Interim Staff Guidance Specific Environmental Guidance for Integral Pressurized Water Reactors Reviews, 56752-56753 [2013-22322]

Download as PDF 56752 Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Notices Operations guidance, and would not 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 ISG positions, if finalized, do not constitute backfitting, inasmuch as the ESRP is internal guidance to NRC staff. The ISG 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 either nuclear power plant applicants or licensees are protected under either the Backfit Rule or the issue finality provisions of 10 CFR part 52. 2. Backfitting and issue finality do not—with limited exceptions not applicable here—protect current or future applicants. 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 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 ISG 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 ISG 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 applicable issue finality provision. tkelley on DSK3SPTVN1PROD with NOTICES Congressional Review Act This ISG is a rule as defined in the Congressional Review Act (5 U.S.C 801– 808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. Dated at Rockville, Maryland, this 5th day of September 2013. VerDate Mar<15>2010 18:23 Sep 12, 2013 Jkt 229001 For the Nuclear Regulatory Commission. Joseph Colaccino, Chief, Policy Branch, Division of Advanced Reactor and Rulemaking, Office of New Reactors. [FR Doc. 2013–22323 Filed 9–12–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2013–0211] Interim Staff Guidance Specific Environmental Guidance for Integral Pressurized Water Reactors Reviews Nuclear Regulatory Commission. ACTION: Draft Interim Staff Guidance; request for comment. AGENCY: The U.S Nuclear Regulatory Commission (NRC) staff is issuing for use of, and to solicit public comment on, draft Interim Staff Guidance (ISG) ESP/COL–ISG–027, ‘‘Interim Staff Guidance Specific Environmental Guidance for iPWR Reviews.’’ The purpose of this ISG is to clarify the NRC guidance and application of NUREG– 1555, ‘‘Environmental Standard Review Plan: ‘‘Standard Review Plans for Environmental Reviews for Nuclear Power Plants,’’ to environmental reviews for applications for licenses to construct and operate integral pressurized water reactors (iPWR). This guidance applies to environmental reviews associated with iPWR applications for limited work authorizations, construction permits, operating licenses, early site permits (ESPs), and combined licenses (COLs). DATES: Submit comments by October 15, 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 https://www.regulations.gov and search for Docket ID NRC–2013–0211. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3442; 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 SUMMARY: PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 Administration, Mail Stop: 3WFN–06– 44M, 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– 0211 when contacting the NRC about the availability of information regarding this document. You may access publicly-available information related to this document by any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2013–0211. • 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, 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 document (if that document is available in ADAMS) is provided the first time that a document is referenced. Interim Staff Guidance for iPWR, ISG–027, can be found at ADAMS Accession No. ML12342A228. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. • The agency posts its issued staff guidance in the agency external Web page https://www.nrc.gov/reading-rm/ doc-collections/isg. B. Submitting Comments Please include Docket ID NRC–2013– 0211 in the subject line of your comment submission, in order to ensure that the NRC is able to make your E:\FR\FM\13SEN1.SGM 13SEN1 Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Notices tkelley on DSK3SPTVN1PROD with NOTICES 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 you comment submission. The NRC will post all comment submissions at https:// 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. The NRC staff issues ESP/COL–ISGs to facilitate timely implementation of current staff guidance and to facilitate activities associated with review of applications for ESPs, design certifications, and COLs by the Office of New Reactors. The NRC staff intends to incorporate the final approved ESP/ COL–ISG–027 into the next revision of the Environmental Standard Review Plan and related guidance documents. Backfitting and Issue Finality The guidance in draft ISG–027 would clarify how the NRC would apply the guidance in the Environmental Standard Review Plan (ESRP) to environmental reviews for applications for COL and ESP applicants that reference iPWR designs. Issuance of this draft ISG, if finalized, would not constitute backfitting as defined in Title 10 of the Code of Federal Regulations (10 CFR) 50.109 (the Backfit Rule), or which should be regarded as backfitting under Commission and Executive Director for Operations guidance, and would not 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 ISG positions, if finalized, do not constitute backfitting, inasmuch as the ESRP is internal guidance to NRC staff. The ISG 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 either nuclear power plant applicants or licensees are protected VerDate Mar<15>2010 18:23 Sep 12, 2013 Jkt 229001 under either the Backfit Rule or the issue finality provisions of 10 CFR part 52. 2. Backfitting and issue finality do not—with limited exceptions not applicable here—protect current or future applicants. 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 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 ISG 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 ISG 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 applicable issue finality provision. Congressional Review Act This ISG is a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. Dated at Rockville, Maryland, this 5th day of September 2013. For the Nuclear Regulatory Commission. Joseph Colaccino, Chief, Policy Branch, Division of Advanced Reactor and Rulemaking, Office of New Reactors. [FR Doc. 2013–22322 Filed 9–12–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 030–09415; NRC–2013–0006] License Amendment for Aptuit, LLC, Kansas City, Missouri Nuclear Regulatory Commission. AGENCY: PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 56753 Environmental assessment and finding of no significant impact; availability. ACTION: The U.S. Nuclear Regulatory Commission (NRC) is considering the issuance of a license amendment to amend NRC Byproduct Materials License No. 24–15595–01 issued to Aptuit, LLC (the licensee). ADDRESSES: Please refer to Docket ID NRC–2013–0006 when contacting the NRC about the availability of information regarding this document. You may access publicly-available information related to this action by the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2013–0006. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at 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. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. In addition, for the convenience of the reader, the ADAMS accession numbers are provided in a table in Section IV of this document entitled, Availability of Documents. • 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: Michael LaFranzo, Division of Nuclear Materials Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Lisle, Illinois, 60532. Telephone: 630–829–9865; fax number: 630–515–1259; email: Michael.LaFranzo@nrc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Introduction The issuance of the amendment would approve the licensee’s E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Notices]
[Pages 56752-56753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22322]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2013-0211]


Interim Staff Guidance Specific Environmental Guidance for 
Integral Pressurized Water Reactors Reviews

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft Interim Staff Guidance; request for comment.

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

SUMMARY: The U.S Nuclear Regulatory Commission (NRC) staff is issuing 
for use of, and to solicit public comment on, draft Interim Staff 
Guidance (ISG) ESP/COL-ISG-027, ``Interim Staff Guidance Specific 
Environmental Guidance for iPWR Reviews.'' The purpose of this ISG is 
to clarify the NRC guidance and application of NUREG-1555, 
``Environmental Standard Review Plan: ``Standard Review Plans for 
Environmental Reviews for Nuclear Power Plants,'' to environmental 
reviews for applications for licenses to construct and operate integral 
pressurized water reactors (iPWR). This guidance applies to 
environmental reviews associated with iPWR applications for limited 
work authorizations, construction permits, operating licenses, early 
site permits (ESPs), and combined licenses (COLs).

DATES: Submit comments by October 15, 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 https://www.regulations.gov and search for Docket ID NRC-2013-0211. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3442; 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-06-44M, 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-2013-0211 when contacting the NRC 
about the availability of information regarding this document. You may 
access publicly-available information related to this document by any 
of the following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0211.
     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. The ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. Interim Staff Guidance for iPWR, ISG-027, can be found at 
ADAMS Accession No. ML12342A228.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.
     The agency posts its issued staff guidance in the agency 
external Web page https://www.nrc.gov/reading-rm/doc-collections/isg.

B. Submitting Comments

    Please include Docket ID NRC-2013-0211 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your

[[Page 56753]]

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 you 
comment submission. The NRC will post all comment submissions at https://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.
    The NRC staff issues ESP/COL-ISGs to facilitate timely 
implementation of current staff guidance and to facilitate activities 
associated with review of applications for ESPs, design certifications, 
and COLs by the Office of New Reactors. The NRC staff intends to 
incorporate the final approved ESP/COL-ISG-027 into the next revision 
of the Environmental Standard Review Plan and related guidance 
documents.
Backfitting and Issue Finality
    The guidance in draft ISG-027 would clarify how the NRC would apply 
the guidance in the Environmental Standard Review Plan (ESRP) to 
environmental reviews for applications for COL and ESP applicants that 
reference iPWR designs. Issuance of this draft ISG, if finalized, would 
not constitute backfitting as defined in Title 10 of the Code of 
Federal Regulations (10 CFR) 50.109 (the Backfit Rule), or which should 
be regarded as backfitting under Commission and Executive Director for 
Operations guidance, and would not 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 ISG positions, if finalized, do not constitute 
backfitting, inasmuch as the ESRP is internal guidance to NRC staff.
    The ISG 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 either 
nuclear power plant applicants or licensees are protected under either 
the Backfit Rule or the issue finality provisions of 10 CFR part 52.
    2. Backfitting and issue finality do not--with limited exceptions 
not applicable here--protect current or future applicants.
    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 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 ISG 
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 ISG 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 applicable issue finality 
provision.
Congressional Review Act
    This ISG is a rule as defined in the Congressional Review Act (5 
U.S.C. 801-808). However, the Office of Management and Budget has not 
found it to be a major rule as defined in the Congressional Review Act.

    Dated at Rockville, Maryland, this 5th day of September 2013.
    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, Division of Advanced Reactor and Rulemaking, 
Office of New Reactors.
[FR Doc. 2013-22322 Filed 9-12-13; 8:45 am]
BILLING CODE 7590-01-P
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