NRC Generic Letter 1997-04

NRC Generic Letter 1997-004: NRC Staff Approval for Changes to 10 CFR Part 50, Appendix H, Reactor Vessel Surveillance Specimen Withdrawal Schedules

ML031210296
Person / Time
Site:	Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Mcguire, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, Fort Saint Vrain, Washington Public Power Supply System, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant, Clinch River, Crane
Issue date:	09/30/1997
From:	Roe J Office of Nuclear Reactor Regulation
To:
References
GL-97-004, NUDOCS 9709290106
Download: ML031210296 (7)

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, D.C. 20555-0001 September 30, 1997 NRC ADMINISTRATIVE LETTER 97-04: NRC STAFF APPROVAL FOR CHANGES TO

10 CFR PART 50, APPENDIX H, REACTOR

VESSEL SURVEILLANCE SPECIMEN

WITHDRAWAL SCHEDULES

Addressees

All holders of operating licenses for nuclear power reactors except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel.

Purpose

The U.S. Nuclear Regulatory Commission (NRC) is issuing this administrative letter to inform licensees that changes to their facilities' reactor vessel surveillance specimen capsule withdrawal schedules as specified in Appendix H to Part 50 of Title 10 of the Code of Federal Regulations (10 CFR) that do not conform to the required ASTM standard referenced in Appendix H will be treated as license amendments requiring public notice and opportunity for a hearing.

Background In a Memorandum and Order (CLI-96-13) issued in the Perry operating license amendment proceeding on December 6, 1996, the Commission reversed and vacated the Atomic Safety and Licensing Board Order, LBP-95-17, which required that all future proposed withdrawal schedule changes be treated as license amendments. The Commission found that while

10 CFR Part 50, Appendix H, II.B.3 requires prior NRC approval for all withdrawal schedule changes, only certain changes require license amendments as the process to be followed for such approval. Specifically, those changes that do not conform to the ASTM standard referenced in Appendix H (ASTM E-185, Standard Practice for Conducting Surveillance Tests for Light-Water Cooled Nuclear Power Reactor Vessels) will require approval by the license amendment process, whereas changes that conform to the ASTM standard require only staff verification of such conformance.

Discussion Plant technical specifications often direct licensees to conduct testing and surveillance of material specimens according to Appendix H. Appendix H, in tum, requires withdrawal schedules to meet an applicable ASTM standard. In this instance, as long as the plant's withdrawal schedule change meets the applicable ASTM standard, the plant will not be l

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AL 97-04 September 30, 1997 exceeding the operating authority already granted in its license. Therefore, a license amendment would not be required, although prior NRC approval to verify conformance with the ASTM standard is required by Appendix H.

However, if the plant's withdrawal schedule change does not meet the applicable ASTM

standard, then the change will be treated as a license amendment requiring public notice and opportunity for a hearing in accordance with Section 189a of the Atomic Energy Act.

Therefore, the information required by 10 CFR 50.91 and 50.92 should be included in such submittals.

Backfit Discussion

The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this administrative letter. This information is being provided in light of the Memorandum and Order and does not constitute a backfit in that the substance of the regulations is not being changed in any respect by this action, and no substantive regulatory requirements that are different from or greater than those that existed heretofore are being imposed on NRC

licensees. This administrative letter does not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1), and a backfit analysis is, therefore, not required.

This administrative letter requires no specific action or written response. If you have any questions about this matter, please contact the lead project manager listed below or your appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

I is:-Roe, Acting Director of Reactor Program Management Office of Nuclear Reactor Regulation Contact: Jon Hopkins, NRR

301-415-3027 E-mail: jbhl @nrc.gov Attachment: List of Recently Issued Administrative Letters

V

Attachment AL 97-04 September 30, 1997 LIST OF RECENTLY ISSUED

NRC ADMINISTRATIVE LETTERS

Administrative Date of Letter No. Subject Issuance Issued to

97-03 Plant Restart Discussions 03/28/97 All holders of OLs or CPs Following Natural Disasters for nuclear power reactors

97-02 Elimination of National 03/06/97 All holders of OLs or CPs Examination Schedule for for nuclear power reactors Operator Licensing

97-01 State Initiatives to 01/17/97 All holders of OLs or Legalize Schedule 1 for nuclear power reactors Drugs and all licensees authorized to possess or transport Category 1 nuclear material

96-05 Compliance with the 11/05196 All material and fuel Rule"Timeliness in cycle licensees Decommissioning of Material Facilities"

96-04 Efficient Adoption of 10/09/96 All holders of OLs for Improved Standard Tech- nuclear power reactors nical Specifications who have not converted to the improved standard technical specifications

96-03 Centralization of Quality 09/27/96 All holders of OLs or CPs Assurance Program Review for nuclear power reactors Responsibility in the Office of Nuclear Reactor Regulation

95-03, Availability of Reactor 07/10/96 All holders of OLs or CPs Rev. 1 Vessel Integrity Database for nuclear power reactors

96-02 Licensee Responsibilities 06/21/96 All holders of OLs or CPs Related to Financial Quali- for nuclear power reactors fications OL = Operating License CP = Construction Permit

AL 97-04 September 30, 1997 exceeding the operating authority already granted in its license. Therefore, a license amendment would not be required, although prior NRC approval to verify conformance with the ASTM standard is required by Appendix H.

However, if the plant's withdrawal schedule change does not meet the applicable ASTM

standard, then the change will be treated as a license amendment requiring public notice and opportunity for a hearing in accordance with Section 189a of the Atomic Energy Act.

Therefore, the information required by 10 CFR 50.91 and 50.92 should be included in such submittals.

Backfit Discussion

The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this administrative letter. This information is being provided in light of the Memorandum and Order and does not constitute a backfit in that the substance of the regulations is not being changed in any respect by this action, and no substantive regulatory requirements that are different from or greater than those that existed heretofore are being imposed on NRC

licensees. This administrative letter does not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1), and a backfit analysis is, therefore, not required.

This administrative letter requires no specific action or written response. If you have any questions about this matter, please contact the lead project manager listed below or your appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

original signed by Jack W. Roe, Acting Director Division of Reactor Program Management Office of Nuclear Reactor Regulation Contact: Jon Hopkins, NRR

301-415-3027 E-mail: jbhl @nrc.gov Attachment: List of Recently Issued Administrative Letters DOCUMENT NAME: 97-04.AL *SEE PREVIOUS CONCURRENCES

To receive a copy of this document, Indicate In the box: "C" =Copy without enclosures _E" - Copy with enclosures "N = No copy -

OFFICE PD3-3:PM I E PD3-3:LA I N IOGC I PD3-3:D I PECB I

NAME JHopkins* CBoyle* STurk* GMarcus* CPetrone*

DATE 08/05/97 08/04/97 08/07/97 08/19/97 08/21/97 (A)C:PECB I IDE:EMCB I(A)Q FFPM 1I

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08/22/97 09/23/97 09/- 197 ---

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AL 97-04 September 18, 1997 exceeding the operating authority already granted in its license. Therefore, a license amendment would not be required, although prior NRC approval to verify conformance with the ASTM standard is required by Appendix H.

However, if the plant's withdrawal schedule change does not meet the applicable ASTM

standard, then the change will be treated as a license amendment requiring public notice and opportunity for a hearing in accordance with Section 189a of the Atomic Energy Act.

Therefore, the information required by 10 CFR 50.91 and 50.92 should be included in such submittals.

Backfit Discussion

The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this administrative letter. This information is being provided in light of the Memorandum and Order and does not constitute a backfit in that the substance of the regulations is not being changed in any respect by this action, and no substantive regulatory requirements that are different from or greater than those that existed heretofore are being imposed on NRC

licensees. This administrative letter does not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1), and a backfit analysis is, therefore, not required.

This administrative letter requires no specific action or written response. If you have any questions about this matter, please contact the lead project manager listed below or your appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

Jack W. Roe, Acting Director Division of Reactor Program Management Office of Nuclear Reactor Regulation Contact: Jon Hopkins, NRR

301-415-3027 E-mail: jbhlnrc.gov Attachment: List of Recently Issued Administrative Letters DOCUMENT NAME: 97-04.AL

To receive a copy of this document, Indicate In the box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy OFFICE PD3-3:PM E PD3-3:LA N OGC PD3-3:D PECB I

INAME J[Hopkins* CBoyle* STurk* GMarcus* CPetrone*

IDATE 08/05/97 08/04/97 08/07/97 08/19/97 08/21/97 (A)C:PECB (A)D:DRPM

RDennig* JRoe

08/22/97 09/ /97 OFFICIAL RECORD COPY

AL 97-XX

August, 1997 exceeding the operating authority already granted in its license. Therefore, a license amendment would not be required, although prior NRC approval to verify conformance with the ASTM standard is required by Appendix H.

However, if the plant's withdrawal schedule change does not meet the applicable ASTM

standard, then the change will be treated as a license amendment requiring public notice and opportunity for a hearing in accordance with Section 189a of the Atomic Energy Act.

Therefore, the information required by 10 CFR 50.91 and 50.92 should be included in such submittals.

Backfit Discussion

The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this administrative letter. This information is being provided in light of the Memorandum and Order and does not constitute a backfit in that the substance of the regulations is not being changed in any respect by this action, and no substantive regulatory requirements that are different from or greater than those that existed heretofore are being imposed on NRC

licensees. This administrative letter does not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1), and a backfit analysis is, therefore, not required.

This administrative letter requires no specific action or written response. If you have any questions about this matter, please contact the lead project manager listed below or your appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

Jack W. Roe, Acting Director Division of Reactor Program Management Office of Nuclear Reactor Regulation Contact: Jon Hopkins, NRR

301-415-3027 E-mail: jbhl@nrc.gov Attachment: List of Recently Issued Administrative Letters DOCUMENT NAME: G:\CDP\ADMI.LTR

To receive a copy of this document, Indicate In the box: "C' = Copy without enclosures 'En = Copy with enclosures "N" = No copy OFFICE PD3-3:PM I E PD3-3:LA I N OGC I PD3-3:D l PECB I

NAME JHopkins* CBoyle* STurk* GMarcus* CPetrone*

DATE 08/05/97 08/04/97A 08/07/97 08/19/97 08/21/97 .

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August x, 1997 However, iKthe plant's withdrawal schedule change does not meet the applicable ASTM

standard, then the change will be treated as a license amendment requiring public notice and opportunity for a hearing in accordance with Section 189a of the Atomic Energy Act.

Therefore, the information required by 10 CFR 50.91 and 50.92 should be included in such submittals.

Backfit Discussion

The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this administrative letter. This information is being provided in light of the Memorandum and Order and does not constitute a backfit in that the substance of the regulations is not being changed in any respect by this action, and no substantive regulatory requirements that are different from or greater than those that existed heretofore are being imposed on NRC

licensees. This administrative letter does not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1), and a backfit analysis is, therefore, not required.

This administrative letter requires no specific action or written response. If you have any questions about this matter, please contact the lead project manager listed below or your appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

Jack W. Roe, Acting Director Division of Reactor Program Management Office of Nuclear Reactor Regulation Contact: Jon Hopkins, NRR

(301) 415-3027 E-mail: JBH1@nrc.gov DOCUMENT NAME: G:XCDP\ADMI.LTR

To receive a copy of this document, Indicate in the box: IC' a Copy without enclosures "E" - Copy with enclosures "N' u No copy OFFICE fPD3-3:PM IE PD3-3:LA I N OGC I PD3-3:D I PECB X

NAME JHopkins* CBoyl e* STurk* GMarcus* CPetrone DATE 08/05/97 08/04/97 08/07/97 08/19/97 08/ 97 (A)C:PEW 4 (A)D:DRPM 7I l RDenni 6/1- -' INJRoe

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02 -1 9 7 708/ /97 OFFICIAL RECORD COPY