Specific Environmental Guidance for Light Water Small Modular Reactor Reviews, 53083-53084 [2014-21193]

Download as PDF rmajette on DSK2TPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 172 / Friday, September 5, 2014 / Notices • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2013–0181. 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/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Michelle Beardsley, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Region I, King of Prussia, PA, telephone: 610–337– 6942, email: Michelle.Beardsley@ nrc.gov. SUPPLEMENTARY INFORMATION: Section 274b. of the Atomic Energy Act of 1954, as amended (AEA), provides the statutory basis by which the NRC relinquishes, by agreement with a State, portions of its regulatory authority to license and regulate byproduct materials, source materials, and quantities of special nuclear materials under critical mass, when the NRC determines that the State has an adequate radiation control program to protect public health and safety, which is compatible with the NRC’s program. Through the Agreement State program, 37 States have signed formal agreements with the NRC. Section 274j of the AEA requires that the NRC periodically review each Agreement State to ensure each State’s regulatory program is adequate to protect public health and safety and compatible with the NRC’s regulatory program. The NRC reviews Agreement State radiation control programs, using performance indicators, to ensure that public health and safety is being VerDate Mar<15>2010 14:29 Sep 04, 2014 Jkt 232001 adequately protected. The periodic review process for Agreement State programs is called the Integrated Materials Performance Evaluation Program (IMPEP). A Management Review Board (MRB) composed of senior NRC managers (with an Agreement State liaison attending) makes the final determination of adequacy for each Agreement State. The MRB holds a public meeting and makes the overall assessment of the Agreement State program. The MRB considers information such as the proposed final IMPEP report, which presents suggested performance indicator ratings and recommendations prepared by the IMPEP review team, the State response to the IMPEP report and information provided by the State during the MRB meeting. For most IMPEP reviews, no action other than issuance of the final IMPEP report is required. For those infrequent reviews where additional action is warranted, the MRB may consider Monitoring, Heightened Oversight, and recommendations for Probation, Suspension, or Termination. The most significant actions, Probation, Suspension, or Termination, require Commission approval. In 2008, the MRB placed the Georgia Program under a condition of monitoring due to the results of the 2008 IMPEP review of the Georgia Program. The Commission placed the Georgia Program on probation based on the 2012 IMPEP review, which showed an overall programmatic decline in performance. The NRC issued a notice regarding the probation status of the Georgia Program in the Federal Register on August 9, 2013 (78 FR 48726). After the most recent IMPEP review in 2014 (ADAMS Accession No. ML14121A618), the MRB found the overall Georgia Program adequate to protect public health and safety, and compatible with the NRC program requirements, but that it needs improvement. The MRB found that the Georgia Program performance improved overall since the 2012 review and closed several recommendations from the 2012 report. As a result of the State’s improvement, the MRB recommended to the Commission that the Georgia Program be placed on Heightened Oversight and removed from Probation. The Commission agreed that the Georgia Program should be removed from Probation. The NRC has issued a notification of discontinuance of the Probation period to the Governor of Georgia, the Georgia Congressional delegation, and all other Agreement and Non-Agreement States. PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 53083 Dated at Rockville, Maryland, this 29th day of August 2014. For the Nuclear Regulatory Commission. Raymond K. Lorson, Acting Deputy Director, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. 2014–21192 Filed 9–4–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2013–0211] Specific Environmental Guidance for Light Water Small Modular Reactor Reviews Nuclear Regulatory Commission. ACTION: Interim staff guidance; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) staff is issuing its final Interim Staff Guidance (ISG) Combined License and Early Site Permit (COL/ESP) No. 027 (COL/ESP–ISG– 027), ‘‘Specific Environmental Guidance for Light Water Small Modular Reactor Reviews.’’ The purpose of this ISG is to clarify the NRC guidance and application of NUREG–1555, ‘‘Standard Review Plans for Environmental Reviews for Nuclear Power Plants: Environmental Standard Review Plan,’’ with respect to environmental reviews for applications for licenses to construct and operate light water small modular reactors (SMRs). This guidance applies to environmental reviews associated with light water SMR applications for limited work authorizations, construction permits, operating licenses, early site permits (ESPs), and combined licenses (COLs). DATES: The effective date of this COL/ ESP–ISG–027 is October 6, 2014. ADDRESSES: Please refer to Docket ID NRC–2013–0211 when contacting the NRC about the availability of information regarding this document. You may access 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–2013–0211. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3442; 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 obtain publicly SUMMARY: E:\FR\FM\05SEN1.SGM 05SEN1 53084 Federal Register / Vol. 79, No. 172 / Friday, September 5, 2014 / Notices available documents online in the ADAMS Public Documents collection 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. For the convenience of the reader, the ADAMS accession numbers are provided in a table in the ‘‘Availability of Documents’’ section of this document. • 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 agency posts its issued staff guidance in the agency external Web page https://www.nrc.gov/reading-rm/ doc-collections/isg. FOR FURTHER INFORMATION CONTACT: Tanya Hood, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone at 301–415–1387 or email at Tanya.Hood@nrc.gov. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. ADAMS Accession No. Document title ML14100A648 ........... Interim Staff Guidance-027, Specific Environmental Guidance for Light Water Small Modular Reactor Reviews—Clean Version. Interim Staff Guidance-027, Specific Environmental Guidance for Light Water Small Modular Reactor Reviews—Redline Version. Interim Staff Guidance 26–27 Comment Resolution Summary Table. Interim Staff Guidance 26–27 Comment Resolution Detailed Table. ML13350A041 ........... ML14049A011 ........... ML13347B127 ........... The NRC staff issues COL/ESP–ISGs to facilitate timely implementation of current staff guidance and to facilitate activities associated with review of applications for ESPs, design certifications, and COLs by the Office of New Reactors. The NRC staff intends to incorporate the final approved COL/ ESP–ISG–027 into the next revision of the Environmental Standard Review Plan and related guidance documents. The NRC posts all final ISGs on the NRC’s public Web page at https:// www.nrc.gov/reading-rm/doccollections/isg/, which is where the public may easily obtain access to COL/ ESP–ISG–027. rmajette on DSK2TPTVN1PROD with NOTICES Backfitting and Issue Finality Issuance of this ISG does not constitute backfitting as defined in § 50.109 of Title 10 of the Code of Federal Regulations (10 CFR) (the Backfit Rule). Issuance of this ISG should not be regarded as backfitting under Commission and Executive Director for Operations guidance, and would not otherwise be inconsistent with the issue finality provisions in 10 CFR part 52. The NRC staff’s position is based upon the following considerations. 1. The ISG positions do not constitute backfitting, inasmuch as the ESRP is internal guidance to NRC staff. The ISG provides interim 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. VerDate Mar<15>2010 14:29 Sep 04, 2014 Jkt 232001 2. Backfitting and issue finality do not—with limited exceptions not applicable here—protect current or future applicants. 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 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 ISG in a manner that is inconsistent with any issue finality provisions. If, in the future, the staff seeks to impose a position in the ISG 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. 3. NRC consideration of environmental impacts to address the requirements of the National Environmental Policy Act of 1969 (NEPA) are outside the scope of matters subject to backfitting protection, and are not a violation of issue finality provisions The NRC consideration of environmental impacts to address the requirements of the National PO 00000 Frm 00070 Fmt 4703 Sfmt 9990 Environmental Policy Act of 1969 (NEPA), and an applicant’s submission of environmental information needed to support the NRC’s consideration of environmental impacts under NEPA, do not fall within the scope of matters which constitute backfitting. Consideration of environmental impacts to address NEPA compliance falls within the scope of matters protected under issue finality provisions of an ESP and a COL application referencing an ESP. However, this protection applies only after an ESP is issued, or if a COL application references an ESP. The staff does not intend to apply the guidance to already-issued ESPs or COL applications referencing an ESP. Therefore, issuance of this ISG does not constitute a violation or inconsistency of the issue finality provisions applicable to ESPs or COL applications referencing an ESP. Congressional Review Act This ISG 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 25th day of August, 2014. For the Nuclear Regulatory Commission. Joseph Colaccino, Chief, Policy Branch, Division of Advanced Reactor and Rulemaking, Office of New Reactors. [FR Doc. 2014–21193 Filed 9–4–14; 8:45 am] BILLING CODE 7590–01–P E:\FR\FM\05SEN1.SGM 05SEN1

Agencies

[Federal Register Volume 79, Number 172 (Friday, September 5, 2014)]
[Notices]
[Pages 53083-53084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21193]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2013-0211]


Specific Environmental Guidance for Light Water Small Modular 
Reactor Reviews

AGENCY: Nuclear Regulatory Commission.

ACTION: Interim staff guidance; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) staff is issuing 
its final Interim Staff Guidance (ISG) Combined License and Early Site 
Permit (COL/ESP) No. 027 (COL/ESP-ISG-027), ``Specific Environmental 
Guidance for Light Water Small Modular Reactor Reviews.'' The purpose 
of this ISG is to clarify the NRC guidance and application of NUREG-
1555, ``Standard Review Plans for Environmental Reviews for Nuclear 
Power Plants: Environmental Standard Review Plan,'' with respect to 
environmental reviews for applications for licenses to construct and 
operate light water small modular reactors (SMRs). This guidance 
applies to environmental reviews associated with light water SMR 
applications for limited work authorizations, construction permits, 
operating licenses, early site permits (ESPs), and combined licenses 
(COLs).

DATES: The effective date of this COL/ESP-ISG-027 is October 6, 2014.

ADDRESSES: Please refer to Docket ID NRC-2013-0211 when contacting the 
NRC about the availability of information regarding this document. You 
may access 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-2013-0211. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3442; 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 obtain publicly

[[Page 53084]]

available documents online in the ADAMS Public Documents collection 
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. For the convenience of the reader, 
the ADAMS accession numbers are provided in a table in the 
``Availability of Documents'' section of this document.
     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 agency posts its issued staff guidance in the agency 
external Web page https://www.nrc.gov/reading-rm/doc-collections/isg.

FOR FURTHER INFORMATION CONTACT: Tanya Hood, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
telephone at 301-415-1387 or email at Tanya.Hood@nrc.gov.

Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
          ADAMS Accession No.                    Document title
------------------------------------------------------------------------
ML14100A648...........................  Interim Staff Guidance-027,
                                         Specific Environmental Guidance
                                         for Light Water Small Modular
                                         Reactor Reviews--Clean Version.
ML13350A041...........................  Interim Staff Guidance-027,
                                         Specific Environmental Guidance
                                         for Light Water Small Modular
                                         Reactor Reviews--Redline
                                         Version.
ML14049A011...........................  Interim Staff Guidance 26-27
                                         Comment Resolution Summary
                                         Table.
ML13347B127...........................  Interim Staff Guidance 26-27
                                         Comment Resolution Detailed
                                         Table.
------------------------------------------------------------------------

    The NRC staff issues COL/ESP-ISGs to facilitate timely 
implementation of current staff guidance and to facilitate activities 
associated with review of applications for ESPs, design certifications, 
and COLs by the Office of New Reactors. The NRC staff intends to 
incorporate the final approved COL/ESP-ISG-027 into the next revision 
of the Environmental Standard Review Plan and related guidance 
documents.
    The NRC posts all final ISGs on the NRC's public Web page at https://www.nrc.gov/reading-rm/doc-collections/isg/, which is where the public 
may easily obtain access to COL/ESP-ISG-027.

Backfitting and Issue Finality

    Issuance of this ISG does not constitute backfitting as defined in 
Sec.  50.109 of Title 10 of the Code of Federal Regulations (10 CFR) 
(the Backfit Rule). Issuance of this ISG should not be regarded as 
backfitting under Commission and Executive Director for Operations 
guidance, and would not otherwise be inconsistent with the issue 
finality provisions in 10 CFR part 52. The NRC staff's position is 
based upon the following considerations.
    1. The ISG positions do not constitute backfitting, inasmuch as the 
ESRP is internal guidance to NRC staff.
    The ISG provides interim 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. Backfitting and issue finality do not--with limited exceptions 
not applicable here--protect current or future applicants.
    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 
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 ISG in a 
manner that is inconsistent with any issue finality provisions. If, in 
the future, the staff seeks to impose a position in the ISG 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.
    3. NRC consideration of environmental impacts to address the 
requirements of the National Environmental Policy Act of 1969 (NEPA) 
are outside the scope of matters subject to backfitting protection, and 
are not a violation of issue finality provisions
    The NRC consideration of environmental impacts to address the 
requirements of the National Environmental Policy Act of 1969 (NEPA), 
and an applicant's submission of environmental information needed to 
support the NRC's consideration of environmental impacts under NEPA, do 
not fall within the scope of matters which constitute backfitting. 
Consideration of environmental impacts to address NEPA compliance falls 
within the scope of matters protected under issue finality provisions 
of an ESP and a COL application referencing an ESP. However, this 
protection applies only after an ESP is issued, or if a COL application 
references an ESP. The staff does not intend to apply the guidance to 
already-issued ESPs or COL applications referencing an ESP. Therefore, 
issuance of this ISG does not constitute a violation or inconsistency 
of the issue finality provisions applicable to ESPs or COL applications 
referencing an ESP.

Congressional Review Act

    This ISG 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 25th day of August, 2014.

    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, Division of Advanced Reactor and Rulemaking, 
Office of New Reactors.
[FR Doc. 2014-21193 Filed 9-4-14; 8:45 am]
BILLING CODE 7590-01-P
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