ML071080338
| ML071080338 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 08/23/2007 |
| From: | Michael Case NRC/NRR/ADRO/DPR |
| To: | |
| References | |
| FOIA/PA-2009-0070 RIS-07-016 | |
| Download: ML071080338 (7) | |
See also: RIS 2007-16
Text
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR REACTOR REGULATION
WASHINGTON, D.C. 20555-0001
August 23, 2007
NRC REGULATORY ISSUE SUMMARY 2007-16:
IMPLEMENTATION OF THE REQUIREMENTS OF
10 CFR 54.37(b) FOR HOLDERS OF RENEWED LICENSES
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 provide guidance to holders of renewed licenses on implementing the requirements of
Title 10 of the Code of Federal Regulations (10 CFR) Section 54.37(b), regarding information
required to be included in final safety analysis report (FSAR) updates.
BACKGROUND INFORMATION
The license renewal rule, 10 CFR Part 54, Requirements for Renewal of Operating Licenses
for Nuclear Power Plants, requires in 10 CFR 54.21(d) that an applicant include in its license
renewal application a supplement to its FSAR that contains a summary description of the
programs and activities credited for managing the effects of aging and the evaluation of time-
limited aging analyses (TLAAs). The existing regulatory process, existing licensee oversight
activities, and the additional regulatory controls associated with placing a summary description
of aging management activities in the FSAR provide assurance that changes that could
decrease the overall effectiveness of programs to manage the effects of aging or evaluation of
TLAAs receive appropriate review by the licensee. In 10 CFR 54.37(b), the license renewal rule
requires the following:
After the renewed license is issued, the FSAR update required by 10 CFR 50.71(e)
must include any systems, structures, and components newly identified that would have
been subject to an aging management review or evaluation of time-limited aging
analyses in accordance with §54.21. This FSAR update must describe how the effects
of aging will be managed such that the intended function(s) in §54.4(b) will be effectively
maintained during the period of extended operation.
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The application of this regulatory requirement and the applicability of the backfit rule,
10 CFR 50.109, Backfitting, have been the subject of significant interactions between the
NRC staff and the industry. The most recent discussion of these interactions appears in an
October 11, 2006, letter from the NRC to the Nuclear Energy Institute (NEI) available in the
Agencywide Documents Access and Management System (ADAMS) under ADAMS Accession
No. ML062700236.
DISCUSSION
Newly Identified Systems, Structures, and Components (SSCs)
The intent of 10 CFR 54.37(b) is to capture those SSCs that, if they had been identified at the
time of the license renewal application, would have been subject to an aging management
review or evaluation of TLAAs. In the context of 10 CFR 54.37(b), newly identified SSCs that
should be included in the next FSAR update required by 10 CFR 50.71(e) are those SSCs that
meet one of the two following conditions:
(1) There is a change to the current licensing basis (CLB) that meets the following criteria:
-
The change impacts SSCs that were not in scope for license renewal when the NRC
approved the license renewal application.
-
The SSCs would have been in the scope of license renewal based on the CLB change if
10 CFR 54.4(a) were applied to the SSCs.
(2) SSCs were installed in the plant at the time of the license renewal review that, in
accordance with the CLB at the time, should have been included in the scope of license
renewal per 10 CFR 54.4(a) but were not identified as in scope until after issuance of the
renewed license.
SSCs that are plant additions or modifications installed after the renewed license is issued are
not subject to the provisions of 10 CFR 54.37(b).
Identification of SSCs
The language of 10 CFR 54.37(b) does not limit how or by whom newly identified SSCs are to
be found. A licensee may identify SSCs that should be within the scope of its license renewal
program at any time. Currently, the only additional source that has identified new SSCs that
should be in the scope of license renewal is the NRCs License Renewal Interim Staff Guidance
(LR-ISG) process. The agency developed the LR-ISG process in coordination with the industry
and issued it in final form on December 12, 2003 (ADAMS Accession No. ML023520620). The
LR-ISG process captures lessons learned by the NRC and industry during license renewal
application reviews and communicates them in a timely manner to all stakeholders.
Page 3 of 6
There are two types of LR-ISGsclarification and compliance. Clarification LR-ISGs provide
additional guidance to applicants that the staff or stakeholders feel is necessary to improve the
efficiency and effectiveness of the license renewal process or to help reduce the number of
requests for additional information. Clarification LR-ISGs do not create new staff positions and
do not apply to licensees holding renewed licenses. Compliance LR-ISGs involve compliance
with the regulations and, therefore, apply to both applicants and licensees holding renewed
licenses. As discussed later in this document under Backfit Discussion, the backfit rule,
10 CFR 50.109, does not apply to the requirement in 10 CFR 54.37(b) to include newly
identified SSCs in the FSAR update required by 10 CFR 50.71(e). The backfit rule would apply
to other changes after a renewed license is issued affecting aging management or TLAA
evaluations that do not involve the scope of the license renewal rule as defined under the
discussion of newly identified SSCs above.
The NRC staff previously indicated that it would notify licensees by generic communication as
to which LR-ISGs are related to compliance and involve newly identified SSCs after the
LR-ISGs were incorporated into the following license renewal guidance documents, as
applicable:
Regulatory Guide (RG) 1.188, Standard Format and Content for Applications to Renew
Nuclear Power Plant Operating Licenses, Revision 1, September 2005
NUREG-1800, Standard Review Plan for Review of License Renewal Applications for
Nuclear Power Plants (SRP-LR), Revision 1, September 2005
NUREG-1801, Generic Aging Lessons Learned (GALL) Report, Volumes 1 and 2,
Revision 1, September 2005 (incorporated by reference in the SRP-LR)
RG 1.188 endorses NEI 95-10, Industry Guidelines for Implementing the Requirements of
10 CFR Part 54The License Renewal Rule, Revision 6, issued June 2005.
The NRC issued the three following compliance LR-ISGs and subsequently incorporated them
into the referenced guidance documents:
Station Blackout SSCsIn LR-ISG-02, dated April 1, 2002 (ADAMS Accession
No. ML020920464), the NRC provided additional guidance for identifying the SSCs relied
upon to meet the requirements of the station blackout rule (10 CFR 50.63, Loss of All
Alternating Current Power) as required by 10 CFR 54.4(a)(3). The guidance in this LR-ISG
was subsequently incorporated into SRP-LR, Section 2.5.
Electrical Fuse HoldersThe NRC provided guidance on the identification and treatment of
electrical fuse holders for license renewal in LR-ISG-05, dated March 10, 2003 (ADAMS
Accession No. ML030690492). The guidance in this LR-ISG was subsequently
incorporated into SRP-LR, Table 2.1-5 and Section 3.6, GALL Report, Chapter VI and
Aging Management Program XI.E5, and Appendix B to NEI 95-10 endorsed by RG 1.188.
Page 4 of 6
Housings for Active ComponentsThe NRC provided guidance on the identification and
treatment of housing for active components for license renewal in LR-ISG-06, dated April 8,
2003 (ADAMS Accession No. ML031010423). The guidance in this LR-ISG was
subsequently incorporated into SRP-LR, Table 2.1-5 and Appendix B to NEI 95-10
endorsed by RG 1.188.
The NRC identified the need for these LR-ISGs during the review of early license renewal
applications as the process was evolving. As such, most holders of renewed licenses may
have already included the SSCs discussed in these LR-ISGs in the scope of renewal for their
plants. However, the agency issued some early renewed licenses without the licensees
explicitly including the subject SSCs in the scope of their license renewal applications. Holders
of renewed licenses should verify that their original license renewal programs included these
SSCs and that appropriate aging management programs exist and are described in the FSAR.
Those licensees whose programs do not already include these SSCs must perform an aging
management review in accordance with 10 CFR 54.21, Contents of ApplicationTechnical
Information, and should submit the information required by 10 CFR 54.37(b) in their next FSAR
update.
Future Notification of Newly Identified SSCs
With the level of experience that now exists with license renewal application reviews, the NRC
staff does not anticipate identifying on a generic basis new SSCs in the scope of license
renewal that require consideration under 10 CFR 54.37(b) by holders of renewed licenses. In
the event that new SSCs are identified that meet the definition above for newly identified SSCs
(e.g., in a future LR-ISG or guidance document update), the NRC staff will inform licensees of
the need to consider the SSCs for applicability to their facilities.
FSAR Update
The FSAR update required by 10 CFR 54.37(b) must include newly identified SSCs that would
have been subject to an aging management review or evaluation as a TLAA in accordance with
10 CFR 54.21. The FSAR update needs to describe how the effects of aging will be managed
such that the intended function(s) in 10 CFR 54.4(b) will be maintained effectively during the
period of extended operation.
When the NRC issued the amended license renewal rule in 1995, the Commission stressed the
importance of describing the aging management reviews or TLAAs for newly identified SSCs in
the FSAR (Volume 60 of the Federal Register (FR), pages 22483-22484 (60 FR
22483-22484)). It was noted in the FR notice that such a level of detail appeared to be at odds
with the requirement in 10 CFR 54.21(d) that the FSAR supplement need only contain a
summary description of the aging management programs or TLAAs. However, the Commission
explained that for those SSCs that were subject to an aging management review as part of the
license renewal process, the application itself and the FSAR supplement together provided the
requisite regulatory control to ensure the efficacy of the aging management program. Newly
identified SSCs have not been subjected to the same level of review. Thus, the level of detail
required to describe the aging management reviews or TLAAs in the FSAR update for newly
identified SSCs is appropriate, even though it is greater than the level of detail required for the
original license renewal FSAR supplement.
Page 5 of 6
BACKFIT DISCUSSION
This RIS does not involve a backfit under the backfit rule (10 CFR 50.109). The Commission
addressed the applicability of the backfit rule both when it promulgated the license renewal rule
in 1991 (56 FR 64974) and when amending it in 1995 (60 FR 22490-22491). In discussing
whether the backfit rule should apply to the review of a license renewal application, the
Commission stated that the agency may impose any additional requirements necessary to
manage the effects of aging without consideration of costs as part of the license renewal
process. The Commission does not intend to impose requirements on a licensee that go
beyond what is necessary to adequately manage aging. This position is analogous to the
compliance exception of 10 CFR 50.109(a)(4)(i). Newly identified SSCs would have been
subject to an aging management review if they had been identified at the time of the license
renewal application. Thus, requiring a licensee to consider newly identified SSCs after a
renewed license is issued is not a backfit. The requirements of 10 CFR 54.37(b) apply only to
newly identified SSCs. They do not impose any changes in aging management programs or
TLAAs after a renewed license is issued unrelated to a newly identified SSC. The backfit rule
continues to apply to these types of changes.
FEDERAL REGISTER NOTIFICATION
A notice of opportunity for public comment on this RIS was not published in the Federal
Register because the RIS is informational and pertains to a staff position that does not depart
from current regulatory requirements and practices.
CONGRESSIONAL REVIEW ACT
This RIS is not a rule as designated by the Congressional Review Act (5 U.S.C. §§ 801-808)
and, therefore, is not subject to the Act.
PAPERWORK REDUCTION ACT STATEMENT
This Regulatory Issue Summary contains information collection requirements that are subject to
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). These information collections
were approved by the Office of Management and Budget (OMB), approval numbers 3150-0011
and 3150-0155.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to respond to, a request for
information or an information collection requirement unless the requesting document displays a
currently valid OMB control number.
Page 6 of 6
CONTACT
Please direct any questions about this matter to the technical contact listed below.
/RA by TQuay for/
Michael J. Case, Director
Division of Policy and Rulemaking
Office of Nuclear Reactor Regulation
Technical Contact:
Stephen T. Hoffman, NRR
301-415-3245
Email: sth@nrc.gov
Note: NRC generic communications may be found on the NRC public Web site,
http://www.nrc.gov, under Electronic Reading Room/Document Collections.
Page 6 of 6
CONTACT
Please direct any questions about this matter to the technical contact listed below.
/RA by TQuay for/
Michael J. Case, Director
Division of Policy and Rulemaking
Office of Nuclear Reactor Regulation
Technical Contact:
Stephen T. Hoffman, NRR
301-415-3245
Email: sth@nrc.gov
Note: NRC generic communications may be found on the NRC public Web site,
http://www.nrc.gov, under Electronic Reading Room/Document Collections.
DISTRIBUTION:
RIS File
Accession No.: ML071080338
OFFICE
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06/27/07
08/10/07
08/23/07
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