ML20151H807

From kanterella
Jump to navigation Jump to search
Responds to 830428 Request for Legal Opinion Re Impact on NRC & Legal Status of IEEE 279-1971 If Std Withdrawn by IEEE Nuclear Power Engineering Committee.Withdrawal of Std Would Not Significantly Affect Availability
ML20151H807
Person / Time
Issue date: 05/27/1983
From: Jakel E
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Danielle Sullivan
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML20151H810 List:
References
NUDOCS 8306290040
Download: ML20151H807 (1)


Text

--.

/is. -

unnvaostavsp f

NUCLEAR RECULATORY COMMISSIOld g

.. e.

g....

t-3..

.. Y O* I'*3

~

MEMDRANDUM FOR:

Donald F. Sullivan 4

EEB, DET, RES FROM:

Eric'E. Jakel Attorney, Regulations Division Office of the Executive Legal Director

SUBJECT:

REQUEST FOR LEGAL OPINION ON POSSIBLE WITHDRAWAL 0F IEEE 279-1971 This is in response to your April 28,1983 memorandum to me concerning the impact on the NE and the legal status of IEEE 279-1971 if this standard is withdrawn by the IEEE Wuclear Power Engineering Committee.

Paragraph (h), " Protection systems " of 10 CFR 50.55a " Codes and standar11s " incorporates by reference the provisions of IEEE 279. Paragraph (h) provides, in part, For construction permits [for light-water-cooled nuclear power reactors] issued after January 1,1971, protection systems shall meet the requirements set i

forth 19, editions or revisions of..Il(of the application IEEE279)in effect u on the formal docket date for a construction permit. [ Text of footnotes emitted.]

For the purposes of 10 CFR 50.55a(h), the NRC determines when a particular edition or revision of IEEE E79 becomes "in effect" and when it has been superseded. See text of footnote 7 to 10 CFR 50.55a.

l Should the IEEE decide to withdraw IEEE 279-1971. CP applicants would still l

be required to meet the provisions of IEEE 279-1971 to satisfy the require-i I

mentsof10CFR50.55a(h). To impose different requirements upon CP j

applicants, the NRC would have to amend i 50.55a(h) and footnote 7 through the rulemaking process.

1 It is my understand 1 that withdrawal of IEEE 279-1971 would not significantly affect ts availability.

{

}

Eric E. Jakel O

l Attorney, Regulations Division j

Office of the Executive Legal Director

( T3o6MO g.

- -