[Federal Register Volume 71, Number 208 (Friday, October 27, 2006)]
[Proposed Rules]
[Pages 62942-62947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18023]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 71, No. 208 / Friday, October 27, 2006 /
Proposed Rules
[[Page 62942]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
RIN 3150-AH80
Incorporation by Reference of American Society of Mechanical
Engineers Boiler and Pressure Vessel Code Cases
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its regulations to incorporate by reference the latest revisions of two
previously incorporated regulatory guides (RGs) that approve Code cases
published by the American Society of Mechanical Engineers (ASME). These
RGs are 1.84, ``Design and Fabrication Code Case Acceptability, ASME
Section III,'' Revision 34 and RG 1.147, ``Inservice Inspection Code
Case Acceptability, ASME Section XI, Division 1,'' Revision 15. This
proposed action would allow licensees to use the Code Cases listed in
the regulatory guides as alternatives to requirements in the ASME BPV
Code regarding the construction and inservice inspection of nuclear
power plant components.
DATES: Submit comments on the rule by January 10, 2007. Comments
received after this date will be considered if it is practical to do
so, but the Commission is able to ensure consideration only of comments
received on or before this date.
ADDRESSES: You may submit comments by any one of the following methods.
Please include the following number RIN 3150-AH80 in the subject line
of your comments. Comments on rulemakings submitted in writing or in
electronic form will be made available to the public in their entirety
on the NRC rulemaking web site. Personal information will not be
removed from your comments.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
E-mail comments to: [email protected]. If you do not receive a reply
confirming that we have received your comments, contact us directly at
(301) 415-1966. You may also submit comments via the NRC's rulemaking
Web site at http://ruleforum.llnl.gov. Address questions about our
rulemaking Web site to Carol Gallagher (301) 415-5905; e-mail
[email protected]. Comments can also be submitted via the Federal Rulemaking
Portal http://www.regulations.gov.
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. (Telephone
(301) 415-1966)
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
(301) 415-1101.
Copies of the draft regulatory guides specified in this rulemaking
and other publicly available documents related to this proposed rule,
including public comments received, can be viewed electronically on
public computers in the NRC Public Document Room (PDR), located at One
White Flint North, 11555 Rockville Pike, Rockville, Maryland Room O-1
F21, and open to the public on Federal workdays from 7:45 a.m. until
4:15 p.m. The PDR reproduction contractor will make copies of documents
for a fee. Selected documents, including public comments on the
proposed rule, can be viewed and downloaded electronically via the
NRC's rulemaking Web site at http://ruleform.llnl.gov.
Publicly available NRC documents created or received in connection
with this rulemaking are also available electronically via the NRC's
Electronic Reading Room at http://www.nrc.gov/NRC/reading-rm/
adams.html. From this site, the public can gain entry into the NRC's
Agencywide Document Access and Management System (ADAMS), which
provides text and image files of NRC's public documents. If you do not
have access to ADAMS or if there are problems in accessing the
documents located in ADAMS contact the NRC Public Document Room (PDR)
Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to
[email protected].
Further information about obtaining documents relevant to this
rulemaking, including a list of ADAMS accession numbers, can be found
in the ``Availability of Documents'' Section under the SUPPLEMENTARY
INFORMATION heading.
FOR FURTHER INFORMATION CONTACT: Lee Banic, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone (301) 415-2771, e-mail [email protected].
SUPPLEMENTARY INFORMATION:
Background
The American Society of Mechanical Engineers (ASME) develops and
publishes the Boiler and Pressure Vessel Code (BPV Code), which
contains the Code requirements for the design, construction, and
inservice inspection (ISI) of nuclear power plant components, and the
Code for Operation and Maintenance of Nuclear Power Plants (OM Code),
which contains Code requirements for inservice testing (IST) of nuclear
power plant components. In response to BPV and OM Code user requests,
the ASME develops Code Cases which provide alternatives to BPV and OM
Code requirements under special circumstances.
Discussion
The NRC staff reviews ASME BPV and OM Code Cases, rules upon the
acceptability of each Code Case, and publishes its findings in
regulatory guides. The regulatory guides are revised periodically as
new Code Cases are published by the ASME. The NRC incorporates by
reference the regulatory guides listing acceptable and conditionally
acceptable ASME Code Cases in 10 CFR 50.55a. Currently, NRC Regulatory
Guide 1.84, Revision 33, ``Design, Fabrication, and Materials Code Case
Acceptability, ASME Section III,'' NRC Regulatory Guide 1.147,
Revisions 0 through 14, ``Inservice Inspection Code Case Acceptability,
ASME Section XI, Division 1,'' and NRC Regulatory Guide 1.192,
``Operation and Maintenance Code Case Acceptability, ASME OM Code'' are
incorporated into NRC's regulations, specifically 10 CFR 50.55a,
``Codes and Standards.''
This proposed rule would incorporate by reference the latest
revisions of the NRC regulatory guides that list acceptable and
conditionally acceptable ASME BPV Code Cases. Draft Regulatory Guide
(RG) 1.84, Revision 34
[[Page 62943]]
[temporarily designated DG-1133] would supersede the incorporation by
reference of Revision 33 and Draft RG 1.147, Revision 15 [temporarily
designated DG-1134] would supersede the incorporation by reference of
Revisions 0 through 14. Revision 15 of Regulatory Guide 1.147
supersedes all previous revisions of the RG. To make Regulatory Guide
1.147 easier to use, there was an effort to ensure that the tables of
annulled Code Cases in Revision 15 were all inclusive. The result
should be that licensees will no longer have to refer to multiple
versions of this regulatory guide in managing Code Case usage in their
ISI programs. RG 1.192, Operation and Maintenance Code Case
Acceptability, ASME OM Code (June 2003), has not been revised because
no new OM Code Cases have been published by the ASME since the last NRC
staff review.
The ASME recently changed its policy with regard to the effective
period for Code Cases. Previously, a Code Case was approved with a 3-
year expiration date. With the policy change, a Code Case is approved
without an expiration date and is effective until the ASME takes
action. Some of the Code Cases listed in the regulatory guides were
reviewed by the NRC prior to implementation of the new policy (i.e.,
Code Case reaffirmation dates appear in some tables). Subsequent
revisions of the regulatory guides will reflect the discontinuance of
expiration dates.
The endorsement of a Code Case in NRC RGs constitutes acceptance of
its technical position for applications not precluded by regulatory or
other requirements or by the recommendations in these or other
regulatory guides. The licensee is responsible for ensuring that use of
the Code Case does not conflict with regulatory requirements or
licensee commitments. The Code Cases listed in the RGs are acceptable
for use within the limits specified in the Code Case.
Code Cases may be revised for many reasons, for example to
incorporate operational examination and testing experience and to
update material requirements based on research results. On occasion, an
inaccuracy in an equation is discovered or an examination as practiced
is found not to be adequate to detect a newly discovered degradation
mechanism. Hence, when a licensee initially implements a Code Case, 10
CFR 50.55a requires that the licensee implement the most recent version
of that Code Case as listed in the RGs incorporated by reference. Code
Cases superseded by revision are no longer acceptable for initial
application unless otherwise indicated.
Section III applies only to new construction (i.e., the edition and
addenda to be used in the construction of a plant are selected based on
the date of the construction permit and are not changed thereafter,
except voluntarily by the licensee). Hence, if a Section III Code Case
is implemented by a licensee and a later version of the Code Case is
incorporated by reference into Sec. 50.55a and listed in the RGs, the
licensee may use either version of the Code Case (subject, however, to
whatever change requirements apply to its licensing basis, e.g., 10 CFR
50.59).
Section XI ISI and OM IST programs are updated every 10 years to
the latest edition and addenda of Section XI that was incorporated by
reference into Sec. 50.55a and in effect 12 months before the start of
the next inspection and testing interval. Licensees who were using a
Code Case prior to the effective date of its revision may continue to
use the previous version for the remainder of the 120-month ISI or IST
interval. This relieves licensees of the burden of having to update
their ISI or IST program each time a Code Case is revised by the ASME
and approved for use by the NRC. Since Code Cases are applicable to
specific editions and addenda, and since Code Cases may be revised
because they are no longer accurate or adequate, licensees choosing to
continue using a Code Case during the subsequent ISI interval must
implement the latest version incorporated by reference into Sec.
50.55a and listed in the RGs.
The ASME may annul Code Cases that are no longer required, are
determined to be inaccurate or inadequate, or have been incorporated
into the BPV or OM Code. If a licensee applied a Code Case before it
was listed as annulled or expired, the licensee may continue to use the
Code Case until the licensee updates its construction Code of Record or
until the licensee's 120-month ISI/IST update interval expires, after
which the continued use of the Code Case is prohibited unless NRC
approval is granted under Sec. 50.55a(a)(3).
Concurrent with this action, the NRC is publishing notices of
availability of these draft regulatory guides listing acceptable ASME
BPV Code Cases for public comment. Interested parties may submit
comments to the NRC on the draft guides in accordance with the
instructions published in the Federal Register notices announcing their
availability.
Paragraph-by-Paragraph Discussion
This proposed rule would amend 10 CFR 50.55a to incorporate by
reference RG 1.84 Revision 34, in place of Revision 33, and RG 1.147
Revision 15, in place of Revisions 0 through 14.
1. Paragraph 50.55a(b)
In Sec. 50.55a(b), (b)(4), and (b)(5) the reference to the
revision number for Regulatory Guide 1.84 would be changed from
``Revision 33'' to ``Revision 34'' and the reference to the revision
numbers for Regulatory Guide 1.147 would be changed from ``through
Revision 14'' to ``Revision 15.''
2. Paragraphs 50.55a(f)(2), (f)(3)(iii)(A), (f)(3)(iv)(A), (f)(4)(ii),
(g)(2), (g)(3)(I), (g)(3)(ii), (g)(4)(I), and (g)(4)(ii)
In these paragraphs, the phrase indicating that revisions of
Regulatory Guide 1.147 ``through Revision 14'' are the versions that
are incorporated by reference in Sec. 50.55a(b) would be modified to
read ``Revision 15''. Incorporation by reference of Revision 15 of
Regulatory Guide 1.147 would supersede the incorporation by reference
of all previous revisions. Revision 15 of Regulatory Guide 1.147
supersedes all previous revisions of the RG. The tables of annulled and
superseded Code Cases have been reviewed to ensure that the lists are
all inclusive.
Plain Language
The Presidential memorandum entitled ``Plain Language in Government
Writing'' (63 FR 31883; June 10, 1998) directed that the Government's
writing be in plain language. The NRC requests comments on the proposed
rule specifically with respect to the clarity and effectiveness of the
language used. Comments should be sent using one of the methods
detailed under the ADDRESSES heading of the preamble to this proposed
rule.
Availability of Documents
The NRC is making the documents identified below available to
interested persons through one or more of the following:
Public Document Room (PDR). The NRC Public Document Room is located
at 11555 Rockville Pike, Public File Area O-1 F21, Rockville, Maryland.
Rulemaking Web site (Web). The NRC's interactive rulemaking Web site is
located at http://ruleforum.llnl.gov. Selected documents may be viewed
and downloaded electronically via this Web site.
The NRC's Public Electronic Reading Room (PERR). The NRC's Public
[[Page 62944]]
Electronic Reading Room is located at http://www.nrc.gov/reading-rm.html.
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Document PDR Web e-Reading room
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Proposed Rule--Draft Regulatory Analysis....... X X ML053430094
Proposed Regulatory Guide 1.84, Rev. 34 (DG- X X ML061210377
1133).
Proposed Regulatory Guide 1.147, Rev. 15 (DG- X X ML061210404
1134).
Proposed Regulatory Guide 1.193, Rev 1......... X X ML050270345
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Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, requires agencies to use technical standards
developed or adopted by voluntary consensus standards bodies unless the
use of such standards is inconsistent with applicable law or is
otherwise impractical. In this action, the NRC would amend its
regulations to incorporate by reference regulatory guides that list
ASME BPV Code cases approved by the NRC. ASME Code cases, which are
ASME-approved alternatives to the provisions of ASME Code editions and
addenda, are national consensus standards, as defined in Public Law
104-113 and OMB Circular A-119. They are developed by bodies whose
members (including the NRC and utilities) have broad and varied
interests.
The NRC reviews each Section III and Section XI Code Case published
by the ASME to ascertain whether it is consistent with the safe
operation of nuclear power plants. Those Code cases found to be
generically acceptable are listed in the regulatory guides that are
incorporated by reference in Sec. 50.55a(b). Those that are found to
be unacceptable are listed in Regulatory Guide 1.193, entitled Code
Cases not Approved for Use; but licensees may still seek NRC's approval
to apply these Code cases through the relief request process permitted
in Sec. 50.55a(a)(3). Other Code cases, which the NRC finds to be
conditionally acceptable are also listed in the RGs that are
incorporated by reference along with the modifications and limitations
under which they may be applied. If the NRC did not conditionally
accept ASME Code Cases, it would disapprove these Code cases entirely.
The effect would be that licensees would need to submit a larger number
of relief requests which would be an unnecessary additional burden for
both the licensee and the NRC. The NRC believes that this situation
fits the definition of ``impractical'' under Public Law 104-113. For
these reasons, the treatment of ASME BPV Code cases, and modifications
and conditions placed on them, in this proposed rule does not conflict
with any policy on agency use of consensus standards specified in OMB
Circular A-119.
Finding of No Significant Environmental Impact: Environmental
Assessment
In accordance with 10 CFR 51.30, this environmental assessment is
provided. It discusses the need for the proposed action; alternatives
as required by the National Environmental Policy Act, NEPA; the
environmental impacts of the proposed action and alternatives as
appropriate; and a list of agencies and persons consulted and
identification of sources used.
1. Need for the Proposed Action
This proposed action stems from the Commission's practice of
incorporating by reference the Regulatory Guides listing the most
current set of NRC-approved ASME Code Cases. The purpose of this
proposed action is to allow licensees to use the Code Cases listed in
the regulatory guides as alternatives to requirements in the ASME BPV
Code for the construction and inservice inspection of nuclear power
plant components. This proposed action is intended to advance the NRC's
strategic goals of protecting the public health, safety, and the
environment, ensuring openness in the regulatory process, and promoting
regulatory effectiveness and efficiency. It also demonstrates the
agency's commitment to participate in the national consensus standards
process under the national Technology Transfer and Advancement Act of
1995, Public Law 104-113.
2. Alternatives as Required by NEPA
NEPA requires Federal government agencies to study the impacts of
their ``major Federal actions significantly affecting the quality of
the human environment'' and prepare detailed statements on the
environmental impacts of the proposed action and alternatives to the
proposed action (United States Code, Vol. 42, Section 4332(C) [42
U.S.C. 4332(C)]; NEPA section 102(C)).
The Commission has determined under NEPA, as amended, and the
Commission's regulations in subpart A of 10 CFR part 51, that this
rule, if adopted, would not be a major Federal action significantly
affecting the quality of the human environment and, therefore, an
environmental impact statement is not required. The basis for this
determination is given below.
3. Environmental Impacts of the Proposed Action
As alternatives to the ASME Code, NRC-approved Code Cases provide
an equivalent level of safety. Therefore the probability or
consequences of accidents is not changed. There are also no significant
non-radiological impacts associated with the proposed action because no
changes would be made affecting non-radiological plant effluents nor in
activities that would adversely affect the environment.
4. List of Agencies and Persons Consulted and Sources Used
The determination of this environmental assessment is that there
will be no significant offsite impact to the public from this action.
However, the general public should note that the NRC is seeking public
participation on this assessment. Comments on any aspect of the
environmental assessment may be submitted to the NRC as indicated under
the ADDRESSES heading of this Federal Register notice.
The NRC is sending a copy of the environmental assessment and this
proposed rule to every State Liaison Officer and requesting their
comments on the environmental assessment.
Sources relevant to this rulemaking are the ASME BPV Code and RGs
1.84 Revision 34 and 1.147, Revision 15.
Paperwork Reduction Act Statement
This proposed rule does not contain a new or an 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 number 3150-0011.
Public Protection Notification
NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an
[[Page 62945]]
information collection unless the requesting document displays a
currently valid OMB control number.
Regulatory Analysis
The ASME Code cases listed in the regulatory guides to be
incorporated by reference provide voluntary alternatives to the
provisions in the ASME BPV Code for design, construction, and inservice
inspection (ISI) of specific structures, systems, and components used
in nuclear power plants. Implementation of these Code cases is not
required. Licensees use NRC-approved ASME Code cases to reduce
unnecessary regulatory burden or gain additional operational
flexibility. It would be difficult for the NRC to provide these
advantages independently of the ASME Code case publication process
without expending considerable additional resources. The NRC has
prepared a draft regulatory analysis addressing the qualitative
benefits of the alternatives considered in this proposed rulemaking and
comparing the costs associated with each alternative. The draft
regulatory analysis is available for inspection on public computers in
the NRC Public Document Room, located at One White Flint North, 11555
Rockville Pike, Rockville, Maryland, Room O-1 F21. Copies of the draft
regulatory analysis are also available to the public as indicated under
the Availability of Documents heading in this preamble. Its ADAMS
number is ML053430094.
Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act of 1980, (5
U.S.C. 605(b)), the Commission certifies that this proposed rule would
not impose a significant economical impact on a substantial number of
small entities. This proposed rule would affect only the licensing and
operation of nuclear power plants. The companies that own these plants
are not ``small entities'' as defined in the Regulatory Flexibility Act
or the size standards established by the NRC (10 CFR 2.810).
Backfit Analysis
The provisions in this proposed rulemaking would permit, but would
not require, licensees to apply NRC-approved Code cases, sometimes with
modifications or conditions. Therefore, the implementation of an
approved Code case would be voluntary and would not constitute a
backfit. Thus, the Commission finds that this proposed rule would not
involve any provisions that constitute a backfit as defined in 10 CFR
50.109(a)(1), that the backfit rule would not apply to this proposed
rule, and that a backfit analysis is not required.
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 set forth 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 NRC is proposing to
adopt the following amendments to 10 CFR part 50.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
1. The authority citation for part 50 is 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. 444, 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);
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
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(d),
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. Section 50.55a is amended revising the introductory text of
paragraphs (b), (b)(4), and (b)(5), and paragraphs (f)(2),
(f)(3)(iii)(A), (f)(3)(iv)(A), (f)(4)(ii), (g)(2), (g)(3)(i),
(g)(3)(ii), (g)(4)(i) and (g)(4)(ii) to read as follows:
Sec. 50.55a Codes and standards.
* * * * *
(b) The ASME Boiler and Pressure Vessel Code and the ASME Code for
Operation and Maintenance of Nuclear Power Plants, which are referenced
in paragraphs (b)(1), (b)(2), and (b)(3) of this section, were approved
for incorporation by reference by the Director of the Office of the
Federal Register pursuant to 5 U.S.C. 552(a) and 1 CFR Part 51. NRC
Regulatory Guide 1.84, Revision 34, ``Design, Fabrication, and
Materials Code Case Acceptability, ASME Section III'' [temporarily
designated DG-1133]; NRC Regulatory Guide 1.147, Revision 15,
``Inservice Inspection Code Case Acceptability, ASME Section XI,
Division 1'' [temporarily designated DG-1134]; and Regulatory Guide
1.192, ``Operation and Maintenance Code Case Acceptability, ASME OM
Code,'' (June 2003), have been approved for incorporation by reference
by the Director of the Office of the Federal Register pursuant to 5
U.S.C. 552(a) and 1 CFR Part 51. These regulatory guides list ASME Code
cases which the NRC has approved in accordance with the requirements in
paragraphs (b)(4), (b)(5), and (b)(6). Copies of the ASME Boiler and
Pressure Vessel Code and the ASME Code for Operation and Maintenance of
Nuclear Power Plants may be purchased from the American Society of
Mechanical Engineers, Three Park Avenue, New York, NY 10016. Single
copies of NRC Regulatory Guides 1.84, Revision 34; 1.147, Revision 15;
and 1.192 may be obtained free of charge by writing the Reproduction
and Distribution Services Section, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; or by fax to 301-415-2289; or by e-mail to
[email protected]. Copies of the ASME Codes and NRC Regulatory
Guides incorporated by reference in this section may be inspected at
the NRC Technical Library, Two White Flint North, 11545 Rockville Pike,
Rockville, MD 20852-2738, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ ibr--locations.html.
* * * * *
(4) Design, Fabrication, and Materials Code Cases. Licensees may
apply the ASME Boiler and Pressure Vessel Code cases listed in NRC
Regulatory Guide 1.84, Revision 34, without prior NRC approval subject
to the following:
* * * * *
(5) Inservice Inspection Code Cases. Licensees may apply the ASME
Boiler and Pressure Vessel Code cases listed in Regulatory Guide 1.147,
Revision 15, without prior NRC approval subject to the following:
* * * * *
[[Page 62946]]
(f) * * *
(2) For a boiling or pressurized water-cooled nuclear power
facility whose construction permit was issued on or after January 1,
1971, but before July 1, 1974, pumps and valves which are classified as
ASME Code Class 1 and Class 2 must be designed and be provided with
access to enable the performance of inservice tests for operational
readiness set forth in editions and addenda of Section XI of the ASME
Boiler and Pressure Vessel Code incorporated by reference in paragraph
(b) of this section (or the optional ASME Code cases listed in NRC
Regulatory Guide 1.147, Revision 15, or 1.192 that are incorporated by
reference in paragraph (b) of this section) in effect 6 months before
the date of issuance of the construction permit. The pumps and valves
may meet the inservice test requirements set forth in subsequent
editions of this Code and addenda which are incorporated by reference
in paragraph (b) of this section (or the optional ASME Code cases
listed in NRC Regulatory Guide 1.147, Revision 15, or 1.192 that are
incorporated by reference in paragraph (b) of this section), subject to
the applicable limitations and modifications listed therein.
(3) * * *
(iii) * * *
(A) Pumps and valves, in facilities whose construction permit was
issued before November 22, 1999, which are classified as ASME Code
Class 1 must be designed and be provided with access to enable the
performance of inservice testing of the pumps and valves for assessing
operational readiness set forth in the editions and addenda of Section
XI of the ASME Boiler and Pressure Vessel Code incorporated by
reference in paragraph (b) of this section (or the optional ASME Code
cases listed in NRC Regulatory Guide 1.147, Revision 15, or 1.192 that
are incorporated by reference in paragraph (b) of this section) applied
to the construction of the particular pump or valve or the Summer 1973
Addenda, whichever is later.
* * * * *
(iv) * * *
(A) Pumps and valves, in facilities whose construction permit was
issued before November 22, 1999, which are classified as ASME Code
Class 2 and Class 3 must be designed and be provided with access to
enable the performance of inservice testing of the pumps and valves for
assessing operational readiness set forth in the editions and addenda
of Section XI of the ASME Boiler and Pressure Vessel Code incorporated
by reference in paragraph (b) of this section (or the optional ASME
Code cases listed in NRC Regulatory Guide 1.147, Revision 15, that are
incorporated by reference in paragraph (b) of this section) applied to
the construction of the particular pump or valve or the Summer 1973
Addenda, whichever is later.
* * * * *
(4) * * *
(ii) Inservice tests to verify operational readiness of pumps and
valves, whose function is required for safety, conducted during
successive 120-month intervals must comply with the requirements of the
latest edition and addenda of the Code incorporated by reference in
paragraph (b) of this section 12 months before the start of the 120-
month interval (or the optional ASME Code cases listed in NRC
Regulatory Guide 1.147, Revision 15, or 1.192 that are incorporated by
reference in paragraph (b) of this section), subject to the limitations
and modifications listed in paragraph (b) of this section.
* * * * *
(g) * * *
(2) For a boiling or pressurized water-cooled nuclear power
facility whose construction permit was issued on or after January 1,
1971, but before July 1, 1974, components (including supports) which
are classified as ASME Code Class 1 and Class 2 must be designed and be
provided with access to enable the performance of inservice examination
of such components (including supports) and must meet the preservice
examination requirements set forth in editions and addenda of Section
XI of the ASME Boiler and Pressure Vessel Code incorporated by
reference in paragraph (b) of this section (or the optional ASME Code
cases listed in NRC Regulatory Guide 1.147, Revision 15, that are
incorporated by reference in paragraph (b) of this section) in effect
six months before the date of issuance of the construction permit. The
components (including supports) may meet the requirements set forth in
subsequent editions and addenda of this Code which are incorporated by
reference in paragraph (b) of this section (or the optional ASME Code
cases listed in NRC Regulatory Guide 1.147, Revision 15, that are
incorporated by reference in paragraph (b) of this section), subject to
the applicable limitations and modifications.
(3) * * *
(i) Components (including supports) which are classified as ASME
Code Class 1 must be designed and be provided with access to enable the
performance of inservice examination of these components and must meet
the preservice examination requirements set forth in the editions and
addenda of Section XI of the ASME Boiler and Pressure Vessel Code
incorporated by reference in paragraph (b) of this section (or the
optional ASME Code cases listed in NRC Regulatory Guide 1.147, Revision
15, that are incorporated by reference in paragraph (b) of this
section) applied to the construction of the particular component.
(ii) Components which are classified as ASME Code Class 2 and Class
3 and supports for components which are classified as ASME Code Class
1, Class 2, and Class 3 must be designed and be provided with access to
enable the performance of inservice examination of these components and
must meet the preservice examination requirements set forth in the
editions and addenda of Section XI of the ASME Boiler and Pressure
Vessel Code incorporated by reference in paragraph (b) of this section
(or the optional ASME Code cases listed in NRC Regulatory Guide 1.147,
Revision 15, that are incorporated by reference in paragraph (b) of
this section) applied to the construction of the particular component.
* * * * *
(4) * * *
(i) Inservice examination of components and system pressure tests
conducted during the initial 120-month inspection interval must comply
with the requirements in the latest edition and addenda of the Code
incorporated by reference in paragraph (b) of this section on the date
12 months before the date of issuance of the operating license (or the
optional ASME Code cases listed in NRC Regulatory Guide 1.147, Revision
15, that are incorporated by reference in paragraph (b) of this
section, subject to the limitations and modifications listed in
paragraph (b) of this section.
(ii) Inservice examination of components and system pressure tests
conducted during successive 120-month inspection intervals must comply
with the requirements of the latest edition and addenda of the Code
incorporated by reference in paragraph (b) of this section 12 months
before the start of the 120-month inspection interval (or the optional
ASME Code cases listed in NRC Regulatory Guide 1.147, Revision 15, that
are incorporated by reference in paragraph (b) of this section),
subject to the limitations and modifications listed in paragraph (b) of
this section.
* * * * *
Dated at Rockville, Maryland, this 5th day of September, 2006.
[[Page 62947]]
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E6-18023 Filed 10-26-06; 8:45 am]
BILLING CODE 7590-01-P