ML20198N151

Requests Commission Approval to Issue Direct Final Rule to Incorporate by Ref Natl Consensus Std in 10CFR50.55a(h), Which Establishes Min Functional & Design Requirements for Power,Instrumentation & Control Portions of Safety Sys

ML20198N151
Person / Time
Issue date:	09/08/1997
From:	Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
SECY-97-201, SECY-97-201-01, SECY-97-201-1, SECY-97-201-R, NUDOCS 9711030125
Download: ML20198N151 (41)

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fieptember 8.1997 RULEMAKING ISSUE stcr-97-20i EQB: TheCommissioners (Affirmation)

FROM- L. Joseph Callan Executive Director for Operations

SUBJECT:

CHANGES TO PARAGRAPH (h) OF 10 CFR PART 50.55a,' CODES AND STANDARDS

• PURPOSE:

To request Commission approval to issue a direct final rule to incorporate by reference a national consensus standard in 10 CFR 50.55a(h), which establishes minimum functional and design requirements for the power, instrumentation, and control portions of safety systems for nuclear power plants.

CATEGORY:

This paper covers a routine matter.

DAQKGROUNQ:

In 10 CFR Part 50,' Domestic Licensing of Production and Utilization Facilities," 9 50.55a(h) requires that the protection cystems in nuclear power plants must meet the requirements set forth in the Institute of Electrical and Electronics Engineers (IEEE) Std. 2791971, ' Criteria for Protection Systems for Nuclear Generating Statior,s." However, IEEE Std. 279-1971 is obsolete and has been withdrawn by lEEE. This standc,d has been superseded by lEEE Std.

603-1991, " Criteria for Safety Systems for Nuclear Power Generating Stations." ,

in November 1995, the NRC staff issued for public comment a draft regulatory guide, DG-1042, which was proposed Revision 1 to Regulatory Guide 1.153, ' Criteria for Safety Systems.' This draft regulatory guide proposed to endorse IEEE Std. 603-1991 (including the correction sheet dated January 30,1995). Because there were no adverse public c7mments to Revision 1 to Regulatory Guide 1.153, the staff believes that there is general public consensus that IEEE Std. 603-1991 provides acceptable criteria for safety systems in nuclear power plants. , s/

v <5 i ~l li DISCUSSION: r. --

( 4 l. r / ') Ux The issuance of this direct final rule is consistent with the provisions of the National Technology '

Transfer and Advancement Act of 1995, P.L 104113, which encourages Federal regulatory "J' 'h agencies to consider adopting consensus industry standards as an attemative to de novo / - C " "'~

g pr }j u r.r ,o' CONTACT: NOTE: TO BE MADE PUBLICLY AVAILABLE WHEN Satish Aggarwal, RES THE FINAL SRM IS MADE AVAILABLE 415-6005 WyOgg5 WM ljjlll(lllg lll}llllll t $7_-SD8_R____ PDR / ' '

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2 agency development of standards affecting an industry. The rule would mandate the use of IEEE Std. 603-1991 for future nuclear power plants, including final design approvals, design certifications and combined licenses under 10 CFR Part 52. Current licensees may continue to meet the requirements set forth in the edition or revision of IEEE Std. 279 in effect on the formal date of their application for a construction permit or may, at their option, use IEEE Std. 603-1991, provided they comply with all applicable requirements for making changes to their licensing basis. However, changes to protection systems in operating nuclear power plants initiated on or after January 1,1998, must meet the requirements in IEEE Std. 603-1991.

In view of the lack of adverse comment received by the NRC s'aff on the draft Revision 1 to Regulatory Guide 1.153, ' Criteria for Safety Systems,' the rule will be published as a ' direct final rule.' The direct final rule would become effective 90 days after publication in the Federal Register. If the NRC receives significant adverse comments within 45 days sier publication, then the NRC will publish a document that withdraws this action, and will address the comments received in response to an identical proposed rule which is being concurrently published in the proposed rule section of the Federal Register. Any significant adverse comments will be addressed in a subsequent final rule. The NRC will not initiate a second comment period on this action.

For purposes of this rule, the terms ' protection systems,' ' safety systems," and ' safety related systems' are synonymous.

COORDINATION:

The Office of Chief Information Officer has reviewed the direct final rule for information technology and information management implications and concurs in it. The Chief Financial Officer has no comments on this final rule. Both the ACRS and the CRGR support the proposed action. The Office of the General Counsel has no legal objection.

RECOMMENDATION:

That the Commission:

1. Acorove for publication in ths Federal Register the direct final rule amending 10 CFR Part 50.55a (h) (Attachment 1).

2. Acorove for publication in the Federal Register an identical proposed rule (Attachment 2).

3. Note:

a. That the direct final rule would become effective 90 days after publication in the Federal Register,

b. That the rule does not constitute a " major rule" for purposes of the Small Business Regulatory Enforcement Faimess Act; therefore, it is not subject to the 60-day congressional review period prior to effectiveness. However, the i

_ = _ _ . -- -. . _ . . . .

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3 appropriate congressional committees will be informed of this action .

(Attachment 3).  !

c. That a regulatory analysis is included (Attachment 4).

d. That an Environmental Assessment and finding of no significant impact is included (Attachment 5),

e. That approval by the Director of the Federal Register will be obtained for incorporating by reference a national consensus standaid (Attachment 6).

t L. pseph Callan Executive Director for Operations Attachments:

1. Federal Register Notice of Amendment: Direct Final Rule

2. Proposed Rule

3. Draft Congressional Letters

4. Regulatory Analysis

5. Environmetal Assessment

6. Draft Letter to Direcer of Federal Register Commissioners' comments or consent should be provided directly to the Office of the Secretary by COB Wednesday. September 24, 1997. ,

i Commission Staff Office comments, if any, should be submitted to the Commissioners NLT September 17, 1997, with an information copy to the Office of the Secretary.

If the paper is of such a nature that it requires additional review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.

This paper is tentatively scheduled for affirmation at an Open Meeting during the Week of October 13, 1997. Please refer to the appropriate Weekly Commission Schedule, when published, for a specific date and time.

DISTRIBUTION:

Commissioners CIO OGC CFO OCAA- EDO OIG- REGIONS OPA SECY OCA ACRS

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[7590-01 P]

NUCLEAR REGULATORY COMMISSION 10 CFR Part 50  !

RIN 3150 AF73 f I

Codes and Standards;IEEE ,

National Consensus Standard i

AGENCY: Nuclear Regulatory Commission. i ACTION: Direct final rule.

I

SUMMARY

The Nuclear Regulatory Commission is amending its regulations to incorporate by reft,ence IEEE Std. 603-1991, a national consensus standard for power, instrumentation, .

-v and control portions of safety systems in nuclear power plants. This action is necessary to endorse the latest version of this national consensus standard in NRC's regulations, and replace an IEEE standard currently endorsed in the NRC's regulations which has been withdrawn by the IEEE.

EFFECTIVE DATE: The final rule is effective on (90 days after publication in the Federal  ;

Register), unless significant adverse comments are received by (45 days after publication in the Federal Register). If the effective date is delayed, timely notice will be published in the Federal LRegister, The incorporation by reference of IEEE Std.' 603-1991 is approved by the Director of the Federal Register as of (90 days after publication). I Attachment 1 3

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2 ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DU 20555-0001; Attention: Rulemaking and Adjudications Staff. Hand deliver comments to 11555 Rockville Pike, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. on Federal workdays.

FOR FURTHER INFORMATION CONTACT: Satish K. Aggarwal, Senior Program Manager, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301) 415-6005, Fax (301) 415-5074 (e-mail: SKA@NRC. GOV).

SUPPLEMENTARY INFORMATION:

NRC considers this rulemaking, which endorses IEEE Std. 603.1991, to be noncontroversial because, as noted in the backgrourd discussion, there was no adverse public comment on the regulatory guide endorsing this standard. Accordingly, the Commission finds that public notice and opportunity for comment are unnecessary pursuant to S U.S.C. 553(b)(B). Thus, the Commission is publishing this rule in final form without seeking public comments on the amendment in a proposed rule. This action will become effective on (90 days after publication). However, if the NRC receives significant adverse comments by (45 days after publication), then the NRC will publish a document that withdraws this action, and will address the comments received in response to an identical proposed rule which is being concurrently published in the proposed rules section of this Federal Register. Any significant adverse comments will b1 addressed in a subsequent final rule. The NRC will not initiate a second commer,t period on this action in the event the direct final rule is withdrawn.

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Background

in 10 CFR Part 50, ' Domestic Licensing of Production and Utilization Facilities,'

50.55a requires that the protection systems in nuclear power plants meet the requirements set forth in IEEE Std. 279, 'Crito la for Protection Systems for Nuclear Power Generating Stations,' in effect on the formal docket date of the application. However, IEEE Std. 279 is obsolete, has been withdrawn by lEEE and has now been superseded by IEEE Std. 603-1991, P

' Criteria for Safety Systems for Nuclear Power Generating Stations."

In November 1995, the NRC staff issued for public comment a draft regulatory guide, DG-1042, which was proposed Revision 1 to Regulatory Guide 1.153,

• Criteria for Safety Systems." This draft regulatory guide proposed to endorse IEEE Std. 6031991 (including the correction sheet dated January 30,1995). Because there were no adverse public comments to Revision 1 to Regulatory Guide 1.153, the Commission believes that there is general public consensus that IEEE Std. 603-1991 provides acceptable criteria for safety systems in nuclear power plants.

Discussion The direct final rule incorporates a national consensus standard, IEEE Std. 603-1991, for establishing minimal functional and design requirements for power, instrumentation, and control portions of safety systems for nuclear power plants into NRC regulations. This action is consistent with the provisions of the National Technology Transfer and Advancement Act of 1995, Pub. L.104-113, which encourages Federal rsgulatory agencies to consider adopting industry consensus stand:rds as an attemative to de novo age.ncy development of standards

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affecting an industry. This action is also consistent with the NRC policy of evaluating the latest versions of national consensus standards in terms of their suitability for endorsement by regulations or regulatory guides.+

Currently,10 CFR 50.55 a (h) specifies that ' protection systems' for plants with construction permits issued after January 1,1971, must meet the requirements in IEEE Std. 279 in effect on the formal docket date of the application for a construction permit. lEEE Std.

279, states that a ' protection system' encompacses all electric and mechanical devices and circuitry (from sensors to actuMJon device input terminals) involved in generating those signals associated with the protective function. These signals include those that actuate reactor trip and that, in the event of a serious reactor accident, actuate engineered safeguards such as containment isolation, core spray, safety injection, pressure reduction, and air cleaning.

' Protective Function

• is defined by lEEE Std. 279, as

• the sensing of one or more variables associated with a particular generating station condition, signal processing, and the initiation and completion of the protective action at values of the variables established in the design bases."

IEEE Std. 6031991, uses the term " safety systems" rather than "prntection systems." A

" safety system' is defined by lEEE Std. 603-1991, as *e system that is relied upon to remain functional during and following design basis events to ensure: (1) the integrity of the reactor coolant pressure boundary, (ii) the capability to shut down the reactor and maintain it in a safe shut down condition, or (iii) th capability to prevent or mitigate the consequences of accidents that could result in potential off site exposures comparable to the 10 CFR Part 100 guidelines.

A *shiety function' is defined by IEEE Std. 603-1991, as "one of the processes or conditions

5 (for example, emergency negative reactivity insertion, post accident heat removal, emergency core cooling, post-accident radioactivity removal, and containment isolation) essential to maintain plant parameters within acceptable limits established for a design basis event."

The Commission considers that the systems covered by IEEE Std. 603-1991 andIEEE Std. 279-1971 are the same. Therefore, for purposes of paragraph (h) of 10 CFR 50.55a,

' protection systems," and ' safety systems' are synonymous. The Commission notes that these two terms are also synonymous with the term ' safety-related systems," used elsewhere in Commission's regulations. Therefore, licensees are expected to apply lEEE Std. 279-1971 and IEEE Std. 603-1991, as appropriate, to ' safety-related systems."

This rule mandates the use of IEEn Std. 603-1991 (including the correction sheet dated January 30,1995) for future nuclear power plants, including final design approvalc, design certifications and combined licenses under 10 CFR Part 52. Current licensees may continue to meet the requirements set forth in the edition or revision of IEEE Std. 279 in effect on the formal date of their application for a construction permit or may, at their option, use IEEE Std. 6031991, provided they comply with all applicable requirements for making changes to their licensing basis. However, changes to protection systems in operating nuclear power plants initiated on or after January 1,1998 must meet the requirements in IEEE Std. 603-1991. For purposes of this rule, ' changes' to protection systems include (l) modifications, augmentation or replacement of protection systems pennitted by license amendments, (ii) changes made by the licensees pursuant to procedures in 10 CFR 50.59, and (iii) plant-specific departures from a design certification rule under 10 CFR Part 52. Inkind (like-for-like) replacement of protection system components are not considered changes to the protection systems.

Section 3 of IEEE Std. 603-1991 references severalindustry codes and standards. If the referenced standard has been endorsed in a regulatory guide, the standard constitutes a

O method acceptable to the Commission of meeting a regulatory requirement as described in the regulatory guide. If a referenced standard has not been endorsed in a regulatory guide, the licensees and applicants may consider and use the information in the referenced standard consistent with current regulatory practices.

Electronic Access You may also provide comments via the NRC's interactive rulemaking website through the NRC home page (http;//www.nrc. gov). This site provides the availability to upload comments as files (any format), if your web browser supports that function. For information about the interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415-5905 (e-mail:

CAG@nre. gov).

Finding of No Environmentalimpact: Availability of Environmental Assessment The Commission has determined under the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in Subpart A of 10 CFR Part 51, that this rule would not be a major Federal action significantly affecting the quality of ine human environment and, therefore, an environment impact statement is not required. The Commission has prepared an Environmental Assessment supporting this finding of rio significant environmental impact.

The NRC has sent a copy of the environmental assessment and a copy of the Federal Register Notice to every State liaison officer and requested their comments on the

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environme-tal assessment. The environmental assessment is available for inspection at the NRC Public Document Room,2120 L Street NW., Washington, DC. Also, the NRC has I

committed itself to complying in all its actions with the Presidential Executive Order # 12898-Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations, dated February 11,1994. Therefore, the NRC also has determined that there are no disproportionate, high, and adverse impacts on minority and low-income populations. The NRC uses the following working definition of environmentaljustice: environmentaljustice means the fair treatment and meaningful im*olvement of all people, regardless of race, ethnicity, culture, income, or educationa! ..el with respect to the development, implementation, and enforcement of environinentallaws, regulations and policies.

Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.). Existing requirements were approved by the Office of Management and Budget. approval No. 3150-0011.

Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information ur,less it displays a currently valid OMB control number.

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Regulatory Analysk i f

The Commission has prepared a regulatory analysis which shows that the proposed amendment does not impose any new requirements or costs on current licensees who do not  ;

make changes to safety systems. However, licensees planning or proposing changes to power and instrumentation & control systems will be impacted because they will be required to meet {

the requirements of IEEE Std. 603-1991 for the changes even though the remainder of the t

plant power and l&C systems are only required to meet their current licensing lasis. The draft I

regulatory analysis is available for inspection in the NRC Public Document Room, 2120 L Street, NW., Washington, D.C. j Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the Commission t certifies that this rule will not have a significant economic impact on small entities. This rule affects only the operation of nuclear power plants. The companies that own these plants do not

, fall within the scope of the definition of 'small entities

• set forth in the Regulatory Flexibility Act or the small business size standards adopted by the NRC (10 CFR 2.810). Since these .  :

companies are dominant in their service aroas, this rule does not fall within the purview'of the i

Act.

Backfit Analysis ,

The rule requires applicants and holders of new construction permits, new operating  ;

licenses, new final design approvals, new design certifications and combined licenses to comply -

9 with IEEE Std. 6031991 (including the correction sheet dated January 30,1995). Changes to protection systems in existing operating plants initiated on or after January 1,1998 must meet the requirements of IEEE Std. 6031991. IEEE Std. 279 will continue to apply to existing nuclear power plants that do not make any changes to their protection systems, but the rule permits the licensee the option of meeting IEEE Std. 603-1991.

The backfit rule was not intended to apply to regulatory actions which change expectations of prospective applicants, and therefore the backfit rule does not apply to the -

portion of the rule applicable to new construction permits, new operating licenses, new final design approvals, new design certifications and combined licenses. This rule does not change 1

the licensing basis (i.e., IEEE Std. 279) for plants that do not intend to make any changes to their power and instrumentation and control systems. However, the rule would require future changes to existing power and instrumentation and control portions of protection systems to comply with the new standard. This would not be considered a backfit, since the changes are vd.4ntarily initiated by the licensee, or separately imposed by the NRC after a separate backfit analysis. This is consistent with past NRC practice and the discussions on backfitting in "Value-Impact Statement

• prepared for Revision 1 to Regulatory Guide 1.153. A copy of the Value-Impact Statement is available for inspection or copying for a fee in the Commission's Public Document Room at 2120 L Street NW., Washington, DC, under Task DG 1042, in summary, the NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this direct final rule because it does not impose any backfits as defined in 10 CFR 50.109(a)(1) and, therefore, a backfit analysis has not been prepared for this direct final rule.

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Small Business Regulatory Enforcement Fairness Act in accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination  !

i with the Office of Information and Regulatory Affairs of OMB.

List of Subjects in 10 CFR Part 50 A atrust, Classified Information, Criminal penalties, Fire protection, incorporation by reference, Intergovemmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting entaria, and 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 Reorganizations Act of 1974, as amended, and 5 U.S.C.

552 and 553, the NRC is adopting the following amendment to 10 CFR Part 50.

Part 50 - Domestic Licensing of Production and Utilization Facilities

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

}

AUTHORIT(: 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, 86 Stat.1242, as amended, 1244,1246 (42 U.S.C. 5841, 5842, 5846). >

. Section 50.7 also issued under Pub. L.95-601, sec,10,92 Stat. 2951 (42 U.S.C.

11 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, and 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.124S (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 Siat.

939 (42 U.S.C. 2152). Sections 50.80 - 50.81 also iscued 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 9 50.55a, paragraph (h) is revised to read as follows:

9 50.55a Ccdes and standards.

(h) Protection and Safety Systems. (1) IEEE Std. 603-1991 and the correction sheet dated January 30,1995, which are referenced in paragraph (h)(3) and (h)(4), are approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C.

552(a) and 1 CFR Part 51. A notice of any changes made to the materialincorporated by reference will be published in the Federal Register. Copies of IEEE Std. 603-1991 may be purchased from the Institute of Electrical and Electronics Engineers Service Center,445 Hoes Lane, Piscataway, NJ 08855. It is also available for inspection at the NRC Library,115/3

. . i 12 l Rockville Pike, Rock.i.1e, MD 20852-2738, and at the Office of the Federal Register,800 North i Capital Street, NW, Suite 700, Washington, DC. IEEE Std 279, which is referonood in paragraph (h)(2) of this section was approved for incorporetion by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFTt Part 51. Copies of this standard are also available as indicated for IEEE Std. 603 1991,-

(2) Definitions.  ;

i (l) For purposes of this paragraph the terms " protection systems,'

• safety systems,"

and " safety-related systems' are synonymous.

(ii) Changes to protection systems include modification, augmentation or replacement-of protection systems permitted by license amendments, changes to protection systems made by licensees pursuant to 10 CFR 50.59, and plant specific departures from a design certification rule under 10 CFR Part 52.

(3) Protection systems. For nuclear power plants with construction permits issued after January 1,1971, but prior to January 1,1998, protection systems must meet the requirements set forth either in the Institute of Electrical and Electronics Engineers (IEEE) Std. 279, " Criteria for Protection Systems for Nuclear Power Generating Stations," or in IEEE Std. 603-1991,

" Criteria for Safety Systems for Nuclear Power Generating Stations," and the correction sheet f dated January 30,1995. However, changes to protection systems initiated on or after January 1,1998 must most the requirements set forth in IEEE Std. 603-1991, and the correction sheet dated January 30,1995. .

. (4) Safety systems. For construction permits, operating licenses, final design approvals, design certifications and combined licenses issued on or after January 1,1998, l

safety systems must meet the requirements set forth in IEEE Std. 603-1991, and the {

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correction sheet, dated January 30,1995.

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13 Dated at Rockville, Maryland, this day of 1997.

For the Nuclear Regulatory Commission.

John C. Hoyle, Secretary of the Commission.

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[7590-01 P]

NUCLEAR REGULATORY COMMISSION i0 CFR Part 50 RIN 3150-AF73 r Codes And Standards; IEEE National Consensus Standard AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission is amending its regulations to incorporate ,

by reference IEEE Std 603-1991, a national consensus standard for power, instrumentation, and control portions of safety systems in nuclear power plants. This action is necessary to codorse the latest vension of this national consensus standard in NRC's regulations, and replace an IEEE Standard currently endorsed in the NRC's regulations which has been withdrawn by the IEEE.

DATE: Comments on the proposed rule must be received on or before (45 days after publication).

- ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; Attention: Rulemaking and Adjudications Staff. Hand deliver Attachment 2

2 i l

l comments to 11555 Rockville Pike, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. on Federal workdays.

Copies of any comments received may be examined at the NRC Public Document i

Room, 2120 L Street, NW, (lower level), Washington, DC.

For information on submitting comments electronically, see the discussion under Electronic Access in the Supplementary Information Section.

FOR FURTHER INFORMATION CONTACT: Satish K. Aggarwal, Senior Program Manager, <

Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301) 415-6005, Fax (301) 415-5074, E mail: SKA@NRC. GOV SUPPLEMENTARY INFORMATION:

For additional information, see the direct final rule published in the Rules and Regulations Section of this Federal Register.

Procedural Background Because NRC considers this rulemaking noncontroversial, we are publishing this proposed rule concurrently as a direct final rule. The direct final rule will become effective on (90 days after publication). However, if the NRC receives significant adverse comments on the direct final rule by (45 days after publication), then the NRC will publish a document that withdra, a the direct finalrule. If the direct final rule is withdrawn, the NRC will address the

3-comments received in a subsequent final rule. The NRC will not initiate a second comment period on this action in the event the direct final rule is withdrawn.

Electronic Access You may also provide comments via the NRC's interactive rulemaking website through the NRC home page (http;//www.nrc. gov). This site provides the availability to upload comments as files (any format), if your web browser supports that function. For information about the interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415-5905 (e-mail:

CAG@nrc. gov).

List c: Subjects in 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, and 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 Reorganizations Act of 1974, as amended, and 5 U.S.C.

552 and 553, the NRC is adopting the following amendment to 10 CFR Part 50.

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. 936,937

4 938,948,953,954,935,956, 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 a:nended,202, 206, 88 Stat.1242, as amended, 1244,1246 (42 U.S.C. 5841,5842,5846).

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, and 50.54 (dd), and 50.103 also issued under sec.108,68 Stat. 939, as rmended (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, Puo. 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 S 50.55a, paragraph (h) is revised to read as follows:

9 50.55a Codes and standards.

(h) Protection and Safety Systems. (1) IEEE Std. 603-1991, including the correction sheet dated January 30,1995, which is referenced in paragraph (h)(3), are approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C.

5 552(a) and 1 CFR Part 51. A notice of any changes made to the materialincorporated by reference will be published in the Federal Register. Copies of IEEE Std. 6031991 may be purchased from the Institute of Electrical and Electronics Engineers Service Center,445 Hoes l Lane, Piscataway, NJ 08855. It is also available for inspection at the NRC Library,11545 Rockville Pike, Rockville, MD 20852 2738, and at the Office of the Federal Register,800 North Capital Street, NW, Suite 700, Washington, DC. IEEE Std. 279, which la referenced in paragraph (h)(2) of this section was approved for incorporation by reference by the Director of the Federal Register in accordarq with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies of this standard are also available as indicated for IEEE Sid. 603-1991.

(2) Definitions.

(i) For purposes of this paragraph the terms ' protection systems,"

• safety systems,"

and " safety related systems' are synonymous. >

> (ii) Changes to protection systems include modification, augmentation or replacement of protection systems permitted by license amendments, changes made to protection systems by licensees pursuant to 10 CFR 50.59, and plant specific departures from a design certification rule under 10 CFR Part 52.

(3) Protection systems. For nuclear power plants with construction permits issued after January 1,1971, but prior to January 1,1998, protection systems must meet the requirements set forth in either the institute of Electrical and Electronics Engineers (IEEE) Std. 279,

• Criteria for Protection Systems for Nuclear Power Generating Stations," or in IEEE Std. 603-1991,

" Criteria for Safety Systems for Nuclear Power Generating Stations," and the correction sheet dated January 30,1995. However, changes to protection systems initiated on or after January 1,1998 must meet the requirements set forth in IEEE Std. 6031991, and the correction sheet dated January 30,1995.

r

. I, e *

• 6 (4) Safety systems. For construction permits, operating licenses, final design approvals, des 9 1 n certifications and combined licenses issued on or after January 1,1998, .

safety systems must meet the requirements set forth in IEEE Std. 603-1991, and the  ;

correction sheet, dated January 30,1995.  ;

i Dated at Rockville, Maryland, this', day of .1997.  ;

For the Nuclear Regulatory Commission. i.

i John C. Hoyle, 4 Secretary of the Commission. l

?

September 3,1997 l 9

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The Honorable Al Gore President of the United States Senate Washington, DC 20519

Dear Mr. President:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submluing a direct final rule that will amend the Commission's rules in 10 CFR Part $0.55a. Specifically, Paragraph (h) will be amended to incorporate by reference lastitute of Electrical & Electronics Engineers (IEEE) Std. 603-1991, a national consensus standard for power, instrumentation, and  ;

. control portions of safety systems in nuclear power plants. This action is necessary to

.ndorse the latest version of this national consensos standard in the NRC's regulations, and replace an IEEE standard currently endorsed in the NRC's regulations which has been withdrawn by the IEEE. 1 We have determined that this is not a " major rule" as defined in 5 U.S.C. 804(2). We have confirmed this detenninstion with the Omce of Management and Budget.

Enclosed is a copy of the direct final rule and the proposed rule, which are being transmitted to the Federal Register for publication. Also enclosed is a copy of the Regulatory Analysis for this direct final rule. The dire- ( Jinal rule will become c'rective 90 days after publication in the Federal Register unless significant adverse comments are .

received.

Sincerely, j

Dennis K. Rathbun, Director Office of Congressional Affairs Enclosurcu as stated

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The Honorable Newt Gingrich Speaker of the United States House of Representatives Washington, DC 20515 1

Dear Mr. Speaker:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a direct final rule that will amend the Commissisa's rules in 10 CFR Part 50.55m. Specifically, Paragraph (h) will be amended to incorporate by reference Institute of Electrical & Electronics Engineers

- (IEEE) Std. 603-1991, a national consensus standard for power, instrumentation, and - ,

control portions of sal'ety systems in nuclear power plants. This action is necessary to .

endorse the latest version of this national consensus standard in the NRC's regulations, and replace an IEEE standard currently endorsed in the NRC's regulations which has been withdrawn by the IELI.

We have determined that this is not a " major rule" as defined in 5 U.S.C. 804(2). We have confirmed this deterininstion with the Office of Manapment and Budget.

Enclosed is a copy of the direct final rule and the proposed rule, which are being trannnitted to the Federal Register for publication. Also enclosed is a copy of the Regulatory Analysis for this direct final rule. The dir ect final rule will become effective 90 days after puMication in the Federal Register unless significant adverse comments are received.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosures:

as stated

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_______ _ ___ _ _____._____._-__. _m_.m

p Mr. Robert Murphy General Counsel General Accounting Omce Room 7175 441 G St., NW.

Washington, DC 20548

Dear Mr. Murphy:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC)is submitting a direct final rule -

that will amend the Commission's rules in 10 CFR Part 50.55a. Specifically, Paragraph (b) will be amended to incorporate by reference Institute of Electrical & Electronics Engineers (IEEE) Std. 603-1991, a national consensus standard for power, instrumentation, and control portions of safety systems in nuclear power plants. This action is necessary to endorse the latest version of this national consensus standard in the NRC's regulations, and replace an IEEE standard currently endorsed in the NRC's regulations which has been - ,

withdrawn by the IEEE.

We have determined that this is not a " major rule" as defined in 5 U.S.C. 804(2). We 5. ave confirmed this determination with the Office of Management and Budget.

Enclosed is a copy of the direct final rule and the proposed rule, which are being transmitted to the Federal Register for publication. Also enclosed is a copy of the Regulatory Analysis for this direct final rule. The direct final rule will become effective 90 days after publication in the Federal Register unless significant adverse comments are received.

Sincerely, Dennis K. Rathbun, Director Omce of Congressional Affairs

Enclosures:

as stated DRAFT

- e, The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property ard Nuclear Safety Committee on Environment and Public Works Un_ited States Senate Washington, DC 20510 ,

Dear Mr. Chairman:

The NRC has sent to the Office of the Federal Register for publication the enc!osed  ;

amendment to the Commission's rulea in 10 CFR Part 50.55a (h). This rule will be amended to incorporate by reference institute of Electrical & Electronics Engineers (IEEE) Std. 603.1991, a nat;onal consensus standard for power, instrumentation, and control portions of safety systems in nuclear power plants. This action is necessary to endorse the latest version of this national consensus standard in the NRC's regulations, and replace an IEEE standard currently endorsed in the NRC's regulations which has

- been withdrawn by the IEEE.

The Commission is issuing this direct final rule with an effective date 90 days after publication in the Federal Register unless s6gnificantly adverse comments are received.

Sincereby, 4

Dennis K. Rathbun, Director Ofilce of Congressional Affairs i

Enclosure:

as stated cc: Senator Bob Grahm.

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y. ,o The Honorable Dan Schaefer, Chairman - .

4 Subcommittee on Energy and Powar Committee un Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The NRC has sent to the Office of the Federal Register for publication the enclosed amendment to the Commission's rules in 10 CFR Part 50.55a (h). This rule will be -

amended to incsrporate by reference Institute of Electrical & Electronics Engineers (IEEE) atd. 603-1991, a national consensus standard for power, instrumentation, and control portions of safety systems in nuclear power plants. This action is necessary to endorse the latest version of this national consensus standard in the NRC's regulations,'

and replace an IEEE standard currently endorsed in the NRC's regulations which has been withdrawn by the IEEE.

The Commission is issuing 31s direct final rule with an effective date 90 days after publication in the Federal Register unless significantly adverse commenta are received.

Sincerely, <

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

as stated cc: Reprentative Ralph Hall s

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.,-. 3 REGULATORY ANALYSIS 1

.1.' Prahtam:

The Commission regulations currently incorporates by reference an obst lete' national i

' consensus standard, which was withdrawn by lEEE. This standard ww replaced by .

I

- IEEE Std.; 603-1991 (and the correction sheet dated January 30,199a. wbbh is a .

significant improvernent over IEEE Std. 279-1971. The latest standard provides clear 4 explanations to the general criteria provided in the eariier standard. NRC proposes to update 10 Ct-R 50.55a (h) to reference IEEE Std. 603-1991 in order to reflect current -

1 technology.E l

2. Alternative Approachen:

The altemative approaches to the action described in the direct final rule are:

(i) Take no action.

(ii) Prescribe a detailed approach. ,

The first altemative, taking no action, would mean that the NRC would continue to rely upon an obsolete standard. -This will not utilize the current technology and benefit from 4 4

the operating experience gained over the past 20 years. This option is not acceptable, since the criteria contained in IEEE Std. 603-1991 will provide a means of promoting safe practices for design and evaluation of future nuclear power plants' safety systems performance and reliability.

[

The second anomative, prescribing a detailed approach, would impose an unmanageable burden on the NRC technical staff, particularly in an era of declining budgets and resourcer. It also overlooks the benefits derived from the' consensus process and the technical experience and expertise in the IEEE technical committees.

Therefore, this sitemative is not acceptable.

3. Value andImpact:

IEEE Std. 603-1991 would apply to futura nuclear power plants, including final design

- approvals, design certifications and combined licenses under 10 CFR Part 52. j lasuing the proposed amendment is consistent with the NRC policy of evaluating the latest versions of natione' consensus standards in terms of their suitability for endorsement. NRC regulations and/or regulatory guides should reflect current =

1 technology.

The current licensing basis (i.e. IEEE Std. 279) for protection systems would not Attachment 4

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I 4

2 change for plants which do not intend to make any changes to theli power and l&C systems. Thus, this proposed amendment does not impose any new requirements or costs on current licensas. However, licensees proposing changes to protection systems will be impacted bect use they would be rc. quired to meet the criteria of IEEE Std. 603-1991 for the changes even though the remainder of plant power and l&C systems meets the current licensing basis as defined in IEEE Std. 279. Undoubtedly, IEEE Std. 603-1991, is an improved standard.

4.

Conclusion:

Endorsement of IEEE Std. 603-1991 addrosses the stated problems aiid minimizes the staff resources that would be expected in developing design certification "from scratch" for new advanced nuclear power plants. This action is consistent with the provisions of ths National Technology Transfer and Advancement Act of 1995, Pub. L.104-113.

5. DecisionalRationale:

Based on the lewer impact end highest value for problem solution capability, the attemative of endorsing IEEE Std. 603-1991 as presented in the direct final rule has been chosen.

• ~

.s.o 4

ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT ENVIRONMENTAL ASSESSMENT Identification tofRulemaking:

The NRC is proposing to amend 10 CFR 50.55a, which defines the squirements for applying national consensus standards. Paragraph "h" of this section currently requires that protection systems in nuclear power plants meet the requirements set forth in IEEE ~

Std. 279," Criteria for Protection Systems for Nuclear Generating Stations." However, IEEE Std. 279-1971 is obsolete and has been withdrawn by IEEE. This standard has now been superseded by IEEE Std. 603-1991," Criteria for Safety Systems for Nuclear Power Generating Stations."

The proposed amendment to 10 CFR 50.55a (h) would require that for construction permits, operating licenses, combined licenses, and design certifications, issued on or after January 1,1998, the safety systems meet the requirements set fonh in IEEE Std. 603-1991. Changes to safety systems in existing operating power plants initiated after January 1,1998 must also meet the requirements ofIEEE Std. 603-1991.

The Needfor the Rulemaking: .

The current regulation,10 CFR 50.55a (h), is obsolete because it incorporates by reference IEEE Std. 279, which has been withdrawn by IEEE. NRC proposes to update this reference to a national consensus standard to reflect current technology. The Commission has concluded that IEEE Std. 603-1991 is a significant improvement over IEEE Std. 279-1971. The latest standard provides clear explanations to the general criteria provided in the earlier standard. It also includes criteria for shared systems and covers considerations of human factors, clarification of the criteria for interaction between sense and command features and other systems, and clarifications of the design basis event requirements for critical points in tima or the plant conditions.

Thus, it is in the interest of the public health and safety for the Commission to adopt later versions of the IEEE systems criteria document. By providing clearer guidance on the criteria for safety systems, and by including criteria on related issues, IEEE Std. 603-1991 offers an improvement to health and safety by reducing the potential for misunderstanding of the criteria for safety systems.

Attachment 5

• • p.

2 EnvironmentalImoact of the Rulemaking:

The Commission has completed its evaluation of the final rulemaking and concluded that these criteria contained in IEEE Std. 603-1991 will provide a means of promoting safe practices for design and evaluatio*1 of safety systems performance and reliability by providing clear guidance for criteria for safety systems. It is, thus, expected that the fm' al rule will reduce the probability or consequences of an accident. The Commission also concluded that the final rule will not affect the amount and type of effluent that may be released off-site and there should be no significant increase in individual or cumulative occupational radiation exposure.

Accordingly, the Commission concludes that tlus final rule will result in no significant radiological environmental impact.

The final mie does not affect non-radiological plant effluent and has no other environmental! upact. Therefore, the Commission concludes that there are no significant non-radiological environmental impacts associated with the amendment.

. Alternatives to the ProposedAmendment:

One altemative to incorporating by reference into NRC regulations the updated IEEE Std. 603-1991, would be to take no action. This would mean that the NRC would continue to rely upon an obsolete industry standard, which has been withdrawn by IEEE.

This option will not utilize the current state-of-technology and benefit from the operating experience gained over the past 20 years. This is not acceptable since the improvements in IEEE Std. 603-1991 can reduce the probability or consequences of an accident with no adverse impact on the emironment or occupational exposure.

A second alteinative would be to incorporate the entire text ofIEEE Std. 603-1991 into the NRC regulations. This approach is not practicable.

Alernative Use ofResources:

This action does not involve the use of any resources not previously considered in other rulemakings.

I States Consulted and Sources Used:

1 The Commission would mail this draft environmental assessment to the States for their comments.

i

• $ *+

DRAFT Mr. P.aymond A. Mosley, Director Office of the Federal Register National Archives and Records Administration Washington, DC 20408

Dear Mr. Mosley:

In accordance with 1 CFR part 51, we request that you approve the incorporation by reference of the material listed below in the Code of Fedel 1 Regulations (CFR). A copy of the material is enclosed. The following material will be referenced in 10 CFR 50.55a(h).

Institute of Electrical and Electronics Engineers (IEEE),

ANSI /IEEE Std. 603-1991, " Criteria for Safety Systems for Nuclear Power Generating Stations," including the correction sheet dated January 30, 1995.

We have alao enclosed a copy of the final rule that incorporates the material into the CFR.

If you have any questions on this matter, please call me on (301) 415-7163.

Sincerely, Michael T. Lesar Liaisva Officer P'mlear Regulatory Commission

Enclosures:

As stated Aunachonent 6