Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices 18261 

Title of Collection: Labor Standards 

for the Registration of Apprenticeship 

Programs. 

OMB Control Number: 1205–0223. 

Affected Public: Private Sector— 

businesses or other for-profits; 

Individuals and Households; State, 

Local, and Tribal Governments. 

Total Estimated Number of 

Respondents: 141,129. 

Total Estimated Number of 

Responses: 141,779. 

Total Estimated Annual Time Burden: 

14,775 hours. 

Total Estimated Annual Other Costs 

Burden: $0. 

Dated: March 30, 2015. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2015–07681 Filed 4–2–15; 8:45 am] 

BILLING CODE 4510–FR–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2013–0161] 

Missiles Generated by Extreme Winds 

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 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
18262 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices 

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 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0252; Docket Nos. 52–025 & 52– 

026; Combined License Nos. NPF–91 & 

NPF–92] 

In the Matter of Municipal Electric 

Authority of Georgia (Vogtle Electric 

Generating Plant, Units 3 & 4); Order 

Extending the Date by Which the Direct 

Transfer of Licenses Is To Be 

Completed 

I 

Georgia Power Company, Oglethorpe 

Power Corporation, Municipal Electric 

Authority of Georgia (MEAG Power), the 

City of Dalton, Georgia, an incorporated 

municipality in the State of Georgia 

citing by and through its Board of 

Water, Light and Sinking Fund 

Commissioners (City of Dalton), and 

Southern Nuclear Operating Co., Inc. 

(SNC) (collectively, the owners) are 

holders of combined license (COL) Nos. 

NPF–91 and NPF–92. These COLs 

authorize SNC to construct, possess, 

use, and operate Vogtle Electric 

Generating Plant (VEGP), Units 3 and 4, 

and the owners to possess but not 

operate VEGP, Units 3 and 4. The 

facility, which is currently under 

construction, is adjacent to existing 

VEGP, Units 1 and 2, on a 3,169-acre 

coastal plain bluff on the southwest side 

of the Savannah River in eastern Burke 

County, GA. The facility is 

approximately 15 miles east-northeast of 

Waynesboro, GA, and 26 miles 

southeast of Augusta, GA. 

II 

The U.S. Nuclear Regulatory 

Commission’s (NRC’s) order, dated 

April 29, 2014, approved three direct 

transfers of portions of MEAG Power’s 

22.7 percent undivided ownership 

interest in VEGP, Units 3 and 4. Each of 

these three transfers may occur 

independently of, or in conjunction 

with, the others, as follows: 

(1) Transfer of a 7.6886571 percent 

undivided interest in VEGP, Units 3 and 

4, from MEAG Power to MEAG Power 

SPVM, LLC (Project M); 

(2) transfer of a 9.3466423 percent 

undivided interest in VEGP, Units 3 and 

4, from MEAG Power to MEAG Power 

SPVJ, LLC (Project J); and 

(3) transfer of a 5.6647006 percent 

undivided interest in VEGP, Units 3 and 

4, from MEAG Power to MEAG Power 

SPVP, LCC (Project P). 

The application for the transfers was 

in connection with the finalization of 

three loans from the U.S. Federal 

Finance Bank (U.S. FFB) or one or more 

third-party lenders to be guaranteed by 

the U.S. Department of Energy (DOE) 

through its loan guarantee program for 

the development of advanced nuclear 

energy facilities. By its terms, the April 

29, 2014, order stated that, ‘‘Should the 

transfer of the license not be completed 

within one year of this Order’s date of 

issue, this Order shall become null and 

void, provided, however, that upon 

written application and for good cause 

shown, such date may be extended by 

order.’’ 

III 

By letter dated February 12, 2015, 

SNC on behalf of MEAG Power 

requested that the April 29, 2014, order 

be extended by 6 months, to October 29, 

2015. SNC, in its February 12, 2015, 

letter states that: 

Diligent efforts have been made to 

negotiate the definitive financing agreements 

with the DOE. Those negotiations have, for 

the most part, concluded. However, certain 

provisions in those agreements necessitated 

amendments to preexisting long term ‘‘cost 

passthrough [sic]’’ contracts between MEAG 

Power and the counterparties (offtakers) to 

those contracts. While those negotiations 

took much longer than MEAG Power 

anticipated when the license transfer 

application was submitted in December 2013, 

those negotiations have concluded, and 

amended contracts, dated December 31, 

2014, were executed by MEAG Power and 

each of the offtakers. In addition, on 

December 23, 2014, MEAG Power’s board 

approved, in substantially final form, the 

definitive financing agreements among 

MEAG Power, the Project Companies, and 

DOE. All that remains at this juncture is the 

receipt of certain promissory notes and other 

financing documents from the U.S. FFB. At 

that point, MEAG Power will be in a position 

to cause judicial proceedings to be instituted 

in State court to validate the DOE-guaranteed 

loans (including the definitive agreements) 

and the new offtake arrangements with the 

project companies and to re-validate the 

existing arrangements (including the bond 

resolutions and the amended offtake 

arrangements with the offtakers), all of which 

include a validation of the enforceability of 

all of these arrangements in connection with 

the planned DOE-guaranteed loans. In 

addition to the validation proceedings, DOE 

must also conclude its internal agency review 

of the definitive agreements, which includes 

input from the U.S. Office of Management 

and Budget (OMB). While MEAG Power is 

optimistic that the judicial proceedings will 

result in validation of the agreements and 

amended bond resolutions, which is a 

condition of the financial closing of the DOEguaranteed loans from the U.S. FFB, and that 

DOE and OMB will favorably review the 

definitive loan agreements, it is difficult to be 

certain that the final Federal review will be 

concluded and the required State court order 

will be issued in time to support a closing 

of the transactions by April 29, 2015. 

SNC further states that there have 

been no changes in the information and 

technical and financial qualifications 

presented in its December 2, 2013, 

request to transfer the licenses. 

Moreover, the basis for granting that 

request has not changed and remains 

valid. The NRC staff notes that its basis 

for approving the transfers of MEAG 

Power’s licenses for VEGP, Units 3 and 

4, is documented in its safety evaluation 

supporting the April 29, 2014, order. 

Based on the foregoing representations 

of SNC, the NRC staff concludes that the 

basis for approval has not changed since 

the issuance of the April 29, 2014, 

order. 

The NRC staff has considered the 

submittal of February 12, 2015, and has 

determined that good cause has been 

shown to extend by 6 months, until 

October 29, 2015, the date by which the 

license transfers must be completed. 

IV 

Accordingly, under Sections 161b, 

161i, and 184 of the Act, 42 U.S.C. 

Sections 2201(b), 2201(i), and 2234; and 

under Title 10, ‘‘Energy,’’ of the Code of 

Federal Regulations Part 50.80, 

‘‘Transfers of Licenses—Creditors’ 

Rights—Surrender of Licenses,’’ It Is 

Hereby Ordered that the order granting 

the direct license transfer, ‘‘Order 

Approving Transfer of License and 

Conforming Amendment,’’ dated April 

29, 2014, be extended by 6 months, to 

October 29, 2015. If the proposed direct 

transfer of licenses is not completed by 

October 29, 2015, this order and the 


asabaliauskas on DSK5VPTVN1PROD with NOTICES