[Federal Register Volume 62, Number 201 (Friday, October 17, 1997)]
[Rules and Regulations]
[Pages 53932-53935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27421]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
RIN 3150-AF73
Codes and Standards; IEEE National Consensus Standard
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The Nuclear Regulatory Commission is amending its regulations
to incorporate by reference IEEE Std. 603-1991, a national consensus
standard for power, instrumentation, and control portions of safety
systems in nuclear power plants. This action is necessary to endorse
the latest version of this national consensus standard in NRC's
regulations, and replace an IEEE standard currently endorsed in the
NRC's regulations which has been withdrawn by the IEEE.
EFFECTIVE DATE: The final rule is effective on January 1, 1998, unless
significant adverse comments are received by December 1, 1997. If the
effective date is delayed, timely notice will be published in the
Federal Register. The incorporation by reference of IEEE Std. 603-1991
is approved by the Director of the Federal Register as of January 1,
1998.
ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; Attention: Rulemakings and
Adjudications Staff. Hand deliver comments to 11555 Rockville Pike,
Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. on Federal
workdays.
FOR FURTHER INFORMATION CONTACT: Satish K. Aggarwal, Senior Program
Manager, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, Telephone (301) 415-6005, Fax (301)
415-5074 (e-mail: [email protected]).
SUPPLEMENTARY INFORMATION: NRC considers this rulemaking, which
endorses IEEE Std. 603-1991, to be noncontroversial because, as noted
in the background discussion, there was no adverse public comment on
the regulatory guide endorsing this standard. Accordingly, the
Commission finds that public notice and opportunity for comment are
unnecessary pursuant to 5 U.S.C. 553(b)(B). Thus, the Commission is
publishing this rule in final form without seeking public comments on
the amendment in a proposed rule. This action will become effective on
January 1, 1998. However, if the NRC receives significant adverse
comments by December 1, 1997, then the NRC will publish a document that
withdraws this action, and will address the comments received in
response to an identical proposed rule which is being concurrently
published in the proposed rules section of this Federal Register. Any
significant adverse comments will be addressed in a subsequent final
rule. The NRC will not initiate a second comment period on this action
in the event the direct final rule is withdrawn.
Background
In 10 CFR part 50, ``Domestic Licensing of Production and
Utilization Facilities,'' Sec. 50.55a requires that the protection
systems in nuclear power plants meet the requirements set forth in IEEE
Std. 279, ``Criteria for Protection Systems for Nuclear Power
Generating Stations,'' in effect on the formal docket date of the
application. However, IEEE Std. 279 is obsolete, has been withdrawn by
IEEE and has now been superseded by IEEE Std. 603-1991, ``Criteria for
Safety Systems for Nuclear Power Generating Stations.''
In November 1995, the NRC staff issued for public comment a draft
regulatory guide, DG-1042, which was proposed Revision 1 to Regulatory
Guide 1.153, ``Criteria for Safety Systems.'' This draft regulatory
guide proposed to endorse IEEE Std. 603-1991
[[Page 53933]]
(including the correction sheet dated January 30, 1995). Because there
were no adverse public comments to Revision 1 to Regulatory Guide
1.153, the Commission believes that there is general public consensus
that IEEE Std. 603-1991 provides acceptable criteria for safety systems
in nuclear power plants.
Discussion
The direct final rule incorporates a national consensus standard,
IEEE Std. 603-1991, for establishing minimal functional and design
requirements for power, instrumentation, and control portions of safety
systems for nuclear power plants into NRC regulations. This action is
consistent with the provisions of the National Technology Transfer and
Advancement Act of 1995, Pub. L. 104-113, which encourages Federal
regulatory agencies to consider adopting industry consensus standards
as an alternative to de novo agency development of standards affecting
an industry. This action is also consistent with the NRC policy of
evaluating the latest versions of national consensus standards in terms
of their suitability for endorsement by regulations or regulatory
guides.
Currently, 10 CFR 50.55 a(h) specifies that ``protection systems''
for plants with construction permits issued after January 1, 1971, must
meet the requirements in IEEE Std. 279 in effect on the formal docket
date of the application for a construction permit. IEEE Std. 279 states
that a ``protection system'' encompasses all electric and mechanical
devices and circuitry (from sensors to actuation device input
terminals) involved in generating those signals associated with the
protective function. These signals include those that actuate reactor
trip and that, in the event of a serious reactor accident, actuate
engineered safeguards such as containment isolation, core spray, safety
injection, pressure reduction, and air cleaning. ``Protective
Function'' is defined by IEEE Std. 279, as ``the sensing of one or more
variables associated with a particular generating station condition,
signal processing, and the initiation and completion of the protective
action at values of the variables established in the design bases.''
IEEE Std. 603-1991 uses the term ``safety systems'' rather than
``protection systems.'' A ``safety system'' is defined by IEEE Std.
603-1991 as ``a system that is relied upon to remain functional during
and following design basis events to ensure: (i) The integrity of the
reactor coolant pressure boundary, (ii) the capability to shut down the
reactor and maintain it in a safe shut down condition, or (iii) the
capability to prevent or mitigate the consequences of accidents that
could result in potential off-site exposures comparable to the 10 CFR
part 100 guidelines.'' A ``safety function'' is defined by IEEE Std.
603-1991 as ``one of the processes or conditions (for example,
emergency negative reactivity insertion, post-accident heat removal,
emergency core cooling, post-accident radioactivity removal, and
containment isolation) essential to maintain plant parameters within
acceptable limits established for a design basis event.''
The Commission considers that the systems covered by IEEE Std. 603-
1991 and IEEE Std. 279-1971 are the same. Therefore, for purposes of
paragraph (h) of 10 CFR 50.55a, ``protection systems,'' and ``safety
systems'' are synonymous. The Commission notes that these two terms are
also synonymous with the term ``safety-related systems,'' used
elsewhere in the Commission's regulations. Therefore, licensees are
expected to apply IEEE Std. 279-1971 and IEEE Std. 603-1991, as
appropriate, to ``safety-related systems.''
This rule mandates the use of IEEE Std. 603-1991 (including the
correction sheet dated January 30, 1995) for future nuclear power
plants, including final design approvals, design certifications and
combined licenses under 10 CFR part 52. Current licensees may continue
to meet the requirements set forth in the edition or revision of IEEE
Std. 279 in effect on the formal date of their application for a
construction permit or may, at their option, use IEEE Std. 603-1991,
provided they comply with all applicable requirements for making
changes to their licensing basis. However, changes to protection
systems in operating nuclear power plants initiated on or after January
1, 1998 must meet the requirements in IEEE Std. 603-1991. For purposes
of this rule, ``changes'' to protection systems include (i)
modifications, augmentation or replacement of protection systems
permitted by license amendments, (ii) changes made by the licensees
pursuant to procedures in 10 CFR 50.59, and (iii) plant-specific
departures from a design certification rule under 10 CFR part 52. In-
kind (like-for-like) replacement of protection system components are
not considered changes to the protection systems.
Section 3 of IEEE Std. 603-1991 references several industry codes
and standards. If the referenced standard has been endorsed in a
regulatory guide, the standard constitutes a method acceptable to the
Commission of meeting a regulatory requirement as described in the
regulatory guide. If a referenced standard has not been endorsed in a
regulatory guide, the licensees and applicants may consider and use the
information in the referenced standard consistent with current
regulatory practices.
Electronic Access
You may also provide comments via the NRC's interactive rulemaking
website through the NRC home page (http://www.nrc.gov). This site
provides the availability to upload comments as files (any format), if
your web browser supports that function. For information about the
interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415-
5905 (e-mail: [email protected]).
Finding of No Environmental Impact: Availability of Environmental
Assessment
The Commission has determined under the National Environmental
Policy Act of 1969, as amended, and the Commission's regulations in
subpart A of 10 CFR part 51, that this rule would not be a major
Federal action significantly affecting the quality of the human
environment and, therefore, an environment impact statement is not
required. The Commission has prepared an Environmental Assessment
supporting this finding of no significant environmental impact.
The NRC has sent a copy of the environmental assessment and a copy
of the Federal Register Notice to every State liaison officer and
requested their comments on the environmental assessment. The
environmental assessment is available for inspection at the NRC Public
Document Room, 2120 L Street NW., Washington, DC. Also, the NRC has
committed itself to complying in all its actions with the Presidential
Executive Order #12898--Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, dated
February 11, 1994. Therefore, the NRC also has determined that there
are no disproportionate, high, and adverse impacts on minority and low-
income populations. The NRC uses the following working definition of
environmental justice: environmental justice means the fair treatment
and meaningful involvement of all people, regardless of race,
ethnicity, culture, income, or educational level with respect to the
development, implementation, and enforcement of environmental laws,
regulations and policies.
[[Page 53934]]
Paperwork Reduction Act Statement
This final rule does not contain a new or amended information
collection requirement subject to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501, et seq.). Existing requirements were approved by the
Office of Management and Budget, approval No. 3150-0011.
Public Protection Notification
If a document used to impose an information collection does not
display a currently valid OMB control number, the NRC may not conduct
or sponsor, and a person is not required to respond to, an information
collection.
Regulatory Analysis
The Commission has prepared a regulatory analysis which shows that
the proposed amendment does not impose any new requirements or costs on
current licensees who do not make changes to safety systems. However,
licensees planning or proposing changes to power and instrumentation &
control systems will be impacted because they will be required to meet
the requirements of IEEE Std. 603-1991 for the changes even though the
remainder of the plant power and I&C systems are only required to meet
their current licensing basis. The draft regulatory analysis is
available for inspection in the NRC Public Document Room, 2120 L
Street, NW., Washington, DC.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the Commission certifies that this rule will not have a
significant economic impact on small entities. This rule affects only
the operation of nuclear power plants. The companies that own these
plants do not fall within the scope of the definition of ``small
entities'' set forth in the Regulatory Flexibility Act or the small
business size standards adopted by the NRC (10 CFR 2.810). Since these
companies are dominant in their service areas, this rule does not fall
within the purview of the Act.
Backfit Analysis
The rule requires applicants and holders of new construction
permits, new operating licenses, new final design approvals, new design
certifications and combined licenses to comply with IEEE Std. 603-1991
(including the correction sheet dated January 30, 1995). Changes to
protection systems in existing operating plants initiated on or after
January 1, 1998 must meet the requirements of IEEE Std. 603-1991. IEEE
Std. 279 will continue to apply to existing nuclear power plants that
do not make any changes to their protection systems, but the rule
permits the licensee the option of meeting IEEE Std. 603-1991.
The backfit rule was not intended to apply to regulatory actions
which change expectations of prospective applicants, and therefore the
backfit rule does not apply to the portion of the rule applicable to
new construction permits, new operating licenses, new final design
approvals, new design certifications and combined licenses. This rule
does not change the licensing basis (i.e., IEEE Std. 279) for plants
that do not intend to make any changes to their power and
instrumentation and control systems. However, the rule would require
future changes to existing power and instrumentation and control
portions of protection systems to comply with the new standard. This
would not be considered a backfit, since the changes are voluntarily
initiated by the licensee, or separately imposed by the NRC after a
separate backfit analysis. This is consistent with past NRC practice
and the discussions on backfitting in ``Value-Impact Statement''
prepared for Revision 1 to Regulatory Guide 1.153. A copy of the Value-
Impact Statement is available for inspection or copying for a fee in
the Commission's Public Document Room at 2120 L Street NW., Washington,
DC, under Task DG-1042.
In summary, the NRC has determined that the backfit rule, 10 CFR
50.109, does not apply to this direct final rule because it does not
impose any backfits as defined in 10 CFR 50.109(a)(1) and, therefore, a
backfit analysis has not been prepared for this direct final rule.
Small Business Regulatory Enforcement Fairness Act
In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996, the NRC has determined that this action is not a
major rule and has verified this determination with the Office of
Information and Regulatory Affairs of OMB.
List of Subjects in 10 CFR Part 50
Antitrust, Classified information, Criminal penalties, Fire
protection, Incorporation by reference, Intergovernmental relations,
Nuclear power plants and reactors, Radiation protection, Reactor siting
criteria, and Reporting and recordkeeping requirements.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended, the Energy Reorganizations
Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendment to 10 CFR part 50.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
1. The authority citation for part 50 continues to read as follows:
Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234,
83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201,
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 50.7 also issued under Pub. L. 95-601, sec, 10, 92 Stat.
2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101,
185, 68 Stat. 955 as amended (42 U.S.C. 2131, 2235), sec. 102, Pub.
L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, and 50.54
(dd), and 50.103 also issued under sec. 108, 68 Stat. 939, as
amended (42 U.S.C. 2138), Sections 50.23, 50.35, 50.55, and 50.56
also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235), Sections
50.33a, 50.55a and Appendix Q also issued under sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also
issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections
50.58, 50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat.
2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68
Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under
sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also
issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
12. In Sec. 50.55a, paragraph (h) is revised to read as follows:
Sec. 50.55a Codes and standards.
* * * * *
(h) Protection and Safety Systems. (1) IEEE Std. 603-1991 and the
correction sheet dated January 30, 1995, which are referenced in
paragraph (h)(3) and (h)(4), are approved for incorporation by
reference by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. A notice of any changes made to the
material incorporated by reference will be published in the Federal
Register. Copies of IEEE Std. 603-1991 may be purchased from the
Institute of Electrical and Electronics Engineers Service Center, 445
Hoes Lane, Piscataway, NJ 08855. It is also available for inspection at
the NRC Library, 11545 Rockville Pike, Rockville, MD 20852-2738, and at
the Office of the Federal Register, 800 North Capital Street, NW, Suite
700, Washington, DC. IEEE Std. 279, which is referenced in paragraph
(h)(2) of this section was approved for incorporation by reference by
the Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies of this standard are also available as
indicated for IEEE Std. 603-1991.
[[Page 53935]]
(2) Definitions.
(I) For purposes of this paragraph the terms ``protection
systems,'' ``safety systems,'' and ``safety-related systems'' are
synonymous.
(ii) Changes to protection systems include modification,
augmentation or replacement of protection systems permitted by license
amendments, changes to protection systems made by licensees pursuant to
10 CFR 50.59, and plant specific departures from a design certification
rule under 10 CFR part 52.
(3) Protection systems. For nuclear power plants with construction
permits issued after January 1, 1971, but prior to January 1, 1998,
protection systems must meet the requirements set forth either in the
Institute of Electrical and Electronics Engineers (IEEE) Std. 279,
``Criteria for Protection Systems for Nuclear Power Generating
Stations,'' or in IEEE Std. 603-1991, ``Criteria for Safety Systems for
Nuclear Power Generating Stations,'' and the correction sheet dated
January 30, 1995. However, changes to protection systems initiated on
or after January 1, 1998 must meet the requirements set forth in IEEE
Std. 603-1991, and the correction sheet dated January 30, 1995.
(4) Safety systems. For construction permits, operating licenses,
final design approvals, design certifications and combined licenses
issued on or after January 1, 1998, safety systems must meet the
requirements set forth in IEEE Std. 603-1991, and the correction sheet,
dated January 30, 1995.
Dated at Rockville, this 9th day of October, 1997.
For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 97-27421 Filed 10-16-97; 8:45 am]
BILLING CODE 7590-01-P
