Light Load Handling System and Refueling Cavity Design, 45496-45497 [2014-18507]

Download as PDF 45496 Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Notices are met; and (3) any inspections for the ITAAC have been completed and any ITAAC findings associated with the ITAAC have been closed. The NRC staff’s determination of the successful completion of this ITAAC is based on information available at this time and is subject to the licensee’s ability to maintain the condition that the acceptance criteria are met. If new information disputes the NRC staff’s determination, this ITAAC will be reopened as necessary. The NRC staff’s determination will be used to support a subsequent finding, pursuant to 10 CFR 52.103(g), at the end of construction that all acceptance criteria in the combined license are met. The ITAAC closure process is not finalized for this ITAAC until the NRC makes an affirmative finding under 10 CFR 52.103(g). Any future updates to the status of this ITAAC will be reflected on the NRC’s Web site at https://www.nrc.gov/reactors/ new-reactors/oversight/itaac.html. Dated at Rockville, Maryland, this 28th day of July 2014. For the Nuclear Regulatory Commission. Denise McGovern, Senior Project Manager, Licensing Branch 4, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. 2014–18510 Filed 8–4–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2013–0148] Light Load Handling System and Refueling Cavity Design Nuclear Regulatory Commission. ACTION: Standard review plan-final section revision; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to NUREG–0800, ‘‘Standard Review Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,’’ Section 9.1.4, ‘‘Light Load Handling System and Refueling Cavity Design.’’ DATES: The effective date of this Standard Review Plan (SRP) update is September 4, 2014. ADDRESSES: Please refer to Docket ID NRC–2013–0148 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:16 Aug 04, 2014 Jkt 232001 for Docket ID NRC–2013–0148. 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. • 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 at pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this notice (if that document is available in ADAMS) is provided the first time that a document is referenced. The final revision for the SRP Section 9.1.4, ‘‘Light Load Handling System and Refueling Cavity Design,’’ is available in ADAMS under Accession No. ML13318A923. A redline strikeout comparing the proposed revision to the final revision can be found in ADAMS under Accession No. ML13318A954. The responses to public comments can be found in ADAMS under Accession No. ML13318A795. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. • The NRC posts its issued staff guidance on the NRC’s external Web page (https://www.nrc.gov/reading-rm/ doc-collections/nuregs/staff/sr0800/). FOR FURTHER INFORMATION CONTACT: Jonathan DeGange, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone: 301–415–6992, email: Jonathan.DeGange@nrc.gov. SUPPLEMENTARY INFORMATION: I. Background On July 11, 2013 (78 FR 41810), the NRC published for public comment the proposed revisions to this section of the SRP. The staff made changes to the proposed revision after consideration of comments received. A summary of the comments and the staff’s disposition of the comments are available in a separate document, ‘‘Response to Public Comments on Draft SRP Section 9.1.4’’ (ADAMS Accession No. ML13318A795). The changes to this SRP chapter reflect current staff review methods and PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 practices based on lessons learned from NRC’s reviews of design certification and combined license applications completed since the last revision of this chapter. This chapter has been updated primarily to reflect operating experience associated with IE Bulletin 84–03, ‘‘Refueling Cavity Water Seal’’ (ADAMS Accession No. ML082700127). II. Backfitting and Issue Finality Issuance of this final SRP section does not constitute backfitting as defined in § 50.109 of Title 10 of the Code of Federal Regulations (10 CFR) (the Backfit Rule) and is not otherwise inconsistent with the issue finality provisions in 10 CFR part 52. The staff’s position is based upon the following considerations: 1. The SRP positions do not constitute backfitting, inasmuch as the SRP is internal guidance directed at the NRC staff with respect to their regulatory responsibilities. The SRP provides guidance to the staff on how to review an application for NRC regulatory approval in the form of licensing. Changes in internal staff guidance are not matters for which either nuclear power plant applicants or licensees are protected under either the Backfit Rule or the issue finality provisions of 10 CFR part 52. 2. The NRC staff has no intention to impose the SRP positions on current licensees and regulatory approvals either now or in the future. The staff does not intend to impose or apply the positions described in the SRP to existing (already issued) licenses and regulatory approvals. Hence, the issuance of a final SRP—even if considered guidance which is within the purview of the issue finality provisions in 10 CFR part 52—need not be evaluated as if it were a backfit or as being inconsistent with issue finality provisions. If, in the future, the staff seeks to impose a position in the SRP on holders of already issued holders of licenses SRP in a manner which does not provide issue finality as described in the applicable issue finality provision, then the staff must make the showing as set forth in the Backfit Rule or address the criteria for avoiding issue finality as described applicable issue finality provision. 3. Backfitting and issue finality do not—with limited exceptions not applicable here—protect current or future applicants. Applicants and potential applicants are not, with certain exceptions, protected by either the Backfit Rule or any issue finality provisions under 10 CFR part 52. This is because neither the Backfit Rule nor the issue finality E:\FR\FM\05AUN1.SGM 05AUN1 Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Notices provisions under 10 CFR part 52—with certain exclusions discussed below— were intended to apply to every NRC action which substantially changes the expectations of current and future applicants. The exceptions to the general principle are applicable whenever an applicant references a 10 CFR part 52 license (e.g., an early site permit) and/ or NRC regulatory approval (e.g., a design certification rule) with specified issue finality provisions. The staff does not, at this time, intend to impose the positions represented in the SRP in a manner that is inconsistent with any issue finality provisions. If, in the future, the staff seeks to impose a position in the SRP in a manner which does not provide issue finality as described in the applicable issue finality provision, then the staff must address the criteria for avoiding issue finality as described in the applicable issue finality provision. III. Congressional Review Act This action is a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. Dated at Rockville, Maryland, this 24th day of July, 2014. For the Nuclear Regulatory Commission. Joseph Colaccino, Chief, New Reactor Rulemaking and Guidance Branch, Division of Advanced Reactors and Rulemaking, Office of New Reactors. [FR Doc. 2014–18507 Filed 8–4–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2013–0179] Maintenance Rule Nuclear Regulatory Commission. ACTION: Standard review plan—final section; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to Section 17.6, ‘‘Maintenance Rule,’’ of NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.’’ DATES: The effective date of this Standard Review Plan (SRP) update is September 4, 2014. ADDRESSES: Please refer to Docket ID NRC–2013–0179 when contacting the mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:16 Aug 04, 2014 Jkt 232001 NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2013–0179. 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 document. • 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 notice (if that document is available in ADAMS) is provided the first time that a document is referenced. The final revision for Standard Review Plan (SRP) Section17.6, ‘‘Maintenance Rule,’’ is available under ADAMS Accession No. ML14099A044. A redline strikeout comparing the proposed and final revision of the document can be found in ADAMS under Accession No. ML14099A053. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. • The NRC posts its issued staff guidance on the NRC’s external Web page (https://www.nrc.gov/reading-rm/ doc-collections/nuregs/staff/sr0800/). FOR FURTHER INFORMATION CONTACT: Mr. Jonathan DeGange, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone: 301–415–6992, email: Jonathan.DeGange@nrc.gov. SUPPLEMENTARY INFORMATION: I. Background On August 8, 2013 (78 FR 48504), the NRC published for public comment the proposed SRP Section 17.6, ‘‘Maintenance Rule,’’ in Chapter 17, ‘‘Quality Assurance,’’ of NUREG–0800. The staff received a total of six comments on the draft section. A summary of the comments and the staff’s disposition of the comments are PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 45497 available in a separate document, ‘‘Response to Public Comments on Draft Standard Review Plan, Section 17.6, Maintenance Rule’’ (ADAMS Accession No. ML14099A033). II. Backfitting and Issue Finality SRP Section 17.6 provides guidance to the staff for reviewing applications for a construction permit and an operating license under part 50 of Title 10 of the Code of Federal Regulations (10 CFR) with respect to compliance with the Maintenance Rule, 10 CFR 50.65 and the guidance in Nuclear Management and Resources Council 93– 01 as approved for use by the NRC in Regulatory Guide 1.160. SRP Section 17.6 also provides guidance for reviewing an application for a standard design approval, a standard design certification, a combined license, and a manufacturing license under 10 CFR part 52 with respect to those same subject matters. Issuance of this SRP section revision does not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) nor is it inconsistent with the issue finality provisions in 10 CFR part 52. The NRC’s position is based upon the following considerations. 1. The SRP positions 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 SRP positions on existing licensees either now or in the future. The NRC staff does not intend to impose or apply the positions described in the SRP to existing licenses and regulatory approvals. Hence, the issuance of this SRP—even if considered guidance within the purview of the issue finality provisions in 10 CFR part 52—does 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 SRP 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. E:\FR\FM\05AUN1.SGM 05AUN1

Agencies

[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Notices]
[Pages 45496-45497]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18507]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2013-0148]


Light Load Handling System and Refueling Cavity Design

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan-final section revision; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
final revision to NUREG-0800, ``Standard Review Plan (SRP) for the 
Review of Safety Analysis Reports for Nuclear Power Plants: LWR 
Edition,'' Section 9.1.4, ``Light Load Handling System and Refueling 
Cavity Design.''

DATES: The effective date of this Standard Review Plan (SRP) update is 
September 4, 2014.

ADDRESSES: Please refer to Docket ID NRC-2013-0148 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0148. 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.
     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 at pdr.resource@nrc.gov. The ADAMS accession number 
for each document referenced in this notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. The final revision for the SRP Section 9.1.4, ``Light Load 
Handling System and Refueling Cavity Design,'' is available in ADAMS 
under Accession No. ML13318A923. A redline strikeout comparing the 
proposed revision to the final revision can be found in ADAMS under 
Accession No. ML13318A954. The responses to public comments can be 
found in ADAMS under Accession No. ML13318A795.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.
     The NRC posts its issued staff guidance on the NRC's 
external Web page (https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/).

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

SUPPLEMENTARY INFORMATION:

I. Background

    On July 11, 2013 (78 FR 41810), the NRC published for public 
comment the proposed revisions to this section of the SRP. The staff 
made changes to the proposed revision after consideration of comments 
received. A summary of the comments and the staff's disposition of the 
comments are available in a separate document, ``Response to Public 
Comments on Draft SRP Section 9.1.4'' (ADAMS Accession No. 
ML13318A795).
    The changes to this SRP chapter reflect current staff review 
methods and practices based on lessons learned from NRC's reviews of 
design certification and combined license applications completed since 
the last revision of this chapter. This chapter has been updated 
primarily to reflect operating experience associated with IE Bulletin 
84-03, ``Refueling Cavity Water Seal'' (ADAMS Accession No. 
ML082700127).

II. Backfitting and Issue Finality

    Issuance of this final SRP section does not constitute backfitting 
as defined in Sec.  50.109 of Title 10 of the Code of Federal 
Regulations (10 CFR) (the Backfit Rule) and is not otherwise 
inconsistent with the issue finality provisions in 10 CFR part 52. The 
staff's position is based upon the following considerations:
    1. The SRP positions do not constitute backfitting, inasmuch as the 
SRP is internal guidance directed at the NRC staff with respect to 
their regulatory responsibilities.
    The SRP provides guidance to the staff on how to review an 
application for NRC regulatory approval in the form of licensing. 
Changes in internal staff guidance are not matters for which either 
nuclear power plant applicants or licensees are protected under either 
the Backfit Rule or the issue finality provisions of 10 CFR part 52.
    2. The NRC staff has no intention to impose the SRP positions on 
current licensees and regulatory approvals either now or in the future.
    The staff does not intend to impose or apply the positions 
described in the SRP to existing (already issued) licenses and 
regulatory approvals. Hence, the issuance of a final SRP--even if 
considered guidance which is within the purview of the issue finality 
provisions in 10 CFR part 52--need not be evaluated as if it were a 
backfit or as being inconsistent with issue finality provisions. If, in 
the future, the staff seeks to impose a position in the SRP on holders 
of already issued holders of licenses SRP in a manner which does not 
provide issue finality as described in the applicable issue finality 
provision, then the staff must make the showing as set forth in the 
Backfit Rule or address the criteria for avoiding issue finality as 
described applicable issue finality provision.
    3. Backfitting and issue finality do not--with limited exceptions 
not applicable here--protect current or future applicants.
    Applicants and potential applicants are not, with certain 
exceptions, protected by either the Backfit Rule or any issue finality 
provisions under 10 CFR part 52. This is because neither the Backfit 
Rule nor the issue finality

[[Page 45497]]

provisions under 10 CFR part 52--with certain exclusions discussed 
below--were intended to apply to every NRC action which substantially 
changes the expectations of current and future applicants.
    The exceptions to the general principle are applicable whenever an 
applicant references a 10 CFR part 52 license (e.g., an early site 
permit) and/or NRC regulatory approval (e.g., a design certification 
rule) with specified issue finality provisions. The staff does not, at 
this time, intend to impose the positions represented in the SRP in a 
manner that is inconsistent with any issue finality provisions. If, in 
the future, the staff seeks to impose a position in the SRP in a manner 
which does not provide issue finality as described in the applicable 
issue finality provision, then the staff must address the criteria for 
avoiding issue finality as described in the applicable issue finality 
provision.

III. Congressional Review Act

    This action is a rule as defined in the Congressional Review Act (5 
U.S.C. 801-808). However, the Office of Management and Budget has not 
found it to be a major rule as defined in the Congressional Review Act.

    Dated at Rockville, Maryland, this 24th day of July, 2014.

    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, New Reactor Rulemaking and Guidance Branch, Division of Advanced 
Reactors and Rulemaking, Office of New Reactors.
[FR Doc. 2014-18507 Filed 8-4-14; 8:45 am]
BILLING CODE 7590-01-P
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