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###### Nuclear Regulatory Commission

          - [NRC-2013-0161]

# AGENCY:

Nuclear Regulatory Commission.

# ACTION:

Standard review plan- section revision; issuance.

# SUMMARY:

The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to the following section in Chapter 3 of NUREG-0800, “Standard Review Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,” Section 3.5.1.4, “Missiles Generated by Extreme Winds.”

# DATES:

The effective date of this Standard Review Plan revision is May 4, 2015.

# ADDRESSES:

Please refer to Docket ID NRC-2013-0161 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 Web site:                          Go to                          http://www.regulations.gov                          and search for Docket ID NRC-2013-0161. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email:                          Carol.Gallagher@nrc.gov.                          For technical questions, contact the individual(s) 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                          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 (if it available in ADAMS) is provided the first time that a document is referenced. The final revision for SRP Section 3.5.1.4, “Missiles Generated by Extreme Winds,” is available in ADAMS under Accession No. ML14190A180. The previously issued draft revision for public comment is available in ADAMS under Accession No. ML13043A004.                    
      - The NRC posts its issued staff guidance on the NRC's external Web page: http://www.nrc.gov/​reading-rm/​doc-collections/​nuregs/​staff/​sr0800/​. 

# FOR FURTHER INFORMATION CONTACT:

                        Jonathan DeGange, telephone: 301-415-6992; email:                         *Jonathan.DeGange@nrc.gov, or*                         Nishka Devaser, telephone: 301-415-5196; email:                         *Nishka.Devaser@nrc.gov,*                         both are staff of the Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.                    

# SUPPLEMENTARY INFORMATION:

## I. Background

On August 8, 2013 (78 FR 48503), the NRC staff published for public comment the proposed revision to SRP Section 3.5.1.4, “Missiles Generated by Extreme Winds.” The staff received no comments on the proposed revision. The staff is issuing the guidance in final form for use. There have been no changes made to the guidance since it was issued in proposed form for public comment. Details of specific changes between current SRP guidance and the revised guidance issued here are included at the end of each of the revised sections themselves, under the “Description of Changes,” subsections.

## II. Backfitting and Issue Finality

                    This SRP section revision provides guidance to the NRC staff for reviewing applications for a construction permit and an operating license under part 50 of Title 10 of the                     *Code of Federal Regulations*                     (10 CFR), with respect to the impacts of external missiles generated by tornadoes and extreme winds. The SRP also provides guidance for reviewing an application for a standard design approval; a standard design certification; a combined license; and a manufacturing license under 10 CFR part 52 with respect to those same subject matters.                

Issuance of this final SRP section revision does not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) nor is it inconsistent with the issue finality provisions in 10 CFR part 52. The NRC's position is based upon the following considerations.

                    1.                     *The SRP positions would not constitute backfitting, inasmuch as the SRP is internal guidance to the NRC staff.*

The SRP provides internal guidance to the NRC staff on how to review an application for NRC regulatory approval in the form of licensing. Changes in internal staff guidance are not matters for which either nuclear power plant applicants or licensees are protected under either the Backfit Rule or the issue finality provisions of 10 CFR part 52.

                    2.                     *The NRC staff has no intention to impose the SRP positions on existing licensees and regulatory approvals either now or in the future.*

The NRC staff does not intend to impose or apply the positions described in the SRP to existing licenses and regulatory approvals. Hence, the issuance of this SRP—even if considered guidance within the purview of the issue finality provisions in 10 CFR part 52—does not need to be evaluated as if it were a backfit or as being inconsistent with issue finality provisions. If, in the future, the NRC staff seeks to impose a position in the SRP on holders of already-issued licenses in a manner that 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 Backfit Rule or address the criteria for avoiding issue finality as described in the applicable issue finality provision.

                    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 either the Backfit Rule or any issue finality provisions under 10 CFR part 52. Neither the Backfit Rule nor the issue finality provisions under 10 CFR part 52—with certain exclusions—were intended to apply to every NRC action that substantially changes the expectations of current and future applicants.

                    The exceptions to the general principle are applicable whenever an applicant references a 10 CFR part 52 license (                    *e.g.,*                     an early site permit) or NRC regulatory approval (                    *e.g.,*                     a design certification rule) with specified issue                           ( print page 18262)                        finality provisions. The staff does not, at this time, intend to impose the positions represented in the SRP in a manner that is inconsistent with any issue finality provisions. If, in the future, the staff seeks to impose a position in the SRP section in a manner that does not provide issue finality as described in the applicable issue finality provision, then the staff must address the criteria for avoiding issue finality as described in the applicable issue finality provision.                

## III. Congressional Review Act

This action 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.

Dated at Rockville, Maryland, this 24th day of March, 2015. For the Nuclear Regulatory Commission.

Joseph Colaccino,

Chief, New Reactor Rulemaking and Guidance Branch, Division of Advanced Reactors and Rulemaking, Office of New Reactors.

[FR Doc. 2015-07709 Filed 4-2-15; 8:45 am]

 BILLING CODE 7590-01-P