ML20045B019

Fr Notice Announcing NRC Proposal to Amend Regulations on Power Reactor Safety in Order to Consistently Apply Requirement That Nuclear Power Plant Licensees Submit FSAR Updates Annually or Six Months After Each Refueling Outage

ML20045B019
Person / Time
Issue date:	05/05/1993
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20045B017	List: ML20045B016 ML20045B019
References
FRN-58FR28523, RULE-PR-50 CCS, NUDOCS 9306160091
Download: ML20045B019 (8)

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[7590-01]

NUCLEAR REGULATORY COMMISSION 10 CFR Parts 50 and 54

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RIN 3150 - AE63 FSAR Update Submittals i

AGENCY:

Nuclear Regulatory Commission.

ACTION:

Proposed rule.

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SUMMARY

TheNuclearRegulatoryCommission(i4RC)proposestoamendits regulations on power reactor safety in order to consistently apply the requirement that nuclear power plant licensees submit final safety analysis report (FSAR) updates annually or six months after each refueling outage.

These amendments would eliminate confusion regarding two references to an existing reporting requirement. The proposed rule would not require additional reporting requirements.

DATE:

The comment 3 -iod expires (insert date 30 days from the date of publication in the Federal Register),1993. Comments received after this date will be considered if it is practical to do so, but the Commission is able to i

assure consideration only for comments received on or before this'date.

f ADDRESSES: Mail written comments to:

Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555. ATTN: Docketing and Services Branch.

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Deliver comments to:

11555 Rockville Pike, Rockville, Maryland between 7:45 a.m. and 4: 15 p.m. on Federal workdays.

Copies of the comments and supporting documents may be examined at:

the NRC Public Document Room at 2120 L Street NW. (Lower Level),

Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Claudia M. Craig, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555, telephone (301) 504-1281.

SUPPLEMENTARY INFORMATION:

Background

In February 1993, the Commission approved the establishment of a regulatory review group (RRG) to conduct a comprehensive and disciplined review of power reactor regulations and related NRC processes, programs, and practices for their implementation. Within the framework of this review, the RRG identified two areas in the regulations that may cause confusion relative to a recent amendment of another section of the regulations.

On August 31, 1992, the Commission amended 10 CFR 50.71(e) to allow nuclear power reactor licensees to submit FSAR updates either annually or six months after each refueling outage. The RRG discovered that 10 CFR 50.54(a)(3) and 10 CFR 54.37(b) still referenced the previous requirement of annual FSAR submittals.

This conflict may confuse licensees regarding how often quality assurance program changes and FSAR updates for license renewal should be submitted.

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-O As proposed, the amendments would delete the references to the annual submittal of FSAR updates in 10 CFR 50.54(a)(3) and 10 CFR 54.37(b). The sections would then reference the regulation,10 CFR 50.71(e), not the specific requirements of the regulation. Theproposedamendmentwould ~

eliminate the confusion caused by the conflicting requirements contained in different sections of the regulations.

E Environmental Impact:

Categorical Exclusion The NRC has determined that this regulation is the type of action l

described as a categorical exclusion in 10 CFR 51.22(c)(3)(i) and (iii).

Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation.

Paperwork Reduction Act Statement This proposed rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3051 et seq.).

Existing requirements were approved by the Office of Management and Budget approval numbers 3150-0011 and 3150-0155.

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Regulatory Analysis l

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The Commission has prepared a draft regulatory analysis on this proposed regul ation. The analysis examines the costs and benefits of the altIrn'atives considered by the Commission. The draft analysis is available for inspection in the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, D C.

Single copies of the draft analysis may be obtained from Claudia M.

Craig, U.S. Nuclear Regulatory Commission, Washington, DC 20555, (301) 504-1281.

The Commission requests public comment on the draft regulatory analysis.

Comments on the draft analysis may be submitted to the NRC as indicated under the ADDRESSES heading.

t Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b),

the Commission certifies that this regulation will not have a significant economic impact on a substantial number of small entities. This proposed i

i regulation affects only the licensing and operation of nuclear power plants.

The companies that own these plants do not fall within the scope of the definition of "small entities" as given in the Regulatory Flexibility Act or the Small Business Size Standards promulgated in regulations issued by the Small Business Administration at 13 CFR Part 121.

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Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this proposed rule. The proposed rule affects recordkeeping and reporting requirements which have been deemed not subject to the bacRfit rule and the changes are voluntary relaxations of requirements which are not being imposed upon licensees.

Therefore, a backfit analysis is not required for this proposed rule because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1).

List of Subjects 10 CFR Part 50 Antitrust, Classified information, Criminal penalties, Fire protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.

t 10 CFR Part 54 Administrative practice and procedure, Age-related degradation, Backfitting, Classified information, Criminal penalties, Environmental protection, Incorporation by reference, Nuclear power plants and reactors, Reporting and recordkeeping requirements.

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for the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following a ~

I amendments to 10 CFR Parts 50 and 54.

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PART 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 1.

The authority citation for Part 50 continues to read as follows:

AUTHORITY:

Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat.

l 936, 937, 938. 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended 1244, 1246 l

(42 U.S.C. 5841, 5842, 5846).

Section 50.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 f

(42 U.S.C. 5851).

Section 50.10 also issued under secs. 101, 185, 68 Stat.

1 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), and 50.103 also issued under j

sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).

Sections 50.23, 50.35, j

50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235).

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Sections 50.33a, 50.55a and Appendix Q also issued under sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued

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under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844).

Sections 50.58, 50.91, and 50.92 also issued under Pub. L.97-415, 96 Stat. 2073 (42.U.S.C. 2239).

Section 50.78 also issued under 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). Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

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2.

In 550.54, paragraph (a)(3) is revised to read as follows:

550.54 Conditions of licenses.

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(3) After March 11, 1983, each licensee described in paragrapha(a)(1) of this section may make a change to a previously accepted quality assurance program description included or referenced in the Safety Analysis Report,

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provided the change does not reduce the commitments in the program description previously accepted by the NRC. Changes to the quality assurance program description that do not reduce the commitments must be submitted to the NRC r

annually or 6 months after each refueling outage which is in accordance with i

i the requirements of f50.71(e). Changes to the quality assurance program i

description that do reduce the commitments must be submitted to NRC and i

receive NRC approval prior to implementation, as follows:

j PART 54 - REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS 1.

The authority citation for Part 54 continues to read as follows:

AUTHORITY:

Secs. 102, 103, 104, 161, 181, 182, 183, 186, 189, 68 Stat.

936, 937, 938, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233,_2236, 2239, 2282); secs. 201, 202, 206, 88 Stat. 1242, 1244, as amended (42 U.S.C. 5841, 5842).

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2.

In f54.37, paragraph (b) is revised to read as follows:

554.37 Additional records and recordkeepina reauirements.

(b) The FSAR update required by 10 CFR 50.71(e) must include any SSCs newly identified as important to license renewal as a result of generic information, research, or other new information after the renewed license is issued. The update must also identify any SSCs deleted from the list of SSCs important to license renewal. This FSAR update must describe how the age-related degradation unique to license renewal of newly identified SSCs important to license renewal will be effectively managed during the period of extended operation. The update must also be accompanied by a justification for deleting any SSCs previously identified as important to 11 erase renewal.

Dated at Rockville, Maryland, this d'#

day of 53r

, 1993.

For the Nuclear Regulatory Commission.

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]L. [ [

a..as M. Tay)8r, E cutive Director for Operations i

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CONGRESSIONAL CCRRESPONDENCE SYSTEM DOCUMENT PREPARATION CHECKLIST This cheex11st is be submitted with each document (or group of G3/As) sent for e ing into the CCS.

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BRIEF DESCRIPTION CF DOCUMENT (S)

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2.

TYPE OF-DOCUMEMF Correspondenser Nearingen(Qt/As) 3.

DOCUMENT CONTROL 8ensitive (NRC Only)

Non-Seneitive 4.

CONGRESSIONAL COMMITTEE and SUBCOXMITTEES (if applicable)

Congressional Committee Subcommittee j

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SUBJECT CODES (a)

(b)

(c) 6.

SOURCE OF DOCUMENTS (a) 5520 (Jocument name

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Scan.

(c)

Atlachments (d)

Rakey (e) other 7.

SYSTEM IA)G DATES b/'/!6 5 Date oCE sent document to ecs (a) m (b)

Date CCS Esoaivess dooument (c)

Data returned to oCA for additional information (d)

Data resubmitted by-oCA to CCS

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(a)

Data entered into CCS -by

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(f)

Date OCA notified that document is in CCS l

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CCMMENTS

14006F,

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