[Federal Register Volume 64, Number 70 (Tuesday, April 13, 1999)]
[Rules and Regulations]
[Pages 17944-17946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9038]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

RIN 3150-AF96


Codes and Standards: IEEE National Consensus Standard

AGENCY: Nuclear Regulatory Commission.

ACTION: 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. Use of IEEE Std. 603-1991 is mandatory 
for new nuclear power plants and design approvals or certifications and 
is voluntary for existing nuclear power plants and design approvals. 
This action is necessary to endorse the latest version of this national 
consensus standard in NRC's regulations because IEEE has withdrawn IEEE 
Std. 279-1971.

EFFECTIVE DATE: The final rule is effective on May 13, 1999. The 
incorporation by reference of IEEE Std. 603-1991 is approved by the 
Director of the Federal Register as of May 13, 1999.

FOR FURTHER INFORMATION CONTACT: Satish K. Aggarwal, Senior Program 
Manager, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
Telephone: 301-415-6005, Fax: 301-415-5074, E-mail: [email protected].

SUPPLEMENTARY INFORMATION: 10 CFR part 50, ``Domestic Licensing of 
Production and Utilization Facilities,'' Sec. 50.55a(h) requires that 
the protection systems in nuclear power plants meet the requirements 
stated in IEEE Std. 279-1971, ``Criteria for Protection Systems for 
Nuclear Power Generating Stations,'' in effect on the formal docket 
date of the application. However, IEEE has withdrawn IEEE Std. 279-1971 
and has superseded it with IEEE Std. 603-1991, ``Criteria for Safety 
Systems for Nuclear Power Generating Stations.'' On April 23, 1998 (63 
FR 20136), the NRC published a proposed rule in the Federal Register 
that would amend its regulations to incorporate IEEE Std. 603-1991 for 
power, instrumentation, and control portions of safety systems. 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 50.55a(h) specifies that ``protection systems'' 
for plants with construction permits issued after January 1, 1971, must 
meet the requirements in IEEE Std. 279-1971 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 (ESFs), such as containment 
isolation, core spray, safety injection, pressure reduction, and air 
cleaning. ``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.''
    IEEE Std. 603-1991 uses the term ``safety systems'' rather than 
``protection systems'' to define its scope. A ``safety system'' is 
defined in 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 shutdown 
condition, or (iii) the capability to prevent or mitigate the 
consequences of accidents that could result in potential offsite 
exposures comparable to the 10 CFR Part 100 guidelines.'' A ``safety 
function'' is defined in 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 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.'' The final rule is not intended to change 
the scope of the systems covered in the final safety analysis report 
(FSAR) for currently operating nuclear power plants.
    This final rule sets forth the standards for the design of safety 
systems for future power plants. The final rule mandates the use of 
IEEE Std. 603-1991 (including the correction sheet dated January 30, 
1995) for applications for design approvals pursuant to 10 CFR Part 52, 
Appendix O and design certifications pursuant to 10 CFR Part 52, 
Subpart B which are filed after the effective date of this rule. 
Although the Westinghouse AP-600 design certification was filed prior 
to the effective date of this rule, it has been reviewed to IEEE Std. 
603-1991. In addition, the final rule mandates the use of IEEE Std. 
603-1991 (including the correction sheet dated January 30, 1995) for 
all applications for a construction permit, operating license or 
combined license filed on or after the effective date of the rule that 
do not reference a certified design. Any application for a construction 
permit, operating license or combined license that references a 
certified design is required to comply

[[Page 17945]]

with the IEEE standards approved in the referenced design certification 
rule. Current holders of operating licenses may continue to meet the 
requirements for protection systems in their licensing basis, or may 
voluntarily comply with IEEE Std. 603-1991 (including the correction 
sheet dated January 30, 1995).

Significant Comments on the Proposed Rule

    The NRC received 16 public comment letters. Copies of these letters 
are available for public inspection, and copying for a fee, at the 
NRC's Public Document Room. The major issues raised by the commenters 
and the NRC staff responses to these issues are as follows.

(1) Ambiguity in the Definition of ``System-Level Replacements''

    Issue: The term ``system-level replacement'' is not clearly 
defined. The rule would create a dual licensing basis for plant 
protection systems.
    Response: ``System-level replacement'' for a protection system must 
involve complete replacement from the process sensors to the actuation 
signals used for the initiation of execute features (e.g., reactor trip 
system trip breaker, scram solenoid-operated valves, and ESF motive 
equipment operation). A licensee's current licensing basis applies when 
defining protection system boundaries. A licensee's protection systems 
are typically defined and discussed in Final Safety Analysis Report 
Sections 7.1, 7.2, and 7.3. The decision to establish and manage a dual 
licensing basis is voluntary, not mandatory. Reference to system-level 
replacements has been removed in this final rule because the compliance 
with the requirements of IEEE Std. 603-1991 is voluntary for changes to 
protection systems.

(2) Referenced Standards

    Issue: The NRC staff states that the other IEEE standards 
referenced in IEEE Std. 603-1991 will not by themselves become 
mandatory. However, this position was not restated in the rule itself.
    Response: As a matter of law, the other IEEE standards referenced 
in IEEE Std. 603-1991 are not rulemaking requirements, inasmuch as (i) 
Section 50.55a does not contain lanquage explicitly requiring the use 
of the other IEEE standards referenced in IEEE Std. 603-1991, and (ii) 
the other IEEE standards referenced in IEEE Std. 603-1991 have not been 
approved for incorporation by reference by the Office of Federal 
Register.

(3) Backfit Analysis

    Issue: Incorporating the additional requirements of IEEE Std. 603-
1991 as a binding regulation would impose a change to the current 
licensing basis and constitutes a backfit.
    Response: The NRC has revised the rule to make compliance with the 
requirements of IEEE Std. 603-1991 voluntary. Current licensees may 
continue to satisfy NRC regulations by meeting the requirements stated 
in the edition or revision of IEEE Std. 279 in effect on the formal 
date of their application for a construction permit. Therefore, any 
further discussion of backfit is unnecessary.

Consensus Standards

    The National Technology Transfer 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 the 
use of these standards is inconsistent with applicable law or otherwise 
impractical. In this final rule, the NRC is using the following 
voluntary consensus standards, IEEE Std. 603-1991, including the 
correction sheet dated January 30, 1995. No alternative voluntary 
consensus standard(s) were identified for use in this final rule.

Finding of No Environmental Impact: Availability of Environmental 
Assessment

    The NRC has determined under the National Environmental Policy Act 
of 1969, as amended, and the NRC's regulations in subpart A of 10 CFR 
Part 51, that because this final rule would not be a major Federal 
action significantly affecting the quality of the human environment, an 
environmental impact statement is not required. The NRC has prepared an 
environmental assessment supporting this finding of no significant 
environmental impact.
    The NRC had 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. No comments 
were received. The environmental assessment is available for 
inspection, and copying for a fee, at the NRC Public Document Room, 
2120 L Street, NW., Washington, D.C. Also, the NRC has committed itself 
to complying in all its actions with Presidential Executive Order 
12898, ``Federal Actions To Address Environmental Justice in Minority 
Populations and Low-Income Populations'' (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.

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 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, the information collection.

Regulatory Analysis

    The NRC has prepared a regulatory analysis that shows this 
amendment does not impose any new requirements or costs on current 
licensees because compliance with the requirements of IEEE Std. 603-
1991 is voluntary. The regulatory analysis is available for inspection, 
and copying for a fee, 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 NRC certifies that this rule does 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'' stated in 
the Regulatory Flexibility Act or the small business size standards 
adopted by the NRC (10 CFR 2.810). Because these companies are dominant 
in their service areas, this rule does not fall within the purview of 
the act.

Backfit Analysis

    The final rule requires applicants for new design approvals and new 
design certifications to comply with IEEE Std. 603-1991 (including the 
correction sheet dated January 30, 1995). The final rule also requires 
applicants for new construction permits, new operating licenses, and 
combined licenses that do not reference a certified design to

[[Page 17946]]

comply with IEEE Std. 603-1991 (including the correction sheet dated 
January 30, 1995). Current holders of operating licenses may continue 
to meet the requirements for protection systems in their licensing 
basis, or may voluntarily comply with IEEE Std. 603-1991 (including the 
correction sheet dated January 30, 1995).
    The backfit rule was not intended to apply to regulatory actions 
that 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 design approvals, 
new design certifications, and combined licenses that do not reference 
a certified design. Because the IEEE Std. 603-1991 is voluntary for 
licensees of currently operating plants, this rule does not constitute 
a backfit with respect to those plants.
    The NRC staff believes that newer consensus standards reflect 
progress and the current ``state of the practice'' of the technology. 
Specifically, IEEE Std. 603-1991 is a major improvement over IEEE Std. 
279-1971. IEEE Std. 279-1971 provides basic criteria for protection 
systems, which remain unchanged in IEEE Std. 603-1991. If a licensee 
proposes to replace an existing analog protection system with a digital 
system, IEEE Std. 279-1971 provides no specific guidance. Therefore, 
licensees are likely to consider the guidance in IEEE Std. 603-1991 and 
other standards that address digital system design. The NRC staff 
encourages the use of digital technology and encourages the use of new 
standards such as IEEE Std. 603-1991. Thus, the final rule provides an 
option for complying with the new standard for changes to existing 
power and instrumentation and control portions of protection systems. 
This is not considered a backfit because the adoption of IEEE Std. 603-
1991 would be voluntary.
    In summary, the NRC has determined that the backfit rule, 10 CFR 
50.109, does not apply to this rule because it does not impose any 
backfits as defined in 10 CFR 50.109(a)(1). Therefore, a backfit 
analysis has not been prepared for this 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 stated in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended, the Energy Reorganization 
Act of 1974, as amended, the Energy Reorganization 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).
    2. In Sec. 50.55a, footnotes 7 and 8 are removed and reserved, and 
paragraph (h) is revised to read as follows:


Sec. 50.55a  Codes and standards.

* * * * *
    (h) Protection and safety systems. (1) IEEE Std. 603-1991, 
including the correction sheet dated January 30, 1995, which is 
referenced in paragraphs (h)(2) and (h)(3) of this section, is approved 
for incorporation by reference by the Director of the Office of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. 
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. The standard is also available for inspection at 
the NRC Library, 11545 Rockville Pike, Rockville, Md; and at the Office 
of the Federal Register, 800 North Capitol Street, NW., Suite 700, 
Washington, D.C. IEEE Std. 279-1971, which is referenced in paragraph 
(h)(2) of this section, was approved for incorporation by reference by 
the Director of the Office of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR Part 51. Copies of IEEE Std. 279-1971 are also 
available as indicated for IEEE Std. 603-1991.
    (2) Protection systems. For nuclear power plants with construction 
permits issued after January 1, 1971, but before May 13, 1999, 
protection systems must meet the requirements stated in either IEEE 
Std. 279-1971, ``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. 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.
    (3) Safety systems. Applications filed on or after May 13, 1999 for 
preliminary and final design approvals (10 CFR Part 52, Appendix O), 
design certifications, and construction permits, operating licenses and 
combined licenses that do not reference a final design approval or 
design certification, must meet the requirements for safety systems in 
IEEE Std. 603-1991 and the correction sheet dated January 30, 1995.
* * * * *
    Dated at Rockville, Maryland, this 6th day of April, 1999.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 99-9038 Filed 4-12-99; 8:45 am]
BILLING CODE 7590-01-P