83 FR 32690 - Proposed Revisions to Branch Technical Position 5-3; Fracture Toughness Requirements
NUCLEAR REGULATORY COMMISSION Federal Register Volume 83, Issue 135 (July 13, 2018)
Federal Register Volume 83, Issue 135 (July 13, 2018)
| Page Range | 32690-32691 | |
| FR Document | 2018-15035 |
[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)] [Notices] [Pages 32690-32691] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15035] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2018-0145] Proposed Revisions to Branch Technical Position 5-3; Fracture Toughness Requirements 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 BTP 5-3, ``Fracture Toughness Requirements.'' The NRC seeks comments on the proposed draft section revision of the Standard Review Plan (SRP) concerning guidance for the review of early site permits, combined construction and operating license and operating license applications and amendments for fracture toughness requirements. DATES: Comments must be filed no later than September 11, 2018. 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0145. Address questions about NRC dockets to Jennifer Borges; telephone: 301-287- 9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. Mail Comments to: May Ma, Office of Administration, Mail Stop: TWFN-7-A60M, 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: Mark D. Notich, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-3053; email: Mark.Notich@nrc.gov. SUPPLEMENTARY INFORMATION: [[Page 32691]] I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2018-0145 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0145. 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 pdr.resource@nrc.gov. The draft revision and current revision to NUREG-0800, Section BTP 5-3, ``Fracture Toughness Requirements'' is available in ADAMS under Accession No. ML18071A066 and ML070850035. The redline-strikeout version comparing the draft revision 3 and the current version of revision 2 is available in ADAMS under Accession No. ML18130A401. 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-2018-0145 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 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 BTP 5-3. The changes include incorporation of text describing NRC review of potential non-conservatisms in BTP 5-3, Revision 2, Subsection B1.1; a reference to a memorandum describing the results of the NRC review of the potential non-conservatisms; and numerous textual updates to incorporate pressure-temperature limit reports, 10 CFR 50.61a, 10 CFR part 52, ``Licenses, Certifications, and Approvals for Nuclear Power Plants,'' clearer citations, and nozzle language. Following NRC staff evaluation of public comments, the NRC intends to finalize SRP Section BTP 5-3 in ADAMS and post it on the NRC's public website at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/. 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, (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 internal 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 intention 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 within the purview of the issue finality provisions in 10 CFR part 52, would not need to 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 that does not provide issue finality as described in the applicable issue finality provision, then the 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 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) 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 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 staff must address the criteria for avoiding issue finality as described in the applicable issue finality provision. Dated at Rockville, Maryland, this 10th day of July, 2018. For the Nuclear Regulatory Commission. Jennivine K. Rankin, Acting Chief, Licensing Branch 3, Division of Licensing, Siting, and Environmental Analysis, Office of New Reactors. [FR Doc. 2018-15035 Filed 7-12-18; 8:45 am] BILLING CODE 7590-01-P
![32690 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices
finance; perceived risks and phone and email address) of the NUCLEAR REGULATORY
opportunities in MCC partner countries; individual under consideration; COMMISSION
and evolving approaches to working in • A letter, on organization letterhead,
developing country contexts. The containing a brief description of why [NRC–2018–0145]
Advisory Council provides a platform the nominee should be considered for
for systematic engagement with the Proposed Revisions to Branch
membership;
private sector and contributes to MCC’s Technical Position 5–3; Fracture
mission—to reduce poverty through • Short biography of nominee Toughness Requirements
sustainable, economic growth. MCC including professional and academic
uses this advice, information and credentials. AGENCY: Nuclear Regulatory
recommendations to inform compact Please do not send company, trade Commission.
development and implementation, and association, or organization brochures or ACTION: Standard review plan-draft
broaden public and private sector any other information. Materials section revision; request for comment.
partnerships for more impact and submitted should total two pages or
leverage. The MCC Vice President of the SUMMARY: The U.S. Nuclear Regulatory
less. Should more information be Commission (NRC) is soliciting public
Department of Compact Operations needed, MCC staff will contact the
affirms that the Advisory Council is comment on draft NUREG–0800,
nominee, obtain information from the ‘‘Standard Review Plan for the Review
necessary and in the public interest.
nominee’s past affiliations, or obtain of Safety Analysis Reports for Nuclear
The Advisory Council is seeking information from publicly available
members representing a diverse group of Power Plants: LWR Edition,’’ Section
sources. BTP 5–3, ‘‘Fracture Toughness
private sector organizations with
expertise in infrastructure, business and All members of the Advisory Council Requirements.’’ The NRC seeks
finance and technology, particularly in will be independent of the agency, comments on the proposed draft section
the countries and regions where MCC representing the views and interests of revision of the Standard Review Plan
operates. Additional information about their respective industry or area of (SRP) concerning guidance for the
MCC and its portfolio can be found at expertise, and not as Special review of early site permits, combined
www.mcc.gov. Government employees. All Members construction and operating license and
shall serve without compensation. operating license applications and
DATES: Nominations for Advisory
amendments for fracture toughness
Council members must be received on Nominees selected for appointment to requirements.
or before 5 p.m. EDT on August 10, the Advisory Council will be notified by
2018. Further information about the return email and receive a letter of DATES: Comments must be filed no later
nomination process is included below. appointment. A selection team than September 11, 2018. Comments
MCC plans to host the first meeting of comprised of representatives from received after this date will be
the 2018–2020 term of the MCC several MCC departments will review considered, if it is practical to do so, but
Advisory Council in Fall 2018. The the Commission is able to ensure
the nomination packages. The selection
Council will meet at least two times a consideration only for comments
team will make recommendations
year in Washington, DC or via video/ received on or before this date.
regarding membership to the Vice
teleconferencing. President for Compact Operations based ADDRESSES: You may submit comments
FOR FURTHER INFORMATION CONTACT: All on criteria including: (1) Professional or by any of the following methods:
nomination materials or requests for academic expertise, experience, and • Federal Rulemaking Website: Go to
additional information should be http://www.regulations.gov and search
knowledge; (2) stakeholder
emailed to MCCAdvisoryCouncil@ for Docket ID NRC–2018–0145. Address
representation; (3) availability and
mcc.gov or mailed to Millennium questions about NRC dockets to Jennifer
willingness to serve; and (4) skills
Challenge Corporation, Attn: Beth Borges; telephone: 301–287–9127;
working collaboratively on committees email: Jennifer.Borges@nrc.gov. For
Roberts, Designated Federal Officer, and advisory panels. Based upon the
MCC Advisory Council, 1099 14th St. technical questions, contact the
selection team’s recommendations, the individual listed in the FOR FURTHER
NW, Suite 700, Washington, DC 20005. Vice President for Compact Operations INFORMATION CONTACT section of this
SUPPLEMENTARY INFORMATION: The will select representatives. In the document.
Advisory Council shall consist of not selection of members for the Advisory • Mail Comments to: May Ma, Office
more than twenty-five (25) individuals Council, MCC will seek to ensure a of Administration, Mail Stop: TWFN–7–
who are recognized thought leaders, balanced representation and consider a A60M, U.S. Nuclear Regulatory
business leaders and experts cross-section of those directly affected, Commission, Washington, DC 20555–
representing US companies, the interested, and qualified, as appropriate 0001.
business community, advocacy to the nature and functions of the For additional direction on obtaining
organizations, non-profit organizations, Advisory Council. information and submitting comments,
foundations, and sectors including see ‘‘Obtaining Information and
infrastructure, information and Nominations are open to all
individuals without regard to race, Submitting Comments’’ in the
communications technology (ICT), and SUPPLEMENTARY INFORMATION section of
finance, as well as the environment and color, religion, sex, national origin, age,
mental or physical disability, marital this document.
sustainable development. Qualified
sradovich on DSK3GMQ082PROD with NOTICES
individuals may self-nominate or be status, or sexual orientation. FOR FURTHER INFORMATION CONTACT:
nominated by any individual or Mark D. Notich, Office of New Reactors,
Thomas G. Hohenthaner, U.S. Nuclear Regulatory Commission,
organization. To be considered for the
Advisory Council, nominators should VP/General Counsel and Corporate Secretary Washington DC 20555–0001; telephone:
(Acting), Millennium Challenge Corporation. 301–415–3053; email: Mark.Notich@
submit the following information:
• Name, title, organization and [FR Doc. 2018–15053 Filed 7–12–18; 8:45 am] nrc.gov.
relevant contact information (including BILLING CODE 9211–03–P SUPPLEMENTARY INFORMATION:
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![Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 32691
I. Obtaining Information and submissions available to the public or backfit or as being inconsistent with
Submitting Comments entering the comment into ADAMS. issue finality provisions. If, in the
future, the NRC staff seeks to impose a
A. Obtaining Information II. Further Information
position in the SRP on holders of
Please refer to Docket ID NRC–2018– The NRC seeks public comment on already issued licenses in a manner that
0145 when contacting the NRC about the proposed draft section revision of does not provide issue finality as
the availability of information for this SRP Section BTP 5–3. The changes described in the applicable issue finality
action. You may obtain publicly- include incorporation of text describing provision, then the staff must make the
available information related to this NRC review of potential non- showing as set forth in the Backfit Rule
action by any of the following methods: conservatisms in BTP 5–3, Revision 2, or address the criteria for avoiding issue
• Federal Rulemaking Website: Go to Subsection B1.1; a reference to a finality as described in the applicable
http://www.regulations.gov and search memorandum describing the results of issue finality provision.
for Docket ID NRC–2018–0145. the NRC review of the potential non- 3. Backfitting and issue finality do
• NRC’s Agencywide Documents conservatisms; and numerous textual not—with limited exceptions not
Access and Management System updates to incorporate pressure- applicable here—protect current or
(ADAMS): You may obtain publicly- temperature limit reports, 10 CFR future applicants.
available documents online in the 50.61a, 10 CFR part 52, ‘‘Licenses, Applicants and potential applicants
ADAMS Public Documents collection at Certifications, and Approvals for are not, with certain exceptions,
http://www.nrc.gov/reading-rm/ Nuclear Power Plants,’’ clearer citations, protected by either the Backfit Rule or
adams.html. To begin the search, select and nozzle language. any issue finality provisions under 10
‘‘ADAMS Public Documents’’ and then Following NRC staff evaluation of CFR part 52. This is because neither the
select ‘‘Begin Web-based ADAMS public comments, the NRC intends to Backfit Rule nor the issue finality
Search.’’ For problems with ADAMS, finalize SRP Section BTP 5–3 in provisions under 10 CFR part 52—with
please contact the NRC’s Public ADAMS and post it on the NRC’s public certain exclusions discussed below—
Document Room (PDR) reference staff at website at http://www.nrc.gov/reading- were intended to apply to every NRC
1–800–397–4209, 301–415–4737, or by rm/doc-collections/nuregs/staff/sr0800/. action that substantially changes the
email to pdr.resource@nrc.gov. The draft The SRP is guidance for the NRC staff. expectations of current and future
revision and current revision to The SRP is not a substitute for the NRC applicants.
NUREG–0800, Section BTP 5–3, regulations, and compliance with the The exceptions to the general
‘‘Fracture Toughness Requirements’’ is SRP is not required. principle are applicable whenever an
available in ADAMS under Accession III. Backfitting and Issue Finality applicant references a 10 CFR part 52
No. ML18071A066 and ML070850035. license (e.g., an early site permit) and/
Issuance of this draft SRP section, if
The redline-strikeout version comparing or NRC regulatory approval (e.g., a
finalized, would not constitute
the draft revision 3 and the current design certification rule) with specified
backfitting as defined in 10 CFR 50.109,
version of revision 2 is available in issue finality provisions. The NRC staff
(the Backfit Rule) or otherwise be
ADAMS under Accession No. does not, at this time, intend to impose
inconsistent with the issue finality
ML18130A401. the positions represented in the draft
provisions in 10 CFR part 52. The NRC’s
• NRC’s PDR: You may examine and position is based upon the following
SRP in a manner that is inconsistent
purchase copies of public documents at with any issue finality provisions. If, in
considerations.
the NRC’s PDR, Room O1–F21, One 1. The draft SRP positions, if the future, the staff seeks to impose a
White Flint North, 11555 Rockville finalized, would not constitute position in the draft SRP in a manner
Pike, Rockville, Maryland 20852. backfitting, inasmuch as the SRP is which does not provide issue finality as
internal guidance to NRC staff directed described in the applicable issue finality
B. Submitting Comments provisions, then the staff must address
at the NRC staff with respect to their
Please include Docket ID NRC–2018– regulatory responsibilities. the criteria for avoiding issue finality as
0145 in your comment submission. The SRP provides internal guidance described in the applicable issue finality
The NRC cautions you not to include to the NRC staff on how to review an provision.
identifying or contact information that application for NRC regulatory approval Dated at Rockville, Maryland, this 10th day
you do not want to be publicly in the form of licensing. Changes in of July, 2018.
disclosed in your comment submission. internal staff guidance are not matters For the Nuclear Regulatory Commission.
The NRC will post all comment for which either nuclear power plant Jennivine K. Rankin,
submissions at http:// applicants or licensees are protected Acting Chief, Licensing Branch 3, Division
www.regulations.gov as well as enter the under either the Backfit Rule or the of Licensing, Siting, and Environmental
comment submissions into ADAMS. issue finality provisions of 10 CFR part Analysis, Office of New Reactors.
The NRC does not routinely edit 52. [FR Doc. 2018–15035 Filed 7–12–18; 8:45 am]
comment submissions to remove 2. The NRC staff has no intention to BILLING CODE 7590–01–P
identifying or contact information. impose the SRP positions on current
If you are requesting or aggregating licensees or already-issued regulatory
comments from other persons for approvals either now or in the future. NUCLEAR REGULATORY
submission to the NRC, then you should The NRC staff does not intend to COMMISSION
inform those persons not to include impose or apply the positions described
sradovich on DSK3GMQ082PROD with NOTICES
identifying or contact information that in the draft SRP to existing (already [Docket No. 50–333; NRC–2018–0143]
they do not want to be publicly issued) licenses and regulatory Exelon Generation Company, LLC;
disclosed in their comment submission. approvals. Hence, the issuance of a final James A. FitzPatrick Nuclear Power
Your request should state that the NRC SRP, even if considered guidance within Plant
does not routinely edit comment the purview of the issue finality
submissions to remove such information provisions in 10 CFR part 52, would not AGENCY:Nuclear Regulatory
before making the comment need to be evaluated as if it were a Commission.
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Document Created: 2018-07-13 01:05:01
Document Modified: 2018-07-13 01:05:01
| 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 September 11, 2018. 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, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-3053; email: [email protected] | |
| FR Citation | 83 FR 32690 |
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