[Federal Register Volume 80, Number 225 (Monday, November 23, 2015)]
[Notices]
[Pages 72996-72997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29691]
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NUCLEAR REGULATORY COMMISSION
[NRC-2013-0203]
Ultimate Heat Sink for Nuclear Power Plants
AGENCY: Nuclear Regulatory Commission.
ACTION: Regulatory Guide Issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing
Revision 3 to Regulatory Guide (RG) 1.27, ``Ultimate Heat Sink for
Nuclear Power Plants.'' This RG describes methods and procedures
acceptable to the NRC staff that nuclear power plant facility licensees
and applicants may use to implement general design criteria (GDC) that
are applicable to the ultimate heat sink (UHS) features of plant
systems.
DATES: Revision 3 to RG 1.27 is available on November 23, 2015.
ADDRESSES: Please refer to Docket ID NRC-2013-0203 when contacting the
NRC about the availability of information regarding this document. You
may obtain pubically-available information related to this document
using the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0203. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individuals 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 Document collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select
[[Page 72997]]
``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 in this notice (if that document is available in
ADAMS) is provided the first time that a document is referenced.
Revision 3 to Regulatory Guide 1.27 and the regulatory analysis are
available in ADAMS under Accession Nos. ML14107A411 and ML14107A409,
respectively.
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.
Regulatory guides are not copyrighted, and NRC approval is not
required to reproduce them.
FOR FURTHER INFORMATION CONTACT: Bruce Lin, telephone: 301-415-2446,
email: [email protected]; and Steve Burton, telephone: 301-415-7000,
email: [email protected]. Both are staff of the Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is issuing a revision to an existing guide in the NRC's
``Regulatory Guide'' series. This series was developed to describe and
make available to the public information regarding methods that are
acceptable to the NRC staff for implementing specific parts of the
agency's regulations, techniques that the NRC staff uses in evaluating
specific issues or postulated events, and data that the NRC staff needs
in its review of applications for permits and licenses.
Revision 3 to RG 1.27 was issued with a temporary identification of
Draft Regulatory Guide, DG-1275. Regulatory Guide 1.27 addresses
revisions in regulations and lessons learned from operating experience
since the guide was last revised in January 1976, including system
design considerations, natural phenomena and site hazards design
criteria, and periodic inspection and maintenance considerations. This
revised guide contains information applicable to both current operating
plants and new plants being licensed under both parts 50 and 52 of
title 10 of the Code of Federal Regulations (10 CFR).
II. Additional Information
The DG-1275 was published in the Federal Register on September 9,
2013 (78 FR 55117), for a 60-day public comment period. The public
comment period closed on November 8, 2013. Public comments on DG-1275
and the NRC staff responses to the public comments are available in
ADAMS under Accession No. ML14107A410.
III. Congressional Review Act
This regulatory guide 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.
IV. Backfitting and Issue Finality
Regulatory Guide 1.27 provides guidance on one possible means for
meeting the NRC's regulatory requirements of the GDC in appendix A,
``General Design Criteria for Nuclear Power Plants,'' to 10 CFR part
50, which are applicable to the ultimate heat sink features of nuclear
power plant systems. This regulatory guide 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, ``Licenses, Certifications and Approvals for Nuclear Power
Plants.'' The NRC's position is based upon the following
considerations.
Regulatory Guide 1.27 may be applied to current applications for
operating licenses, combined licenses, early site permits, and
certified design rules docketed by the NRC as of the date of issuance
of the final regulatory guide, as well as future applications submitted
after the issuance of the regulatory guide. Such action would not
constitute backfitting as defined in 10 CFR 50.109(a)(1) or be
otherwise inconsistent with the applicable issue finality provision in
10 CFR part 52. Neither the Backfit Rule nor the issue finality
provisions under 10 CFR part 52, with certain exclusions discussed
below, were intended to apply to every NRC action which substantially
changes the expectations of current and future applicants.
The exceptions to the general principle are applicable whenever a
combined license 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 finality provisions. The NRC
does not, at this time, intend to impose the positions represented in
RG 1.27 on combined license applicants in a manner that is inconsistent
with any issue finality provisions. If, in the future, the NRC seeks to
impose a position in RG 1.27 in a manner which does not provide issue
finality as described in the applicable issue finality provision, then
the NRC must address the criteria for avoiding issue finality as
described in the applicable issue finality provision.
Existing 10 CFR part 50 construction permit holders and 10 CFR part
50 operating license holders would not be required to comply with the
positions set forth in RG 1.27, unless the construction permit or
operating license holder makes a voluntary change to its licensing
basis with respect to the UHS features of plant systems and the NRC
determines that the safety review must include consideration of the UHS
features of plant systems.
Existing design certification rules would not be required to be
amended to comply with the positions set forth in RG 1.27, unless the
NRC addresses the issue finality provisions in 10 CFR 52.63(a).
Existing combined license holders (referencing the AP1000 design
certification rule in 10 CFR part 52, appendix D), would not be
required to comply with the positions set forth in RG 1.27, unless the
NRC addresses the issue finality provisions in 10 CFR 52.63(a).
Further information on the NRC staff's use of the regulatory
guidance is contained in Section D., ``Implementation,'' of RG 1.27.
Dated at Rockville, Maryland, this 17th day of November 2015.
For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guidance and Generic Issues Branch, Division of
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2015-29691 Filed 11-20-15; 8:45 am]
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