Event Reporting Guidelines, 9743-9745 [2013-03036]
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Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Notices
Dated: February 5, 2013.
Jerri Murray,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2013–02944 Filed 2–8–13; 8:45 am]
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NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: 13–011]
NASA Advisory Council; Education
and Public Outreach Committee;
Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of Meeting.
AGENCY:
In accordance with the
Federal Advisory Committee Act, Public
Law 92–463, as amended, the National
Aeronautics and Space Administration
announces a meeting of the Education
and Public Outreach Committee of the
NASA Advisory Council (NAC).
DATES: Tuesday, March 5, 2013, 9:00
a.m. to 5:00 p.m., Local Time.
ADDRESSES: NASA Headquarters, 300 E
Street SW., Washington, DC 20546,
Room 7H45–A.
FOR FURTHER INFORMATION CONTACT: This
meeting will also take place
telephonically and via WebEx. Any
interested person should contact Ms.
Erika G. Vick, Executive Secretary for
the Education and Public Outreach
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20456, at Erika.vick-1@nasa.gov, no
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committee meetings can be found at
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SUMMARY:
The
agenda for the meeting includes the
following topics:
• November 2012 Meeting Review
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• NASA Communications Current
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• Review Current Committee
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SUPPLEMENTARY INFORMATION:
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NATIONAL SCIENCE FOUNDATION
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Agenda
Advisory Committee for Environmental
Research and Education; Notice of
Meeting
In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
463, as amended), the National Science
Foundation announces the following
meeting:
Name: Advisory Committee for
Environmental Research and Education,
#9487.
Dates: March 13, 2013, 9:00 a.m.–5:00
p.m., and March 14, 2013, 9:00 a.m.–
2:00 p.m.
Place: Stafford I, Room 1235, National
Science Foundation, 4201Wilson Blvd.,
Arlington, Virginia 22230.
Type of Meeting: Open.
Contact Person: Beth Zelenski,
National Science Foundation, Suite 705,
4201 Wilson Blvd., Arlington, Virginia
22230. Phone 703–292–8500.
Minutes: May be obtained from the
contact person listed above.
Purpose of Meeting: To provide
advice, recommendations, and oversight
concerning support for environmental
research and education.
March 13, 2013
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• Update on NSF environmental
research and education activities
• Update on national and
international collaborations
• Update on NSF’s Science,
Engineering and Education for
Sustainability portfolio (SEES)
March 14, 2013
[FR Doc. 2013–02997 Filed 2–8–13; 8:45 am]
Sunshine Act; Notice of Agency
Meeting
• Update on NSF priority areas
• Meeting with the NSF Director, Dr.
Subra Suresh
12:00 p.m., Friday,
February 8, 2013.
Dated: February 6, 2013.
Susanne Bolton,
Committee Management Officer.
TIME AND DATE:
Board Room, 7th Floor, Room
7047, 1775 Duke Street, Alexandria, VA
22314–3428.
PLACE:
STATUS:
Closed
1. Consideration of Supervisory
Activities. Closed pursuant to
Exemptions (5), (7), (8) and (9)(i)(B) and
(ii).
FOR FURTHER INFORMATION CONTACT:
Mary Rupp, Secretary of the Board,
Telephone: 703–518–6304.
Mary Rupp,
Board Secretary.
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[NRC–2011–0237]
Event Reporting Guidelines
Nuclear Regulatory
Commission.
ACTION: NUREG–1022, Revision 3;
notice of availability.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has issued NUREG–
1022, Revision 3, ‘‘Event Reporting
Guidelines: 10 CFR 50.72 and 50.73.’’
SUMMARY:
[FR Doc. 2013–03207 Filed 2–7–13; 4:15 pm]
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COMMISSION
MATTERS TO BE CONSIDERED:
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Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Notices
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The NUREG–1022 contains guidelines
that the NRC staff considers acceptable
for use in meeting the event reporting
requirements for operating nuclear
power reactors. Revision 3 to NUREG–
1022 incorporates clarifying revisions to
the guidelines.
DATES: The effective date of NUREG–
1022, Revision 3, is July 1, 2013.
ADDRESSES: Please refer to Docket ID
NRC–2011–0237 when contacting the
NRC about the availability of
information regarding this document.
You may access information related to
this document, which the NRC
possesses and are publicly-available,
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2011–0237. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publiclyavailable documents online in the NRC
Library at https://www.nrc.gov/readingrm/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 pdr.resource@nrc.gov. NUREG–
1022, Revision 3 may be found in
ADAMS under Accession No.
ML13032A220.
• 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.
FOR FURTHER INFORMATION CONTACT:
Timothy Kobetz, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1932, email: Timothy.Kobetz@nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
On October 13, 2011 (76 FR 63565),
the NRC issued a Federal Register
notice requesting public comment on
the draft Revision 3 to NUREG–1022.
Fourteen comment submissions from
utilities or industry groups were
received. The comment submissions are
available under ADAMS Accession
Nos.: ML11342A057, ML11353A269,
ML11343A027, ML11347A428,
ML11350A1132, ML11350A108,
ML11350A109, ML11353A408,
ML11353A409, ML11353A410,
ML11353A411, ML11361A433,
ML12005A210, ML12006A205, and
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ML12023A039. The NRC response to
comments on draft Revision 3 of
NUREG–1022 may be found in ADAMS
under Accession No. ML12216A191. A
summary of the major comments and
how the NRC addressed those
comments in the final version of
NUREG–1022, Revision 3, is as follows:
• ‘‘Events or Conditions That Could
Have Prevented Fulfillment of a Safety
Function.’’ [50.72(b)(3)(v) and
50.73(a)(2)(v)]—Systems within scope.
The comments indicated that the
position found in the draft Revision 3 to
NUREG–1022 constituted an NRC
change in position in that the proposed
position was contrary to discussions
found in the Federal Register notice for
the rule and RIS 2001–14. Upon further
review, the NRC agrees. The final
position is revised to be consistent with
the positions found in the Federal
Register notice associated with the rule,
Regulatory Issue Summary 2001–14,
and current guidance found in NUREG–
1022, Revision 2. Systems within scope
include only safety-related SSCs
required by the Technical Specifications
to be operable that are intended to
mitigate the consequences of an
accident as discussed in Chapters 6 and
15 of the Final Safety Analysis Report
(or equivalent chapters).
• ‘‘Events or Conditions That Could
Have Prevented Fulfillment of a Safety
Function.’’ [50.72(b)(3)(v) and
50.73(a)(2)(v)]—Impact of Technical
Specification on reportability. The
comments indicated that the position
found in the draft Revision 3 to
NUREG–1022 constituted a change in
NRC position. The comments also
indicated that the changes, if
implemented, will have the effect of
requiring licensees to report events or
conditions as a ‘‘loss of safety function’’
where no function is lost since a system
may be declared inoperable and still be
capable of providing the function relied
upon in the plant’s safety analysis.
Upon further review, the NRC disagrees
and the position found in the draft
Revision 3 to NUREG–1022 is retained
in the final version. For systems within
scope, the inadvertent TS inoperability
of a system in a required mode of
applicability constitutes an event or
condition for which there is no longer
a reasonable expectation that equipment
can fulfill its safety function. Therefore,
such events or conditions are reportable.
• Reporting of Historical Events that
Are Not Ongoing at the Time of
Discovery under 10 CFR 50.72(a)(1)(ii).
The comments indicated that the
position found in the draft Revision 3 to
NUREG–1022 constituted a change in
NRC position. The comments also
indicated that the reporting of historical
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events is a change that is inconsistent
with the previously stated purposes for
ENS notifications, which are to allow
the NRC to determine whether
immediate response is needed to
ongoing events and to keep external
stakeholders apprised of emerging
events. Upon further review, the NRC
disagrees and the position found in the
draft Revision 3 to NUREG–1022 is
retained in the final version. With the
exception of ‘‘Events or Conditions that
Could Have Prevented Fulfillment of a
Safety Function,’’ (due to specific
language found in 10 CFR
50.72(b)(3)(v)), and 10 CFR
50.72(a)(1)(ii) requires notifications for
any event that occurred within 3 years
of the date of discovery, even if the
event was not ongoing at the time of
discovery.
• Deletion of 10 CFR Part 21
guidance. The comments indicated that
deletion of 10 CFR Part 21 guidance will
result in no guidance being available for
defect reporting. Upon further review,
the NRC partially agrees with the
submitted comments. The 10 CFR Part
21 guidance remains deleted in the final
version of NUREG–1022, Revision 3,
however, this Federal Register notice
contains additional information below
on the matter.
It should also be noted that an NRC
employee non-concurred on the
document and the employees’ concerns
and the agency disposition may be
found under ADAMS Accession No.
ML12363A061. The non-concurrence
was in regard to systems within scope
of ‘‘Events or Conditions That Could
Have Prevented Fulfillment of a Safety
Function’’ [50.72(b)(3)(v) and
50.73(a)(2)(v)].
Discussion
NUREG–1022 contains guidelines that
the NRC staff considers acceptable for
use in meeting the reporting
requirements of Title 10 of the Code of
Federal Regulations (10 CFR) 50.72 and
10 CFR 50.73. Revision 3 to NUREG–
1022 incorporates revisions to the
guidelines for the purpose of
clarification. A discussion of the
changes in NUREG–1022, Revision 3,
may be found in the ‘‘Discussion of
Changes’’ document (ADAMS Accession
No. ML12216A185). Any changes in
NUREG–1022, Revision 3, that are not
discussed in the ‘‘Discussion of
Changes’’ document are to be
considered editorial in nature and
should not be construed to have any
regulatory or technical significance. The
‘‘Discussion of Changes’’ document also
contains a list of public meetings held
during the NUREG–1022 revision
process.
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Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Notices
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It should be noted that NUREG–1022,
Revision 2, Section 5.1.8, ‘‘10 CFR Part
21 Reports,’’ has been deleted because
the NRC staff is currently evaluating the
need for potential rulemaking associated
with 10 CFR part 21 reports. The current
NRC requirements and staff positions
have not changed (i.e., stakeholders can
use positions found in the 10 CFR Part
21 FRN and NUREG–1022, Revision 2,
while the NRC determines the course of
action associated with 10 CFR Part 21).
NUREG–1022, Revision 3, will
become effective July 1, 2013. The
reportability of newly discovered events
or conditions (whether on-going or that
may have occurred within 3 years prior
to discovery) on or after the effective
date will be evaluated by the staff using
the guidance in NUREG–1022, Revision
3.
Backfitting and Issue Finality
The NRC has determined that the
Backfit Rule, 10 CFR 50.109,
‘‘Backfitting,’’ does not apply to the
issuance of the revised guidance in
NUREG–1022, Revision 3. The revised
guidance in NUREG–1022, Revision 3,
addresses compliance with the
information collection and reporting
requirements in 10 CFR 50.72 and 10
CFR 50.73. The Backfit Rule does not
apply to information collection and
reporting requirements. Therefore, the
NRC has not prepared a backfit analysis
for the issuance of Revision 3 to
NUREG–1022.
In addition, the NRC has determined
that issuance of the revised guidance in
NUREG–1022, Revision 3, is not
inconsistent with any of the issue
finality provisions in 10 CFR Part 52,
‘‘Licenses, Certifications, and Approvals
for Nuclear Power Plants.’’ Those issue
finality provisions do not apply to
information collection and reporting
obligations imposed on operators of
nuclear power plants. In addition, the
issue finality provisions in 10 CFR Part
52 do not apply to prospective
applicants. As of the issuance of this
revised guidance, there are no holders of
combined licenses under 10 CFR part 52
that are currently protected by 10 CFR
Part 52 issue finality provisions relevant
to operation (i.e., the period after the
Commission has made the finding under
10 CFR 52.103(g)). Therefore, the NRC is
not precluded from issuing NUREG–
1022, Revision 3, by any of the 10 CFR
Part 52 issue finality provisions.
Regulatory Analysis
The NRC performs regulatory analyses
to support many NRC actions that affect
nuclear power reactor and nonpower
reactor licensees. The regulatory
analysis process is intended to be an
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integral part of the NRC’s
decisionmaking that systematically
provides complete disclosure of the
relevant information supporting a
regulatory decision. The NUREG/BR–
0058, Revision 4, ‘‘Regulatory Analysis
Guidelines of the U.S. Nuclear
Regulatory Commission,’’ issued
September 2004 (ADAMS Accession No.
ML042820192) sets forth the NRC’s
policy for the preparation and the
contents of regulatory analyses. As
discussed in Section 2.2 of NUREG/BR–
0058, Revision 4, mechanisms used by
the NRC staff to establish or
communicate generic requirements,
guidance, requests, or staff positions
that would affect a change in the use of
resources by its licensees should
include an accompanying regulatory
analysis. Some changes found in
NUREG–1022, Revision 3, can be
construed as offering new positions or
possibly affecting licensee resources. As
a result, the staff determined that it
should perform a regulatory analysis in
order to provide complete disclosure of
the relevant information supporting
decisions associated with changes found
in NUREG–1022, Revision 3. The final
regulatory analysis can be found in
ADAMS under Accession No.
ML12216A186. Some of the comments
contained within the fourteen comment
submissions were comments pertaining
to the Draft Regulatory Analysis
(ADAMS Accession No. ML11116A168)
that was issued along with the Draft
NUREG–1022, Revision 3. A summary
of the major/key comments and how the
NRC addressed those comments in the
final version of the regulatory analysis,
is as follows:
• The draft regulatory analysis is
inadequate in that no discussion on the
deletion of 10 CFR part 21 guidance was
presented. Upon further review, the
NRC disagrees. A regulatory analysis on
removal of 10 CFR Part 21 discussions
is not required since, as indicated in
this Federal Register notice, the current
NRC requirements and staff positions
have not changed.
• The draft regulatory analysis is
inadequate in that there are no specific
discussions on changes associated with
(1) ‘‘Events or Conditions That Could
Have Prevented Fulfillment of a Safety
Function’’ [50.72(b)(3)(v) and
50.73(a)(2)(v)]—Impact of Technical
Specification on reportability, and (2)
Reporting of Historical Events under 10
CFR 50.72(a)(1)(ii). The regulatory
analysis provides neither any analysis to
justify the changes nor does it attempt
to assess the potential impact(s) of the
changes. Upon further review, the NRC
disagrees. The NRC does not consider
the positions found in NUREG–1022,
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9745
Revision 3 to be changes in staff
position.
• The draft regulatory analysis on
‘‘Events or Conditions That Could Have
Prevented Fulfillment of a Safety
Function’’ [50.72(b)(3)(v) and
50.73(a)(2)(v)]—Systems within scope,
is inadequate in that the regulatory
analysis underestimates the impact of
the change on plant resources. Upon
further review, the NRC agrees. The
impact to stakeholders should now be
minimal as the final NUREG–1022,
Revision 3 position is revised to be
consistent with the positions found in
the Federal Register Notice associated
with the rule, Regulatory Issue
Summary 2001–14, and current
guidance found in NUREG–1022,
Revision 2. The regulatory analysis
provides a complete disclosure of the
relevant information supporting
decisions associated with changes found
in NUREG–1022, Revision 3.
Dated at Rockville, Maryland, this 5th day
of February 2013.
For the Nuclear Regulatory Commission.
Ho K. Nieh,
Director, Division of Inspections and Regional
Support, Office of Nuclear Reactor
Regulation.
[FR Doc. 2013–03036 Filed 2–8–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–305; NRC–2013–0028]
Kewaunee Power Station; Application
for Amendment to Facility Operating
License
Nuclear Regulatory
Commission.
ACTION: License amendment application;
withdrawal.
AGENCY:
Please refer to Docket ID
NRC–2013–0028 when contacting the
NRC about the availability of
information regarding this document.
You may access information related to
this document, which the NRC
possesses and are publicly available,
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0028. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
ADDRESSES:
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]]>Agencies
[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Notices]
[Pages 9743-9745]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03036]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[NRC-2011-0237]
Event Reporting Guidelines
AGENCY: Nuclear Regulatory Commission.
ACTION: NUREG-1022, Revision 3; notice of availability.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued NUREG-
1022, Revision 3, ``Event Reporting Guidelines: 10 CFR 50.72 and
50.73.''
[[Page 9744]]
The NUREG-1022 contains guidelines that the NRC staff considers
acceptable for use in meeting the event reporting requirements for
operating nuclear power reactors. Revision 3 to NUREG-1022 incorporates
clarifying revisions to the guidelines.
DATES: The effective date of NUREG-1022, Revision 3, is July 1, 2013.
ADDRESSES: Please refer to Docket ID NRC-2011-0237 when contacting the
NRC about the availability of information regarding this document. You
may access information related to this document, which the NRC
possesses and are publicly-available, using any of the following
methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2011-0237. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly-available documents online in the NRC
Library at https://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 pdr.resource@nrc.gov. NUREG-1022, Revision 3 may
be found in ADAMS under Accession No. ML13032A220.
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.
FOR FURTHER INFORMATION CONTACT: Timothy Kobetz, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1932, email: Timothy.Kobetz@nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
On October 13, 2011 (76 FR 63565), the NRC issued a Federal
Register notice requesting public comment on the draft Revision 3 to
NUREG-1022. Fourteen comment submissions from utilities or industry
groups were received. The comment submissions are available under ADAMS
Accession Nos.: ML11342A057, ML11353A269, ML11343A027, ML11347A428,
ML11350A1132, ML11350A108, ML11350A109, ML11353A408, ML11353A409,
ML11353A410, ML11353A411, ML11361A433, ML12005A210, ML12006A205, and
ML12023A039. The NRC response to comments on draft Revision 3 of NUREG-
1022 may be found in ADAMS under Accession No. ML12216A191. A summary
of the major comments and how the NRC addressed those comments in the
final version of NUREG-1022, Revision 3, is as follows:
``Events or Conditions That Could Have Prevented
Fulfillment of a Safety Function.'' [50.72(b)(3)(v) and
50.73(a)(2)(v)]--Systems within scope. The comments indicated that the
position found in the draft Revision 3 to NUREG-1022 constituted an NRC
change in position in that the proposed position was contrary to
discussions found in the Federal Register notice for the rule and RIS
2001-14. Upon further review, the NRC agrees. The final position is
revised to be consistent with the positions found in the Federal
Register notice associated with the rule, Regulatory Issue Summary
2001-14, and current guidance found in NUREG-1022, Revision 2. Systems
within scope include only safety-related SSCs required by the Technical
Specifications to be operable that are intended to mitigate the
consequences of an accident as discussed in Chapters 6 and 15 of the
Final Safety Analysis Report (or equivalent chapters).
``Events or Conditions That Could Have Prevented
Fulfillment of a Safety Function.'' [50.72(b)(3)(v) and
50.73(a)(2)(v)]--Impact of Technical Specification on reportability.
The comments indicated that the position found in the draft Revision 3
to NUREG-1022 constituted a change in NRC position. The comments also
indicated that the changes, if implemented, will have the effect of
requiring licensees to report events or conditions as a ``loss of
safety function'' where no function is lost since a system may be
declared inoperable and still be capable of providing the function
relied upon in the plant's safety analysis. Upon further review, the
NRC disagrees and the position found in the draft Revision 3 to NUREG-
1022 is retained in the final version. For systems within scope, the
inadvertent TS inoperability of a system in a required mode of
applicability constitutes an event or condition for which there is no
longer a reasonable expectation that equipment can fulfill its safety
function. Therefore, such events or conditions are reportable.
Reporting of Historical Events that Are Not Ongoing at the
Time of Discovery under 10 CFR 50.72(a)(1)(ii). The comments indicated
that the position found in the draft Revision 3 to NUREG-1022
constituted a change in NRC position. The comments also indicated that
the reporting of historical events is a change that is inconsistent
with the previously stated purposes for ENS notifications, which are to
allow the NRC to determine whether immediate response is needed to
ongoing events and to keep external stakeholders apprised of emerging
events. Upon further review, the NRC disagrees and the position found
in the draft Revision 3 to NUREG-1022 is retained in the final version.
With the exception of ``Events or Conditions that Could Have Prevented
Fulfillment of a Safety Function,'' (due to specific language found in
10 CFR 50.72(b)(3)(v)), and 10 CFR 50.72(a)(1)(ii) requires
notifications for any event that occurred within 3 years of the date of
discovery, even if the event was not ongoing at the time of discovery.
Deletion of 10 CFR Part 21 guidance. The comments
indicated that deletion of 10 CFR Part 21 guidance will result in no
guidance being available for defect reporting. Upon further review, the
NRC partially agrees with the submitted comments. The 10 CFR Part 21
guidance remains deleted in the final version of NUREG-1022, Revision
3, however, this Federal Register notice contains additional
information below on the matter.
It should also be noted that an NRC employee non-concurred on the
document and the employees' concerns and the agency disposition may be
found under ADAMS Accession No. ML12363A061. The non-concurrence was in
regard to systems within scope of ``Events or Conditions That Could
Have Prevented Fulfillment of a Safety Function'' [50.72(b)(3)(v) and
50.73(a)(2)(v)].
Discussion
NUREG-1022 contains guidelines that the NRC staff considers
acceptable for use in meeting the reporting requirements of Title 10 of
the Code of Federal Regulations (10 CFR) 50.72 and 10 CFR 50.73.
Revision 3 to NUREG-1022 incorporates revisions to the guidelines for
the purpose of clarification. A discussion of the changes in NUREG-
1022, Revision 3, may be found in the ``Discussion of Changes''
document (ADAMS Accession No. ML12216A185). Any changes in NUREG-1022,
Revision 3, that are not discussed in the ``Discussion of Changes''
document are to be considered editorial in nature and should not be
construed to have any regulatory or technical significance. The
``Discussion of Changes'' document also contains a list of public
meetings held during the NUREG-1022 revision process.
[[Page 9745]]
It should be noted that NUREG-1022, Revision 2, Section 5.1.8, ``10
CFR Part 21 Reports,'' has been deleted because the NRC staff is
currently evaluating the need for potential rulemaking associated with
10 CFR part 21 reports. The current NRC requirements and staff
positions have not changed (i.e., stakeholders can use positions found
in the 10 CFR Part 21 FRN and NUREG-1022, Revision 2, while the NRC
determines the course of action associated with 10 CFR Part 21).
NUREG-1022, Revision 3, will become effective July 1, 2013. The
reportability of newly discovered events or conditions (whether on-
going or that may have occurred within 3 years prior to discovery) on
or after the effective date will be evaluated by the staff using the
guidance in NUREG-1022, Revision 3.
Backfitting and Issue Finality
The NRC has determined that the Backfit Rule, 10 CFR 50.109,
``Backfitting,'' does not apply to the issuance of the revised guidance
in NUREG-1022, Revision 3. The revised guidance in NUREG-1022, Revision
3, addresses compliance with the information collection and reporting
requirements in 10 CFR 50.72 and 10 CFR 50.73. The Backfit Rule does
not apply to information collection and reporting requirements.
Therefore, the NRC has not prepared a backfit analysis for the issuance
of Revision 3 to NUREG-1022.
In addition, the NRC has determined that issuance of the revised
guidance in NUREG-1022, Revision 3, is not inconsistent with any of the
issue finality provisions in 10 CFR Part 52, ``Licenses,
Certifications, and Approvals for Nuclear Power Plants.'' Those issue
finality provisions do not apply to information collection and
reporting obligations imposed on operators of nuclear power plants. In
addition, the issue finality provisions in 10 CFR Part 52 do not apply
to prospective applicants. As of the issuance of this revised guidance,
there are no holders of combined licenses under 10 CFR part 52 that are
currently protected by 10 CFR Part 52 issue finality provisions
relevant to operation (i.e., the period after the Commission has made
the finding under 10 CFR 52.103(g)). Therefore, the NRC is not
precluded from issuing NUREG-1022, Revision 3, by any of the 10 CFR
Part 52 issue finality provisions.
Regulatory Analysis
The NRC performs regulatory analyses to support many NRC actions
that affect nuclear power reactor and nonpower reactor licensees. The
regulatory analysis process is intended to be an integral part of the
NRC's decisionmaking that systematically provides complete disclosure
of the relevant information supporting a regulatory decision. The
NUREG/BR-0058, Revision 4, ``Regulatory Analysis Guidelines of the U.S.
Nuclear Regulatory Commission,'' issued September 2004 (ADAMS Accession
No. ML042820192) sets forth the NRC's policy for the preparation and
the contents of regulatory analyses. As discussed in Section 2.2 of
NUREG/BR-0058, Revision 4, mechanisms used by the NRC staff to
establish or communicate generic requirements, guidance, requests, or
staff positions that would affect a change in the use of resources by
its licensees should include an accompanying regulatory analysis. Some
changes found in NUREG-1022, Revision 3, can be construed as offering
new positions or possibly affecting licensee resources. As a result,
the staff determined that it should perform a regulatory analysis in
order to provide complete disclosure of the relevant information
supporting decisions associated with changes found in NUREG-1022,
Revision 3. The final regulatory analysis can be found in ADAMS under
Accession No. ML12216A186. Some of the comments contained within the
fourteen comment submissions were comments pertaining to the Draft
Regulatory Analysis (ADAMS Accession No. ML11116A168) that was issued
along with the Draft NUREG-1022, Revision 3. A summary of the major/key
comments and how the NRC addressed those comments in the final version
of the regulatory analysis, is as follows:
The draft regulatory analysis is inadequate in that no
discussion on the deletion of 10 CFR part 21 guidance was presented.
Upon further review, the NRC disagrees. A regulatory analysis on
removal of 10 CFR Part 21 discussions is not required since, as
indicated in this Federal Register notice, the current NRC requirements
and staff positions have not changed.
The draft regulatory analysis is inadequate in that there
are no specific discussions on changes associated with (1) ``Events or
Conditions That Could Have Prevented Fulfillment of a Safety Function''
[50.72(b)(3)(v) and 50.73(a)(2)(v)]--Impact of Technical Specification
on reportability, and (2) Reporting of Historical Events under 10 CFR
50.72(a)(1)(ii). The regulatory analysis provides neither any analysis
to justify the changes nor does it attempt to assess the potential
impact(s) of the changes. Upon further review, the NRC disagrees. The
NRC does not consider the positions found in NUREG-1022, Revision 3 to
be changes in staff position.
The draft regulatory analysis on ``Events or Conditions
That Could Have Prevented Fulfillment of a Safety Function''
[50.72(b)(3)(v) and 50.73(a)(2)(v)]--Systems within scope, is
inadequate in that the regulatory analysis underestimates the impact of
the change on plant resources. Upon further review, the NRC agrees. The
impact to stakeholders should now be minimal as the final NUREG-1022,
Revision 3 position is revised to be consistent with the positions
found in the Federal Register Notice associated with the rule,
Regulatory Issue Summary 2001-14, and current guidance found in NUREG-
1022, Revision 2. The regulatory analysis provides a complete
disclosure of the relevant information supporting decisions associated
with changes found in NUREG-1022, Revision 3.
Dated at Rockville, Maryland, this 5th day of February 2013.
For the Nuclear Regulatory Commission.
Ho K. Nieh,
Director, Division of Inspections and Regional Support, Office of
Nuclear Reactor Regulation.
[FR Doc. 2013-03036 Filed 2-8-13; 8:45 am]
BILLING CODE 7590-01-P
