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