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###### Nuclear Regulatory Commission

          - [NRC-2012-0035]

# AGENCY:

Nuclear Regulatory Commission.

# ACTION:

Draft regulatory guide; request for comment

# SUMMARY:

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG) DG-1271 “Decommissioning of Nuclear Power Reactors.” This guide describes a method NRC considers acceptable for use in decommissioning power reactors.

# DATES:

Submit comments by April 16, 2012. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time.

# ADDRESSES:

                        You may access information and comment submissions related to this document, which the NRC possesses and is publicly-available, by searching on                         *http://www.regulations.gov*                         under Docket ID NRC-2012-0035. You may submit comments by the following methods:                    
      -  Federal rulemaking Web site:                          Go to                          http://www.regulations.gov                          and search for Docket ID NRC-2012-0035. Address questions about NRC dockets to Carol Gallagher; telephone: 301-492-3668; email:                          Carol.Gallagher@nrc.gov. Mail comments to:                          Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.                    
      -  Fax comments to:                          RADB at 301-492-3446.                    

                        For additional direction on accessing information and submitting comments, see “Accessing Information and Submitting Comments” in the                         **SUPPLEMENTARY INFORMATION**                         section of this document.                    

# FOR FURTHER INFORMATION CONTACT:

                        James C. Shepherd, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-6712 or email                         *James.Shepherd@nrc.gov*.                    

# SUPPLEMENTARY INFORMATION:

## I. Accessing Information and Submitting Comments

### A. Accessing Information

Please refer to Docket ID NRC-2012-0035 when contacting the NRC about the availability of information regarding this document. You may access information related to this document, which the NRC possesses and is publicly available, by the following methods:
    -  Federal Rulemaking Web Site:                      Go to                      http://www.regulations.gov                      and search for Docket ID NRC-2012-0035.                
    -  NRC's Agencywide Documents Access and Management System (ADAMS):                      You may access publicly-available documents online in the NRC Library 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                      pdr.resource@nrc.gov . The ADAMS accession number for each document referenced in this notice (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.                

### B. Submitting Comments

Please include Docket ID NRC-2012-0035 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 in comment submissions that you do not want to be publicly disclosed. The NRC posts all comment submissions at                     *http://www.regulations.gov*                     as well as entering the comment submissions into ADAMS, and the NRC does not 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 in their comment submissions that they do not want to be publicly disclosed. Your request should state that the NRC will not edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.

## Further Information

The NRC is issuing for public comment a draft guide in the agency's “Regulatory Guide” series. This series was developed to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific parts of the NRC's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses.

DG-1271 is proposed Revision 1 of Regulatory Guide 1.184, “Decommissioning of Nuclear Power Reactors,” dated July 2000. This proposed revision of Regulatory Guide 1.184 describes a method that the staff of the NRC considers acceptable for use in complying with the NRC's regulations relating to the decommissioning process for nuclear power reactors.

## Backfitting and Issue Finality

As discussed in the “Implementation” section of DG-1271, the NRC has no current intention to impose this regulatory guide on holders of current operating licenses or combined licenses. Accordingly, the issuance of this regulatory guide would not constitute “backfitting” as defined in Title 10 of the Code of Federal Regulations (10 CFR) 50.109(a)(1) of the Backfit Rule or be otherwise inconsistent with the applicable issue finality provisions in 10 CFR part 52.

                    This regulatory guide may be applied to applications for operating licenses and combined licenses docketed by the NRC as of the date of issuance of the final regulatory guide, as well as future applications for operating licenses and combined licenses submitted after the issuance of the regulatory guide. Such action would not constitute backfitting as defined in 10 CFR 50.109(a)(1) or be otherwise inconsistent with the applicable issue finality provision in 10 CFR part 52, inasmuch as such applicants or potential applicants are not within the scope of entities protected by the Backfit Rule or the                           ( print page 8903)                        relevant issue finality provisions in Part 52.                

Dated at Rockville, Maryland, this 2nd day of February 2012.

For the Nuclear Regulatory Commission.

Thomas H. Boyce,

Chief, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research.

[FR Doc. 2012-3377 Filed 2-14-12; 8:45 am]

BILLING CODE 7590-01-P