ML20027D831
| ML20027D831 | |
| Person / Time | |
|---|---|
| Issue date: | 06/25/1982 |
| From: | Aggarwal S NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Harold Denton, Dircks W, Minogue R Office of Nuclear Reactor Regulation, NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES), NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20027A669 | List:
|
| References | |
| FOIA-82-426 NUDOCS 8211100172 | |
| Download: ML20027D831 (9) | |
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UNITED STATES g-t, NUCLEAR REGULATORY COMMISSION 3
,j WASW NGTON,0. C. 20555 ag;.... f.
June 25, 1982 MEMORANDUM FOR:
William J. Dircks, EDO Robert Minogue, RES Harold Denton, NRR f
Richard DeYoung, I&E Guy H. Cunningham, ELD
- j Joseph Felton, ADMIN FROM:
Satish K. Aggarwal, EEBR Enclosed is a clean copy of the Final Rule 9 50.49 (Mini-Rule) approved by the Comission' yesteday. The original was sent to Mr. John Hoyle today at 12:00 P.M. for publication in the Federal Register.
n ERAgwd Satish K. Aggarwal
Enclosure:
As stated
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l 8211100172 821014 t'
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f NUCLEAR REGULATORY COMMISSION 10 CFR PART 50
' Environmental Qualification of Electric Equipment AGENCY:
Nuclear Regulatory Commission i-ACTION:
Final Rule
SUMMARY
- The Nuclear Regulatory Commission'is amending its regulations to suspend completion schedules for environmental qualification of safety-related electric equipment in operating nuclear power plants.
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EFFECTIVE DATE:
[UponpublicationintheFEDERALREGTcTER]
FOR FURTHER INFORMATION CONTACT:
Satish K. Aggarwal, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, phone 301-443-5946. SUPPLEMENTARY INFORMATION:
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OnMay23,1980, the Commission issued a Memorandum and Order in the Matter of the Petition for Emergency and Remedial Action, CLI-80-21, l
11 NRC 707.
In that Order, the Commission directed that all operating plants complete the qualification of safety-related electric equipment pursuant to the Division of Operating Reactors (COR) Guidelines and NUREG-0588 no later
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- than June-30, 1982', and stated that this requirement would be incorporated into the technical specifications for each operating plant. This was accomplished by a series of plant-specific orders issued by the Director of Nuclear Reactor Regulation.
For plants receiving operating licenses after these orders had been issued, the deadline was placed in a license condition.
In the May 23 Memorandum and Order, the Comission also requested that f,
the staff engage in rulemaking to codify the Comission's standards in this area. A notice of proposed rulemaking was published in the FEDERAL REGISTER on January 20, 1982 (47 FR 2876). The proposed rule contained a new imple-mementation schedule which would supersede the June 30 deadline in the tech-nical specifications or license conditions of operating plants.
In addition, the proposed rule included a requirement that licensees of operating plants submit justification for continued operation while qualification efforts are still underway, but it was noted that, if these plant-specific justifications were voluntarily submitted and evaluated by the staff prior to publication of a final rule, this requirement would be deleted. The Comission expected to be able to publish the final rule prior to the June 30 deadline. This has not proved possible. Although Comission action on the final rule is nearly complete, publication will be delayed somewhat beyond June 30 It is there-fore necessary to suspend the deadline now contained in technical specifi-
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cations or license conditions pending publication of the final rule.
The Comission is today promulgating an interim 10 CFR 50.49 which will be superseded by the final rule bearing the same section number. The interim i
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rule suspends the deadline now contained in technical specifications or
.. license conditions pending publication of the final. rule, the implementa-tation schedule of which will be immediately effective. Although licensees will be operating under no deadline for a short period of time, the Commission expects that licensee efforts to meet the requirements of CLI-80-21 will continue without interruption.
The Commission has received, and the staff has evaluated, each operating plant licensee's justification for continued operation.
On the bases of these analyses, the Commission has determined that continued operation of these plants, pending completion of the equipment qualifiction program, will not present undue risk to the public health and safety. The state of environ-mental qualification at operating plants is much improved since imposition of the June 30 deadline, though much work remains, and the Commission finds that no public purpose would be served by placing licensees in jeopardy of enforce-ment actions for the brief interim period between June 30 and publication of the final rule which will establish a new schedule.
This rule may be made immediately effective upon publication in the FEDERAL REGISTER, pursuant to Section 553(d)(1) of the Adminis'trative Procedure Act, because it " relieves a restriction" previously imposed upon licensees of operating nuclear power plants.
Furthermore, the Commission is dispensing with public notice and comment in promulgating this rule in final form. The Commission had intended to promulgate a final rule by June 30, 1982.
However, because the Commission will be unable to promulgate a final 1
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rule by that date, and because licensees should not be placed in jeopardy of enforcement action pending promulgation of a revised schedule for implemen-i tation of equipment qualification requirements, the Comission finds good cause to dispense with notice and coment.
In addition, the Comission has already solicited coments on the proposed rule's ~ schedule delaying imple-ii mentation beyond June 30 and the fir.31 rule will contain a schedule of this l
type.
Regulatory Flexibility Act Certification In accordance with the Regulatory Flexib'ility Act of 1980,' 5 U.S.C.
5 605(b), the Comission hereby certifies that this rule will not have a significant economic impact upon a substantial number of small entities. The rule affects only operating nuclear power plant licensees, which do not fall within the definition of a small business as defined in the Small Business Act, 15 U.S.C. 632, or as defined in the Small Business Size Standards, 13 CFR Part 21.
Paperwork Reduction Act Statement Pursuant to the Paperwork Reduction Act of 1980, Public Law 96-511, the Comission has determined' that this rule does not impose new recordkeeping, information collection, or reporting requirements.
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-5 Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and Sections 552 and 553 of Title 5 of the United States Code, notice is hereby given,that the following
'n amendment to Title 10, Chapter I, Code of Federal Fe341ations, Part 50, is published as a document subject to codification.
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f PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 1.
A new Section 50.49 is added to read as~ follows:
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50.49 Environmental Qualification S~chedules The June 30, 1982, deadline for completion of environmental qualification of safety-related electric equip-ment, now contained in the technical specifica-tions or license conditions for all operating nuclear power plants, is hereby suspended pending publica-tion of the final rule on qualification of such equipment.
1.
The authority citation for Part 50 continues to read 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);
l secs. 201, 202, 206, 88 Stat. 1243, 1244, 1246 (42 U.S.C. 5841, 5842, 5846),
unless otherwise noted.
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Section 50.78 also issued under sec.122, 68 Stat. 939 (42 U.S.C.
l 2152). Sections 50.80-50.81 also issued under sec.184, 68 Stat. 954, as amended (42U.S.C.2234).S'ections 50.100-50.102 issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236).
'i For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273),
5550.10(a),(b),and(c), 50.44, 50.46, 50.48, 50.54, and 50.80(a) are y
issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b));
5550.10(b) and (c) and 50.54 are issued under sec. 161i, 68 Stat. 949, as amended (42U.S.C.2201(i));and5550.55(e),50.59(b),50.70,50.71,50.72, and 50.78 are issued under sec. 1610, 68 Stat. 950, as amended "(42 U.S.C.
2201(o)).
Dated this day of June, 1982, at Washington, D C.
For the Nuclear Regulatory Commission Samuel J. Chilk Secretary of the Commission
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(Rutes and Regulations r d"' "*'"
Vol. 47, No.12e L
(
Wednesday, June 30, 1982
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7 ms section of the FEDERAL REGISTER related electric equipment pursuant to operation.On the bases of these I
sns reguratory documents having the Division of Operating Reactors analyses, the Commission has pwrat app!cabit.ty and legal effect, most (DOR) Culdelines end NUREC-0588 no de_termined that continued operation of vi mhich are keyed to and cod f ed in Inter than June 30,1982, and stated that these plants pending completion of the
, ww Code of Federal Regulations, which is this requirement would be incorporated equipment qualification program, will pshed under 50 t:t'es pursuant to 44 into the technical specifications for each not present undue risk to the public Co e of Federal Regulations is sold operating plant.nis was accomplished health and safety.The state of tn trse Superintendent cf Documents.
by a series of plant-specific orders environmental qualification at operating Nos of new books are hsted in the issued by the Director of Nuclear plants is much improved since
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vst FEDERAL REGISTER it. sue of each Reactor Regulation. For plants receiving imposition of the June 30 deadline, e
nonth.
operating licenses after these orders had though much work remains, and the 3
been issued, the deadline was placed in Commission finds that no public g
a license condition.
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purpose would be served by placing NUCLEAR REGULATORY In the May 23 h,temorandum and licensees in jeopardy of enforcement Order, the Commission also requested s
COMMISSION actions for the briefinterim period that the staff engage in rulemaking t codify the Commission s standards in between June 30 and publication of the 10 CFR Part 50 g
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this area. A notice of proposed i
schedule.
EnvironmentalQualification of Electric rulemaking was published in the Federal Equipment Register on January 20,1982 (47 FR
'Diis rule may be made immediately 2878).The proposed rule contained a effective upon publication in the Federal A.:TNCY: Nuclear Regulatory new implementation schedule which Register, pursuant to section 553(d)(1) of Commission.
would supersede the June 30 deadline in the Administrative Procedure Act, ACTION: Final rule.
the technical specifications or license because it ** relieves a restriction" conditions of operating plants. In previously imposed upon licensees of
SUMMARY
- lti a Memorandum and Order addition, the proposed rule included a operating nuc! car power plants.
Issued on May 23,1980, the Nuclear requirement that licensees of operating Furthernure, the Commission is Regulatory Commission (NRC) directed plants submit justification for continued dispensir.g with public notice and that all operatmg plants complete the operation while qualification efforts are comment in promulgating this rule in environmental qualificahon of safety still underway, but it was noted that, if final form.The Commission had these plant-specific justifications were intended to promulgate a final rule by June 30.1982 so as spec e the v luntady sdmined aq evaluated by June 30.1982. liowever, because the Memorandum and Order, the NRC the staff prior to publication of a final Commission will be unable to I
proposed rules to codify the Commission standards in this area.The proposed The Comm.9".hement we be Metei promulgate a final rule by that date, and
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ission expected to be able t because licensecs should not be placed rules contained a new implementation schedule which would supersede the
$fdli In je pardy of enforcement action h en a r rior to g
p,o ed oss e.
peding pmmulgation of a revised June 30 deadline in the techmcal Although Commission action on the specifications when the proposed rules final rule is nearly complete, publication schedule for implementation of are adopted as final. The Commission will be delayed somewhat beyond June equipment qualification requirements, had expected to publish final rules by
- 30. It is therefore necessary to suspend the Comm,ssion finds good cause te i
lune 30.however this has not the deadline now contained in technical dispense with notice and comment.in proved possible.ncrefore, the specifications or license conditions addition, the Commission has already Comnussion finds it necessary t pending publication of the final rule.
solicited comments on the proposed suspend the June 30 deadline now The Commission is today rule's schedule delaying implementation 1
contamed in the technical specifications er license conditions pendmg publication promulgating an interim 10 CFR 50.49 beyond June 30 and the final rule will of final rules which will be superseded b. y the final contain a schedule of this type.
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ar rtCTIVE DAfrijune 30.1982.'
interim rule su pends ed dli e ron FUnTHER INFOnMATION COffTACT:
now contained in technical In accordance with the Regulatory e tish K. Aggarwal. Office of Nuclear specifications or license conditions nex bility Act of 1980. 5 U.S.C. 005(b),
a Pegulatory Research, U.S. Nuclear pending publication of the final rule, the, the Commission hereby certifies that Pc;'ulatory Commission. Washington.
implementation schedule of which will
' this rule will~not have a significant D C. 20555. phone 301-143-5940.
be immediately effective. Althou8h economicimpact upon a substantial S UPPLEM E NT ARY INFORM ATIO N: On h!ay licensees will be operating under no number of small entities.ne rule 71.1900, the Commission issued a deadline for a short period of time, the affects only operating nuclear power Memorandum and Order in the hiatter Commission expects that licensee plant licensees, which do not fall within ref the Petition fer Emergency and efforts to meet the requirements of CLl-the definition of a small business as Pemedial Action CLI-80-21.11 NRC 60-21 will continue without interruption. defined in the Small Business Act.15 7ti7.In that Order the Commission The Commission has received, and the U.S.C. 632. or as defined in the Small
'Ihected that all operatmg plants staff has evaluated, each operating plant Business Size Standards,13 CFR part 21.
f.mnplete the qualification of safety-licensee's justification for contmued
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,'g Federal Register / Vol. 47, No.126 / Wednesday. June 30. 1982 / Rules and Regulations i
- cperw:rkbduction Act Statement Fer ths Nuc!ctr R:gul ttry Commission.
Pipelines (Docket No. RM78-22410).
Pursuant to the Paperwork Reduction Samuel J. Chilk.
Phillips Petroleum Company,Inc.
Act cf1980. Pub. L 9S-511. the Scuet ryoMecommission.
(Docket No. RM78-22-011). and Ccmmission has determined that this trR. om e2.Mu fM 6-ac t u amj Southern Union Cathering Compa rule does not impose new
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(Docket No. RM 78-22-012).To l ve recordkeeping. Information collection, or sufficient time to consider the I sues reporting requirements.
raised In these applications, t e PARTMENT OF ENERGY Commission will grant rehe ing of the Iht cf Subjects in 10 CFR Part M final rule solely for the pur ose of such Fe cral Energy Regulatory Nyclear power plants and reactors.
Co Ission turther consider,ation.
Pursuant to the Atomic Energy Act of The Commission Ord rst Rehearing of 1954.cs amended, the Energy.
' 18 CF Parts 1,1b,2,3,3a,3c,4,12, Order No.2251s grant solely for the limited purpose of fu er consideration Reorganization Act of1974 as amended.
16,25,
,33,34,35,41,45,131,152, of the issues raised the three end sections 552 and 553 of Tit!c 5 of the 153,154, 56,157,158,250,270,271, applications for te caring.This action United States Code, notice is hereby 275,281,2,284,286,292,375,385' givin that the fo!!owing amendment to and 388 does not constitu a grant or denial of Title 10. Chapter I. Code of Federal any application nits merits citherin IDocket Nos. R 8-22-000. RM 78-22-010, Whole or Part. s provided in i 1.34(d)
Regulations. Part 59. Is published as a RM78-22-o n, RM 012) of theComm sion's present Rules of d:cument subject to codification.
Practice.18 FR 1.34(d). no answers to Revision of Rules ' Practice and these appl ations will be entertained by PART 50-QOMESTIC LICENSING OF Procedure to Exped e Trial. Type the Com assion because this order does PRODUCTidN AND UTILIZATION -
Hearings not gra rehearing on any substantive FACILITIES Issued June 25,1982.
- 1. A new I 50.49 Is added to read as fallows:
AGENCY:FederalEnergy egulatory By e Commission.
o Commission. DOE.
Ken eth F. Plumb, 3 50.49 Environmentalqualification
- ACTION: Order granting relgaring solely Se retary, schedules.
for Purpose of further consiyeration.
om as-mn rne sse a ss==1 The June 30.1982, deadline for The FederalEnerk
SUMMARY
completion of environmental qutlification of safety-related electric Regulatory Commission is iss' *ng an i
order granting limited rehearin on three squipment. now contamed in the 18 CFR Part 271 technical specifications or license applications filed with respect t the conditions for all operating nuclear Commission's fi6al rule revising Rules of Practice and Procedure.
[ Docket No. RM79-76-096 (Alabama.2);
power plants. Is hereby suspended Order No. 2381 pending publication of the final rule on Rehearing is granted solely to allow. e Commission sufficient time for fur High-Cost Cas Produced From Tight qualification os such equipment.
- 2. "Ihe authority citation for part 50 consideration of the applications.
ae Formations; Final Rule c::ntinues to read as follows:
order does not constitute a grant denial of any application on its
- rits, Issued June 23.1982.
Authority: Secs.103.104.161.182.183.189 either in whole orin part.
cENCY: Federal Energy Regulatory 68 Stat. 230. 937. M8. 953. 954,955. 958. as FOR FURTHER INFOnMATION CO ACT:
C nmission. DOE.
.cminded (42 U.S.C. 2133.1134. 2201. 2232 Fredric D. Chanania. Office o e*
AlTi N:F nal rule.
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2233. 22391: secs. 201. 202. 2co. e8 sta t.1243 Cencra! Counsel. Federal En gy n44.124s (42 Usc. 5841. 5M2. ssis). unless
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RegulatoryCommission,82 Jorth sumuA.The Federal Energy Capitol Street. N.E., Washi Ston, D.C.
Srction 50.78 also issued under Sec. 20426.(202) 357.-8033.
Regulato Commission is authorized by -
122,68 Stat. 939 (42 U.S.C. 2152).
section 107 [5]of the NaturalCas Sections 50 60-50.81 also issued under - SUPPLEMENTAHY INFORM ION:
Policy Act o 978 to designate certain Sec.184,68 Stat. 054, as amended (42 Order Crantiryg Rehear..; for Purpose of types of natura gas as high-cost gas U.S.C. 2234). Sections 50.100-50.102 Further Consideration where the comm slon determines that the gas is produce under conditions issued under sec.180. 68 Stal 955 (42 -
Issued June 25.1982.
U.S.C.2236).
which present extra dinary risks or Fct the purposes of Sec. 223. 68 Stat.
On April 28.198. the Federal Energy costs. Under section 1 7(c)(5), the Regulatory Com.ssion (Commission)
Commission issued a fi 11 regulation 958, as amended (42 U.S.C. 2273).
Issued a final n e amending its Rules of designating natural gas p duced from a
i l 50.10(a). (b) and (c). 50.44. 50.40
, Practice and cedure to expedite trial-light. formations as high.co t gas which 50.48. 50.54. and 50.80(a) are issued -
' type hearing Docket No. RM78-22-000, may receive an incentive pr e (18 CFR under Sec.161b. 68 Stat. 948, as amended (42 U.S.C. 2201(b)l ii 50.10(b)
Order No.
- 5. 47 FR 19014 (May 3, 271.703).This rule establishe end (c) and 50.54 are issued under Sec. 1982)).Th mal rule reorganized and procedures for jurisdictional a encies to revised ' Rules of Pr clice and submit to the Commission 1G11. 08 Stat. 949. as amended (42 U.S.C.
Procedu e, effective on August 20.1082 recommendations of areas for\\
2201(i)); and 15 50.55(e). 50.59(b]. 50.70, andre esented a major step in the designation as tight formations.Th 50.71. 50.72, and 50.78 are issued under Com ssion's overall effort to update final order adopts the recommendata n Sec.161o. 68 Stat. 950. as amended (42 and arify its procedural rules.
of the State Oil and Cas Board of U.S.C. 2201(o)).
ie Commission has received timely Alabama that the Ifartselle Sandstone D.sted this 25ih day of June.1982. at op lications for rehearing of this final Formation be designated as a tight Wa shington. D C.
rule from the Association of Oil formation under 5 271.703(d).
.