Open Phase Condition in Electric Power System; Electric Power-Introduction, 32580-32582 [2014-13061]

Download as PDF 32580 Federal Register / Vol. 79, No. 108 / Thursday, June 5, 2014 / Notices • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2012–0220. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: 3WFN, 06–A44, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section below. FOR FURTHER INFORMATION CONTACT: Soly I. Soto, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555– 0001; telephone: 301–287–9076, email: Soly.Soto@nrc.gov. SUPPLEMENTARY INFORMATION: rmajette on DSK2TPTVN1PROD with NOTICES I. Accessing Information and Submitting Comments A. Accessing Information Please refer to Docket ID NRC–2012– 0220 when contacting the NRC about the availability of information regarding NUREG–1520. You may access publiclyavailable information related to this action by the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2012–0220. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publiclyavailable documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. Draft NUREG–1520, Revision 2, is available in ADAMS under Accession No. ML14150A417. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC–2012– 0220 in the subject line of your comment submission, in order to ensure VerDate Mar<15>2010 14:59 Jun 04, 2014 Jkt 232001 that the NRC is able to make your comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Discussion Licenses to possess and use SNM are governed by part 70 of Title 10 of the Code of Federal Regulations (10 CFR). On December 7, 2012 (77 FR 73060), the NRC staff outlined its plans to revise NUREG–1520, Revision 1, ‘‘Standard Review Plan for the Review of a License Application for a Fuel Cycle Facility,’’ dated May 2010. The NRC staff received comments in response to the December 2012 notice. In this regard, on April 11, 2013, the NRC staff held a Category 2 public meeting which included a discussion of the outlined plan to revise NUREG–1520 and the comments received from the industry. At the April meeting, the NRC staff discussed a staff requirements memorandum (SRM) dated October 9, 2012 (SRM–SECY– 120091), in which the Commission directed the NRC staff to request the American Nuclear Society (ANS) to develop an integrated safety analysis (ISA) standard that would improve the quality and completeness of ISAs. The SRM also directed the NRC staff to refrain from revising NUREG–1520 on ISA topics until after the ANS standard is issued. Accordingly, the NRC staff is not proposing to make any significant changes to SRP Chapter 3, ‘‘Integrated Safety Analysis and Integrated Safety Analysis Summary,’’ at this time. Changes to Chapter 3 are primarily to improve readability, rather than a change in guidance. A more complete summary of the April 11, 2013, meeting is available in ADAMS under Accession No. ML13113A251. PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 The draft of SRP Revision 2 clarifies the existing SRP discussion in several technical areas, including nuclear criticality safety and management measures, as summarized below. Draft Chapter 5, ‘‘Nuclear Criticality Safety,’’ contains an expanded discussion of the double contingency principle and double contingency protection, including a description of what constitutes a loss of double contingency. Draft Chapter 11, ‘‘Management Measures,’’ includes a discussion of graded management measures and the selection of items relied on for safety that relate to the application of graded management measures. The draft of SRP Revision 2 contains two new chapters: Chapter 12, ‘‘Material Control and Accounting,’’ regarding 10 CFR part 74 requirements; and Chapter 13, ‘‘Physical Protection,’’ regarding 10 CFR part 73 requirements. These new chapters are needed because they address requirements that are referenced in 10 CFR 70.22, ‘‘Contents of applications.’’ The draft of SRP Revision 2 includes administrative changes throughout the SRP to ensure consistency among the SRP chapters, improve clarity of the text, reduce redundancies, and assure that statutory, regulatory, and guidance document references are accurate and up to date. The title of this SRP was revised from ‘‘Standard Review Plan for the Review of a License Application for a Fuel Cycle Facility’’ to ‘‘Standard Review Plan for License Applications for Fuel Cycle Facilities.’’ Dated at Rockville, Maryland, this 21st day of May 2014. For the Nuclear Regulatory Commission. Marissa G. Bailey, Director, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2014–13077 Filed 6–4–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2014–0131] Open Phase Condition in Electric Power System; Electric Power— Introduction Nuclear Regulatory Commission. ACTION: Standard review plan-draft section revision; request for public comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is requesting public comment on a draft new Branch SUMMARY: E:\FR\FM\05JNN1.SGM 05JNN1 Federal Register / Vol. 79, No. 108 / Thursday, June 5, 2014 / Notices Technical Position (BTP) 8–9, ‘‘Open Phase Conditions in Electric Power System.’’ The NRC also seeks public comment on a related draft Revision 5 to Section 8.1, ‘‘Electric Power— Introduction,’’ of NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants.’’ DATES: Submit comments by July 21, 2014. Comments received after this date will be considered, if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2014–0131. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: 3WFN–06–44M, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. For additional direction on accessing information and submitting comments, see ‘‘Accessing Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Jonathan DeGange, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–6992, or email: jonathan.degange@nrc.gov. SUPPLEMENTARY INFORMATION: I. Accessing Information and Submitting Comments rmajette on DSK2TPTVN1PROD with NOTICES A. Accessing Information Please refer to Docket ID NRC–2014– 0131 when contacting the NRC about the availability of information regarding this document. You may access publicly-available information related to this action by the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2014–0131. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, VerDate Mar<15>2010 14:59 Jun 04, 2014 Jkt 232001 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 (if that document is available in ADAMS) is provided the first time that a document is referenced. The draft BTP 8–9, Revision 0, ‘‘Open Phase Conditions in Electric Power System,’’ is available in ADAMS under Accession No. ML14057A433. The draft Standard Review Plan (SRP) Section 8.1, Revision 5, ‘‘Electric Power—Introduction,’’ is available in ADAMS under Accession No. ML14114A430. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC–2014– 0131 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 you comment submission. The NRC will post all comment submissions at http:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Further Information The NRC staff is issuing this notice to request public comments on the draft SRP Section 8.1, Revision 5 and on draft BTP 8–9. This BTP is proposed guidance for the staff’s safety review of licensing actions associated with General Design Criteria (GDC) 17, ‘‘Electric Power Systems,’’ in Appendix A to part 50 of Title 10 of the Code of Federal Regulations (10 CFR), related to PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 32581 coping with open phase electrical conditions in power systems. The previous version of SRP Section 8.1 was published on February 28, 2012 (77 FR 12086), as Revision 4 (ADAMS Accession No. ML113640121). The new BTP would be added as a reference to Chapter 8 of the SRP. Specifically Table 8–1, ‘‘Acceptance Criteria and Guidelines for Electric Power Systems,’’ of SRP Section 8.1 will be updated to include the BTP 8–9 after resolution of any comments and final issuance of BTP 8–9. This is reflected as the only change included in draft Revision 5 of SRP Section 8.1. The NRC plans on responding to the public comments and then issuing the updated SRP Section 8.1 and BTP as final guidance. The NRC staff intends to incorporate the final approved guidance into the next revision of Chapter 8 of NUREG–0800. The NRC intends to put these documents in ADAMS and post it on the NRC’s public Web site at http:// www.nrc.gov/reading-rm/doccollections/nuregs/staff/sr0800/. The SRP is guidance for the NRC staff. The SRP is not a substitute for the NRC regulations, and compliance with the SRP is not required. III. Backfitting and Issue Finality The purpose of draft BTP 8–9 is to provide guidance to the NRC staff in reviewing various licensing actions related to an electric power system design vulnerability due to open phase conditions in offsite electric power systems in accordance with GDC 17 or principal design criteria specified in the updated final safety analysis report, and 10 CFR 50.36(c)(2) and (c)(3). Issuance of the BTP and draft SRP Section 8.1, if finalized, would not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) or otherwise be inconsistent with the issue finality provisions in 10 CFR part 52. The NRC’s position is based upon the following considerations. 1. The draft SRP positions, if finalized, would not constitute backfitting, inasmuch as the SRP is internal guidance to NRC staff. The SRP provides internal guidance to the NRC staff on how to review an application for NRC regulatory approval in the form of licensing. Changes in internal staff guidance are not matters for which either nuclear power plant applicants or licensees are protected under either the Backfit Rule or the issue finality provisions of 10 CFR part 52. 2. The NRC staff has no intention to impose the draft SRP positions on holders of existing licensees or regulatory approvals either now or in E:\FR\FM\05JNN1.SGM 05JNN1 rmajette on DSK2TPTVN1PROD with NOTICES 32582 Federal Register / Vol. 79, No. 108 / Thursday, June 5, 2014 / Notices the future (absent a voluntary request for change from the licensee or holder of a regulatory approval). The NRC staff does not intend to impose or apply the positions described in the draft BTP 8–9 or SRP to existing licenses and regulatory approvals. Hence, the issuance of a final BTP 8–9 or SRP—even if considered guidance within the purview of the issue finality provisions in 10 CFR part 52—would not need to be evaluated as if it were a backfit or as being inconsistent with issue finality provisions. If, in the future, the NRC staff seeks to impose a position in the draft BTP 8–9 or SRP (if finalized) on holders of already issued licenses in a manner that does not provide issue finality as described in the applicable issue finality provision, then the staff must make the showing as set forth in the Backfit Rule or address the criteria for avoiding issue finality as described in the applicable issue finality provision, as applicable. 3. Backfitting and issue finality do not—with limited exceptions discussed below—protect current or future applicants. Applicants and potential applicants are not, with certain exceptions, protected by either the Backfit Rule or any issue finality provisions under 10 CFR part 52. Neither the Backfit Rule nor the issue finality provisions under 10 CFR part 52—with certain exclusions—were intended to apply to every NRC action that substantially changes the expectations of current and future applicants. The exceptions to the general principle are applicable whenever an applicant references a 10 CFR part 52 license (e.g., an early site permit) and/ or NRC regulatory approval (e.g., a design certification rule) with specified issue finality provisions. The NRC staff does not, at this time, intend to impose the positions represented in the draft BTP 8–9 or SRP (if finalized) in a manner that is inconsistent with any issue finality provisions. If, in the future, the staff seeks to impose a position in the draft BTP 8–9 or SRP in a manner that does not provide issue finality as described in the applicable issue finality provision, then the staff must address the criteria for avoiding issue finality as described in the applicable issue finality provision. For the Nuclear Regulatory Commission. Joseph Colaccino, Chief, Policy Branch, Division of Advanced Reactors and Rulemaking, Office of New Reactors. Dated at Rockville, Maryland, this 23rd day of May 2014. AGENCY: VerDate Mar<15>2010 14:59 Jun 04, 2014 Jkt 232001 [FR Doc. 2014–13061 Filed 6–4–14; 8:45 am] BILLING CODE 7590–01–P President’s Commission on White House Fellowships Advisory Committee: Closed Meeting President’s Commission on White House Fellowships, U.S. Office of Personnel Management. ACTION: Notice of meeting. AGENCY: The President’s Commission on White House Fellowships (PCWHF) was established by an Executive Order in 1964. The PCWHF is an advisory committee composed of Special Government Employees appointed by the President. The Advisory Committee meet in June to interview potential candidates for recommendation to become a White House Fellow. The meeting is closed. Name of Committee: President’s Commission on White House Fellowships Selection Weekend Date: June 5–8, 2014. Time: 7:00 a.m.–9:30 p.m. Place: St. Regis Hotel, 16th & K Street, Washington, DC 20006. Agenda: The Commission will interview 30 National Finalists for the selection of the new class of White House Fellows. FOR FURTHER INFORMATION CONTACT: Cindy S. Moelis, 712 Jackson Place NW., Washington, DC 20503, Phone: 202– 395–4522. SUMMARY: President’s Commission on White House Fellowships. Cindy S. Moelis, Director. [FR Doc. 2014–13004 Filed 6–4–14; 8:45 am] BILLING CODE 6325–44–P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 31064; File No. 812–14273] BMO Funds, Inc., et al.; Notice of Application May 30, 2014. Securities and Exchange Commission (‘‘Commission’’). ACTION: Notice of an application for an order under section 12(d)(1)(J) of the Frm 00055 Fmt 4703 Sfmt 4703 The requested order would (a) permit certain registered open-end management investment companies that operate as ‘‘funds of funds’’ to acquire shares of certain registered open-end management investment companies and unit investment trusts (‘‘UITs’’) that are within and outside the same group of investment companies as the acquiring investment companies, and (b) permit funds of funds relying on rule 12d1–2 under the Act to invest in certain financial instruments. APPLICANTS: BMO Funds, Inc. (the ‘‘Company’’); BMO Asset Management Corp. (the ‘‘Adviser’’); and M&I Distributors, LLC (the ‘‘Distributor’’). DATES: Filing Dates: The application was filed on February 4, 2014. HEARING OR NOTIFICATION OF HEARING: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission’s Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on June 24, 2014, and should be accompanied by proof of service on applicants, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer’s interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission’s Secretary. ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549–1090. Applicants: Michele L. Racadio, Secretary, BMO Funds, Inc., 111 East Kilbourn Avenue, Milwaukee, WI 53202. SUMMARY OF THE APPLICATION: OFFICE OF PERSONNEL MANAGEMENT PO 00000 Investment Company Act of 1940 (the ‘‘Act’’) for an exemption from sections 12(d)(1)(A) and (B) of the Act, under sections 6(c) and 17(b) of the Act for an exemption from sections 17(a)(1) and (2) of the Act, and under section 6(c) of the Act for an exemption from rule 12d1– 2(a) under the Act. FOR FURTHER INFORMATION CONTACT: Brian McLaughlin Johnson, Senior Counsel, at (202) 551–6740, or Melissa R. Harke, Branch Chief, at (202) 551– 6722 (Division of Investment Management, Chief Counsel’s Office). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained via the Commission’s Web site by searching for the file E:\FR\FM\05JNN1.SGM 05JNN1

Agencies

[Federal Register Volume 79, Number 108 (Thursday, June 5, 2014)]
[Notices]
[Pages 32580-32582]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13061]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2014-0131]


Open Phase Condition in Electric Power System; Electric Power--
Introduction

AGENCY: Nuclear Regulatory Commission.

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

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting 
public comment on a draft new Branch

[[Page 32581]]

Technical Position (BTP) 8-9, ``Open Phase Conditions in Electric Power 
System.'' The NRC also seeks public comment on a related draft Revision 
5 to Section 8.1, ``Electric Power--Introduction,'' of NUREG-0800, 
``Standard Review Plan for the Review of Safety Analysis Reports for 
Nuclear Power Plants.''

DATES: Submit comments by July 21, 2014. Comments received after this 
date will be considered, if it is practical to do so, but the 
Commission is able to ensure consideration only for comments received 
on or before this date.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0131. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: 3WFN-06-44M, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on accessing information and submitting 
comments, see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

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

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2014-0131 when contacting the NRC 
about the availability of information regarding this document. You may 
access publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0131.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number 
for each document (if that document is available in ADAMS) is provided 
the first time that a document is referenced. The draft BTP 8-9, 
Revision 0, ``Open Phase Conditions in Electric Power System,'' is 
available in ADAMS under Accession No. ML14057A433. The draft Standard 
Review Plan (SRP) Section 8.1, Revision 5, ``Electric Power--
Introduction,'' is available in ADAMS under Accession No. ML14114A430.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2014-0131 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 you 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Further Information

    The NRC staff is issuing this notice to request public comments on 
the draft SRP Section 8.1, Revision 5 and on draft BTP 8-9. This BTP is 
proposed guidance for the staff's safety review of licensing actions 
associated with General Design Criteria (GDC) 17, ``Electric Power 
Systems,'' in Appendix A to part 50 of Title 10 of the Code of Federal 
Regulations (10 CFR), related to coping with open phase electrical 
conditions in power systems. The previous version of SRP Section 8.1 
was published on February 28, 2012 (77 FR 12086), as Revision 4 (ADAMS 
Accession No. ML113640121). The new BTP would be added as a reference 
to Chapter 8 of the SRP. Specifically Table 8-1, ``Acceptance Criteria 
and Guidelines for Electric Power Systems,'' of SRP Section 8.1 will be 
updated to include the BTP 8-9 after resolution of any comments and 
final issuance of BTP 8-9. This is reflected as the only change 
included in draft Revision 5 of SRP Section 8.1. The NRC plans on 
responding to the public comments and then issuing the updated SRP 
Section 8.1 and BTP as final guidance. The NRC staff intends to 
incorporate the final approved guidance into the next revision of 
Chapter 8 of NUREG-0800.
    The NRC intends to put these documents in ADAMS and post it on the 
NRC's public Web site at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/. The SRP is guidance for the NRC staff. The SRP is 
not a substitute for the NRC regulations, and compliance with the SRP 
is not required.

III. Backfitting and Issue Finality

    The purpose of draft BTP 8-9 is to provide guidance to the NRC 
staff in reviewing various licensing actions related to an electric 
power system design vulnerability due to open phase conditions in 
offsite electric power systems in accordance with GDC 17 or principal 
design criteria specified in the updated final safety analysis report, 
and 10 CFR 50.36(c)(2) and (c)(3). Issuance of the BTP and draft SRP 
Section 8.1, if finalized, would not constitute backfitting as defined 
in 10 CFR 50.109 (the Backfit Rule) or otherwise be inconsistent with 
the issue finality provisions in 10 CFR part 52. The NRC's position is 
based upon the following considerations.
    1. The draft SRP positions, if finalized, would not constitute 
backfitting, inasmuch as the SRP is internal guidance to NRC staff.
    The SRP provides internal guidance to the NRC staff on how to 
review an application for NRC regulatory approval in the form of 
licensing. Changes in internal staff guidance are not matters for which 
either nuclear power plant applicants or licensees are protected under 
either the Backfit Rule or the issue finality provisions of 10 CFR part 
52.
    2. The NRC staff has no intention to impose the draft SRP positions 
on holders of existing licensees or regulatory approvals either now or 
in

[[Page 32582]]

the future (absent a voluntary request for change from the licensee or 
holder of a regulatory approval).
    The NRC staff does not intend to impose or apply the positions 
described in the draft BTP 8-9 or SRP to existing licenses and 
regulatory approvals. Hence, the issuance of a final BTP 8-9 or SRP--
even if considered guidance within the purview of the issue finality 
provisions in 10 CFR part 52--would not need to be evaluated as if it 
were a backfit or as being inconsistent with issue finality provisions. 
If, in the future, the NRC staff seeks to impose a position in the 
draft BTP 8-9 or SRP (if finalized) on holders of already issued 
licenses in a manner that does not provide issue finality as described 
in the applicable issue finality provision, then the staff must make 
the showing as set forth in the Backfit Rule or address the criteria 
for avoiding issue finality as described in the applicable issue 
finality provision, as applicable.
    3. Backfitting and issue finality do not--with limited exceptions 
discussed below--protect current or future applicants.
    Applicants and potential applicants are not, with certain 
exceptions, protected by either the Backfit Rule or any issue finality 
provisions under 10 CFR part 52. Neither the Backfit Rule nor the issue 
finality provisions under 10 CFR part 52--with certain exclusions--were 
intended to apply to every NRC action that substantially changes the 
expectations of current and future applicants.
    The exceptions to the general principle are applicable whenever an 
applicant references a 10 CFR part 52 license (e.g., an early site 
permit) and/or NRC regulatory approval (e.g., a design certification 
rule) with specified issue finality provisions. The NRC staff does not, 
at this time, intend to impose the positions represented in the draft 
BTP 8-9 or SRP (if finalized) in a manner that is inconsistent with any 
issue finality provisions. If, in the future, the staff seeks to impose 
a position in the draft BTP 8-9 or SRP in a manner that does not 
provide issue finality as described in the applicable issue finality 
provision, then the staff must address the criteria for avoiding issue 
finality as described in the applicable issue finality provision.

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

    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, Division of Advanced Reactors and Rulemaking, 
Office of New Reactors.
[FR Doc. 2014-13061 Filed 6-4-14; 8:45 am]
BILLING CODE 7590-01-P