ML20056H519
| ML20056H519 | |
| Person / Time | |
|---|---|
| Issue date: | 08/16/1993 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML19342C222 | List: |
| References | |
| FRN-58FR45243, RULE-PR-50, RULE-PR-54 AE63-2-004, AE63-2-4, NUDOCS 9309090474 | |
| Download: ML20056H519 (23) | |
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NUCLEAR REGULATORY COMMISSION 10 CFR Parts 50 and 54 RIN 3150 - AE63 FSAR Update Submittals AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final rule.
SUMMARY
The Nuclear Regulatory Commission (NRC) is amending its 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 eliminate confusion regarding two references to an existing reporting requirement. The final rule does not require additional reporting requirements.
EFFECTIVE DATE:
(30 days after publication)
FOR FURTHER INFORMATION CONTACT: Claudia M. Craig, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 504-1281.
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SUPPLEMENTARY INFORMATION
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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. The RRG found two areas in the regulations that may cause confusion regarding a recent amendment to 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 6 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 for annual FSAR submittals. This conflict may confuse licensees in determining how often quality assurance program changes and FSAR updates for license renewal should be submitted.
Description The amendments delete the references to the annual submittal of updates t
in 10 CFR 50.54(a)(3) and 10 CFR 54.37(b).
The amended sections reference the regulation,10 CFR 50.71(e), not the specific requirements of the regulation.
Licensees with a QA program description that is common to multiple units or several sites may submit changes to the common quality assurance (QA) program description that do not reduce commitments annually or 6 months after each refueling outage at only one of the sites if the interval between submittals 2
does not exceed 24 months and ail applicable dockets are referenced. This would allow licensees with multiple plants to tie the submittal of changes to the common QA program to the refueling outage schedule of only one plant and would eliminate the need for a separate submittal for each plant. The amendment will eliminate the confusion caused by the conflicting requirements-in different sections of the regulations.
1 Summary of Public Comments On May 14,1993 (58 FR 28523), the NRC published a proposed rule that would delete the references to the annual submittal of updates in 10 CFR 50.54(a)(3) and 10 CFR 54.37(b). The comment period ended on June 14, 1993, and the NRC received five letters of public comment on the proposed rules.
Four commenters fully supported the proposed changes; one commenter submitted statements for s50.54(a)(3) to further clarify the requirements and recommended that NRC revise 10 CFR 54.37(c) to duplicate the reporting frequency of 550.59(b)(2); one commenter also recommended that NRC consider extending the reporting frequency associated with 10 CFR 50.59(b)(2) to be consistent with the FSAR update submittal. The Commission agrees with the proposed statements for 10 CFR 50.54(a)(3) and has incorporated the statements into the final rule. All other sections of the final rulemaking remain unchanged. Copies of those letters and the NRC staff response to the public comments are available for public inspection and copying for a fee at the NRC Public Document Room at 2120 L Street NW. (Lower Level), Washington, DC.
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Environmental Impact:
Categorical Exclusion The NRC has determined that this final rule is the type of action i
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 final rule.
t Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection r
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.
Regulatory Analysis The Commission has prepared a regulatory analysis on this final regulation.
The analysis examines the costs and benefits of the alternatives considered by the Commission. The analysis is available for inspection in the NRC Public Document Room, 2120 L Street NW (Lower Level), Washington, DC.
Single copies of the analysis may be obtained from Claudia M. Craig, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, (301) 504-1281.
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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 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 the regulations issued by the Small Business Administration at 13 CFR Part 121.
Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this final rule. The rule affects recordkeeping and reporting requirements which.have been deemed not subject to the backfit 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 final rule because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1).
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List of Subjects h
10 CFR Part 50 Antitrust, Classified information, Criminal penalties, Fire protection, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.
10 CFR Part 54 Administrative practice and procedure, Age-related degradation, Backfitting, Classified information, Criminal penalties, Environmental i
protection, Incorporation by reference, Nuclear power plants and reactors, Reporting and recordkeeping requirements.
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 adopting the following amendments to 10 CFR Parts 50 and 54.
PART 50 - DOMESTIC LICENSING 0F 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.
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 (42 U.S.C. 5841, 5842, 5846).
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t Section 50.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 Stat.
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 sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).
Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235).
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 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).
2.
In 550.54, paragraph (a)(3) is revised to read as follows:
E50.54 Conditions of licenses.
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(3) After March 11, 1983, each licensee described in paragraph (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, 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 in accordance with the requirements of 950.71(e).
Changes to the quality 7
assurance program description that do reduce the commitments must be submitted to NRC and receive NRC approval prior to implementation, as follows:
PART 54 - REQUIREMENTS FOR RENEWAL 0F 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).
1 2.
In 554.37, paragraph (b) is revised to read as follows:
s54.37 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 8
extended operation. The update must also be accompanied by a justification for deleting any SSCs previously identified as important to license renewal.
Dated at Rockville, Maryland, this /4 day of
, 1993.
For the Nuclear Regulatory Commission.
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. Taylor,gf xec ive Director for Operations l
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f ENCLOSURE 2
SUMMARY
OF PUBLIC COMMENTS AND STAFF RESPONSE
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SUMMARY
OF PUBLIC COMMENTS AND STAFF RESPONSE The staff received five letters of public comments about the proposed changes to 10 CFR 50.54(a)(3) and 10 CFR 54.37(b) which were published May 14, 1993 (58 FR 28523).
Each comment is addressed below.
Nuclear Manacement and Resources Council On behalf of the nuclear industry, the Nuclear Management and Resources Council fully supports the changes and commended the Commission for its prompt action in finding the need for consistency in the regulations.
TV Electric TV Electric supports the proposed rule and recommends that the NRC consider extending the reporting frequency for 10 CFR 50.59(b)(2) to be consistent with the FSAR update submittal.
Staff Response To clarify the comment, the RRG contacted the licensee to discuss its recommendation further.
The licensee stated that the industry's practice is to take a conservative approach to the reporting requirement in 550.59(b)(2) and annually submit the report containing a brief description of any changes, tests, and experiments, including a summary of the safety evaluation of each.
Based on 50.59(b)(2), these reports may be submitted at the licensee's option either annually or with the FSAR updates as required by 650.71(e) (6 months after cach refueling outage if the interval between successive updates to the FSAR does not exceed 24 months).
In August 1992, the staff revised the reporting frequency in s50.59(b)(2) and the reporting requirement in 650.71(e). Therefore, no change to 650.59(b)(2) is planned.
Omaha Public Power District The Omaha Public Power District (0 PPD) recommended deleting the details of the reporting requirements and proposed statements to clarify the reporting
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OPPD also recommended revising 10 CFR 54.37(c) to duplicate the reporting frequency of 10 CFR 50.54(b)(2).
Staff Response The RRG agrees that the proposed statements clarify the requirements and has incorporated them into the final rule.
The RRG was chartered to address regulations in Parts 21, 50, and 73 of Title 10. The RRG found an ambiguous requirement in s50.54 for submitting FSAR updates in accordance s50.71(e) and found a similar ambiguity in 654.37.
The RRG proposed these changes to address the ambiguity that could result from the recent revisions of f50.71(e) and not to address the specific reporting requirements of certain sections.
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Philadelohia Electric Comoany The Philadelphia Electric Company fully supports the NRC's efforts to amend its regulations to eliminate conflicting reporting requirements.
Viroinia Power Virginia Power endorses the change for FSAR submittals.
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ENCLOSURE 3 REGULATORY ANALYSIS t
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FINAL REGULATORY ANALYSIS FOR PROPOSED AMENDMENTS TO 10 CFR PARTS 50 AND 54 y
i Statement of the Problem On August 31, 1992, the NRC amended 10 CFR 50.71(e) to add an option for the frequency of final safety analysis report (FSAR) update submittals.
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amendment allows nuclear power plant licensees to submit FSAR revisions annually or 6 months after each refueling outage if the interval between t
successive updates to the FSAR does not exceed 24 months. Two other areas of the regulations appear to conflict with this amendment.
Paragraph (a)(3) of 10 CFR 50.54 states that changes to the quality assurance program description j
that do not reduce the commitments must be submitted to the NRC at least annually in accordance with the requirements of 10 CFR 50.71.
Paragraph (b) of 10 CFR 54.37 states that the annual FSAR update required by 10 CFR 50.71(e)
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must include any structures, systems, and components (SSCs) newly determined i
to be important to license renewal. The amendments to 10 CFR 50.54 and 10 CFR 54.37 delete the reference to the previous requirement of annual FSAR I
updates and would reference 10 CFR 50.71(e) without listing the specific requirements of the regulation. The changes make the references to the requirement of FSAR update submittal frequency in these two sections consistent with the requirements of 10 CFR 50.71(e) as amended on August 31, 1992.
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-l Ob.iectives l
The objective of the amendments is to consistently apply the reference of the i
requirement contained in 10 CFR 50.71(e) in other areas of the regulations.
The amendments eliminate confusion about the required frequency of amended quality assurance program description and FSAR update submittals.
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2 Alternatives There are no alternatives to this action. The amendments do not change any reporting requirements; the amendments eliminate confusion about two conflicting references to an existing requirement.
Conseauences Costs and Benefits of Alternatives Nuclear power reactor licensees will not incur any additional costs as a result of the amendments.
Licensees will benefit in that the amendments will eliminate confusion about two conflicting references to an existing reporting requirement.
Impacts on Other Requirements k
There are no impacts on other requirements. As stated above, the amendments will eliminate confusion about two conflicting references to an existing reporting requirement.
Constraints i
There are no constraints on the implementation of the amendments, including l
scheduling, enforceability, policy, or legal considerations.
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Decision Rationale t
The amendments correct conflicting references in the regulations for the frequency of amended quality assurance program description and FSAR update
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submittals.
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Isolementation Schedule for Implementing Proposed Amendments On May 14, 1993, the NRC published the proposed amendments in the Federal Reaister for a comment period of 30 days. The NRC received five letters of public comments.
Four of the commenters supported the proposed changes; one commenter proposed statements to clarify 10 CFR 50.54(a)(3) and recommended revisions to 10 CFR 54.37(c); one commenter also recommended revisions to 10 CFR 50.59. The Commission incorporated the proposed statements to clarify 10 CFR 50.54(a)(3) into the final rulemaking and determined no other changes should be made to the proposed rule based on the public comments.
l Relationship to Other Existing or Proposed Requirements The amendments do not affect other requirements.
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ENCLOSURE 4 i
1 CONGRESSIONAL LETTERS o
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e nan UNITED STATES E D~fl[ 'l NUCLEAR REGULATORY COMMISSION e
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WASHINGTON, D.C. 20555-0001 s, w /
The Honorable Richard H. Lehman, Chairman Subcommittee on Energy and Mineral Resources Committee on Natural Resources United States House of Representatives Washington, D.C.
20515
Dear Mr. Chairman:
Enclosed for the information of the subcommittee is a copy of a Notice of Final Rulemaking to be published in the Federal Reaister. The U.S. Nuclear Regulatory Commission is amending its regulations on power reactor safety to consistently apply the requirement that nuclear power plant licensees submit updates to the final safety analysis report (FSAR) annually or 6 months after each refueling outage. On August 31, 1992, the NRC amended 10 CFR 50.71(e) to allow licensees to submit the FSAR revisions annually or 6 months after each refueling outage. However, paragraph (a)(3) of 10 CFR 50.54 refers to the submittal of quality assurance program descriptions at least annually in accordance with the requirements of 10 CFR 50.71 and paragraph (b) of 10 CFR 54.37 refers to the annual FSAR submittal.
The amendments to 10 CFR Parts 50 and 54 eliminate confusion and make the references to the requirement of FSAR update submittals in these two sections consistent with the amended 10 CFR 50.71(e). The rule does not require a backfit and does not require additional reporting requirements.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Reaister Notice cc: Representative Barbara Vucanovich
4 The Honorable Richard H. Lehman, Chairman Subcommittee on Energy and Mineral Resources Committee on Natural Resources U.S. House of Representatives Washington, D.C.
20515
Dear Mr. Chairman:
Enclosed for the information of the subcommittee is a copy of a Notice of Final Rulemaking to be published in the Federal Reaister. The U.S. Nuclear i
Regulatory Commission is amending its regulations on power reactor safety to consistently apply the requirement that nuclear power plant licensees submit updates to the final safety analysis report (FSAR) annually or 6 months after each refueling outage. On August 31, 1992, the NRC amended 10 CFR 50.71(e) to allow licensees to submit the FSAR revisions annually or 6 months after each refueling outage. However, paragraph (a)(3) of 10 CFR 50.54 refers to the submittal of quality assurance program descriptions at least annually in accordance with the requirements of 10 CFR 50.71 and paragraph (b) of 10 CFR 54.37 refers to the annual FSAR submittal. The amendments to 10 CFR Parts 50 and 54 eliminate confusion and make the references to the requirement of FSAR update submittals in these two sections consistent with the amended 10 CFR 50.71(e). The rule does not require a backfit and does not require additional reporting requirements.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
i Federal Reaister Notice cc: Representative Barbara Vucanovich DISTRIBUTION:
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The Honorable Philip R. Sharp, Chairman Subcommittee on Energy and Power Committee on Energy and Commerce U.S. House of Representatives Washington, D.C.
20515
Dear Mr. Chairman:
l Enclosed for the information of the subcommittee is a copy of a Notice of Final Rulemaking to be published in the Federal Reaister.
The U.S. Nuclear Regulatory Commission is amending its regulations on power reactor safety to consistently apply the requirement that nuclear power plant licensees submit updates to the final safety analysis report (FSAR) annually or 6 months after each refueling outage. On August 31, 1992, the NRC amended 10 CFR 50.71(e) to allow licensees to submit the FSAR revisions annually or 6 months after each refueling outage. However, paragraph (a)(3) of 10 CFR 50.54 refers to the submittal of quality assurance program descriptions at least annually in accordance with the requirements of 10 CFR 50.71 and paragraph (b) of 10 CFR 54.37 refers to the annual FSAR submittal. The amendments to 10 CFR Parts 50 and 54 eliminate confusion and make the references to the requirement of FSAR update submittals in these two sections consistent with the amended 10 CFR 50.71(e). The rule does not require a backfit and does not require additional reporting requirements.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs j
Enclosure:
Federal Reaister Notice cc:
Representative Michael Bilirakis l
The Honorable Philip R. Sharp, Chairman Subcommittee on Energy and Power Committee on Energy and Commerce U.S. House of Representatives Washington, D.C.
20515
Dear Mr. Chairman:
Enclosed for the information of the subcommittee is a copy of a Notice of Final Rulemaking to be published in the Federal Reaister. The U.S. Nuclear Regulatory Commission is amending its regulations on power reactor safety to consistently apply the requirement that nuclear power plant licensees submit updates to the final safety analysis report (FSAR) annually or 6 months after each refueling outage. On August 31, 1992, the NRC amended 10 CFR 50.71(e) to allow licensees to submit the FSAR revisions annually or 6 months after each refueling outage.
However, paragraph (a)(3) of 10 CFR 50.54 refers to the submittal of quality assurance program descriptions at least annually in accordance' with the requirements of 10 CFR 50.71 and paragraph (b) of 10 CFR e
54.37 refers to the annual FSAR submittal.
The amendments to 10 CFR Parts 50 and 54 eliminate confusion and make the references to the requirement of FSAR update submittals in these two sections consistent with the amended 10 CFR 50.71(e). The rule does not require a backfit and does not require additional reporting requirements.
Sincerely, f
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Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Reaister Notice cc: Representative Michael Bilirakis DISTRIBUTION:
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The Honorable Joseph Lieberman, Chairman Subcommittee on Clean Air and Nuclear Regulation Committee on Environment and Public Works i
United States Senate Washington, D.C.
20510
Dear Mr. Chairman:
Enclosed for the information of the subcommittee is a copy of a Notice of Final Rulemaking to be published in the Federal Reaister.
The U.S. Nuclear Regulatory Commission is amending its regulations on power reactor safety to consistently apply the requirement that nuclear power plant licensees submit updates to the final safety analysis report (FSAR) annually or 6 months after each refueling outage. On August 31, 1992, the NRC amended 10 CFR-50.71(e) to j
allow licensees to submit the FSAR revisions annually or 6 months after each refueling outage.
However, paragraph (a)(3) of 10 CFR 50.54 refers to the i
submittal of quality assurance program descriptions at 'least annually in accordance with the requirements of 10 CFR 50.71 and paragraph (b) of 10 CFR 54.37 refers to the annual FSAR submittal.
The amendments to 10 CFR Parts 50 i
and 54 eliminate confusion and make the references to the requ'irement of FSAR i
update submittals in these two sections consistent with the amended 10 CFR i
50.71(e).
The rule does not require a backfit and does not require additional reporting requirements.
Sincerely, r
i Dennis K. Rathbun, Director i
Office of Congressional Affairs Enclosure.
4 Federal Reaister Notice cc: Senator Alan K. Simpson l
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o The Honorable Joseph Lieberman, Chairman Subcommittee on Clean Air and Nuclear Regulation Committee on Environment and Public Works U.S. Senate Washington, D.C.
20510
Dear Mr. Chairman:
Enclosed for the information of the subcommittee is a copy of a Notice of Final Rulemaking to be published in the Federal Reaister. The U.S. Nuclear Regulatory Commission -is amending its regulations on power reactor safety to consistently apply the requirement that nuclear power plant licensees submit updates to the final safety analysis report (FSAR) annually or 6 months after each refueling outage. On August 31, 1992, the NRC amended 10 CFR 50.71(e) to allow licensees to submit the FSAR revisions annually or 6 months after each refueling outage. However, paragraph (a)(3) of 10 CFR 50.54 refers to the submittal of quality assurance program descriptions at least annually in accordance with the requirements of 10 CFR 50,71 and paragraph (b) of 10 CFR 54.37 refers to the annual FSAR submittal. The amendments to 10 CFR Parts 50 and 54 eliminate confusion and make the references to the requirement of FSAR update submittals in these two sections consistent with the amended 10 CFR 50.71(e).
The rule does not require a backfit and does not require additional reporting requirements.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Reaister Notice cc: Senator Alan K. Simpson DISTRIBUTION:
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