ML20138G063

Notation Vote Approving W/Comments SECY-96-118, Amends to 10CFR50,52 & 100 & Issuance of New App to 10CFR50

ML20138G063
Person / Time
Issue date:	08/07/1996
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
References
SECY-96-118-C, NUDOCS 9610180193
Download: ML20138G063 (7)

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AFFIRMATION VOTE RESPONSE SHEET RELEASED TO THE PDR J D )/qlW, L[o TO:

John C.

Hoyle, Secretary date initials seeeeeeeeeeeeeeeeeeeeeel, FROM:

CHAIRMAN JACKSON

SUBJECT:

SECY-96-118 - AMENDMENTS TO 10 CFR PARTS 50, 5*.

AND 100, AND ISSUANCE OF A NEW APPERDIX S TO PART 50 Approved XX Disapproved Abstain Not Participating Request Discussion COMMENTS:

See attached comments.

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lh SIDNATURE Release Vote

/ XX /

August 7, 1996 DATE Withhold Vote

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Entered on "AS" Yes XX No b

9610180193 960807 PDR COMMS NRCC I

CORRESPONDENCE PDR g

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Chairman Jackson's comments on SECY 96-118 i

I I understand the technical and policy issues that have made the discussion regarding "first" or " worst" (or "any") two hours for dose assessment a

difficult matter to resolve during this rulemaking. Part of the problem for the staff in resolving this matter stems from the " dual use" that has been applied to part 100 dose criteria - siting and design issues.

I approve the use of the

" worst" two hours for use in this rule.

Additionally, I approve the modified language of appropriate portions of the rule, as provided in the memorandum to the Commission from J. Taylor, dated July 10, 1996, to ensure that the rule is not misinterpreted as being in conflict with the Commission's decision in Seabrook that emergency planning is not site disqualifying.

I understand the rationale for moving to the use of TEDE, and approve the selection of 25 rem as appropriate.

However, the staf f should continue to study the use of organ dose weighting factors, as used in part 20, and evaluate, in future rule changes, whether their use may be warranted for greater consistency.

Dose criteria have been placed in Part 50 for future applicants.

This is appropriate.

However, the staff has not addressed this same issue for operating plants.

Staff has been using the part 100 dose criteria as a surrogate for estimating the consequences of design basis accidents.

Also, operating plants are looking at using the new source term insights.

Although it would have been convenient to address these issues at this time, I recognize that this rule is for future use, and any scope changes would cause unnecessary delay.

The staff hould. continue to work on appropriate guidance to accommoaato applications for operating reactors, where appropriate.

Also, see attached edits on FRN pages Document name: g \\chman100.af3

i The revisions associated with the reactor siting criteria in 10 CFR Part l

s 100 and the relocation of the plant design requirements from 10 CFR Part 100 to 10 CFR Part 50 have been evaluated against the current requirements. The Commission has concluded that relocating the requirement for a dose i

calculation to Part 50 and addi more specific site criteria to Part 100 does not decrease the protection of public health and safety over the current regulations.

The amendments d not affect nonradiological plant effluents and have no other environmental impact.

The addition of s100.23 to 10 CFR Part 100, and the addition of Appendix S to 10 CFR Part 50, will not change the radiological environmental impact 4

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offsite. Onsite occupational radiation exposure associated with inspection and maintenance will not change. These activities are principally associated with base line inspections of structures, equipment, and piping, and with i

maintenance of seismic instrumentation. Baseline inspections are needed to differentiate between pre-existing conditions at the nuclear power plant and earthquake related damage. The structures, equipment and piping selected for these inspections are those routinely examined by plant operators during normal plant walkdowns and inspections. Routine maintenance of seismic instrumentation ensures its operability during earthquakes. The location of the seismic instrumentation is similar to that in the existing nuclear power i

plants. The amendments do not affect nonradiological plant effluents and have no other environmental impact.

The environmental assessment and finding of no significant impact on which this determination is based are available for inspection at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.

Single copies of the environmental assessment and finding of no significant impact are available from Mr. Leonard Soffer, Office of the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-1722, or Dr. Andrew J. Murphy, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC j

20555-0001, telephone (301) 415-6010.

j XII. Paperwork Reduction Act Statement This final rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

These requirements were approved by the Office of Management and Budget, i

j approval numbers 3150-0011 and 3150-0093.

i The public reporting burden for this collection of information is estimated to average 800,000 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of 4

information.

Send comments on any aspect of this collection of information, including suggestions for reducing the burden, to the Information and Records Management Branch (T-6 F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by Internet electronic mail to BJS10NRC.G0V; and to the Desk Officer, Office of Information and Regulatory Affairs, NE08-10202, (3150-0011 and 3150-0093), Office of Management and Budget, Washington, DC 20503.

Public Protection Notification 30

or operating license pursuant to Part 50 0 F his chapter on or after [ INSERT EFFECTIVE DATE OF THE FINAL RULE]. Howe 6r, for either an operatirg license applicant or holder whose construct on ermit was issued prior to (INSERT EFFECTIVE DATE OF THE FINAL RULE],

the earthquake engineering criteria in Section VI of Appendix A to 10 CFR Part 100 continues to apply.

I.

Introduction Each applicant for a construction perinit, operating license, design certification, or combined license is required by s50.34(a)(12), (b)(10), and General Design Criterion 2 of Appendix A to this Part to design nuclear power plant structures, systems, and components important to safety to withstand the effects of natural phenomena, such as earthquakes, without loss of capability to perform their safety functions. Also, as specified in s 50.54(ff), nuclear powe' plants that have implemented the earthquake engineering criteria described herein must shut down if the criteria in Paragraph IV(a)(3) of this appendix are exceeded.

Thes'e criteria implement General Design Criterion 2 insofar as it requires structures, systems, and components important to safety to withstand the effects of earthquakes.

II.

Scope The evaluations described in this appendix are within the scope of investigations permitted by.s50.10(c)(1).

III.

Definitions As used in these criteria:

Combined license means a combined construction permit and operating license with conditions for a nuclear power facility issued pursuant to Subpart C of Part 52 of this chapter.

Desian Certification means a Commission approval, issued pursuant to Subpart B of Part 52 of this chapter, < f a standard design for a nuclear power facility. A design so approved may be referred to as a " certified standard design."

The gperatina Basis Earthauake Ground Motion (0BE) is the vibratory ground motion for which those features of the nuclear power plant necessary for continued operation without undue risk to the health and safety of the public will remain functional. The Operating Basis Earthquake Ground Motion is only associated with plant shutdoun and inspection unless specifically selected by the applicant as a design input.

A response spectrum is a plot of the maximum responses (acceleration, velocity, or displacement) of idealized single-degree-of-freedom oscillators as a function of the natural frequencies of the oscillators for a given 37

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damping value. The response spectrum is calculated for a specified vibratory i

motion input at the oscillators' supports.

.The Safe Shutdown Earthouake Ground Motion (SSE) is the vibratory ground motion for which certain structures, systems, and components must be designed i

to remain functional.

I The structures. systems. and components reouired to withstand the i

effects of the Safe Shutdown Earthouake Ground Motion or surface deformation are those necessary to assure:

(1) The integrity of the reactor coolant pressure boundary; (2) The capability to shut down the reactor and maintain it in a safe shutdown condition; or (3) The capability to prevent or mitigate the consequences of accidents that could result in potential offsite exposures comparable to the guideline exposures of s50.34(a)(1) l Surface deformation is distortion of geologic strata at or near the ground surface by the processes of folding or faulting as a result of various earth forces. Tectonic surface deformation is associated with earthquake processes.

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IV. Application To Engineering Design The following are pursuant to the seismic and geologic design basis requirements of s100.23 of this chapter:

1 (a) Vibratory Ground Motion.

(1) Safe Shutdown Earthquake Ground Motion. The Safe Shutdown i

Earthquake Ground Motion must be characterized by free-field ground motion response spectra at the free ground surface.

In view of the limited data j

available on vibratory ground motions of strong earthquakes, it usually will j

be appropriate that the design response spectra be smoothed spectra. The horizontal component of the Safe Shutdown Earthquake Ground Motion in the free-field at the foundation level of the structures must be an appropriate j

response spectrum with a peak ground acceleration of at least 0.1g.

The nuclear power plant must be designed so that, if the Safe Shutdown Earthquake Ground Motion occurs, certain structures, systems, and components i

will remain functional and within applicable stress, strain, and deformation limits. In addition to seismic loads, applicable concurrent normal operating, i

functional, and accident-induced loads must be taken into account in the design of these safety-related structures, systems, and components. The design of the nuclear power plant must also take into account the possible effects of the Safe Shutdown Earthquake Ground Motion on the facility foundations by 4

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ground disruption, such as fissuring, lateral spreads, differential settlement, liquefaction, and landsliding, as required in s100.23 of this j

chapter.

The required safety functions of structures, systems, and components i

must be assured during and after the vibratory ground motion associated with the Safe Shutdown Earthquake Ground Motion through design, testing, or qualification methods.

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f The evaluation must take into account soil-structure interaction effec and the expected duration of vibratory motion. It is permissible to design for strain limits in excess of yield strain in some of these safet Motion and under the postulated concurrent loads, provided the necessary l

i safety functions are maintained.

(2) Operating Basis Earthquake Ground Motion, (i) The Operating Basis Earthquake Ground Motion must be characterized The value of the Operating Basis Earthquake Ground j

by response spectra.

Motion must be set to one of the following choices:

(A) One-third or less of the Safe Shutdown Earthquake Grou l

l design response spectra. Basis Earthquake Ground Motion in Paragraph (a)(2)(i without the applicant performing explicit response or design analyses, or (B) A value greater than one-third of the Safe Shutdown Earthqua

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Ground Mot, ion design response spectra.to demonstrate that the require The Earthquake Ground Motion in Paragraph (a)(2)(1)(B)(I) are satisfied.

l design must take into account soil-structure interaction effects and the j

duration of vibratory ground motion.(I) When subjected to the effects of j

Ground Motion in combination with normal operating loads, all structures, systems, and components of the nuclear power plant necessary for continu i

operation without undue risk to the health and safety of the public must y

remain functional and within applicable stress, strain, and deformation i

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I limits.

If vibratory ground motion exceeding that (3) Required Plant Shutdown.

of the Operating Basis Earthquake Ground Motion or if significant plant damage If systems, occurs, the licensee must shut down the nuclear power plant.

structures, or components necessary for the safe shutdown of the nuclear power plant are not available after the occurrence of the Operating Basis Earth l

Ground Motion, the licensee must consult with the Commission and must propose Prior to a plan for the timely, safe shutdown of the nuclear power plant.

resuming operations, the licensee must demonstrate to the Commission that n functional damage has occurred to those features necessary for continued e4 i

operation without undue risk to the health and safety of the publicy w i

,w, (4) Required Seismic Instrumentation.

provided so that the seismic response of nuclear power plant features important to safety can be evaluated promptly after an earthquake.Th gy_

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(b) Surface Deformation.

q taken into account in the design of the nuclear power l

systems, and. components will remain functional. In addition to surface l

deformation induced loads, the design of safety features must take into acaunt seismic loads and applicable concurrent functional andThe based on its postulated occurrence in any direction and azimuth and under a accident-induced loads.

part of the nuclear power plant, unless evidence indicates this assum i

not appropriate, and must take into account the estimate 6 rate at which 4

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surface deformation may occur.

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i The Safe Shutdown Earthauake Ground Motion is the vibratory ground motion for which certain structures, systems, and components must be designed pursuant to Appendix S to Part 50. of this chapter to remain functional.

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. Surface deformation is distortion of geologic strata at or near the 1

ground surface by the processes of folding or faulting as a result of various earth forces. Tectonic surface deformation is associated with earthquake processes.

Testina reactor means a testina facility as defined in 550.2 of this chapter.

14. Section 100.4 is added to read as follows:

s100.4 Comunications.

Except where otherwise specified in this part, all correspondence, reports, applications, and other written comunications submitted pursuant to 10 CFR Part 100 should be addressed to the U.S. Nuclear Regulatory Comission, ATTN: Document Control Desk, Washington, DC 20555-0001, and copies-sent to the

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appropriate Regional Office and Resident Inspector. Comunications and reports may be delivered in person at the Comission's offices at 2120 L Street, NW., Washington, DC, or at 11555 Rockville Pike, Rockville, Maryland.

15.

Section 100.8 is revised to read as follows:

s 100.8 Information collection requirements: OMB approval.

(a) The Nuclear Regulatory Comission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for appreval as required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). OMB has approved the information collection requirements contained in this part under control number 3150-0093.

(b) The approved information collection requirements contained in this part appear in s100.23 and Appendix A.

i 16.

A heading for Subpart A is added directly before s100.10 to read as c.

j

_ Subpart A-Evaluation Factors for Stationary Power Reactor Site Applications before [ EFFECTIVE DATE OF THIS REGULATION] and for Testing Reactors.

17.

Subpart B (ss100.20 - 100.23) is added to read as follows:

Subpart B - Evaluation Factors for Stationary Power Reactor Site Applications on or After [ EFFECTIVE DATE OF THE FINAL RULE].

5100.20 Factors to be considered when evaluating sites.

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