ML20199B463

Forwards Direct Final Rule,Proposed Rule & Regulatory Analysis for Final Rule Re Amend to Commission Rules in 10CFR50.55a.Paragraph (B) Will Be Amended to Incorporate by Ref IEEE Standard 603-1991

ML20199B463
Person / Time
Issue date:	10/09/1997
From:	Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Gingrich N, Gore A, Murphy R GENERAL ACCOUNTING OFFICE, HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE, PRESIDENT OF THE SENATE
References
CCS, NUDOCS 9711190001
Download: ML20199B463 (5)

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,% OulAL g# "4 t UNITeo sTAvas g NUCLEAR REGULATORY COMMisslON comwetou.o.c. e

\ CCT 0 91337 De Honors.ble Al Gore President of the United States Senate Washington, DC 20510

Dear Mr. President:

Punment to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. Sol, the Nuclear Regulatory Commission (NRC) is submitting a dh ect final rule that will amend the Commission's rules in 10 CFR Part 50.55a. SpeelReally, Paragraph (h) will be amended to incorporate by reference Institute of Electrical & Electronics Engineers (IEEE) Std. 6031991, a national consensus standard for power,lastrumentation, and control portions of safety 1;' stems in nuclear power plants. This action is necessary to endorse the latest version of this national resensus standard in the NRC's regulations, and replace an IEEE standard currently endesrit Nhe NRC's regulations which has been withdrawn by the IEEE. The issuance oqN&i Anal rule is consistent with the provisions of the National Technology Transfer sad Advancement Act of 1995, P.L 104-113, which encourage Federal regulatory agencies to consider adopting consensus industry standartis as an alternative to de novo agency development of standards affecting an industry.

We have determined that this is not a " major rule as defined in 5 U.S.C. 804(2). We have confirmed this determination 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 direct final rule will become effective 75 days after publication in the Federal Register unless significant advene comments are received.

Sincerely, hl Dennis K. Ra un, Director Omce of Congressional Affain g ($ V

Enclosures:

As stated n

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= NUCLEAR REGULATORY COMMISSION 5 wasnmerou,o.c.meno m

%***** OCT 0 9133L The Honorable Newt Gingrich

. Speaker of the United States House of Representatives Washington, DC 20515 Dear Mr. Speakers Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of1996, l I

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 (h) l will be amended to incorporate by reference Institute of Electrical & Electronics Engineen i (IEEE) Std. 6031991, 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 venion of this national consensus standard in the NRC's regulations, and i replace an IEEE standard currently endoned in the NRC's regulations which has been j withdrawn by the IEEE. The issuance of this direct final rule is consistent with the provisions of the National Technology Transfer and Advancement Act of1995, P.L 104-

- !!3, which encourages Federal regulatory agencies to consider adopting consensus industry ,

standards as an alternative to de novo agency development of standards affecting an j industry. ,

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

1 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 75 days after publication in the Federa1 Register nnless significant advene comments are received.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Afrain I-

Enclosures:

As stated l

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p UNITED STATES l

= NUCLEAR REOULATORY COMMISSION  !

WAaMWoToN, D.C. SteeHeM h

\,***** OCT 0 91E I

i

'Mr. Robert Murphy l General Counsel-  ;

General Accounting Omce e Room 7175 441 G St., NW.

J Washington, DC 20548 *

Dear Mr. Murphy:

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

that will amend the Commission's rules in 10 CFR Part 50.55a. Specifically, Paragraph (h)

• will be amended to incorporate by reference Institute of Electrical & Electronics Engineers (IEEE) Std. 6031991, 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 issuance of this direct final rule is consistent with the l provisions of the National Technology Transfer and Advancement Act of 1995, P.L 104-113, which encourages Federal regulatory agencies to consider adopting consensus industry standards as an alternative to de novo agency development of standards affecting an industry.

We have determined that this is not a " major rule" as denned in 5 U.S.C. 804(2). We have confirmed this determination 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 direct final rule will become effective 75

, days after publication in the Federal Register unless significant adverse comments are i recch ed.

Sincerely,  ;

Dennis K. Rathbun, Director '

L Omce of Congressional Affairs

Enclosures:

As stated t

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[7590-01 P]

NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 RIN 3150-AF73 Codes and Standards;IEEE National Consensus Standard AGENCY: Nuclear Regulatory Commission.

ACTlON: ' 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 signifmant adverse comments are received by December 1,1997, if the effective date is delayed, timely notice 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.

Jqatle1U SM is e f-

_ _ _ _ . _ . _ _ . ..-~._ _ __._ ---

2 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: 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. 6031991, 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 receivas significant adverse comments by December 1, 1997, then the NRC will publish a document that withdraws this action, and will address the comments received in response to an identical propored 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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r

Background

r

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

$ 50.55a requires that the protection systems in nuclear power plants meet the requirements .

i set fc,rth in IEEE Std. 279, ' Criteria for Protection Systems for Nuclear Power Generating -

Stations,' in effect on the formal docket date of the application.- However, IEEE Std. 279 is  :

-i obsolete, has been withdrawn by lEEE and has now been superseded by lEEE Std. 603 1991, l

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

In November 1995, the NRC staff issued for public comment a draft regulatory guide,_ l 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 f 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 safuy systems in nuclear ,

4 power plants. .

Discussion 9

- 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 r.uclear power plants into NRC regulations. This action is -  ;

.  : consistent with the provisions of the National Technology Transfer av.d Advancement Act of -

4 1995 L Pub. L.104-113, which encourages Federal regulatory agencies to consider adopting -

^

industry consensus standards as an altomative to de covo age'ncy development of standards -  :

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4 affecting an industry. This act!on 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. IEEE Std. 279, states that a ' protection system" encompasses all electric and mechanical devices and circuitry (from sencors to actuation 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 IEEE Std 279, as

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

lEEE Std. 603-1991, uses the term " safety systems" rather than " protection systems " A

• safety system" is defined by lEEE Std. 6031991, 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 capability to shut down the reactor and maintain it in a safe shut down condition, or (iii) the capability to prevent or mitigate the consequences of accidents that could result in potentia; off site exposures comparable to the 10 CFR Part 100 guidelines.

A

• safety function

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

. l j

I 3

4 (for example, emergency negative reactivity insertion, post accident heat removal, emergency ,

l core cooling, post accident radioactivity removal, and containment isolation) essential to

]

maintain plant parameters within acceptable limits established for a design basis event.' l l

The Commission considers that the systems covered by IEEE Std. 603-1991 and IEEE Std. 2791971 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. 6031991, as appropriate, to ' safety related systems."

This rule mandates the use of IEEE Std. 6031991 (including the correction sheet dated January 30,1995) 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 revis'on of IEEE Std. 279 in effect on the formal date of their application for a construction permit or may, at their option, ess IEEE Std. 6031991, provided they comply with all applicable requirementr, 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. 6031991. 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 licensees pursuant to procedures in 10 CFR 50.59, and (iii) plant specific departures from a 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.

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

~

6 method acceptable to the Comtnission 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.nre. 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).

a Finding of No Environmentalimpact: Availability of Environmental Assessment The Comrnission 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 the human environment and, therefore, an environment impact statement is not 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 requeved their comments on the

. l

. l l

7 ,

environmental assessment. The environmental assessment is available for inspection at the NRC Public Document Room,2120 L Street NW., Washington, DC. Also, the NRC has commhted itself to complying in allits actions with the Presidential Executive Order # 12898-Federal Actions to Address Envirc,nmental Juttice 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 of environmentallaws, 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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8 Regulatory Analysis 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 i 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. 6031991 for the changes even though the remainder of the plant power and l&C systems are only required to meet their current licenting basis. The draft regulatory analysis is available for inspection in the NRC Public Document Room,2120 L -

Street, NW., Washington, D.C.

Regulatory Flexibility Certification 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 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 entitles

• 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 areas, this rule does not fall within the purview of the Act.

Backfit Analysis The rule requires applicants and holders of new construction permits, new operating 1

e-,e ys,9s c - n 9, , y

9 licenses, new final design approvals, new design certifications and combined licenses to comply l l

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  ;

i i

the requirements of IEEE Std. 603-1991. 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  !

l permits the licensee the option of meeting IEEE Std. 603-1991. l The backfit rule was not intended to apply to regulatory actlens which enange expectations of prospective applicante, 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 rnake 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 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., Weshington, 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 ba:kfits as defined in 10 CFR 50.109(a)(1) and, therefore, a backfit analysis .ias not been p epared for this direct final rule.

10 Small Business Regulatory Enforcement Fairness Act t

in accordance with the Small Business. Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a rnajor 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, Class /ied Information, Criminal penalties, Fire protection, incoiporation by reference, Intergovtsinmer/a! relations, N%har power plants and reactors, Radiation protection, Reactor siting criteria, and Reporting and recordkeeping requirements.

For tha reasons set out in the preamble and under the authoiity of the Atomic Energy Act of 1954, as amended, the Energy Reorganizations Act c: 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 Utilizat:on Facihties

1. The authority citation for Part 50 continues to load as folbws:

AUTHORnY: Secs.102,103,104,105,151,102,183,188,189,68 Stat. 936,937, 933, 948,953,954.955,956, as amended, sec. 234,03 Stat.1244, as amended (42 U.S.C.

2132, 2133, 2134, 7.135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 83 Stat.1242, es 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. 055 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 alsc 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.1245 (42 U.S.C. 5844). Sections 50.58,50.91, and 50.92 also issued under Pub. L.

97415,96 Stat. 2073 (42 U.S.C. 2239). Sectiun 50.78 #:.o lesued under sen.122,68 Stat.

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

$ 50.55a Codes and standards.

(h) Protection and Safety Systems. (1) IEEE Std. 603 1991 and the correction sheet dated January 30,1995, tyhich 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,11545 l

l

O 12 4

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 is referenced in paragraph (h)(2) of this section was 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. Copies of this standard are also available as indicated for IEEE Std. 603 1991.

(2) Definitions.

(1) Fer purposes of this paragraph the terms ' protection systoms,'

• safety systenis, 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 trom 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 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. 6031951, and the correction sheet dated January 30,1995.

l

9 .

13 (4) Safety systems. For construction permits, operating licenses, fincl design approvals, design codifications 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 Januari \1995. [

i Dated at Rockville, Maryland, this 9~ day of October,1997.  ;

For the Nuclear Regulatory Commission.

Johr3 D . Hoyle, / '

Secretary of the Comnaission.

V

)

[7590-01 P)

NUCLEAR REGUI.ATORY COMMISSION 10 CFR Pad 50 RIN 3160-AF73 ,

Codes And Standards; lEEE National Consensus Standard AGENCY: Nuclear Regulatory Commisolon.

ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission is amending its regulations to incorporate by reference IEEE Std 6031991, 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.

DA fE: Comments on the proposed rule must be received on or before December 1,1997.

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.tn. on Federal workdays.

Copies of any comments received may be examined at the NRC Public Document W o L y-3 6 pp-

t

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

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

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

Omos of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC  ;

20555, Telephone (301) 4154005, Fax (301) 415-5074, E mail: SKA@NRC. GOV i

SUPPLEMENTARY INFORMATION:

For additionalinformation, see the direct final rule published in the Rules and Regulations Section ofinis Federal Register.

Procedural Background Because NRC considers this rulemakirg noncontroversial, we iare publishing this proposed rule concurrently as a direct final rule. The direct final rule will become effective on

- January 1,1998. However, if the NRC receives significant adverse comments on the direct final rule by December 1,' 1997,' then the NRC will publish a document that withdraws the direct final rule, if the direct final rule is wRhdrawn, the NRC will address the comments received in a f

subsequent final rule. The NRC will not initiate a second comment period on this action in the

- event the direct final rule is withdrawn, r o

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Electronic Access ,

l You may also provide comments via the NRC's interactive rulemaking website through the NRC home pa9e (http://www.nrc. gov). This site provides the availability to upload j 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 mailt CAG@nrc. gov).- -

j

.. ist of Subjects in 10 CFR Part 50

- Antitrust, Classified information, Criminal penalties, Fire protection, incorporation by I reference, Intergovemmental 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 1964, 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.

F l

Part 50 L Domestic Lloonsing of Production and Utilization Facilities

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

i

)

. AUTHORITYr Secs. '102,103,104,105,- 181,182,183,186,189,68 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, z

-206L 88 Stat.- 1242, as amended, 1244,1246 (42 U.S.C. 5841, 5842, 5846).

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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, C8 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 alt,o 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.1245 (4? .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 9 50.55a, paragraph (h) is revised to read as follows:

$ 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 refemnce 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 refer:nce 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 l __ . . . _ . -

l e

5 Lane, Pisca'away, 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. lEEE Std. 279, which is rdarenced in paragraph (h)(2) of this section was 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. Copies of this standard are also available as indicated for IEEE Std. 603 1991.

(2) Definitions.

(!) 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 systema permitted by license amendments, changes made to protection systems by licensees persuant 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 Janusy 1,1998, protection systems must meet the requirements set forth in either the Institute of Electriest 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. 603-1991, and the correction sheet

- dated January 30,1995.

=

6 (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.

Da;ed at Rockville, Maryland, this k.-

day of October,1997.

For the Nuclear Regulatory Commission.

~ l.3 John C. oyle, /

Sec ry of the Commission.

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. REGULATORY ANALYSIS

1. Problem: l l

The Commission regulations currently incorporates by reference an obsolete national consensus standard, which was withdrawn by IEEE. This standard was replaced by (EEE Std. 603-1991 (and the correction sheet dated January 30,1995), which is a significant improvement over IEEE Std. 279 1971. The latest standard provides clear explanation 6 to the general criteria provided in the earlier standard. NRC proposes to  !

update 10 CFR 50.55a (h) to reference IEEE Std. 603-1991 in order to reflect current 1 technology.

2. Nternailve AnoranthtE:

1he alternative app *oaches 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 the operating experience gained over the past 20 yews. 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 attemative, prescribing a detailed approach, would impose an unmanageable burden on the NRC technical staff, particularly in an era of declining budgets and resources. It also overlooks the benefits derived from the consensus process and the technical experience and expertise in the IEEE technical committees.

Therefore, this alternative is not acceptable.

3. Vplut.nndImang!;

IEEE Std. 6031991 would apply to future nuclear power plants, including final design approvals, design certifications and combined licenses under 10 CFR Part 52.

Issuing the proposed amendment is consistent with the NRC policy of evaluating the

' latest versions of national consensus standards in terms of their suitability for endorsement. NRC regulations and/or regulatory guides should reflect current  !

technology.

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

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4.

o 2 changt for plants which do not intend to make any changes to their power and l&C systems. Thus, this proposed amendment does_not impose any new requirements or costs on current licensees. However, license 6s proposing changes to protection systems will be impacted because they would be required to meet the criteria of IEEE Std. 6031991 for the -

changes even though tha 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. .Geoplusion:

Endorsement of IEEE Std. 603-1991 addresses the stated problems and minimizes the staff resources thai would be expected in developing design certification "from scratch" for new advanced nuclear p9wer plants, This action is consistent with the provisions of the National Technology Transfer and Advsncement Act of 1995, Pub. L.104-113.

5. DecialonalRationale:

Based on the 'ower impact and highest value fo* problem solution capability, the alternative of erdersing IEEE Std. 603-1991 as presented in the direct final rule has been chosen.

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- CONGRESSIONAL CORRESPONDENG SYSTEAC '

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- DOCUMENT PREPARATION GECREJ.5T

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Dh chshk list is to be submitted nith each document (or group of Qs/As) sentforprocessing into the CG.'

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Congressional Committee Subcommittee

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(A)

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