ML051020364
| ML051020364 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 03/31/2005 |
| From: | Jamil D Duke Power Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| RIS-04-016 | |
| Download: ML051020364 (8) | |
Text
,DDuke D.M. JAMIL or Powere Vice President A Duke Energy Company Duke Power Catawba Nuclear Station 4800 Concord Rd. / CNO IVP York, SC 29745-9635 803 831 4251 803 831 3221 fax March 31, 2005 U.S. Nuclear Regulatory Commission Attention:
Document Control Desk Washington, D.C.
20555-0001
SUBJECT:
Duke Energy Corporation Catawba Nuclear Station, Unit 2 Docket Number 50-414 Request to use a later Edition and Addenda of the ASME Boiler and Pressure Vessel Code,Section XI for Repair/Replacement Activities at Catawba Nuclear Station, Unit 2 in accordance with 10 CFR 50.55a(g) (4) (iv)
In accordance with the guidance provided in NRC Regulatory Issue Summary (RIS) 2004-16, dated October 19, 2004, Duke Energy Corporation hereby requests NRC approval to use the ASME Boiler and Pressure Vessel Code,Section XI, 1998 Edition with the 2000 Addenda, subject to modifications and limitations imposed by 10 CFR 50.55a(b)(2) for Repair/Replacement Activities on Class 1, 2, and 3 components at Catawba Nuclear Station Unit 2 commencing on June 29, 2005.
When using the 1998 Edition with the 2000 Addenda, all related requirements of this edition and addenda shall be used.
Duke intends to use this edition and addenda until the start of the Catawba Unit 2 3rd Inservice Inspection Interval, currently scheduled to begin on August 19, 2006.
Please note that the Catawba Unit 2 2nd Inservice Inspection Interval Plan for Class 1, 2, and 3 components currently uses the ASME Boiler and Pressure Vessel Code,Section XI, 1989 Edition.
In accordance with the guidance provided in RIS 2004-16, Duke requests NRC approval of this request by June 29, 2005.
rpoqa7 www. duke-energy. corn
Nuclear Regulatory Commission March 31, 2005 Page 2 If you have any questions or require additional information, please contact Mark Ferlisi at (704) 382-3923.
Sincerely, v
D. M. Jamil mjf\\ken
Nuclear Regulatory Commission March 31, 2005 Page 3 xc w/att:
W. D. Travers, Regional Administrator U. S. Nuclear Regulatory Commission, Region II Sam Nunn Atlanta Federal Center 23T85 61 Forsyth St., SW Atlanta, GA 30303 S. E. Peters (Addressee only)
U. S. Nuclear Regulatory Commission Mail Stop 0-8 G12 Washington, DC 20555-0001 E. F. Guthrie NRC Senior Resident Inspector (CNS)
CNO1NC
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UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR REACTOR REGULATION WASHINGTON, D.C. 20555-0001 October 19, 2004 NRC REGULATORY-ISSUE:
SUMMARY
-2004:16:c5 USE OF LATER EDITIONS AND ADDENDA TO ASME CODE SECTION XI FOR REPAIR/REPLACEMENT ACTIVITIES ADDRESSEES All holders of operating licenses for nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel.
INTENT The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS) to clarify the requirements in Title 10 of the Code of Federal Regulations, Part 50, paragraph 55a(g)(4)(iv) (10 CFR 50.55a(g)(4)(iv)), and the use of American Society of Mechanical Engineers (ASME) Code Case N-389-1, "Alternative Rules for Repairs, Replacements, or Modifications-Section Xl, Division 1," when applying the rules of later editions and addenda of ASME Code Section Xl, 'Rules for Inservice Inspection of Nuclear Plant Components."
BACKGROUND Section 50.55a governs the use of codes and standards, including the ASME Boiler and Pressure Vessel Code (ASME Code). Paragraph 50.55a(g)(4)(iv) provides requirements on the use of later editions and addenda of the ASME Code for the inservice examination of components and system pressure tests.
ASME Code Case (Code Case) N-389-1 provides guidance on which editions and addenda of ASME Code Section Xl licensees may use when making a repair, replacement, or modification to nuclear plant components. Specifically, the Code Case states that licensees may use later editions and addenda of ASME Code Section Xl than those specified in the owner's inservice inspection program, provided that all related requirements are met. The Code Case further states that the later editions and addenda need to be accepted by the enforcement and regulatory authorities having jurisdiction at the plant site.
Code Cases provide alternatives to existing ASME Code requirements. Those Code Cases that the NRC finds acceptable are included in NRC's Regulatory Guide 1.147, "Inservice Inspection Code Case Acceptability, ASME Section Xl, Division 1." Regulatory Guide 1.147, ML042590067
RIS 2004-16 Page 2 of 4 Revision 13, was incorporated by reference into 10 CFR 50.55a, "Codes and Standards," by a final rule (68 FR 40469, July 8, 2003). The NRC approved Code Case N-389-1 in Regulatory Guide 1.147, Revision 13, with no conditions. The provisions of Code Case N-389-1 have also been incorporated into Section XI of the ASME Code in the 1995 edition through 1995 addenda.
It should be noted that the phrase used in the latest ASME Code Section Xl for repair, replacement, and modification is "repair/replacement activities."
SUMMARY
OF ISSUE Questions have arisen regarding the need for licensees to seek prior NRC review and approval to use the later editions and addenda of the ASME Code Section Xl for repair/replacement activities, in accordance with the requirements of 10 CFR 50.55a(g)(4)(iv). The NRC is aware that some licensees may have used later editions and addenda of the ASME Code without prior NRC review and approval. Several licensees have expressed the view that because Code Case N-389-1 is applicable only to repair/replacement activities and because 10 CFR 50.55a(g)(4)(iv) only addresses inservice examination requirements, the prior NRC approval requirement of 10 CFR 50.55a(g)(4)(iv) does not apply to the use of Code Case N-389-1. Other licensees have expressed that there is an apparent conflict between 10 CFR 50.55a(g)(4)(iv) and 10 CFR 50.55a(b)(5) regarding the need for NRC approval when implementing Code Case N-389-1.
Paragraph 50.55a(b)(2) incorporates by reference those editions and addenda of the ASME Code Section Xl, that the NRC finds acceptable, subject to certain limitations and modifications.
Currently, paragraph 50.55a(b)(2) incorporates by reference the ASME Code Section Xl from the 1970 edition through the 2000 addenda (Division 1).
Paragraph 50.55a(b)(5) incorporates by reference Regulatory Guide 1.147, Revision 13, including those Code Cases which the NRC finds acceptable. Paragraph 50.55a(b)(5) states that "...licensees may apply the ASME Boiler and Pressure Vessel Code Cases listed in Regulatory Guide 1.147 through Revision 13, without prior NRC approval..."
Paragraph 50.55a(g)(4) states, in part, that throughout the service life of a nuclear power facility, components must meet the requirements set forth in Section Xl of editions of the ASME Code and addenda. The repair, replacement, and modification of plant components are not explicitly mentioned in 10 CFR 50.55a(g)(4) and associated subparagraphs. However, these activities are specifically mentioned in ASME Code Section Xl, 'Rules for Inservice Inspection of Nuclear Power Plant Components." The NRC staff considers that these activities are not separate and distinct from, but are included under, inservice examinations. Therefore, the requirements of 10 CFR 50.55a(g)(4)(iv) are applicable to repair/replacement activities.
Paragraph 50.55a(g)(4)(iv) states specifically that inservice examination of components and system pressure tests may meet the requirements set forth in subsequent editions and addenda of the ASME Code provided that they are incorporated by reference in 10 CFR 50.55a(b),
subject to the limitations and modifications listed in 10 CFR 50.55a(b) and subject to Commission approval. Portions of editions or addendum may be used provided that all related requirements of the respective editions or addenda are met.
I RIS 2004-16 Page 3 of 4 The NRC finds no conflict between the provisions of Code Case N-389-1 and 10 CFR 50.55a(g)(4)(iv) because the Code Case is silent on the issue of prior NRC review and approval regarding the use of later editions and addenda of the ASME Code for repair/replacement activities. In addition, the primary purpose of Code Case N-389-1 is the ASME Code's response to licensees' inquiries regarding which editions and addenda of Section Xi may be used as alternatives to those specified in the Owner's Inservice Inspection Program.
Moreover, with regard to the differences in requirements between 10 CFR 50.55a(g)(iv) and 10 CFR 50.55a(b)(5), the requirements in 10 CFR 50.55a(b)(5) apply to adopting and codifying Code Cases, whereas 10 CFR 50.55a(g)(4)(iv) specifies the overall inservice inspection requirements including requirement for repair/replacement activities. Therefore, the requirements in 10 CFR 50.55a(b)(5) are subordinated to the requirements in 10 CFR 50.55a(g)(4)(iv). The purpose of the NRC review and approval for the use of later ASME editions and addenda is to provide and monitor consistency in the use of the appropriate ASME editions and addenda in repair/replacement activities of nuclear plant components.
On the basis of the above discussionuesNRCe horildes that licensees~who-wish-tot pLroyisions of subsequent editions-and Raddenda-of.the ASME CodeS ction XXI ofr.abtivities, (inciuding-repair/replacement activities (e g.,-ode Case N 389-1 receive pri o-r -lC3 review and -approvalas re quire-db7y10 CER 50.55a(g)(4)(iv);Y BACKFIT DISCUSSION This RIS requires no action or written response and is, therefore, not a backfit under 10 CFR 50.109. Consequently, the staff did not perform a backfit analysis.
FEDERAL REGISTER NOTIFICATION A notice of opportunity for public comment on this RIS was not published in the Federal Register because it is informational and pertains to a staff position that does not depart from current regulatory requirements and practice.
SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT OF 1996 The NRC has determined that this action is not a new rule and therefore is not subject to the Small Business Regulatory Enforcement Fairness Act of 1996.
PAPERWORK REDUCTION ACT STATEMENT This RIS does not contain an information collection request and therefore is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
I RIS 2004-16 Page 4 of 4 CONTACT Please direct any questions about this matter to the technical contact listed below or to the appropriate Office of Nuclear Reactor Regulation (NRR) project manager.
IRA!
Francis M. Costello, Acting Chief Reactor Operations Branch Division of Inspection Program Management Office of Nuclear Reactor Regulation Technical
Contact:
John Tsao, NRR 301-415-2702 ict(cnrc.aov
Attachment:
List of Recently Issues NRC Regulatory Issue Summaries
I fig Attachment RIS 2004-16 Page 1 of 1 LIST OF RECENTLY ISSUED NRC REGULATORY ISSUE SUMMARIES Regulatory Issue Date of Summary No.
Subject Issuance Issued to 2004-15 Emergency Preparedness Issues:
10/18/2004 All holders of operating licenses Post 9/11 for nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel.
2004-14 2004-13 2004-12 Focusing Resources in the Office of Nuclear Reactor Regulation as a Result of Review of Security Plan Changes Consideration of Sheltering in Licensee's Range of Protective Action Recommendations Clarification on Use of Later Editions and Addenda to the ASME OM Code and Section Xl 09/20/2004 08/02/2004 07/28/2004 All holders of operating licenses for nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel.
All holders of operating licenses for nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel.
All holders of operating licenses for nuclear power reactors except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel.
Note:
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