[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Pages 39163-39165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16736]
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NUCLEAR REGULATORY COMMISSION
[NRC-2013-0124]
Strategies and Guidance To Address Loss of Large Areas of the
Plant Due to Explosions and Fires
AGENCY: Nuclear Regulatory Commission.
ACTION: Standard review plan-final section revision; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
final revision to the following section of NUREG-0800, ``Standard
Review Plan for the Review of Safety Analysis Reports for Nuclear Power
Plants: LWR Edition'': Section 19.4, ``Strategies and Guidance to
Address Loss of Large Areas of the Plant due to Explosions and Fires.''
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DATES: The effective date of this Standard Review Plan (SRP) update is
August 7, 2015.
ADDRESSES: Please refer to Docket ID NRC-2013-0124 when contacting the
NRC about the availability of information regarding this document. You
may access 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-2013-0124. 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 access publicly available documents online in the NRC
Library 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 final revision for SRP
Section 19.4, ``Strategies and Guidance to Address Loss of Large Areas
of the Plant due to Explosions and Fires'' is available under ADAMS
Accession No. ML13316B202.
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.
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: Mark Notich, Office of New Reactors,
U.S. Nuclear Regulatory Commission, Washington, DC 20555 0001;
telephone: 301-415-3053, email: [email protected] or Nishka Devaser,
telephone: 301-415-5196, email: [email protected] Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.
SUPPLEMENTARY INFORMATION:
I. Background
On June 11, 2013 (78 FR 35072), the NRC published for public
comment the initial issuance of SRP Section 19.4, ``Strategies and
Guidance to Address Loss of Large Areas of the Plant Due to Explosions
and Fires.'' This section has been developed to assist NRC staff with
the review of applications for certain construction permits, operating
licenses, license amendments, certain standard design certifications,
and combined licenses under parts 50 and 52 of Title 10 of the Code of
Federal Regulations (10 CFR). It also informs new reactor applicants
and other affected entities of SRP guidance regarding an acceptable
method by which staff performs its review of the subject of loss of
large areas of the plant due to explosions and fires.
The NRC staff made several changes to the final revision of the
subject guidance since issuance of the proposed revision. The staff
clarified its expectations with Nuclear Energy Institute (NEI) 06-12,
``B.5.b Phase 2 & 3 Submittal Guideline,'' in the SRP Acceptance
Criteria subsection of the guidance. Additionally, some content
previously seen in the proposed revision under Appendix A, ``Experience
Gained from Implementation of Temporary Instruction 2515/171,
Verification of Site Specific Implementation of B.5.b Phase 2 & 3
Mitigating Strategies at Currently Licensed Power Reactor Sites and
Related Staff Positions,'' was integrated into the Areas of Review and
SRP Acceptance Criteria subsections. The remainder of the content from
the proposed Appendix A was removed from the final guidance. Finally,
the staff updated the SRP section's list of review interfaces to
include additional interfacing SRP sections.
The NRC staff received comment submissions on the proposed
revision. Public comments are documented alongside the NRC staff's
respective response in ADAMS under Accession No. ML13295A535. A redline
strikeout comparing the proposed draft and final revisions can be found
in ADAMS under Accession No. ML13316B153.
Revision to this SRP section will supercede the staff guidance
presented in Interim Staff Guidance DC/COL-ISG-016, ``Compliance with
10 CFR 50.54(hh)(2) and 10 CFR 52.80(d), Loss of Large Areas of the
Plant due to Explosions or Fires from a Beyond-Design Basis Event.'' As
a result, the NRC staff will be retiring DC/COL-ISG-016 in a subsequent
Federal Register notice.
II. Backfitting and Issue Finality
Issuance of this final SRP section does not constitute backfitting
as defined in 10 CFR 50.109 (the Backfit Rule) and is not otherwise
inconsistent with the issue finality provisions in 10 CFR part 52. The
NRC staff's position is based upon the following considerations:
1. The SRP positions do not constitute backfitting, inasmuch as the
SRP is internal guidance directed at the NRC staff with respect to
their regulatory responsibilities.
The SRP provides guidance to the 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. Backfitting and issue finality--with certain exceptions
discussed below--do not 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 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 staff does not
currently intend to impose the positions represented in this SRP
section in a manner that is inconsistent with any issue finality
provisions of 10 CFR part 52. If in the future the NRC staff does
indeed intend to impose positions inconsistent with these issue
finality provisions, the NRC staff must address the regulatory criteria
for avoiding issue finality.
3. The NRC staff has no intention to impose the SRP positions on
existing nuclear power plant licenses or regulatory approvals either
now or in the future (absent a voluntary request for change from the
licensee, holder of a regulatory approval, or a design certification
applicant).
The staff does not intend to impose or apply the positions
described in the SRP section to existing (already issued) licenses
(e.g., operating licenses and combined licenses) and regulatory
approvals--in this case, design certifications. Hence, the issuance of
this SRP guidance--even if considered guidance that is within the
purview of the issue finality provisions in 10 CFR part 52--need not be
evaluated as if it were a backfit or as being inconsistent with issue
finality provisions. If, in the future, the 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
[[Page 39165]]
showing as set forth in the Backfit Rule, or address the criteria for
avoiding issue finality as described applicable issue finality
provision, as applicable.
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 25th day of June, 2015.
For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Acting Chief, New Reactor Rulemaking and Guidance Branch, Division of
Advanced Reactors and Rulemaking, Office of New Reactors.
[FR Doc. 2015-16736 Filed 7-7-15; 8:45 am]
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