NRC Generic Letter 1997-04
September 30, 1997
NRC ADMINISTRATIVE LETTER 97-04: NRC STAFF APPROVAL FOR CHANGES TO10 CFR PART 50, APPENDIX H, REACTORVESSEL SURVEILLANCE SPECIMENWITHDRAWAL SCHEDULES
Addressees
All holders of operating licenses for nuclear power reactors except those who havepermanently ceased operations and have certified that fuel has been permanently removedfrom the reactor vessel.
Purpose
The U.S. Nuclear Regulatory Commission (NRC) is issuing this administrative letter to informlicensees that changes to their facilities' reactor vessel surveillance specimen capsulewithdrawal schedules as specified in Appendix H to Part 50 of Title 10 of the Code of FederalRegulations (10 CFR) that do not conform to the required ASTM standard referenced inAppendix H will be treated as license amendments requiring public notice and opportunity fora hearing.BackgroundIn a Memorandum and Order (CLI-96-13) issued in the Perry operating license amendmentproceeding on December 6, 1996, the Commission reversed and vacated the Atomic Safetyand Licensing Board Order, LBP-95-17, which required that all future proposed withdrawalschedule changes be treated as license amendments. The Commission found that while10 CFR Part 50, Appendix H, II.B.3 requires prior NRC approval for all withdrawal schedulechanges, only certain changes require license amendments as the process to be followed forsuch approval. Specifically, those changes that do not conform to the ASTM standardreferenced in Appendix H (ASTM E-185, Standard Practice for Conducting Surveillance Testsfor Light-Water Cooled Nuclear Power Reactor Vessels) will require approval by the licenseamendment process, whereas changes that conform to the ASTM standard require only staffverification of such conformance.DiscussionPlant technical specifications often direct licensees to conduct testing and surveillance ofmaterial specimens according to Appendix H. Appendix H, in tum, requires withdrawalschedules to meet an applicable ASTM standard. In this instance, as long as the plant'swithdrawal schedule change meets the applicable ASTM standard, the plant will not be l~9~92?0 PK W UO q1011r -vW ,
AL 97-04September 30, 1997 exceeding the operating authority already granted in its license. Therefore, a licenseamendment would not be required, although prior NRC approval to verify conformance withthe ASTM standard is required by Appendix H.However, if the plant's withdrawal schedule change does not meet the applicable ASTMstandard, then the change will be treated as a license amendment requiring public notice andopportunity 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 suchsubmittals.
Backfit Discussion
The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to thisadministrative letter. This information is being provided in light of the Memorandum andOrder and does not constitute a backfit in that the substance of the regulations is not beingchanged in any respect by this action, and no substantive regulatory requirements that aredifferent from or greater than those that existed heretofore are being imposed on NRClicensees. This administrative letter does not involve any provisions that would imposebackfits 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 anyquestions about this matter, please contact the lead project manager listed below or yourappropriate Office of Nuclear Reactor Regulation (NRR) project manager.I is:-Roe, Acting Directorof Reactor Program ManagementOffice of Nuclear Reactor RegulationContact: Jon Hopkins, NRR301-415-3027E-mail: jbhl @nrc.gov
Attachment:
List of Recently Issued Administrative Letters VAttachmentAL 97-04September 30, 1997 LIST OF RECENTLY ISSUEDNRC ADMINISTRATIVE LETTERSAdministrative Date ofLetter No. Subject Issuance Issued to97-0397-0297-0196-0596-04Plant Restart DiscussionsFollowing Natural DisastersElimination of NationalExamination Schedule forOperator LicensingState Initiatives toLegalize Schedule 1DrugsCompliance with theRule"Timeliness inDecommissioning ofMaterial Facilities"Efficient Adoption ofImproved Standard Tech-nical SpecificationsCentralization of QualityAssurance Program ReviewResponsibility in theOffice of Nuclear ReactorRegulationAvailability of ReactorVessel Integrity DatabaseLicensee ResponsibilitiesRelated to Financial Quali-fications03/28/9703/06/9701/17/9711/0519610/09/9609/27/9607/10/9606/21/96All holders of OLs or CPsfor nuclear power reactorsAll holders of OLs or CPsfor nuclear power reactorsAll holders of OLs orfor nuclear power reactorsand all licensees authorizedto possess or transportCategory 1 nuclear materialAll material and fuelcycle licenseesAll holders of OLs fornuclear power reactorswho have not convertedto the improved standardtechnical specificationsAll holders of OLs or CPsfor nuclear power reactorsAll holders of OLs or CPsfor nuclear power reactorsAll holders of OLs or CPsfor nuclear power reactors96-0395-03,Rev. 196-02OL = Operating LicenseCP = Construction Permit AL 97-04September 30, 1997 exceeding the operating authority already granted in its license. Therefore, a licenseamendment would not be required, although prior NRC approval to verify conformance withthe ASTM standard is required by Appendix H.However, if the plant's withdrawal schedule change does not meet the applicable ASTMstandard, then the change will be treated as a license amendment requiring public notice andopportunity 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 suchsubmittals.
Backfit Discussion
The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to thisadministrative letter. This information is being provided in light of the Memorandum andOrder and does not constitute a backfit in that the substance of the regulations is not beingchanged in any respect by this action, and no substantive regulatory requirements that aredifferent from or greater than those that existed heretofore are being imposed on NRClicensees. This administrative letter does not involve any provisions that would imposebackfits 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 anyquestions about this matter, please contact the lead project manager listed below or yourappropriate Office of Nuclear Reactor Regulation (NRR) project manager.original signed byJack W. Roe, Acting DirectorDivision of Reactor Program ManagementOffice of Nuclear Reactor RegulationContact: Jon Hopkins, NRR301-415-3027E-mail: jbhl @nrc.gov
Attachment:
List of Recently Issued Administrative LettersDOCUMENT NAME: 97-04.AL *SEE PREVIOUS CONCURRENCESTo 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 INAME 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 1IRDennig* IEJSullivan* JREX ,08/22/97 09/23/97 09/- 197 ---Mrr^nnr rrtenvUrrl-IWAL KLLUKU LUOT AL 97-04September 18, 1997 exceeding the operating authority already granted in its license. Therefore, a licenseamendment would not be required, although prior NRC approval to verify conformance withthe ASTM standard is required by Appendix H.However, if the plant's withdrawal schedule change does not meet the applicable ASTMstandard, then the change will be treated as a license amendment requiring public notice andopportunity 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 suchsubmittals.
Backfit Discussion
The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to thisadministrative letter. This information is being provided in light of the Memorandum andOrder and does not constitute a backfit in that the substance of the regulations is not beingchanged in any respect by this action, and no substantive regulatory requirements that aredifferent from or greater than those that existed heretofore are being imposed on NRClicensees. This administrative letter does not involve any provisions that would imposebackfits 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 anyquestions about this matter, please contact the lead project manager listed below or yourappropriate Office of Nuclear Reactor Regulation (NRR) project manager.Jack W. Roe, Acting DirectorDivision of Reactor Program ManagementOffice of Nuclear Reactor RegulationContact: Jon Hopkins, NRR301-415-3027E-mail: jbhlnrc.gov
Attachment:
List of Recently Issued Administrative LettersDOCUMENT NAME: 97-04.ALTo receive a copy of this document, Indicate In the box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copyOFFICE PD3-3:PM E PD3-3:LA N OGC PD3-3:D PECB IINAME 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:DRPMRDennig* JRoe08/22/97 09/ /97OFFICIAL RECORD COPY AL 97-XXAugust, 1997 exceeding the operating authority already granted in its license. Therefore, a licenseamendment would not be required, although prior NRC approval to verify conformance withthe ASTM standard is required by Appendix H.However, if the plant's withdrawal schedule change does not meet the applicable ASTMstandard, then the change will be treated as a license amendment requiring public notice andopportunity 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 suchsubmittals.
Backfit Discussion
The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to thisadministrative letter. This information is being provided in light of the Memorandum andOrder and does not constitute a backfit in that the substance of the regulations is not beingchanged in any respect by this action, and no substantive regulatory requirements that aredifferent from or greater than those that existed heretofore are being imposed on NRClicensees. This administrative letter does not involve any provisions that would imposebackfits 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 anyquestions about this matter, please contact the lead project manager listed below or yourappropriate Office of Nuclear Reactor Regulation (NRR) project manager.Jack W. Roe, Acting DirectorDivision of Reactor Program ManagementOffice of Nuclear Reactor RegulationContact: Jon Hopkins, NRR301-415-3027E-mail: jbhl@nrc.gov
Attachment:
List of Recently Issued Administrative LettersDOCUMENT NAME: G:\CDP\ADMI.LTRTo receive a copy of this document, Indicate In the box: "C' = Copy without enclosures 'En = Copy with enclosures "N" = No copyOFFICE PD3-3:PM I E PD3-3:LA I N OGC I PD3-3:D l PECB INAME JHopkins* CBoyle* STurk* GMarcus* CPetrone*DATE 08/05/97 08/04/97A 08/07/97 08/19/97 08/21/97 .I* A I rnrnkI I 1111 IkA)L.:rtLLb I lkM)U:UKrm I_kRDennig* mJRoeI08/22/97 108/ /977 7Jo ] q 7 f OFFICIAL RECORD COPY AL 97-XXAugust x, 1997