82 FR 55657 - Enforcement Discretion for Tornado-Generated Missile Protection Noncompliance, Revision 1
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 224 (November 22, 2017)
Federal Register Volume 82, Issue 224 (November 22, 2017)
| Page Range | 55657-55658 | |
| FR Document | 2017-25271 |
[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)] [Notices] [Pages 55657-55658] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25271] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2017-0052] Enforcement Discretion for Tornado-Generated Missile Protection Noncompliance, Revision 1 AGENCY: Nuclear Regulatory Commission. ACTION: Interim staff guidance; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 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 revisions provide clarifying guidance to facilitate the NRC staff's consistent oversight associated with implementing enforcement discretion for tornado missile protection noncompliance(s) per EGM 15-002. DATES: The applicable date of the ISG is November 22, 2017. ADDRESSES: Please refer to Docket ID NRC-2017-0052 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-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. 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 [[Page 55658]] 1-800-397-4209, 301-415-4737, or by email to [email protected]. 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. ML17128A344. Enforcement Guidance Memorandum, 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. 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: The NRC published a Federal Register notice requesting public comment on this interim staff guidance (ISG) on February 23, 2017 (82 FR 11483). The agency received five total comments. The NRC considered the comments, which resulted in no changes to the ISG. The evaluation of these comments is discussed in the last appendix of the ISG. I. 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 ISG provides an approach to extending the discretion. The 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. II. Backfit Discussion Issuance of this ISG in final form does not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule). As discussed in the ``Backfitting'' section of DSS-ISG- 2016-001, Revision 1, this ISG contains guidance for the 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 because this ISG requires no response by licensees, and concerns only NRC staff implementation of enforcement discretion pursuant to EGM-15- 002. III. Congressional Review Act This ISG 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. Dated at Rockville, Maryland, this 16th day of November, 2017. For the Nuclear Regulatory Commission. Alexander H. Schwab, Project Manager, ROP Support and Generic Communications Branch, Division of Inspection and Regional Support, Office of Nuclear Reactor Regulation. [FR Doc. 2017-25271 Filed 11-21-17; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 55657
counsel or representative, already holds documents in paper format. Such filings Dated at Rockville, Maryland, this 17th day
an NRC-issued digital ID certificate). must be submitted by: (1) First class of November 2017.
Based upon this information, the mail addressed to the Office of the For the Nuclear Regulatory Commission.
Secretary will establish an electronic Secretary of the Commission, U.S. Jennifer L. Dixon-Herrity,
docket for the hearing in this proceeding Nuclear Regulatory Commission, Chief, Licensing Branch 4, Division of New
if the Secretary has not already Washington, DC 20555–0001, Attention: Reactor Licensing, Office of New Reactors.
established an electronic docket. Rulemaking and Adjudications Staff; or [FR Doc. 2017–25296 Filed 11–21–17; 8:45 am]
Information about applying for a (2) courier, express mail, or expedited BILLING CODE 7590–01–P
digital ID certificate is available on the delivery service to the Office of the
NRC’s public Web site at http:// Secretary, 11555 Rockville Pike,
www.nrc.gov/site-help/e-submittals/ Rockville, Maryland, 20852, Attention: NUCLEAR REGULATORY
getting-started.html. Once a participant Rulemaking and Adjudications Staff. COMMISSION
has obtained a digital ID certificate and Participants filing adjudicatory
a docket has been created, the documents in this manner are [NRC–2017–0052]
participant can then submit responsible for serving the document on Enforcement Discretion for Tornado-
adjudicatory documents. Submissions all other participants. Filing is Generated Missile Protection
must be in Portable Document Format considered complete by first-class mail Noncompliance, Revision 1
(PDF). Additional guidance on PDF as of the time of deposit in the mail, or
submissions is available on the NRC’s by courier, express mail, or expedited AGENCY: Nuclear Regulatory
public Web site at http://www.nrc.gov/ delivery service upon depositing the Commission.
site-help/electronic-sub-ref-mat.html. A document with the provider of the ACTION: Interim staff guidance; issuance.
filing is considered complete at the time service. A presiding officer, having
the document is submitted through the granted an exemption request from SUMMARY: The U.S. Nuclear Regulatory
NRC’s E-Filing system. To be timely, an using E-Filing, may require a participant Commission (NRC) is issuing Interim
electronic filing must be submitted to or party to use E-Filing if the presiding Staff Guidance (ISG), ‘‘Clarification of
the E-Filing system no later than 11:59 officer subsequently determines that the Licensee Actions in Receipt of
p.m. Eastern Time on the due date. reason for granting the exemption from Enforcement Discretion per
Upon receipt of a transmission, the use of E-Filing no longer exists. Enforcement Guidance Memorandum
E-Filing system time-stamps the Documents submitted in adjudicatory (EGM) 15–002, ‘Enforcement Discretion
document and sends the submitter an proceedings will appear in the NRC’s for Tornado-Generated Missile
email notice confirming receipt of the electronic hearing docket which is Protection Noncompliance,’ Revision
document. The E-Filing system also available to the public at https:// 1.’’ The revisions provide clarifying
distributes an email notice that provides adams.nrc.gov/ehd, unless excluded guidance to facilitate the NRC staff’s
access to the document to the NRC’s pursuant to an order of the Commission consistent oversight associated with
Office of the General Counsel and any or the presiding officer. If you do not implementing enforcement discretion
others who have advised the Office of have an NRC-issued digital ID certificate for tornado missile protection
the Secretary that they wish to as described above, click cancel when noncompliance(s) per EGM 15–002.
participate in the proceeding, so that the the link requests certificates and you DATES: The applicable date of the ISG is
filer need not serve the document on will be automatically directed to the
November 22, 2017.
those participants separately. Therefore, NRC’s electronic hearing dockets where
applicants and other participants (or you will be able to access any publicly ADDRESSES: Please refer to Docket ID
their counsel or representative) must available documents in a particular NRC–2017–0052 when contacting the
apply for and receive a digital ID hearing docket. Participants are NRC about the availability of
certificate before adjudicatory requested not to include personal information regarding this document.
documents are filed so that they can privacy information, such as social You may obtain publicly-available
obtain access to the documents via the security numbers, home addresses, or information related to this document
E-Filing system. personal phone numbers in their filings, using any of the following methods:
A person filing electronically using unless an NRC regulation or other law • Federal Rulemaking Web site: Go to
the NRC’s adjudicatory E-Filing system requires submission of such http://www.regulations.gov and search
may seek assistance by contacting the information. For example, in some for Docket ID NRC–2017–0052. Address
NRC’s Electronic Filing Help Desk instances, individuals provide home questions about NRC dockets to Carol
through the ‘‘Contact Us’’ link located addresses in order to demonstrate Gallagher, telephone: 301–415–3463;
on the NRC’s public Web site at http:// proximity to a facility or site. With email: Carol.Gallagher@nrc.gov. For
www.nrc.gov/site-help/e- respect to copyrighted works, except for technical questions, contact the
submittals.html, by email to limited excerpts that serve the purpose individual listed in the FOR FURTHER
MSHD.Resource@nrc.gov, or by a toll- of the adjudicatory filings and would INFORMATION CONTACT section of this
free call at 1–866–672–7640. The NRC constitute a Fair Use application, document.
Electronic Filing Help Desk is available participants are requested not to include • NRC’s Agencywide Documents
between 9 a.m. and 6 p.m., Eastern copyrighted materials in their Access and Management System
Time, Monday through Friday, submission. (ADAMS): You may obtain publicly-
asabaliauskas on DSKBBXCHB2PROD with NOTICES
excluding government holidays. For further details with respect to this available documents online in the
Participants who believe that they action, see the application for license ADAMS Public Documents collection at
have a good cause for not submitting amendment dated July 14, 2017. http://www.nrc.gov/reading-rm/
documents electronically must file an Attorney for licensee: Mr. M. Stanford adams.html. To begin the search, select
exemption request, in accordance with Blanton, Balch & Bingham LLP, 1710 ‘‘ADAMS Public Documents’’ and then
10 CFR 2.302(g), with their initial paper Sixth Avenue North, Birmingham, AL select ‘‘Begin Web-based ADAMS
filing stating why there is good cause for 35203–2015. Search.’’ For problems with ADAMS,
not filing electronically and requesting NRC Branch Chief: Jennifer L. Dixon- please contact the NRC’s Public
authorization to continue to submit Herrity. Document Room (PDR) reference staff at
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![55658 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices
1–800–397–4209, 301–415–4737, or by approach to extending the discretion. SUMMARY: The U.S. Nuclear Regulatory
email to pdr.resource@nrc.gov. The ISG, The revisions to this ISG also revise Commission (NRC) staff has determined
‘‘Clarification of Licensee Actions in provisions concerning reportability that the inspections, tests, and analyses
Receipt of Enforcement Discretion requirements under § 50.72 of title 10 of have been successfully completed, and
Memorandum 15–002, ‘‘Enforcement the Code of Federal Regulations (10 that the specified acceptance criteria are
Discretion for Tornado-Generated CFR), discusses enforcement discretion met for the Vogtle Electric Generating
Missile Protection Noncompliance,’’ for long-term design non conformances, Plant (VEGP), Units 3 and 4.
Revision 1, is available in ADAMS and reinforces the need for licensees to DATES: The applicable date for
under Accession No. ML17128A344. follow the corrective action program determining successful completion of
Enforcement Guidance Memorandum, when dispositioning the impact of inspections, tests, and analyses for
EGM 15–002, ‘‘Enforcement Discretion identified tornado missile non- VEGP Units 3 and 4 is November 22,
for Tornado-Generated Missile conformances on operability. This 2017.
Protection Noncompliance,’’ Revision 1 revised ISG will expire with the ADDRESSES: Please refer to Docket ID
is available in ADAMS under Accession expiration of EGM 15–002, Revision 1. NRC–2008–0252 when contacting the
No. ML16355A286. NRC about the availability of
II. Backfit Discussion
• NRC’s PDR: You may examine and information regarding this document.
purchase copies of public documents at Issuance of this ISG in final form does
You may obtain publicly-available
the NRC’s PDR, Room O1–F21, One not constitute backfitting as defined in
information related to this document
White Flint North, 11555 Rockville 10 CFR 50.109 (the Backfit Rule). As
using any of the following methods:
Pike, Rockville, Maryland 20852. discussed in the ‘‘Backfitting’’ section of • Federal Rulemaking Web site: Go to
FOR FURTHER INFORMATION CONTACT: DSS–ISG- 2016–001, Revision 1, this http://www.regulations.gov and search
James Hickey, Office of Nuclear Reactor ISG contains guidance for the NRC staff for Docket ID NRC–2008–0252. Address
Regulation, U.S. Nuclear Regulatory for implementing EGM–15–002. This questions about NRC dockets to Carol
Commission, Washington DC 20555– ISG does not constitute backfitting as Gallagher; telephone: 301–415–3463;
0001; telephone: 301–415–2180, email: defined in the Backfit Rule and is not email: Carol.Gallagher@nrc.gov. For
James.Hickey@nrc.gov. otherwise inconsistent with the issue technical questions, contact the
finality provisions in 10 CFR part 52, individual listed in the FOR FURTHER
SUPPLEMENTARY INFORMATION: The NRC
and the NRC staff did not prepare a INFORMATION CONTACT section of this
published a Federal Register notice
backfit analysis. This because this ISG document.
requesting public comment on this
interim staff guidance (ISG) on February
requires no response by licensees, and • NRC’s Agencywide Documents
concerns only NRC staff implementation Access and Management System
23, 2017 (82 FR 11483). The agency
of enforcement discretion pursuant to (ADAMS): You may obtain publicly-
received five total comments. The NRC
EGM–15–002. available documents online in the
considered the comments, which
resulted in no changes to the ISG. The III. Congressional Review Act ADAMS Public Documents collection at
evaluation of these comments is http://www.nrc.gov/reading-rm/
This ISG is a rule as defined in the adams.html. To begin the search, select
discussed in the last appendix of the Congressional Review Act (5 U.S.C.
ISG. ‘‘ADAMS Public Documents’’ and then
801–808). However, the Office of select ‘‘Begin Web-based ADAMS
I. Background Management and Budget has not found Search.’’ For problems with ADAMS,
it to be a major rule as defined in the please contact the NRC’s Public
The Office of Nuclear Reactor Congressional Review Act.
Regulation (NRR), Division of Risk Document Room (PDR) reference staff at
Analysis (DRA) completed a generic Dated at Rockville, Maryland, this 16th day 1–800–397–4209, 301–415–4737, or by
bounding risk analysis (ADAMS of November, 2017. email to pdr.resource@nrc.gov. The
Accession No. ML14114A556) that For the Nuclear Regulatory Commission. ADAMS accession number for each
concluded that the issues associated Alexander H. Schwab, document referenced (if it is available in
with the inoperability of a Structure, Project Manager, ROP Support and Generic ADAMS) is provided the first time that
System, or Component due to a tornado- Communications Branch, Division of it is mentioned in this document.
generated missile are likely to be of low Inspection and Regional Support, Office of • NRC’s PDR: You may examine and
risk significance, and do not require Nuclear Reactor Regulation. purchase copies of public documents at
immediate plant shutdown. Based on [FR Doc. 2017–25271 Filed 11–21–17; 8:45 am] the NRC’s PDR, Room O1–F21, One
the conclusions of the NRR/DRA BILLING CODE 7590–01–P White Flint North, 11555 Rockville
analysis, the staff issued EGM 15–002, Pike, Rockville, Maryland 20852.
dated June 10, 2015. In its FOR FURTHER INFORMATION CONTACT:
implementation of EGM 15–002, the NUCLEAR REGULATORY Chandu Patel, Office of New Reactors,
NRC staff found that additional COMMISSION U.S. Nuclear Regulatory Commission,
refinements are needed to address [Docket Nos. 52–025 and 52–026; NRC– Washington, DC 20555–0001; telephone:
reportability, enforcement of long 2008–0252] 301–415–3025; email: Chandu.Patel@
standing design issues, and the duration nrc.gov.
of the enforcement discretion resulting Southern Nuclear Operating Company, SUPPLEMENTARY INFORMATION:
Inc., Vogtle Electric Generating Plant,
asabaliauskas on DSKBBXCHB2PROD with NOTICES
from all the non-conforming conditions
being assessed together. As a result, the Units 3 and 4, Inspections, Tests, I. Licensee Notification of Completion
staff issued EGM 15–002, Revision 1, Analyses, and Acceptance Criteria of ITAAC
dated February 7, 2017. AGENCY: Nuclear Regulatory Southern Nuclear Operating
This revised ISG adds additional Commission. Company, Inc. (SNC), Georgia Power
information for inspection and review Company, Oglethorpe Power
ACTION: Determination of the successful
staff to support implementation of the Corporation, MEAG Power SPVM, LLC.,
completion of inspections, tests, and
changes made in EGM 15–002, Revision MEAG Power SPVJ, LLC., MEAG Power
analyses.
1. This revised ISG provides an SPVP, LLC., and the City of Dalton,
VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1](https://thefederalregister.org/doc/82_FR_55881/page/2.svg)
Document Created: 2017-11-22 00:48:51
Document Modified: 2017-11-22 00:48:51
| 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 | Interim staff guidance; issuance. | |
| Dates | The applicable date of the ISG is November 22, 2017. | |
| 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 55657 |
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