[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Notices]
[Pages 31614-31615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12422]


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NUCLEAR REGULATORY COMMISSION

[NRC-2012-0247]


Implementation of Regulatory Guide 1.221 on Design-Basis 
Hurricane and Hurricane Missiles

AGENCY: Nuclear Regulatory Commission.

ACTION: Interim staff guidance; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) staff is issuing 
its Final Interim Staff Guidance (ISG) DC/COL-ISG-024. The purpose of 
this ISG is to provide the staff guidance regarding the application of 
Regulatory Guide (RG) 1.221, ``Design-Basis Hurricane and Hurricane 
Missiles for Nuclear Power Plants,'' in support of NRC reviews of early 
site permit (ESP), standard design certification (DC), and combined 
license (COL) applications being performed under the March 2007 version 
of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis 
Reports for Nuclear Power Plants: LWR Edition.'' This ISG applies to 
reviews of ESP, DC and COL applications where the resolution of the 
applicant's conformance with RG 1.221 has not already been achieved as 
of the effective date of this guidance.

DATES: The effective date of this COL-ISG is June 24, 2013.

ADDRESSES: Please refer to Docket ID NRC-2012-0247 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, using any of the following 
methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0247. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then 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 Final ISG is under ADAMS 
Accession No. ML13015A693.

------------------------------------------------------------------------
     ADAMS  Accession No.               Document title
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ML13015A688.........................  Interim Staff Guidance-024 on
                                       Implementation of Regulatory
                                       Guide 1.221 on Design-Basis
                                       Hurricane and Hurricane Missiles
                                       (Package).
ML13015A693.........................  Interim Staff Guidance-024 on
                                       Implementation of Regulatory
                                       Guide 1.221 on Design-Basis
                                       Hurricane and Hurricane Missiles.

[[Page 31615]]

 
ML13015A696.........................  Comment Response Document--Interim
                                       Staff Guidance-024 on
                                       Implementation of Regulatory
                                       Guide 1.221 on Design-Basis
                                       Hurricane and Hurricane Missiles.
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     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, MD 20852.

FOR FURTHER INFORMATION CONTACT: Mr. Joseph Colaccino, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-7102 or by email at joseph .colaccino@nrc.gov

SUPPLEMENTARY INFORMATION: The staff issues DC/COL-ISGs to facilitate 
staff activities associated with its review of ESP, DC, and COL 
applications. This ISG supplements the guidance contained in RG 1.206, 
Revision 0, ``Combined License Applications for Nuclear Power Plants, 
(LWR Edition)'' (ML070630003) In addition, this ISG supplements the 
guidance provided for staff review of ESP, DC, and COL applications 
contained in NUREG-0800, Standard Review Plan (SRP), dated March 2007 
(ML070630003). On October 22, 2012 (77 FR 64564), the staff issued the 
proposed DC/COL-ISG-024 ``Interim Staff Guidance Implementation of 
Regulatory Guide 1.221 on Design-Basis Hurricane and Hurricane 
Missiles,'' ADAMS Accession No. ML12132A508. The staff received 
questions and editorial comments from three commenters which were 
considered in the development of the final ISG-024. The questions, 
comments, and staff answers and resolutions of those questions and 
comments are contained in ``ISG-024 Comment Resolution'' which can be 
found in ADAMS under Accession No. ML13015A696.
    The NRC posts all final ISGs on the NRC's public Web page at http://www.nrc.gov/reading-rm/doc-collections/isg/, which is where the public 
may easily obtain access to ISG DC/COL-ISG-024.

Backfitting and Issue Finality

    Issuance of this final ISG does not constitute backfitting as 
defined in Section 50.109 of Title 10 of the Code of Federal 
Regulations (10 CFR) (the Backfit Rule), and is not otherwise 
inconsistent with the issue finality provisions in 10 CFR Part 52, with 
respect to current and future applicants other than COL applicants 
referencing one of the four current final design certification rules. 
The NRC staff's position is based upon the following considerations:
     The ISG positions do not constitute backfitting, inasmuch 
as the ISG is internal guidance directed at the NRC staff with respect 
to their regulatory responsibilities.
     Backfitting and issue finality do not protect these 
current or future applicants.
    Issuance of this final ISG may be viewed as constituting 
backfitting as defined in 10 CFR 50.109 (the Backfit Rule) and may be 
considered to be inconsistent with the issue finality provisions in 10 
CFR Part 52, with respect to current and future COL applicants 
referencing the ABWR design certification rule (10 CFR Part 52, 
Appendix A), or the AP1000 design certification rule (10 CFR Part 52, 
Appendix D). Backfitting and issue finality concerns are limited to the 
ISG discussion of consideration of hurricane winds and hurricane 
missiles. The NRC staff has determined that the guidance in the ISG 
with respect to consideration of hurricane wind and hurricane missiles, 
when imposed on COL applicants referencing these two design 
certification rules, would be necessary to provide adequate protection 
to public health and safety with respect to hurricane winds and 
missiles. In addition, the imposition would correct an omission where 
two approved design certifications do not have site parameters for 
hurricane winds and hurricane missiles, which are needed to provide 
compliance with General Design Criterion (GDC) 2 and GDC 4 in 10 CFR 
Part 50, Appendix A. If a nuclear power plant using these certified 
designs is located at a site where the hurricane loads and/or the 
hurricane-generated missile spectra are not bounded by tornado loads 
and tornado missile spectra, then safety-related structures required to 
withstand hurricane loads and hurricane-generated missiles may not be 
adequate and therefore would be in non-compliance with GDC 2 and GDC 4, 
and would not provide adequate protection to public health and safety 
against hurricanes of credible intensity that might impact the site. 
Therefore, any future action to impose this ISG on current and future 
COL applicants referencing the ABWR design certification rule (10 CFR 
Part 52, Appendix A), or the AP1000 design certification rule (10 CFR 
Part 52, Appendix D) would meet the Backfit Rule and would be permitted 
under the issue finality provisions in 10 CFR 52.63(a).

Congressional Review Act

    This interim staff guidance is a rule as defined in the 
Congressional Review Act (5 U.S.C. 801-808). However, OMB has not found 
it to be a major rule as designated in the Congressional Review Act.

SUPPLEMENTARY INFORMATION: The agency posts its issued staff guidance 
in the agency external Web page (http://www.nrc.gov/reading-rm/doc-collections/isg/).

    Dated at Rockville, Maryland, this 14th day of May 2013.

    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, Division of Advanced Reactors and Rulemaking, 
Office of New Reactors.
[FR Doc. 2013-12422 Filed 5-23-13; 8:45 am]
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