Conduct of Operations, 71117-71119 [2016-24887]
Download as PDF
Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices
I. Background
On May 27, 2015 (80 FR 30285), the
NRC published for public comment a
proposed revision of Section 2.0, ‘‘Site
Characteristics and Site Parameters’’ of
NUREG–0800, ‘‘Standard Review Plan
(SRP) for the Review of Safety Analysis
Reports for Nuclear Power Plants: LWR
Edition.’’ The staff received comments
on the draft section. After consideration
of comments received on the proposed
revision, the NRC staff reformatted
guidance for the review of nonsafetyrelated structures, systems, and
components (SSCs) into a tabular
format, and separated it from the core
review guidance used for review of
safety-related SSCs. A summary of
comments received and the staff’s
disposition of the comments are
available in a separate document
entitled, ‘‘Response to Public Comments
on Draft Standard Review Plan, Section
2, ‘Site Characteristics and Site
Parameters’’’ (ADAMS Accession No.
ML15279A093).
rmajette on DSK2TPTVN1PROD with NOTICES
II. Backfitting and Issue Finality
Section 2 provides guidance to the
staff for reviewing applications for a
construction permit and an operating
license under part 50 of title 10 of the
Code of Federal Regulations (10 CFR)
with respect to systems associated with
site characteristics and site parameters.
SRP Section 2 also provides guidance
for reviewing an application for a
standard design approval, a standard
design certification, a combined license,
and a manufacturing license under 10
CFR part 52 with respect to the same
subject matters.
Issuance of this SRP section revision
does not constitute backfitting as
defined in 10 CFR 50.109 (the Backfit
Rule) nor is it inconsistent with the
issue finality provisions in 10 CFR part
52. The NRC’s position is based upon
the following considerations.
1. The SRP positions would not
constitute backfitting, inasmuch as the
SRP is internal guidance to NRC staff.
The SRP provides internal guidance
to the NRC staff on how to review an
application for NRC regulatory approval
in the form of licensing. Changes in
internal staff guidance are not matters
for which either nuclear power plant
applicants or licensees are protected
under either the Backfit Rule or the
issue finality provisions of 10 CFR part
52.
2. The NRC staff has no intention to
impose the SRP positions on existing
licensees either now or in the future.
The NRC staff does not intend to
impose or apply the positions described
in the SRP to existing licenses and
VerDate Sep<11>2014
14:29 Oct 13, 2016
Jkt 241001
regulatory approvals. Hence, the
issuance of this SRP—even if
considered guidance within the purview
of the issue finality provisions in 10
CFR part 52—does not need to be
evaluated as if it were a backfit or as
being inconsistent with issue finality
provisions. If, in the future, the NRC
staff seeks to impose a position in the
SRP on holders of already issued
licenses in a manner that does not
provide issue finality as described in the
applicable issue finality provision, then
the staff must make the showing as set
forth in the Backfit Rule or address the
criteria for avoiding issue finality as
described in the applicable issue finality
provision.
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. Neither the Backfit Rule
nor the issue finality provisions under
10 CFR part 52—with certain
exclusions—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) or
NRC regulatory approval (e.g., a design
certification rule) with specified issue
finality provisions. The NRC staff does
not, at this time, intend to impose the
positions represented in the SRP in a
manner that is inconsistent with any
issue finality provisions. If, in the
future, the staff seeks to impose a
position in the SRP section 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.
III. Congressional Review Act
This action is a rule as defined in the
Congressional Review Act (5 U.S.C.
801–808). However, the Office of
Management and Budget has not found
it to be a major rule as defined in the
Congressional Review Act.
Dated at Rockville, Maryland, this 11th day
of October 2016.
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
71117
For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, New Reactor Rulemaking and
Guidance Branch, Division of Engineering,
Infrastruture and Advanced Reactors, Office
of New Reactors.
[FR Doc. 2016–24859 Filed 10–13–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2012–0314; NRC–2013–0149; NRC–
2014–0099; NRC–2014–0101]
Conduct of Operations
Nuclear Regulatory
Commission.
ACTION: Standard review plan—final
section revision; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing final
revisions to Section 13.6.4, ‘‘Access
Authorization—Operational Program;’’
Section 13.7, ‘‘Fitness-for-Duty;’’
Section 13.7.1, ‘‘Fitness-for-Duty—
Operational Program;’’ Section 13.7.2,
‘‘Fitness for Duty—Construction;’’ and
Section 13.6.3, ‘‘Physical Security—
Operational Program—Early Site
Permits and Reactor Siting Criteria;’’ of
NUREG–0800, ‘‘Standard Review Plan
for the Review of Safety Analysis
Reports for Nuclear Power Plants: LWR
Edition.’’
DATES: The effective date of these SRP
section revisions is November 14, 2016.
ADDRESSES: Please refer to Docket IDs
NRC–2012–0314 for SRP Section 13.6.4,
NRC–2013–0149 for SRP Sections 13.7
and 13.7.1, NRC–2014–0099 for SRP
Section 13.7.2, and NRC–2014–0101 for
SRP Section 13.6.3 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 IDs NRC–2012–0314 (for SRP
Section 13.6.4), NRC–2013–0149 (for
SRP Sections 13.7 and 13.7.1), NRC–
2014–0099 (for SRP Section 13.7.2), and
NRC–2014–0101 (for SRP Section
13.6.3). 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
(ADAMS): You may obtain publiclyavailable documents online in the
SUMMARY:
E:\FR\FM\14OCN1.SGM
14OCN1
71118
Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices
rmajette on DSK2TPTVN1PROD with NOTICES
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 in this document
(if that document is 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. The NUREG–
0800 is available on the NRC’s public
Web site at https://www.nrc.gov/readingrm/doc-collections/nuregs/staff/sr0800/.
• 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 Notich, Office of New Reactors,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–3053; email: Mark.Notich@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 31, 2012 (77 FR 77117),
the NRC published for public comment
the proposed revision to Section 13.6.4,
‘‘Access Authorization—Operational
Program’’ (ADAMS Accession No.
ML12125A098). On July 16, 2013 (78 FR
42558), the NRC published for public
comment the proposed revision to
Section 13.7, ‘‘Fitness-for-Duty;’’ and
Section 13.7.1, ‘‘Fitness-for-Duty—
Operational Program’’ (ADAMS
Accession Nos. ML113250516 and
ML113250541, respectively). On May 5,
2014 (79 FR 25627), the NRC published
for public comment the proposed
revision to Section 13.6.3, ‘‘Physical
Security—Early Site Permit and Reactor
Siting Criteria’’ (ADAMS Accession No.
ML13059A367). Also on May 5, 2014
(79 FR 25628), the NRC published for
public comment the proposed revision
to Section 13.7.2, ‘‘Fitness-for-Duty—
Construction’’ (ADAMS Accession No.
ML113270035).
The NRC staff received comments on
the proposed revision to SRP Section
13.6.4. A summary of the comments and
the NRC staff’s disposition of the
VerDate Sep<11>2014
14:29 Oct 13, 2016
Jkt 241001
comments are available in a separate
document entitled, ‘‘Response to Public
Comments on Draft Standard Review
Plan (SRP) 13.6.4: Access
Authorization—Operational Program’’
(ADAMS Accession No. ML13270A111).
Therefore, the NRC is issuing this
revised section of the SRP in final form
for use.
The NRC did not receive comments
on the proposed revisions to SRP
Sections 13.6.3, 13.7, 13.7.1, and 13.7.2.
Therefore, the NRC is issuing these
revised sections of the SRP in final form
for use.
There have been minor editorial
changes to these sections since their
issuance in proposed form for public
comment. Details on the specific
changes are included in the redline
strikeout documents referenced in
Section IV, ‘‘Availability of
Documents,’’ of this document.
II. Backfitting and Issue Finality
Issuance of these revised SRP sections
does not constitute backfitting as
defined in § 50.109 of title 10 of the
Code of Federal Regulations (10 CFR),
‘‘Backfitting,’’ (the Backfit Rule) or
otherwise be inconsistent with the issue
finality provisions in 10 CFR part 52.
The NRC’s position is based upon the
following considerations:
1. The SRP positions do not constitute
backfitting, inasmuch as the SRP is
internal guidance directed at the NRC
staff with respect to their regulatory
responsibilities.
The SRP provides guidance to the
NRC staff on how to review an
application for NRC regulatory approval
in the form of licensing. Changes in
internal NRC staff guidance are not
matters for which either nuclear power
plant applicants or licensees are
protected under either the Backfit Rule
or the issue finality provisions of 10
CFR part 52.
2. The NRC staff has no intention to
impose the SRP positions on existing
nuclear power plant licenses or
regulatory approvals either now or in
the future (absent a voluntary request
for change from the licensee, holder of
a regulatory approval, or a design
certification applicant).
The NRC staff does not intend to
impose or apply the positions described
in the SRP to existing (already issued)
licenses and regulatory approvals.
Therefore, the issuance of a final SRP—
even if considered guidance that is
within the purview of the issue finality
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
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 NRC
staff seeks to impose a position in the
SRP on holders of already issued
licenses in a manner which does not
provide issue finality as described in the
applicable issue finality provision, then
the NRC 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.
3. Backfitting and issue finality—with
limited exceptions not applicable here—
do not protect current or future
applicants.
Applicants and potential applicants
are not, with certain exceptions,
protected by either the Backfit Rule or
any issue finality provisions under 10
CFR part 52. This is because neither the
Backfit Rule nor the issue finality
provisions under 10 CFR part 52—with
certain exclusions discussed in the next
paragraph—were intended to apply to
every NRC action which substantially
changes the expectations of current and
future applicants.
The exceptions to the general
principle are applicable whenever an
applicant references a 10 CFR part 52
license (e.g., an early site permit) and/
or NRC regulatory approval (e.g., a
design certification rule) with specified
issue finality provisions. The NRC staff
does not currently intend to impose the
positions represented in these SRP
sections in a manner that is inconsistent
with any issue finality provisions. If, in
the future, the NRC staff seeks to impose
a position in the SRP in a manner which
does not provide issue finality as
described in the applicable issue finality
provision, then the NRC staff must
address the criteria for avoiding issue
finality as described in the applicable
issue finality provision.
III. Congressional Review Act
These SRP section revisions are 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.
IV. Availability of Documents
The documents identified in the
following table are available to
interested persons as indicated.
E:\FR\FM\14OCN1.SGM
14OCN1
71119
Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices
Final revision
ADAMS accession
No.
SRP section
13.6.3 .........................................................................................................................
13.6.4 .........................................................................................................................
13.7 ............................................................................................................................
13.7.1 .........................................................................................................................
13.7.2 .........................................................................................................................
Dated at Rockville, Maryland, this 6th day
of October 2016.
For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, New Reactor Rulemaking and
Guidance Branch, Division of Engineering,
Infrastructure, and Advanced Reactors, Office
of New Reactors.
[FR Doc. 2016–24887 Filed 10–13–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 040–08964; License No. SUA–
1548; EA–16–051; NRC–2016–0211]
In the Matter of Power Resources, Inc.
Nuclear Regulatory
Commission.
ACTION: Confirmatory order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a
confirmatory order to Power Resources,
Inc., confirming agreements reached in
an alternative dispute resolution
mediation session held on September
22, 2016. As part of the agreement,
Power Resources, Inc., will conduct
annual meetings among key
management, radiation safety officer,
facility managers, and other appropriate
technical personnel to provide
assurance that management understands
the requirements of a radiation
protection program are being met; will
provide training which will emphasize
the importance of complete and
accurate information for all required
records, correspondence, and
communications with the NRC and its
staff; and will have a qualified member
of the heath physics staff available at
any of its facilities when equipment is
being released from a radiologicallycontrolled are to an unrestricted area.
DATES: The confirmatory order was
issued on September 30, 2016.
ADDRESSES: Please refer to Docket ID
NRC–2016–0211 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:
rmajette on DSK2TPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
14:29 Oct 13, 2016
Jkt 241001
ML15061A471
ML15226A009
ML15111A091
ML15111A036
ML15111A034
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0211. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
questions about the 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/
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
it is mentioned in 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.
John
Kramer, Region IV, U.S. Nuclear
Regulatory Commission, 1600 E. Lamar
Blvd., Arlington, TX 76011–4511;
telephone: 817–200–1121; email:
John.Kramer@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
The text of
the Order is attached.
Dated at Arlington, Texas, this 30th day of
September 2016.
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
Current draft
revision ADAMS
accession No.
ML13059A367
ML12125A098
ML113250516
ML113250541
ML113270035
Redline strikeout
ADAMS accession
No.
ML15226A059
ML15111A201
ML15111A057
ML15226A098
ML15226A168
For the Nuclear Regulatory Commission.
Kriss M. Kennedy,
Regional Administrator.
ATTACHMENT—CONFIRMATORY ORDER
MODIFYING LICENSE
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of Power Resources, Inc.
[Docket No. 040–08964; License No. SUA–
1548]
EA–16–051
CONFIRMATORY ORDER MODIFYING
LICENSE
(EFFECTIVE UPON ISSUANCE)
I
Power Resources, Inc. (PRI or Licensee), is
the holder of Source Material License SUA–
1548 issued on May 8, 2001, by the U.S.
Nuclear Regulatory Commission (NRC or
Commission) pursuant to Part 40 of Title 10
of the Code of Federal Regulations (10 CFR).
The license authorizes the operation of PRI’s
North Butte satellite facility in accordance
with conditions specified therein. The
facility is located on the licensee’s site in
Campbell County, Wyoming.
This Confirmatory Order is the result of an
agreement reached during an alternative
dispute resolution (ADR) mediation session
conducted on September 22, 2016.
II
On June 27, 2014, the NRC’s Office of
Investigations (OI), initiated an investigation
(OI Case No. 4–2014–034) at PRI’s North
Butte satellite facility. Based on the evidence
developed during its investigation, the NRC
identified apparent violations of 10 CFR
20.1501, ‘‘Surveys and Monitoring—
General,’’ and 10 CFR 40.9, ‘‘Completeness
and accuracy of information,’’ as well as, two
apparent violations of License Condition 9.3
of License SUA 1548, Amendment 18, dated
March 27, 2013, which includes the
requirement that the licensee conduct its
operations in accordance with Volume 1,
Chapter 9, ‘‘Management Control
Procedures,’’ of the licensee’s application
dated May 6, 2003, as amended based on
letter dated March 20, 2008. In addition,
based on OI’s investigative results, the NRC
is concerned that willfulness may be
associated with the apparent violation
involving the failure to maintain accurate
records of contamination exit surveys. By
letter dated August 24, 2016, the NRC
notified PRI of the results of the investigation
and provided an opportunity to: (1) Provide
a response in writing, (2) attend a
E:\FR\FM\14OCN1.SGM
14OCN1
Agencies
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71117-71119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24887]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2012-0314; NRC-2013-0149; NRC-2014-0099; NRC-2014-0101]
Conduct of Operations
AGENCY: Nuclear Regulatory Commission.
ACTION: Standard review plan--final section revision; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing final
revisions to Section 13.6.4, ``Access Authorization--Operational
Program;'' Section 13.7, ``Fitness-for-Duty;'' Section 13.7.1,
``Fitness-for-Duty--Operational Program;'' Section 13.7.2, ``Fitness
for Duty--Construction;'' and Section 13.6.3, ``Physical Security--
Operational Program--Early Site Permits and Reactor Siting Criteria;''
of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis
Reports for Nuclear Power Plants: LWR Edition.''
DATES: The effective date of these SRP section revisions is November
14, 2016.
ADDRESSES: Please refer to Docket IDs NRC-2012-0314 for SRP Section
13.6.4, NRC-2013-0149 for SRP Sections 13.7 and 13.7.1, NRC-2014-0099
for SRP Section 13.7.2, and NRC-2014-0101 for SRP Section 13.6.3 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 IDs NRC-2012-0314 (for SRP
Section 13.6.4), NRC-2013-0149 (for SRP Sections 13.7 and 13.7.1), NRC-
2014-0099 (for SRP Section 13.7.2), and NRC-2014-0101 (for SRP Section
13.6.3). 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
(ADAMS): You may obtain publicly-available documents online in the
[[Page 71118]]
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 in this document
(if that document is 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. The NUREG-0800 is available on
the NRC's public Web site at https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/.
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 Notich, Office of New Reactors,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-415-3053; email: Mark.Notich@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 31, 2012 (77 FR 77117), the NRC published for public
comment the proposed revision to Section 13.6.4, ``Access
Authorization--Operational Program'' (ADAMS Accession No. ML12125A098).
On July 16, 2013 (78 FR 42558), the NRC published for public comment
the proposed revision to Section 13.7, ``Fitness-for-Duty;'' and
Section 13.7.1, ``Fitness-for-Duty--Operational Program'' (ADAMS
Accession Nos. ML113250516 and ML113250541, respectively). On May 5,
2014 (79 FR 25627), the NRC published for public comment the proposed
revision to Section 13.6.3, ``Physical Security--Early Site Permit and
Reactor Siting Criteria'' (ADAMS Accession No. ML13059A367). Also on
May 5, 2014 (79 FR 25628), the NRC published for public comment the
proposed revision to Section 13.7.2, ``Fitness-for-Duty--Construction''
(ADAMS Accession No. ML113270035).
The NRC staff received comments on the proposed revision to SRP
Section 13.6.4. A summary of the comments and the NRC staff's
disposition of the comments are available in a separate document
entitled, ``Response to Public Comments on Draft Standard Review Plan
(SRP) 13.6.4: Access Authorization--Operational Program'' (ADAMS
Accession No. ML13270A111). Therefore, the NRC is issuing this revised
section of the SRP in final form for use.
The NRC did not receive comments on the proposed revisions to SRP
Sections 13.6.3, 13.7, 13.7.1, and 13.7.2. Therefore, the NRC is
issuing these revised sections of the SRP in final form for use.
There have been minor editorial changes to these sections since
their issuance in proposed form for public comment. Details on the
specific changes are included in the redline strikeout documents
referenced in Section IV, ``Availability of Documents,'' of this
document.
II. Backfitting and Issue Finality
Issuance of these revised SRP sections does not constitute
backfitting as defined in Sec. 50.109 of title 10 of the Code of
Federal Regulations (10 CFR), ``Backfitting,'' (the Backfit Rule) or
otherwise be inconsistent with the issue finality provisions in 10 CFR
part 52. The NRC's position is based upon the following considerations:
1. The SRP positions do not constitute backfitting, inasmuch as the
SRP is internal guidance directed at the NRC staff with respect to
their regulatory responsibilities.
The SRP provides guidance to the NRC staff on how to review an
application for NRC regulatory approval in the form of licensing.
Changes in internal NRC staff guidance are not matters for which either
nuclear power plant applicants or licensees are protected under either
the Backfit Rule or the issue finality provisions of 10 CFR part 52.
2. The NRC staff has no intention to impose the SRP positions on
existing nuclear power plant licenses or regulatory approvals either
now or in the future (absent a voluntary request for change from the
licensee, holder of a regulatory approval, or a design certification
applicant).
The NRC staff does not intend to impose or apply the positions
described in the SRP to existing (already issued) licenses and
regulatory approvals. Therefore, the issuance of a final SRP--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 NRC staff seeks to impose a position in the SRP on
holders of already issued licenses in a manner which does not provide
issue finality as described in the applicable issue finality provision,
then the NRC 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.
3. Backfitting and issue finality--with limited exceptions not
applicable here--do not protect current or future applicants.
Applicants and potential applicants are not, with certain
exceptions, protected by either the Backfit Rule or any issue finality
provisions under 10 CFR part 52. This is because neither the Backfit
Rule nor the issue finality provisions under 10 CFR part 52--with
certain exclusions discussed in the next paragraph--were intended to
apply to every NRC action which substantially changes the expectations
of current and future applicants.
The exceptions to the general principle are applicable whenever an
applicant references a 10 CFR part 52 license (e.g., an early site
permit) and/or NRC regulatory approval (e.g., a design certification
rule) with specified issue finality provisions. The NRC staff does not
currently intend to impose the positions represented in these SRP
sections in a manner that is inconsistent with any issue finality
provisions. If, in the future, the NRC staff seeks to impose a position
in the SRP in a manner which does not provide issue finality as
described in the applicable issue finality provision, then the NRC
staff must address the criteria for avoiding issue finality as
described in the applicable issue finality provision.
III. Congressional Review Act
These SRP section revisions are 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.
IV. Availability of Documents
The documents identified in the following table are available to
interested persons as indicated.
[[Page 71119]]
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Final revision Current draft Redline strikeout
SRP section ADAMS accession revision ADAMS ADAMS accession
No. accession No. No.
----------------------------------------------------------------------------------------------------------------
13.6.3................................................. ML15061A471 ML13059A367 ML15226A059
13.6.4................................................. ML15226A009 ML12125A098 ML15111A201
13.7................................................... ML15111A091 ML113250516 ML15111A057
13.7.1................................................. ML15111A036 ML113250541 ML15226A098
13.7.2................................................. ML15111A034 ML113270035 ML15226A168
----------------------------------------------------------------------------------------------------------------
Dated at Rockville, Maryland, this 6th day of October 2016.
For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, New Reactor Rulemaking and Guidance Branch, Division of
Engineering, Infrastructure, and Advanced Reactors, Office of New
Reactors.
[FR Doc. 2016-24887 Filed 10-13-16; 8:45 am]
BILLING CODE 7590-01-P