ML20059M800

Responds to Ltrs Written to Various NRC Officials Between 930727-0901 & Lists Subjects Re Concerns Expressed

ML20059M800
Person / Time
Issue date:	11/15/1993
From:	Wiggins J Office of Nuclear Reactor Regulation
To:	Reedy R REEDY ASSOCIATES, INC.
References
NUDOCS 9311190332
Download: ML20059M800 (4)

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November 15, 1993

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i Roger F. Reedy Reedy Associates, Inc.

15951 Los Gatt,.; Blvd.

Suite 1 los Gatos, California 95032 '

Dear Mr. Reedy:

This is in response to the letters you have written to various NRC officials between July 27 and September 1, 1993 (References l'- 8).

In those letters i

you expressed concerns regarding.the following subjects.

1)

The NRC position on whether it is acceptable to use editions / addenda of ASME Code Section II which are later than the specific Section II editions / addenda referenced in those Section III and XI.

editions / addenda that have been incorporated by reference into 10 CFR 50.55a; 2)

The NRC position on whether repair and replacement are governed by l

ASME Code Section XI under 10 CFR 50.55a;

3) NRC implementation of the ASME Code with respect to inservice.

leakage; and

4) The NRC's position on the regulatory status of-ASME Code interpretations prepared by the ASME.

With regard to the first issue, you indicated that some NRC staff individuals

'I have interpreted 10 CFR 50.55a as approving only the specific editions / addenda of Section II that are referenced in the specific editions / addenda of Sections i

III and XI which are incorporated by reference into 10 CFR 50.55a. We are l

aware of licensee difficulties in attempting to procure materials which are qualified to editions / addenda of Section II.which are referenced in those editions / addenda of Sections III and XI which are incorporated by reference into 10.CFR 50.55a.

Current practice.is for licensees to employ the latest edition of Section II and then perform reconciliation with the last. edition i

incorporated by reference.

Resolution of this problem is one we.are seeking-to address. in a future revision of 10 CFR 50.55a.

However, it is not possible as a legal matter for the agency to agree, in advance, to future. editions and addenda and the agency.'s regulations may only incorporate by reference j

specifically. identified editions and addenda.

io With regard to.the second issue,-it is the NRC's. position'that repair.and 1

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replacement of ASME Code piping systems are governed by Section XI, and that Regulatory Guide 1.147 applies to the full scope of Section XI activities, l-including repair and replacement.

The NRC has consistently held _this position,whichisconsistentwiththepracticeof1[censees. The impending

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change in the title and scope of Section XI will focusSection XI rules on ensuring pressure boundary integrity during all modes of reactor operation.

We believe there is merit in clarifying'inis issue in 10 CFR 50.55a and will consider appropriate clarifying statements in future revisions.

With respect to the third issue, we note that a Section XI Task Group is currently evaluating the issue of correction of deficiencies discovered during operation.

We believe it is appropriate that.this issue be addressed through the consensus process provided by the Code committees.

Nonetheless, the NRC has other requirements that must be satisfied. The NRC invokes the Code to the extent possible. However, where the Code does not address an issue or where it contradicts the regulations, the regulations transcend the Code. We will continue to implement the regulations to protect the public health and safety.

In response to the fourth issue, we agree that the ASME is the official t

interpreter of the ASME B&PV Code.

Hm.a.er, the NRC's endorsement in 10 CFR 50.55a is limited only to those editions / addenda of the ASME Code which are specifically identified and approved in that section.

The NRC's regulatory endorsement in 10 CFR 50.55a does not extend, absent further NRC review and approval, to interpretations of the ASME Code which are prepared by the ASME.

As stated above, the NRC has requirements that transcend the ASME Code. The NRC is not bound by any ASME interpretation of the ASME Code which is contrary.

to NRC's regulations, or to the expressed purpose for the protection of the public health and safety.

If an ASME Code interpretation either contradicts or is inconsistent with the NRC requirements such as regulations, a license condition, a technical specification, or an NRC order, then NRC requirements take precedence over the ASME Code interpretation.

However, we agree that there should be a system for minimizing uncertainty with respect to NRC i

positions on ASME interpretations of the ASME Code.

Because we feel that, where possible, the best guidance is the result of a combined industry and government interchange, we are forwarding a copy of our r

response to potentially interested Code committee chairmen as a stimulus for encouraging continued efforts to resolve some of these issues.

Your letters have been reviewed by the NRC Office of Nuclear Regulatory Research and the NRC Office of Nuclear Reactor Regulation and this response has been jointly prepared by the two offices.

I J

ies T. Wi g ns, Acting Director D ision of Engineering Office of Nuclear Reactor Regulation i

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References:

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.i 1)

Letter from R. F. Reedy to Dr. T. E. Murley, subject: 10CFR50.55a versus Code editions, dated July 27, 1993.

2)

Letter from R. F. Reedy to Dr. T. E. Murley, subject: Generic Letter 90-05, dated August 11, 1993.

3)

Letter from R. F. Reedy to Dr. T. E. Murley, subject: 10CFR50.55a use of Section XI, dated August 11, 1993.

4)

Letter from R. F. Reedy to Dr. T. E. Murley, subject: Information Notice 93 SI-l and Code interpretations, dated August 23, 1993.

5)-

Letter from R. F. Reedy to Mr. R. H. Vollmer, subject: forwards copy of references 1 - 4, dated August 31, 1993.

6)

Letter from R. F. Reedy to Mr. E. Beckjord, subject: forwards copy of references 1 - 4, dated September 1, 1993.

7)

Letter from R. F. Reedy to Commissioner K. C. Rogers, subject: forwards references 1 - 4, dated September 1, 1993.

j 8)

Letter from R. F. Reedy to Chairman I. Selin, subject: forwards copy of references 1 - 4, dated September 1, 1993.

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