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
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