Proposed Revisions to Design of Structures, Components, Equipment and Systems, 41434-41436 [2013-16585]

Download as PDF 41434 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Notices TKELLEY on DSK3SPTVN1PROD with NOTICES on the basis of race, religion, national origin, sex, or age. Procedures for Processing Fingerprint Checks For the purpose of complying with this Order, Licensees shall, using an appropriate method listed in 10 CFR 73.4, submit to the NRC’s Division of Facilities and Security, Mail Stop TWB– 05B32M, one completed, legible standard fingerprint card (Form FD–258, ORIMDNRC000Z), or where practicable, other fingerprint records for each individual seeking access to Safeguards Information, to the Director of the Division of Facilities and Security, marked for the attention of the Division’s Criminal History Program. Copies of these forms may be obtained by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555, by calling 630–829–9565, or by email to forms.resource@nrc.gov. Practicable alternative formats are set forth in 10 CFR 73.4. The Licensee shall establish procedures to ensure that the quality of the fingerprints taken results in minimizing the rejection rate of fingerprint cards due to illegible or incomplete cards. The NRC will review submitted fingerprint cards for completeness. Any Form FD–258 fingerprint record containing omissions or evident errors will be returned to the Licensee for corrections. The fee for processing fingerprint checks includes one resubmission if the initial submission is returned by the FBI because the fingerprint impressions cannot be classified. The one free re-submission must have the FBI Transaction Control Number reflected on the re-submission. If additional submissions are necessary, they will be treated as initial submittals and will require a second payment of the processing fee. Fees for processing fingerprint checks are due upon application. Licensees shall submit payment with the application for processing fingerprints by corporate check, certified check, cashier’s check, or money order, made payable to ‘‘U.S. NRC.’’ [For guidance on making electronic payments, contact the Facilities Security Branch, Division of Facilities and Security, at 301–492– 3531]. Combined payment for multiple applications is acceptable. The application fee (currently $26) is the sum of the user fee charged by the FBI for each fingerprint card or other fingerprint record submitted by the NRC on behalf of a Licensee, and an NRC processing fee, which covers administrative costs associated with the NRC handling of Licensee fingerprint VerDate Mar<15>2010 17:42 Jul 09, 2013 Jkt 229001 submissions. The Commission will directly notify Licensees who are subject to this regulation of any fee changes. The Commission will forward to the submitting Licensee all data received from the FBI as a result of the Licensee’s application(s) for criminal history records checks, including the FBI fingerprint record. Right To Correct and Complete Information Prior to any final adverse determination, the Licensee shall make available to the individual the contents of any criminal records obtained from the FBI for the purpose of assuring correct and complete information. Written confirmation by the individual of receipt of this notification must be maintained by the Licensee for a period of one (1) year from the date of the notification. If, after reviewing the record, an individual believes that it is incorrect or incomplete in any respect and wishes to change, correct, or update the alleged deficiency, or to explain any matter in the record, the individual may initiate challenge procedures. These procedures include either direct application by the individual challenging the record to the agency (i.e., law enforcement agency) that contributed the questioned information, or direct challenge as to the accuracy or completeness of any entry on the criminal history record to the Assistant Director, Federal Bureau of Investigation Identification Division, Washington, DC 20537–9700 (as set forth in 28 CFR 16.30 through 16.34). In the latter case, the FBI forwards the challenge to the agency that submitted the data and requests that agency to verify or correct the challenged entry. Upon receipt of an official communication directly from the agency that contributed the original information, the FBI Identification Division makes any changes necessary in accordance with the information supplied by that agency. The Licensee must provide at least ten (10) days for an individual to initiate an action challenging the results of an FBI criminal history records check after the record is made available for his/her review. The Licensee may make a final SGI access determination based upon the criminal history record only upon receipt of the FBI’s ultimate confirmation or correction of the record. Upon a final adverse determination on access to SGI, the Licensee shall provide the individual its documented basis for denial. Access to SGI shall not be granted to an individual during the review process. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 Protection of Information 1. Each Licensee who obtains a criminal history record on an individual pursuant to this Order shall establish and maintain a system of files and procedures for protecting the record and the personal information from unauthorized disclosure. 2. The Licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, his/her representative, or to those who have a need to access the information in performing assigned duties in the process of determining access to Safeguards Information. No individual authorized to have access to the information may re-disseminate the information to any other individual who does not have a need-to-know. 3. The personal information obtained on an individual from a criminal history record check may be transferred to another Licensee if the Licensee holding the criminal history record check receives the individual’s written request to re-disseminate the information contained in his/her file, and the gaining Licensee verifies information such as the individual’s name, date of birth, social security number, sex, and other applicable physical characteristics for identification purposes. 4. The Licensee shall make criminal history records, obtained under this section, available for examination by an authorized representative of the NRC to determine compliance with the regulations and laws. 5. The Licensee shall retain all fingerprint and criminal history records received from the FBI, or a copy if the individual’s file has been transferred, for three (3) years after termination of employment or determination of access to SGI (whether access was approved or denied). After the required three (3) year period, these documents shall be destroyed by a method that will prevent reconstruction of the information in whole or in part. [FR Doc. 2013–16591 Filed 7–9–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2013–0147] Proposed Revisions to Design of Structures, Components, Equipment and Systems Nuclear Regulatory Commission. ACTION: Standard review plan-draft section revision; request for comment. AGENCY: E:\FR\FM\10JYN1.SGM 10JYN1 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Notices The U.S. Nuclear Regulatory Commission (NRC) is revising and soliciting public comment on Section 3.12, ‘‘ASME Code Class 1, 2 and 3 Piping Systems, Piping Components and their Associated Supports,’’ of NUREG– 0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.’’ DATES: Submit comments by August 9, 2013. Comments received after this date will be considered, if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0147. Address questions about NRC dockets to Carol Gallagher; telephone: 301–492–3668; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: 3WFN 6– A56, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. For additional direction on accessing information and submitting comments, see ‘‘Accessing Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Mr. Jonathan DeGange, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone at 301–415–6992 or email at Jonathan.DeGange@nrc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Accessing Information and Submitting Comments TKELLEY on DSK3SPTVN1PROD with NOTICES A. Accessing Information Please refer to Docket ID NRC–2013– 0147 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 is publicly available, by any of the following methods: • Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0147. • NRC’s Agencywide Documents Access and Management System VerDate Mar<15>2010 17:42 Jul 09, 2013 Jkt 229001 (ADAMS): You may access publicly available documents online in the NRC Library at http://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. The ADAMS Accession numbers for the redline document comparing the current revision and the proposed revision are available in ADAMS under Accession Nos.: Section 3.12, Proposed Revision 1 (ML12334A376), Current Revision 0 (ML070040002), Redline (ML12341A132). • 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. B. Submitting Comments Please include Docket ID NRC–2013– 0147 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Further Information The Office of New Reactors is revising Section 3.12 from the current version (ADAMS Accession No. ML070040002). In respect of this proposed revision 1 (ADAMS Accession No. ML12334A376), details of specific changes are included at the end of the proposed section, and are shown in the description of changes. The changes to Chapter 3 of this Standard Review Plan (SRP) reflect the PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 41435 current staff’s review methods and practices based on lessons learned from NRC reviews of design certification and combined license applications completed since the last revision of this chapter. These sections have been updated to reflect the requirements of ‘‘Resolution of Generic Safety Issues: Issue 89, Stiff Pipe Clamps,’’ (ADAMS Accession No. ML101720320), and Regulatory Guide 1.207, ‘‘Guidelines for Evaluating Fatigue Analyses Incorporating the Life Reduction of Metal Components due to the Effects of the Light-water Reactor Environment for New Reactors,’’ (ADAMS Accession No. ML070380586). The ADAMS accession number for the redline document comparing the current revision with the proposed revision is included in Section I.A of this document. The NRC staff is issuing this notice to solicit public comments on the proposed SRP Section 3.12 in Chapter 3. After the NRC staff considers any public comments, it will make a determination regarding the revised SRP Section 3.12 in Chapter 3. III. Backfitting and Issue Finality This draft SRP, if finalized, would provide guidance to the 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 structural integrity of pressure-retaining components, their supports, and core support structures which are considered to be ASME Code Class 1, 2 and 3. The draft SRP would also provide 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 draft SRP, if finalized, would not constitute backfitting as defined in 10 CFR 50.109, or otherwise be inconsistent with the issue finality provisions in 10 CFR part 52. The staff’s position is based upon the following considerations. 1. The draft SRP positions, if finalized, do not constitute backfitting, inasmuch as the SRP is internal guidance to NRC staff. The SRP provides interim 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 applicants or licensees are protected under 10 CFR 50.109 or issue finality provisions in 10 CFR Part 52. E:\FR\FM\10JYN1.SGM 10JYN1 TKELLEY on DSK3SPTVN1PROD with NOTICES 41436 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Notices 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 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 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, at this time, intend to impose the positions represented in the draft SRP section (if finalized) in a manner that is inconsistent with any issue finality provisions. If, in the future, the staff seeks to impose a position in the draft SRP section (if finalized) in a manner which 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. 3. The staff has no intention to impose the draft 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 draft SRP section to existing (already issued) licenses (e.g., operating licenses and combined licenses) and regulatory approvals—in this case, design certifications. Hence, the draft SRP— even if considered guidance which 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 draft SRP (if finalized) on holders of already issued licenses in a manner which 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 applicable issue finality provision, as applicable. Dated at Rockville, Maryland, this 27th day of June 2013. VerDate Mar<15>2010 17:42 Jul 09, 2013 Jkt 229001 For the Nuclear Regulatory Commission. Joseph Colaccino, Chief, Policy Branch, Division of Advanced Reactors and Rulemaking, Office of New Reactors. [FR Doc. 2013–16585 Filed 7–9–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2013–0150] Proposed Revision to Treatment of Non-Safety Systems for Passive Advanced Light Water Reactors Nuclear Regulatory Commission. ACTION: Standard review plan-draft section revision; request for comment and use; re-notice. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is re-noticing the solicitation for public comment published in the Federal Register on October 12, 2012 (77 FR 62270), on the NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,’’ on a proposed new section to its Standard Review Plan (SRP), Section 19.3, ‘‘Regulatory Treatment of NonSafety Systems (RTNSS) for Passive Advanced Light Water Reactors.’’ The NRC seeks public comment on a narrow area of focus related to a revised position on the treatment of the high winds external hazard for certain RTNSS structures, systems, and components. DATES: Submit comments by August 9, 2013. Comments received after this date will be considered, if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may access information and comment submissions related to this document, which the NRC possesses and are publicly available, by searching on http://www.regulations.gov under Docket ID NRC–2013–0150. You may submit comments by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0150. Address questions about NRC dockets to Carol Gallagher; telephone: 301–492–3668; email: Carol.Gallagher@nrc.gov. • Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: 3WFN 6–A56 U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. SUMMARY: PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 • For additional direction on accessing information and submitting comments, see ‘‘Accessing Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Mr. Jonathan DeGange, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–6992, email: mailto:Jonathan.DeGange@nrc.gov. SUPPLEMENTARY INFORMATION: I. Accessing Information and Submitting Comments A. Accessing Information Please refer to Docket ID NRC–2013– 0150 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, by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–XXX. • 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/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. 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. The SRP Section 19.3 is re-noticed in its entirety under ADAMS Accession ML13081A756. • 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, MD 20852. B. Submitting Comments Please include Docket ID NRC–2013– 0150 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The will NRC posts all comment submissions at http:// E:\FR\FM\10JYN1.SGM 10JYN1

Agencies

[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Notices]
[Pages 41434-41436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16585]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2013-0147]


Proposed Revisions to Design of Structures, Components, Equipment 
and Systems

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan-draft section revision; request for 
comment.

-----------------------------------------------------------------------

[[Page 41435]]

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is revising and 
soliciting public comment on Section 3.12, ``ASME Code Class 1, 2 and 3 
Piping Systems, Piping Components and their Associated Supports,'' of 
NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis 
Reports for Nuclear Power Plants: LWR Edition.''

DATES: Submit comments by August 9, 2013. Comments received after this 
date will be considered, if it is practical to do so, but the 
Commission is able to ensure consideration only for comments received 
on or before this date.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0147. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Mail comments to: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch (RADB), Office of Administration, 
Mail Stop: 3WFN 6-A56, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on accessing information and submitting 
comments, see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Mr. Jonathan DeGange, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone at 301-415-6992 or email at Jonathan.DeGange@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2013-0147 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 is publicly available, by any of the following methods:
     Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0147.
     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 pdr.resource@nrc.gov. The ADAMS Accession numbers 
for the redline document comparing the current revision and the 
proposed revision are available in ADAMS under Accession Nos.: Section 
3.12, Proposed Revision 1 (ML12334A376), Current Revision 0 
(ML070040002), Redline (ML12341A132).
     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.

B. Submitting Comments

    Please include Docket ID NRC-2013-0147 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Further Information

    The Office of New Reactors is revising Section 3.12 from the 
current version (ADAMS Accession No. ML070040002). In respect of this 
proposed revision 1 (ADAMS Accession No. ML12334A376), details of 
specific changes are included at the end of the proposed section, and 
are shown in the description of changes.
    The changes to Chapter 3 of this Standard Review Plan (SRP) reflect 
the current staff's review methods and practices based on lessons 
learned from NRC reviews of design certification and combined license 
applications completed since the last revision of this chapter.
    These sections have been updated to reflect the requirements of 
``Resolution of Generic Safety Issues: Issue 89, Stiff Pipe Clamps,'' 
(ADAMS Accession No. ML101720320), and Regulatory Guide 1.207, 
``Guidelines for Evaluating Fatigue Analyses Incorporating the Life 
Reduction of Metal Components due to the Effects of the Light-water 
Reactor Environment for New Reactors,'' (ADAMS Accession No. 
ML070380586). The ADAMS accession number for the redline document 
comparing the current revision with the proposed revision is included 
in Section I.A of this document.
    The NRC staff is issuing this notice to solicit public comments on 
the proposed SRP Section 3.12 in Chapter 3. After the NRC staff 
considers any public comments, it will make a determination regarding 
the revised SRP Section 3.12 in Chapter 3.

III. Backfitting and Issue Finality

    This draft SRP, if finalized, would provide guidance to the 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 structural integrity of pressure-retaining 
components, their supports, and core support structures which are 
considered to be ASME Code Class 1, 2 and 3. The draft SRP would also 
provide 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 draft SRP, if finalized, would not constitute 
backfitting as defined in 10 CFR 50.109, or otherwise be inconsistent 
with the issue finality provisions in 10 CFR part 52. The staff's 
position is based upon the following considerations.
    1. The draft SRP positions, if finalized, do not constitute 
backfitting, inasmuch as the SRP is internal guidance to NRC staff.
    The SRP provides interim 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 applicants 
or licensees are protected under 10 CFR 50.109 or issue finality 
provisions in 10 CFR Part 52.

[[Page 41436]]

    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 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 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, at 
this time, intend to impose the positions represented in the draft SRP 
section (if finalized) in a manner that is inconsistent with any issue 
finality provisions. If, in the future, the staff seeks to impose a 
position in the draft SRP section (if finalized) in a manner which 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.
    3. The staff has no intention to impose the draft 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 draft SRP section to existing (already issued) 
licenses (e.g., operating licenses and combined licenses) and 
regulatory approvals--in this case, design certifications. Hence, the 
draft SRP--even if considered guidance which 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 draft SRP (if finalized) on holders of already issued licenses in a 
manner which 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 applicable issue finality 
provision, as applicable.

    Dated at Rockville, Maryland, this 27th day of June 2013.

    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, Division of Advanced Reactors and Rulemaking, 
Office of New Reactors.
[FR Doc. 2013-16585 Filed 7-9-13; 8:45 am]
BILLING CODE 7590-01-P