ML20198N265

Final Rule 10CFR50, Codes & Stds;Ieee Natl Consensus Std. Rule Amends NRC Regulations to Incorporate by Ref IEEE Std 603-1991,national Consensus Std for Power Instrumentation & Control Portions of NPP Safety Sys

ML20198N265
Person / Time
Issue date:	10/09/1997
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:
References
FRN-62FR53932, RULE-PR-50 NUDOCS 9711030250
Download: ML20198N265 (13)

Text

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w b' ooCKET NUMBERg 4 PROPOSED RULE DOCKETED i' USNRC

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10 CFR Part 50 ,

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l_ RIN 3150-AF73 i Codes and Standards;IEEE National Consensus Standard AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final 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 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standard in NRC's regulations, and replace an IEEE standard currently endorsed in the NRC's regulations which has been withdrawn by the IEEE.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 January 1,1998, unless significant adverse comments are received by December 1,1997, if the effective date is delayed, time 4 aJtice will be published in the Federal Register. The incorporation by reference of IEEE Std. 603-1991 is approved by the Director of the Federal Register as of January 1,1998, po uoqaQ 9711030250 971009 g. P joh1MI 50 53932 PDR ll! ele E!IJIlipilli SI s -. '

• 1 ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; Attention: Rulemakings 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: Satiah K. Aggarwal, Senior Program Manager, Offica 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 background 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 5 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 January 1,1998. However, if the NRC receives significant adverse comments by December 1, i 1997, then th.s NRC will publish a document that withdraws this action, and will address the comments received in response to an Lt.1tical proposed rule which is being concurrently published in the proposed rules section of this 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 in the event the direct final rule is withdrawn.

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. 3 Backgrour'd 1- in 10 CFR F' art 50 " Domestic Licensing of Production and Utilization Facilities "

$ 50.Ga requires that the protodion systems in nuclear power plants meet the requirements L

! set forth in IEEE Std. 279, " Criteria for Protection Systems for Nuclear Power Generating i Stations," in effect on the formal docket date of the app!! cation. However, IEEE Std. 279 is

[ obsole%, has been witNrawn by IEEE and has now been superseded by IEEE Std. 603-1991, V

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

i in November 1995, the NRC staff issued for public comment a draft regulatory guide, t

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 i 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 notkr,al 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. THs action is consistent with the provisions of the National Technology Transfer and Advancement Act of 1995, Pub. L.104-113, which encourages Federal regulatory agencies to consider adopting industry consensus standards as an attemative to de novo agency development of standards _

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4-4 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

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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. IEEE Std. 279, states that a " protection system" encompasses all electric and mechanical devices and circuitry (from sensors to actuation davice input terminals) involved in generating those signals I 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

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$ containment isolation, core spray, safety injection, pressure reduction, ard air cleaning.-

" Protective Function

• is defined by IEEE 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 -

1

bases.'

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. IEEE Std. 6'03-1991, uses the term " safety systems" rather than " protection systems." A

.-' safety system" is defined by lEEE Std. 603-1991, as 'a 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 cacability to shut down the reactor and maimain it in a safe .

shut down condition, or (iii) the capability to prevent or mitigate tne consequences of accidents 4

that could result in potential off-site exposures comparable to the 10 CFR Part 100 guidelines.

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-A ' safety function

• is defiNd by IEEE Std. 603-1991, as 'one of the processes or conditions i

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h (for example, emergency negative reactivity insertion, post accident heat removal, emerency i'

L core cooling, post accident radioactivity removal, and containment isolation) essential to f-maintain plant parameters within acceptable limits established for a design basis event."

The Commissian considers that the systems covered by IEEE Std; 603-1991 and IEEE l.

i' Std. 279-1971 are the same. Therefore, for purposes of paragraph (h) of 10 CFR 50.55a, 1

! ' protection systems," and safety systems' are synonymous. The Commission notes that these l

l - two terms are also synonymous with the term ' safety-retried systems," used elsewhere in Commission's regulations. Therefore, licensees are expected to apply IEEE Std. ' 279-1971 i _ and IEEE Std. 603-1991, as appropriate, to " safety-related systems."

I This rule mandates the use of IEEE Std. 603-1991 (including the correction sheet dated i

l January 30,1995) for future riuclear power plants, including final design approvals, design l-

{ certifications and combined licenses under 10 CFR Part 52. Current licensees may continue to i

i 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.

e 603-1991, provided they comply with all applicable requirements for making changes to their b . 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 (i) modifications, augmentation or

' replacement of protection systems permitted by license amendments, (ii) changes made by the L.

'- = licensees pursuant to procedures in 10 CFR 50,59, and (iii) plant-specific departures from a

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design certification rule under 10 CFR Part 52. In-kind (like-for-like) replacement of protection

system components are not considered changes to the protection systems.

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i 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 I

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- 6 4 method acceptable to the Commission of meeting a regulatory requirement as describwd 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 I consistent with current regulatory practices.

Electronic Accen 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 suppons that fanction. For information about the interactive rulemaking website, contact Ms. Carol Gallagher, (401) 415-5905 (e mail:

CAG@nrc. 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 regulatioits in Sutgart A of 10 CFR Part 51, that this rule would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environment impact statement is tiot required. The Commission has prepared an Environmental Assessment supporting this finding of no 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

7 environmer,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 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 meaningfulinvolvement of all people, regardless of race, ethnicity, culture, income, or educational level with respect to the development, implementation, and enforcement oi environmental laws, 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 if a document used to impose an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, an information collection.

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Reguletory Analysis

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

make changes to safety systems. However, licensees planning or proposing changes to power

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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 l '

plant power and 180 systems are only required to meet their current licensing basis. The draft j

l regulatory analysis is available for inspection in the NRC Public Document Room,2120 L

. Street, NW., Washington, D.C.

Regulatory Flexibility Certification l

As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the Commission

certifies that this rule will not have a significant economic impact on small entities. This rule P

affects only the operetion of roucioar power plants. The companies that own those plants do not fall within tha scope of the definition of 'email entities' set forth in the Regulatory Flexibility Act

! or the small business size standards adopted by the NRC (10 CFR 2.810) Since these

j. companies are dominant in their service areas, this rule does not fall within the purview of the

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Act.

! Backfit Analysis i

f The rule requires applicants and holders of new construction permits, new operating 4

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9 licenses, new final design approvals, new design certifications and combined licenses to comply 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 appy to existing nuclear power plants thLt 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 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 voluntarily initiated by the licensee, or separately imposed by the HRC 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.

10 Small Business Regulatory Enforcement Fairness Act in accordance with the Small Business Regulatory Enforcement Falmess Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB.

List of Subjects in 10 CFR Part 50 Antitrust, Classified Information, Criminal penalties, Fire protection, incorporation by reference, intergovemmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, and Reporting and recordkooping 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.

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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

- 938, 948, 953, 954, 955, 956, as anended, 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).

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

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l 11 I 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 l

50.54 (dd), and 50.103 also issued under sec.108,68 Stat. 939, as amended (42 U.S.C. l 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,  !

1 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 $ 50.55a, paragraph (h) is revised to road as follows:

$ 50.55a Codes and standards.

(h) Protection and Safety Systems. (1) IEEE Std. 6031991 and the correction sheet dated January 30,1995, which are referenced in paragraph (h)(3) and (h)(4), are gi I.d for incorporation by_ reference by the Director of the Federal Register in acconkme with 5 U.S.C.

552(a) and 1 CFR Part 51. A notice of any changes made to the materialireerei21 by v

L 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,11545 -

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4 12 Roelwille Pike, Rock.as, MD 20852 2738, and at the Of6ce of the Federal Register,800 North Capital EW. NW, Suite 700, Washington, DC lEEE Std. 279, which is referenced in 3

pare 9raph (h)(2) of this section was approved for incorporation by reference by the Direc*or of l

! the Federal Ro9i ster in accordance with 5 U.S.C. 552(s) and 1 CFR Part 51. Copies of this standard are also evallable as indicated for IEEE Std. 603-1991, i

(2) Dennitions.

(1) For purposes of this paragraph the terms ' protection systems,' *ssfety systems,'

and " safety-related systems' are synonymous.

(ii) Changes to protection systems include modification, augmentation or replacemen*

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 i

January 1,1971, but prior to January 1,1998, protection systems must meet the requirements set forth elmer in the institute of Electrical and Elodronics Engineers (IEEE) Std. 279, " Criteria ;

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for Protection Systems for Nuclear Power Generating Stations," or in IEEE Std. 803-1991,

' 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

, t j- 1,1998 must meet the requirements set forth in IEEE Std. 803-1991, and the correction sheet dated January 30,1995. -

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e 13 (4) Safety systems. For construction permits, operating licenses, final design approvals, design 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.

6-Dated at Rockville, Maryland, this day of October,1997.

For the Nuclear Regulatory Commission.

^

l 4 l3 Johr@. Hoyle, /

getetary of the Commission.

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