ESBWR Design Certification, 25715-25730 [2014-10246]

Download as PDF sroberts on DSK5SPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Proposed Rules 5,812 pounds of allotment base as of October 17, 2012, who request additional allotment base and who have the ability to produce additional quantities of Class 3 spearmint oil, shall be issued additional allotment base sufficient to bring them up to a level not to exceed 5,812 pounds: Provided, That such additional Class 3 allotment base shall be allocated to eligible producers on a pro-rata basis from available additional Class 3 allotment base: Provided further, That additional allotment base shall not be issued to any person if such additional allotment base would replace all or part of an allotment base that such person has previously transferred to another producer. Additional allotment base in excess of the amount needed to bring eligible producers up to 5,812 pounds of Class 3 allotment base shall be distributed on a prorated basis among all existing producers who apply and who have the ability to produce additional quantities of spearmint oil. (iv) For each marketing year after 2016–2017 for Class 1 oil and 2017– 2018 for Class 3 oil, each existing producer of a class of spearmint oil who requests additional allotment base, and who has the ability to produce additional quantities of that class of spearmint oil, shall be eligible to receive a share of the additional allotment base issued for that class of oil. Additional allotment base issued by the Committee for a class of oil shall be distributed on a prorated basis among the eligible producers for that class of oil. The Committee shall immediately notify each producer who is to receive additional allotment base by issuing that producer an allotment base in the appropriate amount. Allotment base issued to existing producers under this section shall not be transferred for at least two years following issuance, except that additional allotment base allocated pursuant to paragraph (c)(2)(ii) and (c)(2)(iii) of this section shall not be transferred for at least five years following issuance. (d) The person receiving additional allotment base pursuant to this section shall submit to the Committee evidence of an ability to produce and sell oil from such allotment base in the first marketing year following issuance of such base. NUCLEAR REGULATORY COMMISSION Dated: April 29, 2014. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. Submit comments by June 5, 2014. The NRC will not address any comments received after this date, except as discussed in Section I.B of the SUPPLEMENTARY INFORMATION section of this document. [FR Doc. 2014–10132 Filed 5–5–14; 8:45 am] BILLING CODE P VerDate Mar<15>2010 18:56 May 05, 2014 Jkt 232001 [NRC–2010–0135] RIN 3150–AI85 ESBWR Design Certification Nuclear Regulatory Commission. ACTION: Supplemental proposed rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to certify the Economic Simplified Boiling-Water Reactor (ESBWR) standard plant design. The proposed ESBWR design certification rule was published for public comment on March 24, 2011. The NRC is publishing this supplemental proposed rule to provide an opportunity for the public to comment on two matters. The first is proposed changes related to the analysis methodology supporting the ESBWR steam dryer design that were made after the close of the public comment period for the proposed ESBWR design certification rule. The second is the NRC’s proposed clarification of its intent to treat 50 referenced documents within Revision 10 of the ESBWR design control document (DCD) as requirements and matters resolved in subsequent licensing and enforcement actions for plants referencing the ESBWR design certification. In addition, the supplemental proposed rule clarifies that the NRC intends to obtain approval for incorporation by reference from the Director of the Office of the Federal Register for the generic DCD and 20 publicly-available documents that are referenced in the DCD that are intended by the NRC to be requirements. The supplemental proposed rule does not offer an opportunity for public comment on this clarification of the NRC’s intent. Finally, the supplemental proposed rule updates the version of the DCD (from Revision 9 to Revision 10) which the NRC proposes to obtain approval for incorporation by reference from the Office of the Federal Register. Revision 10 of the DCD was needed to address the previously described matters. The applicant for certification of the ESBWR design is GE-Hitachi Nuclear Energy (GEH). SUMMARY: PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 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–2010–0135. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this proposed rule. • Email comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301–415–1677. • Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301– 415–1101. • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. • Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301–415–1677. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: George M. Tartal, telephone: 301–415– 0016, email: George.Tartal@nrc.gov; or David Misenhimer, telephone: 301–415– 6590, email: David.Misenhimer@ nrc.gov. Both of the Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington DC 20555– 0001. ADDRESSES: 10 CFR Part 52 DATES: 25715 SUPPLEMENTARY INFORMATION: Table of Contents I. Obtaining Information and Submitting Comments A. Obtaining Information 1. Documents Related To Changes Associated With the Analysis Methodology Supporting the ESBWR Steam Dryer Design 2. 50 Non-Public Documents Which the NRC Regards As Requirements and Are Matters Resolved B. Additional Information on Submitting Comments II. Background III. Discussion A. ESBWR Steam Dryer Design 1. Correction of Information Related to the Steam Dryer Design 2. Designation of Revised Steam Dryer Analysis Methodology as Tier 2* E:\FR\FM\06MYP1.SGM 06MYP1 25716 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Proposed Rules B. Clarification of 50 Non-Public Documents Which the NRC Regards As Requirements and Are Matters Resolved Under Paragraph VI, ISSUE RESOLUTION, of the ESBWR Design Certification Rule C. Clarification of 20 Publicly-Available Documents Which the NRC Regards As Requirements and Are Matters Resolved Under Paragraph VI, ISSUE RESOLUTION, of the ESBWR Design Certification Rule IV. Section-by-Section Analysis V. Plain Writing VI. Environmental Impact: Finding of No Significant Environmental Impact: Availability VII. Paperwork Reduction Act Statement VIII. Regulatory Analysis IX. Backfitting and Issue Finality X. Procedures for Access to Sensitive Unclassified Non-Safeguards Information (Including Proprietary Information) or Safeguards Information for Preparation of Comments on the Supplemental Proposed ESBWR Design Certification Rule XI. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2010– 0135 when contacting the NRC about the availability of information for this action. You may access publicly- available information related to this action by any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2010–0135. • 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. 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. • 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. 1. Documents Related To Changes Associated With the Analysis Methodology Supporting the ESBWR Steam Dryer Design The documents identified in Table 1, relating to the changes associated with the analysis methodology supporting the ESBWR steam dryer design, are available to interested persons who wish to comment on the proposed changes. Some of the documents in Table 1 have two versions: a version which is publicly-available, and the (original and complete) version which is not publicly available because it contains information which is proprietary. If you need to obtain access to the non-public version of a document in order to provide comments on the proposed changes to the analysis methodology supporting the ESBWR steam dryer design, please follow the process described in Section X of the SUPPLEMENTARY INFORMATION section of this document. Before requesting access to the non-public version of any document, please obtain the publiclyavailable version of the document to verify if the information in the publiclyavailable version of a document is sufficient to allow you to comment on the proposed changes to the analysis methodology supporting the ESBWR steam dryer design. TABLE 1—DOCUMENTS RELATING TO THE CHANGES ASSOCIATED WITH THE ANALYSIS METHODOLOGY SUPPORTING THE ESBWR STEAM DRYER DESIGN Document No. Publiclyavailable ADAMS accession No. Document title Non-publicly available ADAMS accession No. Supplemental proposed rule documents Supplemental Final Safety Evaluation Report ........... ESBWR DCD, Rev. 10 .............................................. NEDO–33312, Rev. 5, NEDE–33312P, Rev. 5 ......... NEDO–33313, Rev. 5 NEDE–33313P, Rev. 5 .......... sroberts on DSK5SPTVN1PROD with PROPOSALS NEDO–33408, Rev. 5, NEDE–33408P, Rev. 5 ......... VerDate Mar<15>2010 18:56 May 05, 2014 Jkt 232001 PO 00000 Advanced Supplemental Safety Evaluation Report For The Economic Simplified Boiling-Water Reactor Standard Plant Design. ESBWR Design Control Document, Revision 10 ..... GE Hitachi Nuclear Energy, ‘‘ESBWR Steam Dryer Acoustic Load Definition,’’ NEDE–33312P, Class III (Proprietary), Revision 5, December 2013, and NEDO–33312, Class I (Non-proprietary), Revision 5, December 2013. GE Hitachi Nuclear Energy, ‘‘ESBWR Steam Dryer Structural Evaluation,’’ NEDE–33313P, Class III (Proprietary), Revision 5, December 2013, and NEDO–33313, Class I (Non-proprietary), Revision 5, December 2013. GE Hitachi Nuclear Energy, ‘‘ESBWR Steam Dryer—Plant Based Load Evaluation Methodology, PBLE01 Model Description,’’ NEDE– 33408P, Class III (Proprietary), Revision 5, December 2013, and NEDO–33408, Class I (Nonproprietary), Revision 5, December 2013. Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\06MYP1.SGM ML14043A134 ML13330A950 ML14104A929 (package) ML13344B157 ML14104A153 (package) ML13344B163 ML13344B158 ML13344B164 ML13344B159 ML13344B176 (part 1) ML13344B175 (part 2) 06MYP1 25717 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Proposed Rules TABLE 1—DOCUMENTS RELATING TO THE CHANGES ASSOCIATED WITH THE ANALYSIS METHODOLOGY SUPPORTING THE ESBWR STEAM DRYER DESIGN—Continued Document No. Publiclyavailable ADAMS accession No. Document title Non-publicly available ADAMS accession No. Other NRC documents relevant to the safety review of the ESBWR steam dryer analysis methodology N/A ............................................................................. N/A ............................................................................. N/A ............................................................................. N/A ............................................................................. NRC Inspection Report 052010/2012–201 ................ Letter from Michael E. Mayfield, NRC, to Gerald G. Head, GEH, ‘‘Economic Simplified Boiling Water Reactor Design Certification Rulemaking Schedule,’’ January 19, 2012. NRC Staff Audit of Steam Dryer Design Methodology Supporting Chapter 3 of the Economic Simplified Boiling Water Reactor Design Certification Document, Revision #1 (Audit Plan), March 20, 2012 (PUBLIC), March 20, 2012 (PROPRIETARY). Audit Report of ESBWR Steam Dryer Design Methodology Supporting Chapter 3 of ESBWR Design Control Document (Audit Report), June 14, 2012 (PUBLIC), May 17, 2012 (PROPRIETARY). Letter from Kerri Kavanagh, NRC, to Gerald G. Head, GEH, ‘‘Quality Assurance Implementation Inspection of Economic Simplified Boiling Water Reactor,’’ March 14, 2012. NRC Inspection Report 05200010/2012–201 and Notice of Violation, July 6, 2012 (PUBLIC), May 31, 2012 (PROPRIETARY). ML120170304 N/A ML120790454 ML120760509 ML12166A127 ML12137A497 ML12073A165 N/A ML12187A102 ML12129A438 Table 1 Note: Documents whose document number contains ‘‘NEDC’’ or ‘‘NEDE’’ are non-public and documents whose document number contains ‘‘NEDO’’ are public. sroberts on DSK5SPTVN1PROD with PROPOSALS In addition to Revision 10 of the ESBWR DCD, the non-public versions of the 50 documents identified in Table 2 are documents which the NRC regards as requirements and are matters resolved under Paragraph VI, ISSUE RESOLUTION, of the ESBWR Design Certification Rule. The documents in Table 2 are available to interested persons who wish to comment on the NRC’s proposed clarification of its intent to treat these non-public documents as requirements and matters resolved in subsequent licensing and enforcement actions for plants referencing the ESBWR design certification. The NRC notes that three of the documents in Table 2 related to the ESBWR steam dryer are the same 1 For purposes of this discussion, ‘‘proprietary information’’ constitutes trade secrets or commercial or financial information that are VerDate Mar<15>2010 18:56 May 05, 2014 Jkt 232001 documents described in Section III.A and listed in Table 1 of the SUPPLEMENTARY INFORMATION section of this document. Accordingly, the NRC regards these three documents as requirements and are matters resolved under Paragraph VI, ISSUE RESOLUTION, of the ESBWR Design Certification Rule. All of the documents in Table 2 have two versions: A version which is publicly-available, and the (original and complete) version which is not publicly available because it contains information which is either Sensitive Unclassified Non-Safeguards Information (SUNSI) (including SUNSI constituting ‘‘proprietary information’’ 1), or Safeguards Information (SGI) under Section 147 of the Atomic Energy Act of 1954, as amended. If you need to obtain access to the non-public document in order to provide comments on the NRC’s proposed clarification of its intent to treat the 50 documents in Table 2 as matters resolved in subsequent licensing and enforcement actions for plants referencing the ESBWR design certification, please follow the process described in Section X of the SUPPLEMENTARY INFORMATION section of this document. Before requesting access to any non-public document, please obtain the publicly-available version of the document to verify if the information in the publicly-available version of a document is sufficient to allow you to comment on the NRC’s proposed clarification of its intent to treat the 50 documents in Table 2 as matters resolved in subsequent licensing and enforcement actions for plants referencing the ESBWR design certification. privileged or confidential, as those terms are used under the Freedom of Information Act and the 2. 50 Non-Public Documents Which the NRC Regards as Requirements and Are Matters Resolved NRC’s implementing regulation at part 9 of Title 10 of the Code of Federal Regulations. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\06MYP1.SGM 06MYP1 25718 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Proposed Rules TABLE 2—50 NON-PUBLIC DOCUMENTS WHICH THE NRC REGARDS AS REQUIREMENTS AND ARE MATTERS RESOLVED UNDER PARAGRAPH VI, ISSUE RESOLUTION, OF THE ESBWR DESIGN CERTIFICATION RULE Publiclyavailable ADAMS accession No. Document No. Document title NEDE–33391, NEDO–33391 ......... GE Hitachi Nuclear Energy, ‘‘ESBWR Safeguards Assessment Report,’’ NEDE–33391, Class III (Safeguards, Security-Related, and Proprietary), Revision 3, March 2010, and NEDO–33391, Class I (Non-safeguards, Non-security related, and Non-proprietary), Revision 3, March 2014. GE Nuclear Energy, ‘‘Fuel Rod Thermal-Mechanical Analysis Methodology (GSTRM),’’ NEDC–31959P (Proprietary), April 1991, and NEDO–31959 (Non-proprietary), April 1991. GE Nuclear Energy, J. S. Post and A. K. Chung, ‘‘ODYSY Application for Stability Licensing Calculations,’’ NEDC–32992P–A, Class III (Proprietary), July 2001, and NEDO–32992–A, Class I (Non-proprietary), July 2001. Global Nuclear Fuel, ‘‘Cladding Creep Collapse,’’ NEDC–33139P–A, Class III (Proprietary), July 2005, and NEDO–33139–A, Class I (Non-proprietary), July 2005. GE Nuclear Energy, ‘‘GE Marathon Control Rod Assembly,’’ NEDE– 31758P–A (Proprietary), October 1991, and NEDO–31758–A (Non-proprietary), October 1991. GE Nuclear Energy, ‘‘TASC–03A, A Computer Program for Transient Analysis of a Single Channel,’’ NEDC–32084P–A, Revision 2, Class III (Proprietary), July 2002, and NEDO–32084–A, Class 1 (Non-proprietary), Revision 2, September 2002. GE Nuclear Energy, ‘‘Methodology and Uncertainties for Safety Limit MCPR Evaluations,’’ NEDC–32601P–A, Class III (Proprietary), and NEDO–32601–A, Class I (Non-proprietary), August 1999. GE Nuclear Energy, ‘‘GE Methodology for Reactor Pressure Vessel Fast Neutron Flux Evaluations,’’ Licensing Topical Report NEDC– 32983P–A, Class III (Proprietary), Revision 2, January 2006, and NEDO–32983–A, Class I (Non-proprietary), Revision 2, January 2006. GE Hitachi Nuclear Energy, ‘‘General Electric Boiling Water Reactor Detect and Suppress Solution—Confirmation Density,’’ NEDC– 33075P–A, Class III (Proprietary), and NEDO–33075–A, Class I (Non-proprietary), Revision 6, January 2008. GE Nuclear Energy, ‘‘ESBWR Test and Analysis Program Description,’’ NEDC–33079P, Class III (Proprietary), Revision 1, March 2005, and NEDO–33079, Class I (Non-proprietary), Revision 1, November 2005. GE Nuclear Energy, ‘‘TRACG Application for ESBWR,’’ NEDC– 33083P–A, Revision 1, Class III (Proprietary), September 2010, and NEDO–33083–A, Revision 1, Class I (Non-proprietary), September 2010. Global Nuclear Fuel, ‘‘GE14 for ESBWR—Critical Power Correlation, Uncertainty, and OLMCPR Development,’’ NEDC–33237P–A, Revision 5, Class III (Proprietary), and NEDO–33237–A, Revision 5, Class I (Non-proprietary), September 2010. Global Nuclear Fuel, ‘‘GE14 Pressure Drop Characteristics,’’ NEDC– 33238P, Class III (Proprietary), and NEDO–33238, Class I (Nonproprietary), December 2005. Global Nuclear Fuel, ‘‘GE14 for ESBWR Nuclear Design Report,’’ NEDC–33239P–A, Class III (Proprietary), and NEDO–33239–A, Class I (Non-proprietary), Revision 5, October 2010. ML14093A138 Global Nuclear Fuel, ‘‘GE14E Fuel Assembly Mechanical Design Report,’’ NEDC–33240P–A, Revision 1, Class III (Proprietary), and NEDO–33240–A, Revision 1, Class I (Non-proprietary), September 2010. Global Nuclear Fuel, ‘‘GE14 for ESBWR Fuel Rod Thermal-Mechanical Design Report,’’ NEDC–33242P–A, Revision 2, Class III (Proprietary), and NEDO–33242–A, Revision 2, Class I (Non-proprietary), September 2010. Global Nuclear Fuel, ‘‘GE14E for ESBWR Initial Core Nuclear Design Report,’’ NEDC–33326P–A, Revision 1, Class III (Proprietary), and NEDO–33326–A, Revision 1, Class I (Non-proprietary), September 2010. NEDC–31959P, NEDO–31959 ...... NEDC–32992P–A, NEDO–32992– A. NEDC–33139P–A, NEDO–33139– A. NEDE–31758P–A, NEDO–31758– A. NEDC–32084P–A, NEDO–32084– A. NEDC–32601 P–A, NEDO–32601– A. NEDC–32983P–A, NEDO–32983– A. NEDC–33075P–A, NEDO–33075– A. NEDC–33079P, NEDO–33079 ...... NEDC–33083P–A, NEDO–33083– A. NEDC–33237P–A, NEDO–33237– A. NEDC–33238P, NEDO–33238 ...... NEDC–33239P–A, 33239P–A. NEDO– sroberts on DSK5SPTVN1PROD with PROPOSALS NEDC–33240P–A, NEDO–33240– A. NEDC–33242P–A, NEDO–33242– A. NEDC–33326P–A, NEDO–33326– A. VerDate Mar<15>2010 18:56 May 05, 2014 Jkt 232001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\06MYP1.SGM Non-publicly available ADAMS accession No. ML14093A145 N/A (Safeguards information cannot be placed in ADAMS) ML14093A146 ML14093A250 ML012610605 ML14094A227 ML14094A228 ML14093A142 ML14093A143 ML100220484 ML100220485 ML14093A216 ML003740145 ML072480121 ML072480125 ML080310396 ML080310402 ML053460471 ML051390233 ML102770606 ML102770608 ML102770246 ML102770244 ML060050328 ML060050330 ML102800405 ML102770060 ML102800408 (part 1) ML102800425 (part 2) ML102770061 ML102730885 ML102730886 ML102740191 ML102740193 (part 1) ML102740194 (part 2) 06MYP1 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Proposed Rules 25719 TABLE 2—50 NON-PUBLIC DOCUMENTS WHICH THE NRC REGARDS AS REQUIREMENTS AND ARE MATTERS RESOLVED UNDER PARAGRAPH VI, ISSUE RESOLUTION, OF THE ESBWR DESIGN CERTIFICATION RULE—Continued Publiclyavailable ADAMS accession No. Document No. Document title NEDC–33374P–A, NEDO–33374– A. GE-Hitachi Nuclear Energy, ‘‘Safety Analysis Report for Fuel Storage Racks Criticality Analysis for ESBWR Plants,’’ NEDC–33374P–A, Revision 4, Class III (Proprietary), September 2010, and NEDO– 33374–A, Revision 4, Class I (Non-proprietary), September 2010. Global Nuclear Fuel, ‘‘Full-Scale Pressure Drop Testing for a Simulated GE14E Fuel Bundle,’’ NEDC–33456P, Class III (Proprietary), and NEDO–33456, Class I (Non-proprietary), Revision 0, March 2009. General Electric Company, ‘‘General Electric Thermal Analysis Basis Data, Correlation and Design Application,’’ NEDE–10958–PA, Class III (Proprietary), and ‘‘General Electric BWR Thermal Analysis Basis (GETAB): Data, Correlation and Design Application,’’ NEDO–10958–A, Class I (Non-proprietary), January 1977. Global Nuclear Fuel, ‘‘GESTAR II General Electric Standard Application for Reactor Fuel,’’ NEDE–24011–P–A–16, Class III (Proprietary), and NEDO–24011–A–16, Class I (Non-proprietary), Revision 16, October 2007. Global Nuclear Fuel, ‘‘GESTAR II General Electric Standard Application for Reactor Fuel, Supplement for United States,’’ NEDE– 24011–P–A–US–16, Class III (Proprietary), and NEDO–24011–A– US–16, Class I (Non-proprietary), Revision 16, October 2007. General Electric Company, ‘‘Steady State Nuclear Methods,’’ NEDE– 30130–P–A, Class III (Proprietary), April 1985, and NEDO–30130– A, Class I (Non-proprietary), May 1985. Global Nuclear Fuel, ‘‘Global Nuclear Fuels Fuel Bundle Designs,’’ NEDE–31152P, Revision 9, Class III (Proprietary), May 2007, and NEDO–33152, Revision 9, Class I (Non-proprietary), May 2007. GE Hitachi Nuclear Energy, J. G. M. Andersen, et al., ‘‘TRACG Model Description,’’ NEDE–32176P, Revision 4, Class III (Proprietary), January 2008, and NEDO–32176, Class I (Non-proprietary), Revision 4, January 2008. GE Hitachi Nuclear Energy, B.S. Shiralkar, et al, ‘‘TRACG Application for ESBWR Stability Analysis,’’ NEDE–33083, Supplement 1P–A, Revision 2, Class III (Proprietary), September 2010, and NEDO–33083, Supplement 1–A, Revision 2, Class I (Non-proprietary), September 2010. GE Hitachi Nuclear Energy, ‘‘TRACG Application for ESBWR Anticipated Transient Without Scram Analyses,’’ NEDE–33083, Supplement 2P–A, Revision 2, Class III (Proprietary), October 2010 and NEDO–33083, Supplement 2–A, Revision 2, Class I (Non-proprietary), October 2010. GE Hitachi Nuclear Energy, ‘‘TRACG Application for ESBWR Transient Analysis,’’ NEDE–33083, Supplement 3P–A, Revision 1, Class III (Proprietary), and NEDO–33083, Supplement 3–A, Revision 1, Class I (Non-proprietary), September 2010. GE Hitachi Nuclear Energy, ‘‘Gamma Thermometer System for LPRM Calibration and Power Shape Monitoring,’’ NEDE–33197P– A, Revision 3, Class III (Proprietary), and NEDO–33197–A, Revision 3, Class I, (Non-proprietary), October 2010. GE Hitachi Nuclear Energy, ‘‘ESBWR Man-Machine Interface System and Human Factors Engineering Implementation Plan,’’ NEDE–33217P, Class III (Proprietary), and NEDO–33217, Class I (Non-proprietary), Revision 6, February 2010. GE Hitachi Nuclear Energy, ‘‘ESBWR Human Factors Engineering Allocation of Function Implementation Plan,’’ NEDE–33220P, Class III (Proprietary), and NEDO–33220, Class I (Non-proprietary), Revision 4, February 2010. GE Hitachi Nuclear Energy, ‘‘ESBWR Human Factors Engineering Task Analysis Implementation Plan,’’ NEDE–33221P, Class III (Proprietary), and NEDO–33221, Class I (Non-proprietary), Revision 4, February 2010. GE Hitachi Nuclear Energy, ‘‘ESBWR—Software Management Program Manual,’’ NEDE–33226P, Class III (Proprietary), Revision 5, February 2010, and NEDO–33226, Class I (Non-proprietary), Revision 5, February 2010. NEDC–33456P, NEDO–33456 ...... NEDE–10958–PA, NEDO–10958– A. NEDE–24011–P–A–16, 24011–A–16. NEDO– NEDE–24011–P–A–US–16, NEDO–24011–A–US–16. NEDE–30130–P–A, 30130–A. NEDO– NEDE–31152P, NEDO–31152 ....... NEDE–32176P, NEDO–32176 ....... NEDE–33083 Supplement 1P–A, NEDO–33083 Supplement 1–A. NEDE–33083 Supplement 2P–A, NEDO–33083 Supplement 2–A. NEDE–33083 Supplement 3P–A, NEDO–33083 Supplement 3–A. NEDE–33197P–A, NEDO–33197– A. NEDE–33217P, NEDO–33217 ....... sroberts on DSK5SPTVN1PROD with PROPOSALS NEDE–33220P, NEDO–33220 ....... NEDE–33221P, NEDO–33221 ....... NEDE–33226P, NEDO–33226 ....... VerDate Mar<15>2010 18:56 May 05, 2014 Jkt 232001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\06MYP1.SGM Non-publicly available ADAMS accession No. ML102860687 ML102860688 ML090920867 ML090920868 ML102290144 ML092820214 ML091340077 ML091340081 ML091340080 ML091340082 ML14104A064 ML070400570 ML071510287 ML071510289 ML080370271 ML080370276 ML102770552 ML102770550 ML103000353 ML103000355 ML102770606 ML102770608 ML102810320 ML102810341 ML100480284 ML100480285 ML100480209 ML100480202 ML100480212 ML100480213 ML100550837 ML100550844 06MYP1 25720 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Proposed Rules TABLE 2—50 NON-PUBLIC DOCUMENTS WHICH THE NRC REGARDS AS REQUIREMENTS AND ARE MATTERS RESOLVED UNDER PARAGRAPH VI, ISSUE RESOLUTION, OF THE ESBWR DESIGN CERTIFICATION RULE—Continued Publiclyavailable ADAMS accession No. Document No. Document title NEDE–33243P–A, NEDO–33243– A. GE Hitachi Nuclear Energy, ‘‘ESBWR Control Rod Nuclear Design,’’ NEDE–33243P–A, Revision 2, Class III (Proprietary), September 2010, and NEDO–33243- A, Revision 2, Class I (Non-proprietary), September 2010. GE Hitachi Nuclear Energy, ‘‘ESBWR Marathon Control Rod Mechanical Design Report,’’ NEDE–33244P–A, Class III (Proprietary), Revision 2, September 2010, and NEDO–33244–A, Revision 2, Class I (Non-proprietary), September 2010. GE Hitachi Nuclear Energy, ‘‘ESBWR—Software Quality Assurance Program Manual,’’ NEDE–33245P, Class III (Proprietary), Revision 5, February 2010, and NEDO–33245, Class I (Non-proprietary), Revision 5, February 2010. GE Hitachi Nuclear Energy, ‘‘Reactor Internals Flow Induced Vibration Program,’’ NEDE–33259P–A, Class III (Proprietary), Revision 3, October 2010, and NEDO–33259–A, Class I (Non-proprietary), Revision 3, October 2010. GE Hitachi Nuclear Energy, ‘‘ESBWR Containment Load Definition,’’ NEDE–33261P, Class III (Proprietary), and NEDO–33261, Class I (Non-proprietary), Revision 2, June 2008. GE Hitachi Nuclear Energy, ‘‘ESBWR Human Factors Engineering Human-System Interface Design Implementation Plan,’’ NEDE– 33268P, Class III (Proprietary), and NEDO–33268, Class I (Nonproprietary), Revision 5, February 2010. GE Hitachi Nuclear Energy, ‘‘ESBWR Human Factors Engineering Verification and Validation Implementation Plan,’’ NEDE–33276P, Class III (Proprietary), and NEDO–33276, Class I (Non-proprietary), Revision 4, February 2010. GE Hitachi Nuclear Energy, ‘‘ESBWR Cyber Security Program Plan,’’ NEDE–33295P, Class III (Proprietary), Revision 2, September 2010, and NEDO–33295, Class I (Non-proprietary), Revision 2, September 2010. GE Hitachi Nuclear Energy, ‘‘GEH ESBWR Setpoint Methodology,’’ NEDE–33304P, Class III (Proprietary), and NEDO–33304, Class I (Non-proprietary), Revision 4, May 2010. GE Hitachi Nuclear Energy, ‘‘ESBWR Steam Dryer Acoustic Load Definition,’’ NEDE–33312P, Class III (Proprietary), Revision 5, December 2013, and NEDO–33312, Class I (Non-proprietary), Revision 5, December 2013. GE Hitachi Nuclear Energy, ‘‘ESBWR Steam Dryer Structural Evaluation,’’ NEDE–33313P, Class III (Proprietary), Revision 5, December 2013, and NEDO–33313, Class I (Non-proprietary), Revision 5, December 2013. GE Hitachi Nuclear Energy, ‘‘ESBWR Steam Dryer—Plant Based Load Evaluation Methodology, PBLE01 Model Description,’’ NEDE–33408P, Class III (Proprietary), Revision 5, December 2013, and NEDO–33408, Class I (Non-proprietary), Revision 5, December 2013. GE Hitachi Nuclear Energy ‘‘ESBWR Safety Analysis– Additional Information,’’ NEDE–33440P, Class III (Proprietary), and NEDO– 33440, Class I (Non-proprietary), Revision 2, March 2010. NEDE–33244P–A, NEDO–33244– A. NEDE–33245P, NEDO–33245 ....... NEDE–33259P–A, NEDO–33259– A. NEDE–33261P, NEDO–33261 ....... NEDE–33268P, NEDO–33268 ....... NEDE–33276P, NEDO–33276 ....... NEDE–33295P, NEDO–33295 ....... NEDE–33304P, NEDO–33304 ....... NEDE–33312P, NEDO–33312 ....... NEDE–33313P, NEDO–33313 ....... NEDE–33408P, NEDO–33408 ....... NEDE–33440P, NEDO–33440 ....... NEDE–33516P–A, NEDO–33516– A. sroberts on DSK5SPTVN1PROD with PROPOSALS NEDE–33536P, NEDO–33536 ....... NEDE–33572P, NEDO–33572 ....... VerDate Mar<15>2010 18:56 May 05, 2014 GE Hitachi Nuclear Energy, ‘‘ESBWR Qualification Plan Requirements for a 72-Hour Duty Cycle Battery,’’ NEDE–33516P–A, Revision 2, Class III (Proprietary), September 2010, and NEDO– 33516–A, Revision 2, Class I (Non-proprietary), September 2010. GE Hitachi Nuclear Energy, ‘‘Control Building and Reactor Building Environmental Temperature Analysis for ESBWR,’’ NEDE– 33536P, Class III (Security-Related and Proprietary), Revision 1, October 2010, and NEDO–33536, Class I (Non-security Related and Non-proprietary), Revision 1, October 2010. GE Hitachi Nuclear Energy, ‘‘ESBWR ICS and PCCS Condenser Combustible Gas Mitigation and Structural Evaluation,’’ NEDE– 33572P, Class II (Proprietary), Revision 3, September 2010, and NEDO–33572, Revision 3, Class I (Non-proprietary), September 2010. Jkt 232001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\06MYP1.SGM Non-publicly available ADAMS accession No. ML102740171 ML102740178 ML102770208 ML102770209 ML100550839 ML100550847 ML102920241 ML102920248 ML082600720 ML082600721 ML100480179 ML100480180 ML100480182 ML100480183 ML102880103 ML102880104 ML101450251 ML101450253 ML13344B157 ML13344B163 ML13344B158 ML13344B164 ML13344B159 ML13344B176 (part 1) ML13344B175 (part 2) ML100920316 ML102880499 ML100920317 (part 1) ML100920318 (part 2) ML102880500 ML102780329 ML102780330 ML102740579 ML102740566 06MYP1 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Proposed Rules 25721 TABLE 2—50 NON-PUBLIC DOCUMENTS WHICH THE NRC REGARDS AS REQUIREMENTS AND ARE MATTERS RESOLVED UNDER PARAGRAPH VI, ISSUE RESOLUTION, OF THE ESBWR DESIGN CERTIFICATION RULE—Continued Publiclyavailable ADAMS accession No. Document No. Document title Letter w/attachment ........................ Letter from R. J. Reda (GE) to R. C. Jones, Jr. (NRC), MFN 098–96, ‘‘Implementation of Improved Steady-State Nuclear Methods,’’ Class III (Proprietary), July 2, 1996, and Letter from J. G. Head (GEH) to NRC Document Control Desk, MFN 098–96 Supplement 1, Class I (Non-proprietary), March 31, 2014. ML14093A140 Non-publicly available ADAMS accession No. ML14094A240 Table 2 Note: Documents whose document number contains ‘‘NEDC’’ or ‘‘NEDE’’ are non-public and documents whose document number contains ‘‘NEDO’’ are public. Throughout the development of the ESBWR design certification rule, the NRC may post additional documents related to this rule, including public comments, on the Federal rulemaking Web site at https://www.regulations.gov under Docket ID NRC–2010–0135. The Federal rulemaking Web site allows you to receive alerts when changes or additions occur in a docket folder. To subscribe: (1) Navigate to the docket folder (NRC–2010–0135); (2) click the ‘‘Sign up for Email Alerts’’ link; and (3) enter your email address and select how frequently you would like to receive emails (daily, weekly, or monthly). Documents that are not publicly available because they are considered to be SUNSI or SGI may be available to interested persons who may wish to comment on the changes associated with the analysis methodology supporting the ESBWR steam dryer design. Such persons shall follow the procedures described in Section X of the SUPPLEMENTARY INFORMATION section of this document in order to obtain access to those documents. B. Additional Information on Submitting Comments sroberts on DSK5SPTVN1PROD with PROPOSALS General Information Please include Docket ID NRC–2010– 0135 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 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 VerDate Mar<15>2010 18:56 May 05, 2014 Jkt 232001 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 into ADAMS. Comments Based Upon a Review of Non-Public Documents Obtained Under the Procedures in Section X of the SUPPLEMENTARY INFORMATION Section of This Document The NRC strongly encourages commenters, submitting comments based upon a review of non-public documents to which the commenter obtained access under the procedures in Section X of the SUPPLEMENTARY INFORMATION section of this document, to avoid submitting comments with non-public information derived from those non-public documents. In many cases, effective arguments may be presented by referring to the location of relevant information in those documents. In other cases, a summary of the key information in the document, and a reference to the portion of the document supporting the comment, will provide adequate basis for the comment without disclosing non-public information. However, if the comment must include non-public information, the commenter must submit the comments in accordance with § 2.390 of Title 10 of the Code of Federal Regulations (10 CFR). The NRC recommends preparing two versions of your comment submission—one public and one non-public, and submitting an affidavit with your comment submission explaining, with specificity, why the information in your comment submission should be regarded as nonpublic. Scope of Comments The NRC is limiting the scope of the supplemental proposed rule to two PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 areas, which are further discussed in Section III of the SUPPLEMENTARY INFORMATION section of this document: • Proposed changes related to the analysis methodology supporting the ESBWR steam dryer design that were made after the close of the public comment period for the proposed ESBWR design certification rule (76 FR 16549; March 24, 2011). • The NRC’s proposed clarification of its intent to treat 50 non-public documents referenced in the ESBWR DCD as requirements and matters resolved in subsequent licensing and enforcement actions for plants referencing the ESBWR design certification. The NRC will not address in a final rule any comments submitted that are outside the scope of this supplemental proposed rule. For example, comments on Revision 10 of the ESBWR DCD which do not relate to the changes in the analysis methodology supporting the ESBWR steam dryer design which were made after the close of the public comment period for the proposed ESBWR design certification rule, would be regarded as outside the scope of the commenting opportunity with respect to the steam dryer analysis methodology. The NRC notes that some of the documents listed in Tables 1 and 2 in Section I.A of the SUPPLEMENTARY INFORMATION section of this document contain SUNSI, SGI, or proprietary information and, therefore, are not publicly available. For each of those non-publicly available documents, GEH has created a publicly-available version of the document. If a commenter needs to review the material in a non-publicly available document in order to submit comments, the commenter should first review the publicly-available version of the document. If the commenter determines, after reviewing the publicly-available version, that access to the non-public document is needed in order to provide meaningful comments within the scope of comments as previously described, then the E:\FR\FM\06MYP1.SGM 06MYP1 25722 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Proposed Rules commenter should seek access to the non-public document in accordance with the procedures in Section X of the SUPPLEMENTARY INFORMATION section of this document. Late-filed Comments The NRC will not be obligated to address any comments received after June 5, 2014, nor will the NRC entertain any requests for extension of the public comment period unless the commenter is approved to access SUNSI or SGI as described in Section X of the SUPPLEMENTARY INFORMATION section of this document, because of the substantial delays in the ESBWR rulemaking. If a commenter is approved to access SUNSI or SGI, the public comment period will be extended exclusively for that commenter, but limited to the matters for which access to SUNSI or SGI is necessary to make informed comments. II. Background sroberts on DSK5SPTVN1PROD with PROPOSALS ESBWR Design Certification and March 2011 Proposed Rule Subpart B of 10 CFR part 52 sets forth the process for obtaining standard design certifications. On August 24, 2005 (70 FR 56745; September 28, 2005), in accordance with subpart B of 10 CFR part 52, GEH submitted its application for certification of the ESBWR standard plant design to the NRC. The NRC formally accepted the application as a docketed application for design certification (Docket No. 52– 010) on December 1, 2005 (70 FR 73311; December 9, 2005). The pre-application information submitted before the NRC formally accepted the application can be found in ADAMS under Docket No. PROJ0717 (Project No. 717). The application for design certification of the ESBWR design has been referenced in the following combined license (COL) applications as of the date of this document: (1) Detroit Edison Company, Fermi Unit 3, Docket No. 52–033 (73 FR 73350; December 2, 2008); (2) Dominion Virginia Power, North Anna Unit 3, Docket No. 52–017 (73 FR 6528; February 4, 2008); (3) Entergy Operations, Inc., Grand Gulf Unit 3, Docket No. 52–024 (73 FR 22180; April 24, 2008) (APPLICATION SUSPENDED); (4) Entergy Operations, Inc., River Bend Unit 3, Docket No. 52– 036 (73 FR 75141; December 10, 2008) (APPLICATION SUSPENDED); and (5) Exelon Nuclear Texas Holdings, LLC, Victoria County Station Units 1 and 2, Docket Nos. 52–31 and 52–032 (73 FR 66059; November 6, 2008) (APPLICATION WITHDRAWN). VerDate Mar<15>2010 18:56 May 05, 2014 Jkt 232001 On March 24, 2011 (76 FR 16549), the NRC published a proposed rule that would certify the ESBWR design in the Commission’s regulations. The public comment period closed on June 7, 2011. The NRC received six comment submissions from members of the public. In addition, on September 9, 2011, the Commission issued a Memorandum and Order, CLI–11–05, 74 NRC 141, referring these comment submissions to the NRC staff for consideration as comments on the proposed ESBWR design certification rule. Id. at 176. Issues on the Analytical Methodology for Design of the ESBWR Steam Dryer Following the close of the public comment period on the proposed ESBWR design certification rule, the NRC staff identified issues applicable to the ESBWR steam dryer structural analysis. These issues were the result of NRC consideration of information obtained during the NRC’s review of a license amendment request for a power uprate at an operating boilingwaterreactor (BWR) nuclear power plant. As this BWR power uprate used the same methodology for steam dryer analysis as was being proposed for the ESBWR, the NRC staff needed to resolve these issues before moving forward with the ESBWR design. The NRC informed GEH by letter dated January 19, 2012 (ADAMS Accession No. ML120170304), that it identified issues ‘‘relevant to the conclusions in its Final Safety Evaluation Report (FSER) [ADAMS Accession No. ML103070392] issued in support of the ESBWR [design certification] rulemaking. Specifically, errors have been identified in the benchmarking GEH used as a basis for determining fluctuating pressure loads on the steam dryer, and errors have been identified in a number of GEH’s modeling parameters. These errors may affect the conclusions in the staff’s FSER and need to be addressed before we complete the ESBWR [design certification].’’ Consequently, the NRC staff informed GEH that the rulemaking was on hold until the errors were adequately addressed. In March 2012, the NRC staff conducted an audit of the GEH steam dryer analysis methodology at the GEH facility in Wilmington, North Carolina. In addition, in April 2012, the NRC staff performed a vendor inspection at that facility of the quality assurance program for GEH engineering methods. As a result of the audit and inspection, the NRC staff submitted requests for additional information (RAIs) to support a supplemental FSER. In addressing these RAIs, GEH made a number of PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 significant changes in Revision 10 to the ESBWR DCD and in the supporting documentation. Those changes did not result in modifications to the overall design of the steam dryer but did result in replacing relevant sections in the DCD, withdrawing referenced licensing topical reports (LTRs) and replacing them with new engineering reports, designating the new engineering reports as Tier 2* information, and adding new Inspections, Tests, Analyses, and Acceptance Criteria (ITAAC). References to publicly-available documents associated with the development of the supplemental FSER, including RAIs and responses, public meeting notices and summaries, etc., are listed in the NRC’s supplemental FSER (ADAMS Accession No. ML14043A134). Because these changes to the ESBWR steam dryer description in the DCD and supporting documentation occurred after the close of the public comment opportunity on the proposed ESBWR design certification rule, the NRC is publishing this supplemental proposed rule to provide an opportunity for public comment on these changes. The NRC notes that GEH made several other changes in Revision 10 to the ESBWR DCD which are not related to the ESBWR steam dryer analysis methodology. The NRC is not providing an opportunity for public comments on these other changes, and the NRC will explain in a final ESBWR design certification rule why these additional ESBWR DCD changes did not require a supplemental comment opportunity. The NRC will not be obligated to provide responses to any comments submitted in this supplemental comment opportunity which address matters unrelated to the changes to the ESBWR steam dryer analysis methodology. III. Discussion This section describes the changes that the NRC made to the proposed ESBWR design certification rule text and the changes GEH made to the analysis methodology supporting the ESBWR steam dryer design. A more detailed description of the changes to the analysis methodology and compliance with the NRC’s regulations can be found in the NRC’s supplemental FSER. This section also clarifies the NRC’s intention that 50 non-public documents referenced in the ESBWR DCD are considered to be requirements and matters resolved under paragraph VI, ISSUE RESOLUTION, of the ESBWR design certification rule. This section also clarifies which documents would contain binding requirements for the ESBWR design and the NRC’s intention E:\FR\FM\06MYP1.SGM 06MYP1 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Proposed Rules to clarify in the final ESBWR design certification rule that these documents would be incorporated by reference. A. ESBWR Steam Dryer Design sroberts on DSK5SPTVN1PROD with PROPOSALS 1. Correction of Information Related to the Steam Dryer Design Following the issuance of the FSER for the ESBWR design certification on March 9, 2011, the NRC staff identified issues applicable to the ESBWR steam dryer structural analysis based on information obtained during the NRC’s review of a license amendment request for a power uprate at an operating BWR nuclear power plant. Consequently, the NRC staff communicated to GEH that it was concerned that the basis for its FSER on the ESBWR DCD and the safety evaluation reports on these topical reports was no longer valid. Specifically, errors were identified in the benchmarking GEH used as a basis for determining fluctuating pressure loading on the steam dryer, and errors were identified in a number of GEH’s modeling parameters. The NRC staff subsequently issued RAIs and held multiple public meetings to identify issues and clarify the steam dryer analysis methodology. The NRC staff also conducted an audit of the GEH steam dryer analysis methodology at the GEH facility in Wilmington, North Carolina, in March 2012, and a vendor inspection at that facility of the quality assurance program for GEH engineering methods in April 2012. To document the resolution of those issues, GEH revised the ESBWR DCD by removing references to the LTRs which address the ESBWR steam dryer structural evaluation and to reference new engineering reports that describe the updated ESBWR steam dryer analysis methodology. The following four LTRs were removed by GEH (public and proprietary versions cited): • NEDE–33313 and NEDE–33313P, ‘‘ESBWR Steam Dryer Structural Evaluation,’’ all revisions; • NEDE–33312 and NEDE–33312P, ‘‘ESBWR Steam Dryer Acoustic Load Definition,’’ all revisions; • NEDC–33408 and NEDC–33408P, ‘‘ESBWR Steam Dryer-Plant Based Load Evaluation Methodology,’’ all revisions; and • NEDC–33408, Supplement 1, and NEDC–33408P, Supplement 1, ‘‘ESBWR Steam Dryer—Plant Based Load Evaluation Methodology Supplement 1,’’ all revisions. To replace the information formerly provided by the four LTRs, GEH revised the ESBWR DCD to reference three new engineering reports (public and proprietary versions cited): VerDate Mar<15>2010 18:56 May 05, 2014 Jkt 232001 • NEDO–33312 and NEDE–33312P, Rev. 5, December 2013, ‘‘ESBWR Steam Dryer Acoustic Load Definition;’’ • NEDO–33408 and NEDE–33408P, Rev. 5, December 2013, ‘‘ESBWR Steam Dryer—Plant Based Load Evaluation Methodology—PBLE01 Model Description;’’ and • NEDO–33313 and NEDE–33313P, Rev. 5, December 2013, ‘‘ESBWR Steam Dryer Structural Evaluation.’’ The following DCD sections were revised by GEH to correct errors and provide additional information related to the design and evaluation of the structural integrity of the ESBWR reactors pressure vessel internals related to the steam dryer: • Tier 1, Chapter 2, Section 2.1, ‘‘Nuclear Steam Supply;’’ • Tier 1, Chapter 2, Section 2.1.1, ‘‘Reactor Pressure Vessel and Internals;’’ • Tier 2, Chapter 1, Tables 1.6–1, 1.9– 21, and 1D–1; • Tier 2, Chapter 3, Section 3.9.2, ‘‘Dynamic Testing and Analysis of Systems, Components and Equipment;’’ • Tier 2, Chapter 3, Section 3.9.5, ‘‘Reactor Pressure Vessel Internals;’’ • Tier 2, Chapter 3, Section 3.9.9, ‘‘COL Information;’’ • Tier 2, Chapter 3, Section 3.9.10, ‘‘References;’’ and • Tier 2, Chapter 3, Appendix 3L, ‘‘Reactor Internals Flow Induced Vibration Program.’’ The revisions to these documents enhance the detailed design and evaluation process related to the structural integrity of the steam dryer in several ways. For example, the source of data used to benchmark the analysis methodology was changed in Revision 10 to the ESBWR DCD to a different operating nuclear power plant for which the NRC recently authorized an extended power uprate. In addition, the details of the design methodology were made more restrictive in several respects, including limiting the analysis method for fillet welds and using more conservative data and assumptions. The changes also designate additional information as Tier 2* and clarify regulatory process steps for completing the detailed design and startup testing of the ESBWR steam dryer, including COL information items to be satisfied by a COL applicant, ITAAC to be met by a COL licensee, and model license conditions that can be proposed by a COL applicant. References to the relevant documents associated with the changes made to the steam dryer analysis methodology are listed in Section I.A of the SUPPLEMENTARY INFORMATION section of this document. The NRC staff has reviewed the revised ESBWR DCD sections, new GEH PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 25723 engineering reports, and RAI responses and prepared a supplemental FSER. The supplemental FSER concludes that Revision 10 to the ESBWR DCD and the referenced engineering reports provide sufficient information to support the adequacy of the design basis for the ESBWR reactor internals. The supplemental FSER also concludes that the design process for reactor internals is acceptable and meets the requirements of 10 CFR part 50, appendix A, General Design Criteria 1, 2, 4, and 10; 10 CFR 50.55a; and 10 CFR part 52. Finally, the supplemental FSER concludes that the ESBWR design documentation in Revision 10 to the ESBWR DCD is acceptable and that GEH’s application for design certification meets the requirements of 10 CFR part 52, subpart B, that are applicable and technically relevant to the ESBWR standard plant design. The NRC concludes, based on the review of application materials in the March 2011 FSER and the supplemental FSER, that the ESBWR steam dryer design meets all applicable NRC requirements and can be incorporated by reference in a combined license application. This supplemental proposed rule provides an opportunity to comment on the proposed changes related to the analysis methodology supporting the ESBWR steam dryer design. Documents relevant to the proposed changes related to the analysis methodology supporting the ESBWR steam dryer design are listed in Table 1, Section I.A of the SUPPLEMENTARY INFORMATION section of this document. The NRC notes that three of these documents are also listed in Table 2. These three non-publicly available documents—addressing the ESBWR steam dryer analysis methodology—are intended by the NRC to be requirements and matters resolved under Paragraph VI, ISSUE RESOLUTION, of the proposed ESBWR design certification rule. The status of the non-public documents identified in Table 2 as requirements and matters resolved is discussed in Section III.B of the SUPPLEMENTARY INFORMATION section of this document. 2. Designation of Revised Steam Dryer Analysis Methodology as Tier 2* The NRC proposes to designate the revised ESBWR steam dryer analysis methodology as Tier 2* information throughout the life of any license referencing the ESBWR design certification rule. This is a change from Revision 9 of the ESBWR DCD, which identified much of this information (in its earlier form before the revisions reflected in Revision 10) as Tier 2. Therefore, the ESBWR steam dryer E:\FR\FM\06MYP1.SGM 06MYP1 25724 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Proposed Rules analysis methodology was not identified as Tier 2* information in the proposed ESBWR design certification rule under paragraph VIII.B.6.b of appendix E of 10 CFR part 52. References to the DCD are listed in Table 1, Section I.A of the SUPPLEMENTARY INFORMATION section of this document. In this supplemental proposed rule, the NRC is proposing to designate the revised ESBWR steam dryer analysis methodology as Tier 2* for two reasons. First, as described in Section III.A.1 of the SUPPLEMENTARY INFORMATION section of this document, the NRC’s experience with other applications using this methodology highlighted the importance of the proper application of the steam dryer analysis methodology. Therefore, the NRC believes that it is necessary to review any changes a referencing applicant or licensee proposes to the methodology from that which the NRC previously reviewed and approved. Second, in Revision 10 of the ESBWR DCD, GEH revised the designation of this methodology to Tier 2* and, therefore, the rule’s designation would be consistent with the GEH’s designation in the DCD. This supplemental proposed rule provides an opportunity to comment on the proposed designation as Tier 2* of certain information related to the analysis methodology supporting the ESBWR steam dryer design. Documents relevant to the proposed designation as Tier 2* of certain information related to the analysis methodology supporting the ESBWR steam dryer design are also listed in Table 1, Section I.A of the SUPPLEMENTARY INFORMATION section of this document. B. Clarification of 50 Non-Public Documents Which the NRC Regards as Requirements and Are Matters Resolved Under Paragraph VI, ISSUE RESOLUTION, of the ESBWR Design Certification Rule In Tier 2, Section 1.6 of Revision 9 of the ESBWR DCD, GEH stated that a number of referenced documents are incorporated by reference, in whole or in part, in the ESBWR DCD Tier 2. Accordingly, the NRC questioned whether these documents contain binding requirements and whether they should also be incorporated by reference in the ESBWR design certification rule. The NRC reviewed these document references and determined that, while many of these documents do contain binding requirements and should be incorporated by reference, some of those documents do not contain binding requirements and therefore should be considered as references only. To address the NRC’s concerns, GEH revised Section 1.6 of Revision 10 of the ESBWR DCD to clearly identify documents containing requirements, and which documents are references which do not contain binding requirements. Table 1.6–1 of the DCD lists the GE and GEH documents which the NRC regards as requirements for the ESBWR design, and are, therefore, incorporated by reference into the ESBWR DCD. Table 1.6–2 of the DCD lists the non-GE and non-GEH documents which the NRC regards as requirements for the ESBWR design, and are, therefore, incorporated by reference into the ESBWR DCD. The NRC notes that GEH’s incorporation by reference of the documents in Tables 1.6–1 and 1.6–2 into the ESBWR DCD is not the same as the Director of the Office of the Federal Register’s approval of incorporation by reference under 1 CFR part 51. Table 1.6–3 of the DCD lists information which is general reference material and which the NRC does not consider to be a requirement of the ESBWR design certification rule. The documents in Table 1.6–3 of the DCD are not incorporated by reference into the ESBWR DCD by GEH, and the NRC does not intend to obtain approval from the Director of the Office of the Federal Register for incorporation by reference of the documents in Table 1.6–3 of the DCD. The NRC also notes that many of these documents containing requirements also contain either SUNSI (proprietary information, and securityrelated information subject to non- disclosure under 10 CFR 2.390(a)(7)(vi)) or SGI. For each of these documents containing SUNSI or SGI there is a corresponding, publicly-available version. In this supplemental proposed rule, the NRC is clarifying that the NRC intends the 50 non-public documents in Table 2 of Section I.A of the SUPPLEMENTARY INFORMATION section of this document to be both requirements and matters resolved under paragraph VI, ISSUE RESOLUTION, of the ESBWR design certification rule. C. Clarification of 20 Publicly-Available Documents Which the NRC Regards As Requirements and Are Matters Resolved Under Paragraph VI, ISSUE RESOLUTION, of the ESBWR Design Certification Rule In Section III of the proposed ESBWR design certification rule (proposed appendix E to 10 CFR part 52), the NRC proposed that Revision 9 of the ESBWR DCD be the sole document which would be incorporated by reference, as a binding requirement, into the Commission’s regulations for the ESBWR design certification. However, as previously described, after the proposed rule was issued and the public comment period had expired, the NRC determined that 20 documents listed in Table 1.6–1 of Revision 9 to the ESBWR DCD, publicly available in their entirety, were regarded by the NRC as requirements and matters resolved under Paragraph VI, ISSUE RESOLUTION, of the proposed ESBWR design certification rule. However, the NRC did not clearly identify in proposed paragraph III.A of the proposed ESBWR design certification rule identifying these publicly-available documents as approved by the Director of the Office of the Federal Register for incorporation by reference. The NRC is clarifying that it intends to obtain approval for incorporation by reference from the Director of the Office of the Federal Register under 1 CFR 51.9 for the 20 documents listed in Table 3 of Section III.C of the SUPPLEMENTARY INFORMATION section of this document. sroberts on DSK5SPTVN1PROD with PROPOSALS TABLE 3—20 PUBLICLY-AVAILABLE DOCUMENTS TO BE APPROVED FOR INCORPORATION BY REFERENCE INTO THE ESBWR DESIGN CERTIFICATION RULE (10 CFR PART 52, APPENDIX E) BY THE DIRECTOR OF THE OFFICE OF THE FEDERAL REGISTER. ADAMS accession No. Document No. Document title BC–TOP–3–A ................................................... Bechtel, ‘‘Tornado and Extreme Wind Design Criteria for Nuclear Power Plants,’’ Topical Report BC–TOP–3–A, Revision 3, August 1974. Bechtel, ‘‘Design of Structures for Missile Impact,’’ Topical Report BC–TOP– 9A, Revision 2, September 1974. General Electric Large Steam Turbine Generator Quality Control Program, GEZ–4982A, Revision 1.2, February 7, 2006. BC–TOP–9A ..................................................... GEZ–4982A ...................................................... VerDate Mar<15>2010 18:56 May 05, 2014 Jkt 232001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\06MYP1.SGM 06MYP1 ML14093A218 ML14093A217 ML14093A215 25725 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Proposed Rules TABLE 3—20 PUBLICLY-AVAILABLE DOCUMENTS TO BE APPROVED FOR INCORPORATION BY REFERENCE INTO THE ESBWR DESIGN CERTIFICATION RULE (10 CFR PART 52, APPENDIX E) BY THE DIRECTOR OF THE OFFICE OF THE FEDERAL REGISTER.—Continued ADAMS accession No. Document No. Document title NEDO–11209–04A ........................................... GE Nuclear Energy, ‘‘GE Nuclear Energy Quality Assurance Program Description,’’ Class I (Non-proprietary), NEDO–11209–04A, Revision 8, March 31, 1989. GE Nuclear Energy, ‘‘BWR Owners’ Group Long-Term Stability Solutions Licensing Methodology,’’ NEDO–31960–A, November 1995. GE Nuclear Energy, ‘‘BWR Owners’ Group Long-Term Stability Solutions Licensing Methodology,’’ NEDO–31960–A, Supplement 1, Class I (Non-proprietary), November 1995. GE Nuclear Energy and BWR Owners’ Group, ‘‘Reactor Stability Detect and Suppress Solutions Licensing Basis Methodology for Reload Applications,’’ NEDO–32465–A, Class I (Non-proprietary), August 1996. GE Hitachi Nuclear Energy, ‘‘NP–2010 COL Demonstration Project Quality Assurance Program,’’ NEDO–33181, Revision 6, August 2009. GE Hitachi Nuclear Energy, ‘‘ESBWR Human Factors Engineering Functional Requirements Analysis Implementation Plan,’’ NEDO–33219, Class I (Non-proprietary), Revision 4, February 2010. GE Hitachi Nuclear Energy, ‘‘Quality Assurance Requirements for Suppliers of Equipment and Services to the GEH ESBWR Project,’’ NEDO–33260, Revision 5, April 2008. GE Hitachi Nuclear Energy, ‘‘ESBWR Human Factors Engineering Operating Experience Review Implementation Plan,’’ NEDO–33262, Class I (Nonproprietary), Revision 3, January 2010. GE Hitachi Nuclear Energy, ‘‘ESBWR Human Factors Engineering Staffing and Qualifications Implementation Plan,’’ NEDO–33266, Class I (Non-proprietary), Revision 3, January 2010. GE Hitachi Nuclear Energy, ‘‘ESBWR Human Factors Engineering Human Reliability Analysis Implementation Plan,’’ NEDO–33267, Class I (Non-proprietary), Revision 4, January 2010. GE Hitachi Nuclear Energy, ‘‘ESBWR Human Factors Engineering Human Performance Monitoring Implementation Plan,’’ NEDO–33277, Class I (Non-proprietary), Revision 4, January 2010. GE Hitachi Nuclear Energy, ‘‘ESBWR Human Factors Engineering Design Implementation Plan,’’ NEDO–33278, Class I (Non-proprietary), Revision 4, January 2010. GE Hitachi Nuclear Energy, ‘‘ESBWR Reliability Assurance Program,’’ NEDO–33289, Class I (Non-proprietary), Revision 2, September 2008. GE Hitachi Nuclear Energy, ‘‘ESBWR Initial Core Transient Analyses,’’ NEDO–33337, Class I (Non-proprietary), Revision 1, April 2009. GE Hitachi Nuclear Energy, ‘‘ESBWR Feedwater Temperature Operating Domain Transient and Accident Analysis,’’ NEDO–33338, Class I (Nonproprietary), Revision 1, May 2009. GE-Hitachi Nuclear Energy, ‘‘Dynamic, Load-Drop, and Thermal-Hydraulic Analyses for ESBWR Fuel Racks,’’ NEDO–33373–A, Revision 5, Class I (Non-proprietary), October 2010. NEDO–31960–A ............................................... NEDO–31960–A Supplement 1 ....................... NEDO–32465–A ............................................... NEDO–33181 ................................................... NEDO–33219 ................................................... NEDO–33260 ................................................... NEDO–33262 ................................................... NEDO–33266 ................................................... NEDO–33267 ................................................... NEDO–33277 ................................................... NEDO–33278 ................................................... NEDO–33289 ................................................... NEDO–33337 ................................................... NEDO–33338 ................................................... NEDO–33373–A ............................................... sroberts on DSK5SPTVN1PROD with PROPOSALS NEDO–33411 ................................................... GE Hitachi Nuclear Energy, ‘‘Risk Significance of Structures, Systems and Components for the Design Phase of the ESBWR,’’ NEDO–33411, Class I (Non-proprietary), Revision 2, February 2010. The NRC would obtain approval from the Director of the Office of the Federal Register for incorporation by reference of these documents before the NRC issues a final rule for the ESBWR design certification. Consistent with the Office of the Federal Register’s requirements, the NRC would, in the final rule, correct paragraph III.A of appendix E to 10 CFR part 52 by identifying in a table all of the publicly-available documents which are approved for incorporation by reference by the Director of the Office of the Federal Register. Therefore, these documents would be regarded as legally-binding requirements by virtue of publication in the Federal Register of the Director of the Office of the Federal Register’s approval of incorporation by reference. The NRC is not requesting public comment in this supplemental proposed rule on the additional documents (i.e., those other than as described in Section I of the SUPPLEMENTARY INFORMATION section of this document) that would be incorporated by reference in this rulemaking. The NRC will explain in a final ESBWR design certification rule why the changes to paragraph III.A, reflecting the Director of the Office of the Federal Register’s approval for VerDate Mar<15>2010 18:56 May 05, 2014 Jkt 232001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 ML14093A209 ML14093A212 ML14093A211 ML14093A210 ML100110150 ML100350104 ML100110150 ML100340030 ML100350167 ML100330609 ML100270770 ML100270468 ML100110150 ML091130628 ML091380173 ML102990226 (part 1) ML102990228 (part 2) ML100610417 incorporation by reference of these 20 additional documents, did not require a supplemental comment opportunity. IV. Section-by-Section Analysis The following section-by-section analysis discusses two proposed revisions to the NRC’s regulations that were not part of the proposed ESBWR design certification rule published on March 24, 2011 (76 FR 16549), which address the changes related to the analysis methodology supporting the ESBWR steam dryer design that were made after the close of the public comment period for the proposed E:\FR\FM\06MYP1.SGM 06MYP1 25726 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Proposed Rules ESBWR design certification rule. No section-by-section analysis is provided for the NRC’s proposed clarification of its intent to treat 50 referenced documents within the ESBWR DCD as requirements and matters resolved in subsequent licensing and enforcement actions for plants referencing the ESBWR design certification. This is because the NRC’s proposed clarification does not require any change to the revision to the language of the proposed ESBWR design certification rule which was previously published for public comment, other than the revision of the ESBWR DCD from Revision 9 to Revision 10, which includes clarifying changes in Section 1.6 of the ESBWR DCD (described in Section III.B of the SUPPLEMENTARY INFORMATION section of this document). sroberts on DSK5SPTVN1PROD with PROPOSALS Appendix E, Paragraph III.A This paragraph identifies the version of the ESBWR DCD which is approved for incorporation by reference by the Director of the Office of the Federal Register, and therefore is considered to be a legally-binding regulation by virtue of the rulemaking process. In this supplemental proposed rule, the NRC proposes to revise this paragraph to update the generic DCD revision number from Revision 9 to 10, provide the ADAMS accession number for Revision 10 of the DCD, and update the name and address of the GEH contact from whom a member of the public could obtain copies of the generic DCD. In addition, editorial changes were made in this paragraph to improve clarity. Appendix E, Paragraph VIII.B.6.b This paragraph identifies Tier 2* information which retains that status throughout the duration of a license referencing the ESBWR design certification rule. In this supplemental proposed rule, the NRC proposes to add the ESBWR steam dryer analysis methodology to paragraph VIII.B.6.b.(8). As a result, this methodology would be designated as Tier 2* and that status would continue throughout the duration of a license referencing this appendix. A licensee referencing this appendix would be subject to the change controls as specified in paragraph VIII.B.6.b with respect to the ESBWR steam dryer analysis methodology. V. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the VerDate Mar<15>2010 18:56 May 05, 2014 Jkt 232001 Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31883). The NRC requests comment on the supplemental proposed rule with respect to the clarity and effectiveness of the language used. VI. Environmental Impact: Finding of No Significant Environmental Impact: Availability In the proposed ESBWR design certification rule published on March 24, 2011, the NRC made available for public comment a draft Environmental Assessment (ADAMS Accession No. ML102220247) for the ESBWR design addressing various design alternatives to prevent and mitigate severe accidents. This supplemental proposed rule does not materially change the ESBWR design nor does it affect the NRC’s prior evaluation of design alternatives to prevent and mitigate severe accidents. Therefore, the NRC has not prepared a supplemental environmental assessment for this supplemental proposed rule, nor is the NRC seeking additional public comment on the environmental assessment already prepared to support the proposed ESBWR design certification rule. VII. Paperwork Reduction Act The proposed ESBWR design certification rule, published on March 24, 2011, contains new or amended information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq) (PRA). The proposed rule was submitted to the Office of Management and Budget (OMB) for review and approval of the information collection requirements under clearance number 3150–0151. Public comments regarding the information collection requirements were requested in conjunction with the proposed rule. This supplemental proposed rule does not contain any new or amended information collection requirements not already identified in the March 24, 2011, proposed rule and, therefore, is not subject to the requirements of the PRA. As a result, the supplemental proposed rule will not be submitted to OMB for approval. Further, the NRC is not seeking further public comment on the potential impact of the information collections contained in or the issues outlined in the PRA section of the ESBWR design certification proposed rule. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 information collection requirement unless the requesting document displays a currently valid OMB control number. VIII. Regulatory Analysis The NRC has not prepared a regulatory analysis for this supplemental proposed rule. As discussed in the proposed ESBWR design certification rule, the NRC does not prepare regulatory analyses for design certification rulemakings. This supplemental proposed rule does not materially change the regulatory nature of this design certification rulemaking. Accordingly, the Commission concludes that preparation of a regulatory analysis for this supplemental proposed rule to certify the ESBWR standard plant design is neither required nor appropriate. IX. Backfitting and Issue Finality The NRC has determined that this supplemental proposed rule does not constitute backfitting as defined in the backfit rule under 10 CFR 50.109, nor is it inconsistent with any of the finality provisions for design certifications under 10 CFR 52.63. This design certification does not impose new or changed requirements on existing 10 CFR part 50 licensees, nor does it impose new or changed requirements on existing design certification rules in appendices A through D to 10 CFR part 52. Therefore, a backfit analysis was not prepared for this supplemental proposed rule. X. Procedures for Access to Sensitive Unclassified Non-Safeguards Information (Including Proprietary Information) and Safeguards Information for Preparation of Comments on the Supplemental Proposed ESBWR Design Certification Rule This section contains instructions regarding how interested persons who wish to comment on the proposed design certification, with respect to any of the 50 non-publicly available documents (including the three documents addressing the analysis methodology supporting the ESBWR steam dryer design), may request access to those documents in order to prepare their comments within the scope of this supplemental proposed rule. These documents, which are listed in Table 2 of Section I.A of the SUPPLEMENTARY INFORMATION section of this document, contain SUNSI (including proprietary information 2 and security-related 2 For purposes of this discussion, ‘‘proprietary information’’ constitutes trade secrets or E:\FR\FM\06MYP1.SGM 06MYP1 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Proposed Rules sroberts on DSK5SPTVN1PROD with PROPOSALS information 3) and, in one case, SGI. Requirements for access to SGI are primarily set forth in 10 CFR parts 2 and 73. This document provides information specific to this supplemental proposed rule; however, nothing in this document is intended to conflict with the SGI regulations. Interested persons who desire access to SUNSI information on the ESBWR design constituting proprietary information should first request access to that information from GEH, the design certification applicant. A request for access should be submitted to the NRC if the applicant does not either grant or deny access by the 10-day deadline described in the following section. One of the 50 non-publicly available documents in Table 2, NEDE–33536P, contains proprietary information and security-related information. Another of the non-publicly available documents in Table 2, NEDE–33391, contains proprietary information, security-related information, and SGI. If you need access to proprietary information in one or both of these two documents in order to develop comments within the scope of this supplemental proposed rule, then your request for access should first be submitted to GEH in accordance with the previous paragraph. By contrast, if you need access to the security-related information and/or SGI in one or both of those documents in order to provide comments within the scope of this supplemental proposed rule, then your request for access to the security-related information and/or SGI must be submitted to the NRC as described further in this section. Therefore, if you need access to proprietary information as well as security-related information and/or SGI in one or both of those documents, then you should pursue access to the information in separate requests submitted to GEH and the NRC. Submitting a Request to the NRC for Access Within 10 days after publication of this supplemental proposed rule, any individual or entity who, in order to submit comments on the supplemental proposed ESBWR design certification rule, believes access to information in this rulemaking docket that the NRC has categorized as SUNSI or SGI is necessary may request access to such information. Requests for access to commercial or financial information that are privileged or confidential, as those terms are used under the Freedom of Information Act and the NRC’s implementing regulation at 10 CFR part 9. 3 For purposes of this discussion, ‘‘securityrelated information’’ means information subject to non-disclosure under 10 CFR 2.390(a)(7)(vi). VerDate Mar<15>2010 18:56 May 05, 2014 Jkt 232001 SUNSI or SGI submitted more than 10 days after publication of this document will not be considered absent a showing of good cause for the late filing explaining why the request could not have been filed earlier. The individual or entity requesting access to the information (hereinafter, the ‘‘requester’’) shall submit a letter requesting permission to access SUNSI and/or SGI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Attention: Rulemakings and Adjudications Staff, Washington, DC 20555–0001. The expedited delivery or courier mail address is: Office of the Secretary, U.S. Nuclear Regulatory Commission, Attention: Rulemakings and Adjudications Staff, 11555 Rockville Pike, Rockville, Maryland 20852. The email address for the Office of the Secretary is rulemaking.comments@nrc.gov. The requester must send a copy of the request to the design certification applicant at the same time as the original transmission to the NRC using the same method of transmission. Requests to the applicant must be sent to Jerald G. Head, Senior Vice President, Regulatory Affairs, GE-Hitachi Nuclear Energy, 3901 Castle Hayne Road, MC A– 18, Wilmington, North Carolina 28401, email: jerald.head@ge.com. For purposes of complying with this requirement, a ‘‘request’’ includes all the information required to be submitted to the NRC as set forth in this section. The request must include the following information: 1. The name of this design certification, ESBWR Design Certification; the rulemaking identification number, RIN 3150–AI85; the rulemaking docket number, NRC– 2010–0135; and a Federal Register citation to this supplemental proposed rule at the top of the first page of the request. 2. The name, address, email or FAX number of the requester. If the requester is an entity, the name of the individual(s) to whom access is to be provided, then the address and email or FAX number for each individual, and a statement of the authority granted by the entity to each individual to review the information and to prepare comments on behalf of the entity must be provided. If the requester is relying upon another individual to evaluate the requested SUNSI and/or SGI and prepare comments, then the name, affiliation, address and email or FAX number for that individual must be provided. 3.a. If the request is for SUNSI, the requester’s need for the information in PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 25727 order to prepare meaningful comments on the supplemental proposed design certification must be demonstrated. Each of the following areas must be addressed with specificity: i. The specific issue or subject matter on which the requester wishes to comment; ii. An explanation why information which is publicly available, including the publicly-available versions of the application and design control document, and information on the NRC’s docket for the design certification application is insufficient to provide the basis for developing meaningful comment on the supplemental proposed ESBWR design certification rule with respect to the issue or subject matter described in paragraph 3.a.i. of this section; and iii. Information demonstrating that the individual to whom access is to be provided has the technical competence (demonstrable knowledge, skill, experience, education, training, or certification) to understand and use (or evaluate) the requested information for a meaningful comment on the supplemental proposed ESBWR design certification rule with respect to the issue or subject matter described in paragraph 3.a.i. of this section. b. If the request is for SUNSI constituting proprietary information, then a chronology and discussion of the requester’s attempts to obtain the information from the design certification applicant, and the final communication from the requester to the applicant and the applicant’s response with respect to the request for access to proprietary information must be submitted. 4. Based on an evaluation of the information submitted under paragraph 3 of this section, the NRC staff will determine within 10 days of receipt of the written access request whether the requester has established a legitimate need for SUNSI access. 4.a. If the request is for SGI, then the requester’s ‘‘need to know’’ the SGI as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1) must be demonstrated. Consistent with the definition of ‘‘need to know’’ as stated in 10 CFR 73.2 and 10 CFR 73.22(b)(1), each of the following areas must be addressed with specificity: i. The specific issue or subject matter on which the requester wishes to comment; ii. An explanation why information which is publicly available, including the publicly-available versions of the application and design control document, and information on the NRC’s docket for the design certification E:\FR\FM\06MYP1.SGM 06MYP1 25728 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Proposed Rules sroberts on DSK5SPTVN1PROD with PROPOSALS application is insufficient to provide the basis for developing meaningful comment on the proposed design certification with respect to the issue or subject matter described in paragraph 4.a.i. of this section, and that the SGI requested is indispensable in order to develop meaningful comments; 4 and iii. Information demonstrating that the individual to whom access is to be provided has the technical competence (demonstrable knowledge, skill, experience, education, training, or certification) to understand and use (or evaluate) the requested SGI, in order to develop meaningful comments on the proposed design certification with respect to the issue or subject matter described in paragraph 4.a.i. of this section. b. A completed Form SF–85, ‘‘Questionnaire for Non-Sensitive Positions,’’ must be submitted for each individual who would have access to SGI. The completed Form SF–85 will be used by the NRC’s Office of Administration to conduct the background check required for access to SGI, as required by 10 CFR part 2, subpart G, and 10 CFR 73.22(b)(2) to determine the requester’s trustworthiness and reliability. For security reasons, Form SF–85 can only be submitted electronically through the electronic Questionnaire for Investigations Processing (e-QIP) Web site, a secure Web site that is owned and operated by the Office of Personnel Management. To obtain online access to the form, the requester should contact the NRC’s Office of Administration at 301–415–7000.5 c. A completed Form FD–258 (fingerprint card), signed in original ink, and submitted under 10 CFR 73.57(d). Copies of Form FD–258 may be obtained by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; by calling 301–415–3710 or 301– 492–7311; or by email to Forms.Resource@nrc.gov. The fingerprint card will be used to satisfy the requirements of 10 CFR part 2, 10 4 Broad SGI requests under these procedures are unlikely to meet the standard for need to know. Furthermore, NRC staff redaction of information from requested documents before their release may be appropriate to comport with this requirement. The procedures in this notice of proposed rulemaking do not authorize unrestricted disclosure or less scrutiny of a requester’s need to know than ordinarily would be applied in connection with either adjudicatory or non-adjudicatory access to SGI. 5 The requester will be asked to provide his or her full name, social security number, date and place of birth, telephone number, and email address. After providing this information, the requester usually should be able to obtain access to the online form within one business day. VerDate Mar<15>2010 18:56 May 05, 2014 Jkt 232001 CFR 73.22(b)(1), and Section 149 of the Atomic Energy Act of 1954, as amended, which mandates that all persons with access to SGI must be fingerprinted for a Federal Bureau of Investigation identification and criminal history records check; d. A check or money order in the amount of $238.00 6 payable to the U.S. Nuclear Regulatory Commission for each individual for whom the request for access has been submitted; and e. If the requester or any individual who will have access to SGI believes they belong to one or more of the categories of individuals relieved from the criminal history records check and background check requirements, as stated in 10 CFR 73.59, the requester should also provide a statement specifically stating which relief the requester is invoking, and explaining the requester’s basis (including supporting documentation) for believing that the relief is applicable. While processing the request, the NRC’s Office of Administration, Personnel Security Branch, will make a final determination whether the stated relief applies. Alternatively, the requester may contact the Office of Administration for an evaluation of their status prior to submitting the request. Persons who are not subject to the background check are not required to complete the SF–85 or Form FD–258; however, all other requirements for access to SGI, including the need to know, are still applicable. Copies of documents and materials required by paragraphs 4.b., 4.c., 4.d., and 4.e., as applicable, of this section must be sent to the following address: Office of Administration, U.S. Nuclear Regulatory Commission, Personnel Security Branch, Mail Stop TWF– 03B46M, Washington, DC 20555–0012. These documents and materials should not be included with the request letter to the Office of the Secretary, but the request letter should state that the forms and fees have been submitted as required. 5. To avoid delays in processing requests for access to SGI, all forms should be reviewed for completeness and accuracy (including legibility) before submitting them to the NRC. The NRC will return incomplete or illegible packages to the sender without processing. 6. Based on an evaluation of the information submitted under paragraphs 3.a. and 3.b., or 4.a., 4.b., 4.c., and 4.e. of this section, as applicable, the NRC 6 This fee is subject to change pursuant to the Office of Personnel Management’s adjustable billing rates. PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 staff will determine within 10 days of receipt of the written access request whether the requester has established a legitimate need for SUNSI access or need to know the SGI requested. 7. For SUNSI access requests, if the NRC staff determines that the requester has established a legitimate need for access to SUNSI, the NRC staff will notify the requester in writing that access to SUNSI has been granted; provided, however, that if the SUNSI consists of proprietary information (i.e., trade secrets or confidential or financial information), the NRC staff must first notify the applicant of the NRC staff’s determination to grant access to the requester not less than 10 days before informing the requester of the NRC staff’s decision. If the applicant wishes to challenge the NRC staff’s determination, it must follow the procedures in paragraph 12 of this section. The NRC staff will not provide the requester access to disputed proprietary information until the procedures in paragraph 12 of this section are completed. The written notification to the requester will contain instructions on how the requester may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions will include, but are not necessarily limited to, the signing of a protective order setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI. Claims that the provisions of such a protective order have not been complied with may be filed by calling the NRC’s toll-free safety hotline at 1–800–695– 7403. Please note: Calls to this number are not recorded between the hours of 7:00 a.m. to 5:00 p.m. Eastern Time. However, calls received outside these hours are answered by the NRC’s Incident Response Operations Center on a recorded line. Claims may also be filed via email sent to NRO_Allegations@ nrc.gov, or may be sent in writing to the U.S. Nuclear Regulatory Commission, ATTN: Timothy Frye, Mail Stop T7– D24, Washington, DC 20555–0001. 8. For requests for access to SGI, if the NRC staff determines that the requester has established a need to know the SGI, the NRC’s Office of Administration will then determine, based upon completion of the background check, whether the proposed recipient is trustworthy and reliable, as required for access to SGI by 10 CFR 73.22(b). If the NRC’s Office of Administration determines that the individual or individuals are trustworthy and reliable, the NRC will promptly notify the requester in writing. E:\FR\FM\06MYP1.SGM 06MYP1 25729 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Proposed Rules The notification will provide the names of approved individuals as well as the conditions under which the SGI will be provided. Those conditions will include, but are not necessarily limited to, the signing of a protective order by each individual who will be granted access to SGI. Claims that the provisions of such a protective order have not been complied with may be filed by calling the NRC’s toll-free safety hotline at 800– 695–7403. Please note: Calls to this number are not recorded between the hours of 7:00 a.m. to 5:00 p.m. Eastern Time. However, calls received outside these hours are answered by the NRC’s Incident Response Operations Center on a recorded line. Claims may also be filed via email sent to NRO_Allegations@ nrc.gov, or may be sent in writing to the U.S. Nuclear Regulatory Commission, ATTN: Timothy Frye, Mail Stop T7– D24, Washington, DC 20555–0001. Because SGI requires special handling, initial filings with the NRC should be free from such specific information. If necessary, the NRC will arrange an appropriate setting for transmitting SGI to the NRC. 9. Release and Storage of SGI. Prior to providing SGI to the requester, the NRC staff will conduct (as necessary) an inspection to confirm that the recipient’s information protection system is sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively, recipients may opt to view SGI at an approved SGI storage location rather than establish their own SGI protection program to meet SGI protection requirements. 10. Filing of Comments on the Supplemental Proposed ESBWR Design Certification Rule. Any comments in this rulemaking proceeding that are based upon the disclosed SUNSI or SGI information must be filed by the requester no later than 25 days after receipt of (or access to) that information, or the close of the public comment period, whichever is later. The commenter must comply with all NRC requirements regarding the submission of SUNSI and SGI to the NRC when submitting comments to the NRC (including marking and transmission requirements). 11. Review of Denials of Access. a. If the request for access to SUNSI or SGI is denied by the NRC staff, the NRC staff shall promptly notify the requester in writing, briefly stating the reason or reasons for the denial. b. Before the NRC’s Office of Administration makes an adverse determination regarding the trustworthiness and reliability of the proposed recipient(s) of SGI, the NRC’s Office of Administration, as specified by 10 CFR 2.705(c)(3)(iii), must provide the proposed recipient(s) any records that were considered in the trustworthiness and reliability determination, including those required to be provided under 10 CFR 73.57(e)(1), so that the proposed recipient is provided an opportunity to correct or explain information. c. Appeals from a denial of access must be made to the NRC’s Executive Director for Operations (EDO) under 10 CFR 9.29. The decision of the EDO constitutes final agency action under 10 CFR 9.29(d). 12. Predisclosure Procedures for SUNSI Constituting Trade Secrets or Confidential Commercial or Financial Information. The NRC will follow the procedures in 10 CFR 9.28 if the NRC staff determines, under paragraph 7 of this section, that access to SUNSI constituting trade secrets or confidential commercial or financial information will be provided to the requester. However, any objection filed by the applicant under 10 CFR 9.28(b) must be filed within 15 days of the NRC staff notice in paragraph 7 of this section rather than the 30-day period provided for under that paragraph. In applying the provisions of 10 CFR 9.28, the applicant for the design certification rule will be treated as the ‘‘submitter.’’ XI. Availability of Documents The documents related to the ESBWR steam dryer analysis methodology for which the NRC is seeking public comment are listed in Table 1, Section 1.A of the SUPPLEMENTARY INFORMTION section of this document. The documents which the NRC regards as requirements and are matters resolved under Paragraph VI, ISSUE RESOLUTION, of the ESBWR design certification rule, and for which the NRC is seeking public comment on the NRC’s proposed clarification of its intent to treat these non-public documents as requirements and matters resolved, are listed in Table 2, Section 1.A of the SUPPLEMENTARY INFORMATION section of this document. The documents to be treated by the NRC as requirements in the final ESBWR design certification rule, but the NRC is not seeking public comment, are listed in Table 3, Section III.C of the SUPPLEMENTARY INFORMATION section of this document. Additional documents relevant to the proposed ESBWR design certification rule, for which an opportunity for public comment was provided in the proposed ESBWR design certification rule (76 FR 16549; March 24, 2011), are listed in Table 4. These documents have not changed since the publication of the proposed ESBWR design certification rule for public comment. The NRC is not seeking public comment on these documents in this supplemental proposed rule; they are listed in Table 4 for the benefit of the reader. TABLE 4—DOCUMENTS RELEVANT TO THE ESBWR DESIGN CERTIFICATION RULE, FOR WHICH AN OPPORTUNITY FOR PUBLIC COMMENT WAS PROVIDED IN THE ESBWR PROPOSED RULE Document No. Publicly available ADAMS accession No. Document title Non-publicly available ADAMS accession No. ML110670047 N/A ML102220172 N/A ML102220215 N/A ML102220247 N/A Proposed Rule Documents sroberts on DSK5SPTVN1PROD with PROPOSALS SRM–SECY–11–0006 .................................................. SECY–11–0006 ............................................................ Proposed Rule Federal Register Notice ..................... Proposed Rule Environmental Assessment ................. VerDate Mar<15>2010 18:56 May 05, 2014 Jkt 232001 PO 00000 Staff Requirements Memorandum for SECY–11– 0006, ‘‘Staff Requirements—SECY–11–0006—Proposed Rule—Economic Simplified Boiling-Water Reactor Design Certification,’’ dated March 8, 2011. SECY–11–0006, ‘‘Proposed Rule-Economic Simplified Boiling-Water Reactor Design Certification,’’ dated January 7, 2011. Federal Register Notice—Proposed Rule—ESBWR Design Certification. Draft Environmental Assessment—Proposed Rule— ESBWR Design Certification. Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\06MYP1.SGM 06MYP1 25730 Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Proposed Rules TABLE 4—DOCUMENTS RELEVANT TO THE ESBWR DESIGN CERTIFICATION RULE, FOR WHICH AN OPPORTUNITY FOR PUBLIC COMMENT WAS PROVIDED IN THE ESBWR PROPOSED RULE—Continued Document No. Document title Publicly available ADAMS accession No. Non-publicly available ADAMS accession No. Final Safety Evaluation Report ..................................... ESBWR Final Safety Evaluation Report, dated March 9, 2011. ML103070392 (package) N/A List of Subjects in 10 CFR Part 52 Administrative practice and procedure, Antitrust, Backfitting, Combined license, Early site permit, Emergency planning, Fees, Inspection, Limited work authorization, Nuclear power plants and reactors, Probabilistic risk assessment, Prototype, Reactor siting criteria, Redress of site, Reporting and recordkeeping requirements, Standard design, Standard design certification, Incorporation by reference. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is proposing to adopt the following amendments to 10 CFR Part 52. PART 52—LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS 1. The authority citation for 10 CFR part 52 continues to read as follows: ■ Authority: Atomic Energy Act secs. 103, 104, 147, 149, 161, 181, 182, 183, 185, 186, 189, 223, 234 (42 U.S.C. 2133, 2201, 2167, 2169, 2232, 2233, 2235, 2236, 2239, 2282); Energy Reorganization Act secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109–58, 119 Stat. 594 (2005). of the generic DCD from Jerald G. Head, Senior Vice President, Regulatory Affairs, GE-Hitachi Nuclear Energy, 3901 Castle Hayne Road, MC A–18, Wilmington, NC 28401, telephone: 1–910–819–5692. You can view the generic DCD online in the NRC Library at https://www.nrc.gov/reading-rm/ adams.html. In ADAMS, search under ADAMS Accession No. ML14104A929. If you do not have access to ADAMS or if you have problems accessing documents located in ADAMS, contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397– 4209, 1–301–415–3747, or by email at PDR.Resource@nrc.gov. The generic DCD can also be viewed at the Federal rulemaking Web site, https://www.regulations.gov, by searching for documents filed under Docket ID NRC–2010–0135. A copy of the DCD is available for examination and copying at the NRC’s PDR located at Room O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. A copy also is available for examination at the NRC Library located at Two White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852, telephone: 301–415–5610, email: Library.Resource@nrc.gov. All approved material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 1–202–741–6030 or go to https:// www.archives.gov/federal-register/cfr/ ibrlocations.html. * * * * * 2. In appendix E to 10 CFR part 52, as proposed to be added March 24, 2011 (76 FR 16549): ■ A. Revise paragraph III.A. ■ B. Add new paragraph VIII.B.6.b.(8). The revision and addition read as follows: VIII. * * * B. * * * 6. * * * b. * * * (8) Steam dryer pressure load analysis methodology. Appendix E to Part 52—Design Certification Rule for the ESBWR Design. Dated at Rockville, Maryland, this 23rd day of April, 2014. For the Nuclear Regulatory Commission. Mark A. Satorius, Executive Director for Operations. ■ sroberts on DSK5SPTVN1PROD with PROPOSALS * * * * * III. Scope and Contents A. Incorporation by reference approval. All Tier 1, Tier 2 (including the availability controls in Appendix 19ACM), and the generic TS in the ESBWR DCD, Revision 10, dated April 2014, ‘‘ESBWR Design Control Document,’’ are approved for incorporation by reference by the Director of the Office of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies VerDate Mar<15>2010 18:56 May 05, 2014 Jkt 232001 * * * * * [FR Doc. 2014–10246 Filed 5–5–14; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1026 [Docket No. CFPB–2014–0009] RIN 3170–AA43 Amendments to the 2013 Mortgage Rules Under the Truth in Lending Act (Regulation Z) Bureau of Consumer Financial Protection. ACTION: Proposed rule with request for public comment. AGENCY: The Bureau of Consumer Financial Protection (Bureau) proposes amendments to certain mortgage rules issued in 2013. The proposed rule would provide an alternative small servicer definition for nonprofit entities that meet certain requirements, amend the existing exemption from the abilityto-repay rule for nonprofit entities that meet certain requirements, and provide a limited cure mechanism for the points and fees limit that applies to qualified mortgages. DATES: Comments regarding the proposed amendments to 12 CFR 1026.41(e)(4), 1026.43(a)(3), and 1026.43(e)(3) must be received on or before June 5, 2014. For the requests for comment regarding correction or cure of debt-to-income ratio overages and the credit extension limit for the small creditor definition, comments must be received on or before July 7, 2014. ADDRESSES: You may submit comments, identified by Docket No. CFPB–2014– 0009 or RIN 3170–AA43, by any of the following methods: • Electronic: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail/Hand Delivery/Courier: Monica Jackson, Office of the Executive Secretary, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552. Instructions: All submissions should include the agency name and docket number or Regulatory Information Number (RIN) for this rulemaking. Because paper mail in the Washington, SUMMARY: E:\FR\FM\06MYP1.SGM 06MYP1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 79, Number 87 (Tuesday, May 6, 2014)]
[Proposed Rules]
[Pages 25715-25730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10246]

=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Part 52

[NRC-2010-0135]
RIN 3150-AI85

ESBWR Design Certification

AGENCY: Nuclear Regulatory Commission.

ACTION: Supplemental proposed rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its regulations to certify the Economic Simplified Boiling-Water
Reactor (ESBWR) standard plant design. The proposed ESBWR design
certification rule was published for public comment on March 24, 2011.
The NRC is publishing this supplemental proposed rule to provide an
opportunity for the public to comment on two matters. The first is
proposed changes related to the analysis methodology supporting the
ESBWR steam dryer design that were made after the close of the public
comment period for the proposed ESBWR design certification rule. The
second is the NRC's proposed clarification of its intent to treat 50
referenced documents within Revision 10 of the ESBWR design control
document (DCD) as requirements and matters resolved in subsequent
licensing and enforcement actions for plants referencing the ESBWR
design certification. In addition, the supplemental proposed rule
clarifies that the NRC intends to obtain approval for incorporation by
reference from the Director of the Office of the Federal Register for
the generic DCD and 20 publicly-available documents that are referenced
in the DCD that are intended by the NRC to be requirements. The
supplemental proposed rule does not offer an opportunity for public
comment on this clarification of the NRC's intent. Finally, the
supplemental proposed rule updates the version of the DCD (from
Revision 9 to Revision 10) which the NRC proposes to obtain approval
for incorporation by reference from the Office of the Federal Register.
Revision 10 of the DCD was needed to address the previously described
matters. The applicant for certification of the ESBWR design is GE-
Hitachi Nuclear Energy (GEH).

DATES: Submit comments by June 5, 2014. The NRC will not address any
comments received after this date, except as discussed in Section I.B
of the SUPPLEMENTARY INFORMATION section of this document.

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-2010-0135. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this proposed rule.
Email comments to: Rulemaking.Comments@nrc.gov. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: George M. Tartal, telephone: 301-415-
0016, email: George.Tartal@nrc.gov; or David Misenhimer, telephone:
301-415-6590, email: David.Misenhimer@nrc.gov. Both of the Office of
New Reactors, U.S. Nuclear Regulatory Commission, Washington DC 20555-
0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Obtaining Information and Submitting Comments
A. Obtaining Information
1. Documents Related To Changes Associated With the Analysis
Methodology Supporting the ESBWR Steam Dryer Design
2. 50 Non-Public Documents Which the NRC Regards As Requirements
and Are Matters Resolved
B. Additional Information on Submitting Comments
II. Background
III. Discussion
A. ESBWR Steam Dryer Design
1. Correction of Information Related to the Steam Dryer Design
2. Designation of Revised Steam Dryer Analysis Methodology as
Tier 2*

[[Page 25716]]

B. Clarification of 50 Non-Public Documents Which the NRC
Regards As Requirements and Are Matters Resolved Under Paragraph VI,
ISSUE RESOLUTION, of the ESBWR Design Certification Rule
C. Clarification of 20 Publicly-Available Documents Which the
NRC Regards As Requirements and Are Matters Resolved Under Paragraph
VI, ISSUE RESOLUTION, of the ESBWR Design Certification Rule
IV. Section-by-Section Analysis
V. Plain Writing
VI. Environmental Impact: Finding of No Significant Environmental
Impact: Availability
VII. Paperwork Reduction Act Statement
VIII. Regulatory Analysis
IX. Backfitting and Issue Finality
X. Procedures for Access to Sensitive Unclassified Non-Safeguards
Information (Including Proprietary Information) or Safeguards
Information for Preparation of Comments on the Supplemental Proposed
ESBWR Design Certification Rule
XI. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2010-0135 when contacting the NRC
about the availability of information for this action. You may access
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2010-0135.
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.
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.
1. Documents Related To Changes Associated With the Analysis
Methodology Supporting the ESBWR Steam Dryer Design
The documents identified in Table 1, relating to the changes
associated with the analysis methodology supporting the ESBWR steam
dryer design, are available to interested persons who wish to comment
on the proposed changes. Some of the documents in Table 1 have two
versions: a version which is publicly-available, and the (original and
complete) version which is not publicly available because it contains
information which is proprietary. If you need to obtain access to the
non-public version of a document in order to provide comments on the
proposed changes to the analysis methodology supporting the ESBWR steam
dryer design, please follow the process described in Section X of the
SUPPLEMENTARY INFORMATION section of this document. Before requesting
access to the non-public version of any document, please obtain the
publicly-available version of the document to verify if the information
in the publicly-available version of a document is sufficient to allow
you to comment on the proposed changes to the analysis methodology
supporting the ESBWR steam dryer design.

Table 1--Documents Relating to the Changes Associated With the Analysis Methodology Supporting the ESBWR Steam
Dryer Design
----------------------------------------------------------------------------------------------------------------
Publicly- available Non-publicly available
Document No. Document title ADAMS accession No. ADAMS accession No.
----------------------------------------------------------------------------------------------------------------
Supplemental proposed rule documents
----------------------------------------------------------------------------------------------------------------
Supplemental Final Safety Advanced Supplemental ML14043A134 ML13330A950
Evaluation Report. Safety Evaluation Report
For The Economic
Simplified Boiling-Water
Reactor Standard Plant
Design.
ESBWR DCD, Rev. 10............... ESBWR Design Control ML14104A929 ML14104A153
Document, Revision 10. (package) (package)
NEDO-33312, Rev. 5, NEDE-33312P, GE Hitachi Nuclear ML13344B157 ML13344B163
Rev. 5. Energy, ``ESBWR Steam
Dryer Acoustic Load
Definition,'' NEDE-
33312P, Class III
(Proprietary), Revision
5, December 2013, and
NEDO-33312, Class I (Non-
proprietary), Revision
5, December 2013.
NEDO-33313, Rev. 5 NEDE-33313P, GE Hitachi Nuclear ML13344B158 ML13344B164
Rev. 5. Energy, ``ESBWR Steam
Dryer Structural
Evaluation,'' NEDE-
33313P, Class III
(Proprietary), Revision
5, December 2013, and
NEDO-33313, Class I (Non-
proprietary), Revision
5, December 2013.
NEDO-33408, Rev. 5, NEDE-33408P, GE Hitachi Nuclear ML13344B159 ML13344B176
Rev. 5. Energy, ``ESBWR Steam (part 1)
Dryer--Plant Based Load ML13344B175
Evaluation Methodology, (part 2)
PBLE01 Model
Description,'' NEDE-
33408P, Class III
(Proprietary), Revision
5, December 2013, and
NEDO-33408, Class I (Non-
proprietary), Revision
5, December 2013.
----------------------------------------------------------------------------------------------------------------

[[Page 25717]]

Other NRC documents relevant to the safety review of the ESBWR steam dryer analysis methodology
----------------------------------------------------------------------------------------------------------------
N/A.............................. Letter from Michael E. ML120170304 N/A
Mayfield, NRC, to Gerald
G. Head, GEH, ``Economic
Simplified Boiling Water
Reactor Design
Certification Rulemaking
Schedule,'' January 19,
2012.
N/A.............................. NRC Staff Audit of Steam ML120790454 ML120760509
Dryer Design Methodology
Supporting Chapter 3 of
the Economic Simplified
Boiling Water Reactor
Design Certification
Document, Revision
1 (Audit Plan),
March 20, 2012 (PUBLIC),
March 20, 2012
(PROPRIETARY).
N/A.............................. Audit Report of ESBWR ML12166A127 ML12137A497
Steam Dryer Design
Methodology Supporting
Chapter 3 of ESBWR
Design Control Document
(Audit Report), June 14,
2012 (PUBLIC), May 17,
2012 (PROPRIETARY).
N/A.............................. Letter from Kerri ML12073A165 N/A
Kavanagh, NRC, to Gerald
G. Head, GEH, ``Quality
Assurance Implementation
Inspection of Economic
Simplified Boiling Water
Reactor,'' March 14,
2012.
NRC Inspection Report 052010/2012- NRC Inspection Report ML12187A102 ML12129A438
201. 05200010/2012-201 and
Notice of Violation,
July 6, 2012 (PUBLIC),
May 31, 2012
(PROPRIETARY).
----------------------------------------------------------------------------------------------------------------
Table 1 Note: Documents whose document number contains ``NEDC'' or ``NEDE'' are non-public and documents whose
document number contains ``NEDO'' are public.

2. 50 Non-Public Documents Which the NRC Regards as Requirements and
Are Matters Resolved
In addition to Revision 10 of the ESBWR DCD, the non-public
versions of the 50 documents identified in Table 2 are documents which
the NRC regards as requirements and are matters resolved under
Paragraph VI, ISSUE RESOLUTION, of the ESBWR Design Certification Rule.
The documents in Table 2 are available to interested persons who wish
to comment on the NRC's proposed clarification of its intent to treat
these non-public documents as requirements and matters resolved in
subsequent licensing and enforcement actions for plants referencing the
ESBWR design certification. The NRC notes that three of the documents
in Table 2 related to the ESBWR steam dryer are the same documents
described in Section III.A and listed in Table 1 of the SUPPLEMENTARY
INFORMATION section of this document. Accordingly, the NRC regards
these three documents as requirements and are matters resolved under
Paragraph VI, ISSUE RESOLUTION, of the ESBWR Design Certification Rule.
All of the documents in Table 2 have two versions: A version which
is publicly-available, and the (original and complete) version which is
not publicly available because it contains information which is either
Sensitive Unclassified Non-Safeguards Information (SUNSI) (including
SUNSI constituting ``proprietary information'' \1\), or Safeguards
Information (SGI) under Section 147 of the Atomic Energy Act of 1954,
as amended. If you need to obtain access to the non-public document in
order to provide comments on the NRC's proposed clarification of its
intent to treat the 50 documents in Table 2 as matters resolved in
subsequent licensing and enforcement actions for plants referencing the
ESBWR design certification, please follow the process described in
Section X of the SUPPLEMENTARY INFORMATION section of this document.
Before requesting access to any non-public document, please obtain the
publicly-available version of the document to verify if the information
in the publicly-available version of a document is sufficient to allow
you to comment on the NRC's proposed clarification of its intent to
treat the 50 documents in Table 2 as matters resolved in subsequent
licensing and enforcement actions for plants referencing the ESBWR
design certification.
---------------------------------------------------------------------------

\1\ For purposes of this discussion, ``proprietary information''
constitutes trade secrets or commercial or financial information
that are privileged or confidential, as those terms are used under
the Freedom of Information Act and the NRC's implementing regulation
at part 9 of Title 10 of the Code of Federal Regulations.

[[Page 25718]]

Table 2--50 Non-Public Documents Which the NRC Regards as Requirements and are Matters Resolved Under Paragraph
VI, ISSUE RESOLUTION, of the ESBWR Design Certification Rule
----------------------------------------------------------------------------------------------------------------
Publicly- available Non-publicly available
Document No. Document title ADAMS accession No. ADAMS accession No.
----------------------------------------------------------------------------------------------------------------
NEDE-33391, NEDO-33391........... GE Hitachi Nuclear ML14093A138 N/A
Energy, ``ESBWR (Safeguards information
Safeguards Assessment cannot be placed in
Report,'' NEDE-33391, ADAMS)
Class III (Safeguards,
Security-Related, and
Proprietary), Revision
3, March 2010, and NEDO-
33391, Class I (Non-
safeguards, Non-security
related, and Non-
proprietary), Revision
3, March 2014.
NEDC-31959P, NEDO-31959.......... GE Nuclear Energy, ``Fuel ML14093A145 ML14093A146
Rod Thermal-Mechanical
Analysis Methodology
(GSTRM),'' NEDC-31959P
(Proprietary), April
1991, and NEDO-31959
(Non-proprietary), April
1991.
NEDC-32992P-A, NEDO-32992-A...... GE Nuclear Energy, J. S. ML14093A250 ML012610605
Post and A. K. Chung,
``ODYSY Application for
Stability Licensing
Calculations,'' NEDC-
32992P-A, Class III
(Proprietary), July
2001, and NEDO-32992-A,
Class I (Non-
proprietary), July 2001.
NEDC-33139P-A, NEDO-33139-A...... Global Nuclear Fuel, ML14094A227 ML14094A228
``Cladding Creep
Collapse,'' NEDC-33139P-
A, Class III
(Proprietary), July
2005, and NEDO-33139-A,
Class I (Non-
proprietary), July 2005.
NEDE-31758P-A, NEDO-31758-A...... GE Nuclear Energy, ``GE ML14093A142 ML14093A143
Marathon Control Rod
Assembly,'' NEDE-31758P-
A (Proprietary), October
1991, and NEDO-31758-A
(Non-proprietary),
October 1991.
NEDC-32084P-A, NEDO-32084-A...... GE Nuclear Energy, ``TASC- ML100220484 ML100220485
03A, A Computer Program
for Transient Analysis
of a Single Channel,''
NEDC-32084P-A, Revision
2, Class III
(Proprietary), July
2002, and NEDO-32084-A,
Class 1 (Non-
proprietary), Revision
2, September 2002.
NEDC-32601 P-A, NEDO-32601-A..... GE Nuclear Energy, ML14093A216 ML003740145
``Methodology and
Uncertainties for Safety
Limit MCPR
Evaluations,'' NEDC-
32601P-A, Class III
(Proprietary), and NEDO-
32601-A, Class I (Non-
proprietary), August
1999.
NEDC-32983P-A, NEDO-32983-A...... GE Nuclear Energy, ``GE ML072480121 ML072480125
Methodology for Reactor
Pressure Vessel Fast
Neutron Flux
Evaluations,'' Licensing
Topical Report NEDC-
32983P-A, Class III
(Proprietary), Revision
2, January 2006, and
NEDO-32983-A, Class I
(Non-proprietary),
Revision 2, January 2006.
NEDC-33075P-A, NEDO-33075-A...... GE Hitachi Nuclear ML080310396 ML080310402
Energy, ``General
Electric Boiling Water
Reactor Detect and
Suppress Solution--
Confirmation Density,''
NEDC-33075P-A, Class III
(Proprietary), and NEDO-
33075-A, Class I (Non-
proprietary), Revision
6, January 2008.
NEDC-33079P, NEDO-33079.......... GE Nuclear Energy, ML053460471 ML051390233
``ESBWR Test and
Analysis Program
Description,'' NEDC-
33079P, Class III
(Proprietary), Revision
1, March 2005, and NEDO-
33079, Class I (Non-
proprietary), Revision
1, November 2005.
NEDC-33083P-A, NEDO-33083-A...... GE Nuclear Energy, ML102770606 ML102770608
``TRACG Application for
ESBWR,'' NEDC-33083P-A,
Revision 1, Class III
(Proprietary), September
2010, and NEDO-33083-A,
Revision 1, Class I (Non-
proprietary), September
2010.
NEDC-33237P-A, NEDO-33237-A...... Global Nuclear Fuel, ML102770246 ML102770244
``GE14 for ESBWR--
Critical Power
Correlation,
Uncertainty, and OLMCPR
Development,'' NEDC-
33237P-A, Revision 5,
Class III (Proprietary),
and NEDO-33237-A,
Revision 5, Class I (Non-
proprietary), September
2010.
NEDC-33238P, NEDO-33238.......... Global Nuclear Fuel, ML060050328 ML060050330
``GE14 Pressure Drop
Characteristics,'' NEDC-
33238P, Class III
(Proprietary), and NEDO-
33238, Class I (Non-
proprietary), December
2005.
NEDC-33239P-A, NEDO-33239P-A..... Global Nuclear Fuel, ML102800405 ML102800408
``GE14 for ESBWR Nuclear (part 1)
Design Report,'' NEDC- ML102800425
33239P-A, Class III (part 2)
(Proprietary), and NEDO-
33239-A, Class I (Non-
proprietary), Revision
5, October 2010.
NEDC-33240P-A, NEDO-33240-A...... Global Nuclear Fuel, ML102770060 ML102770061
``GE14E Fuel Assembly
Mechanical Design
Report,'' NEDC-33240P-A,
Revision 1, Class III
(Proprietary), and NEDO-
33240-A, Revision 1,
Class I (Non-
proprietary), September
2010.
NEDC-33242P-A, NEDO-33242-A...... Global Nuclear Fuel, ML102730885 ML102730886
``GE14 for ESBWR Fuel
Rod Thermal-Mechanical
Design Report,'' NEDC-
33242P-A, Revision 2,
Class III (Proprietary),
and NEDO-33242-A,
Revision 2, Class I (Non-
proprietary), September
2010.
NEDC-33326P-A, NEDO-33326-A...... Global Nuclear Fuel, ML102740191 ML102740193
``GE14E for ESBWR (part 1)
Initial Core Nuclear ML102740194
Design Report,'' NEDC- (part 2)
33326P-A, Revision 1,
Class III (Proprietary),
and NEDO-33326-A,
Revision 1, Class I (Non-
proprietary), September
2010.

[[Page 25719]]

NEDC-33374P-A, NEDO-33374-A...... GE-Hitachi Nuclear ML102860687 ML102860688
Energy, ``Safety
Analysis Report for Fuel
Storage Racks
Criticality Analysis for
ESBWR Plants,'' NEDC-
33374P-A, Revision 4,
Class III (Proprietary),
September 2010, and NEDO-
33374-A, Revision 4,
Class I (Non-
proprietary), September
2010.
NEDC-33456P, NEDO-33456.......... Global Nuclear Fuel, ML090920867 ML090920868
``Full-Scale Pressure
Drop Testing for a
Simulated GE14E Fuel
Bundle,'' NEDC-33456P,
Class III (Proprietary),
and NEDO-33456, Class I
(Non-proprietary),
Revision 0, March 2009.
NEDE-10958-PA, NEDO-10958-A...... General Electric Company, ML102290144 ML092820214
``General Electric
Thermal Analysis Basis
Data, Correlation and
Design Application,''
NEDE-10958-PA, Class III
(Proprietary), and
``General Electric BWR
Thermal Analysis Basis
(GETAB): Data,
Correlation and Design
Application,'' NEDO-
10958-A, Class I (Non-
proprietary), January
1977.
NEDE-24011-P-A-16, NEDO-24011-A- Global Nuclear Fuel, ML091340077 ML091340081
16. ``GESTAR II General
Electric Standard
Application for Reactor
Fuel,'' NEDE-24011-P-A-
16, Class III
(Proprietary), and NEDO-
24011-A-16, Class I (Non-
proprietary), Revision
16, October 2007.
NEDE-24011-P-A-US-16, NEDO-24011- Global Nuclear Fuel, ML091340080 ML091340082
A-US-16. ``GESTAR II General
Electric Standard
Application for Reactor
Fuel, Supplement for
United States,'' NEDE-
24011-P-A-US-16, Class
III (Proprietary), and
NEDO-24011-A-US-16,
Class I (Non-
proprietary), Revision
16, October 2007.
NEDE-30130-P-A, NEDO-30130-A..... General Electric Company, ML14104A064 ML070400570
``Steady State Nuclear
Methods,'' NEDE-30130-P-
A, Class III
(Proprietary), April
1985, and NEDO-30130-A,
Class I (Non-
proprietary), May 1985.
NEDE-31152P, NEDO-31152.......... Global Nuclear Fuel, ML071510287 ML071510289
``Global Nuclear Fuels
Fuel Bundle Designs,''
NEDE-31152P, Revision 9,
Class III (Proprietary),
May 2007, and NEDO-
33152, Revision 9, Class
I (Non-proprietary), May
2007.
NEDE-32176P, NEDO-32176.......... GE Hitachi Nuclear ML080370271 ML080370276
Energy, J. G. M.
Andersen, et al.,
``TRACG Model
Description,'' NEDE-
32176P, Revision 4,
Class III (Proprietary),
January 2008, and NEDO-
32176, Class I (Non-
proprietary), Revision
4, January 2008.
NEDE-33083 Supplement 1P-A, NEDO- GE Hitachi Nuclear ML102770552 ML102770550
33083 Supplement 1-A. Energy, B.S. Shiralkar,
et al, ``TRACG
Application for ESBWR
Stability Analysis,''
NEDE-33083, Supplement
1P-A, Revision 2, Class
III (Proprietary),
September 2010, and NEDO-
33083, Supplement 1-A,
Revision 2, Class I (Non-
proprietary), September
2010.
NEDE-33083 Supplement 2P-A, NEDO- GE Hitachi Nuclear ML103000353 ML103000355
33083 Supplement 2-A. Energy, ``TRACG
Application for ESBWR
Anticipated Transient
Without Scram
Analyses,'' NEDE-33083,
Supplement 2P-A,
Revision 2, Class III
(Proprietary), October
2010 and NEDO-33083,
Supplement 2-A, Revision
2, Class I (Non-
proprietary), October
2010.
NEDE-33083 Supplement 3P-A, NEDO- GE Hitachi Nuclear ML102770606 ML102770608
33083 Supplement 3-A. Energy, ``TRACG
Application for ESBWR
Transient Analysis,''
NEDE-33083, Supplement
3P-A, Revision 1, Class
III (Proprietary), and
NEDO-33083, Supplement 3-
A, Revision 1, Class I
(Non-proprietary),
September 2010.
NEDE-33197P-A, NEDO-33197-A...... GE Hitachi Nuclear ML102810320 ML102810341
Energy, ``Gamma
Thermometer System for
LPRM Calibration and
Power Shape
Monitoring,'' NEDE-
33197P-A, Revision 3,
Class III (Proprietary),
and NEDO-33197-A,
Revision 3, Class I,
(Non-proprietary),
October 2010.
NEDE-33217P, NEDO-33217.......... GE Hitachi Nuclear ML100480284 ML100480285
Energy, ``ESBWR Man-
Machine Interface System
and Human Factors
Engineering
Implementation Plan,''
NEDE-33217P, Class III
(Proprietary), and NEDO-
33217, Class I (Non-
proprietary), Revision
6, February 2010.
NEDE-33220P, NEDO-33220.......... GE Hitachi Nuclear ML100480209 ML100480202
Energy, ``ESBWR Human
Factors Engineering
Allocation of Function
Implementation Plan,''
NEDE-33220P, Class III
(Proprietary), and NEDO-
33220, Class I (Non-
proprietary), Revision
4, February 2010.
NEDE-33221P, NEDO-33221.......... GE Hitachi Nuclear ML100480212 ML100480213
Energy, ``ESBWR Human
Factors Engineering Task
Analysis Implementation
Plan,'' NEDE-33221P,
Class III (Proprietary),
and NEDO-33221, Class I
(Non-proprietary),
Revision 4, February
2010.
NEDE-33226P, NEDO-33226.......... GE Hitachi Nuclear ML100550837 ML100550844
Energy, ``ESBWR--
Software Management
Program Manual,'' NEDE-
33226P, Class III
(Proprietary), Revision
5, February 2010, and
NEDO-33226, Class I (Non-
proprietary), Revision
5, February 2010.

[[Page 25720]]

NEDE-33243P-A, NEDO-33243-A...... GE Hitachi Nuclear ML102740171 ML102740178
Energy, ``ESBWR Control
Rod Nuclear Design,''
NEDE-33243P-A, Revision
2, Class III
(Proprietary), September
2010, and NEDO-33243- A,
Revision 2, Class I (Non-
proprietary), September
2010.
NEDE-33244P-A, NEDO-33244-A...... GE Hitachi Nuclear ML102770208 ML102770209
Energy, ``ESBWR Marathon
Control Rod Mechanical
Design Report,'' NEDE-
33244P-A, Class III
(Proprietary), Revision
2, September 2010, and
NEDO-33244-A, Revision
2, Class I (Non-
proprietary), September
2010.
NEDE-33245P, NEDO-33245.......... GE Hitachi Nuclear ML100550839 ML100550847
Energy, ``ESBWR--
Software Quality
Assurance Program
Manual,'' NEDE-33245P,
Class III (Proprietary),
Revision 5, February
2010, and NEDO-33245,
Class I (Non-
proprietary), Revision
5, February 2010.
NEDE-33259P-A, NEDO-33259-A...... GE Hitachi Nuclear ML102920241 ML102920248
Energy, ``Reactor
Internals Flow Induced
Vibration Program,''
NEDE-33259P-A, Class III
(Proprietary), Revision
3, October 2010, and
NEDO-33259-A, Class I
(Non-proprietary),
Revision 3, October 2010.
NEDE-33261P, NEDO-33261.......... GE Hitachi Nuclear ML082600720 ML082600721
Energy, ``ESBWR
Containment Load
Definition,'' NEDE-
33261P, Class III
(Proprietary), and NEDO-
33261, Class I (Non-
proprietary), Revision
2, June 2008.
NEDE-33268P, NEDO-33268.......... GE Hitachi Nuclear ML100480179 ML100480180
Energy, ``ESBWR Human
Factors Engineering
Human-System Interface
Design Implementation
Plan,'' NEDE-33268P,
Class III (Proprietary),
and NEDO-33268, Class I
(Non-proprietary),
Revision 5, February
2010.
NEDE-33276P, NEDO-33276.......... GE Hitachi Nuclear ML100480182 ML100480183
Energy, ``ESBWR Human
Factors Engineering
Verification and
Validation
Implementation Plan,''
NEDE-33276P, Class III
(Proprietary), and NEDO-
33276, Class I (Non-
proprietary), Revision
4, February 2010.
NEDE-33295P, NEDO-33295.......... GE Hitachi Nuclear ML102880103 ML102880104
Energy, ``ESBWR Cyber
Security Program Plan,''
NEDE-33295P, Class III
(Proprietary), Revision
2, September 2010, and
NEDO-33295, Class I (Non-
proprietary), Revision
2, September 2010.
NEDE-33304P, NEDO-33304.......... GE Hitachi Nuclear ML101450251 ML101450253
Energy, ``GEH ESBWR
Setpoint Methodology,''
NEDE-33304P, Class III
(Proprietary), and NEDO-
33304, Class I (Non-
proprietary), Revision
4, May 2010.
NEDE-33312P, NEDO-33312.......... GE Hitachi Nuclear ML13344B157 ML13344B163
Energy, ``ESBWR Steam
Dryer Acoustic Load
Definition,'' NEDE-
33312P, Class III
(Proprietary), Revision
5, December 2013, and
NEDO-33312, Class I (Non-
proprietary), Revision
5, December 2013.
NEDE-33313P, NEDO-33313.......... GE Hitachi Nuclear ML13344B158 ML13344B164
Energy, ``ESBWR Steam
Dryer Structural
Evaluation,'' NEDE-
33313P, Class III
(Proprietary), Revision
5, December 2013, and
NEDO-33313, Class I (Non-
proprietary), Revision
5, December 2013.
NEDE-33408P, NEDO-33408.......... GE Hitachi Nuclear ML13344B159 ML13344B176 (part 1)
Energy, ``ESBWR Steam ML13344B175
Dryer--Plant Based Load (part 2)
Evaluation Methodology,
PBLE01 Model
Description,'' NEDE-
33408P, Class III
(Proprietary), Revision
5, December 2013, and
NEDO-33408, Class I (Non-
proprietary), Revision
5, December 2013.
NEDE-33440P, NEDO-33440.......... GE Hitachi Nuclear Energy ML100920316 ML100920317
``ESBWR Safety Analysis- (part 1)
Additional ML100920318
Information,'' NEDE- (part 2)
33440P, Class III
(Proprietary), and NEDO-
33440, Class I (Non-
proprietary), Revision
2, March 2010.
NEDE-33516P-A, NEDO-33516-A...... GE Hitachi Nuclear ML102880499 ML102880500
Energy, ``ESBWR
Qualification Plan
Requirements for a 72-
Hour Duty Cycle
Battery,'' NEDE-33516P-
A, Revision 2, Class III
(Proprietary), September
2010, and NEDO-33516-A,
Revision 2, Class I (Non-
proprietary), September
2010.
NEDE-33536P, NEDO-33536.......... GE Hitachi Nuclear ML102780329 ML102780330
Energy, ``Control
Building and Reactor
Building Environmental
Temperature Analysis for
ESBWR,'' NEDE-33536P,
Class III (Security-
Related and
Proprietary), Revision
1, October 2010, and
NEDO-33536, Class I (Non-
security Related and Non-
proprietary), Revision
1, October 2010.
NEDE-33572P, NEDO-33572.......... GE Hitachi Nuclear ML102740579 ML102740566
Energy, ``ESBWR ICS and
PCCS Condenser
Combustible Gas
Mitigation and
Structural Evaluation,''
NEDE-33572P, Class II
(Proprietary), Revision
3, September 2010, and
NEDO-33572, Revision 3,
Class I (Non-
proprietary), September
2010.

[[Page 25721]]

Letter w/attachment.............. Letter from R. J. Reda ML14093A140 ML14094A240
(GE) to R. C. Jones, Jr.
(NRC), MFN 098-96,
``Implementation of
Improved Steady-State
Nuclear Methods,'' Class
III (Proprietary), July
2, 1996, and Letter from
J. G. Head (GEH) to NRC
Document Control Desk,
MFN 098-96 Supplement 1,
Class I (Non-
proprietary), March 31,
2014.
----------------------------------------------------------------------------------------------------------------
Table 2 Note: Documents whose document number contains ``NEDC'' or ``NEDE'' are non-public and documents whose
document number contains ``NEDO'' are public.

Throughout the development of the ESBWR design certification rule,
the NRC may post additional documents related to this rule, including
public comments, on the Federal rulemaking Web site at https://www.regulations.gov under Docket ID NRC-2010-0135. The Federal
rulemaking Web site allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder (NRC-2010-0135); (2) click the ``Sign up for Email
Alerts'' link; and (3) enter your email address and select how
frequently you would like to receive emails (daily, weekly, or
monthly).
Documents that are not publicly available because they are
considered to be SUNSI or SGI may be available to interested persons
who may wish to comment on the changes associated with the analysis
methodology supporting the ESBWR steam dryer design. Such persons shall
follow the procedures described in Section X of the SUPPLEMENTARY
INFORMATION section of this document in order to obtain access to those
documents.

B. Additional Information on Submitting Comments

General Information
Please include Docket ID NRC-2010-0135 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 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 into ADAMS.
Comments Based Upon a Review of Non-Public Documents Obtained Under the
Procedures in Section X of the SUPPLEMENTARY INFORMATION Section of
This Document
The NRC strongly encourages commenters, submitting comments based
upon a review of non-public documents to which the commenter obtained
access under the procedures in Section X of the SUPPLEMENTARY
INFORMATION section of this document, to avoid submitting comments with
non-public information derived from those non-public documents. In many
cases, effective arguments may be presented by referring to the
location of relevant information in those documents. In other cases, a
summary of the key information in the document, and a reference to the
portion of the document supporting the comment, will provide adequate
basis for the comment without disclosing non-public information.
However, if the comment must include non-public information, the
commenter must submit the comments in accordance with Sec. 2.390 of
Title 10 of the Code of Federal Regulations (10 CFR). The NRC
recommends preparing two versions of your comment submission--one
public and one non-public, and submitting an affidavit with your
comment submission explaining, with specificity, why the information in
your comment submission should be regarded as non-public.
Scope of Comments
The NRC is limiting the scope of the supplemental proposed rule to
two areas, which are further discussed in Section III of the
SUPPLEMENTARY INFORMATION section of this document:
Proposed changes related to the analysis methodology
supporting the ESBWR steam dryer design that were made after the close
of the public comment period for the proposed ESBWR design
certification rule (76 FR 16549; March 24, 2011).
The NRC's proposed clarification of its intent to treat 50
non-public documents referenced in the ESBWR DCD as requirements and
matters resolved in subsequent licensing and enforcement actions for
plants referencing the ESBWR design certification.
The NRC will not address in a final rule any comments submitted
that are outside the scope of this supplemental proposed rule. For
example, comments on Revision 10 of the ESBWR DCD which do not relate
to the changes in the analysis methodology supporting the ESBWR steam
dryer design which were made after the close of the public comment
period for the proposed ESBWR design certification rule, would be
regarded as outside the scope of the commenting opportunity with
respect to the steam dryer analysis methodology.
The NRC notes that some of the documents listed in Tables 1 and 2
in Section I.A of the SUPPLEMENTARY INFORMATION section of this
document contain SUNSI, SGI, or proprietary information and, therefore,
are not publicly available. For each of those non-publicly available
documents, GEH has created a publicly-available version of the
document. If a commenter needs to review the material in a non-publicly
available document in order to submit comments, the commenter should
first review the publicly-available version of the document. If the
commenter determines, after reviewing the publicly-available version,
that access to the non-public document is needed in order to provide
meaningful comments within the scope of comments as previously
described, then the

[[Page 25722]]

commenter should seek access to the non-public document in accordance
with the procedures in Section X of the SUPPLEMENTARY INFORMATION
section of this document.
Late-filed Comments
The NRC will not be obligated to address any comments received
after June 5, 2014, nor will the NRC entertain any requests for
extension of the public comment period unless the commenter is approved
to access SUNSI or SGI as described in Section X of the SUPPLEMENTARY
INFORMATION section of this document, because of the substantial delays
in the ESBWR rulemaking. If a commenter is approved to access SUNSI or
SGI, the public comment period will be extended exclusively for that
commenter, but limited to the matters for which access to SUNSI or SGI
is necessary to make informed comments.

II. Background

ESBWR Design Certification and March 2011 Proposed Rule

Subpart B of 10 CFR part 52 sets forth the process for obtaining
standard design certifications. On August 24, 2005 (70 FR 56745;
September 28, 2005), in accordance with subpart B of 10 CFR part 52,
GEH submitted its application for certification of the ESBWR standard
plant design to the NRC. The NRC formally accepted the application as a
docketed application for design certification (Docket No. 52-010) on
December 1, 2005 (70 FR 73311; December 9, 2005). The pre-application
information submitted before the NRC formally accepted the application
can be found in ADAMS under Docket No. PROJ0717 (Project No. 717).
The application for design certification of the ESBWR design has
been referenced in the following combined license (COL) applications as
of the date of this document: (1) Detroit Edison Company, Fermi Unit 3,
Docket No. 52-033 (73 FR 73350; December 2, 2008); (2) Dominion
Virginia Power, North Anna Unit 3, Docket No. 52-017 (73 FR 6528;
February 4, 2008); (3) Entergy Operations, Inc., Grand Gulf Unit 3,
Docket No. 52-024 (73 FR 22180; April 24, 2008) (APPLICATION
SUSPENDED); (4) Entergy Operations, Inc., River Bend Unit 3, Docket No.
52-036 (73 FR 75141; December 10, 2008) (APPLICATION SUSPENDED); and
(5) Exelon Nuclear Texas Holdings, LLC, Victoria County Station Units 1
and 2, Docket Nos. 52-31 and 52-032 (73 FR 66059; November 6, 2008)
(APPLICATION WITHDRAWN).
On March 24, 2011 (76 FR 16549), the NRC published a proposed rule
that would certify the ESBWR design in the Commission's regulations.
The public comment period closed on June 7, 2011. The NRC received six
comment submissions from members of the public. In addition, on
September 9, 2011, the Commission issued a Memorandum and Order, CLI-
11-05, 74 NRC 141, referring these comment submissions to the NRC staff
for consideration as comments on the proposed ESBWR design
certification rule. Id. at 176.

Issues on the Analytical Methodology for Design of the ESBWR Steam
Dryer

Following the close of the public comment period on the proposed
ESBWR design certification rule, the NRC staff identified issues
applicable to the ESBWR steam dryer structural analysis. These issues
were the result of NRC consideration of information obtained during the
NRC's review of a license amendment request for a power uprate at an
operating boiling-waterreactor (BWR) nuclear power plant. As this BWR
power uprate used the same methodology for steam dryer analysis as was
being proposed for the ESBWR, the NRC staff needed to resolve these
issues before moving forward with the ESBWR design. The NRC informed
GEH by letter dated January 19, 2012 (ADAMS Accession No. ML120170304),
that it identified issues ``relevant to the conclusions in its Final
Safety Evaluation Report (FSER) [ADAMS Accession No. ML103070392]
issued in support of the ESBWR [design certification] rulemaking.
Specifically, errors have been identified in the benchmarking GEH used
as a basis for determining fluctuating pressure loads on the steam
dryer, and errors have been identified in a number of GEH's modeling
parameters. These errors may affect the conclusions in the staff's FSER
and need to be addressed before we complete the ESBWR [design
certification].'' Consequently, the NRC staff informed GEH that the
rulemaking was on hold until the errors were adequately addressed.
In March 2012, the NRC staff conducted an audit of the GEH steam
dryer analysis methodology at the GEH facility in Wilmington, North
Carolina. In addition, in April 2012, the NRC staff performed a vendor
inspection at that facility of the quality assurance program for GEH
engineering methods. As a result of the audit and inspection, the NRC
staff submitted requests for additional information (RAIs) to support a
supplemental FSER. In addressing these RAIs, GEH made a number of
significant changes in Revision 10 to the ESBWR DCD and in the
supporting documentation. Those changes did not result in modifications
to the overall design of the steam dryer but did result in replacing
relevant sections in the DCD, withdrawing referenced licensing topical
reports (LTRs) and replacing them with new engineering reports,
designating the new engineering reports as Tier 2* information, and
adding new Inspections, Tests, Analyses, and Acceptance Criteria
(ITAAC). References to publicly-available documents associated with the
development of the supplemental FSER, including RAIs and responses,
public meeting notices and summaries, etc., are listed in the NRC's
supplemental FSER (ADAMS Accession No. ML14043A134). Because these
changes to the ESBWR steam dryer description in the DCD and supporting
documentation occurred after the close of the public comment
opportunity on the proposed ESBWR design certification rule, the NRC is
publishing this supplemental proposed rule to provide an opportunity
for public comment on these changes.
The NRC notes that GEH made several other changes in Revision 10 to
the ESBWR DCD which are not related to the ESBWR steam dryer analysis
methodology. The NRC is not providing an opportunity for public
comments on these other changes, and the NRC will explain in a final
ESBWR design certification rule why these additional ESBWR DCD changes
did not require a supplemental comment opportunity. The NRC will not be
obligated to provide responses to any comments submitted in this
supplemental comment opportunity which address matters unrelated to the
changes to the ESBWR steam dryer analysis methodology.

III. Discussion

This section describes the changes that the NRC made to the
proposed ESBWR design certification rule text and the changes GEH made
to the analysis methodology supporting the ESBWR steam dryer design. A
more detailed description of the changes to the analysis methodology
and compliance with the NRC's regulations can be found in the NRC's
supplemental FSER. This section also clarifies the NRC's intention that
50 non-public documents referenced in the ESBWR DCD are considered to
be requirements and matters resolved under paragraph VI, ISSUE
RESOLUTION, of the ESBWR design certification rule. This section also
clarifies which documents would contain binding requirements for the
ESBWR design and the NRC's intention

[[Page 25723]]

to clarify in the final ESBWR design certification rule that these
documents would be incorporated by reference.

A. ESBWR Steam Dryer Design

1. Correction of Information Related to the Steam Dryer Design
Following the issuance of the FSER for the ESBWR design
certification on March 9, 2011, the NRC staff identified issues
applicable to the ESBWR steam dryer structural analysis based on
information obtained during the NRC's review of a license amendment
request for a power uprate at an operating BWR nuclear power plant.
Consequently, the NRC staff communicated to GEH that it was concerned
that the basis for its FSER on the ESBWR DCD and the safety evaluation
reports on these topical reports was no longer valid. Specifically,
errors were identified in the benchmarking GEH used as a basis for
determining fluctuating pressure loading on the steam dryer, and errors
were identified in a number of GEH's modeling parameters. The NRC staff
subsequently issued RAIs and held multiple public meetings to identify
issues and clarify the steam dryer analysis methodology. The NRC staff
also conducted an audit of the GEH steam dryer analysis methodology at
the GEH facility in Wilmington, North Carolina, in March 2012, and a
vendor inspection at that facility of the quality assurance program for
GEH engineering methods in April 2012.
To document the resolution of those issues, GEH revised the ESBWR
DCD by removing references to the LTRs which address the ESBWR steam
dryer structural evaluation and to reference new engineering reports
that describe the updated ESBWR steam dryer analysis methodology. The
following four LTRs were removed by GEH (public and proprietary
versions cited):
NEDE-33313 and NEDE-33313P, ``ESBWR Steam Dryer Structural
Evaluation,'' all revisions;
NEDE-33312 and NEDE-33312P, ``ESBWR Steam Dryer Acoustic
Load Definition,'' all revisions;
NEDC-33408 and NEDC-33408P, ``ESBWR Steam Dryer-Plant
Based Load Evaluation Methodology,'' all revisions; and
NEDC-33408, Supplement 1, and NEDC-33408P, Supplement 1,
``ESBWR Steam Dryer--Plant Based Load Evaluation Methodology Supplement
1,'' all revisions.
To replace the information formerly provided by the four LTRs, GEH
revised the ESBWR DCD to reference three new engineering reports
(public and proprietary versions cited):
NEDO-33312 and NEDE-33312P, Rev. 5, December 2013, ``ESBWR
Steam Dryer Acoustic Load Definition;''
NEDO-33408 and NEDE-33408P, Rev. 5, December 2013, ``ESBWR
Steam Dryer--Plant Based Load Evaluation Methodology--PBLE01 Model
Description;'' and
NEDO-33313 and NEDE-33313P, Rev. 5, December 2013, ``ESBWR
Steam Dryer Structural Evaluation.''
The following DCD sections were revised by GEH to correct errors
and provide additional information related to the design and evaluation
of the structural integrity of the ESBWR reactors pressure vessel
internals related to the steam dryer:
Tier 1, Chapter 2, Section 2.1, ``Nuclear Steam Supply;''
Tier 1, Chapter 2, Section 2.1.1, ``Reactor Pressure
Vessel and Internals;''
Tier 2, Chapter 1, Tables 1.6-1, 1.9-21, and 1D-1;
Tier 2, Chapter 3, Section 3.9.2, ``Dynamic Testing and
Analysis of Systems, Components and Equipment;''
Tier 2, Chapter 3, Section 3.9.5, ``Reactor Pressure
Vessel Internals;''
Tier 2, Chapter 3, Section 3.9.9, ``COL Information;''
Tier 2, Chapter 3, Section 3.9.10, ``References;'' and
Tier 2, Chapter 3, Appendix 3L, ``Reactor Internals Flow
Induced Vibration Program.''
The revisions to these documents enhance the detailed design and
evaluation process related to the structural integrity of the steam
dryer in several ways. For example, the source of data used to
benchmark the analysis methodology was changed in Revision 10 to the
ESBWR DCD to a different operating nuclear power plant for which the
NRC recently authorized an extended power uprate. In addition, the
details of the design methodology were made more restrictive in several
respects, including limiting the analysis method for fillet welds and
using more conservative data and assumptions. The changes also
designate additional information as Tier 2* and clarify regulatory
process steps for completing the detailed design and startup testing of
the ESBWR steam dryer, including COL information items to be satisfied
by a COL applicant, ITAAC to be met by a COL licensee, and model
license conditions that can be proposed by a COL applicant. References
to the relevant documents associated with the changes made to the steam
dryer analysis methodology are listed in Section I.A of the
SUPPLEMENTARY INFORMATION section of this document.
The NRC staff has reviewed the revised ESBWR DCD sections, new GEH
engineering reports, and RAI responses and prepared a supplemental
FSER. The supplemental FSER concludes that Revision 10 to the ESBWR DCD
and the referenced engineering reports provide sufficient information
to support the adequacy of the design basis for the ESBWR reactor
internals. The supplemental FSER also concludes that the design process
for reactor internals is acceptable and meets the requirements of 10
CFR part 50, appendix A, General Design Criteria 1, 2, 4, and 10; 10
CFR 50.55a; and 10 CFR part 52. Finally, the supplemental FSER
concludes that the ESBWR design documentation in Revision 10 to the
ESBWR DCD is acceptable and that GEH's application for design
certification meets the requirements of 10 CFR part 52, subpart B, that
are applicable and technically relevant to the ESBWR standard plant
design. The NRC concludes, based on the review of application materials
in the March 2011 FSER and the supplemental FSER, that the ESBWR steam
dryer design meets all applicable NRC requirements and can be
incorporated by reference in a combined license application.
This supplemental proposed rule provides an opportunity to comment
on the proposed changes related to the analysis methodology supporting
the ESBWR steam dryer design. Documents relevant to the proposed
changes related to the analysis methodology supporting the ESBWR steam
dryer design are listed in Table 1, Section I.A of the SUPPLEMENTARY
INFORMATION section of this document. The NRC notes that three of these
documents are also listed in Table 2. These three non-publicly
available documents--addressing the ESBWR steam dryer analysis
methodology--are intended by the NRC to be requirements and matters
resolved under Paragraph VI, ISSUE RESOLUTION, of the proposed ESBWR
design certification rule. The status of the non-public documents
identified in Table 2 as requirements and matters resolved is discussed
in Section III.B of the SUPPLEMENTARY INFORMATION section of this
document.

2. Designation of Revised Steam Dryer Analysis Methodology as Tier 2*

The NRC proposes to designate the revised ESBWR steam dryer
analysis methodology as Tier 2* information throughout the life of any
license referencing the ESBWR design certification rule. This is a
change from Revision 9 of the ESBWR DCD, which identified much of this
information (in its earlier form before the revisions reflected in
Revision 10) as Tier 2. Therefore, the ESBWR steam dryer

[[Page 25724]]

analysis methodology was not identified as Tier 2* information in the
proposed ESBWR design certification rule under paragraph VIII.B.6.b of
appendix E of 10 CFR part 52. References to the DCD are listed in Table
1, Section I.A of the SUPPLEMENTARY INFORMATION section of this
document.
In this supplemental proposed rule, the NRC is proposing to
designate the revised ESBWR steam dryer analysis methodology as Tier 2*
for two reasons. First, as described in Section III.A.1 of the
SUPPLEMENTARY INFORMATION section of this document, the NRC's
experience with other applications using this methodology highlighted
the importance of the proper application of the steam dryer analysis
methodology. Therefore, the NRC believes that it is necessary to review
any changes a referencing applicant or licensee proposes to the
methodology from that which the NRC previously reviewed and approved.
Second, in Revision 10 of the ESBWR DCD, GEH revised the designation of
this methodology to Tier 2* and, therefore, the rule's designation
would be consistent with the GEH's designation in the DCD.
This supplemental proposed rule provides an opportunity to comment
on the proposed designation as Tier 2* of certain information related
to the analysis methodology supporting the ESBWR steam dryer design.
Documents relevant to the proposed designation as Tier 2* of certain
information related to the analysis methodology supporting the ESBWR
steam dryer design are also listed in Table 1, Section I.A of the
SUPPLEMENTARY INFORMATION section of this document.

B. Clarification of 50 Non-Public Documents Which the NRC Regards as
Requirements and Are Matters Resolved Under Paragraph VI, ISSUE
RESOLUTION, of the ESBWR Design Certification Rule

In Tier 2, Section 1.6 of Revision 9 of the ESBWR DCD, GEH stated
that a number of referenced documents are incorporated by reference, in
whole or in part, in the ESBWR DCD Tier 2. Accordingly, the NRC
questioned whether these documents contain binding requirements and
whether they should also be incorporated by reference in the ESBWR
design certification rule. The NRC reviewed these document references
and determined that, while many of these documents do contain binding
requirements and should be incorporated by reference, some of those
documents do not contain binding requirements and therefore should be
considered as references only.
To address the NRC's concerns, GEH revised Section 1.6 of Revision
10 of the ESBWR DCD to clearly identify documents containing
requirements, and which documents are references which do not contain
binding requirements. Table 1.6-1 of the DCD lists the GE and GEH
documents which the NRC regards as requirements for the ESBWR design,
and are, therefore, incorporated by reference into the ESBWR DCD. Table
1.6-2 of the DCD lists the non-GE and non-GEH documents which the NRC
regards as requirements for the ESBWR design, and are, therefore,
incorporated by reference into the ESBWR DCD. The NRC notes that GEH's
incorporation by reference of the documents in Tables 1.6-1 and 1.6-2
into the ESBWR DCD is not the same as the Director of the Office of the
Federal Register's approval of incorporation by reference under 1 CFR
part 51. Table 1.6-3 of the DCD lists information which is general
reference material and which the NRC does not consider to be a
requirement of the ESBWR design certification rule. The documents in
Table 1.6-3 of the DCD are not incorporated by reference into the ESBWR
DCD by GEH, and the NRC does not intend to obtain approval from the
Director of the Office of the Federal Register for incorporation by
reference of the documents in Table 1.6-3 of the DCD.
The NRC also notes that many of these documents containing
requirements also contain either SUNSI (proprietary information, and
security-related information subject to non-disclosure under 10 CFR
2.390(a)(7)(vi)) or SGI. For each of these documents containing SUNSI
or SGI there is a corresponding, publicly-available version. In this
supplemental proposed rule, the NRC is clarifying that the NRC intends
the 50 non-public documents in Table 2 of Section I.A of the
SUPPLEMENTARY INFORMATION section of this document to be both
requirements and matters resolved under paragraph VI, ISSUE RESOLUTION,
of the ESBWR design certification rule.

C. Clarification of 20 Publicly-Available Documents Which the NRC
Regards As Requirements and Are Matters Resolved Under Paragraph VI,
ISSUE RESOLUTION, of the ESBWR Design Certification Rule

In Section III of the proposed ESBWR design certification rule
(proposed appendix E to 10 CFR part 52), the NRC proposed that Revision
9 of the ESBWR DCD be the sole document which would be incorporated by
reference, as a binding requirement, into the Commission's regulations
for the ESBWR design certification. However, as previously described,
after the proposed rule was issued and the public comment period had
expired, the NRC determined that 20 documents listed in Table 1.6-1 of
Revision 9 to the ESBWR DCD, publicly available in their entirety, were
regarded by the NRC as requirements and matters resolved under
Paragraph VI, ISSUE RESOLUTION, of the proposed ESBWR design
certification rule. However, the NRC did not clearly identify in
proposed paragraph III.A of the proposed ESBWR design certification
rule identifying these publicly-available documents as approved by the
Director of the Office of the Federal Register for incorporation by
reference. The NRC is clarifying that it intends to obtain approval for
incorporation by reference from the Director of the Office of the
Federal Register under 1 CFR 51.9 for the 20 documents listed in Table
3 of Section III.C of the SUPPLEMENTARY INFORMATION section of this
document.

Table 3--20 Publicly-Available Documents to be Approved for
Incorporation by Reference Into the ESBWR Design Certification Rule (10
CFR part 52, appendix E) by the Director of the Office of the Federal
Register.
------------------------------------------------------------------------
Document No. Document title ADAMS accession No.
------------------------------------------------------------------------
BC-TOP-3-A.................. Bechtel, ``Tornado ML14093A218
and Extreme Wind
Design Criteria for
Nuclear Power
Plants,'' Topical
Report BC-TOP-3-A,
Revision 3, August
1974.
BC-TOP-9A................... Bechtel, ``Design of ML14093A217
Structures for
Missile Impact,''
Topical Report BC-
TOP-9A, Revision 2,
September 1974.
GEZ-4982A................... General Electric ML14093A215
Large Steam Turbine
Generator Quality
Control Program,
GEZ-4982A, Revision
1.2, February 7,
2006.

[[Page 25725]]

NEDO-11209-04A.............. GE Nuclear Energy, ML14093A209
``GE Nuclear Energy
Quality Assurance
Program
Description,''
Class I (Non-
proprietary), NEDO-
11209-04A, Revision
8, March 31, 1989.
NEDO-31960-A................ GE Nuclear Energy, ML14093A212
``BWR Owners' Group
Long-Term Stability
Solutions Licensing
Methodology,'' NEDO-
31960-A, November
1995.
NEDO-31960-A Supplement 1... GE Nuclear Energy, ML14093A211
``BWR Owners' Group
Long-Term Stability
Solutions Licensing
Methodology,'' NEDO-
31960-A, Supplement
1, Class I (Non-
proprietary),
November 1995.
NEDO-32465-A................ GE Nuclear Energy ML14093A210
and BWR Owners'
Group, ``Reactor
Stability Detect
and Suppress
Solutions Licensing
Basis Methodology
for Reload
Applications,''
NEDO-32465-A, Class
I (Non-
proprietary),
August 1996.
NEDO-33181.................. GE Hitachi Nuclear ML100110150
Energy, ``NP-2010
COL Demonstration
Project Quality
Assurance
Program,'' NEDO-
33181, Revision 6,
August 2009.
NEDO-33219.................. GE Hitachi Nuclear ML100350104
Energy, ``ESBWR
Human Factors
Engineering
Functional
Requirements
Analysis
Implementation
Plan,'' NEDO-33219,
Class I (Non-
proprietary),
Revision 4,
February 2010.
NEDO-33260.................. GE Hitachi Nuclear ML100110150
Energy, ``Quality
Assurance
Requirements for
Suppliers of
Equipment and
Services to the GEH
ESBWR Project,''
NEDO-33260,
Revision 5, April
2008.
NEDO-33262.................. GE Hitachi Nuclear ML100340030
Energy, ``ESBWR
Human Factors
Engineering
Operating
Experience Review
Implementation
Plan,'' NEDO-33262,
Class I (Non-
proprietary),
Revision 3, January
2010.
NEDO-33266.................. GE Hitachi Nuclear ML100350167
Energy, ``ESBWR
Human Factors
Engineering
Staffing and
Qualifications
Implementation
Plan,'' NEDO-33266,
Class I (Non-
proprietary),
Revision 3, January
2010.
NEDO-33267.................. GE Hitachi Nuclear ML100330609
Energy, ``ESBWR
Human Factors
Engineering Human
Reliability
Analysis
Implementation
Plan,'' NEDO-33267,
Class I (Non-
proprietary),
Revision 4, January
2010.
NEDO-33277.................. GE Hitachi Nuclear ML100270770
Energy, ``ESBWR
Human Factors
Engineering Human
Performance
Monitoring
Implementation
Plan,'' NEDO-33277,
Class I (Non-
proprietary),
Revision 4, January
2010.
NEDO-33278.................. GE Hitachi Nuclear ML100270468
Energy, ``ESBWR
Human Factors
Engineering Design
Implementation
Plan,'' NEDO-33278,
Class I (Non-
proprietary),
Revision 4, January
2010.
NEDO-33289.................. GE Hitachi Nuclear ML100110150
Energy, ``ESBWR
Reliability
Assurance
Program,'' NEDO-
33289, Class I (Non-
proprietary),
Revision 2,
September 2008.
NEDO-33337.................. GE Hitachi Nuclear ML091130628
Energy, ``ESBWR
Initial Core
Transient
Analyses,'' NEDO-
33337, Class I (Non-
proprietary),
Revision 1, April
2009.
NEDO-33338.................. GE Hitachi Nuclear ML091380173
Energy, ``ESBWR
Feedwater
Temperature
Operating Domain
Transient and
Accident
Analysis,'' NEDO-
33338, Class I (Non-
proprietary),
Revision 1, May
2009.
NEDO-33373-A................ GE-Hitachi Nuclear ML102990226
Energy, ``Dynamic, (part 1)
Load-Drop, and ML102990228
Thermal-Hydraulic (part 2)
Analyses for ESBWR
Fuel Racks,'' NEDO-
33373-A, Revision
5, Class I (Non-
proprietary),
October 2010.
NEDO-33411.................. GE Hitachi Nuclear ML100610417
Energy, ``Risk
Significance of
Structures, Systems
and Components for
the Design Phase of
the ESBWR,'' NEDO-
33411, Class I (Non-
proprietary),
Revision 2,
February 2010.
------------------------------------------------------------------------

The NRC would obtain approval from the Director of the Office of
the Federal Register for incorporation by reference of these documents
before the NRC issues a final rule for the ESBWR design certification.
Consistent with the Office of the Federal Register's requirements, the
NRC would, in the final rule, correct paragraph III.A of appendix E to
10 CFR part 52 by identifying in a table all of the publicly-available
documents which are approved for incorporation by reference by the
Director of the Office of the Federal Register. Therefore, these
documents would be regarded as legally-binding requirements by virtue
of publication in the Federal Register of the Director of the Office of
the Federal Register's approval of incorporation by reference.
The NRC is not requesting public comment in this supplemental
proposed rule on the additional documents (i.e., those other than as
described in Section I of the SUPPLEMENTARY INFORMATION section of this
document) that would be incorporated by reference in this rulemaking.
The NRC will explain in a final ESBWR design certification rule why the
changes to paragraph III.A, reflecting the Director of the Office of
the Federal Register's approval for incorporation by reference of these
20 additional documents, did not require a supplemental comment
opportunity.

IV. Section-by-Section Analysis

The following section-by-section analysis discusses two proposed
revisions to the NRC's regulations that were not part of the proposed
ESBWR design certification rule published on March 24, 2011 (76 FR
16549), which address the changes related to the analysis methodology
supporting the ESBWR steam dryer design that were made after the close
of the public comment period for the proposed

[[Page 25726]]

ESBWR design certification rule. No section-by-section analysis is
provided for the NRC's proposed clarification of its intent to treat 50
referenced documents within the ESBWR DCD as requirements and matters
resolved in subsequent licensing and enforcement actions for plants
referencing the ESBWR design certification. This is because the NRC's
proposed clarification does not require any change to the revision to
the language of the proposed ESBWR design certification rule which was
previously published for public comment, other than the revision of the
ESBWR DCD from Revision 9 to Revision 10, which includes clarifying
changes in Section 1.6 of the ESBWR DCD (described in Section III.B of
the SUPPLEMENTARY INFORMATION section of this document).

Appendix E, Paragraph III.A

This paragraph identifies the version of the ESBWR DCD which is
approved for incorporation by reference by the Director of the Office
of the Federal Register, and therefore is considered to be a legally-
binding regulation by virtue of the rulemaking process. In this
supplemental proposed rule, the NRC proposes to revise this paragraph
to update the generic DCD revision number from Revision 9 to 10,
provide the ADAMS accession number for Revision 10 of the DCD, and
update the name and address of the GEH contact from whom a member of
the public could obtain copies of the generic DCD. In addition,
editorial changes were made in this paragraph to improve clarity.

Appendix E, Paragraph VIII.B.6.b

This paragraph identifies Tier 2* information which retains that
status throughout the duration of a license referencing the ESBWR
design certification rule. In this supplemental proposed rule, the NRC
proposes to add the ESBWR steam dryer analysis methodology to paragraph
VIII.B.6.b.(8). As a result, this methodology would be designated as
Tier 2* and that status would continue throughout the duration of a
license referencing this appendix. A licensee referencing this appendix
would be subject to the change controls as specified in paragraph
VIII.B.6.b with respect to the ESBWR steam dryer analysis methodology.

V. Plain Writing

The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31883). The NRC requests comment on the supplemental proposed rule with
respect to the clarity and effectiveness of the language used.

VI. Environmental Impact: Finding of No Significant Environmental
Impact: Availability

In the proposed ESBWR design certification rule published on March
24, 2011, the NRC made available for public comment a draft
Environmental Assessment (ADAMS Accession No. ML102220247) for the
ESBWR design addressing various design alternatives to prevent and
mitigate severe accidents. This supplemental proposed rule does not
materially change the ESBWR design nor does it affect the NRC's prior
evaluation of design alternatives to prevent and mitigate severe
accidents. Therefore, the NRC has not prepared a supplemental
environmental assessment for this supplemental proposed rule, nor is
the NRC seeking additional public comment on the environmental
assessment already prepared to support the proposed ESBWR design
certification rule.

VII. Paperwork Reduction Act

The proposed ESBWR design certification rule, published on March
24, 2011, contains new or amended information collection requirements
that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq) (PRA). The proposed rule was submitted to the Office of
Management and Budget (OMB) for review and approval of the information
collection requirements under clearance number 3150-0151. Public
comments regarding the information collection requirements were
requested in conjunction with the proposed rule.
This supplemental proposed rule does not contain any new or amended
information collection requirements not already identified in the March
24, 2011, proposed rule and, therefore, is not subject to the
requirements of the PRA. As a result, the supplemental proposed rule
will not be submitted to OMB for approval. Further, the NRC is not
seeking further public comment on the potential impact of the
information collections contained in or the issues outlined in the PRA
section of the ESBWR design certification proposed rule.

Public Protection Notification

The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
OMB control number.

VIII. Regulatory Analysis

The NRC has not prepared a regulatory analysis for this
supplemental proposed rule. As discussed in the proposed ESBWR design
certification rule, the NRC does not prepare regulatory analyses for
design certification rulemakings. This supplemental proposed rule does
not materially change the regulatory nature of this design
certification rulemaking. Accordingly, the Commission concludes that
preparation of a regulatory analysis for this supplemental proposed
rule to certify the ESBWR standard plant design is neither required nor
appropriate.

IX. Backfitting and Issue Finality

The NRC has determined that this supplemental proposed rule does
not constitute backfitting as defined in the backfit rule under 10 CFR
50.109, nor is it inconsistent with any of the finality provisions for
design certifications under 10 CFR 52.63. This design certification
does not impose new or changed requirements on existing 10 CFR part 50
licensees, nor does it impose new or changed requirements on existing
design certification rules in appendices A through D to 10 CFR part 52.
Therefore, a backfit analysis was not prepared for this supplemental
proposed rule.

X. Procedures for Access to Sensitive Unclassified Non-Safeguards
Information (Including Proprietary Information) and Safeguards
Information for Preparation of Comments on the Supplemental Proposed
ESBWR Design Certification Rule

This section contains instructions regarding how interested persons
who wish to comment on the proposed design certification, with respect
to any of the 50 non-publicly available documents (including the three
documents addressing the analysis methodology supporting the ESBWR
steam dryer design), may request access to those documents in order to
prepare their comments within the scope of this supplemental proposed
rule. These documents, which are listed in Table 2 of Section I.A of
the SUPPLEMENTARY INFORMATION section of this document, contain SUNSI
(including proprietary information \2\ and security-related

[[Page 25727]]

information \3\) and, in one case, SGI. Requirements for access to SGI
are primarily set forth in 10 CFR parts 2 and 73. This document
provides information specific to this supplemental proposed rule;
however, nothing in this document is intended to conflict with the SGI
regulations.
---------------------------------------------------------------------------

\2\ For purposes of this discussion, ``proprietary information''
constitutes trade secrets or commercial or financial information
that are privileged or confidential, as those terms are used under
the Freedom of Information Act and the NRC's implementing regulation
at 10 CFR part 9.
\3\ For purposes of this discussion, ``security-related
information'' means information subject to non-disclosure under 10
CFR 2.390(a)(7)(vi).
---------------------------------------------------------------------------

Interested persons who desire access to SUNSI information on the
ESBWR design constituting proprietary information should first request
access to that information from GEH, the design certification
applicant. A request for access should be submitted to the NRC if the
applicant does not either grant or deny access by the 10-day deadline
described in the following section.
One of the 50 non-publicly available documents in Table 2, NEDE-
33536P, contains proprietary information and security-related
information. Another of the non-publicly available documents in Table
2, NEDE-33391, contains proprietary information, security-related
information, and SGI. If you need access to proprietary information in
one or both of these two documents in order to develop comments within
the scope of this supplemental proposed rule, then your request for
access should first be submitted to GEH in accordance with the previous
paragraph. By contrast, if you need access to the security-related
information and/or SGI in one or both of those documents in order to
provide comments within the scope of this supplemental proposed rule,
then your request for access to the security-related information and/or
SGI must be submitted to the NRC as described further in this section.
Therefore, if you need access to proprietary information as well as
security-related information and/or SGI in one or both of those
documents, then you should pursue access to the information in separate
requests submitted to GEH and the NRC.

Submitting a Request to the NRC for Access

Within 10 days after publication of this supplemental proposed
rule, any individual or entity who, in order to submit comments on the
supplemental proposed ESBWR design certification rule, believes access
to information in this rulemaking docket that the NRC has categorized
as SUNSI or SGI is necessary may request access to such information.
Requests for access to SUNSI or SGI submitted more than 10 days after
publication of this document will not be considered absent a showing of
good cause for the late filing explaining why the request could not
have been filed earlier.
The individual or entity requesting access to the information
(hereinafter, the ``requester'') shall submit a letter requesting
permission to access SUNSI and/or SGI to the Office of the Secretary,
U.S. Nuclear Regulatory Commission, Attention: Rulemakings and
Adjudications Staff, Washington, DC 20555-0001. The expedited delivery
or courier mail address is: Office of the Secretary, U.S. Nuclear
Regulatory Commission, Attention: Rulemakings and Adjudications Staff,
11555 Rockville Pike, Rockville, Maryland 20852. The email address for
the Office of the Secretary is rulemaking.comments@nrc.gov. The
requester must send a copy of the request to the design certification
applicant at the same time as the original transmission to the NRC
using the same method of transmission. Requests to the applicant must
be sent to Jerald G. Head, Senior Vice President, Regulatory Affairs,
GE-Hitachi Nuclear Energy, 3901 Castle Hayne Road, MC A-18, Wilmington,
North Carolina 28401, email: jerald.head@ge.com. For purposes of
complying with this requirement, a ``request'' includes all the
information required to be submitted to the NRC as set forth in this
section.
The request must include the following information:
1. The name of this design certification, ESBWR Design
Certification; the rulemaking identification number, RIN 3150-AI85; the
rulemaking docket number, NRC-2010-0135; and a Federal Register
citation to this supplemental proposed rule at the top of the first
page of the request.
2. The name, address, email or FAX number of the requester. If the
requester is an entity, the name of the individual(s) to whom access is
to be provided, then the address and email or FAX number for each
individual, and a statement of the authority granted by the entity to
each individual to review the information and to prepare comments on
behalf of the entity must be provided. If the requester is relying upon
another individual to evaluate the requested SUNSI and/or SGI and
prepare comments, then the name, affiliation, address and email or FAX
number for that individual must be provided.
3.a. If the request is for SUNSI, the requester's need for the
information in order to prepare meaningful comments on the supplemental
proposed design certification must be demonstrated. Each of the
following areas must be addressed with specificity:
i. The specific issue or subject matter on which the requester
wishes to comment;
ii. An explanation why information which is publicly available,
including the publicly-available versions of the application and design
control document, and information on the NRC's docket for the design
certification application is insufficient to provide the basis for
developing meaningful comment on the supplemental proposed ESBWR design
certification rule with respect to the issue or subject matter
described in paragraph 3.a.i. of this section; and
iii. Information demonstrating that the individual to whom access
is to be provided has the technical competence (demonstrable knowledge,
skill, experience, education, training, or certification) to understand
and use (or evaluate) the requested information for a meaningful
comment on the supplemental proposed ESBWR design certification rule
with respect to the issue or subject matter described in paragraph
3.a.i. of this section.
b. If the request is for SUNSI constituting proprietary
information, then a chronology and discussion of the requester's
attempts to obtain the information from the design certification
applicant, and the final communication from the requester to the
applicant and the applicant's response with respect to the request for
access to proprietary information must be submitted.
4. Based on an evaluation of the information submitted under
paragraph 3 of this section, the NRC staff will determine within 10
days of receipt of the written access request whether the requester has
established a legitimate need for SUNSI access.
4.a. If the request is for SGI, then the requester's ``need to
know'' the SGI as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1) must
be demonstrated. Consistent with the definition of ``need to know'' as
stated in 10 CFR 73.2 and 10 CFR 73.22(b)(1), each of the following
areas must be addressed with specificity:
i. The specific issue or subject matter on which the requester
wishes to comment;
ii. An explanation why information which is publicly available,
including the publicly-available versions of the application and design
control document, and information on the NRC's docket for the design
certification

[[Page 25728]]

application is insufficient to provide the basis for developing
meaningful comment on the proposed design certification with respect to
the issue or subject matter described in paragraph 4.a.i. of this
section, and that the SGI requested is indispensable in order to
develop meaningful comments; \4\ and
---------------------------------------------------------------------------

\4\ Broad SGI requests under these procedures are unlikely to
meet the standard for need to know. Furthermore, NRC staff redaction
of information from requested documents before their release may be
appropriate to comport with this requirement. The procedures in this
notice of proposed rulemaking do not authorize unrestricted
disclosure or less scrutiny of a requester's need to know than
ordinarily would be applied in connection with either adjudicatory
or non-adjudicatory access to SGI.
---------------------------------------------------------------------------

iii. Information demonstrating that the individual to whom access
is to be provided has the technical competence (demonstrable knowledge,
skill, experience, education, training, or certification) to understand
and use (or evaluate) the requested SGI, in order to develop meaningful
comments on the proposed design certification with respect to the issue
or subject matter described in paragraph 4.a.i. of this section.
b. A completed Form SF-85, ``Questionnaire for Non-Sensitive
Positions,'' must be submitted for each individual who would have
access to SGI. The completed Form SF-85 will be used by the NRC's
Office of Administration to conduct the background check required for
access to SGI, as required by 10 CFR part 2, subpart G, and 10 CFR
73.22(b)(2) to determine the requester's trustworthiness and
reliability. For security reasons, Form SF-85 can only be submitted
electronically through the electronic Questionnaire for Investigations
Processing (e-QIP) Web site, a secure Web site that is owned and
operated by the Office of Personnel Management. To obtain online access
to the form, the requester should contact the NRC's Office of
Administration at 301-415-7000.\5\
---------------------------------------------------------------------------

\5\ The requester will be asked to provide his or her full name,
social security number, date and place of birth, telephone number,
and email address. After providing this information, the requester
usually should be able to obtain access to the online form within
one business day.
---------------------------------------------------------------------------

c. A completed Form FD-258 (fingerprint card), signed in original
ink, and submitted under 10 CFR 73.57(d). Copies of Form FD-258 may be
obtained by writing the Office of Information Services, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; by calling 301-415-
3710 or 301-492-7311; or by email to Forms.Resource@nrc.gov. The
fingerprint card will be used to satisfy the requirements of 10 CFR
part 2, 10 CFR 73.22(b)(1), and Section 149 of the Atomic Energy Act of
1954, as amended, which mandates that all persons with access to SGI
must be fingerprinted for a Federal Bureau of Investigation
identification and criminal history records check;
d. A check or money order in the amount of $238.00 \6\ payable to
the U.S. Nuclear Regulatory Commission for each individual for whom the
request for access has been submitted; and
---------------------------------------------------------------------------

\6\ This fee is subject to change pursuant to the Office of
Personnel Management's adjustable billing rates.
---------------------------------------------------------------------------

e. If the requester or any individual who will have access to SGI
believes they belong to one or more of the categories of individuals
relieved from the criminal history records check and background check
requirements, as stated in 10 CFR 73.59, the requester should also
provide a statement specifically stating which relief the requester is
invoking, and explaining the requester's basis (including supporting
documentation) for believing that the relief is applicable. While
processing the request, the NRC's Office of Administration, Personnel
Security Branch, will make a final determination whether the stated
relief applies. Alternatively, the requester may contact the Office of
Administration for an evaluation of their status prior to submitting
the request. Persons who are not subject to the background check are
not required to complete the SF-85 or Form FD-258; however, all other
requirements for access to SGI, including the need to know, are still
applicable.
Copies of documents and materials required by paragraphs 4.b.,
4.c., 4.d., and 4.e., as applicable, of this section must be sent to
the following address: Office of Administration, U.S. Nuclear
Regulatory Commission, Personnel Security Branch, Mail Stop TWF-03B46M,
Washington, DC 20555-0012.
These documents and materials should not be included with the
request letter to the Office of the Secretary, but the request letter
should state that the forms and fees have been submitted as required.
5. To avoid delays in processing requests for access to SGI, all
forms should be reviewed for completeness and accuracy (including
legibility) before submitting them to the NRC. The NRC will return
incomplete or illegible packages to the sender without processing.
6. Based on an evaluation of the information submitted under
paragraphs 3.a. and 3.b., or 4.a., 4.b., 4.c., and 4.e. of this
section, as applicable, the NRC staff will determine within 10 days of
receipt of the written access request whether the requester has
established a legitimate need for SUNSI access or need to know the SGI
requested.
7. For SUNSI access requests, if the NRC staff determines that the
requester has established a legitimate need for access to SUNSI, the
NRC staff will notify the requester in writing that access to SUNSI has
been granted; provided, however, that if the SUNSI consists of
proprietary information (i.e., trade secrets or confidential or
financial information), the NRC staff must first notify the applicant
of the NRC staff's determination to grant access to the requester not
less than 10 days before informing the requester of the NRC staff's
decision. If the applicant wishes to challenge the NRC staff's
determination, it must follow the procedures in paragraph 12 of this
section. The NRC staff will not provide the requester access to
disputed proprietary information until the procedures in paragraph 12
of this section are completed.
The written notification to the requester will contain instructions
on how the requester may obtain copies of the requested documents, and
any other conditions that may apply to access to those documents. These
conditions will include, but are not necessarily limited to, the
signing of a protective order setting forth terms and conditions to
prevent the unauthorized or inadvertent disclosure of SUNSI by each
individual who will be granted access to SUNSI. Claims that the
provisions of such a protective order have not been complied with may
be filed by calling the NRC's toll-free safety hotline at 1-800-695-
7403. Please note: Calls to this number are not recorded between the
hours of 7:00 a.m. to 5:00 p.m. Eastern Time. However, calls received
outside these hours are answered by the NRC's Incident Response
Operations Center on a recorded line. Claims may also be filed via
email sent to NRO_Allegations@nrc.gov, or may be sent in writing to
the U.S. Nuclear Regulatory Commission, ATTN: Timothy Frye, Mail Stop
T7-D24, Washington, DC 20555-0001.
8. For requests for access to SGI, if the NRC staff determines that
the requester has established a need to know the SGI, the NRC's Office
of Administration will then determine, based upon completion of the
background check, whether the proposed recipient is trustworthy and
reliable, as required for access to SGI by 10 CFR 73.22(b). If the
NRC's Office of Administration determines that the individual or
individuals are trustworthy and reliable, the NRC will promptly notify
the requester in writing.

[[Page 25729]]

The notification will provide the names of approved individuals as well
as the conditions under which the SGI will be provided. Those
conditions will include, but are not necessarily limited to, the
signing of a protective order by each individual who will be granted
access to SGI. Claims that the provisions of such a protective order
have not been complied with may be filed by calling the NRC's toll-free
safety hotline at 800-695-7403. Please note: Calls to this number are
not recorded between the hours of 7:00 a.m. to 5:00 p.m. Eastern Time.
However, calls received outside these hours are answered by the NRC's
Incident Response Operations Center on a recorded line. Claims may also
be filed via email sent to NRO_Allegations@nrc.gov, or may be sent in
writing to the U.S. Nuclear Regulatory Commission, ATTN: Timothy Frye,
Mail Stop T7-D24, Washington, DC 20555-0001. Because SGI requires
special handling, initial filings with the NRC should be free from such
specific information. If necessary, the NRC will arrange an appropriate
setting for transmitting SGI to the NRC.
9. Release and Storage of SGI. Prior to providing SGI to the
requester, the NRC staff will conduct (as necessary) an inspection to
confirm that the recipient's information protection system is
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively,
recipients may opt to view SGI at an approved SGI storage location
rather than establish their own SGI protection program to meet SGI
protection requirements.
10. Filing of Comments on the Supplemental Proposed ESBWR Design
Certification Rule. Any comments in this rulemaking proceeding that are
based upon the disclosed SUNSI or SGI information must be filed by the
requester no later than 25 days after receipt of (or access to) that
information, or the close of the public comment period, whichever is
later. The commenter must comply with all NRC requirements regarding
the submission of SUNSI and SGI to the NRC when submitting comments to
the NRC (including marking and transmission requirements).
11. Review of Denials of Access.
a. If the request for access to SUNSI or SGI is denied by the NRC
staff, the NRC staff shall promptly notify the requester in writing,
briefly stating the reason or reasons for the denial.
b. Before the NRC's Office of Administration makes an adverse
determination regarding the trustworthiness and reliability of the
proposed recipient(s) of SGI, the NRC's Office of Administration, as
specified by 10 CFR 2.705(c)(3)(iii), must provide the proposed
recipient(s) any records that were considered in the trustworthiness
and reliability determination, including those required to be provided
under 10 CFR 73.57(e)(1), so that the proposed recipient is provided an
opportunity to correct or explain information.
c. Appeals from a denial of access must be made to the NRC's
Executive Director for Operations (EDO) under 10 CFR 9.29. The decision
of the EDO constitutes final agency action under 10 CFR 9.29(d).
12. Predisclosure Procedures for SUNSI Constituting Trade Secrets
or Confidential Commercial or Financial Information. The NRC will
follow the procedures in 10 CFR 9.28 if the NRC staff determines, under
paragraph 7 of this section, that access to SUNSI constituting trade
secrets or confidential commercial or financial information will be
provided to the requester. However, any objection filed by the
applicant under 10 CFR 9.28(b) must be filed within 15 days of the NRC
staff notice in paragraph 7 of this section rather than the 30-day
period provided for under that paragraph. In applying the provisions of
10 CFR 9.28, the applicant for the design certification rule will be
treated as the ``submitter.''

XI. Availability of Documents

The documents related to the ESBWR steam dryer analysis methodology
for which the NRC is seeking public comment are listed in Table 1,
Section 1.A of the SUPPLEMENTARY INFORMTION section of this document.
The documents which the NRC regards as requirements and are matters
resolved under Paragraph VI, ISSUE RESOLUTION, of the ESBWR design
certification rule, and for which the NRC is seeking public comment on
the NRC's proposed clarification of its intent to treat these non-
public documents as requirements and matters resolved, are listed in
Table 2, Section 1.A of the SUPPLEMENTARY INFORMATION section of this
document.
The documents to be treated by the NRC as requirements in the final
ESBWR design certification rule, but the NRC is not seeking public
comment, are listed in Table 3, Section III.C of the SUPPLEMENTARY
INFORMATION section of this document. Additional documents relevant to
the proposed ESBWR design certification rule, for which an opportunity
for public comment was provided in the proposed ESBWR design
certification rule (76 FR 16549; March 24, 2011), are listed in Table
4. These documents have not changed since the publication of the
proposed ESBWR design certification rule for public comment. The NRC is
not seeking public comment on these documents in this supplemental
proposed rule; they are listed in Table 4 for the benefit of the
reader.

Table 4--Documents Relevant to the ESBWR Design Certification Rule, for Which an Opportunity for Public Comment
Was Provided in the ESBWR Proposed Rule
----------------------------------------------------------------------------------------------------------------
Publicly available Non-publicly available
Document No. Document title ADAMS accession No. ADAMS accession No.
----------------------------------------------------------------------------------------------------------------
Proposed Rule Documents
----------------------------------------------------------------------------------------------------------------
SRM-SECY-11-0006.................. Staff Requirements ML110670047 N/A
Memorandum for SECY-11-
0006, ``Staff
Requirements--SECY-11-000
6--Proposed Rule--
Economic Simplified
Boiling-Water Reactor
Design Certification,''
dated March 8, 2011.
SECY-11-0006...................... SECY-11-0006, ``Proposed ML102220172 N/A
Rule[dash]Economic
Simplified Boiling-Water
Reactor Design
Certification,'' dated
January 7, 2011.
Proposed Rule Federal Register Federal Register Notice-- ML102220215 N/A
Notice. Proposed Rule--ESBWR
Design Certification.
Proposed Rule Environmental Draft Environmental ML102220247 N/A
Assessment. Assessment--Proposed
Rule--ESBWR Design
Certification.

[[Page 25730]]

Final Safety Evaluation Report.... ESBWR Final Safety ML103070392 N/A
Evaluation Report, dated (package)
March 9, 2011.
----------------------------------------------------------------------------------------------------------------

List of Subjects in 10 CFR Part 52

Administrative practice and procedure, Antitrust, Backfitting,
Combined license, Early site permit, Emergency planning, Fees,
Inspection, Limited work authorization, Nuclear power plants and
reactors, Probabilistic risk assessment, Prototype, Reactor siting
criteria, Redress of site, Reporting and recordkeeping requirements,
Standard design, Standard design certification, Incorporation by
reference.

For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is proposing
to adopt the following amendments to 10 CFR Part 52.

PART 52--LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER
PLANTS

0
1. The authority citation for 10 CFR part 52 continues to read as
follows:

Authority: Atomic Energy Act secs. 103, 104, 147, 149, 161, 181,
182, 183, 185, 186, 189, 223, 234 (42 U.S.C. 2133, 2201, 2167, 2169,
2232, 2233, 2235, 2236, 2239, 2282); Energy Reorganization Act secs.
201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Government
Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy
Policy Act of 2005, Pub. L. 109-58, 119 Stat. 594 (2005).

0
2. In appendix E to 10 CFR part 52, as proposed to be added March 24,
2011 (76 FR 16549):
0
A. Revise paragraph III.A.
0
B. Add new paragraph VIII.B.6.b.(8).
The revision and addition read as follows:

Appendix E to Part 52--Design Certification Rule for the ESBWR Design.

* * * * *
III. Scope and Contents
A. Incorporation by reference approval. All Tier 1, Tier 2
(including the availability controls in Appendix 19ACM), and the
generic TS in the ESBWR DCD, Revision 10, dated April 2014, ``ESBWR
Design Control Document,'' are approved for incorporation by
reference by the Director of the Office of the Federal Register
under 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of
the generic DCD from Jerald G. Head, Senior Vice President,
Regulatory Affairs, GE-Hitachi Nuclear Energy, 3901 Castle Hayne
Road, MC A-18, Wilmington, NC 28401, telephone: 1-910-819-5692. You
can view the generic DCD online in the NRC Library at https://www.nrc.gov/reading-rm/adams.html. In ADAMS, search under ADAMS
Accession No. ML14104A929. If you do not have access to ADAMS or if
you have problems accessing documents located in ADAMS, contact the
NRC's Public Document Room (PDR) reference staff at 1-800-397-4209,
1-301-415-3747, or by email at PDR.Resource@nrc.gov. The generic DCD
can also be viewed at the Federal rulemaking Web site, https://www.regulations.gov, by searching for documents filed under Docket
ID NRC-2010-0135. A copy of the DCD is available for examination and
copying at the NRC's PDR located at Room O-1F21, One White Flint
North, 11555 Rockville Pike, Rockville, Maryland 20852. A copy also
is available for examination at the NRC Library located at Two White
Flint North, 11545 Rockville Pike, Rockville, Maryland 20852,
telephone: 301-415-5610, email: Library.Resource@nrc.gov. All
approved material is available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 1-202-741-6030 or go to
https://www.archives.gov/federal-register/cfr/ibrlocations.html.
* * * * *
VIII. * * *
B. * * *
6. * * *
b. * * *
(8) Steam dryer pressure load analysis methodology.
* * * * *

Dated at Rockville, Maryland, this 23rd day of April, 2014.

For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.

[FR Doc. 2014-10246 Filed 5-5-14; 8:45 am]
BILLING CODE 7590-01-P

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