ML083500028
| ML083500028 | |
| Person / Time | |
|---|---|
| Issue date: | 03/18/2009 |
| From: | Mcginty T Division of Policy and Rulemaking |
| To: | |
| Homiack, M, NRR/DLR/RLRB 415-1683 | |
| Shared Package | |
| ml082180410 | List: |
| References | |
| RIS-07-016, Rev. 1 | |
| Download: ML083500028 (6) | |
See also: RIS 2007-16
Text
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR REACTOR REGULATION
WASHINGTON, DC 20555-0001
Month XX, 2009
NRC REGULATORY ISSUE SUMMARY 2007-16, REV. 1
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 revised regulatory issue
summary (RIS) to clarify guidance for stakeholders on implementing the requirements of
Title 10, Part 54, Requirements for Renewal of Operating Licenses for Nuclear Power Plants,
of the Code of Federal Regulations (10 CFR Part 54), specifically Section 54.37(b). This
revised RIS also addresses the applicability of Section 50.109, Backfitting, of 10 CFR Part 50,
Domestic Licensing of Production and Utilization Facilities.
BACKGROUND INFORMATION
On May 8, 1995, the NRC published an amendment to 10 CFR Part 54 (the License Renewal
Rule) in 60 Federal Register (FR) 22461-22495. In the amended rule, 10 CFR 54.21(d)
requires an applicant to include in its license renewal application (LRA) a supplement to its final
safety analysis report (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 the licensee will appropriately review
changes that could decrease the overall effectiveness of programs to manage the effects of
aging or the evaluation of TLAAs. In 10 CFR 54.37(b), the NRC 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
RIS 2007-16, Rev. 1
Page 2 of 5
intended function(s) in § 54.4(b) will be effectively maintained during the period of
extended operation.
The application of this regulatory requirement and the applicability of 10 CFR 50.109 (the
Backfit Rule) have been the subject of several interactions between the NRC staff and the
industry. Since issuing the amended License Renewal Rule, the Commissions position
remains that the Backfit Rule does not apply to the requirement in 10 CFR 54.37(b) to include
newly identified systems, structures, and components (SSCs) in the FSAR update required by
10 CFR 50.71(e)1. However, once a renewed license is issued, the Backfit Rule applies when
the NRC seeks to impose changes affecting aging management reviews or TLAA evaluations
previously reviewed and approved as part of the issuance of the renewed license.
The NRC staff addressed this issue in the original RIS2. However, while addressing
recommendations from the NRCs Office of the Inspector General (OIG) audit of the
effectiveness of the license renewal program, as documented in OIG-07-A-15, Audit of the
NRCs License Renewal Program, dated September 6, 2007 (ADAMS Accession
No. ML072490486), the NRC staff identified the need for a revised RIS. Specifically, OIG
suggested the following:
Establish a review process to determine whether or not Interim Staff Guidance meets the
provisions of 10 CFR 54.37(b), and document accordingly.
This revised RIS clarifies the requirements of the License Renewal Rule and the role of the
license renewal interim staff guidance (LR-ISG) process for including newly identified SSCs
under 10 CFR 54.37(b).
SUMMARY OF ISSUE
Newly Identified Systems, Structures, and Components
The intent of 10 CFR 54.37(b) is to capture those SSCs that, if they had been identified at the
time of the LRA, would have been subject to an aging management review or evaluation of
TLAAs. Therefore, 10 CFR 54.37(b) applies only to newly identified SSCs (hardware) and not
to licensee programs or procedures. In the context of 10 CFR 54.37(b), newly identified SSCs
to be included in the FSAR update required by 10 CFR 50.71(e) are those SSCs that meet
either of the following two conditions:
(1) The licensee installed the SSCs in the plant after the NRC granted a renewed operating
license, and the SSCs would have been included within the scope of license renewal
had they been installed before the NRC issued the renewed license.
(2) The SSCs existed in the plant when the NRC issued a renewed operating license and
were excluded from the scope of license renewal. However, after the issuance of the
1
The Commission re-affirmed this policy in a memorandum from Dale E. Klein to Hubert T. Bell, Response to
Recommendation 8 of 9/6/07 Audit Report on NRCs License Renewal Program, dated April 1, 2008
(ML080870286).
2
The NRC issued the original version of RIS 2007-16, "Implementation of the Requirements of 10 CFR 54.37(b) for
Holders of Renewed Licenses, on August 23, 2007 (ML071080338).
RIS 2007-16, Rev. 1
Page 3 of 5
renewed license, the SSCs are the subject of a current licensing basis change such that
the SSCs would have been considered within the scope of license renewal had the
change occurred before the NRC issued the renewed license.
If the SSCs meet one of these conditions, then the renewed license holder must include the
required information on aging management programs for those SSCs in the FSAR update. This
does not constitute backfitting under 10 CFR 50.109.
The requirement in 10 CFR 54.37(b) does not apply to those SSCs that existed in the plant
when the NRC originally granted the renewed operating license. For those SSCs, the NRC staff
position constitutes backfitting if:
(1) The NRC required the SSCs to be within the scope of the license renewal when it
granted the renewed operating license; however, because of an omission or mistake of
fact, (a) the licensee did not include the SSCs in the LRA, and (b) the NRC, in its review,
did not require the licensee to address the SSCs to meet the license renewal
requirements in effect during the review of the application.
(2) Based on the renewal requirements in effect, the NRC did not require the licensee to
include the SSCs within the scope of license renewal when the NRC granted the
renewed operating license; however, since issuance of the renewed operating license,
new information would have caused the SSCs to be included within the scope of license
renewal had the NRC known about the new information before it issued the renewed
license.
If one of these two conditions applies, the NRC staff position constitutes backfitting under
10 CFR 50.109(a)(4). Accordingly, to satisfy the requirements of 10 CFR 50.109, the NRC staff
must prepare either a documented evaluation demonstrating that one or more of the exceptions
in 10 CFR 50.109(a)(4)(i)-(iii) apply or a backfit analysis concluding that there is a cost-justified
substantial increase in the protection of public health and safety or in common defense and
security.
Identification of Systems, Structures, and Components under 10 CFR 54.37(b)
The language of 10 CFR 54.37(b) does not limit how newly identified SSCs are to be found. A
licensee is required to identify those SSCs that would have been subject to an aging
management review or evaluation of TLAAs in accordance with 10 CFR 54.21, Contents of
Application-Technical Information, and describe in the FSAR update required by
10 CFR 50.71(e) how the effects of aging will be managed such that the intended function(s) in
10 CFR 54.4(b) will be effectively maintained during the period of extended operation. One way
to identify these SSCs is through the LR-ISG process. This process develops and
communicates lessons learned during LRA reviews. The agency developed this process in
coordination with stakeholders and recently issued a revision, License Renewal Interim Staff
Guidance Process, Revision 1 (ADAMS Accession No. ML083500028), which expands the
evaluation and documentation of newly identified SSCs.
The NRC staff may discover new SSCs and issue generic information about them to
stakeholders through, for example, an LR-ISG or generic communication. Renewed license
holders should determine whether NRC-communicated information on newly identified SSCs
RIS 2007-16, Rev. 1
Page 4 of 5
applies to their facilities and, if appropriate, act to ensure compliance with the requirements of
Final Safety Analysis Report Update Requirements
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 TLAAs in accordance with
10 CFR 54.21. The FSAR update must 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. In accordance with 10 CFR 50.71(e)(4), licensees must file FSAR updates
annually or 6 months after each refueling outage provided the interval between successive
updates does not exceed 24 months. The revisions must reflect all changes up to a maximum
of 6 months prior to the date of filing.
When issuing the amended License Renewal Rule, the Commission stressed the importance of
describing the aging management reviews or TLAAs for newly identified SSCs in the FSAR
(60 FR 22483-22484). It was noted in the FR notice that, because such a level of detail
appeared to be at odds with the requirement in 10 CFR 54.21(d), the FSAR supplement need
contain only a summary description of the aging management programs or TLAAs. However,
the Commission explained that for those SSCs 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 describing 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.
BACKFIT DISCUSSION
This revised RIS provides regulatory clarification and does not represent a new or different NRC
staff position on the implementation of 10 CFR 54.37(b). It does not create or impose any new
or different applicable NRC staff positions inconsistent with the License Renewal Rule, as
amended. It requires no action or written response beyond what is required in 10 CFR 54.37(b).
Any action addressees take to implement changes to their reporting procedures in accordance
with the clarifications in this revised RIS is strictly voluntary; ensures compliance with current
regulations; and, therefore, is not a backfit under 10 CFR 50.109. This revised RIS clarifies the
requirements of the License Renewal Rule. Consequently, the NRC staff did not perform a
backfit analysis.
FEDERAL REGISTER NOTIFICATION
To be done after the public comment period. The revised RIS is informational and pertains to
an NRC staff position that does not depart from current regulatory requirements and practices.
RIS 2007-16, Rev. 1
Page 5 of 5
CONGRESSIONAL REVIEW ACT
This RIS is not a rule as designated in the Congressional Review Act (5 U.S.C. §§ 801-808)
and, therefore, is not subject to the Act.
PAPERWORK REDUCTION ACT STATEMENT
This RIS does not contain any information collections and, therefore, is not subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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.
CONTACT
Please direct any questions about this matter to the technical contact listed below, or the
appropriate Office of Nuclear Reactor Regulation (NRR) project manager.
Timothy J. McGinty, Director
Division of Policy and Rulemaking
Office of Nuclear Reactor Regulation
Technical Contact: Matthew Homiack, NRR
301-415-1683
e-mail: Matthew.Homiack@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.
OFFICE PM:RPOB:DLR TechEditor* BC:RPOB:DLR D:DLR
NAME MHomiack KAzariah-Kribbs TTate BHolian
DATE 318/2009 12/18/2008 3/18/2009 3/18/2009
OFFICE OGC (NLO) OGC (CRA) OIS
NAME GMizuno SCrockett GTrussell
DATE 3/11/2009 3/13/2009 2/26/2009
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