Guidance for Changes During Construction for New Nuclear Power Plants Licenses Under 10 CFR Part 52, 26725-26726 [2020-09491]
Download as PDF
Federal Register / Vol. 85, No. 87 / Tuesday, May 5, 2020 / Notices
granting or denying access) is governed
by 10 CFR 2.311.3
I. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
orders, in a timely fashion in order to
minimize any unnecessary delays in
identifying those petitioners who have
standing and who have propounded
contentions meeting the specificity and
basis requirements in 10 CFR part 2.
The attachment to this Order
summarizes the general target schedule
for processing and resolving requests
under these procedures.
It is so ordered.
Day
0
10
60
20
25
30
40
A
A+3
A + 28
A + 53
A + 60
>A + 60
Attachment 1—General Target
Schedule for Processing and Resolving
Requests for Access to Sensitive
Unclassified Non-Safeguards
Information in This Proceeding
Publication of FEDERAL REGISTER notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.
Deadline for submitting requests for access to SUNSI with information: Supporting the standing of a potential party identified by
name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs
any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.)
If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents).
If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requestor to file a motion seeking a ruling to
reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party
to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a
motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.
If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to
sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective
order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI
contentions by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2020–0106]
Guidance for Changes During
Construction for New Nuclear Power
Plants Licenses Under 10 CFR Part 52
Nuclear Regulatory
Commission.
ACTION: Draft regulatory guide; request
for comment.
AGENCY:
khammond on DSKJM1Z7X2PROD with NOTICES
Dated: April 15, 2020.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
Event/activity
[FR Doc. 2020–08353 Filed 5–4–20; 8:45 am]
The U.S. Nuclear Regulatory
Commission (NRC) is issuing for public
comment a draft regulatory guide (DG)
DG–1321, ‘‘Guidance for Changes
SUMMARY:
3 Requestors should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007, as amended at 77 FR
VerDate Sep<11>2014
26725
19:16 May 04, 2020
Jkt 250001
During Construction for New Nuclear
Power Plants Licenses Under 10 CFR
Part 52.’’ This DG proposes new
guidance that the NRC staff consider
acceptable for implementation of a
process for making changes to the
design of structures, systems, and
components of a facility being
constructed under a combined license.
The staff is also seeking input on
whether to incorporate guidance on two
issues into DG–1321: The continued
viability of an existing process for
treating changes during construction,
i.e., the preliminary amendment request
process and the timing and review of
license amendment requests submitted
after the Commission publishes a Notice
of Intended Operations.
Submit comments by July 6,
2020. 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. In
addition to general comments, the NRC
is also requesting specific comments as
discussed below in the SUPPLEMENTARY
INFORMATION section of this document.
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
46562; August 3, 2012) apply to appeals of NRC
staff determinations (because they must be served
on a presiding officer or the Commission, as
applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
DATES:
E:\FR\FM\05MYN1.SGM
05MYN1
26726
Federal Register / Vol. 85, No. 87 / Tuesday, May 5, 2020 / Notices
for Docket ID NRC–2020–0106. Address
questions about NRC dockets 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–
7A06, 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:
Marieliz Johnson, Office of Nuclear
Reactor Regulation, telephone: 301–
415–5861, email: Marieliz.Johnson@
nrc.gov, and Michael Eudy, Office of
Nuclear Regulatory Research, telephone:
301–415–3104, email: Michael.Eudy@
nrc.gov. Both are staff of the U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2020–
0106 when contacting the NRC about
the availability of information regarding
this document. You may access
information related to this document,
which the NRC possesses and is
publicly available, by the following
methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2020–0106.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/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. DG–1321
is available in ADAMS under Accession
No. ML19340B290 and the draft
regulatory analysis (RA) is available in
ADAMS under Accession No.
ML20010G336.
B. Submitting Comments
Please include Docket ID NRC–2020–
0106 in your comment submission. The
NRC cautions you not to include
VerDate Sep<11>2014
19:16 May 04, 2020
Jkt 250001
identifying or contact information in
comment submissions that you do not
want to be publicly disclosed. The NRC
posts all comment submissions at
https://www.regulations.gov and also
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 in
their comment submissions that they do
not want to be publicly disclosed. Your
request should state that the NRC will
not 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 draft guide in the NRC’s
‘‘Regulatory Guide’’ series. This series
was developed to describe to the public
methods that the NRC staff considers
acceptable for use in implementing
specific parts of the NRC’s regulations,
techniques that the staff uses in
evaluating specific issues or postulated
events, and information that the staff
needs in its review of applications for
permits and licenses. The staff is also
issuing for public comment a draft
Regulatory Analysis. The staff develops
a Regulatory Analysis to assess the
value of issuing a guide as well as
alternative courses of action.
The DG, titled ‘‘Guidance for Changes
During Construction for New Nuclear
Power Plants Licenses Under 10 CFR
Part 52,’’ is temporarily identified by its
task number, DG–1321. DG–1321
proposes new guidance that the staff of
the NRC will, if issued as a final
regulatory guide, consider acceptable for
implementation of a process for making
proposed changes to a facility being
constructed under a combined license
covered by Part 52 of Title 10 of the
Code of Federal Regulations (CFR).
Specifically, this RG addresses the
timing of the initiation of construction
of a facility SSC in accordance with a
proposed change to the design of the
SSC. This DG also addresses the timing
of submission of a 10 CFR 52.99(c)(1)
ITAAC closure notification for an SSC
constructed in accordance with a
proposed change that requires an
amendment under the applicable
change process.
PO 00000
Frm 00071
Fmt 4703
Sfmt 9990
III. Backfitting, Forward Fitting, and
Issue Finality
This DG, if finalized, would provide
guidance on implementation of a
process for making changes to the
design of structures, systems, and
components of a facility being
constructed under a combined license.
Issuance of this DG, if finalized, would
not constitute backfitting as defined in
10 CFR 50.109, ‘‘Backfitting,’’ and as
described in NRC Management Directive
8.4, ‘‘Management of Backfitting,
Forward Fitting, Issue Finality, and
Information Requests’’; affect issue
finality of any approval issued under 10
CFR part 52, ‘‘Licenses, Certificates, and
Approvals for Nuclear Power Plants’’; or
constitute forward fitting as defined in
Management Directive 8.4, because, as
explained in this DG, licensees are not
required to comply with the positions
set forth in this DG. If, in the future, the
NRC were to impose a position in this
DG in a manner that would constitute
backfitting or forward fitting or affect
the issue finality for a Part 52 approval,
then the NRC would address the
backfitting provision in 10 CFR 50.109,
the forward fitting provision of
Management Directive 8.4, or the
applicable issue finality provision in
Part 52, respectively.
IV. Specific Requests for Comments
In addition to the general request for
comments on DG–1321, the NRC is also
seeking specific comments that address
the following questions:
1. Should the preliminary amendment
request process described in Interim
Staff Guidance COL–ISG–025, ‘‘Interim
Staff Guidance on Changes during
Construction under 10 CFR Part 52’’
(ADAMS Accession No. ML15058A383),
be incorporated into this regulatory
guide?
2. Should the regulatory guide discuss
the timing and review of license
amendment requests submitted after the
Commission publishes the Notice of
Intended Operation discussed in 10 CFR
52.103(a) and before the 10 CFR
52.103(g) finding, given that such
changes could potentially impact
ITAAC closure notifications? Are there
issues related to the timing of ITAAC
closure notifications? If so, then please
provide input on the issues that should
be addressed.
Dated: April 29, 2020.
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. 2020–09491 Filed 5–4–20; 8:45 am]
BILLING CODE 7590–01–P
E:\FR\FM\05MYN1.SGM
05MYN1
Agencies
[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Pages 26725-26726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09491]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2020-0106]
Guidance for Changes During Construction for New Nuclear Power
Plants Licenses Under 10 CFR Part 52
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft regulatory guide; request for comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for
public comment a draft regulatory guide (DG) DG-1321, ``Guidance for
Changes During Construction for New Nuclear Power Plants Licenses Under
10 CFR Part 52.'' This DG proposes new guidance that the NRC staff
consider acceptable for implementation of a process for making changes
to the design of structures, systems, and components of a facility
being constructed under a combined license. The staff is also seeking
input on whether to incorporate guidance on two issues into DG-1321:
The continued viability of an existing process for treating changes
during construction, i.e., the preliminary amendment request process
and the timing and review of license amendment requests submitted after
the Commission publishes a Notice of Intended Operations.
DATES: Submit comments by July 6, 2020. 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. In addition to general comments, the NRC is also requesting
specific comments as discussed below in the SUPPLEMENTARY INFORMATION
section of this document. 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
[[Page 26726]]
for Docket ID NRC-2020-0106. Address questions about NRC dockets 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-7A06, 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: Marieliz Johnson, Office of Nuclear
Reactor Regulation, telephone: 301-415-5861, email:
[email protected], and Michael Eudy, Office of Nuclear
Regulatory Research, telephone: 301-415-3104, 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-2020-0106 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document, which the NRC possesses
and is publicly available, by the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0106.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library 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
[email protected]. DG-1321 is available in ADAMS under Accession No.
ML19340B290 and the draft regulatory analysis (RA) is available in
ADAMS under Accession No. ML20010G336.
B. Submitting Comments
Please include Docket ID NRC-2020-0106 in your comment submission.
The NRC cautions you not to include identifying or contact information
in comment submissions that you do not want to be publicly disclosed.
The NRC posts all comment submissions at https://www.regulations.gov
and also 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 in their comment submissions
that they do not want to be publicly disclosed. Your request should
state that the NRC will not 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 draft guide in the NRC's
``Regulatory Guide'' series. This series was developed to describe to
the public methods that the NRC staff considers acceptable for use in
implementing specific parts of the NRC's regulations, techniques that
the staff uses in evaluating specific issues or postulated events, and
information that the staff needs in its review of applications for
permits and licenses. The staff is also issuing for public comment a
draft Regulatory Analysis. The staff develops a Regulatory Analysis to
assess the value of issuing a guide as well as alternative courses of
action.
The DG, titled ``Guidance for Changes During Construction for New
Nuclear Power Plants Licenses Under 10 CFR Part 52,'' is temporarily
identified by its task number, DG-1321. DG-1321 proposes new guidance
that the staff of the NRC will, if issued as a final regulatory guide,
consider acceptable for implementation of a process for making proposed
changes to a facility being constructed under a combined license
covered by Part 52 of Title 10 of the Code of Federal Regulations
(CFR). Specifically, this RG addresses the timing of the initiation of
construction of a facility SSC in accordance with a proposed change to
the design of the SSC. This DG also addresses the timing of submission
of a 10 CFR 52.99(c)(1) ITAAC closure notification for an SSC
constructed in accordance with a proposed change that requires an
amendment under the applicable change process.
III. Backfitting, Forward Fitting, and Issue Finality
This DG, if finalized, would provide guidance on implementation of
a process for making changes to the design of structures, systems, and
components of a facility being constructed under a combined license.
Issuance of this DG, if finalized, would not constitute backfitting as
defined in 10 CFR 50.109, ``Backfitting,'' and as described in NRC
Management Directive 8.4, ``Management of Backfitting, Forward Fitting,
Issue Finality, and Information Requests''; affect issue finality of
any approval issued under 10 CFR part 52, ``Licenses, Certificates, and
Approvals for Nuclear Power Plants''; or constitute forward fitting as
defined in Management Directive 8.4, because, as explained in this DG,
licensees are not required to comply with the positions set forth in
this DG. If, in the future, the NRC were to impose a position in this
DG in a manner that would constitute backfitting or forward fitting or
affect the issue finality for a Part 52 approval, then the NRC would
address the backfitting provision in 10 CFR 50.109, the forward fitting
provision of Management Directive 8.4, or the applicable issue finality
provision in Part 52, respectively.
IV. Specific Requests for Comments
In addition to the general request for comments on DG-1321, the NRC
is also seeking specific comments that address the following questions:
1. Should the preliminary amendment request process described in
Interim Staff Guidance COL-ISG-025, ``Interim Staff Guidance on Changes
during Construction under 10 CFR Part 52'' (ADAMS Accession No.
ML15058A383), be incorporated into this regulatory guide?
2. Should the regulatory guide discuss the timing and review of
license amendment requests submitted after the Commission publishes the
Notice of Intended Operation discussed in 10 CFR 52.103(a) and before
the 10 CFR 52.103(g) finding, given that such changes could potentially
impact ITAAC closure notifications? Are there issues related to the
timing of ITAAC closure notifications? If so, then please provide input
on the issues that should be addressed.
Dated: April 29, 2020.
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. 2020-09491 Filed 5-4-20; 8:45 am]
BILLING CODE 7590-01-P