Guidance for a Technology-Inclusive, Risk-Informed, and Performance-Based Methodology To Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light Water Reactors, 19132-19133 [2019-09089]
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Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Notices
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Dated at Rockville, Maryland, this 1st day
of May, 2019.
For the Nuclear Regulatory Commission.
Denise L. McGovern,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2019–09226 Filed 5–1–19; 4:15 pm]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
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[NRC–2019–0113]
Guidance for a Technology-Inclusive,
Risk-Informed, and PerformanceBased Methodology To Inform the
Licensing Basis and Content of
Applications for Licenses,
Certifications, and Approvals for NonLight Water Reactors
Nuclear Regulatory
Commission.
ACTION: Draft regulatory guide; request
for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing for public
comment draft regulatory guide (DG),
DG–1353, ‘‘Guidance for a TechnologyInclusive, Risk-Informed, and
Performance-Based Methodology to
Inform the Licensing Basis and Content
of Applications for Licenses,
Certifications, and Approvals for NonLight Water Reactors.’’ This DG
proposes new guidance for designers,
applicants, and licensees of non-light
water cooled nuclear reactors (nonLWRs) to inform the licensing basis and
content of applications submittals to the
NRC for licenses, certifications, or
approvals. The DG provides guidance
on using a technology-inclusive, riskinformed, and performance-based
methodology to inform the licensing
basis and content of applications for
licenses, certifications, and approvals
for non-LWRs.
DATES: Submit comments by July 2,
2019. Comments received after this date
will be considered if it is practical to do
so, but the NRC is able to ensure
consideration only for comments
received on or before this date.
Although a time limit is given,
comments and suggestions in
amozie on DSK9F9SC42PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:41 May 02, 2019
Jkt 247001
connection with items for inclusion in
guides currently being developed or
improvements in all published guides
are encouraged at any time.
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–2019–0113. Address
questions about NRC docket IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@nrc.gov. For technical
questions, contact the individuals listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• Mail comments to: Office of
Administration, Mail Stop: TWFN–7–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, ATTN: Program Management,
Announcements and Editing Staff.
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:
William Reckley, Office of New
Reactors, telephone: 301–415–7490,
email: William.Reckley@nrc.gov, or
Stanley Gardocki, Office of Nuclear
Regulatory Research, telephone: 301–
415–1067, email: Stanley.Gardocki@
nrc.gov. Both are staff of the U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
SUPPLEMENTARY INFORMATION:
guidance document NEI 18–04, ‘‘RiskInformed Performance-Based Guidance
for Non-Light Water Reactor Licensing
Basis Development,’’ is available in
ADAMS under Accession No.
ML18271A172. The regulatory analysis
for this DG is available in ADAMS
under Accession No. ML18325A214.
• 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.
I. Obtaining Information and
Submitting Comments
B. Submitting Comments
Please include Docket ID NRC–2019–
0113 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 posts all comment
submissions at https://
www.regulations.gov as well as enters
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 submissions into
ADAMS.
A. Obtaining Information
Please refer to Docket ID NRC–2019–
0113 when contacting the NRC about
the availability of information regarding
this action. You may obtain publicallyavailable 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–2019–0113.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Document collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, 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 DG is electronically
available in ADAMS under Accession
No. ML18312A242. The related working
draft of Nuclear Energy Institute (NEI)
II. Additional Information
The NRC is issuing for public
comment a DG in the NRC’s ‘‘Regulatory
Guide’’ series. This series was
developed to describe and make
available to the public information
regarding methods that are acceptable to
the NRC staff for implementing specific
parts of the NRC’s regulations,
techniques that the staff uses in
evaluating specific issues or postulated
events, and data that the staff needs in
its review of applications for permits
and licenses.
The DG, entitled ‘‘Guidance for a
Technology-Inclusive, Risk-Informed,
and Performance-Based Methodology to
Inform the Licensing Basis and Content
of Applications for Licenses,
Certifications, and Approvals for NonLight Water Reactors,’’ is a proposed
new RG. The proposed new RG is
temporarily identified by its task
number, DG–1353. The proposed new
RG endorses, with clarifications, the
principles and methodology in NEI 18–
PO 00000
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Fmt 4703
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E:\FR\FM\03MYN1.SGM
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Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Notices
amozie on DSK9F9SC42PROD with NOTICES
04, ‘‘Risk-Informed Performance-Based
Guidance for Non-Light Water Reactor
Licensing Basis Development,’’ as one
acceptable method for determining the
appropriate scope and level of detail for
parts of applications for licenses,
certifications, and approvals for nonLWRs. NEI 18–04 outlines an approach
for use by reactor developers to select
licensing basis events; classify
structures, systems, and components;
determine special treatments and
programmatic controls; and assess the
adequacy of a design in terms of
providing layers of defense in depth.
The methodology described in NEI 18–
04 and the draft RG also provide a
general methodology for identifying an
appropriate scope and depth of
information to be provided in
applications to the NRC for licenses,
certifications, and approvals for nonLWRs.
III. Backfitting and Issue Finality
Draft regulatory guide, DG–1353, if
finalized as a new regulatory guide,
would provide guidance for informing
the licensing basis and content of
applications for non-LWRs. The
selection of licensing-basis events;
classification and special treatments of
structures, systems, and components;
and assessment of defense in depth are
fundamental to the safe design of nonLWRs. These activities also support
identifying the appropriate scope and
depth of information provided in
applications for licenses, certifications,
and approvals required under part 50 of
title 10 of the Code of Federal
Regulations (10 CFR), ‘‘Domestic
Licensing of Production and Utilization
Facilities,’’ and 10 CFR part 52,
‘‘Licenses, Certifications, and Approvals
for Nuclear Power Plants.’’ The
methodology outlined in DG–1353 and
NEI 18–04 provide guidance intended to
support the design and licensing of nonLWRs.
The DG, if finalized, would not
constitute regulatory requirements. For
this reason, issuance of DG–1353, if
finalized, would not constitute
backfitting under 10 CFR 50.109 (the
‘‘Backfit Rule’’). Future applicants may
choose to follow the guidance or utilize
another approach in developing
applications for licenses, certifications,
or approvals. 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 discussed
below—were intended to apply to every
NRC action which substantially changes
VerDate Sep<11>2014
16:41 May 02, 2019
Jkt 247001
the expectations of current and future
applicants. Therefore, the positions in
any regulatory guide, if imposed on
applicants under 10 CFR 50.34(a)(3),
52.47(a)(3), 52.79(a)(4), 52.137(a)(3), or
52.157(a), would not represent
backfitting or a violation of issue finality
(except as discussed below).
The exceptions to the general
principle are applicable whenever a
combined license applicant references a
10 CFR part 52 license (i.e., an early site
permit or a manufacturing license) and/
or 10 CFR part 52 regulatory approval
(i.e., a design certification rule or design
approval). There are no current nonLWR applicants or holders of licenses or
design certifications for non-LWR
designs. Therefore, issuance of DG–1353
in final form would not constitute a
violation of issue finality.
Dated at Rockville, Maryland, this 30th day
of April, 2019.
For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guidance and Generic
Issues Branch, Division of Engineering, Office
of Nuclear Regulatory Research.
[FR Doc. 2019–09089 Filed 5–2–19; 8:45 am]
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Meeting
Thursday, May 9,
2019, at 11:00 a.m.; and Friday, May 10,
2019, at 9:00 a.m.
PLACE: Indianapolis, Indiana, at the
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Indiana 46204, in the Cosmopolitan A
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STATUS: Thursday, May 9, 2019, at 11:00
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9:00 a.m.–Open.
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19133
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6. Quarterly Service Performance
Report.
7. Approval of Tentative Agenda for
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A public comment period will begin
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of the open session on May 10, 2019.
During the public comment period,
which shall not exceed 30 minutes,
members of the public may comment on
any item or subject listed on the agenda
for the open session above. Registration
of speakers at the public comment
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CONTACT PERSON FOR MORE INFORMATION:
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Postal Service, 475 L’Enfant Plaza SW,
Washington, DC 20260–1000.
Telephone: (202) 268–4800.
Michael J. Elston,
Acting Secretary.
[FR Doc. 2019–09247 Filed 5–1–19; 4:15 pm]
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DATES AND TIMES:
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1. Strategic Issues.
2. Financial Matters.
3. Compensation and Personnel
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4. Executive Session—Discussion of
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Friday, May 10, 2019, at 9:00 a.m.
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2019–14]
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]]>Agencies
[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Notices]
[Pages 19132-19133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09089]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2019-0113]
Guidance for a Technology-Inclusive, Risk-Informed, and
Performance-Based Methodology To Inform the Licensing Basis and Content
of Applications for Licenses, Certifications, and Approvals for Non-
Light Water Reactors
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft regulatory guide; request for comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for
public comment draft regulatory guide (DG), DG-1353, ``Guidance for a
Technology-Inclusive, Risk-Informed, and Performance-Based Methodology
to Inform the Licensing Basis and Content of Applications for Licenses,
Certifications, and Approvals for Non-Light Water Reactors.'' This DG
proposes new guidance for designers, applicants, and licensees of non-
light water cooled nuclear reactors (non-LWRs) to inform the licensing
basis and content of applications submittals to the NRC for licenses,
certifications, or approvals. The DG provides guidance on using a
technology-inclusive, risk-informed, and performance-based methodology
to inform the licensing basis and content of applications for licenses,
certifications, and approvals for non-LWRs.
DATES: Submit comments by July 2, 2019. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure consideration only for comments received on or before
this date. Although a time limit is given, comments and suggestions in
connection with items for inclusion in guides currently being developed
or improvements in all published guides are encouraged at any time.
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-2019-0113. Address
questions about NRC docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
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: William Reckley, Office of New
Reactors, telephone: 301-415-7490, email: [email protected], or
Stanley Gardocki, Office of Nuclear Regulatory Research, telephone:
301-415-1067, email: [email protected]. Both are staff of the
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2019-0113 when contacting the NRC
about the availability of information regarding this action. You may
obtain publically-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-2019-0113.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Document collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, 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 DG is electronically available in ADAMS
under Accession No. ML18312A242. The related working draft of Nuclear
Energy Institute (NEI) guidance document NEI 18-04, ``Risk-Informed
Performance-Based Guidance for Non-Light Water Reactor Licensing Basis
Development,'' is available in ADAMS under Accession No. ML18271A172.
The regulatory analysis for this DG is available in ADAMS under
Accession No. ML18325A214.
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-2019-0113 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 posts all comment submissions at https://www.regulations.gov as well as enters 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 submissions into ADAMS.
II. Additional Information
The NRC is issuing for public comment a DG in the NRC's
``Regulatory Guide'' series. This series was developed to describe and
make available to the public information regarding methods that are
acceptable to the NRC staff for implementing specific parts of the
NRC's regulations, techniques that the staff uses in evaluating
specific issues or postulated events, and data that the staff needs in
its review of applications for permits and licenses.
The DG, entitled ``Guidance for a Technology-Inclusive, Risk-
Informed, and Performance-Based Methodology to Inform the Licensing
Basis and Content of Applications for Licenses, Certifications, and
Approvals for Non-Light Water Reactors,'' is a proposed new RG. The
proposed new RG is temporarily identified by its task number, DG-1353.
The proposed new RG endorses, with clarifications, the principles and
methodology in NEI 18-
[[Page 19133]]
04, ``Risk-Informed Performance-Based Guidance for Non-Light Water
Reactor Licensing Basis Development,'' as one acceptable method for
determining the appropriate scope and level of detail for parts of
applications for licenses, certifications, and approvals for non-LWRs.
NEI 18-04 outlines an approach for use by reactor developers to select
licensing basis events; classify structures, systems, and components;
determine special treatments and programmatic controls; and assess the
adequacy of a design in terms of providing layers of defense in depth.
The methodology described in NEI 18-04 and the draft RG also provide a
general methodology for identifying an appropriate scope and depth of
information to be provided in applications to the NRC for licenses,
certifications, and approvals for non-LWRs.
III. Backfitting and Issue Finality
Draft regulatory guide, DG-1353, if finalized as a new regulatory
guide, would provide guidance for informing the licensing basis and
content of applications for non-LWRs. The selection of licensing-basis
events; classification and special treatments of structures, systems,
and components; and assessment of defense in depth are fundamental to
the safe design of non-LWRs. These activities also support identifying
the appropriate scope and depth of information provided in applications
for licenses, certifications, and approvals required under part 50 of
title 10 of the Code of Federal Regulations (10 CFR), ``Domestic
Licensing of Production and Utilization Facilities,'' and 10 CFR part
52, ``Licenses, Certifications, and Approvals for Nuclear Power
Plants.'' The methodology outlined in DG-1353 and NEI 18-04 provide
guidance intended to support the design and licensing of non-LWRs.
The DG, if finalized, would not constitute regulatory requirements.
For this reason, issuance of DG-1353, if finalized, would not
constitute backfitting under 10 CFR 50.109 (the ``Backfit Rule'').
Future applicants may choose to follow the guidance or utilize another
approach in developing applications for licenses, certifications, or
approvals. 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
discussed below--were intended to apply to every NRC action which
substantially changes the expectations of current and future
applicants. Therefore, the positions in any regulatory guide, if
imposed on applicants under 10 CFR 50.34(a)(3), 52.47(a)(3),
52.79(a)(4), 52.137(a)(3), or 52.157(a), would not represent
backfitting or a violation of issue finality (except as discussed
below).
The exceptions to the general principle are applicable whenever a
combined license applicant references a 10 CFR part 52 license (i.e.,
an early site permit or a manufacturing license) and/or 10 CFR part 52
regulatory approval (i.e., a design certification rule or design
approval). There are no current non-LWR applicants or holders of
licenses or design certifications for non-LWR designs. Therefore,
issuance of DG-1353 in final form would not constitute a violation of
issue finality.
Dated at Rockville, Maryland, this 30th day of April, 2019.
For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guidance and Generic Issues Branch, Division of
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2019-09089 Filed 5-2-19; 8:45 am]
BILLING CODE 7590-01-P
