Enforcement Discretion for Tornado-Generated Missile Protection Noncompliance, Revision 1, 55657-55658 [2017-25271]

Download as PDF asabaliauskas on DSKBBXCHB2PROD with NOTICES Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on the NRC’s public Web site at http:// www.nrc.gov/site-help/e-submittals/ getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format (PDF). Additional guidance on PDF submissions is available on the NRC’s public Web site at http://www.nrc.gov/ site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC’s Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system. A person filing electronically using the NRC’s adjudicatory E-Filing system may seek assistance by contacting the NRC’s Electronic Filing Help Desk through the ‘‘Contact Us’’ link located on the NRC’s public Web site at http:// www.nrc.gov/site-help/esubmittals.html, by email to MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in the NRC’s electronic hearing docket which is available to the public at https:// adams.nrc.gov/ehd, unless excluded pursuant to an order of the Commission or the presiding officer. If you do not have an NRC-issued digital ID certificate as described above, click cancel when the link requests certificates and you will be automatically directed to the NRC’s electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or personal phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. For example, in some instances, individuals provide home addresses in order to demonstrate proximity to a facility or site. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. For further details with respect to this action, see the application for license amendment dated July 14, 2017. Attorney for licensee: Mr. M. Stanford Blanton, Balch & Bingham LLP, 1710 Sixth Avenue North, Birmingham, AL 35203–2015. NRC Branch Chief: Jennifer L. DixonHerrity. PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 55657 Dated at Rockville, Maryland, this 17th day of November 2017. For the Nuclear Regulatory Commission. Jennifer L. Dixon-Herrity, Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. 2017–25296 Filed 11–21–17; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2017–0052] Enforcement Discretion for TornadoGenerated Missile Protection Noncompliance, Revision 1 Nuclear Regulatory Commission. ACTION: Interim staff guidance; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing Interim Staff Guidance (ISG), ‘‘Clarification of Licensee Actions in Receipt of Enforcement Discretion per Enforcement Guidance Memorandum (EGM) 15–002, ‘Enforcement Discretion for Tornado-Generated Missile Protection Noncompliance,’ Revision 1.’’ The revisions provide clarifying guidance to facilitate the NRC staff’s consistent oversight associated with implementing enforcement discretion for tornado missile protection noncompliance(s) per EGM 15–002. DATES: The applicable date of the ISG is November 22, 2017. ADDRESSES: Please refer to Docket ID NRC–2017–0052 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 http://www.regulations.gov and search for Docket ID NRC–2017–0052. 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 http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at SUMMARY: E:\FR\FM\22NON1.SGM 22NON1 55658 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ISG, ‘‘Clarification of Licensee Actions in Receipt of Enforcement Discretion Memorandum 15–002, ‘‘Enforcement Discretion for Tornado-Generated Missile Protection Noncompliance,’’ Revision 1, is available in ADAMS under Accession No. ML17128A344. Enforcement Guidance Memorandum, EGM 15–002, ‘‘Enforcement Discretion for Tornado-Generated Missile Protection Noncompliance,’’ Revision 1 is available in ADAMS under Accession No. ML16355A286. • 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: James Hickey, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555– 0001; telephone: 301–415–2180, email: James.Hickey@nrc.gov. SUPPLEMENTARY INFORMATION: The NRC published a Federal Register notice requesting public comment on this interim staff guidance (ISG) on February 23, 2017 (82 FR 11483). The agency received five total comments. The NRC considered the comments, which resulted in no changes to the ISG. The evaluation of these comments is discussed in the last appendix of the ISG. asabaliauskas on DSKBBXCHB2PROD with NOTICES I. Background The Office of Nuclear Reactor Regulation (NRR), Division of Risk Analysis (DRA) completed a generic bounding risk analysis (ADAMS Accession No. ML14114A556) that concluded that the issues associated with the inoperability of a Structure, System, or Component due to a tornadogenerated missile are likely to be of low risk significance, and do not require immediate plant shutdown. Based on the conclusions of the NRR/DRA analysis, the staff issued EGM 15–002, dated June 10, 2015. In its implementation of EGM 15–002, the NRC staff found that additional refinements are needed to address reportability, enforcement of long standing design issues, and the duration of the enforcement discretion resulting from all the non-conforming conditions being assessed together. As a result, the staff issued EGM 15–002, Revision 1, dated February 7, 2017. This revised ISG adds additional information for inspection and review staff to support implementation of the changes made in EGM 15–002, Revision 1. This revised ISG provides an VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 approach to extending the discretion. The revisions to this ISG also revise provisions concerning reportability requirements under § 50.72 of title 10 of the Code of Federal Regulations (10 CFR), discusses enforcement discretion for long-term design non conformances, and reinforces the need for licensees to follow the corrective action program when dispositioning the impact of identified tornado missile nonconformances on operability. This revised ISG will expire with the expiration of EGM 15–002, Revision 1. II. Backfit Discussion Issuance of this ISG in final form does not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule). As discussed in the ‘‘Backfitting’’ section of DSS–ISG- 2016–001, Revision 1, this ISG contains guidance for the NRC staff for implementing EGM–15–002. This ISG does not constitute backfitting as defined in the Backfit Rule and is not otherwise inconsistent with the issue finality provisions in 10 CFR part 52, and the NRC staff did not prepare a backfit analysis. This because this ISG requires no response by licensees, and concerns only NRC staff implementation of enforcement discretion pursuant to EGM–15–002. III. 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. Dated at Rockville, Maryland, this 16th day of November, 2017. For the Nuclear Regulatory Commission. Alexander H. Schwab, Project Manager, ROP Support and Generic Communications Branch, Division of Inspection and Regional Support, Office of Nuclear Reactor Regulation. [FR Doc. 2017–25271 Filed 11–21–17; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 52–025 and 52–026; NRC– 2008–0252] Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4, Inspections, Tests, Analyses, and Acceptance Criteria Nuclear Regulatory Commission. ACTION: Determination of the successful completion of inspections, tests, and analyses. AGENCY: PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 The U.S. Nuclear Regulatory Commission (NRC) staff has determined that the inspections, tests, and analyses have been successfully completed, and that the specified acceptance criteria are met for the Vogtle Electric Generating Plant (VEGP), Units 3 and 4. DATES: The applicable date for determining successful completion of inspections, tests, and analyses for VEGP Units 3 and 4 is November 22, 2017. ADDRESSES: Please refer to Docket ID NRC–2008–0252 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 http://www.regulations.gov and search for Docket ID NRC–2008–0252. 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 http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that 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. FOR FURTHER INFORMATION CONTACT: Chandu Patel, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–3025; email: Chandu.Patel@ nrc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Licensee Notification of Completion of ITAAC Southern Nuclear Operating Company, Inc. (SNC), Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM, LLC., MEAG Power SPVJ, LLC., MEAG Power SPVP, LLC., and the City of Dalton, E:\FR\FM\22NON1.SGM 22NON1

Agencies

[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Notices]
[Pages 55657-55658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25271]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0052]


Enforcement Discretion for Tornado-Generated Missile Protection 
Noncompliance, Revision 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Interim staff guidance; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Interim Staff Guidance (ISG), ``Clarification of Licensee Actions in 
Receipt of Enforcement Discretion per Enforcement Guidance Memorandum 
(EGM) 15-002, `Enforcement Discretion for Tornado-Generated Missile 
Protection Noncompliance,' Revision 1.'' The revisions provide 
clarifying guidance to facilitate the NRC staff's consistent oversight 
associated with implementing enforcement discretion for tornado missile 
protection noncompliance(s) per EGM 15-002.

DATES: The applicable date of the ISG is November 22, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0052 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 http://www.regulations.gov and search for Docket ID NRC-2017-0052. 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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at

[[Page 55658]]

1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The 
ISG, ``Clarification of Licensee Actions in Receipt of Enforcement 
Discretion Memorandum 15-002, ``Enforcement Discretion for Tornado-
Generated Missile Protection Noncompliance,'' Revision 1, is available 
in ADAMS under Accession No. ML17128A344. Enforcement Guidance 
Memorandum, EGM 15-002, ``Enforcement Discretion for Tornado-Generated 
Missile Protection Noncompliance,'' Revision 1 is available in ADAMS 
under Accession No. ML16355A286.
     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: James Hickey, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-2180, email: James.Hickey@nrc.gov.

SUPPLEMENTARY INFORMATION: The NRC published a Federal Register notice 
requesting public comment on this interim staff guidance (ISG) on 
February 23, 2017 (82 FR 11483). The agency received five total 
comments. The NRC considered the comments, which resulted in no changes 
to the ISG. The evaluation of these comments is discussed in the last 
appendix of the ISG.

I. Background

    The Office of Nuclear Reactor Regulation (NRR), Division of Risk 
Analysis (DRA) completed a generic bounding risk analysis (ADAMS 
Accession No. ML14114A556) that concluded that the issues associated 
with the inoperability of a Structure, System, or Component due to a 
tornado-generated missile are likely to be of low risk significance, 
and do not require immediate plant shutdown. Based on the conclusions 
of the NRR/DRA analysis, the staff issued EGM 15-002, dated June 10, 
2015. In its implementation of EGM 15-002, the NRC staff found that 
additional refinements are needed to address reportability, enforcement 
of long standing design issues, and the duration of the enforcement 
discretion resulting from all the non-conforming conditions being 
assessed together. As a result, the staff issued EGM 15-002, Revision 
1, dated February 7, 2017.
    This revised ISG adds additional information for inspection and 
review staff to support implementation of the changes made in EGM 15-
002, Revision 1. This revised ISG provides an approach to extending the 
discretion. The revisions to this ISG also revise provisions concerning 
reportability requirements under Sec.  50.72 of title 10 of the Code of 
Federal Regulations (10 CFR), discusses enforcement discretion for 
long-term design non conformances, and reinforces the need for 
licensees to follow the corrective action program when dispositioning 
the impact of identified tornado missile non-conformances on 
operability. This revised ISG will expire with the expiration of EGM 
15-002, Revision 1.

II. Backfit Discussion

    Issuance of this ISG in final form does not constitute backfitting 
as defined in 10 CFR 50.109 (the Backfit Rule). As discussed in the 
``Backfitting'' section of DSS-ISG- 2016-001, Revision 1, this ISG 
contains guidance for the NRC staff for implementing EGM-15-002. This 
ISG does not constitute backfitting as defined in the Backfit Rule and 
is not otherwise inconsistent with the issue finality provisions in 10 
CFR part 52, and the NRC staff did not prepare a backfit analysis. This 
because this ISG requires no response by licensees, and concerns only 
NRC staff implementation of enforcement discretion pursuant to EGM-15-
002.

III. 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.

    Dated at Rockville, Maryland, this 16th day of November, 2017.

    For the Nuclear Regulatory Commission.
Alexander H. Schwab,
Project Manager, ROP Support and Generic Communications Branch, 
Division of Inspection and Regional Support, Office of Nuclear Reactor 
Regulation.
[FR Doc. 2017-25271 Filed 11-21-17; 8:45 am]
 BILLING CODE 7590-01-P