ML042590067
| ML042590067 | |
| Person / Time | |
|---|---|
| Issue date: | 10/19/2004 |
| From: | Costello F NRC/NRR/DIPM/IROB |
| To: | |
| Tsao J, NRR/DE, 415-2702 | |
| References | |
| TAC MB3846 RIS-04-016 | |
| Download: ML042590067 (6) | |
See also: RIS 2004-16
Text
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR REACTOR REGULATION
WASHINGTON, D.C. 20555-0001
October 19, 2004
NRC REGULATORY ISSUE SUMMARY 2004-16:
USE OF LATER EDITIONS AND ADDENDA
TO ASME CODE SECTION XI
FOR REPAIR/REPLACEMENT ACTIVITIES
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.
INTENT
The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)
to clarify the requirements in Title 10 of the Code of Federal Regulations, Part 50, paragraph
55a(g)(4)(iv) (10 CFR 50.55a(g)(4)(iv)), and the use of American Society of Mechanical
Engineers (ASME) Code Case N-389-1, Alternative Rules for Repairs, Replacements, or
Modifications-Section XI, Division 1, when applying the rules of later editions and addenda of
ASME Code Section XI, Rules for Inservice Inspection of Nuclear Plant Components.
BACKGROUND
Section 50.55a governs the use of codes and standards, including the ASME Boiler and
Pressure Vessel Code (ASME Code). Paragraph 50.55a(g)(4)(iv) provides requirements on the
use of later editions and addenda of the ASME Code for the inservice examination of
components and system pressure tests.
ASME Code Case (Code Case) N-389-1 provides guidance on which editions and addenda of
ASME Code Section XI licensees may use when making a repair, replacement, or modification
to nuclear plant components. Specifically, the Code Case states that licensees may use later
editions and addenda of ASME Code Section XI than those specified in the owners inservice
inspection program, provided that all related requirements are met. The Code Case further
states that the later editions and addenda need to be accepted by the enforcement and
regulatory authorities having jurisdiction at the plant site.
Code Cases provide alternatives to existing ASME Code requirements. Those Code Cases
that the NRC finds acceptable are included in NRCs Regulatory Guide 1.147, Inservice
Inspection Code Case Acceptability, ASME Section XI, Division 1. Regulatory Guide 1.147,
Page 2 of 4
Revision 13, was incorporated by reference into 10 CFR 50.55a, Codes and Standards, by a
final rule (68 FR 40469, July 8, 2003). The NRC approved Code Case N-389-1 in Regulatory
Guide 1.147, Revision 13, with no conditions. The provisions of Code Case N-389-1 have also
been incorporated into Section XI of the ASME Code in the 1995 edition through 1995
addenda. It should be noted that the phrase used in the latest ASME Code Section XI for
repair, replacement, and modification is repair/replacement activities.
SUMMARY OF ISSUE
Questions have arisen regarding the need for licensees to seek prior NRC review and approval
to use the later editions and addenda of the ASME Code Section XI for repair/replacement
activities, in accordance with the requirements of 10 CFR 50.55a(g)(4)(iv). The NRC is aware
that some licensees may have used later editions and addenda of the ASME Code without prior
NRC review and approval. Several licensees have expressed the view that because Code
Case N-389-1 is applicable only to repair/replacement activities and because 10 CFR 50.55a(g)(4)(iv) only addresses inservice examination requirements, the prior NRC approval
requirement of 10 CFR 50.55a(g)(4)(iv) does not apply to the use of Code Case N-389-1.
Other licensees have expressed that there is an apparent conflict between 10 CFR 50.55a(g)(4)(iv) and 10 CFR 50.55a(b)(5) regarding the need for NRC approval when
implementing Code Case N-389-1.
Paragraph 50.55a(b)(2) incorporates by reference those editions and addenda of the ASME
Code Section XI, that the NRC finds acceptable, subject to certain limitations and modifications.
Currently, paragraph 50.55a(b)(2) incorporates by reference the ASME Code Section XI from
the 1970 edition through the 2000 addenda (Division 1).
Paragraph 50.55a(b)(5) incorporates by reference Regulatory Guide 1.147, Revision 13,
including those Code Cases which the NRC finds acceptable. Paragraph 50.55a(b)(5) states
that ...licensees may apply the ASME Boiler and Pressure Vessel Code Cases listed in
Regulatory Guide 1.147 through Revision 13, without prior NRC approval...
Paragraph 50.55a(g)(4) states, in part, that throughout the service life of a nuclear power
facility, components must meet the requirements set forth in Section XI of editions of the ASME
Code and addenda. The repair, replacement, and modification of plant components are not
explicitly mentioned in 10 CFR 50.55a(g)(4) and associated subparagraphs. However, these
activities are specifically mentioned in ASME Code Section XI, Rules for Inservice Inspection of
Nuclear Power Plant Components. The NRC staff considers that these activities are not
separate and distinct from, but are included under, inservice examinations. Therefore, the
requirements of 10 CFR 50.55a(g)(4)(iv) are applicable to repair/replacement activities.
Paragraph 50.55a(g)(4)(iv) states specifically that inservice examination of components and
system pressure tests may meet the requirements set forth in subsequent editions and
addenda of the ASME Code provided that they are incorporated by reference in 10 CFR 50.55a(b), subject to the limitations and modifications listed in 10 CFR 50.55a(b) and subject to
Commission approval. Portions of editions or addendum may be used provided that all related
requirements of the respective editions or addenda are met.
Page 3 of 4
The NRC finds no conflict between the provisions of Code Case N-389-1 and 10 CFR 50.55a(g)(4)(iv) because the Code Case is silent on the issue of prior NRC review and approval
regarding the use of later editions and addenda of the ASME Code for repair/replacement
activities. In addition, the primary purpose of Code Case N-389-1 is the ASME Codes
response to licensees inquiries regarding which editions and addenda of Section XI may be
used as alternatives to those specified in the Owners Inservice Inspection Program.
Moreover, with regard to the differences in requirements between 10 CFR 50.55a(g)(iv) and
10 CFR 50.55a(b)(5), the requirements in 10 CFR 50.55a(b)(5) apply to adopting and codifying
Code Cases, whereas 10 CFR 50.55a(g)(4)(iv) specifies the overall inservice inspection
requirements including requirement for repair/replacement activities. Therefore, the
requirements in 10 CFR 50.55a(b)(5) are subordinated to the requirements in 10 CFR 50.55a(g)(4)(iv). The purpose of the NRC review and approval for the use of later ASME
editions and addenda is to provide and monitor consistency in the use of the appropriate ASME
editions and addenda in repair/replacement activities of nuclear plant components.
On the basis of the above discussion, the NRC concludes that licensees who wish to use
provisions of subsequent editions and addenda of the ASME Code Section XI for activities,
including repair/replacement activities (e.g., Code Case N-389-1), must receive prior NRC
review and approval as required by 10 CFR 50.55a(g)(4)(iv).
BACKFIT DISCUSSION
This RIS requires no action or written response and is, therefore, not a backfit under 10 CFR 50.109. Consequently, the staff did not perform a backfit analysis.
FEDERAL REGISTER NOTIFICATION
A notice of opportunity for public comment on this RIS was not published in the Federal
Register because it is informational and pertains to a staff position that does not depart from
current regulatory requirements and practice.
SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT OF 1996
The NRC has determined that this action is not a new rule and therefore is not subject to the
Small Business Regulatory Enforcement Fairness Act of 1996.
PAPERWORK REDUCTION ACT STATEMENT
This RIS does not contain an information collection request and therefore is not subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Page 4 of 4
CONTACT
Please direct any questions about this matter to the technical contact listed below or to the
appropriate Office of Nuclear Reactor Regulation (NRR) project manager.
/RA/
Francis M. Costello, Acting Chief
Reactor Operations Branch
Division of Inspection Program Management
Office of Nuclear Reactor Regulation
Technical Contact: John Tsao, NRR
301-415-2702
jct@nrc.gov
Attachment: List of Recently Issues NRC Regulatory Issue Summaries
OFFICE EMCB:DE:NRR TECH EDITOR EMCB:DE:NRR C:EMCB:DE:NRR D:DE:NRR
NAME JTsao P. Kleene TChan WBateman RBarrett/
CGrimes for
DATE 08/31/2004 08/30/2004 09/09/2004 09/09/2004 09/10/2004
OFFICE PMAS:NRR OCIO OE OGC (NLO) OGC (SBREFA)
NAME DLMcCain BShelton CNolan RKHoefling SFCrockett
DATE 09/15/2004 09/15/2004 09/15/2004 09/30/2004 10/01/2004
OFFICE CRGR IROB:DIPM:NRR ASC:OES:DIPM:NRR AC:IROB:DIPM:NRR
NAME (informal) CPetrone ACMurtray FMCostello
DATE 09/07/2004 10/03/2004 10/19/2004 10/19/2004
Attachment
Page 1 of 1
LIST OF RECENTLY ISSUED
NRC REGULATORY ISSUE SUMMARIES
_____________________________________________________________________________________
Regulatory Issue Date of
Summary No. Subject Issuance Issued to
_____________________________________________________________________________________
2004-15 Emergency Preparedness Issues: 10/18/2004 All holders of operating licenses
Post 9/11 for nuclear power reactors, except
those who have permanently
ceased operations and have
certified that fuel has been
permanently removed from the
reactor vessel.
2004-14 Focusing Resources in the Office 09/20/2004 All holders of operating licenses
of Nuclear Reactor Regulation as for nuclear power reactors, except
a Result of Review of Security those who have permanently
Plan Changes ceased operations and have
certified that fuel has been
permanently removed from the
reactor vessel.
2004-13 Consideration of Sheltering in 08/02/2004 All holders of operating licenses
Licensees Range of Protective for nuclear power reactors, except
Action Recommendations those who have permanently
ceased operations and have
certified that fuel has been
permanently removed from the
reactor vessel.
2004-12 Clarification on Use of Later 07/28/2004 All holders of operating licenses
Editions and Addenda to the for nuclear power reactors except
ASME OM Code and Section XI those who have permanently
ceased operations and have
certified that fuel has been
permanently removed from the
reactor vessel.
Note: NRC generic communications may be received in electronic format shortly after they are
issued by subscribing to the NRC listserver as follows:
To subscribe send an e-mail to <listproc@nrc.gov >, no subject, and the following
command in the message portion:
subscribe gc-nrr firstname lastname
______________________________________________________________________________________
OL = Operating License
CP = Construction Permit