ML20151H807
| 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
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4 MEMDRANDUM FOR: Donald F. Sullivan .
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28,1983 memorandum to me concerning the impact on the NE and the legal status of IEEE 279-1971 if this standard is withdrawn by the IEEE Wuclear Power Engineering Committee.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 IEEE279)in forth 19, effect u oneditions the formal or docket revisions dateof ..Il(of the application 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the NRC determines when a particular edition or revision of IEEE E79 becomes "in effect" and when it has been superseded.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.
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Eric E. Jakel O l Attorney, Regulations Division j Office of the Executive Legal Director
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