Nuclear Regulatory Commission.
Standard review plan-draft section revision; request for comment.
The U.S. Nuclear Regulatory Commission (NRC) is requesting public comment on draft NUREG-0800, “Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,” Section 18.0, “Human Factors Engineering.”
Comments must be filed no later than October 9, 2015. Comments received after this date will be considered, if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date.
You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0187. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: O12-H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
For additional direction on accessing information and submitting comments, see “Obtaining Information and Submitting Comments” in the SUPPLEMENTARY INFORMATION section of this document.
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FOR FURTHER INFORMATION CONTACT:
Mark D. Notich, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone at 301-415-3053 or email at Mark.Notich@nrc.gov.
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I. Obtaining Information and Submitting Comments
A. Obtaining Information.
Please refer to Docket ID NRC-2015-0187 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this action by the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0187.
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 email@example.com. The ADAMS accession number for each document referenced (if it available in ADAMS) is provided the first time that a document is referenced. The proposed revision to SRP Section 18.0, “Human Start Printed Page 47959Factors Engineering.” is available in ADAMS under Accession No. ML13108A095. A redline strikeout comparing the proposed revision to the current version can be found in ADAMS under Accession No. ML13108A098.
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.
B. Submitting Comments
Please include Docket ID NRC-2015-0187 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.
If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.
II. Further Information
The NRC's Office of New Reactors and Office of Nuclear Reactor Regulation are revising SRP Section 18.0, “Human Factors Engineering” from the current Revision 2. Details of specific proposed changes are included at the end of the revised section. The changes to this SRP section reflect current staff reviews, methods and practices based on lessons learned from NRC reviews of design certification and combined license applications completed since the last revision of this section. The changes also reflect updated regulatory guidance contained in NUREG-0711, “Human Factors Engineering Program Review Model,” (ADAMS Accession No. ML12324A013).
Changes to SRP Chapter 18 include: (1) Relocating to NUREG-0711 details regarding review of new applications and amendments to existing licenses,(2) providing additional discussion and detail regarding inspections, tests, analyses, and acceptance criteria (ITAAC) and design acceptance criteria (DAC) for new reactor applications submitted in accordance with requirements in part 52 of Title 10 of the Code of Federal Regulations (10 CFR), “Licenses, Certifications, and Approvals for Nuclear Power Plants,” (3) clarifying expectations for 10 CFR part 52 combined license reviews, (4) providing additional details regarding review interfaces, (5) making editorial and formatting revisions, including revised section numbering, and (6) incorporating guidance from the previously issued SRP Chapter 18, Appendix A, “Manual Operator Actions.”
Following the NRC staff's evaluation of public comments on the proposed Revision 3, the NRC intends to finalize SRP Section 18.0 Revision 3 in ADAMS, and post it on the NRC's public Web site at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/. The SRP is guidance for the NRC staff. The SRP is not a substitute for the NRC regulations, and compliance with the SRP is not required.
III. Backfitting and Issue Finality
The NRC is issuing a proposed revision to SRP Chapter 18.0. This document is used by the NRC staff as regulatory guidance while reviewing a control room design that reflects state-of-the-art human factor principles before a licensee commits to fabrication, or revision of fabricated control room panels and layouts. Issuance of this draft SRP, if finalized, would not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) or otherwise be inconsistent with the issue finality provisions in 10 CFR part 52. The NRC's position is based upon the following considerations:
1. The draft SRP positions, if finalized, 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's 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 nuclear power plant licensees or regulatory approvals either now or in the future (absent a voluntary request for change from the licensee, holder of a regulatory approval, or a design certification applicant).
The NRC staff does not intend to impose or apply the positions described in the draft SRP to existing licenses and regulatory approvals. Hence, the issuance of a final SRP—even if considered guidance within the purview of the issue finality provisions in 10 CFR part 52—would 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 draft SRP (if finalized) 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 applicants.
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) and/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 draft SRP (if finalized) in a manner that is inconsistent with any issue finality provisions.
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Dated at Rockville, Maryland, this 30th day of July, 2015.
For the Nuclear Regulatory Commission.
Chief, New Reactor Rulemaking and Guidance Branch, Division of Advanced Reactors and Rulemaking, Office of New Reactors.
[FR Doc. 2015-19585 Filed 8-7-15; 8:45 am]
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