82 FR 28101 - Applications for Nuclear Power Plants

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 117 (June 20, 2017)

Page Range		28101-28102
FR Document		2017-12837

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft regulatory guide (DG), DG-1325, ``Applications for Nuclear Power Plants.'' This guidance is proposed Revision 1 to Regulatory Guide (RG) 1.206, ``Combined License Applications for Nuclear Power Plants (LWR Edition),'' dated June 2007. This proposed revision of RG 1.206 provides revised guidance for prospective applicants regarding the format and content of applications for new nuclear power plants. The proposed revision reflects the lessons learned regarding the review of nuclear power plant applications since 2007. The major change in this revision is the removal of detailed technical information on the format and content of a safety analysis report. Guidance on moving that information to NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,'' is included in DG-1325.

Federal Register, Volume 82 Issue 117 (Tuesday, June 20, 2017)

[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Notices]
[Pages 28101-28102]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12837]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0145]


Applications for Nuclear Power Plants

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory guide; request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment a draft regulatory guide (DG), DG-1325, ``Applications 
for Nuclear Power Plants.'' This guidance is proposed Revision 1 to 
Regulatory Guide (RG) 1.206, ``Combined License Applications for 
Nuclear Power Plants (LWR Edition),'' dated June 2007. This proposed 
revision of RG 1.206 provides revised guidance for prospective 
applicants regarding the format and content of applications for new 
nuclear power plants. The proposed revision reflects the lessons 
learned regarding the review of nuclear power plant applications since 
2007. The major change in this revision is the removal of detailed 
technical information on the format and content of a safety analysis 
report. Guidance on moving that information to NUREG-0800, ``Standard 
Review Plan for the Review of Safety Analysis Reports for Nuclear Power 
Plants: LWR Edition,'' is included in DG-1325.

DATES: Submit comments by September 18, 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.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specified subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0145. 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-8D36M, 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 Notich, Office of New Reactors, 
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-2017-0145 when contacting the NRC 
about the availability of information regarding this document. 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-2017-0145.
     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. 
ML15233A056.
     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-2017-0145 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    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 they do not want to be 
publicly disclosed in their comment submission. Your request should 
also 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 ``Applications for Nuclear Power Plants,'' is a 
proposed revision temporarily identified by its task number, DG-1325, 
and is proposed Revision 1 of RG 1.206, currently titled ``Combined 
License Applications for Nuclear Power Plants.'' The guide provides 
revised guidance for prospective applicants regarding the format and 
content of applications for new nuclear power plants under the 
provisions in part 52 of title 10 of the Code of Federal Regulations 
(10 CFR), ``Licenses, Certifications, and Approvals for Nuclear Power 
Plants.''

[[Page 28102]]

    The DG-1325 reflects changes based on lessons learned regarding the 
review of nuclear power plant design certification (DC), early site 
permit (ESP), and combined license (COL) applications under 10 CFR part 
52, since the initial issuance of RG 1.206 in 2007. The scope of the 
proposed revision has been expanded beyond combined license (COL) 
applications to more explicitly address the current application process 
related to applications for DC, ESP, and limited work authorizations 
and the title has been changed accordingly. It provides more integrated 
guidance regarding the overall format and content for COL, DC, and ESP 
applications and additionally reflects the NRC staff's position that, 
although the guidance therein is intended for applicability to power 
reactors with light-water reactor (LWR) technology, the revised RG will 
be generally applicable to other types of power reactors (i.e., non-
LWRs).
    The DG-1325 also satisfies the two remaining action items from the 
NRC's April 2013, Lessons Learned Report (ADAMS Accession No. 
ML13059A240) by (1) revising RG 1.206 to reflect lessons learned and 
(2) incorporating DC/COL ISG11, ``Finalizing Licensing Basis 
Information,'' (ADAMS Accession No. ML092890623) in the revised RG 
1.206.'' This proposed revision also reflects the removal of technical 
information relative to the 2007 version of RG 1.206. The NRC staff 
intends that NUREG-0800, ``Standard Review Plan for the Review of 
Safety Analysis reports for Nuclear Power Plants: LWR Edition,'' be 
used by applicants relative to the technical information and level of 
detail to be included in safety analysis reports for applications for 
COLs, DCs, and ESPs.
    The guidance in DG-1325 is divided into two parts: Section C.1 
provides guidance for the organization, content, and format of an 
application under 10 CFR part 52; and Section C.2 contains information 
and guidance on a number of application regulatory topics related to 
the preparation, submittal, acceptance, and review of applications. The 
application regulatory topics include updated guidance that will allow 
the withdrawal of interim staff guidance. The NRC staff intends to 
withdraw the following four documents upon issuance of the revised RG 
1.206:

     DC/COL-ISG-011, ``Interim Staff Guidance Finalizing 
Licensing Basis Information'' (ADAMS Accession No. ML092890623),
     ESP/DC/COL-ISG-015, ``Interim Staff Guidance on Post 
Combined License Commitments'' (ADAMS Accession No. ML091671355),
     COL/ESP-ISG-04, ``Interim Staff Guidance on the 
Definition of Construction and on Limited Work Authorizations'' 
(ADAMS Accession No. ML082970729), and
     DC/COL ISG-08, ``Final Interim Staff Guidance Necessary 
Content of Plant-Specific Technical Specifications When a Combined 
License is Issued'' (ADAMS Accession No. ML083310259).

    The NRC staff's periodic review of related guidance in RG 1.70, 
Revision 3 (ADAMS Accession No. ML14272A331), ``Standard Format and 
Content of Safety Analysis Reports for Nuclear Power Plants (LWR),'' in 
September 2014, recommended the withdrawal of RG 1.70 once information 
relevant to the licensing of nuclear power plants under 10 CFR part 50 
is included in an update to RG 1.206. The additional scope related to 
construction permits and operating licenses was envisioned for a later 
update to RG 1.206 and is not included in the current proposed 
revision.

III. Backfitting and Issue Finality

    Draft regulatory guide DG-1325, if finalized as a new regulatory 
guide, would provide guidance for applicants regarding the format and 
content of applications for new ESPs, DCs, and COLs under 10 CFR part 
52. Issuance of this DG in final form would not constitute backfitting 
under 10 CFR part 50 and would not otherwise be inconsistent with the 
issue finality provisions in 10 CFR part 52. As discussed in the 
``Implementation'' section of this DG, the NRC has no current intention 
to impose the DG, if finalized, on current holders of ESPs or COLs or a 
DC applicant under 10 CFR part 52.
    The DG, if finalized, could be applied to applications for 10 CFR 
part 52 ESPs, COLs, and DCs. Such action would not constitute 
backfitting as defined in 10 CFR 50.109 (the Backfit Rule) or be 
otherwise inconsistent with the applicable issue finality provision in 
10 CFR part 52, inasmuch as such 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 that 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), the NRC regulatory approval (e.g., a 
design certification rule), or both, with specified issue finality 
provisions. The staff does not, at this time, intend to impose the 
positions represented in DG-1325 (if finalized) in a manner that is 
inconsistent with any issue finality provisions. If, in the future, the 
staff seeks to impose a position in DG-1325 (if finalized) in a manner 
that 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.

    Dated at Rockville, Maryland, this 15th day of June, 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. 2017-12837 Filed 6-19-17; 8:45 am]
 BILLING CODE 7590-01-P

28102 Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices

The DG–1325 reflects changes based • COL/ESP–ISG–04, ‘‘Interim Staff finality provisions. The staff does not, at
on lessons learned regarding the review Guidance on the Definition of Construction this time, intend to impose the positions
of nuclear power plant design and on Limited Work Authorizations’’ represented in DG–1325 (if finalized) in
certification (DC), early site permit (ADAMS Accession No. ML082970729), and a manner that is inconsistent with any
• DC/COL ISG–08, ‘‘Final Interim Staff
(ESP), and combined license (COL) Guidance Necessary Content of Plant-
issue finality provisions. If, in the
applications under 10 CFR part 52, Specific Technical Specifications When a future, the staff seeks to impose a
since the initial issuance of RG 1.206 in Combined License is Issued’’ (ADAMS position in DG–1325 (if finalized) in a
2007. The scope of the proposed Accession No. ML083310259). manner that does not provide issue
revision has been expanded beyond finality as described in the applicable
The NRC staff’s periodic review of
combined license (COL) applications to issue finality provision, then the staff
related guidance in RG 1.70, Revision 3
more explicitly address the current must address the criteria for avoiding
(ADAMS Accession No. ML14272A331),
application process related to issue finality as described in the
‘‘Standard Format and Content of Safety applicable issue finality provision.
applications for DC, ESP, and limited
Analysis Reports for Nuclear Power
work authorizations and the title has Dated at Rockville, Maryland, this 15th day
Plants (LWR),’’ in September 2014,
been changed accordingly. It provides of June, 2017.
recommended the withdrawal of RG
more integrated guidance regarding the For the Nuclear Regulatory Commission.
1.70 once information relevant to the
overall format and content for COL, DC, Joseph Colaccino,
licensing of nuclear power plants under
and ESP applications and additionally Chief, New Reactor Rulemaking and
10 CFR part 50 is included in an update
reflects the NRC staff’s position that, Guidance Branch, Division of Engineering
to RG 1.206. The additional scope
although the guidance therein is and Infrastructure, Office of New Reactors.
related to construction permits and
intended for applicability to power [FR Doc. 2017–12837 Filed 6–19–17; 8:45 am]
operating licenses was envisioned for a
reactors with light-water reactor (LWR)
later update to RG 1.206 and is not BILLING CODE 7590–01–P
technology, the revised RG will be
included in the current proposed
generally applicable to other types of
revision.
power reactors (i.e., non-LWRs). SECURITIES AND EXCHANGE
The DG–1325 also satisfies the two III. Backfitting and Issue Finality COMMISSION
remaining action items from the NRC’s Draft regulatory guide DG–1325, if
April 2013, Lessons Learned Report [Release No. 34–80923; File No. SR–ISE–
finalized as a new regulatory guide, 2017–32]
(ADAMS Accession No. ML13059A240) would provide guidance for applicants
by (1) revising RG 1.206 to reflect regarding the format and content of
lessons learned and (2) incorporating Self-Regulatory Organizations; Nasdaq
applications for new ESPs, DCs, and ISE, LLC; Notice of Designation of
DC/COL ISG11, ‘‘Finalizing Licensing COLs under 10 CFR part 52. Issuance of Longer Period for Commission Action
Basis Information,’’ (ADAMS Accession this DG in final form would not on Proposed Rule Change To
No. ML092890623) in the revised RG constitute backfitting under 10 CFR part Harmonize the Corporate Governance
1.206.’’ This proposed revision also 50 and would not otherwise be Framework With That of the NASDAQ
reflects the removal of technical inconsistent with the issue finality Stock Market LLC, NASDAQ PHLX
information relative to the 2007 version provisions in 10 CFR part 52. As LLC, and NASDAQ BX, Inc.
of RG 1.206. The NRC staff intends that discussed in the ‘‘Implementation’’
NUREG–0800, ‘‘Standard Review Plan section of this DG, the NRC has no June 14, 2017
for the Review of Safety Analysis current intention to impose the DG, if On April 11, 2017, Nasdaq ISE, LLC
reports for Nuclear Power Plants: LWR finalized, on current holders of ESPs or (‘‘ISE’’ or ‘‘Exchange’’) filed with the
Edition,’’ be used by applicants relative COLs or a DC applicant under 10 CFR Securities and Exchange Commission
to the technical information and level of part 52. (‘‘Commission’’), pursuant to Section
detail to be included in safety analysis The DG, if finalized, could be applied 19(b)(1) of the Securities Exchange Act
reports for applications for COLs, DCs, to applications for 10 CFR part 52 ESPs, of 1934 (‘‘Act’’) 1 and Rule 19b–4
and ESPs. COLs, and DCs. Such action would not thereunder,2 a proposed rule change to
The guidance in DG–1325 is divided constitute backfitting as defined in 10 harmonize its board and committee
into two parts: Section C.1 provides CFR 50.109 (the Backfit Rule) or be structure, and all related corporate
guidance for the organization, content, otherwise inconsistent with the governance processes, with that of the
and format of an application under 10 applicable issue finality provision in 10 three other registered national securities
CFR part 52; and Section C.2 contains CFR part 52, inasmuch as such exchanges and self-regulatory
information and guidance on a number applicants are not, with certain organizations owned by the Exchange’s
of application regulatory topics related exceptions, protected by either the indirect parent company, Nasdaq, Inc.,
to the preparation, submittal, Backfit Rule or any issue finality namely: The NASDAQ Stock Market
acceptance, and review of applications. provisions under 10 CFR part 52. This LLC, NASDAQ PHLX LLC, and
The application regulatory topics is because neither the Backfit Rule nor NASDAQ BX, Inc. The proposed rule
include updated guidance that will the issue finality provisions under 10 change was published for comment in
allow the withdrawal of interim staff CFR part 52—with certain exclusions the Federal Register on May 2, 2017.3
guidance. The NRC staff intends to discussed below—were intended to The Commission has received no
withdraw the following four documents apply to every NRC action that comment letters on the proposal.
upon issuance of the revised RG 1.206: substantially changes the expectations Section 19(b)(2) of the Act 4 provides
sradovich on DSK3GMQ082PROD with NOTICES

• DC/COL–ISG–011, ‘‘Interim Staff of current and future applicants. The that within 45 days of the publication of
Guidance Finalizing Licensing Basis exceptions to the general principle are notice of the filing of a proposed rule
Information’’ (ADAMS Accession No. applicable whenever an applicant
ML092890623), 1 15 U.S.C. 78s(b)(1).
• ESP/DC/COL–ISG–015, ‘‘Interim Staff references a 10 CFR part 52 license (e.g., 2 17 CFR 240.19b–4.
Guidance on Post Combined License an early site permit), the NRC regulatory 3 See Securities Exchange Act Release No. 80530

Commitments’’ (ADAMS Accession No. approval (e.g., a design certification (April 26, 2017), 82 FR 20508.
ML091671355), rule), or both, with specified issue 4 15 U.S.C. 78s(b)(2).

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Document Created: 2017-06-20 02:21:09
Document Modified: 2017-06-20 02:21:09

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 September 18, 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		Mark Notich, Office of New Reactors, 301-415-3053, email: [email protected] U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation		82 FR 28101