Physical Security-Combined License and Operating Reactors, 40090-40091 [2018-17328]

Download as PDF 40090 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Notices NUCLEAR REGULATORY COMMISSION [NRC–2018–0001] Sunshine Act Meetings Weeks of August 13, 20, 27, September 3, 10, 17, 2018. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and Closed. MATTERS TO BE CONSIDERED: TIME AND DATE: If you would like to be added to the distribution, please contact the Nuclear Regulatory Commission, Office of the Secretary, Washington, DC 20555 (301– 415–1969), or you may email Patricia.Jimenez@nrc.gov or Wendy.Moore@nrc.gov. Dated: August 9, 2018. Denise L. McGovern, Policy Coordinator, Office of the Secretary. [FR Doc. 2018–17414 Filed 8–9–18; 4:15 pm] BILLING CODE 7590–01–P Week of August 13, 2018 There are no meetings scheduled for the week of August 13, 2018. NUCLEAR REGULATORY COMMISSION Week of August 20, 2018—Tentative There are no meetings scheduled for the week of August 20, 2018. Physical Security—Combined License and Operating Reactors Week of August 27, 2018—Tentative There are no meetings scheduled for the week of August 27, 2018. Week of September 3, 2018—Tentative There are no meetings scheduled for the week of September 3, 2018. Week of September 10, 2018—Tentative Monday, September 10, 2018 10:00 a.m. Briefing on NRC International Activities (Closed— Ex. 1 & 9) Week of September 17, 2018—Tentative There are no meetings scheduled for the week of September 17, 2018. sradovich on DSK3GMQ082PROD with NOTICES CONTACT PERSON FOR MORE INFORMATION: For more information or to verify the status of meetings, contact Denise McGovern at 301–415–0681 or via email at Denise.McGovern@nrc.gov. The schedule for Commission meetings is subject to change on short notice. The NRC Commission Meeting Schedule can be found on the internet at: https://www.nrc.gov/public-involve/ public-meetings/schedule.html. The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g., braille, large print), please notify Kimberly Meyer-Chambers, NRC Disability Program Manager, at 301– 287–0739, by videophone at 240–428– 3217, or by email at Kimberly.MeyerChambers@nrc.gov. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. Members of the public may request to receive this information electronically. VerDate Sep<11>2014 20:42 Aug 10, 2018 Jkt 244001 [NRC–2017–0111] Nuclear Regulatory Commission. ACTION: Standard review plan-final section revision; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to Section 13.6.1, ’’Physical Security—Combined License and Operating Reactors,’’ of NUREG–0800, ‘‘Standard Review Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.’’ DATES: The effective date of this SRP update is August 13, 2018. ADDRESSES: Please refer to Docket ID NRC–2017–0111 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 website: Go to https://www.regulations.gov and search for Docket ID NRC–2017–0111. 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. SUMMARY: 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. SUPPLEMENTARY INFORMATION: I. Background On May 5, 2017 (82 FR 21269), the NRC published for public comment a proposed revision of Section 13.6.1, ‘‘Physical Security—Combined License and Operating Reactors,’’ of NUREG– PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 0800, ‘‘Standard Review Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.’’ The public comment period closed on July 5, 2017. A summary of comments received and the staff’s disposition of the comments are available in a separate document, ‘‘Response to Public Comments on Draft Standard Review Plan, Section 13.6.1, ‘‘Physical Security—Combined License and Operating Reactors,’’ (ADAMS Accession No. ML17291B250). A redline/strikeout version showing incorporation of public comments is available in a separate document (ADAMS Accession No. ML17311A121). II. Backfitting and Issue Finality Chapter 13 of the SRP provides guidance to the staff for conduct of operations under part 52 of title 10 of the Code of Federal Regulations (10 CFR). Section 13.6.1 of the SRP provides guidance for the review of combined license (COL) and operating license (OL) applications and amendments for physical security. 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 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 E:\FR\FM\13AUN1.SGM 13AUN1 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Notices 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 not a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). Dated at Rockville, Maryland, this 8th day of August, 2018. For the Nuclear Regulatory Commission. Jennivine K. Rankin, Acting Chief, Division of Licensing, Siting, and Environmental Analysis, Licensing Branch 3, Office of New Reactors. [FR Doc. 2018–17328 Filed 8–10–18; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION sradovich on DSK3GMQ082PROD with NOTICES Meeting of the Advisory Committee on Reactor Safeguards (ACRS) Subcommittee on NuScale The ACRS Subcommittee on NuScale will hold a meeting on August 23, 2018, at 11545 Rockville Pike, Room T–2B1, Rockville, Maryland 20852. The meeting will be open to public attendance. The agenda for the subject meeting shall be as follows: VerDate Sep<11>2014 20:42 Aug 10, 2018 Jkt 244001 Thursday, August 23, 2018—8:30 a.m. Until 5:00 p.m. The Subcommittee will review the NuScale Design Control Document and the NRC staff Safety Evaluation with Open Items, Chapter 7, ‘‘Digital Instrumentation and Control.’’ The Subcommittee will hear presentations by and hold discussions with the NRC staff, NuScale, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Christina Antonescu (Telephone 301–415–6792 or Email: Christina.Antonescu@nrc.gov) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. The public bridgeline number for the meeting is 866–822–3032, passcode 8272423. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 4, 2017 (82 FR 46312). Detailed meeting agendas and meeting transcripts are available on the NRC website at https://www.nrc.gov/readingrm/doc-collections/acrs. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained from the website cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such rescheduling would result in a major inconvenience. If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 40091 Rockville, Maryland 20852. After registering with Security, please contact Mr. Theron Brown (Telephone 301– 415–6702) to be escorted to the meeting room. Dated: August 8, 2018. Mark L. Banks Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards. [FR Doc. 2018–17329 Filed 8–10–18; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Meeting of the Advisory Committee on Reactor Safeguards (ACRS) Subcommittee on Future Plant Designs The ACRS Subcommittee on Future Plant Designs will hold a meeting on August 22, 2018 at 11545 Rockville Pike, Room T–2B1, Rockville, Maryland 20852. The entire meeting will be open to public attendance. The agenda for the subject meeting shall be as follows: Wednesday, August 22, 2018—8:30 a.m. Until 12:00 p.m. The Subcommittee will review the draft Proposed Rule: Emergency Preparedness for Small Modular Reactors and Other New Technologies. This will be a joint subcommittee meeting with the Regulatory Policies and Practices Subcommittee. The Subcommittee will hear presentations by and hold discussions with NRC staff, industry representatives, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Derek Widmayer (Telephone 301–221–1448 or Email Derek.Widmayer@nrc.gov) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting E:\FR\FM\13AUN1.SGM 13AUN1

Agencies

[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Notices]
[Pages 40090-40091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17328]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0111]


Physical Security--Combined License and Operating Reactors

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan-final section revision; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
final revision to Section 13.6.1, ''Physical Security--Combined License 
and Operating Reactors,'' of NUREG-0800, ``Standard Review Plan (SRP) 
for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR 
Edition.''

DATES: The effective date of this SRP update is August 13, 2018.

ADDRESSES: Please refer to Docket ID NRC-2017-0111 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0111. 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.

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:

I. Background

    On May 5, 2017 (82 FR 21269), the NRC published for public comment 
a proposed revision of Section 13.6.1, ``Physical Security--Combined 
License and Operating Reactors,'' of NUREG-0800, ``Standard Review Plan 
(SRP) for the Review of Safety Analysis Reports for Nuclear Power 
Plants: LWR Edition.'' The public comment period closed on July 5, 
2017. A summary of comments received and the staff's disposition of the 
comments are available in a separate document, ``Response to Public 
Comments on Draft Standard Review Plan, Section 13.6.1, ``Physical 
Security--Combined License and Operating Reactors,'' (ADAMS Accession 
No. ML17291B250). A redline/strikeout version showing incorporation of 
public comments is available in a separate document (ADAMS Accession 
No. ML17311A121).

II. Backfitting and Issue Finality

    Chapter 13 of the SRP provides guidance to the staff for conduct of 
operations under part 52 of title 10 of the Code of Federal Regulations 
(10 CFR). Section 13.6.1 of the SRP provides guidance for the review of 
combined license (COL) and operating license (OL) applications and 
amendments for physical security.
    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 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

[[Page 40091]]

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 not a rule as defined in the Congressional Review 
Act (5 U.S.C. 801-808).

    Dated at Rockville, Maryland, this 8th day of August, 2018.

    For the Nuclear Regulatory Commission.
Jennivine K. Rankin,
Acting Chief, Division of Licensing, Siting, and Environmental 
Analysis, Licensing Branch 3, Office of New Reactors.
[FR Doc. 2018-17328 Filed 8-10-18; 8:45 am]
 BILLING CODE 7590-01-P
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