[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Notices]
[Pages 26784-26785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10715]


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NUCLEAR REGULATORY COMMISSION

[NRC-2013-0160]


Revisions to Design of Structures, Components, Equipment, and 
Systems

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan-final section revision; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing final 
revisions to the following sections in Chapter 3 of NUREG-0800, 
``Standard Review Plan for the Review of Safety Analysis Reports for 
Nuclear Power Plants: LWR Edition,'' Section 3.9.3, ``ASME Code Class 
1, 2, and 3 Components and Component Supports, and Core Support 
Structures,'' and Section 3.12, ``ASME Code Class 1, 2, and 3 Piping 
Systems, Piping Components and their Associated Supports.''

DATES: The effective date of this Standard Review Plan (SRP) update is 
July 8, 2014.

ADDRESSES: Please refer to Docket ID NRC-2013-0160 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0160. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; 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 obtain publicly available documents online in the 
ADAMS Public Documents collection 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 document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced. The final revisions and previously 
issued draft revisions for public use and comment are available in 
ADAMS under the following Accession Nos.:

----------------------------------------------------------------------------------------------------------------
              SRP section                          Final revision                       Draft revision
----------------------------------------------------------------------------------------------------------------
3.9.3.................................  ML14043A231                          ML12334A360
3.12..................................  ML14042A513                          ML12334A376
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    The NRC posts its issued staff guidance on the NRC's external Web 
page: http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/.

FOR FURTHER INFORMATION CONTACT: Jonathan DeGange, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone at 301-415-6992 or email at Jonathan.DeGange@nrc.gov.

SUPPLEMENTARY INFORMATION:

[[Page 26785]]

I. Background

    On August 9, 2013 (78 FR 48727), the NRC staff issued the 
previously mentioned proposed revised SRP sections for public comment. 
The NRC staff received no comments on the proposed revisions. This 
guidance is being issued as final for use. There were no changes made 
to the guidance since it was issued for public comment. Details of 
specific changes between current SRP guidance and the final guidance 
being issued here are included at the end of each of the revised 
sections themselves, under the ``Description of Changes'' subsections.

II. Backfitting and Issue Finality

    These SRP section revisions provide guidance to the staff for 
reviewing applications for a construction permit and an operating 
license under part 50 of Title 10 of the Code of Federal Regulations 
(10 CFR) with respect to designs of structures, components, equipment, 
and systems. The SRP also provides guidance for reviewing an 
application for a standard design approval, a standard design 
certification, a combined license, and a manufacturing license under 10 
CFR Part 52 with respect to those same subject matters.
    Issuance of these SRP section revisions does not constitute 
backfitting as defined in 10 CFR 50.109 (the Backfit Rule) nor is it 
inconsistent with the issue finality provisions in 10 CFR part 52. The 
NRC's position is based upon the following considerations.

1. The SRP Positions Would Not Constitute Backfitting, Inasmuch as the 
SRP Is Internal Guidance to NRC Staff

    The SRP provides internal guidance to the NRC staff on how to 
review an application for NRC regulatory approval in the form of 
licensing. Changes in internal staff guidance are not matters for which 
either nuclear power plant applicants or licensees are protected under 
either the Backfit Rule or the issue finality provisions of 10 CFR part 
52.

2. The NRC Staff Has No Intention To Impose the SRP Positions on 
Existing Licensees Either Now or in the Future

    The NRC staff does not intend to impose or apply the positions 
described in the SRP to existing licenses and regulatory approvals. 
Hence, the issuance of this SRP--even if considered guidance within the 
purview of the issue finality provisions in 10 CFR part 52--does not 
need to be evaluated as if it were a backfit or as being inconsistent 
with issue finality provisions. If, in the future, the NRC staff seeks 
to impose a position in the SRP on holders of already-issued licenses 
in a manner that does not provide issue finality as described in the 
applicable issue finality provision, then the staff must make the 
showing as set forth in the Backfit Rule or address the criteria for 
avoiding issue finality as described in the applicable issue finality 
provision.

3. Backfitting and Issue Finality Do Not--With Limited Exceptions Not 
Applicable Here--Protect Current or Future Applicant

    Applicants and potential applicants are not, with certain 
exceptions, protected by either the Backfit Rule or any issue finality 
provisions under 10 CFR part 52. Neither the Backfit Rule nor the issue 
finality provisions under 10 CFR part 52--with certain exclusions--were 
intended to apply to every NRC action that substantially changes the 
expectations of current and future applicants. The exceptions to the 
general principle are applicable whenever an applicant references a 10 
CFR part 52 license (e.g., an early site permit) or NRC regulatory 
approval (e.g., a design certification rule) with specified issue 
finality provisions. The NRC staff does not, at this time, intend to 
impose the positions represented in the SRP in a manner that is 
inconsistent with any issue finality provisions. If, in the future, the 
staff seeks to impose a position in the SRP section in a manner that 
does not provide issue finality as described in the applicable issue 
finality provision, then the staff must address the criteria for 
avoiding issue finality as described in the applicable issue finality 
provision.

III. Congressional Review Act

    This action 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 at Rockville, Maryland, this 1st day of May 2014.

    For the Nuclear Regulatory Commission.
Stephen Koenick,
Acting Chief, Policy Branch, Division of Advanced Reactors and 
Rulemaking, Office of New Reactors.
[FR Doc. 2014-10715 Filed 5-8-14; 8:45 am]
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