ML20247K527
| ML20247K527 | |
| Person / Time | |
|---|---|
| Issue date: | 04/23/1998 |
| From: | NRC |
| To: | |
| References | |
| FRN-63FR20136, RULE-PR-50 PR-980423, NUDOCS 9805220125 | |
| Download: ML20247K527 (6) | |
Text
20136 Proposed Rules r+r i a m i~
Vol. 63. No. 78 Thursday, April 23,1998 l
This section of the FEDERAL REGISTER web browser supports that function. For Std. 603-1991. Because of the absence contains notices to the public of the proposed information about the interactive of adverse public comments to Revision issuance of rules and regulations. The rulemaking web site, contact Ms. Carol purpose of these notices is to give' interested 1 to Regulatory Guide 1.153, the NRC Gallagher at 301-415-5905 (a-mail: believed that there was general public persons an opportunity to participate in the e malang poor to the adoption of the final cag@nrc. gov). consensus that IEEE Std. 603-1991 FOR FURTHER INFORMATION CONTACT: Provides acceptable criteria for safety Satish K. Aggarwal, Senior Program systems in nuclear power plants. For Manager, U.S. Nuclear Regulatory this reason, the NRC published the NUCLEAR REGULATORY Commission, Washington, DC 20555 direct final rule without seeking public COMMISSION 0001: telephone 301-415-6005: Fax comments on the amendment before 301-415-5074; e-mail:ska@nrc. gov. issuing it. In view of the significant 10 CFR Part 50 SUPPLEMENTARY INFORMATION: Public comments received, the NRC has RIN 3150-AF96 reconsidered this action (See the Previous Ilistory discussion under Previous IIistory).
- Codes and Standards: IEEE National On October 17,1997 (62 FR 53932). Discussion Consensus Standard NRC published a direct final rule in the Federal Register that amended its This proposed rule would incorporate AGENCY: Nuclear Regulatory a national consensus standard, IEEE Std.
regulations to incorporate by reference Commission. 603-1991, into NRC regulations to IEEE Std. 603-1991 for power, ACT)6N: Proposed rule, instrumentation, and control portions of establish minimal functional and design safety systems in nuclear power plants. requirements for power, 8'UMMARY:The Nuclear Regulatory The direct fir.al rule was withdrawn on instrumentation, and control portions of Commission (NRC)is proposing an safety systems for nuclear power plants, amendment to its regulations that would December 23,1997 (62 FR 66977),
This action would be consistent with incorporate by reference IEEE Std. 60a- because the NRC received significant. the provisions of the National 1991, 'Critena for Safety Systems for adverse comments in response to the proposed rule that ns issued as a Technology Transfer and Advancemer Nuclear Power Genereting Stations, a Act of 1995, Public Law 104-113, whi companion to the din ct final rule on national consensus standard October 17,1997 (62 FR 53975). The for power'f encourages Federal regulatory agencie instrumentation, and control portions o to consider adopting industry consenst safety systems in nuclear power plants, NRC has considered the comments it This action is necessary to endorse the received, revised the proposed rule, and standards as an alternative to de novo latest version of this national consensus is reissuing a second proposed rule to agency development of standards give the public another opportunity to affecting an industry. This action would standard in NRC s regulations.
comment. also be consistent with the NRC policy DATES,: Comments on the proposed rule This proposed rule supersedes the of evaluating the latest versions of must ne received on or before May 26- October 17,1997, proposed rule. national consensus standards in terms 1998. Comments received after this date of their suitability for endorsement by will be considered if it is practical to Background regulations or regulatory guides.
consider them, but the NRC is able to 10 CFR Part 50, " Domestic Licensing Currently,10 CFR 50.55a(h) specifies ensure consideration only for comments of Production and Utilization that " protection systems" for plan 3 received on or before this date. . Facilities," S 50.55a (h) requires that the with construction permits issued after ADDRE55Ecc Mail comments to: protection systems in nuclear power January 1,1971, must meat the .
Secretury,1).S. Nuclear Regulatory plants meet the requirements stated in requirements in IEEE Std. 279 in effect Commiuha Washington, DC 20555- IEEE Std. 279, " Criteria for Protection on the formal docket date of the 0001: Attentiun: Rulemakings and Systems for Nuclear Power Generating application for a construction permit.
Adjudications Staff. IIand deliver Stations."in effect on the formal docket IEEE Std. 279-1971 states that a comments to 11555 Rockville Pike, Rockville, Maryland, between 7:30 am date of the application. Ilowever,IEEE " protection system" encompasses all has withdrawn IEEE Std. 279-1971 and electric and mechanical devices and
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and 4:15 pm on Federal workdays. It has now been superseded by IEEE Std. circuitry (from sensors to actuation Copies of any comments received may 603-1991. " Criteria for Safety Systems device input terminals) involved in be examined at the NRC Public for Nuclear Power Generating Stations." generating those signals associated wi -4 '
Document Room,2120 L Street NR In November 1995, the NRC staff the protective function. These signals (Lower Level), Washington, Dn assued a draft regulatory guide for include those that actuate reactor trip You may also subnit comt9asts rio public comment, DG-7042, which was a and that,in the event of a serious the NRC's hmentCvu mbnn@ng 4ab proposed Revision 1 to Regulatory reactor accident, actuate engineered
( site through the NRC Home Page thup:/ Guide 1.153, " Criteria for Safety safety features (ESFs), such as
/www.nrc. gov). From the NRC home Systems." This draft regulatory guide containment isolation, core spray, safety page, select "Rulemaking" from the tool proposed to endorse IEEE Std. 603-1991 injection, pressure reduction, and dir bar. The interactive rulemaking website (including the correction sheet dated cleaning. " Protective function"is can then be accessed by selecting "New January 30,1995). There were no defined in IEEE Std. 279-1971 as "the Rulemaking Website." This site adverse comments to DG-1042, and sensing of one or more variables provides the availability to upload Revision 1 to Regulatory Guide 1.153 associated with a particular generating
, comments as files (any format), if your was issued in June 1996, endorsing IEEE station condition, signal processing, and 9905220125 980423 C < /' A/ L/
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Federal Register /Vnl. 63, No. */8 / Thursday, April 23,1998/ Proposed Rules 20137 the initiation and completion of the safety function. The protection systems Issue. There are approximately 100 protective action at values of the are listed in the plant's FSAR. For "shalls" in IEEE Std. 603-1991, which variables established in the design example," neutron monitoring system" refer to 13 other IEEE standards,3 ANS/
bases." is a protection system. The upgrade of ANSI standards, and 1 ISA standard.
IEEE Std. 603-1991 uses the term the average power range monitor This rule would require a full redesign
" safety systems" rather than " protection (APRM) portion of the neutron of the plant,if licensees are required to systems." A " safety system"is defined monitoring system to add the ability to comply with these referenced standards.
in IEEE Std. 603-1991 as "a system that detect anil suppress potential boiling. Response. Because the NRC did not is relied upon to remain functional water reactor (BWR) instabilty may meet seek for any of the other standards during and 411owing design basis IEEE Std. 279 because the modification referenced in IEEE Std. 603-1991 to be events to ensure:(i) the integrity of the only replaces the APRM signal approved for incorporation by reference, reactor coolant pressure boundary, (ii) processing components, output relays, these standards are not mandatory the capability to shut down the reactor recirculation flow transmitters, and requirements, ever though IEEE Std.
and maintain it in a safe shutdown operator displays. If this modification 603-19911nvokes the referenced condition, or (iii) the capability to were to replace the neutron detectors, standards by the use of "shall."
prevent or mitigate the consequences of local power range monitor cards, and flowever, the NRC encourages licensees accidents that could result in potential associated power supplics, the to adopt these referenced standards off-site exposures comparable to the to modification would be considered a voluntarily because these Pswer CFR Part 100 guidelines." A " safety complete replacement at a system level consensus standards refica progress function" is defined in IEEE Std. 603- and must meet IEEE Std. 603-1991. and the current state o'tecnology. If a 1991 as "one of the processes or Similarly, the replacement of the source referenced standard has been endorsed conditions (for example, emergency range monitors and intern..diate range in a regulatory guide, the standard negative reactivity insertion, post- monitors in a BWR with wide-range constitutes a method acceptable to the accident heat removal, emergency core neutron monitors must meet IEEE Std. NRC for meeting a regulatory cooling, post accident radioactivity 603-1991, because it involves the requirement as described in the removal, and containment it.olation) complete replacement of the system, regulatory guide. In many cases, the essential to maintain plant parameters including sensors, preamps, signal regulatory guides endorse a previous within acceptable limits established for processors, output relays, and operator version of the IEEE standard. These a design basis event." displays. Rouse of a few existing guides represent the current NRC The NRC recognizes that " protection components (e.g., selected cables, recommended practices. Licensees may systems" are a subset of" safety raceway, and control room panels where opt to use alternate approaches if they systems." Safety system is a broad-based the displays are mounted) as part of the can provide sufficient technical bases.
and all-encompassing term, embracing system-level replacement would still (2) Scope: Protection System vs.
the protection system in addition to place this type of modification in the Safety System.
other electrical systems. Thus, the term category of a complete system-level Issue. The terms " protection systems"
" protection system" is not synonymous replacement. and " safety systems" are not with the term " safety system." The IEEE Std. 603-1991 references several synonymous.
proposed rule would not change the industry codes and standards. Unless Response. The NRC staff agrees that scope of the systems covered in the final these referenced standards are protection systems are a subset of safety safety analysis report (FSAR) for specifically incorporated by reference systems and thus, the terms are not currently operating nuclear power elsewhem in the NRC regulations, they synonymous. The term protection plants, whether or not they intend to do not represent the Commission's system a defir ed in IEEE Std. 279-1971 make system level replacements of mandatory requirements. If the (and in IEEE Std. 603-1991), and the protection systems. referenced standard has been endorsed term safety system is defined in IEEE This proposed rule would mandate in a regulatory guide, the standard Std. 603-1991. The NRC staff endorses the use of IEEE Std. 603-1991 constitutes a method acceptable to the these definitions. The protection system (including the correction sheet dated - NRC of meeting a regulatory has a limited application: safety system January 30,1995) for safety systems for requirement as described in the is broad based and all encompassing, future nuclear power plants, including regulatory guide. If a referenced thereby embracing the protection system final design approvals, design standard has not been endorsed in a and other electrical systems. This certifications, and combined licenses regulatory guide, the licensees and proposed rule would not change the under to CFR Part 52. Current licensees applicants may consider and use the applicable scope of the systems for may continue to meet the requimments information in the referenced standard stated in the edition or revision of IEEE in a manner that is consistent with op(eratin nuclear power plants.
- 3) Ap licobilityofRule.
Std. 279 in effect on the formal date of current regulatory practices. Issue. e rule does not explicitly their application for a construction state that it does not apply to nuclear permit or may, at their option, use IEEE S.gnd, icant Comments on the Direct power plants with construction permits Std. 603-1991, provided they comply Final Rule issued before January 1,1971.
with all applicable requirements for The NRC received 28 letters from the Response. Nuclear power plants that making changes to their licensing basis. public by December 8,1997, have not been required to meet IEEE Ilowever, system-level replacements of commenting on the content of the direct Std. 279-1971, because their protection systems and addition of new final rule. Copies of comment letters are construction permit was issued before safety systems in operating nuclear available for public inspection and January 1,1971, may continue to make power plants initiated on or after copying for a fee at the NRC's Public modificatims or changes to components January 1,1999, would be required to Document Room. The ma}or issues and subsystems, consistent with their meet the requirements in IEEE Std. 603- raised by the comments and the NRC licensing basis and commitments made 1991 A " system"is defined as a staff responses to these issues are as to the NRC, or may meet the combination of two or snore interrelated follows: requirements stated in IEEE Std. 603-components that perform a specific (1) Referenced Stondards. 1991. Ilowever, the proposed rule
20138 Federal Register /Vol. 63, No. 78 / Thursday April 23,1998/ Proposed Rules would mandate the use of IEEE Std. environmental laws, regulations, and 1999, would be required to meet the 603-1991 for system-level replacements policies. requirements of IEEE Std. 603-1991.
of protection systems and for the IEEE Std. 279 will continue to apply to Paperwork Reduction Act Statement those nuclear power plants required to addition of new safety systems.
(4) Changes: Components vs System This proposed rule does not contain meet IEEE Std. 279 that do not make tevel, a new or amended information system-level replacements of protection Issue. The rule would result in a dual collection requirement subject to the systems, but the rule permits the licensing basis within a system and Paperwork Reduction Act of 1995 (44 licensee the option of meeting IEEE Std.
would introduce significant confusion, U.S.C. 3501, et seq.). Existing 603-1991.
because IEEE Std. 603-1991 was written requirements were approved by the The backfit rule was not intended to as a system standard. Replacements of Office of Management and 11udget, apply to regulatory actions that change components or subsystems should not Approval No. 3150-0011. expectations of prospective applicants be covered by the rule. Public Protection Notification and, therefore, the backfit rule does not Response. The proposed rule would if an infonnation collection does not apply to the portion of the rule not result in a dual licensing basis display a currently valid OMB control applicable to ne,w construction permits, withm a system, because it would apply number, the NRC may not conduct or new operating hcenses, new final design only to system. level replacements of sponsor, and a person is not required to approvals, new design certifications, protection systems and the addition of and combmed h, censes. This proposed respond to, the information collection. rule would not change the licensing -
new safety systems. Modifications or changes to components and subsystems Regulatory Analysis basis (i.e., IEEE Std. 279) for plants that shall meet the current requirements of The NRC has prepared a regulatory do not intend to make any changes to IEEE Std. 279, when applicable, but analysis that shows the proposed their power and instrumentation and need not meet the requirements of IEEE amendment does not impose any new control systems. Ilowever, the proposed Std. 603-1991. requirements or costs on current rule would require future system level Findin of No EnvironmentalImpact: licensees who do not make changes to replacements, of existing power and protection systems. However, licensees instrumentation and control portions of Availa ility of Environmental protection systems to comply with the Assessment planning or proposing system level replacements of protection systems will new standard. This would not be The NRC has determmed under the be anected becaura they will be considered a backfit, because the National Environmental Policy Act of required to meet the requirements of changes are vohmtarily initiated by the 1969, as amended, and the NRC's IEEE Std. 603-1991 for system level licensee, or separately imposed by the regulations in subpart A of 10 CFR Part replacements. This impact would be NRC after a separate backfit analysis.
51, that because this proposed rul" minimal. Most changes to protection This is consistent with past NRC would not be a major Federal actmn systems only change a part of the practice and the discussions on sigmficantly affecting the quality of the system, and IEEE Std. 279-1971 will backfitting in the Value Impact human environment, en environmental continue to apply. The draft regulatory Statement prepared for Revision 1 to impact statement is not required. The analysis is available for inspection in Regulatory Guide 1.153. A copy of the NRC has prepared an environmental the NRC Public Document Room,2120 Value-Impact Statement is available for assessment supporting this finding of n L Street NW., Washington, DC. Inspection or copying for a fee in the significant environmental impact. NRC's Public Document Room at 2t20 The NRC has sent a copy of the Regulatory Flexibility Certification L Street, NW., Washington, DC, under environmental assessment and a copy of As required by the Regulatory Task DG-1042.
the Federal Register notice to every Flexibility Act of 1980 (5 U.S.C. 605 In summe y, the NRC has determined State liaison officer and requested thm,r (b)), the NRC certifies that this rule, if that the backfit rule,10 CFR 5n.109, comments on the environmental adopted, would not have a significant does not apply to this rule because it assessment. The environmental economic impact on small entities. This does not impose any backfits as defined assessment is available for inspectm, n at rule affects only the operation of nuclear in 10 CFR 50.109(a)(1) and, therefore, a the NRC Public Document Room,2120 power plants. The companies that own backfit analysis has not been prepared L Street, NW., Washington, D.C. Also, these plants do not fall within the scope for this proposed rule.
the NRC has committed itself to of the definition of"small entities" complying in allits actions with stated in the Regulatory Flexibility Act List of Subjects in 10 CFR Part 50 Presidential Executive Order 12890, or the small business size standards Antitrust, Classified information.
" Federal Actions To Address adopted by the NRC (10 CFR 2.810). Cnmmal penalties Fire protection, Environmental Justice in Minority Because these companies are dominant in their service areas, this rule does not Inc rp ration by reference, Populations and Low-Income Interg vernmental relations, Nuclear Populations" (February 11,1994). fall within the purview of the act. power plants and reactors Radiation -
Therefore, the NRC also has determined protection, Reactor siting criteria, and that there are no disproportionate, high, Backfit Analysis The proposed rule would require Reporting and recordkeepmg and adverse impacts on minority and requirements.
low. income populations. The NRC uses applicants and holders of new the following working definition of construction permits, new operating For the reasons stated in the preamble environmental justice: Environmental licenses, new final design certifications, and under the authority of the Atomic justice means the fair treatment and and combined licenses to comply with Energy Act of 1954, as amended, the ,
meaningful involvement of all people - IEEE Std. 603-1991 (including the Energy Reorganization Act of 1974, as regardless of race, ethnicity, culture, correction sheet dated January 30, amended, the Energy Reorganization income, or educational level-with 1995). System-level replacements to Act of 1974, as amended, and 5 U.S.C.,
respect to the development, protection systems in existing operating the NRC is proposing to adopt the implementation, and enforcement of plants initiated on or after January 1, following amendment to 10 CFR Part 50.
Federal Register /Vol. 63, No. 78/ Thursday, April 23,1998/ Proposed Rules 20139 PART 50-DOMESTIC LICENSING OF (2) Protection systems. For nuclear radiotelephones, and fiber optic cable.
PRODUC'e10N AND UTILIZATION power plants with construction permits The basis for a waiver of the FACILITIES issued after January 1,1971, but before Nonmanufacturer Rule for these January 1,1999, protection systems products is that there are no small 1.The authon,ty citation for Part 50 must meet the requirements stated in business manufacturers or processors continues to read as follows: either IEEE Std. 279, " Criteria for available to supply these products to the Authority: Secs. 102,103,104,105,161, Protection Systems for Nuclear Power Federal Government. The effect of a 182,183,186,189,68 Stat. 936,937,938 Generating Stations," or in IEEE Std. waiver would be to allow an otherwise 948,953. 954,955,9M, as amended, sec. 603-1991," Criteria for Safety Systems qualified Nonmanufacturer to supply 133 2 34 2135.2201,2232 .
f r Nuclear Power Generating Stations " other than the product of a domestic 2236,2239,2282); secs. 201, as amended,, and the correction sheet dated January small business manufacturer or i 202,20G,88 Stat.124 2, as amended.1244, 30,1995. For nuclear power plants with processor on a Federal contract set aside i 1246 (42 U.S C 5841,5842,5846). construction permits issued before for small businesses or awarded through
[# Section 50.7 also issued under Pub. L 95- January 1,1971, protection systems the SBA 8(a) Program. The purpose of 601, sec.10. 92 Stat. 2951 [42 U.S.C 5851). must meet the requirements stated in this notice is to solicit comments and Section 50.10 also issued under secs.101. IEEE Std 603-1991 or be consistent potential source information from 185,68 Stat. 955 as amended (42 U.S C 2131. with their licensing basia System-level intemsted parties.
22 l 8 8 $
(,2 U.'S 3 0 50 ti anI5 54 repl acement of protection systems and DATES: Comments and sources must be (dd), and 50.103 also issued under sec.108, addition of new safety systems in submitted on or before May 14,1998.
68 Stat. 939, as amended (42 U.S.C 2138). existing operating nuclear power plants ADDRESSES: David Wm. Loines.
Sections 50.23,50.35,50 55, and 50.56 also initiated on or after January 1,1999 Procurement Analyst, U.S. Small issued under sec.185,68 Stat. 955 (42 U.S C must meet the requirements stated in Business Administration,409 3rd Street 2235). Sections 50 33a,50.55a and Appendix IEEE Std. 603-1991 and the correction Q also issued under sec.102, Pub. L 91-190 S.W., Washington. DC 20416, Tel: (202) sheet dated January 30,1995. 205-6475' 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 (3) Safety systems. For construction and 50.54 also issued under sec. 204,88 Stat. SUPPLEMENTARY INFORMATION: Public law IiermitF, oIlerating licenses, final design 1745 (42 ti.S.C. 5844). Sections 50 58,50 91, 100-656, enacted on November 15, and 50 92 also issued under Pub. L.97-415, 8Pprovals, design certifications, ang combmed licenses issued on or after 1988, incorpor.ated into the Small 96 Stat. 2073 (42 U.S.C 2239). Section 50.78 g also issued under sec.122. 68 Stat. 939 (42 January 1,1999, safety systems must meet the requirements stated in IEEE, regulation that reci innts of Federal U.S C. 2152). Sections 50 80-50 81 also issued under sec.184,68 Stat. 954, as Std. 603-1991 and the correction sheet contracts set-aside or small businesses amended (42 U.S.C. 2234). Appendix F also dated January 30,1995. or the SBA 8(a) Program procurement issued under sec.187,68 Stat. 955 (42 U.S C. must provide the product of a small 2237). Dated at Rockville, Maryland, this 17th day business manufacturer or processor, if
^ Pril' -
the recipient is other than the actual
- 2. In S 50.55a paragraph (h) is revised Fonho Nuclear Regulatory Commission, to read as follows: manufacturer or processor. This John C Ileyle, requirement is commonly referred to as 5 50.55s Codes and standards. Secretaryof the Commission. the Nonmanufacturer Rule. The SBA
- * * * * [FR Doc. 98-10842 Filed 4-22-98; 8 45 aml regulations imposing this requirement (h) Protection and safety systems. (1) attuno ooor re.o.es.e are found at 13 CFR 121.406(b). Section IEEE Std. 603-1991, including the 303(h) of the law provides for waiver of correction sheet dated January 30,1995, this requirement by SBA for any " class which are referenced in paragraphs SMALL BUSINESS ADMINISTRATION of products" for which there are no (h)(2) and (h)(3) of this section,is small business manufacturers or approved for incorporation by reference 13 CFR Part 121 processors in the Federal market. To be by the Director of the Office of the considered available to participate in Federal Register in accordance with 5 Small Business Size Standards; the Federal market on these classes of U.S.C. 552(a) and 1 CFR Part 51. A Walver of the Nonmanufacturer Rule products, a small business manufacturer notice of any changes made to the AGENCY: Small Business Administration. must have submitted a proposal for a material incorporated by reference will ACTION: Notice ofintent to walve the contract solicitation or received a be published in the Federal Register. Nonmanufacturer Rule for towers, c ntract from the Federal Government Copies of IEEE Std. 603-1991 may be telephone and telegraph apparatus, within the last 24 months. The SDA purchased from the lastitute o electrical measuring and integrating defines " class of products" based on Electrical and Electmmcs eers Engm,f two coding systems. The first is the instruments, engines and turbines, Serv ce Center,445 lloes Lane, Office of Management and Budget storage batteries, cellular handsets and Piscataway, NJ 08855. The standard is telephones, automobile motor vehicles, Standard Industrial Classification also available for inspection at the NRC motor trucks (except off-highway), fuel, Manual (SIC). The second is the Product Library,11545 Rockville Pike, radiotelephones, and fiber optic cable. and Service Code (PSC) established by Rockville, MD; and at the Office of the the Federal Procurement Data System.
Federal Register,800 North Capitol
SUMMARY
- The Small Business The Small Business Administration is Street, NW., Suite 700, Washington, Administration (SBA) is considering currently processing a request for a D.C. IEEE Std. 279, which is referenced granting a waiver of the waiver of the Nonmanufacturer Rule for in paragraph (h)(2) of this section, was Nonmanufacturer Rule for towers, Electrical Measuring and Integrating approved for incorporation by reference telephone and telegraph apparatus, Instruments (SIC 3825 PSC 5805),
by the Director of the Office of the electrical measuring and integrating Storage Batteries (SIC 3691), Fiber Optic Federal Register in accordance with 5 instruments, engines and turbines, Cable (SIC 3357 PSC 6015) Engines and U.S.C. 552(a) and 1 CFR Part 51. Copies storage batteries, cellular handsets and Turbines (SIC 3511,3519 PSC 2835),
of this standard are also available as telephones, automobile motor vehicles, Automobile Motor Vehicles and Motor indicated for IEEE Std. 603-1991. motor trucks (except off-highway), fuel, Trucks (SIC 3711 PSC 2310 2320), Fuel
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