ML23046A398
| ML23046A398 | |
| Person / Time | |
|---|---|
| Issue date: | 03/10/2023 |
| From: | Andrea Veil Office of Nuclear Reactor Regulation |
| To: | Laura Dudes, Jack Giessner, Robert Lewis, Ray Lorson Region 1 Administrator, Region 2 Administrator, Region 3 Administrator, Region 4 Administrator |
| References | |
| Download: ML23046A398 (4) | |
Text
March 10, 2023 MEMORANDUM TO: Raymond K. Lorson, Regional Administrator Office of the Regional Administrator, RI Laura A. Dudes, Regional Administrator Office of the Regional Administrator, RII Jack B. Giessner, Regional Administrator Office of the Regional Administrator, RIII Robert Lewis, Acting Regional Administrator Office of the Regional Administrator, RIV Signed by Veil, Andrea FROM: Andrea D. Veil, Director on 03/10/23 Office of Nuclear Reactor Regulation
SUBJECT:
TEMPORARY GUIDANCE FOR DISPOSITIONING INSPECTION ISSUES RELATED TO THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS (ASME) CODE INSERVICE INSPECTION OF STEEL CONTAINMENT OR LINERS COVERED BY INSULATION This memorandum provides temporary guidance for dispositioning inspection issues associated with inservice inspection of licensees general visual examination of steel containment or liners covered by insulation.
Background
The American Society of Mechanical Engineers (ASME)Section XI, Subsection IWE requires general visual examination of 100 percent of accessible steel containments or liners every inspection period (~ every other outage). The code considers areas inaccessible if visual access is obstructed by permanent plant structures, equipment, or components As raised through at least one recent inspection finding, some licensees and the Nuclear Energy Institute (NEI) have communicated that they view permanent in this context as the opposite of temporary. With this definition, insulation that is part of their plant design (even if it readily removable) is not temporary, so thus is permanent.
CONTACT: Ian Tseng, NRR/DEX Philip J. McKenna, NRR/DRO 301-415-7964 301-415-0037
Regional Administrators 2 The Office of Nuclear Reactor Regulation (NRR) inservice inspection technical staff and inspectors have previously interpreted permanent in this context as the opposite of removable.
Specifically, insulation that is designed to be removed, for instance insulation attached with Velcro or tie wire, was not viewed as permanent and should be removed for the ASME Section XI, Subsection IWE general visual exam. This has also been the interpretation of some licensees, but not others. Unfortunately, the staffs historical interpretation applied to the general visual exams is not clearly documented in the ASME code, NRC involvement in past code activities, past enforcement actions, nor in NRC rulemaking records incorporating the code into regulations.
Discussion Given the existence of plausible arguments supporting both interpretations of the code and the lack of historical documented interpretations, the staff have concluded that the current language in the ASME code and supporting documents is ambiguous. In preparing for a public meeting the NRR/Division of Engineering and External Hazards (DEX) held with industry on January 19, 2023, NRR/DEX staff reviewed code interpretations and companion books, the words chosen in licensee and NRC documents alike, and have concluded that the NRCs regulatory position on this issue requires additional review, especially in regard to backfit. Instead of debating the definition of permanent alone, NRR/DEX staff plans to focus on clarifying the code to drive a better safety focused solution. The 2023 edition of the ASME Code states that insulation does not need to be removed for general visual exams. During the 10 CFR 50.55a rulemaking process for endorsing the 2023 Edition of the ASME Code, NRR/DEX staff will review this change and consider additional clarification. While developing this clarification, NRR/DEX staff will request input from all stakeholders (including regional inspectors) regarding what is necessary for these inspections. Discussions to date on the issue also indicate that greater than green findings are not likely.
Feedback from inspectors on how licensees are implementing this requirement would be appreciated. If regional inspectors are aware of examples where licensees are or are not removing insulation when conducting the ASME Section XI, Subsection IWE general visual exams, please provide that information to Bryce Lehman (bryce.lehman@nrc.gov) and George Wang (george.wang@nrc.gov) in NRR/DEX to help inform the NRC position moving forward.
Also, if you have a related issue of higher safety significance, for instance if degradation is found, or if licensees have clearly committed to removing insulation as part of their licensing basis, regional inspectors should continue to pursue inspection of the item and inform the NRR/DEX/Structural, Civil Geotech Engineering Branch (ESEB) points of contact listed above.
To inform the development of a better safety focused solution, the NRR/DEX staff is reviewing examples provided by NEI where the existing ASME Section XI, Subsection IWE requirements and general visual exam resulted in further inspections and/or evaluations. NRR/DEX staff have also started discussions at the ASME Section XI, IWE Containment Code Committee and with ASME management to explore options to enhance clarity and optimize the scope and frequency of these inspections in the Code. From information gathered to date, NRR/DEX staff considers that both current interpretations are suboptimal -- any solution that proposes to never remove this insulation for the life of the plant is insufficient to ensure safety but removing 100 percent of the insulation every inspection period is likely unnecessary to ensure safety.
Regional Administrators 3 Guidance:
Until this issue is resolved in the ASME code, and a reliable NRC position can be established for all Regions to use, it would be strategically beneficial to not issue more violations related to this issue except in the specific cases noted below. In such cases, coordination with HQ is necessary to ensure consistent approaches across the regions. An August 2022 revision to IMC 0612, Appendix B, Issue Screening now allows the VLSSIR process to be used even in cases where potential generic issues exist: Cases may arise where clarification of a requirement through generic processes, interim staff guidance, or other appropriate means may be necessary, outside of inspection and assessment, to address broader safety and regulatory concerns. If a region currently has this issue in the inspection process, unless the significance appears to be greater than green or there is a clear non-compliance of the plant licensing basis not tied to the code ambiguity discussed above, given the program office determination that the existing code is ambiguous and requires additional effort to review, the Very Low Safety Significance Issue Resolution process is the appropriate method to document the issue while it is being resolved by NRR/DEX staff. In addition, regions should coordinate with NRR/DEX and DRO on any documentation to ensure we are coordinated on the agency responses, especially if a non-compliance will be documented.
Courtesy Copies To:
M. King, NRR A. Kock, NRR E. Benner, NRR R. Felts, NRR S. Lee, RGN-I P. Krohn, RGN-I L. Suggs, RGN-II M. Franke, RGN-II L. Pearson, RGN-II S. Smith, RDN-II J. Lara, RGN-III J. Kozal, RGN-III R. Lantz, RGN-IV M. Hay RGN-IV
ML23046A398 NRR-106 OFFICE NRR/DRO/IRAB NRR/DEX/ESEB NRR/DRO NRR/DEX NRR NAME PMcKenna ITseng RFelts EBenner AVeil DATE 2/16/2023 2/16/2023 2/16/2023 2/21/2023 3/10/2023