Nuclear Regulatory Commission.
The U.S. Nuclear Regulatory Commission (NRC) is issuing NUREG-2214, “Managing Aging Processes in Storage (MAPS) Report.” The NUREG provides guidance to the NRC technical review staff and establishes a technical basis for the safety review of renewal applications for specific licenses of independent spent fuel storage installations (ISFSIs) and certificates of compliance of dry storage systems.
NUREG-2214 is available on August 8, 2019.
Please refer to Docket ID NRC-2016-0238 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this action using any of the following methods:
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Federal Rulemaking Website: Go to https://www.regulations.gov/ and search for Docket ID NRC-2016-0238. Address questions about NRC docket IDs in Regulations.gov to Jennifer Borges; telephone: 301-287-9127; email: Jennifer.Borges@nrc.gov. 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-available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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 in this document (if that document is available in ADAMS) is provided the first time that a document is referenced.
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:
John Wise, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-8085, email: John.Wise@nrc.gov; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
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The NRC is issuing NUREG-2214 (ADAMS Accession No. ML19214A111) to provide a technical basis for the staff's safety review of aging degradation mechanisms and aging management programs in renewal applications for specific ISFSI licenses and certificates of compliance of spent fuel dry storage systems.
NUREG-2214 evaluates aging degradation mechanisms to determine if they could affect the ability of dry storage system components to fulfill their safety functions in the period of extended operation. The guidance also provides examples of aging management programs that are considered generically acceptable to address the credible aging mechanisms to ensure that the design bases of dry storage systems will be maintained.
II. Additional Information
The staff considered public comments received on the draft report in preparing the final NUREG. The NRC published a notice of the availability of the draft report for comment on October 24, 2017 (82 FR 49233). The public comment period closed on December 26, 2017. The public comments and staff responses are available in ADAMS under Accession No. ML19072A016.
III. Regulatory Analysis
The NRC has prepared a final regulatory analysis on this action. The analysis examines the costs and benefits of the alternatives considered by the NRC. The regulatory analysis is available in ADAMS under Accession No. ML19130A192.
IV. Backfitting and Issue Finality Provisions
NUREG-2214 provides guidance to the NRC staff for the safety review of aging degradation mechanisms and aging management programs in renewal applications for specific ISFSI licenses and certificates of compliance of spent fuel dry storage systems. The issuance of this NUREG would not constitute backfitting as defined in the backfitting provisions in section 72.62 of title 10 of the Code of Federal Regulations (10 CFR), which are applicable to specific ISFSI licensees. Issuance of the NUREG would also not constitute backfitting under 10 CFR 50.109, or otherwise be inconsistent with the issue finality provisions in 10 CFR part 52, which are applicable to general ISFSI licensees using the certificates of compliance. The NRC's position is based upon the following considerations.
1. The NUREG positions do not constitute backfitting, inasmuch as the NUREG is internal guidance directed at the NRC staff with respect to their regulatory responsibilities.
The NUREG provides guidance to the staff on how to review an application for the NRC's regulatory approval in the form of licensing. The issuance of internal staff guidance is not a matter for which ISFSI applicants or general ISFSI licensees using certificates of Start Printed Page 39023compliance are protected under the backfitting provisions in 10 CFR 72.62 and 10 CFR 50.109, or the issue finality provisions of 10 CFR part 52.
2. The NRC staff has no intention to impose the NUREG positions on existing licensees and regulatory approvals, either now or in the future.
The staff does not intend to impose or apply the positions described in the NUREG to existing (already issued) licenses and regulatory approvals. Therefore, the issuance of this NUREG—even if considered guidance which is within the purview of the issue finality provisions in 10 CFR part 52—need not be evaluated as if it were a backfit or as being inconsistent with issue finality provisions. If, in the future, the staff seeks to impose a position in the NUREG on holders of already issued licenses in a manner which 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 backfitting provisions in 10 CFR 72.62 and 10 CFR 50.109, or address the criteria for avoiding issue finality as described in the applicable issue finality provision in 10 CFR part 52.
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 the backfitting provisions in 10 CFR 72.62 or 10 CFR 50.109, or any issue finality provisions under 10 CFR part 52. This is because neither of the backfitting provisions in 10 CFR parts 72 and 50, nor the issue finality provisions under part 52—with certain exclusions discussed below—were intended to apply to every NRC action which substantially changes the expectations of current and future applicants. The exceptions to the general principle are applicable whenever an applicant references a 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. However, the matters address in this NUREG are not subject matters or issues for which issue finality protection is provided.
V. Congressional Review Act
This NUREG 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.
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Dated at Rockville, Maryland, this 5th day of August, 2019.
For the Nuclear Regulatory Commission.
Michael C. Layton,
Director, Division of Spent Fuel Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2019-17021 Filed 8-7-19; 8:45 am]
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