ML021490276

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Comment (3) Submitted by Duke Power Co., M.S. Tuckman on Proposed Rule PR-50 Regarding Incorporation by Reference of ASME BPV and OM Code Cases
ML021490276
Person / Time
Site: Oconee, Mcguire, Catawba, McGuire  Duke Energy icon.png
Issue date: 05/23/2002
From: Tuckman M
Duke Power Co
To: Annette Vietti-Cook
NRC/SECY, NRC/SECY/RAS
Ngbea E S
References
+adjud/ruledam200505, 67FR12488 00003, PR-50
Download: ML021490276 (2)


Text

Duke Power SDuke 526 South Church St. ECO7H VPower DOCKETED Charlotte, NC 28202 A Duke Energy Company USNRC P. O. Box 1006 EC07H Charlotte, NC 28201-1006 May 29, 2002 (8:15AM) (704) 382-2200 OFFICE IhlJ M. S. Tuckman (704) 382-4360 FAX Executive Vice President Nuclear Generation OFFIC :E OF SECRETARY RULEMAKINGS AND ADJL JDICATIONS STAFF May 23, 2002 DOCKET MU. i PROPOSED Ms. Annette L. Vietti-Cook, Secretary U.S. Nuclear Regulatory Commission (617Fb 12:)

Washington, DC 20555-0001 Attention: Rulemakings and Adjudications Staff

Subject:

Comments on Proposed Amendment to 10CFR50.55a, Codes and Standards, 67FR12488 dated March 19, 2002 Duke Energy offers the following comments relative to the solicitation for public comments regarding the proposed amendment to 10CFR50.55a, "Codes and Standards" as published in the Federal Register on March 19, 2002. This amendment proposes to incorporate by reference certain ASME Code Cases which the NRC has reviewed and found acceptable for use.

As written, new paragraphs (i)(2)(ii), (i)(3)(ii), and (i)(4)(ii) of the proposed rulemaking would require immediate implementation of a later edition of a Code Case once the applicable Regulatory Guide is referenced in a revision to IOCFR50.55a. These paragraphs could place limitations and conditions on the earlier version of a Code Case once a later version is approved and incorporated into the applicable Regulatory Guide and referenced in IOCFR50.55a.

This appears to be inconsistent with the existing regulatory requirements contained in IOCFR50.55a, paragraphs (f)(4)(ii) and (g)(4)(ii), which permit licensees to defer implementation of new ASME Code criteria until the end of the current 10 year inservice test or inspection interval. It is recommended to revise these paragraphs to be consistent with existing regulations.

Please address any questions to Lee Hentz at 704-382-F081. Thank you for the opportunity to provide these comments.

Sincerely, M. S. Tuckman Te vn IdL ~5cY.,o1 S. Sel 4-P0o

U. S. Nuclear Regulatory Commission May 23, 2002 Page 2 bxc: M.T. Cash C.J. Thomas G.D. Gilbert L.E. Nicholson E.B. Miller ELL