Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices 39349 

4. Have the Navy and EPA Region 9 

agreed to NRC’s approach? 

On January 16, 2009, NRC sent letters 

to both the Navy and EPA Region 9 that 

explained NRC’s limited involvement 

approach and requested agreement to 

support the approach at the Hunters 

Point site. The Navy provided a 

response on April 1, 2009, that agreed 

to support NRC’s approach. Similarly, 

EPA Region 9 provided a response on 

May 7, 2009, that also supported NRC’s 

approach. 

5. What documents are available that 

provided additional information about 

NRC’s involvement with the HPS site? 

The NRC staff’s evaluation of 

jurisdiction and options for involvement 

is documented in a May 30, 2008, 

Commission paper (SECY–08–0077) that 

is electronically available on NRC’s Web 

site at: http://www.nrc.gov/reading-rm/ 

doc-collections/commission/secys/2008/ 

secy2008–0077/2008–0077scy.pdf. 

The Commission’s decision and 

direction to the staff is documented in 

a June 30, 2008, Staff Requirements 

Memorandum (SRM–SECY–08–0077) 

that is also electronically available on 

NRC’s Web site at: http://www.nrc.gov/ 

reading-rm/doc-collections/ 

commission/srm/2008/2008– 

0077srm.pdf. 

The letters mentioned above from the 

NRC, the Navy, and EPA Region 9 are 

available from the NRC’s Agencywide 

Document Access and Management 

System using the following accession 

numbers: 

NRC’s January 16, 2009, letter to the 

Navy ML083440652. 

NRC’s January 16, 2009, letter to the 

EPA ML083430426. 

Navy’s April 1, 2009, letter to NRC 

ML091120805. 

EPA’s May 7, 2009, letter to NRC 

ML091460102. 

Dated at Rockville, MD, this 29th day of 

June, 2009. 

For the Nuclear Regulatory Commission. 

Keith I. McConnell, 

Deputy Director, Decommissioning and 

Uranium Recovery Licensing Directorate, 

Division of Waste Management and 

Environmental Protection, Office of Federal 

and State Materials and Environmental 

Management Programs. 

[FR Doc. E9–18822 Filed 8–5–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0344] 

Regulatory Guide Withdrawal 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Withdrawal of Regulatory Guide 

1.135, Normal Water Level and 

Discharge at Nuclear Power Plants. 

FOR FURTHER INFORMATION CONTACT: 

Henry Jones, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone: 301–415–1463 or email Henry.Jones@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Nuclear Regulatory Commission 

(NRC) is withdrawing Regulatory Guide 

(RG) 1.135, ‘‘Normal Water Level and 

Discharge at Nuclear Power Plants.’’ 

Regulatory Guide 1.135 was issued for 

comment in September 1977 and never 

finalized. The RG was intended to 

provide guidance on estimating the 

normal ground and surface water 

elevations at a nuclear power plant site. 

The determination of normal and flood 

water elevation is one of the site 

characteristics required by Title 10 of 

the Code of Federal Regulations, part 

100, ‘‘Reactor Site Criteria,’’ section 10, 

‘‘Factors to be considered when 

evaluating sites,’’ (10 CFR 100.10) for 

test reactors and stationary power 

reactor site applications dated before 

January 10, 1997 and by 10 CFR 100.20, 

‘‘Factors to be Considered When 

Evaluating Sites,’’ for stationary power 

reactor site applications dated on or 

after January 10, 1997. 

General Design Criterion (GDC) 2, 

‘‘Design Basis for Protection Against 

Natural Phenomena,’’ of Appendix A, 

‘‘General Design Criteria for Nuclear 

Power Plants,’’ to 10 CFR part 50 

requires facilities to be designed for 

protection against the most severe of the 

natural phenomena that have been 

historically reported for the site and 

surrounding area. This includes events 

such as floods, tsunami, and seiches. A 

determination of the normal pool level 

as described in RG 1.135 is not required 

by GDC 2 and thus, compliance with 

GDC 2 is not impacted by the 

withdrawal of RG 1.135. 

The guidance in RG 1.135 is no longer 

current; section 2.4.1, ‘‘Hydrologic 

Description’’ in Chapter 2, ‘‘Sites 

Characteristics,’’ of NUREG–0800, 

‘‘Standard Review Plan for the Review 

of Safety Analysis Reports for Nuclear 

Power Plants’’ (the SRP) contains more 

current guidance for complying with the 

site criteria regulations. Additionally, a 

review of updated Final Safety Analysis 

Reports (FSARs) from licensees and 

applicants determined that only a few 

FSARs referenced RG 1.135 and no 

applicant or licensee is currently using 

it. Applicants and licensees use the 

guidance in the SRP and ANSI/ANS– 

2.8–1992, ‘‘Determining Design Basis 

Flooding at Power Reactor Sites’’ for 

water level determinations. Revising 

this guide could be potentially 

confusing for the staff and applicant. 

Regulatory Guide 1.135 is being 

withdrawn because it is outdated, the 

staff is unaware of its use by any current 

licensee or applicant, and it does not 

provide guidance that is not more 

current and more readily available in 

the SRP or ANSI/ANS–2.8–1992. 

II. Further Information 

Withdrawal of RG 1.135 does not, in 

and of itself, alter any prior or existing 

licensing commitments based on its use. 

The guidance provided in this RG is no 

longer necessary. Regulatory Guides 

may be withdrawn when their guidance 

is superseded by Congressional action, 

the methods or techniques described in 

the Regulatory Guide no longer describe 

a preferred approach, or the Regulatory 

Guide does not provide useful 

information. 

Regulatory guides are available for 

inspection or downloading through the 

NRC’s public Web site under 

‘‘Regulatory Guides’’ in the NRC’s 

Electronic Reading Room at http:// 

www.nrc.gov/reading-rm/doccollections. Regulatory guides are also 

available for inspection at the NRC’s 

Public Document Room (PDR), Room O– 

1 F21, One White Flint North, 11555 

Rockville Pike, Rockville, MD 20852– 

2738. The PDR’s mailing address is US 

NRC PDR, Washington, DC 20555–0001. 

You can reach the staff by telephone at 

301–415–4737 or 800–397–4209, by fax 

at 301–415–3548, and by e-mail to 

pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

Dated at Rockville, Maryland, this 29th day 

of July, 2009. 

For the Nuclear Regulatory Commission. 

John N. Ridgely, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. E9–18818 Filed 8–5–09; 8:45 am] 

BILLING CODE 7590–01–P 


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