[Federal Register Volume 74, Number 157 (Monday, August 17, 2009)]
[Notices]
[Pages 41461-41463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19646]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2008-0500]


License Renewal Interim Staff Guidance LR-ISG-2007-01: License 
Renewal Interim Staff Guidance Process, Revision 1; Notice of 
Availability

AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The NRC is issuing the final License Renewal Interim Staff 
Guidance (LR-ISG) LR-ISG-2007-01, ``License Renewal Interim Staff 
Guidance Process, Revision 1'' (revised LR-ISG process). This process 
describes the basic framework for developing and implementing interim 
changes to certain NRC license renewal guidance documents. These 
documents facilitate the implementation of and NRC staff review of 
license renewal applications submitted in accordance with Title 10 of 
the Code of Federal Regulations (10 CFR), Part 54, ``Requirements for 
Renewal of Operating Licenses for Nuclear Power Plants,'' and Part 51, 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions'' of 10 CFR. The revised LR-ISG process 
supersedes the existing process issued on December 12, 2003, entitled, 
``Process for Interim Staff Guidance.'' An electronic copy of the 
revised LR-ISG process is available in the NRC's Agencywide Documents 
Access and Management System (ADAMS) under Accession No. ML091950069.

FOR FURTHER INFORMATION CONTACT: Mr. Matthew Homiack, Division of 
License Renewal, Office of Nuclear Reactor Regulation, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone 301-415-
1683; or e-mail <a href="/cdn-cgi/l/email-protection#05486471716d60722b4d6a686c64666e456b77662b626a73"><span class="__cf_email__" data-cfemail="14597560607c71633a5c7b797d75777f547a66773a737b62">[email protected]</span></a>.

ADDRESSES: Documents created or received after November 1, 1999, are 
available electronically at the NRC's Public Electronic Reading Room on 
the Internet at http://www.nrc.gov/reading-rm/adams.html. From this 
site, the public can gain entry into ADAMS. If you do not have access 
to the Internet or if there are any problems in accessing the documents 
located in ADAMS, contact the NRC Public Document Room reference staff 
at 1-800-397-4209, 301-415-4737, or by e-mail at <a href="/cdn-cgi/l/email-protection#4d1d091f631f283e22383f2e280d233f2e632a223b"><span class="__cf_email__" data-cfemail="beeefaec90ecdbcdd1cbccdddbfed0ccdd90d9d1c8">[email protected]</span></a>.
    The NRC posts LR-ISGs on its public Web page under the ``License 
Renewal'' heading at http://www.nrc.gov/reading-rm/doc-collections/isg.

SUPPLEMENTARY INFORMATION:

Background

    On December 12, 2003, the NRC staff issued a document entitled, 
``Process for Interim Staff Guidance'' (ML023520620), which is Revision 
0 of the LR-ISG process (previous LR-ISG process). This document, 
developed with input from stakeholders, describes a process under which 
the NRC staff may evaluate proposed changes to certain license renewal 
guidance documents and then, if warranted, implement a guidance 
document change through issuance of an LR-ISG. In this

[[Page 41462]]

way, guidance addressing new insights, lessons learned, and emergent 
issues may be issued without the NRC staff needing to publish a 
complete license renewal guidance document revision. Approved LR-ISGs 
are eventually incorporated into a formal guidance document revision; 
however, until publication of such a revision, the NRC staff will 
review license renewal applications in accordance with the LR-ISG and 
stakeholders may use the LR-ISG as they deem appropriate. Under the LR-
ISG process, the NRC staff or stakeholders may propose changes to 
certain license renewal guidance documents. The process provides for 
interactions with stakeholders during LR-ISG development and the NRC 
staff provides the opportunity for public comment on each proposed LR-
ISG through notices published in the Federal Register.
    In 2007, the NRC staff created LR-ISG-2007-01 for updating the 
actual LR-ISG process. The NRC staff identified the need to revise the 
process to reflect issuance of revised license renewal guidance 
documents in September 2005. The NRC staff also identified the need to 
extend the process to facilitate the development and implementation of 
changes to NRC guidance documents associated with the environmental 
review of license renewal applications under 10 CFR Part 51. The need 
to make administrative changes to the LR-ISG process, such as 
references to the current NRC organizational structure, was also 
identified.
    On September 6, 2007, the NRC's Office of the Inspector General 
(OIG) issued OIG-07-A-15, ``Audit of the NRC's License Renewal 
Program'' (ML072490486). In its audit, the OIG identified an area for 
improving the LR-ISG process. Concerning evaluation of NRC staff 
positions in LR-ISGs for backfit application, in page 56 of its report, 
the OIG stated that, ``* * * there is no documented means to determine 
whether [LR-ISGs] have met the provisions in 10 CFR 54.37(b) and 
thereby not subject to backfitting.'' Consequently, OIG recommended 
that the NRC, ``Establish a review process to determine whether or not 
Interim Staff Guidance meets the provisions of 10 CFR 54.37(b), and 
document accordingly.'' The NRC staff agreed with the OIG's 
recommendation and, accordingly, decided to make revisions to the LR-
ISG process.
    On March 26, 2009, the NRC staff published in the Federal Register, 
74 FR 13272, a request for public comment on a proposed LR-ISG process 
revision (ML082180346). This document was issued as draft LR-ISG-2007-
01. In this notice the NRC staff also requested comment on a proposed 
revision to NRC Regulatory Issue Summary (RIS) 2007-16, 
``Implementation of the Requirements of 10 CFR 54.37(b) for Holders of 
Renewed Licenses.'' The NRC staff proposed changes to the RIS to 
clarify the role of the LR-ISG process for including ``newly 
identified'' systems, structures, and components in accordance with 10 
CFR 54.37(b).
    As published in the Federal Register, 74 FR 19109, on April 27, 
2009, the NRC staff granted an extension to the public comment period 
at the request of the Nuclear Energy Institute (NEI). As to the basis 
for granting this request, the NRC staff agreed with NEI that 
discussions during a public meeting on April 29, 2009, could be 
beneficial to allow stakeholders to better prepare comments on the 
proposed LR-ISG process revision and RIS. In addition, the NRC staff 
believed that receipt of comments informed by discussions at the 
meeting would be beneficial in finalizing the two documents.
    During the public meeting at NRC headquarters on April 29, 2009, 
the proposed LR-ISG process revision and revision of RIS 2007-16 were 
discussed. NEI representatives provided comments; however, no other 
stakeholder provided comments or asked questions. The discussions are 
summarized in a document entitled, ``Summary of the License Renewal 
Meeting between the U.S. Nuclear Regulatory Commission Staff and the 
Nuclear Energy Institute,'' dated May 26, 2009 (ML091310269).
    The extended comment period ended on May 27, 2009. By letter of the 
same date, the NRC received comments from NEI (ML091540208). No other 
comments were received. The NRC staff has considered NEI's comments 
from its letter dated May 27, 2009, and from the April 29, 2009, public 
meeting in developing the revised LR-ISG process. These comments and 
the NRC staff's responses are discussed in the Comments and Responses 
section of this notice.

Final Action

    By this action, the NRC is issuing the revised LR-ISG process as 
final LR-ISG-2007-01. The NRC staff will now use this process to guide 
the development and implementation of LR-ISGs. Below the NRC staff 
describes the more significant changes made to the previous LR-ISG 
process.
    (1) The LR-ISG process is extended to cover the evaluation and 
implementation of interim guidance concerning certain guidance 
documents associated with the staff's environmental review of license 
renewal applications under 10 CFR Part 51. These documents are NRC 
Regulatory Guide (RG) 4.2, Supplement 1, ``Preparation of Supplemental 
Environmental Reports for Applications to Renew Nuclear Power Plant 
Operating Licenses,'' dated September 2000 (ML003710495), and NUREG-
1555, ``Environmental Standard Review Plan,'' Supplement 1, ``Operating 
License Renewal,'' dated March 2000 (ML003702019).
    (2) The LR-ISG process is revised to specify that the NRC staff 
will evaluate and document its determinations as to whether LR-ISGs 
meet the provisions of 10 CFR 54.37(b). The LR-ISG process is also 
augmented to focus on evaluation and documentation of the NRC staff's 
backfitting evaluation of LR-ISGs under 10 CFR 50.109. These 
improvements address the OIG recommendation.
    (3) The NRC staff has eliminated the former ``clarification'' and 
``compliance'' LR-ISG designations. As an alternative, the NRC staff 
will document in a backfitting discussion section of each LR-ISG the 
determinations and bases as to the applicability of 10 CFR 54.37(b) and 
10 CFR 50.109.
    (4) The LR-ISG process is revised to reflect the September 2005 
publication of these revised safety license renewal guidance documents: 
NUREG-1800, Revision 1, ``Standard Review Plan for Review of License 
Renewal Applications for Nuclear Power Plants'' (ML052770566), NUREG-
1801, Revision 1, Volumes 1 and 2, ``Generic Aging Lessons Learned 
(GALL) Report'' (ML052770419 and ML052780376), and NRC Regulatory Guide 
1.188, Revision 1, ``Standard Format and Content for Applications to 
Renew Nuclear Power Plant Operating Licenses'' (ML051920430).

Comments and Responses

    In response to the request for public comment published in the 
Federal Register, 74 FR 13272, NEI provided comments on both the 
proposed LR-ISG process revision and proposed revision to RIS 2007-16. 
The NRC staff plans to issue the final revision to RIS 2007-16 
separately from the LR-ISG process. As such, this notice only addresses 
comments that the NRC staff has determined to be applicable to the 
proposed LR-ISG process revision. Also, NEI's comments from the April 
29, 2009, public meeting are consistent with those provided in its May 
27, 2009 letter. These comments are identified by number in the NEI's 
letter. The NRC staff's responses to each comment follow.

[[Page 41463]]

    (1) NEI's first comment addresses the proposed revision to RIS 
2007-16. The NRC staff is addressing this comment in the revision to 
RIS 2007-16, which is planned to be issued separately.
    (2) NEI commented that it agrees with the NRC staff's proposed 
change to RIS 2007-16 to include a backfit review of all LR-ISG 
documents under 10 CFR 50.109. However, NEI further commented, this 
addition of backfit review for LR-ISGs should have no impact on 
implementation or interpretation of 10 CFR 54.37(b). The NRC staff 
agrees with NEI's comment and no changes have been made from the 
proposed LR-ISG process revision. The revised LR-ISG process contains 
the framework for developing and implementing LR-ISGs, including 
provisions for determining whether 10 CFR 54.37(b) and 10 CFR 50.109 
apply to an LR-ISG, and according documentation. The LR-ISG process 
references RIS 2007-16, which provides guidance on interpretation and 
licensee implementation of 10 CFR 54.37(b).
    NEI also commented that it agrees with the NRC staff's proposed 
change to extend the LR-ISG process to include environmental review 
issues. As such, the NRC staff has made no changes to the proposed LR-
ISG process revision.
    (3) NEI recommended that the NRC consider splitting RIS 2007-16 
into two separate documents, one on implementation of 10 CFR 54.37(b) 
and the other on the LR-ISG process, including the requirement for 
backfit analysis for proposed LR-ISGs. The NRC staff agrees with NEI's 
recommendation that the documents are separate. The two documents are 
the revised LR-ISG process and RIS 2007-16. The NRC staff intends for 
the focus of these two documents to be as described in the response to 
the previous comment.
    In its comments, NEI also suggested that the NRC include the 
requirement for ``backfit analysis'' for LR-ISGs. The NRC staff would 
like to clarify that, as described in the proposed LR-ISG process 
revision, the NRC staff will perform a backfitting review of LR-ISGs; 
however, the NRC staff will only prepare a backfitting analysis in 
certain cases, which is consistent with the requirements of 10 CFR 
50.109. If, as a result of its backfitting review, the NRC staff 
determines that an LR-ISG constitutes backfitting, as defined in 10 CFR 
50.109(a)(1), then a backfitting analysis is required to demonstrate 
that backfitting is necessary because it constitutes a substantial 
increase in protection to public health and safety or the common 
defense and security, and the cost is justified in light of the 
substantial increase. If an LR-ISG constitutes backfitting, but one or 
more of the exceptions in 10 CFR 50.109(a)(4)(i) through (iii) apply, 
then a backfitting analysis is not required, but the NRC staff is 
required to prepare a documented backfitting evaluation.
    (4) NEI commented that the NRC deleted from RIS 2007-16, Revision 
0, NRC's agreement to inform renewed license holders of new LR-ISGs and 
to inform the industry of ``newly identified'' SSCs. NEI suggested that 
this information could be added to Section 4.2.4 of the LR-ISG process. 
NEI indicated that this information is valuable to licensees and 
requested that the NRC staff retain the expectation to communicate it.
    The NRC staff agrees with NEI's comment to include this information 
in Section 4.2.4 of the LR-ISG process. Accordingly, the revised LR-ISG 
process states that when an LR-ISG constitutes backfitting under 10 CFR 
50.109, or communicates ``newly-identified'' SSCs under the provisions 
of 10 CFR 54.37(b), the NRC staff will notify applicable renewed 
license holders as appropriate, for example, by issuing letters or a 
generic communication. The NRC staff will continue to make draft and 
final LR-ISGs publicly available, and notices of availability or the 
opportunity to provide comments will be published in the Federal 
Register. Electronic copies of draft and final LR-ISGs will be made 
available on the NRC's public Web site.

    Dated at Rockville, Maryland, this 7th day of August, 2009.

    For the Nuclear Regulatory Commission.
Samson S. Lee,
Deputy Director, Division of License Renewal, Office of Nuclear Reactor 
Regulation.
[FR Doc. E9-19646 Filed 8-14-09; 8:45 am]
BILLING CODE 7590-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>