Security Exemptions/License Amendment Requests for Decommissioning Nuclear Power Plants, 62116-62118 [2015-26245]
Download as PDF
62116
Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
displays a currently valid OMB control
number.
SUPPLEMENTARY INFORMATION:
Title of Collection: Monitoring for the
National Science Foundation’s Math
and Science Partnership (MSP) Program.
OMB Control No.: 3145–0199.
1. Abstract
• This document has been prepared
to support the clearance of data
collection instruments to be used in the
evaluation of the Math and Science
Partnership (MSP) program. The goals
for the program are to (1) ensure that all
K–12 students have access to, are
prepared for, and are encouraged to
participate and succeed in challenging
curricula and advanced mathematics
and science courses; (2) enhance the
quality, quantity, and diversity of the K–
12 mathematics and science teacher
workforce; and (3) develop evidencebased outcomes that contribute to our
understanding of how students
effectively learn the knowledge, skills
and ways of thinking inherent in
mathematics, computer science,
engineering, and/or the natural sciences.
The motivational force for realizing
these goals is the formation of
partnerships between institutions of
higher education (IHEs) and K–12
school districts. The role of IHE content
faculty is the cornerstone of this
intervention. In fact, it is the rigorous
involvement of science, mathematics,
and engineering faculty—and the
expectation that both IHEs and K–12
school systems will be transformed—
that distinguishes MSP from other
education reform efforts.
• The components of the overall MSP
portfolio include active projects whose
initial awards were made in prior MSP
competitions: (1) Comprehensive
Partnerships that implement change in
mathematics and/or science educational
practices in both higher education
institutions and in schools and school
districts, resulting in improved student
achievement across the K–12
continuum; (2) Targeted Partnerships
that focus on improved K–12 student
achievement in a narrower grade range
or disciplinary focus within
mathematics or science; (3) Institute
Partnerships: Teacher Institutes for the
21st Century that focus on the
development of mathematics and
science teachers as school—and districtbased intellectual leaders and master
teachers; (4) Research, Evaluation and
Technical Assistance (RETA) projects
that build and enhance large-scale
research and evaluation capacity for all
MSP awardees and provide them with
tools and assistance in the
implementation and evaluation of their
VerDate Sep<11>2014
17:19 Oct 14, 2015
Jkt 238001
work; (5) MSP-Start Partnerships are for
awardees new to the MSP program,
especially from minority-serving
institutions, community colleges and
primarily undergraduate institutions, to
support the necessary data analysis,
project design, evaluation and team
building activities needed to develop a
full MSP Targeted or Institute
Partnership; and (6) Phase II
Partnerships for prior MSP Partnership
awardees focus on specific innovation
areas of their work where evidence of
significant positive impact is clearly
documented and where an investment
of additional resources and time would
produce more robust findings and
results.
The MSP monitoring information
system, comprised of eight web-based
surveys, collects a common core of data
about each component of MSP. The Web
application for MSP has been developed
with a modular design that incorporates
templates and self-contained code
modules for rapid development and
ease of modification. A downloadable
version will also be available for
respondents who prefer a paper version
that they can mail or fax to the external
contractor.
Use of the information: This
information is required for effective
program planning, administration,
communication, program and project
monitoring and evaluation, and for
measuring attainment of NSF’s program,
project and strategic goals; the Deficit
Reduction Act of 2005 (Pub. L. 109–171)
which established the Academic
Competitiveness (ACC). The MSP
program is also directly aligned with
two of NSF’s long-term investment
categories: (1) Transform the Frontiers
and (2) Innovate for Society.
2. Expected Respondents
The expected respondents are
principal investigators of all Targeted
and Institute partnership projects;
STEM and education faculty members
and administrators who participated in
MSP; school districts and IHEs that are
partners in an MSP project; and teachers
participating in Institute Partnerships.
3. Burden on the Public
Number of Respondents: 1936.
Burden of the Public: The estimated
total annual response burden for this
collection is 17,727 hours.
This figure is based upon the previous
3 years of collecting information under
this clearance and anticipated
collections. The average annual
reporting burden is estimated to be
between less than 1 and 50 hours per
respondent depending on whether a
respondent is a direct participant who is
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
self-reporting or representing a project
and reporting on behalf of many project
participants. The majority of
respondents (60%) are estimated to
require fewer than two hours to
complete the survey. The burden on the
public is negligible because the study is
limited to project participants that have
received funding from the MSP
Program.
Dated: October 8, 2015.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2015–26161 Filed 10–14–15; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2014–0255]
Security Exemptions/License
Amendment Requests for
Decommissioning Nuclear Power
Plants
Nuclear Regulatory
Commission.
ACTION: Interim staff guidance; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing Interim
Staff Guidance (ISG) NSIR/DSP–ISG–03,
‘‘Review of Security Exemptions/
License Amendment Requests for
Decommissioning Nuclear Power
Plants,’’ dated September 28, 2015. This
document provides guidance for NRC
staff to ensure clear and consistent
reviews of a licensee’s request for
licensing actions and amendments, the
use of alternative measures, and
requests for exemption from security
regulations for nuclear power reactors
after permanent cessation of plant
operations.
DATES: This ISG is effective on
November 16, 2015.
ADDRESSES: Please refer to Docket ID
NRC–2014–0255 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–2014–0255. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
SUMMARY:
E:\FR\FM\15OCN1.SGM
15OCN1
Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
(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 draft
NSIR/DSP–ISG–03, the final NSIR/DSP–
ISG–03, the public comments, and the
NRC staff’s responses to public
comments are available in ADAMS
under Accession Nos. ML14294A170,
ML15106A737, ML15042A208, and
ML15054A200, 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.
FOR FURTHER INFORMATION CONTACT:
Douglas Garner, Office of Nuclear
Security and Incident Response, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–287–0229; email: Douglas.Garner@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion
Currently, the power reactor physical
security requirements in part 73 of title
10 of the Code of Federal Regulations
(10 CFR) and the NRC security orders
that apply to licensees of nuclear power
reactors under 10 CFR part 50 apply
equally to operating and
decommissioning power reactor
licensees; the 10 CFR part 50 license is
retained after permanent cessation of
operations and removal of fuel from the
reactor vessel. The NRC recognizes that
licensees that have permanently ceased
operations and have no fuel in the
reactor vessel present a significantly
reduced risk to public health and safety
compared with operating reactors.
Because of the lower comparative risk
from a decommissioning power reactor,
licensees typically request exemptions
from regulatory requirements on the
basis that the application of a specific
regulation in the particular
circumstance of decommissioning
plants is not necessary to achieve the
underlying purpose of the regulations
and orders.
Licensees have historically used the
NRC’s existing license amendment and
exemption processes to propose tailored
security requirements for site-specific
conditions at a decommissioning
facility. Licensees must follow the
process outlined in 10 CFR 73.5 when
VerDate Sep<11>2014
17:19 Oct 14, 2015
Jkt 238001
applying for exemptions from security
regulations.
This ISG provides guidance to NRC
staff in processing requests for license
amendments and exemptions from the
security requirements for nuclear power
reactors that are undergoing
decommissioning. Use of this ISG
would result in consistent and timely
reviews of requests for exemption from
certain security regulations.
II. Public Comments
A draft ISG was published for public
comment in the Federal Register on
December 2, 2014 (79 FR 71458). The
public comment period closed on
January 8, 2015. The NRC received 37
separate comments on the draft ISG in
three submissions from members of the
nuclear industry. None of the comments
received resulted in substantive changes
being made to the ISG. One submission
from the nuclear industry provided
editorial comments and comments for
clarification.
III. Changes to the ISG
This ISG was revised from the draft
that appeared in the Federal Register on
December 2, 2014. Editorial changes
based on public comments are described
in the NRC staff’s responses to public
comments. The ISG was also revised to
provide clarification to staff regarding
internal NRC processing.
IV. Congressional Review Act
This ISG, NSIR/DSP–ISG–03 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.
V. Backfitting and Issue Finality
The NRC is issuing interim guidance
for the NRC staff regarding its review of
requests from licensees of
decommissioning nuclear power plants
for license amendments, alternative
measures, and exemptions from specific
security requirements in 10 CFR part 73.
Issuance of the ISG 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’s
position is based upon the following
considerations.
1. The ISG positions do not constitute
backfitting, inasmuch as the ISG is
internal guidance to NRC staff.
The ISG provides interim guidance to
the staff on how to review certain
requests for exemption, alternative
measures, or license amendments.
Changes in internal staff guidance are
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
62117
not matters for which applicants or
licensees are protected under 10 CFR
50.109 or issue finality provisions in 10
CFR part 52.
2. The staff has no intention to
impose the ISG on existing nuclear
power plant licenses or holders of
regulatory approvals either now or in
the future (absent a voluntary request
for change from the licensee or holder
of a regulatory approval).
The staff does not intend to impose or
apply the positions described in the ISG
to existing (already issued) licenses
(e.g., operating licenses and combined
licenses) and regulatory approvals.
Hence, the ISG—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 ISG 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
showing as set forth in the Backfit Rule,
or address the criteria for avoiding issue
finality as described in the applicable
issue finality provision, as applicable.
3. Backfitting and issue finality do
not—with limited exceptions not
applicable here—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 under 10 CFR part 52—with
certain exclusions discussed below—
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, 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 that 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.
Dated at Rockville, Maryland, this 30th day
of September, 2015.
E:\FR\FM\15OCN1.SGM
15OCN1
62118
Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Notices
For the Nuclear Regulatory Commission.
Christiana Lui,
Director, Division of Security Policy, Office
of Nuclear Security and Incident Response.
[FR Doc. 2015–26245 Filed 10–14–15; 8:45 am]
BILLING CODE 7590–01–P
Schedule, a Statement of Supporting
Justification, a certification of
compliance with 39 U.S.C. 3633(a), and
an application for non-public treatment
of certain materials. It also filed
supporting financial workpapers.
II. Notice of Commission Action
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2016–1 and CP2016–1;
Order No. 2748]
New Postal Product
Postal Regulatory Commission.
ACTION: Notice.
AGENCY:
The Commission is noticing a
recent Postal Service filing concerning
the addition of Priority Mail Contract
145 negotiated service agreement to the
competitive product list. This notice
informs the public of the filing, invites
public comment, and takes other
administrative steps.
DATES: Comments are due: October 15,
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
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
mstockstill on DSK4VPTVN1PROD with NOTICES
I. Introduction
II. Notice of Commission Action
III. Ordering Paragraphs
I. Introduction
In accordance with 39 U.S.C. 3642
and 39 CFR 3020.30 et seq., the Postal
Service filed a formal request and
associated supporting information to
add Priority Mail Contract 145 to the
competitive product list.1
The Postal Service
contemporaneously filed a redacted
contract related to the proposed new
product under 39 U.S.C. 3632(b)(3) and
39 CFR 3015.5. Request, Attachment B.
To support its Request, the Postal
Service filed a copy of the contract, a
copy of the Governors’ Decision
authorizing the product, proposed
changes to the Mail Classification
1 Request of the United States Postal Service to
Add Priority Mail Contract 145 to Competitive
Product List and Notice of Filing (Under Seal) of
Unredacted Governors’ Decision, Contract, and
Supporting Data, October 7, 2015 (Request).
VerDate Sep<11>2014
17:19 Oct 14, 2015
Jkt 238001
The Commission establishes Docket
Nos. MC2016–1 and CP2016–1 to
consider the Request pertaining to the
proposed Priority Mail Contract 145
product and the related contract,
respectively.
The Commission invites comments on
whether the Postal Service’s filings in
the captioned dockets are consistent
with the policies of 39 U.S.C. 3632,
3633, or 3642, 39 CFR part 3015, and 39
CFR part 3020, subpart B. Comments are
due no later than October 15, 2015. The
public portions of these filings can be
accessed via the Commission’s Web site
(https://www.prc.gov).
The Commission appoints Lyudmila
Y. Bzhilyanskaya to serve as Public
Representative in these dockets.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket
Nos. MC2016–1 and CP2016–1 to
consider the matters raised in each
docket.
2. Pursuant to 39 U.S.C. 505,
Lyudmila Y. Bzhilyanskaya is appointed
to serve as an officer of the Commission
to represent the interests of the general
public in these proceedings (Public
Representative).
3. Comments are due no later than
October 15, 2015.
4. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Ruth Ann Abrams,
Acting Secretary.
BILLING CODE 7710–FW–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2016–4 and CP2016–4;
Order No. 2747]
New Postal Product
Postal Regulatory Commission.
Notice.
AGENCY:
The Commission is noticing a
recent Postal Service filing concerning
the addition of Priority Mail Contract
147 negotiated service agreement. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
SUMMARY:
PO 00000
Frm 00107
Fmt 4703
Comments are due: October 15,
2015.
Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Notice of Commission Action
III. Ordering Paragraphs
I. Introduction
In accordance with 39 U.S.C. 3642
and 39 CFR 3020.30 et seq., the Postal
Service filed a formal request and
associated supporting information to
add Priority Mail Contract 147 to the
competitive product list.1
The Postal Service
contemporaneously filed a redacted
contract related to the proposed new
product under 39 U.S.C. 3632(b)(3) and
39 CFR 3015.5. Request, Attachment B.
To support its Request, the Postal
Service filed a copy of the contract, a
copy of the Governors’ Decision
authorizing the product, proposed
changes to the Mail Classification
Schedule, a Statement of Supporting
Justification, a certification of
compliance with 39 U.S.C. 3633(a), and
an application for non-public treatment
of certain materials. It also filed
supporting financial workpapers.
II. Notice of Commission Action
[FR Doc. 2015–26131 Filed 10–14–15; 8:45 am]
ACTION:
DATES:
Sfmt 4703
The Commission establishes Docket
Nos. MC2016–4 and CP2016–4 to
consider the Request pertaining to the
proposed Priority Mail Contract 147
product and the related contract,
respectively.
The Commission invites comments on
whether the Postal Service’s filings in
the captioned dockets are consistent
with the policies of 39 U.S.C. 3632,
3633, or 3642, 39 CFR part 3015, and 39
CFR part 3020, subpart B. Comments are
due no later than October 15, 2015. The
public portions of these filings can be
accessed via the Commission’s Web site
(https://www.prc.gov).
1 Request of the United States Postal Service to
Add Priority Mail Contract 147 to Competitive
Product List and Notice of Filing (Under Seal) of
Unredacted Governors’ Decision, Contract, and
Supporting Data, October 7, 2015 (Request).
E:\FR\FM\15OCN1.SGM
15OCN1
Agencies
[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Notices]
[Pages 62116-62118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26245]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2014-0255]
Security Exemptions/License Amendment Requests for
Decommissioning Nuclear Power Plants
AGENCY: Nuclear Regulatory Commission.
ACTION: Interim staff guidance; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing
Interim Staff Guidance (ISG) NSIR/DSP-ISG-03, ``Review of Security
Exemptions/License Amendment Requests for Decommissioning Nuclear Power
Plants,'' dated September 28, 2015. This document provides guidance for
NRC staff to ensure clear and consistent reviews of a licensee's
request for licensing actions and amendments, the use of alternative
measures, and requests for exemption from security regulations for
nuclear power reactors after permanent cessation of plant operations.
DATES: This ISG is effective on November 16, 2015.
ADDRESSES: Please refer to Docket ID NRC-2014-0255 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-2014-0255. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
NRC's Agencywide Documents Access and Management System
[[Page 62117]]
(ADAMS): You may obtain publicly-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
draft NSIR/DSP-ISG-03, the final NSIR/DSP-ISG-03, the public comments,
and the NRC staff's responses to public comments are available in ADAMS
under Accession Nos. ML14294A170, ML15106A737, ML15042A208, and
ML15054A200, 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.
FOR FURTHER INFORMATION CONTACT: Douglas Garner, Office of Nuclear
Security and Incident Response, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-287-0229; email:
Douglas.Garner@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion
Currently, the power reactor physical security requirements in part
73 of title 10 of the Code of Federal Regulations (10 CFR) and the NRC
security orders that apply to licensees of nuclear power reactors under
10 CFR part 50 apply equally to operating and decommissioning power
reactor licensees; the 10 CFR part 50 license is retained after
permanent cessation of operations and removal of fuel from the reactor
vessel. The NRC recognizes that licensees that have permanently ceased
operations and have no fuel in the reactor vessel present a
significantly reduced risk to public health and safety compared with
operating reactors. Because of the lower comparative risk from a
decommissioning power reactor, licensees typically request exemptions
from regulatory requirements on the basis that the application of a
specific regulation in the particular circumstance of decommissioning
plants is not necessary to achieve the underlying purpose of the
regulations and orders.
Licensees have historically used the NRC's existing license
amendment and exemption processes to propose tailored security
requirements for site-specific conditions at a decommissioning
facility. Licensees must follow the process outlined in 10 CFR 73.5
when applying for exemptions from security regulations.
This ISG provides guidance to NRC staff in processing requests for
license amendments and exemptions from the security requirements for
nuclear power reactors that are undergoing decommissioning. Use of this
ISG would result in consistent and timely reviews of requests for
exemption from certain security regulations.
II. Public Comments
A draft ISG was published for public comment in the Federal
Register on December 2, 2014 (79 FR 71458). The public comment period
closed on January 8, 2015. The NRC received 37 separate comments on the
draft ISG in three submissions from members of the nuclear industry.
None of the comments received resulted in substantive changes being
made to the ISG. One submission from the nuclear industry provided
editorial comments and comments for clarification.
III. Changes to the ISG
This ISG was revised from the draft that appeared in the Federal
Register on December 2, 2014. Editorial changes based on public
comments are described in the NRC staff's responses to public comments.
The ISG was also revised to provide clarification to staff regarding
internal NRC processing.
IV. Congressional Review Act
This ISG, NSIR/DSP-ISG-03 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.
V. Backfitting and Issue Finality
The NRC is issuing interim guidance for the NRC staff regarding its
review of requests from licensees of decommissioning nuclear power
plants for license amendments, alternative measures, and exemptions
from specific security requirements in 10 CFR part 73. Issuance of the
ISG 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's position is based upon the
following considerations.
1. The ISG positions do not constitute backfitting, inasmuch as the
ISG is internal guidance to NRC staff.
The ISG provides interim guidance to the staff on how to review
certain requests for exemption, alternative measures, or license
amendments. Changes in internal staff guidance are not matters for
which applicants or licensees are protected under 10 CFR 50.109 or
issue finality provisions in 10 CFR part 52.
2. The staff has no intention to impose the ISG on existing nuclear
power plant licenses or holders of regulatory approvals either now or
in the future (absent a voluntary request for change from the licensee
or holder of a regulatory approval).
The staff does not intend to impose or apply the positions
described in the ISG to existing (already issued) licenses (e.g.,
operating licenses and combined licenses) and regulatory approvals.
Hence, the ISG--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 ISG 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 showing as set
forth in the Backfit Rule, or address the criteria for avoiding issue
finality as described in the applicable issue finality provision, as
applicable.
3. Backfitting and issue finality do not--with limited exceptions
not applicable here--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 under 10 CFR part 52--with
certain exclusions discussed below--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, 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 that 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.
Dated at Rockville, Maryland, this 30th day of September, 2015.
[[Page 62118]]
For the Nuclear Regulatory Commission.
Christiana Lui,
Director, Division of Security Policy, Office of Nuclear Security and
Incident Response.
[FR Doc. 2015-26245 Filed 10-14-15; 8:45 am]
BILLING CODE 7590-01-P