[Federal Register Volume 62, Number 201 (Friday, October 17, 1997)]
[Rules and Regulations]
[Pages 53932-53935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27421]


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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 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 endorse 
the latest version of this national consensus standard in NRC's 
regulations, and replace an IEEE standard currently endorsed in the 
NRC's regulations which has been withdrawn by the IEEE.

EFFECTIVE DATE: The final rule is effective on January 1, 1998, unless 
significant adverse comments are received by December 1, 1997. If the 
effective date is delayed, timely notice will be published in the 
Federal Register. The incorporation by reference of IEEE Std. 603-1991 
is approved by the Director of the Federal Register as of January 1, 
1998.

ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; Attention: Rulemakings and 
Adjudications Staff. Hand deliver comments to 11555 Rockville Pike, 
Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. on Federal 
workdays.

FOR FURTHER INFORMATION CONTACT: Satish K. Aggarwal, Senior Program 
Manager, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, Telephone (301) 415-6005, Fax (301) 
415-5074 (e-mail: [email protected]).

SUPPLEMENTARY INFORMATION: NRC considers this rulemaking, which 
endorses IEEE Std. 603-1991, to be noncontroversial because, as noted 
in the background discussion, there was no adverse public comment on 
the regulatory guide 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 public comments on 
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 
withdraws this action, and will address the comments received in 
response to an identical proposed rule which is being concurrently 
published in the proposed rules section of this Federal Register. Any 
significant adverse comments will be addressed in a subsequent final 
rule. The NRC will not initiate a second comment period on this action 
in the event the direct final rule is withdrawn.

Background

    In 10 CFR part 50, ``Domestic Licensing of Production and 
Utilization Facilities,'' Sec. 50.55a requires that the protection 
systems in nuclear power plants meet the requirements set forth in IEEE 
Std. 279, ``Criteria for Protection Systems for Nuclear Power 
Generating Stations,'' in effect on the formal docket date of the 
application. However, IEEE Std. 279 is obsolete, has been withdrawn by 
IEEE and has now been superseded by IEEE Std. 603-1991, ``Criteria 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, ``Criteria for Safety Systems.'' This draft regulatory 
guide proposed to endorse IEEE Std. 603-1991

[[Page 53933]]

(including the correction sheet dated January 30, 1995). Because 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. 603-1991 provides acceptable criteria for safety systems 
in nuclear power plants.

Discussion

    The direct final rule incorporates a national consensus standard, 
IEEE Std. 603-1991, for establishing minimal functional and design 
requirements for power, instrumentation, and control portions of safety 
systems for nuclear power plants into NRC regulations. This action is 
consistent with the provisions of the National Technology Transfer and 
Advancement Act of 1995, Pub. L. 104-113, which encourages Federal 
regulatory agencies to consider adopting industry consensus standards 
as an alternative to de novo agency development of standards affecting 
an industry. This action is also consistent with the NRC policy of 
evaluating the latest versions of national consensus standards in terms 
of their suitability for endorsement by regulations or regulatory 
guides.
    Currently, 10 CFR 50.55 a(h) specifies that ``protection systems'' 
for plants with construction permits issued after January 1, 1971, must 
meet the requirements in IEEE Std. 279 in effect on the formal docket 
date of the application for a construction permit. IEEE Std. 279 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 safeguards such as containment isolation, core spray, safety 
injection, pressure reduction, and air cleaning. ``Protective 
Function'' is defined by IEEE 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 protective 
action at values of the variables established in the design bases.''
    IEEE Std. 603-1991 uses the term ``safety systems'' rather than 
``protection systems.'' A ``safety system'' is defined by IEEE Std. 
603-1991 as ``a system that is relied upon to remain functional during 
and following design basis events to ensure: (i) 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 result in potential off-site exposures comparable to the 10 CFR 
part 100 guidelines.'' A ``safety function'' is defined by IEEE Std. 
603-1991 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 Commission considers that the systems covered by IEEE Std. 603-
1991 and IEEE Std. 279-1971 are the same. Therefore, for purposes of 
paragraph (h) of 10 CFR 50.55a, ``protection systems,'' and ``safety 
systems'' are synonymous. The Commission notes that these two terms are 
also synonymous with the term ``safety-related systems,'' used 
elsewhere in the Commission's regulations. Therefore, licensees are 
expected to apply IEEE Std. 279-1971 and IEEE Std. 603-1991, as 
appropriate, to ``safety-related systems.''
    This rule mandates the use of IEEE Std. 603-1991 (including the 
correction sheet dated January 30, 1995) for future nuclear power 
plants, including final design approvals, design certifications and 
combined licenses under 10 CFR part 52. Current licensees may continue 
to meet the requirements set forth in the edition or revision of 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 requirements in IEEE Std. 603-1991. For purposes 
of this rule, ``changes'' to protection systems include (i) 
modifications, augmentation or replacement of protection systems 
permitted by license amendments, (ii) changes made by the licensees 
pursuant to procedures in 10 CFR 50.59, and (iii) plant-specific 
departures from a design certification 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. 603-1991 references several industry codes 
and standards. If the referenced standard has been endorsed in a 
regulatory guide, the standard constitutes a method acceptable to the 
Commission of meeting a regulatory requirement as described in the 
regulatory guide. If a referenced standard has not been endorsed in a 
regulatory guide, the licensees and applicants may consider and use the 
information in the referenced standard consistent with current 
regulatory practices.

Electronic Access

    You may also provide comments via the NRC's interactive rulemaking 
website through the NRC home page (http://www.nrc.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: [email protected]).

Finding of No Environmental Impact: Availability of Environmental 
Assessment

    The Commission has determined under the National Environmental 
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 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 Presidential 
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 that there 
are no disproportionate, high, and adverse impacts on minority and low-
income populations. The NRC uses the following working definition of 
environmental justice: environmental justice means the fair treatment 
and meaningful involvement of all people, regardless of race, 
ethnicity, culture, income, or educational level with respect to the 
development, implementation, and enforcement of environmental laws, 
regulations and policies.

[[Page 53934]]

Paperwork 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 currently valid OMB control number, the NRC may not conduct 
or sponsor, and a person is not required to respond to, an information 
collection.

Regulatory Analysis

    The Commission has prepared a regulatory analysis which shows that 
the proposed amendment does not impose any new requirements or costs on 
current licensees 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. 603-1991 for the changes even though the 
remainder of the plant power and I&C systems are only required to meet 
their current licensing basis. The draft regulatory analysis is 
available for inspection in the NRC Public Document Room, 2120 L 
Street, NW., Washington, DC.

Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the Commission certifies that this rule will not have a 
significant economic impact on small entities. This rule affects only 
the 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 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 Act.

Backfit Analysis

    The rule requires applicants and holders of new construction 
permits, new operating licenses, new final design approvals, new design 
certifications and combined licenses to comply with IEEE Std. 603-1991 
(including the correction sheet dated January 30, 1995). Changes to 
protection systems in existing operating plants initiated on or after 
January 1, 1998 must meet the requirements of IEEE Std. 603-1991. IEEE 
Std. 279 will continue to apply to existing nuclear power plants that 
do not make any changes to their protection systems, but the rule 
permits the licensee the option of meeting IEEE Std. 603-1991.
    The backfit rule was not intended to apply to regulatory actions 
which change expectations of prospective applicants, and therefore the 
backfit rule does not apply to the portion of the rule applicable to 
new construction permits, new operating licenses, new final design 
approvals, new design certifications and combined licenses. This rule 
does not change the licensing basis (i.e., IEEE Std. 279) for plants 
that do not intend to make any changes to their power and 
instrumentation and control systems. However, the rule would require 
future changes to existing power and instrumentation and control 
portions of protection systems to comply with the new standard. 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 analysis. This is consistent with past NRC practice 
and the discussions on backfitting in ``Value-Impact Statement'' 
prepared for Revision 1 to Regulatory Guide 1.153. A copy of the Value-
Impact 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 
backfit analysis has not been prepared for this direct final rule.

Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1996, the NRC has determined that this action is not a 
major rule and has verified this determination with the Office of 
Information and Regulatory Affairs of OMB.

List of Subjects in 10 CFR Part 50

    Antitrust, Classified information, Criminal penalties, Fire 
protection, Incorporation by reference, Intergovernmental 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 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 amendment to 10 CFR part 50.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

    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, 2239, 2282); secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

    Section 50.7 also issued under Pub. L. 95-601, sec, 10, 92 Stat. 
2951 (42 U.S.C. 5851). Section 50.10 also issued 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). Sections 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 sec. 102, Pub. L. 
91-190, 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). Sections 
50.58, 50.91, and 50.92 also issued under Pub. L. 97-415, 96 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 U.S.C. 2237).

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


Sec. 50.55a  Codes and standards.

* * * * *
    (h) Protection and Safety Systems. (1) IEEE Std. 603-1991 and the 
correction sheet dated January 30, 1995, which are referenced in 
paragraph (h)(3) and (h)(4), are approved for incorporation by 
reference by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. A notice of any changes made to the 
material incorporated by reference will be published in the Federal 
Register. Copies of IEEE Std. 603-1991 may be purchased from the 
Institute of Electrical and Electronics Engineers Service Center, 445 
Hoes Lane, Piscataway, NJ 08855. It is also available for inspection at 
the NRC Library, 11545 Rockville Pike, Rockville, MD 20852-2738, and at 
the Office of the Federal Register, 800 North Capital Street, NW, Suite 
700, Washington, DC. IEEE Std. 279, which is referenced in paragraph 
(h)(2) of this section was approved for incorporation by reference by 
the Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies of this standard are also available as 
indicated for IEEE Std. 603-1991.

[[Page 53935]]

    (2) Definitions.
    (I) For purposes of this paragraph the terms ``protection 
systems,'' ``safety systems,'' and ``safety-related systems'' are 
synonymous.
    (ii) Changes to protection systems include modification, 
augmentation or replacement of protection systems permitted by license 
amendments, changes to protection systems made by licensees pursuant to 
10 CFR 50.59, and plant specific departures from a design certification 
rule under 10 CFR part 52.
    (3) Protection systems. For nuclear power plants with construction 
permits issued after January 1, 1971, but prior to January 1, 1998, 
protection systems must meet the requirements set forth either in the 
Institute of Electrical and Electronics Engineers (IEEE) Std. 279, 
``Criteria for Protection 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 dated 
January 30, 1995. However, changes to protection systems initiated on 
or after January 1, 1998 must meet the requirements set forth in IEEE 
Std. 603-1991, and the correction sheet dated January 30, 1995.
    (4) Safety systems. For construction permits, operating licenses, 
final design approvals, design certifications 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.

    Dated at Rockville, this 9th day of October, 1997.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 97-27421 Filed 10-16-97; 8:45 am]
BILLING CODE 7590-01-P