[Federal Register Volume 64, Number 80 (Tuesday, April 27, 1999)]
[Proposed Rules]
[Pages 22580-22588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10491]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 64, No. 80 / Tuesday, April 27, 1999 /
Proposed Rules
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
RIN 3150-AE26
Industry Codes and Standards; Amended Requirements
AGENCY: Nuclear Regulatory Commission.
ACTION: Supplemental proposed rule.
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SUMMARY: The Nuclear Regulatory Commission is publishing a supplement
to the proposed rule published on December 3, 1997 (62 FR 63892) that
would eliminate the requirement for licensees to update their inservice
inspection (ISI) and inservice testing (IST) programs beyond a baseline
edition and addenda of the American Society of Mechanical Engineers
(ASME) Boiler and Pressure Vessel Code (BPV Code). The proposed rule
would establish the 1989 Edition of the ASME BPV Code, Section XI, as
the baseline Code for IST requirements (except for design and access
provisions and preservice examination requirements) for pumps and
valves that are classified as ASME Code Class 1, 2, or 3 components in
currently operating nuclear power plants. The proposed rule would
establish the baseline Code for ISI requirements for components
(including supports) classified as ASME Code Class 1, 2, or 3 as the
1989 Edition of the ASME BPV Code, Section XI. The proposed rule would
establish the baseline Code for ISI requirements for Class MC and Class
CC components and their integral attachments as the 1992 Edition with
the 1992 Addenda of Subsections IWE and IWL of the ASME BPV Code,
Section XI. Finally, the proposed rule would require that, as discussed
in 62 FR 63892, ASME Code Class 1, 2, or 3 components conform to the
requirements in Appendix VIII of Section XI of the ASME BPV Code, 1995
Edition with the 1996 Addenda. Licensees would be allowed to update
their ISI and IST programs to more recent editions and addenda of the
ASME Code incorporated by reference in the regulations. In this
supplementary notice, the NRC is requesting comments only with respect
to the proposed elimination of the 120-month update requirement for ISI
and IST programs.
DATES: Submit comments on this supplement to the proposed rule by June
28, 1999. 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: Submit comments to: The Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff. Deliver comments to: 11555
Rockville Pike, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. on
Federal workdays.
You may also provide comments via the NRC's interactive rulemaking
website through the NRC home page (http://www.nrc.gov). From the home
page, select ``Rulemaking'' from the tool bar. The interactive
rulemaking website can then be accessed by selecting ``New Rulemaking
Website.'' This site provides the ability 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: cag@nrc.gov.
Certain documents related to this rulemaking, including comments
received, and the draft regulatory analysis, may be examined at the NRC
Public Document Room, 2120 L Street NW. (Lower Level), Washington, D.C.
Single copies of the regulatory analysis may be obtained from Thomas G.
Scarbrough, Division of Engineering, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, D.C.,
telephone (301) 415-2794; e-mail: tgs@nrc.gov.
The NRC has scheduled a public workshop to discuss this supplement
to the proposed rule on eliminating the requirement for licensees to
update their ISI and IST programs every 120 months. This workshop will
also include discussion of an appropriate baseline Code edition for ISI
and IST requirements. The workshop will be held on Thursday, May 27,
1999, from 9:00 a.m. to 4:00 p.m. in the Two White Flint North
Auditorium at the NRC headquarters office located at 11545 Rockville
Pike, Rockville, Maryland 20852-2738.
FOR FURTHER INFORMATION CONTACT: Thomas G. Scarbrough, Division of
Engineering, Office of Nuclear Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
2794, e-mail: tgs@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Proposed Elimination of 120-Month Update Requirement
III. Analysis of Proposed Revision to 10 CFR 50.55a
IV. Plain Language
V. Finding of No Significant Environmental Impact: Environmental
Assessment
VI. Paperwork Reduction Act Statement
VII. Regulatory Analysis
VIII. Regulatory Flexibility Certification
IX. Backfit Analysis
X. National Technology Transfer and Advancement Act of 1995
I. Background
The NRC's regulations in 10 CFR 50.55a require that nuclear power
plant owners: (1) construct Class 1, Class 2, and Class 3 components in
accordance with the rules stated in the 1989 Edition of Section III,
Division 1, ``Requirements for Construction of Nuclear Power Plant
Components,'' of the ASME Boiler and Pressure Vessel Code (BPV Code);
(2) inspect Class 1, Class 2, and Class 3 components in accordance with
the rules stated in the 1989 Edition of Section XI, Division 1,
``Requirements for Inservice Inspection of Nuclear Power Plant
Components,'' of the ASME BPV Code with certain limitations and
modifications; (3) inspect Class MC (metal containment) and Class CC
(concrete containment) components in accordance with the rules stated
in the 1992 Edition with the 1992 Addenda of Section XI, Division 1, of
the ASME BPV Code with certain modifications; and (4) test Class 1,
Class 2, and Class 3 pumps and valves in accordance with the rules
stated in the 1989 Edition of Section XI, Division 1, of the ASME BPV
Code with certain limitations and modifications. The NRC regulations
also require licensees to update their ISI and IST programs every 120
months to comply with the version of Section XI of the ASME BPV Code
incorporated by reference into 10 CFR 50.55a and in
[[Page 22581]]
effect 12 months preceding the start of a new 120-month interval.
On December 3, 1997 (62 FR 63892), the NRC proposed amending 10 CFR
50.55a to revise the requirements for construction, ISI, and IST of
nuclear power plant components to incorporate by reference recent
editions and addenda of the ASME BPV Code and the ASME Code for
Operation and Maintenance of Nuclear Power Plants (OM Code). The
proposed rule contained a discussion of specific items under active
consideration relative to NRC endorsement of ASME Codes. One item
involved Direction Setting Issue (DSI) 13, ``Role of Industry,'' of the
NRC's Strategic Assessment and Rebaselining Initiative, which includes
an evaluation of NRC endorsement of industry codes and standards. The
proposed rule retained the requirement that licensees update their ISI
and IST programs every 120 months. However, the proposed rule indicated
that this position might be modified before publication of the final
rule. Based on further consideration, the NRC is re-evaluating the need
for licensees to update their ISI and IST programs every 120 months.
Upon request, the NRC plans to allow licensees scheduled to update
their ISI and IST programs in the near term to delay submittal of their
updates pursuant to 10 CFR 50.55a(a)(3)(i) while the NRC considers the
elimination of the 120-month update requirement.
II. Proposed Elimination of 120-Month Update Requirement
The ASME BPV Code has been revised on a continuing basis over the
years to provide improved requirements for inspecting pressure boundary
components and testing pumps and valves in nuclear power plants.
Certain IST provisions for pumps and valves originally contained in
Section XI of the ASME BPV Code are now replaced in Section XI by
references to ASME OM standards on which the ASME OM Code is based.
Although some Code revisions have strengthened requirements and others
have relaxed requirements, the NRC has generally considered the
evolution of the ASME Code to result in a net improvement in the
measures for inspecting piping and components and testing pumps and
valves. However, neither the NRC nor ASME has performed a detailed
quantified cost/benefit analysis of the general evolutionary changes to
the ASME Code. As the ASME Code matures, the NRC finds that the overall
safety increase associated with periodic revisions to the ASME Code is
becoming smaller. The NRC believes that the overall level of safety
achieved by adherence to a baseline edition or addenda of the ASME Code
incorporated by reference in the regulations would be sufficient and
adequate, and that unnecessary burden might be placed upon licensees by
the required updating of their ISI and IST programs. The NRC also
believes that the establishment of a baseline edition and addenda of
the ASME Code for ISI and IST requirements would ensure adequate
protection of public health and safety without periodic updating of ISI
and IST programs at nuclear power plants. The NRC plans to continue to
review the periodic revisions to the ASME Code to determine whether any
new ISI or IST provisions meet the backfit requirements of 10 CFR
50.109 to mandate their implementation by nuclear power plant
licensees.
In this supplement to the proposed rule published on December 3,
1997 (62 FR 63892), the NRC proposes to establish the 1989 Edition of
the ASME BPV Code, Section XI, as the baseline Code for IST
requirements, except for design and access provisions and preservice
examination requirements, for pumps and valves that are classified as
ASME Code Class 1, 2, or 3 components in currently operating nuclear
power plants. As required by 10 CFR 50.55a(b)(viii), references in the
ASME BPV Code, Section XI, to OM standards, Parts 4, 6, and 10 will
mean the OMa-1988 Addenda to the OM-1987 Edition. The NRC proposes that
the baseline Code for ISI requirements for components (including
supports) classified as ASME Code Class 1, 2, or 3 be established as
the 1989 Edition of the ASME BPV Code, Section XI. The NRC proposes
that the baseline Code for ISI requirements for metal and concrete
containment (Classes MC and CC) components and their integral
attachments be the 1992 Edition with the 1992 Addenda of Subsections
IWE and IWL of Section XI of the ASME BPV Code. The NRC proposes that,
as discussed in 62 FR 63892, ASME Code Class 1, 2, or 3 components
comply with the requirements in Appendix VIII of Section XI of the ASME
BPV Code, 1995 Edition with the 1996 Addenda. The NRC proposes that
licensees of currently operating nuclear power plants comply with these
ISI and IST requirements, according to the limitations and
modifications specified in the regulations, to the extent practical
within the design, geometry, and materials of construction of the
components. The NRC is continuing its evaluation and may determine as
part of the review of public comments that a later edition or addenda,
or portions thereof, constitute an appropriate baseline for ISI and IST
requirements for currently operating nuclear plants. As discussed
below, licensees may implement more recent editions or addenda of the
ASME Code incorporated by reference in the regulations.
In this supplement, the NRC proposes to allow licensees that are
currently applying earlier editions of the ASME BPV Code up to 5 years
to implement the baseline or later editions and addenda of the ASME
Code incorporated by reference in the regulations. However, the
proposed rule would establish a separate implementation schedule for
the ISI provisions of Appendix VIII of the ASME BPV Code, Section XI.
The NRC proposes to eliminate the requirement to update ISI and IST
programs every 120 months for licensees applying the baseline or later
editions and addenda of the ASME Code incorporated by reference in the
regulations. As proposed, licensees may update their ISI and IST
programs to subsequent Code editions or addenda that have been
incorporated by reference in the regulations without prior NRC approval
when implemented in accordance with the limitations and modifications
specified in 10 CFR 50.55a(b), (f), and (g), as applicable. In
particular, they need to be implemented in total. Should a licensee
intend to implement only a portion of a subsequent Code edition or
addenda incorporated by reference in the regulations, the NRC proposes
to require that the licensee obtain prior NRC approval by demonstrating
that the specific portion of the edition or addenda presents an
acceptable level of quality and safety, and that all related
requirements are satisfied. The NRC intends to review future Code
editions and addenda and approve them for voluntary use (in their
entirety) by licensees through future rulemakings. However, should the
NRC determine that a Code requirement is necessary for reasonable
assurance of adequate protection, the NRC would by rulemaking (or
order) require licensees to implement the relevant Code requirement. In
addition, the NRC retains authority to require by rule or order
implementation of ASME Code requirements if the appropriate backfit
standard of 10 CFR 50.109(a) is met, e.g., that the ASME Code
requirement to be imposed represents a substantial increase in the
protection of the public health and safety whose cost is justified in
light of this increased protection, or
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is considered necessary for continued compliance with the regulations.
For future nuclear power plants, the NRC intends to continue the
regulatory requirement that components conform to ISI and IST
requirements stated in the latest edition and addenda of the ASME Code
incorporated by reference in the regulations 1 year before issuance of
the operating license. Future licensees would meet these ISI and IST
requirements, according to the limitations and modifications specified
in the regulations, to the extent practical within the design,
geometry, and materials of construction of the components. Similar to
existing licensees, the NRC proposes to eliminate the requirement for
future licensees to update their ISI and IST programs periodically.
The NRC does not propose to alter the regulatory requirements for
implementation of Section III of the ASME BPV Code for the design and
construction of nuclear power plant components. The NRC regulations
would continue to require future applicants for a construction permit
to implement the latest edition and addenda of Section III of the ASME
BPV Code incorporated by reference in the regulations when the
construction permit is issued.
The NRC has determined that the regulatory requirement for
licensees to update their ISI and IST programs every 120 months could
be eliminated without requesting public comment on this issue. This
position is based on the indication in the statement of considerations
of the proposed rule published on December 3, 1997, that elimination of
the update requirement was under consideration. However, in light of
the significance and complexity of this issue, the NRC considers it
prudent to obtain specific public comment on the proposal to eliminate
the 120-month update requirement before reaching a final decision on
this issue.
Some of the major considerations to be addressed regarding the
potential benefits and impact of the proposal to eliminate the 120-
month update requirement for ISI and IST programs are summarized in the
following paragraphs.
One important consideration in the elimination of the 120-month
update requirement for ISI and IST programs involves the proposed use
by licensees of editions and addenda of the ASME Code incorporated by
reference in the regulations subsequent to the baseline edition and
addenda of the ASME Code. The NRC's current view is that licensees
should be allowed to implement without NRC review and approval
subsequent editions and addenda of the ASME Code incorporated by
reference in the regulations, when implemented in accordance with the
limitations and modifications in the regulations. This view is
conditional upon the assumption that licensees will implement later
editions of the ASME Code in total. It is also the NRC's view that
licensees be required to request NRC approval for use of portions of
subsequent editions and addenda of the ASME Code, unless use of those
portions is pre-approved in the rule. In requesting NRC approval,
licensees must demonstrate that the proposed portion of the ASME Code
presents an acceptable level of quality and safety, and that all
related requirements are satisfied.
The cost savings to nuclear power plant licensees resulting from
eliminating the 120-month update requirement for ISI and IST programs
are difficult to quantify. A typical ISI or IST program update may cost
a licensee $200,000 to $300,000 every 10 years. Because more recent
editions of the ASME Code tend to relax certain requirements of
previous editions, some licensees may conclude that implementing a
newer edition of the ASME Code would result in cost savings that
outweigh the implementation costs and, thus, will update their programs
to implement more recent ASME Code editions and addenda. The NRC
requests specific comment from licensees on the burden associated with
updating their ISI and IST programs and related procedures.
The NRC may or may not achieve a resource savings if the
requirement for licensees to update their ISI and IST programs every
120 months is eliminated. On the one hand, the NRC would not receive
for review those relief requests that would have been submitted by
licensees as part of their 120-month program updates. On the other
hand, the NRC currently plans to continue to review future Code
revisions and Code cases for incorporation by reference in the
regulations. The NRC would determine whether any specific safety-
related Code provisions warrant mandatory implementation in accordance
with 10 CFR 50.109 backfit provisions. The NRC would continue to review
requests submitted by licensees for relief from the requirements of the
specific Code editions and addenda to which they are committed in
accordance with regulatory requirements.
In addition to resource expenditures, eliminating the requirement
for licensees to update their ISI and IST programs every 120 months
might affect license amendments, inspections, enforcement actions, and
Code effectiveness related to ISI and IST programs. For example, the
current requirements of 10 CFR 50.55a determine the ASME Code edition
and addenda in effect during each 120-month interval for a given plant.
When a licensee implements a subsequent edition or addenda of the ASME
Code, the licensee's commitment may be documented in a periodic update
of the licensee's Final Safety Analysis Report. However, if a licensee
seeks to adopt something less than the entire Code, as approved by the
NRC, a relief request to use the proposed alternative would be
necessary. With respect to inspection activity, elimination of the 120-
month update requirement could result in NRC inspectors having to
evaluate a wider range of Code editions and addenda, and portions
thereof. Also, eliminating the 120-month update requirement might
affect the staff's process for preparing regulatory guides that endorse
ASME Code cases, or current initiatives by the NRC staff and industry
on risk-informed ISI and IST programs. Over the long term, the
elimination of the periodic update requirement might affect the
technical quality of the ASME Code as a result of reduced interest in
future editions of the Code by the NRC and industry organizations with
the establishment of a baseline Code edition.
The National Technology Transfer and Advancement Act of 1995, Pub.
L. 104-113, requires all Federal agencies and departments to use
technical standards that are developed or adopted by voluntary
consensus standards bodies, using these technical standards as a means
to carry out policy objectives or activities determined by the agencies
and departments. This requirement only applies when the participation
of voluntary consensus standards bodies is in the public interest and
is compatible with agency and departmental missions, authorities,
priorities, and budget resources. The NRC will evaluate the
relationship of Pub. L. 104-113 to the proposal to eliminate the
regulatory requirement for licensees to update their ISI and IST
programs every 120 months to the most recent ASME Code incorporated by
reference in the regulations. The NRC's evaluation will determine
whether a report (or periodic reports) must be provided to the Office
of Management and Budget if the 120-month update requirement is
eliminated.
This supplement is based on the proposed rule published on December
3, 1997, and does not reflect NRC
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reconciliation of public comments received on the proposed rule. The
NRC will discuss the resolution of comments on the proposed rule,
including this supplement, when the final rule is issued. In this
supplement to the proposed rule, the NRC is requesting comments only
with respect to the proposed elimination of the 120-month update
requirement for ISI and IST programs. To assist in the consideration of
this issue, the NRC requests comments on the proposal to eliminate the
120-month update requirement in the following areas:
Potential effect on safety;
Potential reductions in the effectiveness of the ASME
Code;
Selection of the proper baseline edition and addenda of
the ASME Code in terms of safety, resources, and efficiency;
Regulatory benefits and burdens to licensees, industry
suppliers (including vendors), nuclear insurers, states, and standards
organizations;
Burden on licensees to update their ISI and IST programs
and related procedures;
Potential effect on the number and detail of licensee
submittals associated with ISI and IST programs;
Changes to the range of ASME Code editions and addenda
applied by licensees;
Potential effect on processing of licensing actions and
evaluations related to changes to ISI and IST programs, preparation of
regulatory guides endorsing ASME Code editions and Code cases, and
risk-informed ISI and IST initiatives;
Potential effect on state and other organizations that
rely on the ASME Code in their interactions with nuclear power plant
owners;
Application of portions of the ASME Code incorporated by
reference in the regulations subsequent to the baseline edition; and
Clarity of the supplement to the proposed rule.
III. Analysis of Proposed Revision to 10 CFR 50.55a
In preparing this supplement to the proposed revision to 10 CFR
50.55a, the NRC has focused on the substantive changes to the
regulations that would result from eliminating the specific requirement
in Section 50.55a for licensees of nuclear power plants to update their
ISI and IST programs every 120 months.
A. Section 50.55a(b)(4)
A new Sec. 50.55a(b)(4) would be added to group several ASME Code
cases and specified portions of later ASME Codes (i.e., editions and
addenda issued subsequent to the 1989 Edition of the ASME BPV Code)
that are not required to be used, but that are acceptable to the NRC
and may be used on a voluntary basis without prior NRC approval. The
identified portions of later ASME Codes are Appendix II of the ASME OM
Code, 1995 Edition with the 1996 Addenda; Subsection ISTD of the ASME
OM Code, 1995 Edition with the 1996 Addenda, for inservice testing; and
Table ISTD 6.5.2-1, ``Refueling Outage-Based Visual Examination
Table,'' of the 1996 Addenda of the ASME OM Code. The NRC will be
considering the appropriate mechanism for endorsing Code Cases, i.e.,
through the regulations or regulatory guides.
B. Section 50.55a(f)(4)(i)
Section 50.55a(f)(4)(i) would be revised to establish the 1989
Edition of the ASME BPV Code, Section XI, as the baseline Code for IST
requirements, except for design and access provisions and preservice
examination requirements addressed in Secs. 50.55a(f)(1) through (3),
for pumps and valves that are classified as ASME Code Class 1, 2, or 3
components in currently operating nuclear power plants. This supplement
would require licensees to meet these IST requirements, according to
the limitations and modifications specified in the regulations, to the
extent practical within the design, geometry, and materials of
construction of the pumps and valves. Under the periodic update
requirement currently specified in Sec. 50.55a, the IST programs at all
operating nuclear power plants would have been required to implement
the 1989 Edition of Section XI of the ASME BPV Code within 3 years.
This supplement would allow licensees that are currently applying
earlier editions of the ASME BPV Code up to 5 years to implement the
baseline or later editions or addenda of the ASME Code incorporated by
reference in the regulations. This supplement would eliminate the
requirement to update IST programs every 120 months for licensees
currently applying the 1989 Edition or a later edition of the ASME Code
incorporated by reference in the regulations.
C. Section 50.55a(f)(4)(ii)
Section 50.55a(f)(4)(ii) would be revised to specify that, for
future nuclear power plants, pumps and valves that are classified as
ASME Code Class 1, 2, or 3 components must conform to the IST
requirements (except for design and access provisions and preservice
examination requirements) stated in the latest edition and addenda of
the ASME OM Code incorporated by reference in the regulations 1 year
before issuance of the operating license. This supplement would require
future licensees to meet these IST requirements, according to the
limitations and modifications specified in the regulations, to the
extent practical within the design, geometry, and materials of
construction of the pumps and valves. This supplement would eliminate
the requirement for future licensees to update their IST programs
periodically.
D. Section 50.55a(f)(4)(iii)
Section 50.55a(f)(4)(iii) would be revised to allow licensees to
apply IST requirements specified in more recent editions and addenda of
the ASME BPV Code or ASME OM Code. [Section 50.55a(f)(3)(iv) allows
pumps and valves to be designed to meet test requirements in subsequent
editions and addenda of the ASME Code.] In particular, this supplement
would state that licensees may apply the full requirements of
subsequent editions or addenda of the ASME Code incorporated by
reference in the regulations, subject to the specified limitations and
modifications, without requesting specific NRC approval. However,
should a licensee intend to apply only a portion of a Code edition or
addenda that is not pre-approved in Sec. 50.55a(b)(4), this supplement
would require the licensee to obtain prior NRC approval under
Sec. 50.55a(a)(3), and in addition demonstrate that all related
requirements are satisfied. This provision is proposed in anticipation
of possible modification of IST requirements in subsequent editions or
addenda of the ASME Code to improve test methods or to present more
significant performance information. As a result of modifying those IST
requirements, some aspects of the ASME Code might become more difficult
to implement and other aspects might be relaxed. This supplement would
ensure that the licensee satisfies the intent of the IST requirements
when applying only a portion of subsequent editions or addenda of the
ASME Code. Whether a licensee applies all or a portion of a subsequent
edition or addenda of the ASME Code, the subsequent edition or addenda
would become the effective Code of record for the facility.
E. Section 50.55a(f)(5)
Section 50.55a(f)(5) would be revised to require licensees to
update their IST programs when a later Code edition or addenda (or
portions thereof) that has
[[Page 22584]]
been incorporated by reference in the regulations is used on a
voluntary basis. Accordingly, the NRC is retaining the provision for
licensees to request relief from those Code requirements that are
impractical. This supplement would require that, if a pump or valve
test is found to be impractical, the licensee notify and submit to the
NRC information to support its determination within 1 year from the
date on which the test was determined to be impractical. The NRC
considers this 1-year period to be ample time for licensees to submit a
relief request to the NRC staff relating to the impracticality of a
specific test. In addition, when a licensee voluntarily chooses to
update its IST program to a later Code edition or addenda, the licensee
is required to submit to the NRC the basis for those test requirements
determined to be impractical before the start of the revised IST
program. This supplement would eliminate the requirement that licensees
justify the impracticality of performing the tests every 120 months. In
granting requests for relief from specific IST requirements, the NRC
may apply a time limit on the acceptability of the relief to ensure
that the licensee considers future plant conditions or equipment that
might enable the test to be conducted.
F. Section 50.55a(g)(4)(i)
Section 50.55a(g)(4)(i) would be revised to establish a baseline
for ISI requirements (except for design and access provisions and
preservice examination requirements) of specific components for
currently operating nuclear power plants, subject to the limitations
and modifications identified in the regulations. In particular, this
supplement would require components (including supports) classified as
ASME Code Class 1, 2, or 3 to meet the ISI requirements in the 1989
Edition or a later edition of the ASME BPV Code, Section XI. As
discussed for IST requirements, this supplement would allow licensees 5
years to implement this provision. This supplement would require Class
MC and Class CC components and their integral attachments to meet the
ISI requirements in the 1992 Edition with the 1992 Addenda of
Subsections IWE and IWL of the ASME BPV Code, Section XI, according to
the implementation schedule in Sec. 50.55a(g)(6)(ii)(B). Finally, this
supplement would require ASME Code Class 1, 2, or 3 components to
comply with the provisions in Appendix VIII to Section XI of the ASME
BPV Code, 1995 Edition with the 1996 Addenda, according to the
implementation schedule in Sec. 50.55a(g)(6)(ii)(C).
G. Section 50.55a(g)(4)(ii)
Section 50.55a(g)(4)(ii) would be revised to require components in
future nuclear power plants to meet the ISI requirements (except for
design and access provisions and preservice examination requirements)
stated in the latest edition and addenda of the ASME BPV Code, Section
XI, incorporated by reference in the regulations 1 year before issuance
of the operating license. This supplement would require components to
conform to these ISI requirements, according to the limitations and
modifications specified in the regulations, to the extent practical
within the design, geometry, and materials of construction of the
components. This supplement would eliminate the regulatory requirement
for licensees of future plants to update their ISI programs
periodically.
H. Section 50.55a(g)(4)(iii)
Section 50.55a(g)(4)(iii) would be revised to allow licensees to
apply the full ISI requirements of more recent editions or addenda of
the ASME Code incorporated by reference in the regulations, subject to
the specified limitations and modifications, without requesting prior
NRC approval. [Under Sec. 50.55a(g)(3)(ii), components may be designed
to conform to ISI requirements in subsequent editions and addenda of
the ASME Code.] Similar to IST requirements in Sec. 50.55a(f)(4) which
permits a licensee to request approval under Sec. 50.55a(a)(3) to use a
portion of a Code edition or addenda that is not pre-approved in
Sec. 50.55a(b)(4), the licensee must demonstrate compliance with the
criteria in Sec. 50.55a(a)(3) as well as demonstrate that all related
requirements in the Code are satisfied. In that the ISI requirements
for Class MC and Class CC components and their integral attachments
would be baselined to the 1992 Edition with the 1992 Addenda of
Subsections IWE and IWL of Section XI of the ASME BPV Code, a licensee
would be allowed to update the ISI requirements for Class 1, 2, and 3
components (including supports) to editions or addenda of the ASME Code
incorporated by reference in the regulations, subject to the specified
limitations and modifications, without requesting prior NRC approval
while maintaining the requirements for Class MC and Class CC components
to the 1992 baseline edition of the ASME Code. Also, similar to IST,
the applied edition or addenda of the ASME Code would become the Code
of record.
I. Section 50.55a(g)(5)
Section 50.55a(g)(5) would be revised to require licensees to
update their ISI programs when a later Code edition or addenda (or
portions thereof) that has been incorporated by reference in the
regulations is used on a voluntary basis. Similar to IST requirements,
this supplement would require that, if an examination is found to be
impractical, the licensee notify and submit to the NRC (for review to
grant relief) information to support its determination within 1 year
from the date on which the examination was determined to be
impractical. In addition, when a licensee voluntarily chooses to update
its ISI program to a later Code edition or addenda, the licensee is
required to submit to the NRC the basis for those examinations
determined to be impractical before the start of the revised ISI
program. This supplement would eliminate the requirement that licensees
justify the impracticality of performing the examinations every 120
months. However, the NRC could apply a time limit on the acceptability
of an ISI relief request to ensure that the licensee considers future
plant conditions or equipment that might enable the examination to be
conducted.
IV. Plain Language
The Presidential memorandum dated June 1, 1998, entitled, ``Plain
Language in Government Writing,'' directed that the Federal
government's writing be in plain language. The NRC requests comments on
this proposed rule specifically with respect to the clarity and
effectiveness of the language used. Comments should be sent to the
address listed above.
V. Finding of No Significant Environmental Impact: Environmental
Assessment
As discussed in the proposed rule (December 3, 1997; 62 FR 63892),
based on an environmental assessment, the Commission 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 the
proposed amendment to Sec. 50.55a, if adopted, would not have a
significant effect on the quality of the human environment and,
therefore, an environmental impact statement is not required. The
environmental assessment of the proposed rule is available for public
inspection, and copying for a fee, at the NRC Public Document Room,
2120 L Street NW (Lower Level), Washington, DC.
[[Page 22585]]
This supplement to the proposed rule focuses on the NRC's
consideration of the elimination of the regulatory requirement for
nuclear power plant licensees to update their ISI and IST programs
every 120 months to the latest edition or addenda of the ASME Code
incorporated by reference in the NRC regulations. The ASME Code is
revised on a continuing basis to provide improved requirements for
inspecting pressure boundary components and testing pumps and valves in
nuclear power plants. In reviewing those periodic Code revisions, the
NRC has generally considered the evolution of the ASME Code to result
in a net improvement in the measures for inspecting piping and
components and testing pumps and valves. However, the NRC is finding
that the safety significance of the periodic revisions to the ASME Code
is declining as the Code matures. As a result, the NRC considers that
the establishment of a baseline edition and addenda of the ASME Code
with the limitations and modifications specified in the NRC regulations
would provide acceptable ISI and IST requirements to ensure the
capability of nuclear power plant components to perform their safety
functions. Further, the NRC plans to continue to review the periodic
revisions to the ASME Code to determine whether any new ISI or IST
provisions meet the backfit requirements of 10 CFR 50.109 to mandate
their implementation by nuclear power plant licensees. The NRC believes
that the establishment of an acceptable baseline of ISI and IST
requirements including the limitations and modifications specified in
the NRC regulations, and the continued review of new Code provisions
for appropriate application in accordance with 10 CFR 50.109, would
ensure the adequate protection of public health and safety without the
need for licensees to update their ISI and IST programs periodically to
the latest edition or addenda of the ASME Code incorporated by
reference in the regulations. Therefore, the NRC finds that the
proposed action to eliminate the periodic updating of ISI and IST
programs should not increase the potential for a negative environmental
impact. This discussion constitutes the environmental assessment for
the elimination of the 120-month update requirement.
VI. Paperwork Reduction Act Statement
The proposed rule published for public comment on December 3, 1997,
amended information collection requirements that are subject to the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). These
requirements were approved by the Office of Management and Budget
approval number 3150-0011.
This supplement would reduce the proposed rule burden by
eliminating the requirement to update the ISI and IST programs every
120 months. The burden reduction attributable to information
collections, including revising affected reports, records, and
procedures is estimated to be 7500 hours per plant every 10 years for
an average of 750 hours annually. This burden reduction includes the
time required for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed and completing and
reviewing the information collection. The burden reduction will be
included in the revised OMB clearance package prepared for the final
rule. The U.S. Nuclear Regulatory Commission is seeking public comment
on the potential impact of the information collections contained in the
proposed rule supplement and on the following issues:
1. Is the proposed information collection necessary for the proper
performance of the functions of the NRC, including whether the
information will have practical utility?
2. Is the estimate of paperwork burden accurate?
3. Is there a way to enhance the quality, utility, and clarity of
the information to be collected?
4. How can the paperwork burden of the information collection be
minimized, including the use of automated collection techniques?
Send comments on any aspect of this proposed information
collection, including suggestions for further reducing the paperwork
burden, to the Records Management Branch (T-6 F33), U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, or by Internet
electronic mail at [email protected]; and to the Desk Officer, Office of
Information and Regulatory Affairs, NEOB-10202, (3150-0011), Office of
Management and Budget, Washington, DC 20503.
Comments to OMB on the information collections or on the above
issues should be submitted by May 27, 1999. Comments received after
this date will be considered if it is practical to do so, but assurance
of consideration cannot be given to comments received after this date.
Public Protection Notification
If a means 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, the information
collection.
VII. Regulatory Analysis
The Commission has prepared a draft regulatory analysis for this
supplement to the proposed amendment to 10 CFR 50.55a published for
public comment on December 3, 1997. The analysis examines the costs and
benefits of the alternatives considered by the Commission with respect
to the proposed elimination of the requirement for licensees to update
their ISI and IST programs at nuclear power plants every 120 months.
The Commission requests public comment on the draft analysis for
this supplement to the proposed amendment to 10 CFR 50.55a. Comments on
the draft analysis may be submitted to the NRC as indicated under the
Addresses heading.
VIII. Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C.
605(b), the Commission certifies that this rule will not, if adopted,
have a significant economic impact on a substantial number of small
entities. This proposed rule affects only the licensing and operation
of nuclear power plants. The companies that own these plants do not
fall within the scope of the definition of ``small entities'' stated in
the Regulatory Flexibility Act or the Small Business Size Standards
stated in regulations issued by the Small Business Administration at 13
CFR Part 121.
IX. Backfit Analysis
The NRC regulations in 10 CFR 50.55a require that nuclear power
plant owners (1) construct Class 1, Class 2, and Class 3 components in
accordance with the rules stated in the 1989 Edition of Section III,
Division 1, ``Requirements for Construction of Nuclear Power Plant
Components,'' of the ASME BPV Code; (2) inspect Class 1, Class 2, and
Class 3 components in accordance with the rules stated in the 1989
Edition of Section XI, Division 1, ``Requirements for Inservice
Inspection of Nuclear Power Plant Components,'' of the ASME BPV Code
with certain limitations and modifications; (3) inspect Class MC (metal
containment) and Class CC (concrete containment) components in
accordance with the rules stated in the 1992 Edition with the 1992
Addenda of Section XI, Division 1, of the ASME BPV Code with certain
modifications; and (4) test Class 1, Class 2, and Class 3 pumps and
valves in accordance with the rules stated in the 1989 Edition of
[[Page 22586]]
Section XI, Division 1, of the ASME BPV Code with certain limitations
and modifications. The NRC regulations also require licensees to update
their ISI and IST programs every 120 months to comply with the version
of Section XI of the ASME BPV Code incorporated by reference into 10
CFR 50.55a and in effect 12 months before the start of a new 120-month
interval.
The NRC position on the routine 120-month update of ISI and IST
programs is that 10 CFR 50.109 does not require a backfit analysis. In
their comments on the proposed rule, the Nuclear Utility Backfitting
and Reform Group (NUBARG) and the Nuclear Energy Institute (NEI)
asserted that the routine updating to incorporate by reference new ASME
Code provisions for ISI and IST constitutes a backfit for which a
backfit analysis is required. The NRC has reviewed those comments and
has concluded that neither NUBARG nor NEI raises legal concerns that
would alter the previous legal conclusion that the Backfit Rule does
not require a backfit analysis of routine updates to incorporate new
ASME Code ISI and IST requirements.
Notwithstanding the NRC backfit position on the 120-month update
requirement, the NRC has determined that the overall level of safety
achieved by adherence to the currently applicable ASME Code, and the
potentially unnecessary burden on licensees caused by updating ISI and
IST programs every 120 months, warrant reconsideration of the 120-month
update requirement. The ASME Code has been revised on a continuing
basis over the years to provide updated requirements for inspecting
pressure boundary components and testing pumps and valves in nuclear
power plants. The NRC has generally considered the evolution of the
ASME Code to result in a net improvement in the measures for inspecting
piping and components and testing pumps and valves. As the Code has
matured, the NRC considers the safety significance of periodic
revisions to the ASME Code to be declining.
On the basis of the maturity of the ASME Code, the NRC is proposing
to modify 10 CFR 50.55a to eliminate the requirement for licensees to
update their ISI and IST programs beyond a baseline edition and addenda
of the ASME Code. For future nuclear power plants, the NRC intends to
continue the requirement that components conform to the ISI and IST
requirements stated in the latest edition and addenda of the ASME Code
incorporated by reference in the regulations 1 year preceding issuance
of the operating license. The NRC also proposes to eliminate the
requirement for future licensees to update their ISI and IST programs
periodically. The NRC has concluded that establishment of a baseline
edition of the ASME Code for ISI and IST requirements does not
constitute a backfit, since it represents a relaxation when compared
with the current 120-month update requirement.
X. National Technology Transfer and Advancement Act of 1995
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) requires all Federal agencies and departments to use
technical standards that are developed or adopted by voluntary
consensus standards bodies, using these technical standards as a means
to carry out policy objectives or activities determined by the agencies
and departments. This requirement only applies when the participation
of voluntary consensus standards bodies is in the public interest and
is compatible with agency and departmental missions, authorities,
priorities, and budget resources. The NRC will evaluate the
relationship of Pub. L. 104-113 to the proposal to eliminate the
regulatory requirement for licensees to update their ISI and IST
programs every 120 months to the most recent ASME Code incorporated by
reference in the regulations. The NRC's evaluation will determine
whether a report (or periodic reports) must be provided to the Office
of Management and Budget if the 120-month update requirement is
eliminated.
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, Reporting and recordkeeping requirements.
For the reasons stated in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended, the Energy Reorganization
Act of 1974, as amended, and 5 U.S.C. 553, the proposed rule published
on December 3, 1997 (62 FR 63892), is proposed to be further amended as
follows.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
1. The authority citation for Part 50 continues to read as follows:
Authority: Sections 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, 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). Section 50.37 also
issued under E.O. 12829, 3 CFR 1993 Comp., p. 570; E.O. 12958, as
amended, 3 CFR, 1995 Comp., p. 333; E.O. 12968, 3 CFR 1995 Comp., p.
391. 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).
2. Section 50.55a is amended by adding paragraph (b)(4), removing
paragraph (f)(4)(iv), removing and reserving paragraph (g)(4)(iv), and
revising paragraphs (f)(4)(i), (ii), (iii), and (f)(5), and (g)(4)(i),
(ii), (iii), and (g)(5) to read as follows:
Sec. 50.55a Codes and standards.
* * * * *
(b) * * *
(4) The following ASME Code cases or specified portions of the ASME
Codes may be used with the indicated limitations and modifications
without prior NRC approval.
(i) [Reserved]
(ii) [Reserved]
(iii) Check valves. Licensees may use Appendix II, OM Code, 1995
Edition with the 1996 Addenda, provided that all portions of the OM
Code, 1995 Edition with the 1996 Addenda, that apply to check valves
and the modifications specified in Sec. 50.55a(b)(3)(iv) are also
implemented.
(iv) Snubber inservice testing. Licensees may use Subsection ISTD,
OM Code, 1995 Edition with the 1996 Addenda, for inservice testing (but
not Section XI inservice inspection) of snubbers by making a change to
their Technical Specifications in accordance with applicable NRC
requirements. Licensees choosing to apply the subsection shall apply
all of its provisions.
(v) Snubber visual examinations. When using versions of Section XI
of the ASME Boiler and Pressure Vessel
[[Page 22587]]
Code up to and including the 1995 Edition, Table ISTD 6.5.2-1,
``Refueling Outage-Based Visual Examination Table,'' of the 1996
Addenda of the ASME OM Code may be used for scheduling snubber
examinations in lieu of the table in OM-1987 Part 4.
* * * * *
(f) * * *
(4)(i) Throughout the service life of a boiling or pressurized
water-cooled nuclear power facility whose construction permit was
issued before {the effective date of the final rule}, pumps and valves
that are classified as ASME Code Class 1, Class 2, or Class 3 must
comply with the requirements, except for design and access provisions
and preservice examination requirements, as stated in Section XI of the
1989 Edition of the ASME Boiler and Pressure Vessel Code subject to the
limitations and modifications listed in Sec. 50.55a(b) to the extent
practical within the limitations of design, geometry, and materials of
construction of the pumps and valves. Licensees shall implement these
requirements within 60 months following {the effective date of the
final rule}.
(ii) Throughout the service life of a boiling or pressurized water-
cooled nuclear power facility whose construction permit was issued on
or after {the effective date of the final rule}, pumps and valves that
are classified as ASME Code Class 1, Class 2, or Class 3 must comply
with the requirements, except design and access provisions and
preservice examination requirements, as stated in the latest edition
and addenda of the ASME Code for Operation and Maintenance of Nuclear
Power Plants that are incorporated by reference in Sec. 50.55a(b) on
the date 12 months preceding the date of issuance of the operating
license subject to the limitations and modifications listed in
Sec. 50.55a(b) to the extent practical within the limitations of
design, geometry, and materials of construction of the pumps and
valves.
(iii)(A) Inservice tests of pumps and valves may comply with the
requirements stated in subsequent editions and addenda of the ASME
Codes that are incorporated by reference in Sec. 50.55a(b), subject to
the limitations and modifications listed in Sec. 50.55a(b), to the
extent practical within the limitations of design, geometry, and
materials of construction of the pumps and valves.
(B) Portions of those editions or addenda may be used subject to
Commission approval. The licensee shall demonstrate compliance with the
criteria in Sec. 50.55a(a)(3), and in addition demonstrate that all
related requirements are satisfied.
(5)(i) The inservice test program for a boiling or pressurized
water-cooled nuclear power facility must be revised by the licensee to
comply with the requirements of Sec. 55.55a(f)(4)(iii) when used in
lieu of meeting the requirements of either Secs. 55.55a(f)(4)(i) or
(f)(4)(ii), as applicable.
(ii) If a revised inservice test program for a facility conflicts
with the technical specification for the facility, the licensee shall
apply to the Commission for amendment of the Technical Specifications
to conform the technical specification to the revised program. The
licensee shall submit this application, as specified in Sec. 50.4, at
least 6 months before the start of the period during which the
provisions become applicable.
(iii) If the licensee has determined that conformance with certain
Code requirements is impractical for its facility, the licensee shall
notify the Commission and submit, as specified in Sec. 50.4,
information to support the determination within one year from the date
on which the test was determined to be impractical.
(iv) Where a pump or valve test requirement by the Code edition or
addenda is determined to be impractical by the licensee and is not
included in the revised inservice testing program as permitted by
Sec. 50.55a(f)(4)(iii), the basis for this determination must be
submitted to the Commission before the start of the revised inservice
testing program.
* * * * *
(g) * * *
(4)(i) Throughout the service life of a boiling or pressurized
water-cooled nuclear power facility whose construction permit was
issued before {the effective date of the final rule}, and subject to
the limitations and modifications listed in Sec. 50.55a(b) to the
extent practical within the limitations of design, geometry, and
materials of construction of the components:
(A) Components (including supports) that are classified as ASME
Code Class 1, Class 2, or Class 3 must meet the requirements, except
for design and access provisions and preservice examination
requirements, stated in Section XI of the 1989 Edition of the ASME
Boiler and Pressure Vessel Code, within 60 months following {the
effective date of the final rule};
(B) Components that are classified as Class MC pressure-retaining
components and their integral attachments, and components that are
classified as Class CC pressure-retaining components and their integral
attachments, must comply with the requirements, except for design and
access provisions and preservice examination requirements, stated in
the 1992 Edition with the 1992 Addenda of Subsection IWE and Subsection
IWL of the ASME Boiler and Pressure Vessel Code, Section XI; and
(C) Components that are classified as ASME Code Class 1, Class 2,
or Class 3 must comply with the requirements stated in Appendix VIII of
the ASME Boiler and Pressure Vessel Code, Section XI, 1995 Edition with
the 1996 Addenda.
(ii) Throughout the service life of a boiling or pressurized water-
cooled nuclear power facility whose construction permit was issued on
or after {the effective date of the final rule}, components (including
supports) that are classified as ASME Code Class 1, Class 2, or Class
3; Class MC pressure-retaining components and their integral
attachments; and components that are classified as Class CC pressure-
retaining components and their integral attachments, must comply with
the requirements, except for design and access provisions and
preservice examination requirements, stated in the latest edition and
addenda of Section XI of the ASME Boiler and Pressure Vessel Code that
are incorporated by reference in Sec. 50.55a(b) on the date 12 months
preceding the date of issuance of the operating license subject to the
limitations and modifications listed in Sec. 50.55a(b) to the extent
practical within the limitations of design, geometry, and materials of
construction of the components.
(iii)(A) Inservice examination of components and system pressure
tests may comply with the inspection requirements stated in subsequent
editions and addenda of the ASME Boiler and Pressure Vessel Code that
are incorporated by reference in Sec. 50.55a(b), subject to the
limitations and modifications listed in Sec. 50.55a(b), to the extent
practical within the limitations of design, geometry, and materials of
construction of the components.
(B) Portions of those editions or addenda may be used subject to
Commission approval. The licensee shall demonstrate compliance with the
criteria in Sec. 50.55a(a)(3), and in addition demonstrate that all
related requirements are satisfied.
(iv) [Reserved]
* * * * *
(5)(i) The inservice inspection program for a boiling or
pressurized water-cooled nuclear power facility
[[Page 22588]]
must be revised by the licensee to meet the requirements of
Sec. 50.55a(g)(4)(iii) when used in lieu of compliance with the
requirements of Secs. 50.55a(g)(4)(i) or (g)(4)(ii).
(ii) If a revised inservice inspection program for a facility
conflicts with the technical specification for the facility, the
licensee shall apply to the Commission for amendment of the Technical
Specifications to conform the technical specification to the revised
program. The licensee shall submit this application, as specified in
Sec. 50.4, at least 6 months before the start of the period during
which the provisions become applicable.
(iii) If the licensee has determined that conformance with certain
Code requirements is impractical for its facility, the licensee shall
notify the Commission and submit, as specified in Sec. 50.4,
information to support the determinations within one year from the date
on which the examination was determined to be impractical.
(iv) Where an examination requirement by the Code edition or
addenda is determined to be impractical by the licensee and is not
included in the revised inservice inspection program as permitted by
Sec. 50.55a(g)(4)(iii), the basis for this determination must be
submitted to the Commission before the start of the revised inservice
inspection program.
* * * * *
Dated at Rockville, MD this 15th day of April 1999.
For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 99-10491 Filed 4-26-99; 8:45 am]
BILLING CODE 7590-01-P
