Advanced Light-Water Reactor Probabilistic Risk Assessment, 87083-87085 [2016-28962]
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Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices
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[FR Doc. 2016–28981 Filed 12–1–16; 8:45 am]
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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[FR Doc. 2016–28964 Filed 12–1–16; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2014–0254]
Advanced Light-Water Reactor
Probabilistic Risk Assessment
Nuclear Regulatory
Commission.
ACTION: Interim staff guidance; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing Interim
Staff Guidance (ISG), DC/COL–ISG–028,
‘‘Assessing the Technical Adequacy of
the Advanced Light-Water Reactor
Probabilistic Risk Assessment for the
Design Certification Application and
Combined License Application.’’ The
purpose of this ISG is to provide
guidance for assessing the technical
adequacy of the probabilistic risk
assessment (PRA) needed for advanced
light-water reactor (ALWR) design
certification (DC) and combined license
(COL) applications. This guidance
addresses only the typical conditions for
the DC and COL application.
DATES: The DC/COL–ISG–028 is
available on December 2, 2016.
ADDRESSES: Please refer to Docket ID
NRC–2014–0254 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.
SUMMARY:
PO 00000
Frm 00067
Fmt 4703
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87083
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0254. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. For the
convenience of the reader, the ADAMS
accession numbers are provided in a
table in the ‘‘Availability of Documents’’
section of this document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
• NRC’s Public Web site: NRC posts
its issued staff guidance at https://
www.nrc.gov/reading-rm/doccollections/isg.
FOR FURTHER INFORMATION CONTACT:
Mark Lintz, Office of New Reactors, U.S.
Nuclear Regulatory Commission,
Washington DC 20555–0001; telephone:
301–415–4051; email: Mark.Lintz@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC is issuing DC/COL–ISG–028,
‘‘Assessing the Technical Adequacy of
the Advanced Light-Water Reactor
Probabilistic Risk Assessment for the
Design Certification Application and
Combined License Application,’’ to
provide specific review guidance for
assessing the technical adequacy of the
PRA needed for an application for a DC
of an ALWR under part 52 of title 10 of
the Code of Federal Regulations (10
CFR), ‘‘Licenses, Certifications, and
Approvals for Nuclear Power Plants,’’
specifically 10 CFR 52.47(a)(27). This
ISG will also apply to an application for
a COL under 10 CFR 52.79(a)(46).
Specifically, this guidance addresses
how these applicants can use American
Society of Mechanical Engineers/
American Nuclear Society (ASME/ANS)
RA-Sa-2009, ‘‘Addenda to ASME/ANS
RA–S–2008 Standard for Level 1/Large
E:\FR\FM\02DEN1.SGM
02DEN1
87084
Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices
Early Release Frequency Probabilistic
Risk Assessment for Nuclear Power
Plant Applications,’’ (the PRA
Standard), as endorsed by NRC’s
Regulatory Guide (RG) 1.200, Revision
2, ‘‘An Approach for Determining the
Technical Adequacy of Probabilistic
Risk Assessment Results for RiskInformed Activities.’’
The NRC staff intends to incorporate
DC/COL–ISG–028 into the next revision
of RG 1.200, Revision 2; RG 1.206,
‘‘Combined License Applications for
Nuclear Power Plants;’’ NUREG–0800,
‘‘Standard Review Plan (SRP) for the
Review of Safety Analysis Reports for
Nuclear Power Plants;’’ and SRP
Chapter 19.0, ‘‘Probabilistic Risk
Assessment and Severe Accident
Evaluation for New Reactors,’’ as
appropriate.
II. Public Comments
The NRC issued draft DC/COL–ISG–
028, ‘‘Assessing the Technical
Adequacy of the Advanced Light-Water
Reactor Probabilistic Risk Assessment
for the Design Certification Application
and Combined License Application,’’ in
the Federal Register on November 26,
2014 (79 FR 70575), for a 60-day
comment period. The comment period
ended on January 26, 2015.
The Commission received 49
comments from the Nuclear Energy
Institute (NEI). These comments were
addressed and are available in the
comment resolution document.
III. Backfitting and Issue Finality
The NRC is issuing this ISG to assist
the NRC staff when assessing the
technical adequacy of PRAs submitted
as part of ALWR DC and COL
applications. Issuance of this ISG does
not constitute backfitting as defined in
§ 50.109 of title 10 of the Code of
Federal Regulations (10 CFR) (the
Backfit Rule) or otherwise be
inconsistent with the issue finality
provisions in 10 CFR part 52. The NRC
staff’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 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 10 CFR 50.109 or the
issue finality provisions of 10 CFR part
52.
2. Backfitting and issue finality—with
certain exceptions discussed below—do
not protect current or future applicants.
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) 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 ISG 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 ISG in a manner that
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.
3. NRC consideration of PRA impacts
to address the application of the PRA
Standard are outside the scope of
matters subject to backfitting protection,
and are not a violation of issue finality
provisions.
The NRC consideration of PRA
impacts to address the application of the
PRA Standard, and an applicant’s
submission of risk-assessment
information needed to support the
NRC’s assessment of the technical
adequacy of the PRA, do not fall within
the scope of matters that constitute
backfitting. Consideration of PRA
impacts to address the application of the
PRA Standard falls within the scope of
matters protected under issue finality
provisions. However, this protection
applies only if a COL application
references a PRA. Therefore, issuance of
this ISG does not constitute a violation
or inconsistency of the issue finality
provisions applicable to COL
applications referencing a PRA.
IV. Congressional Review Act
This ISG is a rule as defined in the
Congressional Review Act (5 U.S.C.
801–808). However, the Office of
Management and Budget has not found
it to be a major rule as defined in the
Congressional Review Act.
V. Availability of Documents
The documents identified in the
following table are available as
indicated.
ADAMS
accession No.
Document title
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Interim Staff Guidance-028, ‘‘Assessing the Technical Adequacy of the Advanced Light-Water Reactor Probabilistic Risk Assessment for the Design Certification Application and Combined License Application’’ (Clean Version).
Interim Staff Guidance-028, ‘‘Assessing the Technical Adequacy of the Advanced Light-Water Reactor Probabilistic Risk Assessment for the Design Certification Application and Combined License Application’’ (Redline Version).
Interim Staff Guidance-028, Comment Resolution Table ................................................................................................................
NUREG–0800, Revision 3, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR
Edition, Chapter 19.0, Severe Accidents’’.
Regulatory Guide 1.200, Revision 2, ‘‘An Approach for Determining the Technical Adequacy of Probabilistic Risk Assessment
Results for Risk-Informed Activities’’.
Regulatory Guide 1.206, ‘‘Combined License Applications for Nuclear Power Plants’’ ..................................................................
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Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices
Dated at Rockville, Maryland, this 28th day
of November, 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. 2016–28962 Filed 12–1–16; 8:45 am]
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Federal Prevailing Rate Advisory
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U.S. Office of Personnel
Management.
ACTION: Notice of Federal Prevailing
Rate Advisory Committee Meeting Date
in 2017.
AGENCY:
According to the provisions of
section 10 of the Federal Advisory
Committee Act (Pub. L. 92–463), notice
is hereby given that a meeting of the
Federal Prevailing Rate Advisory
Committee will be held on Thursday,
January 12, 2017.
The meeting will start at 10 a.m. and
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Building, 1900 E Street NW.,
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The Federal Prevailing Rate Advisory
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impair the ability of the Committee to
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substantially the disposition of its
business. Therefore, these caucuses will
be closed to the public because of a
determination made by the Director of
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:55 Dec 01, 2016
Jkt 241001
the U.S. Office of Personnel
Management under the provisions of
section 10(d) of the Federal Advisory
Committee Act (Pub. L. 92–463) and 5
U.S.C. 552b(c)(9)(B). These caucuses
may, depending on the issues involved,
constitute a substantial portion of a
meeting.
Annually, the Chair compiles a report
of pay issues discussed and concluded
recommendations. These reports are
available to the public. Reports for
calendar years 2008 to 2015 are posted
at https://www.opm.gov/fprac. Previous
reports are also available, upon written
request to the Committee.
The public is invited to submit
material in writing to the Chair on
Federal Wage System pay matters felt to
be deserving of the Committee’s
attention. Additional information on
these meetings may be obtained by
contacting the Committee at U.S. Office
of Personnel Management, Federal
Prevailing Rate Advisory Committee,
Room 5H27, 1900 E Street NW.,
Washington, DC 20415, (202) 606–2858.
U.S. Office of Personnel Management.
Sheldon Friedman,
Chairman, Federal Prevailing Rate Advisory
Committee.
[FR Doc. 2016–28985 Filed 12–1–16; 8:45 am]
BILLING CODE 6325–39–P
POSTAL REGULATORY COMMISSION
[Docket No. CP2017–46]
New Postal Products
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
a negotiated service agreement. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: December 5,
2016.
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.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
I. Introduction
PO 00000
Frm 00069
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87085
II. Docketed Proceeding(s)
I. Introduction
The Commission gives notice that the
Postal Service filed request(s) for the
Commission to consider matters related
to negotiated service agreement(s). The
request(s) may propose the addition or
removal of a negotiated service
agreement from the market dominant or
the competitive product list, or the
modification of an existing product
currently appearing on the market
dominant or the competitive product
list.
Section II identifies the docket
number(s) associated with each Postal
Service request, the title of each Postal
Service request, the request’s acceptance
date, and the authority cited by the
Postal Service for each request. For each
request, the Commission appoints an
officer of the Commission to represent
the interests of the general public in the
proceeding, pursuant to 39 U.S.C. 505
(Public Representative). Section II also
establishes comment deadline(s)
pertaining to each request.
The public portions of the Postal
Service’s request(s) can be accessed via
the Commission’s Web site (https://
www.prc.gov). Non-public portions of
the Postal Service’s request(s), if any,
can be accessed through compliance
with the requirements of 39 CFR
3007.40.
The Commission invites comments on
whether the Postal Service’s request(s)
in the captioned docket(s) are consistent
with the policies of title 39. For
request(s) that the Postal Service states
concern market dominant product(s),
applicable statutory and regulatory
requirements include 39 U.S.C. 3622, 39
U.S.C. 3642, 39 CFR part 3010, and 39
CFR part 3020, subpart B. For request(s)
that the Postal Service states concern
competitive product(s), applicable
statutory and regulatory requirements
include 39 U.S.C. 3632, 39 U.S.C. 3633,
39 U.S.C. 3642, 39 CFR part 3015, and
39 CFR part 3020, subpart B. Comment
deadline(s) for each request appear in
section II.
II. Docketed Proceeding(s)
1. Docket No(s).: CP2017–46; Filing
Title: Notice of United States Postal
Service of Filing a Functionally
Equivalent Global Expedited Package
Services 3 Negotiated Service
Agreement and Application for NonPublic Treatment of Materials Filed
Under Seal; Filing Acceptance Date:
November 23, 2016; Filing Authority: 39
CFR 3015.5; Public Representative: Max
E. Schnidman; Comments Due:
December 5, 2016.
E:\FR\FM\02DEN1.SGM
02DEN1
Agencies
[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Notices]
[Pages 87083-87085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28962]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2014-0254]
Advanced Light-Water Reactor Probabilistic Risk Assessment
AGENCY: Nuclear Regulatory Commission.
ACTION: Interim staff guidance; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing
Interim Staff Guidance (ISG), DC/COL-ISG-028, ``Assessing the Technical
Adequacy of the Advanced Light-Water Reactor Probabilistic Risk
Assessment for the Design Certification Application and Combined
License Application.'' The purpose of this ISG is to provide guidance
for assessing the technical adequacy of the probabilistic risk
assessment (PRA) needed for advanced light-water reactor (ALWR) design
certification (DC) and combined license (COL) applications. This
guidance addresses only the typical conditions for the DC and COL
application.
DATES: The DC/COL-ISG-028 is available on December 2, 2016.
ADDRESSES: Please refer to Docket ID NRC-2014-0254 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-2014-0254. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-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. For
the convenience of the reader, the ADAMS accession numbers are provided
in a table in the ``Availability of Documents'' section of this
document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
NRC's Public Web site: NRC posts its issued staff guidance
at https://www.nrc.gov/reading-rm/doc-collections/isg.
FOR FURTHER INFORMATION CONTACT: Mark Lintz, Office of New Reactors,
U.S. Nuclear Regulatory Commission, Washington DC 20555-0001;
telephone: 301-415-4051; email: Mark.Lintz@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC is issuing DC/COL-ISG-028, ``Assessing the Technical
Adequacy of the Advanced Light-Water Reactor Probabilistic Risk
Assessment for the Design Certification Application and Combined
License Application,'' to provide specific review guidance for
assessing the technical adequacy of the PRA needed for an application
for a DC of an ALWR under part 52 of title 10 of the Code of Federal
Regulations (10 CFR), ``Licenses, Certifications, and Approvals for
Nuclear Power Plants,'' specifically 10 CFR 52.47(a)(27). This ISG will
also apply to an application for a COL under 10 CFR 52.79(a)(46).
Specifically, this guidance addresses how these applicants can use
American Society of Mechanical Engineers/American Nuclear Society
(ASME/ANS) RA-Sa-2009, ``Addenda to ASME/ANS RA-S-2008 Standard for
Level 1/Large
[[Page 87084]]
Early Release Frequency Probabilistic Risk Assessment for Nuclear Power
Plant Applications,'' (the PRA Standard), as endorsed by NRC's
Regulatory Guide (RG) 1.200, Revision 2, ``An Approach for Determining
the Technical Adequacy of Probabilistic Risk Assessment Results for
Risk-Informed Activities.''
The NRC staff intends to incorporate DC/COL-ISG-028 into the next
revision of RG 1.200, Revision 2; RG 1.206, ``Combined License
Applications for Nuclear Power Plants;'' NUREG-0800, ``Standard Review
Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power
Plants;'' and SRP Chapter 19.0, ``Probabilistic Risk Assessment and
Severe Accident Evaluation for New Reactors,'' as appropriate.
II. Public Comments
The NRC issued draft DC/COL-ISG-028, ``Assessing the Technical
Adequacy of the Advanced Light-Water Reactor Probabilistic Risk
Assessment for the Design Certification Application and Combined
License Application,'' in the Federal Register on November 26, 2014 (79
FR 70575), for a 60-day comment period. The comment period ended on
January 26, 2015.
The Commission received 49 comments from the Nuclear Energy
Institute (NEI). These comments were addressed and are available in the
comment resolution document.
III. Backfitting and Issue Finality
The NRC is issuing this ISG to assist the NRC staff when assessing
the technical adequacy of PRAs submitted as part of ALWR DC and COL
applications. Issuance of this ISG does not constitute backfitting as
defined in Sec. 50.109 of title 10 of the Code of Federal Regulations
(10 CFR) (the Backfit Rule) or otherwise be inconsistent with the issue
finality provisions in 10 CFR part 52. The NRC staff'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 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 10 CFR
50.109 or the issue finality provisions of 10 CFR part 52.
2. Backfitting and issue finality--with certain exceptions
discussed below--do not protect current or future applicants.
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) 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 ISG 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 ISG in a
manner that 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.
3. NRC consideration of PRA impacts to address the application of
the PRA Standard are outside the scope of matters subject to
backfitting protection, and are not a violation of issue finality
provisions.
The NRC consideration of PRA impacts to address the application of
the PRA Standard, and an applicant's submission of risk-assessment
information needed to support the NRC's assessment of the technical
adequacy of the PRA, do not fall within the scope of matters that
constitute backfitting. Consideration of PRA impacts to address the
application of the PRA Standard falls within the scope of matters
protected under issue finality provisions. However, this protection
applies only if a COL application references a PRA. Therefore, issuance
of this ISG does not constitute a violation or inconsistency of the
issue finality provisions applicable to COL applications referencing a
PRA.
IV. Congressional Review Act
This ISG is a rule as defined in the Congressional Review Act (5
U.S.C. 801-808). However, the Office of Management and Budget has not
found it to be a major rule as defined in the Congressional Review Act.
V. Availability of Documents
The documents identified in the following table are available as
indicated.
------------------------------------------------------------------------
Document title ADAMS accession No.
------------------------------------------------------------------------
Interim Staff Guidance-028, ``Assessing ML16130A468
the Technical Adequacy of the Advanced
Light-Water Reactor Probabilistic Risk
Assessment for the Design Certification
Application and Combined License
Application'' (Clean Version).
Interim Staff Guidance-028, ``Assessing ML16155A055
the Technical Adequacy of the Advanced
Light-Water Reactor Probabilistic Risk
Assessment for the Design Certification
Application and Combined License
Application'' (Redline Version).
Interim Staff Guidance-028, Comment ML16130A466
Resolution Table.
NUREG-0800, Revision 3, ``Standard ML15089A068
Review Plan for the Review of Safety
Analysis Reports for Nuclear Power
Plants: LWR Edition, Chapter 19.0,
Severe Accidents''.
Regulatory Guide 1.200, Revision 2, ``An ML090410014
Approach for Determining the Technical
Adequacy of Probabilistic Risk
Assessment Results for Risk-Informed
Activities''.
Regulatory Guide 1.206, ``Combined ML070720184
License Applications for Nuclear Power
Plants''.
------------------------------------------------------------------------
[[Page 87085]]
Dated at Rockville, Maryland, this 28th day of November, 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. 2016-28962 Filed 12-1-16; 8:45 am]
BILLING CODE 7590-01-P