ML19255A660
| ML19255A660 | |
| Person / Time | |
|---|---|
| Issue date: | 02/18/1982 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML19255A661 | List: |
| References | |
| REF-10CFR9.7, TASK-RIA, TASK-SE SECY-82-074, SECY-82-74, NUDOCS 8203150204 | |
| Download: ML19255A660 (29) | |
Text
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RULEMAKING ISSUE y (Affirmation)
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For:
The Commissioners "k
WilliamJ.Dircks,ExecutiveDirectorforOpka From:
Subject:
PROPOSED RULEMAKING, " CODES AND STANDARDS", 10 CFR 50.55a
Purpose:
To obtain Commission approval of a notice of proposed rulemaking to broaden the Codes and Standards rule by incorporating by reference two additional subsections of the national code for construction of nuclear power plant components and to simplify the rule by deleting obsolete provisions and improving administrative provisions.
Discussion:
At present, 6 50.55a incorporates by reference Section III of the ASME Boiler and Pressure Vessel Code, " Rules for Construction of Nuclear Power Plant Components," only as it applies to construction of components of the reactor coolant pressure boundary.
- However, this code has broader applications and contains subsections that apply to other systems of nuclear plants.
Although not incorporated by reference in the regulations, such subsections are referenced in a regulatory guide and the Standard Review Plan and are required in specific licensing actions by the staff for the construction of safety-related systems.
The proposed amendment would codify the existing practice by amend-ing 9 50.55a to incorporate by reference two additional parts of the ASME nuclear code that apply to Code Classes 2 and 3 components and would identify those systems that are to be so classified.
Such action would clarify the Commission's intent on the issue and would minimize licensing delays that might result from confusion as to the proper requirements to be applied to systems important to safety.
Included in the systems classified as Code Class 2 would be the Auxiliary Feedwater System for PWRs and the Safety / Relief Valve Discharge System for BWRs.
Classified as Code Class 3 for earlier vintage plants, such systems are now upgraded to Code Class 2 in licensing reviews because the systems are assigned new importance in the mitigation of transients and accidents.
Contact:
A. Taboada, RES 443-5003 e203150204 e2021e CF SUBJ
The Commissioners 2
The proposal also would delete obsolete incorporations by reference to certain general codes described in the Notice of Proposed Rule-making (Enclosure 1).
These codes were applied to the construction of piping, pumps and valves in early nuclear plants having construc-tion permits issued prior to July 1, 1974.
Later nuclear plants, with r.onstruction permits subsequent to July 1, 1974 applied Sec-tion III of the ASME nuclear code which superseded the more general codes at that time.
The deletions would not impact on earlier plants.
The proposed rule indicates that these deletions do not rescind any prior authorization of the use of the general codes for the construction of early plants.
The proposed amendment also addresses two procedural issues.
One issue deals with the need for NRC authorization for a proposed alter-native to the requirements in S 50.55a.
The amendment would permit the Director of Nuclear Reactor Regulation to authorize such alter-natives on demonstration by the applicant that:
(a) compliance with the specific requirement would result in a hardship or unusual difficulty without a compensating increase in the level of quality and safety and (b) the proposed alternative would provide an equiv-alent level of quality and safety.
The other procedural issue deals with the removal of an exemption in the regulation now considered unnecessary.
The exemption provides that when constructing nuclear reactor components to the ASME Code, the Code N-symbol, required by the ASME Code, need not be applied.
The exemption was initiated in 1971 to permit qualified foreign manufacturers to supply components to domestic nuclear plants.
At that time, the ASME had no provisions for issuing the Code N-sym' ol u
to firms outside of the United States and Canada.
To avoid an unwarranted restraint on foreign suppliers, this administrative enforcement provision of the code was waived when che code was incorporated by reference in the regulation.
Since then, the ASME has instituted provisions for participation of foreign countries that include the issuance of Code N-symbols.
Thus, the exemption in 9 50.55a has become unnecessary.
On January 30, 1981, a public meeting was held to discuss possible changes to 9 50.55a including those in this proposed amendment.
The meeting was intended to provide an opportunity for the staff and other interested parties to discust comments and suggestions for improving the regulation and was part of our effort to obtain feed-back on the use and need of this regulation.
In addition to other comments, tne proposal to expand references to Section III of the ASME nuclear code to include subsections for Class 2 and 3 compo-nents was endorsed by several commenters as was the proposal to drop the provision that the ASME N-symbol need not be applied to nuclear components.
No adverse comments on these subjects were received or made in the discussions at the meeting.
The Commissioners 3
Recommendations:
That the Commission:
1.
Approve publication of the Notice of Proposed Rulemaking (Enclosure 1) to o end 10 CFR Part 50.
2.
Approve the staff's conclusions set forth in Enclosure 3, which provide the analysis called for by the Periodic and Systematic Review of the Regulations.
The criteria used were derived from Executive Order 12044 which was rescinded on February 17, 1981 by Executive Order 12291 (see memorandum from L. Bickwit, General Counsel, to the Commission, February 27, 1981).
This approach is proposed as an interim procedure until the staff can make recommendations and the Commission decides what to do in response to Executive Order 12291.
Certify that, based upon the information available to the Commission at this time, this rule does not have a signifi-cant economic impact upon a substantial number of small entities.
This certification is necessary to satisfy require-ments of the Regulatory Flexibility Act (5 U.S.C. 605(b)).
4.
Note:
(a) That the proposed amendments to the regulation would be published in the Federal Register for 60-day public comment.
(b) That the Executive Director for Operations will publish the amendments in final form, if no significant adverse comments or questions have been received on the notice of proposed rulemaking and no substantial changes in text are indicated.
(c) The application, reporting and recordkeeping requirements contained in this proposed regulation have been approved by the Office of Management and Budget; OMB approval No. 3150-0011.
(d) No environmental impact statement, negative declaration, or environmental impact appraisal need be prepared in connection with the amendments because the action taken by the amendments will not significantly affect the qual-ity of the human environment.
(e) The Office of Public t' fairs concurs that a public announcement is not needed.
The Commissioners 4
(f) The Subcommittee on Energy and the Environment of the House Committee on Interior and Insular Affairs; the Subcommittee on Energy and Power of the House Committee on Interstate and Foreign Commerce; the Subcommittee on Environment, Energy and Natural Resources of the House Committee on Government Operations; and the Subcommittee on Nuclear Regulation of the Senate Committee on Environ-ment and Public Works will be informed.
(g) The Federal Register notice of proposed rulemaking will be distributed to power reactor licensees / permit holders, applicants for a construction permit for a power reactor, public interest groups, and nuclear steam system suppliers.
(h) The Chief Counsel for Advocacy of the Small Business Administration will be informed of the certification regarding economic impact on small entities together with the reason for it as required by the Regulatory Flexibility Act (5 U.S.C. 605(b)).
William J. Dircks Executive Director for Operations
Enclosures:
1.
Notice of Proposed Rulemaking 2.
Value/ Impact Statement 3.
Analysis for Periodic and Systematic Review of Regulations Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b.
March S. 1982 Commission Staff Office comments, if any, should be submitted to the Commissioners NLT 2/26/82
, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
This paper is tentatively scheduled for affirmation at an Open Meeting during the Week of 3/8/82 Please refer to the appropriate Weekly Commission Schedule, when published, for a specific date and time.
DISTRIBUTION:
Conunissioners Conunission Staff Offices EDO ELD ACRS ASLBP ASLAP
ENCLOSURE 1
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NUCLEAR REGULATORY COMMISSION 10 CFR PART 50 Codes and Standards for Nuclear Power Plants AGENCY:
Nuclear Regulatory Commission.
ACTION:
Proposed Rule.
SUMMARY
The Commission is cor sidering amending its regulations which incorporate by reference national codes and standards for the construc-tior of nuclear power plant components.
The amendments would increase references to the ASME Boiler and Pressure Vessel Code to include subsec-tions that provide rules for the construction of certain safety systems and clarify existing regulations by removing obsolete provisions no longer applicable.
This action is being proposed to establish enforceable requirements to replace previous guidance.
The consequences of the amend-ments would be to ensure appropriate use of the referenced code and to correct confusion as to what the NRC requires in an application for license.
DATES:
Comment period expires (60 days after publication).
Comments received after will be considered if it is prac-tical to do so, but assurance of consideration cannot be given except as to comments received on or before that date.
ADDRESSES:
All interested persons who wish to submit written comments or suggestions in connection with the proposed amendments should send them to the Secretary of the Commission, U.S. Nuclear Regulatory Commis-sion, Washington, D.C. 20555, Attention:
Docketing and Service Branch.
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Copies of comments received may be examined in the Commission's Public Document Room at 1717 H Street NW., Washington D.C.
FOR FURTHER INFORMATION CONTACT:
Mr. A. Taboada, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, Telephone 301-443-5903.
SUPPLEMENTARY INFORMATION:
Background
Commission policy, found in General Design Criterion 1, " Quality Standards and Records," (10 CFR Part 50, Appendix A) and S 50.55a, pre-scribes that structures, systems, and components important to safety be designed, fabricated, erected, and tested to quality standards commen-surate with the importance of the safety function to be performed.
In this regard, on June 12, 1971 (36 FR 11423), the Commission incorporated by reference in S 50.55a several codes published by the American Society of Mechanical Engineers (ASME) to be applied to the construction of com-ponents of the reactor coolant pressure boundary of water-cooled nuclear power reactors.
Section III of the ASME Boiler and Pressure Vessel Code, applicable at that time only to nuclear vessels, was incorporated by reference to establish standards for vessels.
Other ASME codes (described below) of more general application were incorporated by refer-ence to establish standards for piping, pumps, and valves.
Subsequently, the ASME Boiler and Pressure Vessel Code Committee expanded Section III of the Code to apply to other nuclear power plant components (including piping, pumps, and valves) in addition to nuclear vessels.
The expansion included many of the appropriate provisions from the more general codes incorporated by reference in S 50.55a on June 12, 1971.
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On February 12, 1976 (41 FR 6256), the Commission amended S 50.55a to make the expanded Section III the effective code for piping, pu.nps, and valves of the reactor coolant pressure boundary for water-cooled nuclear plants for which construction permits were issued on or after July 1, 1974.
The amendment limited use of the more general codes to plants for which construction permits were issued before July 1, 1974.
Section III of the Code, which applies to systems important to safety in addition to those of the reactor coolant pressure boundary, is regularly updated and expanded by ASME in new editions and addenda to include new developments and to reflect experience with the use of the Code.
Those parts of the new editions and addenda that pertain to the reactor coolant pressure boundary are reviewed by the Commission staff and, if acceptable, are incorporated by reference in S 50.55a.
Although not included in the regulations, the remaining parts of Section III that pertain to other systems important to safety also are reviewed by the Commission staff and, if acceptable, are used in the evaluation of specific license applications.
Several parts of Section III that apply to Class 2 and 3 components have been used as guidance in the evaluation of systems important to safety in this manner for approximately 10 years and are referenced in Regulatory Guide 1.26, " Quality Group Classifications and Standards for Water, Steam, and Radioactive-Waste-Containing Components of Nuclear Power Plants."
Substance of the Proposed Rule Now that experience has shown additional parts of Section III of the ASME Boiler and Pressure Vessel Code to be adequate for use on a general basis, the Commission proposes to incorporate by reference these 3
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additional parts into S 50.55a.
These incorporations by reference would include the requirements for Class 2 Components, which are found in Sub-sections NC and NCA of the Code, and the requirements for Class 3 Compo-nents, which are found in Subsections ND and NCA of the Code.
The systems and components to be constructed to Class 2 and Class 3 requirements are identified in paragraphs (d)(1) and (e)(1) of 9 50.55a, respectively, of the proposed rule.
These descriptions for Class 2 and Class 3 components are similar to those for Quality Group B and Quality Group C found in Regulatory Guide 1.26, " Quality Group Classifications and Standards for Water, Steam, and Radioactive-Waste-Containing Compo-nents of Nuclear Power Plants," and in Section 3.2.1 of NUREG-75/087,
" Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants."
Two systems have been classified in a manner that differs from their classification in Regulatory Guide 1.26.
These are auxiliary feed-water systems of pressurized water reactors and safety / relief valve discharge systems for boiling water reactors.
These changes from the NRC position in Regulatory Guide 1.26 reflect new safety functions for these systems and new importance of these systems in the mitigation of transients and accidents.
To simplify S 50.55a, the Commission also proposes to delete obsolete incorporations by reference of the general codes which are superseded by Section III of the ASME Code.
However, any previous acceptance of general codes by the Commission for nuclear plants for which construction permits were issued prior to these deletions will continue to be in effect, and deletion of these Codes from 9 50.55a should not be construed otherwise.
The Codes proposed to be deleted include:
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(a)
For piping of the Reactor Coolant Pressure Boundary American Standard Code for Pressure Piping, ASA B31.1 USA Standard Code for Pressure Piping, USAS B31.1.0 USA Standard for Nuclear Power Piping, USAS B31.7 ASA B31.1 Code Cases N7, N9 and N10 (b) For pumps of the Reactor Coolant Pressure Boundary Draft ASME Code for Pumps and Valves for Nuclear Power ASA B31.1 Code Cases N7, N9, and N10 (c)
For valves of the Reactor Coolant Pressure Boundary American Standard Code for Pressure Piping ASA B31.1 USA Standard Code for Pressure Piping USAS B31.1.0 Draft ASME Code for Pumps and Valves for Nuclear Power ASA B31.1 Code Cases N2, N7, N9, and N10 The Commission also proposes two procedural changes in the amendment to S 50.55a.
One change deals with the need for NRC authorization for a proposed alternative to requirements in the regulation.
The proposed amendment would modify the existing regulation by providing that the Director of Nuclear Reactor Regulation may authorize alternatives to the requirements in S 50.55a after demonstration by the applicant that (a) the proposed alternative would provide an equivalent level of quality and safety and (b) compliance with specific requirements would result in a hardship or unusual difficulty without a compensating increase in the level of quality or safety.
The other procedural change would delete the obsolete provision of paragraph (a) that exempts nuclear components constructed to ASME Code rules from the Code requirement that the Code N-symbol be applied to 5
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these components.
This exemption was initiated when there was no provi-sion for foreign suppliers to comply with the administrative enforcement aspects of the Code.
For that reason, foreign suppliers, fully qualified in other respects, could not be issued a Code N-symbol to apply to com-ponents and, hence, would be excluded from supplying components for domestic nuclear plants.
This situation has been changed and foreign suppliers may now participate in ASME and be issued Code N-symbols.
PAPERWORK REDUCTION ACT STATEMENT The application, reporting and recordkeeping requirements contained in this proposed regulation have been approved by the Office of Manage-ment and Budget; OMB approval No. 3151-0011.
REGULATORY FLEXIBILITY STATEMENT The proposed rule would require nuclear power plant licensees (which are not considered small entities) to obtain selected components important to safety, for nuclear power plants, that meet the requirements of the ASME Boiler and Pressure Vessel Code.
This code requires that manufacturers of such components be audited and issued a Code symbol N stamp to be applied to each component manufactured to the ASME Code.
As stated earlier in this notice, use of the ASME Code is currently called for in existing Regulatory Guide 1.26, but is not legally binding on NRC licensees.
Currently, approximately 700 manufacturing companies are certified as N stamp holders by ASME.
An estimated additional 30 companies per 6
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year will apply for ASME approval.
These applicant companies will incur estimated costs of $15,000 when applying for ASME approval.
ASME approval is valid for three years, so the estimated $15,000 amortized over three years represents an annual cost of approximately $5,000 to the applicant companies.
The NRC assumes that a manufacturing company which is engaged in the production of these components will realize annual earnings in excess of $100,000.
Even if a manufacturing company employs less than 500 persons, it may be ronsidered a small manufacturing business as defined in the Small Business Size Standards issued by the SBA at 13 CFR Part 121 or a small entity as set forth at Section 601(3) of the Regulatory Flexibility Act.
The estimated amortized annual cost of $5,000 for ASME approval of their manufacturing operation would not appear to represent a significant economic impact upon the small entities which might be affected by the rule.
Thus, in accordance with the Regulatory Flexibility Act. "., U.S.C.
605(b), the NRC hereby certifies that this rule, if promulgated, will not have a significant economic impact upon a substantial number of small entities.
A public meeting on this rule was announced in the Federal Register on December 29, 1980 (45 FR 85464) and was held on January 30, 1981.
Although no adverse comments were received in this public meeting, the NRC would appreciate comments on the economic impact of this rule on particular small businesses.
These small businesses would include (1) any small business which has ASME N stamp approval, (2) any small business which has pending an application for ASME N stamp approval, or (3) any small business which is considering applying for ASME N stamp 7
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approval in order to conduct business with nuclear power plant licensees.
Specifically, these comments shauld discuss:
(a) the validity of the assumption that a company which manufac-tures these components would have annual earnings in excess of $100,000, (b) whether the terms of this rule would create an economic dis-advantage for a small business which has applied or is considering apply-ing for ASME N stamp approval, (c) how the proposed regulations could be modified to take into account the differing need: or capabilities of small businesses, (d) the benefits that would accrue, or the detriments that would be avoided, if the proposed regulations were modified as suggested by the commenter, and (e) how the proposed regulations, as modified, would more closely equalize the impact of NRC regulations or create more equal access for businesses to participate in this industry as opposed to providing special advantages to any individual company or groups of companies.
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and section 553 of Title 5 of the United States Code, notice is hereby given that adoption of the following amendments to 10 CFR Part 50 is contemplated.
10 CFR PART 50 1.
The authority citation for this part reads as follows:
AUTHORITY:
Secs. 103, 104, 161, 182, 183, 189, 68 Stat. 936, 937, 948, 953, 954, 955, 956, as amended (42 U.S.C. 2133, 2134, 2201, 2232, 2233, 2239); secs. 201, 202, 206, 88 Stat. 1243, 1244, 1246 (42 U.S.C. 5841, 5842, 5846), unless otherwise noted.
Section 50.78 also issued under 8
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sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Sections 50.80-50.81 also issued under sec. 184, 68 Stat. 954, as amended; (42 U.S.C. 2234).
Sec-tions 50.100-50.102 issued under sec. 186, 68 Stat. 955; (42 U.S.C. 2236).
For the purposes of sec. 223, 68 Stat. 958, as amended; (42 U.S.C. 2273),
5 50.54(i) issued under sec. 1511, 68 Stat. 949; (42 U.S.C. 2201(i)),
SS 50.70, 50.71 and 50.78 issued under sec. 1610, 68 Stat. 950, as amended; (42 U.S.C. 2201(o)) and the Laws referred to in Appendices.
2.
In 9 50.55a, paragraph (a)(2) is revised, a new paragraph (a)(3) is added; paragraphs (c), (d), and (e) are revised to read as follows; and paragraphs (f) and (j) are deleted and the space is reserved:
9 50.55a Codes and Standards.
n n
n n
n (a)(2) Systems and components of light water nuclear power reac-tors must meet the requirements of Section III of the ASME Boiler and Pressure Vessel Code specified in paragraphs (b), (c), (d), (e), and (g)
^
of this section as a minimum, except as provided in paragraph (a)(3) of this section.
Protection systems of nuclear power reactors of all types must meet the requirements specified in paragraph (h) of this section.
(a)(3) Proposed alternatives to the requirements of paragraphs (b),
(c), (d), (e), (g) and (h) of this section or portions thereof may be used when authorized by the Director of the Office of Nuclear Reactor Regulation.
The applicant must demonstrate that (i) the proposed alter-natives would provide an equivalent level of quality and safety, and (ii) compliance with the specified requirements would result in hardship or unusual difficulties without a compensating increase in the level of quality and safety.
n a
n a
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(c)
Reactor coolant pressure boundary.
(1) Components which are part of the reactor coolant pressure boundary shall meet the requirements for Class 1 components in Section III3'4'5 of the ASME Boiler and Pressure Vessel Code, except as provided in paragraphs (c)(2),(c)(3) and (c)(4) of this section.
(2) Components which are connected to the reactor coolant system and are part of the reactor coolant pressure boundary as defined in 5 50.2(v) of this part need not meet the requirements of paragraph (c)(1) of this section, provided:
(i)
In the event of postulated failure of the component during normal reactor operation, the reactor can be shut down and cooled down in an orderly manner, assuming makeup is provided by the reactor coolant makeup system which is operable from on-site emergency power, or (ii) The component is or can be isolated from the reactor coolant system by two valves (both closed, both open, or one closed and the other open).
Each open valve must be capable of automatic actuation and, assuming the other valve is open, its closure time must be such that, in the event of postulated failure of the component during normal reactor operation, each valve remains operable and the reactor can be shut down and cooled down in an orderly manner, assuming makeup is provided by the reactor coolant makeup system only.
(3) The Code Edition, Addenda, and optional Code Cases 6 to be applied to components of the reactor coolant pressure boundary must be determined by the provisions of paragraph NCA-1140, Subsection NCA of Section III of the ASME Boiler and Pressure Vessel Code, but (i) the edition and addenda applied to a component must be those which are incorporated by reference in paragraph (b)(1) of this section, (ii) the 10
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ASME Code provisions applied to the pressure vessel may be dated no earlier than the Summer 1972 Addenda of the 1971 edition, (iii) the ASME Code provisions applied to piping, pumps and valves may be dated no earlier than the Winter 1972 Addenda of the 1971 edition, and (iv) ASME Code Cases 8 must have been determined suitable for use by the NRC.
(4) Any acceptance of Codes, Standards, and Code Cases by the Commission for application to components of the reactor coolant pressure boundary of nuclear plants with construction permits issued prior to
- will continue to be in effect for those plants.
(d) Class 2 components.
(1)
For a nuclear power plant whose application for a construc-tion permit is docketed after
- the requirements for Class 2 Components in Section III of the ASME Boiler and Pressure Vessel Code must be applied to systems and components that are either part of the reactor coolant pressure boundary as defined in 9 50.2(v) of this part, but excluded from the requirements of paragraph (c) of this sec-tion by paragraph (c)(2) of this section, or are not part of the reactor coolant pressure boundary but are part of any one of the following systems:
(i) Systems or portions of systems 9 important to safety that are designed for emergency ccre cooling, postaccident containment heat re-moval, or postaccident fission product removal.
(ii) Systems or portions of systems 9 important to safety that are designed for reactor shutdown or residual heat removal.
^The effective date of the amendment will be inserted.
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(iii) Those portions of the steam systems of boiling water reactors extending from the outermost containment isolation valve up to, but not including the turbine stop and bypass valves and connected piping up to and including the first valve that is either normally closed or capable of automatic closure during all modes of normal reactor operation.
Alter-natively, for boiling water reactors containing a shutoff valve (in addi-tion to the two containment isolation valves) in the main steam line and in the main feedwater line, these requirements must be applied to those portions of the steam and feedwater systems extending from the outermost containment isolation valves up to and including the shutoff valve or the first valve that is either normally closed or capable of automatic closure during all modes of normal reactor operation.
(iv) Those portions of the steam and feedwater systems of pressurized water reactors extending from and including the secondary side of steam generators up to and including the outermost containment isolation valves and connected piping up to and including the first valve (including a safety or relief valve) that is either normally closed or capable of auto-matic closure during all modes of normal reactor operation.
(v)
Systems or portions of systems 9 that are connected to the reactor coolant pressure boundary and are not capable of being isolated from the boundary during all modes of normal reactor operation by two valves, each of which is either normally closed or capable of automatic closure.
(vi) Auxiliary feedwater systems for pressurized water reactors.
(vii)
Safety / relief valve discharge systems for boiling water reactors.
(viii)
Letdown loops of chemical and volume control systems.
(2) The requirements of paragraph (d)(1) of this section need not apply to vent, drain, fill, and test lines that are part of the 12
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reactor coolant pressure boundary, defined in S 50.2(v) of this part, but that are isolated from the reactor coolant system by closed isola-tion valves.
(3) The Code Edition, Addenda, and optional Code Cases 6 to be applied to the systems and components identified in paragraph (d)(1) of this section must be determined by the rules of paragraph NCA-1140, Sub-section NCA of Section III of the ASME Boiler Vessel and Pressure Code, but (i) the edition and addenda must be those which are incorporated by reference in paragraph (b)(1) of this section, (ii) the ASME Code pro-visions applied to the systems and components may be dated no earlier than the 1980 Edition, and (iii) the ASME Code Cases 6 must have been determined suitable for use by the NRC.
(e) Class 3 components:
(1)
For a nuclear power plant whose application for a construc-tion permit is docketed after
- the requirements for Class 3 components in Section III of the ASME Boiler and Pressure Vessel Code must be applied to systems and components not part of the reactor coolant pressure boundary or not subject to Class 2 component require-ments as defined in paragraph (d)(1) of this section but that are part of any one of the following systems:
(i) Cooling water systems or portions of these systems important 9
to safety that are designed for emergency core cooling, postaccident con-tainment heat removal, postaccident containment atmosphere cleanup, or residual heat removal from the reactor and from the spent fuel storage "The effective date of the amendment will be inserted.
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pool (including primary and secondary cooling systems).
Those portions of these systems that are required for their safety functions which do not operate during any mode of normal reactor operation and cannot be tested adequately must be classified as Class 2 components.
(ii) Cooling water and seal water systems or portions of these 9
systems important to safety that are designed for functioning of compo-nents and systems important to safety, such as reacter coolant pumps, diesels, and control room.
(iii) Systems or portions of systems 9 that are connected to the reactor coolant pressure boundary and are capable of being isolated from that boundary during all modes of normal reactor operation by two valves, each of which is either normally closed or capable of automatic closure.
Components in influent lines must be classified as Class 3 components unless they are capable of being isolated from the reactor coolant pressure boundary by an additional valve which has high leaktight integrity.
(iv) Systems, other than radioactive waste management systems, not covereu en paragraphs (e)(1)(i), (ii) or (iii) of this section that con-tain or may contain radioactive material and whose postulated failure would result in conservatively calculated potential offsite doses 10 that exceed 0.5 rem to the whole body or its equivalent to any part of the body.
For those systems located in Seismic Category I structures, only single component failures need be assumed.
(However, no credit for auto-matic isolation from other components in the system or for treatment of released material may be taken unless the isolation or treatment cap-ability is designed to the appropriate seirmic standards and codes and 14
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can withstand loss of offsite power and a single failure of an active component.)
(v) Vessels, heat exchanges, storage tanks, piping, pumps and valves that are part of systems for emergency diesel engines, and are designated for fuel oil storage and transfer, cooling water, starting, air intake and exhaust, or lubrication.
(vi) Ventilation systems that perform a safety function, such as for the control room areas, spent fuel pool areas, and engineered safety feature ventilation areas.
(2) The Code Edition, Addenda, and optional Code Cases 6 to be applied to the systems and components identified in paragraph (e)(1) of this section must be determined by the rules of paragraph NCA-1140, sub-section NCA of Section III of the ASME Boiler and Pressure Vessel Code, but (i) the edition and addenda must be those which are incorporated by reference in paragraph (b)(1) of this section, (ii) the ASME Code pro-visions applied to the systems and components may be dated no earlier than the 1980 Edition, and (iii) the ASME Code Cases 6 must have been determined suitable for use by the Commission staff.
3.
In S 50.55a, footnotes 2 and 3 are deleted and reserved, foot-note 6 is revised and footnotes 9 and 10 are added to read as follows:
Footnote 6 6ASME Code cases which have been determined suitable for use by the Commission staff are listed in NRC Regulatory Guide 1.84, " Code Case Acceptability--ASME Section III Design and Fabrication" and NRC Regulatory Guide 1.85, " Code Case Acceptability--ASME Section III Materials." The use of other Code cases may be authorized by the Director of the Office of Nuclear Reactor Regulation upon request pursuant to S 50.55a(a)(3).
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Footnote 9 9The system boundary includes those portions of the system required to accomplish the specified safety functions and connected piping to lesser quality systems up to and including the first valve (including a safety or relief valve) that is either normally closed or capable of automatic closure when the safety function is required.
Footnote 10 10 Potential offsite doses may be calculated by using meteorology as recommended by Regulatory Guide 1.3, " Assumptions Used for Evaluating the Potential Radiological Consequences of a Loss of Coolant Accident for Boiling Water Reactors," and Regulatory Guide 1.4, " Assumptions Used for Evaluating the Potential Radiological Consequences of a Loss of Coolant Accident for Pressurized Water Reactors."
Dated at this day of 1981.
For the Nuclear Regulatory Commission.
Samuel J. Chilk Secretary of the Commis.sion 16
4 ENCLOSURE 2
VALUE/ IMPACT _SIATEMENT 1.
THE PROPOSED ACTION 1.1 Description In its present form, S 50.53a incorporates by reference a part of Section III of the ASME Boile.r and Pressure Vessel Code and applies it to the reactor coolant pressure boundary.
The proposed action would nend the regulation to incorporate by reference additional parts of this section of the Code, the parts with re'quirements for Class 2 and 3 Components, and would apply them to specified safety-related systems.
To simplify the rule, the proposed action also would remc.te obsclete provisions in 9 50.55a.
Incorporations by reference of general codes which apply to facilities with construction permits prior to July 1, 1974, but are not applicable to the facilities of more recent vintsge, would bn deleted.
Also deletid would be the no longer.neceg ary statement in S 50.55a that the N Code-Symbol need'not be applied when constructing components to the A3ME Code.
Finally, a procedural statement in g 50.55a involving proposed altar-native actions would be modifiar'.
New language would esttblish thei requirements for the use of proposed alternatives a a,c' ode or partfof.4 code incorporated'by refertn=e.
The change would make clear that the use of such alternatives must be approved by Director of Nuclear Reactor Regulation.
1.2 Need for Proposed. Action The General Dasign Criteria (Appendix A) and Section 50.55a, Codes and Standards, of the Corrmission Regulations require ttg. structurgsp systems and components of LWR's be designed, fabricaud, erected, rsn ;,
\\
structed, tested and inspected to quality standards cat /gnsurate wita the inpcetance of tne safety functions performed.
ShtioA 50.55a estab-lishes Sectiva III of the ASME Code as the quality sta,}6sd for construc-tionofthecomponentswhichmakeupthereactorcooy\\ot p nssure boundary, 4,
1 Enclose.M 2 3
1 e e
k but cnly limited guidance exists for requirements for components of other saf ety-related systems.
Regulatory Guide 1.26 classifies such systems and identifies various subsections of Section III of the ASMr Code as acceptable requirements to the NRC.
With a few exceptions, the use of the requircaents for Class 2 and 3 in Section III of the Code for systems important to safety has been accepted practice in the nuclear industry.
In fact, many States incorporated by reference Section III, includ;ng Class 2 and 3 requirements, into their regulations.
These parts of the Code are reviewed by the staff and are applied to the licensing of specific nuclear plants on an ad hoc basis.
Requiring such practices in the regulations is needed to standardize for all plants requirements for systems related to safety and to avoid possible unsafe or unproven practices.
The use of S 50.55a since it became effective on June 12, 1971, has shown that a number of requirements need modification and clarification.
Obsolete provisions necd to be removed to unclutter the rule and te permit the application of present code administrative practices.
Tb provision dealing with proposed alternatives needs to be clarified.
- .3 Value/ Impact of Proposed Action 1.3.1 NRC Operations Incorporating by reference the Class 2 and 3 requirements of Sec-tion III ASME Code into the regulations for the construction of specific systems important to safety, because of the improved guidance, should minimize confusion and make licensing submittals more uniform.
These improvements are expected to reduce staff time and effort required for licensing reviews.
On the other hand, the additional references in the regulation will require additional staff effort for more expeditious reviews of new editions, issued triannually, addenda, issued semiannually, and the incorporations by reference of these editions and addenda into the regulation.
This enort tends te be redundant, since such reviews are performed routinely as part of the NRC code participation.
Rulemak-ing action would be combined with similar action for the reactor coolant pressure boundary.
2
Simplifying the rule by eliminating obsolete provisions including the N Code-symbol statement and clarifying the requirements for proposed alternatives should also improve the licensing review process due to the improved guidance.
1.3.2 Other Government Agencies Other government agencies are not affected by this regulation except for TVA which is an NRC licensee and may be considered as industry for this snalysis.
1.3.3 Industry Amending the regulation as described above should reduce uncertainty being experienced by the industry with respect to the NRC position on applicability of the referenced codes.
This proposed action should reduce the time and effort for licensing a nuclear plant by minimizing the NRC questions and licensee's rework of Safety Analysis Report.
2.
TECHNICAL APPROACH References to Section III Of the ASME Boiler and Pressure Vessel Code will be increased to cover the Code requiremerits for Class 2 and ?
components.
Identification of components and systems included in each class will be established.
Obsolete provisions and obsolete references will be dropped from the regulation.
3.
FROCEDURAL APPROACH Since a regulation on the subject already exists, an amendment to the regulation is the only logical procedural alternative.
4.
STATUTORY CONSIDERATIONS There is no need for an Environmental Impact Statement for the pro-posed amendment since no signiTicant environmental impact should result from its implementation.
3
5.
RELATIONSHIP TO OTHER EXISTING OR PROPOSED REGULATIONS OR POLICIES 5.1 This proposed amendment does not impact any known regulation or policies of other government agencies.
5.2 No inconsistency exists between this proposed amendment and other existing NRC regulations or policies.
Regulatory Guide 1.26 should be revised or rescinded to make it con-sistent with the amendment.
5.3 The proposed amendment incorporates by reference Sections III of the ASME Code.
6.
CONCLUSION The effort to revise 10 CFR Part 50.55a should be approved to standardize NRC requirements, to make the NRC position clearer and to make application of the rule simpler.
4
f ENCLOSURE 3
ANALYSIS WITH RESPECT TO THE PERIODIC AND SYSTEMATIC REVIEW OF REGULATIONS (THI ACTION PLAN TASK IV.G.2)
SUBJECT:
Codes and Standards, 10 CFR 50.55a Criteria for Periodic and Systematic Review of Regulations NRC Compliance 1.
The proposed regulations are needed.
The proposed regulation implements NRC's statutory authority under the Energy Reorganization Act, as amended.
Sections 202(3) and (4) of the Energy Reorganization Act as amended provide the NRC with licensing and regulatory authority over the construction of nuclear power plants.
The proposed amendment would establish the ASME Boiler and Pressure Vessel Code,Section III, " Rules for Construction of Nuclear Power Plant Components," as the technical requirements for the construction of certain safety-related systems classified as Code Class 2 and 3, and would identify the nuclear reactor systems to be so classified.
2.
The direct and indirect effects of the regulations The direct and indirect effects of this rulemaking were have been adequately considered.
considered in the Value/ Impact Analysis prepared in connec-tion with the proposed role.
(See Enclosure 2).
3.
Alternative approaches have been considered and The approach of amending the regulation was selected the least burdensome of the acceptable because a regulation on the subject already existed which alternatives have been chosen.
applied the ASME Code to the reactor coolant pressure boundary.
This approach appeared to be the only logical pro.;edural alternative.
4.
Public comments have been considered and an On January 30, 1981, a public meeting was held to discuss adequate response has been prepared.
possible changes in S 50.55a including those in the proposed amendment.
The major technical changes in the proposed amendment were endorsed by several commenters.
No adverse comments were received on the subject.
s
SUBJECT:
Codes and Standards, 10 CFR 50.55a Criteria for Periodic and Systematic Review of Regulations NRC Compliance 5.
The regulation is written so that it is The proposed amendment has been reviewed and edited for understandable to those who must comply with it.
the specific purpose of ensuring that the regulation is clear and can be understood by persons who are required to comply with it.
6.
An estimate has been made of the new reporting The ASME Code contains recordkeeping requirements relating burdens or recordkeeping requirements necessary to the design, materials, fabrication, testing and inspec-for compliance with the regulation.
tion of nuclear power plant components.
These records are used by licensees, State (National Board) inspectors and the NRC in the review of various activities, many of which affect safety.
The records are historical in nature and provide data on which future activities can be based.
NRC Inspection and Enforcement personnel can spot check the records required by the ASME Code to determine, for example, if (1) the plant was constructed properly, (2) fabrication and inspection personnel were properly qualified, (3) the correct material was used in construction.
7.
The name, address, and telephone number of a The Federal Register notice promulgating the final rule knowledgeable agency official is included in the contains the name, address, and telephone number of a publication.
knowledgeable agency official.
8.
A plan for evaluating the regulation after its Licensee and staff experience with the regulation will be issuance has been developed.
used to evaluate the regulation.
In addition, this regula-tion will be reviewed in the second cycle of NRC's periodic and systematic review process (1986-1991).