701st Meeting of the Advisory Committee on Reactor Safeguards (ACRS), 68203-68204 [2022-24658]
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Federal Register / Vol. 87, No. 218 / Monday, November 14, 2022 / Notices
the CP preliminary safety analysis
report (PSAR); and discuss the bases for,
and safety significance of, the changes
from the PSAR. Before issuing an OL,
the NRC staff will review the applicant’s
final design in the FSAR to determine
whether all the Commission’s safety
requirements have been met.
The SRP contains the NRC staff
review guidance for light-water power
reactor applications submitted under 10
CFR part 50 or 10 CFR part 52. In
addition to the CP review guidance in
the SRP, RG 1.70, ‘‘Standard Format and
Content of Safety Analysis Reports for
Nuclear Power Plants: LWR Edition,’’
Revision 3, issued November 1978
(ADAMS Package Accession No.
ML011340122), offers some insights on
the level of detail that is required for the
PSAR in support of the CP application,
but these insights may be limited to the
degree that the guidance does not
account for subsequent requirements,
NRC technical positions, or advances in
technical knowledge. Regulatory Guide
1.206 provides guidance for 10 CFR part
52 applications, including for early site
permits and COLs, and includes insights
on the level of detail needed for final
design information if the CP applicant
chooses to provide such information.
The final ISG discusses the use of these
guidance documents and supplements
the guidance in the SRP.
The NRC recently issued CPs for two
nonpower production and utilization
facilities—SHINE Medical
Technologies, Inc., and Northwest
Medical Isotopes, LLC. Some of the
lessons learned from these reviews are
applicable to the review of powerreactor CP applications, as discussed in
the final ISG. The final ISG also
discusses other issues pertinent to the
safety review of CP applications for
light-water power reactors, including
the benefits accruing from
preapplication engagement, the
relationship between the CP and OL
reviews, the NRC’s approach for
reviewing applications incorporating
prior NRC approvals, the potential effect
of ongoing regulatory activities on CP
reviews, and licensing requirements for
source, byproduct, and special nuclear
material.
The comments received by the NRC
on the draft ISG are identified,
summarized, and considered in
Appendix C, ‘‘Analysis of Public
Comments on Draft Interim Staff
Guidance DNRL–ISG–2022–XX, Safety
Review of Light-Water Power-Reactor
Construction Permit Applications’’
(ADAMS Accession No. ML22189A100).
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II. Backfitting, Forward Fitting, and
Issue Finality
This ISG provides guidance for the
NRC staff review of light-water power
reactor construction permit
applications. Issuance of this final ISG
would not constitute backfitting as
defined in 10 CFR 50.109 (the Backfit
Rule) and as described in NRC
Management Directive 8.4,
‘‘Management of Backfitting, Forward
Fitting, Issue Finality, and Information
Requests’’; would not affect the issue
finality of an approval under 10 CFR
part 52; and would not constitute
forward fitting as that term is defined
and described in Management Directive
8.4. The staff’s position is based upon
the following considerations:
The final ISG positions would not
constitute backfitting or forward fitting
or affect issue finality, inasmuch as the
ISG would be internal guidance to NRC
staff. The ISG provides interim guidance
to the staff on how to review an
application for NRC regulatory approval
in the form of licensing. Changes in
internal staff guidance, without further
NRC action, are not matters that meet
the definition of backfitting or forward
fitting or affect the issue finality of a
Part 52 approval.
Backfitting and issue finality—with
certain exceptions discussed in this
section—do not apply to current or
future CP applicants. CP applicants and
potential CP 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, as applicable to
guidance for CP applications, are
whenever a 10 CFR part 50 CP applicant
references a license (e.g., an early site
permit) or an NRC regulatory approval
(e.g., a design certification rule) (or
both) for which specified issue finality
provisions apply. The NRC staff does
not currently intend to impose the
positions represented in this ISG 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 ISG in a manner
that would constitute backfitting or be
inconsistent with these issue finality
provisions, the NRC staff must make the
requisite showing as set forth in the
Backfit Rule or address the regulatory
criteria set forth in the applicable issue
finality provision, as applicable, that
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68203
would allow the staff to impose the
position.
Forward fitting—The Commission’s
forward fitting policy generally does not
apply when an applicant files an initial
licensing action for a new facility.
Nevertheless, the staff does not, at this
time, intend to impose the positions
represented in the final ISG in a manner
that would constitute forward fitting.
III. Congressional Review Act
This ISG is a rule as defined in the
Congressional Review Act (5 U.S.C.
801–808). However, the Office of
Management and Budget has not found
it to be a major rule as defined in the
Congressional Review Act.
Dated: November 7, 2022.
For the Nuclear Regulatory Commission.
Bernadine I. Thomson,
Deputy Director, Division of New and
Renewed Licenses, Office of Nuclear Reactor
Regulation.
[FR Doc. 2022–24663 Filed 11–10–22; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
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701st Meeting of the Advisory
Committee on Reactor Safeguards
(ACRS)
In accordance with the purposes of
Sections 29 and 182b of the Atomic
Energy Act (42 U.S.C. 2039, 2232(b)),
the Advisory Committee on Reactor
Safeguards (ACRS) will hold meetings
on November 29–December 2, 2022. The
Committee will be conducting meetings
that will include some members being
physically present at the NRC while
other members participate remotely.
Interested members of the public are
encouraged to participate remotely in
any open sessions via MS Teams or via
phone at 301–576–2978, passcode
365869959#. A more detailed agenda
including the MS Teams link may be
found at the ACRS public website at
https://www.nrc.gov/reading-rm/doccollections/acrs/agenda/. If
you would like the MS Teams link
forwarded to you, please contact the
Designated Federal Officer as follows:
Quynh.Nguyen@nrc.gov, or
Lawrence.Burkhart@nrc.gov.
Tuesday, November 29, 2022
1:00 p.m.–1:05 p.m.: Opening
Remarks by the ACRS Chairman
(Open)—The ACRS Chairman will make
opening remarks regarding the conduct
of the meeting.
1:05 p.m.–2:45 p.m.: Draft Guide
(DG)–1374, ‘‘Criteria for Use of
Computers in Safety Systems at Nuclear
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68204
Federal Register / Vol. 87, No. 218 / Monday, November 14, 2022 / Notices
Power Plants’’/Preparation of Reports/
SHINE Topics and Letter Report
(Open)—The Committee will have
presentations and discussion with
representatives from the NRC staff
regarding the subject topic.
2:45 p.m.–3:45 p.m.: Committee
Deliberation on DG–1374, ‘‘Criteria for
Use of Computers in Safety Systems at
Nuclear Power Plants’’/Preparation of
Reports (Open)—The Committee will
deliberate regarding the subject topic.
3:45 p.m.–5:15 p.m.: SHINE Operating
License Application—Final Safety
Evaluation Report (Open/Closed)—The
Committee will have presentations and
discussion with representatives from the
NRC staff regarding the subject topic.
[Note: Pursuant to 5 U.S.C. 552b(c)(4), a
portion of this session may be closed in
order to discuss and protect information
designated as proprietary.]
5:15 p.m.–6:00 p.m.: Committee
Deliberation on SHINE Operating
License Application—Final Safety
Evaluation Report (Open/Closed)—The
Committee will deliberate regarding the
subject topic. [Note: Pursuant to 5
U.S.C. 552b(c)(4), a portion of this
session may be closed in order to
discuss and protect information
designated as proprietary.]
Wednesday, November 30, 2022
8:30 a.m.–10:30 a.m.: Kairos Fuel
Qualification Methodology Topical
Report (Open/Closed)—The Committee
will have presentations and discussion
with representatives from the NRC staff
regarding the subject topic. [Note:
Pursuant to 5 U.S.C. 552b(c)(4), a
portion of this session may be closed in
order to discuss and protect information
designated as proprietary.]
10:30 a.m.–11:30 a.m.: Committee
Deliberation on Kairos Fuel
Qualification Methodology Topical
Report (Open/Closed)—The Committee
will deliberate regarding the subject
topic. [Note: Pursuant to 5 U.S.C.
552b(c)(4), a portion of this session may
be closed in order to discuss and protect
information designated as proprietary.]
1:00 p.m.–6:00 p.m.: Preparation of
Reports (Open)—The Committee will
continue its discussion of proposed
ACRS reports.
khammond on DSKJM1Z7X2PROD with NOTICES
Thursday, December 1, 2022
8:30 a.m.–6:00 p.m.: Preparation of
Reports (Open/Closed)—The Committee
will continue its discussion of proposed
ACRS reports. [NOTE: Pursuant to 5
U.S.C. 552b(c)(4), a portion of this
session may be closed in order to
discuss and protect information
designated as proprietary.]
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Friday, December 2, 2022
8:30 a.m.–1:30 p.m.: Future ACRS
Activities/Report of the Planning and
Procedures Subcommittee and
Reconciliation of ACRS Comments and
Recommendations/Preparation of
Reports (Open/Closed)—The Committee
will hear discussion of the
recommendations of the Planning and
Procedures Subcommittee regarding
items proposed for consideration by the
Full Committee during future ACRS
meetings, and/or proceed to preparation
of reports as determined by the
Chairman. [Note: Pursuant to 5 U.S.C.
552b(c)(4), a portion of this session may
be closed in order to discuss and protect
information designated as proprietary.].
[Note: Pursuant to 5 U.S.C. 552b(c)(2), a
portion of this meeting may be closed to
discuss organizational and personnel
matters that relate solely to internal
personnel rules and practices of the
ACRS.]
1:30 p.m.–6:00 p.m.: Preparation of
Reports (Open)—The Committee will
continue its discussion of proposed
ACRS reports.
Procedures for the conduct of and
participation in ACRS meetings were
published in the Federal Register on
June 13, 2019 (84 FR 27662). In
accordance with those procedures, oral
or written views may be presented by
members of the public, including
representatives of the nuclear industry.
Persons desiring to make oral statements
should notify Quynh Nguyen, Cognizant
ACRS Staff and the Designated Federal
Officer (DFO) (Telephone: 301–415–
5844, Email: Quynh.Nguyen@nrc.gov), 5
days before the meeting, if possible, so
that appropriate arrangements can be
made to allow necessary time during the
meeting for such statements. In view of
the possibility that the schedule for
ACRS meetings may be adjusted by the
Chairman as necessary to facilitate the
conduct of the meeting, persons
planning to attend should check with
the cognizant ACRS staff if such
rescheduling would result in major
inconvenience.
An electronic copy of each
presentation should be emailed to the
cognizant ACRS staff at least one day
before the meeting.
In accordance with Subsection 10(d)
of Public Law 92–463 and 5 U.S.C.
552b(c), certain portions of this meeting
may be closed, as specifically noted
above. Use of still, motion picture, and
television cameras during the meeting
may be limited to selected portions of
the meeting as determined by the
Chairman. Electronic recordings will be
permitted only during the open portions
of the meeting.
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ACRS meeting agendas, meeting
transcripts, and letter reports are
available through the NRC Public
Document Room (PDR) at pdr.resource@
nrc.gov, or by calling the PDR at 1–800–
397–4209, or from the Publicly
Available Records System component of
NRC’s Agencywide Documents Access
and Management System, which is
accessible from the NRC website at
https://www.nrc.gov/reading-rm/
adams.html or https://www.nrc.gov/
reading-rm/doc-collections/#ACRS/.
Dated: November 7, 2022.
Brooke P. Clark,
Secretary of the Commission.
[FR Doc. 2022–24658 Filed 11–10–22; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2022–0001]
Sunshine Act Meetings
Weeks of November 14,
21, 28, December 5, 12, 19, 2022. The
schedule for Commission meetings is
subject to change on short notice. The
NRC Commission Meeting Schedule can
be found on the internet at: https://
www.nrc.gov/public-involve/publicmeetings/schedule.html.
PLACE: The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.,
braille, large print), please notify Anne
Silk, NRC Disability Program Specialist,
at 301–287–0745, by videophone at
240–428–3217, or by email at
Anne.Silk@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
STATUS: Public.
Members of the public may request to
receive the information in these notices
electronically. If you would like to be
added to the distribution, please contact
the Nuclear Regulatory Commission,
Office of the Secretary, Washington, DC
20555, at 301–415–1969, or by email at
Wendy.Moore@nrc.gov or Tyesha.Bush@
nrc.gov.
MATTERS TO BE CONSIDERED:
TIME AND DATE:
Week of November 14, 2022
There are no meetings scheduled for
the week of November 14, 2022.
Week of November 21, 2022—Tentative
There are no meetings scheduled for
the week of November 21, 2022.
E:\FR\FM\14NON1.SGM
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Agencies
[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Notices]
[Pages 68203-68204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24658]
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NUCLEAR REGULATORY COMMISSION
701st Meeting of the Advisory Committee on Reactor Safeguards
(ACRS)
In accordance with the purposes of Sections 29 and 182b of the
Atomic Energy Act (42 U.S.C. 2039, 2232(b)), the Advisory Committee on
Reactor Safeguards (ACRS) will hold meetings on November 29-December 2,
2022. The Committee will be conducting meetings that will include some
members being physically present at the NRC while other members
participate remotely. Interested members of the public are encouraged
to participate remotely in any open sessions via MS Teams or via phone
at 301-576-2978, passcode 365869959#. A more detailed agenda including
the MS Teams link may be found at the ACRS public website at https://www.nrc.gov/reading-rm/doc-collections/acrs/agenda/. If you
would like the MS Teams link forwarded to you, please contact the
Designated Federal Officer as follows: [email protected], or
[email protected].
Tuesday, November 29, 2022
1:00 p.m.-1:05 p.m.: Opening Remarks by the ACRS Chairman (Open)--
The ACRS Chairman will make opening remarks regarding the conduct of
the meeting.
1:05 p.m.-2:45 p.m.: Draft Guide (DG)-1374, ``Criteria for Use of
Computers in Safety Systems at Nuclear
[[Page 68204]]
Power Plants''/Preparation of Reports/SHINE Topics and Letter Report
(Open)--The Committee will have presentations and discussion with
representatives from the NRC staff regarding the subject topic.
2:45 p.m.-3:45 p.m.: Committee Deliberation on DG-1374, ``Criteria
for Use of Computers in Safety Systems at Nuclear Power Plants''/
Preparation of Reports (Open)--The Committee will deliberate regarding
the subject topic.
3:45 p.m.-5:15 p.m.: SHINE Operating License Application--Final
Safety Evaluation Report (Open/Closed)--The Committee will have
presentations and discussion with representatives from the NRC staff
regarding the subject topic. [Note: Pursuant to 5 U.S.C. 552b(c)(4), a
portion of this session may be closed in order to discuss and protect
information designated as proprietary.]
5:15 p.m.-6:00 p.m.: Committee Deliberation on SHINE Operating
License Application--Final Safety Evaluation Report (Open/Closed)--The
Committee will deliberate regarding the subject topic. [Note: Pursuant
to 5 U.S.C. 552b(c)(4), a portion of this session may be closed in
order to discuss and protect information designated as proprietary.]
Wednesday, November 30, 2022
8:30 a.m.-10:30 a.m.: Kairos Fuel Qualification Methodology Topical
Report (Open/Closed)--The Committee will have presentations and
discussion with representatives from the NRC staff regarding the
subject topic. [Note: Pursuant to 5 U.S.C. 552b(c)(4), a portion of
this session may be closed in order to discuss and protect information
designated as proprietary.]
10:30 a.m.-11:30 a.m.: Committee Deliberation on Kairos Fuel
Qualification Methodology Topical Report (Open/Closed)--The Committee
will deliberate regarding the subject topic. [Note: Pursuant to 5
U.S.C. 552b(c)(4), a portion of this session may be closed in order to
discuss and protect information designated as proprietary.]
1:00 p.m.-6:00 p.m.: Preparation of Reports (Open)--The Committee
will continue its discussion of proposed ACRS reports.
Thursday, December 1, 2022
8:30 a.m.-6:00 p.m.: Preparation of Reports (Open/Closed)--The
Committee will continue its discussion of proposed ACRS reports. [NOTE:
Pursuant to 5 U.S.C. 552b(c)(4), a portion of this session may be
closed in order to discuss and protect information designated as
proprietary.]
Friday, December 2, 2022
8:30 a.m.-1:30 p.m.: Future ACRS Activities/Report of the Planning
and Procedures Subcommittee and Reconciliation of ACRS Comments and
Recommendations/Preparation of Reports (Open/Closed)--The Committee
will hear discussion of the recommendations of the Planning and
Procedures Subcommittee regarding items proposed for consideration by
the Full Committee during future ACRS meetings, and/or proceed to
preparation of reports as determined by the Chairman. [Note: Pursuant
to 5 U.S.C. 552b(c)(4), a portion of this session may be closed in
order to discuss and protect information designated as proprietary.].
[Note: Pursuant to 5 U.S.C. 552b(c)(2), a portion of this meeting may
be closed to discuss organizational and personnel matters that relate
solely to internal personnel rules and practices of the ACRS.]
1:30 p.m.-6:00 p.m.: Preparation of Reports (Open)--The Committee
will continue its discussion of proposed ACRS reports.
Procedures for the conduct of and participation in ACRS meetings
were published in the Federal Register on June 13, 2019 (84 FR 27662).
In accordance with those procedures, oral or written views may be
presented by members of the public, including representatives of the
nuclear industry. Persons desiring to make oral statements should
notify Quynh Nguyen, Cognizant ACRS Staff and the Designated Federal
Officer (DFO) (Telephone: 301-415-5844, Email: [email protected]), 5
days before the meeting, if possible, so that appropriate arrangements
can be made to allow necessary time during the meeting for such
statements. In view of the possibility that the schedule for ACRS
meetings may be adjusted by the Chairman as necessary to facilitate the
conduct of the meeting, persons planning to attend should check with
the cognizant ACRS staff if such rescheduling would result in major
inconvenience.
An electronic copy of each presentation should be emailed to the
cognizant ACRS staff at least one day before the meeting.
In accordance with Subsection 10(d) of Public Law 92-463 and 5
U.S.C. 552b(c), certain portions of this meeting may be closed, as
specifically noted above. Use of still, motion picture, and television
cameras during the meeting may be limited to selected portions of the
meeting as determined by the Chairman. Electronic recordings will be
permitted only during the open portions of the meeting.
ACRS meeting agendas, meeting transcripts, and letter reports are
available through the NRC Public Document Room (PDR) at
[email protected], or by calling the PDR at 1-800-397-4209, or from
the Publicly Available Records System component of NRC's Agencywide
Documents Access and Management System, which is accessible from the
NRC website at https://www.nrc.gov/reading-rm/adams.html or https://www.nrc.gov/reading-rm/doc-collections/#ACRS/.
Dated: November 7, 2022.
Brooke P. Clark,
Secretary of the Commission.
[FR Doc. 2022-24658 Filed 11-10-22; 8:45 am]
BILLING CODE 7590-01-P