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{{#Wiki_filter:[7590-01-P]
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NUCLEAR REGULATORY COMMISSION
NUCLEAR REGULATORY COMMISSION
[NRC-2023-0079]
[NRC-2023-0079]
Proposed Revision to Standard Review Plan Section 15.0, Introduction - Transient and Accident Analyses AGENCY: Nuclear Regulatory Commission.
 
Proposed Revision to Standard Review Plan Section 15.0,
 
Introduction - Transient and Accident Analyses
 
AGENCY: Nuclear Regulatory Commission.
 
ACTION: Standard review plan-draft section revision; request for comment.
ACTION: Standard review plan-draft section revision; request for comment.


==SUMMARY==
==SUMMARY==
: The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on draft NUREG-0800, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition, Section 15.0, Revision 4, Introduction - Transient and Accident Analyses. The NRC seeks comments on the proposed draft section revision of the Standard Review Plan (SRP), concerning the evaluation of the safety of a nuclear power plant that requires analyses of the plants responses to postulated equipment failures or malfunctions. Such analyses help to determine the limiting conditions for operation, limiting safety system settings, and design specifications for components and systems to protect public health and safety.
: The U.S. Nuclear Regulatory Commission (NRC) is soliciting public
DATES: Submit comments by October 2, 2023. Comments received after this date will be considered, if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date.
 
ADDRESSES: You may submit comments by any of the following methods; however, the NRC encourages electronic comment submission through the Federal rulemaking website:
comment on draft NUREG-0800, Standard Review Plan for the Review of Safety
Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0079. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email: Stacy.Schumann@nrc.gov. For
 
Analysis Reports for Nuclear Power Plants: LWR Edition, Section 15.0, Revision 4,
 
Introduction - Transient and Accident Analyses. The NRC seeks comments on the
 
proposed draft section revision of the Standard Review Plan (SRP), concerning the
 
evaluation of the safety of a nuclear power plant that requires analyses of the plants
 
responses to postulated equipment failures or malfunctions. Such analyses help to
 
determine the limiting conditions for operation, limiting safety system settings, and
 
design specifications for components and systems to protect public health and safety.
 
DATES: Submit comments by October 2, 2023. Comments received after this date will
 
be considered, if it is practical to do so, but the Commission is able to ensure
 
consideration only for comments received on or before this date.
 
ADDRESSES: You may submit comments by any of the following methods; however,
 
the NRC encourages electronic comment submission through the Federal rulemaking
 
website:
 
Federal rulemaking website: Go to https://www.regulations.gov and search
 
for Docket ID NRC-2023-0079. Address questions about Docket IDs in Regulations.gov
 
to Stacy Schumann; telephone: 301-415-0624; email: Stacy.Schumann@nrc.gov. For technical questions, contact the individuals listed in the For Further Information Contact
 
section of this document.


technical questions, contact the individuals listed in the For Further Information Contact section of this document.
Mail comments to: Office of Administration, Mail Stop: TWFN-7-A60M, U.S.
Mail comments to: Office of Administration, Mail Stop: TWFN-7-A60M, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program Management, Announcements and Editing Staff.
 
For additional direction on obtaining information and submitting comments, see Obtaining Information and Submitting Comments in the SUPPLEMENTARY INFORMATION section of this document.
Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program
FOR FURTHER INFORMATION CONTACT: Ekaterina Lenning, Office of Nuclear Reactor Regulation, telephone: 301-415-3151, email: Ekaterina.Lenning@nrc.gov and Brent Ballard, Office of Nuclear Reactor Regulation, telephone: 301-415-0680, email:
 
Brent.Ballard@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Management, Announcements and Editing Staff.
 
For additional direction on obtaining information and submitting comments, see
 
Obtaining Information and Submitting Comments in the SUPPLEMENTARY
 
INFORMATION section of this document.
 
FOR FURTHER INFORMATION CONTACT: Ekaterina Lenning, Office of Nuclear
 
Reactor Regulation, telephone: 301-415-3151, email: Ekaterina.Lenning@nrc.gov and
 
Brent Ballard, Office of Nuclear Reactor Regulation, telephone: 301-415-0680, email:
 
Brent.Ballard@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission,
 
Washington, DC 20555-0001.
 
SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2023-0079 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0079.
NRCs Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please 2


contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to PDR.Resource@nrc.gov. The draft SRP Section 15.0, Revision 4, Introduction - Transient and Accident Analyses is available in ADAMS under Accession No. ML22319A149.
I. Obtaining Information and Submitting Comments
NRCs PDR: You may examine and purchase copies of public documents, by appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
 
B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-2023-0079 in your comment submission.
A. Obtaining Information
The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely 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 that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.
Please refer to Docket ID NRC-2023-0079 when contacting the NRC about the
3
 
availability of information for this action. You may obtain publicly available information
 
related to this action by any of the following methods:
 
Federal Rulemaking Website: Go to https://www.regulations.gov and
 
search for Docket ID NRC-2023-0079.
 
NRCs Agencywide Documents Access and Management System
 
(ADAMS): You may obtain publicly available documents online in the ADAMS Public
 
Documents collection at https://www.nr c.gov/reading-rm/adams.html. To begin the
 
search, select Begin Web-based ADAMS Search. For problems with ADAMS, please 2
contact the NRCs Public Document Room (P DR) reference staff at 1-800-397-4209, at
 
301-415-4737, or by email to PDR.Resource@nrc.gov. The draft SRP Section 15.0,
 
Revision 4, Introduction - Transient and Accident Analyses is available in ADAMS
 
under Accession No. ML22319A149.
 
NRCs PDR: You may examine and purchase copies of public documents, by
 
appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555 Rockville
 
Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send
 
an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between
 
8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
 
B. Submitting Comments
 
The NRC encourages electronic comment submission through the Federal
 
rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-
 
2023-0079 in your comment submission.
 
The NRC cautions you not to include identifying or contact information that you
 
do not want to be publicly disclosed in your comment submission. The NRC will post all
 
comment submissions at https://www.regulat ions.gov as well as enter the comment
 
submissions into ADAMS. The NRC does not routinely edit comment submissions to
 
remove identifying or contact information.
 
If you are requesting or aggregating comments from other persons for


II. Discussion The NRC seeks public comment on the proposed draft section revision of SRP Section 15.0, Introduction - Transient and Accident Analyses. This section has been developed to assist the NRC staff in the evaluation of the safety of a nuclear power plant that requires analyses of the plants responses to postulated equipment failures or malfunctions. The effects of anticipated process disturbances and postulated component failures are examined to determine their consequences and to evaluate the capability built into the plant to control or accommodate such failures and situations. Additionally, such analyses help determine the limiting conditions for operation, limiting safety system settings, and design specifications for components and systems to protect public health and safety under parts 50 and 52 of title 10 of the Code of Federal Regulations (10 CFR).
submission to the NRC, then you should inform those persons not to include identifying
Following the NRC staff evaluation of public comments, the NRC intends to finalize SRP Section 15.0, Revision 4, Introduction - Transient and Accident Analyses Review, in ADAMS and post it on the NRCs public website at https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800. The SRP is guidance for the NRC staff. The SRP is not a substitute for the NRC regulations, and compliance with the SRP is not required.
III. Backfitting, Issue Finality, and Forward Fitting The guidance in this draft SRP is updated to ensure alignment of the acceptance criteria with the regulations and provide staff guidance related to the Commissions policies for new passive light-water power reactors. Issuance of this draft SRP, if finalized, would not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) and as described in NRC Management Directive 8.4, Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests; would not affect the issue 4


finality of an approval under 10 CFR part 52; and would not constitute forward fitting as that term is defined and described in MD 8.4. The staffs position is based upon the following considerations:
or contact information that they do not want to be publicly disclosed in their comment
: 1. The draft SRP positions, if finalized, would not constitute backfitting or forward fitting or affect issue finality, inasmuch as the SRP would be internal guidance to the NRC staff.
 
The SRP provides 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, without further NRC action, are not matters that meet the definition of backfitting or forward fitting or affect the issue finality of a 10 CFR part 52 approval.
submission. Your request should state that the NRC does not routinely edit comment
: 2. Current or future applicants are notwith limited exceptions not applicable herewithin the scope of the backfitting and issue finality regulations and forward fitting policy.
 
Applicants are not, with certain exceptions, within the scope of the Backfit Rule or any issue finality provisions under 10 CFR part 52. The backfitting and issue finality regulations include language delineating when those provisions begin; in general, they begin after the issuance of a license, permit, or other approval. Furthermore, neither the Backfit Rule nor the issue finality provisions under 10 CFR part 52with certain exclusions discussed in this noticewere intended to apply to NRC actions that substantially change the expectations of current and future applicants.
submissions to remove such information before making the comment submissions
The exceptions to the general principle are applicable when an applicant references a 10 CFR part 52 license (e.g., an early site permit) and/or NRC regulatory approval (e.g., a design certification rule) with specified issue finality provisions or a construction permit under 10 CFR part 50. The NRC staff does not, at this time, intend to impose the positions represented in the draft SRP (if finalized) in a manner that would 5
 
available to the public or entering the comment into ADAMS.
 
3 II.Discussion
 
The NRC seeks public comment on the propos ed draft section revision of SRP
 
Section 15.0, Introduction - Transient and Accident Analyses. This section has been
 
developed to assist the NRC staff in the evaluation of the safety of a nuclear power plant
 
that requires analyses of the plants responses to postulated equipment failures or
 
malfunctions. The effects of anticipated process disturbances and postulated component
 
failures are examined to determine their consequences and to evaluate the capability
 
built into the plant to control or accommodate such failures and situations. Additionally,
 
such analyses help determine the limiting condi tions for operation, limiting safety system
 
settings, and design specifications for components and systems to protect public health
 
and safety under parts 50 and 52 of title 10 of the Code of Federal Regulation s
 
(10 CFR).
 
Following the NRC staff evaluation of public comments, the NRC intends to
 
finalize SRP Section 15.0, Revision 4, Introduction - Transient and Accident Analyses
 
Review, in ADAMS and post it on the NRCs public website at
 
https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800. The SRP is
 
guidance for the NRC staff. The SRP is not a substitute for the NRC regulations, and
 
compliance with the SRP is not required.
 
III. Backfitting, Issue Finality, and Forward Fitting
 
The guidance in this draft SRP is updated to ensure alignment of the acceptance
 
criteria with the regulations and provide staff guidance related to the Commissions
 
policies for new passive light-water power reactors. Issuance of this draft SRP, if
 
finalized, would not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule)
 
and as described in NRC Management Directive 8.4, Management of Backfitting,
 
Forward Fitting, Issue Finality, and Information Requests; would not affect the issue 4
finality of an approval under 10 CFR part 52; and would not constitute forward fitting as
 
that term is defined and described in MD 8.4. The staffs position is based upon the
 
following considerations:
: 1. The draft SRP positions, if finalized, would not constitute backfitting or forward
 
fitting or affect issue finality, inasmuch as the SRP would be internal guidance to the
 
NRC staff.
 
The SRP provides 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,
 
without further NRC action, are not matters that meet the definition of backfitting or
 
forward fitting or affect the issue finality of a 10 CFR part 52 approval.
: 2. Current or future applicants are notwith limited exceptions not applicable
 
herewithin the scope of the backfitting and issue finality regulations and forward fitting
 
policy.
 
Applicants are not, with certain exceptions, within the scope of the Backfit Rule or
 
any issue finality provisions under 10 CFR part 52. The backfitting and issue finality
 
regulations include language delineating when those provisions begin; in general, they
 
begin after the issuance of a license, permit, or other approval. Furthermore, neither the
 
Backfit Rule nor the issue finality provisions under 10 CFR part 52with certain
 
exclusions discussed in this noticewere intended to apply to NRC actions that
 
substantially change the expectations of current and future applicants.
 
The exceptions to the general principle are applicable when an applicant
 
references a 10 CFR part 52 license (e.g., an early site permit) and/or NRC regulatory
 
approval (e.g., a design certification rule) with specified issue finality provisions or a
 
construction permit under 10 CFR part 50. The NRC staff does not, at this time, intend to
 
impose the positions represented in the draft SRP (if finalized) in a manner that would 5
constitute backfitting or affect the issue finality of a 10 CFR part 52 approval. If, in the
 
future, the staff seeks to impose a position in the draft SRP (if finalized) in a manner that
 
constitutes backfitting or affects the issue finality of a 10 CFR part 52 approval, then the
 
staff would need to address the Backfit Rule or the criteria described in the applicable
 
issue finality provision.
 
The Commissions forward fitting policy generally does not apply when an
 
applicant files an initial licensing action for a new facility. Nevertheless, the NRC staff
 
does not, at this time, intend to impose the positions represented in the draft SRP (if
 
finalized) in a manner that would constitute forward fitting. If, in the future, the staff seeks
 
to impose a position in the draft SRP (if finalized) in a manner that constitutes forward
 
fitting, then the staff would need to address the forward fitting criteria in MD 8.4.


constitute backfitting or affect the issue finality of a 10 CFR part 52 approval. If, in the future, the staff seeks to impose a position in the draft SRP (if finalized) in a manner that constitutes backfitting or affects the issue finality of a 10 CFR part 52 approval, then the staff would need to address the Backfit Rule or the criteria described in the applicable issue finality provision.
The Commissions forward fitting policy generally does not apply when an applicant files an initial licensing action for a new facility. Nevertheless, the NRC staff does not, at this time, intend to impose the positions represented in the draft SRP (if finalized) in a manner that would constitute forward fitting. If, in the future, the staff seeks to impose a position in the draft SRP (if finalized) in a manner that constitutes forward fitting, then the staff would need to address the forward fitting criteria in MD 8.4.
Dated: July 27, 2023.
Dated: July 27, 2023.
For the Nuclear Regulatory Commission.
For the Nuclear Regulatory Commission.
                                                  /RA/
 
/RA/
 
Gerond A. George, Chief, Licensing Project Branch, Division of Operating Reactors, Office of Nuclear Reactor Regulation.
Gerond A. George, Chief, Licensing Project Branch, Division of Operating Reactors, Office of Nuclear Reactor Regulation.
6}}
6}}

Latest revision as of 00:41, 16 November 2024

FRN Draft SRP 15.0, Introduction - Transient and Accident Analyses
ML22319A150
Person / Time
Issue date: 07/27/2023
From: Gerond George
Licensing Processes Branch
To:
Shared Package
ML22318A211 List:
References
NRC-2023-0079
Download: ML22319A150 (1)


Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

[NRC-2023-0079]

Proposed Revision to Standard Review Plan Section 15.0,

Introduction - Transient and Accident Analyses

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan-draft section revision; request for comment.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is soliciting public

comment on draft NUREG-0800, Standard Review Plan for the Review of Safety

Analysis Reports for Nuclear Power Plants: LWR Edition, Section 15.0, Revision 4,

Introduction - Transient and Accident Analyses. The NRC seeks comments on the

proposed draft section revision of the Standard Review Plan (SRP), concerning the

evaluation of the safety of a nuclear power plant that requires analyses of the plants

responses to postulated equipment failures or malfunctions. Such analyses help to

determine the limiting conditions for operation, limiting safety system settings, and

design specifications for components and systems to protect public health and safety.

DATES: Submit comments by October 2, 2023. Comments received after this date will

be considered, if it is practical to do so, but the Commission is able to ensure

consideration only for comments received on or before this date.

ADDRESSES: You may submit comments by any of the following methods; however,

the NRC encourages electronic comment submission through the Federal rulemaking

website:

Federal rulemaking website: Go to https://www.regulations.gov and search

for Docket ID NRC-2023-0079. Address questions about Docket IDs in Regulations.gov

to Stacy Schumann; telephone: 301-415-0624; email: Stacy.Schumann@nrc.gov. For technical questions, contact the individuals listed in the For Further Information Contact

section of this document.

Mail comments to: Office of Administration, Mail Stop: TWFN-7-A60M, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program

Management, Announcements and Editing Staff.

For additional direction on obtaining information and submitting comments, see

Obtaining Information and Submitting Comments in the SUPPLEMENTARY

INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Ekaterina Lenning, Office of Nuclear

Reactor Regulation, telephone: 301-415-3151, email: Ekaterina.Lenning@nrc.gov and

Brent Ballard, Office of Nuclear Reactor Regulation, telephone: 301-415-0680, email:

Brent.Ballard@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission,

Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC-2023-0079 when contacting the NRC about the

availability of information for this action. You may obtain publicly available information

related to this action by any of the following methods:

Federal Rulemaking Website: Go to https://www.regulations.gov and

search for Docket ID NRC-2023-0079.

NRCs Agencywide Documents Access and Management System

(ADAMS): You may obtain publicly available documents online in the ADAMS Public

Documents collection at https://www.nr c.gov/reading-rm/adams.html. To begin the

search, select Begin Web-based ADAMS Search. For problems with ADAMS, please 2

contact the NRCs Public Document Room (P DR) reference staff at 1-800-397-4209, at

301-415-4737, or by email to PDR.Resource@nrc.gov. The draft SRP Section 15.0,

Revision 4, Introduction - Transient and Accident Analyses is available in ADAMS

under Accession No. ML22319A149.

NRCs PDR: You may examine and purchase copies of public documents, by

appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555 Rockville

Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send

an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between

8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.

B. Submitting Comments

The NRC encourages electronic comment submission through the Federal

rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-

2023-0079 in your comment submission.

The NRC cautions you not to include identifying or contact information that you

do not want to be publicly disclosed in your comment submission. The NRC will post all

comment submissions at https://www.regulat ions.gov as well as enter the comment

submissions into ADAMS. The NRC does not routinely 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 that they do not want to be publicly disclosed in their comment

submission. Your request should state that the NRC does not routinely edit comment

submissions to remove such information before making the comment submissions

available to the public or entering the comment into ADAMS.

3 II.Discussion

The NRC seeks public comment on the propos ed draft section revision of SRP

Section 15.0, Introduction - Transient and Accident Analyses. This section has been

developed to assist the NRC staff in the evaluation of the safety of a nuclear power plant

that requires analyses of the plants responses to postulated equipment failures or

malfunctions. The effects of anticipated process disturbances and postulated component

failures are examined to determine their consequences and to evaluate the capability

built into the plant to control or accommodate such failures and situations. Additionally,

such analyses help determine the limiting condi tions for operation, limiting safety system

settings, and design specifications for components and systems to protect public health

and safety under parts 50 and 52 of title 10 of the Code of Federal Regulation s

(10 CFR).

Following the NRC staff evaluation of public comments, the NRC intends to

finalize SRP Section 15.0, Revision 4, Introduction - Transient and Accident Analyses

Review, in ADAMS and post it on the NRCs public website at

https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800. The SRP is

guidance for the NRC staff. The SRP is not a substitute for the NRC regulations, and

compliance with the SRP is not required.

III. Backfitting, Issue Finality, and Forward Fitting

The guidance in this draft SRP is updated to ensure alignment of the acceptance

criteria with the regulations and provide staff guidance related to the Commissions

policies for new passive light-water power reactors. Issuance of this draft SRP, if

finalized, would not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule)

and as described in NRC Management Directive 8.4, Management of Backfitting,

Forward Fitting, Issue Finality, and Information Requests; would not affect the issue 4

finality of an approval under 10 CFR part 52; and would not constitute forward fitting as

that term is defined and described in MD 8.4. The staffs position is based upon the

following considerations:

1. The draft SRP positions, if finalized, would not constitute backfitting or forward

fitting or affect issue finality, inasmuch as the SRP would be internal guidance to the

NRC staff.

The SRP provides 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,

without further NRC action, are not matters that meet the definition of backfitting or

forward fitting or affect the issue finality of a 10 CFR part 52 approval.

2. Current or future applicants are notwith limited exceptions not applicable

herewithin the scope of the backfitting and issue finality regulations and forward fitting

policy.

Applicants are not, with certain exceptions, within the scope of the Backfit Rule or

any issue finality provisions under 10 CFR part 52. The backfitting and issue finality

regulations include language delineating when those provisions begin; in general, they

begin after the issuance of a license, permit, or other approval. Furthermore, neither the

Backfit Rule nor the issue finality provisions under 10 CFR part 52with certain

exclusions discussed in this noticewere intended to apply to NRC actions that

substantially change the expectations of current and future applicants.

The exceptions to the general principle are applicable when an applicant

references a 10 CFR part 52 license (e.g., an early site permit) and/or NRC regulatory

approval (e.g., a design certification rule) with specified issue finality provisions or a

construction permit under 10 CFR part 50. The NRC staff does not, at this time, intend to

impose the positions represented in the draft SRP (if finalized) in a manner that would 5

constitute backfitting or affect the issue finality of a 10 CFR part 52 approval. If, in the

future, the staff seeks to impose a position in the draft SRP (if finalized) in a manner that

constitutes backfitting or affects the issue finality of a 10 CFR part 52 approval, then the

staff would need to address the Backfit Rule or the criteria described in the applicable

issue finality provision.

The Commissions forward fitting policy generally does not apply when an

applicant files an initial licensing action for a new facility. Nevertheless, the NRC staff

does not, at this time, intend to impose the positions represented in the draft SRP (if

finalized) in a manner that would constitute forward fitting. If, in the future, the staff seeks

to impose a position in the draft SRP (if finalized) in a manner that constitutes forward

fitting, then the staff would need to address the forward fitting criteria in MD 8.4.

Dated: July 27, 2023.

For the Nuclear Regulatory Commission.

/RA/

Gerond A. George, Chief, Licensing Project Branch, Division of Operating Reactors, Office of Nuclear Reactor Regulation.

6