Protection Against Extreme Wind Events and Missiles for Nuclear Power Plants, 52346-52348 [2015-21305]

Download as PDF 52346 Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Notices Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: the comment submissions available to the public or entering the comment submissions into ADAMS. I. Obtaining Information and Submitting Comments II. Additional Information The NRC is issuing for public comment a DG in the NRC’s ‘‘Regulatory Guide’’ series. This series was developed to describe and make available to the public information regarding methods that are acceptable to the NRC staff for implementing specific parts of the NRC’s regulations, techniques that the staff uses in evaluating specific issues or postulated events, and data that the staff needs in its review of applications for permits and licenses. The draft regulatory guide entitled, ‘‘Instructions for Recording and Reporting Occupational Radiation Dose Data,’’ is temporarily identified by its task number, DG–8030 (ADAMS Accession No. ML15169A218). DG– 8030 is proposed revision 3 of RG 8.7. The NRC issued revision 2 of RG 8.7 in November 2005 (ADAMS Accession No. ML052970092), to provide guidance on acceptable program for the preparation, retention, and reporting of records of occupational radiation doses. On December 4, 2007, the NRC made changes in part 19 of Title 10 of the Code of Federal Regulations (CFR), ‘‘Notices, Instructions and Reports to Workers: Inspection and Investigations;’’ 10 CFR 19.13, ‘‘Notifications and Reports to Individuals,’’ and revised the definition of the total effective dose equivalent (TEDE) in 10 CFR part 20, ‘‘Standards for Protection Against Radiation;’’ 10 CFR 20.1003, ‘‘Definitions;’’ and 10 CFR part 50, ‘‘Domestic Licensing of Production and Utilization Facilities;’’ 10 CFR 50.2, ‘‘Definitions’’ (72 FR 68043). Previously, the definition of the TEDE was the sum of the deep dose equivalent (DDE) to account for external exposure and the committed effective dose equivalent (CEDE) to account for internal exposure. Under the revised rule, the TEDE was redefined by replacing the DDE with the effective dose equivalent for external exposure, hereafter referred to as the EDEX. As a result of the definition change to the TEDE, there is a contradiction with the current regulatory guidance. The revised TEDE definition also affected the content of NRC Forms 4 and 5 in that the EDEX is now a quantity to be recorded when monitoring external dose. The term ‘‘total organ dose equivalent’’ (TODE) has also been added in the forms to denote the sum of the deep dose equivalent (DDE) and the committed dose equivalent (CDE) to the organ receiving the highest dose, to be A. Obtaining Information Please refer to Docket ID NRC–2015– 0203 when contacting the NRC about the availability of information regarding this document. You may obtain publically-available information related to this document, by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2015–0203. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if available in ADAMS), is provided the first time that a document is referenced. The DG is electronically available in ADAMS under Accession No. ML15169A218. • 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. Lhorne on DSK5TPTVN1PROD with NOTICES B. Submitting Comments Please include Docket ID NRC–2015– 0203 in the subject line of your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at http:// www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making VerDate Sep<11>2014 14:19 Aug 27, 2015 Jkt 235001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 consistent with the regulations described in 10 CFR 20.2106(a)(6). The NRC staff has estimated that NRC Forms 4 and 5 will become effective in January 2016. III. Backfitting and Issue Finality The first issuance of new guidance on a new rule provision does not constitute backfitting, inasmuch as the guidance on the new rule provision must be consistent with the regulatory requirements in the new rule provision, and the backfitting basis for the new rule provision should also be applicable to the issuance of guidance on that new rule provision. The statement of considerations for the 2007 revisions to parts 19 and 20 stated that the specific changes made to the regulations did not constitute ‘‘backfitting’’ as defined in 10 CFR 50.109. Therefore, for licensees subject to the provisions of 10 CFR part 50 and/or part 52, the first issuance of guidance addressing new provisions of 10 CFR parts 19 and 20 (if finalized), would not constitute issuance of a new or different staff position within the meaning of the definition of ‘‘backfitting’’ in 10 CFR 50.109, or constitute an action inconsistent with any of the issue finality provisions in 10 CFR part 52. Accordingly, no further consideration of backfitting is needed to support issuance of this draft regulatory guide for public comment. Dated at Rockville, Maryland, this 24th day of August, 2015. For the Nuclear Regulatory Commission. Thomas H. Boyce, Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2015–21306 Filed 8–27–15; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2015–0202] Protection Against Extreme Wind Events and Missiles for Nuclear Power Plants Nuclear Regulatory Commission. ACTION: Draft regulatory guide; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG), DG–1313, ‘‘Protection Against Extreme Wind Events And Missiles For Nuclear Power Plants.’’ This proposed guide has been revised to incorporate additional information identified since revision 1 SUMMARY: E:\FR\FM\28AUN1.SGM 28AUN1 Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Notices Lhorne on DSK5TPTVN1PROD with NOTICES of Regulatory Guide (RG) 1.117 was issued. The proposed revision describes an approach that the staff of the NRC considers acceptable for identifying those structures, systems, and components (SSCs) of light-watercooled reactors that should be protected from the effects of the worst case extreme winds and wind-generated missiles, and remain functional. DATES: Submit comments by October 27, 2015. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specified subject): • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2015–0202. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3436; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN 12H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. For additional direction on accessing information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Gordon Curran, Office of Nuclear Reactor Regulation, telephone: 301– 415–1247, email: Gordon.Curran@ nrc.gov and Stephen Burton, Office of Nuclear Regulatory Research, telephone: 301–415–7000 email: Stephen.Burton@ nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2015– 0202 when contacting the NRC about the availability of information regarding this document. You may obtain VerDate Sep<11>2014 14:19 Aug 27, 2015 Jkt 235001 publically-available information related to this document, by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2015–0202. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that a document is mentioned. The DG is electronically available in ADAMS under Accession No. ML14356A107. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC–2015– 0202 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at http:// www.regulations.gov as well as enters the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Additional Information The NRC is issuing for public comment a DG in the NRC’s ‘‘Regulatory Guide’’ series. This series was developed to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific parts of the NRC’s regulations, PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 52347 techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. The draft regulatory guide, entitled, ‘‘Protection Against Extreme Wind Events and Missiles for Nuclear Power Plants,’’ is temporarily identified by its task number, DG–1313 (ADAMS Accession No. ML14356A107). DG– 1313 is proposed revision 2 of RG 1.117. The guide describes an approach that the staff of the NRC considers acceptable for identifying those SSCs of light-water-cooled reactors that should be protected from the effects of the worst case extreme winds and windgenerated missiles, and remain functional. Nuclear power plants must be designed so that they remain in a safe condition under extreme meteorological events, including those that could result in the most extreme wind events (tornadoes and hurricanes) that could reasonably be predicted to occur at the site. Tornado wind speeds may not bound hurricane wind speeds for certain portions of the Atlantic and gulf coasts at the wind speed frequencies of occurrence considered in revision 1 of RG 1.76, ‘‘Design-Basis Tornado and Tornado Missiles for Nuclear Power Plants,’’ (ADAMS Accession No. ML070360253). The SSCs should be designed to withstand the effects of the design basis hurricane and hurricane generated missiles so that they remain functional. The NRC will also address these extreme conditions on a case-bycase basis. II. Backfitting and Issue Finality This draft regulatory guide describes methods and procedures that the staff considers acceptable for use in identifying those SSCs of light-watercooled reactors that should be protected from the effects of the worst case extreme winds and wind-generated missiles, so that they remain functional. Although not expressly stated in DG– 1313, the regulatory guidance in this regulatory guide is directed at applicants for nuclear power reactor construction permits and operating licenses under part 50 of Title 10 of the Code of Federal Regulations (CFR), applicants for standard design certifications under subpart B of part 52, and combined licenses under subpart C of part 52. This draft regulatory guide, if finalized, would 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, ‘‘Licenses, E:\FR\FM\28AUN1.SGM 28AUN1 52348 Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Notices Lhorne on DSK5TPTVN1PROD with NOTICES Certifications and Approvals for Nuclear Power Plants.’’ Applicants and potential applicants are not, with certain exceptions, protected by either the Backfit Rule or any issue finality provisions under part 52. Neither the Backfit Rule nor the issue finality provisions under part 52—with certain exclusions discussed below—were intended to every NRC action which substantially changes the expectations of current and future applicants. The exceptions to the general principle are applicable whenever a combined license applicant references a part 52 license (i.e., an early site permit or a manufacturing license) and/or part 52 regulatory approval (i.e., a design certification rule or design approval. The staff does not, at this time, intend to impose the positions represented in the draft regulatory guide (if finalized) in a manner that is inconsistent with any issue finality provisions in these part 52 licenses and regulatory approvals. If, in the future, the staff seeks to impose a position in this regulatory guide (if finalized) in a manner which does not provide issue finality as described in the applicable issue finality provision, then the staff must address the issue finality criteria in the applicable issue finality provision (10 CFR 52.63 for standard design certification rules, and 10 CFR 52.98 for combined licenses). Existing licensees and applicants of final design certification rules will not be required to follow the positions in DG–1313, if finalized, unless the licensee or design certification rule applicant seeks a voluntary change to its licensing basis with respect to the inclusion or exclusion of SSCs which must be protected against extreme winds and extreme wind effects. In such cases, backfitting and issue finality will not apply if the NRC determines that the safety review of the licensee or applicant-initiated change must include reconsideration of the methods and procedures used in identifying those SSCs. Further information on the staff’s use of the draft regulatory guide, if finalized, is contained in the draft regulatory guide under Section D. Implementation. Dated at Rockville, Maryland, this 24th day of August, 2015. For the Nuclear Regulatory Commission. Thomas H. Boyce, Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2015–21305 Filed 8–27–15; 8:45 am] BILLING CODE 7590–01–P VerDate Sep<11>2014 14:19 Aug 27, 2015 Jkt 235001 NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–390; NRC–2013–0233] Watts Bar Nuclear Plant, Unit No. 1; Application and Amendment to Facility Operating License Involving Proposed No Significant Hazards Consideration Determination Nuclear Regulatory Commission. ACTION: License amendment request; opportunity to comment, request a hearing and petition for leave to intervene. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of an amendment to Facility Operating License No. NFP–90, issued to the Tennessee Valley Authority (the licensee), for operation of Watts Bar Nuclear Plant (WBN), Unit 1. The amendment request submitted on August 1, 2013, proposed revisions to Technical Specification (TS) 3.8.1, Surveillance Requirement (SR) 3.8.1.8, and the licensing basis as described in the Updated Final Safety Analysis Report (UFSAR). The NRC staff had previously made a proposed determination that the amendment involved no significant hazards consideration. By letters dated April 21, 2014, January 29, 2015, and June 12, 2015, the licensee provided additional information that expanded the scope of the amendment request to include proposed changes to the UFSAR, a new modification to SR 3.8.1.1, and proposed a new SR 3.8.1.22. The purpose of this document is to update the description of the amendment request and to make a proposed determination that the expanded scope of the amendment request involves no significant hanzards consideration. DATES: Comments must be filed by September 28, 2015. A request for a hearing must be filed by October 27, 2015. SUMMARY: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0233. 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. ADDRESSES: PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 • Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN–12–H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Jeanne A. Dion, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 1349; email: Jeanne.Dion@nrc.gov SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2013– 0233 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0233. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The application for amendment, dated August 1, 2013, as supplemented by letters dated April 21, 2014, January 29, 2015, and June 12, 2015, are available in ADAMS under ADAMS Accession Nos. ML13220A103, ML14112A341, ML15041A732, and ML15195A600, respectively. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC–2013– 0233 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http:// E:\FR\FM\28AUN1.SGM 28AUN1

Agencies

[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Notices]
[Pages 52346-52348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21305]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2015-0202]


Protection Against Extreme Wind Events and Missiles for Nuclear 
Power Plants

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory guide; request for comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment draft regulatory guide (DG), DG-1313, ``Protection 
Against Extreme Wind Events And Missiles For Nuclear Power Plants.'' 
This proposed guide has been revised to incorporate additional 
information identified since revision 1

[[Page 52347]]

of Regulatory Guide (RG) 1.117 was issued. The proposed revision 
describes an approach that the staff of the NRC considers acceptable 
for identifying those structures, systems, and components (SSCs) of 
light-water-cooled reactors that should be protected from the effects 
of the worst case extreme winds and wind-generated missiles, and remain 
functional.

DATES: Submit comments by October 27, 2015. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
is able to ensure consideration only for comments received on or before 
this date. Although a time limit is given, comments and suggestions in 
connection with items for inclusion in guides currently being developed 
or improvements in all published guides are encouraged at any time.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specified subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0202. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3436; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN 12H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on accessing information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Gordon Curran, Office of Nuclear 
Reactor Regulation, telephone: 301-415-1247, email: 
Gordon.Curran@nrc.gov and Stephen Burton, Office of Nuclear Regulatory 
Research, telephone: 301-415-7000 email: Stephen.Burton@nrc.gov. Both 
are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0202 when contacting the NRC 
about the availability of information regarding this document. You may 
obtain publically-available information related to this document, by 
any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0202.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that a document is mentioned. The 
DG is electronically available in ADAMS under Accession No. 
ML14356A107.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2015-0202 in your comment submission. 
The NRC cautions you not to include identifying or contact information 
that you do not want to be publicly disclosed in your comment 
submission. The NRC posts all comment submissions at http://www.regulations.gov as well as enters the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Additional Information

    The NRC is issuing for public comment a DG in the NRC's 
``Regulatory Guide'' series. This series was developed to describe and 
make available to the public such information as methods that are 
acceptable to the NRC staff for implementing specific parts of the 
NRC's regulations, techniques that the staff uses in evaluating 
specific problems or postulated accidents, and data that the staff 
needs in its review of applications for permits and licenses.
    The draft regulatory guide, entitled, ``Protection Against Extreme 
Wind Events and Missiles for Nuclear Power Plants,'' is temporarily 
identified by its task number, DG-1313 (ADAMS Accession No. 
ML14356A107). DG-1313 is proposed revision 2 of RG 1.117. The guide 
describes an approach that the staff of the NRC considers acceptable 
for identifying those SSCs of light-water-cooled reactors that should 
be protected from the effects of the worst case extreme winds and wind-
generated missiles, and remain functional.
    Nuclear power plants must be designed so that they remain in a safe 
condition under extreme meteorological events, including those that 
could result in the most extreme wind events (tornadoes and hurricanes) 
that could reasonably be predicted to occur at the site. Tornado wind 
speeds may not bound hurricane wind speeds for certain portions of the 
Atlantic and gulf coasts at the wind speed frequencies of occurrence 
considered in revision 1 of RG 1.76, ``Design-Basis Tornado and Tornado 
Missiles for Nuclear Power Plants,'' (ADAMS Accession No. ML070360253). 
The SSCs should be designed to withstand the effects of the design 
basis hurricane and hurricane generated missiles so that they remain 
functional. The NRC will also address these extreme conditions on a 
case-by-case basis.

II. Backfitting and Issue Finality

    This draft regulatory guide describes methods and procedures that 
the staff considers acceptable for use in identifying those SSCs of 
light-water-cooled reactors that should be protected from the effects 
of the worst case extreme winds and wind-generated missiles, so that 
they remain functional. Although not expressly stated in DG-1313, the 
regulatory guidance in this regulatory guide is directed at applicants 
for nuclear power reactor construction permits and operating licenses 
under part 50 of Title 10 of the Code of Federal Regulations (CFR), 
applicants for standard design certifications under subpart B of part 
52, and combined licenses under subpart C of part 52.
    This draft regulatory guide, if finalized, would 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, ``Licenses,

[[Page 52348]]

Certifications and Approvals for Nuclear Power Plants.'' Applicants and 
potential applicants are not, with certain exceptions, protected by 
either the Backfit Rule or any issue finality provisions under part 52. 
Neither the Backfit Rule nor the issue finality provisions under part 
52--with certain exclusions discussed below--were intended to every NRC 
action which substantially changes the expectations of current and 
future applicants. The exceptions to the general principle are 
applicable whenever a combined license applicant references a part 52 
license (i.e., an early site permit or a manufacturing license) and/or 
part 52 regulatory approval (i.e., a design certification rule or 
design approval. The staff does not, at this time, intend to impose the 
positions represented in the draft regulatory guide (if finalized) in a 
manner that is inconsistent with any issue finality provisions in these 
part 52 licenses and regulatory approvals. If, in the future, the staff 
seeks to impose a position in this regulatory guide (if finalized) in a 
manner which does not provide issue finality as described in the 
applicable issue finality provision, then the staff must address the 
issue finality criteria in the applicable issue finality provision (10 
CFR 52.63 for standard design certification rules, and 10 CFR 52.98 for 
combined licenses).
    Existing licensees and applicants of final design certification 
rules will not be required to follow the positions in DG-1313, if 
finalized, unless the licensee or design certification rule applicant 
seeks a voluntary change to its licensing basis with respect to the 
inclusion or exclusion of SSCs which must be protected against extreme 
winds and extreme wind effects. In such cases, backfitting and issue 
finality will not apply if the NRC determines that the safety review of 
the licensee or applicant-initiated change must include reconsideration 
of the methods and procedures used in identifying those SSCs. Further 
information on the staff's use of the draft regulatory guide, if 
finalized, is contained in the draft regulatory guide under Section D. 
Implementation.

    Dated at Rockville, Maryland, this 24th day of August, 2015.

    For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guidance and Generic Issues Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2015-21305 Filed 8-27-15; 8:45 am]
 BILLING CODE 7590-01-P