[Federal Register Volume 63, Number 231 (Wednesday, December 2, 1998)]
[Proposed Rules]
[Pages 66496-66497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32107]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

RIN 3150-AF04


Steam Generator Tube Integrity for Operating Nuclear Power Plants

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule: Withdrawal.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is withdrawing an 
advance notice of proposed rulemaking (ANPRM) that was published to 
request public comment on the Commission's regulations pertaining to 
steam generator (SG) tube integrity. The proposed rule would have 
implemented a more flexible regulatory framework for steam generator 
surveillance and maintenance activities that would maintain adequate 
assurance of tube integrity while allowing a degradation-specific 
management approach. Because the NRC has concluded that the regulatory 
objectives set forth for this effort can be achieved by equally 
effective regulatory alternatives, the ANPR is being withdrawn.

ADDRESSES: The Commission paper, the staff requirement memoranda (SRM), 
and associated documents are available for public inspection, and 
copying for a fee, at the NRC Public Document Room located at 2120 L 
Street NW. (Lower Level), Washington, DC 20012-7082, telephone: (202) 
512-2249.

FOR FURTHER INFORMATION CONTACT: Tim Reed, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone (301) 415-1462, e-mail [email protected].

SUPPLEMENTARY INFORMATION:
    On September 19, 1994 (59 FR 47817), the Commission published an 
ANPRM that requested comments, advice, and recommendations from 
interested parties on the proposed steam generator rule. In response to 
the ANPRM, two

[[Page 66497]]

public comments were received. The primary comment was a coordinated 
industry response submitted by the Nuclear Energy Institute (NEI). The 
remaining comment, submitted by Virginia Power, endorsed the NEI 
comment. Subsequently, the NRC staff developed a draft rule and draft 
regulatory guide intended to implement a performance-based regulatory 
structure that provides for the development and implementation of 
appropriate measures to ensure the consistency and quality of 
inspection methods, repair criteria, and tube condition assessment, 
while giving appropriate consideration to risk. As part of the 
rulemaking process, the NRC staff estimated the risk associated with SG 
tube degradation and used the results to provide the insights required 
for performing a regulatory analysis of the proposed rulemaking 
approach.
    In COMSECY-97-013, dated May 23, 1997, the NRC staff provided a 
risk assessment summary and major conclusions from a regulatory 
analysis. Based on these results, the NRC staff reassessed whether a 
rulemaking is the appropriate regulatory vehicle for addressing the 
problems associated with SG tube integrity. It should be recognized 
that the NRC staff found that the current regulations governing SG tube 
integrity provide an adequate basis to ensure public health and safety 
due to SG operation. However, the NRC staff concluded that further 
guidance is needed for the industry to continue to effectively meet 
these regulations. Issues involving a plant's technical specifications 
(TS) are amenable to a generic letter approach. Given these 
considerations, the NRC staff informed the Commission that it planned 
to pursue the following approach in lieu of a new steam generator 
rulemaking: (1) Complete development of a SG tube integrity regulatory 
guide which describes an acceptable performance-based program for 
ensuring adequate tube inspection, monitoring, and assessment; (2) 
request licensees, through a generic letter, to propose performance-
based technical specification changes to address the issues regarding 
inspection, monitoring, and assessment of SG tube condition to ensure 
that SG tube integrity is maintained consistent with the plant 
licensing basis; (3) provide licensees with an option to change current 
SG tube repair criteria and implement a degradation-specific management 
approach, if it can be demonstrated that risk will be maintained at an 
acceptable level. An application-specific regulatory guide would 
provide guidance on acceptable approaches for proposing changes to SG 
tube integrity criteria and assessing changes in risk associated with 
relaxation of tube integrity criteria. Licensees would not be able to 
implement alternate repair criteria until an appropriate risk 
assessment is submitted and found acceptable by the NRC staff; and (4) 
as part of the IPE follow-up program, the NRC staff will evaluate 
pressurized water reactors (PWRs) that appear to have a high potential 
for core damage sequences that can challenge SG tubes. Any additional 
requirements would be imposed consistent with the backfit requirements 
of Sec. 50.109.
    The SRM on COMSECY-97-013, dated June 30, 1997, approved the 
revised approach. The SRM also directed the NRC staff to seek industry 
input, as appropriate, in developing the technical basis for the 
proposed TS changes to ensure that the proposed changes are consistent 
with current steam generator tube degradation modes. In support of this 
commitment, the NRC staff developed a proposed generic letter that: (1) 
informs PWR licensees that plant TSs for maintaining SG tube integrity 
do not alone provide the needed assurance that SG tube integrity is 
being adequately monitored and maintained in accordance with NRC 
regulations and plant licensing bases; (2) advises licensees that they 
may request license amendments to their plant TSs to implement the 
model TSs attached to the generic letter for maintaining SG tube 
integrity, or justify alternate approaches for ensuring that SG tube 
integrity; and (3) requires that licensees submit to the NRC written 
responses that describe their ongoing or planned activities to monitor 
and maintain SG tube integrity. By letter dated December 16, 1997, the 
NRC staff was informed that the industry, through the NEI Nuclear 
Strategic Issues Advisory Committee, had voted to adopt NEI 97-06. The 
chief objective of the industry initiative is for PWR licensees to 
evaluate their existing SG programs and, where necessary, to revise or 
strengthen program attributes to meet the intent of the NEI 97-06 
guidelines. The NEI 97-06 guidelines are intended to improve both the 
quality and the consistency of SG programs throughout the industry. 
Consistent with Direction Setting Issue (DSI) 13, the NRC staff's 
preferred approach is to endorse an industry initiative that addresses 
all NRC staff and stakeholder concerns, rather than issue a generic 
letter. As a result, the NRC staff has temporarily deferred issuing the 
proposed generic letter for public comment while it works with industry 
to resolve issues associated with NEI 97-06, with the objective of 
endorsing NEI 97-06 in a regulatory guide.
    Whether the NRC staff ultimately endorses the NEI 97-06 guidance or 
continues with its efforts to issue a generic letter addressing SG tube 
integrity, the NRC has concluded that equally effective regulatory 
alternatives to rulemaking are available to address the issue of SG 
tube integrity. Therefore, the proposed rule is not required and is 
being withdrawn.

    Dated at Rockville, Maryland, this 24th day of November, 1998.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 98-32107 Filed 12-1-98; 8:45 am]
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