[Federal Register Volume 64, Number 80 (Tuesday, April 27, 1999)]
[Proposed Rules]
[Pages 22580-22588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10491]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 64, No. 80 / Tuesday, April 27, 1999 / 
Proposed Rules  

[[Page 22580]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

RIN 3150-AE26


Industry Codes and Standards; Amended Requirements

AGENCY: Nuclear Regulatory Commission.

ACTION: Supplemental proposed rule.

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SUMMARY: The Nuclear Regulatory Commission is publishing a supplement 
to the proposed rule published on December 3, 1997 (62 FR 63892) that 
would eliminate the requirement for licensees to update their inservice 
inspection (ISI) and inservice testing (IST) programs beyond a baseline 
edition and addenda of the American Society of Mechanical Engineers 
(ASME) Boiler and Pressure Vessel Code (BPV Code). The proposed rule 
would establish the 1989 Edition of the ASME BPV Code, Section XI, as 
the baseline Code for IST requirements (except for design and access 
provisions and preservice examination requirements) for pumps and 
valves that are classified as ASME Code Class 1, 2, or 3 components in 
currently operating nuclear power plants. The proposed rule would 
establish the baseline Code for ISI requirements for components 
(including supports) classified as ASME Code Class 1, 2, or 3 as the 
1989 Edition of the ASME BPV Code, Section XI. The proposed rule would 
establish the baseline Code for ISI requirements for Class MC and Class 
CC components and their integral attachments as the 1992 Edition with 
the 1992 Addenda of Subsections IWE and IWL of the ASME BPV Code, 
Section XI. Finally, the proposed rule would require that, as discussed 
in 62 FR 63892, ASME Code Class 1, 2, or 3 components conform to the 
requirements in Appendix VIII of Section XI of the ASME BPV Code, 1995 
Edition with the 1996 Addenda. Licensees would be allowed to update 
their ISI and IST programs to more recent editions and addenda of the 
ASME Code incorporated by reference in the regulations. In this 
supplementary notice, the NRC is requesting comments only with respect 
to the proposed elimination of the 120-month update requirement for ISI 
and IST programs.

DATES: Submit comments on this supplement to the proposed rule by June 
28, 1999. 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 on or before this date.

ADDRESSES: Submit comments to: The Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff. Deliver comments to: 11555 
Rockville Pike, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. on 
Federal workdays.
    You may also provide comments via the NRC's interactive rulemaking 
website through the NRC home page (http://www.nrc.gov). From the home 
page, select ``Rulemaking'' from the tool bar. The interactive 
rulemaking website can then be accessed by selecting ``New Rulemaking 
Website.'' This site provides the ability 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].
    Certain documents related to this rulemaking, including comments 
received, and the draft regulatory analysis, may be examined at the NRC 
Public Document Room, 2120 L Street NW. (Lower Level), Washington, D.C. 
Single copies of the regulatory analysis may be obtained from Thomas G. 
Scarbrough, Division of Engineering, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission, Washington, D.C., 
telephone (301) 415-2794; e-mail: [email protected].
    The NRC has scheduled a public workshop to discuss this supplement 
to the proposed rule on eliminating the requirement for licensees to 
update their ISI and IST programs every 120 months. This workshop will 
also include discussion of an appropriate baseline Code edition for ISI 
and IST requirements. The workshop will be held on Thursday, May 27, 
1999, from 9:00 a.m. to 4:00 p.m. in the Two White Flint North 
Auditorium at the NRC headquarters office located at 11545 Rockville 
Pike, Rockville, Maryland 20852-2738.

FOR FURTHER INFORMATION CONTACT: Thomas G. Scarbrough, Division of 
Engineering, Office of Nuclear Reactor Regulation, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
2794, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Proposed Elimination of 120-Month Update Requirement
III. Analysis of Proposed Revision to 10 CFR 50.55a
IV. Plain Language
V. Finding of No Significant Environmental Impact: Environmental 
Assessment
VI. Paperwork Reduction Act Statement
VII. Regulatory Analysis
VIII. Regulatory Flexibility Certification
IX. Backfit Analysis
X. National Technology Transfer and Advancement Act of 1995

I. Background

    The NRC's regulations in 10 CFR 50.55a require that nuclear power 
plant owners: (1) construct Class 1, Class 2, and Class 3 components in 
accordance with the rules stated in the 1989 Edition of Section III, 
Division 1, ``Requirements for Construction of Nuclear Power Plant 
Components,'' of the ASME Boiler and Pressure Vessel Code (BPV Code); 
(2) inspect Class 1, Class 2, and Class 3 components in accordance with 
the rules stated in the 1989 Edition of Section XI, Division 1, 
``Requirements for Inservice Inspection of Nuclear Power Plant 
Components,'' of the ASME BPV Code with certain limitations and 
modifications; (3) inspect Class MC (metal containment) and Class CC 
(concrete containment) components in accordance with the rules stated 
in the 1992 Edition with the 1992 Addenda of Section XI, Division 1, of 
the ASME BPV Code with certain modifications; and (4) test Class 1, 
Class 2, and Class 3 pumps and valves in accordance with the rules 
stated in the 1989 Edition of Section XI, Division 1, of the ASME BPV 
Code with certain limitations and modifications. The NRC regulations 
also require licensees to update their ISI and IST programs every 120 
months to comply with the version of Section XI of the ASME BPV Code 
incorporated by reference into 10 CFR 50.55a and in

[[Page 22581]]

effect 12 months preceding the start of a new 120-month interval.
    On December 3, 1997 (62 FR 63892), the NRC proposed amending 10 CFR 
50.55a to revise the requirements for construction, ISI, and IST of 
nuclear power plant components to incorporate by reference recent 
editions and addenda of the ASME BPV Code and the ASME Code for 
Operation and Maintenance of Nuclear Power Plants (OM Code). The 
proposed rule contained a discussion of specific items under active 
consideration relative to NRC endorsement of ASME Codes. One item 
involved Direction Setting Issue (DSI) 13, ``Role of Industry,'' of the 
NRC's Strategic Assessment and Rebaselining Initiative, which includes 
an evaluation of NRC endorsement of industry codes and standards. The 
proposed rule retained the requirement that licensees update their ISI 
and IST programs every 120 months. However, the proposed rule indicated 
that this position might be modified before publication of the final 
rule. Based on further consideration, the NRC is re-evaluating the need 
for licensees to update their ISI and IST programs every 120 months. 
Upon request, the NRC plans to allow licensees scheduled to update 
their ISI and IST programs in the near term to delay submittal of their 
updates pursuant to 10 CFR 50.55a(a)(3)(i) while the NRC considers the 
elimination of the 120-month update requirement.

II. Proposed Elimination of 120-Month Update Requirement

    The ASME BPV Code has been revised on a continuing basis over the 
years to provide improved requirements for inspecting pressure boundary 
components and testing pumps and valves in nuclear power plants. 
Certain IST provisions for pumps and valves originally contained in 
Section XI of the ASME BPV Code are now replaced in Section XI by 
references to ASME OM standards on which the ASME OM Code is based. 
Although some Code revisions have strengthened requirements and others 
have relaxed requirements, the NRC has generally considered the 
evolution of the ASME Code to result in a net improvement in the 
measures for inspecting piping and components and testing pumps and 
valves. However, neither the NRC nor ASME has performed a detailed 
quantified cost/benefit analysis of the general evolutionary changes to 
the ASME Code. As the ASME Code matures, the NRC finds that the overall 
safety increase associated with periodic revisions to the ASME Code is 
becoming smaller. The NRC believes that the overall level of safety 
achieved by adherence to a baseline edition or addenda of the ASME Code 
incorporated by reference in the regulations would be sufficient and 
adequate, and that unnecessary burden might be placed upon licensees by 
the required updating of their ISI and IST programs. The NRC also 
believes that the establishment of a baseline edition and addenda of 
the ASME Code for ISI and IST requirements would ensure adequate 
protection of public health and safety without periodic updating of ISI 
and IST programs at nuclear power plants. The NRC plans to continue to 
review the periodic revisions to the ASME Code to determine whether any 
new ISI or IST provisions meet the backfit requirements of 10 CFR 
50.109 to mandate their implementation by nuclear power plant 
licensees.
    In this supplement to the proposed rule published on December 3, 
1997 (62 FR 63892), the NRC proposes to establish the 1989 Edition of 
the ASME BPV Code, Section XI, as the baseline Code for IST 
requirements, except for design and access provisions and preservice 
examination requirements, for pumps and valves that are classified as 
ASME Code Class 1, 2, or 3 components in currently operating nuclear 
power plants. As required by 10 CFR 50.55a(b)(viii), references in the 
ASME BPV Code, Section XI, to OM standards, Parts 4, 6, and 10 will 
mean the OMa-1988 Addenda to the OM-1987 Edition. The NRC proposes that 
the baseline Code for ISI requirements for components (including 
supports) classified as ASME Code Class 1, 2, or 3 be established as 
the 1989 Edition of the ASME BPV Code, Section XI. The NRC proposes 
that the baseline Code for ISI requirements for metal and concrete 
containment (Classes MC and CC) components and their integral 
attachments be the 1992 Edition with the 1992 Addenda of Subsections 
IWE and IWL of Section XI of the ASME BPV Code. The NRC proposes that, 
as discussed in 62 FR 63892, ASME Code Class 1, 2, or 3 components 
comply with the requirements in Appendix VIII of Section XI of the ASME 
BPV Code, 1995 Edition with the 1996 Addenda. The NRC proposes that 
licensees of currently operating nuclear power plants comply with these 
ISI and IST requirements, according to the limitations and 
modifications specified in the regulations, to the extent practical 
within the design, geometry, and materials of construction of the 
components. The NRC is continuing its evaluation and may determine as 
part of the review of public comments that a later edition or addenda, 
or portions thereof, constitute an appropriate baseline for ISI and IST 
requirements for currently operating nuclear plants. As discussed 
below, licensees may implement more recent editions or addenda of the 
ASME Code incorporated by reference in the regulations.
    In this supplement, the NRC proposes to allow licensees that are 
currently applying earlier editions of the ASME BPV Code up to 5 years 
to implement the baseline or later editions and addenda of the ASME 
Code incorporated by reference in the regulations. However, the 
proposed rule would establish a separate implementation schedule for 
the ISI provisions of Appendix VIII of the ASME BPV Code, Section XI. 
The NRC proposes to eliminate the requirement to update ISI and IST 
programs every 120 months for licensees applying the baseline or later 
editions and addenda of the ASME Code incorporated by reference in the 
regulations. As proposed, licensees may update their ISI and IST 
programs to subsequent Code editions or addenda that have been 
incorporated by reference in the regulations without prior NRC approval 
when implemented in accordance with the limitations and modifications 
specified in 10 CFR 50.55a(b), (f), and (g), as applicable. In 
particular, they need to be implemented in total. Should a licensee 
intend to implement only a portion of a subsequent Code edition or 
addenda incorporated by reference in the regulations, the NRC proposes 
to require that the licensee obtain prior NRC approval by demonstrating 
that the specific portion of the edition or addenda presents an 
acceptable level of quality and safety, and that all related 
requirements are satisfied. The NRC intends to review future Code 
editions and addenda and approve them for voluntary use (in their 
entirety) by licensees through future rulemakings. However, should the 
NRC determine that a Code requirement is necessary for reasonable 
assurance of adequate protection, the NRC would by rulemaking (or 
order) require licensees to implement the relevant Code requirement. In 
addition, the NRC retains authority to require by rule or order 
implementation of ASME Code requirements if the appropriate backfit 
standard of 10 CFR 50.109(a) is met, e.g., that the ASME Code 
requirement to be imposed represents a substantial increase in the 
protection of the public health and safety whose cost is justified in 
light of this increased protection, or

[[Page 22582]]

is considered necessary for continued compliance with the regulations.
    For future nuclear power plants, the NRC intends to continue the 
regulatory requirement that components conform to ISI and IST 
requirements stated in the latest edition and addenda of the ASME Code 
incorporated by reference in the regulations 1 year before issuance of 
the operating license. Future licensees would meet these ISI and IST 
requirements, according to the limitations and modifications specified 
in the regulations, to the extent practical within the design, 
geometry, and materials of construction of the components. Similar to 
existing licensees, the NRC proposes to eliminate the requirement for 
future licensees to update their ISI and IST programs periodically.
    The NRC does not propose to alter the regulatory requirements for 
implementation of Section III of the ASME BPV Code for the design and 
construction of nuclear power plant components. The NRC regulations 
would continue to require future applicants for a construction permit 
to implement the latest edition and addenda of Section III of the ASME 
BPV Code incorporated by reference in the regulations when the 
construction permit is issued.
    The NRC has determined that the regulatory requirement for 
licensees to update their ISI and IST programs every 120 months could 
be eliminated without requesting public comment on this issue. This 
position is based on the indication in the statement of considerations 
of the proposed rule published on December 3, 1997, that elimination of 
the update requirement was under consideration. However, in light of 
the significance and complexity of this issue, the NRC considers it 
prudent to obtain specific public comment on the proposal to eliminate 
the 120-month update requirement before reaching a final decision on 
this issue.
    Some of the major considerations to be addressed regarding the 
potential benefits and impact of the proposal to eliminate the 120-
month update requirement for ISI and IST programs are summarized in the 
following paragraphs.
    One important consideration in the elimination of the 120-month 
update requirement for ISI and IST programs involves the proposed use 
by licensees of editions and addenda of the ASME Code incorporated by 
reference in the regulations subsequent to the baseline edition and 
addenda of the ASME Code. The NRC's current view is that licensees 
should be allowed to implement without NRC review and approval 
subsequent editions and addenda of the ASME Code incorporated by 
reference in the regulations, when implemented in accordance with the 
limitations and modifications in the regulations. This view is 
conditional upon the assumption that licensees will implement later 
editions of the ASME Code in total. It is also the NRC's view that 
licensees be required to request NRC approval for use of portions of 
subsequent editions and addenda of the ASME Code, unless use of those 
portions is pre-approved in the rule. In requesting NRC approval, 
licensees must demonstrate that the proposed portion of the ASME Code 
presents an acceptable level of quality and safety, and that all 
related requirements are satisfied.
    The cost savings to nuclear power plant licensees resulting from 
eliminating the 120-month update requirement for ISI and IST programs 
are difficult to quantify. A typical ISI or IST program update may cost 
a licensee $200,000 to $300,000 every 10 years. Because more recent 
editions of the ASME Code tend to relax certain requirements of 
previous editions, some licensees may conclude that implementing a 
newer edition of the ASME Code would result in cost savings that 
outweigh the implementation costs and, thus, will update their programs 
to implement more recent ASME Code editions and addenda. The NRC 
requests specific comment from licensees on the burden associated with 
updating their ISI and IST programs and related procedures.
    The NRC may or may not achieve a resource savings if the 
requirement for licensees to update their ISI and IST programs every 
120 months is eliminated. On the one hand, the NRC would not receive 
for review those relief requests that would have been submitted by 
licensees as part of their 120-month program updates. On the other 
hand, the NRC currently plans to continue to review future Code 
revisions and Code cases for incorporation by reference in the 
regulations. The NRC would determine whether any specific safety-
related Code provisions warrant mandatory implementation in accordance 
with 10 CFR 50.109 backfit provisions. The NRC would continue to review 
requests submitted by licensees for relief from the requirements of the 
specific Code editions and addenda to which they are committed in 
accordance with regulatory requirements.
    In addition to resource expenditures, eliminating the requirement 
for licensees to update their ISI and IST programs every 120 months 
might affect license amendments, inspections, enforcement actions, and 
Code effectiveness related to ISI and IST programs. For example, the 
current requirements of 10 CFR 50.55a determine the ASME Code edition 
and addenda in effect during each 120-month interval for a given plant. 
When a licensee implements a subsequent edition or addenda of the ASME 
Code, the licensee's commitment may be documented in a periodic update 
of the licensee's Final Safety Analysis Report. However, if a licensee 
seeks to adopt something less than the entire Code, as approved by the 
NRC, a relief request to use the proposed alternative would be 
necessary. With respect to inspection activity, elimination of the 120-
month update requirement could result in NRC inspectors having to 
evaluate a wider range of Code editions and addenda, and portions 
thereof. Also, eliminating the 120-month update requirement might 
affect the staff's process for preparing regulatory guides that endorse 
ASME Code cases, or current initiatives by the NRC staff and industry 
on risk-informed ISI and IST programs. Over the long term, the 
elimination of the periodic update requirement might affect the 
technical quality of the ASME Code as a result of reduced interest in 
future editions of the Code by the NRC and industry organizations with 
the establishment of a baseline Code edition.
    The National Technology Transfer and Advancement Act of 1995, Pub. 
L. 104-113, requires all Federal agencies and departments to use 
technical standards that are developed or adopted by voluntary 
consensus standards bodies, using these technical standards as a means 
to carry out policy objectives or activities determined by the agencies 
and departments. This requirement only applies when the participation 
of voluntary consensus standards bodies is in the public interest and 
is compatible with agency and departmental missions, authorities, 
priorities, and budget resources. The NRC will evaluate the 
relationship of Pub. L. 104-113 to the proposal to eliminate the 
regulatory requirement for licensees to update their ISI and IST 
programs every 120 months to the most recent ASME Code incorporated by 
reference in the regulations. The NRC's evaluation will determine 
whether a report (or periodic reports) must be provided to the Office 
of Management and Budget if the 120-month update requirement is 
eliminated.
    This supplement is based on the proposed rule published on December 
3, 1997, and does not reflect NRC

[[Page 22583]]

reconciliation of public comments received on the proposed rule. The 
NRC will discuss the resolution of comments on the proposed rule, 
including this supplement, when the final rule is issued. In this 
supplement to the proposed rule, the NRC is requesting comments only 
with respect to the proposed elimination of the 120-month update 
requirement for ISI and IST programs. To assist in the consideration of 
this issue, the NRC requests comments on the proposal to eliminate the 
120-month update requirement in the following areas:

     Potential effect on safety;
     Potential reductions in the effectiveness of the ASME 
Code;
     Selection of the proper baseline edition and addenda of 
the ASME Code in terms of safety, resources, and efficiency;
     Regulatory benefits and burdens to licensees, industry 
suppliers (including vendors), nuclear insurers, states, and standards 
organizations;
     Burden on licensees to update their ISI and IST programs 
and related procedures;
     Potential effect on the number and detail of licensee 
submittals associated with ISI and IST programs;
     Changes to the range of ASME Code editions and addenda 
applied by licensees;
     Potential effect on processing of licensing actions and 
evaluations related to changes to ISI and IST programs, preparation of 
regulatory guides endorsing ASME Code editions and Code cases, and 
risk-informed ISI and IST initiatives;
     Potential effect on state and other organizations that 
rely on the ASME Code in their interactions with nuclear power plant 
owners;
     Application of portions of the ASME Code incorporated by 
reference in the regulations subsequent to the baseline edition; and
     Clarity of the supplement to the proposed rule.

III. Analysis of Proposed Revision to 10 CFR 50.55a

    In preparing this supplement to the proposed revision to 10 CFR 
50.55a, the NRC has focused on the substantive changes to the 
regulations that would result from eliminating the specific requirement 
in Section 50.55a for licensees of nuclear power plants to update their 
ISI and IST programs every 120 months.

A. Section 50.55a(b)(4)

    A new Sec. 50.55a(b)(4) would be added to group several ASME Code 
cases and specified portions of later ASME Codes (i.e., editions and 
addenda issued subsequent to the 1989 Edition of the ASME BPV Code) 
that are not required to be used, but that are acceptable to the NRC 
and may be used on a voluntary basis without prior NRC approval. The 
identified portions of later ASME Codes are Appendix II of the ASME OM 
Code, 1995 Edition with the 1996 Addenda; Subsection ISTD of the ASME 
OM Code, 1995 Edition with the 1996 Addenda, for inservice testing; and 
Table ISTD 6.5.2-1, ``Refueling Outage-Based Visual Examination 
Table,'' of the 1996 Addenda of the ASME OM Code. The NRC will be 
considering the appropriate mechanism for endorsing Code Cases, i.e., 
through the regulations or regulatory guides.

B. Section 50.55a(f)(4)(i)

    Section 50.55a(f)(4)(i) would be revised to establish the 1989 
Edition of the ASME BPV Code, Section XI, as the baseline Code for IST 
requirements, except for design and access provisions and preservice 
examination requirements addressed in Secs. 50.55a(f)(1) through (3), 
for pumps and valves that are classified as ASME Code Class 1, 2, or 3 
components in currently operating nuclear power plants. This supplement 
would require licensees to meet these IST requirements, according to 
the limitations and modifications specified in the regulations, to the 
extent practical within the design, geometry, and materials of 
construction of the pumps and valves. Under the periodic update 
requirement currently specified in Sec. 50.55a, the IST programs at all 
operating nuclear power plants would have been required to implement 
the 1989 Edition of Section XI of the ASME BPV Code within 3 years. 
This supplement would allow licensees that are currently applying 
earlier editions of the ASME BPV Code up to 5 years to implement the 
baseline or later editions or addenda of the ASME Code incorporated by 
reference in the regulations. This supplement would eliminate the 
requirement to update IST programs every 120 months for licensees 
currently applying the 1989 Edition or a later edition of the ASME Code 
incorporated by reference in the regulations.

C. Section 50.55a(f)(4)(ii)

    Section 50.55a(f)(4)(ii) would be revised to specify that, for 
future nuclear power plants, pumps and valves that are classified as 
ASME Code Class 1, 2, or 3 components must conform to the IST 
requirements (except for design and access provisions and preservice 
examination requirements) stated in the latest edition and addenda of 
the ASME OM Code incorporated by reference in the regulations 1 year 
before issuance of the operating license. This supplement would require 
future licensees to meet these IST requirements, according to the 
limitations and modifications specified in the regulations, to the 
extent practical within the design, geometry, and materials of 
construction of the pumps and valves. This supplement would eliminate 
the requirement for future licensees to update their IST programs 
periodically.

D. Section 50.55a(f)(4)(iii)

    Section 50.55a(f)(4)(iii) would be revised to allow licensees to 
apply IST requirements specified in more recent editions and addenda of 
the ASME BPV Code or ASME OM Code. [Section 50.55a(f)(3)(iv) allows 
pumps and valves to be designed to meet test requirements in subsequent 
editions and addenda of the ASME Code.] In particular, this supplement 
would state that licensees may apply the full requirements of 
subsequent editions or addenda of the ASME Code incorporated by 
reference in the regulations, subject to the specified limitations and 
modifications, without requesting specific NRC approval. However, 
should a licensee intend to apply only a portion of a Code edition or 
addenda that is not pre-approved in Sec. 50.55a(b)(4), this supplement 
would require the licensee to obtain prior NRC approval under 
Sec. 50.55a(a)(3), and in addition demonstrate that all related 
requirements are satisfied. This provision is proposed in anticipation 
of possible modification of IST requirements in subsequent editions or 
addenda of the ASME Code to improve test methods or to present more 
significant performance information. As a result of modifying those IST 
requirements, some aspects of the ASME Code might become more difficult 
to implement and other aspects might be relaxed. This supplement would 
ensure that the licensee satisfies the intent of the IST requirements 
when applying only a portion of subsequent editions or addenda of the 
ASME Code. Whether a licensee applies all or a portion of a subsequent 
edition or addenda of the ASME Code, the subsequent edition or addenda 
would become the effective Code of record for the facility.

E. Section 50.55a(f)(5)

    Section 50.55a(f)(5) would be revised to require licensees to 
update their IST programs when a later Code edition or addenda (or 
portions thereof) that has

[[Page 22584]]

been incorporated by reference in the regulations is used on a 
voluntary basis. Accordingly, the NRC is retaining the provision for 
licensees to request relief from those Code requirements that are 
impractical. This supplement would require that, if a pump or valve 
test is found to be impractical, the licensee notify and submit to the 
NRC information to support its determination within 1 year from the 
date on which the test was determined to be impractical. The NRC 
considers this 1-year period to be ample time for licensees to submit a 
relief request to the NRC staff relating to the impracticality of a 
specific test. In addition, when a licensee voluntarily chooses to 
update its IST program to a later Code edition or addenda, the licensee 
is required to submit to the NRC the basis for those test requirements 
determined to be impractical before the start of the revised IST 
program. This supplement would eliminate the requirement that licensees 
justify the impracticality of performing the tests every 120 months. In 
granting requests for relief from specific IST requirements, the NRC 
may apply a time limit on the acceptability of the relief to ensure 
that the licensee considers future plant conditions or equipment that 
might enable the test to be conducted.

F. Section 50.55a(g)(4)(i)

    Section 50.55a(g)(4)(i) would be revised to establish a baseline 
for ISI requirements (except for design and access provisions and 
preservice examination requirements) of specific components for 
currently operating nuclear power plants, subject to the limitations 
and modifications identified in the regulations. In particular, this 
supplement would require components (including supports) classified as 
ASME Code Class 1, 2, or 3 to meet the ISI requirements in the 1989 
Edition or a later edition of the ASME BPV Code, Section XI. As 
discussed for IST requirements, this supplement would allow licensees 5 
years to implement this provision. This supplement would require Class 
MC and Class CC components and their integral attachments to meet the 
ISI requirements in the 1992 Edition with the 1992 Addenda of 
Subsections IWE and IWL of the ASME BPV Code, Section XI, according to 
the implementation schedule in Sec. 50.55a(g)(6)(ii)(B). Finally, this 
supplement would require ASME Code Class 1, 2, or 3 components to 
comply with the provisions in Appendix VIII to Section XI of the ASME 
BPV Code, 1995 Edition with the 1996 Addenda, according to the 
implementation schedule in Sec. 50.55a(g)(6)(ii)(C).

G. Section 50.55a(g)(4)(ii)

    Section 50.55a(g)(4)(ii) would be revised to require components in 
future nuclear power plants to meet the ISI requirements (except for 
design and access provisions and preservice examination requirements) 
stated in the latest edition and addenda of the ASME BPV Code, Section 
XI, incorporated by reference in the regulations 1 year before issuance 
of the operating license. This supplement would require components to 
conform to these ISI requirements, according to the limitations and 
modifications specified in the regulations, to the extent practical 
within the design, geometry, and materials of construction of the 
components. This supplement would eliminate the regulatory requirement 
for licensees of future plants to update their ISI programs 
periodically.

H. Section 50.55a(g)(4)(iii)

    Section 50.55a(g)(4)(iii) would be revised to allow licensees to 
apply the full ISI requirements of more recent editions or addenda of 
the ASME Code incorporated by reference in the regulations, subject to 
the specified limitations and modifications, without requesting prior 
NRC approval. [Under Sec. 50.55a(g)(3)(ii), components may be designed 
to conform to ISI requirements in subsequent editions and addenda of 
the ASME Code.] Similar to IST requirements in Sec. 50.55a(f)(4) which 
permits a licensee to request approval under Sec. 50.55a(a)(3) to use a 
portion of a Code edition or addenda that is not pre-approved in 
Sec. 50.55a(b)(4), the licensee must demonstrate compliance with the 
criteria in Sec. 50.55a(a)(3) as well as demonstrate that all related 
requirements in the Code are satisfied. In that the ISI requirements 
for Class MC and Class CC components and their integral attachments 
would be baselined to the 1992 Edition with the 1992 Addenda of 
Subsections IWE and IWL of Section XI of the ASME BPV Code, a licensee 
would be allowed to update the ISI requirements for Class 1, 2, and 3 
components (including supports) to editions or addenda of the ASME Code 
incorporated by reference in the regulations, subject to the specified 
limitations and modifications, without requesting prior NRC approval 
while maintaining the requirements for Class MC and Class CC components 
to the 1992 baseline edition of the ASME Code. Also, similar to IST, 
the applied edition or addenda of the ASME Code would become the Code 
of record.

I. Section 50.55a(g)(5)

    Section 50.55a(g)(5) would be revised to require licensees to 
update their ISI programs when a later Code edition or addenda (or 
portions thereof) that has been incorporated by reference in the 
regulations is used on a voluntary basis. Similar to IST requirements, 
this supplement would require that, if an examination is found to be 
impractical, the licensee notify and submit to the NRC (for review to 
grant relief) information to support its determination within 1 year 
from the date on which the examination was determined to be 
impractical. In addition, when a licensee voluntarily chooses to update 
its ISI program to a later Code edition or addenda, the licensee is 
required to submit to the NRC the basis for those examinations 
determined to be impractical before the start of the revised ISI 
program. This supplement would eliminate the requirement that licensees 
justify the impracticality of performing the examinations every 120 
months. However, the NRC could apply a time limit on the acceptability 
of an ISI relief request to ensure that the licensee considers future 
plant conditions or equipment that might enable the examination to be 
conducted.

IV. Plain Language

    The Presidential memorandum dated June 1, 1998, entitled, ``Plain 
Language in Government Writing,'' directed that the Federal 
government's writing be in plain language. The NRC requests comments on 
this proposed rule specifically with respect to the clarity and 
effectiveness of the language used. Comments should be sent to the 
address listed above.

V. Finding of No Significant Environmental Impact: Environmental 
Assessment

    As discussed in the proposed rule (December 3, 1997; 62 FR 63892), 
based on an environmental assessment, the Commission 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 the 
proposed amendment to Sec. 50.55a, if adopted, would not have a 
significant effect on the quality of the human environment and, 
therefore, an environmental impact statement is not required. The 
environmental assessment of the proposed rule is available for public 
inspection, and copying for a fee, at the NRC Public Document Room, 
2120 L Street NW (Lower Level), Washington, DC.

[[Page 22585]]

    This supplement to the proposed rule focuses on the NRC's 
consideration of the elimination of the regulatory requirement for 
nuclear power plant licensees to update their ISI and IST programs 
every 120 months to the latest edition or addenda of the ASME Code 
incorporated by reference in the NRC regulations. The ASME Code is 
revised on a continuing basis to provide improved requirements for 
inspecting pressure boundary components and testing pumps and valves in 
nuclear power plants. In reviewing those periodic Code revisions, the 
NRC has generally considered the evolution of the ASME Code to result 
in a net improvement in the measures for inspecting piping and 
components and testing pumps and valves. However, the NRC is finding 
that the safety significance of the periodic revisions to the ASME Code 
is declining as the Code matures. As a result, the NRC considers that 
the establishment of a baseline edition and addenda of the ASME Code 
with the limitations and modifications specified in the NRC regulations 
would provide acceptable ISI and IST requirements to ensure the 
capability of nuclear power plant components to perform their safety 
functions. Further, the NRC plans to continue to review the periodic 
revisions to the ASME Code to determine whether any new ISI or IST 
provisions meet the backfit requirements of 10 CFR 50.109 to mandate 
their implementation by nuclear power plant licensees. The NRC believes 
that the establishment of an acceptable baseline of ISI and IST 
requirements including the limitations and modifications specified in 
the NRC regulations, and the continued review of new Code provisions 
for appropriate application in accordance with 10 CFR 50.109, would 
ensure the adequate protection of public health and safety without the 
need for licensees to update their ISI and IST programs periodically to 
the latest edition or addenda of the ASME Code incorporated by 
reference in the regulations. Therefore, the NRC finds that the 
proposed action to eliminate the periodic updating of ISI and IST 
programs should not increase the potential for a negative environmental 
impact. This discussion constitutes the environmental assessment for 
the elimination of the 120-month update requirement.

VI. Paperwork Reduction Act Statement

    The proposed rule published for public comment on December 3, 1997, 
amended information collection requirements that are subject to the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). These 
requirements were approved by the Office of Management and Budget 
approval number 3150-0011.
    This supplement would reduce the proposed rule burden by 
eliminating the requirement to update the ISI and IST programs every 
120 months. The burden reduction attributable to information 
collections, including revising affected reports, records, and 
procedures is estimated to be 7500 hours per plant every 10 years for 
an average of 750 hours annually. This burden reduction includes the 
time required for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed and completing and 
reviewing the information collection. The burden reduction will be 
included in the revised OMB clearance package prepared for the final 
rule. The U.S. Nuclear Regulatory Commission is seeking public comment 
on the potential impact of the information collections contained in the 
proposed rule supplement and on the following issues:

    1. Is the proposed information collection necessary for the proper 
performance of the functions of the NRC, including whether the 
information will have practical utility?
    2. Is the estimate of paperwork burden accurate?
    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected?
    4. How can the paperwork burden of the information collection be 
minimized, including the use of automated collection techniques?

    Send comments on any aspect of this proposed information 
collection, including suggestions for further reducing the paperwork 
burden, to the Records Management Branch (T-6 F33), U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, or by Internet 
electronic mail at [email protected]; and to the Desk Officer, Office of 
Information and Regulatory Affairs, NEOB-10202, (3150-0011), Office of 
Management and Budget, Washington, DC 20503.
    Comments to OMB on the information collections or on the above 
issues should be submitted by May 27, 1999. Comments received after 
this date will be considered if it is practical to do so, but assurance 
of consideration cannot be given to comments received after this date.
Public Protection Notification
    If a means 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, the information 
collection.

VII. Regulatory Analysis

    The Commission has prepared a draft regulatory analysis for this 
supplement to the proposed amendment to 10 CFR 50.55a published for 
public comment on December 3, 1997. The analysis examines the costs and 
benefits of the alternatives considered by the Commission with respect 
to the proposed elimination of the requirement for licensees to update 
their ISI and IST programs at nuclear power plants every 120 months.
    The Commission requests public comment on the draft analysis for 
this supplement to the proposed amendment to 10 CFR 50.55a. Comments on 
the draft analysis may be submitted to the NRC as indicated under the 
Addresses heading.

VIII. Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C. 
605(b), the Commission certifies that this rule will not, if adopted, 
have a significant economic impact on a 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'' stated in 
the Regulatory Flexibility Act or the Small Business Size Standards 
stated in regulations issued by the Small Business Administration at 13 
CFR Part 121.

IX. Backfit Analysis

    The NRC regulations in 10 CFR 50.55a require that nuclear power 
plant owners (1) construct Class 1, Class 2, and Class 3 components in 
accordance with the rules stated in the 1989 Edition of Section III, 
Division 1, ``Requirements for Construction of Nuclear Power Plant 
Components,'' of the ASME BPV Code; (2) inspect Class 1, Class 2, and 
Class 3 components in accordance with the rules stated in the 1989 
Edition of Section XI, Division 1, ``Requirements for Inservice 
Inspection of Nuclear Power Plant Components,'' of the ASME BPV Code 
with certain limitations and modifications; (3) inspect Class MC (metal 
containment) and Class CC (concrete containment) components in 
accordance with the rules stated in the 1992 Edition with the 1992 
Addenda of Section XI, Division 1, of the ASME BPV Code with certain 
modifications; and (4) test Class 1, Class 2, and Class 3 pumps and 
valves in accordance with the rules stated in the 1989 Edition of

[[Page 22586]]

Section XI, Division 1, of the ASME BPV Code with certain limitations 
and modifications. The NRC regulations also require licensees to update 
their ISI and IST programs every 120 months to comply with the version 
of Section XI of the ASME BPV Code incorporated by reference into 10 
CFR 50.55a and in effect 12 months before the start of a new 120-month 
interval.
    The NRC position on the routine 120-month update of ISI and IST 
programs is that 10 CFR 50.109 does not require a backfit analysis. In 
their comments on the proposed rule, the Nuclear Utility Backfitting 
and Reform Group (NUBARG) and the Nuclear Energy Institute (NEI) 
asserted that the routine updating to incorporate by reference new ASME 
Code provisions for ISI and IST constitutes a backfit for which a 
backfit analysis is required. The NRC has reviewed those comments and 
has concluded that neither NUBARG nor NEI raises legal concerns that 
would alter the previous legal conclusion that the Backfit Rule does 
not require a backfit analysis of routine updates to incorporate new 
ASME Code ISI and IST requirements.
    Notwithstanding the NRC backfit position on the 120-month update 
requirement, the NRC has determined that the overall level of safety 
achieved by adherence to the currently applicable ASME Code, and the 
potentially unnecessary burden on licensees caused by updating ISI and 
IST programs every 120 months, warrant reconsideration of the 120-month 
update requirement. The ASME Code has been revised on a continuing 
basis over the years to provide updated requirements for inspecting 
pressure boundary components and testing pumps and valves in nuclear 
power plants. The NRC has generally considered the evolution of the 
ASME Code to result in a net improvement in the measures for inspecting 
piping and components and testing pumps and valves. As the Code has 
matured, the NRC considers the safety significance of periodic 
revisions to the ASME Code to be declining.
    On the basis of the maturity of the ASME Code, the NRC is proposing 
to modify 10 CFR 50.55a to eliminate the requirement for licensees to 
update their ISI and IST programs beyond a baseline edition and addenda 
of the ASME Code. For future nuclear power plants, the NRC intends to 
continue the requirement that components conform to the ISI and IST 
requirements stated in the latest edition and addenda of the ASME Code 
incorporated by reference in the regulations 1 year preceding issuance 
of the operating license. The NRC also proposes to eliminate the 
requirement for future licensees to update their ISI and IST programs 
periodically. The NRC has concluded that establishment of a baseline 
edition of the ASME Code for ISI and IST requirements does not 
constitute a backfit, since it represents a relaxation when compared 
with the current 120-month update requirement.

X. National Technology Transfer and Advancement Act of 1995

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires all Federal agencies and departments to use 
technical standards that are developed or adopted by voluntary 
consensus standards bodies, using these technical standards as a means 
to carry out policy objectives or activities determined by the agencies 
and departments. This requirement only applies when the participation 
of voluntary consensus standards bodies is in the public interest and 
is compatible with agency and departmental missions, authorities, 
priorities, and budget resources. The NRC will evaluate the 
relationship of Pub. L. 104-113 to the proposal to eliminate the 
regulatory requirement for licensees to update their ISI and IST 
programs every 120 months to the most recent ASME Code incorporated by 
reference in the regulations. The NRC's evaluation will determine 
whether a report (or periodic reports) must be provided to the Office 
of Management and Budget if the 120-month update requirement is 
eliminated.

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, 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, and 5 U.S.C. 553, the proposed rule published 
on December 3, 1997 (62 FR 63892), is proposed to be further amended as 
follows.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

    1. The authority citation for Part 50 continues to read as follows:

    Authority: Sections 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, 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). Section 50.37 also 
issued under E.O. 12829, 3 CFR 1993 Comp., p. 570; E.O. 12958, as 
amended, 3 CFR, 1995 Comp., p. 333; E.O. 12968, 3 CFR 1995 Comp., p. 
391. 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. Section 50.55a is amended by adding paragraph (b)(4), removing 
paragraph (f)(4)(iv), removing and reserving paragraph (g)(4)(iv), and 
revising paragraphs (f)(4)(i), (ii), (iii), and (f)(5), and (g)(4)(i), 
(ii), (iii), and (g)(5) to read as follows:


Sec. 50.55a  Codes and standards.

* * * * *
    (b) * * *
    (4) The following ASME Code cases or specified portions of the ASME 
Codes may be used with the indicated limitations and modifications 
without prior NRC approval.
    (i) [Reserved]
    (ii) [Reserved]
    (iii) Check valves. Licensees may use Appendix II, OM Code, 1995 
Edition with the 1996 Addenda, provided that all portions of the OM 
Code, 1995 Edition with the 1996 Addenda, that apply to check valves 
and the modifications specified in Sec. 50.55a(b)(3)(iv) are also 
implemented.
    (iv) Snubber inservice testing. Licensees may use Subsection ISTD, 
OM Code, 1995 Edition with the 1996 Addenda, for inservice testing (but 
not Section XI inservice inspection) of snubbers by making a change to 
their Technical Specifications in accordance with applicable NRC 
requirements. Licensees choosing to apply the subsection shall apply 
all of its provisions.
    (v) Snubber visual examinations. When using versions of Section XI 
of the ASME Boiler and Pressure Vessel

[[Page 22587]]

Code up to and including the 1995 Edition, Table ISTD 6.5.2-1, 
``Refueling Outage-Based Visual Examination Table,'' of the 1996 
Addenda of the ASME OM Code may be used for scheduling snubber 
examinations in lieu of the table in OM-1987 Part 4.
* * * * *
    (f) * * *
    (4)(i) Throughout the service life of a boiling or pressurized 
water-cooled nuclear power facility whose construction permit was 
issued before {the effective date of the final rule}, pumps and valves 
that are classified as ASME Code Class 1, Class 2, or Class 3 must 
comply with the requirements, except for design and access provisions 
and preservice examination requirements, as stated in Section XI of the 
1989 Edition of the ASME Boiler and Pressure Vessel Code subject to the 
limitations and modifications listed in Sec. 50.55a(b) to the extent 
practical within the limitations of design, geometry, and materials of 
construction of the pumps and valves. Licensees shall implement these 
requirements within 60 months following {the effective date of the 
final rule}.
    (ii) Throughout the service life of a boiling or pressurized water-
cooled nuclear power facility whose construction permit was issued on 
or after {the effective date of the final rule}, pumps and valves that 
are classified as ASME Code Class 1, Class 2, or Class 3 must comply 
with the requirements, except design and access provisions and 
preservice examination requirements, as stated in the latest edition 
and addenda of the ASME Code for Operation and Maintenance of Nuclear 
Power Plants that are incorporated by reference in Sec. 50.55a(b) on 
the date 12 months preceding the date of issuance of the operating 
license subject to the limitations and modifications listed in 
Sec. 50.55a(b) to the extent practical within the limitations of 
design, geometry, and materials of construction of the pumps and 
valves.
    (iii)(A) Inservice tests of pumps and valves may comply with the 
requirements stated in subsequent editions and addenda of the ASME 
Codes that are incorporated by reference in Sec. 50.55a(b), subject to 
the limitations and modifications listed in Sec. 50.55a(b), to the 
extent practical within the limitations of design, geometry, and 
materials of construction of the pumps and valves.
    (B) Portions of those editions or addenda may be used subject to 
Commission approval. The licensee shall demonstrate compliance with the 
criteria in Sec. 50.55a(a)(3), and in addition demonstrate that all 
related requirements are satisfied.
    (5)(i) The inservice test program for a boiling or pressurized 
water-cooled nuclear power facility must be revised by the licensee to 
comply with the requirements of Sec. 55.55a(f)(4)(iii) when used in 
lieu of meeting the requirements of either Secs. 55.55a(f)(4)(i) or 
(f)(4)(ii), as applicable.
    (ii) If a revised inservice test program for a facility conflicts 
with the technical specification for the facility, the licensee shall 
apply to the Commission for amendment of the Technical Specifications 
to conform the technical specification to the revised program. The 
licensee shall submit this application, as specified in Sec. 50.4, at 
least 6 months before the start of the period during which the 
provisions become applicable.
    (iii) If the licensee has determined that conformance with certain 
Code requirements is impractical for its facility, the licensee shall 
notify the Commission and submit, as specified in Sec. 50.4, 
information to support the determination within one year from the date 
on which the test was determined to be impractical.
    (iv) Where a pump or valve test requirement by the Code edition or 
addenda is determined to be impractical by the licensee and is not 
included in the revised inservice testing program as permitted by 
Sec. 50.55a(f)(4)(iii), the basis for this determination must be 
submitted to the Commission before the start of the revised inservice 
testing program.
* * * * *
    (g) * * *
    (4)(i) Throughout the service life of a boiling or pressurized 
water-cooled nuclear power facility whose construction permit was 
issued before {the effective date of the final rule}, and subject to 
the limitations and modifications listed in Sec. 50.55a(b) to the 
extent practical within the limitations of design, geometry, and 
materials of construction of the components:
    (A) Components (including supports) that are classified as ASME 
Code Class 1, Class 2, or Class 3 must meet the requirements, except 
for design and access provisions and preservice examination 
requirements, stated in Section XI of the 1989 Edition of the ASME 
Boiler and Pressure Vessel Code, within 60 months following {the 
effective date of the final rule};
    (B) Components that are classified as Class MC pressure-retaining 
components and their integral attachments, and components that are 
classified as Class CC pressure-retaining components and their integral 
attachments, must comply with the requirements, except for design and 
access provisions and preservice examination requirements, stated in 
the 1992 Edition with the 1992 Addenda of Subsection IWE and Subsection 
IWL of the ASME Boiler and Pressure Vessel Code, Section XI; and
    (C) Components that are classified as ASME Code Class 1, Class 2, 
or Class 3 must comply with the requirements stated in Appendix VIII of 
the ASME Boiler and Pressure Vessel Code, Section XI, 1995 Edition with 
the 1996 Addenda.
    (ii) Throughout the service life of a boiling or pressurized water-
cooled nuclear power facility whose construction permit was issued on 
or after {the effective date of the final rule}, components (including 
supports) that are classified as ASME Code Class 1, Class 2, or Class 
3; Class MC pressure-retaining components and their integral 
attachments; and components that are classified as Class CC pressure-
retaining components and their integral attachments, must comply with 
the requirements, except for design and access provisions and 
preservice examination requirements, stated in the latest edition and 
addenda of Section XI of the ASME Boiler and Pressure Vessel Code that 
are incorporated by reference in Sec. 50.55a(b) on the date 12 months 
preceding the date of issuance of the operating license subject to the 
limitations and modifications listed in Sec. 50.55a(b) to the extent 
practical within the limitations of design, geometry, and materials of 
construction of the components.
    (iii)(A) Inservice examination of components and system pressure 
tests may comply with the inspection requirements stated in subsequent 
editions and addenda of the ASME Boiler and Pressure Vessel Code that 
are incorporated by reference in Sec. 50.55a(b), subject to the 
limitations and modifications listed in Sec. 50.55a(b), to the extent 
practical within the limitations of design, geometry, and materials of 
construction of the components.
    (B) Portions of those editions or addenda may be used subject to 
Commission approval. The licensee shall demonstrate compliance with the 
criteria in Sec. 50.55a(a)(3), and in addition demonstrate that all 
related requirements are satisfied.
    (iv) [Reserved]
* * * * *
    (5)(i) The inservice inspection program for a boiling or 
pressurized water-cooled nuclear power facility

[[Page 22588]]

must be revised by the licensee to meet the requirements of 
Sec. 50.55a(g)(4)(iii) when used in lieu of compliance with the 
requirements of Secs. 50.55a(g)(4)(i) or (g)(4)(ii).
    (ii) If a revised inservice inspection program for a facility 
conflicts with the technical specification for the facility, the 
licensee shall apply to the Commission for amendment of the Technical 
Specifications to conform the technical specification to the revised 
program. The licensee shall submit this application, as specified in 
Sec. 50.4, at least 6 months before the start of the period during 
which the provisions become applicable.
    (iii) If the licensee has determined that conformance with certain 
Code requirements is impractical for its facility, the licensee shall 
notify the Commission and submit, as specified in Sec. 50.4, 
information to support the determinations within one year from the date 
on which the examination was determined to be impractical.
    (iv) Where an examination requirement by the Code edition or 
addenda is determined to be impractical by the licensee and is not 
included in the revised inservice inspection program as permitted by 
Sec. 50.55a(g)(4)(iii), the basis for this determination must be 
submitted to the Commission before the start of the revised inservice 
inspection program.
* * * * *
    Dated at Rockville, MD this 15th day of April 1999.

For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 99-10491 Filed 4-26-99; 8:45 am]
BILLING CODE 7590-01-P