Maintenance Rule, 45497-45498 [2014-18515]

Download as PDF 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 http://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 http://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 (http://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 45498 Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Notices 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. 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) 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 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 section 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. 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 22nd day of July, 2014. For the Nuclear Regulatory Commission. Joseph Colaccino, Chief, Policy Branch, New Reactor Rulemaking and Guidance Branch, Office of New Reactors. [FR Doc. 2014–18515 Filed 8–4–14; 8:45 am] BILLING CODE 7590–01–P Plants: LWR Edition,’’ Section 9.2.7, ‘‘Chilled Water.’’ The current Standard Review Plan (SRP) does not contain guidance for staff review of chilled water. Comments must be filed no later than October 6, 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–2014–0184. 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. • Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: 3WFN–06– A44M, 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 of this document. FOR FURTHER INFORMATION CONTACT: Jonathan DeGange, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–6096; email: Jonathan.Degange@nrc.gov. SUPPLEMENTARY INFORMATION: DATES: I. Obtaining Information and Submitting Comments A. Accessing Information NUCLEAR REGULATORY COMMISSION [NRC–2014–0184] Proposed Revision to Chilled Water Nuclear Regulatory Commission. ACTION: Standard review plan-draft section revision; request for comment. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power SUMMARY: VerDate Mar<15>2010 18:16 Aug 04, 2014 Jkt 232001 Please refer to Docket ID NRC–2014– 0184 when contacting the NRC about the availability of information regarding this document. You may access publicly-available information related to this document by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2014–0184. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 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. The draft revision for SRP Section 9.27, ‘‘Chilled Water’’ Revision 1 is available under ADAMS Accession No. ML14091B061. • 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– 0184 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 seeks public comment on the proposed draft section revision of SRP Section 9.2.7. The SRP Section 9.2.7 is a new section providing the NRC Staff guidance on review of chilled water systems. Following NRC staff evaluation of public comments, the NRC intends to finalize SRP Section 9.2.7 Revision 7 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 E:\FR\FM\05AUN1.SGM 05AUN1

Agencies

[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Notices]
[Pages 45497-45498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18515]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2013-0179]


Maintenance Rule

AGENCY: Nuclear Regulatory Commission.

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

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

SUMMARY: 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 
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 http://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 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 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 (http://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 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.

[[Page 45498]]

    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. 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) 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 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 section 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.

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 22nd day of July, 2014.

    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, New Reactor Rulemaking and Guidance Branch, 
Office of New Reactors.
[FR Doc. 2014-18515 Filed 8-4-14; 8:45 am]
BILLING CODE 7590-01-P