[Federal Register Volume 63, Number 231 (Wednesday, December 2, 1998)]
[Proposed Rules]
[Pages 66496-66497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32107]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
RIN 3150-AF04
Steam Generator Tube Integrity for Operating Nuclear Power Plants
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule: Withdrawal.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is withdrawing an
advance notice of proposed rulemaking (ANPRM) that was published to
request public comment on the Commission's regulations pertaining to
steam generator (SG) tube integrity. The proposed rule would have
implemented a more flexible regulatory framework for steam generator
surveillance and maintenance activities that would maintain adequate
assurance of tube integrity while allowing a degradation-specific
management approach. Because the NRC has concluded that the regulatory
objectives set forth for this effort can be achieved by equally
effective regulatory alternatives, the ANPR is being withdrawn.
ADDRESSES: The Commission paper, the staff requirement memoranda (SRM),
and associated documents are available for public inspection, and
copying for a fee, at the NRC Public Document Room located at 2120 L
Street NW. (Lower Level), Washington, DC 20012-7082, telephone: (202)
512-2249.
FOR FURTHER INFORMATION CONTACT: Tim Reed, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone (301) 415-1462, e-mail tar@nrc.gov.
SUPPLEMENTARY INFORMATION:
On September 19, 1994 (59 FR 47817), the Commission published an
ANPRM that requested comments, advice, and recommendations from
interested parties on the proposed steam generator rule. In response to
the ANPRM, two
[[Page 66497]]
public comments were received. The primary comment was a coordinated
industry response submitted by the Nuclear Energy Institute (NEI). The
remaining comment, submitted by Virginia Power, endorsed the NEI
comment. Subsequently, the NRC staff developed a draft rule and draft
regulatory guide intended to implement a performance-based regulatory
structure that provides for the development and implementation of
appropriate measures to ensure the consistency and quality of
inspection methods, repair criteria, and tube condition assessment,
while giving appropriate consideration to risk. As part of the
rulemaking process, the NRC staff estimated the risk associated with SG
tube degradation and used the results to provide the insights required
for performing a regulatory analysis of the proposed rulemaking
approach.
In COMSECY-97-013, dated May 23, 1997, the NRC staff provided a
risk assessment summary and major conclusions from a regulatory
analysis. Based on these results, the NRC staff reassessed whether a
rulemaking is the appropriate regulatory vehicle for addressing the
problems associated with SG tube integrity. It should be recognized
that the NRC staff found that the current regulations governing SG tube
integrity provide an adequate basis to ensure public health and safety
due to SG operation. However, the NRC staff concluded that further
guidance is needed for the industry to continue to effectively meet
these regulations. Issues involving a plant's technical specifications
(TS) are amenable to a generic letter approach. Given these
considerations, the NRC staff informed the Commission that it planned
to pursue the following approach in lieu of a new steam generator
rulemaking: (1) Complete development of a SG tube integrity regulatory
guide which describes an acceptable performance-based program for
ensuring adequate tube inspection, monitoring, and assessment; (2)
request licensees, through a generic letter, to propose performance-
based technical specification changes to address the issues regarding
inspection, monitoring, and assessment of SG tube condition to ensure
that SG tube integrity is maintained consistent with the plant
licensing basis; (3) provide licensees with an option to change current
SG tube repair criteria and implement a degradation-specific management
approach, if it can be demonstrated that risk will be maintained at an
acceptable level. An application-specific regulatory guide would
provide guidance on acceptable approaches for proposing changes to SG
tube integrity criteria and assessing changes in risk associated with
relaxation of tube integrity criteria. Licensees would not be able to
implement alternate repair criteria until an appropriate risk
assessment is submitted and found acceptable by the NRC staff; and (4)
as part of the IPE follow-up program, the NRC staff will evaluate
pressurized water reactors (PWRs) that appear to have a high potential
for core damage sequences that can challenge SG tubes. Any additional
requirements would be imposed consistent with the backfit requirements
of Sec. 50.109.
The SRM on COMSECY-97-013, dated June 30, 1997, approved the
revised approach. The SRM also directed the NRC staff to seek industry
input, as appropriate, in developing the technical basis for the
proposed TS changes to ensure that the proposed changes are consistent
with current steam generator tube degradation modes. In support of this
commitment, the NRC staff developed a proposed generic letter that: (1)
informs PWR licensees that plant TSs for maintaining SG tube integrity
do not alone provide the needed assurance that SG tube integrity is
being adequately monitored and maintained in accordance with NRC
regulations and plant licensing bases; (2) advises licensees that they
may request license amendments to their plant TSs to implement the
model TSs attached to the generic letter for maintaining SG tube
integrity, or justify alternate approaches for ensuring that SG tube
integrity; and (3) requires that licensees submit to the NRC written
responses that describe their ongoing or planned activities to monitor
and maintain SG tube integrity. By letter dated December 16, 1997, the
NRC staff was informed that the industry, through the NEI Nuclear
Strategic Issues Advisory Committee, had voted to adopt NEI 97-06. The
chief objective of the industry initiative is for PWR licensees to
evaluate their existing SG programs and, where necessary, to revise or
strengthen program attributes to meet the intent of the NEI 97-06
guidelines. The NEI 97-06 guidelines are intended to improve both the
quality and the consistency of SG programs throughout the industry.
Consistent with Direction Setting Issue (DSI) 13, the NRC staff's
preferred approach is to endorse an industry initiative that addresses
all NRC staff and stakeholder concerns, rather than issue a generic
letter. As a result, the NRC staff has temporarily deferred issuing the
proposed generic letter for public comment while it works with industry
to resolve issues associated with NEI 97-06, with the objective of
endorsing NEI 97-06 in a regulatory guide.
Whether the NRC staff ultimately endorses the NEI 97-06 guidance or
continues with its efforts to issue a generic letter addressing SG tube
integrity, the NRC has concluded that equally effective regulatory
alternatives to rulemaking are available to address the issue of SG
tube integrity. Therefore, the proposed rule is not required and is
being withdrawn.
Dated at Rockville, Maryland, this 24th day of November, 1998.
For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 98-32107 Filed 12-1-98; 8:45 am]
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