ML22243A007
| ML22243A007 | |
| Person / Time | |
|---|---|
| Issue date: | 02/17/2023 |
| From: | NRC/OCIO |
| To: | |
| Andrukat, Dennis | |
| References | |
| NRC-2018-0291, RG 1.147 Rev 21, RG 1.192 Rev 5, RG 1.84 Rev 40, RIN 3150-AJ94, RIN 3150-AK23 | |
| Download: ML22243A007 (9) | |
Text
DRAFT SUPPORTING STATEMENT FOR
INFORMATION COLLECTIONS CONTAINED IN AMERICAN SOCIETY OF MECHANICAL ENGINEERS CODE CASES AND INSERVICE TESTING AND INSERVICE INSPECTION PROGRAM UPDATE FREQUENCY PROPOSED RULE
10 CFR PART 50
(RIN-3150-AJ94)
Description of the Information Collection
The U.S. Nuclear Regulatory Commission (NRC) regulations in Tit le 10 of the Code of Federal Regulations (10 CFR) 50.55a, Codes and standards, incorporate by referen ce the American Society of Mechanical Engineers (ASME) codes for nuclear power plants. In the proposed rule associated with this supporting statement, the NRC is proposing to amend its regulations in 10 CFR 50.55a to incorporate by reference the latest revisions of three NRC regulatory guides (RGs) approving new, revised, and reaffirmed code cases publish ed by the ASME. Two of these code cases would allow a licensee to change their current ASME-required 10-year intervals within their inservice testing (IST) and inservice inspection ( ISI) programs to become 12-year intervals. Furthermore, the proposed rule would revise the NRC regulations to extend from the current 10-year cyclic timeframe requirement for nuclear power plant licensees to update their ASME codes of record to a cycle based on the length of two inse rvice testing (IST) or inservice inspection (ISI)intervals. To be eligible for either extension, a licensee must have implemented the 2020 Edition, or later editions, of the ASME Operation and Maintenance (OM) of Nuclear Power Plants, Division 1, OM Code: Section IST (OM Code) and th e 2019 Edition, or later editions, of the ASME Boiler and Pressure Vessel (BPV) Code, Se ction XI, as incorporated by reference in § 50.55a. This rule proposes changes to promote cl arity and consistency, including adding definitions of important terms to 10 CFR 50.55a(y) and r evising the reference to the 10-year service period in 10CFRpart 50, appendix J, Primary Rea ctor Containment Leakage Testing for Water-Cooled Power Reactors.
This proposed regulatory action would allow nuclear power plant licensees and applicants for construction permits, operating licenses, combined licenses, st andard design certifications, standard design approvals, and manufacturing licenses to volunt arily use the ASME Code Cases newly listed in these RGs as alternatives to ASME BPV Cod e and ASME OM Code engineering requirements for the design, construction, inservic e inspection, and inservice testing of nuclear power plant components. In general, the use of NRC-approved ASME Code Cases averts the need for some licensees to submit licensing ac tions (e.g., alternative requests, exemptions) for the use of voluntary alternatives to the ASME c ode requirements.
The NRCs regulations in 10 CFR 50.55a incorporate by reference Division 1 rules of Section III, Rules for Construction of Nuclear Power Plant Components, and Section XI, Rules for Inservice Inspection of Nuclear Power Plant Components, of the ASME BPV Code; and the rules of the ASME OM Code. These rules of the ASME BPV and OM C odes state the requirements to which nuclear power plant components are constr ucted, tested, repaired, and
1 inspected. This proposed rule contains requirements that would result in collections of information that represent a recordkeeping and reporting burden for licensees.
Affected Entities
This proposed rule would affect all light-water nuclear power p lants. Currently, there are 54 plant sites containing one or more operating U.S. light-water n uclear power reactor units, for a total of 92 currently operating reactors. (61 pressurized water reactor and 31 boiling water reactors). In addition, there are two light-water nuclear power reactors that received their 10 CFR Part 52 operating license on February 10, 2012 and are sche duled to begin operation by the end of 2023.
However, the NRC estimates that only the two newly licensed lig ht-water nuclear power reactors would submit an alternative request during this cleara nce period as the result of this proposed rule. The proposed rule would require that light-water nuclear power reactors licensed after January 2012, submit an alternative request in order to u se Code Case N-716-3. Any impact on burden due to the change in the ISI/IST update portio n of this rulemaking is not expected for approximately 10 years after this rule is effectiv e and will be reflected in the triennial renewal of this clearance.
In response to BPV and OM Code user requests, the ASME develops code cases that provide voluntary alternatives to ASME BPV and OM Code requirements und er certain circumstances.
The NRC reviews ASME BPV and OM Code Cases, determines the acce ptability of each code case, and publishes its findings in NRC RGs. The NRC revises th e RGs periodically as the ASME publishes new code cases. In the proposed rule associated with this supporting statement, the NRC is proposing to amend its regulations in 10 CFR 50.55a to incorporate by reference the latest revisions of three NRC RGs approving 49 ne w, revised, and reaffirmed code cases published by the ASME (12 of which include proposed NRC conditions for use). The NRC proposes to incorporate by reference the following three RG s:
(1) RG 1.84, Design, Fabrication, and Materials Code Case Acce ptability, ASME Section III, Revision 40 (Draft Regulatory Guide (DG) 1405)
(2) RG 1.147, Inservice Inspec tion Code Case Acceptability, ASME Section XI, Division 1, Revision 21 (DG 1406)
(3) RG 1.192, Operation and Maintenance Code Case Acceptabilit y, ASME OM Code, Revision 5 (DG-1407)
These revisions supersede the incorporation by reference of RG 1.84, Revision 39; RG 1.147, Revision 20; and RG 1.192, Revision 4 (all issued December 2021 ).
2 Of the 12 ASME code cases with proposed NRC conditions, the fol lowing three would impact the information collection burden:
- N-716-3: would require the light-water nuclear power reactors licensed after January 2012, to submit an alternative request in accordance with 10 CF R 50.55a(z) for review and approval before implementing the Code Case.
- N-921: would allow a licensee to adopt a 12-year ISI interval as an alternative to the 10-year ISI interval specified in Section XI, IWA-2400.
- OMN-31: would allow a licensee to adopt a 12-year IST interval as an alternative to the 10-year IST interval specified in ISTA-3120.
Code Cases N-921 and OMN-31 are not anticipated to have any imp act on the existing information collections burden during the first 10 years after the final rule is effective. After the ten years, the information collection burden per response remai ns the same but the number of annual respondents may be reduced due to the extended timeframe before the required updating their ASME ISI/IST programs to the latest endorsed ASM E code editions.
This proposed rule would also change the allowable maximum inte rval between updates to the ASME code of record in a licensees ISI/IST program to 25 years from the current 10 years.
Currently, licensees update their ISI programs under the ASME B PV Code,Section XI, and their IST programs under the ASME OM Code every 10 years. This interv al coincides with the requirement to update the licensees ASME code of record in the se programs every 10 years to the latest editions and addenda of the ASME Codes incorporated by reference into 10 CFR 50.55a. The two ASME Code Cases, N-921 and OMN-31, that would b e incorporated by reference in this rulemaking, change the allowable ISI and IST intervals to 12 years respectively. Changing the ISI/IST intervals would not change t he existing code of record interval as that interval is codified in NRC regulations. Because these two ASME code cases would allow the ISI and IST intervals to go out of alignment wi th the existing code of record 10-year intervals, this could lead to potential confusion and admi nistrative costs. Therefore, the staff is also proposing to eliminate the requirement to update the code of record every 10 years and replace it with a requirement to update the code of record every two ISI or IST intervals, respectively, with a maximum of every 25 years. The 25-year max imum code of record interval allows the same code of record to be used for two consecutive I SI or IST intervals, with each interval up to a maximum of 12 years, plus the one-time 1-year extension for the IST and ISI programs as specified in the ASME OM Code and ASME BPV Code, re spectively.
Any potential burden changes due to the reduction of the requir ed update frequency will not be realized until at least 10 years after this rule becomes effect ive before any reduction in burden takes effect. In necessary, any change in burden will be addres sed in future renewals of this clearance.
A. JUSTIFICATION
- 1. Need for and Practical Utility of the Collection of Informat ion
The regulation at 10 CFR 50.55a(z) allows applicants to use alt ernatives to the requirements of 10 CFR 50.55a(b) through (h), when authorized b y the NRC.
Licensees voluntarily submit alternatives under 10 CFR 50.55a(z ) and are estimated to spend 230 hours0.00266 days <br />0.0639 hours <br />3.80291e-4 weeks <br />8.7515e-5 months <br /> to prepare and submit them.
The proposed rule would incorporate by reference revised NRC RG s stating the
3 acceptability of certain ASME Code Cases. Code cases developed by the ASME are voluntary alternatives to requirements of the ASME BPV and OM Code and often reflect improvements in technology, new information, or i mproved procedures. Before the use of these code cases, developing alte rnative request applications and obtaining NRC approval were burdensome process es for the licensee.
The approval of ASME Code Cases in the latest revisions of thre e previously incorporated RGs could potentially result in a one-time burden for some licensees due to the need to submit an alternative request to t ake advantage of the Code Cases. Future clearance periods could see a reduction in burden due to the reduction in the number of required updates to a license es IST program, ISI program, and code of record required by 10 CFR 50.55a(f)(5), 10 CFR 50.55a(g)(5), and 10 CFR 50.55a(f)(4) and (g)(4), respectively.
- 2. Agency Use of Information
The records are generally historical in nature and provide data on which future activities can be based. The practical utility of the informati on collection for the NRC is that appropriate records are available for auditing by N RC personnel to determine licensees and applicants use of the code cases list ed in the RGs as voluntary alternatives to engineering standards for the constru ction, inservice inspection, and inservice testing of nuclear power plant compon ents.
- 3. Reduction of Burden Through Information Technology
There are no legal obstacles to reducing the burden associated with this information collection. The NRC encourages respondents to use i nformation technology when it would be beneficial.
The NRC has issued Guidance for Electronic Submissions to the NRC, which provides directions for the electronic transmission and submitt al of documents to the NRC. Electronic transmission and submittal of documents can be accomplished through the following avenues: the Electronic Info rmation Exchange process, which is available from the NRCs Electronic Submittals Web page, or by optical storage media (e.g., CD-ROM, DVD), facsimile, o r e-mail. The agency estimates that approximately 90-percent of the responses are filed electronically.
- 4. Effort to Identify Duplication and Use Similar Information
No sources of similar information are available. There is no du plication of requirements.
- 5. Effort to Reduce Small Business Burden
This proposed rule affects no small businesses.
- 6. Consequences to Federal Program or Policy Activities If the Collection Is Not Conducted or Is Conducted Less Frequently
4 If the NRC did not periodically update and incorporate by refer ence the RGs listing acceptable, conditionally acceptable, or unacceptable n ew code cases, licensees would be obligated to use the alternative request pro cess if they wanted to use new ASME-approved code cases. This process would be more burdensome for both the licensees and the NRC.
- 7. Circumstances that Justify Variation from Office of Manageme nt and Budget Guidelines
There are no variations from Office of Management and Budget (O MB) guidelines.
- 8. Consultations Outside the NRC
Opportunity for public comment on the information collection re quirements has been published in the Federal Register.
- 9. Payment or Gift to Respondents
Not applicable.
- 10. Confidentiality of Information
Confidential and proprietary information is protected in accord ance with NRC regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b). However, no information normally considered confidential or proprietary is requested.
- 11. Justification for Sensitive Questions
Not applicable.
- 12. Estimated Burden and Burden Hour Cost
Most of the potential burden changes due to this proposed rule would be realized at least 10 years after the effective date of the rule and will be incorporated in the triennial renewals of this clearance. The NRC estimates that th ere would be a one-time reporting burden increase for two currently licensed l ight-water reactors in the three years after the effective date of this rule. The a dditional burden is for the development and submission of a 10 CFR 50.55a(z) alternativ e request as part of the NRCs condition to adopt code case N-716-3. Each al ternative request is expected to take 230 hours0.00266 days <br />0.0639 hours <br />3.80291e-4 weeks <br />8.7515e-5 months <br />. Additionally, each respondent wo uld incur an additional 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> of recordkeeping burden annually.
The increase in annual reporting burden for this one-time infor mation collection would be 152 hours0.00176 days <br />0.0422 hours <br />2.513228e-4 weeks <br />5.7836e-5 months <br /> (1 respondent x 0.66 request per respondent x 230 hours0.00266 days <br />0.0639 hours <br />3.80291e-4 weeks <br />8.7515e-5 months <br /> per request) at a cost to the licensee of $44,080 (152 hours0.00176 days <br />0.0422 hours <br />2.513228e-4 weeks <br />5.7836e-5 months <br /> x $290/hour). Table 1 shows the reporting burden estimate. The annual recordkeeping burden for this one-time information collection would be an increase of 10 hour1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> s (1 recordkeepers x 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> per record keeper) at a cost of $2,900 (10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> x
$290/hour). Table 2 shows the recordkeeping burden estimate.
5 The $290 hourly rate used in the burden estimates is based on t he NRCs fee for hourly rates as noted in 10 CFR 170.20, Average cost per profe ssional staff-hour. For more information on the basis of this rate, se e the Revision of Fee Schedules; Fee Recovery for Fiscal Year 2022 (87 FR 37197; June 22, 2022).
- 13. Estimate of Other Additional Costs
There are no additional costs.
- 14. Estimated Annualized Cost to the Federal Government
The staff has estimated the annualized costs to the Federal Gov ernment for the conduct of this collection of information. These estimates are based on staff experience and subject matter expertise and include the burden of reviewing, analyzing, and processing the collected information and any rel evant operational expenses.
The NRC staff estimates that reviewing these requests takes an average of 115 hours0.00133 days <br />0.0319 hours <br />1.901455e-4 weeks <br />4.37575e-5 months <br /> per request. As a result, the NRC estimates that the inco rporation by reference of new code cases and the code of record update inter val amendment would result in a one-time cost of $22,011 (115 hour0.00133 days <br />0.0319 hours <br />1.901455e-4 weeks <br />4.37575e-5 months <br />s/alternati ve request x 0.66 requests x $290/hour). Table 3 shows the burden estimate.
The current annualized cost to the Federal Government for 10 CF R Part 50, Domestic licensing of production and utilization facilities, is $65,512,656. The total annualized cost to the Government for 10 CFR Part 50 will be
$65,512,656 +$22,011 = $65,534,667.
- 15. Reasons for Change in Burden or Cost
The proposed rule would increase the burden for 10 CFR Part 50 from 3,636,646 hours0.00748 days <br />0.179 hours <br />0.00107 weeks <br />2.45803e-4 months <br /> and 42,196 responses to 3,636,808 hours0.00935 days <br />0.224 hours <br />0.00134 weeks <br />3.07444e-4 months <br /> and 42,197 respon ses, a one-time per licensee increase of 162 hours0.00188 days <br />0.045 hours <br />2.678571e-4 weeks <br />6.1641e-5 months <br /> and 1 response.
The burden increases reflect the development and submission of 10 CFR 50.55a(z) alternative requests as required by NRCs adoption co ndition Code Case N-716-3 and the accompanying recordkeeping requirements.
- 16. Publication for Statistical Use
Not applicable.
- 17. Reason for Not Displaying the Expiration Date
The recordkeeping and reporting requirements for this informati on collection are associated with regulations and are not submitted on instrument s such as forms or surveys. For this reason, there are no data instruments on w hich to display an OMB expiration date. Further, amending the regulatory text of t he CFR to display information that, in an annual publication, could become obsole te would be unduly burdensome and too difficult to keep current.
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- 18. Exceptions to the Certification Statement
Not applicable.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
Not applicable.
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