License Renewal Interim Staff Guidance LR-ISG-2007-01: License Renewal Interim Staff Guidance Process, Revision 1; Notice of Availability, 41461-41463 [E9-19646]
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Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices
Environment for review on June 19,
2009. On July 23, 2009, the Maryland
Department of the Environment
responded by e-mail. The State agreed
with the conclusions of the EA and
otherwise had no comments.
The NRC staff has determined that the
proposed action is of a procedural
nature, and will not affect listed species
or critical habitat. Therefore, no further
consultation is required under Section 7
of the Endangered Species Act. The
NRC staff has also determined that the
proposed action is not the type of
activity that has the potential to cause
effects on historic properties. Therefore,
no further consultation is required
under Section 106 of the National
Historic Preservation Act.
III. Finding of No Significant Impact
The NRC staff has prepared this EA in
support of the proposed action. On the
basis of this EA, the NRC finds that
there are no significant environmental
impacts from the proposed action, and
that preparation of an environmental
impact statement is not warranted.
Accordingly, the NRC has determined
that a Finding of No Significant Impact
is appropriate.
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IV. Further Information
Documents related to this action,
including the application for license
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Documents Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The documents related to
this action are listed below, along with
their ADAMS accession numbers.
1. NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance’’
2. Title 10 Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination’’
3. Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions’’
4. NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of
NRC–Licensed Nuclear Facilities’’
5. Submittal Letter dated February 3,
2006: ML060580094.
6. Historical Site Assessment:
ML060580564.
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7. Preliminary Site Specific Derived
Concentration Guidelines:
ML060580566.
8. Radiological Scoping Survey:
ML060580581.
9. Environmental Assessment,
Disposition of Thorium Nitrate:
ML060580592.
10. Request for Additional
Information dated June 12, 2006:
ML061640494.
11. Deficiency Response Letter dated
July 5, 2006: ML061870570.
12. Deficiency Response Letter dated
August 8, 2006: ML062290404.
13. Characterization Survey Report:
ML062650300.
14. Decommissioning/Remediation
Plan: ML062760618.
15. Receipt of Decommissioning Plan:
ML062930051.
16. Federal Register Notice of
Consideration: ML070230235.
17. Request For Additional
Information dated December 11, 2009:
ML083460027.
18. Deficiency Response Letter dated
May 19, 2009: ML091410338.
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at Region I, 475 Allendale Road,
King of Prussia, PA, this 7th day of August
2009.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. E9–19648 Filed 8–14–09; 8:45 am]
BILLING CODE 7590–01–P
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[NRC–2008–0500]
License Renewal Interim Staff
Guidance LR–ISG–2007–01: License
Renewal Interim Staff Guidance
Process, Revision 1; Notice of
Availability
AGENCY: Nuclear Regulatory
Commission (NRC).
ACTION: Notice of availability.
SUMMARY: The NRC is issuing the final
License Renewal Interim Staff Guidance
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41461
(LR–ISG) LR–ISG–2007–01, ‘‘License
Renewal Interim Staff Guidance Process,
Revision 1’’ (revised LR–ISG process).
This process describes the basic
framework for developing and
implementing interim changes to certain
NRC license renewal guidance
documents. These documents facilitate
the implementation of and NRC staff
review of license renewal applications
submitted in accordance with Title 10 of
the Code of Federal Regulations (10
CFR), Part 54, ‘‘Requirements for
Renewal of Operating Licenses for
Nuclear Power Plants,’’ and Part 51,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions’’ of 10 CFR. The
revised LR–ISG process supersedes the
existing process issued on December 12,
2003, entitled, ‘‘Process for Interim Staff
Guidance.’’ An electronic copy of the
revised LR–ISG process is available in
the NRC’s Agencywide Documents
Access and Management System
(ADAMS) under Accession No.
ML091950069.
FOR FURTHER INFORMATION CONTACT: Mr.
Matthew Homiack, Division of License
Renewal, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone 301–415–1683; or email Matthew.Homiack@nrc.gov.
ADDRESSES: Documents created or
received after November 1, 1999, are
available electronically at the NRC’s
Public Electronic Reading Room on the
Internet at https://www.nrc.gov/
reading-rm/adams.html. From this site,
the public can gain entry into ADAMS.
If you do not have access to the Internet
or if there are any problems in accessing
the documents located in ADAMS,
contact the NRC Public Document Room
reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail at
PDR.Resource@nrc.gov.
The NRC posts LR–ISGs on its public
Web page under the ‘‘License Renewal’’
heading at https://www.nrc.gov/
reading-rm/doc-collections/isg.
SUPPLEMENTARY INFORMATION:
Background
On December 12, 2003, the NRC staff
issued a document entitled, ‘‘Process for
Interim Staff Guidance’’
(ML023520620), which is Revision 0 of
the LR–ISG process (previous LR–ISG
process). This document, developed
with input from stakeholders, describes
a process under which the NRC staff
may evaluate proposed changes to
certain license renewal guidance
documents and then, if warranted,
implement a guidance document change
through issuance of an LR–ISG. In this
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Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices
way, guidance addressing new insights,
lessons learned, and emergent issues
may be issued without the NRC staff
needing to publish a complete license
renewal guidance document revision.
Approved LR–ISGs are eventually
incorporated into a formal guidance
document revision; however, until
publication of such a revision, the NRC
staff will review license renewal
applications in accordance with the LR–
ISG and stakeholders may use the LR–
ISG as they deem appropriate. Under
the LR–ISG process, the NRC staff or
stakeholders may propose changes to
certain license renewal guidance
documents. The process provides for
interactions with stakeholders during
LR–ISG development and the NRC staff
provides the opportunity for public
comment on each proposed LR–ISG
through notices published in the
Federal Register.
In 2007, the NRC staff created LR–
ISG–2007–01 for updating the actual
LR–ISG process. The NRC staff
identified the need to revise the process
to reflect issuance of revised license
renewal guidance documents in
September 2005. The NRC staff also
identified the need to extend the
process to facilitate the development
and implementation of changes to NRC
guidance documents associated with the
environmental review of license
renewal applications under 10 CFR Part
51. The need to make administrative
changes to the LR–ISG process, such as
references to the current NRC
organizational structure, was also
identified.
On September 6, 2007, the NRC’s
Office of the Inspector General (OIG)
issued OIG–07–A–15, ‘‘Audit of the
NRC’s License Renewal Program’’
(ML072490486). In its audit, the OIG
identified an area for improving the LR–
ISG process. Concerning evaluation of
NRC staff positions in LR–ISGs for
backfit application, in page 56 of its
report, the OIG stated that, ‘‘* * * there
is no documented means to determine
whether [LR–ISGs] have met the
provisions in 10 CFR 54.37(b) and
thereby not subject to backfitting.’’
Consequently, OIG recommended that
the NRC, ‘‘Establish a review process to
determine whether or not Interim Staff
Guidance meets the provisions of 10
CFR 54.37(b), and document
accordingly.’’ The NRC staff agreed with
the OIG’s recommendation and,
accordingly, decided to make revisions
to the LR–ISG process.
On March 26, 2009, the NRC staff
published in the Federal Register, 74 FR
13272, a request for public comment on
a proposed LR–ISG process revision
(ML082180346). This document was
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issued as draft LR–ISG–2007–01. In this
notice the NRC staff also requested
comment on a proposed revision to NRC
Regulatory Issue Summary (RIS) 2007–
16, ‘‘Implementation of the
Requirements of 10 CFR 54.37(b) for
Holders of Renewed Licenses.’’ The
NRC staff proposed changes to the RIS
to clarify the role of the LR–ISG process
for including ‘‘newly identified’’
systems, structures, and components in
accordance with 10 CFR 54.37(b).
As published in the Federal Register,
74 FR 19109, on April 27, 2009, the
NRC staff granted an extension to the
public comment period at the request of
the Nuclear Energy Institute (NEI). As to
the basis for granting this request, the
NRC staff agreed with NEI that
discussions during a public meeting on
April 29, 2009, could be beneficial to
allow stakeholders to better prepare
comments on the proposed LR–ISG
process revision and RIS. In addition,
the NRC staff believed that receipt of
comments informed by discussions at
the meeting would be beneficial in
finalizing the two documents.
During the public meeting at NRC
headquarters on April 29, 2009, the
proposed LR–ISG process revision and
revision of RIS 2007–16 were discussed.
NEI representatives provided comments;
however, no other stakeholder provided
comments or asked questions. The
discussions are summarized in a
document entitled, ‘‘Summary of the
License Renewal Meeting between the
U.S. Nuclear Regulatory Commission
Staff and the Nuclear Energy Institute,’’
dated May 26, 2009 (ML091310269).
The extended comment period ended
on May 27, 2009. By letter of the same
date, the NRC received comments from
NEI (ML091540208). No other
comments were received. The NRC staff
has considered NEI’s comments from its
letter dated May 27, 2009, and from the
April 29, 2009, public meeting in
developing the revised LR–ISG process.
These comments and the NRC staff’s
responses are discussed in the
Comments and Responses section of this
notice.
Final Action
By this action, the NRC is issuing the
revised LR–ISG process as final LR–
ISG–2007–01. The NRC staff will now
use this process to guide the
development and implementation of
LR–ISGs. Below the NRC staff describes
the more significant changes made to
the previous LR–ISG process.
(1) The LR–ISG process is extended to
cover the evaluation and
implementation of interim guidance
concerning certain guidance documents
associated with the staff’s
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environmental review of license
renewal applications under 10 CFR Part
51. These documents are NRC
Regulatory Guide (RG) 4.2, Supplement
1, ‘‘Preparation of Supplemental
Environmental Reports for Applications
to Renew Nuclear Power Plant
Operating Licenses,’’ dated September
2000 (ML003710495), and NUREG–
1555, ‘‘Environmental Standard Review
Plan,’’ Supplement 1, ‘‘Operating
License Renewal,’’ dated March 2000
(ML003702019).
(2) The LR–ISG process is revised to
specify that the NRC staff will evaluate
and document its determinations as to
whether LR–ISGs meet the provisions of
10 CFR 54.37(b). The LR–ISG process is
also augmented to focus on evaluation
and documentation of the NRC staff’s
backfitting evaluation of LR–ISGs under
10 CFR 50.109. These improvements
address the OIG recommendation.
(3) The NRC staff has eliminated the
former ‘‘clarification’’ and
‘‘compliance’’ LR–ISG designations. As
an alternative, the NRC staff will
document in a backfitting discussion
section of each LR–ISG the
determinations and bases as to the
applicability of 10 CFR 54.37(b) and 10
CFR 50.109.
(4) The LR–ISG process is revised to
reflect the September 2005 publication
of these revised safety license renewal
guidance documents: NUREG–1800,
Revision 1, ‘‘Standard Review Plan for
Review of License Renewal
Applications for Nuclear Power Plants’’
(ML052770566), NUREG–1801, Revision
1, Volumes 1 and 2, ‘‘Generic Aging
Lessons Learned (GALL) Report’’
(ML052770419 and ML052780376), and
NRC Regulatory Guide 1.188, Revision
1, ‘‘Standard Format and Content for
Applications to Renew Nuclear Power
Plant Operating Licenses’’
(ML051920430).
Comments and Responses
In response to the request for public
comment published in the Federal
Register, 74 FR 13272, NEI provided
comments on both the proposed LR–ISG
process revision and proposed revision
to RIS 2007–16. The NRC staff plans to
issue the final revision to RIS 2007–16
separately from the LR–ISG process. As
such, this notice only addresses
comments that the NRC staff has
determined to be applicable to the
proposed LR–ISG process revision.
Also, NEI’s comments from the April 29,
2009, public meeting are consistent with
those provided in its May 27, 2009
letter. These comments are identified by
number in the NEI’s letter. The NRC
staff’s responses to each comment
follow.
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(1) NEI’s first comment addresses the
proposed revision to RIS 2007–16. The
NRC staff is addressing this comment in
the revision to RIS 2007–16, which is
planned to be issued separately.
(2) NEI commented that it agrees with
the NRC staff’s proposed change to RIS
2007–16 to include a backfit review of
all LR–ISG documents under 10 CFR
50.109. However, NEI further
commented, this addition of backfit
review for LR–ISGs should have no
impact on implementation or
interpretation of 10 CFR 54.37(b). The
NRC staff agrees with NEI’s comment
and no changes have been made from
the proposed LR–ISG process revision.
The revised LR–ISG process contains
the framework for developing and
implementing LR–ISGs, including
provisions for determining whether 10
CFR 54.37(b) and 10 CFR 50.109 apply
to an LR–ISG, and according
documentation. The LR–ISG process
references RIS 2007–16, which provides
guidance on interpretation and licensee
implementation of 10 CFR 54.37(b).
NEI also commented that it agrees
with the NRC staff’s proposed change to
extend the LR–ISG process to include
environmental review issues. As such,
the NRC staff has made no changes to
the proposed LR–ISG process revision.
(3) NEI recommended that the NRC
consider splitting RIS 2007–16 into two
separate documents, one on
implementation of 10 CFR 54.37(b) and
the other on the LR–ISG process,
including the requirement for backfit
analysis for proposed LR–ISGs. The
NRC staff agrees with NEI’s
recommendation that the documents are
separate. The two documents are the
revised LR–ISG process and RIS 2007–
16. The NRC staff intends for the focus
of these two documents to be as
described in the response to the
previous comment.
In its comments, NEI also suggested
that the NRC include the requirement
for ‘‘backfit analysis’’ for LR–ISGs. The
NRC staff would like to clarify that, as
described in the proposed LR–ISG
process revision, the NRC staff will
perform a backfitting review of LR–ISGs;
however, the NRC staff will only
prepare a backfitting analysis in certain
cases, which is consistent with the
requirements of 10 CFR 50.109. If, as a
result of its backfitting review, the NRC
staff determines that an LR–ISG
constitutes backfitting, as defined in 10
CFR 50.109(a)(1), then a backfitting
analysis is required to demonstrate that
backfitting is necessary because it
constitutes a substantial increase in
protection to public health and safety or
the common defense and security, and
the cost is justified in light of the
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substantial increase. If an LR–ISG
constitutes backfitting, but one or more
of the exceptions in 10 CFR
50.109(a)(4)(i) through (iii) apply, then a
backfitting analysis is not required, but
the NRC staff is required to prepare a
documented backfitting evaluation.
(4) NEI commented that the NRC
deleted from RIS 2007–16, Revision 0,
NRC’s agreement to inform renewed
license holders of new LR–ISGs and to
inform the industry of ‘‘newly
identified’’ SSCs. NEI suggested that
this information could be added to
Section 4.2.4 of the LR–ISG process. NEI
indicated that this information is
valuable to licensees and requested that
the NRC staff retain the expectation to
communicate it.
The NRC staff agrees with NEI’s
comment to include this information in
Section 4.2.4 of the LR–ISG process.
Accordingly, the revised LR–ISG
process states that when an LR–ISG
constitutes backfitting under 10 CFR
50.109, or communicates ‘‘newlyidentified’’ SSCs under the provisions of
10 CFR 54.37(b), the NRC staff will
notify applicable renewed license
holders as appropriate, for example, by
issuing letters or a generic
communication. The NRC staff will
continue to make draft and final LR–
ISGs publicly available, and notices of
availability or the opportunity to
provide comments will be published in
the Federal Register. Electronic copies
of draft and final LR–ISGs will be made
available on the NRC’s public Web site.
Dated at Rockville, Maryland, this 7th day
of August, 2009.
For the Nuclear Regulatory Commission.
Samson S. Lee,
Deputy Director, Division of License Renewal,
Office of Nuclear Reactor Regulation.
[FR Doc. E9–19646 Filed 8–14–09; 8:45 am]
BILLING CODE 7590–01–P
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Sunshine Federal Register Notice
AGENCY HOLDING THE MEETINGS:
Nuclear
Regulatory Commission.
DATES: Week of August 10, 2009.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and closed.
Additional Items to be considered:
Week of August 10, 2009
Thursday, August 13, 2009
1:25 p.m.
Affirmation Session (Public Meeting)
(Tentative).
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Pa’ina Hawaii, LLC (Materials License
Application)—Applicant’s Motion to
Transfer Case to the Commission
(Tentative).
*The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings,
call (recording)—(301) 415–1292.
Contact person for more information:
Rochelle Bavol, (301) 415–1651.
Additional Information
By a vote of 3–0 on August 11, 2009,
the Commission determined pursuant to
U.S.C. 552b(e) and § 9.107(a) of the
Commission’s rules that Affirmation of
Pa’ina Hawaii, LLC (Materials License
Application)—Applicant’s Motion to
Transfer Case to the Commission
(Tentative) be held August 13, 2009, and
on less than one week’s notice to the
public.
The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/about-nrc/policymaking/schedule.html.
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.,
braille, large print), please notify the
NRC’s Disability Program Coordinator,
Rohn Brown, at 301–492–2279, TDD:
301–415–2100, or by e-mail at
rohn.brown@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
This notice is distributed
electronically to subscribers. If you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969),
or send an e-mail to
darlene.wright@nrc.gov.
Dated: August 12, 2009.
Rochelle C. Bavol,
Office of the Secretary.
[FR Doc. E9–19746 Filed 8–13–09; 4:15 pm]
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[Federal Register Volume 74, Number 157 (Monday, August 17, 2009)]
[Notices]
[Pages 41461-41463]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19646]
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NUCLEAR REGULATORY COMMISSION
[NRC-2008-0500]
License Renewal Interim Staff Guidance LR-ISG-2007-01: License
Renewal Interim Staff Guidance Process, Revision 1; Notice of
Availability
AGENCY: Nuclear Regulatory Commission (NRC).
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: The NRC is issuing the final License Renewal Interim Staff
Guidance (LR-ISG) LR-ISG-2007-01, ``License Renewal Interim Staff
Guidance Process, Revision 1'' (revised LR-ISG process). This process
describes the basic framework for developing and implementing interim
changes to certain NRC license renewal guidance documents. These
documents facilitate the implementation of and NRC staff review of
license renewal applications submitted in accordance with Title 10 of
the Code of Federal Regulations (10 CFR), Part 54, ``Requirements for
Renewal of Operating Licenses for Nuclear Power Plants,'' and Part 51,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions'' of 10 CFR. The revised LR-ISG process
supersedes the existing process issued on December 12, 2003, entitled,
``Process for Interim Staff Guidance.'' An electronic copy of the
revised LR-ISG process is available in the NRC's Agencywide Documents
Access and Management System (ADAMS) under Accession No. ML091950069.
FOR FURTHER INFORMATION CONTACT: Mr. Matthew Homiack, Division of
License Renewal, Office of Nuclear Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone 301-415-
1683; or e-mail Matthew.Homiack@nrc.gov.
ADDRESSES: Documents created or received after November 1, 1999, are
available electronically at the NRC's Public Electronic Reading Room on
the Internet at https://www.nrc.gov/reading-rm/adams.html. From this
site, the public can gain entry into ADAMS. If you do not have access
to the Internet or if there are any problems in accessing the documents
located in ADAMS, contact the NRC Public Document Room reference staff
at 1-800-397-4209, 301-415-4737, or by e-mail at PDR.Resource@nrc.gov.
The NRC posts LR-ISGs on its public Web page under the ``License
Renewal'' heading at https://www.nrc.gov/reading-rm/doc-collections/isg.
SUPPLEMENTARY INFORMATION:
Background
On December 12, 2003, the NRC staff issued a document entitled,
``Process for Interim Staff Guidance'' (ML023520620), which is Revision
0 of the LR-ISG process (previous LR-ISG process). This document,
developed with input from stakeholders, describes a process under which
the NRC staff may evaluate proposed changes to certain license renewal
guidance documents and then, if warranted, implement a guidance
document change through issuance of an LR-ISG. In this
[[Page 41462]]
way, guidance addressing new insights, lessons learned, and emergent
issues may be issued without the NRC staff needing to publish a
complete license renewal guidance document revision. Approved LR-ISGs
are eventually incorporated into a formal guidance document revision;
however, until publication of such a revision, the NRC staff will
review license renewal applications in accordance with the LR-ISG and
stakeholders may use the LR-ISG as they deem appropriate. Under the LR-
ISG process, the NRC staff or stakeholders may propose changes to
certain license renewal guidance documents. The process provides for
interactions with stakeholders during LR-ISG development and the NRC
staff provides the opportunity for public comment on each proposed LR-
ISG through notices published in the Federal Register.
In 2007, the NRC staff created LR-ISG-2007-01 for updating the
actual LR-ISG process. The NRC staff identified the need to revise the
process to reflect issuance of revised license renewal guidance
documents in September 2005. The NRC staff also identified the need to
extend the process to facilitate the development and implementation of
changes to NRC guidance documents associated with the environmental
review of license renewal applications under 10 CFR Part 51. The need
to make administrative changes to the LR-ISG process, such as
references to the current NRC organizational structure, was also
identified.
On September 6, 2007, the NRC's Office of the Inspector General
(OIG) issued OIG-07-A-15, ``Audit of the NRC's License Renewal
Program'' (ML072490486). In its audit, the OIG identified an area for
improving the LR-ISG process. Concerning evaluation of NRC staff
positions in LR-ISGs for backfit application, in page 56 of its report,
the OIG stated that, ``* * * there is no documented means to determine
whether [LR-ISGs] have met the provisions in 10 CFR 54.37(b) and
thereby not subject to backfitting.'' Consequently, OIG recommended
that the NRC, ``Establish a review process to determine whether or not
Interim Staff Guidance meets the provisions of 10 CFR 54.37(b), and
document accordingly.'' The NRC staff agreed with the OIG's
recommendation and, accordingly, decided to make revisions to the LR-
ISG process.
On March 26, 2009, the NRC staff published in the Federal Register,
74 FR 13272, a request for public comment on a proposed LR-ISG process
revision (ML082180346). This document was issued as draft LR-ISG-2007-
01. In this notice the NRC staff also requested comment on a proposed
revision to NRC Regulatory Issue Summary (RIS) 2007-16,
``Implementation of the Requirements of 10 CFR 54.37(b) for Holders of
Renewed Licenses.'' The NRC staff proposed changes to the RIS to
clarify the role of the LR-ISG process for including ``newly
identified'' systems, structures, and components in accordance with 10
CFR 54.37(b).
As published in the Federal Register, 74 FR 19109, on April 27,
2009, the NRC staff granted an extension to the public comment period
at the request of the Nuclear Energy Institute (NEI). As to the basis
for granting this request, the NRC staff agreed with NEI that
discussions during a public meeting on April 29, 2009, could be
beneficial to allow stakeholders to better prepare comments on the
proposed LR-ISG process revision and RIS. In addition, the NRC staff
believed that receipt of comments informed by discussions at the
meeting would be beneficial in finalizing the two documents.
During the public meeting at NRC headquarters on April 29, 2009,
the proposed LR-ISG process revision and revision of RIS 2007-16 were
discussed. NEI representatives provided comments; however, no other
stakeholder provided comments or asked questions. The discussions are
summarized in a document entitled, ``Summary of the License Renewal
Meeting between the U.S. Nuclear Regulatory Commission Staff and the
Nuclear Energy Institute,'' dated May 26, 2009 (ML091310269).
The extended comment period ended on May 27, 2009. By letter of the
same date, the NRC received comments from NEI (ML091540208). No other
comments were received. The NRC staff has considered NEI's comments
from its letter dated May 27, 2009, and from the April 29, 2009, public
meeting in developing the revised LR-ISG process. These comments and
the NRC staff's responses are discussed in the Comments and Responses
section of this notice.
Final Action
By this action, the NRC is issuing the revised LR-ISG process as
final LR-ISG-2007-01. The NRC staff will now use this process to guide
the development and implementation of LR-ISGs. Below the NRC staff
describes the more significant changes made to the previous LR-ISG
process.
(1) The LR-ISG process is extended to cover the evaluation and
implementation of interim guidance concerning certain guidance
documents associated with the staff's environmental review of license
renewal applications under 10 CFR Part 51. These documents are NRC
Regulatory Guide (RG) 4.2, Supplement 1, ``Preparation of Supplemental
Environmental Reports for Applications to Renew Nuclear Power Plant
Operating Licenses,'' dated September 2000 (ML003710495), and NUREG-
1555, ``Environmental Standard Review Plan,'' Supplement 1, ``Operating
License Renewal,'' dated March 2000 (ML003702019).
(2) The LR-ISG process is revised to specify that the NRC staff
will evaluate and document its determinations as to whether LR-ISGs
meet the provisions of 10 CFR 54.37(b). The LR-ISG process is also
augmented to focus on evaluation and documentation of the NRC staff's
backfitting evaluation of LR-ISGs under 10 CFR 50.109. These
improvements address the OIG recommendation.
(3) The NRC staff has eliminated the former ``clarification'' and
``compliance'' LR-ISG designations. As an alternative, the NRC staff
will document in a backfitting discussion section of each LR-ISG the
determinations and bases as to the applicability of 10 CFR 54.37(b) and
10 CFR 50.109.
(4) The LR-ISG process is revised to reflect the September 2005
publication of these revised safety license renewal guidance documents:
NUREG-1800, Revision 1, ``Standard Review Plan for Review of License
Renewal Applications for Nuclear Power Plants'' (ML052770566), NUREG-
1801, Revision 1, Volumes 1 and 2, ``Generic Aging Lessons Learned
(GALL) Report'' (ML052770419 and ML052780376), and NRC Regulatory Guide
1.188, Revision 1, ``Standard Format and Content for Applications to
Renew Nuclear Power Plant Operating Licenses'' (ML051920430).
Comments and Responses
In response to the request for public comment published in the
Federal Register, 74 FR 13272, NEI provided comments on both the
proposed LR-ISG process revision and proposed revision to RIS 2007-16.
The NRC staff plans to issue the final revision to RIS 2007-16
separately from the LR-ISG process. As such, this notice only addresses
comments that the NRC staff has determined to be applicable to the
proposed LR-ISG process revision. Also, NEI's comments from the April
29, 2009, public meeting are consistent with those provided in its May
27, 2009 letter. These comments are identified by number in the NEI's
letter. The NRC staff's responses to each comment follow.
[[Page 41463]]
(1) NEI's first comment addresses the proposed revision to RIS
2007-16. The NRC staff is addressing this comment in the revision to
RIS 2007-16, which is planned to be issued separately.
(2) NEI commented that it agrees with the NRC staff's proposed
change to RIS 2007-16 to include a backfit review of all LR-ISG
documents under 10 CFR 50.109. However, NEI further commented, this
addition of backfit review for LR-ISGs should have no impact on
implementation or interpretation of 10 CFR 54.37(b). The NRC staff
agrees with NEI's comment and no changes have been made from the
proposed LR-ISG process revision. The revised LR-ISG process contains
the framework for developing and implementing LR-ISGs, including
provisions for determining whether 10 CFR 54.37(b) and 10 CFR 50.109
apply to an LR-ISG, and according documentation. The LR-ISG process
references RIS 2007-16, which provides guidance on interpretation and
licensee implementation of 10 CFR 54.37(b).
NEI also commented that it agrees with the NRC staff's proposed
change to extend the LR-ISG process to include environmental review
issues. As such, the NRC staff has made no changes to the proposed LR-
ISG process revision.
(3) NEI recommended that the NRC consider splitting RIS 2007-16
into two separate documents, one on implementation of 10 CFR 54.37(b)
and the other on the LR-ISG process, including the requirement for
backfit analysis for proposed LR-ISGs. The NRC staff agrees with NEI's
recommendation that the documents are separate. The two documents are
the revised LR-ISG process and RIS 2007-16. The NRC staff intends for
the focus of these two documents to be as described in the response to
the previous comment.
In its comments, NEI also suggested that the NRC include the
requirement for ``backfit analysis'' for LR-ISGs. The NRC staff would
like to clarify that, as described in the proposed LR-ISG process
revision, the NRC staff will perform a backfitting review of LR-ISGs;
however, the NRC staff will only prepare a backfitting analysis in
certain cases, which is consistent with the requirements of 10 CFR
50.109. If, as a result of its backfitting review, the NRC staff
determines that an LR-ISG constitutes backfitting, as defined in 10 CFR
50.109(a)(1), then a backfitting analysis is required to demonstrate
that backfitting is necessary because it constitutes a substantial
increase in protection to public health and safety or the common
defense and security, and the cost is justified in light of the
substantial increase. If an LR-ISG constitutes backfitting, but one or
more of the exceptions in 10 CFR 50.109(a)(4)(i) through (iii) apply,
then a backfitting analysis is not required, but the NRC staff is
required to prepare a documented backfitting evaluation.
(4) NEI commented that the NRC deleted from RIS 2007-16, Revision
0, NRC's agreement to inform renewed license holders of new LR-ISGs and
to inform the industry of ``newly identified'' SSCs. NEI suggested that
this information could be added to Section 4.2.4 of the LR-ISG process.
NEI indicated that this information is valuable to licensees and
requested that the NRC staff retain the expectation to communicate it.
The NRC staff agrees with NEI's comment to include this information
in Section 4.2.4 of the LR-ISG process. Accordingly, the revised LR-ISG
process states that when an LR-ISG constitutes backfitting under 10 CFR
50.109, or communicates ``newly-identified'' SSCs under the provisions
of 10 CFR 54.37(b), the NRC staff will notify applicable renewed
license holders as appropriate, for example, by issuing letters or a
generic communication. The NRC staff will continue to make draft and
final LR-ISGs publicly available, and notices of availability or the
opportunity to provide comments will be published in the Federal
Register. Electronic copies of draft and final LR-ISGs will be made
available on the NRC's public Web site.
Dated at Rockville, Maryland, this 7th day of August, 2009.
For the Nuclear Regulatory Commission.
Samson S. Lee,
Deputy Director, Division of License Renewal, Office of Nuclear Reactor
Regulation.
[FR Doc. E9-19646 Filed 8-14-09; 8:45 am]
BILLING CODE 7590-01-P
