office of New Reactors, telephone: 301-415-3053; 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-2017-0111 when contacting the NRC about the availability of information regarding this action. You may obtain publicly-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-2017-0111. 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 draft revision and current revision to NUREG-0800, Section 13.6.1, ``Physical Security--Combined License and Operating Reactors,'' are available in ADAMS under Accession Nos. ML17101A741 and ML102230082. The redline strikeout comparing the current version and draft revision is available in ADAMS under Accession No. ML 14295A061. 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-2017-0111 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly [[Page 21270]] disclosed in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter 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 into ADAMS. II. Further Information The NRC seeks public comment on the proposed draft section revision of SRP Section 13.6.1. The changes to SRP Chapter 13 reflect the current staff reviews, 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. The draft SRP section would also provide guidance for reviewing an application for a combined license under part 52 of title 10 of the Code of Federal Regulations (10 CFR). Following NRC staff evaluation of public comments, the NRC intends to incorporate the approved revisions into the next revision of NUREG- 0800. The SRP is guidance for the NRC staff. The SRP is not a substitute for the NRC regulations, and compliance with the SRP is not required. III. Backfitting and Issue Finality Issuance of this draft SRP section, if finalized, would not constitute backfitting as defined in 10 CFR 50.109 of 10 CFR, (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 draft SRP positions, if finalized, would not constitute backfitting, inasmuch as the SRP is internal guidance to NRC staff 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 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 intentions to impose the SRP positions on current licensees or already-issued regulatory approvals either now or in the future. The NRC staff does not intend to impose or apply the positions described in the draft SRP to existing (already issued) licenses and regulatory approvals. Hence, the issuance of a final SRP--even if considered guidance which 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 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 below--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, at this time, intend to impose the positions represented in the draft SRP in a manner that is inconsistent with any issue finality provisions. If, in the future, the NRC staff seeks to impose a position in the draft SRP in a manner which does not provide issue finality as described in the applicable issue finality provisions, then the NRC staff must address the criteria for avoiding issue finality provisions. Dated at Rockville, Maryland, this 1st day of May, 2017. For the Nuclear Regulatory Commission. Joseph Colaccino, Chief, New Reactor Rulemaking and Guidance Branch, Division of Engineering and Infrastructure, Office of New Reactors. [FR Doc. 2017-09068 Filed 5-4-17; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Notices 21269
information related to this document addition, the licensee has supplemented • Mail comments to: Cindy Bladey,
using any of the following methods: the application with a response to a Office of Administration, Mail Stop:
• Federal Rulemaking Web site: Go to Request for Additional Information TWFN–08–D36, U.S. Nuclear
http://www.regulations.gov and search dated January 26, 2017 (ADAMS Regulatory Commission, Washington,
for Docket ID NRC–2016–0239. Address accession no. ML17039A909), and a DC 20555–0001.
questions about NRC dockets to Carol second supplement dated February 27, For additional direction on accessing
Gallagher; telephone: 301–415–3463; 2017 (ADAMS accession no. information and submitting comments,
email: Carol.Gallagher@nrc.gov. For ML17058A460). By letter dated March see ‘‘Obtaining Information and
technical questions, contact the 22, 2017 (ADAMS accession no. Submitting Comments’’ in the
individual listed in the FOR FURTHER ML17082A459), the licensee requested SUPPLEMENTARY INFORMATION section of
INFORMATION CONTACT section of this to withdraw the proposed amendment. this document.
document. Dated at Rockville, Maryland, this 25th day FOR FURTHER INFORMATION CONTACT:
• NRC’s Agencywide Documents of April, 2017. Mark D. Notich, Office of New Reactors,
Access and Management System For the Nuclear Regulatory Commission. telephone: 301–415–3053; email
(ADAMS): You may obtain publicly Mark.Notich@nrc.gov; U.S. Nuclear
available documents online in the April L Pulvirenti,
Regulatory Commission, Washington,
ADAMS Public Documents collection at Project Manager, Plant Licensing Branch 4,
DC 20555–0001.
http://www.nrc.gov/reading-rm/ Division of Operator Reactor Licensing, Office
of Nuclear Reactor Regulation. SUPPLEMENTARY INFORMATION:
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then [FR Doc. 2017–09154 Filed 5–4–17; 8:45 am] I. Obtaining Information and
select ‘‘Begin Web-based ADAMS BILLING CODE 7590–01–P Submitting Comments
Search.’’ For problems with ADAMS, A. Obtaining Information
please contact the NRC’s Public
Document Room (PDR) reference staff at NUCLEAR REGULATORY Please refer to Docket ID NRC–2017–
1–800–397–4209, 301–415–4737, or by COMMISSION 0111 when contacting the NRC about
email to pdr.resource@nrc.gov. The [NRC–2017–0111] the availability of information regarding
ADAMS accession number for each this action. You may obtain publicly-
document referenced in this document Proposed Revisions to Conduct of available information related to this
(if that document is available in Operations document by any of the following
ADAMS) is provided the first time that methods:
AGENCY: Nuclear Regulatory • Federal Rulemaking Web site: Go to
a document is referenced. Commission.
• NRC’s PDR: You may examine and http://www.regulations.gov and search
ACTION: Standard Review Plan—draft for Docket ID NRC–2017–0111.
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
section revision; request for comment. • NRC’s Agencywide Documents
White Flint North, 11555 Rockville Access and Management System
SUMMARY: The U.S. Nuclear Regulatory
Pike, Rockville, Maryland 20852. (ADAMS):
Commission (NRC) is soliciting public You may obtain publicly-available
FOR FURTHER INFORMATION CONTACT: comment on draft NUREG–0800, documents online in the ADAMS Public
April Pulvirenti, Office of Nuclear ‘‘Standard Review Plan for the Review Documents collection at http://
Reactor Regulation, U.S. Nuclear of Safety Analysis Reports for Nuclear www.nrc.gov/reading-rm/adams.html.
Regulatory Commission, Washington, Power Plants: LWR Edition,’’ Section To begin the search, select ‘‘ADAMS
DC 20555–0001; telephone: 301–415– 13.6.1, ‘‘Physical Security—Combined Public Documents’’ and then select
1390, email: April.Pulvirenti@nrc.gov. License and Operating Reactors.’’ The ‘‘Begin Web-based ADAMS Search.’’ For
SUPPLEMENTARY INFORMATION: The NRC NRC seeks comments on the proposed problems with ADAMS, please contact
has granted the request of Entergy to draft section revision of the Standard the NRC’s Public Document Room (PDR)
withdraw its September 1, 2016, Review Plan (SRP) concerning guidance reference staff at 1–800–397–4209, 301–
application (ADAMS accession no. for the review of combined construction 415–4737, or by email to pdr.resource@
ML16245A359) for a proposed and operating license (COL) and nrc.gov. The draft revision and current
amendment to Facility Operating operating license (OL) applications and revision to NUREG–0800, Section
License No. NPF–38 for Waterford 3, amendments for physical security. 13.6.1, ‘‘Physical Security—Combined
located in St. Charles Parish, Louisiana. DATES: Comments must be filed no later License and Operating Reactors,’’ are
The amendment would have revised than July 5, 2017. Comments received available in ADAMS under Accession
the Waterford 3 TSs to relocate the after this date will be considered, if it Nos. ML17101A741 and ML102230082.
surveillance frequency requirements for is practical to do so, but the The redline strikeout comparing the
selected ESFAS Subgroup relays to a Commission is able to ensure current version and draft revision is
licensee-controlled program. consideration only for comments available in ADAMS under Accession
Specifically, the license amendment received on or before this date. No. ML 14295A061.
would have revised the Table Notation ADDRESSES: You may submit comments • NRC’s PDR: You may examine and
for TS Table 4.3–2, ‘‘Engineered Safety by any of the following methods: purchase copies of public documents at
Features Actuation System • Federal Rulemaking Web site: Go to the NRC’s PDR, Room O1–F21, One
Instrumentation Surveillance http://www.regulations.gov and search
SRADOVICH on DSK3GMQ082PROD with NOTICES
White Flint North, 11555 Rockville
Requirements,’’ to relocate the for Docket ID NRC–2017–0111. Address Pike, Rockville, Maryland 20852.
surveillance frequency of additional questions about NRC dockets to Carol
relays to the Waterford 3 SFCP. The Gallagher; telephone: 301–415–3463; B. Submitting Comments
Commission previously published a email: Carol.Gallagher@nrc.gov. For Please include Docket ID NRC–2017–
proposed finding in the Federal technical questions, contact the 0111 in your comment submission.
Register on November 22, 2016 (81 FR individual listed in the FOR FURTHER The NRC cautions you not to include
83875), that the amendment involves no INFORMATION CONTACT section of this identifying or contact information that
significant hazards consideration. In document. you do not want to be publicly
VerDate Sep<11>2014 17:43 May 04, 2017 Jkt 241001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1](https://thefederalregister.org/doc/82_FR_21355/page/1.svg)
![21270 Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Notices
disclosed in your comment submission. issue finality provisions of 10 CFR part For the Nuclear Regulatory Commission.
The NRC will post all comment 52. Joseph Colaccino,
submissions at http:// 2. The NRC staff has no intentions to Chief, New Reactor Rulemaking and
www.regulations.gov as well as enter the impose the SRP positions on current Guidance Branch, Division of Engineering
comment submissions into ADAMS. and Infrastructure, Office of New Reactors.
licensees or already-issued regulatory
The NRC does not routinely edit [FR Doc. 2017–09068 Filed 5–4–17; 8:45 am]
approvals either now or in the future.
comment submissions to remove BILLING CODE 7590–01–P
identifying or contact information. The NRC staff does not intend to
If you are requesting or aggregating impose or apply the positions described
comments from other persons for in the draft SRP to existing (already NUCLEAR REGULATORY
submission to the NRC, then you should issued) licenses and regulatory COMMISSION
inform those persons not to include approvals. Hence, the issuance of a final
identifying or contact information that [Docket No. 72–11; NRC–2017–0110]
SRP—even if considered guidance
they do not want to be publicly which is within the purview of the issue Sacramento Municipal Utility District;
disclosed in their comment submission. finality provisions in 10 CFR part 52— Rancho Seco Independent Spent Fuel
Your request should state that the NRC need not be evaluated as if it were a Storage Installation
does not routinely edit comment backfit or as being inconsistent with
submissions to remove such information issue finality provisions. If, in the AGENCY: Nuclear Regulatory
before making the comment future, the NRC staff seeks to impose a Commission.
submissions available to the public or position in the SRP on holders of ACTION: License amendment application;
entering the comment into ADAMS. opportunity to request a hearing and to
already issued licenses in a manner
II. Further Information which does not provide issue finality as petition for leave to intervene.
The NRC seeks public comment on described in the applicable issue finality SUMMARY: The U.S. Nuclear Regulatory
the proposed draft section revision of provision, then the NRC staff must make Commission (NRC) has received a
SRP Section 13.6.1. The changes to SRP the showing as set forth in the Backfit request from Sacramento Municipal
Chapter 13 reflect the current staff Rule or address the criteria for avoiding Utility District (SMUD) to amend the
reviews, methods and practices based issue finality as described in the license for the Rancho Seco
on lessons learned from the NRC’s applicable issue finality provision. Independent Spent Fuel Storage
reviews of design certification and 3. Backfitting and issue finality do Installation (ISFSI) to allow the storage
combined license applications not—with limited exceptions not of byproduct nuclear material. The
completed since the last revision of this applicable here—protect current or amendment would allow SMUD to use
chapter. The draft SRP section would future applicants. the byproduct nuclear material to check
also provide guidance for reviewing an the functionality of radiation detection
application for a combined license Applicants and potential applicants
instruments. The NRC is evaluating
under part 52 of title 10 of the Code of are not, with certain exceptions, whether approval of this request would
Federal Regulations (10 CFR). protected by either the Backfit Rule or be categorically excluded from the
Following NRC staff evaluation of any issue finality provisions under 10 requirement to prepare an
public comments, the NRC intends to CFR part 52. This is because neither the environmental assessment.
incorporate the approved revisions into Backfit Rule nor the issue finality
DATES: A request for a hearing or
the next revision of NUREG–0800. The provisions under 10 CFR part 52—with petition for leave to intervene must be
SRP is guidance for the NRC staff. The certain exclusions discussed below— filed by July 5, 2017.
SRP is not a substitute for the NRC were intended to apply to every NRC
regulations, and compliance with the ADDRESSES: Please refer to Docket ID
action which substantially changes the
SRP is not required. NRC–2017–0110 when contacting the
expectations of current and future
NRC about the availability of
III. Backfitting and Issue Finality applicants. information regarding this document.
Issuance of this draft SRP section, if The exceptions to the general You may obtain publicly-available
finalized, would not constitute principle are applicable whenever an information related to this document
backfitting as defined in 10 CFR 50.109 applicant references a 10 CFR part 52 using any of the following methods:
of 10 CFR, (the Backfit Rule) or license (e.g., an early site permit) and/ • Federal Rulemaking Web site: Go to
otherwise be inconsistent with the issue or NRC regulatory approval (e.g., a http://www.regulations.gov and search
finality provisions in 10 CFR part 52. design certification rule) with specified for Docket ID NRC–2017–0110. Address
The NRC’s position is based upon the issue finality provisions. The NRC staff questions about NRC dockets to Carol
following considerations. does not, at this time, intend to impose Gallagher; telephone: 301–415–3463;
1. The draft SRP positions, if the positions represented in the draft email: Carol.Gallagher@nrc.gov. For
finalized, would not constitute SRP in a manner that is inconsistent technical questions, contact the
backfitting, inasmuch as the SRP is with any issue finality provisions. If, in individual listed in the FOR FURTHER
internal guidance to NRC staff directed the future, the NRC staff seeks to impose INFORMATION CONTACT section of this
at the NRC staff with respect to their a position in the draft SRP in a manner document.
regulatory responsibilities. • NRC’s Agencywide Documents
SRADOVICH on DSK3GMQ082PROD with NOTICES
which does not provide issue finality as
The SRP provides guidance to the Access and Management System
described in the applicable issue finality
NRC staff on how to review an (ADAMS): You may obtain publicly-
provisions, then the NRC staff must
application for NRC regulatory approval available documents online in the
in the form of licensing. Changes in address the criteria for avoiding issue ADAMS Public Documents collection at
internal staff guidance are not matters finality provisions. http://www.nrc.gov/reading-rm/
for which either nuclear power plant adams.html. To begin the search, select
applicants or licensees are protected Dated at Rockville, Maryland, this 1st day ‘‘ADAMS Public Documents’’ and then
under either the Backfit Rule or the of May, 2017. select ‘‘Begin Web-based ADAMS
VerDate Sep<11>2014 17:43 May 04, 2017 Jkt 241001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1](https://thefederalregister.org/doc/82_FR_21355/page/2.svg)
Document Created: 2018-11-08 08:39:27
Document Modified: 2018-11-08 08:39:27
| 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--draft section revision; request for comment. | |
| Dates | Comments must be filed no later than July 5, 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 on or before this date. | |
| Contact | Mark D. Notich, Office of New Reactors, telephone: 301-415-3053; email [email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 82 FR 21269 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR