Proposed Revisions to Branch Technical Position 5-3; Fracture Toughness Requirements, 32690-32691 [2018-15035]

Download as PDF 32690 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices finance; perceived risks and opportunities in MCC partner countries; and evolving approaches to working in developing country contexts. The Advisory Council provides a platform for systematic engagement with the private sector and contributes to MCC’s mission—to reduce poverty through sustainable, economic growth. MCC uses this advice, information and recommendations to inform compact development and implementation, and broaden public and private sector partnerships for more impact and leverage. The MCC Vice President of the Department of Compact Operations affirms that the Advisory Council is necessary and in the public interest. The Advisory Council is seeking members representing a diverse group of private sector organizations with expertise in infrastructure, business and finance and technology, particularly in the countries and regions where MCC operates. Additional information about MCC and its portfolio can be found at www.mcc.gov. DATES: Nominations for Advisory Council members must be received on or before 5 p.m. EDT on August 10, 2018. Further information about the nomination process is included below. MCC plans to host the first meeting of the 2018–2020 term of the MCC Advisory Council in Fall 2018. The Council will meet at least two times a year in Washington, DC or via video/ teleconferencing. All nomination materials or requests for additional information should be emailed to MCCAdvisoryCouncil@ mcc.gov or mailed to Millennium Challenge Corporation, Attn: Beth Roberts, Designated Federal Officer, MCC Advisory Council, 1099 14th St. NW, Suite 700, Washington, DC 20005. SUPPLEMENTARY INFORMATION: The Advisory Council shall consist of not more than twenty-five (25) individuals who are recognized thought leaders, business leaders and experts representing US companies, the business community, advocacy organizations, non-profit organizations, foundations, and sectors including infrastructure, information and communications technology (ICT), and finance, as well as the environment and sustainable development. Qualified individuals may self-nominate or be nominated by any individual or organization. To be considered for the Advisory Council, nominators should submit the following information: • Name, title, organization and relevant contact information (including sradovich on DSK3GMQ082PROD with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 16:47 Jul 12, 2018 Jkt 244001 phone and email address) of the individual under consideration; • A letter, on organization letterhead, containing a brief description of why the nominee should be considered for membership; • Short biography of nominee including professional and academic credentials. Please do not send company, trade association, or organization brochures or any other information. Materials submitted should total two pages or less. Should more information be needed, MCC staff will contact the nominee, obtain information from the nominee’s past affiliations, or obtain information from publicly available sources. All members of the Advisory Council will be independent of the agency, representing the views and interests of their respective industry or area of expertise, and not as Special Government employees. All Members shall serve without compensation. Nominees selected for appointment to the Advisory Council will be notified by return email and receive a letter of appointment. A selection team comprised of representatives from several MCC departments will review the nomination packages. The selection team will make recommendations regarding membership to the Vice President for Compact Operations based on criteria including: (1) Professional or academic expertise, experience, and knowledge; (2) stakeholder representation; (3) availability and willingness to serve; and (4) skills working collaboratively on committees and advisory panels. Based upon the selection team’s recommendations, the Vice President for Compact Operations will select representatives. In the selection of members for the Advisory Council, MCC will seek to ensure a balanced representation and consider a cross-section of those directly affected, interested, and qualified, as appropriate to the nature and functions of the Advisory Council. Nominations are open to all individuals without regard to race, color, religion, sex, national origin, age, mental or physical disability, marital status, or sexual orientation. Thomas G. Hohenthaner, VP/General Counsel and Corporate Secretary (Acting), Millennium Challenge Corporation. [FR Doc. 2018–15053 Filed 7–12–18; 8:45 am] BILLING CODE 9211–03–P PO 00000 Frm 00073 Fmt 4703 NUCLEAR REGULATORY COMMISSION [NRC–2018–0145] Proposed Revisions to Branch Technical Position 5–3; Fracture Toughness Requirements Nuclear Regulatory Commission. ACTION: Standard review plan-draft section revision; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on draft NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,’’ Section BTP 5–3, ‘‘Fracture Toughness Requirements.’’ The NRC seeks comments on the proposed draft section revision of the Standard Review Plan (SRP) concerning guidance for the review of early site permits, combined construction and operating license and operating license applications and amendments for fracture toughness requirements. SUMMARY: Comments must be filed no later than September 11, 2018. Comments received after this date will be considered, if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2018–0145. Address questions about NRC dockets to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail Comments to: May Ma, Office of Administration, Mail Stop: TWFN–7– A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Mark D. Notich, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington DC 20555–0001; telephone: 301–415–3053; email: Mark.Notich@ nrc.gov. DATES: SUPPLEMENTARY INFORMATION: Sfmt 4703 E:\FR\FM\13JYN1.SGM 13JYN1 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices I. Obtaining Information and Submitting Comments submissions available to the public or entering the comment into ADAMS. A. Obtaining Information II. Further Information The NRC seeks public comment on the proposed draft section revision of SRP Section BTP 5–3. The changes include incorporation of text describing NRC review of potential nonconservatisms in BTP 5–3, Revision 2, Subsection B1.1; a reference to a memorandum describing the results of the NRC review of the potential nonconservatisms; and numerous textual updates to incorporate pressuretemperature limit reports, 10 CFR 50.61a, 10 CFR part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants,’’ clearer citations, and nozzle language. Following NRC staff evaluation of public comments, the NRC intends to finalize SRP Section BTP 5–3 in ADAMS and post it on the NRC’s public website at https://www.nrc.gov/readingrm/doc-collections/nuregs/staff/sr0800/. The SRP is guidance for the NRC staff. The SRP is not a substitute for the NRC regulations, and compliance with the SRP is not required. Please refer to Docket ID NRC–2018– 0145 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2018–0145. • 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 draft revision and current revision to NUREG–0800, Section BTP 5–3, ‘‘Fracture Toughness Requirements’’ is available in ADAMS under Accession No. ML18071A066 and ML070850035. The redline-strikeout version comparing the draft revision 3 and the current version of revision 2 is available in ADAMS under Accession No. ML18130A401. • 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. sradovich on DSK3GMQ082PROD with NOTICES B. Submitting Comments Please include Docket ID NRC–2018– 0145 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment VerDate Sep<11>2014 16:47 Jul 12, 2018 Jkt 244001 III. Backfitting and Issue Finality Issuance of this draft SRP section, if finalized, would not constitute backfitting as defined in 10 CFR 50.109, (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 draft SRP positions, if finalized, would not constitute backfitting, inasmuch as the SRP is internal guidance to NRC staff directed at the NRC staff with respect to their regulatory responsibilities. 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 current licensees or already-issued regulatory approvals either now or in the future. The NRC staff does not intend to impose or apply the positions described in the draft SRP to existing (already issued) licenses and regulatory approvals. Hence, the issuance of a final SRP, even if considered guidance within the purview of the issue finality provisions in 10 CFR part 52, would not need to be evaluated as if it were a PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 32691 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. 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 NRC staff does not, at this time, intend to impose the positions represented in the draft 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 draft SRP in a manner which does not provide issue finality as described in the applicable issue finality provisions, then the staff must address the criteria for avoiding issue finality as described in the applicable issue finality provision. Dated at Rockville, Maryland, this 10th day of July, 2018. For the Nuclear Regulatory Commission. Jennivine K. Rankin, Acting Chief, Licensing Branch 3, Division of Licensing, Siting, and Environmental Analysis, Office of New Reactors. [FR Doc. 2018–15035 Filed 7–12–18; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–333; NRC–2018–0143] Exelon Generation Company, LLC; James A. FitzPatrick Nuclear Power Plant Nuclear Regulatory Commission. AGENCY: E:\FR\FM\13JYN1.SGM 13JYN1

Agencies

[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Notices]
[Pages 32690-32691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15035]


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NUCLEAR REGULATORY COMMISSION

[NRC-2018-0145]


Proposed Revisions to Branch Technical Position 5-3; Fracture 
Toughness Requirements

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan-draft section revision; request for 
comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting 
public comment on draft NUREG-0800, ``Standard Review Plan for the 
Review of Safety Analysis Reports for Nuclear Power Plants: LWR 
Edition,'' Section BTP 5-3, ``Fracture Toughness Requirements.'' The 
NRC seeks comments on the proposed draft section revision of the 
Standard Review Plan (SRP) concerning guidance for the review of early 
site permits, combined construction and operating license and operating 
license applications and amendments for fracture toughness 
requirements.

DATES: Comments must be filed no later than September 11, 2018. 
Comments received after this date will be considered, if it is 
practical to do so, but the Commission is able to ensure consideration 
only for comments received on or before this date.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0145. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail Comments to: May Ma, Office of Administration, Mail 
Stop: TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Mark D. Notich, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; 
telephone: 301-415-3053; email: [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 32691]]

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2018-0145 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0145.
     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 [email protected]. The 
draft revision and current revision to NUREG-0800, Section BTP 5-3, 
``Fracture Toughness Requirements'' is available in ADAMS under 
Accession No. ML18071A066 and ML070850035. The redline-strikeout 
version comparing the draft revision 3 and the current version of 
revision 2 is available in ADAMS under Accession No. ML18130A401.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2018-0145 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Further Information

    The NRC seeks public comment on the proposed draft section revision 
of SRP Section BTP 5-3. The changes include incorporation of text 
describing NRC review of potential non-conservatisms in BTP 5-3, 
Revision 2, Subsection B1.1; a reference to a memorandum describing the 
results of the NRC review of the potential non-conservatisms; and 
numerous textual updates to incorporate pressure-temperature limit 
reports, 10 CFR 50.61a, 10 CFR part 52, ``Licenses, Certifications, and 
Approvals for Nuclear Power Plants,'' clearer citations, and nozzle 
language.
    Following NRC staff evaluation of public comments, the NRC intends 
to finalize SRP Section BTP 5-3 in ADAMS and post it on the NRC's 
public website at https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/. The SRP is guidance for the NRC staff. The SRP is not a 
substitute for the NRC regulations, and compliance with the SRP is not 
required.

III. Backfitting and Issue Finality

    Issuance of this draft SRP section, if finalized, would not 
constitute backfitting as defined in 10 CFR 50.109, (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 draft SRP positions, if finalized, would not constitute 
backfitting, inasmuch as the SRP is internal guidance to NRC staff 
directed at the NRC staff with respect to their regulatory 
responsibilities.
    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 
current licensees or already-issued regulatory approvals either now or 
in the future.
    The NRC staff does not intend to impose or apply the positions 
described in the draft SRP to existing (already issued) licenses and 
regulatory approvals. Hence, the issuance of a final SRP, even if 
considered guidance within the purview of the issue finality provisions 
in 10 CFR part 52, would 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. 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 NRC staff does not, 
at this time, intend to impose the positions represented in the draft 
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 draft SRP in a manner which does not provide issue finality as 
described in the applicable issue finality provisions, then the staff 
must address the criteria for avoiding issue finality as described in 
the applicable issue finality provision.

    Dated at Rockville, Maryland, this 10th day of July, 2018.

    For the Nuclear Regulatory Commission.
Jennivine K. Rankin,
Acting Chief, Licensing Branch 3, Division of Licensing, Siting, and 
Environmental Analysis, Office of New Reactors.
[FR Doc. 2018-15035 Filed 7-12-18; 8:45 am]
 BILLING CODE 7590-01-P
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