ML20199B524

Informs That NRC Has Sent Encl Amend to Commission Rules in 10CFR50.55a(h) to Fr for Publication.Rule Will Be Amended to Incorporate by Ref IEEE Std 603-1991

ML20199B524
Person / Time
Issue date:	10/14/1997
From:	Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Inhofe J, Schaefer D HOUSE OF REP., SENATE, ENVIRONMENT & PUBLIC WORKS
References
CCS, NUDOCS 9711190017
Download: ML20199B524 (2)

Text

• b g k UNITED STATES

, s* NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. E'ae6 4001 49 s ... October 14, 1997 The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The NRC has sent to the Office of the Federal Register for publication the enclosed amendment to the Commission's rules in 10 CFR Part 50.55a (h). This rule will be amended to incorporate

. by reference Institute of Electrical & Electronics Engineers (IEEE) Std. 603-1991, a national consensus standard for power, instrumentation, and control portions of safety systems in nuclear power plants. This action is necessary to endorse the latest version of this national consensus standerd a the NRC's regulations, and replace an IEEE standard currently endorsed in the NRC's regulations which has been withdrawn by the IEEE.

The Commission is issuing this direct final rule with an effective date 75 days after publication in the Federal Register unless significantly adverse comments are received.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated cc: Senator Bob Grahm i

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1 The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representa..*ves Washington, DC 20515

Dear Mr. Chairman:

The NRC has sent to the Office of the Federal Register for publication the enclosed amendment to the Commission's rules in 10 CFR Part 50.55a (h). This rule will be amended to incorporate by reference Institute of Electrical & Electronics Engineers (IEEE) Std. 603-1991, a national consensus standard for power, instrumentation, and control portions of safety systems in nuclear power plants. This action is necessary to endorse the latest version of this national consensus standard in the NRC's regulations, and replace an IEEE standard currently endorsed in the NRC's regulations which has been withdrawn by the IEEE.

The Commission is issuing this direct final rule with an effective date 75 days after publication in the Federal Register unless significantly adverse comments are received.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated cc: Representative Ralph Hall

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NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 RIN 3150-AF73 Codes and Standards;IEEE National Consensus Standard AGENCY- Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY

The Nuclear Regulatory Commission is amending its regulations to incorporate l

by reference IEEE Std. 603-1991, a national consensus standard for power, instrumentation, and control portions of safety systems in nuclear power plants. This action is necessary to l

endorse the latest version of this national consensus standard in NRC's regulations, and j

replace an IEEE standard o irrently endorsed in the NRC's regulations which has been l

!. withdrawn by the IEEE.

i EFFECTIVE DATE: The final rule is effective on January 1,1998, unless significant adverse l

comments are received by December 1,1997. If the effective date is delayed, timely notice will be pubiished in the Federal Register. The incorporation by reference of IEEE Std. 603-1991 is l

l approved by the Director of the Federal Register as of January 1,1998.

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. . 2 ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Reguistory Commission, ,

Washington, DC 20555-0001; Attontion: Rulemakings and Adjudications Staff. Hand deliver ,

comments to 11555 Rockville Pike, Rockvillo, Maryland, between 7:30 a.m. and 4:15 p.m. on Federalworkdays.

FOR FURTHER INFORMATION CONTACT: Satish K. Aegarwal, Senior Program Manager, Omos of Nucisar Regulatcry Research, U.S. Nuclear Regulatory Commission, Washington, DC 205!5, Telephone (301) 415-6005, Fax (301) 415 5074 (e-mail: SKA@NRC. GOV).

SUPPLEMENTARY INFORMATION:

NRC c>nsiders th!s rulemaking, which endorses lEEE Std. 6031991, to be noncontroversial because, an '.oted in the background o'iscussion, there was no adverse public comment on the regulatory guido endorsing this standard. Accordingly, the Commission finds that public notice and opportunity for comment are unnecessary. pursuant to 5 U.S.C. 553(b)(B). Thus, the Commission is publishing this rule in final form without seeking put,lic comments un the amendment in a proposed rule This action will become effective on January 1,1998. However, if the NRC receives significant adverse comments by December 1, 1997, then the NRC will publish a document that withdraw this action, and will address the commer;ts received in response to an identical proposed rule which is being concurrently published in the proposed rules section of this Federal R.sgistet. Anv significant adverse comments will be addressed in a subuquent Anal rule. The NRC will not initiate a second comment period on this action in the event the direct final rule is withdrawn.

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Background

in 10 CFR Part 50, ' Domestic Lloonsing of Produdion and Utilization Facilities,'

5 50.55a requires that the protection systems in nuclear power plants meet the requirements act forth in IEEE Std. 279, *Crtteria for Protodion Systems for Nucient Power Generating Stations,' in effect on the formal docket date of the appilostion. it;;=r, IEEE Std. 279 is obsolete, has been withdrawn by lEEE and has now been superseded by lEEE Std. 603-1991,

'CrMeria for Safety Systems for Nuclear Power Generating Stations.'

in November 1995, the NRC staff issued for public comment a draft regulatory guide, DG 1042, which was proposed Revision 1 to Regulatory Guide 1.153, "CrNeria for Safety Systems.' This draft regulatory guide proposed to endorse IEEE Std. 6031991 (including the correction sheet dated January 30,1995). Decause there were no adverse public comments to ,

Revision 1 to Regulatory Guide 1.153, the Commission believes that there is general public consensus that IEEE Std. 6031991 provides acceptable criteria for safety systems in nuclear power plants. .

4 Discussion The direct final rule incorporates a national consensus standard, IEEE Std. 603-1991, for establishing minimal functional and design requirements for power, instrumentst'an, and control portions of safety systams for nuclear pomr plants into NRC regulations. This action is consistent with the provisions of the National Technology Transfer and Advancemer't Act of 1995. Pub. L 104-113, which encourages Federal regulatory agencies to consider adopting industry consensus standards as an attomative to de r'ovo agency development of standards

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effecting an industry. This action is also cornistent with the NRC policy of evaluating the latest ,

i wwsions of national consensus standards in tems of their suitability for endorsement by reputations w regulatory guides. ,

Currently,10 CFR 50.55 a (h) spoolfios that *protodion systems' for plants with [

construction perm:ts issued after January 1,1971, must meet the requirements in IEEE Std. 279 in effect on the fonnel docitet date of the application for a construction permit. lEEE Std.

279, states that a *protodion system

• encompasses all electric and mechanical devices and circuitry (from sensors to actuation devios input terminals) involved in generating those signals esbociated with the protective function. These signals include those that aduate reactor trip and that, in the event of a serious reactor accident, aduate engineered safeguards such as i containment isolation, core spray, safety irjection, pressure reduction, and air cleaning.

• Protective Function

• is defined by lEEE Std. 279, as

• the sensing of one or more variables associated with a particular generating station condition, signal processing, and the initiation and completion of the protec'Ive action at values of the variables established in the design bases.' .

IEFC 8td. 6031991, uses the term " safety systems" rather than " protection systems." A

• safety system

• is defir'ed by IEEE Std. 603-1991, as 'a system that is relied upon to remain functional during and following design basis events to ensure: (l) the integrity of the reactor coolant pressure boundary, (ii) the capability to shut down the reactor and maintain it in a safe shut down condition, or (iii) the capability to prevent or mitigate the consequences of accidents that could rer; ult in potential off site exposures comparable to the 10 CFR Part 100 guidelines.

A

• safety function

• is defined by lEEE Std. 6031991, as 'one of the processes or conditions

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. 5 (for example, emergency neDative reactivity insertion, post ecoldent host removal, emergency core cuoling, post-scoldent radiondivity removal, and containment isolation) essential to maintain plent parameters within acceptable limits established for a design basis event.'

The Commission considers that the systems covered by IEEE Std. 0031991 and IEEE Std. 27te 1971 are the same. Therefors, for purposes of paragraph (h) of 10 CFR 50.55e,

• protection systems,' and safety systems' are synonymous. The Commission notes that these two terms are also synonymous with the term *asfoty folated systems, used elsewhere in Commission's regu!stions. Therefore, licensees are expec'ad to apply lEEE Std. 279 1971 end IEEE Std. 6031991, as appropriate, to ' safety-trilated systems.'

This rule mandates the use of IEEE Std.- 6031991 (including the correction sheet dated Anuary 30,1995) for future nuclear power plants, including final design approvals, design certEcstions and combined licenses under 10 CFR Part 52. Current licensees may continue to most the requirements set forth in the edition or revision o(IEEE Std. 279 in effect on the formal date of their application for a construction permit or may, at their option, use IEEE Std. 603-1991, provided they comply with all applicable requirements for making changes to their licensing basis. However, changes to protection systems in operating nuclear power plants initiated on or after January 1,1998 must meet the tsauirements in IEEE Std. 603-1991. For purposes of this rule, ' changes' to protection systems include (i) modmcations, augmentation or replacement of protection systems permitted by license amendments, (ii) changes made by the hoensees pursuant to procedures in 10 CFR 50.59, and (iii) plant specific departures from a design certEcstion rule under 10 CFR Part 52. in-kind (like for-like) replacement of protection system components are not considered changes to the protection systems.

Section 3 of IEEE Std. 6031991 references severalindustry codes and stand:'ds. If the referenced standard has been endorsed in a regulatory guide, the standatd constitutes a

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method seceptable to the ComrMon of meeting a regulatory requirement as described in the regulatory guide, if a referenced standard has not boon endorsed in a regulatory guide, the lioeneses and applicants may consider and use the information in the referonood standard consistent whh current regulatory practices.

Electronic Access You may elso provide comments via the NRC's interactive rulemaking website through the NRC home page (http://www.nre gov). This site provides the availability to upload comments as files (any format), if your web browser supports that function. For information about the interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415 5905 (e-mail:

CAG@nre gov).

Finding of No Environmenta! Impact: Availability of Environmental Assessment The Commission has determined under the National Er.vironmental Policy Act of 1969, as amended, and the Commission's regulations in Subpart A of 10 CFR Part 51, that this rule would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environment impact statement is not required. The Commission has prepared an Environmental Assessment supporting this finding of no significant environmental impact.

The NRC has sent a copy of the environmental assessment and a copy of the Federal

Register Notice to every State liaison officer and requested their comments on the

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environmental assessment. The environmental assessment is available for inspection at the NRC Public Document Room,2120 L Street NW., Washington, DC. Also, the NRC has committed itself to complying in all its actions with the Presidentia* Executive Order # 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations, dated February 11,1994. Therefore, the NRC also has determined ths' there are no disproportionate, h!gh, and adverse impacts on minority and low-income populations. The NRC usos the following working definition of environmentaljustice: errvirorimentaljustice means the fair treatment and meaningfulinvolvement of all people, regardless of race, ethnicity, culture, income, or educational level with respect to the development, implementation, and enforcement of environmentallaws, regulations and policies.

Papenvork Reduction Act Statement This final rule does not contain a new or amended information collection requirement 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 No. 3150-0011.

Public Protection Notification if a document used to impose an information collection does not display a cunently valic:

OMB control number, the NRC may not conduct cr spontor, and a person is not required to respond to, an information collection.

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Regulatory W The Commission has prepared a regulatory analysis which shows that the proposed amendment does not impose any new requirements or costs on.ourrent liconeses who do not make changes to safety systems. However, licensees planning or proposing changes to power  :,

and instrumentation & control systems will be impacted because they will be required to meet the requirements of IEEE Std. 6031991 for tho changes even though the remainder of the plant power and l&C systems are only required to meet their current licensing basis. The draft  !

reguistory analysis is available for inspection in the NRC Public Document Room,2120 L Street, NW., Washington, D.C.

l Regulatory Flexibility Certification i

As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the Commission i

4 certifies that this rule will not have a significant economic impact on small entities. This rule I affects only the operation of nuclear power plants. The companies that own these plants do not 4

fall within the scope of the definition of 'email entities

• set forth in the Regia' .

.ilexibility Act or the small business size standards adopted by the NRC (10 CFR 2.810). Since these companies are dominant in their service areas, this rule does not fall within the purview of the l Act.

Backflt Analysis l The rule requires applicants and holders of new construction permits, new operating e-- p w g a , s ,. , n-e,es n -e -- e sr------s>,, , - - --wne-~w - , .---,e.,- -,.,-,-w == w- - - - ~ .~,-- - - , -,

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- licenses, new final design approvals, new design certifloations and combined licenses to comply i

with IEEE 8td. 603-1991 (including the corredion sheet dated January 30,1995). Changes to pretodion systems in existing operating plants initiated on or after January 1,1998 must meet i

i the requirements of IEEE Std. 603-1991. IEEE Std. 279 will continue to apply to existing nuclear power plants t%t do not make any changes to their protection systems, but the rule perraits the licensee the option of meeting IEEE 8td. 6031991.

The backfit rule was not intended to apply to regulatory actiors which change l oxpedstions of prospective applicants, enJ therefore the backfit rule does not apply to the portion of the rule applicable to new construction permits, new operating licenses, new final 1

design approvals, new design certifications and combined licenses. This rule does not change l l

the licensing basis (i.e., IEEE Std. 279) for plants that tb not intend to make any changes to their power and inetrumentation and control systems. Hmover, the rule would require futura l l

changes to existing power and instrumentation and control portions of protection systems to comply with the new s'.andard. This would not be considered a backfit, since the changes are voluntarily initiated by the licensee, or separately imposed by the NRC after a separate backfit l analysis. This is consistent with past NRC practice and the discussions on backfitting in "Value-Imped Statement" prepared for Revision 1 to Regulatory Guide 1.153. A copy of the Value-Imped Statement is available for inspection or copying for a fee in the Commission's Public Document Room at 2120 L Street NW., Washington, DC, under Task DG 1042.

In summary, the NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this direct final rule because it does not impose any backfits as defined in 10 CFR 50.109(a)(1) and, therefore, a backftt analysis has not been prepared for this direct final rule.

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Small Business Ro9u' story En*orcement Faimess Ad l l

in accordance with the Small Business Ro9ulatory Enforcement Feimess, Act of 1996, the NRC has determined that this action is not a mejor rule and has vert 6ed this determination  !

with the Of60s of information and Ro9ulatory Affairs of OMS.

List of Sebjects in 10 CFR Part 50 t

l Antitrust, Classified Information, Criminal penalties, Fire protection, incorporation by i reference, intergovemmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, and Reporting and recordkeeping requirements.

• For the reasons set out in the preamble and under the authority of the Atomic Energy l Act of 1954, as amended, the Energy Reorganizations Act of 1974, as amended, and 5 U.S.C.

552 and 553, the NRC is adopting the following amendmc.it to 10 CFR Part 50.

Part 50 Domestic Lloonsing of Production and Utilization Facilities l

1. The authority citation for Part 50 continues to read as follows:

AUTHORITY: Secs. 102,103,104,105,161,182,183,186,189,68 Stat. 936,937, 938,948,953,954,955,956, as amended, sec. 234,83 Stat.1244, as amended (42 U.S.C. .

2132,2133,2134,2135,2201,2232,2233,2236,2739,2282); secs. 201, as amended,202, f

- 206, 88 Stat.1242, as amended,1244,1246 (42 U.F C 5841,5642,5846).

Section 50.7 also issued under Pub. L.95-601, sec,10,92 Stat. 2951 (42 U.S.C.

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. 5851). Section 50.10 also 'ssued under secs. 101,185,68 Stat. 955 as amended (42 U.S.C.

2131,2235), sec.102, Pub. L 91 190,83 Stat. 853 (42 U.S.C. 4332). Semions 50.13, and 50.54 (dd), and 50.103 also issued under sec.108,68 Stat. 939, as amended (42 U.S.C.

2138), Sections 50.23,50.35, 50.55, and 50.56 also issued under sec.185,68 Stat. 955 (42 U.S.C. 2235), Sections 50.33a,50.55a and Appendix Q also issued under nec.102, Pub. L 61 190,83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat.1245 (42 U.S.C. 5844). Sedions 50.58,50.91, and 50.92 also issued under Pub. L.97-415,98 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec.122,68 Stat.  !

939 (42 U.S.C. 2152). Sections 50.80 50.81 also issued under sec.184,68 Stat. 954,  ;

as amended (42 U.S.C. 2234). Appendix F also issued under sec.187,68 Stat. 955 (42 i

U.S.C. 2237).

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2. In $ 50.55a, paragraph (h) is revised to read as follows:

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$ 50.55a Codes and standards.

l (h) Protection ant' Safety Systems. (1) IEEE Std. 603-1991 and the correction sheet dated January 30,1995, which are referenosd in paragraph (h)(3) and (h)(4), are approved for incorporation by reference by the Director of the Federal Re9i ster in accordance with 5 U.S.C.

552(a) and 1 CFR Part 51. A notice of any chan9es made to the materialincorporated by reference will be published in the Federal Register. Copies of IEEE Std. 6031991 may t:e purchased from the Institute of Electrical and Electronics Engineers Service Center,445 Hoes Lane, Piscataway, NJ 08855. H is also available for inspection at the NRC Library,11545 l

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12 Rocksllle Pike, Rockvale, MD 20802 2738, and at the Office of the Fedotal Register,800 North Capital Street, SV, Sune 700, Washington, DC. IEEE Std. 279, which is referenced in paragraph (h)(2) of this section was approved for incorporation by reference by the Dredor of the Federal Register in socordance with 5 U.S.C. 562(a) and 1 CFR Part 51. Copies of this standard are also available as indicated for IEEE Std. 003 1991.

(2) Definitions.

(1) For purposes of this paragraph the terms 'protodion systems,'

• safety systems,' ,

and ' safety-related systems' are synonymous.

(ii) Changes to protodion systems include modification, augmentation or replacement of protodion systems permitted by licones amendments, changes to protection systems made I

by licensees pursuant to 10 CFR 50.59, and plant specific departures from a design certification rutz under 10 CFR Part 52.

(3) Protection systems. For nuclear power plants with construction purmits issued after I January 1,1971, but prior to January 1,1998, protection systems must meet the requirements 4

set forth either in the Institute of Electrical and Electronios Engineers (IEEE) Std. 279, 'Crtteria for Protodion Systems for Nuclear Power Generating Stations,' or in IEEE Std. 603 1991,

• Criteria for Safety Systems for Nuclear Power Generating Stations,' and the correction sheet ,

o dated January 30,1995. However, changes to protodion systems initiated on or after January l

1,1998 must meet the requirements set forth in IEEE Std. 6031991, and the correction sheet dated January 30,1995, 3

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13 (4) Safety systems. For construction permits, operating hoonses, Anal design approvals, design certWications and combined licenses issued on or after January 1,1998, safety systems must meet the requirements set forth in IEEE Std. 603 1991, and the correction sheet, dated January 30,1995.

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Deted at Rockville, M.aryland, this day of Odober,1997.

For the Nuclear Regulatory Commission.

1 b

Jo . Hoyle, /

S4 tary of the Commission, l

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