Interim Staff Guidance on Changes During Construction, 48351-48353 [2015-19811]
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Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1009, email: Shawn.Williams@nrc.gov.
SUPPLEMENTARY INFORMATION: The NRC
has granted the request of South
Carolina Electric & Gas Company (the
licensee) to withdraw its application
date November 12, 2014, (ADAMS
Accession No. ML14324A217), for a
proposed amendment to Renewed
Facility Operating License NPF–12 for
the Virgil C. Summer Nuclear Station,
Unit 1, located in Jenkinsville, SC.
The proposed amendment sought to
revise the Virgil C. Summer Nuclear
Station, Unit 1, Radiation Emergency
Plan to relocate the Technical Support
Center.
The NRC published a Biweekly Notice
in the Federal Register on December 23,
2014 (79 FR 77050), that gave notice
that this proposed amendment was
under consideration by the NRC. The
licensee submitted its request to
withdraw the proposed amendment on
July 21, 2015 (ADAMS Accession No.
ML15205A033).
Dated at Rockville, Maryland, this 6th day
of August, 2015.
For the Nuclear Regulatory Commission.
G. Edward Miller,
Acting Chief, Plant Licensing Branch II–1,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2015–19851 Filed 8–11–15; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–369 and 50–370; NRC–
2012–0161]
Duke Energy Carolinas, LLC; McGuire
Generating Station, Units 1 and 2
Nuclear Regulatory
Commission.
ACTION: License amendment application;
withdrawal by applicant.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has granted the
request of Duke Energy Carolinas, LLC
to withdraw its application dated
February 22, 2012, as supplemented by
letters dated November 13, 2012 and
February 4, 2013, for a proposed
amendment to Renewed Facility
Operating License Nos. NPF–9 and
NPF–17, for the McGuire Nuclear
Station, Units 1 and 2. The proposed
amendment would have revised the
McGuire Technical Specification 3.7.7,
‘‘Nuclear Service Water System
(NSWS).’’ Specifically, the proposed
change would have the use of the NSWS
pump discharge crossover valves and
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:16 Aug 11, 2015
Jkt 235001
associated piping to cross tie McGuire
Nuclear Station, Units 1 and 2 NSWS
trains to mitigate a Loss of Service
Water event.
ADDRESSES: Please refer to Docket ID
NRC–2012–0161 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0161. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
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 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: G.
Edward Miller, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
2481, email: ed.miller@nrc.gov.
SUPPLEMENTARY INFORMATION: The NRC
has granted the request of Duke Energy
Carolinas, LLC (the licensee) to
withdraw its application dated February
22, 2012 (ADAMS Accession No.
ML12061A008), for a proposed
amendment to the McGuire Nuclear
Station, Units 1 and 2, located in York
County, North Carolina.
The proposed amendment would
have revised the McGuire Technical
Specification 3.7.7, ‘‘Nuclear Service
Water System (NSWS).’’ Specifically,
the proposed change would have the
use of the NSWS pump discharge
crossover valves and associated piping
to cross tie McGuire Nuclear Station
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Fmt 4703
Sfmt 4703
48351
Units 1 and 2 NSWS trains to mitigate
a Loss of Service Water event.
The NRC published a Biweekly Notice
in the Federal Register on July 10, 2012
(77 FR 40650), that gave notice that this
proposed amendment was under
consideration by the NRC. However, by
letter dated July 29, 2015 (ADAMS
Accession No ML15212A731), the
licensee requested to withdraw the
proposed amendment.
Dated at Rockville, Maryland, this 30th day
of July 2015.
For the Nuclear Regulatory Commission.
G. Edward Miller,
Project Manager, Plant Licensing Branch 2–
1, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2015–19850 Filed 8–11–15; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2011–0288]
Interim Staff Guidance on Changes
During Construction
Nuclear Regulatory
Commission.
ACTION: Interim staff guidance; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing its final
Interim Staff Guidance (ISG) COL–ISG–
025, ‘‘Interim Staff Guidance on
Changes During Construction.’’ This ISG
provides guidance to the NRC staff on
the Preliminary Amendment Request
(PAR) review process available to the
combined license (COL) holders. The
PAR is implemented through a license
condition for use as an elective
precursor to the license amendment
process.
DATES: The effective date of this COL–
ISG–025 is September 11, 2015.
ADDRESSES: Please refer to Docket ID
NRC–2011–0288 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2011–0288. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
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\12AUN1.SGM
12AUN1
48352
Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices
available 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. 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.
FOR FURTHER INFORMATION CONTACT:
Mark D. Notich, Office of New Reactors,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–3053; email: Mark.Notich@
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
Federal Register notice; Office of New Reactors: Final Interim Staff Guidance-025 Changes During Construction Under 10
CFR Part 52 ...................................................................................................................................................................................
Interim Staff Guidance-025 Changes During Construction Under 10 CFR Part 52 (Final) ..............................................................
Nuclear Energy Institute Comments on Draft Interim Staff Guidance (ISG) COL–ISG–025, Interim Staff Guidance on Changes
During Construction (78 FR 49782); [Docket ID NRC–2011–0288] .............................................................................................
Interim Staff Guidance on Changes During Construction Under 10 CFR Part 52, COL–ISG–025 (Second draft for use and
comment) .......................................................................................................................................................................................
Nuclear Energy Institute Comments on Interim Staff Guidance (ISG) COL–ISG–025, Interim Staff Guidance on Changes During Construction Under 10 CFR Part 52 (77 FR 1749); [Docket ID NRC–2011–0288] ...............................................................
Federal Register notice; Office of New Reactors: draft Interim Staff Guidance COL–ISG–025,Changes During Construction
Under 10 CFR Part 52, (77 FR 1749) ...........................................................................................................................................
Interim Staff Guidance on Changes During Construction Under 10 CFR Part 52, COL–ISG -025 (First draft for use and comment) ..............................................................................................................................................................................................
Regulatory Guide 1.187, Guidance for Implementation of 10 CFR 50.59, Changes, Tests, and Experiments ...............................
mstockstill on DSK4VPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
I. Background
On January 11, 2012 (77 FR 1749) the
NRC staff issued notice for use of, and
to solicit public comments on, draft
COL–ISG–025,’’ Interim Staff Guidance
on Changes During Construction under
part 52 of title 10 of the Code of Federal
Register (10 CFR). Following receipt of
public comments and a period of using
this PAR process, on August 15, 2013
(78 FR 49782) the NRC staff issued a
second notice for use of, and to solicit
additional public comments on, draft
COL–ISG–025. This ISG provides
guidance to the staff on the PAR review
process available to the initial 10 CFR
part 52, ‘‘Licenses, Certifications, and
Approvals for Nuclear Power Plants,’’
COL holders for use as an elective
precursor to a license amendment
request (LAR). The PAR process may
facilitate the installation and testing of
plant changes during construction. The
NRC staff used and evaluated the PAR
change process during the construction
of the initial nuclear power plants
licensed under 10 CFR part 52 and shall
include this ISG in a new regulatory
guide or in the next update of
Regulatory Guide 1.187, ‘‘Guidance for
Implementation of 10 CFR 50.59,
Changes, Tests, and Experiments’’
(ADAMS Accession No. ML003759710).
This final ISG provides guidance to
the NRC staff on the PAR review process
available to 10 CFR part 52 COL holders
VerDate Sep<11>2014
18:16 Aug 11, 2015
Jkt 235001
for use as an elective precursor to a
LAR. The NRC staff used the draft
guidance to evaluate the PAR change
process during the construction of the
initial nuclear power plants licensed
under 10 CFR part 52.
The final ISG is available through the
NRC’s public Web site at, https://
www.nrc.gov/reading-rm/doccollections/isg/, and in ADAMS under
Accession No. ML15058A383.
II. Public Comments
A. Overview of Public Comments
The NRC issued draft COL–ISG–025,
‘‘Interim Staff Guidance on Changes
during Construction Under 10 CFR part
52,’’ in the Federal Register on January
11, 2012 (77 FR 1749) for a 75-day
comment period. The comment period
ended on March 26, 2012. The NRC
reissued draft COL–ISG–025 in the
Federal Register on August 15, 2013 (78
FR 49782) for an additional 75-day
comment period. The comment period
ended on October 29, 2013.
The Commission received one
comment submission on the second
draft COL–ISG–025 from the Nuclear
Energy Institute (NEI) (ADAMS
Accession No. ML13304A498).
The comment summary and the
NRC’s response for this submission are
addressed below:
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Fmt 4703
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ML15058A383
ML15058A377
ML13304A498
ML13045A125
ML12089A019
ML111590693
ML111530026
ML003759710
B. Comment Identification and
Comment Response
NEI Comment 1–1: Editorial and
Clarification. Insert on page 3,
paragraph 3, second sentence, add the
phrase ‘‘. . . may communicate the
acceptance of the LAR, and . . .’’ The
sentence would then read as follows:
‘‘The NRC’s PAR determination letter
may communicate the acceptance of the
LAR, and will state whether the licensee
may proceed in accordance with the
PAR, LAR and COL–ISG–025.’’
NRC Response: The NRC staff does
not agree with this comment. Although
the review processes for accepting the
LAR for detailed technical review and
the PAR no objection review process are
similar, and by design related, the
technical organizations contributing to
the reviews are not identical. No change
was made to the ISG as a result of this
comment.
III. Backfitting and Issue Finality
Issuance of this ISG does not
constitute backfitting as defined in 10
CFR 50.109 (the Backfit Rule), or be
regarded as backfitting under
Commission and Executive Director for
Operations guidance, and is not
otherwise inconsistent with any of the
issue finality provisions in 10 CFR part
52. This ISG does not contain any new
requirements for COL applicants or
holders under 10 CFR part 52, or for
licensees of existing operating units
licensed under 10 CFR part 50. Rather,
E:\FR\FM\12AUN1.SGM
12AUN1
Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices
it contains additional guidance and
clarification on staff review of PARs.
V. 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 in Rockville, Maryland, this 31st day
of July, 2015.
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. 2015–19811 Filed 8–11–15; 8:45 am]
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.
• 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:
Thomas Marenchin, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–2979, email:
Thomas.Marenchin@nrc.gov.
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
The text of
[Docket Nos. 030–35710; EA–14–116; NRC–
2013–0208]
SUPPLEMENTARY INFORMATION:
In the Matter of Bradley D. Bastow,
D. O.
Dated at Rockville, Maryland, this 5th day
of August 2015.
For the Nuclear Regulatory Commission.
David L. Solorio,
Acting Director, Office of Enforcement.
Nuclear Regulatory
Commission.
ACTION: Imposition Order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
Imposition Order to Bradley D. Bastow,
D. O. imposing a civil penalty of $7,000.
On November 6, 2014, the NRC issued
a Notice of Violation and Proposed
Imposition of Civil Penalty—$7,000 to
Bradley D. Bastow, D. O. for failing to
comply with a Confirmatory Order
issued on September 3, 2013.
DATES: Effective Date: August 4, 2015.
ADDRESSES: Please refer to Docket ID
NRC–2013–0208 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0208. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
questions about this Order, 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/
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:16 Aug 11, 2015
Jkt 235001
the Order is attached.
United States of America Nuclear
Regulatory Commission
In the Matter of Bradley D. Bastow, D. O.,
South Haven, Michigan
Docket No. 030–35710
License No. 21–32316–01
EA–14–116
Order Imposing Civil Monetary Penalty
I.
Bradley D. Bastow, D. O., (Bastow or
the Licensee) is the holder of Materials
License No. 21–32316–01 issued by the
Nuclear Regulatory Commission (NRC
or Commission) pursuant to Title 10 of
the Code of Federal Regulations (10
CFR) Part 30. The license was initially
issued on April 20, 2001; was last
amended on October 7, 2014; and is due
to expire on October 31, 2016. The
license discusses the operation of
Bradley D. Bastow, D. O., at his place of
business (Cardiology II, P.C.), in
accordance with conditions specified
therein. The facility is located on the
licensee’s site in South Haven,
Michigan. The license currently reflects
a standby status such that no radioactive
material in 10 CFR 35.100 or 35.200
may be used under the license without
an amendment. It permits use of
materials specified in 10 CFR 35.65 for
calibration and maintenance of
equipment.
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48353
II.
An inspection of the Licensee’s
activities was conducted between March
27 and May 5, 2014, with continued inoffice inspection through June 20, 2014.
These inspections revealed that the
licensee was not complying with the
terms of a Confirmatory Order signed on
September 13, 2013, to rectify previous
willful violations. A written Notice of
Violation and Proposed Imposition of
Civil Penalty (Notice) was served upon
the Licensee by letter dated November
6, 2014. The Notice states the nature of
the violations, the provisions of the
NRC’s requirements that the Licensee
violated, and the amount of the civil
penalty proposed for the violations.
The Licensee responded to the Notice
in a letter dated December 6, 2014. In
response, the Licensee acknowledged
the basic facts in the Notice, although
the Licensee characterized them as
being ‘‘administrative deficiencies.’’
As part of its answer to the Notice, the
Licensee requested mitigation of the
civil penalty by awarding Corrective
Action credit, based on the Licensee’s
overarching action to shut down
licensed activities. The Licensee
acknowledged that: (1) Not all the
underlying issues had been corrected
and (2) committed to complete them
prior to restart of licensed activities.
However, the Licensee stated that the
shutdown eliminated any safety
significance of the issues and provided
a ‘‘clear demonstration’’ of its
commitment to correct deficiencies
before continuing to operate the facility.
The Licensee then requested complete
mitigation of the civil penalty due to
financial hardship. The Licensee
indicated that it had experienced an
overall loss of revenue, due to the
facility being shut down, and was
carrying tremendous debt. It further
indicated that financial solvency was
questionable.
III.
The NRC has reviewed the Licensee
response and concluded that Corrective
Action credit remained inappropriate.
As stated in the NRC Enforcement
Policy, Corrective Action credit is
designed to encourage licensees to: (1)
Take the immediate actions necessary
upon discovery of a violation that will
restore safety, security, and compliance
with the license, regulations, or other
requirements; and (2) develop and
implement (in a timely manner) the
lasting actions that will not only prevent
recurrence of the violation at issue, but
will be appropriately comprehensive,
given the significance and complexity of
the violation, to prevent occurrence of
E:\FR\FM\12AUN1.SGM
12AUN1
Agencies
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48351-48353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19811]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2011-0288]
Interim Staff Guidance on Changes During Construction
AGENCY: Nuclear Regulatory Commission.
ACTION: Interim staff guidance; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing its
final Interim Staff Guidance (ISG) COL-ISG-025, ``Interim Staff
Guidance on Changes During Construction.'' This ISG provides guidance
to the NRC staff on the Preliminary Amendment Request (PAR) review
process available to the combined license (COL) holders. The PAR is
implemented through a license condition for use as an elective
precursor to the license amendment process.
DATES: The effective date of this COL-ISG-025 is September 11, 2015.
ADDRESSES: Please refer to Docket ID NRC-2011-0288 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2011-0288. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 48352]]
available 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. 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.
FOR FURTHER INFORMATION CONTACT: Mark D. Notich, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-3053; email: Mark.Notich@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
Document title accession No.
------------------------------------------------------------------------
Federal Register notice; Office of New Reactors: Final ML15058A383
Interim Staff Guidance-025 Changes During Construction
Under 10 CFR Part 52..................................
Interim Staff Guidance-025 Changes During Construction ML15058A377
Under 10 CFR Part 52 (Final)..........................
Nuclear Energy Institute Comments on Draft Interim ML13304A498
Staff Guidance (ISG) COL-ISG-025, Interim Staff
Guidance on Changes During Construction (78 FR 49782);
[Docket ID NRC-2011-0288].............................
Interim Staff Guidance on Changes During Construction ML13045A125
Under 10 CFR Part 52, COL-ISG-025 (Second draft for
use and comment)......................................
Nuclear Energy Institute Comments on Interim Staff ML12089A019
Guidance (ISG) COL-ISG-025, Interim Staff Guidance on
Changes During Construction Under 10 CFR Part 52 (77
FR 1749); [Docket ID NRC-2011-0288]...................
Federal Register notice; Office of New Reactors: draft ML111590693
Interim Staff Guidance COL-ISG-025,Changes During
Construction Under 10 CFR Part 52, (77 FR 1749).......
Interim Staff Guidance on Changes During Construction ML111530026
Under 10 CFR Part 52, COL-ISG -025 (First draft for
use and comment)......................................
Regulatory Guide 1.187, Guidance for Implementation of ML003759710
10 CFR 50.59, Changes, Tests, and Experiments.........
------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION:
I. Background
On January 11, 2012 (77 FR 1749) the NRC staff issued notice for
use of, and to solicit public comments on, draft COL-ISG-025,'' Interim
Staff Guidance on Changes During Construction under part 52 of title 10
of the Code of Federal Register (10 CFR). Following receipt of public
comments and a period of using this PAR process, on August 15, 2013 (78
FR 49782) the NRC staff issued a second notice for use of, and to
solicit additional public comments on, draft COL-ISG-025. This ISG
provides guidance to the staff on the PAR review process available to
the initial 10 CFR part 52, ``Licenses, Certifications, and Approvals
for Nuclear Power Plants,'' COL holders for use as an elective
precursor to a license amendment request (LAR). The PAR process may
facilitate the installation and testing of plant changes during
construction. The NRC staff used and evaluated the PAR change process
during the construction of the initial nuclear power plants licensed
under 10 CFR part 52 and shall include this ISG in a new regulatory
guide or in the next update of Regulatory Guide 1.187, ``Guidance for
Implementation of 10 CFR 50.59, Changes, Tests, and Experiments''
(ADAMS Accession No. ML003759710).
This final ISG provides guidance to the NRC staff on the PAR review
process available to 10 CFR part 52 COL holders for use as an elective
precursor to a LAR. The NRC staff used the draft guidance to evaluate
the PAR change process during the construction of the initial nuclear
power plants licensed under 10 CFR part 52.
The final ISG is available through the NRC's public Web site at,
https://www.nrc.gov/reading-rm/doc-collections/isg/, and in ADAMS under
Accession No. ML15058A383.
II. Public Comments
A. Overview of Public Comments
The NRC issued draft COL-ISG-025, ``Interim Staff Guidance on
Changes during Construction Under 10 CFR part 52,'' in the Federal
Register on January 11, 2012 (77 FR 1749) for a 75-day comment period.
The comment period ended on March 26, 2012. The NRC reissued draft COL-
ISG-025 in the Federal Register on August 15, 2013 (78 FR 49782) for an
additional 75-day comment period. The comment period ended on October
29, 2013.
The Commission received one comment submission on the second draft
COL-ISG-025 from the Nuclear Energy Institute (NEI) (ADAMS Accession
No. ML13304A498).
The comment summary and the NRC's response for this submission are
addressed below:
B. Comment Identification and Comment Response
NEI Comment 1-1: Editorial and Clarification. Insert on page 3,
paragraph 3, second sentence, add the phrase ``. . . may communicate
the acceptance of the LAR, and . . .'' The sentence would then read as
follows: ``The NRC's PAR determination letter may communicate the
acceptance of the LAR, and will state whether the licensee may proceed
in accordance with the PAR, LAR and COL-ISG-025.''
NRC Response: The NRC staff does not agree with this comment.
Although the review processes for accepting the LAR for detailed
technical review and the PAR no objection review process are similar,
and by design related, the technical organizations contributing to the
reviews are not identical. No change was made to the ISG as a result of
this comment.
III. Backfitting and Issue Finality
Issuance of this ISG does not constitute backfitting as defined in
10 CFR 50.109 (the Backfit Rule), or be regarded as backfitting under
Commission and Executive Director for Operations guidance, and is not
otherwise inconsistent with any of the issue finality provisions in 10
CFR part 52. This ISG does not contain any new requirements for COL
applicants or holders under 10 CFR part 52, or for licensees of
existing operating units licensed under 10 CFR part 50. Rather,
[[Page 48353]]
it contains additional guidance and clarification on staff review of
PARs.
V. 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 in Rockville, Maryland, this 31st day of July, 2015.
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. 2015-19811 Filed 8-11-15; 8:45 am]
BILLING CODE 7590-01-P