Strategies and Guidance To Address Loss of Large Areas of the Plant Due to Explosions and Fires, 39163-39165 [2015-16736]

Download as PDF Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices 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 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. The ADAMS accession number for each document referenced (if it available in ADAMS) is provided the first time that a document is referenced. The final revision for SRP Section 13.6.2, ‘‘Physical Security—Review of Physical Security System Designs—Standard Design Certification and Operating Reactor Licensing Applications’’ is available in ADAMS under Accession No. ML14140A210. • 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: Mark Notich, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–415–6992, email: Mark.Notich@ nrc.gov. SUPPLEMENTARY INFORMATION: srobinson on DSK5SPTVN1PROD with NOTICES I. Background On September 30, 2013 (78 FR 59981), the NRC published for public comment draft Revision 2 of SRP Section 13.6.2, ‘‘Physical Security—Review of Physical Security System Designs—Standard Design Certification and Operating Reactor Licensing Applications.’’ This section has been developed to assist the NRC staff with the review of the physical security system designs for design certification and operating reactor license applications and to inform applicants and other affected entities of guidance regarding an acceptable method by which to evaluate the affected portions of part 73 of Title 10 of the Code of Federal Regulations (10 CFR). The NRC staff received comment submissions on the proposed revision. VerDate Sep<11>2014 18:49 Jul 07, 2015 Jkt 235001 The NRC staff made several changes to the proposed revision after consideration of the comments. The comments are documented alongside the NRC staff’s responses are available in ADAMS under Accession No. ML14140A207. A redline strikeout comparing the proposed draft and final revision can be found in ADAMS under Accession No. ML14140A208. II. Backfitting and Issue Finality Issuance of this final SRP section does not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) and is not otherwise inconsistent with the issue finality provisions in 10 CFR part 52. The NRC 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. Backfitting and issue finality—with certain exceptions discussed below—do not 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 provisions 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 currently intend to impose the positions represented in this SRP section in a manner that is inconsistent with any issue finality provisions of 10 CFR part 52. If in the future the NRC staff does indeed intend to impose positions inconsistent with these issue finality provisions, the NRC staff must address the regulatory criteria for avoiding issue finality. 3. The NRC staff has no intention to impose the SRP positions on existing nuclear power plant licenses or regulatory approvals either now or in the future (absent a voluntary request for change from the licensee, holder of PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 39163 a regulatory approval, or a design certification applicant). The staff does not intend to impose or apply the positions described in the SRP section to existing (already issued) licenses (e.g., operating licenses and combined licenses) and regulatory approvals—in this case, design certifications. Hence, the issuance of this SRP guidance 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 licenses 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, as applicable. 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 29th day of June, 2015. For the Nuclear Regulatory Commission. Lawrence Burkhart, Acting Chief, New Reactor Rulemaking and Guidance Branch, Division of Advanced Reactors and Rulemaking, Office of New Reactors. [FR Doc. 2015–16741 Filed 7–7–15; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2013–0124] Strategies and Guidance To Address Loss of Large Areas of the Plant Due to Explosions and Fires 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 the following section of NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition’’: Section 19.4, ‘‘Strategies and Guidance to Address Loss of Large Areas of the Plant due to Explosions and Fires.’’ SUMMARY: E:\FR\FM\08JYN1.SGM 08JYN1 39164 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices The effective date of this Standard Review Plan (SRP) update is August 7, 2015. ADDRESSES: Please refer to Docket ID NRC–2013–0124 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–2013–0124. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual(s) 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 final revision for SRP Section 19.4, ‘‘Strategies and Guidance to Address Loss of Large Areas of the Plant due to Explosions and Fires’’ is available under ADAMS Accession No. ML13316B202. • 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: Mark Notich, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555 0001; telephone: 301–415–3053, email: Mark.Notich@ nrc.gov or Nishka Devaser, telephone: 301–415–5196, email: Nishka.Devaser@ nrc.gov Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: DATES: srobinson on DSK5SPTVN1PROD with NOTICES I. Background On June 11, 2013 (78 FR 35072), the NRC published for public comment the initial issuance of SRP Section 19.4, ‘‘Strategies and Guidance to Address Loss of Large Areas of the Plant Due to Explosions and Fires.’’ This section has been developed to assist NRC staff with the review of applications for certain VerDate Sep<11>2014 18:49 Jul 07, 2015 Jkt 235001 construction permits, operating licenses, license amendments, certain standard design certifications, and combined licenses under parts 50 and 52 of Title 10 of the Code of Federal Regulations (10 CFR). It also informs new reactor applicants and other affected entities of SRP guidance regarding an acceptable method by which staff performs its review of the subject of loss of large areas of the plant due to explosions and fires. The NRC staff made several changes to the final revision of the subject guidance since issuance of the proposed revision. The staff clarified its expectations with Nuclear Energy Institute (NEI) 06–12, ‘‘B.5.b Phase 2 & 3 Submittal Guideline,’’ in the SRP Acceptance Criteria subsection of the guidance. Additionally, some content previously seen in the proposed revision under Appendix A, ‘‘Experience Gained from Implementation of Temporary Instruction 2515/171, Verification of Site Specific Implementation of B.5.b Phase 2 & 3 Mitigating Strategies at Currently Licensed Power Reactor Sites and Related Staff Positions,’’ was integrated into the Areas of Review and SRP Acceptance Criteria subsections. The remainder of the content from the proposed Appendix A was removed from the final guidance. Finally, the staff updated the SRP section’s list of review interfaces to include additional interfacing SRP sections. The NRC staff received comment submissions on the proposed revision. Public comments are documented alongside the NRC staff’s respective response in ADAMS under Accession No. ML13295A535. A redline strikeout comparing the proposed draft and final revisions can be found in ADAMS under Accession No. ML13316B153. Revision to this SRP section will supercede the staff guidance presented in Interim Staff Guidance DC/COL–ISG– 016, ‘‘Compliance with 10 CFR 50.54(hh)(2) and 10 CFR 52.80(d), Loss of Large Areas of the Plant due to Explosions or Fires from a BeyondDesign Basis Event.’’ As a result, the NRC staff will be retiring DC/COL–ISG– 016 in a subsequent Federal Register notice. II. Backfitting and Issue Finality Issuance of this final SRP section does not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) and is not otherwise inconsistent with the issue finality provisions in 10 CFR part 52. The NRC staff’s position is based upon the following considerations: 1. The SRP positions do not constitute backfitting, inasmuch as the SRP is PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 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. Backfitting and issue finality—with certain exceptions discussed below—do not 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 provisions 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 staff does not currently intend to impose the positions represented in this SRP section in a manner that is inconsistent with any issue finality provisions of 10 CFR part 52. If in the future the NRC staff does indeed intend to impose positions inconsistent with these issue finality provisions, the NRC staff must address the regulatory criteria for avoiding issue finality. 3. The NRC staff has no intention to impose the SRP positions on existing nuclear power plant licenses or regulatory approvals either now or in the future (absent a voluntary request for change from the licensee, holder of a regulatory approval, or a design certification applicant). The staff does not intend to impose or apply the positions described in the SRP section to existing (already issued) licenses (e.g., operating licenses and combined licenses) and regulatory approvals—in this case, design certifications. Hence, the issuance of this SRP guidance—even if considered guidance that 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 licenses in a manner that does not provide issue finality as described in the applicable issue finality provision, then the staff must make the E:\FR\FM\08JYN1.SGM 08JYN1 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices showing as set forth in the Backfit Rule, or address the criteria for avoiding issue finality as described applicable issue finality provision, as applicable. 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 25th day of June, 2015. For the Nuclear Regulatory Commission. Lawrence Burkhart, Acting Chief, New Reactor Rulemaking and Guidance Branch, Division of Advanced Reactors and Rulemaking, Office of New Reactors. [FR Doc. 2015–16736 Filed 7–7–15; 8:45 am] [FR Doc. 2015–16692 Filed 7–7–15; 8:45 am] BILLING CODE 6325–63–P OFFICE OF PERSONNEL MANAGEMENT Submission for Review; Health Benefits Election Form, OPM 2809, 3206–0141 The Retirement Services, Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on a revised information collection request (ICR) 3206–0141, Health Benefits Election Form. As required by the Paperwork Reduction Act of 1995, (Pub. L. 104–13, 44 U.S.C. chapter 35) as amended by the ClingerCohen Act (Pub. L. 104–106), OPM is soliciting comments for this collection. DATES: Comments are encouraged and will be accepted until September 8, 2015. This process is conducted in accordance with 5 CFR 1320.1. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Retirement Services, Operations Support, Office of Personnel Management, Room 2347–E, 1900 E Street NW., Washington, DC 20415, Attention: Alberta Butler, or sent via email to Alberta.Butler@opm.gov. FOR FURTHER INFORMATION CONTACT: A copy of this ICR, with applicable supporting documentation, may be obtained by contacting the Retirement Services Publications Team, Office of Personnel Management, 1900 E Street NW., Room 3316–AC, Washington, DC 20503, Attention: Cyrus S. Benson or sent via email to Cyrus.Benson@ opm.gov. SUPPLEMENTARY INFORMATION: The Office of Management and Budget is particularly interested in comments that: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of the SUMMARY: Civil Service Retirement System Board of Actuaries Meeting Office of Personnel Management. ACTION: Notice of meeting. AGENCY: The Civil Service Retirement System Board of Actuaries plans to meet on Friday, July 24, 2015. The meeting will start at 10:00 a.m. EDT and will be held at the U.S. Office of Personnel Management (OPM), 1900 E Street NW., Room 1350, Washington, DC 20415. The purpose of the meeting is for the Board to review the actuarial methods and assumptions used in the valuations of the Civil Service Retirement and Disability Fund (CSRDF). The Board will also review OPM’s computation of the supplemental liability of the CSRDF with respect to current and former employees of the Postal Service in the Federal Employees Retirement System (FERS). SUMMARY: Agenda srobinson on DSK5SPTVN1PROD with NOTICES For the Board of Actuaries. Katherine Archuleta, Director. U.S. Office of Personnel Management. ACTION: 60-Day Notice and request for comments. OFFICE OF PERSONNEL MANAGEMENT 1. Summary of recent and proposed legislation; 2. Review of actuarial assumptions; 3. Reconsideration of the Postal Service supplemental liability under FERS. Persons desiring to attend this meeting of the Civil Service Retirement System Board of Actuaries, or to make a statement for consideration at the meeting, should contact OPM at least 5 business days in advance of the meeting date at the address shown below. The manner and time for any material presented to the Board may be limited. 18:49 Jul 07, 2015 Gregory Kissel, Senior Actuary for Retirement Programs, U.S. Office of Personnel Management, 1900 E Street NW., Room 4307, Washington, DC 20415. Phone (202) 606–0722 or email at actuary@opm.gov. AGENCY: BILLING CODE 7590–01–P VerDate Sep<11>2014 FOR FURTHER INFORMATION CONTACT: Jkt 235001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 39165 functions of the agency, including whether the information will have practical utility; 2. Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; 3. Enhance the quality, utility, and clarity of the information to be collected; and 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. OPM 2809, is used by annuitants and former spouses to elect, cancel, suspend, or change health benefits enrollment during periods other than open season. Analysis Agency: Retirement Operations, Retirement Services, Office of Personnel Management. Title: Health Benefits Election Form. OMB Number: 3206–0141. Frequency: On occasion. Affected Public: Individuals or Households. Number of Respondents: 30,000. Estimated Time per Respondent: 30 minutes. Total Burden Hours: 11,667 hours. U.S. Office of Personnel Management. Katherine Archuleta, Director. [FR Doc. 2015–16694 Filed 7–7–15; 8:45 am] BILLING CODE 6325–38–P POSTAL REGULATORY COMMISSION [Docket No. CP2015–91; Order No. 2557] New Postal Product Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recent Postal Service filing concerning an additional Foreign Postal Operators 1 negotiated service agreement with Hongkong Post. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: July 9, 2015. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit comments electronically should contact SUMMARY: E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Pages 39163-39165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16736]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2013-0124]


Strategies and Guidance To Address Loss of Large Areas of the 
Plant Due to Explosions and Fires

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 the following section of NUREG-0800, ``Standard 
Review Plan for the Review of Safety Analysis Reports for Nuclear Power 
Plants: LWR Edition'': Section 19.4, ``Strategies and Guidance to 
Address Loss of Large Areas of the Plant due to Explosions and Fires.''

[[Page 39164]]


DATES: The effective date of this Standard Review Plan (SRP) update is 
August 7, 2015.

ADDRESSES: Please refer to Docket ID NRC-2013-0124 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-2013-0124. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual(s) 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 to pdr.resource@nrc.gov. The final revision for SRP 
Section 19.4, ``Strategies and Guidance to Address Loss of Large Areas 
of the Plant due to Explosions and Fires'' is available under ADAMS 
Accession No. ML13316B202.
     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: Mark Notich, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555 0001; 
telephone: 301-415-3053, email: Mark.Notich@nrc.gov or Nishka Devaser, 
telephone: 301-415-5196, email: Nishka.Devaser@nrc.gov Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.

SUPPLEMENTARY INFORMATION: 

I. Background

    On June 11, 2013 (78 FR 35072), the NRC published for public 
comment the initial issuance of SRP Section 19.4, ``Strategies and 
Guidance to Address Loss of Large Areas of the Plant Due to Explosions 
and Fires.'' This section has been developed to assist NRC staff with 
the review of applications for certain construction permits, operating 
licenses, license amendments, certain standard design certifications, 
and combined licenses under parts 50 and 52 of Title 10 of the Code of 
Federal Regulations (10 CFR). It also informs new reactor applicants 
and other affected entities of SRP guidance regarding an acceptable 
method by which staff performs its review of the subject of loss of 
large areas of the plant due to explosions and fires.
    The NRC staff made several changes to the final revision of the 
subject guidance since issuance of the proposed revision. The staff 
clarified its expectations with Nuclear Energy Institute (NEI) 06-12, 
``B.5.b Phase 2 & 3 Submittal Guideline,'' in the SRP Acceptance 
Criteria subsection of the guidance. Additionally, some content 
previously seen in the proposed revision under Appendix A, ``Experience 
Gained from Implementation of Temporary Instruction 2515/171, 
Verification of Site Specific Implementation of B.5.b Phase 2 & 3 
Mitigating Strategies at Currently Licensed Power Reactor Sites and 
Related Staff Positions,'' was integrated into the Areas of Review and 
SRP Acceptance Criteria subsections. The remainder of the content from 
the proposed Appendix A was removed from the final guidance. Finally, 
the staff updated the SRP section's list of review interfaces to 
include additional interfacing SRP sections.
    The NRC staff received comment submissions on the proposed 
revision. Public comments are documented alongside the NRC staff's 
respective response in ADAMS under Accession No. ML13295A535. A redline 
strikeout comparing the proposed draft and final revisions can be found 
in ADAMS under Accession No. ML13316B153.
    Revision to this SRP section will supercede the staff guidance 
presented in Interim Staff Guidance DC/COL-ISG-016, ``Compliance with 
10 CFR 50.54(hh)(2) and 10 CFR 52.80(d), Loss of Large Areas of the 
Plant due to Explosions or Fires from a Beyond-Design Basis Event.'' As 
a result, the NRC staff will be retiring DC/COL-ISG-016 in a subsequent 
Federal Register notice.

II. Backfitting and Issue Finality

    Issuance of this final SRP section does not constitute backfitting 
as defined in 10 CFR 50.109 (the Backfit Rule) and is not otherwise 
inconsistent with the issue finality provisions in 10 CFR part 52. The 
NRC 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. Backfitting and issue finality--with certain exceptions 
discussed below--do not 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 provisions 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 staff does not 
currently intend to impose the positions represented in this SRP 
section in a manner that is inconsistent with any issue finality 
provisions of 10 CFR part 52. If in the future the NRC staff does 
indeed intend to impose positions inconsistent with these issue 
finality provisions, the NRC staff must address the regulatory criteria 
for avoiding issue finality.
    3. The NRC staff has no intention to impose the SRP positions on 
existing nuclear power plant licenses or regulatory approvals either 
now or in the future (absent a voluntary request for change from the 
licensee, holder of a regulatory approval, or a design certification 
applicant).
    The staff does not intend to impose or apply the positions 
described in the SRP section to existing (already issued) licenses 
(e.g., operating licenses and combined licenses) and regulatory 
approvals--in this case, design certifications. Hence, the issuance of 
this SRP guidance--even if considered guidance that 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 licenses in a manner 
that does not provide issue finality as described in the applicable 
issue finality provision, then the staff must make the

[[Page 39165]]

showing as set forth in the Backfit Rule, or address the criteria for 
avoiding issue finality as described applicable issue finality 
provision, as applicable.

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 25th day of June, 2015.

    For the Nuclear Regulatory Commission.
Lawrence Burkhart,
Acting Chief, New Reactor Rulemaking and Guidance Branch, Division of 
Advanced Reactors and Rulemaking, Office of New Reactors.
[FR Doc. 2015-16736 Filed 7-7-15; 8:45 am]
 BILLING CODE 7590-01-P
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