ML20206E651

EDO Control of Rulemaking Package Re Periodic Amends to 10CFR50.55a, Codes & Stds. Continuation of Rulemaking Approved

ML20206E651
Person / Time
Issue date:	02/20/1985
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Minogue R NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
References
NUDOCS 8606230480
Download: ML20206E651 (46)

Text

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FEB 2 01985 MEMORANDUM FOR: Robert B. Minogue, Director Office of Nuclear Regulatory Research FROM: William J. Dircks Executive Director for Operations  !

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SUBJECT:

CONTROL OF NRC RULEMAKING By memorandum of February 13, 1984, " Control of NRC Rulemaking by Offices Reporting to the EDO," Offices were directed that effective April 1,1984, (1) all offices under ED0 purview must obtain my approval to begin and/or continue a specific rulemaking, (2) resources were not to be expended on rule-makings that have not been approved, and (3) RES would independently review rulemaking proposals forwarded for my approval and make recomendations to me concerning whether or not and how to proceed with the rulemakings.

In accordance with my directive, a proposal concerning rulemaking was forwarded for my approval along with recomendations from RES concerning the proposal, by your memorandum of February 13, 1985.

The proposal (Periodic Amendments to 10 CFR 50.55a, Codes and Standards) would continue the periodic amendments to 10 CFR 50.55a to update the reference to editions and addenda of the American Society of Mechanical Engineers Boilers and PressLre Vessel Code (ASME Code). You also recomended that the current proposed amendment be issued for public coment. Approval of the current and continuing periodic rulemaking would support the continuing policy of the Comission to update this section of the regulations to keep the references current with the ASME Code which is revised periodically.

I approve continuation of this rulemaking. The NRC Regulatory Agenda (NUREG-0936) should be modified to reflect the status of this rulemaking.

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i-  ? ._ k k FEB 131985 i MEMORANDUM FOR: William J. Dircks.

! Executive Director for Operations

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FROM: Robert B. Minogue, Director j Office of Nuclear Regulatory Research 1

SUBJECT:

CONTROL 0F NRC RULEMAKING: RES REVIEW 0F ONG0ING RES SPONSORED RULEMAKING 1

Based on our review of the ongoing RES sponsored rulemaking to amend 10

CFR 50.55a, Codes and Standards, RES recomends that NRC continue i periodic amendments to the rule to update the reference to editions and i addenda of the American Society of Mechanical Engineers Boiler and Pressure Code (ASME Code). It is recomended that the current proposed i revision be issued by the ED0 for public comment. Upon suitable

consideration of public coments received, the revision then should be issued as an effective rule by the EDO. This recomendation in draft

form has been coordinated with NRR and IE.

I The basis for our recommendations is as follows:

j o This section of the regulations referencesSection III, " Rules i

for the Construction of Nuclear Power Plant Components," and Section XI, " Rules for Inservice Inspection of Nuclear Power Plant Components," of the ASME Code. ASME procedures provide that editions of the ASME Code be revised every three years and that addenda to the editions be issued on a semiannual basis.

o Incorporating by reference the latest edition and addenda of

the ASME Code will save applicants, licensees and the NRC staff

, both time and effort by providing uniform detailed criteria

! against which the staff can review any. single submission.

1 o It has been a continuing policy of the Comission to update i

4 this section of the regulations to keep the references current.

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., William J. Dircks 2 FEB 131985 1

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The complete RES review package has been sent to OED0 (Attention: DEDR0GR) and to the Directors of NRR and IE.

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RobertB.Minogue,,irector Office of Nuclear Regulatory Research

Z3 FEB 131385 MEMORANDUM FOR: William J. Dircks Executive Director for Operations FROM: Robert B. Minogue, Director Office of Nuclear Regulatory Research SUBJEfT: C'ONTROL 0F NRC RULEMAKING: RES REVIEW OF ONG0ING RES SPONSORED RULEMAKING Based on our review of the ongoing RES sponsored rulemaking to amend 10 CFR 50.55a, Codes and Standards, RES recommends that NRC continue periodic amendments to the rule to update the reference to editions and addenda of the American Society of Mechanical Engineers Boiler and Pressure Code (ASME Code). It is recommended that the current proposed revision be issued by the E00 for public comment. Upon suitable consideration of public comments received, the revision then should be issued as an effective rule by the EDO. This recommendation in draft form has been coordinated with NRR and IE.

The basis for our recommendations is as follows:

o This section of the regulations referencesSection III, " Rules for the Construction of Nuclear Power Plant Components," and Section XI, " Rules for Inservice Inspection of Nuclear Power Plant Components," of the ASME Code. ASME procedures provide that editions of the ASME Code be revised every three years and that addenda to the editions be issued on a semiannual basis, o Incorporating by reference the latest edition and addenda of the ASME Code will save applicants, licensees and the NRC staff both time and effort by providing uniform detailed criteria against which the staff can review any single submission.

o It has been a continuing policy of the Commission to update this section of the regulations to keep the references current.

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William J. Dircks 2 FE012 B05 l

The complete RES review package has been sent to OEDO (Attention: DEDR0GR) and to the Directors of NRR and IE.

DF&w t Robert B. Minogue, Director

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V0 TING SHEET TO: F. P. GILLESPIE, CHAIRMAN, RIRB ,

FROM: W. ft. [1orrison, itember, RIRB TITLE OF RULEMAKING: Codes and Standards for Nuclear Power Plants AGREE WITH RECOM'4ENMTIONS T X '

IN RES RULEMAKING htVIEW -

PACKAGE MODIFY RECOMMENDATIONS IN NOT PARTICIPATING.

RES RULEMAKING REVIEW PACVAGE AS INDICATED BELOW COMMENTS AND SUGGESTIONS:

Straight approval.

4 Y C W. M. MORRIS 0N MEMBER, RIRB FEBRUARY 11, 1985 DATE

RES INDEPENDENT REVIEW BOARD VOTING SHEET ,

TO: F. P. GILLESPIE, CHAIRMAN, RIRB FROM: K. R. Goller, Member, RIRB TITLE OF RULEMAKING: Codes and Standards for Nuclear Power Plants AGREE WITH RECOMMENDATIONS X IN RES RULEMAKING REVIEW PACKAGE MODIFY RECOMMENDATIONS IN NOT PARTICIPATING.

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FEB 111985 Responses by c.o.b.

will be appreciated. RAMRB will use the voting sheets to assemble the complete RES review package for eventual transmittal to the OED0 and the Director of the user office.

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MEMORANDUM FOR: William J. Dircks Executive Director for Operations FROM: Robert B. Minogue, Director Office of Nuclear Regulatory Research

SUBJECT:

CONTROL OF NRC RULEMAKING: RES REVIEW 0F ONG0ING RES SPONSORED RULEMAKING Based on our review of the ongoing RES sponsored rulemaking to amend 10 CFR 50.55a, Codes and Standards, RES recommends that NRC continue periodic amendments to the rule to update the reference to editions and addenda of the American Society of Mechanical Engineers Boiler and Pressure Code (ASME Code). It is recommended that the current proposed revision be issued by the EDO for public coment . Upon suitable consideration of public comments received, the revision then should be issued as an effective rule by the EDO. This recommendation in draft form has been coordinated with NRR and IE.

The basis for our recommendations is as follows:

o This section of the regulations referencesSection III, " Rules for the Construction of Nuclear Power Plant Components," and Section XI, " Rules for Inservice Inspection of Nuclear Power Plant Components," of the ASME Code. ASME procedures provide that editions of the ASME Code be revised every three years and that addenda to the editions be issued on a semiannual basis.

o Incorporating by reference the latest edition and addenda of the ASME Code will save applicants, licensees and the NRC staff both time and effort by providing uniform detailed criteria against which the staff can review any single submission, o It has been a continuing policy of the Comission to update this section of the regulations to keep the references current.

i

k'illiam J. Dircks 2 The complete RES review package has been sent to OEDO (Attention: DEDROGR) and to the Directors of NRR and IE.

Robert B. Minogue, Director Office of Nuclear Regulatory Research DISTRIBUTION RBMinogue DFRoss FGillespie GAArlotto RES Central Files Circ /Chron Branch r/f JRichardson GMillman See previous concurrences MSEB:RES MSEB:DET:C D:DIR -

IB D:RES D:RES GMillman:sp JRichardson GAArlotto Ross Minogue 1/22/85 1/22/85 1/ /85 1/ /85 1/ /85 1/ /85 WDircks

MEMORANDUM FOR: William J. Dircks Executive Director for Operations FROM: Robert B. Minogue, Director Office of Nuclear Regulatory Research

SUBJECT:

CONTROL OF NRC RULEMAKING: RES REVIEW 0F ONG0ING RES SPONSORED RULEMAKING Based on our review of the ongoing RES sponsored rulemaking to amend 10 CFR 50.55a, Codes and Standards, RES recomrrends that NRC continue periodic amendments to the rule to update the reference to editions and addenda of the American Society of Mechanical Engineers Boiler and Pressure Code (ASME Code). It is recommended that the current proposed revision be issued by the ED0 for public coment. Upon suitable consideration of public comments received, the revision then should be issued as an effective rule by the EDO. This recommendation in draf t form has been coordinated with NRR and IE.

The basis for our recommendations is as follows:

i o This section of the regulations referencesSection III, " Rules for the Construction of Nuclear Power Plant Components," and Section XI, " Rules for Inservice Inspection of Nuclear Power Plant Components," of the ASME Code. ASME procedures provide j that editions of the ASME Code be revised every three years and that addenda to the editions be issued on a seniannual basis, o Incorporating by reference the latest edition and addenda of the ASME Code will save applicants, licensees and the NRC staff both time and effort by providing uniform detailed criteria against which the staff can review any single submission, o It has been a continuing policy of the Commission to update this section of the regulations to keep the references current.

The complete RES review package has been sent to OEDO (Attention: DEDROGR) and to the Directors of NRR and IE.

Robert B. Minogue, Director Office of Nuclear Regulatory Research Distribution: See next page, MSEB:RES MSEB:DET:C D:DIR'y CH R B DD:RES D:RES GMillman:sp JPichardsorw GAArlotto G1 e Ross Minogue ocm_.

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0 TASK LEADER PACKAGE I

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n RES Rulemaking Review Package for Periodic Amendments to 10 CFR 50.55a, Codes and Standards Rule Item No. Contents 1 Regulatory Agenda Entry for Current Proposed Amendment to i

10 CFR 50.55a.

2 Draf t Recomendations on Whether and How to Continue Periodic Amendments to 10 CFR 50.55a.

3 Current Proposed Amendment to 10 CFR 50.55a.

4 Draft Regulatory Analysis for Current Proposed Amendment, t

5 Certification of Application of Procedures, j l

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NRC REGULATORY AGENDA ENTRY l

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Item 1

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Regulatory Agenda Entry for Current Proposed Amendment to 10 CFR 50.55a TITLE:

Codes and Standards for Nuclear Power Plants (1983 Edition, Winter 1982 through Summer 1984 Addenda)

CFR CITATION:

10 CFR 50 ABSTRACT:

The proposed rule would incorporate by reference the Winter 1982 4

' Addenda, Sumer 1983 Addenda. Winter 1983 Addenda, Sumer 1984 Addenda, and the 1983 Edition of Section III, Division 1, of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code), and the Winter 1982 Addenda, Sumer 1983 Addenda.,

and the 1983 Edition of Section XI, Division 1 of the ASME Code.

The ASME Code sets standards for the construction of light-water-reactor nuclear power plant components in Section III, Division 1, and specifies requirements for the inservice inspection of those components in Section XI, Division 1. The proposed rule would update the existing reference to the ASME Code and would thereby permit the use of improved methods for the construction and inservice inspection of nuclear power plant components.

Incorporating by reference the latest edition and addenda of the ASME Code will save applicants / licensees and the NRC staff both time and effort by providing uniform detailed criteria against which the staff can review any single submission.

TIMETABLE:

Publish for Public Coment (1/25/85)

LEGAL AUTHORITY:

42 U.S.C. 2201, 42 U.S.C. 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES:

None AGENCY CONTACT:

Gilbert C. Millman Office of Nuclear Regulatory Research Washington, D.C. 20555 301-443-7860 2

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l TASK LEADER EVALUATION

Item 2 Draft Recommendations Whether and How to Continue Periodic Amendments to 10 CFR 50.55a Whether to Continue Recomendation: Continue periodic amendments to 10 CFR 50.55a to update the reference to American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Corie) editions and addenda.

Reason: This section of the regulations referencesSection III,

" Rules for the Construction of Nuclear Power Plant Components," and Section XI, " Rules for Inservice Inspection of Nuclear Power Plant Components," of the ASME Code. ASME procedures provide that editions of the ASME Code be revised every three years and that addenda to the editions be issued on a semiannual 4

basis. ,

It has been a continuing policy of the Comission to update this section of the regulations to keep the references current. The preamble to the August 24, 1972, final rule amending il50.55a (37 FR 17021) i states: "As new or amended editions of applicable codes, code cases, or addenda are issued, the Comission will review them and amend the provisions of il50.55a... as appropriate."

How to Continue Recomendation: Proceed with current proposed amendment. Item 3. for iuuance by the EDO. Succeeding amendments should proceed similarly.

Reason: This recomendation is supported by the response to the following 6 review items which are identified in the RES Procedures for Reviewing Ongoing Rulemaking (April 1984).

a. Issue to be addressed.

The proposed amendment for the current update would incorporate by reference the Winter 1982 Addenda, Sumer 1983 Addenda. Winter 1983 Addenda, Sumer 1984 Addenda and the 1983 Edition of Section III, Division 1, of the ASME Code, and the Winter 1982 Addenda, Sumer 1983 Addenda, and the 1983 Edition of Section XI. Division 1 of the ASME Code.

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b. The necessity and urgency for addressing the issue.

As noted above, it has been a continuing policy of the Comission to update this section of the regulations to keep the references current. The new edition and addenda have been reviewed by the I

9 staff _ and _found to be acceptable and Ch_it7 Qnconsjstent41th regulatory criteria. Adoption of the proposed rule would permit the use of improved methods for construction and inservice inspection of nuclear power plant components.

c. Alternatives to rulemaking The alternative to incorporating by reference the latest requirements of Section III and Section XI, and in the case of the latest proposed update to also make certain editorial revisions, would be to take no action. This would mean that the NRC position on the methods for construction ande inservice inspection contained in the latest edition and addenda of the ASME Code would have to be established on a case-by-case basis. In the case of the current update, certain incorrect footnote and paragraph references would remain in the present rule; and obsolete provisions would remain to clutter the rule.

d. How the issue will be addressed through rulemaking.

Periodic amendments to 10 CFR 50.55a p$ e incorporate the latest edition and addenda of will t

l hy' y' gI Q Section III, Division 1, and Section XI Division 1, that the staff has reviewed and found

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vf 6 accepteble and not inconsistent'with regulatory y A criteria.

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'% d j In those cases where significant differences exist between the ASME Code and the staff position, exceptions to spr cific items in the ASME Code will be specifit J or supplementary criteria will be provided. Exceptions in the regulations to the ASME Code rules will be avoided to the extent that the NRC staff on ASME Code comittees can influence the development of the ASME specific Code to account for NRC concerns on issues.

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' e. How the public, industry and NRC will be affected l

as a result of rulemaking. .

Incorporating by reference the latest edition and addenda of the ASME Code will save i

applicants / licensees and the NRC staff both time and effort by providing unifonn detailed criteria l '

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against which the staff can review any single submission. Adoption of the proposed amendment would permit the use of improved methods for i construction and inservice inspection of nuclear 1 power plant components.

l f. NRC resources and scheduling needed for the l rulemaking, i The effort associated with the rulemaking falls into two categories. That associated with I

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technical review of the ASME Code editions and

' addenda, and that associated with developing the l amendment and the regulatory analysis, and, carrying the rule forward through the various

! office reviews. l The review of ASME Code edition and addenda is done item-by-item during Code development by i

i the NRC staff participating on various levels of l

ASME Code connittees and the NRC staff in appropriate technical branches. Detailed i

technical input is often provided by the staff at

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the task group, working group, subgroup and

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' subconnittee levels through NRC staff connittee members. A formal ballot on each item is taken j by the Boiler and Pressure Vessel Connittee which

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i has oversight of the Section III and Section XI

> iteras . NRC has staff participation on the Boiler and Pressure Vessel Connittee and also on the Board on Nuclear Codes and Standards which has  !

' the final review authority on all ASME Code  !

items. These connittee actions are ongoing, so  ;

generally no significant additional effort is i

needed to review ASME Code items prior to their incorporation by reference into the NRC j regulations.

1 Amendments to update the ASME Code references are now relatively routine. The staff effort to develop and review the proposed rule and j regulatory analysis, resolve interoffice and 1

l public connents, and generally move the rule through its various stages is estimated to be 300

p-hrs.

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l RULEMAKING AS CURRENTLY PROPOSED

Iteni 3 Current Proposed Amendment to 10 CFR 50.55a NUC' LEAR REGUL ATORY COMMISSION 10 CFR Part 50 Codes and Standards for Nuclear Power Plants 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed Rule.

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SUMMARY

The Commission proposes to amend its regulations to incorporate by reference the Winter 1982 Addenda, Summer 1923 Addenda, Winter 1983 Addenda, Summer 1984 Addenda and 1983 Edition of Section III, Division 1, of the American Society of Mechanical Engineers (ASPE) Boiler and Pressure Vessel Code, and the Winter 1982 Addenda, Summer 1983 Addenda, and 1983 I

Edition of Section XI, Division 1, of the ASME Code. The sections  !

t of the ASME Code being incorporated provide rules for the construction of light-water-cooled nuclear power plant components and specify requirements for inservice inspection of those components. Adoption of these amendments would permit the use of improved methods for construction and inservice inspection of nuclear power plants.'

DATES: Comment period expires

• Comments received after this date will be considered if it is practical e to do so, but assurance of consideration cannot be given except as to l

i comments received on or before. this date.

A date will be inserted allowing 60 days for public comment.

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ADDRESSES: Written comments or suggestions may be subnitted to the Secre-tary'of the Commission, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Docketing and Service Branch. Copies of comments received may be examined in the Comission's Public Document Room at 1717 H Street NW., Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Mr. G. C. Millman, Division of Engineering Technology, Office of Nuclear Regulatory Research, U.S.

Nuclear Regulatory Commission, Washington, D.C. 20555, Telephone (301)443-7860.

SUPPLEMENTARY INFORMATION: On February 7,1983, the Nuclear Regulatory Comission published in the Federal Register (48 FR 5532) amendments to its regulation, 10 CFR Part 50, " Domestic Licensing of Production and Utilization Facilities," which incorporated by reference new addenda to the ASME Boiler and Pressure Vessel Code. The amendment revised 6 50.55a to incorporate by reference the Winter 1981 Addenda to Division 1 rules of Section III, " Rules for the Construction of Nuclear Power Plant Components," and Division 1 rules of Section XI, " Rules for Inservice Inspection of Nuclear Power Plant Components," of the ASME Boiler and Pressure Vessel Code. On November 4,1983, the Comission published in the Federal Register (48 FR 50878) an amendment to $50.55a to incorporate by reference the Summer 1982 Addenda to Section III, Division 1 of the ASME Code. The ASME did not publish a Summer 1982 Addenda to Section XI.

On March 15, 1984, the Comission published in the Federal Register (49 FR 2

9711) an amendment to 150.55a to, among other things, incorporate by reference those subsections of Section III which apply to the construction of Class 2 and Class 3 components.

Since publication of the last ASME Code addenda incorporated by reference in 5 50.55a the Winter 1982 Addenda, Summer 1983 Addenda, Winter 1983 Addenda, Summer 1984 Addenda, and 1983 Edition, to the ASME Code have been issued. The 1983 Edition is equivalent to the 1980 Edition, as modified by the Summer 1980 Addenda, Winter 1980 Addenda, Summer 1981 Addenda, Winter 1981 Addenda, Summer 1982 Addenda, and Winter 1982 Addenda. The Commission proposes to amend $50.55a to incorporate by reference all editions through the 1983 Edition and all addenda through the Summer 1984 Addenda that modify Section III, Division 1, and all editions through the 1983 Edition and all addenda through the Summer 1983 Addenda that modify Section XI, Division 1, of the ASME Boiler and Pressure Vessel Code. The Summer 1983 Addenda for Section XI does not include any technical requirements related to Division 1, but is being included in the reference to avoid confusion that night occur with a lack of continuity in the addenda references.

Editorial revisions are proposed to correct certain existing footnote and paragraph references that are inconsistent with the last amendment (49 FR 9711) to this rule and to simplify the language. These editorial revisions are contained entirely in $50.55a(g).

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For facilities whose operating licenses were issued prior to March 1,1976, this rule provides the effective date for implementing the inservice inspec-tion requirements and for defining the effective edition and addenda of the Code for the start of the next one-third of a 120-month inspection interval after September 1, 1976. Since this one-third of an inspection interval has already been completed for all applicable facilities, it is proposed that the part of the rule addressing it in $50.55a(g)(4)(iii) be deleted.

Power reactors for which a notice of hearing on an application for a provi-sional construction permit or a construction permit had been published on or before December 31, 1970, were permitted to use the rules for construction required by power reactors that had received their construction permits prior to January 1, 1971. It is proposed that $50.55a(i) which covers this pro-i vision be deleted because it is no longer necessary. Paragraph (c)(4) provides that for these and other facilities that received a construction permit prior to May 14, 1984, the applicable Code Edition and Addenda for a component of the reactor coolant pressure boundary continue to be that Code Edition and Addenda that were required by Cornissior, regulations for the component at the time of issuance of the construction permit.

REGULATORY ANALYSIS l

The Commission has prepared a draft regulatory analysis on this pro-posed regulation. The analysis examines the costs and benefits of the alternatives considered by the Commission. The draft analysis is l available for inspection in the NRC Public Document Room,1717 H Street 4

NW, Washington, DC. Single copies of the analysis may be obtained from Mr. G. C. Millman, Division of Engineering Technology, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Conaission, Washington, D.C. ,

20555, Telephone (301)443-7860.

The Comission requests public comment on the draft regulatory analysis. Coments on the draft analysis may be submitted to the NRC as indicated under the ADDRESSES heading.

PAPERWORK REDUCTION ACT STATEMENT This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.

REGULATORY FLEXIBILITY CERTIFICATION In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C.

605(b), the Comission hereby certifies that this rule will not, if pro-riulgated, have a significant economic impact on a substantial number of small entities. This proposed rule affects only the licensing and operation of nuclear power plants. The companies that own these plants do not fall i

within the scope of the definition of "small entities" set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121. l 5

Since these companies are dominant in their service areas, this proposed rule does not fall within the purview of the Act.

LIST OF SUBJECTS IN 10 CFR PART 50 Antitrust, Classified information, Fire prevention, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors, Penalty, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.

Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 533, the NRC is proposing to adopt the folloving amendments to 10 CFR Part 50 PART 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

1. The authority citation for Part 50 reads as follows:

AUTHORITY: Secs.103,104,161,182,183, IE6,189, 68 Stat. 936, 937, 948, 953, 954, 955, 956, as amende'd, sec. 234, 83 Stat. 1244, as amended (42 U.S.C. 2133, 2134, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, 202, 206, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C. 5841, 5842, 5846),

unless otherwise noted.

I Section 50.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851) . Sections 50.57(d) 50.58, 50.91 and 50.92 also issued l

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under Pub. L.97-415, 96 Stat. 2071, 2073 (42 U.S.C. 2133, 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). Sections 50.100-50.102 also issued under sec. 186, 68 Stat.

955 (42 U.S.C. 2236).

i For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.

2273), 59 50.10(a), (b), and (c), 50.44, 50.46, 50.48, 50.54, and 50.80(a) are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b));

!! 50.10(b) and (c) and 50.54 are issued under sec.161i, 68 Stat. 949, as amended (42 U.S.C 2201(i)); and ll 50.55(e), 50.59(b), 50.70, 50.71, 50.72, 30.73 and 50.78 are issued under sec.1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

2. Section 50.55a is amended as follows:

Paragraph (b)(1) ar.d the introductory text of paragraph (b)(2) are revised; Reference to footnote 2 in paragraph (g)(1) is deleted; References to footnote 3 in paragraphs (g)(2) and paragraphs (g)(3)(ii) and (iv) are deleted; Paragraphs (g)(3)(i) and (iii) are revised; Paragraph (g)(4)(iii) is deleted and reserved; and Paragraph (i) is deleted.

550.55a Codes and standards.

(b)

(1) As used in this section, references to Section III of the ASME 7

i Boiler and Pressure Vessel Code refer to Section III, Division 1, and in-l clude editions through the 1983 Edition and Addenda through the Sumer l

I 1984 Addenda.

(2) As used in this section, references to Section XI of the ASME Boiler and Pressure Vessel Code refer to $ection XI, Division 1, and include editions through the 1983 Edition and Addenda through the Sumer 1983 Addenda, subject to the following limitations and modifications:

(g) * * *

(3) * * *

(i) Components which are classified as ASME Code Class 1 shall be designed and be provided with access to enable the performance of inservice examination of such components and shall meet the preservice examination requirements set forth in Section XI of editions of the ASME 6

Boiler and Pressure Vessel Code and Addenda applied to the construction of the particular component.

(iii) Pumps and valves which are classified as ASME Code Class 1 shall be designed and be provided with access to enable the performance of inservice testing of the pumps and valves for assessing operational readiness set forth in Section XI of editions of the ASME Boiler and

)

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6 Pressure Vessel Code and Addenda applied to the construction of the particular pump or valve or the Sumer 1973 Addenda, whichever is later.

(4) * * *

(iii)[ Reserved]

Dated at this day of 1985.

For the Nuclear Pegulatory Comission.

William J. Dircks, Executive Director for Operations.

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SUPPORTING DOCUMENTATION l

Item 4 Draft Regulatory Analysis for Current Proposed Amendment Revision of 10 CFR 50.55a Codes and Standards

1. Statement of the Problem The General Design Criteria (Appendix A of Part 50) of the NRC Regulations require that structures, systems, and components of light-water-reactors be designed, fabricated, erected, constructed, tested and inspected to quality standards commensurate with the importance of the safety function performed. Without a set of specific rules to implement these quality standards, it would be necessary for each applicant / licensee to develop its own program for submittal to the NPC. Each program would have to be reviewed by the staff on a case-by-case basis. This would increase significantly the licensing review time and would make inspections by the staff more difficult because of the nonstandard nature of each program.

To provide a consistent set of rules, which the industry has participated in developing, $50.55a mandates use of Section III of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code for construction of Class 1, 2, 3 components, and Section XI of the ASME Code for inservice inspection of these components.Section III and Section XI are implemented by applicants / licensees of all light-water-cooled reactors. The NRC first endorsed the ASME Code by reference in 10 CFR 50.55a in 1971. The ASME publishes a new edition of the Code every three years and new addenda every 6 months. It has been a continuing policy of the Commission to update this section of the regulations to keep the references current. In those cases where an item in the ASME Code is inconsistent with NRC criteria, an exception may be taken to endorsing that portion of the Code, or supplementary criteria may be incorporated to make the item consistent with staff requirements.

Section 50.55a last endorsed the 1980 Edition and all addenda throuch the Summer 1982 Addenda. Since then, the Winter 1982 Addenda, Summer 1983 Addenda, Winter 1983 Addenda, Summer 1984 Addenda, and 1983 Edition have been published by the ASME. The purpose of this proposed rule is to incorporate the new edition and addenda into the regulations.

The ASME Code is developed by the consensus process, which ensures that the various industry sectors (e.g., utility, NSSS suppliers, regula-tory) are represented on the standards writing committees and that their viewpoints are considered in the standards writing process. Endorsement of the ASME Code by the NRC provides a method of incorporating rules into the regulatory process that are acceptable to the NRC and have received industry participation in their development.

If the NRC did not take action to endorse the ASME Code, the NRC position on the methods for construction and inservice inspection would have to be established on a case-by-case basis. If the NRC did not take action to update the ASME Code references, improved methods for construction and inservice inspection might not be implemented.

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2. Objectives The proposed' rule would:

o Incorporate by reference into 550.55a of the NRC's regulations the Winter 1982 Addenda, Sumer 1983 Addenda, Winter 1983 Addenda, Sumer 1984 Addenda, and 1983 Edition of Section III, Division 1, and the Winter 1982 Addenda, Summer 1983 Addenda, and 1983 Edition of Section XI, Division 1, of the ASME Boiler and Pressure Vessel Code.

o Incorporate revisions to correct certain existing footnote and paragraph references; to simplify the language of the rule; and to delete two obsolete provisions.

3. Alternatives An alternative to incorporating by reference into NRC's regulations the latest requirements of Section III, Division 1, and Section XI, Division 1, and making certain editorial revisions would be to take no action. This would mean that the NRC position on the methods for construction and inservice inspection contained in the latest edition and addenda of the ASME Code would have to be provided on a case-by-case basis; certain -incorrect footnote and paragraph references would remain in the present rule; and obsolete provisions would remain to clutter the rule.

A second alternative to incorporating by reference the latest requirements of Section III, Division 1, and Section XI, Division 1, is to incorporate the entire text of these sections of the ASME Code into the NRC regulations. Because of the volume of these sections, this approach is not practicable.

4. Consequences Incorporating by reference the latest edition and addenda of the ASME Code will establish the NRC staff position on these Code rules on a generic basis for applicants / licensees thereby minimizing the need for case-by-case evaluations and reducing the time and effort required for submittal preparations and license reviews.

The value/ impact of ASME Code revisions is balanced by the manner in which these revisions are achieved through the American National Standards Institute (ANSI) consensus process. The ANSI consensus process ensures that participation in ASME Code development is open to all persons /

organizations that might reasonably be expected to be directly and materially affected by the activity, and ensures that such persons /

organizations shall have the opportunity for fair and equitable participation without dominance by any single interest. Consensus is established when substantial agreement has been achieved by the interests involved. Consensus requires that all views and objectives be considered, and that a concerted effort be made toward resolution. ASME Code proposed revisions are published for public coment in the ASME Mechanical Engineering and ANSI Reporter publications prior to being submitted for final ASME and ANSI approval. Adverse public coments are referred to the appropriate technical committee for resolution.

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1 The consensus process ensures a proper balance between utility, l regulatory and other interests concerned with revisions to the ASME Code, ,

and ensures that the value of any Code revisions is consistent with its impact.

Implementation of the new Code rules requires certain additional information collection requirements. The Supporting Statement for Information Collection Requirements in 10 CFR 50.55a is provided in Appendix A.

The proposed rule affects only the licensing and 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 in the Small Business Size Standards set out in regula-tions issued by the Small Business Administration at 13 CFR Part 121.

Since these companies are dominant in their service areas, this proposed rule does not fall in the province of this Act. The proposed rule will have no significant effect on a substantial nurber of small companies.

5. Decision Pationale From the above analysis it is concluded that the proposed revision to incorporate the latest edition and addenda of the ASME Code will save applicants / licensees and the NRC staff both time and effort by providing uniform detailed criteria against which the staff can review any single submission. No significant additional cost to the applicants / licensees is expected as a result of NRC endorsement of the new ASME Code edition and C addenda.

6. Implementation No implementation problems are anticipated. The framework for imple-mentation is already established in both the industry and the NRC.

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1 Appendix A Supporting Statement for Information Collection Requirements in .

10 CFR 50.55a  ;

1. Justification

a. Need for the Information Collection NRC Regulations in 10 CFP 50.55a incorporate by reference Section III, Division 1, and Section XI, Division 1, of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code. These sections of the ASME Code set forth the requirements to which nuclear power plant components are designed, constructed, tested and inspected. Inherent in these requirements are certain record keeping functions.

Incorporation of the Winter 1982 Addenda, Sumer 1983 Addenda, Winter 1983 Addenda, Sumer 1984 Addenda, and 1983 Edition for Section III, Division 1, of the B&PV Code adds the following record keeping requirements.

Section III o Winter 1982 Addenda NB-2125, Fabricated Hubbed Flanges - New provision ,

for surface examination requires documentation of '

examination results.

o Summer 1983 Addenda No additional recordkeeping o Winter 1983 Addenda ,

NCA-3650, Design Documents for A3purtenances -

Requires Design Document for eac1 appurtenance that is to be attached to a component unless it is already included in the component Design Documents.

o Sumer 1984 Addenda NB/NC-7240, Review of (Overpressure Protection) Report Af ter Installation - Addendum to report required to document any modification of the installatior. from that used for preparation of the Overpressure Pro-tection Report.

ND-7200, Overpressure Protection Re) ort - Requires overpressure protection report for Class 3 components to define the protected systems and the integrated overpressure protection provided, and (ND-7240) documentation of any modification of the installation from that used for preparation of the Overpressure Protection Report.

o 1983 Edition I All requirements, except those for Winter 1982 Addenda, previously incorporated in separate amendments to 10 CFR 50.55a.

1 The 1983 Edition of Section III is equivalent to the 1980 Edition, as modified by the Summer 1980 Addenda, Winter 1980 Addenda, Sumer 1981 Addenda, Winter 1981 Addenda, Sumer 1982 Addenda, and the Winter 1982 Addenda.

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I Incorporation of the Winter 1982 Addenda, Sumer 1983 Addenda, and the 1983 Edition of Secticn XI, Division 1, of the ASME Code adds the following recordkeeping requirement.

Section XI o Winter 1982 Addenda IWA-6220(b), Preparation (of Records and Reports) - Requires preparation of Owner's Report for Repairs or Replacements (Form NIS-2).

o Sumer 1983 Addenda No additional record keeping o 1983 Edition?

All requirements, except those for Winter 1982 Addenda, previously incorporated in separate amendments to 10 CFR 50.55a.

The Winter 1982 Addenda of the ASME Code references ANSI /ASME NQA-1-1979,

" Quality Assurance Program Requirements for Nuclear Power Plants."

NQA-1-1979 is based upon the contents of ANSI /ASME N45.2-1979, " Quality Assurance Program Requirements for Nuclear Facilities" and seven daughter standards. These standards are referenced in Regulatory Guides 1.28, 1.58,1.64,1.74,1.88,1.123,1.144, and 1.146 as providing methods acceptable for implementing certain NRC quality assurance program requirements. NQA-1-1979 incorporates no record keeping beyond that originally required by the N45 standards upon which it is based. There is, therefore, no additional record keeping burden associated with the endorsement of NQA-1-1979.

b. Practical Utility of the Information Collection These records are used by the licensees, National Board inspectors, insurance companies, and the NRC in the review of a variety of activities, many of which affect safety. The records are generally historical in nature and provide data on which future activities can be based. NRC Inspection and Enforcement personnel can spot check the records required by the ASME Code to determine, for example, if proper inservice examination test methods were utilized.

t c. Duplication With Other Collections of Information ASME requirements are incorporated to avoid the need for writing equivalent NRC requirements. The final rule will not duplicate the information collection requirements contained in any other generic regulatory requirement.

d. Consultations Outside the NRC No consultations. l 2

The 1983 Edition of Section XI is equivalent to the 1980 Edition, as modified by the Winter 1980 Addenda, Winter 1981 Addenda, and the Winter i 1982 Addenda. 1 A-2 l

e. Other Supporting Information

.i NRC applicants and licensees have been compiying with the information collection requirements of the ASME Code since 1970.

No problems with these infomation collection requirements have been identified to the NRC by the applicants or licensees. 1

2. Description of the Information Collection

a. Number and Type of Respondents In general, the information collection requirements incurred by

$50.55a through endorsement of the Code apply to the owners of the 60 nuclear power plants under construction and to the owners of the 80 nuclear power plants in operation. The actual number of plants that would implement the edition and addenda addressed by the proposed revision, and thereby be affected by their information collection requirements, is dependent on a variety of factors. These factors include whether the application is for Section III or Section XI, the class and type of components involved, the dates of the construction permit and construction permit application, the schedule of the inservice inspection program, and whether the plant voluntarily elects to implement updated editions and addenda of the Code,

b. Reasonableness of the Schedule for Collecting Infomation The information is generally not collected, but is retained by the licensee to be made available to the NRC in the event of an NRC inspection or audit. The preservice and inservice inspection plans are, however, submitted to the NRC for review as part of the application for an operating license.

c. Method of Collecting the Information See Item 2(b).

d. Adequacy of the Description of the Infomation The ASME Code provides listings of information required and specific forms to assist, where necessary, in documenting required infomation.

e. Record Retention Period The retention period for information is in accordance with a schedule provided in the ASME Code. The retention periods for the more significant information keeping requirements specified in Item 1.a above are:

A-3

1 Information Retention Period (3)

Design document for appurtenances Lifetime bverpressure protection report lifetime Reports for repair and replacement Lifetime

3. Estimate of Burden

a. Estimated Hours The information collection requirements inherent in incorporating by reference the latest edition and addenda of Section III, Division 1, and Section XI, Division 1, of the ASME Code are identified in Item 1.a above. These requirements may be categorized in terms of Section III requirements that document component / system design and the results of construction examinations, and Section XI requirements that document repairs and replacements.

The additional Section III requirements incur a one-time burden on plants under construction. The information collection requirements associated with the proposed edition and addenda are generation of the design documents for appurtenances and the overpressure protection report. Section 50.55a specifies that the Code Edition, Addenda, and optional Code Cases to be applied to reactor coolant pressure boundary, and Quality Group B and Quality Group C components must be deter-mined by the provisions of paragraph NCA-1140 of Subsection NCA of Section III of the ASME Code. NCA-1140 specifies that the owner (or his designee) shall establish the ASME Code edition and addenda to be included in the Design Specifications, but that in no case shall the Code edition and addenda dates established in the Design Specifications be earlier than three years prior to the date that the nuclear power plant construction permit is docketed. NCA-1140 further states that later ASME Code editions and addenda may be used by mutual consent of the Owner (or his designee) and Certificate Holder.

The earliest Section III addenda being addressed in the proposed rule is the Winter 1982 Addenda, since the last plant to be docketed that is still under construction was docketed in October 1974 (Palo Verde Units 1, 2, 3), there is no plant under construction for which implementation of the Section III edition and addenda specified in the proposed rule is a requirement.

Plants may implement these improved rules on a voluntary basis, but unless they make that choice, there is no additional paperwork burden associated with incorporating the proposed Section III edition and addenda.

Service lifetime of the component or system.

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The additional Section XI requirements incur a burden associated with the documentation of component repairs and replacements.

To facilitate this documentation,Section XI provides Form l NIS-2, "0wners' Report for Repairs or Replacements." 1 Information required by this form relates to identifying the  !

owner and facility; identifying the components repaired or I replaced and replacement components; identifying the type of l work, the repair organization and by whom the work was performed; and identifying the type of tests conducted. A portion of this infomation, such as that to identify the owner, facility and components is already required by Form NIS-1,

" Owners' Data Report for Inservice Inspections," (Form NIS-1 was part of an addenda previously incorporated by reference into Section 50.55a). Most of the remaining infomation required by Form NIS-2 can be obtained from the previously prepared component work / repair order. It is estimated that the time required to complete the required documentation on Form NIS-2 is one hour.

Nuclear power plants are required to update their inservice inspection programs by incorporating into their initial 120-month inspection interval requirements of the latest edition and addenda of Section XI, Division 1, that have been incorporated by reference into 650.55a as of 12 months prior to s the date of issuance of the operating license; and by incorporating into successive 120-mopth inspection intervals requirements of the latest edition and addenda of Section XI that have been incorporated by reference as of 12 months prior to the start of a 120-month inspection interval. On this basis, most plants will at one time be required to implement the Section XI, Division 1, edition and addenda specified in the proposed rule. The number of plants that will be implementing the specified edition and addenda will grow gradually as each plant updates it inservices inspection program at the 10-year interval. Therefore, conservatively, the total number of plants that may ultimately be required to implement the specified edition and addenda is 127 (i.e., 90 operating plants and 37 plants under construction).

Inservice inspections are typically performed at the time of refueling (i.e., approximately every 18 Konths).. The need to complete an NIS-2 form would occur as a result of a repair required by the results of an inservice inspection, or as a result of an unanticipated repair between refuelings.

Typically, 2 NIS-2 forms are completed for repairs resulting from the inspection and 2 for repairs required during operation.

Assuming applicability to 127 plants, and the completion of 4 NIS-2 forms by each plant every 18 months, with ten hours required to collect information and complete each form, it is estimated that the total time required by all utilities to complete the NIS-2 fonn is approximately 3400 hours0.0394 days <br />0.944 hours <br />0.00562 weeks <br />0.00129 months <br /> / year.

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b. Estimated Cost Required to Respond to the Collection Based upon the hours specified in Item 3.a. it is estimated that the cost of responding to the information collection required by the Section III, Division 1, and Section XI, Division 1, edition and addenda specified in the proposed amendment to 650.55a is a total of $170,000/ year (3400 hrs x $50/hr) for 127 plants.

c. Source of Burden Data and Method for Estimating Burden Estimates of the number of NIS-2 forms that are completed during a year and the time required to collect the necessary information and to complete the forms, were obtained from utility staff inservice inspection specialists and NRC staff in the Office of Inspection and Enforcement (regional and headquarters) engaged in inservice inspection activities.

d. Reasonableness of Burden Estimate The estimate of the burden is considered reasonable because of the reliable source of the burden data.

4. Estimate of Cost to the Federal Government NRC inspection personnel who audit plant quality assurance records would include in their audit verification of the proper implementation of the NIS-2 form. The time associated with NRC inspectors verifying use of the NIS-2 form would be extremely small when the activity is performed as part of a normal quality assurance audit.

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Item 5 Certification of Application of Procedures The following documents have been reviewed and it is determined, to the best of my knowledge, that the procedures and guidance contained therein, to the extent they are applicable, have been used by the staff in undertaking the proposed rulemaking.

Item Title NUREG/BR-0053, August 1982 NRC Regulations Handbook NUREG/BR-0055, August 1982 Checklist for Preparation and Review of Federal Register Rulemaking Documents NUREG/BR-0058, May 1984 Regulatory Analysis Guide-lines of the U.S. Nuclear Regulatory Commission NUREG/BR-0072, Rev.1. January 1984 EDO Procedures Manual NUREG/CR-3568, December 1983 A Handbook for Value-Impact Assessment NRC Appendix 0240, December 1981 Correspondence Handbook i

Charter, Rev.1 January 6,1984 Committee to Review Generic Requirements (Charter) '

Charter, January 4, 1984 Cost Analysis Group (Charter)

NRC Manual Chapter 0230 Information Collection and (Interim Draft) August 1983 Report Management NUREG-0885 U.S. Nuclear Regulatory Com-mission Policy and Planning Guidance 10 CFR Part 2 Rules of Practice for Domestic Licensing i Proceedings 10 CFR Part 51 Licensing and Regulatory Policy  ;

and Procedures for Environmental 4 Protection O U . N / A r n s e -- AVW'y Gilbert C./Millman Date Task Leader, 10CFR50.55a

• 4 USER OFFICE CONCURRENCE

/g>* *E cg g UNIT ED STATES

[

5 c., .( E NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555

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/

JAI.10 653 MEMORANDUM FOR: Guy A. Arlotto, Director Division of Engineering Technology Office of Nuclear Regulatory Research FROM: E. L. Jordan, Director Division of Emergency Preparedness and Engineering Response Office of Inspection and Enforcerrent

SUBJECT:

RECOMMENDATION TO EDO ON NEED TO REVISE 10 CFR 50.55a As requested by your memorandum dated December 27, 1984, I an returning a copy of your memorandum and its enclosure, properly endorsed.

We believe that the development and periodic upaatir.g of 10 CFR 50.55a is a very important contribution to effective implementation of the NRC mission.

N f. /W g E. L. Jordan, Director Division of Emergency Preparedness and Engineering Response Office of Inspection and Enforcement

Enclosure:

As stated cc: R. C. DeYoung, IE J. M. Taylor, IE J. N. Grace, IE R. Vollmer, NRR S. A. Schwartz, IE R. L. Baer, IE A. W. Dromerick, IE J. Henderson, IE

Contact:

Jim Henderson, IE 492-9654 l

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. . Tern He nde(Sc ()

MEMORANDUM FOR: R. H. Vollmer. Director Division of Engineering, NRR E. J. Jordan, Director Division of Emergency Preparedness

& Engineering Response, IE  ;

FROM: Guy A. Arlotto, Director I Division of Engineering Technology, Office of Nuclear Regulatory Research

SUBJECT:

DRAFT RECOMMENDATIONS TO ED0 CONCERNING WHETHER AND HOW L TO CONTINUE WITH ONGOING RULEMAKING SPONSORED BY RES -

C Enclosed for your consideration are draft recommendations supported by a draft office review concerning whether and how to continue periodic .

amendments to 10 CFR 50.55a, Codes and Standards, for which your office is 8 identified as the user office. '

This memorandum constitutes my concurrence in the enclosed l recommendations.

draft  ;

I plan to dispatch this memorandun with the enclosed draft recommendations to the Director, RES, two weeks from the above date. ]-

Please acknowledge receipt by returning this memorandum and the attached >

enclosure with or without comments on the draft recommendations.

Guy A. Arlotto, Director Division of Engineering Technology -

Office of Nuclear Regulatory Research

Enclosure:

As stated i

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RECEIPT ACKNOWLEDGED. CONCURRED IN W11H001 COMMENT.

RECEIPT ACKNOWLEDGED. COMMENT AS FOLLOWS: X We believe that the development and periodic updating of 10 CFR 50.55a is a very important contribution to effective implementation of the NRC mission.

l l

l R. H. Vollmer. Director i Division of Engineering, NRR l

$4d//Q b"/ E. J. Jordan Director Division of Emergency Preparedness &

Engineering Response, IE Originator RES Branch RES Division

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