Proposed Revisions to Standard Review Plan Section 2.5.3 Surface Deformation, 66238-66239 [2019-26060]

Download as PDF 66238 Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Notices two non-safety-related water headers within a safety-related flood protection dike. Date of issuance: November 13, 2019. Effective date: As of the date of issuance and shall be implemented within 60 days. Amendment Nos.: 283 (Unit No. 1) and 266 (Unit No. 2). A publiclyavailable version is in ADAMS under Accession No. ML19274C998; documents related to these amendments are listed in the Safety Evaluation enclosed with the amendments. Facility Operating License No. NPF–4 and NPF–7: The amendments revised the Renewed Facility Operating Licenses and Technical Specifications. Date of initial notice in Federal Register: March 26, 2019 (84 FR 11342). The supplement dated August 22, 2019, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the NRC staff’s original proposed no significant hazards consideration determination as published in the Federal Register. The Commission’s related evaluation of the amendment is contained in a Safety Evaluation dated November 13, 2019. No significant hazards consideration comments received: No. Dated at Rockville, Maryland, this 25th day of November 2019. For the Nuclear Regulatory Commission. Craig G. Erlanger, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2019–25972 Filed 12–2–19; 8:45 am] BILLING CODE 7590–01–P 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. NUCLEAR REGULATORY COMMISSION SUPPLEMENTARY INFORMATION: [NRC–2018–0178] I. Background Proposed Revisions to Standard Review Plan Section 2.5.3 Surface Deformation On September 28, 2018 (83 FR 49139), the NRC published for public comment a proposed revision of Section 2.5.3, ‘‘Surface Deformation’’ of NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.’’ The NRC re-issued Standard Review Plan (SRP 2.5.3) on November 16, 2018 (83 FR 57753) in order to give the public more time to provide comment. The public comment period closed on November 26, 2018. No public comments were received regarding draft Revision 6 of SRP 2.5.3. The final Revision 6 to NUREG–0800, Section 2.5.3, ‘‘Surface Deformation’’ is available in ADAMS under Accession No. ML19009A314. 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 2.5.3, ‘‘Surface Deformation’’ of NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.’’ DATES: The update to this SRP takes effect on December 3, 2019. SUMMARY: lotter on DSKBCFDHB2PROD with NOTICES Please refer to Docket ID NRC–2018–0178 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–2018–0178. 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 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 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. • 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. • The NRC posts its issued staff guidance on the NRC’s public website at https://www.nrc.gov/reading-rm/doccollections/nuregs/staff/sr0800/. ADDRESSES: VerDate Sep<11>2014 18:27 Dec 02, 2019 Jkt 250001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 II. Backfitting and Issue Finality Chapter 2 of the SRP provides guidance to the staff for reviewing hydrologic and hydrogeologic information provided in application for licensing actions. Section 2.5.3 of the SRP provides guidance for the review of information addressing surface deformations. Issuance of this SRP section revision does not constitute backfitting as defined in section 50.109 of title 10 of the Code of Federal Regulations (10 CFR), (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 do not constitute backfitting, inasmuch as the SRP is guidance directed to the NRC staff with respect to its regulatory responsibilities. The SRP provides guidance to the NRC staff on how to review an application for NRC regulatory approval in the form of licensing. Changes in guidance intended for use by only the staff are not matters that constitute backfitting as that term is defined in 10 CFR 50.109(a)(1) or involve the issue finality provisions of 10 CFR part 52. 2. Backfitting and issue finality—with certain exceptions discussed below—do not apply to current or future applicants. Applicants and potential applicants are not, with certain exceptions, the subject of 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 of 10 CFR part 52 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 a 10 CFR part 50 operating license applicant references a construction permit or a 10 CFR part 52 combined license applicant references a license (e.g., an early site permit) and/or an NRC regulatory approval (e.g., a design certification rule) for which specified issue finality provisions apply. The NRC staff does not currently intend to impose the positions represented in this final SRP section in a manner that constitutes backfitting or is inconsistent with any issue finality provision of 10 CFR part 52. If in the future the NRC staff seeks to impose positions stated in this SRP section in a manner that would constitute backfitting or be inconsistent with these issue finality provisions, the NRC staff must make the showing as set forth in E:\FR\FM\03DEN1.SGM 03DEN1 Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Notices the Backfit Rule or address the regulatory criteria set forth in the applicable issue finality provision, as applicable, that would allow the staff to impose the position. 3. The NRC staff has no intention to impose the SRP positions on existing nuclear power plant licensees either now or in the future (absent a voluntary request for a change from the licensee, holder of a regulatory approval or a design certification applicant). The staff does not intend to impose or apply the positions described in this final SRP section to existing (already issued) licenses (e.g., operating licenses and combined licenses) and regulatory approvals. Hence, the issuance of this SRP guidance—even if considered guidance subject to the Backfit Rule or 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 would constitute backfitting or does not provide issue finality as described in the applicable issue finality provision, then the staff must make a showing as set forth in the Backfit Rule or address the criteria set forth in the applicable issue finality provision, as applicable, that would allow the staff to impose the position. 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 26th day of November, 2019. For the Nuclear Regulatory Commission. Dennis C. Morey, Chief, Licensing Project Branch, Division of Operating Reactors, Office of Nuclear Reactor Regulation. [FR Doc. 2019–26060 Filed 12–2–19; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2019–0235] lotter on DSKBCFDHB2PROD with NOTICES Revised Format for Biweekly Notices of Applications and Amendments to Licenses Involving No Significant Hazards Considerations Nuclear Regulatory Commission. ACTION: Notice of revised format for Biweekly Notices. AGENCY: The Nuclear Regulatory Commission (NRC) is notifying the SUMMARY: VerDate Sep<11>2014 18:27 Dec 02, 2019 Jkt 250001 public of its revised format for Biweekly Notices of Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations. The revised format described in this document takes effect on December 17, 2019. ADDRESSES: Please refer to Docket ID NRC–2019–0235 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–2019–0235. Address questions about NRC docket IDs 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. • 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 ‘‘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: Eva Brown, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone: 301–415–2315, email: Eva.Brown@nrc.gov; or Andy Imboden, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–287–9055, email: Andy.Imboden@ nrc.gov. DATES: Section 189a.(2)(A) grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of SUPPLEMENTARY INFORMATION: PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 66239 a request for a hearing from any person. Section 189a.(2)(B) of the Atomic Energy Act of 1954, as amended, requires that the Commission periodically publish notice of any amendments issued, or proposed to be issued. To fulfill this requirement, the NRC issues a document entitled, ‘‘Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations,’’ in the Federal Register. Instead of quoting each licensee’s amendment application, the revised format will provide tables that state the proposed no significant hazards considerations determination and provide the location of the NRC’s rationale for each determination in each of the listed applications. The revised format will also use tables to provide notice of license amendments issued. This streamlined format will provide efficiency to the public and stakeholders locating pertinent information and will be a government cost savings in time and print expenses. The public and stakeholders can still access all the information provided in each licensee’s amendment application by going to the ADAMS accession numbers that will be provided in the tables. Dated at Rockville, Maryland, this 22nd day of November, 2019. For the Nuclear Regulatory Commission. Craig G. Erlanger, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2019–25826 Filed 12–2–19; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2019–17 and CP2019–155; Order No. 5323] Transfer of Inbound Letter Post Small Packets and Bulky Letters Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recently filed Postal Service motion to effectuate the transfer of Inbound Letter Post Small Packets and Bulky Letters to the Competitive product list on January 1, 2020. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: December 10, 2019. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// SUMMARY: E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Notices]
[Pages 66238-66239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26060]


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NUCLEAR REGULATORY COMMISSION

[NRC-2018-0178]


Proposed Revisions to Standard Review Plan Section 2.5.3 Surface 
Deformation

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 2.5.3, ``Surface Deformation'' of NUREG-0800, 
``Standard Review Plan for the Review of Safety Analysis Reports for 
Nuclear Power Plants: LWR Edition.''

DATES: The update to this SRP takes effect on December 3, 2019.

ADDRESSES: Please refer to Docket ID NRC-2018-0178 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-2018-0178. Address 
questions about NRC docket IDs in Regulations.gov 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.
     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].
     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.
     The NRC posts its issued staff guidance on the NRC's 
public website at https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/.

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 September 28, 2018 (83 FR 49139), the NRC published for public 
comment a proposed revision of Section 2.5.3, ``Surface Deformation'' 
of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis 
Reports for Nuclear Power Plants: LWR Edition.'' The NRC re-issued 
Standard Review Plan (SRP 2.5.3) on November 16, 2018 (83 FR 57753) in 
order to give the public more time to provide comment. The public 
comment period closed on November 26, 2018. No public comments were 
received regarding draft Revision 6 of SRP 2.5.3. The final Revision 6 
to NUREG-0800, Section 2.5.3, ``Surface Deformation'' is available in 
ADAMS under Accession No. ML19009A314.

II. Backfitting and Issue Finality

    Chapter 2 of the SRP provides guidance to the staff for reviewing 
hydrologic and hydrogeologic information provided in application for 
licensing actions. Section 2.5.3 of the SRP provides guidance for the 
review of information addressing surface deformations.
    Issuance of this SRP section revision does not constitute 
backfitting as defined in section 50.109 of title 10 of the Code of 
Federal Regulations (10 CFR), (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 do not constitute backfitting, inasmuch as the 
SRP is guidance directed to the NRC staff with respect to its 
regulatory responsibilities.
    The SRP provides guidance to the NRC staff on how to review an 
application for NRC regulatory approval in the form of licensing. 
Changes in guidance intended for use by only the staff are not matters 
that constitute backfitting as that term is defined in 10 CFR 
50.109(a)(1) or involve the issue finality provisions of 10 CFR part 
52.
    2. Backfitting and issue finality--with certain exceptions 
discussed below--do not apply to current or future applicants.
    Applicants and potential applicants are not, with certain 
exceptions, the subject of 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 of 10 CFR part 52 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 a 
10 CFR part 50 operating license applicant references a construction 
permit or a 10 CFR part 52 combined license applicant references a 
license (e.g., an early site permit) and/or an NRC regulatory approval 
(e.g., a design certification rule) for which specified issue finality 
provisions apply.
    The NRC staff does not currently intend to impose the positions 
represented in this final SRP section in a manner that constitutes 
backfitting or is inconsistent with any issue finality provision of 10 
CFR part 52. If in the future the NRC staff seeks to impose positions 
stated in this SRP section in a manner that would constitute 
backfitting or be inconsistent with these issue finality provisions, 
the NRC staff must make the showing as set forth in

[[Page 66239]]

the Backfit Rule or address the regulatory criteria set forth in the 
applicable issue finality provision, as applicable, that would allow 
the staff to impose the position.
    3. The NRC staff has no intention to impose the SRP positions on 
existing nuclear power plant licensees either now or in the future 
(absent a voluntary request for a change from the licensee, holder of a 
regulatory approval or a design certification applicant).
    The staff does not intend to impose or apply the positions 
described in this final SRP section to existing (already issued) 
licenses (e.g., operating licenses and combined licenses) and 
regulatory approvals. Hence, the issuance of this SRP guidance--even if 
considered guidance subject to the Backfit Rule or 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 would constitute 
backfitting or does not provide issue finality as described in the 
applicable issue finality provision, then the staff must make a showing 
as set forth in the Backfit Rule or address the criteria set forth in 
the applicable issue finality provision, as applicable, that would 
allow the staff to impose the position.

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 26th day of November, 2019.

    For the Nuclear Regulatory Commission.
Dennis C. Morey,
Chief, Licensing Project Branch, Division of Operating Reactors, Office 
of Nuclear Reactor Regulation.
[FR Doc. 2019-26060 Filed 12-2-19; 8:45 am]
 BILLING CODE 7590-01-P
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