ML20211J358

Discusses CRGR Endorsement of Final Rule Amending Paragraph (H) 10CFR50.55a

ML20211J358
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Issue date:	10/21/1998
From:	Tripathi R NRC
To:	Spessard R NRC
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(

. Minutes of CRGR Meeting No. 326, August 11,1998 h

From: Raji Tripathi To: R. Lee Spessard Date: Wed, Oct ?1,1998 5:05 PM )

Subject:

CRGR ENLVRSEMENT OF FINAL RULE AMENDING PARAGRAPH (h) 10 CFR 50.55a -

- On August 11,1998, at its 326th meeting, the Committee to Review Ge.neric Requirements (CRGR) reviewed the final rule to amend Paragraph (h) of 10 CFR 50.55a, " Codes and Standards." Following the CRGR meeting, via a couple of e-mail exchanges on August 20, j

1998, between you, Satish Aggar. val of RES, and myself, the following agreement was reached '

on CRGR comments and recommendations: l

1. The Committee noted that a regulatory guide would have been a better vehicle to accomplish I the purpose; however, recognizing the schedule impact, the Committee did not press this point.

i L 2. On Page 4 of the FederaI Register Notice (FRN), delete the words, " June 12,1998."

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3. In the proposed rule language, in Paragraph (h)(1), delete the sentence "...A notice of any changes made to the material incorporated by reference will be published in the Federal I

Register..." as it imposes an unending burden on the staff.

4. Also in the proposed rule language, in Paragraph (h)(2), in the sentence " ..For nuclear power plants with construction permits issued before January 1,1971, any changes to protection )

systems...", delete the words,"any changes".

5. Additionally, in the proposed rule language, delete any references to " operating licenses" as f the future plants will be issued a combined license.

On August 20,1998, Mr. Aggarwal sent a revised FRN, which addressed all except item 4, as j

noted above. He acknowledged this inadvertent omission and assured necessary changes to I the FRN. However, we received no furths communication and no formal CRGR endorsement was sent. On October 21,1998, Mr. Aggarwal asked for a formal CRGR endorsement, and at mt request, also assured that for completeness of the CRGR records he would send me the final version of the FRN.

Based on Mr. Aggarwal's assurance of forwarding an FRN which would have incorporatec all the aforementioned changes, and your previous concurrence via e-mail to me, this communication formally relays CRGR endorsement for issuance of the final rule to amend Paragraph (h) of 10 CFR 50.55a.

Raji (415-7584) cc: CRGR Members, Jocelyn Mitchell, Satish Aggarwal 9909030127 990310 PDR REV0P fWt0CROR l'EETINO324 PDR o

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NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 J RIN 3150-AF96 Codes and Standards: IEEE National Consensus Standard

. AGENCY: Nuclear Regulatory Commission.

f ACTION: 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. Use of IEEE Std, 603-1991 would be mandatory for new nuclear power plants after January 1,1999 and would be voluntary for existing nuclear power plants. This action is necessary to endorse the latest version of this national consensus standard in NRC's regulations because IEEE has withdrawn IEEE Std 279-1971.

EFFECTIVE DATE: The final rule is effective on (30 days after publication in the Fec eral Register). The inwrporation by reference of IEEE Std. 603-1991 is approved by the Director of the Federal Re gister as of (30 days after publication).

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FOR FURTHER INFORMATION CONTACT: Satish K. Agganval, Senior Program Manager, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Telephone: 301-415-6005, Fax: 301-415-5074, E-mail: SKA@NRC. GOV.

SUPPLEMENTARY INFORMATION:

10 CFR Part 50," Domestic Licensing of Production and Utilization Facilities," 650.55a(h) requires that the protection systems in nuclear power plants meet the requirements stated 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 has withdrawn IEEE Std. 279-1971,~ and has superseded it with IEEE Std. 603-1991, " Criteria for Safety Systems for Nuclear Power Generating Stations." On April 23,1998 (63 FR 20136), the NRC published a proposed rule in the Federal Register that would amend its regulations to incorporate IEEE Std. 603-1991 for power, instrumentation, and control portions of safety systems. This action is consistent with the provisions of the National Technology Transfer and Advancement Act of 1995, Pub. L.104-113, which encourages Federal regulatory agencie.s to consid9r adopting industry consensus standards as an alternative to de novo agency development of standards affecting an industry. This action is also consistent with the NRC policy of evaluating the latest versions of national consensus standards in terms of their suitability for endorsement by i

regulations or regulatory guides.

Currently,10 CFR 50.55a(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. 279-1971 states that a " protection system" encompasses all electric and mechanical devices and 2

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circuitry (from sensors 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 safety features (ESFs), such l

as containment isolation, core spray, safety injection, pressure reduction, and air cleaning.

" Protective function"is defined in IEEE Std. 279-1971 as "the sensing of one or more variables associated with a particular generating station condition, signal processing, and the initiation and completion of the protective action at values of the variables established in the design bases."

IEEE Std. 603-1991 uses the term " safety systems" rather than " protection systems" to define its scope. A " safety system" is defined in IEEE Std. 603-1991 as "a system that is relied upon to remain functional during and following design basis events to ensure: (i) The integrity of the reactor coolant pressure boundary, (ii) the capability to shut down the reactor and maintain it in a safe shutdown condition, or (iii) the capability to prevent or mitigate the consequences of accidents that could result in potential offsite exposures comparable to the 10 CFR Part 100 guidelines." A " safety function" is defined in IEEE Std. 603-1991 as "one of the processes or conditions (for example, emergency negative reactivity insertion, post-accident heat removal, emergency core cooling, post-accident radioactivity removal, and containment isolation) essential to maintain plant parameters within acceptable limits established for a design basis event." j The NRC recognizes that " protection systems" are a subset of " safety systems." Safety system is a broad-based and all-encompassing term, embracing the protection system in addition to other electrical systems. Thus, the term " protect;on system" is not synonymous with l

the term " safety system." The final rule is not intended to change the scope of the systems covered in the final safety analysis report (FSAR) for currently operating nuclear power plants.

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i This final rule would mandate the use of IEEE Std. 603-1991 (including the correction sheet dated January 30,1995) for safety systems 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 stated in the' edition or revision of IEEE Std. 279 in effect on the formal date of their application for a construction permit or may, at their option, use IEEE Std. 603-1991, if they comply with all applicable requirements for making changes to their licensing basis.

Significant Comments on the Proposed Rule Sy June 12,1000, The NRC received 16 letters commenting on the content of the proposed rule from the public. Copies of these letters are available for public inspection and copying for a fee at the NRC's Public Document Room. The major issues raised by the commenters and the NRC staff responses to these issues are as follows:

(1) Ambiguity in the Definition of" System-Level Replacements."

issue: The term system-level replacement is not clearly defined. The rule would create a duai licensing basis for plant protection systems.

Resoonsel System-level replacement for a protection system must involve complete replacement from the process sensors to the actuation signals used for the initiation of execute features (e.g., reactor trip system trip breaker, scram solenoid-operated valves, and ESF motive equipment operation). A licensee's current licensing basis applies when defining protection system boundaries. A licensee's protection systems are typically defined and discussed in Final Safety Analysis Report Sections 7.1,7.2, and 7.3. The decision to establish and manage a dual licensing basis is voluntary, not mandatory. Reference to system-level replacements has been 4

4 removed in this final rule, because the compliance with the requirements of IEEE Std. 603-1991

- is voluntary for changes to protection systems.

(2) Referenced Standards.

Issue: The NRC staff states that the other IEEE standards referenced in IEEE Std. 603-1991 will not by themselves become mandatory. However, this position was not restated in the rule 'itself.'

Response: This is the established NRC practice with respect to the use of referenced standards. The NRC staff does not see a need to restate this practice in the text of this rule.

-(3) Backfit Analysis.

Issue: Incorporating the additional requirements of IEEE Std. 603-1991 as a binding regulation would impose a change to the current licensing basis and constitutes a backfit.

Resoonse: The NRC staff recognizes that full compliance with the requirements of IEEE Std. 603-1991 for operating nuclear power plants may not be practical or cost effective.

Accordingly, the NRC staff has revised the rule to make compliance with the requirements of IEEE Std. 603-1991 voluntary. Therefore, any further discussion of backfit and other public comments is unnecessary.

Consensus Standards The National Technology Transfer Act of 1995, Pub. L.104-113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards' bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this final rule, the NRC is using the following voluntary consensus 5

standards, IEEE Std. 603-1991, including the correction sheet dated January _30,1995. No alternative voluntary consensus standard (s) were identified for use in this final rule.

Finding of No EnvironmentalImpact: Availability of Environmental Assessment The NRC has determined under the National Environmental Policy Act of 1969, as amended, and the NRC's regulations in subpart A of 10 CFR Part 51, that because this final rule would not be a major Federal action significantly affecting the quality of the human environment, an environmental impact statement is not required. The NRC has prepared an environmental j assessment supporting this finding of no significant environmental impact.

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

assessment. No comments were received. The environmental assessment is available for inspection at the NRC Pot'lic Document Room,2120 L Street, NW., Washington, D.C. Also, the NRC has committed itself to complying in all its actions with Presidential Executive Order 12898,

" Federal Actions To Address Environmental Justice in Minority Populations and Low-Income

. Populations" (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 environmental justice: Environmental justice means the l fair treatment and meaningful involvement of all people- regardless of race, ethnicity, culture, income, or educational level-with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

Paperwork Reduction Act Statement 6

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l 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.

Regulatory Analysis The NRC has prepared a regulatory analysis that shows this amendment does not impose any new requirements or costs on current licensees because compliance with the requirements of 75E Std. 603-1991 is voluntary. The regulatory analysis is available for inspection in the NRC Public Document Room,2120 L Street NW., Washington, DC.

Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this rule does 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 7

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l within the scope of the definition of "small entities" stated in the Regulatory Flexibility Act or the l small business size standards adopted by the NRC (10 CFR 2.810). Because these companies are dominant in their service areas, this rule does not fall within the purview of the act.

Backfit Analysis The final rule requires applicants and holders of new construction permits, new operating licenses, new final design certifications, and combined icenses l to comp yl w ti h IEEE Std. 603-1991 (including the correction sheet dated January 30,1995). Conformance to IEEE Std. 603-1991 for changes to protection systems in existing operating plants is voluntary.

The backfit rule was not intended to apply to regulatory actions that change expectations of prospective applicants and, therefore, the backfit rule does not apply to the portion of t'he rule applicable to new construction permits, new operating licenses, new final design approvals, new design certifications, and combined licenses.

The NRC staff believes that newer consensus standards reflect progress and the current

" state of the practice" of the technology. Specifically, IEEE Std. 603-1991 is a major improvement over IEEE Std. 279-1971. IEEE Std. 279-1971 provides basic criteria for protection systems, which remain unchanged in IEEE Std. 603-1991. If a licensee proposes to replace an existing analog protection system with a digital, IEEE Std. 279-1971 provides no specific guidance. Therefore, licensees are likely to consider the guidance in IEEE 603-1991 and other standards that address digital system design. The NRC staff encourages the use of digital technology and encourages the use of new standards such as IEEE 603-1991. Thus, the final rule provides an option for complying with the new standard for changes to existing 8

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power and instrumentation and control portions of protection systems. This is not considered a backfit, because the adoption of IEEE Std. 603-1991 would be voluntary.

in summary, the NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this rule because it does not impose any backfits as defined in 10 CFR 50.109(a)(1).

Therefore, a backfit analysis has not been prepared for this final rule.

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

the Office of Information and Regulatory Affairs of OMB.

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

For the reasons stated in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the

. following amendment to 10 CFR Part 50.

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PART 50-DOMESTIC LICENSING OF PRODUCTION AAD UTILIZATION FACILITIES

1. 'The authority citation for Part 50 continues to read as foll ws:

AUTHORITY: Secs.102,103,104,105,161,182,183,186,189,68 Stat. 936,937, 938,948,953,954,955,956, as amended, sec. '234,83 Stat.1244, as amended (42 U.S.C.

2132,2133,2134,2135,2201,2232,2233,2236,2239,2282); secs. 201, as amended,202, 206,- 88 Stat.1242, as amended, 1244,1246 (42 U.S.C. 5841, 5842, 5846).

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

5851). Section 50.10 also issued under secs. 101,185,68 Stat. 955 as amended (42 U.S.C.

2131,2235), sec.102, Pub. L.91-190,83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, and 50.54(dd), and 50.103 also issued under sec.108,68 Stat. 939, as 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.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. 22'o h.

2. In 9 50.55a, paragraph (h)is revised to read as follows:

9 50.55a Codes and standards.

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(h) Protection and Safety Systems. (1) IEEE Std. 603-1991, including the correction sheet dated January 30,1995, which is referenced in paragraphs (h)(2) and (h)(3) of this section, is approved for incorporation by reference by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. A not:ce of any chang;; rnede  !

l to the in;;;;;e; ;ncerper;;;d by r;ference w;ll b; pub ll;hed in the ' ;;'crel 0;gl;;;r 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. The standard is also available for inspection at the NRC Library,11545 Rockville Pike, Rockville, Md; and at the Office of the Federal Register,800 North Capitol Street, NW., Suite 700, Washington, D.C.

IEEE Std. 279, which is referenced in paragraph (h)(2) of this section, was approved for ,

incorporation by reference by the Director of the Office of the Federal Register lo 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) Protection systems. For nuclear power plants with construction permits issued after January 1,1971 but before January 1,1999, protection systems must meet the requirements stated in either 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. For nuclear power plants with

- construction permits issued before January 1,1971, any change; :s protection systems must be consistent with their licensing basis or may meet the requirements of IEEE Std. 603-1991 and the evii ction sheet dated January 30,1995. .

(3) Safety systems. For construction permits, ep;re:;ng ::cen;;;, final design approvals, 11 i 4

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9 design certifications, and combined licenses issued on or after January 1,1999, 1

safety systems must meet the requirements stated in IEEE Std. 603-1991 and the correction sheet dated January 30,1995.

Dated at Rockville, Maryland, this day of .1998.

For the Nuclear Regulatory Commission.

John C. Hoyle Secretary of the Commission 5

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. I William D. Travers  !

staff of having to publish in the Federal Register, each time there are any changes to the material incorporated in the rule by reference; (3) The proposed wording in 50.55(a)(h)(2) should be made consistent with respect to the protection system requirements and changes to protection systems; and (4) The proposed wording in 50.55(a)(h)(3) should be modified because, in addition to combined licenses, it includes a reference to construction permits and operating licenses; the future plants will be securing combined licenses.

The staff incorporated the CRGR comments and recommendations and revised the rule language, which was submitted for the Committee's endorsement on October 21,1998. On November 3,1998, the CRGR endorsement was relayed to the staff. (Attachment 2). ,

Questions conceming these meeting minutes should be referred to Raji Tripathi (415-7584).

Attachments: As stated cc: Commission (5) SECY M.Knapp,DEDE F. Miraglia, DEDO J. Lieberman, OE M. Springer, ADM '

H. Bell, OlG K. Cyr, OGC J. Larkins, ACRS H. Miller, R-l L. Reyes, R-Il J. Dyer, R-Ill E. Merschoff, R-IV C. Paperiello, NMSS A. Thadani, RES S. Collins, NRR >

Distribution:

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