[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Pages 18261-18262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07709]
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NUCLEAR REGULATORY COMMISSION
[NRC-2013-0161]
Missiles Generated by Extreme Winds
AGENCY: Nuclear Regulatory Commission.
ACTION: Standard review plan- section revision; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
final revision to the following section in Chapter 3 of NUREG-0800,
``Standard Review Plan (SRP) for the Review of Safety Analysis Reports
for Nuclear Power Plants: LWR Edition,'' Section 3.5.1.4, ``Missiles
Generated by Extreme Winds.''
DATES: The effective date of this Standard Review Plan revision is May
4, 2015.
ADDRESSES: Please refer to Docket ID NRC-2013-0161 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0161. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each document referenced (if it available in
ADAMS) is provided the first time that a document is referenced. The
final revision for SRP Section 3.5.1.4, ``Missiles Generated by Extreme
Winds,'' is available in ADAMS under Accession No. ML14190A180. The
previously issued draft revision for public comment is available in
ADAMS under Accession No. ML13043A004.
The NRC posts its issued staff guidance on the NRC's
external Web page: http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/.
FOR FURTHER INFORMATION CONTACT: Jonathan DeGange, telephone: 301-415-
6992; email: [email protected], or Nishka Devaser, telephone:
301-415-5196; email: [email protected], both are staff of the
Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On August 8, 2013 (78 FR 48503), the NRC staff published for public
comment the proposed revision to SRP Section 3.5.1.4, ``Missiles
Generated by Extreme Winds.'' The staff received no comments on the
proposed revision. The staff is issuing the guidance in final form for
use. There have been no changes made to the guidance since it was
issued in proposed form for public comment. Details of specific changes
between current SRP guidance and the revised guidance issued here are
included at the end of each of the revised sections themselves, under
the ``Description of Changes,'' subsections.
II. Backfitting and Issue Finality
This SRP section revision provides guidance to the NRC staff for
reviewing applications for a construction permit and an operating
license under part 50 of Title 10 of the Code of Federal Regulations
(10 CFR), with respect to the impacts of external missiles generated by
tornadoes and extreme winds. The SRP also provides guidance for
reviewing an application for a standard design approval; a standard
design certification; a combined license; and a manufacturing license
under 10 CFR part 52 with respect to those same subject matters.
Issuance of this final SRP section revision does not constitute
backfitting as defined in 10 CFR 50.109 (the Backfit Rule) nor is it
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 would not constitute backfitting, inasmuch as
the SRP is internal guidance to the NRC staff.
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
existing licensees and regulatory approvals either now or in the
future.
The NRC staff does not intend to impose or apply the positions
described in the SRP to existing licenses and regulatory approvals.
Hence, the issuance of this SRP--even if considered guidance within the
purview of the issue finality provisions in 10 CFR part 52--does 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. Neither the Backfit Rule nor the issue
finality provisions under 10 CFR part 52--with certain exclusions--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) or NRC regulatory approval (e.g., a design certification rule)
with specified issue
[[Page 18262]]
finality provisions. The staff does not, at this time, intend to impose
the positions represented in the 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 SRP section in a manner that does not
provide issue finality as described in the applicable issue finality
provision, then the staff must address the criteria for avoiding issue
finality as described in the applicable issue finality provision.
III. Congressional Review Act
This action is a rule as defined in the Congressional Review Act (5
U.S.C. 801-808). However, the Office of Management and Budget has not
found it to be a major rule as defined in the Congressional Review Act.
Dated at Rockville, Maryland, this 24th day of March, 2015. For
the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, New Reactor Rulemaking and Guidance Branch, Division of Advanced
Reactors and Rulemaking, Office of New Reactors.
[FR Doc. 2015-07709 Filed 4-2-15; 8:45 am]
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