[Federal Register Volume 78, Number 116 (Monday, June 17, 2013)]
[Notices]
[Pages 36278-36279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14309]


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NUCLEAR REGULATORY COMMISSION

[NRC-2012-0159]


Fuel Oil Systems for Emergency Power Supplies

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
revision 2 of Regulatory Guide (RG) 1.137, ``Fuel Oil Systems for 
Emergency Power Supplies.'' Revision 2 of RG 1.137 endorses ANSI/ANS-
59.51-1997, ``Fuel Oil Systems for Safety-Related Emergency Diesel 
Generators,'' (reaffirmed in October 2007) with the exceptions and 
clarification stated in the RG. ANSI/ANS-59.51-1997 describes methods 
that the NRC considers acceptable for use in complying with NRC 
regulations for assuring the quality of fuel oil for emergency diesel 
generators used in nuclear power plants.

ADDRESSES: Please refer to Docket ID NRC-2012-0159 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 the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0159. 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 ADAMS accession number 
for each document referenced in this notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. Revision 2 of Regulatory Guide 1.137, is available in ADAMS 
under Accession No. ML12300A122. The regulatory analysis may be found 
in ADAMS under Accession No. ML121090459.
     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.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

FOR FURTHER TECHNICAL INFORMATION CONTACT: Mark Orr, Division of 
Engineering, Office of Nuclear Regulatory Research, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-251-
7495; email: Mark.Orr@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is issuing a revision to an existing guide in the NRC's 
``Regulatory Guide'' series. This series was developed to describe and 
make available to the public information such as methods that are 
acceptable to the NRC staff for implementing specific parts of the 
NRC's regulations, techniques that the staff uses in evaluating 
specific problems or postulated accidents, and data that the staff 
needs in its review of applications for permits and licenses.

II. Further Information

    Revision 2 of RG 1.137 endorses American National Standards 
Institute (ANSI), American Nuclear Society (ANS) (ANSI/ANS) Standard 
59.51-1997, ``Fuel Oil Systems for Safety-Related Emergency Diesel 
Generators,'' (reaffirmed in October 2007), and American Society for 
Testing and Materials (ASTM) standard D975-13, ``Standard Specification 
for Diesel Fuel Oils,'' with the exceptions stated in the regulatory 
positions. Both ANSI/ANS-59.51-1997 and ASTM D975-13 describe methods 
the NRC considers acceptable for use in complying with NRC requirements 
for assuring the quality of fuel oil and fuel oil systems for emergency 
diesel generators used in nuclear power plants. The methods described 
in ANSI/ANS 59.51-1997 and ASTM D975-13 are consistent with NRC 
requirements derived from ``General Design Criteria (GDC) 17, Electric 
Power Systems'' in Appendix A to Part 50 of Title 10, of the Code of 
Federal Regulations (10 CFR),

[[Page 36279]]

``Domestic Licensing of Production and Utilization Facilities,'' and 10 
CFR 50.55a.
    The 1979 revision to RG 1.137 endorsed the guidance in ANSI 
Standard N195-1976, ``Fuel Oil Systems for Standby Diesel-Generators.'' 
The ANSI standard was revised in 1989 and reformatted and revised in 
1997 as ANSI/ANS-59.51-1997 with no change to RG 1.137. Revision 2 of 
RG 1.137 endorses the most current version of the ANSI/ANS standard.
    Revision 2 of RG 1.137 was issued with a temporary identification 
as Draft Regulatory Guide, DG-1282 on July 5, 2012 (77 FR 39745) for a 
60-day public comment period. The public comment period was extended 
until September 28, 2012 (77 FR 48177). Public comments were received 
and addressed by the NRC staff. These comments and the NRC staff 
responses are available in ADAMS under Accession No. ML12300A121.
    The NRC prepared a regulatory analysis for the development of DG-
1285 and it is available in ADAMS under Accession No. ML121090459.
    Revision 2 of RG 1.137 supersedes Revision 1 of RG 1.137, and 
represents the NRC staff's guidance for future users and applications. 
Earlier versions of this regulatory guide, however, continue to be 
acceptable for those licensees whose licensing basis includes earlier 
versions of this regulatory guide, absent a licensee-initiated change 
to its licensing basis. Additional information on the staff's use of 
this revised regulatory guide with respect to both current and future 
users and applications is set forth in the ``Implementation'' section 
of the revised regulatory guide.

III. Backfitting and Issue Finality

    Issuance of this final regulatory guide does not constitute 
backfitting as defined in 10 CFR 50.109 (the Backfit Rule) and is not 
otherwise inconsistent with the issue finality provisions in 10 CFR 
Part 52. As discussed in the ``Implementation'' section of this 
regulatory guide, the NRC has no current intention to impose this 
regulatory guide on holders of current operating licenses or combined 
licenses.
    This regulatory guide may be applied to applications for operating 
licenses and combined licenses docketed by the NRC as of the date of 
issuance of the final regulatory guide, as well as future applications 
for operating licenses and combined licenses submitted after the 
issuance of the regulatory guide. Such action does not constitute 
backfitting as defined in 10 CFR 50.109(a)(1) or is otherwise 
inconsistent with the applicable issue finality provision in 10 CFR 
Part 52, inasmuch as such applicants or potential applicants are not 
within the scope of entities protected by the Backfit Rule or the 
relevant issue finality provisions in Part 52.

Congressional Review Act

    This regulatory guide is a rule as designated in the Congressional 
Review Act (5 U.S.C. 801-808). However, the Office of Management and 
Budget (OMB) has not found it to be a major rule as designated in the 
Congressional Review Act.

    Dated at Rockville, Maryland, this 7th day of June, 2013.

    For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guide Development Branch, Division of Engineering, 
Office of Nuclear Regulatory Research.
[FR Doc. 2013-14309 Filed 6-14-13; 8:45 am]
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