Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Notices 78879 

The Commission will issue a notice or 

order granting or denying a hearing 

request or intervention petition, 

designating the issues for any hearing 

that will be held and designating the 

Presiding Officer. A notice granting a 

hearing will be published in the Federal 

Register and served on the parties to the 

hearing. 

If a person (other than APS) requests 

a hearing, that person shall set forth 

with particularity the manner in which 

his interest is adversely affected by this 

Confirmatory Order and shall address 

the criteria set forth in 10 CFR 2.309(d) 

and (f). 

If a hearing is requested by a person 

whose interest is adversely affected, the 

Commission will issue an order 

designating the time and place of any 

hearings. If a hearing is held, the issue 

to be considered at such hearing shall be 

whether this Confirmatory Order should 

be sustained. 

In the absence of any request for 

hearing, or written approval of an 

extension of time in which to request a 

hearing, the provisions specified in 

Section V above shall be final 30 days 

from the date of this Confirmatory Order 

without further order or proceedings. If 

an extension of time for requesting a 

hearing has been approved, the 

provisions specified in Section V shall 

be final when the extension expires if a 

hearing request has not been received. 

For the Nuclear Regulatory Commission. 

/RA/ 

Scott A. Morris, 

Regional Administrator, NRC Region IV. 

Dated this 17th day of November 2020. 

[FR Doc. 2020–26846 Filed 12–4–20; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2018–0137] 

Licensee Actions to Address 

Nonconservative Technical 

Specifications 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Regulatory guide; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing Regulatory 

Guide (RG) 1.239, ‘‘Licensee Actions to 

Address Nonconservative Technical 

Specifications.’’ This RG endorses the 

guidance in NEI 15–03, Revision 3, 

‘‘Licensee Actions to Address 

Nonconservative Technical 

Specifications,’’ as a method acceptable 

to the NRC staff for licensee actions to 

address nonconservative technical 

specifications. 

DATES: RG 1.239 is available on 

December 7, 2020. 

ADDRESSES: Please refer to Docket ID 

NRC–2018–0137 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 website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2018–0137. Address 

questions about Docket IDs in 

Regulations.gov to Jennifer Borges; 

telephone: 301–287–9127; email: 

Jennifer.Borges@nrc.gov. For technical 

questions, contact the individuals 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 

PDR.Resource@nrc.gov. For the 

convenience of the reader, instructions 

about obtaining materials referenced in 

this document are provided in the 

‘‘Availability of Documents’’ section. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to the PDR via 

email at PDR.Resource@nrc.gov or call 

1–800–397–4209 between 8:00 a.m. and 

4:00 p.m. (EST), Monday through 

Friday, except Federal holidays. 

RG 1.239 and the regulatory analysis 

may be found in ADAMS under 

Accession Nos. ML20294A510 and 

ML18086A685, respectively. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

FOR FURTHER INFORMATION CONTACT: 

Shawn Williams, Office of Nuclear 

Reactor Regulation, telephone: 301– 

415–1009, email: Shawn.Williams@

nrc.gov and Robert Roche-Rivera, Office 

of Nuclear Regulatory Research, 

telephone: 301–415–8113, email: 

Robert.Roche-Rivera@nrc.gov. Both are 

staff of the U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

The NRC is issuing a new guide in the 

NRC’s ‘‘Regulatory Guide’’ series. This 

series was developed to describe and 

make available to the public information 

regarding methods that are acceptable to 

the NRC staff for implementing specific 

parts of the agency’s regulations, 

techniques that the NRC staff uses in 

evaluating specific issues or postulated 

events, and data that the NRC staff 

needs in its review of applications for 

permits and licenses. 

RG 1.239 was issued with a temporary 

identification of Draft Regulatory Guide, 

DG–1351 and related regulatory 

analysis. This RG provides guidance for 

licensee compliance with the technical 

specification requirements in section 

50.36 of title 10 of the Code of Federal 

Regulations (10 CFR), ‘‘Technical 

specifications,’’ the reporting 

requirements in 10 CFR 50.72, 

‘‘Immediate notification requirements 

for operating nuclear power reactors’’ 

and 10 CFR 50.73, ‘‘Licensee event 

report system,’’ and the quality 

assurance requirements in Criterion XVI 

of 10 CFR part 50, appendix B, 

‘‘Corrective Action’’. This RG endorses 

NEI 15–03, Revision 3. 

With the issuance of RG 1.239, the 

NRC is withdrawing Administrative 

Letter (AL) 98–10, ‘‘Dispositioning of 

Technical Specifications That Are 

Insufficient to Assure Plant Safety.’’ The 

information in AL 98–10 is 

encompassed in RG 1.239. 

II. Additional Information 

The NRC published a notice of the 

availability of DG–1351 in the Federal 

Register on July 5, 2018 (83 FR 31429) 

for a 60-day public comment period, 

and it proposed to endorse NEI 15–03, 

Revision 2, with exceptions and 

clarifications. The public comment 

period closed on September 4, 2018. 

Public comments on DG–1351 and the 

staff responses to the public comments 

are available in ADAMS under 

Accession No. ML19267A108. 

On October 17, 2019, the NRC staff 

held a public meeting to discuss the 

staff’s disposition of public comments 

on DG–1351. Subsequently, by letter 

dated April 9, 2020, the NEI submitted 

Revision 3 of NEI 15–03 to address the 

exceptions and clarifications in DG– 

1351. The NRC review of the April 9, 

2020, submittal determined that NEI 15– 

03, as revised, is acceptable and 

addresses the exceptions and 

clarifications in DG–1351. As a result, 

the NRC revised DG–1351 to remove the 

exceptions and clarifications and 

published a notice of the availability of 

DG–1351, Revision 1 in the Federal 


khammond on DSKJM1Z7X2PROD with NOTICES
78880 Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Notices 

Register on August 26, 2020 (85 FR 

52643) for a 30-day public comment 

period. The public comment period 

closed on September 25, 2020. Two 

public comment submissions were 

received by the end of the public 

comment period. These comment 

submissions expressed agreement with 

the DG–1351, Revision 1 and 

recommended final issuance of the RG. 

III. Congressional Review Act 

This RG 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. 

IV. Backfitting, Forward Fitting, and 

Issue Finality 

RG 1.239 provides guidance on 

licensee actions to address 

nonconservative technical 

specifications. Issuance of RG 1.239 

does not constitute backfitting as 

defined in 10 CFR 50.109, ‘‘Backfitting,’’ 

and as described in NRC Management 

Directive (MD) 8.4, ‘‘Management of 

Backfitting, Forward Fitting, Issue 

Finality, and Information Requests;’’ 

constitute forward fitting as that term is 

defined and described in MD 8.4; or 

affect the issue finality of any approval 

issued under 10 CFR part 52, ‘‘Licenses, 

Certificates, and Approvals for Nuclear 

Power Plants.’’ As explained in this RG, 

applicants and licensees are not 

required to comply with the positions 

set forth in this RG. 

V. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through ADAMS 

under the respective ADAMS Accession 

numbers identified in the table. 

Document ADAMS 

accession No. 

RG 1.239, Licensee Actions to Address Nonconservative Technical Specifications. ........................ ML20294A510 

DG–1351, Dispositioning of Technical Specifications that are Insufficient to Ensure Plant Safety, 

July 2018.

ML18086A690 

Regulatory Analysis, Draft Regulatory Guide, DG–1351. ................................................................... ML18086A685 

DG–1351, Revision 1, Licensee Actions to Address Nonconservative Technical Specifications, August 2020.ML20142A489 

NEI 15–03, Revision 2, Licensee Actions to Address Nonconservative Technical Specifications, 

September 2017.

ML17276A642 

Summary of October 17, 2019, Meeting with NEI Regarding DG–1351. ........................................... ML19298B110 

Draft NRC Staff Responses to Public Comments on DG-1351. ......................................................... ML19267A108 

NEI 15–03, Revision 3, Licensee Actions to Address Nonconservative Technical Specifications, 

March 2020.

ML20100G899 

(Package) 

Comment (1) of Brian Mann on Licensee Actions to Address Nonconservative Technical Specifications.ML20247J650 

Comment (2) of Timothy Riti on behalf of Nuclear Energy Institute (NEI) on Licensee Actions to 

Address Nonconservative Technical Specifications.

ML20255A302 

Management Directive 8.4, Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests.ML18093B087 

Dated: December 2, 2020. 

For the Nuclear Regulatory Commission. 

Meraj Rahimi, 

Chief, Regulatory Guidance and Generic 

Issues Branch, Division of Engineering, Office 

of Nuclear Regulatory Research. 

[FR Doc. 2020–26844 Filed 12–4–20; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards Charter Renewal 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of renewal of the charter 

of the advisory committee on reactor 

safeguards. 

SUMMARY: The Advisory Committee on 

Reactor Safeguards (ACRS) was 

established by the Atomic Energy Act 

(AEA) of 1954, as amended. Its purpose 

is to provide advice to the Commission 

with regard to the hazards of proposed 

or existing reactor facilities, to review 

each application for a construction 

permit or operating license for certain 

facilities specified in the AEA, and such 

other duties as the Commission may 

request. 

FOR FURTHER INFORMATION CONTACT: 

Russell E. Chazell, Office of the 

Secretary, NRC, Washington, DC 20555; 

telephone: (301) 415–7469 or at 

Russell.Chazell@nrc.gov. 

SUPPLEMENTARY INFORMATION: The AEA 

as amended by Public Law 100–456 also 

specifies that the Defense Nuclear Safety 

Board may obtain the advice and 

recommendations of the ACRS. 

Membership on the Committee 

includes individuals experienced in 

reactor operations, management; 

probabilistic risk assessment; analysis of 

reactor accident phenomena; design of 

nuclear power plant structures, systems 

and components; materials science; and 

mechanical, civil, and electrical 

engineering. 

The Nuclear Regulatory Commission 

has determined that renewal of the 

charter for the ACRS until December 2, 

2022, is in the public interest in 

connection with the statutory 

responsibilities assigned to the ACRS. 

This action is being taken in accordance 

with the Federal Advisory Committee 

Act. 

Dated: December 2, 2020. 

Russell E. Chazell, 

Federal Advisory Committee Management 

Officer, Office of the Secretary. 

[FR Doc. 2020–26804 Filed 12–4–20; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–289 and 50–320; NRC– 

2020–0217] 

Exelon Generation Company, LLC; 

Three Mile Island Nuclear Station, 

Units 1 and 2 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has issued 

exemptions in response to a request 

from Exelon Generation Company, LLC 

(Exelon, the licensee) regarding certain 

emergency planning (EP) requirements. 

The exemptions eliminate the 


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