Risk-Informed Categorization and Treatment of Structures, Systems, and Components for Nuclear Power Reactors, 66498-66500 [2020-23022]
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Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Proposed Rules
and Agriculture (CDFA), unless the
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(f) Appeals. If a determination is made
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maintains the right to review any
VerDate Sep<11>2014
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decisions made by the aforementioned
bodies at his or her discretion.
§ 984.547
[Reserved]
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2020–22334 Filed 10–19–20; 8:45 am]
BILLING CODE P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
[Docket No. PRM–50–110; NRC–2015–0028;
NRC–2009–0196]
Risk-Informed Categorization and
Treatment of Structures, Systems, and
Components for Nuclear Power
Reactors
Nuclear Regulatory
Commission.
ACTION: Petition for rulemaking;
consideration in the rulemaking
process.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) will consider,
within the scope of a Commissiondirected rulemaking (Incorporation of
Lessons Learned from New Reactor
Licensing Process (Parts 50 and 52
Licensing Process Alignment)), the issue
raised in a petition for rulemaking
(PRM) submitted by Michael D.
Tschiltz, on behalf of the Nuclear
Energy Institute (NEI), dated January 15,
2015. The petitioner requested that the
NRC amend its regulations to clarify and
extend the applicability of its
regulations related to risk-informed
categorization and treatment of
structures, systems, and components
(SSCs) for nuclear power reactors. The
petition was docketed by the NRC on
February 6, 2015, and was assigned
Docket No. PRM–50–110. The NRC has
determined that the PRM has merit and
is appropriate for consideration in the
rulemaking process.
DATES: The docket for the petition for
rulemaking, PRM–50–110, is closed on
October 20, 2020.
ADDRESSES: Please refer to Docket IDs
NRC–2015–0028 and NRC–2009–0196
when contacting the NRC about the
availability of information for this
petition. 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 IDs NRC–2015–0028 and
NRC–2009–0196. Address questions
about NRC dockets to Dawn Forder;
SUMMARY:
PO 00000
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telephone: 301–415–3407; email:
Dawn.Forder@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• The 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. 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. For
the convenience of the reader,
instructions about obtaining materials
referenced in this document are
provided in the ‘‘Availability of
Documents’’ section.
• Attention: The PDR, where you may
examine and order copies of public
documents, is currently closed. You
may submit your request to the PDR via
email at PDR.Resource@nrc.gov or call
1–800–397–4209 between 8:00 a.m. and
4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
James O’Driscoll, Office of Nuclear
Material Safety and Safeguards; U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–1325; email:
James.O’Driscoll@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. The Petition
The NRC received and docketed a
PRM 1 dated January 15, 2015,
submitted by Michael D. Tschiltz, on
behalf of NEI. On March 27, 2015, the
NRC published a notice of docketing in
the Federal Register (80 FR 16308). The
NRC held a public meeting on
September 16, 2015, to gain further
1 On February 25, 2014, Anthony Pietrangelo, on
behalf of NEI (petitioner), submitted a letter
(ADAMS Accession No. ML14056A278) requesting
that the NRC issue a direct final rulemaking to
amend § 50.69, ‘‘Risk-informed categorization and
treatment of structures, systems and components for
nuclear power reactors,’’ making it applicable to
holders of combined licenses (COLs). The NRC staff
reviewed the petitioner’s request and concluded
that it did not meet the NRC’s acceptance criteria
in § 2.802(c) for a PRM because the request did not
include a description of the petitioner’s grounds for
and interest in the requested action. On April 11,
2014, under § 2.802(c), the NRC offered the
petitioner an opportunity to meet the NRC’s
petition acceptance criteria within 90 days. On
January 15, 2015, Michael D. Tschiltz, on behalf of
NEI, filed a PRM on the same topic, and included
a description of the petitioner’s grounds for and
interest in the requested action. The NRC
determined that the petition met the threshold
sufficiency requirements for a petition for
rulemaking under § 2.802, ‘‘Petition for
rulemaking,’’ and the petition was docketed as
PRM–50–110.
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Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Proposed Rules
understanding of the scope and bases
for the PRM. The meeting summary 2 is
publicly available.
The petitioner asked the NRC to
amend its regulations to clarify and
extend the applicability of section 50.69
of title 10 of the Code of Federal
Regulations (10 CFR), ‘‘Risk-informed
categorization and treatment of
structures, systems and components
(SSCs) for nuclear power reactors.’’ The
regulations in § 50.69 allow nuclear
power plant licensees and certain
applicants to seek NRC approval to
implement the § 50.69 requirements as
an alternative to compliance with the
requirements for Risk-Informed Safety
Class (RISC)-3 and RISC–4 SSCs listed
in § 50.69(b)(1)(i)–(xi). Currently, the
applicability provisions in § 50.69 allow
holders of a nuclear power plant license
under 10 CFR parts 50, ‘‘Domestic
Licensing of Production and Utilization
Facilities,’’ and 54, ‘‘Requirements for
Renewal of Operating Licenses for
Nuclear Power Plants,’’ and certain
applicants under 10 CFR parts 50 and
52, ‘‘Licenses, Certifications, and
Approvals for Nuclear Power Plants,’’ to
voluntarily request the NRC’s review
and approval to implement the
provisions in § 50.69. However, because
the ‘‘applicability’’ provisions in
§ 50.69(b) do not include COL holders
under 10 CFR part 52, they cannot
request the NRC’s review and approval
to implement the provisions in § 50.69.
The petitioner proposed a change to
§ 50.69 to allow COL holders to use the
voluntary provisions of this regulation.
The petitioner asserted that
preventing COL holders from using the
provisions in § 50.69 is inappropriate
and provided the following arguments
in support of its position:
• A COL applicant that requests and
receives NRC approval to implement the
provisions in § 50.69 could later become
a COL holder and, therefore, would no
longer be allowed to use the previous
approval.
• As written, the regulation denies
applicability to plants possessing COLs
for the life of the plant. A plant that
currently holds a COL and that has been
in operation for 15 years is in all
practical matters no different than the
current operating fleet, which, under the
current rule language, can implement
the provisions in § 50.69.
• Combined license holders must
comply with the regulations in
§ 50.71(h)(1) and (2), which require COL
holders to produce and maintain
probabilistic risk assessments (PRAs)
using NRC-endorsed PRA consensus
standards. Therefore, under the NRC’s
existing rules, COL holders will possess
the necessary PRA infrastructure to
implement the provisions in § 50.69
effectively. In particular, these plants
will have developed Level 1 and Level
2 PRAs before fuel load. These PRAs
will have covered those initiating events
and modes for which NRC-endorsed
consensus standards exist. Additionally,
the NRC requires these plants to
periodically (every 4 years) maintain
and upgrade the PRA consistent with
NRC-endorsed consensus standards
until the permanent cessation of
operations under § 52.110(a).
II. Reasons for Consideration
The NRC agrees that the PRM has
technical merit. The NRC will consider
the issue raised in the PRM in its
rulemaking process. The COL holders
under 10 CFR part 52 currently cannot
use the provisions in § 50.69 to riskinform the categorization of SSCs and
change the treatment of those SSCs.
The NRC did not receive public
comment about the absence of an
applicability provision in § 50.69 for
COL holders in the 2003 proposed rule
(68 FR 26511; May 16, 2003). The final
provisions in § 50.69 issued on
November 22, 2004 (69 FR 68008)
retained this feature of the proposed
rule. In 2007, the NRC issued a final
rule to revise 10 CFR part 52 (72 FR
49352; August 28, 2007) and left the
applicability provisions unchanged.
Therefore, COL holders currently cannot
request the NRC’s review and approval
to implement the provisions in § 50.69.
Upon further consideration, the NRC
agrees with the petitioner that a nuclear
power plant that meets the requirements
of § 50.69, whether licensed under part
50 or part 52, should have the
opportunity to implement the
provisions in § 50.69. The NRC agrees
that all COL holders that have
developed a PRA under § 50.71(h)
should possess the necessary PRA
infrastructure to support an application
for a license amendment to use the
provisions in § 50.69.
In 2015, the Commission directed the
staff to revise the regulations in 10 CFR
part 50 for new power reactor
applications so that they align with the
requirements in 10 CFR part 52. In
addition, the staff was directed to revise
the regulations in 10 CFR part 52 to
reflect lessons learned from recent new
reactor licensing activities.3 The NRC
began this rulemaking in fiscal year
2019.
Therefore, the NRC will consider the
issue raised in PRM–50–110 in the
‘‘Incorporation of Lessons Learned From
New Reactor Licensing Process’’ (Parts
50 and 52 Licensing Process Alignment)
rulemaking.
III. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
ADAMS Accession
No. Federal
Register Citation
Document
Petition for Rulemaking to Amend 10 CFR 50.69, ‘‘Risk-Informed Categorization and Treatment of Structures, Systems and
Components for Nuclear Power Reactors,’’ dated January 15, 2015 .....................................................................................
Notice of Docketing, ‘‘Applicability of Risk-Informed Categorization Regulation to Combined Licenses,’’ dated March 27,
2015 .........................................................................................................................................................................................
Meeting Summary, ‘‘Discussion on the Petition for Rulemaking Related to 10 CFR 50.69, Risk-Informed Categorization and
Treatment of Structures, Systems and Components for Nuclear Power Reactors,’’ dated September 25, 2015 .................
Petition for Rulemaking, ‘‘Applicability of 10 CFR 50.69 to Holders of Combined Operating Licenses Under Part 52,’’ dated
February 25, 2014 ....................................................................................................................................................................
Proposed Rule, ‘‘Risk-Informed Categorization and Treatment of Structures, Systems and Components for Nuclear Power
Reactors; Proposed Rule,’’ dated May 16, 2003 .....................................................................................................................
Final Rule, ‘‘Risk-Informed Categorization and Treatment of Structures, Systems and Components for Nuclear Power Reactors; Final Rule,’’ dated November 22, 2004 .......................................................................................................................
2 The meeting summary indicated that the NRC
might issue a generic communication to clarify a
misunderstanding of the reasons that COL holders
were excluded from the § 50.69 provisions. The
NRC will conduct rulemaking to determine if COL
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16:48 Oct 19, 2020
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holders can use § 50.69; NRC will not issue a
separate generic communication on this issue.
3 See SECY–15–0002, ‘‘Proposed Updates of
Licensing Policies, Rules, and Guidance for Future
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
ML15037A481
80 FR 16308
ML15268A353
ML14056A278
68 FR 26511
69 FR 68008
New Reactor Applications,’’ dated January 8, 2015,
and Staff Requirements Memorandum (SRM)SECY–15–0002, ‘‘Proposed Updates of Licensing
Policies, Rules, and Guidance for Future New
Reactor Applications,’’ dated September 22, 2015.
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Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Proposed Rules
ADAMS Accession
No. Federal
Register Citation
Document
Final Rule, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants; Final Rule,’’ dated August 28, 2007 .............
SECY–15–0002, ‘‘Proposed Updates of Licensing Policies, Rules, and Guidance for Future New Reactor Applications,’’
dated January 8, 2015 .............................................................................................................................................................
SRM–SECY–15–0002, ‘‘Staff Requirements—SECY–15–0002—Proposed Updates of Licensing Policies, Rules, and Guidance for Future New Reactor Applications,’’ dated September 22, 2015 ...............................................................................
IV. Conclusion
For the reasons cited in this
document, the NRC will consider the
issue raised in the PRM in an ongoing
rulemaking process.
The NRC tracks the status of PRMs on
its website at https:/www.nrc.gov/aboutnrc/regulatory/rulemaking/rulespetitions.html. In addition, the Federal
rulemaking website (https://
www.regulations.gov) allows you to
receive alerts when changes or additions
occur in a docket folder. To subscribe:
(1) Navigate to the docket folder (NRC–
2009–0196); (2) click the ‘‘Email Alert’’
link; and (3) enter your email address
and select how frequently you would
like to receive emails (daily, weekly, or
monthly). As in all rulemakings, the
NRC will solicit and consider public
comments during the proposed rule
phase of the rulemaking, before
determining the approach that will
become the basis for the final rule.
Publication of this document in the
Federal Register closes Docket ID NRC–
2015–0028 for PRM–50–110.
Dated: October 13, 2020.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2020–23022 Filed 10–19–20; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0576; Product
Identifier 2019–NM–049–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Proposed rule; withdrawal.
AGENCY:
The FAA is withdrawing a
notice of proposed rulemaking (NPRM)
that proposed to adopt a new
airworthiness directive (AD) that would
have applied to all The Boeing
Company Model 747–400, 747–400F,
SUMMARY:
VerDate Sep<11>2014
16:48 Oct 19, 2020
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747–8F, and 747–8 series airplanes. The
NPRM was prompted by reports of dual
flight management computer (FMC) cold
starts during a critical flight phase such
as takeoff and approach. The NPRM
would have required an inspection to
determine if certain software is
installed, installation of FMC
operational program software (OPS) and
a software configuration check, and
applicable concurrent requirements.
Since issuance of the NPRM, the FAA
determined that the installation of new
software, as proposed in the NPRM,
does not resolve the unsafe condition
identified in the NPRM. Accordingly,
the NPRM is withdrawn.
DATES: The FAA is withdrawing the
proposed rule published August 8, 2019
(84 FR 38887), as of October 20, 2020.
ADDRESSES:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0576; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this AD action,
any comments received, and other
information. The street address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Nelson Sanchez, Aerospace Engineer,
Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th
St., Des Moines, WA 98198; telephone
and fax: 206–231–3543; email:
nelson.sanchez@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued an NPRM that
proposed to amend 14 CFR part 39 by
adding an AD that would apply to the
specified products. The NPRM was
published in the Federal Register on
August 8, 2019 (84 FR 38887). The
NPRM was prompted by reports of dual
FMC cold starts during a critical flight
phase such as takeoff and approach. The
NPRM proposed to require an
PO 00000
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Fmt 4702
Sfmt 4702
72 FR 49352
ML13281A382
ML15266A023
inspection to determine if certain
software is installed, installation of FMC
OPS and a software configuration check,
and applicable concurrent requirements.
The proposed actions were intended to
address dual FMC cold starts, which can
result in a loss of flight critical data
from flight deck displays during a high
workload phase of flight. This
condition, if not addressed, could
reduce the flightcrew’s situational
awareness, resulting in a loss of
continued safe flight and landing.
Actions Since the NPRM Was Issued
Since issuance of the NPRM, the
manufacturer discovered that the
installation of new NG FMC BP 4.0
software, as proposed in the NPRM,
does not resolve the unsafe condition
identified in the NPRM, and the
manufacturer is developing new
software to resolve the unsafe condition.
In light of these changes, the FAA is
considering further rulemaking.
Withdrawal of the NPRM constitutes
only such action and does not preclude
the FAA from further rulemaking on
this issue, nor does it commit the FAA
to any course of action in the future.
FAA’s Conclusions
Upon further consideration, the FAA
has determined that the NPRM does not
adequately address the identified unsafe
condition. Accordingly, the NPRM is
withdrawn.
Regulatory Findings
Since this action only withdraws an
NPRM, it is neither a proposed nor a
final rule. This action therefore is not
covered under Executive Order 12866,
the Regulatory Flexibility Act, or DOT
Regulatory Policies and Procedures (44
FR 11034, February 26, 1979).
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Withdrawal
Accordingly, the notice of proposed
rulemaking, Docket No. FAA–2019–
0576, which was published in the
Federal Register on August 8, 2019 (84
FR 38887), is withdrawn.
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]]>Agencies
[Federal Register Volume 85, Number 203 (Tuesday, October 20, 2020)]
[Proposed Rules]
[Pages 66498-66500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23022]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[Docket No. PRM-50-110; NRC-2015-0028; NRC-2009-0196]
Risk-Informed Categorization and Treatment of Structures,
Systems, and Components for Nuclear Power Reactors
AGENCY: Nuclear Regulatory Commission.
ACTION: Petition for rulemaking; consideration in the rulemaking
process.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) will consider,
within the scope of a Commission-directed rulemaking (Incorporation of
Lessons Learned from New Reactor Licensing Process (Parts 50 and 52
Licensing Process Alignment)), the issue raised in a petition for
rulemaking (PRM) submitted by Michael D. Tschiltz, on behalf of the
Nuclear Energy Institute (NEI), dated January 15, 2015. The petitioner
requested that the NRC amend its regulations to clarify and extend the
applicability of its regulations related to risk-informed
categorization and treatment of structures, systems, and components
(SSCs) for nuclear power reactors. The petition was docketed by the NRC
on February 6, 2015, and was assigned Docket No. PRM-50-110. The NRC
has determined that the PRM has merit and is appropriate for
consideration in the rulemaking process.
DATES: The docket for the petition for rulemaking, PRM-50-110, is
closed on October 20, 2020.
ADDRESSES: Please refer to Docket IDs NRC-2015-0028 and NRC-2009-0196
when contacting the NRC about the availability of information for this
petition. 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 IDs NRC-2015-0028 and NRC-
2009-0196. Address questions about NRC dockets to Dawn Forder;
telephone: 301-415-3407; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
The 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. 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]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to the PDR via email at [email protected] or call 1-800-397-4209
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: James O'Driscoll, Office of Nuclear
Material Safety and Safeguards; U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-1325; email:
James.O'[email protected].
SUPPLEMENTARY INFORMATION:
I. The Petition
The NRC received and docketed a PRM \1\ dated January 15, 2015,
submitted by Michael D. Tschiltz, on behalf of NEI. On March 27, 2015,
the NRC published a notice of docketing in the Federal Register (80 FR
16308). The NRC held a public meeting on September 16, 2015, to gain
further
[[Page 66499]]
understanding of the scope and bases for the PRM. The meeting summary
\2\ is publicly available.
---------------------------------------------------------------------------
\1\ On February 25, 2014, Anthony Pietrangelo, on behalf of NEI
(petitioner), submitted a letter (ADAMS Accession No. ML14056A278)
requesting that the NRC issue a direct final rulemaking to amend
Sec. 50.69, ``Risk-informed categorization and treatment of
structures, systems and components for nuclear power reactors,''
making it applicable to holders of combined licenses (COLs). The NRC
staff reviewed the petitioner's request and concluded that it did
not meet the NRC's acceptance criteria in Sec. 2.802(c) for a PRM
because the request did not include a description of the
petitioner's grounds for and interest in the requested action. On
April 11, 2014, under Sec. 2.802(c), the NRC offered the petitioner
an opportunity to meet the NRC's petition acceptance criteria within
90 days. On January 15, 2015, Michael D. Tschiltz, on behalf of NEI,
filed a PRM on the same topic, and included a description of the
petitioner's grounds for and interest in the requested action. The
NRC determined that the petition met the threshold sufficiency
requirements for a petition for rulemaking under Sec. 2.802,
``Petition for rulemaking,'' and the petition was docketed as PRM-
50-110.
\2\ The meeting summary indicated that the NRC might issue a
generic communication to clarify a misunderstanding of the reasons
that COL holders were excluded from the Sec. 50.69 provisions. The
NRC will conduct rulemaking to determine if COL holders can use
Sec. 50.69; NRC will not issue a separate generic communication on
this issue.
---------------------------------------------------------------------------
The petitioner asked the NRC to amend its regulations to clarify
and extend the applicability of section 50.69 of title 10 of the Code
of Federal Regulations (10 CFR), ``Risk-informed categorization and
treatment of structures, systems and components (SSCs) for nuclear
power reactors.'' The regulations in Sec. 50.69 allow nuclear power
plant licensees and certain applicants to seek NRC approval to
implement the Sec. 50.69 requirements as an alternative to compliance
with the requirements for Risk-Informed Safety Class (RISC)-3 and RISC-
4 SSCs listed in Sec. 50.69(b)(1)(i)-(xi). Currently, the
applicability provisions in Sec. 50.69 allow holders of a nuclear
power plant license under 10 CFR parts 50, ``Domestic Licensing of
Production and Utilization Facilities,'' and 54, ``Requirements for
Renewal of Operating Licenses for Nuclear Power Plants,'' and certain
applicants under 10 CFR parts 50 and 52, ``Licenses, Certifications,
and Approvals for Nuclear Power Plants,'' to voluntarily request the
NRC's review and approval to implement the provisions in Sec. 50.69.
However, because the ``applicability'' provisions in Sec. 50.69(b) do
not include COL holders under 10 CFR part 52, they cannot request the
NRC's review and approval to implement the provisions in Sec. 50.69.
The petitioner proposed a change to Sec. 50.69 to allow COL holders to
use the voluntary provisions of this regulation.
The petitioner asserted that preventing COL holders from using the
provisions in Sec. 50.69 is inappropriate and provided the following
arguments in support of its position:
A COL applicant that requests and receives NRC approval to
implement the provisions in Sec. 50.69 could later become a COL holder
and, therefore, would no longer be allowed to use the previous
approval.
As written, the regulation denies applicability to plants
possessing COLs for the life of the plant. A plant that currently holds
a COL and that has been in operation for 15 years is in all practical
matters no different than the current operating fleet, which, under the
current rule language, can implement the provisions in Sec. 50.69.
Combined license holders must comply with the regulations
in Sec. 50.71(h)(1) and (2), which require COL holders to produce and
maintain probabilistic risk assessments (PRAs) using NRC-endorsed PRA
consensus standards. Therefore, under the NRC's existing rules, COL
holders will possess the necessary PRA infrastructure to implement the
provisions in Sec. 50.69 effectively. In particular, these plants will
have developed Level 1 and Level 2 PRAs before fuel load. These PRAs
will have covered those initiating events and modes for which NRC-
endorsed consensus standards exist. Additionally, the NRC requires
these plants to periodically (every 4 years) maintain and upgrade the
PRA consistent with NRC-endorsed consensus standards until the
permanent cessation of operations under Sec. 52.110(a).
II. Reasons for Consideration
The NRC agrees that the PRM has technical merit. The NRC will
consider the issue raised in the PRM in its rulemaking process. The COL
holders under 10 CFR part 52 currently cannot use the provisions in
Sec. 50.69 to risk-inform the categorization of SSCs and change the
treatment of those SSCs.
The NRC did not receive public comment about the absence of an
applicability provision in Sec. 50.69 for COL holders in the 2003
proposed rule (68 FR 26511; May 16, 2003). The final provisions in
Sec. 50.69 issued on November 22, 2004 (69 FR 68008) retained this
feature of the proposed rule. In 2007, the NRC issued a final rule to
revise 10 CFR part 52 (72 FR 49352; August 28, 2007) and left the
applicability provisions unchanged. Therefore, COL holders currently
cannot request the NRC's review and approval to implement the
provisions in Sec. 50.69.
Upon further consideration, the NRC agrees with the petitioner that
a nuclear power plant that meets the requirements of Sec. 50.69,
whether licensed under part 50 or part 52, should have the opportunity
to implement the provisions in Sec. 50.69. The NRC agrees that all COL
holders that have developed a PRA under Sec. 50.71(h) should possess
the necessary PRA infrastructure to support an application for a
license amendment to use the provisions in Sec. 50.69.
In 2015, the Commission directed the staff to revise the
regulations in 10 CFR part 50 for new power reactor applications so
that they align with the requirements in 10 CFR part 52. In addition,
the staff was directed to revise the regulations in 10 CFR part 52 to
reflect lessons learned from recent new reactor licensing
activities.\3\ The NRC began this rulemaking in fiscal year 2019.
---------------------------------------------------------------------------
\3\ See SECY-15-0002, ``Proposed Updates of Licensing Policies,
Rules, and Guidance for Future New Reactor Applications,'' dated
January 8, 2015, and Staff Requirements Memorandum (SRM)-SECY-15-
0002, ``Proposed Updates of Licensing Policies, Rules, and Guidance
for Future New Reactor Applications,'' dated September 22, 2015.
---------------------------------------------------------------------------
Therefore, the NRC will consider the issue raised in PRM-50-110 in
the ``Incorporation of Lessons Learned From New Reactor Licensing
Process'' (Parts 50 and 52 Licensing Process Alignment) rulemaking.
III. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
ADAMS Accession
Document No. Federal
Register Citation
------------------------------------------------------------------------
Petition for Rulemaking to Amend 10 CFR 50.69, ML15037A481
``Risk-Informed Categorization and Treatment of
Structures, Systems and Components for Nuclear
Power Reactors,'' dated January 15, 2015...........
Notice of Docketing, ``Applicability of Risk- 80 FR 16308
Informed Categorization Regulation to Combined
Licenses,'' dated March 27, 2015...................
Meeting Summary, ``Discussion on the Petition for ML15268A353
Rulemaking Related to 10 CFR 50.69, Risk-Informed
Categorization and Treatment of Structures, Systems
and Components for Nuclear Power Reactors,'' dated
September 25, 2015.................................
Petition for Rulemaking, ``Applicability of 10 CFR ML14056A278
50.69 to Holders of Combined Operating Licenses
Under Part 52,'' dated February 25, 2014...........
Proposed Rule, ``Risk-Informed Categorization and 68 FR 26511
Treatment of Structures, Systems and Components for
Nuclear Power Reactors; Proposed Rule,'' dated May
16, 2003...........................................
Final Rule, ``Risk-Informed Categorization and 69 FR 68008
Treatment of Structures, Systems and Components for
Nuclear Power Reactors; Final Rule,'' dated
November 22, 2004..................................
[[Page 66500]]
Final Rule, ``Licenses, Certifications, and 72 FR 49352
Approvals for Nuclear Power Plants; Final Rule,''
dated August 28, 2007..............................
SECY-15-0002, ``Proposed Updates of Licensing ML13281A382
Policies, Rules, and Guidance for Future New
Reactor Applications,'' dated January 8, 2015......
SRM-SECY-15-0002, ``Staff Requirements--SECY-15- ML15266A023
0002--Proposed Updates of Licensing Policies,
Rules, and Guidance for Future New Reactor
Applications,'' dated September 22, 2015...........
------------------------------------------------------------------------
IV. Conclusion
For the reasons cited in this document, the NRC will consider the
issue raised in the PRM in an ongoing rulemaking process.
The NRC tracks the status of PRMs on its website at https:/
www.nrc.gov/about-nrc/regulatory/rulemaking/rules-petitions.html. In
addition, the Federal rulemaking website (https://www.regulations.gov)
allows you to receive alerts when changes or additions occur in a
docket folder. To subscribe: (1) Navigate to the docket folder (NRC-
2009-0196); (2) click the ``Email Alert'' link; and (3) enter your
email address and select how frequently you would like to receive
emails (daily, weekly, or monthly). As in all rulemakings, the NRC will
solicit and consider public comments during the proposed rule phase of
the rulemaking, before determining the approach that will become the
basis for the final rule. Publication of this document in the Federal
Register closes Docket ID NRC-2015-0028 for PRM-50-110.
Dated: October 13, 2020.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2020-23022 Filed 10-19-20; 8:45 am]
BILLING CODE 7590-01-P
