83_FR_49328 83 FR 49139 - Proposed Revisions to Standard Review Plan Section 2.5.3, Surface Deformation

83 FR 49139 - Proposed Revisions to Standard Review Plan Section 2.5.3, Surface Deformation

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 189 (September 28, 2018)

Page Range49139-49141
FR Document2018-21165

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 2.5.3, ``Surface Deformation.'' SRP Section 2.5.3, Surface Deformation, was last updated in 2014. This proposed update to the SRP focuses on risk-informing the staff's review in this area on the potential for tectonic or non-tectonic surface deformation that could adversely affect the safe operation of a nuclear power plant at the proposed site.

Federal Register, Volume 83 Issue 189 (Friday, September 28, 2018)
[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Notices]
[Pages 49139-49141]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21165]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2018-0178]


Proposed Revisions to Standard Review Plan Section 2.5.3, Surface 
Deformation

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 2.5.3, ``Surface Deformation.'' SRP Section 2.5.3, 
Surface Deformation, was last updated in 2014. This proposed update to 
the SRP focuses on risk-informing the staff's review in this area on 
the potential for tectonic or non-tectonic surface deformation that 
could adversely affect the safe operation of a nuclear power plant at 
the proposed site.

DATES: Comments must be filed no later than October 29, 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-2018-0178. 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, 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-2018-0178 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-2018-0178.
     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 2.5.3, 
``Surface Deformation'' are available in ADAMS under Accession Nos. 
ML18183A044 and ML13316C064, respectively. The redline-strikeout 
version comparing the draft Revision 6 and the current version of 
Revision 5 is available in ADAMS under Accession No. ML18267A203.
     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-2018-0178 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 and 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

[[Page 49140]]

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. Background

    In the area of geology, seismology, and geotechnical engineering, 
section 100.23(c) of title 10 of the Code of Federal Regulations (10 
CFR) requires, in part, that applicants for a construction permit, 
operating license, early site permit, or combined license evaluate the 
potential for tectonic and non-tectonic surface deformation at a site. 
Therefore, the consideration of information related to the potential 
for tectonic and non-tectonic surface deformation is important to the 
staff review guidance in SRP Section 2.5.3.
    Since the last update to SRP Section 2.5.3 in 2014, the staff 
completed review of licensee submittals of reevaluated seismic hazards 
in response to 10 CFR 50.54(f) information requests that were sent to 
licensees after the near-term task force review of the Fukushima Dai-
ichi accident (ADAMS Accession No. ML12056A046). In addition to 
reviewing the hazard reevaluations for the operating reactor fleet 
submitted in response to the 10 CFR 50.54(f) information requests, the 
NRC staff remained actively engaged in several ESP and COL application 
reviews for new power reactors. In connection with those reviews, ESP 
and COL applicants evaluated the potential for tectonic and non-
tectonic surface deformation consistent with the guidance found in the 
SRP. One of the lessons-learned from the 10 CFR 50.54(f) information 
reviews and the reviews for new power reactors was that a risk-informed 
focus on hazards most likely to affect a site would be appropriate for 
the consideration of the potential for tectonic and non-tectonic 
surface deformation at a site.

III. Discussion of Update Rationale

Staff's 2018 Update Philosophy

    Consistent with the Commission's approach to risk-informed 
regulation, the staff proposes that SRP Section 2.5.3 be simplified to 
focus the review on the potential for tectonic and non-tectonic surface 
deformation that could adversely affect the safe operation of a nuclear 
power plant at the proposed site.
    Since the 2014 update to SRP Section 2.5.3, the staff completed the 
review of licensee submittals of reevaluated seismic hazards in 
response to the 10 CFR 50.54(f) information request regarding the 
Fukushima Dai-ichi nuclear power plant accident in 2011. A risk-
informed focus was successfully used for the 10 CFR 50.54(f) flooding 
reviews and allowed licensees to focus the reevaluation on those 
hazards that are most likely to impact the site and adversely affect 
SSCs important to safety. Using this approach, licensees provided a 
brief explanation of why a particular hazard does not affect the site 
and a more detailed evaluation for those hazards that could adversely 
affect the safe operation of the plant. Due to its success, this risk-
informed approach is being incorporated into various sections of the 
SRP.
    Upon review of the various causes of surface deformation described 
in SRP Section 2.5.3, the staff proposes that only the mechanisms that 
could adversely affect the functionality of the SSCs important to 
safety need to be described in detail in future license applications. 
Applicants would still be expected to perform their due diligence and 
consider the potential for tectonic and non-tectonic surface 
deformation identified in SRP Section 2.5.3 against the applicable 
siting criteria in 10 CFR part 100, but the staff proposes that the 
applicant's level of detail be focused on the potential for tectonic 
and non-tectonic surface deformation most likely to impact the site and 
adversely affect SSCs important to safety.

Specific Changes to SRP Section 2.5.3

    Changes to SRP Section 2.5.3 include technical editing, as 
appropriate, to improve the readability of the various SRP subsections 
as well as to better convey lessons-learned from the recent 10 CFR 
50.54(f) reviews. The term ``safety-related SSCs'' is replaced with the 
term ``SSCs important to safety'' to better align with the regulatory 
terminology in 10 CFR parts 50 and 54. The references in SRP Section 
2.5.3 were also updated, deleted or added, as appropriate.
    Technical changes to SRP Section 2.5.3 include the addition of 
anthropogenic activities as a possible cause of non-tectonic surface 
deformation and the aforementioned focused review of those causes of 
surface deformation that could adversely affect the safe operation of a 
nuclear power plant at the proposed site. Similar to the 2014 update to 
SRP 2.5.3, the risk-informed approach to the 2018 update focuses on the 
distinction between the different types of surface deformation, 
primarily tectonic and non-tectonic deformation. Surface deformation 
includes non-tectonic deformation due to dissolution, salt diapirism, 
and anthropogenic activities, such as mine collapse. The addition of 
anthropogenic activities as a potential source of non-tectonic surface 
deformation is in keeping with recognized mechanisms of non-tectonic 
deformation that could potentially affect a proposed nuclear power 
plant site. The acceptance review section was also revised to reflect 
the changes made to the Office of New Reactors' (NRO) office 
instruction related to acceptance reviews.

IV. Further Information

    The NRC seeks public comment on the proposed draft section revision 
of SRP Section 2.5.3. The changes to SRP Chapter 2 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 10 CFR part 52.
    Following NRC staff evaluation of public comments, the NRC intends 
to finalize SRP Section 2.5.3 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.

V. 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 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 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

[[Page 49141]]

issue finality provisions under 10 CFR part 52. This is because neither 
the Backfit Rule nor the issue finality provisions of 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 an NRC regulatory approval 
(e.g., a design certification rule) for which specified issue finality 
provisions apply.
    The NRC staff does not currently 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 NRC staff seeks to impose positions 
stated 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 this draft SRP section 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, on September 25, 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. 2018-21165 Filed 9-27-18; 8:45 am]
BILLING CODE 7590-01-P



                                                                          Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices                                        49139

                                              Components).’’ The Subcommittee will                      Dated: September 21, 2018.                          FOR FURTHER INFORMATION CONTACT:
                                              hear presentations by and hold                          Mark L. Banks,                                        Mark D. Notich, Office of New Reactors,
                                              discussions with the NRC staff and                      Chief, Technical Support Branch, Advisory             telephone: 301–415–3053; email:
                                              other interested persons regarding this                 Committee on Reactor Safeguards.                      Mark.Notich@nrc.gov; U.S. Nuclear
                                              matter. The Subcommittee will gather                    [FR Doc. 2018–21120 Filed 9–27–18; 8:45 am]           Regulatory Commission, Washington,
                                              information, analyze relevant issues and                BILLING CODE 7590–01–P                                DC 20555–0001.
                                              facts, and formulate proposed positions                                                                       SUPPLEMENTARY INFORMATION:
                                              and actions, as appropriate. This
                                                                                                      NUCLEAR REGULATORY                                    I. Obtaining Information and
                                              briefing is independent of the ACRS
                                                                                                      COMMISSION                                            Submitting Comments
                                              Research Quality Review.
                                                 Members of the public desiring to                                                                          A. Obtaining Information
                                              provide oral statements and/or written                  [NRC–2018–0178]                                          Please refer to Docket ID NRC–2018–
                                              comments should notify the Designated                                                                         0178 when contacting the NRC about
                                                                                                      Proposed Revisions to Standard
                                              Federal Official (DFO), Girija Shukla                                                                         the availability of information for this
                                                                                                      Review Plan Section 2.5.3, Surface
                                              (Telephone 301–415–5844 or Email:                                                                             action. You may obtain publicly-
                                                                                                      Deformation
                                              Girija.Shukla@nrc.gov) five days prior to                                                                     available information related to this
                                              the meeting, if possible, so that                       AGENCY:  Nuclear Regulatory                           action by any of the following methods:
                                              appropriate arrangements can be made.                   Commission.                                              • Federal Rulemaking website: Go to
                                              Thirty-five hard copies of each                         ACTION: Standard review plan-draft
                                                                                                                                                            http://www.regulations.gov and search
                                              presentation or handout should be                       section revision; request for comment.                for Docket ID NRC–2018–0178.
                                              provided to the DFO thirty minutes                                                                               • NRC’s Agencywide Documents
                                              before the meeting. In addition, one                    SUMMARY:   The U.S. Nuclear Regulatory                Access and Management System
                                              electronic copy of each presentation                    Commission (NRC) is soliciting public                 (ADAMS): You may obtain publicly-
                                              should be emailed to the DFO one day                    comment on draft NUREG–0800,                          available documents online in the
                                              before the meeting. If an electronic copy               ‘‘Standard Review Plan for the Review                 ADAMS Public Documents collection at
                                              cannot be provided within this                          of Safety Analysis Reports for Nuclear                http://www.nrc.gov/reading-rm/
                                              timeframe, presenters should provide                    Power Plants: LWR Edition,’’ Section                  adams.html. To begin the search, select
                                              the DFO with a CD containing each                       2.5.3, ‘‘Surface Deformation.’’ SRP                   ‘‘ADAMS Public Documents’’ and then
                                              presentation at least thirty minutes                    Section 2.5.3, Surface Deformation, was               select ‘‘Begin Web-based ADAMS
                                              before the meeting. Electronic                          last updated in 2014. This proposed                   Search.’’ For problems with ADAMS,
                                                                                                      update to the SRP focuses on risk-                    please contact the NRC’s Public
                                              recordings will be permitted only
                                                                                                      informing the staff’s review in this area             Document Room (PDR) reference staff at
                                              during those portions of the meeting
                                                                                                      on the potential for tectonic or non-                 1–800–397–4209, 301–415–4737, or by
                                              that are open to the public. The public
                                                                                                      tectonic surface deformation that could               email to pdr.resource@nrc.gov. The draft
                                              bridgeline number for the meeting is
                                                                                                      adversely affect the safe operation of a              revision and current revision to
                                              866–822–3032, passcode 8272423.
                                                                                                      nuclear power plant at the proposed                   NUREG–0800, Section 2.5.3, ‘‘Surface
                                              Detailed procedures for the conduct of                                                                        Deformation’’ are available in ADAMS
                                              and participation in ACRS meetings                      site.
                                                                                                                                                            under Accession Nos. ML18183A044
                                              were published in the Federal Register                  DATES:  Comments must be filed no later               and ML13316C064, respectively. The
                                              on October 4, 2017 (82 FR 46312).                       than October 29, 2018. Comments                       redline-strikeout version comparing the
                                                 Detailed meeting agendas and meeting                 received after this date will be                      draft Revision 6 and the current version
                                              transcripts are available on the NRC                    considered, if it is practical to do so, but          of Revision 5 is available in ADAMS
                                              website at http://www.nrc.gov/reading-                  the Commission is able to ensure                      under Accession No. ML18267A203.
                                              rm/doc-collections/acrs. Information                    consideration only for comments                          • NRC’s PDR: You may examine and
                                              regarding topics to be discussed,                       received on or before this date.                      purchase copies of public documents at
                                              changes to the agenda, whether the                      ADDRESSES: You may submit comments                    the NRC’s PDR, Room O1–F21, One
                                              meeting has been canceled or                            by any of the following methods:                      White Flint North, 11555 Rockville
                                              rescheduled, and the time allotted to                     • Federal Rulemaking website: Go to                 Pike, Rockville, Maryland 20852.
                                              present oral statements can be obtained                 http://www.regulations.gov and search
                                                                                                      for Docket ID NRC–2018–0178. Address                  B. Submitting Comments
                                              from the website cited above or by
                                              contacting the identified DFO.                          questions about NRC dockets to Jennifer                 Please include Docket ID NRC–2018–
                                              Moreover, in view of the possibility that               Borges; telephone: 301–287–9127;                      0178 in your comment submission.
                                              the schedule for ACRS meetings may be                   email: Jennifer.Borges@nrc.gov. For                     The NRC cautions you not to include
                                              adjusted by the Chairman as necessary                   technical questions, contact the                      identifying or contact information that
                                              to facilitate the conduct of the meeting,               individual listed in the FOR FURTHER                  you do not want to be publicly
                                                                                                      INFORMATION CONTACT section of this                   disclosed in your comment submission.
                                              persons planning to attend should check
                                                                                                      document.                                             The NRC will post all comment
                                              with these references if such
                                                                                                        • Mail comments to: May Ma, Office                  submissions at http://
                                              rescheduling would result in a major
                                                                                                      of Administration, Mail Stop: TWFN–7–                 www.regulations.gov and enter the
                                              inconvenience.
                                                                                                      A60M, U.S. Nuclear Regulatory                         comment submissions into ADAMS.
                                                 If attending this meeting, please enter              Commission, Washington, DC 20555–                     The NRC does not routinely edit
amozie on DSK3GDR082PROD with NOTICES1




                                              through the One White Flint North                       0001.                                                 comment submissions to remove
                                              building, 11555 Rockville Pike,                           For additional direction on obtaining               identifying or contact information.
                                              Rockville, Maryland. After registering                  information and submitting comments,                    If you are requesting or aggregating
                                              with Security, please contact Mr.                       see ‘‘Obtaining Information and                       comments from other persons for
                                              Theron Brown (Telephone 301–415–                        Submitting Comments’’ in the                          submission to the NRC, then you should
                                              6702 or 301–415–8066) to be escorted to                 SUPPLEMENTARY INFORMATION section of                  inform those persons not to include
                                              the meeting room.                                       this document.                                        identifying or contact information that


                                         VerDate Sep<11>2014   19:22 Sep 27, 2018   Jkt 244001   PO 00000   Frm 00092   Fmt 4703   Sfmt 4703   E:\FR\FM\28SEN1.SGM   28SEN1


                                              49140                       Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices

                                              they do not want to be publicly                         seismic hazards in response to the 10                 deformation due to dissolution, salt
                                              disclosed in their comment submission.                  CFR 50.54(f) information request                      diapirism, and anthropogenic activities,
                                              Your request should state that the NRC                  regarding the Fukushima Dai-ichi                      such as mine collapse. The addition of
                                              does not routinely edit comment                         nuclear power plant accident in 2011. A               anthropogenic activities as a potential
                                              submissions to remove such information                  risk-informed focus was successfully                  source of non-tectonic surface
                                              before making the comment                               used for the 10 CFR 50.54(f) flooding                 deformation is in keeping with
                                              submissions available to the public or                  reviews and allowed licensees to focus                recognized mechanisms of non-tectonic
                                              entering the comment into ADAMS.                        the reevaluation on those hazards that                deformation that could potentially affect
                                                                                                      are most likely to impact the site and                a proposed nuclear power plant site.
                                              II. Background                                          adversely affect SSCs important to                    The acceptance review section was also
                                                 In the area of geology, seismology,                  safety. Using this approach, licensees                revised to reflect the changes made to
                                              and geotechnical engineering, section                   provided a brief explanation of why a                 the Office of New Reactors’ (NRO) office
                                              100.23(c) of title 10 of the Code of                    particular hazard does not affect the site            instruction related to acceptance
                                              Federal Regulations (10 CFR) requires,                  and a more detailed evaluation for those              reviews.
                                              in part, that applicants for a                          hazards that could adversely affect the
                                              construction permit, operating license,                 safe operation of the plant. Due to its               IV. Further Information
                                              early site permit, or combined license                  success, this risk-informed approach is                  The NRC seeks public comment on
                                              evaluate the potential for tectonic and                 being incorporated into various sections              the proposed draft section revision of
                                              non-tectonic surface deformation at a                   of the SRP.                                           SRP Section 2.5.3. The changes to SRP
                                              site. Therefore, the consideration of                      Upon review of the various causes of               Chapter 2 reflect the current staff
                                              information related to the potential for                surface deformation described in SRP                  reviews, methods, and practices based
                                              tectonic and non-tectonic surface                       Section 2.5.3, the staff proposes that                on lessons learned from the NRC’s
                                              deformation is important to the staff                   only the mechanisms that could                        reviews of design certification and
                                              review guidance in SRP Section 2.5.3.                   adversely affect the functionality of the             combined license applications
                                                 Since the last update to SRP Section                 SSCs important to safety need to be                   completed since the last revision of this
                                              2.5.3 in 2014, the staff completed review               described in detail in future license                 chapter. The draft SRP section would
                                              of licensee submittals of reevaluated                   applications. Applicants would still be               also provide guidance for reviewing an
                                              seismic hazards in response to 10 CFR                   expected to perform their due diligence               application for a combined license
                                              50.54(f) information requests that were                 and consider the potential for tectonic               under 10 CFR part 52.
                                              sent to licensees after the near-term task              and non-tectonic surface deformation                     Following NRC staff evaluation of
                                              force review of the Fukushima Dai-ichi                  identified in SRP Section 2.5.3 against               public comments, the NRC intends to
                                              accident (ADAMS Accession No.                           the applicable siting criteria in 10 CFR              finalize SRP Section 2.5.3 in ADAMS
                                              ML12056A046). In addition to                            part 100, but the staff proposes that the             and post it on the NRC’s public website
                                              reviewing the hazard reevaluations for                  applicant’s level of detail be focused on             at http://www.nrc.gov/reading-rm/doc-
                                              the operating reactor fleet submitted in                the potential for tectonic and non-                   collections/nuregs/staff/sr0800/. The
                                              response to the 10 CFR 50.54(f)                         tectonic surface deformation most likely              SRP is guidance for the NRC staff. The
                                              information requests, the NRC staff                     to impact the site and adversely affect               SRP is not a substitute for the NRC
                                              remained actively engaged in several                    SSCs important to safety.                             regulations, and compliance with the
                                              ESP and COL application reviews for                     Specific Changes to SRP Section 2.5.3                 SRP is not required.
                                              new power reactors. In connection with                                                                        V. Backfitting and Issue Finality
                                                                                                         Changes to SRP Section 2.5.3 include
                                              those reviews, ESP and COL applicants
                                                                                                      technical editing, as appropriate, to                    Issuance of this draft SRP section, if
                                              evaluated the potential for tectonic and
                                                                                                      improve the readability of the various                finalized, would not constitute
                                              non-tectonic surface deformation
                                                                                                      SRP subsections as well as to better                  backfitting as defined in 10 CFR 50.109,
                                              consistent with the guidance found in
                                                                                                      convey lessons-learned from the recent                (the Backfit Rule) or otherwise be
                                              the SRP. One of the lessons-learned
                                                                                                      10 CFR 50.54(f) reviews. The term                     inconsistent with the issue finality
                                              from the 10 CFR 50.54(f) information
                                                                                                      ‘‘safety-related SSCs’’ is replaced with              provisions in 10 CFR part 52. The NRC’s
                                              reviews and the reviews for new power                   the term ‘‘SSCs important to safety’’ to
                                              reactors was that a risk-informed focus                                                                       position is based upon the following
                                                                                                      better align with the regulatory                      considerations.
                                              on hazards most likely to affect a site                 terminology in 10 CFR parts 50 and 54.
                                              would be appropriate for the                                                                                     1. The SRP positions do not constitute
                                                                                                      The references in SRP Section 2.5.3                   backfitting, inasmuch as the SRP is
                                              consideration of the potential for                      were also updated, deleted or added, as
                                              tectonic and non-tectonic surface                                                                             guidance directed to the NRC staff with
                                                                                                      appropriate.                                          respect to its regulatory responsibilities.
                                              deformation at a site.                                     Technical changes to SRP Section                      The SRP provides guidance to the
                                              III. Discussion of Update Rationale                     2.5.3 include the addition of                         NRC staff on how to review an
                                                                                                      anthropogenic activities as a possible                application for NRC regulatory approval
                                              Staff’s 2018 Update Philosophy                          cause of non-tectonic surface                         in the form of licensing. Changes in
                                                 Consistent with the Commission’s                     deformation and the aforementioned                    guidance intended for use by only the
                                              approach to risk-informed regulation,                   focused review of those causes of                     staff are not matters that constitute
                                              the staff proposes that SRP Section 2.5.3               surface deformation that could                        backfitting as that term is defined in 10
                                              be simplified to focus the review on the                adversely affect the safe operation of a              CFR 50.109(a)(1) or involve the issue
                                              potential for tectonic and non-tectonic                 nuclear power plant at the proposed                   finality provisions of 10 CFR part 52.
amozie on DSK3GDR082PROD with NOTICES1




                                              surface deformation that could                          site. Similar to the 2014 update to SRP                  2. Backfitting and issue finality—with
                                              adversely affect the safe operation of a                2.5.3, the risk-informed approach to the              certain exceptions discussed below—do
                                              nuclear power plant at the proposed                     2018 update focuses on the distinction                not apply to current or future
                                              site.                                                   between the different types of surface                applicants.
                                                 Since the 2014 update to SRP Section                 deformation, primarily tectonic and                      Applicants and potential applicants
                                              2.5.3, the staff completed the review of                non-tectonic deformation. Surface                     are not, with certain exceptions, the
                                              licensee submittals of reevaluated                      deformation includes non-tectonic                     subject of either the Backfit Rule or any


                                         VerDate Sep<11>2014   19:22 Sep 27, 2018   Jkt 244001   PO 00000   Frm 00093   Fmt 4703   Sfmt 4703   E:\FR\FM\28SEN1.SGM   28SEN1


                                                                          Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices                                                49141

                                              issue finality provisions under 10 CFR                     Dated at Rockville, Maryland, on                   modifications, and other associated
                                              part 52. This is because neither the                    September 25, 2018.                                   materials.3
                                              Backfit Rule nor the issue finality                        For the Nuclear Regulatory Commission.                The Postal Service’s proposed
                                              provisions of 10 CFR part 52 were                       Jennivine K. Rankin,                                  modifications focus on accurately
                                              intended to apply to every NRC action                   Acting Chief, Licensing Branch 3, Division            describing procedures in regard to
                                              that substantially changes the                          of Licensing, Siting and Environmental                ‘‘Non-Airlift Days.’’ These are typically
                                              expectations of current and future                      Analysis, Office of New Reactors.                     days before a non-Monday holiday
                                              applicants.                                             [FR Doc. 2018–21165 Filed 9–27–18; 8:45 am]           where air transportation is limited on
                                                 The exceptions to the general                        BILLING CODE 7590–01–P                                the day of mail induction (the day
                                                                                                                                                            before the holiday) or the following day
                                              principle are applicable whenever a 10
                                                                                                                                                            (the day of the holiday). Notice at 1. The
                                              CFR part 50 operating license applicant
                                                                                                                                                            Postal Service proposes to modify its
                                              references a construction permit or a 10
                                                                                                      POSTAL REGULATORY COMMISSION                          service performance measurement plan
                                              CFR part 52 combined license applicant
                                                                                                                                                            for mailpieces that are dropped at a
                                              references a license (e.g., an early site
                                                                                                      [Docket No. PI2018–2; Order No. 4828]                 collection box, business mail chute, or
                                              permit) and/or an NRC regulatory
                                                                                                                                                            Post Office location on a Non-Airlift Day
                                              approval (e.g., a design certification                  Public Inquiry on Service Performance                 to start-the-clock on measurement on
                                              rule) for which specified issue finality                Measurement Systems                                   the date of the following applicable
                                              provisions apply.
                                                                                                                                                            acceptance day. Id. at 2.
                                                 The NRC staff does not currently                     AGENCY:   Postal Regulatory Commission.                  Other proposed modifications focus
                                              intend to impose the positions                          ACTION:   Notice.                                     on correcting areas of the service
                                              represented in this draft SRP section in                                                                      performance measurement plan to
                                              a manner that constitutes backfitting or                SUMMARY:   The Commission is noticing a               reflect current operations. These include
                                              is inconsistent with any issue finality                 recently filed Postal Service request                 removing references to certain parcels
                                              provision of 10 CFR part 52. If in the                  proposing modifications to its market                 products that were recently moved from
                                              future the NRC staff seeks to impose                    dominant service performance                          the market dominant to the competitive
                                              positions stated in this draft SRP section              measurement systems. This document                    category, a product name change, and
                                              in a manner that would constitute                       informs the public of this proceeding                 other applicable updates.
                                              backfitting or be inconsistent with these               and the technical conference, invites                    Interested persons are invited to
                                              issue finality provisions, the NRC staff                public comment, and takes other                       comment on any or all aspects of the
                                              must make the showing as set forth in                   administrative steps.                                 Postal Service’s proposed modifications
                                              the Backfit Rule or address the                         DATES: Comments are due: October 12,                  concerning the service performance
                                              regulatory criteria set forth in the                    2018.                                                 measurement systems. Comments are
                                              applicable issue finality provision, as                 ADDRESSES: Submit comments                            due October 12, 2018. The Commission
                                              applicable, that would allow the staff to               electronically via the Commission’s                   does not anticipate the need for reply
                                              impose the position.                                    Filing Online system at http://                       comments at this time. The Commission
                                                                                                      www.prc.gov. Those who cannot submit                  intends to evaluate the comments
                                                 3. The NRC staff has no intention to
                                                                                                      comments electronically should contact                received and use those suggestions to
                                              impose the SRP positions on existing
                                                                                                      the person identified in the FOR FURTHER              help carry out its service performance
                                              nuclear power plant licensees either
                                                                                                      INFORMATION CONTACT section by                        measurement responsibilities under the
                                              now or in the future (absent a voluntary
                                                                                                      telephone for advice on filing                        Postal Accountability and Enhancement
                                              request for a change from the licensee,
                                                                                                      alternatives.                                         Act. Material filed in this docket will be
                                              holder of a regulatory approval or a
                                                                                                                                                            available for review on the
                                              design certification applicant).                        FOR FURTHER INFORMATION CONTACT:                      Commission’s website, http://
                                                 The NRC staff does not intend to                     David A. Trissell, General Counsel, at                www.prc.gov.
                                              impose or apply the positions described                 202–789–6820.                                            It is ordered:
                                              in this draft SRP section to existing                   SUPPLEMENTARY INFORMATION: On                            1. Docket No. PI2018–2 is established
                                              (already issued) licenses (e.g., operating              September 20, 2018, the Postal Service                for the purpose of considering the Postal
                                              licenses and combined licenses) and                     filed a notice, pursuant to 39 CFR                    Service’s proposed modifications to its
                                              regulatory approvals. Hence, the                        3055.5, proposing modifications to its                market dominant service performance
                                              issuance of this SRP guidance—even if                   market dominant service performance                   measurement systems.
                                              considered guidance subject to the                      measurement systems.1 The systems                        2. Interested persons may submit
                                              Backfit Rule or the issue finality                      that are the subject of this proceeding               written comments on any or all aspects
                                              provisions in 10 CFR part 52—would                      were recently approved for                            of the Postal Service’s proposals no later
                                              not need to be evaluated as if it were a                implementation on July 5, 2018, in                    than October 12, 2018.
                                              backfit or as being inconsistent with                   Docket No. PI2015–1.2 Accompanying                       3. Lyudmila Y. Bzhilyanskaya is
                                              these issue finality provisions. If, in the             the Notice is a library reference, which              designated to represent the interests of
                                              future, the NRC staff seeks to impose a                 contains a copy of the United States                  the general public in this docket.
                                              position in the SRP on holders of                       Postal Service, Service Performance                      4. The Secretary shall arrange for
                                              already issued licenses in a manner that                Measurement plan, revised September                   publication of this Notice in the Federal
                                              would constitute backfitting or does not                20, 2018 (both redline and clean                      Register.
                                              provide issue finality as described in the              versions), a chart outlining the proposed               By the Commission.
amozie on DSK3GDR082PROD with NOTICES1




                                              applicable issue finality provision, then                                                                     Stacy L. Ruble,
                                              the staff must make a showing as set                      1 United States Postal Service Notice of Service    Secretary.
                                              forth in the Backfit Rule or address the                Performance Measurement System Modification,          [FR Doc. 2018–21136 Filed 9–27–18; 8:45 am]
                                              criteria set forth in the applicable issue              September 20, 2018 (Notice).
                                                                                                        2 Docket No. PI2015–1, Order Approving Use of       BILLING CODE 7710–FW–P
                                              finality provision, as applicable, that                 Internal Measurement Systems, July 5, 2018; Docket
                                              would allow the staff to impose the                     No. PI2015–1, Docket No. PI2015–1, Errata to Order      3 Library Reference USPS–LR–PI2018–2/1,

                                              position.                                               No. 4697, August 21, 2018.                            September 20, 2018.



                                         VerDate Sep<11>2014   19:22 Sep 27, 2018   Jkt 244001   PO 00000   Frm 00094   Fmt 4703   Sfmt 9990   E:\FR\FM\28SEN1.SGM   28SEN1



Document Created: 2018-09-28 01:22:58
Document Modified: 2018-09-28 01:22:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionStandard review plan-draft section revision; request for comment.
DatesComments must be filed no later than October 29, 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.
ContactMark D. Notich, Office of New Reactors, telephone: 301-415-3053; email: [email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation83 FR 49139 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR