ML25016A143

02-19-2025 Predecisonal Information to Support - ACRS Public Meeting - Draft Federal Register Notice to Support Ibr of IEEE 603-2018 - Clean

ML25016A143
Person / Time
Issue date:	01/16/2025
From:	Mirela Gavrilas NRC/EDO
To:
References
NRC-2024-0045, 10 CFR Part 50, RIN 3150-AL06
Download: ML25016A143 (24)

Text

This draft Federal Register notice contains the latest draft proposed rule language that the NRC staff has publicly released to support interactions with the Advisory Committee on Reactor Safeguards (ACRS). This version is based on reviews by NRC staff and consideration of stakeholder input. The NRC staff expects to adopt further changes in the draft proposed rule language.

This language has not been subject to complete NRC management or legal review, and its contents should not be interpreted as official agency positions. The NRC staff plans to continue working on the draft proposed rule language provided in this document.

[7590-01-P]

NUCLEAR REGULATORY COMMISSION 10 CFR Part 50

[NRC-2024-0045]

RIN 3150-AL06 Incorporation by Reference of Institute of Electrical and Electronics Engineers Standard 603-2018 AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to incorporate by reference the Institute of Electrical and Electronics Engineers (IEEE) Standard (Std) 603-2018, IEEE Standard Criteria for Safety Systems for Nuclear Power Generating Stations. The IEEE Std 603-2018 is the most recent version of IEEE Std 603 that addresses the power, instrumentation, and control systems for nuclear power reactors. This amendment also incorporates editorial changes that do not change the technical information. The NRC plans to hold a public meeting to promote full understanding of the proposed rule and facilitate public comments.

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DATES: Submit comments by [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date.

ADDRESSES: You may submit comments by any of the following methods; however, the NRC encourages electronic comment submission through the Federal rulemaking website:

Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0045. Address questions about NRC dockets to Helen Chang; telephone: 301-415-3228; email: Helen.Chang@nrc.gov. For technical questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document.

Email comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301-415-1677.

Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301-415-1101.

Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.

Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. eastern time, Federal workdays; telephone:

301-415-1677.

You can read a plain language description of this proposed rule at https://www.regulations.gov/docket/NRC-2024-0045. For additional direction on obtaining information and submitting comments, see Obtaining Information and Submitting Comments in the SUPPLEMENTARY INFORMATION section of this

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document.

FOR FURTHER INFORMATION CONTACT: Denise Edwards, Office of Nuclear Material and Safeguards, telephone: 404-997-4432, email: Denise.Edwards@nrc.gov, and Calvin Cheung, Office of Nuclear Regulation, telephone: 301-415-3813, email:

Calvin.Cheung@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

EXECUTIVE

SUMMARY

A. Need for Regulatory Action The IEEE periodically revises and updates its codes for nuclear power plants by issuing new editions; this proposed rule is in accordance with the NRCs practice to incorporate new editions into the NRCs regulations. This proposed rule allows nuclear power plant applicants to take advantage of the latest IEEE Std, enhancing efficiency for applicants and the NRC without affecting safety. The NRCs use of the IEEE Std is consistent with applicable requirements of the National Technology Transfer and Advancement Act (NTTAA). See also Section XII of this document, Voluntary Consensus Standards.

B. Major Provision The primary effect of this proposed rule is the incorporation by reference of IEEE Std 603-2018 and to provide for its use for nuclear power reactors of all types. This proposed rule also includes a conforming amendment to paragraph (b)(1)(v) of section 50.69, Risk-informed categorization and treatment of structures, systems and components for nuclear power reactors, of title 10 of the Code of Federal Regulations

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(10 CFR), which would extend that provision to allow risk-informed alternatives to Clauses 5.3 and 5.4 of IEEE 603-2018 for certain systems, structure, and components.

C. Costs and Benefits The NRC prepared a draft regulatory analysis to determine the expected costs and benefits of this proposed rule. The regulatory analysis identifies costs and benefits both quantitatively and qualitatively, concluding that the proposed rule would result in net costs to the NRC and industry of approximately $163,000 using a 7 percent discount rate. These costs are entirely from the rulemaking effort itself and would be offset by the averted costs of alternative requests to use IEEE Std 603-2018 if the rule were not issued, such that one alternative request every other year would make the rule cost beneficial as shown in the threshold analysis of the regulatory analysis. The NRC therefore considered this proposed rule cost-justified, and the regulatory analysis also identified qualitative benefits of consistency with the NTTAA, regulatory efficiency, and public confidence.

For more information, please see the draft regulatory analysis.

TABLE OF CONTENTS:

I.

Obtaining Information and Submitting Comments A. Obtaining Information B. Submitting Comments II.

Background

III.

Discussion A. IEEE 603-2018 B. Discussion of Clause 5.16 Regarding CCF and Existing Commission Policy C. Protection Systems and Safety Systems IV.

Specific Request for Comment V.

Section-by-Section Analysis VI.

Regulatory Flexibility Certification VII.

Regulatory Analysis VIII.

Backfitting and Issue Finality IX.

Plain Writing X.

Environmental Assessment and Proposed Finding of No Significant Environmental Impact XI.

Paperwork Reduction Act

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XII.

Voluntary Consensus Standards XIII.

Incorporation by ReferenceReasonable Availability to Interested Parties XIV.

Availability of Guidance XV.

Public Meeting XVI.

Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2024-0045 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods:

Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0045.

NRCs Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to PDR.Resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the Availability of Documents section.

NRCs PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time, Monday through Friday, except Federal holidays.

Technical Library: The Technical Library, which is located at Two White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852, is open by appointment only.

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Interested parties may make appointments to examine documents by contacting the NRC Technical Library by email at Library.Resource@nrc.gov between 8 a.m. and 4 p.m., eastern time, Monday through Friday, except Federal holidays.

B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-2024-0045 in your comment submission.

The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.

If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.

II. Background It has been the NRCs practice to establish requirements for the protection systems and safety systems in nuclear power plants by incorporating by reference certain standards published by the IEEE into 10 CFR 50.55a.

Paragraph 50.55a(h)(2), Protection systems, currently requires that the protection systems in nuclear power plants with construction permits issued after January 1, 1971, but before May 13, 1999, meet the requirements stated in either IEEE

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Std 279, Criteria for Protection Systems for Nuclear Power Generating Stations, or with the requirements in IEEE Std 603-1991, IEEE Criteria for Safety Systems for Nuclear Power Generating Stations, including the correction sheet dated January 30, 1995. For nuclear power plants with construction permits issued before January 1, 1971, 10 CFR 50.55a(h)(2) requires that protection systems must be consistent with their licensing basis or meet the requirements of IEEE Std 603-1991 including the correction sheet dated January 30, 1995.

Paragraph 50.55a(h)(3), Safety systems, currently requires that applications filed on or after May 13, 1999, for construction permits and operating licenses under 10 CFR part 50, as well as standard design approvals, standard design certifications, and combined licenses under 10 CFR part 52, meet the requirements for safety systems stated in IEEE Std 603-1991 including the correction sheet dated January 30, 1995.

The IEEE has superseded the previous standards with IEEE Std 603-2018. This proposed rule would update the NRCs regulations to incorporate by reference and specify the requirements for using this latest version of IEEE Std 603, or earlier versions, on the basis of license date, construction permit date, and type of protection system or safety system modification. This proposed rule would apply to (1) reactor design applications for a license, construction permit, design approval, or design certification, and (2) applications for license amendments for nuclear power plants. The NRC is proposing to make the final rule effective 30 days after its publication in the Federal Register.

This proposed rule would incorporate voluntary consensus standard IEEE Std 603-2018 into the NRCs regulations to establish functional and design requirements for power, instrumentation, and control systems for nuclear power plants. This action would be consistent with the provisions of the NTTAA, which encourage Federal regulatory

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agencies to consider adopting voluntary consensus standards as an alternative to agency development of government-unique standards.

The NRC staff held two public meetings on IEEE Std 2018 before this rulemaking was initiated: one on September 14, 2023, and one on September 19, 2024. The NRC appreciates the feedback received through these public meetings, which contributed the development of this proposed rule.

III. Discussion A. IEEE 603-2018 The NRC proposes to update 10 CFR 50.55a, Codes and standards, to incorporate by reference IEEE Std 603-2018 but not require conformance to IEEE Std 603-2018 Clause 5.16, Common Cause Failure, except that the safety system design and development shall address common-cause failures (CCF) that create a potential to degrade or defeat the safety system function, as described in the first sentence of this clause.

IEEE Std 603-2018 references several industry codes and standards that are not proposed for incorporation by reference in this rulemaking. These referenced standards are not mandatory NRC requirements, and if a referenced standard has been endorsed in a regulatory guide, the standard constitutes a method acceptable to the NRC for meeting a regulatory requirement.

B. Discussion of Clause 5.16 Regarding CCF and Existing Commission Policy IEEE Std 603-2018 includes Clause 5.16, which regards criteria for evaluating the potential for safety system CCF. This clause is not in the currently incorporated by reference version, IEEE Std 603-1991. In the 2018 version, Clause 5.16 applies to any source of vulnerability to CCF.

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The first statement in Clause 5.16 reads: The safety system design and development shall address common-cause failures (CCF) that create a potential to degrade or defeat the safety system function. This statement is consistent with the NRCs position on CCF. Before a nuclear generating station safety system is considered ready for implementation at the facility, developers must demonstrate that vulnerabilities to CCF have been adequately identified and addressed. For example, if an appropriately rigorous safety system analysis reveals that the potential for a CCF of a required safety function exists, it must be addressed.

The remainder of Clause 5.16 describes various methods for addressing CCF.

While these methods may be acceptable to address CCF in appropriate circumstances, the list is not comprehensive and does not include flexibilities the Commission recently directed the staff to incorporate into its licensing reviews. The Commissions policy on addressing CCF is found in SRM-SECY22-0076, Expansion of Current Policy on Potential Common-Cause Failures in Digital Instrumentation and Control Systems, dated August 10, 2022. In its direction to the NRC staff in SRM-SECY22-0076, the Commission approved expanded acceptance of risk-informed approaches in performing the defense-in-depth and diversity assessment and in determining the adequacy of design techniques, prevention measures, and mitigation measures, other than diversity, to address a postulated digital instrumentation and controls (I&C) CCF. The NRC staff guidance for evaluation of defense in depth and diversity to address CCF is found in NUREG-0800, Standard Review Plan, Chapter 7, Branch Technical Position (BTP) 19, Revision 9, Guidance for Evaluation of Defense in Depth and Diversity to Address Common-Cause Failure Due to Latent Design Defects in Digital Instrumentation and Control Systems.

The NRC is not taking a position on the suitability of the methods for addressing CCF described in Clause 5.16. These methods may be appropriate for use by applicants

DRAFT - To Support Interaction with ACRS 10 and would be reviewed by the NRC on a case-by-case basis. The Commission has provided direction to the NRC staff on how to review a wide range of approaches for addressing CCF in SRM-SECY-22-0076, from which the NRC staff developed the review guidance in BTP 7-19, Revision 9. Therefore, while the NRC proposes to update 10 CFR 50.55a to incorporate by reference IEEE Std 603-2018, the NRC is proposing not to require conformance to IEEE St. 603-2018 Clause 5.16, except that the safety system design and development shall address CCF that create a potential to degrade or defeat the safety system function, as described in the first sentence of Clause 5.16.

C. Protection Systems and Safety Systems The NRCs understanding of protection system and safety system as used in 10 CFR 50.55a(h), remains the same as described in the 1999 rulemaking to incorporate IEEE std 603-1991 by reference into 10 CFR 50.55a. (64 FR 17944; April 13, 1999).

Currently, 10 CFR 50.55a(h) specifies that protection systems for plants with construction permits issued after January 1, 1971, must meet the requirements in IEEE Std 279-1971, Criteria for Protection Systems for Nuclear Power Generating Stations, in effect on the formal docket date of the application for a construction permit. IEEE Std 279-1971 states that a protection system encompasses all electric and mechanical devices and circuitry (from sensors to actuation device input terminals) involved in generating those signals associated with the protective function. These signals include those that actuate reactor trip and that, in the event of a serious reactor accident, actuate engineered safety features, such as containment isolation, core spray, safety injection, pressure reduction, and air cleaning. In turn, protective function is defined in IEEE Std 279-1971 as the sensing of one or more variables associated with a particular generating station condition, signal processing, and the initiation and completion of the protective action at values of the variables established in the design bases.

DRAFT - To Support Interaction with ACRS 11 IEEE Std 603-2018 uses the term safety systems rather than protection systems to define its scope. A safety system is defined in IEEE Std 603-2018 as a system that is relied upon to remain functional during and following design basis events to assure one of the following: (a) The integrity of the reactor coolant pressure boundary, (b) the capability to shut down the reactor and maintain it in a safe shutdown condition, or (c) the capability to prevent or mitigate the consequences of accidents that could result in potential offsite exposures comparable to regulatory guidelines. A safety function is defined in IEEE Std 603-2018 as one of the processes or conditions (for example, emergency negative reactivity insertion, post-accident heat removal, emergency core cooling, post-accident radioactivity removal, and containment isolation) essential to maintain plant parameters within acceptable limits established for a design basis event.

The NRC recognizes that protection systems are a subset of safety systems.

Safety system is a broad-based and all-encompassing term, embracing the protection system in addition to other electrical systems. Thus, the term protection system is not synonymous with the term safety system. This proposed rule would not change the scope of the systems covered in the final safety analysis report for currently operating nuclear power plants.

IV. Specific Request for Comment The NRC is seeking advice and recommendations from the public on the proposed rule. The NRC is particularly interested in comments and supporting rationale from the public on the following:

The NRC staff is contemplating whether regulatory guidance is needed to assist stakeholders with identifying acceptable ways of addressing the requirements at 10 CFR 50.55a(h) including IEEE Std 603-2018. The staff would like to understand what aspects

DRAFT - To Support Interaction with ACRS 12 of guidance would be helpful to entities planning to submit future license applications or amendments where the design of a proposed safety system meets the requirements of IEEE Std 603-2018.

V. Section-by-Section Analysis The following paragraphs describe the specific changes proposed by this rulemaking.

Section 50.55a Codes and standards.

This proposed rule would revise paragraphs (a) and (h)(3) to include the IEEE standard 603-2018 and revise introductory text to paragraph (h) and paragraph (h)(2) to align for readability.

Section 50.69 Risk-informed categorization and treatment of structures, systems and components for nuclear power reactors.

This proposed rule would revise paragraph (b)(v) to include the IEEE standard 603-2018.

Appendix E to 10 CFR Part 50Emergency Planning and Preparedness for Production and Utilization Facilities This proposed rule would correct the title, from Protection Systems to Protection and Safety Systems, referenced in footnote 7 to Appendix E.

VI. Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the NRC certifies that this rule, if adopted, will not have a significant economic impact on a

DRAFT - To Support Interaction with ACRS 13 substantial number of small entities. This proposed rule affects only the licensing and operation of nuclear power plants. The companies that own these plants do not fall within the scope of the definition of small entities set forth in the Regulatory Flexibility Act or the size standards established by the NRC (10 CFR 2.810).

VII. Regulatory Analysis The NRC has prepared a draft regulatory analysis on this proposed regulation.

The analysis examines the costs and benefits of the alternatives considered by the NRC.

The NRC requests public comment on the draft regulatory analysis. The regulatory analysis is available as indicated in the Availability of Documents section of this document. Comments on the draft analysis may be submitted to the NRC as indicated under the ADDRESSES caption of this document.

VIII. Backfitting and Issue Finality The NRC's Backfit Rule in 10 CFR50.109 states that the NRC shall require the backfitting of a facility only when it finds the action to be justified under specific standards stated in the rule. Section 50.109(a)(1) defines backfitting as the modification of or addition to systems, structures, components, or design of a facility; the design approval or manufacturing license for a facility; or the procedures or organization required to design, construct, or operate a facility. Any of these modifications or additions may result from a new or amended provision in the NRC's rules or the imposition of a regulatory position interpreting the NRC's rules that is either new or different from a previously applicable NRC position after issuance of the construction permit or the operating license or the design approval.

This rulemaking proposes to incorporate by reference the IEEE 603-2018. This proposed rule would not change requirements for existing licensees or applicants. If

DRAFT - To Support Interaction with ACRS 14 existing licensees or applicants request changes to their power and instrumentation control systems, this proposed rule would allow them to voluntarily comply with IEEE Std 603-218 instead of other requirements. The proposed rule would require applicants and holders of new construction permits, new operating licenses, new final design certifications, and new combined licenses to meet IEEE Std 603-2018 after the effective date of the rule. However, changes in requirements for new applicants or licensees do not constitute backfitting. Therefore, this proposed rule, if finalized, would not constitute backfitting as defined in 10 CFR 50.109(a)(1).

IX. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, Plain Language in Government Writing, published June 10, 1998 (63 FR 31885). The NRC requests comment on this document with respect to the clarity and effectiveness of the language used.

X. Environmental Assessment and Proposed Finding of No Significant Environmental Impact The Commission has determined under the National Environmental Policy Act of 1969, as amended, and the Commissions regulations in Subpart A of 10 CFR Part 51, that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment, and therefore an environmental impact statement is not required.

The proposed rule does not significantly increase the probability or consequences of accidents, no changes are being made in the types of effluents that

DRAFT - To Support Interaction with ACRS 15 may be released off-site, and there is no significant increase in public radiation exposure. This proposed rule does not involve non-radiological plant effluents and has no other environmental impact. Therefore, no significant non-radiological impacts are associated with this proposed action.

The determination of this environmental assessment is that there will be no significant effect on the quality of the human environment from this action. Public stakeholders should note, however, that comments on any aspect of this environmental assessment may be submitted to the NRC as indicated under the ADDRESSES caption.

XI. Paperwork Reduction Act This proposed rule does not contain any new or amended collections of information subject to the Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing collections of information were approved by the Office of Management and Budget, approval number 3150-0264.

Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number.

XII.

Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Pub. L. 104-113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless using such a standard is inconsistent with applicable law or is otherwise impractical. In this proposed rule, the NRC would incorporate the following voluntary consensus standard: IEEE Std 603-2018,

DRAFT - To Support Interaction with ACRS 16 Institute of Electrical and Electronics Engineers, December 7, 2018. The NRC invites comment on the applicability and use of other standards.

XIII. Incorporation by ReferenceReasonable Availability to Interested Parties The NRC proposes to incorporate by reference the IEEE Std 603-2018 Standard for nuclear power plants but not require conformance to IEEE Std 603-2018 Clause 5.16, except that the safety system design and development shall address common-cause failures that create a potential to degrade or defeat the safety system function, as described in the first sentence of the clause. As described in the Background and Discussion sections of this document, the material contains standards for establishing the minimum functional and design criteria for the power, instrumentation, and control portions of safety systems for nuclear power generating stations.

The NRC is required by law to obtain approval for incorporation by reference from the Office of the Federal Register (OFR). The OFRs requirements for incorporation by reference are set forth in 1 CFR part 51. On November 7, 2014, the OFR adopted changes to its regulations governing incorporation by reference (79 FR 66267). The OFR regulations require an agency to include in a proposed rule a discussion of the ways that the material the agency proposes to incorporate by reference are reasonably available to interested parties or how it worked to make the material reasonably available to interested parties. The discussion in this section complies with the requirement for proposed rules as set forth in 10 CFR 51.5(a)(1).

The NRC considers interested parties to include all potential NRC stakeholders and not only the individuals and entities regulated or otherwise subject to the NRC's regulatory oversight. These NRC stakeholders are not a homogenous group but vary with respect to the considerations for determining reasonable availability. Therefore, the NRC distinguishes between different classes of interested parties for the purposes of

DRAFT - To Support Interaction with ACRS 17 determining whether the material is reasonably available. The NRC considers the following to be classes of interested parties in NRC rulemakings with regard to the material to be incorporated by reference:

Individuals and small entities regulated or otherwise subject to the NRC's regulatory oversight (this class also includes applicants and potential applicants for licenses and other NRC regulatory approvals) and who are subject to the material to be incorporated by reference by rulemaking. In this context, small entities has the same meaning as a small entity under 10 CFR 2.810.

Large entities otherwise subject to the NRC's regulatory oversight (this class also includes applicants and potential applicants for licenses and other NRC regulatory approvals) and who are subject to the material to be incorporated by reference by rulemaking. In this context, large entities are those that do not qualify as a small entity under 10 CFR 2.810.

Non-governmental organizations with institutional interests in the matters regulated by the NRC.

Other Federal agencies, States, local governmental bodies (within the meaning of 10 CFR 2.315(c)).

Federally-recognized and State-recognized1 Indian Tribes.

Members of the public (i.e., individual, unaffiliated members of the public who are not regulated or otherwise subject to the NRC's regulatory oversight) who may wish to gain access to the material that the NRC proposes to incorporate by reference by rulemaking in order to participate in the rulemaking process.

1 State-recognized Indian Tribes are not within the scope of 10 CFR 2.351(c). However, for purposes of the NRCs compliance with 1 CFR 51.5, interested parties includes a broad set of stakeholders, including State-recognized Indian Tribes.

DRAFT - To Support Interaction with ACRS 18 The IEEE 603-2018 Standard may be viewed, by appointment, at the Technical Library, which is located at Two White Flint, 11545 Rockville Pike, Rockville, Maryland 20852. You may submit your request to the Technical Library via email at Library.Resource@nrc.gov between 8:00 a.m. and 4:00 p.m. eastern time, Monday through Friday, except Federal holidays. In addition, as described in Section XVI of this document, documents related to this proposed rule are available online in the NRC's ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html.

Interested parties may purchase a copy of the IEEE material at the IEEE Standards Association website https://standards.ieee.org/. The material also is accessible through third-party subscription services such as https://store.accuristech.com/publishers/ieee) and Thomson Reuters Techstreet (3025 Boardwalk Drive, Suite 200, Ann Arbor, MI 48108; https://store.accuristech.com/). The purchase price for the individual standard is $66.

The material is available to all interested parties in multiple ways and in a manner consistent with their interest in this proposed rule. Therefore, the NRC concludes that the material the NRC proposes to incorporate by reference in this proposed rule is reasonably available to all interested parties.

XIV. Availability of Guidance The NRC will not be issuing regulatory guidance for this rulemaking. Based on the incorporation by reference of the standard with only a single, very limited condition, as explained in the Discussion section, the NRC considers that incorporation by reference of the 2018 version of the IEEE 603 standard does not warrant the need for regulatory guidance. Nonetheless, the NRC is seeking stakeholder feedback regarding the need for regulatory guidance as discussed in the Specific Request for Comment section.

DRAFT - To Support Interaction with ACRS 19 XV. Public Meeting The NRC will conduct a public meeting on the proposed rule for the purpose of describing the incorporation by reference of the 2018 version of the IEEE 603 standard.

The NRC staff will be available to answer questions from the public regarding this proposed rule.

The NRC will publish a notice of the location, time, and agenda of the meeting in the Federal Register, on Regulations.gov, and on the NRCs public meeting website within at least 10 calendar days before the meeting. Stakeholders should monitor the NRCs public meeting website for information about the public meeting at:

https://www.nrc.gov/public-involve/public-meetings/index.cfm.

XVI. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated.

DOCUMENT ADAMS ACCESSION NO. / WEB LINK / FEDERAL REGISTER CITATION Proposed RuleRegulatory Analysis for Incorporation by Reference of Institute of Electrical Engineers Standard 603-2018,

[DATE]

ML24353A321 Proposed RuleUnofficial Redline Strikeout of the NRC's Proposed Rule: Incorporation by Reference of Institute of Electrical Engineers Standard 603-2018, [DATE]

ML24353A323 NUREG-0800, Standard Review Plan, Chapter 7, Branch Technical Position (BTP) 19, Revision 9, Guidance for Evaluation of Defense in Depth and Diversity to Address Common-Cause Failure Due to Latent Design Defects in Digital Instrumentation and Control Systems, May 2024 ML24005A077 BTP, ML24005A119 package

DRAFT - To Support Interaction with ACRS 20 Public Meeting SummarySummary of September 19, 2024, Public Meeting to Discuss Proposed Path Forward for Industry's Use of Institute of Electrical and Electronics Engineers Standard (IEEE) 603-2018, Criteria for Safety Systems, October 17, 2024 ML24289A230 summary, ML24289A210 package Public Meeting PresentationProposed Path Forward for Industrys Use of Institute of Electrical and Electronics Engineers Standard (IEEE) 603-2018, Criteria for Safety Systems, September 19, 2024 ML24262A141 Letter from Nuclear Energy Institute (NEI),

Recommendations for IEEE 603-2018, IEEE Standard Criteria for Safety Systems for Nuclear Power Generating Stations, Path Forward, November 3, 2023 ML23307A127 Public Meeting PresentationProposed Path Forward for Industrys Use of Institute of Electrical and Electronics Engineers Standard (IEEE) 603-2018, Criteria for Safety System, September 14, 2023 ML23240A399 SECY-22-0076, Expansion of Current Policy on Potential Common-Cause Failures in Digital Instrumentation and Control Systems, August 10, 2022 ML22164B003 Final RuleCodes and Standards: IEEE National Consensus Standard, April 13, 1999 64 FR 17944 Institute of Electrical and Electronics Engineers (IEEE) Standards Association https://standards.ieee.org/

Accuris Standards Store (Formerly IHS) https://store.accuristech.com/publish ers/ieee Final RuleIncorporation by Reference, November 7, 2014 79 FR 66267 Plain Language in Government Writing, June 10, 1998 63 FR 31885 The NRC may post materials related to this document, including public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2024-0045. In addition, the Federal rulemaking website allows members of the public to receive alerts when changes or additions occur in a docket folder. To

DRAFT - To Support Interaction with ACRS 21 subscribe: 1) navigate to the docket folder (NRC-2024-0045); 2) click the Subscribe link; and 3) enter an email address and click on the Subscribe link.

List of Subjects in 10 CFR Part 50 Administrative practice and procedure, Antitrust, Backfitting, Classified information, Criminal penalties, Education, Emergency planning, Fire prevention, Fire protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors, Penalties, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements, Whistleblowing.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is proposing to amend 10 CFR Part 50.

PART 50DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

1.

The authority citation for part 50 continues to read as follows:

Authority: Atomic Energy Act of 1954, secs. 11, 101, 102, 103, 104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186, 187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135, 2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236, 2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste Policy Act of 1982, sec. 306 (42 U.S.C. 10226); National Environmental Policy Act of 1969 (42 U.S.C.

4332); 44 U.S.C. 3504 note; Sec. 109, Pub. L.96-295, 94 Stat. 783.

2. In §50.55a:

a. In paragraph (a)(2), add paragraph (v);

b. Revise introductory text to paragraph (h) and paragraph (h)(2);

The revision and addition read as follows:

DRAFT - To Support Interaction with ACRS 22

§50.55a Codes and standards.

(v) IEEE standard 603-2018. (IEEE Std 603-2018), Standard Criteria for Safety Systems for Nuclear Power Generating Stations (Approval date: September 27, 2018),

referenced in paragraphs (h)(2) and (h)(3). All other standards that are referenced in IEEE Std 603-2018 are not approved for incorporation by reference.

(h) Protection and safety systems. Protection and safety systems of nuclear power reactors of all types must meet the requirements specified in this paragraph. Each combined license for a utilization facility is subject to the following conditions.* * *

(2) * * *

(i) For nuclear power plants with construction permits issued after January 1, 1971, but before May 13, 1999, protection systems must meet the requirements in IEEE Std 279-1968, Proposed IEEE Criteria for Nuclear Power Plant Protection Systems, or the requirements in IEEE Std 279-1971, Criteria for Protection Systems for Nuclear Power Generating Stations, or the requirements in IEEE Std 603-1991, Criteria for Safety Systems for Nuclear Power Generating Stations, and the correction sheet dated January 30, 1995, or the requirements in IEEE Std 603-2018, Criteria for Safety Systems for Nuclear Power Generating Stations.

(ii) For nuclear power plants with construction permits issued before January 1, 1971, protection systems must be consistent with their licensing basis or may meet the requirements of IEEE Std 603-1991 and the correction sheet dated January 30, 1995, or the requirements in IEEE Std 603-2018, dated September 27, 2018.

(3) Safety systems.

(i) Applications filed on or after May 13, 1999, but before [DATE 30 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], for

DRAFT - To Support Interaction with ACRS 23 construction permits and operating licenses under this part, and for design approvals, design certifications, and combined licenses under part 52 of this chapter, must meet the requirements for safety systems in IEEE Std 603-1991 and the correction sheet dated January 30, 1995, or the requirements in IEEE Std 603-2018. Clause 5.16, Common Cause Failure, is not required except that the safety system design and development shall address common-cause failures that create a potential to degrade or defeat the safety system function, as described in the first sentence of the clause.

(ii) Applications filed on or after [DATE 30 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], for construction permits and operating licenses under this part, and for design approvals, design certifications, and combined licenses under part 52 of this chapter, must meet the requirements for safety systems in IEEE Std 603-2018, dated September 27, 2018. Clause 5.16, Common Cause Failure, is not required except that the safety system design and development shall address common-cause failures that create a potential to degrade or defeat the safety system function, as described in the first sentence of the clause.

3. In §50.69, revise paragraph (b)(1)(v) to read as follows:

§ 50.69 Risk-informed categorization and treatment of structures, systems and components for nuclear power reactors.

(b) * * *

(1) * * *

(v) The inservice testing requirements in 10 CFR 50.55a(f); the inservice inspection, and repair and replacement (with the exception of fracture toughness), requirements for ASME Class 2 and Class 3 SSCs in 10 CFR 50.55a(g); and the electrical component quality and qualification requirements in Section 4.3 and 4.4 of IEEE 279, Clauses 5.3

DRAFT - To Support Interaction with ACRS 24 and 5.4 of IEEE 603-1991, and Clauses 5.3 and 5.4 of IEEE 603-2018 as incorporated by reference in 10 CFR 50.55a(h).

Appendix E to 10 CFR Part 50 [Amended]

4. In Appendix E to 10 CFR Part 50, amend footnote 7 in Appendix E by removing 10 CFR 50.55a(h) Protection Systems and adding in its place 10 CFR 50.55a(h), Protection and Safety Systems.

Dated: <Month XX, 20XX>.

For the Nuclear Regulatory Commission.

Mirela Gavrilas, Executive Director for Operations.