ML20212A835

Informs That Commission Has Sent Enclosed Direct Final Rule & Proposed Amends to Commission Rules in 10CFR50 to Fr.Amends Would Correct Error in Language of Several Sections in Regulations Governing Nuclear Power Plant

ML20212A835
Person / Time
Issue date:	09/08/1997
From:	Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Inhofe J, Schaefer D HOUSE OF REP., SENATE, ENVIRONMENT & PUBLIC WORKS
References
CCS, NUDOCS 9710270019
Download: ML20212A835 (2)

Text

- __ ____ _ - _ _ __

0/c $nliZ 3

p-

,f* ,,'%,% UNITED STATES

• 1

} NUCLEAR REGULATORY COMMIS810N i 'F WASHINGTON, D.C. 30eeHm01

,,,,, September 8, 1997 The Honorable James H. Inhofe. Chairman Subcommittee on Clean Air. Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The Nuclear Regulatory Commission (NRC) has sent to the Office of the Federal Register the enclosed direct final rule and proposed amendments to the Con nission's rules in 10 CFR Part 50. The amendments if adopted, would l

werect an error in the language of several sections in the regulations governing nuclear power plant licensing which define the term, " safety related systems, structures, and components "

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

Enclosure:

Federal Register Notice cc: Senator Bob Graham

u "M8" 7J8%

lllliIlIlllillli,liljllllli

. saa % q' pe t UNITE 3 STATES P; NUCLEAR REGULATORY COMM18SION i '

WASHINGTON, D.C. 300tH001

• t,

,,,g September 8, 1997 The Honorable Dan Schaefer. Chairman Subcomittee on Energy and Power Comittee on Commerce United States House of Representatives l Washington, DC 20515

Dear Mr. Chairman:

The Nuclear Regulatory Comission (NRC) has sent to the Office of the Federal Register the enclosed direct final rule and proposed amendments to the i

l Comission's rules in 10 CFR Part 50. The amendments. if adopted. Would correct an error in the language of several sections in the regulations i governing nuclear power plant licensing which define the term. " safety related systems, structures, and components."

Sincerely.

N m Dennis K. Rathbun. Director Office of Congressional Affairs

Enclosure:

Federal Register Notice cc: Representative Ralph Hall

1. [7590 01 P]

NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 RIN 3150.AF75 Definition of Safety Related Structures, Systems, and Components; Technical Amendment AGENCY: Nuclear Regulatory Commission. <

I ACTION: Direct final rule.

SUMMARY

The Nuclear Regulatory Commission is amending its regulations to correct an error in the language of several sections in the regulations goveming nuclear power plant licensing that define the term," safety related structures, systems, and components." These definitions are inconsistent with sne definition in regulations applicable to the siting of nuclear power plants and the Commission's longstanding pr6ctice and interpretation of that term.

EFFECTIVE DATE: This direct final rule is effective (60 days after publication in the Federal Register), unless significant adverse comments are received by [30 days after publication in thu Federal Register). If significant adverse comments are received, the effective date will be delayed and timely notice will be published in the Federal Register.

ADDRESSES: Mall comments to: Secretary, U.S. Nuclear Regulatory Commbslon, Washington, DC 20555 0001, Attention: Rulemakings and Adjudications Staff. Hand deliver

- comments to 11555 Rockville Pike, Maryiand, between 7:30 am and 4:15 pm on Federal workdays.

6i' i

. For information on submitting comments electronically, see the discussion under E'loctronic Access in the Supplementary information Section.

Copies of any comments received may be examined at the NRC Public Document Room, 2120 L Street NW (Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: Geary S. Mizuno, Office of General Counsel, U.S.

Nuclear Regulatory Commission, Washington DC 20555 0001, telephone (301) 415163g,; e mail GSM@nrc. gov, or Clark Prichard, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555 0001, telephone (301) 416-6203; e mail CWP@nrc. gov.

SUPPLEMENTARY INFORMATION:

This direct final rule corrects an error in the language of several regulations in 10 CFR Part 50 defining the term, " safety related structures, systems, and components," which is inconsistent with the concept of ' safety related structures, systems, and components' in 10 CFR Part 100, Appendix A.

Currently, " safety-related structures, systems, and components"in 10 CFR 50.2 (Definitions) and 10 CFR 50.65 (Maintenance Rule), and ' safety related electrical equipment"in 10 CFR 50.4g (Environmental Qualifications Rule) are defined as those structures, systems and components that are relied upon to remain functional during and following design basis events to ensure:

(1) The integrity of the reactor coolant pressure boundary, (2) The capability to shut down the reactor and maintain it in a safe shutdown condition, and

'2

___.-_m.... - -, - . , . .._ - e

e

. (3) The capability to prevent or mitigate the consequences of accidents which could result in potential offsite exposures comparable to the applicable guideline exposures set forth in 6 60.34(a)(1) or 6100.11 of this chapter, as applicable. (emphasis added)

The corrections would replace the conjunctive word, "and," by the disjunctive word, "or,"

in these regulations, thereby clarifying that a structure, system, or component which falls into any one (or more) of the three categories set forth in the definition shall be regarded as " safety-related." The correction would also delete the word,

• postulated,"in the definition of safety-related structures, systems, and components

• in 10 CFR 50.2. The cor octions do not constitute a change in Commission policy with respect to the scope of structures, systems, and components to be regarded as " safety related." Rather, the corrections will conform the language in 10 CFR 50.2,50.4g and 50.65 to the language in 10 CFR Part 100, Appendix A, where the concept of

• safety related structures, systems and components" was first incorporated into the Commission's regulations.

In 10 CFR Part 100, Appendix A, which sets forth the seismic design requirements for nuclear power plants, the nuclear power plant applicant must determine the design basis for vibratory ground motion from the " Safe Shutdown Earthquake"(SSE). Once the SSE is determined, the nuclear power plant must be designed such that "if a Safe Shutdown Earthquake occurs, certain structures, systems and components will remain functional." g, Subparegraph VI.(a)(1). The regulation then defines these structures, systems and components which must be designed to withstand the SSE as those necessary to assure:

(i) the integrity of the reactor coolant pressure boundary, (ii) the capability to shut dovm the reactor and maintain it in a safe shutdown condition, or (iii) the capability to prevent or mitigate tha consequences of accidents which could result in potential offsite exposures comparable to the guideline exposures of this part."(emphasis

'3

. ......m.. : .._2...... .______.

s

. added). .

jd., att 3,11210 CFR Part 100, Appendix A, Section Ill, definition of ' safe shutdown earthquake.' The regulation then denotes these structures, systems aM components as " safety.

related." 10 CFR Part 100, Appendix A, Subparagraph VI.(a)(1)(second textual paragraph).'

The first regulation in 10 CFR Part !O utilizing the term, " safety-related" was 10 CFR Part 50, Appendix B, the introduction of which stated that the requirements of the appendix applied to the " safety related functions" of structures, systems, and components which prevent or mitigate the consequences of postulated accidents. However, Appendix B did not actuallyinclude a definition of

• safety related", The first regulation in 10 CFR Part 50 to include a definition of l " safety related structures, systems, and components"was 10 CFR 50.49. As originally promulgated,5 50.49((b)(1) defined

• safety related equipment" as those necessary "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 condition, and (iii) the capability to prevent or mitigate the consequences of accidents which could result in potential offsite exposures comparable to the 10 CFR Part 100 guidelines."(emphasis added)

(48 FR 2729; January 21,1983).

Thus, the core definition of

• safety related equipment

• in 10 CFR 50.49 was essentially the same as the definition of ' safety related structures, systems, and components"in 10 CFR Part 100, Appendix A. However, nothing in the statements of considerations for the proposed or final 10 CFR 50.49 explains why the "or" in the core definition of " safety related" was changed to "and." Ett 47 FR 2876; January 20,1982 proposed nate and 48 FR 2729; January 21,1983 -

1 See also 38 FR 31279 at 31280 (November 13,1973)(middle enlumn) noting that Paragraph Vi(a)(1) of the final rule was changed to " eliminate the requirement that safety relafed structures, systems, and components also be designed to withstand the effects of vibratory motion of fifty percent of the Safe Shutdov9 Earthquake in combination with other appropriate loads we!! within elastic limits."(emphasis o ).

'4

s final rule. Nor was there any discussion in the statements of considerations which would suggest that the Commission intended to narrow the scope of structures, systems and components that would be considered " safety .4 lated." Indeed, language in Revision 1 to Regulatory Guide (RO) 1.89, " Environmental Qualification of Certain Electrical Equipment important to Safety for Nuclear Power Plants"(June 1984) strongly suggests that the use of the conjunctive word,"and"was an error and was not intended to change the fundamental scope of safety related structures, systems and components. Appendix A to RG 1.89,' Typical Safety Related Electrical Equipment or System," purports to list systems and equipment that are

• safety re ted." However, none of the equipment and systems actually listed as being " safety related" would meet the definition of safety related structures, systems and components if the conjunctive "and" were interpreted to require all three criteria in the " safety related" definition to be satisfied. Moreover, a footnote to Appendix A of RG 1.89 states:

Paragraph 50.49(b)(1)identifics safety related electrical equipment as a subset of electrical equipment important to safety and defines it as the equipment that is relied upon to remain functional during and following design basis events to ensure (1) the integrity of the reactor coolant pressure boundary, (2) the capability to shut down the reactor and meintain it in a safe condition, or (3) the capability to prevent or mitigate the consequences of accidents which could result in potential offsite exposures comparable to the 10 CFR Part 100 guidelines. (emphc31s added)

That the RG uses the disjunctive "or" when describing the underlying regulatory requirement of 10 CFR 50.49 is a strong indication that the NRC did not intena to ch&nge the scope of structures, systems, and components deemed to be

• safety related," and that the use of

• 5

, the cor$unctive word, "and," was a grammatics error.

The conjunctive wc1, "and," was subs aquently used in the Maintenance Rule,10 CFR -

- 50.65, to describe the structures, sytstems, and components subject to the rule, as well as in the

- definition of " safety-related structures, systems, and components" contained in 10 CFR 50.2, which was added by a 1996 rulemaking amending Parts 50 and 100. Because the statements of ccasiderations for the proposed :and final rules did not contain any discus *lon of the " safety-related" definition, 'he Commission concludes that the subsequent rules simply repeated the

, definition used in 10 CFR 50.49 without intending any change in the scope of safety-related structures, systems, and cortponents. Egg 53 FR 47822 (November 28,1988 - proposed Maintenance Rule); 56 FR 3f.324 (July 10,1991 final Maintenance Rule); 57 FR 47802 (October 20,1992 first proposed rule amending parts 50 and 100); 59 FR 52255 (October 17,1994 -

l second proposed rule amending parts 50 and 100); and 61 FR 65171 (December 11,1996 - final rule amending parts 50 and 100).

The final rule amending 10 CFR Parts 50 and 100, which inig.r 31!g added the definition of I

• safety-related structure's, systems, and components to 10 CFR 50.2, also added the word,

" postulated," to the tem 1, " design basis cvents," so that the term reads, " design basis (postulated) events." Nothing in the statements of consideration for the first or second proposed -

rules, or the final rule, explains the addition of the word, " postulated," in the Section 50.2 definition of" safety-related structures, systems, and componentt while leaving it out of the de,initions of " safety-related structures, systems, and components"in 10 CFR 50.65 and 10 CFR Part 100, Appendix A, and " safety related slectrical equipmeni in 10 CFR 50.49. Therefore, the Commission also concludes that the addition of the word," postulated" was an error and should -

be removed to conform the definition of " safety-related structures, systems, and components" to the long standing wording of that term.

6

..________]

'h For these reasons, the Commission has determined that the amendments to 10 CFR 50.2,50'.49, and 50.65 ero of a corrective nature, and do not involve any change in existing policy or otherwise constitute a new policy with respect to the scope of structures, systems, and components considered to be " safety related." Furthermore, since these amendments clarify the original intent of the Commission, they can be considered to be an interpretation of existing regulations. Accordingly, the Commission finds that public notice and opportunity for comment are unnecessary pursuant to 10 U.S.C. 553(b)(3)(A) and (B), and the Commission is publishing this rule in final form without first seeking public comments on the amendment in a proposed rule. However, if the NRC receives significant adverse comment by [30 days after publication),

the NRC will publish a notice in the Federal Register that withdraws this action, and will address the comments received in response to this direct final rule as comments on a proposed rule (identical to this direct final ruie) that is being concurrently published in the proposed rules section of this Federal Register. Any significant adverse comments will be deemed to be comments on the proposed rule and will be addressed in a subsequent final rule. The NRC will not initiate a second comment period on this action.

Criminal Penalties For purposes of Section 223 of the Atomic Energy Act of 1954, as amended (AEA), the '

Commission is issuing the direct final rule under one or more of sections 161b,1611, or 161o of the AEA. Willful violations of the direct final rule are subject to criminal enforcement, Electronic Access Comments may be submitted electronically, in either ASCll text or Word Perfect format

'7 l

l

l s l (version.$.1), by calling the NRC Electronic Bulletin Board on FedWorld or co i

interactive rulemaking web site,"Rulemaking forum." The bulletin board may be ac a personal computer, a modem, and one of the commonly available communica packages, or directly via Intemet. Background documents on the rulemakin for downloadir g and viewing on the bulletin board.

If using a personal computer and modem, the NRC subsystem on FedWorld ca Communications software parameters directly by dialing the toll-free number,1800-303 9672.

should be set as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). U VT 100 terminal emulation, the NRC rulemaking subsystems can then be access the " Rules Menu" option from the "NRC Main Menu." Fct further information about o available for NRC at FedWorld, consult the ' Help /information Center" from the "

Menu." Users will find the *FedWorld Online User's Guides" particularly helpful. M subsystems and databases also have a " Help /Information Center" option particular subsystem.

The NRC subsystem on FtdWorld can also be accessed by a direct-dial phone for the main FedWorld BBS: 703-321-3339; Telnet via Intsmet: fedworld. go Transfer Protocol (FTP) via Intemet:ftp:fedworld. gov (192.239.92.205); and using: http://www.fedworld. gov (this is the Uniform Resource Locator (URL)).

If using a method other than the toll-free number to contact FedWorid, subsystem from the main FedWorld menu by selecting "F - Regulatory, Gove Administration and State Systems," then selecting "A- Regulatory informatio point, a menu will be displayed that has an option "A - U.S. Nuclear will take you to the NRC Online Main Menu. You can also go directly to typing "/go nrc" at a FedWorld command line, if you access NRC fro 8

7

, then you may retum to FedWorid by selecting the *Retum to FedWorld" option from the NRC Online Main Menu. However, if you access NRC at FedWorld by using NRC's toll free number, then you will have full access to all NRC systems, but you will not have access to the main FedWorld system.

If you contact FedWorld using Telnet, you will see the NRC area and menus, including the Rules menu. Although you will be able to download documents and leave messages, you will not be able to write comments or upload files (comments). If you contact FedWorld using FTP, all files can be accessed and downloaded but uploads are not allowed; all you will see is a list of files witheut descriptions (normal Gopher look). An index file listing all files within a subdirectory, with descriptions, is included. There is a 15-minute time limit for FTP access.

Although FedWorld can be accessed through the World Wide Web, like FTP that mode only provides access for downloading files and does not display the NRC Rules menu.

You may also access the NRC's interactive rulemaking web slie through the NRC home page (http:#www.nrc. gov). This site provides the same access as the FedWorld bulletin board, including the facility to upload comments as files (any format), if your web browser supports that function.

For more information on NRC bulletin boards, call Mr. Arthur Davis, Systems Integration and Development Branch, U.S. Nuclear Regulatory Commission, Telephone: 301-415 5780; e-mail: AXD3@nrc. gov. For information about the interactive rulemaking site, contact Ms. Carvi Gallagher, (301) 415-6215; e-mail CAG@nrc. gov.

EnvironmentalImpact: Categorical Exclusion

.The Commission has determined that this direct final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(2), since this direct final rule makes amendments to the 9

regulations which are corrective and nonpolicy in nature. Therefore, neither an impact statement net an environmental assessment has been prepared for this fin Paperwork Reduction Act Statement This direct final rule does not contain a new or significantly amended information

~

collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C Existing requirements were approved by the Office of Management and budget, 3150 0011.

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

Regulatory Analysis The Commission has not prepared a regulatory analysis for this action because final rule does not present new or revised positions, impose a new requirement, new action.

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

10 N .

certifies that this rule will not have a significant economic impact on small ent 4

affects ordy the operation of nuclear power plants, The companies thet own fall within the scope of the definition of "small entities" seti forth in the Regula the small business size standards adopted by the NRC (10 CFR 2,810), Since are dominant in their service areas, this rule does not fall within the purview of the Backfit Analysis The direct final rule does not impose any change on licensees with respect to

" safety-related structures, systems and components " Rather, it provides l related structures, systems and components" throughout 10 CFR Part 50 t

(

definition contained in 10 CFR Part 100, Appendix A, the NRC's first regulati related structures, systems and components," which provides that " safety relate systems and components are those that possess any one of the thre in the definition, This definition is consistent with both the NRC's and nuclear p licensees' longstanding understanding that the term," safety related structure fh components" includes those structures, systems and components 0 109, that p three listed attributesJ Therefore, the NRC has determined that the Backfit does not apply to this direct final rule because it does not impose any ba CFR 50,109(a)(1), and a backfit analysis has not been prepared for this direct Small Business Regulatory Enforcement Faimess Act in accordance with the Small Business Regulatory Enforcement Faim NRC has determined that this action is not a " major rule" and has ver 11

. A

, the Office of information and Regulatory Affairs, Office of Mana9ement and Budget.

4 4 List of Subjects in 10 CFR Part 50 '

Antitrust, Classified information, Criminal penalties, Fire protection, Intergovemmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.

For the teasons set out in the preamble and under the autho:ity of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U. S. C. 552 and 553, the NRC is adopting the following amendments to 10 CFR Part 50.

PART 50-DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES L

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

AUTHORITY: Secs. 102,103,104,105,161,182,183,186,189,68 Stat. 936,937,938, 948,953,954,955,956, as 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).

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. 855 (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 50.23,50.30, 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.

12

O-853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204,8e 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 Lt. 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 Sts;. 955 (42 U.S.C 2237).

2. In l 50.2, the definition of safetv-related structures. systems and components is revised to read as follows:

5 50.2 Definitiont,.

Safety related structures, systems and components means those structures, systems and components that are relied upon to remain functional during and following design basis events to assure:

(1) The integrity of the reactor coolant pressure boundary; (2) The capability to shut down the reactor and maintain it in a safe shutdown condition; or (3) The capability to prevent or mitigate the consequences of accidents which could result in potential offsite exposures comparable to the applicable guideline exposures set forth in

$ 50.34(a)(1) or I 100,11 of this chapter, as applicable.

3. In l 50.49, paragraph (b)(1)(i)(B) is revised to read as follows:

$ 50.49 Environmental qualification of electric equipment important to safety for nuclear power plants.

13 i

(b)

(1)

(i)

(B) The capability to shut down the reactor and maintain it in a safe shutdown condition; or

4. In $ 50.65, paragraph (b)(1) is revised to read as follows:

$ 50.45 Requirements for monitoring the effectiveness of maintenance at nuclear power plants.

14

i. .

. (b)

(1) Safety related structures, systems and components that are relied upon to remain functional during and following design basis events to ensure the integrity of the reactor coolant pressure boundary, the capability to shut down the reactor and maintain it in a safe shutdown condition, or the capability to prevent or mitigate the consequences of accidents that could result in potential offsite exposure comparable to the guidelines in i 50.34(a)(1) or i 100.11 of this chapter, as applicable.

48 Dated at Rockville, MD, this 7 day of .1997.

For the Nuclear Regulatory Commission.

L. Jose / Callan, Executive Director for Operations.

15

[7590-01 P]

NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 RIN 3150 AF75.

Definition of Safety Related Structures, Systems, and Components; Technical Amendment AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

i

SUMMARY

The Nuclear Regulatory Commission is amending its regulations to correct an error in the language of several sections in the regulations governing nuclear power plant licensing that define the term, " safety related structures, systems, and components."

These definitions are inconsistent with the definition in regulations applicable to the siting of nuclear power plants and the Commission's longstanding practice and interpretation of that term.

DATE: Comments on the proposed rule must be received on or before [30 days after publication in the Federal Register].

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, Maryland, between 7:30 am and 4:15 pm on Federal workdays, e$ at c

q Q Q' j

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

Copies of any comments received may be examined at the NRC Public Document Room, 2120 L Street NW (Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: Geary S. Mizuno, Office of General Counsel, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001, telephone (301)'415-1839,; e mail GSM@nrc. gov, or Clark Prichard, Office of Nuclear Regulatory Resesrch, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415 6203; e-mail CWP@nrc. gov.

SUPPLEMENTARY INFORMATION:

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

L Procedural Background Because the NRC considers these amendments to be of a corrective nature, do not involve any change in existing policy or otherwise constitute a new policy, clarify the original intent of the Commission and therefore can be considered to be interpretive, the proposed rule is being published concurrently as a direct final rule. The direct final rule will become effective on (Insert date 60 days after publication in the Federal Register).

However, if the NRC receives significant adverse comments on the direct final rule by 2

q 1

u

-![ insert date 30 days after publication), the NRC will publish a document that withdraws

- the direct final rule, if the direct final rule is withdrawn, the NRC will address the comments received in response to the proposed revisions in a subsequent final rule. The NRC wf .ot initiate a second comment period on this action in the event the direct final rule is withdrawn.

l Electronic Access Comments mav be submitted electronically, in either ASCll text or Word Perfect

[ format (version 5.1), by calling the NRC Electronic Bulletin Board on FedWorld or connecting to the NRC interactive rulemaking web site, "Rulemaking Forum." The bulletin board may be accessed using a personal computer, a modem, and one of the connmonly available communications software packages, or directly via Internet. Background documents on the rulemaking are also available for c,,.wnloading and viewing on the L

bulletin board. .

If using a personal computer and modem, the NRC subsystem on FedWorld can be accessed directly by dialing the toll free number: 1-800-303 9672. Communications software parameters should be set as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1) Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystems can then be accessed ty selecting the " Rules Menu" option from the "NRC Main Menu."

- For further information about options available for NRC at FedWorld, consult the-

"Heip/information Center" from the "NRC Main Menu." Users will find the "FedWorld '

Online User's Guides" particularly helpful. Many NRC subsystems and databases also have a " Help /information Center" option that is tailored to the particular subsystem.

3

- The NRC subsystem on FedWorld can also be accessed by a direct-dial phone number for the main FedWorld BBS: 703-321-3339; Telnet via Internet: fedworld. gov (192.239.93.3); File Transfer Protocol (FTP) via Internet:ftp:fedworld. gov (192.239.92.205); and World Wide Web using: http://www.fedworld. gov (this is the Uniform Resource Locator (URL)). __

- if using a method other than the toll-free number to contact FedWorld, access the NRC subsystem from the main FedWorld menu by selecting "F - Regulatory, Government

- Administration and State Systems," then selecting 'A - Regulatory Information Mall." At that point, a menu will be displayed that has an option 'A - U.S. Nuclear Regulatory Commission" that will take you to the NRC Online hnain Menu. You can also go directly to the NRC Online area by typing "/go nrc" at a FedWorld command line, if you access NRC from FedWorld's Main Menu, then you may return to FedWorld by selecting the " Return to FedWorld" option from the NRC Online Main Menu. However, if you access NRC at FedWorld by using NRC's toll free number, then you will have full accass to all NRC systems, but you will not have access to the main FedWorld system.

If you contact FedWorld using Telnet, you will see the NRC area and menus, including the Rules menu. Although you will be able to download documents and leave messages, you will not be able to write comments or upload files (comments). If you contact FedWorld using FTP, all files can be accessed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Gopher look). An index file listing all files within a subdirectory, with descriptions, is included. There is a 15-minute time limit for FTP access.

4

O Although FedWorld can be accessed through the World Wide Web, like FTP that mode only provides access for downloading files and does not display the NRC Rules menu.

You may also ar.uss the NRC's interactive rulemaking web site through the NRC home page (http://www.nrc.aov). This site provides the same access as the FedWorld bulletin board, including the facility to upload comments as files (any format), if your web browser supports that function.

For more information on NRC bulletin boards, call Mr. Arthur Davis, Systems Integration and Development Branch, U.S. Nuclear Regulatory Commission, Telephone:

301-415-5780; e-mail: AXD3@nrc. gov. For information about the interactive rulemaking site, contact Ms. Carol Gallagher, (301) 415 6215; e-mail CAG@nrc. gov.

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

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U. S. C. 553, the NRC proposes to adopt the following amendments to 10 CFR Part 50, 5

PART 50- DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

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

AUTHORITY: Secs, 102,103,104,105,161,182,183,186,189, 68 Stat. 936, 937,938,948,953,954,955,956, as 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).

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 EO.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 I

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 2237).

I

2. In 5 50.2, the definition of safetv-related structures avstems, and components is revised to read as follows:

9 50.2 Definitions.

6

__-y--

Safety-related structures, systems, and components means those structures, systems, und components that are relied upon to remain functional during and following '

' design basis events to assure:

(1) The integrity of the reactor coolant pressura boundary; _ ..,

(2) The capability to shut down the reactor and maintain it in a safe shutdown condition; or l (3) The capability to prevent or mitigate the consequences of accidents which could result in potential offsite exposures comparabits to the applicable guideline exposures set forth in 5 50.34(a)(1) or i 100,11 of this chrapter, as applicable.

l

3. In 5 50.49, paragraph (b)(1)(i)(B) is revised to read as follows:

5 50.49 Environmental qualification of electric equipment important to safety for nuc! ear power plants.

(b)

(1)

(i)

, -(B) The capability to shut down the reactor and maintain it in a safe shutdown condition; or 7

e

. 4. In 6 50.65, paragraph (b)(1) is revised to read as follows:

I 50.65 Requirements for monitoring the effectiveness of maintenance at nuclear power plants.

. (b) .

(1) Safety-related structures, systems, and components that are relied upon to remain functional during and following design basis events to ensure the integrity of the reactor coolant pressure boundary, the capability to shut down the reactor and maintain it in a safe shutdown condition, or the capability to prevent or mitigate the consequences of accidents that could result in potential offsite exposure comparable to the guidelines in 5 50.34(a)(1) or 5100.11 of this chapter, as applicable.

Dated at Rockville, MD, day this[ed of 1997.

For the Nuclear Regulatory Commission.

L. Joseph %Ilan, Executive Director for Operations.

8

CONGRESSIONAL CORRESPONDENCE SYSTEM DOCUMENT PREPARATION CHECXLIST This chec': list is to be submitted with each doctanent (or group of Qs/As) sentforprocessing into the CCS.

1. BR1EF DESCRIPTION OFDOCUMENT(Sk $ b b%.

2. TYPE OFDOCUMENT X CORRESPOhDENCE HE4 RINGS (QHAs)

3. DOCUMENT CONTROL SENSITIVE (NRC ONLY) X NON-SENSITIVE

4. CONGNSIONAL COMMITTEE AND SUBCOMMITIEE (if applicable)

Congressional Committee i

Subcommittee  ;

I S. SUaIECT CODES (A) }

(B)

(C)

6. SOURG OFDOCUMENTS (A) 5520 (DOCUMENT NAME )

(B) SC4N (C) ATTAWMENTS (D) OTHER i

DATES

7. (A) SWiEM .50htll Lq@G] DATA OC4 SENTDOCUMENT TO CCS (B) DATE CCS REGIVED DOCUMENT (C)

DATE RETURNED TO OC4 FOR ADDITIONAL INFORMATION (D) DATE RESUBMITIED BY OC4 TO CCS (E) DATE ENTERED INTO CCS BY

(%

(F)

DATE OC4 NOTIFIED THATDOCUMENT 15 IN CCS

() j l t

COMMENTS:

RELEASE TO PDR l.f D ClpO

.