[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consensus standard in NRC's regulations because IEEE has withdrawn IEEE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 However, IEEE has withdrawn IEEE Std. 279-1971
and has superseded it with IEEE Std. 603-1991, ``Criteria for Safety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]
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