[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48351-48353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19811]


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NUCLEAR REGULATORY COMMISSION

[NRC-2011-0288]


Interim Staff Guidance on Changes During Construction

AGENCY: Nuclear Regulatory Commission.

ACTION: Interim staff guidance; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing its 
final Interim Staff Guidance (ISG) COL-ISG-025, ``Interim Staff 
Guidance on Changes During Construction.'' This ISG provides guidance 
to the NRC staff on the Preliminary Amendment Request (PAR) review 
process available to the combined license (COL) holders. The PAR is 
implemented through a license condition for use as an elective 
precursor to the license amendment process.

DATES: The effective date of this COL-ISG-025 is September 11, 2015.

ADDRESSES: Please refer to Docket ID NRC-2011-0288 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain 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-2011-0288. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly

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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 [email protected]. The ADAMS accession number for each 
document referenced (if it available in ADAMS) is provided the first 
time that a document is referenced. For the convenience of the reader, 
the ADAMS accession numbers are provided in a table in the 
``Availability of Documents'' section of this document.
     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.

FOR FURTHER INFORMATION CONTACT: Mark D. Notich, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-3053; email: [email protected].

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.

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                                                              Adams
                     Document title                       accession No.
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Federal Register notice; Office of New Reactors: Final       ML15058A383
 Interim Staff Guidance-025 Changes During Construction
 Under 10 CFR Part 52..................................
Interim Staff Guidance-025 Changes During Construction       ML15058A377
 Under 10 CFR Part 52 (Final)..........................
Nuclear Energy Institute Comments on Draft Interim           ML13304A498
 Staff Guidance (ISG) COL-ISG-025, Interim Staff
 Guidance on Changes During Construction (78 FR 49782);
 [Docket ID NRC-2011-0288].............................
Interim Staff Guidance on Changes During Construction        ML13045A125
 Under 10 CFR Part 52, COL-ISG-025 (Second draft for
 use and comment)......................................
Nuclear Energy Institute Comments on Interim Staff           ML12089A019
 Guidance (ISG) COL-ISG-025, Interim Staff Guidance on
 Changes During Construction Under 10 CFR Part 52 (77
 FR 1749); [Docket ID NRC-2011-0288]...................
Federal Register notice; Office of New Reactors: draft       ML111590693
 Interim Staff Guidance COL-ISG-025,Changes During
 Construction Under 10 CFR Part 52, (77 FR 1749).......
Interim Staff Guidance on Changes During Construction        ML111530026
 Under 10 CFR Part 52, COL-ISG -025 (First draft for
 use and comment)......................................
Regulatory Guide 1.187, Guidance for Implementation of       ML003759710
 10 CFR 50.59, Changes, Tests, and Experiments.........
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SUPPLEMENTARY INFORMATION:

I. Background

    On January 11, 2012 (77 FR 1749) the NRC staff issued notice for 
use of, and to solicit public comments on, draft COL-ISG-025,'' Interim 
Staff Guidance on Changes During Construction under part 52 of title 10 
of the Code of Federal Register (10 CFR). Following receipt of public 
comments and a period of using this PAR process, on August 15, 2013 (78 
FR 49782) the NRC staff issued a second notice for use of, and to 
solicit additional public comments on, draft COL-ISG-025. This ISG 
provides guidance to the staff on the PAR review process available to 
the initial 10 CFR part 52, ``Licenses, Certifications, and Approvals 
for Nuclear Power Plants,'' COL holders for use as an elective 
precursor to a license amendment request (LAR). The PAR process may 
facilitate the installation and testing of plant changes during 
construction. The NRC staff used and evaluated the PAR change process 
during the construction of the initial nuclear power plants licensed 
under 10 CFR part 52 and shall include this ISG in a new regulatory 
guide or in the next update of Regulatory Guide 1.187, ``Guidance for 
Implementation of 10 CFR 50.59, Changes, Tests, and Experiments'' 
(ADAMS Accession No. ML003759710).
    This final ISG provides guidance to the NRC staff on the PAR review 
process available to 10 CFR part 52 COL holders for use as an elective 
precursor to a LAR. The NRC staff used the draft guidance to evaluate 
the PAR change process during the construction of the initial nuclear 
power plants licensed under 10 CFR part 52.
    The final ISG is available through the NRC's public Web site at, 
http://www.nrc.gov/reading-rm/doc-collections/isg/, and in ADAMS under 
Accession No. ML15058A383.

II. Public Comments

A. Overview of Public Comments

    The NRC issued draft COL-ISG-025, ``Interim Staff Guidance on 
Changes during Construction Under 10 CFR part 52,'' in the Federal 
Register on January 11, 2012 (77 FR 1749) for a 75-day comment period. 
The comment period ended on March 26, 2012. The NRC reissued draft COL-
ISG-025 in the Federal Register on August 15, 2013 (78 FR 49782) for an 
additional 75-day comment period. The comment period ended on October 
29, 2013.
    The Commission received one comment submission on the second draft 
COL-ISG-025 from the Nuclear Energy Institute (NEI) (ADAMS Accession 
No. ML13304A498).
    The comment summary and the NRC's response for this submission are 
addressed below:

B. Comment Identification and Comment Response

    NEI Comment 1-1: Editorial and Clarification. Insert on page 3, 
paragraph 3, second sentence, add the phrase ``. . . may communicate 
the acceptance of the LAR, and . . .'' The sentence would then read as 
follows: ``The NRC's PAR determination letter may communicate the 
acceptance of the LAR, and will state whether the licensee may proceed 
in accordance with the PAR, LAR and COL-ISG-025.''
    NRC Response: The NRC staff does not agree with this comment. 
Although the review processes for accepting the LAR for detailed 
technical review and the PAR no objection review process are similar, 
and by design related, the technical organizations contributing to the 
reviews are not identical. No change was made to the ISG as a result of 
this comment.

III. Backfitting and Issue Finality

    Issuance of this ISG does not constitute backfitting as defined in 
10 CFR 50.109 (the Backfit Rule), or be regarded as backfitting under 
Commission and Executive Director for Operations guidance, and is not 
otherwise inconsistent with any of the issue finality provisions in 10 
CFR part 52. This ISG does not contain any new requirements for COL 
applicants or holders under 10 CFR part 52, or for licensees of 
existing operating units licensed under 10 CFR part 50. Rather,

[[Page 48353]]

it contains additional guidance and clarification on staff review of 
PARs.

V. 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 in Rockville, Maryland, this 31st day of July, 2015.

    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, New Reactor Rulemaking and Guidance Branch, Division of Advanced 
Reactors and Rulemaking, Office of New Reactors.
[FR Doc. 2015-19811 Filed 8-11-15; 8:45 am]
 BILLING CODE 7590-01-P