ML16246A177
| ML16246A177 | |
| Person / Time | |
|---|---|
| Issue date: | 10/16/1992 |
| From: | Banks M Advisory Committee on Reactor Safeguards |
| To: | Selin I Advisory Committee on Reactor Safeguards |
| References | |
| D921016 | |
| Download: ML16246A177 (2) | |
Text
D921016 The Honorable Ivan Selin Chairman U. S. Nuclear Regulatory Commission Washington, D.C. 20555
Dear Chairman Selin:
SUBJECT:
SECY-92-287, "FORM AND CONTENT FOR A DESIGN CERTIFICATION RULE" During the 390th meeting of the Advisory Committee on Reactor Safeguards, October 8-10, 1992, we reviewed SECY-92-287, "Form and Content for a Design Certification Rule." Our Subcommittee on Improved Light Water Reactors also discussed this matter on September 23, 1992. During these meetings, we had the benefit of discussions with representatives of the NRC. We also had the benefit of the documents referenced.
The staff is proposing the form and content for a design certification rule, in accordance with 10 CFR Part 52-Subpart B, which implements the intent of Part 52.
The staff proposes that any rulemaking changes to Tier 2 information requested by the NRC staff or a third party are to be governed by the backfit standard of 10 CFR 50.109(9)(a)(3). We note that this is inconsistent with previous Commission guidance given in the Staff Requirements Memorandum (SRM) regarding SECY 377 that "... the staff should be held to the backfitting standards of 10 CFR 52.63 for all matters resolved in the design certification rulemaking (in both tiers 1 and 2)." We recommend that the staff adhere to the Commission guidance in this regard, and apply the "adequate protection" standard to such changes.
The proposed rule would require the consolidation of all the design-related information into a single stand-alone document called the Design Control Document (DCD). The DCD would contain the two-tiered design-related information that would be extracted by the applicant from its application for design certification.
Tier 1 includes the design information that is relied upon as the fundamental basis for the staff's safety review. It would include the design descriptions; inspections, tests, analyses, and acceptance criteria (ITAACs); site parameters; and interface requirements. Tier 2 is the remainder of the design-related information that is used in support of the certified standard design. The staff would review the DCD and provide its evaluation in a final safety evaluation report (FSER) for the design. The DCD would be referenced in the proposed standard design certification rule.
We recommend that you approve the staff's proposed form and content for a Part 52 Standard Design Certification Rule, subject to the following comments.
The staff does not propose to include its FSER as an integral part of the DCD. However, the FSER should be given clear standing for future interpretation of the rule, analogous to the manner in which a statement of consideration serves for other rules.
It is our opinion that, irrespective of the degree of care and effort applied to minimize the potential for ambiguities or inconsistencies, such problems will arise within the large volume of DCD material and with its evaluation in the FSER. Items not clarified in Tier 1 will have to be examined and settled on an ad hoc basis by consideration of intent at the Tier 2 level. Such an examination should include both the FSER and applicant documents.
On the question of secondary references, we propose that all documents and references that were considered important to the staff in making its final safety determination be identified in the FSER. These should be the only references to be designated as "resolved." Copies of those references that are not readily available should be included in the application for certification.
Sincerely, David A. Ward Chairman
References:
- 1. SECY-92-287, dated August 18, 1992, from James M. Taylor, Executive Director for Operations, NRC, for the Commissioners,
Subject:
Form and Content for a Design Certification Rule
- 2. Memorandum dated February 15, 1991, from Samuel J. Chilk, Secretary of the Commission, for James M. Taylor, Executive Director for Operations, NRC,
Subject:
Requirements for Design Certification Under 10 CFR Part 52
- 3. Staff Requirements Memorandum M920908, dated September 30, 1992, from Samuel J. Chilk, Secretary of the Commission, for James M. Taylor, Executive Director for Operations, NRC,
Subject:
Form and Content for a Design Certification Rule and Follow-up to SECY-90-016 (SECY-92-287)