Specific Environmental Guidance for Light Water Small Modular Reactor Reviews, 53083-53084 [2014-21193]
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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
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14:29 Sep 04, 2014
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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
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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