83 FR 45992 - Proposed Revisions to Standard Review Plan Section 13.6, Physical Security
NUCLEAR REGULATORY COMMISSION Federal Register Volume 83, Issue 176 (September 11, 2018)
Federal Register Volume 83, Issue 176 (September 11, 2018)
| Page Range | 45992-45993 | |
| FR Document | 2018-19684 |
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)] [Notices] [Pages 45992-45993] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19684] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2018-0197] Proposed Revisions to Standard Review Plan Section 13.6, Physical Security 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, ``Physical Security.'' This section has been updated to reflect the latest NRC guidance concerning physical security. DATES: Comments must be filed no later than November 13, 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-2018-0197. Address questions about NRC dockets to Jennifer Borges; telephone: 301-287- 9127; email: [email protected]. 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: [email protected]. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2018-0197 when contacting the NRC about the availability of information for this [[Page 45993]] 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-2018-0197. 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 ``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]. 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-2018-0197 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 Standard Review Plan (SRP)-draft section revision of Section 13.6, ``Physical Security.'' The changes made in this revision to this section reflect the latest NRC guidance concerning physical security. Following NRC staff evaluation of public comments, the NRC intends to finalize SRP Section 13.6, ``Physical Security,'' Revision 4 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, if finalized, would not constitute backfitting as defined in section 50.109 of title 10 of the Code of Federal Regulations (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 do not constitute backfitting, inasmuch as the SRP is guidance directed to the NRC staff with respect to its 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 guidance intended for use by only the staff are not matters that constitute backfitting as that term is defined in 10 CFR 50.109(a)(1) or involve the issue finality provisions of 10 CFR part 52. 2. Backfitting and issue finality--with certain exceptions discussed below--do not apply to current or future applicants. Applicants and potential applicants are not, with certain exceptions, the subject of 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 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 a 10 CFR part 50 operating license applicant references a construction permit or a 10 CFR part 52 combined license applicant references a license (e.g., an early site permit) and/or NRC regulatory approval (e.g., a design certification rule) for which specified issue finality provisions apply. The NRC staff does not, at this time, intend to impose the positions represented in this draft SRP section in a manner that constitutes backfitting or is inconsistent with any issue finality provision of 10 CFR part 52. If, in the future, the staff seeks to impose a position in this draft SRP section in a manner that would constitute backfitting or be inconsistent with these issue finality provisions, the NRC staff must make the showing as set forth in the Backfit rule or address the regulatory criteria set forth in the applicable issue finality provision, as applicable, that would allow the staff to impose the position. 3. The NRC staff has no intention to impose the SRP positions on existing nuclear power plant licensees either now or in the future (absent a voluntary request for a change from the licensee, holder of a regulatory approval or a design certification applicant). The NRC staff does not intend to impose or apply the positions described in the draft SRP to existing (already issued) licenses (e.g., operating licenses and combined licenses) and regulatory approvals. Hence, the issuance of this SRP guidance--even if considered guidance subject to the Backfit Rule or 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 these 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 would constitute backfitting or does not provide issue finality as described in the applicable issue finality provision, then the staff must make a showing as set forth in the Backfit Rule or address the criteria set forth in the applicable issue finality provision, as applicable, that would allow the staff to impose the position. Dated at Rockville, Maryland, this 6th day of September 2018. For the Nuclear Regulatory Commission. Jennivine K. Rankin, Acting Chief, Division of Licensing, Siting, and Environmental Analysis, Licensing Branch 3, Office of New Reactors. [FR Doc. 2018-19684 Filed 9-10-18; 8:45 am] BILLING CODE 7590-01-P
![45992 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices
No. ML18191B091; documents related The Commission’s related evaluation NUCLEAR REGULATORY
to this amendment are listed in the of the amendment is contained in the COMMISSION
Safety Evaluation enclosed with the Safety Evaluation dated July 12, 2018.
[NRC–2018–0197]
amendment. No significant hazards consideration
Facility Combined Licenses No. NPF– comments received: No. Proposed Revisions to Standard
91 and NPF–92: Amendment revised the Review Plan Section 13.6, Physical
Facility Combined Licenses. Tennessee Valley Authority, Docket No. Security
Date of initial notice in Federal 50–390, Watts Bar Nuclear Plant (WBN),
Register: May 22, 2018 (83 FR 23728). Unit 1, Rhea County, Tennessee AGENCY: Nuclear Regulatory
The Commission’s related evaluation Commission.
of the amendment is contained in the Date of amendment request: July 8, ACTION: Standard review plan-draft
Safety Evaluation dated August 7, 2018. 2018, as supplemented by letters dated section revision; request for comment.
No significant hazards consideration July 24 and July 30, 2018.
comments received: No. Brief description of amendment: The SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is soliciting public
Southern Nuclear Operating Company, amendment extended Technical
comment on draft NUREG–0800,
Docket Nos. 52–025 and 52–026, Vogtle Specification (TS) Surveillance
‘‘Standard Review Plan for the Review
Electric Generating Plant (VEGP), Units Requirements (SRs) 3.3.1.5, 3.3.2.2, and of Safety Analysis Reports for Nuclear
3 and 4, Burke County, Georgia 3.3.6.2 by revising the WBN, Unit 1, TS Power Plants: LWR Edition,’’ Section
SR 3.0.2 and certain SRs in Table SR 13.6, ‘‘Physical Security.’’ This section
Date of amendment request: January 3.0.2–1.
31, 2018, as supplemented by letter has been updated to reflect the latest
dated May 2, 2018. Date of issuance: August 16, 2018. NRC guidance concerning physical
Description of amendment: The Effective date: As of the date of security.
amendment revises the VEGP Units 3 issuance and shall be implemented DATES: Comments must be filed no later
and 4 combined license (COL) immediately. than November 13, 2018. Comments
Appendix A, Technical Specification Amendment No.: 121. A publicly- received after this date will be
(TS) related to Pressurizer Safety Valve considered, if it is practical to do so, but
available version is in ADAMS under
(PSV) operability. The amendment the Commission is able to ensure
Accession No. ML18204A252;
changes TS 3.4.6, ‘‘PSV Applicability’’ consideration only for comments
documents related to this amendment
to require the PSV to be operable when received on or before this date.
the TS 3.4.14, ‘‘Low Temperature are listed in the Safety Evaluation
ADDRESSES: You may submit comments
Overpressure Protection,’’ is not enclosed with the amendment.
by any of the following methods:
required to be operable. A conforming Facility Operating License No. NPF– • Federal Rulemaking Website: Go to
change is made to the TS 3.4.6 Actions. 90: The amendment revised the Facility http://www.regulations.gov and search
Additional TS changes necessary to Operating License and TSs. for Docket ID NRC–2018–0197. Address
support PSV operability are made for Date of initial notice in Federal questions about NRC dockets to Jennifer
consistency with the TS 3.4.6. The Register: July 16, 2018 (83 FR 32912). Borges; telephone: 301–287–9127;
amendment also approves moving TS The supplemental letters dated July 24 email: Jennifer.Borges@nrc.gov. For
Limiting Condition for Operation Notes technical questions, contact the
and July 30, 2018, provided additional
regarding reactor coolant pump starts individual listed in the FOR FURTHER
information that clarified the
from TS 3.4.4, ‘‘Reactor Coolant System INFORMATION CONTACT section of this
application, did not expand the scope of
(RCS) Loops, 3.4.8, ‘‘Minimum RCS document.
the application as originally notified,
Flow,’’ and 3.4.14 to TS 3.4.3, ‘‘RCS
and did not change the NRC staff’s • Mail comments to: May Ma, Office
Pressure/Temperature Limits.’’ of Administration, Mail Stop: TWFN–7–
Date of issuance: July 12, 2018. proposed no significant hazards
A60M, U.S. Nuclear Regulatory
Effective date: As of the date of consideration determination as
Commission, Washington, DC 20555–
issuance and shall be implemented published in the Federal Register.
0001.
within 30 days of issuance. The Commission’s related evaluation For additional direction on obtaining
Amendment Nos.: 133 (Unit 3) and of the amendment and final information and submitting comments,
132 (Unit 4). A publicly-available determination of no significant hazards see ‘‘Obtaining Information and
version is in ADAMS under Accession consideration is contained in a Safety Submitting Comments’’ in the
No. ML18159A437; documents related Evaluation dated August 16, 2018. SUPPLEMENTARY INFORMATION section of
to this amendment are listed in the this document.
No significant hazards consideration
Safety Evaluation enclosed with the FOR FURTHER INFORMATION CONTACT:
comments received: No.
amendment. Mark D. Notich, Office of New Reactors,
Facility Combined Licenses Nos. NPF– Dated at Rockville, Maryland, this 31st day U.S. Nuclear Regulatory Commission,
91 and NPF–92: Amendment revised the of August 2018.
Washington, DC 20555–0001; telephone:
Facility COL. For the Nuclear Regulatory Commission. 301–415–3053, email: Mark.Notich@
Date of Initial Notice in Federal Kathryn M. Brock, nrc.gov.
Register: March 13, 2018 (83 FR Deputy Director, Division of Operating
10922). The supplement dated May 2, SUPPLEMENTARY INFORMATION:
Reactor Licensing, Office of Nuclear Reactor
daltland on DSKBBV9HB2PROD with NOTICES
2018, provided additional information Regulation. I. Obtaining Information and
that clarified the application, did not [FR Doc. 2018–19419 Filed 9–10–18; 8:45 am] Submitting Comments
expand the scope of the application as
originally noticed, and did not change
BILLING CODE 7590–01–P A. Obtaining Information
the NRC staff’s original proposed no Please refer to Docket ID NRC–2018–
significant hazards consideration 0197 when contacting the NRC about
determination. the availability of information for this
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![Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 45993
action. You may obtain publicly- SRP is not a substitute for the NRC applicable, that would allow the staff to
available information related to this regulations, and compliance with the impose the position.
action by any of the following methods: SRP is not required. 3. The NRC staff has no intention to
• Federal Rulemaking Website: Go to impose the SRP positions on existing
http://www.regulations.gov and search III. Backfitting and Issue Finality nuclear power plant licensees either
for Docket ID NRC–2018–0197. Issuance of this draft SRP, if finalized, now or in the future (absent a voluntary
• NRC’s Agencywide Documents would not constitute backfitting as request for a change from the licensee,
Access and Management System defined in section 50.109 of title 10 of holder of a regulatory approval or a
(ADAMS): You may obtain publicly- the Code of Federal Regulations (10 design certification applicant).
available documents online in the CFR) (the Backfit Rule) or otherwise be The NRC staff does not intend to
ADAMS Public Documents collection at inconsistent with the issue finality impose or apply the positions described
http://www.nrc.gov/reading-rm/ provisions in 10 CFR part 52. The NRC’s in the draft SRP to existing (already
adams.html. To begin the search, select position is based upon the following issued) licenses (e.g., operating licenses
‘‘Begin Web-based ADAMS Search.’’ For considerations: and combined licenses) and regulatory
problems with ADAMS, please contact 1. The draft SRP positions do not approvals. Hence, the issuance of this
the NRC’s Public Document Room (PDR) constitute backfitting, inasmuch as the SRP guidance—even if considered
reference staff at 1–800–397–4209, 301– SRP is guidance directed to the NRC guidance subject to the Backfit Rule or
415–4737, or by email to pdr.resource@ staff with respect to its regulatory the issue finality provisions in 10 CFR
nrc.gov. responsibilities. part 52—would not need to be evaluated
• NRC’s PDR: You may examine and The SRP provides internal guidance as if it were a backfit or as being
purchase copies of public documents at to the NRC staff on how to review an inconsistent with these issue finality
the NRC’s PDR, Room O1–F21, One application for NRC regulatory approval provisions. If, in the future, the NRC
White Flint North, 11555 Rockville in the form of licensing. Changes in staff seeks to impose a position in the
Pike, Rockville, Maryland 20852. guidance intended for use by only the SRP on holders of already issued
B. Submitting Comments staff are not matters that constitute licenses in a manner that would
backfitting as that term is defined in 10 constitute backfitting or does not
Please include Docket ID NRC–2018– provide issue finality as described in the
CFR 50.109(a)(1) or involve the issue
0197 in your comment submission. applicable issue finality provision, then
finality provisions of 10 CFR part 52.
The NRC cautions you not to include the staff must make a showing as set
identifying or contact information that 2. Backfitting and issue finality—with
certain exceptions discussed below—do forth in the Backfit Rule or address the
you do not want to be publicly criteria set forth in the applicable issue
disclosed in your comment submission. not apply to current or future
applicants. finality provision, as applicable, that
The NRC will post all comment would allow the staff to impose the
submissions at http:// Applicants and potential applicants
are not, with certain exceptions, the position.
www.regulations.gov as well as enter the
comment submissions into ADAMS. subject of either the Backfit Rule or any Dated at Rockville, Maryland, this 6th day
issue finality provisions under 10 CFR of September 2018.
The NRC does not routinely edit
comment submissions to remove part 52. This is because neither the For the Nuclear Regulatory Commission.
identifying or contact information. Backfit Rule nor the issue finality Jennivine K. Rankin,
If you are requesting or aggregating provisions under 10 CFR part 52 were Acting Chief, Division of Licensing, Siting,
comments from other persons for intended to apply to every NRC action and Environmental Analysis, Licensing
submission to the NRC, then you should that substantially changes the Branch 3, Office of New Reactors.
inform those persons not to include expectations of current and future [FR Doc. 2018–19684 Filed 9–10–18; 8:45 am]
identifying or contact information that applicants. BILLING CODE 7590–01–P
they do not want to be publicly The exceptions to the general
disclosed in their comment submission. principle are applicable whenever a 10
Your request should state that the NRC CFR part 50 operating license applicant NUCLEAR REGULATORY
does not routinely edit comment references a construction permit or a 10 COMMISSION
submissions to remove such information CFR part 52 combined license applicant
references a license (e.g., an early site Meeting of the Advisory Committee on
before making the comment
permit) and/or NRC regulatory approval Reactor Safeguards Subcommittee on
submissions available to the public or
(e.g., a design certification rule) for Plant License Renewal
entering the comment into ADAMS.
which specified issue finality provisions The ACRS Subcommittee on Plant
II. Further Information apply. License Renewal will hold a meeting on
The NRC seeks public comment on The NRC staff does not, at this time, September 20, 2018 at U.S. Nuclear
the proposed Standard Review Plan intend to impose the positions Regulatory Commission, 11545
(SRP)-draft section revision of Section represented in this draft SRP section in Rockville Pike, Room T–2B1, Rockville,
13.6, ‘‘Physical Security.’’ The changes a manner that constitutes backfitting or Maryland 20852.
made in this revision to this section is inconsistent with any issue finality The entire meeting will be open to
reflect the latest NRC guidance provision of 10 CFR part 52. If, in the public attendance. The agenda for the
concerning physical security. future, the staff seeks to impose a subject meeting shall be as follows:
Following NRC staff evaluation of position in this draft SRP section in a
daltland on DSKBBV9HB2PROD with NOTICES
public comments, the NRC intends to manner that would constitute Thursday, September 20, 2018, 1 p.m.
finalize SRP Section 13.6, ‘‘Physical backfitting or be inconsistent with these Until 5 p.m.
Security,’’ Revision 4 in ADAMS and issue finality provisions, the NRC staff The Subcommittee will conduct a
post it on the NRC’s public website at must make the showing as set forth in briefing on the River Bend Nuclear
http://www.nrc.gov/reading-rm/doc- the Backfit rule or address the Generating Station Unit 1 License
collections/nuregs/staff/sr0800/. The regulatory criteria set forth in the Renewal Application. The
SRP is guidance for the NRC staff. The applicable issue finality provision, as Subcommittee will hear presentations
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Document Created: 2018-09-11 01:03:16
Document Modified: 2018-09-11 01:03:16
| 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 November 13, 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 45992 |
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