[Federal Register Volume 74, Number 226 (Wednesday, November 25, 2009)]
[Notices]
[Pages 61715-61718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28241]
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NUCLEAR REGULATORY COMMISSION
[NRC-2009-0511]
Proposed Generic Communications; Inservice Inspection and Testing
Requirements of Dynamic Restraints (SNUBBERS)
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of opportunity for public comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or Commission) is
proposing to issue this draft regulatory issue summary (RIS) to remind
licensees of the requirements for the inservice inspection (ISI) and
testing of dynamic restraints (snubbers) under 10 CFR 50.55a(g) and 10
CFR 50.55a(b)(3)(v). This RIS requires no action or written response on
the part of an addressee.
DATES: Comment period expires January 11, 2010. Comments submitted
after this date will be considered if it is practical to do so, but
assurance of consideration cannot be given except for comments received
on or before this date.
ADDRESSES: You may submit comments by any one of the following methods.
Please include Docket ID NRC-2009-0511 in the subject line of your
comments. Comments submitted in writing or in electronic form will be
posted on the NRC Web site and on the Federal rulemaking Web site
Regulations.gov. Because your comments will not be edited to remove any
identifying or contact information, the NRC cautions you against
including any information in your submission that you do not want to be
publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in their comments that they do not want
publicly disclosed.
Federal Rulemaking Web site: Go to http://www.regulations.gov and
search for documents filed under Docket ID NRC-2009-0511. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail
[email protected].
Mail comments to: Michael T. Lesar, Chief, Rulemaking and
Directives Branch (RDB), Division of Administrative Services, Office of
Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, or by fax to RDB at (301) 492-
3446.
You can access publicly available documents related to this notice
using the following methods:
NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's PDR, Public
File Area O1 F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into 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's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
[email protected].
Federal Rulemaking Web site: Public comments and supporting
materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID: NRC-2009-0511.
FOR FURTHER INFORMATION CONTACT: Gurjendra S. Bedi, NRR/DCI/CPTB, at
301-415-1393 or by e-mail at [email protected]
SUPPLEMENTARY INFORMATION:
[[Page 61716]]
NRC Regulatory Issue Summary 2009-XX; Inservice Inspection and Testing
Requirements of Dynamic Restraints (SNUBBERS)
Addressees
All holders of operating licenses for nuclear power reactors under
the provisions of Title 10 of the Code of Federal Regulations (10 CFR)
part 50, ``Domestic Licensing of Production and Utilization
Facilities,'' except those who have permanently ceased operations and
have certified that fuel has been permanently removed from the reactor
vessel.
All holders of, and applicants for, nuclear power plant
construction permits, early site permits, and limited work
authorizations for nuclear power reactors under the provisions of 10
CFR part 50.
Intent
The U.S. Nuclear Regulatory Commission (NRC or Commission) is
issuing this regulatory issue summary (RIS) to remind licensees of the
requirements for the inservice inspection (ISI) and testing of dynamic
restraints (snubbers) under 10 CFR 50.55a(g) and 10 CFR
50.55a(b)(3)(v). This RIS requires no action or written response on the
part of an addressee.
Background
The regulations at 10 CFR 50.55a(b) detail the Codes and standards
that have been approved for inclusion in 10 CFR part 50, including the
effective edition and addenda of the American Society of Mechanical
Engineer (ASME) Boiler and Pressure Vessel (BPV) Code and the ASME Code
for Operation and Maintenance of Nuclear Power Plants (OM Code).
The regulations at 10 CFR 50.55a(g) establish the ISI requirements
that licensees must use when performing ISI of components (including
supports). 10 CFR 50.55a(g)(4) states, ``Throughout the service life of
a boiling or pressurized water-cooled nuclear power facility,
components (including supports) which are classified as ASME Code Class
1, Class 2, and Class 3 must meet the requirements, except design and
access provisions and preservice examination requirements, set forth in
Section XI of editions of the ASME BPV Code and addenda.'' ASME Section
XI provides the rules for ISI of nuclear power plant components.
The regulation at 10 CFR 50.55a(g)(4)(ii) requires the use of the
latest edition and addenda of the Code that has been incorporated by
reference 12 months prior to the beginning of each 120-month inspection
interval. This Code is considered the ``Code of Record'' for the
inspection interval.
The regulation at 10 CFR 50.55a(g)(4)(iv) states that ISI of
components (including supports) may meet the requirements set forth in
subsequent editions to the ``Code of Record'' and addenda that are
incorporated by reference in 10 CFR 50.55a(b), subject to limitations
and modifications listed in 10 CFR 50.55a(b) and subject to Commission
approval.
The regulations at 10 CFR 50.55a(g) require ISI of components
(including supports) without specifically mentioning ``snubbers.''
Consequently, confusion resulted and some licensees mistakenly believed
that ISI and testing of snubbers is not a regulatory requirement. The
NRC clarified, in the final rule dated September 22, 1999, [(Volume 64
of the Federal Register, pages 51370, 51388-89 (64 FR 51370, 51388-
89)], that testing of snubbers is a regulatory requirement and has been
for many years.
The regulations at 10 CFR 50.55a(g)(4) require that ASME Code Class
1, 2, and 3 components (including supports) meet the ISI requirements
of ASME Code Section XI. Article IWF-5000, ``Inservice Inspection
Requirements for Snubbers,'' of ASME Code Section XI provides
requirements for the examination and testing of snubbers in nuclear
power plants. Therefore, inservice examination and testing of snubbers
are required by 10 CFR 50.55a because it incorporates by reference ASME
Section XI requirements, including Article IWF-5000. Article IWF-5000
has required the ISI and testing of snubbers since the first issuance
of Subsection IWF in the Winter 1978 Addenda of ASME Section XI, which
was incorporated in 10 CFR 50.55a in January 1982. Before ASME Section
XI incorporated snubber examination and testing requirements, licensees
used snubber examination and testing requirements as defined in their
plants' TS.
Improved Standard TS for various boiling and pressurized water-
cooled nuclear power plants (NUREG-1430 thru 1434, Revision 3,
published in June 2004) allow relocating inservice examination and
testing requirements of snubbers from the TS to a plant's Technical
Requirements Manual (TRM). However, relocating snubber ISI and testing
requirements from the TS to TRM does not eliminate the need to comply
with the 10 CFR 50.55a requirements.
For plants using their TS to govern ISI and testing of snubbers, 10
CFR 50.55a (g)(5)(ii) requires that if a revised ISI program for a
facility conflicts with the TS, the licensee shall apply to the
Commission for amendment of the TS to conform the TS to the revised
program. Therefore, when performing 120-month ISI program updates in
accordance with 10 CFR 50.55a (g)(4), licensees must submit any
required amendments to ensure their TS remain consistent with the new
code of record or NRC-approved alternative used in lieu of the Code
requirements. The TS governing the snubber ISI and test program do not
eliminate the 10 CFR50.55a requirements to update the program at 120-
month intervals or to request and receive NRC authorization for
alternatives to the Code requirements when appropriate.
The 2004 edition of ASME Section XI and the ASME OM Code are
incorporated in 10 CFR 50.55a (Industry Codes and Standards; Amended
Requirements, 73 FR 52730; September 10, 2008). Article IWF-5000 of the
ASME BPV Code, Section XI, 2004 Edition, requires preservice and
inservice examinations and testing of snubbers at nuclear power plants
as part of the licensee's ISI program in accordance with ASME/American
National Standards Institute Standard for Operation and Maintenance of
Nuclear Power Plants, Part 4 (OM-4), 1987 Edition with OMa-1988
Addenda.
The regulation at 10 CFR 50.55a(b)(3)(v) allows the optional use of
Subsection ISTD, ``Preservice and Inservice Examination and Testing of
Dynamic Restraint (Snubbers) in Light-Water Reactor Nuclear Power
Plants,'' of the ASME OM Code-1995 Edition through the latest edition
and addenda incorporated by reference in 10 CFR 50.55a(b)(3) in lieu of
ASME Section XI, Articles IWF-5200(a) and (b) and IWF-5300(a) and (b)
by making appropriate changes to TS or licensee-controlled documents.
The regulation at 10 CFR 50.55a(b)(3)(v) also states, ``Preservice and
inservice examination must be performed using the VT-3 visual
examination method described in IWA-2213.''
Licensees shall perform the ISI and testing of snubbers in
accordance with ASME Section XI or the OM Code and the applicable
addenda as required by 10 CFR 50.55a(g) or 10 CFR 50.55a(b)(3)(v),
except where the NRC has granted specific written relief, pursuant to
10 CFR 50.55a(g)(6)(i), or authorized alternatives pursuant to 10 CFR
50.55a(3). The regulation at 10 CFR 50.55a(a)(3) states that licensees
may use alternatives to the requirements of 10 CFR 50.55a(g) when
authorized by the NRC if (1) the proposed alternatives would provide an
acceptable level of quality and safety, or (2) compliance
[[Page 61717]]
with the specified requirements would result in hardship or unusual
difficulty without a compensating increase in the level of quality and
safety.
Licensees have the option to control the ASME Code-required
examination and testing of snubbers through their plant's TS or other
licensee-controlled documents (i.e., TRM etc.). However, when these
documents represent an alternative to the code requirements
incorporated by reference in 10 CFR 50.55a, they must be authorized by
the NRC, pursuant to 10 CFR 50.55a(a)(3), on a case by case basis. As
stated in 10 CFR 50.55a(a)(3), the use of an alternative in lieu of the
Code requirements is subject to Commission approval. Additionally,
plant TS may require updating in accordance with 10 CFR
50.55a(g)(5)(ii) if needed to conform them to the program that is in
effect for the 120-month ISI interval.
Discussion
The staff has identified several instances in which nuclear power
plant licensees have used a TRM, or other licensee-controlled documents
and procedures which do not meet requirements of the ``Code of Record''
for the ISI and testing of snubbers without requesting approval to use
these alternatives from the Commission. The staff is issuing this RIS
to remind licensees that they must submit a request and receive NRC
approval to use an alternative to control the examination and testing
of snubbers through their plants licensee-controlled documents (i.e.,
TRM etc.), when they represent a departure from and are used in lieu of
the ASME Section XI or OM Code requirements.
The regulation at 10 CFR 50.55a requires ISI of components
(including supports) in accordance with ASME Section XI or OM Code
requirements. The use of a TRM, or any other licensee-controlled
documents that represent a departure from the Code requirements for
snubber ISI and testing requires NRC approval. The use of alternatives
in lieu of the Code requirements is addressed in 10 CFR 50.55a(a)(3).
When requesting authorization to use an alternative, licensees must
demonstrate the proposed alternative would provide an acceptable level
of quality and safety, or they must demonstrate why compliance with the
Code requirement would result in hardship or unusual difficulty without
a compensating increase in the level of quality and safety.
In addition, for licensees using plant TS to control snubber
examination and testing, the requirement to perform 10-year program
updates in accordance with 10 CFR 50.55a(g)(4) still exists. If the TS
represent an alternative to the requirements of the code edition and
addenda specified in 10 CFR 50.55a(b) that is to be used for the ISI
interval, licensees are required to request authorization from the NRC
to use the alternative in accordance with 10 CFR 50.55a(a)(3). The
regulation at 10 CFR 50.55a(g)(5)(ii) also requires that a licensee
apply for an amendment to conform the TS to the revised program in
cases where there is a conflict between the revised program and the TS.
Some licensees mistakenly concluded that the ISI and testing of
snubbers is not a 10 CFR 50.55a regulatory requirement, because 10 CFR
50.55a requires ISI of components (including supports) without
specifically mentioning snubbers and since snubber examination and
testing was historically covered by a plant's TS. The resulting
confusion led some licensees to believe that they do not need to
request NRC approval to use an alternative (i.e., TS, TRM, or other
licensee-controlled documents) in lieu of the Code requirements. The
Commission has clarified, however, that snubber inspection and testing
is a regulatory requirement.
Typically, if licensees use TS, TRM, or any other licensee-
controlled documents which represent a departure from the ASME Code
requirements for the ISI and testing of snubbers, they would submit an
alternative for NRC approval as required by 10 CFR 50.55a(a)(3). The
authorized alternative becomes a regulatory requirement that may be
used in lieu of ASME Section XI or OM Code requirements for performing
the ISI and testing of snubbers. The NRC staff must review and approve
changes to these requirements for authorization under 10 CFR
50.55a(a)(3) or as an exemption under 10 CFR 50.12, ``Specific
Exemptions.'' Alternatives requested and authorized pursuant to 10 CFR
50.55a(a)(3) are only valid for that particular 10-year ISI interval,
unless specifically authorized for a different period in the associated
NRC safety evaluation. In a subsequent 10-year ISI interval, licensees
must resubmit an alternative for NRC staff review and approval if they
choose not to adopt the ASME Code edition and addenda specified in the
regulations for snubber examination and testing. In addition, for
program changes that create a conflict with the plant TS, the licensee
shall apply for an amendment to conform the TS to the program in
accordance with 10 CFR 50.55a(g)(5)(ii).
Backfit Discussion
This RIS reminds stakeholders of existing regulatory requirements
within 10 CFR 50.55a(b) and 10 CFR 50.55a(g) for the ISI and testing of
dynamic restraints (snubbers). This RIS does not represent a new or
different staff position about the implementation of 10 CFR 50.55a.
This RIS reminds addressees of the need to request NRC approval for the
use of TS, TRM, or other licensee-controlled documents in lieu of the
ASME Code requirements as required by 10 CFR 50.55a(a)(3). It requires
no action or written response beyond what is required in 10 CFR 50.55a.
Any action that addressees take to implement procedural or inspection
changes in accordance with the information in this RIS ensures
compliance with current regulations; and therefore, is not a backfit
under 10 CFR 50.109, ``Backfitting'' and specifically the exception
provided for in 10 CFR 50.109(a)(4)(i). Consequently, the NRC staff did
not perform a backfit analysis.
Federal Register Notification
To be done after the public comments periods.
Congressional Review Act
This RIS is not a rule as designated by the Congressional Review
Act (5 U.S.C. 801-886) and; therefore, is not subject to the Act.
Paperwork Reduction Act Statement
This RIS does not contain any information collections and;
therefore, is not subject to the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
Contact
Please direct any questions about this matter to Gurjendra S. Bedi,
NRR/DCI/CPTB, at 301-415-1393 or by e-mail at [email protected]
End of Draft Regulatory Issue Summary
Documents may be examined, and/or copied for a fee, at the NRC's
Public Document Room at One White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland. Publicly available records will be
accessible electronically from the Agencywide Documents Access and
Management System (ADAMS) Public Electronic Reading Room on the
Internet at the NRC Web site, http://www.nrc.gov/NRC/ADAMS/index.html.
If you do not have access to ADAMS or if you have problems in accessing
the documents in ADAMS, contact the NRC Public Document Room (PDR)
reference staff at 1-800-397-4209
[[Page 61718]]
or 301-415-4737 or by e-mail to [email protected].
Dated at Rockville, Maryland, this 19th day of November 2009.
For The Nuclear Regulatory Commission.
Martin C. Murphy,
Chief, Generic Communications Branch, Division of Policy and
Rulemaking, Office of Nuclear Reactor Regulation.
[FR Doc. E9-28241 Filed 11-24-09; 8:45 am]
BILLING CODE 7590-01-P