ML19310C156
| ML19310C156 | |
| Person / Time | |
|---|---|
| Issue date: | 02/25/1987 |
| From: | Berkow H Office of Nuclear Reactor Regulation |
| To: | Lesar M NRC OFFICE OF ADMINISTRATION (ADM) |
| References | |
| NUDOCS 8703050325 | |
| Download: ML19310C156 (18) | |
Text
.
February 25,'1987 l
l I
n i
MEMORANDUM FOR:' Michael Lesar, Chief Rules and Procedures Branch Division of Rules.&. Records, ADM' s
FROM:
Herbert N. Berkow, Director Standardization and Special i
Projects Directorate' Division of PWR Licensing-B, NRR
~
SUBJECT:
SECY-86-359 - PROPOSED DEFERRED PLANT POLICY STATEMENT Enclosed is the proposed Deferred Plant Policy Statement, which has been revised in accordance with the Secretary's memorandum of February 11, 1987, on the above subject.' Comment #2 of the Secretary's memo has been addressed by revising Section III.B.I', Page 14. sixth line, by adding "If necessary, a brief artension of ihe CP may be ordered by the staff to accomodate these determi-I nations," and by eliminating the last sentence of this section. This change has been coordinated with the Office of the General Counsel, MNBB. The proposed policy statement can now be forwarded for signature and publication in f
the Federal Register.
{
t original signed b r
Herbert N. Berkow,y Director Standardization and Special Projects Directorate Division of PWR Licensing-8, NRP, i
Enclosure:
As stated DISTRIBUTION:
jCentrallUe/
FMiraglia PBSS Reading MSpangler TMi ;.sels h !
f OlynD g,
HBerkow fk/
- }'\\]
e 7
PBSSM1 PESS i
TMichaels:cw 0(3fnph H r ow i
02/d/87 02M/87 0 o f/87 NO30 Q 5 B70225 L-4 -1 PT50 PDR
e.
. oA* "*Wg gi fg UNITED STATES y
g NUCLEAR REGULATORY COMMISSION r,,
-l WASHINGTON, D. C. 20555 f
February 25, 1987 j
....+
PEMORANDUM FOR: Michael Lesar, Chief Rules and Procedures Branch Division of Rules & Records, ADM FROM:
Herbert N. Berkow, Director.
Standardization and Special Projects Directorate Division of PWR Licensing-B, NRR
SUBJECT:
SECY-86-359 - PROPOSED DEFERRED PLANT POLICY STATEMENT Enclosed is the proposed Deferred Plant Policy Statement, which has been revised in accordance with the Secretary's memorandum of February 11, 1987, on the above subject.
Comment #2 of the Secretary's memo has been addressed by revising Section III.B.1, Page 14. sixth line, by adding "If necessary, a brief t
extension of the CP may be ordered by the staff to accommodate these determi-
?
nations," and by eliminating the last sentence of this section. This change r
has been coordinated with the Office of the General Counsel, MNEB. The i
proposed policy statement can now be forwarded for signature and publication in the Federal Register.
Herbert N. Berkow, Director Standardization and Special Projects Directorate Division of PWR Licensing-B, NRR
Enclosure:
4 As stated h
r
[7590-03]-
i NUCLEAR REGULATORY COMMISSICF 30 CFR Part 50 Commission Policy Statement on Deferred Plants AGENCY:
Nuclear Regulatory Commission
+
ACTION:
Proposed Policy Statement.
t u
SUMMARY
This Statement presents the proposed policy of the Nuclear Regulatory Commission (NRC) with regard to deferred nuclear power plants and the procedures that apply while in a deferred status and when reactivating _
'l these plants. The areas addressed include the regulations and guidance applicable to deferred and terminated plants, mainterance, preservation and documentation requirements, the applicability of new regulatory requirements and other general administrative considerations.
l DATES:
Submit comments by Comments received after that date will be considered if it is practical to do so, but assurance of i
consideration cannot be given except as to comments received on or before i
this date.
ADDRESSES:
Submit comments, suggestions, or recommendations to the f
+
Secretary.cf the Commission, U.S. Nuclear Regulatory Commission, Washington, D. C.
20555, Attention: Docketing and Services Branch. Copies of comments received may be examined in the NRC Public Document Room, 1717 H Street, N.W., Washington, D. C.
c..
- e.
Copies of NUREG Documents may be purchased'through the U. S. Government Printing Office by calling (202) 275-2060 or by writing to the U.. S.
Government Printing Office, P. O. Box 37082, Washington, DC 20013-7062.
i Copies.may also be purchased from the National Technical Information ScPvice, U. S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161. A copy is available for inspection cnd/or copying for a fee ir the NRC Public Document Room,1717 H Street, NW. Washington, DC 20555.
FOR FURTHER INFORMATION CONTACT: Theodore S. Michaels, Office of Nuclear-Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, D. C.
20555 Telephone (301) 492-8251.
SUPPLEMENTARY INFORMATION I.
BACKGROUND In the last few years a number of nuclear power plants have been deferred or terminated. A deferred plant is one for which the licensee has ceased construction or reduced activity to a maintenance level, maintains the constructicn permit (CP) in effect and has not announced the termination of the plant. In most cases the licensee defers a plant with the expectation that its construction will be reactivated and it will be constructed and operated as a nuclear power plant.
For purposes of this Policy Statement, a terminated plant is one for which the licensee has announced that construction has been terminated permanently but which still has a valid CP. At the present time there are four nuclear
9
'id
/-
n
~
.l J:'
e
]!
-?-
power plants that are considered deferred. There are etoht plants that are considered terminated.
Thepresentregulations,g0idanceandprocedurespermitnuclearpower plant deferral and reactivation and, indeed, such actions have occurred (e.g., Limerick 2 was a deferred plant that was recently reactivated).
In the interest of providing predictability and stability to this process, to clarify its position on the applicability of new regulatory requirements, and to develop and implement a regulatory process that can deal effectively with the variety of regulatory issues when construction of deferred plants is reactivated, the Commission is issuing policy guic;nce in this area.
II. DISCUSSION 1
This proposed Policy Statement has been structured to address the significar.t regulatory aspects of nuclear power plant deferral, termination and reactivation of deferred fscilities.I l
Two items of primary interest in this Policy Statement are:
(1) i the quality assurance requirements for plants in a deferred status, j
and (2) the applicability of new regulatory requirements for deferred plants which are subsequently reactivated.
i 1.
A NUREG report, which contains relevant information regarding deferred and terminated plants entitled " Reactivation of Nuclear Power Plant Construction Pro,iects:
Plant Status, Policy Issues, and Regulatory Options," NUREG-1205, (July 1986) has been published separately.
i
J' t l A.
Quality Assurance Pecuirements for Plants in Deferred Ststus k' hen a plant is ceferred, the licensee may continue to follow
{
the approved construction phase quality assurance program or l
may modify the quality assurance program to reflect anticipated i
deferral ectivities. Modified cuality assurance programs focus on the maintenance, preservation and documentation activities and a cost-effective reduction in licensee and NPC resources. The policy guidance addresses these requirements.
l The major areas of concern for extended construction delays are:
l the (1) maintenance and preservation of equipment and materials, (2) verification of status of construction, and (3) retention and protection of records.Section III.A.3 of the policy guidance outlines the requirements in these areas for deferred plants.
l E.
Applicability of New Renulatory Requirements for Deferred Plants l
l Under the present regulations, new plant-specific staff positions would be applied to deferred plants upon reactivation, subject to the requirements of the backfit rule, 10 CFR 50.109. That is, if the plant falls within the time frame indicated in 10 CFR 50.109(a)(1), then the NRC staff would be required to
,4ustify any new plant-specific backfits in accordance with
)
10 CFR 50.109(a)(2),(a)(3), and (a)(4). The appeals procedures applicable for plant-specific backfits are applicable to deferred
]
I i
\\
i
.{<
\\,
.i r
m j -Q 4 3
}
(
b j'
(,,
i plants. Generic issue backfits, which apply the same new
-NRC staff pos'ition to more than one licensee, are reviewed t
and approved in conjunction with resolution of the issue. ' If 1
the deferred plant falls within the generic issue" concern, as determined by NRC staff analysis for approval of the generic.
4' issue resolution, then the backfit would be applied to the plant'upon reactivation.
+
Regulations that have integral update provisions built into
+
them will be applied to deferred plants, as. they are to-other plants under construction, wit *sut the use of the backfit rule. For example, the upda.e provisions of IG CFR ISO.55a, Cddes and Standards., require that certain editions
.g,,
of the codes'and standards be used i:epending on the Cp or 43 Operating License (OL) issuance date. Application of 10 CFR 50.55a c - t to h eferred plant will be governed by the date specified in the V
regulation without the need for a backfitting justification.
L The provisions of other policy statements, such as the Standardizetion and Severe Accident Policy Statements, that apaly to plants under construction, will also have to be implemented. For example, the
+[
Severe Accident Policy Statement (NUREG-1070) refers to an integrated systemath Approach to examine each n: clear power plant now operating j[
or under construction for pcssible significant risk contributors f
that'might be plant-specific and might be missed absent a systematic search. Deferred pidnts will have to perform this plant-specific
?
y
-( s
'p
-]..
.,OX.
l !
i vulnerability analysis; however, the backfit rule will be used to i
i decide which identified plant vulnerabilities require plant modifications.
l I
Section III. A.5 of the Policy Statement identifies the need to apply the backfit rule for impleraenting new staff positions i
to deferred plants when they are reactivated.
l The Commission published for comment in May 1984, and subsequently forwarded to Congress, a report entitled
" Improving Quality and the Assurance of Quality in the Design and Construction of Nuclear Power Plants, NUP.EG-1055. This report contains a number of lessons learned concerning significant quality failures in commercial nuclear power plants under construction and makes recommendations concerning their avoidance in the future. These lessons learned are i
equally applicable to deferred or terminated plants for which construction may be resumed.
III. p0LICY GUIDANCE l
This policy guidance outlines:
(1) the NRC's regulatory provisions i
for deferring and preserving a deferred nuclear power plant until such time as it may be reactivated, and (2) the applicability of new regulatory staff positions to a reactivated deferred plant.
i f
~'
7 Also, because of the possibility that the plant and/or its i
I equipment may be sold to another utility, some general guidance with regard to terminated plants is presented. The following f
definitions apply to this policy' guidance:
Deferred Plant - A plant at which the licensee has ceased construction or reduced activity to a maintenance level, maintains the CP in effect t
and has not announced termination of the plant.
Terminated Plant - A plant for which the licensee has announced that construction has been permanently stopped, but which still has a valid CP.
A.
Deferred Plants i
Areas that should be addressed by a licensee and the NRC when a plant is deferred are as follows:
I 1.
Notificition of Plant Deferral A licensee should inform the Director of Nuclear Reactor Regulation (NRR) when a plant is to be deferred, within 30 days of the decision to defer.
Information to be made available should include the reason for deferral, the expected plant reactiv3 tion date (if known), whether a CP extension request will be submitted, 6ad the plans for fulfilling the requirements of the CP, including the w
c a.----,
-,r, er,-r-
r 8-maintenance, preservation and documentation requirements as outlined in Section III.A.3 of this. Policy Statement.
2.
Extension of Contruction Permit Licensees must assure that their cps do not expire.
10 CFR 2.109, "Effect of Timely Renewal Application," provides that if a request for renewal of a license is made 30 days prior to its expiration, the-license will not be deened to have expired until the application has been finally dispo-sitioned. CP extensions will be considered in accordance I
with 10 CFR 50.55(b).
3.
Maintenance, Preservation and Documenta'4an of Equipment The NRC requirements for verification of construction status, retention and protection of records, and maintenance and preservation of eouipment and materials are applied through:
" Conditions of Licenses," and 10 CFR 50.55(f), " Conditions of Construction Permits," which recuire that a quality assurance program be implemented; 10 CFR Part 50, Appendix B, which requires that all activities performed to establish, maintain, and verify the quality of plant construction be addressed in the licensee's quality assurance program; 10 CFP Part 50, Appendices A and B, whict. require that certain quality records be retained for the life of the plant; 10 CFR 50.55(e), which requires reporting of
--v--
s m
e
l k
deficiencies in design, construction, quality assurance, etc.;
10 CFR 50.71, which applies to the maintenance of records; and 10 CFR Part 21, which applies to reporting of defects and non-compliance.
The NRC Regulatory Guides which endorse the ANSI N45.2 series'of standards, " Quality Assurance Requirements for Nuclear Power Plants,"
are also applicable. These include Regulatory. Guides 1.?8, 1.37, i
1.38, 1.58, 1.88 and 1.116 Of particular importance is the guidance i
on packaging, shipping, receiving, storing and handling of equipment,-
as well as on collecting, storing and maintaining ouality control-8 documentation. The maintenance, preservation and documentation requirements outlined above apply to plants under construction.
i The licensee may choose to modify existing commitments during extended construction delays by devehping a quality assurance I
plan that is commensurate with the expected activities and expected (or potential) length of delay. The licensee should discuss with the NRC the expected construction delay period and the quality assurance program to be implemented during the deferral. The program should include a description of the planned activities, organizational responsibilities and procedural controls which
]
apply to.ne verification of construction status, maintenance and 1
preservation of equipment and materials, and retention and protection of quality assurance records. The program will be reviewed and approved by the NRC in accordance with 10 CFR 50.54(a)(3), 10 CFR Part 50, Appendix B and inspection procedures, as appropriate.
Implementation of the program will be periodically examined i
I
. i 1
to determine licensee compliance with commitments and overall program effectiveness.
4.
Conduct v. Review During Deferral When a plant is deferred, the staff will normally bring all i
t ongoing post-CP and Operating License (OL) reviews and associated documentation to an appropriate termination point.
l Normally, new reviews will not be initiated.
If the review has progressed sufficiently, a Safety Evaluation Report (SER) will be issued, which assembles and discusses the status of the completed work and lists all outstanding open items. Subject to availability of resources, the staff might perform specific technical reviews or complete SER supplements.
5.
Applicability of New Regulatory Requirements During Deferral With respect to applicability of new regulations, guidance i
and policies, deferred plants of custom or standard design will be considered in the same manner as plants still under construction. Proposed plant-specific backfits of new regulatory staff positions promulgated while a plant is deferred will be considered in accordance with the backfit rule, 10 CFR 50.109. Other modifications to previously accepted staff positions will be implemented either through rulemaking or generic issue resolution, which themselves are 1
l
l
. 11
{
subject to the backfit rule.- Regulations that have integral update provisions built into them will be applied to deferred plants, es they are to other plants under construction, without t
the use of the backfit rule.
Provi icos in other policy statements which are applicable t
to plants under construction will also have to be implemented.
Any resulting backfit recommendations will have to be supported in accordance with 10 CFR 50.109. Appeals procedures.
I applicable to plant-specific backfits would be applicable to deferred plants. Appeals filed by a licensee during deferral will be considered and processed by the NRC while a plant is in a deferred status.
r 6.
Information to be Submitted by Licensee when Reactivating i
The licensee should submit a letter to the Director of NRR at least 120 days before plant construction is expected to resume.
The letter should include the following information, to the extent that such information has not been submitted to the staff during the deferral period:
a.
Proposed date for resuming construction, a sch?dule for completion of the construction, and a schedule for submittal of an operating license application, including a Final Safety Analysis Report (FSAR), if one has not already been submitted.
4
- b.-
The current status of the plant site and equipment.
c.
A description of how any conditions established by the NRC during the deferral have been fulfilled..
d.
A list of licensing issues that were outstanding at the_
time of the deferral and a description of the resolution or proposed resolution of these issues.
e.
A listing of any new regulatory requirements applicable to the plant that have become effective since plant construction was deferred, together with a description of the licensee's proposed plans for compliance with these requirements.
f.
A description of the management and organization responsi-ble for construction of the plant..
g.
A description of all substantive changes made to the plant design or site since the CP was issued (for those plants for which an OL application has not been submitted).
h.
Identification of any additional required information which is not available at the time of reactivation and a commitment to submit such information at a specific later date.
i.
As necessary, an amendment to the OL application (revised FSAR) and a discussien of the bases for all substantive site and design changes that have been made since the last FSAR revision was submitted (for those plants which were already under OL review at the time of ceferral).
1.
- I a-7.
Staff Actions When Notified of Reactivation The acceptability of structures, systems and components important to safety (10 CFR Part 50, Appendix A, GDC 1) upon reactivation from deferred status will be. determined by the NRC based on the following:
a.
Reviews of the approved preservation and maintenance i
program, as implemented, in order to determine whether or not any structures, systems or components require special NRC attention during reactivation.
b.
Verification that design changes, modifications, and required corrective actions have been implemented and documented in accordance with established quality control requirements.
c.
The results'of any licensee or NRC baseline inspections which indicate that quality and performance requirements have not been significantly reduced below those originally specified in the FSAR. Structures, systems and components that fail to meet the acceptability criteria or will not meet current NRC requirements will be dealt with on a i
case-by-case basis.
A f
b
14'-
7 B.
Terminated Plants i
1.
Plant Terminations i
A licensee should inform the Director of NRR when a plant is placed in a terminated status.
In the event that withdravtl c
of a CP is sought, the permit holder should provide notice to the staff sufficiently far in advance of the expiration of the CP to permit the staff to determine appropriate terms and conditions.
If necessary, a brief extension of the CP may be ordered by the staff to accommodate these determinations.
Until withdrawal of the CP is authorized, a permit holder must adhere to the Commission's regulations and the terms of the CP, and should submit suitable plans'for the termination of site activities, including redress, as provided for under 10 CFR 53.41, for staff approval. Also, if the plant has been completed to a point that it can function as a utilization facility, the licensee must take all necessary actions to ensure that the facility is no longer a facility for which an NRC license is required.
2.
Measures that Should be Considered for Reactivation of i
Terminated Plants or Transfer of Ownership of Terminated Plants 1
e
s
~.
c
. 15 j
i Owners of terminated nuclear plants planning to maintain the option of plant reactivation or transfer of ownership to others - either totally or in part - sh'ould consider-the following actions:
1 a.
For the removal and transfer of ownership of plant components and systems important to safety, make necessary provisions to maintain, collect and transfer to the new owner appropriate performance and material documentation attestir.g to the quality of the components and systems that will be required of the new owner if intended for use in NRC-licensed facilities.
b.
Develop and imp".sent a preservation and maintenance program for structures, systems and components 3mportant to safety, as well as documentation, u.,stantially in accordance with Section III.A.3 of this Policy Statment.
If these provisions are implemented thrcughout the period of termination.
a terminated plant inay be reactivated under the same provisions es a deferred plant.
1
i
,i.. a i
~
j.!
.a i
- i
.Such licensees must also' assure that any necessary i
extensions of the.CP are requested in a timely l
manner..
1 5
Dated at Washington, D.C..this day of 1987.
i l
i 3
For the h'uclear Regulatory Commission i
l I
I Samuel J. Chilk l
.. Secretary of the Commission-
-l r
J t
f i
t
,. ~.,
-. - ~ -