RIS 2013-07, NRC Staff Position on the Use of American Society of Mechanical Engineers Certification Mark: Difference between revisions

From kanterella
Jump to navigation Jump to search
(Created page by program invented by StriderTol)
(Created page by program invented by StriderTol)
 
Line 14: Line 14:
| page count = 6
| page count = 6
}}
}}
{{#Wiki_filter:ML13003A207 UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS OFFICE OF NUCLEAR REACTOR REGULATION OFFICE OF NEW REACTORS WASHINGTON, D.C. 20555-0001 May 28, 2013 NRC REGULATORY I
{{#Wiki_filter:UNITED STATES
SSUE SUMMARY 2013-07 NRC STAFF POSITION ON THE USE OF AMERICAN SOCIETY OF  
                            NUCLEAR REGULATORY COMMISSION
MECHANICAL ENGINEER
                OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
S CERTIFICATION MARK
                        OFFICE OF NUCLEAR REACTOR REGULATION
                                  OFFICE OF NEW REACTORS
                                WASHINGTON, D.C. 20555-0001 May 28, 2013 NRC REGULATORY ISSUE SUMMARY 2013-07 NRC STAFF POSITION ON THE USE OF AMERICAN SOCIETY OF
              MECHANICAL ENGINEERS CERTIFICATION MARK


==ADDRESSEES==
==ADDRESSEES==
All holders of and applicants for a specific source material license under Title 10 of the Code of Federal Regulations (10 CFR) Part 40, "Domestic Licensing of Source Material."
All holders of and applicants for a specific source material license under Title 10 of the Code of Federal Regulations (10 CFR) Part 40, Domestic Licensing of Source Material.


All holders of an operating license or construction permit for a nuclear power reactor under 10 CFR Part 50, "Domestic Licensing of Production and Utilization Facilities."
All holders of an operating license or construction permit for a nuclear power reactor under
10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities.


All holders of an operating license or construction permit for a non-power reactor (research and test reactors, and critical assemblies) under 10 CFR Part 50, including those that have permanently ceased operations and have spent fuel in storage at their facility.
All holders of an operating license or construction permit for a non-power reactor (research and test reactors, and critical assemblies) under 10 CFR Part 50, including those that have permanently ceased operations and have spent fuel in storage at their facility.


All holders of and applicants for a power reactor early site permit, combined license, standard design certification, standard design approval, or manufacturing license under 10 CFR Part 52,  
All holders of and applicants for a power reactor early site permit, combined license, standard design certification, standard design approval, or manufacturing license under 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants.
"Licenses, Certifications, and Approvals for Nuclear Power Plants."


All holders of and applicants for a fuel cycle facility license under 10 CFR Part 70, "Domestic Licensing of Special Nuclear Material."
All holders of and applicants for a fuel cycle facility license under 10 CFR Part 70, Domestic Licensing of Special Nuclear Material.
All holders of and applicants for a transportation package certificate of compliance under
10 CFR Part 71, "Packaging and Transportation of Radioactive Material." 


All holders of and applicants for an independent spent fuel storage installation license or a certificate of compliance under 10 CFR Part 72, "Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste and Reactor-Related Greater Than Class C Waste."
All holders of and applicants for a transportation package certificate of compliance under
All holders of and applicants for a gaseous diffusion plant certificate of compliance or an approved compliance plan under 10 CFR Part 76, "Certification of Gaseous Diffusion Plants." 
10 CFR Part 71, Packaging and Transportation of Radioactive Material.
 
All holders of and applicants for an independent spent fuel storage installation license or a certificate of compliance under 10 CFR Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste and Reactor-Related Greater Than Class C Waste.
 
All holders of and applicants for a gaseous diffusion plant certificate of compliance or an approved compliance plan under 10 CFR Part 76, Certification of Gaseous Diffusion Plants.


==INTENT==
==INTENT==
The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS) to inform addressees on the details regarding the introduction of the American Society of Mechanical Engineers (ASME) Certification Mark with code-specific designators in the 2011 addenda of the 2010 edition of the ASME Boiler and Pressure Vessel Code (the Code) and the relationship of the new ASME Certification Mark to the ASME Code Symbol Stamps, which were previously used by certificate holders.
The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)
 
to inform addressees on the details regarding the introduction of the American Society of Mechanical Engineers (ASME) Certification Mark with code-specific designators in the 2011 addenda of the 2010 edition of the ASME Boiler and Pressure Vessel Code (the Code) and the relationship of the new ASME Certification Mark to the ASME Code Symbol Stamps, which ML13003A207 were previously used by certificate holders. This RIS also informs stakeholders that the NRC
This RIS also informs stakeholders that the NRC has issued Enforcement Guidance Memorandum (EGM) 13-002, on April 3, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13093A235), which grants enforcement discretion for the use of ASME Certification Marks (with accompanying errata) in instances where ASME Code Symbol Stamps are required by the Code. This RIS requires no action or written response on the part of an addressee.
has issued Enforcement Guidance Memorandum (EGM) 13-002, on April 3, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13093A235), which grants enforcement discretion for the use of ASME Certification Marks (with accompanying errata) in instances where ASME Code Symbol Stamps are required by the Code. This RIS
requires no action or written response on the part of an addressee.


==BACKGROUND INFORMATION==
==BACKGROUND INFORMATION==
On August 17, 2012, the NRC received a letter addressed by ASME (ADAMS Accession No. ML13015A169) regarding the introduction of the ASME Certification Mark with code-specific designators to the 2011 addenda of the 2010 edition of the Code and the relationship of the Certification Mark to the ASME Code Symbol Stamps, which were previously used by certificate holders. Specifically, ASME requested that the NRC issue a generic communication to document the NRC's acceptance of the ASME's position that the ASME Code Symbol Stamps and ASME Certification Mark are equivalent, in that both certify code compliance by certificate holders.
On August 17, 2012, the NRC received a letter addressed by ASME (ADAMS Accession No. ML13015A169) regarding the introduction of the ASME Certification Mark with code-specific designators to the 2011 addenda of the 2010 edition of the Code and the relationship of the Certification Mark to the ASME Code Symbol Stamps, which were previously used by certificate holders. Specifically, ASME requested that the NRC issue a generic communication to document the NRCs acceptance of the ASMEs position that the ASME Code Symbol Stamps and ASME Certification Mark are equivalent, in that both certify code compliance by certificate holders.


By letter dated October 2, 2012 (ADAMS Accession No. ML12262A005), the NRC responded to the August 17, 2012, letter outlining a path forward for both licensees and applicants. This RIS  
By letter dated October 2, 2012 (ADAMS Accession No. ML12262A005), the NRC responded to the August 17, 2012, letter outlining a path forward for both licensees and applicants. This RIS
is in response to the ASME request that the NRC issue a generic communication.
is in response to the ASME request that the NRC issue a generic communication.


==SUMMARY OF ISSUE==
==SUMMARY OF ISSUE==
The ASME Code requires, in certain instances, that components be stamped. The stamp signifies that the component has been designed, fabricated, examined and tested, as specified in the ASME Code. The stamp also signifies that the required ASME Code data report forms have been completed, and the authorized inspector has inspected the item and authorized the application of the ASME Code Symbol Stamp.
The ASME Code requires, in certain instances, that components be stamped. The stamp signifies that the component has been designed, fabricated, examined and tested, as specified in the ASME Code. The stamp also signifies that the required ASME Code data report forms have been completed, and the authorized inspector has inspected the item and authorized the application of the ASME Code Symbol Stamp.
 
ASME has instituted changes in the Code to consolidate the different ASME Code Symbol Stamps into a common ASME Certification Mark.  This action was implemented in the 2011 Addenda to the 2010 Edition of the ASME Code.  By the end of 2012, ASME will no longer utilize the ASME Code Symbol Stamp.  Licensees, however, may not have updated to the Edition or Addenda that identifies the use of the ASME Certification Mark.  Nevertheless, licensees are legally required to implement the ASME Code Edition and Addenda identified as their current code of record.  As ASME components are procured, these components may be received with the ASME Certification Mark, while the licensee's current code of record may require the component to have the ASME Code Symbol Stamp.  Installation of a component under such circumstances would not be in compliance with the regulations that the licensees
 
are required to meet.


The description of the new ASME Certification Mark with code-specific designators was incorporated into the 2011 addenda of the 2010 edition of the Code, replacing the description of the corresponding ASME Code Symbol Stamps featured in earlier editions and addenda. To be in compliance with the Code of Federal Regulations, licensees are required to use Code Symbol Stamps.  Both the ASME Certification Mark and the ASME Code Symbol Stamp are official ASME methods of certifying compliance with the Code. Although these ASME Certification Marks differ slightly in appearance, they serve the same purpose of certifying code compliance by the ASME Certificate Holder and continue to provide for the same level of quality assurance for the application of the ASME Certification Mark as was required for the application of the ASME Code Symbol Stamp. The new ASME Certification Mark represents a small, non-safety significant modification of ASME's trademark.  As such, it does not change the technical requirements of the Code.  ASME has confirmed that the Certification Mark with designator is equivalent to the corresponding Code Symbol Stamp. Based on statements by ASME in the August 17, 2012, letter, the NRC has concluded that the ASME Code Symbol Stamps and ASME Certification Mark with code-specific designators are equivalent with respect to their certification of compliance with the Code.
ASME has instituted changes in the Code to consolidate the different ASME Code Symbol Stamps into a common ASME Certification Mark. This action was implemented in the 2011 Addenda to the 2010 Edition of the ASME Code. By the end of 2012, ASME will no longer utilize the ASME Code Symbol Stamp. Licensees, however, may not have updated to the Edition or Addenda that identifies the use of the ASME Certification Mark. Nevertheless, licensees are legally required to implement the ASME Code Edition and Addenda identified as their current code of record. As ASME components are procured, these components may be received with the ASME Certification Mark, while the licensees current code of record may require the component to have the ASME Code Symbol Stamp. Installation of a component under such circumstances would not be in compliance with the regulations that the licensees are required to meet.


The NRC is aware of the potential administrative and regulatory burdens which could develop due to the introduction of the ASME Certification Mark in the 2011 addenda of the 2010 edition
The description of the new ASME Certification Mark with code-specific designators was incorporated into the 2011 addenda of the 2010 edition of the Code, replacing the description of the corresponding ASME Code Symbol Stamps featured in earlier editions and addenda. To be in compliance with the Code of Federal Regulations, licensees are required to use Code Symbol Stamps. Both the ASME Certification Mark and the ASME Code Symbol Stamp are official ASME methods of certifying compliance with the Code. Although these ASME Certification Marks differ slightly in appearance, they serve the same purpose of certifying code compliance by the ASME Certificate Holder and continue to provide for the same level of quality assurance for the application of the ASME Certification Mark as was required for the application of the ASME Code Symbol Stamp. The new ASME Certification Mark represents a small, non-safety significant modification of ASMEs trademark. As such, it does not change the technical requirements of the Code. ASME has confirmed that the Certification Mark with designator is equivalent to the corresponding Code Symbol Stamp. Based on statements by ASME in the August 17, 2012, letter, the NRC has concluded that the ASME Code Symbol Stamps and ASME Certification Mark with code-specific designators are equivalent with respect to their certification of compliance with the Code.


of the Code, as identified above. The NRC also recognizes that the use of the ASME Certification Mark in lieu of the ASME Code Symbol Stamp is administrative in nature and does not represent a safety issue, and, as clarified on the ASME Web site, that the accompanying errata (Record Number 12-857, Errata to Correct NCA-8211(b) and Figure NCA-8212-1 to Include Designator) approved by ASME must be used with the Certification Mark, effective September 5, 2012. This errata was issued by ASME to correct minor errors associated with the introduction of the Certification Mark into the Code. Specifically, the errata modify the provisions in the Code concerning the Certification Mark to reflect that code-specific designators must be used in conjunction with the Certification Mark.
The NRC is aware of the potential administrative and regulatory burdens which could develop due to the introduction of the ASME Certification Mark in the 2011 addenda of the 2010 edition of the Code, as identified above. The NRC also recognizes that the use of the ASME
Certification Mark in lieu of the ASME Code Symbol Stamp is administrative in nature and does not represent a safety issue, and, as clarified on the ASME Web site, that the accompanying errata (Record Number 12-857, Errata to Correct NCA-8211(b) and Figure NCA-8212-1 to Include Designator) approved by ASME must be used with the Certification Mark, effective September 5, 2012. This errata was issued by ASME to correct minor errors associated with the introduction of the Certification Mark into the Code. Specifically, the errata modify the provisions in the Code concerning the Certification Mark to reflect that code-specific designators must be used in conjunction with the Certification Mark.


EGM 13-002 grants enforcement discretion to NRC and the NRC will not cite licensees for violations of 10 CFR 50.55a, "Codes and Standards," related to the use of the ASME Code in regard to the ASME Certification Mark, in lieu of the ASME Code Symbol Stamp, given that this issue is administrative in nature and does not represent a technical concern which could affect public health and safety. The NRC ensures that unnecessary regulatory burden will not be imposed on licensees during the time period prior to final resolution of this issue. The NRC plans to include provisions in the rulemaking efforts associated with the incorporation by reference of the 2009 Addenda through the 2011 Addenda of the ASME Code into 10 CFR  
EGM 13-002 grants enforcement discretion to NRC and the NRC will not cite licensees for violations of 10 CFR 50.55a, Codes and Standards, related to the use of the ASME Code in regard to the ASME Certification Mark, in lieu of the ASME Code Symbol Stamp, given that this issue is administrative in nature and does not represent a technical concern which could affect public health and safety. The NRC ensures that unnecessary regulatory burden will not be imposed on licensees during the time period prior to final resolution of this issue. The NRC
plans to include provisions in the rulemaking efforts associated with the incorporation by reference of the 2009 Addenda through the 2011 Addenda of the ASME Code into 10 CFR
50.55a, to provide final resolution of this issue regarding the use of the ASME Certification Mark in lieu of the ASME Code Symbol Stamp.
50.55a, to provide final resolution of this issue regarding the use of the ASME Certification Mark in lieu of the ASME Code Symbol Stamp.


This regulatory issue summary does not preclude licensees of operating plants from submitting a request to the NRC to use an alternative to the Code requirements regarding the use of the Code Symbol Stamps and Certification Mark, pursuant to 10 CFR 50.55a(a)(3).  
This regulatory issue summary does not preclude licensees of operating plants from submitting a request to the NRC to use an alternative to the Code requirements regarding the use of the Code Symbol Stamps and Certification Mark, pursuant to 10 CFR 50.55a(a)(3).
BACKFITTING AND ISSUE FINALITY
This RIS informs addressees about the ASME Certification Mark, the relationship of the Certification Mark to the ASME Code Symbol Stamp, and EGM 13-002, which grants enforcement discretion for the use of the ASME Certification Mark (with accompanying errata) in instances where ASME Code Symbol Stamps are required by the Code. The RIS does not contain new or changed positions which the NRC is imposing on licensees (including holders of combined licenses under 10 CFR Part 52). The RIS does not affect currently-approved design certifications or their effect in combined license applications or the combined licenses referencing currently-approved design certifications. Any action on the part of an addressee in response to the information in this RIS is strictly voluntary. Consequently, the staff did not perform a backfit analysis or otherwise prepare any documentation addressing issue finality criteria.


BACKFITTING AND ISSUE FINALITY
===FEDERAL REGISTER NOTIFICATION===
A notice of opportunity for public comment on this RIS was not published in the Federal Register because there is a need to provide prompt notice to the addressees of the NRCs intent to provide enforcement discretion with respect to certain NRC requirements in 10 CFR 50.55a, which incorporates by reference and directs compliance with ASME Code provisions on the marking of ASME components. ASME components are currently being fabricated/manufactured without the markings required by the ASME Code provisions incorporated by reference into Section 50.55a, and these components are being used in the construction, maintenance or repair. In the absence of prompt public notice of the NRC staff position described in this RIS,
the addressees may be forced to take actions to be in compliance with NRC requirements.


This RIS informs addressees about the ASME Certification Mark, the relationship of the Certification Mark to the ASME Code Symbol Stamp, and EGM 13-002, which grants enforcement discretion for the use of the ASME Certification Mark (with accompanying errata) in instances where ASME Code Symbol Stamps are required by the Code.  The RIS does not contain new or changed positions which the NRC is imposing on licensees (including holders of combined licenses under 10 CFR Part 52).  The RIS does not affect currently-approved design certifications or their effect in combined license applications or the combined licenses referencing currently-approved design certifications.  Any action on the part of an addressee in response to the information in this RIS is strictly voluntary.  Consequently, the staff did not perform a backfit analysis or otherwise prepare any documentation addressing issue finality criteria.
These addressee actions were neither foreseen nor intended by the NRC, and would not appear to serve an NRC regulatory purpose. For these reasons, the staff is issuing this RIS
 
without an opportunity for public comment on a draft version of the RIS. The NRC intends to continue working with stakeholders in consideration of proposed rulemaking related to these matters.
===FEDERAL REGISTER NOTIFICATION===
A notice of opportunity for public comment on this RIS was not published in the Federal Register because there is a need to provide prompt notice to the addressees of the NRC's intent to provide enforcement discretion with respect to certain NRC requirements in 10 CFR 50.55a, which incorporates by reference and directs compliance with ASME Code provisions on the marking of ASME components.  ASME components are currently being fabricated/manufactured without the markings required by the ASME Code provisions incorporated by reference into Section 50.55a, and these components are being used in the construction, maintenance or repair.  In the absence of prompt public notice of the NRC staff position described in this RIS, the addressees may be forced to take actions to be in compliance with NRC requirements.  These addressee actions were neither foreseen nor intended by the NRC, and would not appear to serve an NRC regulatory purpose. For these reasons, the staff is issuing this RIS  
without an opportunity for public comment on a draft version of the RIS. The NRC intends to continue working with stakeholders in consideration of proposed rulemaking related to these matters.


===CONGRESSIONAL REVIEW ACT===
===CONGRESSIONAL REVIEW ACT===
The NRC has determined this RIS is not a majo r rule as designated by the Congressional Review Act (5 U.S.C. 801-808).
The NRC has determined this RIS is not a major rule as designated by the Congressional Review Act (5 U.S.C. 801-808).


===PAPERWORK REDUCTION ACT STATEMENT===
===PAPERWORK REDUCTION ACT STATEMENT===
This RIS does not contain new or amended information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Managemen t and Budget, approval number 3150-0011.
This RIS does not contain new or amended information collection requirements that are 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 number 3150-0011.


===PUBLIC PROTECTION NOTIFICATION===
===PUBLIC PROTECTION NOTIFICATION===
Line 85: Line 90:
Please direct any questions about this matter to the technical contact listed.
Please direct any questions about this matter to the technical contact listed.


/RA/       /RA/  
/RA/                                                 /RA/
Laura A. Dudes, Director   Lawrence E. Kokajko, Director Division of Construction Inspection   Division of Policy and Rulemaking   and Operational Programs   Office of Nuclear Reactor Regulation Office of New Reactors  
Laura A. Dudes, Director                             Lawrence E. Kokajko, Director Division of Construction Inspection                 Division of Policy and Rulemaking and Operational Programs                           Office of Nuclear Reactor Regulation Office of New Reactors
 
/RA/                                                 /RA/
/RA/       /RA/  
Mark D. Lombard, Director                           John D. Kinneman, Director Division of Spent Fuel Storage                       Division of Fuel Cycle Safety and Transportation                                   and Safeguards Office of Nuclear Material Safety                   Office of Nuclear Material Safety and Safeguards                                       and Safeguards  
Mark D. Lombard, Director   John D. Kinneman, Director Division of Spent Fuel Storage   Division of Fuel Cycle Safety and Transportation       and Safeguards Office of Nuclear Material Safety   Office of Nuclear Material Safety and Safeguards       and Safeguards  


===Technical Contact:===
===Technical Contact:===
Margaret T. Audrain, NRR/DE  
Margaret T. Audrain, NRR/DE
301-415-2133  
                      301-415-2133 E-mail: margaret.audrain@nrc.gov Note: NRC generic communications may be found on the NRC public Web site, http://www.nrc.gov, under NRC Library/Document Collections.
 
E-mail: margaret.audrain@nrc.gov Note: NRC generic communications may be found on the NRC public Web site, http://www.nrc.gov, under NRC Library/Document Collections.


ML13003A207                 *via e-mail                     TAC No. MF0416 OFFICE NRR/DE/EPNB Tech Editor NRR/DE/EPNB/BCNRR/DE/D OE/EB NRR/PMDA OIS  
ML13003A207                       *via e-mail         TAC No. MF0416 OFFICE     NRR/DE/EPNB     Tech Editor NRR/DE/EPNB/BC    NRR/DE/D         OE/EB     NRR/PMDA         OIS
NAME MAudrain CHsu* TLupold PHiland LCasey* LHill* TDonnell*  
NAME       MAudrain       CHsu*         TLupold         PHiland       LCasey*       LHill*     TDonnell*
DATE 01/23/13 01/25/13 01/23/13 01/30/13 02/06/13 02/07/13 02/06/13 OFFICE RES/DE/D NRR/DORL/D OGC DPR/PGCB/LADPR/PGCB/PM DPR/PGCB/BCNRO/DCIP/D
DATE       01/23/13       01/25/13       01/23/13       01/30/13       02/06/13   02/07/13     02/06/13 OFFICE       RES/DE/D     NRR/DORL/D       OGC         DPR/PGCB/LA DPR/PGCB/PM DPR/PGCB/BC NRO/DCIP/D
NAME MCase* MEvans* GMizuno* CHawes TAlexion EBowman (Acting) LDudes  DATE 02/13/13 02/15/13 04/01/13 05/10/13 05/10/13 05/14/13 05/20/13 OFFICE NMSS/SFST/D NMSS/FCSS/D NRR/DPR/DD NRR/DPR/D  
                                                                                      EBowman NAME         MCase*       MEvans*       GMizuno*         CHawes       TAlexion                 LDudes (Acting)
NAME MLombard JKinneman SBahadur LKokajko DATE 05/21/13 05/22/13 05/24/13 05/28/13
DATE         02/13/13     02/15/13       04/01/13         05/10/13     05/10/13   05/14/13     05/20/13 OFFICE     NMSS/SFST/D   NMSS/FCSS/D     NRR/DPR/DD       NRR/DPR/D
NAME       MLombard       JKinneman     SBahadur         LKokajko DATE         05/21/13     05/22/13       05/24/13         05/28/13
}}
}}


{{RIS-Nav}}
{{RIS-Nav}}

Latest revision as of 17:53, 11 November 2019

NRC Staff Position on the Use of American Society of Mechanical Engineers Certification Mark
ML13003A207
Person / Time
Issue date: 05/28/2013
From: Margaret Audrain, Laura Dudes, Kinneman J, Mark Lombard
NRC/NMSS/FCSS, NRC/NMSS/SFST, Division of Construction Inspection and Operational Programs, Piping and NDE Branch
To:
Audrain M
References
RIS-13-007
Download: ML13003A207 (6)
v • d • e


UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

OFFICE OF NUCLEAR REACTOR REGULATION

OFFICE OF NEW REACTORS

WASHINGTON, D.C. 20555-0001 May 28, 2013 NRC REGULATORY ISSUE SUMMARY 2013-07 NRC STAFF POSITION ON THE USE OF AMERICAN SOCIETY OF

MECHANICAL ENGINEERS CERTIFICATION MARK

ADDRESSEES

All holders of and applicants for a specific source material license under Title 10 of the Code of Federal Regulations (10 CFR) Part 40, Domestic Licensing of Source Material.

All holders of an operating license or construction permit for a nuclear power reactor under

10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities.

All holders of an operating license or construction permit for a non-power reactor (research and test reactors, and critical assemblies) under 10 CFR Part 50, including those that have permanently ceased operations and have spent fuel in storage at their facility.

All holders of and applicants for a power reactor early site permit, combined license, standard design certification, standard design approval, or manufacturing license under 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants.

All holders of and applicants for a fuel cycle facility license under 10 CFR Part 70, Domestic Licensing of Special Nuclear Material.

All holders of and applicants for a transportation package certificate of compliance under

10 CFR Part 71, Packaging and Transportation of Radioactive Material.

All holders of and applicants for an independent spent fuel storage installation license or a certificate of compliance under 10 CFR Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste and Reactor-Related Greater Than Class C Waste.

All holders of and applicants for a gaseous diffusion plant certificate of compliance or an approved compliance plan under 10 CFR Part 76, Certification of Gaseous Diffusion Plants.

INTENT

The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)

to inform addressees on the details regarding the introduction of the American Society of Mechanical Engineers (ASME) Certification Mark with code-specific designators in the 2011 addenda of the 2010 edition of the ASME Boiler and Pressure Vessel Code (the Code) and the relationship of the new ASME Certification Mark to the ASME Code Symbol Stamps, which ML13003A207 were previously used by certificate holders. This RIS also informs stakeholders that the NRC

has issued Enforcement Guidance Memorandum (EGM) 13-002, on April 3, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13093A235), which grants enforcement discretion for the use of ASME Certification Marks (with accompanying errata) in instances where ASME Code Symbol Stamps are required by the Code. This RIS

requires no action or written response on the part of an addressee.

BACKGROUND INFORMATION

On August 17, 2012, the NRC received a letter addressed by ASME (ADAMS Accession No. ML13015A169) regarding the introduction of the ASME Certification Mark with code-specific designators to the 2011 addenda of the 2010 edition of the Code and the relationship of the Certification Mark to the ASME Code Symbol Stamps, which were previously used by certificate holders. Specifically, ASME requested that the NRC issue a generic communication to document the NRCs acceptance of the ASMEs position that the ASME Code Symbol Stamps and ASME Certification Mark are equivalent, in that both certify code compliance by certificate holders.

By letter dated October 2, 2012 (ADAMS Accession No. ML12262A005), the NRC responded to the August 17, 2012, letter outlining a path forward for both licensees and applicants. This RIS

is in response to the ASME request that the NRC issue a generic communication.

SUMMARY OF ISSUE

The ASME Code requires, in certain instances, that components be stamped. The stamp signifies that the component has been designed, fabricated, examined and tested, as specified in the ASME Code. The stamp also signifies that the required ASME Code data report forms have been completed, and the authorized inspector has inspected the item and authorized the application of the ASME Code Symbol Stamp.

ASME has instituted changes in the Code to consolidate the different ASME Code Symbol Stamps into a common ASME Certification Mark. This action was implemented in the 2011 Addenda to the 2010 Edition of the ASME Code. By the end of 2012, ASME will no longer utilize the ASME Code Symbol Stamp. Licensees, however, may not have updated to the Edition or Addenda that identifies the use of the ASME Certification Mark. Nevertheless, licensees are legally required to implement the ASME Code Edition and Addenda identified as their current code of record. As ASME components are procured, these components may be received with the ASME Certification Mark, while the licensees current code of record may require the component to have the ASME Code Symbol Stamp. Installation of a component under such circumstances would not be in compliance with the regulations that the licensees are required to meet.

The description of the new ASME Certification Mark with code-specific designators was incorporated into the 2011 addenda of the 2010 edition of the Code, replacing the description of the corresponding ASME Code Symbol Stamps featured in earlier editions and addenda. To be in compliance with the Code of Federal Regulations, licensees are required to use Code Symbol Stamps. Both the ASME Certification Mark and the ASME Code Symbol Stamp are official ASME methods of certifying compliance with the Code. Although these ASME Certification Marks differ slightly in appearance, they serve the same purpose of certifying code compliance by the ASME Certificate Holder and continue to provide for the same level of quality assurance for the application of the ASME Certification Mark as was required for the application of the ASME Code Symbol Stamp. The new ASME Certification Mark represents a small, non-safety significant modification of ASMEs trademark. As such, it does not change the technical requirements of the Code. ASME has confirmed that the Certification Mark with designator is equivalent to the corresponding Code Symbol Stamp. Based on statements by ASME in the August 17, 2012, letter, the NRC has concluded that the ASME Code Symbol Stamps and ASME Certification Mark with code-specific designators are equivalent with respect to their certification of compliance with the Code.

The NRC is aware of the potential administrative and regulatory burdens which could develop due to the introduction of the ASME Certification Mark in the 2011 addenda of the 2010 edition of the Code, as identified above. The NRC also recognizes that the use of the ASME

Certification Mark in lieu of the ASME Code Symbol Stamp is administrative in nature and does not represent a safety issue, and, as clarified on the ASME Web site, that the accompanying errata (Record Number 12-857, Errata to Correct NCA-8211(b) and Figure NCA-8212-1 to Include Designator) approved by ASME must be used with the Certification Mark, effective September 5, 2012. This errata was issued by ASME to correct minor errors associated with the introduction of the Certification Mark into the Code. Specifically, the errata modify the provisions in the Code concerning the Certification Mark to reflect that code-specific designators must be used in conjunction with the Certification Mark.

EGM 13-002 grants enforcement discretion to NRC and the NRC will not cite licensees for violations of 10 CFR 50.55a, Codes and Standards, related to the use of the ASME Code in regard to the ASME Certification Mark, in lieu of the ASME Code Symbol Stamp, given that this issue is administrative in nature and does not represent a technical concern which could affect public health and safety. The NRC ensures that unnecessary regulatory burden will not be imposed on licensees during the time period prior to final resolution of this issue. The NRC

plans to include provisions in the rulemaking efforts associated with the incorporation by reference of the 2009 Addenda through the 2011 Addenda of the ASME Code into 10 CFR 50.55a, to provide final resolution of this issue regarding the use of the ASME Certification Mark in lieu of the ASME Code Symbol Stamp.

This regulatory issue summary does not preclude licensees of operating plants from submitting a request to the NRC to use an alternative to the Code requirements regarding the use of the Code Symbol Stamps and Certification Mark, pursuant to 10 CFR 50.55a(a)(3).

BACKFITTING AND ISSUE FINALITY

This RIS informs addressees about the ASME Certification Mark, the relationship of the Certification Mark to the ASME Code Symbol Stamp, and EGM 13-002, which grants enforcement discretion for the use of the ASME Certification Mark (with accompanying errata) in instances where ASME Code Symbol Stamps are required by the Code. The RIS does not contain new or changed positions which the NRC is imposing on licensees (including holders of combined licenses under 10 CFR Part 52). The RIS does not affect currently-approved design certifications or their effect in combined license applications or the combined licenses referencing currently-approved design certifications. Any action on the part of an addressee in response to the information in this RIS is strictly voluntary. Consequently, the staff did not perform a backfit analysis or otherwise prepare any documentation addressing issue finality criteria.

FEDERAL REGISTER NOTIFICATION

A notice of opportunity for public comment on this RIS was not published in the Federal Register because there is a need to provide prompt notice to the addressees of the NRCs intent to provide enforcement discretion with respect to certain NRC requirements in 10 CFR 50.55a, which incorporates by reference and directs compliance with ASME Code provisions on the marking of ASME components. ASME components are currently being fabricated/manufactured without the markings required by the ASME Code provisions incorporated by reference into Section 50.55a, and these components are being used in the construction, maintenance or repair. In the absence of prompt public notice of the NRC staff position described in this RIS,

the addressees may be forced to take actions to be in compliance with NRC requirements.

These addressee actions were neither foreseen nor intended by the NRC, and would not appear to serve an NRC regulatory purpose. For these reasons, the staff is issuing this RIS

without an opportunity for public comment on a draft version of the RIS. The NRC intends to continue working with stakeholders in consideration of proposed rulemaking related to these matters.

CONGRESSIONAL REVIEW ACT

The NRC has determined this RIS is not a major rule as designated by the Congressional Review Act (5 U.S.C. 801-808).

PAPERWORK REDUCTION ACT STATEMENT

This RIS does not contain new or amended information collection requirements that are 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 number 3150-0011.

PUBLIC PROTECTION NOTIFICATION

The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number.

CONTACT

Please direct any questions about this matter to the technical contact listed.

/RA/ /RA/

Laura A. Dudes, Director Lawrence E. Kokajko, Director Division of Construction Inspection Division of Policy and Rulemaking and Operational Programs Office of Nuclear Reactor Regulation Office of New Reactors

/RA/ /RA/

Mark D. Lombard, Director John D. Kinneman, Director Division of Spent Fuel Storage Division of Fuel Cycle Safety and Transportation and Safeguards Office of Nuclear Material Safety Office of Nuclear Material Safety and Safeguards and Safeguards

Technical Contact:

Margaret T. Audrain, NRR/DE

301-415-2133 E-mail: margaret.audrain@nrc.gov Note: NRC generic communications may be found on the NRC public Web site, http://www.nrc.gov, under NRC Library/Document Collections.

ML13003A207 *via e-mail TAC No. MF0416 OFFICE NRR/DE/EPNB Tech Editor NRR/DE/EPNB/BC NRR/DE/D OE/EB NRR/PMDA OIS

NAME MAudrain CHsu* TLupold PHiland LCasey* LHill* TDonnell*

DATE 01/23/13 01/25/13 01/23/13 01/30/13 02/06/13 02/07/13 02/06/13 OFFICE RES/DE/D NRR/DORL/D OGC DPR/PGCB/LA DPR/PGCB/PM DPR/PGCB/BC NRO/DCIP/D

EBowman NAME MCase* MEvans* GMizuno* CHawes TAlexion LDudes (Acting)

DATE 02/13/13 02/15/13 04/01/13 05/10/13 05/10/13 05/14/13 05/20/13 OFFICE NMSS/SFST/D NMSS/FCSS/D NRR/DPR/DD NRR/DPR/D

NAME MLombard JKinneman SBahadur LKokajko DATE 05/21/13 05/22/13 05/24/13 05/28/13


Retrieved from "https://kanterella.com/w/index.php?title=RIS_2013-07,_NRC_Staff_Position_on_the_Use_of_American_Society_of_Mechanical_Engineers_Certification_Mark&oldid=2089025"