[Federal Register Volume 75, Number 85 (Tuesday, May 4, 2010)]
[Proposed Rules]
[Pages 24324-24361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9700]



[[Page 24323]]

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Part III





Nuclear Regulatory Commission





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10 CFR Part 50



 American Society of Mechanical Engineers (ASME) Codes and New and 
Revised ASME Code Cases; Proposed Rule

  Federal Register / Vol. 75 , No. 85 / Tuesday, May 4, 2010 / Proposed 
Rules  

[[Page 24324]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

RIN 3150-AI35
[NRC 2008-0554]


American Society of Mechanical Engineers (ASME) Codes and New and 
Revised ASME Code Cases

AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: Proposed rule.

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SUMMARY: The NRC proposes to amend its regulations to incorporate by 
reference the 2005 Addenda through 2008 Addenda of Section III, 
Division 1, and the 2005 Addenda through 2008 Addenda of Section XI, 
Division 1, of the ASME Boiler and Pressure Vessel Code (ASME B&PV 
Code); and the 2005 Addenda and 2006 Addenda of the ASME Code for 
Operation and Maintenance of Nuclear Power Plants (ASME OM Code). The 
NRC also proposes to incorporate by reference ASME Code Case N-722-1, 
``Additional Examinations for PWR Pressure Retaining Welds in Class 1 
Components Fabricated With Alloy 600/82/182 Materials Section XI, 
Division 1,'' and Code Case N-770, ``Alternative Examination 
Requirements and Acceptance Standards for Class 1 PWR [Pressurized-
Water Reactor] Piping and Vessel Nozzle Butt Welds Fabricated with UNS 
N06082 or UNS W86182 Weld Filler Material with or without Application 
of Listed Mitigation Activities.''

DATES: Submit comments by July 19, 2010. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to ensure consideration only of comments received on or before 
this date.

ADDRESSES: Please include Docket ID NRC-2008-0554 in the subject line 
of your comments For instructions on submitting comments and accessing 
documents related to this action, see Section I, ``Submitting Comments 
and Accessing Information'' in the SUPPLEMENTARY INFORMATION section of 
this document. You may submit comments by any one of the following 
methods.
    Federal Rulemaking Web Site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2008-0554. Address 
questions about NRC dockets to Carol Gallagher, telephone 301-492-3668, 
e-mail [email protected].
    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 e-mail confirming that we have received your comments, 
contact us directly at 301-415-1677.
    Hand-deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone 
301-415-1677)
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
301-415-1101.
    You may submit comments on the information collections by the 
methods indicated in the Paperwork Reduction Act Statement.

FOR FURTHER INFORMATION CONTACT: L. Mark Padovan, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone 301-415-1423, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

I. Submitting Comments and Accessing Information
II. Background
III. Discussion of NRC Approval of New Edition and Addenda to the 
Code, ASME Code Cases N-722-1 and N-770, and Other Proposed Changes 
to 10 CFR 50.55a
    a. Quality Standards, ASME Codes and Institute of Electrical and 
Electronics Engineers (IEEE) Standards, and Alternatives
    b. Applicant/Licensee-Proposed Alternatives to the Requirements 
of 10 CFR 50.55a
    c. Standards Approved for Incorporation by Reference
    d. ASME B&PV Code, Section III
    e. ASME B&PV Code, Section XI
    f. ASME OM Code
    g. Reactor Coolant Pressure Boundary, Quality Group B 
Components, and Quality Group C Components
    h. Inservice Testing Requirements
    i. Inservice Inspection Requirements
    j. Substitution of the Term ``Condition'' in 10 CFR 50.55a
IV. Paragraph-by-Paragraph Discussion
V. Generic Aging Lessons Learned (GALL) Report
VI. Specific Request for Comments
VII. Voluntary Consensus Standards
VIII. Finding of No Significant Environmental Impact: Environmental 
Assessment
IX. Paperwork Reduction Act Statement
X. Regulatory and Backfit Analysis
XI. Regulatory Flexibility Certification

I. Submitting Comments and Accessing Information

    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.
    You can access publicly available documents related to this 
document, including the following documents, 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, Room 
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 proposed rule can be found at http://www.regulations.gov by searching on Docket ID NRC-2008-0554.

----------------------------------------------------------------------------------------------------------------
                                                                                  Rulemaking Web
                           Document                                   PDR              site        Reading room
----------------------------------------------------------------------------------------------------------------
ASME B&PV Code*...............................................               X   ...............  ..............
ASME Code Case N-770*.........................................               X   ...............  ..............
ASME Code Case N-772-1*.......................................               X   ...............  ..............

[[Page 24325]]

 
ASME OM Code*.................................................               X   ...............  ..............
EPRI Report NP-5151**, ``Evaluation of Reactor Vessel Beltline  ...............  ...............  ..............
 Integrity Following Unanticipated Operating Events,'' April
 1987.........................................................
Final Safety Evaluation by the Office of Nuclear Reactor                     X   ...............     ML081140105
 Regulation on Topical Report NEI 94-01, Revision 2,
 ``Industry Guideline for Implementing Performance-Based
 Option of 10 CFR Part 50, Appendix J,'' June 25, 2008........
GALL Report, NUREG-1801, Rev.1, September 2005:
    Volume 1,.................................................               X   ...............     ML052770419
    Volume 2..................................................               X   ...............     ML052780376
NQA-1*, ``Quality Assurance Requirements for Nuclear            ...............  ...............  ..............
 Facilities,'' 1994 Edition...................................
NUREG-1800, Rev. 1, ``Standard Review Plan for Review of                     X   ...............     ML052770566
 License Renewal Applications for Nuclear Power Plants,
 September 2005...............................................
Regulatory and Backfit Analysis for proposed rule.............               X                X      ML092510270
Regulatory Guide 1.178, ``An Approach for Plant-Specific Risk-               X   ...............  ..............
 Informed Decisionmaking for Inservice Inspection of Piping''.
Regulatory Guide 1.193, Revision 2, ``ASME Code Cases not                    X   ...............     ML072470294
 Approved for Use.''..........................................
Regulatory Guide 1.200, ``An Approach for Determining the                    X   ...............  ..............
 Technical Adequacy of Probabilistic Risk Assessment Results
 for Risk-Informed Activities''...............................
Standard Review Plan 3.9.8, ``Risk-Informed Inservice                        X   ...............  ..............
 Inspection of Piping''.......................................
----------------------------------------------------------------------------------------------------------------
* Available on the ASME Web site.
** Available on the EPRI Web site.

II. Background

    The ASME develops and publishes the ASME B&PV Code, which contains 
requirements for the design, construction, and inservice inspection 
(ISI) of nuclear power plant components; and the ASME OM Code, which 
contains requirements for inservice testing (IST) of nuclear power 
plant components. The ASME issues new editions of the ASME B&PV Code 
every 3 years and issues addenda to the editions yearly except in years 
when a new edition is issued. Periodically, the ASME publishes new 
editions and addenda of the ASME OM Code. The new editions and addenda 
typically revise provisions of the Codes to broaden their 
applicability, add specific elements to current provisions, delete 
specific provisions, and/or clarify them to narrow the applicability of 
the provision. The revisions to the editions and addenda of the Codes 
do not significantly change Code philosophy or approach.
    The ASME B&PV and OM Codes are national voluntary consensus 
standards, and are required by the National Technology Transfer and 
Advancement Act of 1995, Public Law 104-113, to be used by government 
agencies instead of government-unique standards, unless the use of such 
a standard is inconsistent with applicable law or is otherwise 
impractical. It has been the NRC's practice to review new editions and 
addenda of the ASME B&PV and OM Codes and periodically update 10 CFR 
50.55a to incorporate newer editions and addenda by reference. The NRC 
approves and/or mandates the use of editions and addenda of the Codes 
in 10 CFR 50.55a through the rulemaking process of ``incorporation by 
reference.'' As such, each provision of the Codes incorporated by 
reference into, and mandated by, 10 CFR 50.55a constitutes a legally-
binding NRC requirement imposed by rule. As the Codes are consensus 
documents, there may be disagreement among the technical experts 
regarding what constitutes an acceptable level of safety. The NRC 
proposed conditions enhance the provisions in the Code in instances 
where the NRC has determined that the provisions do not provide an 
acceptable level of safety. In other instances, research data or 
experience has shown that certain Code provisions are unnecessarily 
conservative, and the NRC has determined that the Code revisions are 
acceptable. This rulemaking is the latest in a series of rulemakings 
which incorporate by reference new editions and/or addenda of the Codes 
which are approved for use, either unconditionally or with conditions. 
The editions and addenda of the ASME B&PV and OM Codes were last 
incorporated by reference into the regulations in a final rule dated 
September 10, 2008 (73 FR 52730), as corrected on October 2, 2008 (73 
FR 57235), incorporating Section III of the 2004 Edition of the ASME 
B&PV Code, Section XI of the 2004 Edition of the ASME B&PV Code, and 
the 2004 Edition of the ASME OM Code, subject to NRC conditions.

III. Discussion of NRC Approval of New Edition and Addenda to the 
Codes, ASME Code Cases N-722-1 and N-770, and Other Proposed Changes to 
10 CFR 50.55a

    The NRC proposes to amend its regulations to incorporate by 
reference the 2005 Addenda through 2008 Addenda of Section III, 
Division 1, and Section XI, Division 1 of the ASME B&PV Code; and the 
2005 Addenda and 2006 Addenda of the ASME OM Code into 10 CFR 50.55a. 
The NRC also proposes to incorporate by reference Code Case N-770, and 
revision 1 to Code Case N-722, which was incorporated by reference into 
the NRC's regulations on September 10, 2008 (73 FR 52729).
    The NRC follows a three-step process to determine acceptability of 
new provisions in new editions and addenda to the Codes, and the need 
for conditions on the uses of these Codes. This process was employed in 
the review of the Codes that are the subjects of this proposed rule. 
First, NRC staff actively participates with other ASME committee 
members with full involvement in discussions and technical debates in 
the development of new and revised Codes. This includes a technical 
justification in support of each new or revised Code. Second, the NRC 
committee representatives discuss the Codes and technical 
justifications with other cognizant NRC staff to ensure an adequate 
technical review. Finally, the proposed NRC position on each Code is 
reviewed and approved by NRC management as part of the rulemaking 
amending 10 CFR 50.55a to incorporate by reference new editions and 
addenda of the ASME Codes, and conditions on

[[Page 24326]]

their use. This regulatory process, when considered together with the 
ASME's own process for developing and approving ASME Codes provides 
reasonable assurances that the NRC approves for use only those new and 
revised Code edition and addenda (with conditions as necessary) that 
provide reasonable assurance of adequate protection to public health 
and safety and that do not have significant adverse impacts on the 
environment.
    The NRC reviewed changes to the Codes in the editions and addenda 
of the Codes identified in this rulemaking. The NRC concluded, in 
accordance with the process for review of changes to the Codes, that 
each of the editions and addenda of the Codes, and the 1994 Edition of 
NQA-1, are technically adequate, consistent with current NRC 
regulations, and approved for use with the specified conditions. Table 
1 identifies where the NRC proposes to change (clarify the regulation; 
or impose new, revise existing, or remove conditions in) 10 CFR 50.55a. 
Due to the extent of the proposed revisions to 10 CFR 50.55a(b)(2), the 
NRC is proposing to revise this portion of the regulations in its 
entirety, including the redesignation of paragraphs within the section. 
These proposed redesignations are also outlined in Table 1 of this 
document.

Table 1--Redesignation of Paragraphs and Description of Proposed Changes
                            to 10 CFR 50.55a
------------------------------------------------------------------------
                                     Current           Description of
      Proposed regulation           regulation        proposed changes
------------------------------------------------------------------------
 Applicant/Licensee-Proposed Alternatives to the Requirements of 10 CFR
                                 50.55a
------------------------------------------------------------------------
Paragraph (a).................  Paragraph (a)....  Revise to title the
                                                    paragraph Quality
                                                    standards, ASME
                                                    Codes and IEEE
                                                    standards, and
                                                    alternatives.
Paragraph (a)(3)..............  Paragraph (a)(3).  Revise to clarify
                                                    that an alternative
                                                    is to be submitted
                                                    to, and approved by,
                                                    the NRC prior to
                                                    implementing the
                                                    alternative.
------------------------------------------------------------------------
            Standards Approved for Incorporation by Reference
------------------------------------------------------------------------
Introductory text to paragraph  Introductory text  Revise to title the
 (b).                            to paragraph (b).  paragraph Standards
                                                    approved for
                                                    incorporation by
                                                    reference. Revise to
                                                    incorporate by
                                                    reference the ASME
                                                    B&PV Code, Section
                                                    III, Division 1
                                                    (excluding Non-
                                                    mandatory
                                                    Appendices), and
                                                    Section XI, Division
                                                    1, and ASME OM Code,
                                                    which are referenced
                                                    in paragraphs
                                                    (b)(1), (b)(2), and
                                                    (b)(3) of this
                                                    section. In
                                                    addition, ASME Code
                                                    Cases N-722-1 and
                                                    N[dash]770 would be
                                                    incorporated by
                                                    reference.
------------------------------------------------------------------------
                       ASME B&PV Code, Section III
------------------------------------------------------------------------
Introductory text to paragraph  Introductory text  Revise to clarify the
 (b)(1).                         to paragraph       wording and include
                                 (b)(1).            the 1974 Edition
                                                    (Division 1) through
                                                    the 2008 Addenda
                                                    (Division 1),
                                                    subject to
                                                    conditions. Change
                                                    ``limitations and
                                                    modifications'' to
                                                    ``conditions.''
Paragraph (b)(1)(ii)..........  Paragraph          Revise the current
                                 (b)(1)(ii),        conditions on the
                                 ``Weld leg         use of stress
                                 dimensions''.      indices used for
                                                    welds in piping
                                                    design under
                                                    Subarticles NB-3600,
                                                    NC-3600, and ND-
                                                    3600. Make editorial
                                                    corrections and
                                                    additions.
Introductory text to paragraph  Introductory text  Revise to include the
 (b)(1)(iii).                    to paragraph       latest addenda to
                                 (b)(1)(iii),       Section III of the
                                 ``Seismic design   ASME B&PV Code (2006
                                 of piping''.       Addenda through the
                                                    2008 Addenda) and
                                                    Subarticle NB-3200
                                                    of the 2004 Edition
                                                    through the 2008
                                                    Addenda of the ASME
                                                    B&PV Code subject to
                                                    the condition
                                                    outlined in
                                                    paragraph
                                                    (b)(1)(iii)(B).
                                                    Change
                                                    ``limitation'' to
                                                    ``condition.''
Paragraphs (b)(1)(iii)(A),      .................  Add new conditions on
 (b)(1)(iii)(B), and                                the use of
 (b)(1)(iii)(C).                                    Subarticles NB-3200,
                                                    NB-3600, NC-3600 and
                                                    ND-3600 identified
                                                    in the introductory
                                                    text to paragraph
                                                    (b)(1)(iii).
Paragraph (b)(1)(iv)..........  Paragraph          Revise to incorporate
                                 (b)(1)(iv)         by reference the
                                 ``Quality          1994 Edition of NQA-
                                 assurance''.       1, ``Quality
                                                    Assurance
                                                    Requirements for
                                                    Nuclear
                                                    Facilities.''
Paragraph (b)(1)(vii).........  .................  Add a new condition
                                                    to prohibit the use
                                                    of paragraph NB-7742
                                                    of the 2006 Addenda
                                                    up to and including
                                                    the 2007 Edition and
                                                    2008 Addenda of the
                                                    ASME B&PV Code,
                                                    Section III.
------------------------------------------------------------------------
                       ASME B&PV Code, Section XI
------------------------------------------------------------------------
Introductory text to paragraph  Introductory text  Revise to clarify the
 (b)(2).                         to paragraph       wording and
                                 (b)(2).            incorporate by
                                                    reference the 2005
                                                    Addenda through 2008
                                                    Addenda of the ASME
                                                    B&PV Code into Sec.
                                                     50.55a; only
                                                    Subsections IWA,
                                                    IWB, IWC, IWD, IWE,
                                                    IWF, IWL; Mandatory
                                                    and Non-Mandatory
                                                    Appendices of
                                                    Division 1 are
                                                    incorporated by
                                                    reference into 10
                                                    CFR 50.55a, with
                                                    conditions. Change
                                                    ``limitations and
                                                    modifications'' to
                                                    ``conditions.''
NA............................  Paragraph          Remove because
                                 (b)(2)(i),         licensees are no
                                 ``Limitations on   longer using the
                                 specific           1974 and 1977
                                 editions and       Editions and addenda
                                 addenda''.         of the ASME B&PV
                                                    Code.
Paragraph (b)(2)(i)...........  Paragraph          Redesignate paragraph
                                 (b)(2)(ii),        (b)(2)(ii) as
                                 ``Pressure-        paragraph (b)(2)(i).
                                 retaining welds
                                 in ASME Code
                                 Class 1 piping
                                 (applies to
                                 Table IWB-2500
                                 and IWB-2500-1
                                 and Category B-
                                 J''.
NA............................  Paragraph          Remove because the
                                 (b)(2)(iii),       condition in the
                                 ``Steam            paragraph is
                                 generator tubing   redundant to the
                                 (modifies          1989 Edition through
                                 Article IWB-       the 2008 Addenda of
                                 2000)''.           Section XI.

[[Page 24327]]

 
NA............................  Paragraph          Remove because
                                 (b)(2)(iv),        licensees are no
                                 ``Pressure         longer using these
                                 retaining welds    older editions and
                                 in ASME Code       addenda of the code.
                                 Class 2 piping''.
NA............................  Paragraph          Remove because
                                 (b)(2)(v), re:     licensees are no
                                 Evaluation         longer using the
                                 procedures and     Winter 1983 Addenda
                                 acceptance         and the Winter 1984
                                 criteria for       Addenda of Section
                                 austenitic         XI.
                                 piping.
Paragraph (b)(2)(ii)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(vi),        (b)(2)(vi) as
                                 ``Effective        paragraph
                                 edition and        (b)(2)(ii). Change
                                 addenda of         ``modified and
                                 Subsection IWE     supplemented'' to
                                 and Subsection     ``conditioned.''
                                 IWL, Section
                                 XI''.
Paragraph (b)(2)(iii).........  Paragraph          Redesignate paragraph
                                 (b)(2)(vii),       (b)(2)(vii) as
                                 ``Section XI       paragraph
                                 references to OM   (b)(2)(iii).
                                 Part 4, OM Part
                                 6 and OM Part 10
                                 (Table IWA-1600-
                                 1)''.
Paragraph (b)(2)(iv)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(viii),      (b)(2)(viii) as
                                 ``Examination of   paragraph
                                 concrete           (b)(2)(iv), and
                                 containments''.    revise the
                                                    introductory text to
                                                    remove the
                                                    conditions in
                                                    redesignated
                                                    paragraphs
                                                    (b)(2)(iv)(F) and
                                                    (b)(2)(iv)(G) when
                                                    using the 2007
                                                    Edition with 2008
                                                    Addenda of the ASME
                                                    Code, Section XI.
Paragraph (b)(2)(v)...........  Paragraph          Redesignate paragraph
                                 (b)(2)(ix),        (b)(2)(ix) as
                                 ``Examination of   paragraph (b)(2)(v),
                                 metal              and revise the
                                 containments and   introductory text to
                                 the liners of      remove the
                                 concrete           conditions in
                                 containments''.    redesignated
                                                    paragraphs
                                                    (b)(2)(v)(F),
                                                    (b)(2)(v)(G),
                                                    (b)(2)(v)(H) and
                                                    (b)(2)(v)(I) when
                                                    applying the 2004
                                                    Edition with 2006
                                                    Addenda through the
                                                    2007 Edition with
                                                    2008 Addenda of the
                                                    ASME Code, Section
                                                    XI and remove the
                                                    condition in
                                                    redesignated
                                                    paragraph
                                                    (b)(2)(v)(I) when
                                                    applying the 2004
                                                    Edition, up to and
                                                    including, the 2005
                                                    Addenda. Add a new
                                                    condition as
                                                    paragraph
                                                    (b)(2)(v)(J) on the
                                                    use of Article IWE-
                                                    5000 of Subsection
                                                    IWE when applying
                                                    the 2007 Edition up
                                                    to and including the
                                                    2008 Addenda of the
                                                    ASME Code, Section
                                                    XI.
Paragraph (b)(2)(vi)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(x),         (b)(2)(x) as
                                 ``Quality          paragraph
                                 assurance''.       (b)(2)(vi).
Paragraph (b)(2)(vii).........  Paragraph          Redesignate paragraph
                                 (b)(2)(xi)         (b)(2)(xi) as
                                 [Reserved].        paragraph
                                                    (b)(2)(vii).
Paragraph (b)(2)(viii)........  Paragraph          Redesignate paragraph
                                 (b)(2)(xii),       (b)(2)(xii) as
                                 ``Underwater       paragraph
                                 welding''.         (b)(2)(viii).
Paragraph (b)(2)(ix)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(xiii)       (b)(2)(xiii) as
                                 [Reserved].        paragraph
                                                    (b)(2)(ix).
Paragraph (b)(2)(x)...........  Paragraph          Redesignate paragraph
                                 (b)(2)(xiv),       (b)(2)(xiv) as
                                 ``Appendix VIII    paragraph (b)(2)(x).
                                 personnel
                                 qualification''.
Paragraph (b)(2)(xi)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(xv),        (b)(2)(xv) as
                                 ``Appendix VIII    paragraph (b)(2)(xi)
                                 specimen set and   and revise it so
                                 qualification      that existing
                                 requirements''.    conditions would not
                                                    apply to the 2007
                                                    Edition through the
                                                    2008 Addenda of
                                                    Section XI. Change
                                                    ``provisions'' to
                                                    ``conditions'' in
                                                    the introductory
                                                    text to redesignated
                                                    paragraphs
                                                    (b)(2)(xi),
                                                    (b)(2)(xi)(B),
                                                    (b)(2)(xi)(C),
                                                    (b)(2)(xi)(D),
                                                    (b)(2)(xi)(E),
                                                    (b)(2)(xi)(F),
                                                    (b)(2)(xi)(G),
                                                    (b)(2)(xi)(K), and
                                                    (b)(2)(xi)(K)(1).
                                                    Change ``provisions
                                                    of'' to ``conditions
                                                    in'' in paragraph
                                                    (b)(2)(xi)(G)(3).
                                                    Change ``modified''
                                                    and ``modification''
                                                    to ``conditioned''
                                                    and ``condition'' in
                                                    (b)(2)(xi)(K)(2)(i),
                                                    (b)(2)(xi)(K)(2)(iii
                                                    ),
                                                    (b)(2)(xi)(K)(3)(i),
                                                    (b)(2)(xi)(K)(3)(ii)
                                                    , (b)(2)(xi)(K)(4),
                                                    and (b)(2)(xi)(L),
                                                    where applicable.
Paragraph (b)(2)(xii).........  Paragraph          Redesignate paragraph
                                 (b)(2)(xvi),       (b)(2)(xvi) as
                                 ``Appendix VIII    paragraph
                                 single side        (b)(2)(xii). Change
                                 ferritic vessel    ``modified'' to
                                 and piping and     ``conditioned'' in
                                 stainless steel    redesignated
                                 piping             paragraphs
                                 examination''.     (b)(2)(xii)(A) and
                                                    (b)(2)(xii)(B).
Paragraph (b)(2)(xiii)........  Paragraph          Redesignate paragraph
                                 (b)(2)(xvii),      (b)(2)(xvii) as
                                 ``Reconciliation   paragraph
                                 of Quality         (b)(2)(xiii).
                                 Requirements''.
Paragraph (b)(2)(xiv)(A)......  Paragraph          Redesignate paragraph
                                 (b)(2)(xviii)(A)   (b)(2)(xviii)(A) as
                                 ,                  paragraph
                                 ``Certification    (b)(2)(xiv)(A).
                                 of NDE
                                 personnel''.
Paragraph (b)(2)(xiv)(B)......  Paragraph          Redesignate paragraph
                                 (b)(2)(xviii)(B)   (b)(2)(xviii)(B) as
                                 ,                  paragraph
                                 ``Certification    (b)(2)(xiv)(B), and
                                 of NDE             revise it so that
                                 personnel''.       existing condition
                                                    would not apply to
                                                    the 2007 Edition
                                                    through the 2008
                                                    Addenda of Section
                                                    XI.
Paragraph (b)(2)(xiv)(C)......  Paragraph          Redesignate paragraph
                                 (b)(2)(xviii)(C)   (b)(2)(xviii)(C) as
                                 ,                  paragraph
                                 ``Certification    (b)(2)(xiv)(C), and
                                 of NDE             revise it such that
                                 personnel''.       the existing
                                                    conditions on the
                                                    qualification of VT-
                                                    3 examination
                                                    personnel would not
                                                    apply to the 2005
                                                    Addenda through the
                                                    2008 Addenda of
                                                    Section XI.
Paragraph (b)(2)(xv)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(xix),       (b)(2)(xix) as
                                 ``Substitution     paragraph
                                 of alternative     (b)(2)(xv), and
                                 methods''.         revise it so that
                                                    existing conditions
                                                    for the substitution
                                                    of alternative
                                                    examination methods
                                                    would not apply when
                                                    using the 2005
                                                    Addenda through the
                                                    2008 Addenda.
Paragraph (b)(2)(xvi).........  Paragraph          Redesignate paragraph
                                 (b)(2)(xx),        (b)(2)(xx) as
                                 ``System leakage   paragraph
                                 tests''.           (b)(2)(xvi).
Paragraph (b)(2)(xvii)........  Paragraph          Redesignate paragraph
                                 (b)(2)(xxi),       (b)(2)(xxi) as
                                 ``Table IWB-2500-  paragraph
                                 1 examination      (b)(2)(xvii).
                                 requirements''.

[[Page 24328]]

 
Paragraph (b)(2)(xviii).......  Paragraph          Redesignate paragraph
                                 (b)(2)(xxii),      (b)(2)(xxii) as
                                 ``Surface          paragraph
                                 examination''.     (b)(2)(xviii).
Paragraph (b)(2)(xix).........  Paragraph          Redesignate paragraph
                                 (b)(2)(xxiii),     (b)(2)(xxiii) as
                                 ``Evaluation of    paragraph
                                 thermally cut      (b)(2)(xix).
                                 surfaces''.
Paragraph (b)(2)(xx)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(xxiv),      (b)(2)(xxiv) as
                                 ``Incorporation    paragraph
                                 of the             (b)(2)(xx), and
                                 performance        revise it so that
                                 demonstration      existing condition
                                 initiative and     would not apply when
                                 addition of        using the 2007
                                 ultrasonic         Edition through the
                                 examination        2008 Addenda.
                                 criteria''.
Paragraph (b)(2)(xxi).........  Paragraph          Redesignate paragraph
                                 (b)(2)(xxv),       (b)(2)(xxv) as
                                 ``Mitigation of    paragraph
                                 defects by         (b)(2)(xxi).
                                 modification''.
Paragraph (b)(2)(xxii)........  Paragraph          Redesignate paragraph
                                 (b)(2)(xxvi),      (b)(2)(xxvi) as
                                 ``Pressure         paragraph
                                 testing class 1,   (b)(2)(xxii).
                                 2, and 3
                                 mechanical
                                 joints''.
Paragraph (b)(2)(xxiii).......  Paragraph          Redesignate paragraph
                                 (b)(2)(xxvii),     (b)(2)(xxvii) as
                                 ``Removal of       paragraph
                                 insulation''.      (b)(2)(xxiii), and
                                                    revise it to refer
                                                    to IWA-5242 of the
                                                    2003 Addenda through
                                                    the 2006 Addenda or
                                                    IWA-5241 of the 2007
                                                    Edition through the
                                                    2008 Addenda of
                                                    Section XI of the
                                                    ASME B&PV Code for
                                                    performing VT-2
                                                    visual examination
                                                    of insulated
                                                    components in
                                                    systems borated for
                                                    the purpose of
                                                    controlling
                                                    reactivity.
New paragraph (b)(2)(xxiv),     NA...............  Add to place
 ``Analysis of flaws''.                             conditions on the
                                                    use of Section XI,
                                                    Nonmandatory
                                                    Appendix A,
                                                    ``Analysis of
                                                    Flaws.''
New paragraph (b)(2)(xxv),      NA...............  Add to place
 ``Evaluation of unanticipated                      condition specifying
 operating events''.                                that Section E-1200
                                                    of the ASME B&PV
                                                    Code, Section XI,
                                                    Nonmandatory
                                                    Appendix E,
                                                    ``Evaluation of
                                                    Unanticipated
                                                    Operating Events,''
                                                    is not acceptable
                                                    for use.
New paragraph (b)(2)(xxvi),     NA...............  Add condition that
 ``Nonmandatory Appendix R''.                       would require
                                                    licensees to submit
                                                    an alternative in
                                                    accordance with Sec.
                                                      50.55a(a)(3), and
                                                    obtain NRC
                                                    authorization of the
                                                    proposed alternative
                                                    prior to
                                                    implementing Section
                                                    XI,
                                                    Non[dash]Mandatory
                                                    Appendix R, RI-ISI
                                                    programs.
------------------------------------------------------------------------
                              ASME OM Code
------------------------------------------------------------------------
Introductory text to paragraph  Introductory text  Revise to incorporate
 (b)(3).                         to paragraph       by reference the
                                 (b)(3).            2005 and 2006
                                                    Addenda of the ASME
                                                    OM Code; Subsections
                                                    ISTA, ISTB, ISTC,
                                                    ISTD; Mandatory
                                                    Appendices I and II;
                                                    and Nonmandatory
                                                    Appendices A through
                                                    H and J of the ASME
                                                    OM Code into Sec.
                                                    50.55a. Change
                                                    ``limitations and
                                                    modifications'' to
                                                    ``conditions.''
Paragraph (b)(3)(v)...........  Paragraph          Revise to recognize
                                 (b)(3)(v),         that snubbers are
                                 ``Subsection       tested in accordance
                                 ISTD''.            with Section ISTD of
                                                    the ASME OM Code
                                                    when using the 2006
                                                    Addenda and later
                                                    editions and addenda
                                                    of Section XI of the
                                                    ASME B&PV Code.
Paragraph (b)(3)(vi)..........  Paragraph          Revise to state that
                                 (b)(3)(vi),        this paragraph
                                 ``Exercise         applies only when
                                 interval for       using the 1999
                                 manual valves''.   through 2005 Addenda
                                                    of the ASME OM Code,
                                                    as the 2006 Addenda
                                                    of the ASME OM Code
                                                    was revised to be
                                                    consistent with the
                                                    conditions in
                                                    paragraph
                                                    (b)(3)(vi).
------------------------------------------------------------------------
   Reactor Coolant Pressure Boundary, Quality Group B Components, and
                       Quality Group C Components
------------------------------------------------------------------------
Paragraphs (c)(3), (d)(2) and   Paragraphs         Revise to replace
 (e)(2).                         (c)(3), (d)(2)     ``but--'' with
                                 and (e)(2).        ``subject to the
                                                    following
                                                    conditions'' at the
                                                    end of the
                                                    introductory text to
                                                    the paragraphs for
                                                    clarity.
------------------------------------------------------------------------
                            Inservice Testing
------------------------------------------------------------------------
Paragraphs (f)(2), (f)(3)(v),   Paragraphs         Change ``limitations
 and (f)(4).                     (f)(2),            and modifications''
                                 (f)(3)(v), and     to ``conditions.''
                                 (f)(4).
Paragraph (f)(5)(iv)..........  Paragraph          Revise to clarify
                                 (f)(5)(iv).        that licensees are
                                                    required to submit
                                                    requests for relief
                                                    based on
                                                    impracticality
                                                    within 12 months
                                                    after the expiration
                                                    of the IST interval
                                                    for which relief is
                                                    being sought.
------------------------------------------------------------------------
                          Inservice Inspection
------------------------------------------------------------------------
Paragraph (g)(2)..............  Paragraph (g)(2).  Revise to include
                                                    provisions for
                                                    examination and
                                                    testing snubbers in
                                                    Subsection ISTD of
                                                    the ASME OM Code,
                                                    and the optional
                                                    ASME code cases
                                                    listed in Regulatory
                                                    Guide 1.192. Change
                                                    ``limitations and
                                                    modifications'' to
                                                    ``conditions.''
Paragraph (g)(3)(i)...........  Paragraph          Revise to include
                                 (g)(3)(i).         provisions for
                                                    examination and
                                                    testing snubbers in
                                                    Subsection ISTD of
                                                    the ASME OM Code,
                                                    and the optional
                                                    ASME code cases
                                                    listed in Regulatory
                                                    Guide 1.192.
Paragraph (g)(3)(ii)..........  Paragraph          Revise to include the
                                 (g)(3)(ii).        provisions for
                                                    examination and
                                                    testing snubbers in
                                                    Subsection ISTD of
                                                    the ASME OM Code,
                                                    and the optional
                                                    ASME code cases
                                                    listed in Regulatory
                                                    Guide 1.192.
Paragraph (g)(3)(v)...........  Paragraph          Change ``limitations
                                 (g)(3)(v).         and modifications''
                                                    to ``conditions.''

[[Page 24329]]

 
Introductory text to paragraph  Introductory text  Revise to include the
 (g)(4).                         to paragraph       provisions for
                                 (g)(4).            examination and
                                                    testing snubbers in
                                                    Subsection ISTD of
                                                    the ASME OM Code.
                                                    Change
                                                    ``limitation'' to
                                                    ``condition'' and
                                                    ``modifications'' to
                                                    ``conditions.''
Paragraph (g)(4)(i)...........  Paragraph          Revise to include the
                                 (g)(4)(i).         provisions for
                                                    examination and
                                                    testing snubbers in
                                                    Subsection ISTD of
                                                    the ASME OM Code,
                                                    and the optional
                                                    ASME code cases
                                                    listed in Regulatory
                                                    Guide 1.192. Change
                                                    ``limitations and
                                                    modifications'' to
                                                    ``conditions.''
Paragraph (g)(4)(ii)..........  Paragraph          Revise to include the
                                 (g)(4)(ii).        provisions for
                                                    examination and
                                                    testing snubbers in
                                                    Subsection ISTD of
                                                    the ASME OM Code,
                                                    and the optional
                                                    ASME code cases
                                                    listed in Regulatory
                                                    Guide 1.192. Change
                                                    ``limitations and
                                                    modifications'' to
                                                    ``conditions.''
Paragraph (g)(4)(iii).........  Paragraph          Revise to provide the
                                 (g)(4)(iii).       proper references to
                                                    Section XI, Table
                                                    IWB-2500-1,
                                                    ``Examination
                                                    Category B-J,'' Item
                                                    Numbers B9.20, B9.21
                                                    and B9.22.
Paragraph (g)(4)(iv)..........  Paragraph          Change ``limitations
                                 (g)(4)(iv).        and modifications''
                                                    to ``conditions.''
Paragraph (g)(5)(iii).........  Paragraph          Revise to clarify
                                 (g)(5)(iii).       that a request for
                                                    relief must be
                                                    submitted to the NRC
                                                    no later than 12
                                                    months after the
                                                    examination has been
                                                    attempted during a
                                                    given ISI interval
                                                    and the ASME B&PV
                                                    Code requirement
                                                    determined to be
                                                    impractical.
Paragraph (g)(5)(iv)..........  Paragraph          Revise to clarify
                                 (g)(5)(iv).        that licensees are
                                                    required to submit
                                                    requests for relief
                                                    based on
                                                    impracticality
                                                    within 12 months
                                                    after the expiration
                                                    of the ISI interval
                                                    for which relief is
                                                    being sought.
Paragraph (g)(6)(ii)(B).......  Paragraph          Change
                                 (g)(6)(ii)(B).     ``modifications and
                                                    limitations'' to
                                                    ``conditions.''
Paragraphs (g)(6)(ii)(E)(1),    Paragraphs         Revise to update the
 (g)(6)(ii)(E)(2), and           (g)(6)(ii)(E)(1)   requirements to Code
 (g)(6)(ii)(E)(3).               ,                  Case N-722-1.
                                 (g)(6)(ii)(E)(2)
                                 , and
                                 (g)(6)(ii)(E)(3)
                                 , ``Reactor
                                 coolant pressure
                                 boundary visual
                                 inspections''.
New paragraph (g)(6)(ii)(F),    NA...............  Add to incorporate
 ``Inspection requirements for                      ASME Code Case N-
 class 1 pressurized water                          770, ``Alternative
 reactor piping and vessel                          Examination
 nozzle butt welds''.                               Requirements and
                                                    Acceptance Standards
                                                    for Class 1 PWR
                                                    Piping and Vessel
                                                    Nozzle Butt Welds
                                                    Fabricated with UNS
                                                    N06082 or UNS W86182
                                                    Weld Filler Material
                                                    With or Without
                                                    Application of
                                                    Listed Mitigation
                                                    Activities, Section
                                                    XI, Division 1,''
                                                    with conditions,
                                                    into 10 CFR 50.55a.
Footnote 1....................  Footnote 1.......  Revise footnote 1 to
                                                    clarify what portion
                                                    of welds has to be
                                                    inspected during the
                                                    plant interval that
                                                    remains after
                                                    January 1, 2009.
------------------------------------------------------------------------

    For redesignated paragraphs in 10 CFR 50.55a, Table 2 cross-
references the proposed regulations with the current regulations, and 
Table 3 cross-references the current regulations with the proposed 
regulations.

      Table 2--Cross Reference of Proposed Regulations With Current
                               Regulations
------------------------------------------------------------------------
                                                       Description of
      Proposed regulation            Current              proposed
                                    regulation         redesignations
------------------------------------------------------------------------
                       ASME B&PV Code, Section XI
------------------------------------------------------------------------
Paragraph (b)(2)(i)...........  Paragraph          Redesignate paragraph
                                 (b)(2)(ii).        (b)(2)(ii) as
                                                    paragraph (b)(2)(i).
Paragraph (b)(2)(ii)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(vi).        (b)(2)(vi) as
                                                    paragraph
                                                    (b)(2)(ii).
Paragraph (b)(2)(iii).........  Paragraph          Redesignate paragraph
                                 (b)(2)(vii).       (b)(2)(vii) as
                                                    paragraph
                                                    (b)(2)(iii).
Paragraph (b)(2)(iv)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(viii).      (b)(2)(viii) as
                                                    paragraph
                                                    (b)(2)(iv).
Paragraph (b)(2)(v)...........  Paragraph          Redesignate paragraph
                                 (b)(2)(ix).        (b)(2)(ix) as
                                                    paragraph (b)(2)(v).
Paragraph (b)(2)(vi)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(x).         (b)(2)(x) as
                                                    paragraph
                                                    (b)(2)(vi).
Paragraph (b)(2)(vii).........  Paragraph          Redesignate paragraph
                                 (b)(2)(xi).        (b)(2)(xi) as
                                                    paragraph
                                                    (b)(2)(vii).
Paragraph (b)(2)(viii)........  Paragraph          Redesignate paragraph
                                 (b)(2)(xii).       (b)(2)(xii) as
                                                    paragraph
                                                    (b)(2)(viii).
Paragraph (b)(2)(ix)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(xiii).      (b)(2)(xiii) as
                                                    paragraph
                                                    (b)(2)(ix).
Paragraph (b)(2)(x)...........  Paragraph          Redesignate paragraph
                                 (b)(2)(xiv).       (b)(2)(xiv) as
                                                    paragraph (b)(2)(x).
Paragraph (b)(2)(xi)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(xv).        (b)(2)(xv) as
                                                    paragraph
                                                    (b)(2)(xi).
Paragraph (b)(2)(xii).........  Paragraph          Redesignate paragraph
                                 (b)(2)(xvi).       (b)(2)(xvi) as
                                                    paragraph
                                                    (b)(2)(xii).
Paragraph (b)(2)(xiii)........  Paragraph          Redesignate paragraph
                                 (b)(2)(xvii).      (b)(2)(xvii) as
                                                    paragraph
                                                    (b)(2)(xiii).
Paragraph (b)(2)(xiv)(A)......  Paragraph          Redesignate paragraph
                                 (b)(2)(xviii)(A).  (b)(2)(xviii)(A) as
                                                    paragraph
                                                    (b)(2)(xiv)(A).
Paragraph (b)(2)(xiv)(B)......  Paragraph          Redesignate paragraph
                                 (b)(2)(xviii)(B).  (b)(2)(xviii)(B) as
                                                    paragraph
                                                    (b)(2)(xiv)(B).
Paragraph (b)(2)(xiv)(C)......  Paragraph          Redesignate paragraph
                                 (b)(2)(xviii)(C).  (b)(2)(xviii)(C) as
                                                    paragraph
                                                    (b)(2)(xiv)(C).
Paragraph (b)(2)(xv)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(xix).       (b)(2)(xix) as
                                                    paragraph
                                                    (b)(2)(xv).
Paragraph (b)(2)(xvi).........  Paragraph          Redesignate paragraph
                                 (b)(2)(xx).        (b)(2)(xx) as
                                                    paragraph
                                                    (b)(2)(xvi).
Paragraph (b)(2)(xvii)........  Paragraph          Redesignate paragraph
                                 (b)(2)(xxi).       (b)(2)(xxi) as
                                                    paragraph
                                                    (b)(2)(xvii).
Paragraph (b)(2)(xviii).......  Paragraph          Redesignate paragraph
                                 (b)(2)(xxii).      (b)(2)(xxii) as
                                                    paragraph
                                                    (b)(2)(xviii).
Paragraph (b)(2)(xix).........  Paragraph          Redesignate paragraph
                                 (b)(2)(xxiii).     (b)(2)(xxiii) as
                                                    paragraph
                                                    (b)(2)(xix).
Paragraph (b)(2)(xx)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(xxiv).      (b)(2)(xxiv) as
                                                    paragraph
                                                    (b)(2)(xx).
Paragraph (b)(2)(xxi).........  Paragraph          Redesignate paragraph
                                 (b)(2)(xxv).       (b)(2)(xxv) as
                                                    paragraph
                                                    (b)(2)(xxi).
Paragraph (b)(2)(xxii)........  Paragraph          Redesignate paragraph
                                 (b)(2)(xxvi).      (b)(2)(xxvi) as
                                                    paragraph
                                                    (b)(2)(xxii).

[[Page 24330]]

 
Paragraph (b)(2)(xxiii).......  Paragraph          Redesignate paragraph
                                 (b)(2)(xxvii).     (b)(2)(xxvii) as
                                                    paragraph
                                                    (b)(2)(xxiii).
------------------------------------------------------------------------


      Table 3--Cross Reference of Current Regulations With Proposed
                               Regulations
------------------------------------------------------------------------
                                                       Description of
      Current regulation             Proposed             proposed
                                    regulation         redesignations
------------------------------------------------------------------------
                       ASME B&PV Code, Section XI
------------------------------------------------------------------------
Paragraph (b)(2)(ii)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(i).         (b)(2)(ii) as
                                                    paragraph (b)(2)(i).
Paragraph (b)(2)(vi)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(ii).        (b)(2)(vi) as
                                                    paragraph
                                                    (b)(2)(ii).
Paragraph (b)(2)(vii).........  Paragraph          Redesignate paragraph
                                 (b)(2)(iii).       (b)(2)(vii) as
                                                    paragraph
                                                    (b)(2)(iii).
Paragraph (b)(2)(viii)........  Paragraph          Redesignate paragraph
                                 (b)(2)(iv).        (b)(2)(viii) as
                                                    paragraph
                                                    (b)(2)(iv).
Paragraph (b)(2)(ix)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(v).         (b)(2)(ix) as
                                                    paragraph (b)(2)(v).
Paragraph (b)(2)(x)...........  Paragraph          Redesignate paragraph
                                 (b)(2)(vi).        (b)(2)(x) as
                                                    paragraph
                                                    (b)(2)(vi).
Paragraph (b)(2)(xi)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(vii).       (b)(2)(xi) as
                                                    paragraph
                                                    (b)(2)(vii).
Paragraph (b)(2)(xii).........  Paragraph          Redesignate paragraph
                                 (b)(2)(viii).      (b)(2)(xii) as
                                                    paragraph
                                                    (b)(2)(viii).
Paragraph (b)(2)(xiii)........  Paragraph          Redesignate paragraph
                                 (b)(2)(ix).        (b)(2)(xiii) as
                                                    paragraph
                                                    (b)(2)(ix).
Paragraph (b)(2)(xiv).........  Paragraph          Redesignate paragraph
                                 (b)(2)(x).         (b)(2)(xiv) as
                                                    paragraph (b)(2)(x).
Paragraph (b)(2)(xv)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(xi).        (b)(2)(xv) as
                                                    paragraph
                                                    (b)(2)(xi).
Paragraph (b)(2)(xvi).........  Paragraph          Redesignate paragraph
                                 (b)(2)(xii).       (b)(2)(xvi) as
                                                    paragraph
                                                    (b)(2)(xii).
Paragraph (b)(2)(xvii)........  Paragraph          Redesignate paragraph
                                 (b)(2)(xiii).      (b)(2)(xvii) as
                                                    paragraph
                                                    (b)(2)(xiii).
Paragraph (b)(2)(xviii)(A)....  Paragraph          Redesignate paragraph
                                 (b)(2)(xiv)(A).    (b)(2)(xviii)(A) as
                                                    paragraph
                                                    (b)(2)(xiv)(A).
Paragraph (b)(2)(xviii)(B)....  Paragraph          Redesignate paragraph
                                 (b)(2)(xiv)(B).    (b)(2)(xviii)(B) as
                                                    paragraph
                                                    (b)(2)(xiv)(B).
Paragraph (b)(2)(xviii)(C)....  Paragraph          Redesignate paragraph
                                 (b)(2)(xiv)(C).    (b)(2)(xviii)(C) as
                                                    paragraph
                                                    (b)(2)(xiv)(C).
Paragraph (b)(2)(xix).........  Paragraph          Redesignate paragraph
                                 (b)(2)(xv).        (b)(2)(xix) as
                                                    paragraph
                                                    (b)(2)(xv).
Paragraph (b)(2)(xx)..........  Paragraph          Redesignate paragraph
                                 (b)(2)(xvi).       (b)(2)(xx) as
                                                    paragraph
                                                    (b)(2)(xvi).
Paragraph (b)(2)(xxi).........  Paragraph          Redesignate paragraph
                                 (b)(2)(xvii).      (b)(2)(xxi) as
                                                    paragraph
                                                    (b)(2)(xvii).
Paragraph (b)(2)(xxii)........  Paragraph          Redesignate paragraph
                                 (b)(2)(xviii).     (b)(2)(xxii) as
                                                    paragraph
                                                    (b)(2)(xviii).
Paragraph (b)(2)(xxiii).......  Paragraph          Redesignate paragraph
                                 (b)(2)(xix).       (b)(2)(xxiii) as
                                                    paragraph
                                                    (b)(2)(xix).
Paragraph (b)(2)(xxiv)........  Paragraph          Redesignate paragraph
                                 (b)(2)(xx).        (b)(2)(xxiv) as
                                                    paragraph
                                                    (b)(2)(xx).
Paragraph (b)(2)(xxv).........  Paragraph          Redesignate paragraph
                                 (b)(2)(xxi).       (b)(2)(xxv) as
                                                    paragraph
                                                    (b)(2)(xxi).
Paragraph (b)(2)(xxvi)........  Paragraph          Redesignate paragraph
                                 (b)(2)(xxii).      (b)(2)(xxvi) as
                                                    paragraph
                                                    (b)(2)(xxii).
Paragraph (b)(2)(xxvii).......  Paragraph          Redesignate paragraph
                                 (b)(2)(xxiii).     (b)(2)(xxvii) as
                                                    paragraph
                                                    (b)(2)(xxiii).
------------------------------------------------------------------------

    The following paragraphs contain the NRC's evaluation of the 
changes to the Code editions and addenda (including new Code 
provisions) and Code Cases N-722-1 and N-770, where the NRC proposes to 
add new, revise existing, or remove conditions in 10 CFR 50.55a.

Quality Standards, ASME Codes and Institute of Electrical and 
Electronics Engineers (IEEE) Standards, and Alternatives

10 CFR 50.55a(a)
    The NRC proposes to add the paragraph heading ``Quality standards, 
ASME Codes and IEEE standards, and alternatives'' to Sec.  50.55a(a). 
This will be consistent with paragraph headings throughout 10 CFR 
50.55a.

Applicant/Licensee-Proposed Alternatives to the Requirements of 10 CFR 
50.55a

10 CFR 50.55a(a)(3)
    The current regulations at Sec.  50.55a(a)(3) do not clearly convey 
that alternatives to the requirements of Sec. Sec.  50.55a(c), (d), 
(e), (f), (g), and (h) must be submitted to, and authorized by, the NRC 
prior to implementing the alternatives. Licensees have misinterpreted 
Sec.  50.55a(a)(3) and erroneously concluded that it is permissible to 
obtain NRC authorization of an alternative after its implementation. 
The NRC proposes to add a sentence to Sec.  50.55a(a)(3) to clarify 
that an alternative must be submitted to, and authorized by, the NRC 
prior to implementing the alternative.

Standards Approved for Incorporation by Reference

10 CFR 50.55a(b)
    The NRC proposes to add the paragraph heading ``Standards approved 
for incorporation by reference'' to Sec.  50.55a(b). This will be 
consistent with paragraph headings throughout 10 CFR 50.55a.
    The question has arisen many times in the past of whether 
Subsection NE, ``Class MC Components;'' Subsection NF, ``Supports;'' 
Subsection NG, ``Core Support Structures;'' and Appendices of the ASME 
B&PV Code, Section III, are NRC requirements. The NRC is clarifying in 
this section how the regulations in 10 CFR 50.55a apply to these 
Section III subsections and appendices. This discussion sets forth the 
NRC's views regarding the applicable NRC requirements, clarifies which 
portions of Section III are approved for use by applicants and 
licensees, identifies which portions of Section III are NRC 
requirements, and which portions of Section III are not covered by the 
regulations in 10 CFR 50.55a. The requirements of Subsection NH, 
``Class 1 Components in Elevated Temperature Service,'' of Section III 
are already addressed in Sec.  50.55a(b)(1)(vi), and the bases for 
these requirements have been discussed in the final rule (69 FR 58804) 
issued on October 1, 2004, that amended 10 CFR 50.55a to incorporate by 
reference the 2001 Edition up to and including the 2003 Addenda of the 
ASME Code, Section III.
    First, it should be noted that in 10 CFR 50.55a, the NRC mandates 
the use of Section III, Division 1, rules for ASME Code Class 1, 2, and 
3 components in 10 CFR 50.55a(c), (d) and (e), respectively. 
Specifically, 10 CFR 50.55a(c), (d) and (e) state that for applicants 
constructing a nuclear power plant, those components which are part of 
the reactor coolant pressure boundary must meet the requirements for 
Class 1 components in Section III (e.g.,

[[Page 24331]]

Subsection NB, ``Class 1 Components''); components classified as 
Quality Group B must meet the requirements for Class 2 components 
(e.g., Subsection NC, ``Class 2 Components''); and components 
classified as Quality Group C must meet the requirements for Class 3 
components (e.g., Subsection ND, ``Class 3 Components''). The NRC 
considers the rules of Subsection NCA and Section III mandatory 
appendices to be mandated as well, but only as they apply to Class 1, 
2, and 3 components because the language in 10 CFR 50.55a(c), (d) and 
(e) also covers general requirements in Subsection NCA and mandatory 
appendices in Section III that are applicable to Class 1, 2, and 3 
components.
    In addition, the introductory text of 10 CFR 50.55a(b) states, in 
part, that the ASME Code, Section III, is approved for incorporation by 
reference by the Director of the Federal Register pursuant to 5 U.S.C. 
552(a) and 1 CFR part 51. However, the regulatory language does not 
identify specific subsections in Section III that are incorporated by 
reference, and one can only assume that all of Section III (including 
all subsections, appendices and Division 2 and 3 rules) are 
incorporated by reference. Although it is clear that Subsections NB, NC 
and ND are regulatory requirements because they are mandated by 10 CFR 
50.55a(c), (d) and (e) as discussed in this document, the lack of 
specific rule language in 10 CFR 50.55a mandating the use of 
Subsections NE, NF, and NG have created confusion about the regulatory 
requirements applicable to Subsections NE, NF, and NG. Subsection NE 
provides rules for constructing metal containment components (Class 
MC). Subsection NF provides rules for constructing supports for Class 
1, 2, 3, and MC components. Subsection NG provides rules for 
constructing reactor core support structures. In this sense, 
``constructing'' is an all-inclusive term that comprises the design, 
fabrication, installation, examination, testing, inspection and 
selection of materials for nuclear power plant components.
    The NRC is, therefore, clarifying that when Subsections NE, NF and 
NG are incorporated by reference, but not mandated, these subsections 
are not NRC requirements. Rather, the NRC considers Subsections NE, NF 
and NG to be approved by the NRC for use by applicants and licensees of 
nuclear power plants by virtue of the NRC's overall approval of Section 
III, Division 1 rules without condition. In this manner, approval of 
the rules in Subsections NE, NF and NG is similar to regulatory 
guidance provided in NRC regulatory guides in that it provides an 
acceptable method for meeting NRC requirements and, in this particular 
case, in 10 CFR Part 50, Appendix A, General Design Criterion (GDC) 1, 
``Quality standards and records.'' Applicants and licensees may propose 
means other than those specified by the provisions in Subsections NE, 
NF and NG for meeting the applicable regulation. It should be noted 
that the NRC reviews an applicant's proposed means of meeting the 
requirements of GDC 1 as part of its review of an application for each 
manufacturing license, standard design approval, standard design 
certification and combined license under 10 CFR part 52 and for each 
construction permit and operating license under 10 CFR part 50 using 
the guidelines of NRC NUREG-0800, ``Standard Review Plan [SRP] for the 
Review of Safety Analysis Reports for Nuclear Power Plants--LWR 
Edition.'' During its review of new reactor designs under 10 CFR part 
52, the NRC is reviewing the criteria and extent of compliance of 
standard plant designs and combined licenses with the rules of the 
specific edition and addenda to Subsections NE, NF and NG for 
applicability to these new reactor designs. The process being used by 
the NRC in the review of Subsections NE, NF, and NG for new reactors as 
described in this document is essentially the same process used by the 
NRC for the licensing of all nuclear power plants since the SRP was 
first issued in 1975. Therefore, this clarification does not establish 
new positions or requirements in the regulatory application of 
Subsections NE, NF and NG to the construction of nuclear power plants.
    Because the NRC staff participates on the ASME Code committees in 
the development of and revisions to Subsections NE, NF and NG, the NRC 
is cognizant of the acceptability of the Code rules applicable to 
Subsections NE, NF and NG. NRC use of consensus technical standards 
meets the requirements of Public Law 104-113, ``National Technology 
Transfer and Advancement Act of 1995,'' which requires Federal agencies 
to use technical standards that are developed by voluntary consensus 
standards bodies, instead of government-unique standards, as a means to 
carry out policy objectives or activities determined by Federal 
agencies, unless contrary to law or the use of the standard is 
impractical.
    Consistent with this discussion, the NRC does not propose to 
substantially change the language in the introductory text to 10 CFR 
50.55a(b). The NRC proposes to modify the regulatory language in the 
introductory text of 10 CFR 50.55a(b) to clarify that non-mandatory 
appendices are excluded from Section III rules that are incorporated by 
reference because the NRC does not review the acceptability of non-
mandatory Section III appendices. Similarly, the NRC proposes to 
clarify in the introductory text of 10 CFR 50.55a(b) that only Division 
1 rules of Section III and Section XI are incorporated by reference 
(i.e., Divisions 2 and 3 rules are not incorporated by reference and 
are not approved by the NRC regulations in 10 CFR 50.55a). The NRC is 
also proposing to incorporate by reference ASME Code Case N-722-1, 
``Additional Examinations for PWR Pressure Retaining Welds in Class 1 
Components Fabricated With Alloy 600/82/182 Materials Section XI, 
Division 1,'' and Code Case N-770, ``Alternative Examination 
Requirements and Acceptance Standards for Class 1 PWR [Pressurized-
Water Reactor] Piping and Vessel Nozzle Butt Welds Fabricated with UNS 
N06082 or UNS W86182 Weld Filler Material with or without Application 
of Listed Mitigation Activities.''

ASME B&PV Code, Section III

    The NRC proposes to:
     Revise the current regulations in Sec.  50.55a(b)(1), 
(b)(1)(ii), and (b)(1)(iii) to detail the specific ASME B&PV Code, 
Section III Subsections which are referenced in the ensuing paragraphs.
     Revise the current requirements in these paragraphs to 
include the latest editions and addenda incorporated into Section III 
of the ASME B&PV Code with respect to the regulations regarding seismic 
design.
     Clarify the current wording of the introductory text of 
Sec.  50.55a(b)(1).
     Modify the current conditions in Sec.  50.55a(b)(1)(ii) on 
the use of stress indices used for welds in piping design under 
Subarticles NB-3600, NC-3600, and ND-3600.
     Add three new requirements at Sec.  50.55a(b)(1)(iii)(A), 
(b)(1)(iii)(B), and (b)(1)(iii)(C) to impose conditions on the use of 
Subarticles NB-3200, NB-3600, NC-3600 and ND-3600 identified in Sec.  
50.55a(b)(1)(iii).
Introductory Text to 10 CFR 50.55a(b)(1)
    The proposed amendment to the introductory text of Sec.  
50.55a(b)(1) would revise the language to clarify that references to 
Section III refer to Section III of the ASME Boiler and Pressure Vessel 
Code.

[[Page 24332]]

10 CFR 50.55a(b)(1)(ii) and (b)(1)(iii) Weld-Leg Dimensions and Seismic 
Design of Piping
    The current requirements regarding piping seismic rules in Section 
III the ASME B&PV Code were first introduced in the 1994 Addenda to the 
ASME B&PV Code. These rules were subsequently modified in the 2001 
Edition and 2002 Addenda to the ASME B&PV Code. The current regulations 
in Sec.  50.55a(b)(1)(ii) outline the conditions on the use of stress 
indices used for welds in piping design under Subarticles NB-3600, NC-
3600, and ND-3600. The current regulations in Sec.  50.55a(b)(1)(iii) 
only allow the use of ASME B&PV Code, Section III, 1993 Addenda and 
earlier editions with respect to Subarticles NB-3200, NB-3600, NC-3600, 
and ND-3600.
    The current version of the ASME B&PV Code does not adequately 
address the seismic design requirements specified in Subparagraphs NB-
3683.2(c), NB-3683.4(c)(1) and (c)(2), and Paragraph NB-3656, Figures 
NB-3222-1, NC-3673.2(b)-1, and ND-3673.2(b)-1 and Table 3681(a)-1 of 
the ASME B&PV Code. The proposed amendment would modify Sec.  
50.55a(b)(1)(ii) to address the NRC's concern about the undersized 
weld-leg dimension of less than 1.09t that makes the weld weaker than 
the pipe. Additional requirements regarding the stress indices 
identified in the proposed addition to the regulations (i.e. Sec.  
50.55a(b)(1)(iii)(A)) are warranted based on industry testing which 
supports the NRC's position. Additionally, the proposed requirement in 
Sec.  50.55a(b)(1)(iii)(B) would resolve an issue identified by the NRC 
staff regarding the inclusion of reversing dynamic loads when 
calculating the primary bending stresses for Level B service limits. 
The proposed condition in Sec.  50.55a(b)(1)(iii)(C) is part of the 
ASME B&PV Code requirements for applying the seismic design rules in 
Subarticles NB-3600, NC-3600, and ND-3600 in the 2006 Addenda through 
the 2008 Addenda.
    The current regulations in Sec.  50.55a(b)(1) and (b)(1)(iii) 
reference the current seismic design requirements of Section III of the 
ASME B&PV Code. The proposed modification would allow the use of the 
latest edition and addenda of Section III of the ASME B&PV Code with 
the three proposed additional requirements at Sec.  
50.55a(b)(1)(iii)(A), (b)(1)(iii)(B), and (b)(1)(iii)(C) which would 
provide three conditions on the use of the latest ASME B&PV Code 
edition and addenda. The current requirements in Sec.  50.55a(b)(1)(ii) 
limit the use of certain stress indices used for welds in the piping 
design portions of Section III of the ASME B&PV Code. The proposed 
modification would also revise the current conditions on the use of the 
stress indices outlined in Sec.  50.55a(b)(1)(ii).
    The proposed condition identified in Sec.  50.55a(b)(1)(ii) would 
address the NRC concerns with the undersized welds (Cx = 
0.75 tn), which are not acceptable because the current ASME 
Code design rules would result in a circumferential, fillet-welded or 
socket-welded joint where the weld size is smaller than the adjoining 
pipe wall thickness. An editorial addition would also be included in 
the proposed condition and would reflect the addition of a condition on 
the use of paragraph NB-3683.4(c)(2). The use of paragraph NB-
3683.4(c)(1) is currently not allowed and would continue to be 
prohibited in the proposed rulemaking. The addition of the condition on 
the use of paragraph NB-3683.4(c)(2) is purely editorial in nature 
since, by imposing a condition on the use of NB-3683.4(c)(1), the 
regulations would inherently impose a condition on the use of NB-
3683.4(c)(2) given their use within Section III of the ASME B&PV Code. 
Therefore, this condition would not be new from a technical standpoint. 
Also, an editorial correction would be made regarding Footnote 11, 
which should be the Footnote 13 for the 2004 Edition through the 2008 
Addenda in Figure NC-3673.2(b)-1 and Figure ND-3673.2(b)-1.
    The proposed addition identified as Sec.  50.55a(b)(1)(iii)(A) 
would address the NRC's position regarding the B2' indices 
in paragraph NB-3656 of Section III of the ASME B&PV Code. The NRC 
proposes this condition to capture the dynamic strain aging effects 
that were reflected in the testing performed by Battelle Columbus 
Laboratories which concluded that ferritic steels tend to have lower 
margins and a decrease in toughness at higher temperatures due to 
dynamic strain aging. (See NUREG/CR-6226, ``Effect of Dynamic Strain 
Aging on the Strength and Toughness of Nuclear Ferritic Piping at LWR 
Temperatures'' for the Battelle testing results). Therefore, this 
additional requirement would provide the means necessary to prevent 
significant reductions in the margins of ferritic steel components 
(elbows and tees) at high temperatures, thus providing better assurance 
of the materials' structural integrity.
    The proposed addition identified as Sec.  50.55a(b)(1)(iii)(B) 
would address the NRC's position regarding Note (1) of Figure NB-3222-1 
of Section III of the ASME B&PV Code. The NRC proposes this condition 
based on the premise that while the inclusion of reversing dynamic 
loads in the calculation of primary bending stresses for Level B 
service limits may not be warranted when the Operating Basis Earthquake 
is not included in the design basis for the facility, at other times 
these loads must be considered. Such is the case when a licensee's 
Operating Basis Earthquake level is more than one-third the value of 
the Safe Shutdown Earthquake. However, the current wording of Note (1) 
in Figure NB-3222-1 of Section III of the ASME B&PV Code does not 
account for this situation. Therefore, the NRC proposes to include this 
condition on the use of the latest addenda of Section III of the ASME 
B&PV Code.
    The proposed addition identified as Sec.  50.55a(b)(1)(iii)(C) 
would address the NRC's position regarding the limitation of 
Do/t ratio of ASME Class 1, 2 and 3 piping when applying 
Subarticles NB-3600, NC-3600 and ND-3600 in the 2006 Addenda through 
the 2008 Addenda of Section III of the ASME B&PV Code. In the 1994 
Addenda, the Do/t ratio was identified by ASME Code 
Committee to be 50 or less for applying the seismic rules in 
Subarticles NB-3600, NC-3600 and ND-3600. This upper limit for 
Do/t was revised to be 40 in the 2002 Addenda through the 
2008 Addenda based on EPRI testing associated with reversing dynamic 
seismic loading. However, the 2007 Edition allows Do/t to be 
greater than 50 in Note 1 to Table NB 3681(a)-1 and Note 3 to Figures 
NC/ND-3673.2(b)-1. NUREG-1367 limits Do/t to no more than 50 
for functional capability considerations. To ensure consistency with 
ASME B&PV Code requirements found in paragraphs NB-3656, NC-3655, and 
ND-3655, Do/t should be limited to no more than 40. 
Furthermore, the use of Do/t larger than 40 would be beyond 
the piping configuration included in the EPRI testing, and thus is not 
justified for design considerations. Therefore, the NRC concludes that 
the applicable Do/t for the seismic design of piping as 
limited by the ASME B&PV Code in Subarticles NB-3600, NC-3600, and ND-
3600 in the 2006 Addenda through the 2008 Addenda must not be greater 
than 40 as addressed in Sec.  50.55a(b)(1)(iii)(C).
10 CFR 50.55a(b)(1)(iv) Quality Assurance
    The proposed amendment would revise Sec.  50.55a(b)(1)(iv) to be 
consistent with a revised quality assurance provision in the 2006 
Addenda of the ASME B&PV Code, Section III,

[[Page 24333]]

Subsection NCA. The proposed amendment would allow the use of 1994 
Edition of NQA-1, ``Quality Assurance Requirements for Nuclear Facility 
Applications,'' when using the 2006 Addenda of Section III of the ASME 
B&PV Code and later editions and addenda. The reference to ASME NQA-1 
in Article 4000 of the ASME B&PV Code, Section III was updated to a 
later edition of NQA-1 in the 2006 Addenda. NCA-4110(b) was revised to 
require that the N-Type Certificate Holders comply with the Basic 
Requirements and Supplements of the ASME NQA-1-1994 Edition. Previous 
editions/addenda of the ASME B&PV Code, Section III referenced earlier 
editions and addenda of ASME NQA-1. There are no significant 
differences between of NQA-1-1994 Edition and the editions and addenda 
of NQA-1 currently referenced in the regulation. The NRC has reviewed 
and found the changes to Subsection NCA that reference the 1994 Edition 
of NQA-1 to be acceptable.
10 CFR 50.55a(b)(1)(vii) Capacity Certification and Demonstration of 
Function of Incompressible-Fluid Pressure-Relief Valves (New)
    The proposed addition identified as Sec.  50.55a(b)(1)(vii) would 
modify requirements in Subsection NB of the ASME B&PV Code, Section 
III, for certifying the capacity of incompressible-fluid, pressure-
relief valves when the testing facility has less than the full range of 
pressure capability necessary for achieving valve set-pressure 
conditions during the testing. In the 2006 Addenda, new requirements 
were added to the ASME B&PV Code, Section III, that have a parallel 
structure in paragraphs NB-7742, NC-7742, and ND-7742 for Class 1, 2, 
and 3 incompressible-fluid, pressure-relief valves, respectively. These 
new paragraphs address new valve designs having a range of possible 
sizes and set-pressure conditions. The method described in these 
paragraphs for performing the tests and evaluating data involves 
performing tests at less than the highest value of the set-pressure 
range, and establishing an incompressible fluid flow coefficient of 
discharge that then allows extrapolation of capacities to higher 
pressures.
    These paragraphs are new, and did not exist in prior editions or 
addenda of the ASME B&PV Code, Section III. These new paragraphs 
address circumstances in which a certified test facility lacks the 
fluid-pressure capability at the necessary flow rate for testing a new, 
incompressible-fluid, pressure-relief valve design. The NRC has 
identified no issues with performing the tests at less than the highest 
value of the set-pressure range for incompressible-fluid, pressure-
relief valves, and finds these new requirements for Class 2 and 3 
components acceptable as described in paragraphs NC-7742 and ND-7742. 
However, the NRC has identified missing words from paragraph NB-7742 
for Class 1 components. The parallel structure of the counterpart 
paragraphs (NC-7742 and ND-7742) reveals that the words ``for the 
design and the maximum set pressure'' are missing from subparagraph NB-
7742(a)(2). Without these words, the paragraph is confusing, illogical, 
and could lead to a non-conservative interpretation of the required 
test pressures for new Class 1 incompressible-fluid, pressure-relief 
valve designs. Because the new paragraph NB-7742 does not contain the 
above-described words, the NRC finds that the paragraph is not 
acceptable for use. New Class 1 incompressible-fluid, pressure-relief 
valve designs must be tested at the highest values of set-pressure 
ranges as required by prior editions and addenda of the ASME B&PV Code, 
Section III.

ASME B&PV Code, Section XI

    The current regulations in Sec.  50.55a(b)(2) incorporate by 
reference ASME B&PV Code, Section XI, 1970 Edition through the 1976 
Winter Addenda; and the 1977 Edition (Division 1) through the 2004 
Addenda (Division 1), subject to the conditions identified in current 
Sec.  50.55a(b)(2)(i) through (b)(2)(xxvii). The proposed amendment 
would revise the introductory text to Sec.  50.55a(b)(2) to incorporate 
by reference the 2005 Addenda (Division 1) through the 2008 Addenda 
(Division 1) of the ASME B&PV Code, Section XI, clarify the wording, 
and remove or revise some of the conditions as explained in this 
document.
Introductory Text of 10 CFR 50.55a(b)(2)
    The proposed amendment to the introductory text of Sec.  
50.55a(b)(2) would revise the language to clarify that references to 
Section XI refer to Section XI of the ASME Boiler and Pressure Vessel 
Code.
10 CFR 50.55a(b)(2)(i) Limitations on Specific Editions and Addenda 
(Current)
    The NRC proposes to remove Sec.  50.55a(b)(2)(i) from the current 
regulations. This paragraph currently specifies which addenda may be 
used when applying the 1974 and 1977 Editions of Section XI of the ASME 
B&PV Code. Section 50.55a(g)(4)(ii) requires that licensees' successive 
120-month inspection intervals comply with the requirements of the 
latest edition and addenda of the code incorporated by reference in 
Sec.  50.55a(b)(2). Subsequently, licensees are no longer using these 
older editions (1974 and 1977 Editions) and addenda of the ASME B&PV 
Code, and therefore the NRC proposes to remove this paragraph.
    This paragraph will be replaced by the current Sec.  
50.55a(b)(2)(ii) which describes a method for determining the extent of 
examination of Code Class 1 piping welds for facilities where the 
application for a construction permit was docketed prior to July 1, 
1978.
10 CFR 50.55a(b)(2)(iii) Steam Generator Tubing (Current)
    The NRC proposes to remove Sec.  50.55a(b)(2)(iii) from the current 
regulations. The current regulations in Sec.  50.55a(b)(2)(iii) state 
that if the technical specifications of a nuclear power plant include 
surveillance requirements for steam generators different than those in 
Section XI, Article IWB-2000, the ISI program of steam generator tubing 
is governed by the requirements in the technical specifications. The 
1989 Edition through the 2008 Addenda of Section XI IWB-2413, 
``Inspection Program for Steam Generator Tubing,'' state that ``The 
examinations shall be governed by the plant Technical Specification.'' 
Since the condition in Sec.  50.55a(b)(2)(iii) is redundant to the 1989 
Edition through the 2008 Addenda of Section XI, the NRC proposes to 
remove this condition.
    This paragraph will be replaced by the current Sec.  
50.55a(b)(2)(vii) which describes Section XI references to OM Part 4, 
OM Part 6 and OM Part 10 of the ASME OM Code.
10 CFR 50.55a(b)(2)(iv) Pressure-Retaining Welds in ASME Code Class 2 
Piping (Current)
    The NRC proposes to remove Sec.  50.55a(b)(2)(iv) from the current 
regulations. This paragraph states how to select appropriate Code Class 
2 pipe welds in residual heat removal systems, emergency core cooling 
systems, and containment heat removal systems when applying editions 
and addenda up to the 1983 Edition through the Summer 1983 Addenda of 
Section XI of the ASME B&PV Code. Section 50.55a(g)(4)(ii) requires 
that licensee's successive 120-month inspection intervals comply with 
the requirements of the latest edition and addenda of the code 
incorporated by reference in Sec.  50.55a(b)(2). Subsequently, 
licensees

[[Page 24334]]

are no longer using these older editions and addenda of the code 
(editions and addenda up to the 1983 Edition through the Summer 1983 
Addenda of Section XI), and therefore, the NRC proposes to remove the 
requirements of current Sec.  50.55a(b)(2)(iv).
    This paragraph will be replaced by the current Sec.  
50.55a(b)(2)(viii) which describes examinations of concrete 
containments.
10 CFR 50.55a(b)(2)(v) Evaluation Procedure and Acceptance Criteria for 
Austenitic Piping (Current)
    The NRC proposes to remove Sec.  50.55a(b)(2)(v) from the current 
regulations. This paragraph deals with evaluation procedures and 
acceptance criteria for austenitic piping when applying the Winter 1983 
Addenda and the Winter 1984 Addenda of Section XI. Section 
50.55a(g)(4)(ii) requires that licensees' successive 120-month 
inspection intervals comply with the requirements of the latest edition 
and addenda of the code incorporated by reference in Sec.  
50.55a(b)(2). Subsequently, licensees are no longer using these older 
editions and addenda of the code (editions and addenda up to the 1983 
Edition through the Summer 1983 Addenda of Section XI), and therefore, 
the NRC proposes to remove the requirements of current Sec.  
50.55a(b)(2)(iv). This paragraph will be replaced by the current Sec.  
50.55a(b)(2)(ix) which describes examination of metal containments and 
the liners of concrete containments.
10 CFR 50.55a(b)(2)(vi) Effective Edition and Addenda of Subsection IWE 
and Subsection IWL, Section XI (Current); 10 CFR 50.55a(b)(2)(ii) 
(Redesignated)
    The NRC proposes to redesignate Sec.  50.55a(b)(2)(vi) in the 
current rule to Sec.  50.55a(b)(2)(ii) in the proposed rule. This 
paragraph stipulates the editions and addenda of Subsection IWE and 
Subsection IWL of Section XI of the ASME B&PV Code which are approved 
for use when licensees are implementing the initial 120-month 
inspection interval for containment inservice inspection requirements 
found in Section XI of the Code. The current paragraph also indicates 
that the use of these applicable editions and addenda is subject to the 
conditions found in Sec.  50.55a(b)(2)(viii) and (b)(2)(ix) for 
Subsection IWL and Subsection IWE, respectively. The proposed rule 
would redesignate Sec.  50.55a(b)(2)(viii) and (b)(2)(ix) as Sec.  
50.55a(b)(2)(iv) and (b)(2)(v), respectively, and conforming changes 
would be made to the references contained in redesignated Sec.  
50.55a(b)(2)(ii). Additionally, the proposed rule would change the 
words ``modified and supplemented'' to ``conditioned'' for 
clarification purposes.
10 CFR 50.55a(b)(2)(viii) Examination of Concrete Containments 
(Current); 10 CFR 50.55a(b)(2)(iv) (Redesignated)
    The NRC proposes to redesignate Sec.  50.55a(b)(2)(viii) in the 
current rule to Sec.  50.55a(b)(2)(iv) in the proposed rule. This 
paragraph stipulates the conditions that apply to the inservice 
examination of concrete containments using Subsection IWL of various 
editions and addenda of the ASME B&PV Code, Section XI, incorporated by 
reference in Sec.  50.55a(b)(2). The current regulations, in part, 
require that licensees applying Subsection IWL, 2001 Edition through 
the 2004 Edition shall apply the conditions in Sec.  
50.55a(b)(2)(viii)(E) through (b)(2)(viii)(G). The NRC proposes to 
remove the conditions in redesignated Sec.  50.55a(b)(2)(iv)(F) and 
(b)(2)(iv)(G) of the proposed rule when applying Subsection IWL of the 
2007 Edition with 2008 addenda of the ASME B&PV Code, Section XI 
because the intent of these conditions has been incorporated into the 
2007 Edition with the 2008 addenda of the ASME B&PV Code, as explained 
in this document. Accordingly, the proposed rule would require that 
licensees applying Subsection IWL, 2007 Edition with the 2008 Addenda 
shall apply only the condition in redesignated Sec.  
50.55a(b)(2)(iv)(E). Further, in the proposed rule, the conditions in 
redesignated Sec.  50.55a(b)(2)(iv)(E) through (b)(2)(iv)(G) remain 
applicable to licensees applying Subsection IWL, 2004 Edition through 
the 2006 Addenda.
    The condition in the redesignated Sec.  50.55a(b)(2)(iv)(F) relates 
to qualification of personnel that examine containment concrete 
surfaces and tendon hardware, wires, or strands. This condition in the 
current regulations states that personnel that examine containment 
concrete surfaces and tendon hardware, wires, or strands must meet the 
qualification provisions in IWA-2300, and that the ``owner-defined'' 
personnel qualification provisions in IWL-2310(d) are not approved for 
use. IWA-2300 stipulates qualification provisions for personnel 
performing nondestructive examination, including VT-1, VT-2, and VT-3 
visual examinations. Paragraph IWA-2312(c) requires training, 
qualification, and certification of visual examination personnel to 
comply with the requirements of Appendix VI of the Code, which makes 
reference to ANSI/ASNT CP-189, and allows for limited certification 
(for personnel who are restricted to performing examinations of limited 
or specific scope, i.e., limited operations or limited techniques) per 
IWA-2350.
    In Subsection IWL of the 2007 Edition, the ASME revised paragraph 
IWL-2100 to state, in part, that except as noted in IWL-2320, the 
requirements of IWA-2300 do not apply. Also, the 2007 Edition deleted 
subparagraphs IWL-2310(d) and IWL-2310(e), which allowed certain 
requirements (i.e., requirements for personnel qualification and 
requirements for visual examination of concrete and tendon anchorage 
hardware, wires, or strands) to be owner-defined. Further, the 2007 
Edition with 2008 Addenda added a new paragraph IWL-2320 ``Personnel 
Qualifications'' and re-designated the former IWL-2320 ``Responsible 
Engineer'' as IWL-2330 ``Responsible Engineer.''
    The new paragraph IWL-2320 stipulates specific plant experience, 
training, written and practical examination and frequency of 
administration to demonstrate training proficiency, and vision test 
requirements for qualification of personnel approved by the Responsible 
Engineer for performing general or detailed visual examinations of 
structural concrete, reinforcing steel and post-tensioning system 
components (i.e., wires, strands, anchorage hardware, corrosion 
protection medium and free water) of Class CC containments. The 
provision requires documentation of qualification requirements in the 
Employer's written practice. The Responsible Engineer is responsible 
for approval, instruction and training of personnel performing general 
and detailed visual examinations. The new provision also provided the 
requisite detailed requirements for the instruction material to be used 
to qualify personnel performing IWL inspections. Specifically, the 
addition included requirements for preservice and inservice inspections 
for concrete (references American Concrete Institute 201.1R), 
reinforcing steel, and post-tensioning items such as wires, strands, 
anchorage hardware, corrosion protection medium, and free water. Thus, 
the qualification requirements adequately include the areas and extent 
of required plant experience, instructional topics for classroom 
training in IWL requirements and plant-specific IWL visual examination 
procedures, and require the vision test requirements of IWA-2321. The 
new paragraph IWL-2320, ``Personnel Qualifications,'' details specific

[[Page 24335]]

guidance for personnel qualification for containment concrete and 
reinforcing steel and post-tensioning system visual inspections that 
provide an acceptable level of quality and safety similar to the 
requirements in IWA-2300 and therefore, addressed the intent of the 
conditions in Sec.  50.55a(b)(2)(viii)(F) of the current regulations. 
Therefore, the condition in redesignated Sec.  50.55a(b)(2)(iv)(F) is 
not required to be applied for licensees using Subsection IWL, 2007 
Edition with the 2008 Addenda. It is noted that the NRC's acceptance of 
the new code provision IWL-2320, ``Personnel Qualifications,'' is based 
on paragraph IWL-2320 of the 2007 Edition as supplemented by the 
addition by errata in the 2008 addenda.
    The condition in redesignated Sec.  50.55a(b)(2)(iv)(G) of the 
proposed rule requires that corrosion protection material be restored 
following concrete containment post-tensioning system repair and 
replacement activities in accordance with the quality assurance program 
requirements specified in IWA-1400.'' In the 2007 Edition of Subsection 
IWL, the following revisions were made related to corrosion protection 
medium for post-tensioning systems:
    1. The revised paragraph IWL 4110 added footnote 1 which states 
that the corrosion protection medium is exempt from the requirements of 
IWL-4000. However, corrosion protection medium must be restored in 
accordance with IWL-2526 following concrete containment post-tensioning 
system repair/replacement activities.
    2. The revised Line Item L2.40 ``Corrosion Protection Medium'' of 
Table IWL-2500-1 added reference to paragraph IWL-2526 in the columns 
for Test or Examination Requirement, Test or Examination Method, and 
Extent of Examination.
    3. In the revised paragraph IWL-2526, subparagraph (b) requires 
that following the completion of tests and examinations required by 
Examination Category L-B, Items L2.10, L.2.20, and L2.30, the corrosion 
protection medium must be replaced to ensure sufficient coverage of 
anchorage hardware, wires, and strands. The total amount replaced in 
each tendon sheath must be recorded and differences between amount 
removed and amount replaced must be documented.
    4. In the revised paragraph IWL-2526, subparagraph (d) requires 
that the Responsible Engineer specify the method for corrosion 
protection medium.

With the understanding that the Responsible Engineer (who per IWL-2320 
is a Registered Professional Engineer) will ensure that the corrosion 
protection medium is restored in accordance with the applicable Quality 
Assurance Program, the revised paragraphs IWL-4110(b)(3) [with footnote 
1] and IWL-2526, and revised line item L2.40 in Table IWL-2500-1 of 
Subsection IWL, 2007 Edition through the 2008 Addenda adequately 
incorporated the intent of the condition in Sec.  50.55a(b)(2)(viii)(G) 
of the current regulations and is acceptable to the NRC. Therefore, the 
condition in redesignated Sec.  50.55a(b)(2)(iv)(G) is not required to 
be applied for licensees using Subsection IWL, 2007 Edition through the 
2008 Addenda.
10 CFR 50.55a(b)(2)(ix) Examination of Metal Containments and the 
Liners of Concrete Containments (Current); 10 CFR 50.55a(b)(2)(v) 
(Redesignated)
    The NRC proposes to redesignate Sec.  50.55a(b)(2)(ix) as Sec.  
50.55a(b)(2)(v). This paragraph stipulates the conditions that apply to 
the inservice examination of metal containments and liners of concrete 
containments using Subsection IWE of various editions and addenda of 
the ASME B&PV Code, Section XI, incorporated by reference in Sec.  
50.55a(b)(2). The NRC proposes to remove the conditions in newly 
redesignated Sec.  50.55a(b)(2)(v)(F), (b)(2)(v)(G), (b)(2)(v)(H) and 
(b)(2)(v)(I) when applying the 2004 Edition with 2006 Addenda through 
the 2007 Edition with 2008 Addenda of the ASME Code, Section XI because 
these conditions have now been incorporated into the Code. The NRC 
further proposes to remove the condition in redesignated Sec.  
50.55a(b)(2)(v)(I) when applying the 2004 Edition, up to and including, 
the 2005 Addenda. The NRC also proposes to add a new condition as Sec.  
50.55a(b)(2)(v)(J) on the use of Article IWE-5000 of Subsection IWE 
when applying the 2007 Edition, up to and including the 2008 Addenda of 
the ASME Code, Section XI. These proposed changes are further explained 
in this document.
    The current regulations, in part, require that licensees applying 
Subsection IWE, 1998 Edition through the 2004 Edition apply the 
conditions in Sec.  50.55a(b)(2)(ix)(A), (b)(2)(ix)(B), and 
(b)(2)(ix)(F) through (b)(2)(ix)(I). In the proposed rule, the 
conditions in newly redesignated Sec.  50.55a(b)(2)(v)(F) through 
(b)(2)(v)(I) would remain applicable to licensees applying Subsection 
IWL, 1998 Edition through the 2001 Edition with the 2003 Addenda. As a 
minor correction to the current regulations, the proposed rule would 
require that licensees applying Subsection IWE of the 2004 Edition 
through the 2005 Addenda of the ASME B&PV Code, satisfy the 
requirements of newly redesignated Sec.  50.55a(b)(2)(v)(A), 
(b)(2)(v)(B), and (b)(2)(v)(F) through (b)(2)(v)(H). This correction is 
being made since paragraph IWE-3511.3 of the 2004 Edition of the ASME 
B&PV Code incorporated the condition in newly redesignated Sec.  
50.55a(b)(2)(v)(I), which requires that the ultrasonic examination 
acceptance standard specified in IWE-3511.3 for Class MC pressure-
retaining components must also be applied to metallic liners of Class 
CC pressure-retaining components. Further, the proposed rule would 
require that licensees applying Subsection IWE, 2004 Edition with the 
2006 Addenda through the latest edition and addenda incorporated by 
reference in Sec.  50.55a(b)(2) satisfy the requirements of newly 
redesignated Sec.  50.55a(b)(2)(v)(A) and (b)(2)(v)(B). This is because 
the intent of the conditions in newly redesignated Sec.  
50.55a(b)(2)(v)(F) through (b)(2)(v)(H) were incorporated into 
Subsection IWE, 2004 Edition with the 2006 addenda, and the condition 
in newly redesignated Sec.  50.55a(b)(2)(v)(I) was incorporated into 
Subsection IWE, 2004 Edition, as explained in this document.
    The condition in redesignated Sec.  50.55a(b)(2)(ix)(F) of the 
proposed rule requires that VT-1 and VT-3 examinations be conducted in 
accordance with IWA-2200. Personnel conducting examinations in 
accordance with the VT-1 or VT-3 examination method must be qualified 
in accordance with IWA-2300, and the ``owner-defined'' personnel 
qualification provisions in IWE-2330(a) for personnel that conduct VT-1 
and VT-3 examinations are not approved for use. This condition defines 
the code provision (IWA-2200) and personnel qualification (IWA-2300) 
requirements for personnel performing visual examinations by the VT-1 
or VT-3 method, as specified in the conditions in redesignated Sec.  
50.55a(b)(2)(v)(G) and (b)(2)(v)(H) of the proposed rule. The condition 
does not allow use of the ``owner-defined'' personnel qualification 
provisions in IWA-2330(a) for personnel that conduct VT-1 and VT-3 
examinations. The revised code provision in IWE-2330(a) of the 2006 
Addenda requires that personnel performing VT-1 and VT-3 visual 
examinations shall meet the qualification requirements of IWA-2300. The 
revised code provision in IWL-2100 of the 2006 Addenda states that IWA-
2000 applies with the exception that IWA-2210 and IWA-

[[Page 24336]]

2300 do not apply to general visual examination only (except as 
required by 2330(b) for vision test requirements). Therefore, the code 
provisions in IWA-2200 and IWA-2300 will apply to VT-1 and VT-3 
examinations. Thus, the revised code provisions in IWE-2330(a) and IWE-
2100 of the 2006 through 2008 Addenda fully incorporates the condition 
in newly redesignated Sec.  50.55a(b)(2)(v)(F). Therefore, the 
condition in newly redesignated Sec.  50.55a(b)(2)(v)(F) is not 
required to be applied for licensees using Subsection IWE, 2004 Edition 
with the 2006 Addenda and the 2007 Edition through the 2008 Addenda.
    The condition in redesignated Sec.  50.55a(b)(2)(v)(G) of the 
proposed rule requires that the VT-3 examination method be used to 
conduct the examinations in Items E1.12 and E1.20 of Table IWE 2500-1, 
and the VT-1 examination method be used to conduct the examination in 
Item E4.11 of Table IWE-2500-1. An examination of the pressure-
retaining bolted connections in Item E1.11 of Table IWE-2500-1 using 
the VT-3 examination method must be conducted once each interval. The 
``owner-defined'' visual examination provisions in IWE-2310(a) are not 
approved for use for VT-1 and VT-3 examinations. This condition, 
applicable in the current regulations to the 1998 Edition through the 
2004 Edition, requires that the VT-3 and VT-1 examination methods be 
used in lieu of the ``General Visual'' and ``Detailed Visual'' methods, 
respectively, as specified in Table IWE-2500-1 for the Item Numbers 
listed in the condition, and that the owner-defined visual examination 
provisions in IWE-2310(a) cannot be used for VT-1 and VT-3 
examinations. In the 2006 Addenda through the 2008 Addenda, Table IWE-
2500-1 was revised to change the examination method for Item Numbers 
E1.12 and E1.20 to the VT-3 method and for Item E4.11 to the VT-1 
method. Also, a new Examination Category E-G was added for pressure-
retaining bolting with Item No. E8.10 which requires 100 percent of 
each bolted connection to be examined, using the VT-1 method and the 
acceptance standard in the newly added paragraph IWE-3530, once during 
each Inspection Interval with the connection assembled and bolting in-
place, provided the connection is not disassembled during the interval, 
or in the disassembled configuration if the connection is disassembled 
for any reason during the interval. This VT-1 examination, which is 
more stringent than the VT-3 method specified in the condition, is in 
addition to the general visual examination of 100 percent of the 
pressure-retaining bolted connections during each inspection period 
required to be performed under Item No. E1.11 of Table IWE-2500-1. 
Further, the revised IWL-2310 does not have any owner-defined 
provisions for performing visual examinations including VT-1 and VT-3 
examinations. Thus, the provisions in the revised Table IWE-2500-1 and 
the revised paragraph IWE-2310 addressed the intent of the condition in 
newly redesignated Sec.  50.55a(b)(2)(v)(G). Therefore, the condition 
in newly redesignated Sec.  50.55a(b)(2)(v)(G) is not required to be 
applied for licensees using Subsection IWE, 2004 Edition with the 2006 
Addenda and the 2007 Edition through the 2008 Addenda.
    The condition in redesignated Sec.  50.55a(b)(2)(v)(H) of the 
proposed rule requires that containment bolted connections that are 
disassembled during the scheduled performance of the examinations in 
Item E1.11 of Table IWE-2500-1 be examined using the VT-3 examination 
method. Flaws or degradation identified during the performance of a VT-
3 examination must be examined in accordance with the VT-1 examination 
method, and the criteria in the material specification or IWB 3517.1 
must be used to evaluate containment bolting flaws or degradation. As 
an alternative to performing VT-3 examinations of containment bolted 
connections that are disassembled during the scheduled performance of 
Item E1.11, VT-3 examinations of containment bolted connections may be 
conducted whenever containment bolted connections are disassembled for 
any reason. The condition in newly redesignated Sec.  
50.55a(b)(2)(v)(H) is similar to the condition for bolted connections 
in newly redesignated Sec.  50.55a(b)(2)(v)(G), but applies only to 
examination of pressure-retaining bolted connections that are 
disassembled. The condition requires flaws or degradation identified 
during the VT-3 examination to be examined using the VT-1 method. The 
NRC notes that the VT-1 (and not VT-3) examination method is the method 
specified in the new Item E8.10 for pressure-retaining bolted 
connections in the revised Table IWE-2500-1 in the 2006 Addenda through 
2008 Addenda of the ASME B&PV Code. Further, the acceptance standard 
for the VT-1 examination of pressure-retaining bolting in the new 
paragraph IWE-3530 requires that the relevant conditions, as defined in 
IWA-9000, and listed in IWB-3517.1, shall be corrected or evaluated to 
meet the requirements of IWE-3122, prior to continued service. 
Therefore, the new provision for pressure-retaining bolting in Table 
IWE 2500-1, as discussed in this document, and the new acceptance 
standard specified in IWE-3530, as discussed in this document, fully 
addressed the intent of the condition in newly redesignated Sec.  
50.55a(b)(2)(v)(H). Therefore, the condition in newly redesignated 
Sec.  50.55a(b)(2)(v)(H) is not required to be applied for licensees 
using Subsection IWE, 2004 Edition with the 2006 Addenda and the 2007 
Edition through the 2008 Addenda.
    The condition in redesignated Sec.  50.55a(b)(2)(ix)(I) of the 
proposed rule requires that the ultrasonic examination acceptance 
standard specified in IWE-3511.3 for Class MC pressure-retaining 
components also be applied to metallic liners of Class CC pressure-
retaining components. This condition requires that the acceptance 
standard in IWE-3511.3 also apply to the metallic shell and penetration 
liners of Class CC pressure-retaining components in the re-designated 
paragraph IWE-3522, ``Ultrasonic Examination,'' in the 2004 Edition 
through the 2007 Edition and 2008 Addenda. Therefore, the condition in 
newly redesignated Sec.  50.55a(b)(2)(v)(I) is not required to be 
applied for licensees using Subsection IWE, 2004 Edition through the 
2007 Edition and the 2008 Addenda.
    Although the revised paragraph IWE-2310 (IWE-2313 to be specific) 
and new subparagraphs IWE-2420(c) and IWE-2500(d), in the 2006 Addenda 
through the 2008 Addenda, address the condition in newly redesignated 
Sec.  50.55a(b)(2)(v)(A) of the proposed rule with regard to requiring 
evaluation of acceptability of inaccessible areas when conditions 
exists in accessible areas that could indicate the presence or result 
in degradation to such inaccessible areas, the NRC has retained the 
condition in the proposed rule, since the information specified in the 
condition to be provided in the ISI Summary Report are not explicitly 
addressed in the ASME B&PV Code.
10 CFR 50.55a(b)(2)(v)(J) (New)
    The NRC proposes to add a new Sec.  50.55a(b)(2)(v)(J) to place a 
condition on the use of Article IWE-5000, ``System Pressure Tests,'' of 
Subsection IWE when applying the 2007 Edition up to and including the 
2008 Addenda of the ASME Code, Section XI. The revised Article IWE-5000 
does not make a distinction between ``major'' and ``minor'' 
modification (or repair/replacement) with regard to the type of 
pneumatic leakage tests specified following repair/replacement 
activities. It requires a pneumatic leakage test to be performed

[[Page 24337]]

following welding or brazing associated with repair or replacement 
activities, prior to returning the component to service. However, it 
allows a licensee the option of only performing a local bubble test 
even for a ``major'' containment modification or repair/replacement. 
Following ``major'' containment repair/replacement activities, it makes 
the performance of the appropriate pneumatic leakage test (which is a 
Type A test) in accordance with 10 CFR part 50, appendix J, optional, 
and hence the NRC proposes to add a new condition in this rule. It is 
the NRC's position that a 10 CFR part 50, appendix J, Type A test or 
alternatively, a short duration structural test, must be performed 
following a ``major'' containment modification or repair/replacement, 
prior to returning the containment to operation. This is because a 
``major'' containment modification such as the replacement of a large 
penetration or the creation of large construction opening(s) for 
equipment replacement results in the breach of the containment pressure 
boundary that invalidates the periodic verification of structural and 
leak tight integrity provided by the previous Type A test as required 
by the Containment Leakage Rate Testing Program in 10 CFR part 50, 
appendix J. Further, the breach of pressure boundary of the magnitude 
resulting from a ``major'' containment modification has a global effect 
on containment structural integrity and not a localized effect. 
Therefore, performing a Type A test or an alternate short duration 
structural test, prior to returning to operation, is necessary to 
provide a reasonable assurance and verification of containment 
structural and leakage integrity following restoration of a breach in 
the containment pressure boundary due to a ``major'' repair/replacement 
activity. Thus, the new condition in Sec.  50.55a(b)(2)(v)(J) of the 
proposed rule will require the performance of Type A test, or short 
duration structural test, following a ``major'' containment 
modification.
    The proposed new condition would provide a general, qualitative 
definition of what constitutes a ``major'' modification or repair/
replacement activity for containments. The proposed condition would 
also define the combination of actions that would constitute an 
acceptable, alternate short-duration structural test that may be 
performed in lieu of a Type A test following a major containment 
modification. These proposed requirements to perform a Type A test, or 
alternate short-duration structural test, following a ``major'' 
containment modification are consistent with the NRC's position and 
condition in Section 4.1.4 and Section 3.1.4 of the Final Safety 
Evaluation by the Office Of Nuclear Reactor Regulation dated June 25, 
2008 (ADAMS No. ML081140105), on Topical Report NEI 94-01, Revision 2, 
``Industry Guideline for Implementing Performance-Based Option of 10 
CFR Part 50, Appendix J.'' The new condition would also require that, 
when applying IWE-5000, if a Type A, B or C test is performed in 
accordance with 10 CFR part 50, appendix J, the acceptance standard for 
the test shall also be in accordance with 10 CFR part 50, appendix J. 
This is because the acceptance standard for leakage in IWE-5223.5 is 
based only on Section V, Article 10, for any pneumatic leakage test 
performed when applying IWE-5000 of the 2007 Edition up to and 
including the 2008 Addenda of Section XI of the ASME Code. The 
requirement in the new condition for performing a Type A test or an 
alternate short duration structural test, prior to returning to 
operation following a major containment modification, is necessary to 
provide a reasonable assurance and verification of containment 
structural and leakage integrity following restoration of a breach in 
the containment pressure boundary due to the ``major'' repair/
replacement activity.
10 CFR 50.55a(b)(2)(xv) Appendix VIII Specimen Set and Qualification 
Requirements (Current); 10 CFR 50.55a(b)(2)(xi) (Redesignated)
    The NRC proposes to redesignate Sec.  50.55a(b)(2)(xv) as Sec.  
50.55a(b)(2)(xi) and revise the current regulations so the current 
conditions in that paragraph would not apply to the 2007 Edition 
through the 2008 Addenda of Section XI of the ASME B&PV Code. The 
current regulation has conditions that may be used to modify Appendix 
VIII of Section XI, 1995 Edition through the 2001 Edition. The ASME 
Boiler and Pressure Vessel Code Committees took action to address these 
conditions in the 2007 Edition of the Code and revised Appendix VIII to 
address the NRC's concerns with specimen sets and qualification 
requirements. Therefore, the conditions are not required when using the 
2007 Edition through the 2008 Addenda of the ASME B&PV Code, and the 
NRC is proposing that the current Sec.  50.55a(b)(2)(xv) should be 
revised not to apply these conditions when using the 2007 Edition 
through the 2008 Addenda of the ASME B&PV Code.
10 CFR 50.55a(b)(2)(xviii) Certification of NDE Personnel (Current); 10 
CFR 50.55a(b)(2)(xiv) (Redesignated)
    The NRC proposes to redesignate Sec.  50.55a(b)(2)(xviii)(B) as 
Sec.  50.55a(b)(2)(xiv)(B) and revise the current regulations so the 
current condition in that paragraph would not apply to the 2007 Edition 
through the 2008 Addenda of Section XI of the ASME B&PV Code. Section 
50.55a(b)(2)(xviii)(B) in the current regulations limits the activities 
that can be performed by NDE personnel certified in accordance with 
IWA-2316 of the 1998 Edition through the 2004 Addenda of the ASME B&PV 
Code. These personnel are limited to observing for leakage during 
system leakage and hydrostatic tests conducted in accordance with IWA-
5211(a) and (b). The ASME Boiler and Pressure Vessel Code Committees 
took action to address this, and modified IWA 2316 in the 2005 Addenda 
and the 2007 Edition to limit the activities performed by personnel 
qualified in accordance with IWA-2316. Therefore, the condition is not 
required when using the 2007 Edition through the 2008 Addenda. 
Accordingly, the NRC is proposing that the current Sec.  
50.55a(b)(2)(xviii)(B) be revised for this condition not to apply when 
using the 2007 Edition through the 2008 Addenda of the ASME B&PV Code.
    The NRC proposes to redesignate Sec.  50.55a(b)(2)(xviii)(C) as 
Sec.  50.55a(b)(2)(xiv)(C) and revise the current requirement so the 
current condition in that paragraph would not apply to the 2005 Addenda 
through the 2008 Addenda of Section XI of the ASME B&PV Code. This 
paragraph in the current regulations places conditions on the 
qualification of VT-3 examination personnel certified under paragraph 
IWA-2317 of the 1998 Edition through the 2004 Addenda. The regulation 
requires the administering of an initial qualification examination to 
demonstrate proficiency of this training, and administering subsequent 
examinations on a 3-year interval. The ASME Boiler and Pressure Vessel 
Code Committees took action to address this condition and modified IWA-
2317 in the 2005 Addenda of the ASME B&PV Code to require a written 
examination for initial qualification and at least every 3 years 
thereafter for VT-3 qualification. Therefore, the condition is not 
required when using the 2005 Addenda through the 2008 Addenda.

[[Page 24338]]

10 CFR 50.55a(b)(2)(xix) Substitution of Alternative Methods (Current); 
10 CFR 50.55a(b)(2)(xv) (Redesignated)
    The NRC proposes to redesignate Sec.  50.55a(b)(2)(xix) as Sec.  
50.55a(b)(2)(xv) and revise the current regulations so the current 
conditions for the substitution of alternative examination methods in 
that paragraph would not apply when using the 2005 Addenda through the 
2008 Addenda. The conditions in current Sec.  50.55a(b)(2)(xix) do not 
allow the use of Section XI, IWA 2240 of the 1998 Edition through the 
2004 Edition of the ASME B&PV Code. These conditions also do not allow 
the use of IWA-4520(c) of the 1997 Addenda through the 2004 Edition of 
Section XI of the ASME B&PV Code. In 2005, the ASME Boiler and Pressure 
Vessel Code Committees took action to address these conditions and 
modified IWA-2240 and deleted IWA-4520(c) in the 2005 Addenda, such 
that, alternative examination methods or newly developed techniques are 
not allowed to be substituted for the methods specified in the 
construction code. Therefore, these conditions are not required when 
using the 2005 Addenda through the 2008 Addenda.
    In newly redesignated Sec.  50.55a(b)(2)(xv), the NRC is also 
proposing to impose the condition that paragraphs IWA-4520(b)(2) and 
IWA-4521 of the 2007 Edition of Section XI, Division 1, of the ASME 
B&PV Code, with the 2008 Addenda are not approved for use. In the 2008 
Addenda of Section XI of the ASME B&PV Code, the ASME added new 
provisions in IWA 4520(b)(2) and IWA-4521 that allow the substitution 
of ultrasonic examination (UT) for radiographic examination (RT) 
specified in the Construction Code. Substitution of UT for RT as 
addressed in paragraph IWA-4520(b)(2) of the ASME B&PV Code, Section 
XI, for the repair/replacement welds in 2008 Addenda is of a concern to 
the NRC because, depending on flaw type (i.e., volumetric or planar) 
and orientation, UT and RT are not equally effective for flaw detection 
and characterization. The NRC had originally identified concerns 
relative to the calibration blocks to be used, and developed two 
conditions that appear in Regulatory Guide 1.84, ``Design, Fabrication, 
and Materials Code Case Acceptability, ASME Section III, Proposed 
Revision 34.''
    RT is effective in detecting volumetric-type flaws (e.g., slag, 
porosity, root concavity, and misalignment), planar type flaws with 
large openings (e.g., lack of fusion and large cracks in high stressed 
areas), and those flaws that are oriented in a plane parallel to the X-
ray beam. RT is effective in all materials common to the nuclear 
industry for detecting the type of flaws generated during construction, 
due to workmanship issues and, therefore, ensures an acceptable level 
of weld quality and safety at the time of construction. In contrast, UT 
is most effective in detecting and sizing planar-type flaws associated 
with inservice degradation due to, for example, fatigue or stress 
corrosion cracking. Significant advances have recently been made 
regarding the use of UT to detect flaws in cast stainless steel. 
However, the ASME Code provisions addressing the inspection of cast 
stainless steels are still under development and are, therefore, not 
yet published for use. Finally, UT requires more surface scanning area 
than RT to perform examinations.
    To ensure that a UT technique would be capable of detecting typical 
construction flaws, the NRC would require a licensee to demonstrate, 
through performance-based ASME B&PV Code, Section XI, Appendix VIII-
like requirements, its capability of identifying the construction flaws 
which are easily detected by RT. Performance-based qualifications 
require demonstrations on mockups having flaws with realistic UT 
responses and with a statistically sufficient number of representative 
flaws and non-flawed volumes to establish procedure effectiveness and 
personnel skill. The statistical approach to qualification has been 
shown to improve the reliability of inspections, to improve the 
probability of flaw detection, and to reduce the number of false calls. 
The addition of only two or three construction flaws to a demonstration 
is not sufficient to capture the variety of flaws common to 
construction or to statistically evaluate procedure effectiveness and 
personnel skills.
    The NRC is concerned that using the second leg of the ultrasound 
metal path (V-path) to achieve two direction scanning from only one 
side of the weld may not be adequate in detecting construction flaws. 
Single side examinations have not been demonstrated for construction 
flaws for any material. Single side examinations of welds have been 
successfully qualified for planar flaws in ferritic carbon and low 
alloy steels but have not been reliably demonstrated for austenitic 
stainless steel and nickel alloys.
    Based on this information, the NRC concludes that the substitution 
of UT for RT may not be adequate for detecting some construction flaws, 
specifically in single-V full penetration groove welds. Therefore, 
substitution of UT for RT is not generically acceptable. This position 
is consistent with the NRC's previous position with respect to the 
review of ASME Code Case N-659-1, which is published in Regulatory 
Guide 1.193, Revision 2, ``ASME Code Cases not Approved for Use.'' 
Accordingly, the NRC proposes to impose the condition that paragraphs 
IWA-4520(b)(2), and IWA-4521 of the 2007 Edition of Section XI, 
Division 1, with 2008 Addenda are not approved for use.
10 CFR 50.55a(b)(2)(xxiv) Incorporation of the Performance 
Demonstration Initiative and Addition of Ultrasonic Examination 
Criteria (Current); 10 CFR 50.55a(b)(2)(xx) (Redesignated)
    The NRC proposes to redesignate Sec.  50.55a(b)(2)(xxiv) as Sec.  
50.55a(b)(2)(xx) and revise the current regulations not to apply the 
current condition when using the 2007 Edition through the 2008 Addenda. 
Current Sec.  50.55a(b)(2)(xxiv) prohibits the use of Appendix VIII, 
the supplements of Appendix VIII and Article I-3000 of ASME B&PV Code, 
2002 Addenda through the 2004 Edition. In 2007, the ASME Boiler and 
Pressure Vessel Code Committees took action to address this condition 
and modified Appendix VIII and its Supplements in the 2007 Edition. 
Therefore, the condition is not required when using the 2007 Edition 
through the 2008 Addenda, and the NRC proposes to eliminate this 
condition when using the 2007 Edition through the 2008 Addenda.
10 CFR 50.55a(b)(2)(xxvii) Removal of Insulation (Current); 10 CFR 
50.55a(b)(2)(xxii) (Redesignated)
    The NRC proposes to redesignate Sec.  50.55a(b)(2)(xxvii) as Sec.  
50.55a(b)(2)(xxiii) and revise the paragraph to refer to IWA-5242 of 
the 2003 Addenda through the 2006 Addenda or IWA-5241 of the 2007 
Edition through the 2008 Addenda of Section XI of the ASME B&PV Code 
for performing VT-2 visual examination of insulated components in 
systems borated for the purpose of controlling reactivity. The current 
regulations at Sec.  50.55a(b)(2)(xxvii) place specific requirements on 
when insulation must be removed to visually examine insulated 
components in accordance with IWA-5242. In the 2007 Edition of the ASME 
B&PV Code, Section XI, paragraph IWA-5242 was deleted and these 
requirements were included in paragraph IWA-5241.

[[Page 24339]]

10 CFR 50.55a(b)(2)(xxiv) Analysis of Flaws (New)
    The NRC proposes to add a new Sec.  50.55a(b)(2)(xxiv) to place 
conditions on the use of Section XI, Nonmandatory Appendix A, 
``Analysis of Flaws.'' The proposed regulation would place a condition 
on the use of Appendix A related to the fatigue crack growth rate 
calculation for subsurface flaws defined in paragraph A-4300(b)(1) when 
the ratio of the minimum cyclic stress to the maximum cyclic stress (R) 
is less than zero. The fatigue crack growth rate, da/dN, is defined as 
follows when using Equation (1) in paragraph A-4300(a) and Equation (2) 
in paragraph A-4300(b)(1):

da/dN = 1.99 x 10-10 S 
([Delta]KI)3.07, where S is a scaling 
parameter and [Delta]KI is the range of applied stress 
intensity factor
S and [Delta]KI are defined in A-4300(b)(1) of the ASME 
B&PV Code, Section XI, Appendix A as follows:
For -2 <= R <= 0 and Kmax-Kmin <= 1.12 
[sigma]f [radic]([pi]a), S = 1 and [Delta]KI = 
Kmax
For R < -2 and Kmax-Kmin <= 1.12 
[sigma]f [radic]([pi]a), S = 1 and [Delta]KI = 
(1-R) Kmax/3
For R < 0 and Kmax-Kmin > 1.12 
[sigma]f [radic]([pi]a), S = 1 and [Delta]KI = 
Kmax--Kmin

    The above guidelines permit reduction of [Delta]KI from 
the value of (Kmax-Kmin) when Kmax-
Kmin <= 1.12 [sigma]f [radic]([pi]a). This is 
adequate if the material property [sigma]f is from test-
based data of the component material and if the geometry of the cracked 
component can be modeled as an edge crack in a half plane, so that the 
formula K = 1.12 [sigma] [radic]([pi]a) applies. In most ASME B&PV 
Code, Section XI, Appendix A applications, test-based 
[sigma]f is not available, and the generic value from the 
ASME B&PV Code tabulations is used. Further, the geometry of a 
subsurface flaw in a plate differs significantly from the model of an 
edge crack in a half plane. Consequently, for the case where full 
[Delta]KI should be used, the calculation in accordance with 
ASME B&PV Code, Section XI, Appendix A may show that Kmax-
Kmin <= 1.12 [sigma]f [radic]([pi]a) and prompt a 
wrongful reduction of [Delta]KI.
    To address the use of the generic [sigma]f value instead 
of the test-based value for the cracked component and the significant 
difference between the cracked component geometry and the cracked test-
specimen geometry on which the criterion of 1.12 [sigma]f 
[radic]([pi]a) is derived, the NRC proposes to revise the criterion of 
1.12 [sigma]f [radic]([pi]a) to 0.8 times 1.12 
[sigma]f [radic]([pi]a). By doing so, reduction of 
[Delta]KI will not take place during the range of 
Kmax-Kmin from 0.8 x1.12 [sigma]f 
[radic]([pi]a) to 1.12 [sigma]f [radic]([pi]a), erasing the 
non-conservatism from the two sources mentioned above. Selection of a 
multiplying factor of 0.8 is based on the following:
     The 10 percent error that could be introduced for the 
subsurface flaw configurations having membrane stress correction 
factors less than 1.12 as indicated in Appendix A, Figure A-3310-1, and
     Another 10-percent error that accounts for the uncertainty 
in the [sigma]f value.
    Applying the revised criterion of 0.8 x 1.12 [sigma]f 
[radic]([pi]a), results in the proposed following condition on the use 
of the fatigue crack growth rate calculation for subsurface flaws 
defined in paragraph A-4300(b)(1) of Section XI, Nonmandatory Appendix 
A when R is less than zero:

da/dN = 1.99 x 10-10 S ([Delta]KI)\3.07\
For R < 0, [Delta]KI depends on the crack depth, a, and 
the flow stress, [sigma]f. The flow stress is defined by 
[sigma]f = \1/2\([sigma]ys + 
[sigma]ult), where [sigma]ys is the yield 
strength and [sigma]ult is the ultimate tensile strength 
in units ksi (MPa) and a is in units in. (mm).
For -2 <= R <= 0 and Kmax-Kmin <= 0.8 x 1.12 
[sigma]f [radic]([pi]a), S = 1 and [Delta]KI = 
Kmax.
For R < -2 and Kmax-Kmin <= 0.8 x 1.12 
[sigma]f [radic]([pi]a), S = 1 and [Delta]KI = 
(1-R) Kmax/3.
For R < 0 and Kmax-Kmin > 0.8 x 1.12 
[sigma]f [radic]([pi]a), S = 1 and [Delta]KI = 
Kmax-Kmin.

10 CFR 50.55a(b)(2)(xxv) Evaluation of Unanticipated Operating Events 
(New)
    The NRC proposes to add a new Sec.  50.55a(b)(2)(xxv) to condition 
the use of ASME B&PV Code, Section XI, Nonmandatory Appendix E, 
``Evaluation of Unanticipated Operating Events.'' Appendix E provides 
acceptance criteria and guidance evaluating the effects of out-of-limit 
conditions on structural integrity of the reactor vessel beltline 
region. The NRC proposes to specify that Section E-1200 is not 
acceptable, and to set forth two conditions on the use of Section E-
1300. One proposed condition would require that a 1/4T flaw be used in 
the linear elastic fracture mechanics (LEFM) evaluation with a margin 
of 1.4 applying to KIm in the two LEFM criteria. The other 
proposed condition would also use KIc instead of 
KIR in the Appendix E analysis.
    Appendix E of the ASME B&PV Code, Section XI, addresses the 
evaluation of the structural integrity of the reactor pressure vessel 
(RPV) after an out-of-limit condition occurs using LEFM based on a 
postulated surface flaw. The underlying Appendix E methodology is based 
on the following two LEFM criteria:

1.6(KIm) + KIr = KIc for the low 
temperature overpressure (LTOP) condition
1.6(KIm + KIt) + KIr = 
KIc, for the pressurized thermal transient (PTT) 
condition
Where KIm, KIr, and KIt are the 
applied primary, residual, and thermal stresses, respectively, and 
KIc is plane-strain fracture toughness. Both are based on 
a postulated flaw of 1-inch in depth. The details regarding these 
criteria are documented in the Electric Power Research Institute's 
(EPRI) report NP-5151, ``Evaluation of Reactor Vessel Beltline 
Integrity Following Unanticipated Operating Events,'' dated April 
1987. The justification for selecting the 1-inch deep flaw is given 
in the EPRI report as follows:
    The crack size range has an upper limit of one inch. Experience 
shows that the fabrication practice and inspection requirements for 
nuclear pressure vessels generally preclude the undetected presence 
of larger flaws.

    The above qualitative justification for selecting the 1-inch depth 
for the postulated flaw is not sufficient. The ASME B&PV Code, Section 
XI, Appendix G, ``Fracture Toughness Criteria for Protection Against 
Failure,'' analysis, which can be considered as the first ``screening'' 
criterion for safe operation of an RPV, is based on a postulated flaw 
of one-quarter of the RPV wall thickness (1/4T). The Section XI, 
Appendix E analysis is employed when the ASME B&PV Code, Appendix G 
requirements are exceeded due to an out-of-limit condition. Hence, it 
is considered as the second ``screening'' criterion, i.e., once 
satisfied, a refined analysis or a special RPV inspection is not 
needed. As the second screening tool, the Section XI, Appendix E 
analysis has to be conservative. In addition, the following three 
concerns prompt the NRC to propose the use of a 1/4T flaw in the 
Appendix E, Section E-1300 analysis:
     In the probabilistic fracture mechanics (PFM) analyses 
supporting the proposed PTS rule, the truncated flaw depth for a repair 
weld flaw is 2 inches. For a deterministic analysis, the possibility of 
having a repair weld flaw line up with a clad flaw to become a surface 
flaw cannot be ruled out.
     The Pressure Vessel Research User's Facility (PVRUF) and 
Shoreham RPV flaw data, used to develop generic flaw distributions for 
the proposed PTS rule, identified flaws that were consistently smaller 
than the proposed bounding flaw. However, the PVRUF and Shoreham data 
represent only a limited sampling of all RPV welds and may not directly 
provide an adequate bounding flaw size for a deterministic analysis 
like that of ASME B&PV Code, Section XI, Appendix E.
     The use of a 1/4T flaw assumption also provides additional 
assurance that

[[Page 24340]]

any service-induced growth of current fabrication flaws will be bounded 
for any RPVs having experienced severe transients over the course of 
their operating lifetimes.
    Requiring that a 1/4T flaw be used in the LEFM evaluation with a 
margin of 1.4 applying to KIm in the two LEFM criteria 
establishes a consistent approach regarding the postulated flaw size in 
the two deterministic LEFM analyses in ASME B&PV Code, Section XI, 
Appendices E and G. Applying the margin of 1.4 only to KIm 
is consistent with the ASME B&PV Code, Section XI, Appendix G approach, 
making the decreased margin between the two appendices traceable. The 
proposed use of a smaller margin of 1.4 in the ASME B&PV Code, Section 
XI, Appendix E analysis is justified because all significant stress 
intensity factors resulting from an actual transient are considered. 
Further, using a 1/4T flaw is also consistent with prior NRC approaches 
for evaluation of RPV structural integrity after out-of-limit events. 
The EPRI NP-5151 report mentioned that reference toughness 
KIR has been used in the LEFM evaluation in the prior NRC 
evaluation of RPV structural integrity after out-of-limit events. 
Consistent with the evolution of the ASME B&PV Code, Section XI, 
Appendix G analysis, the NRC now proposes to use KIc instead 
of KIR in the ASME B&PV Code, Section XI, Appendix E 
analysis.
10 CFR 50.55a(b)(2)(xxvi) Risk-Informed Inservice Inspection (New)
    The NRC proposes to add a new condition in Sec.  50.55a(b)(2)(xxvi) 
to condition the use of ASME B&PV Code, Section XI, Non-Mandatory 
Appendix R, ``Risk-Informed Inspection Requirements of Piping.'' The 
proposed condition would require licensees to submit an alternative in 
accordance with Sec.  50.55a(a)(3) and obtain NRC authorization of the 
proposed alternative prior to implementing Appendix R, RI-ISI programs. 
The 2004 Edition of the ASME B&PV Code, Section XI currently 
incorporated by reference in the regulations did not contain provisions 
for Risk-Informed Inservice Inspection (RI-ISI). The 2005 Addenda 
introduced Non-Mandatory Appendix R into Section XI to provide risk-
informed requirements for the ISI of ASME B&PV Code Class 1, 2 and 3 
piping. The addition of Appendix R to Section XI was essentially the 
incorporation of ASME Code Cases N-577 and N-578 into the ASME B&PV 
Code. The NRC determined that ASME Code Cases N-577 and N-578 were 
unacceptable for use and are currently listed in Regulatory Guide 
1.193,''ASME Code Cases Not Approved for Use,'' Revision 2. Licensees 
have been implementing RI-ISI requirements for piping as an alternative 
to the ASME B&PV Code, Section XI requirements of Tables IWB-2500-1, 
IWC-2500-1 and IWD-2500-1 submitted in accordance with Sec.  
50.55a(a)(3). Adding a condition as Sec.  50.55a(b)(2)(xxvi) that would 
require licensees to submit an alternative in accordance with Sec.  
50.55a(a)(3) and obtain NRC authorization of the proposed alternative 
prior to implementing Appendix R, RI-ISI programs would ensure that 
future RI-ISI programs continue to comply with RG 1.178, ``An Approach 
for Plant-Specific Risk-Informed Decisionmaking for Inservice 
Inspection of Piping,'' RG1.200, ``An Approach for Determining the 
Technical Adequacy of Probabilistic Risk Assessment Results for Risk-
Informed Activities,'' and NRC Standard Review Plan 3.9.8, ``Risk-
Informed Inservice Inspection of Piping.''

ASME OM Code

    The proposed amendment would revise the introductory text in Sec.  
50.55a(b)(3) to incorporate by reference the 2005 and 2006 Addenda of 
the ASME OM Code into 10 CFR 50.55a. The proposed amendment to Sec.  
50.55a(b)(3) would also clarify that Subsections ISTA, ISTB, ISTC, and 
ISTD, Mandatory Appendices I and II, and Nonmandatory Appendices A 
through H and J of the ASME OM Code would be incorporated by reference.
    The conditions in Sec.  50.55a(b)(3)(i), (b)(3)(ii), and (b)(3)(iv) 
would continue to apply to the 2005 and 2006 Addenda because the 
earlier ASME B&PV Code provisions that these regulations are based on 
were not revised in the 2005 and 2006 Addenda of the ASME B&PV Code to 
address the underlying issues which led the NRC to impose the 
conditions on the ASME B&PV Code.
    The NRC proposes to revise the current requirements in Sec.  
50.55a(b)(3)(v) to be consistent with the revised snubber ISI 
provisions in the 2006 Addenda of the ASME B&PV Code, Section XI. To 
accomplish this Sec.  50.55a(b)(3)(v) will be divided into Sec.  
50.55a(b)(3)(v)(A) and Sec.  50.55a(b)(3)(v)(B). Where Sec.  
50.55a(b)(3)(v)(A) allows licensees using editions and addenda up to 
the 2005 Addenda of ASME Section XI to optionally use Subsection ISTD, 
ASME OM Code in place of the requirements for snubbers in Section XI. 
Section 50.55a(b)(3)(v)(B) would require licensees using the 2006 
Addenda and later editions and addenda of Section XI to follow the 
requirements of Subsection ISTD of the ASME OM Code for snubbers. 
Provisions for the ISI of snubbers have been in Subsection ISTD since 
the ASME OM Code was first issued in 1990.
10 CFR 50.55a(b)(3)(v) Subsection ISTD
    The current requirement in Sec.  50.55a(b)(3)(v) allows licensees 
using editions and addenda up to the 2004 Edition of the ASME B&PV 
Code, Section XI to optionally use Subsection ISTD, ASME OM Code in 
place of the requirements for snubbers in Section XI, and states that 
snubber preservice and inservice examinations must be performed using 
the VT-3 visual examination method when using Subsection ISTD of the 
ASME OM Code. The NRC previously imposed this requirement to ensure 
that an appropriate visual examination method was used for the 
inspection of integral and non-integral snubber attachments, such as 
lugs, bolting, and clamps when using Subsection ISTD of the ASME OM 
Code. The proposed Sec.  50.55a(b)(3)(v)(A) allows licensees using 
editions and addenda up to the 2005 Addenda of ASME B&PV Code, Section 
XI to optionally use Subsection ISTD, ASME OM Code in place of the 
requirements for snubbers in Section XI and continues to invoke the VT-
3 requirement. This option does not apply when using the 2006 Addenda 
and later editions and addenda of Section XI of the ASME B&PV Code. 
Figure IWF-1300-1 was revised in the 2006 Addenda of Section XI to 
clarify that integral and non-integral snubber attachments are in the 
scope of Section XI. Therefore, the visual examination method specified 
in the 2006 Addenda and later editions and addenda of Section XI 
applies to the examination of integral and non-integral snubber 
attachments. The proposed Sec.  50.55a(b)(3)(v)(B) would require 
licensees using the 2006 Addenda and later editions and addenda of 
Section XI to follow the requirements of Subsection ISTD of the ASME OM 
Code for snubbers.
10 CFR 50.55a(b)(3)(vi) Exercise Interval for Manual Valves
    The NRC proposes to revise the current requirement for exercising 
manual valves in Sec.  50.55a(b)(3)(vi) to limit its application to the 
1999 through 2005 Addenda of the ASME OM Code. The current requirement 
would not apply to the 2006 Addenda of the ASME OM Code because the 
earlier ASME OM Code provision that this regulation was based on was 
revised in the 2006

[[Page 24341]]

Addenda of the ASME OM Code to address the underlying issue which led 
to the NRC to impose the condition. The exercise interval in Subarticle 
ISTC-3540 for manually operated valves was revised in the 2006 Addenda 
of the ASME OM Code to be the same as the current requirement in Sec.  
50.55a(b)(3)(vi).

Reactor Coolant Pressure Boundary, Quality Group B Components, and 
Quality Group C Components

    The NRC proposes to revise Sec.  50.55a(c)(3), (d)(2), and (e)(2) 
to replace ``but--'' with ``subject to the following conditions'' at 
the end of the introductory text to each paragraph for clarity.

Inservice Testing Requirements

10 CFR 50.55a(f)(5)(iv) Requests for Relief
    The NRC proposes to modify the wording of Sec.  50.55a(f)(5)(iv) to 
clarify that licensees are required to submit requests for relief based 
on impracticality within 12 months after the expiration of the IST 
interval for which relief is being sought. Section 50.55a(f)(5)(iv) in 
the current regulations describes the licensee's responsibility to 
demonstrate to the satisfaction of the NRC those items determined to be 
impractical and discusses the timeframe for this determination. The NRC 
proposes to clarify Sec.  50.55a(f)(5)(iv) to more clearly articulate 
the requirements for licensee action when compliance with certain code 
requirements is determined to be impractical. Licensees have 
interpreted the current language in Sec.  50.55a(f)(5)(iv) in a number 
of ways, especially regarding NRC approval of their submittal within 
the specified timeframe. Since the licensee has little or no control 
over the timeliness of NRC action on their submittal, this 
interpretation is problematic.

Inservice Inspection Requirements

Snubber Examination and Testing
    The current requirements at Sec.  50.55a(g)(2), (g)(3)(i), 
(g)(3)(ii), the introductory text of (g)(4), and (g)(4)(i) and 
(g)(4)(ii) reference Section XI of the ASME B&PV Code for component 
support ISI (including snubber examination and testing) provisions. The 
current requirement at Sec.  50.55a(b)(3)(v) allows licensees the 
option of using Subsection ISTD of the ASME OM Code in lieu of the ISI 
provisions for snubbers in Article IWF-5000 of Section XI. When using 
the 2005 Addenda to Section XI, Article IWF-5000 is required to be used 
with the option to use OM Code Subsection ISTD noted. In the 2006 
Addenda and later editions and addenda of Section XI, the snubber 
requirements in Article IWF-5000 no longer exist because Article IWF-
5000 was deleted in the 2006 Addenda of Section XI. Therefore, the 
proposed amendment would revise Sec.  50.55a(b)(3)(v) to require that 
licensees use the provisions for examination and testing snubbers in 
Subsection ISTD of the ASME OM Code when using the 2006 Addenda and 
later editions and addenda of Section XI.
    The NRC proposes to revise the current regulations in Sec.  
50.55a(g)(2), (g)(3)(i), (g)(3)(ii), (g)(4)(i) and (g)(4)(ii) to 
require that licensees use the provisions for preservice and inservice 
examination and testing of snubbers in Subsection ISTD of the ASME OM 
Code when using the 2006 Addenda and later edition of Section XI. 
Licensees may also use optional code cases in RG 1.192 as approved by 
the NRC. The NRC proposes to clarify that preservice examination may 
meet preservice examination requirements in Section III as an 
alternative to preservice examination of Section XI. The NRC also 
proposes to revise the current regulation in the introductory text of 
Sec.  50.55a(g)(4) to require that licensees using the ASME OM Code 
follow the provision in Subsection ISTD for examination and testing of 
snubbers. Provisions for examinations and tests of snubbers have been 
in Article IWF-5000 since Subsection IWF was first issued in the Winter 
1978 Addenda of Section XI. Article IWF-5000 was deleted in the 2006 
Addenda of Section XI. Subarticle IWF-1220 in the 2006 Addenda of 
Section XI states that the examination and testing requirements for 
snubbers are now outside the scope of Section XI, and that the 
examination and test requirements for snubbers can be found in 
Subsection ISTD of the ASME OM Code. Provisions for the examination and 
testing of snubbers have been in Subsection ISTD since the ASME OM Code 
was first issued in 1990.
10 CFR 50.55a(g)(4)(iii) Surface Examinations of High-Pressure Safety 
Injection Systems
    The current regulations at Sec.  50.55a(g)(4)(iii) give licensees 
the option of not performing surface examinations of high-pressure 
safety injection systems as specified in Section XI, Table IWB-2500-1, 
``Examination Category B-J,'' Item Numbers B9.20, B9.21 and B9.22. 
Later editions and addenda of Section XI have been modified and the 
surface examination requirement no longer exists in Table IWB-2500-1, 
and some of the Item Numbers have either changed or been deleted. The 
surface examination requirement was remove from Table IWB-2500-1 in the 
2003 Addenda. Therefore, the paragraph needs to be revised for this 
condition to apply to those licensees using Code editions and addenda 
prior to the 2003 Addenda.
10 CFR 50.55a(g)(5)(iii) and (g)(5)(iv) Inservice Inspection Requests 
for Relief
    Section 50.55a(g)(5)(iii) currently requires the licensee to notify 
the NRC if compliance with certain code requirements are found to be 
impractical. The NRC proposes to add a sentence to Sec.  
50.55a(g)(5)(iii) to clarify that a request for relief must be 
submitted to the NRC no later than 12 months after the examination has 
been attempted during a given ISI interval and the ASME B&PV Code 
requirement determined to be impractical. In the past, licensees have 
submitted requests under Sec.  50.55a(g)(5)(iii) prior to performing 
the ASME B&PV Code examination in a given interval based on limited 
examination coverage from previous ISI 10-year intervals. The NRC has 
concluded that this is an inappropriate basis for a determination of 
impracticality as new examination techniques are often developed from 
one interval to the next, which could result in a reasonable 
expectation of improved results. As a result, the NRC has concluded 
that a licensee usually cannot make the determination that an 
examination is indeed impractical without first attempting the 
examination in the current ISI interval.
    In addition, if the NRC were to grant relief prior to the component 
having been examined and the results of the examination are less than 
stated in the request for relief, the licensee would be required to 
resubmit the request for relief to address the actual examination. This 
places an unnecessary burden on the licensee and the NRC to review the 
same issue twice. The proposed amendment to the regulations attempts to 
clarify that the determination of impracticality should be based on 
actual attempts to perform a requirement and only submitted after the 
attempt to perform a requirement has been unsuccessful.
    The NRC proposes to modify the wording of Sec.  50.55a(g)(5)(iv) to 
clarify that licensees are required to submit requests for relief based 
on impracticality within 12 months after the expiration of the ISI 
interval for which relief is being sought. Section 50.55a(g)(5)(iv) in 
the current regulations describe the licensee's responsibility to 
demonstrate to the satisfaction of the NRC those items

[[Page 24342]]

determined to be impractical and discusses the timeframe for this 
determination. The NRC proposes to clarify Sec.  50.55a(g)(5)(iv) to 
more clearly articulate the requirements for licensee action when 
compliance with certain code requirements is determined to be 
impractical. It is the NRC's experience that licensees have interpreted 
the current language in Sec.  50.55a(g)(5)(iv) in a number of ways, 
especially regarding NRC approval of their submittal within the 
specified timeframe. Since the licensee has little or no control over 
the timeliness of NRC action on their submittal, this interpretation is 
problematic.
10 CFR 50.55a(g)(6)(ii)(E) Reactor Coolant Pressure Boundary Visual 
Inspections
    The NRC proposes to update Sec.  50.55a(g)(6)(ii)(E)(1) through 
(g)(6)(ii)(E)(3) to the requirements of Code Case N-722-1, and to 
revise footnote 1 to clarify requirements in that paragraph that 
pertain to reactor coolant pressure boundary visual inspections. In the 
most recent update to 10 CFR 50.55a, the NRC added new requirements in 
Sec.  50.55a(g)(6)(ii)(E). The new requirements were for all licensees 
of PWRs to augment their ISI program by implementing ASME Code Case N-
722, subject to the conditions specified in Sec.  
50.55a(g)(6)(ii)(E)(2) through (g)(6)(ii)(E)(4). ASME Code Case N-722-
1, ``Additional Examinations for PWR Pressure Retaining Welds in Class 
1 Components Fabricated With Alloy 600/82/182 Materials Section XI, 
Division 1,'' was published in Supplement 8 of the 2007 Edition of the 
ASME Boiler and Pressure Vessel Code Nuclear Code Case book. This 
revision of the code case contains one additional note which indicates 
that visual examination of Alloy 600/82/182 materials in flange seal 
leak-off lines is not required. This change will eliminate the need for 
licensees to submit relief requests for flange seal leak-off lines 
which are not normally exposed to a corrosive environment and are 
inaccessible for visual examination.
    The wording in the second sentence of footnote 1 to Sec.  
50.55a(g)(6)(ii)(E) has generated some confusion, and has the 
unintended consequence of some licensees believing that they need to 
submit additional relief requests related to the percentage of 
inspections to be completed during the current interval. The second 
sentence in the footnote is intended to specify what portion of welds 
has to be inspected during a plant interval that remains after January 
1, 2009. The intent was to require licensees to distribute the 
population such that the portion of welds to be inspected in the 
remaining portion of the interval be based on the portion of the 
interval remaining as of January 1, 2009. Instead, the wording is being 
incorrectly interpreted by some licensees as requiring all the welds to 
be distributed over, and inspected during, the remaining periods and 
outages in the interval. The NRC proposes to revise footnote 1 to Sec.  
50.55a(g)(6)(ii)(E) to clarify this issue.
10 CFR 50.55a(g)(6)(ii)(F) Examination Requirements for Class 1 Piping 
and Nozzle Dissimilar-Metal Butt Welds (New)
    The NRC proposes to add a new Sec.  50.55a(g)(6)(ii)(F) to require 
licensees to implement ASME Code Case N-770, ``Alternative Examination 
Requirements and Acceptance Standards for Class 1 PWR Piping and Vessel 
Nozzle Butt Welds Fabricated with UNS N06082 or UNS W86182 Weld Filler 
Material With or Without the Application of Listed Mitigation 
Activities, Section XI, Division 1,'' with 15 conditions. Code Case N-
770 contains baseline and ISI requirements for unmitigated butt welds 
fabricated with Alloy 82/182 material and preservice and ISI 
requirements for mitigated butt welds.
    The application of ASME Code Case N-770 is necessary because the 
inspections currently required by the ASME Code, Section XI, were not 
written to address degradation of Alloy 82/182 butt welds by primary 
water stress corrosion cracking (PWSCC), and the safety consequences of 
inadequate inspections can be significant. NRC's determination that 
current inspections of certain Class 1 butt welds are inadequate is 
based upon operating experience and analysis. The absence of an 
effective inspection regime could, over time, result in unacceptable 
circumferential cracking or the degradation of reactor coolant system 
components by corrosion from leaks in these welds. These degradation 
mechanisms increase the probability of a loss of coolant accident. The 
current ASME Code requirements for inspection of Alloy 82/182 butt 
welds are not frequent enough to ensure that ASME Code-allowable limits 
will continue to be met in the event that PWSCC initiates. The growth 
rate of PWSCC in these welds is rapid enough that PWSCC could lead to 
leakage or rupture before the degradation would be detected by the 
inspections in the ASME Code, Section XI, currently required by 10 CFR 
50.55a or by the 2005 Addenda through the 2008 Addenda of Section XI.
    In late 2005, the NRC sent a letter to ASME requesting it to 
address the inspection requirements for Class 1 PWR piping butt welds 
fabricated with Alloy 82/182 weld materials. ASME approved the 
development of an ASME code case on appropriate inspection frequency 
requirements for Class 1 butt welds containing Alloy 82/182 to address 
primary water stress-corrosion cracking (PWSCC). The code case format 
was chosen by ASME to address this safety-significant issue because a 
code case is a stand-alone set of provisions that can be approved more 
quickly than revisions to the ASME B&PV Code. Code cases are voluntary, 
however, so these provisions were developed with the expectation that 
the NRC would incorporate the code case by reference into the 
regulations. ASME Code Case N-770, was approved by ASME on January 30, 
2009, and was published in Supplement 8 of the 2007 Edition of the ASME 
Boiler and Pressure Vessel Code Nuclear Code Cases book. ASME Code Case 
N-770 provides inspection frequencies and methods for Alloy 82/182 butt 
welds that are unmitigated as well as butt welds that have been 
mitigated for PWSCC by any of several mitigation methods. ASME Code 
Case N-770, with proposed conditions, resolves the deficiencies in the 
ASME B&PV Code, Section XI, inspection requirements for Alloy 82/182 
butt welds by providing inspection requirements that ensure that ASME 
Code-allowable limits will not be exceeded and PWSCC will not lead to 
leaks or ruptures of piping welds. Therefore, the NRC proposes to 
require the implementation of Code Case N-770, with conditions.
    The NRC proposes to add a condition (Sec.  50.55a(g)(6)(ii)(F)(2)) 
to require that welds mitigated by inlays, cladding, or stress 
improvement by welding, be categorized as unmitigated welds pending 
plant-specific NRC review of the mitigation techniques and NRC 
authorization of an alternative ASME Code Case N-770 Inspection Item 
for the mitigated weld. ASME Code Case N-770 provides inspection 
methods and frequencies for welds mitigated by certain specified 
techniques. Inspections of mitigated welds are performed much less 
frequently than unmitigated welds. Requirements for most of the 
mitigation methods are contained in other ASME code cases under 
development. The NRC has typically approved the application of pressure 
boundary weld mitigation techniques on a case-by-case basis. This 
condition is necessary to ensure that appropriate mitigation techniques 
are

[[Page 24343]]

applied to welds before they are categorized as mitigated under Code 
Case N-770.
    The NRC proposes to add a condition (Sec.  50.55a(g)(6)(ii)(F)(3)) 
to require that the baseline examination of welds in Inspection Items 
A-1, A-2, and B (unmitigated welds) be completed at the next refueling 
outage after the effective date of the final rule. Paragraph -2200 of 
Code Case N-770 permits welds in Inspection Items A-1, A-2, and B 
(unmitigated welds) that have not received a baseline examination to be 
examined within the next two refueling outages from adoption of the 
Code Case. Welds in Inspection Items A-1, A-2, and B are the welds most 
likely to experience PWSCC and some of these welds may not have 
received a baseline examination, even under the industry initiative, 
MRP-139. This condition is necessary to ensure the integrity of these 
welds by requiring that all welds in Inspection Items A-1, A-2 and B be 
inspected at the first opportunity to perform the inspections.
    The NRC proposes to add a condition (Sec.  50.55a(g)(6)(ii)(F)(4)) 
to require essentially 100 percent coverage for axial flaws. Paragraph 
-2500(c) of Code Case N-770 permits examination of axial flaws with 
inspection coverage limitations provided essentially 100 percent 
coverage for circumferential flaws is achieved and the maximum coverage 
practical is achieved for axial flaws. This requirement on inspection 
limitations is inconsistent with comparable inspection requirements of 
the ASME B&PV Code, Section XI. Axial flaws can lead to through wall 
cracks and leakage of reactor coolant, which is a safety concern. This 
condition is necessary for the NRC to ensure that, through NRC review 
of an authorization of alternative inspection coverage, appropriate 
actions are being taken to address potential inspection limitations for 
axial flaws.
    The NRC proposes to add a condition (Sec.  50.55a(g)(6)(ii)(F)(5)) 
to reword Paragraph -3132.3(b) on determining flaw growth using wording 
consistent with that used in the ASME B&PV Code, Section XI. Paragraph 
-3132.3(b) contains the statement that a ``flaw is not considered to 
have grown if the size difference (from a previous examination) is 
within the measurement accuracy of the nondestructive examination (NDE) 
technique employed.'' The ``measurement accuracy of the NDE technique 
employed'' is not defined in the code case or in the ASME B&PV Code. 
Use of this terminology may result in a departure from the past 
practice when applying ASME B&PV Code, Section XI. Under the 
requirements of Section XI, one concludes that flaw growth has not 
occurred when a ``previously evaluated flaw has remained essentially 
unchanged.'' The proposed condition uses this wording. This condition 
is necessary to clarify the requirements for determining whether flaw 
growth has occurred and make the requirements consistent with ASME B&PV 
Code requirements endorsed by the NRC in 10 CFR 50.55a.
    The NRC proposes to add a condition (Sec.  50.55a(g)(6)(ii)(F)(6)) 
on welds that are determined through a volumetric examination to have 
cracking that penetrates beyond the thickness of the inlay or cladding. 
The condition would require such welds to be reclassified as Inspection 
Item A-1, A-2, or B, as appropriate, until corrected by repair/
replacement activity in accordance with IWA-4000 or by corrective 
measures beyond the scope of Code Case N-770. Code Case N-770 would 
permit welds mitigated by inlay or cladding (i.e., onlay) in Inspection 
Items G, H, J, and K, to remain in those Inspection Items if cracking 
that penetrates through the thickness of the inlay or cladding occurs. 
The purpose of an inlay or cladding is to provide a corrosion resistant 
barrier between reactor coolant and the underlying Alloy 82/182 weld 
material that is susceptible to PWSCC. If cracking penetrates through 
the thickness of an inlay or cladding, the inspection frequencies of 
Inspection Items G, H, J, and K would no longer be appropriate even 
after satisfying the successive examination requirements of paragraph -
2420. This condition is necessary because welds with cracking that 
penetrates beyond the thickness of the protective barrier of the inlay 
or cladding would no longer be mitigated and would need to be inspected 
under one of the Inspection Items for unmitigated welds.
    The NRC proposes to add a condition (Sec.  50.55a(g)(6)(ii)(F)(7)) 
on welds in Inspection Items G, H, J, and K, (welds mitigated by inlay 
or cladding) that the ISI surface examination requirements of Table 1 
should apply whether the inservice volumetric examinations are 
performed from the weld outside diameter or the weld inside diameter. 
Code Case N-770 only requires a surface examination for welds in 
Inspection Items G, H, J, and K if a volumetric examination is 
performed from the weld inside diameter surface. A volumetric 
examination performed from the weld outside diameter surface would not 
be capable of detecting flaws in an inlay or cladding. This condition 
is necessary to ensure that weld inlays or cladding are still 
performing their intended function of providing a protective barrier 
between the reactor coolant and the underlying Alloy 82/182 weld that 
is susceptible to PWSCC.
    The NRC also proposes, as part of a new condition as Sec.  
50.55a(g)(6)(ii)(F)(7), to require that all hot-leg operating 
temperature welds in Inspection Items G, H, J, and K (welds mitigated 
by inlay or cladding) be inspected each interval and that a 25 percent 
sample of cold leg operating temperature welds in Inspection Items G, 
H, J, and K be inspected whenever the core barrel is removed (unless it 
has already been inspected within the past 10 years) or 20 years, 
whichever is less. Code Case N-770 permits welds in Inspection Items G, 
H, J, and K to be placed in a 25 percent sample inspection program 
under certain conditions after the required initial inspection. The NRC 
has performed analyses of crack growth in welds mitigated by Alloy 52/
152 inlay or cladding using experimentally derived crack growth data 
for this weld material. The results of those analyses show that welds 
in Inspection Items G, H, J, and K at hot leg temperature have to be 
examined once per interval and welds at cold leg temperature have to be 
inspected under a sample inspection program to detect potentially 
significant crack growth. This condition is being proposed to ensure 
that ASME Code-allowable limits would not be exceeded and PWSCC would 
not lead to leaks or ruptures.
    The NRC proposes to add a condition (Sec.  50.55a(g)(6)(ii)(F)(8)) 
to prohibit the first examination following weld inlay, cladding, or 
stress improvement for Inspection Items D, G, and H from being deferred 
to the end of the interval. Code Case N-770 provides requirements on 
the timing of the first examination following weld inlay, cladding, or 
stress improvement. Inspection Items D, G, and H pertain to mitigation 
of cracked welds and the timing of the initial examinations in the code 
case has been specified in the code case so that the welds are not in 
service for an extended time period prior to the initial examination. 
However, the code case does not explicitly preclude deferral of these 
examinations to the end of the interval. Therefore, this NRC condition 
is needed to ensure that the initial examinations of welds in 
Inspection Items D, G, and H take place on an appropriate schedule to 
verify the effectiveness of the mitigation process.
    The NRC proposes to add a condition (Sec.  50.55a(g)(6)(ii)(F)(9)) 
on Measurement or Quantification Criterion I-1.1 of Appendix I to 
require the assumption in the weld residual stress (WRS) analysis of a 
construction weld repair from the

[[Page 24344]]

inside diameter to a depth of 50 percent of the weld thickness 
extending 360[deg] around the weld. Measurement or Quantification 
Criterion I-1.1 does not specify the circumferential extent of the 
repair that must be assumed. This condition is necessary to clarify the 
size of the repair to be assumed in the weld residual stress analysis 
which would ensure that appropriate criteria for the WRS analysis are 
used for mitigation by stress improvement.
    The NRC proposes to add a condition (Sec.  50.55a(g)(6)(ii)(F)(10)) 
on Measurement or Quantification Criterion I-2.1 of Appendix I to 
require that the last sentence be replaced. This criterion was 
inappropriately worded since this criterion pertains to the permanence 
of a mitigation process by stress improvement and plastic ``shakedown'' 
rather than ``ratcheting'' is the phenomenon that could lead to stress 
relaxation. This condition is necessary to clarify the type of analysis 
necessary to ensure that the mitigation process is permanent and that 
the inspection frequencies associated with the process continue to be 
correct.
    The NRC proposes to add a condition (Sec.  50.55a(g)(6)(ii)(F)(11)) 
to require that in applying Measurement or Quantification Criterion I-
7.1 of Appendix I, an analysis be performed using IWB-3600 evaluation 
methods and acceptance criteria to verify that the mitigation process 
will not cause any existing flaws to grow. Measurement or 
Quantification Criterion I-7.1 permits the growth of existing flaws in 
welds mitigated by stress improvement. This is an inappropriate 
provision since the process of mitigating by stress improvement is 
intended to prevent growth of existing flaws which could lead to 
leakage or rupture of the weld. This condition is necessary to ensure 
that stress improvement of welds with existing flaws is an effective 
mitigation technique consistent with the inspection frequency in the 
code case.
    The NRC proposes to add a condition (Sec.  50.55a(g)(6)(ii)(F)(12)) 
to require that the NRC be provided with a report if the volumetric 
examination of any mitigated weld detects new flaws or growth of 
existing flaws that exceed the acceptance standards of IWB-3514 and are 
found to be acceptable for continued service through an analytical 
evaluation or a repair or the alternative requirements of an ASME code 
case. The report would summarize the evaluation, along with inputs, 
methodologies, assumptions, and cause of the new flaw or flaw growth 
and would be provided to the NRC prior to the weld being placed in 
service. Welds that are mitigated have been modified by a technique, 
such as weld inlays, cladding, or stress improvement. Mitigation 
techniques are designed to prevent new flaws from occurring and prevent 
the growth of any existing flaws. If volumetric examination detects new 
flaws or growth of existing flaws in the required examination volume, 
the mitigation will not be performing as designed and the NRC will need 
to evaluate the licensee's actions to address the problem. Therefore, 
this condition is needed to verify the acceptability of the weld prior 
to being placed back in service.
    The NRC proposes to add a condition (Sec.  50.55a(g)(6)(ii)(F)(13)) 
to require that the last sentence of the Extent and Frequency of 
Examination for Inspection Items C and F be revised. Inspection Items C 
and F apply to butt welds mitigated by full structural weld overlays of 
Alloy 52/152 material. Note 10 of the Code Case requires that welds in 
Inspection Items C and F that are not included in the 25 percent sample 
be examined prior to the end of the mitigation evaluation period if the 
plant is to be operated beyond that time. This condition would ensure 
that welds in the 25 percent sample are also examined prior to the end 
of the mitigation evaluation period; that is, prior to the end of life 
of the overlay predicted by the mitigation evaluation. Inspection prior 
to the end of the mitigation evaluation period is necessary to ensure 
that appropriate information has been obtained to verify the condition 
of the weld overlay and update the analysis for the predicted life of 
the weld overlay.
    The NRC proposes to add a condition (Sec.  50.55a(g)(6)(ii)(F)(14)) 
on the \1/2\-inch (13 mm) dimension shown in Figures 2(b) and 5(b) of 
Code Case N-770. The condition would require that a dimension ``b'' be 
used instead of [frac12] inch, where ``b'' is equivalent to the nominal 
thickness of the nozzle or pipe being overlaid, as appropriate. The 
code case contains information on component thicknesses to be used in 
application of the acceptance standards of ASME B&PV Code, Section XI, 
IWB-3514, to evaluate flaws detected during preservice inspection of 
weld overlays. The \1/2\-inch (13 mm) dimension shown in Figures 2(b) 
and 5(b) is non-conservative. The appropriate dimension is a function 
of the nominal thickness of the nozzle or pipe being overlaid and not a 
single specified value for all pipes and nozzles. This condition is 
necessary to ensure that acceptance standards used for evaluation of 
any flaws detected during preservice inspection of weld overlays assure 
an appropriate level of safety.
    The NRC proposes to add a condition (Sec.  50.55a(g)(6)(ii)(F)(15)) 
on the use of the acceptance standards of ASME B&PV Code, Section XI, 
IWB-3514, for evaluating indications in inlays or onlays. The proposed 
condition specifies that the thickness ``t'' in IWB-3514 is the 
thickness of the inlay or onlay. The code case requires that the 
preservice examination for inlays or onlays consist of a surface 
examination, which does not allow planar flaws, and a volumetric 
examination. The volumetric examination allows the use of the 
acceptance standards of IWB-3514 provided the surface examination 
acceptance standards are satisfied. That is, it would allow the 
acceptance of some subsurface indications, but IWB-3514 acceptance 
standards would only allow very small flaws. However, the code case 
does not specify the value ``t'' to be used in the application of IWB-
3514. The appropriate value ``t'' when applying IWB-3514 to inlays or 
onlays is the thickness of the inlay or onlay, since the acceptance 
standards in this case only apply to accepting flaws within the inlay 
or onlay. This condition is necessary to preclude the misapplication of 
the acceptance standards of IWB-3514 and potential acceptance of flaws 
that could compromise the integrity and function of the inlay or onlay 
as a protective barrier.
    The NRC proposes to add a condition (Sec.  50.55a(g)(6)(ii)(F)(16)) 
on welds mitigated by stress improvement by welding in Inspection Items 
D and E to not permit them to be placed into a population to be 
examined on a sample basis after the initial examination. Stress 
improvement by welding is also called an optimized weld overlay. Code 
Case N-770 permits welds mitigated by this technique to be placed in a 
25 percent inspection sample after the initial examination. Sample 
inspections could result in three-quarters of the welds never being 
examined after the initial examination. Although full structural weld 
overlays have been used extensively in the nuclear industry for many 
years, the industry does not have experience with optimized weld 
overlays. Optimized weld overlays are designed to rely on the outer 25 
percent of the original Alloy 82/182 material to satisfy the design 
margins and would not satisfy design margins if significant cracking 
were to occur. If significant cracking were to occur in the Alloy 82/
182 material, the optimized weld overlay material would prevent the 
weld from leaking and could potentially rupture without prior evidence 
of leakage under design basis conditions.

[[Page 24345]]

The proposed condition is necessary to ensure that all optimized weld 
overlays are periodically inspected for potential degradation.
    After ASME Code Case N-770 was approved by ASME in early 2009, the 
NRC brought concerns on the code case to the attention of members of 
the ASME B&PV Code, Section XI, task group that developed it. These 
concerns are the subject of these proposed conditions. The ASME B&PV 
Code, Section XI, has been working on a revision to Code Case N-770 to 
address many of these concerns. The NRC will consider endorsing an 
ASME-approved revision to Code Case N-770 in the final rule to update 
10 CFR 50.55a, depending upon when such a revision is issued and the 
contents of the revision, and may remove some or all conditions 
depending upon whether the revised Code Case addresses the concerns 
previously discussed.

Substitution of the Term ``Condition'' in 10 CFR 50.55a

    The NRC proposes to substitute the word ``condition(s)'' for the 
words ``limitation(s)'' ``modification(s)'' and ``provision(s),'' 
throughout 10 CFR 50.55a as shown in Table 1 of this document for 
consistency. The NRC does not believe it necessary to distinguish among 
different types of ``caveats'' that it imposes on the use of the ASME 
Codes, and therefore proposes to use a single term for clarity and 
consistency.

IV. Paragraph-by-Paragraph Discussion

Quality Standards, ASME Codes and IEEE Standards, and Alternatives

10 CFR 50.55a(a)
    The NRC proposes to add the title ``Quality standards, ASME Codes 
and IEEE standards, and alternatives'' to paragraph (a).

Applicant/Licensee Proposed Alternatives to the Requirements of 10 CFR 
50.55a

10 CFR 50.55a(a)(3)
    The NRC proposes to add a sentence to paragraph (a)(3) to clarify 
that an alternative is to be submitted to, and approved by, the NRC 
prior to an applicant or licensee implementing the alternative. For 
applicants, approval of an alternative must be obtained before 
construction begins (rather than during the design process).

Standards Approved for Incorporation by Reference

10 CFR 50.55a(b)
    The NRC proposes to add the title ``Standards approved for 
incorporation by reference'' to paragraph (b).
    The NRC proposes to modify the language in paragraph (b) to clarify 
that non-mandatory appendices are excluded from the ASME B&PV Code, 
Section III requirements that are incorporated by reference into 10 CFR 
50.55a, and to clarify that only Division 1 requirements of Section III 
and Section XI are incorporated by reference (not Division 2 and 
Division 3 requirements).

ASME B&PV Code, Section III

10 CFR 50.55a(b)(1)
    The NRC proposes to amend paragraph (b)(1) to incorporate by 
reference the 2005 Addenda (Division 1) through 2008 Addenda (Division 
1) of Section III of the ASME B&PV Code into 10 CFR 50.55a, subject to 
the conditions outlined in modified paragraphs (b)(1)(i) through 
50.55a(b)(1)(vi) and proposed paragraph (b)(vii). The paragraph 
modification would also include an editorial change to the references 
to Section III ASME B&PV Code for clarification purposes. As a result, 
applicants and licensees may use the 1974 Edition (Division 1) through 
the 2008 Addenda (Division 1) of Section III of the ASME B&PV Code 
subject to the conditions contained within modified paragraphs 
(b)(1)(i) through (b)(1)(vi) and new paragraph (b)(1)(vii).
10 CFR 50.55a(b)(1)(ii)
    The NRC proposes to apply the existing condition in paragraph 
(b)(1)(ii) regarding stress indices used for weld stresses in piping 
design to the comparable provisions in the ASME Code editions and 
addenda incorporated by reference in this proposed rule. The paragraph 
modification also includes the addition of a condition on the use of 
paragraph NB-3683.4(c)(2) for applicants and licensees applying the 
1989 Addenda through the latest edition and addenda of Section III of 
the ASME B&PV Code. As a result, this modification prohibits the use of 
Footnote 13 from the 2004 Edition through the 2008 Addenda of Section 
III of the ASME B&PV Code to Figures NC-3673.2(b)-1 and ND-3673.2(b)-1 
for welds with leg size less than 1.09 times the nominal pipe wall 
thickness (tn) for applicants and licensees applying the 
1989 Addenda through the latest edition and addenda of Section III of 
the ASME B&PV Code. Also as a result, the use of paragraph NB-
3683.4(c)(2), is not allowed for applicants and licensees applying the 
1989 Addenda through the latest edition and addenda of Section III of 
the ASME B&PV Code.
10 CFR 50.55a(b)(1)(iii)
    The NRC proposes to modify paragraph (b)(1)(iii) to impose 
conditions on the seismic design of piping when licensees use the 
latest editions and addenda of the ASME B&PV Code, Section III, 
incorporated by reference in modified paragraph (b). The paragraph 
would also be modified with an editorial change to replace 
``limitations and modifications'' with ``conditions'' and 
``limitation'' with ``condition.'' The modified paragraph would allow 
the use of Subarticles NB-3200, NB-3600, NC-3600, and ND-3600 for the 
seismic design of piping when applying editions and addenda, up to and 
including the 1993 Addenda of the ASME B&PV Code, Section III, subject 
to the condition in modified paragraph (b)(1)(ii). The modified 
paragraph would not allow the use of Subarticles NB-3200, NB-3600, NC-
3600, and ND-3600 for the seismic design of piping when applying the 
1994 Addenda through the 2006 Addenda of Section III of the ASME B&PV 
Code except that Subarticle NB-3200 in the 2004 Edition through the 
2008 Addenda of Section III of the ASME B&PV Code may be used by 
applicants and licensees subject to the condition in new paragraph 
(b)(1)(iii)(B). The modified paragraph would allow the use of 
Subarticles NB-3200, NB-3600, NC-3600, and ND-3600 for the seismic 
design of piping when applying the 2006 Addenda through the 2008 
Addenda of Section III of the ASME B&PV Code, subject to the three new 
conditions in new paragraphs (b)(1)(iii)(A), (b)(1)(iii)(B), and 
(b)(1)(iii)(C).
10 CFR 50.55a(b)(1)(iii)(A)
    NRC proposes to add a new paragraph (b)(1)(iii)(A) to impose a 
condition on the minimum value of the B2 indices when 
applicants and licensees use Subarticle NB-3600 of the 2006 Addenda up 
to and including the 2008 Addenda of the ASME Code, Section III, for 
the seismic design of piping. As a result, licensees and applicants 
using Subarticle NB-3600 of the 2006 Addenda up to and including the 
2008 Addenda of the ASME B&PV Code, Section III, for the seismic design 
of piping must use a value for the B2 index, defined in 
Subparagraph NB-3656(b)(3), equal to or greater than 0.75B2, 
from Table NB-3681(A)-1, for Class 1 elbows and tees of ferritic steel

[[Page 24346]]

materials operating at temperatures above 300[deg]F.
10 CFR 50.55a(b)(1)(iii)(B)
    The NRC proposes to add a new paragraph (b)(1)(iii)(B) requiring 
licensees and applicants using Note (1) of Figure NB-3222-1 in Section 
III of the 2004 Edition up to and including the 2008 Addenda of the 
ASME B&PV Code to include reversing dynamic loads in calculating 
primary bending stresses, if consideration of these loads is warranted.
10 CFR 50.55a(b)(1)(iii)(C)
    The NRC proposes to add a new paragraph(b)(1)(iii)(C) to impose a 
condition on the use of Subarticles NB-3600, NC-3600, and ND-3600 of 
the ASME B&PV Code, Section III when applying the 2006 Addenda through 
the 2008 Addenda of Section III of the ASME B&PV Code by requiring the 
outer diameter-over-thickness ratio (Do/t) to be less than 
or equal to 40. As a result, licensees and applicants may not apply 
Subparagraph NB-3683.2(C), Note (1) to Table NB-3681(a)-1, and Note (3) 
to Figures NC-3673.2(b)-1 and ND-3673.2(b)-1.
10 CFR 50.55a(b)(1)(iv)
    The NRC proposes to modify paragraph (b)(1)(iv) to allow the use 
the 1994 Edition of NQA-1 when applying the 2006 Addenda and later 
Editions and Addenda of the ASME B&PV Code, Section III.
10 CFR 50.55a(b)(1)(vii)
    The NRC proposes to add a new paragraph (b)(1)(vii) to prohibit the 
use of paragraph NB-7742 when applying the 2006 Addenda up to and 
including the 2007 Edition and 2008 Addenda of the ASME B&PV Code, 
Section III. As a result, new Class 1 incompressible-fluid, pressure-
relief valve designs must be tested at the highest values of set-
pressure ranges as required by prior editions and addenda of the ASME 
B&PV Code, Section III.

ASME B&PV Code, Section XI

10 CFR 50.55a(b)(2)
    The NRC proposes to revise the introductory text to paragraph 
(b)(2) to incorporate by reference only Subsections IWA, IWB, IWC, IWD, 
IWE, IWF, IWL, Mandatory and Non-Mandatory Appendices, of the 2005 
Addenda through 2008 Addenda of Section XI of the ASME B&PV Code, with 
conditions, into 10 CFR 50.55a. It would also be revised to make an 
editorial change to the reference to Section XI of the ASME B&PV Code.
10 CFR 50.55a(b)(2)(i)
    The NRC proposes to delete the requirements of current paragraph 
(b)(2)(i) which address limitations on specific editions and addenda. 
Licensees are no longer using these older editions (1974 and 1977 
Editions) and addenda of the ASME B&PV Code. The requirements of 
current paragraph (b)(2)(ii) which address pressure-retaining welds in 
ASME Code Class 1 piping would be redesignated as paragraph (b)(2)(i), 
with no change to redesignated language.
10 CFR 50.55a(b)(2)(ii)
    The NRC proposes to redesignate the requirements of current 
paragraph (b)(2)(vi), which address containment inservice inspection 
requirements, as paragraph (b)(2)(ii). This paragraph is also modified 
to clarify the conditions applicable to this paragraph.
10 CFR 50.55a(b)(2)(iii)
    The NRC proposes to delete the requirements of current paragraph 
(b)(2)(iii) which address steam generator tubing. The NRC proposes 
removal of this condition because the condition is redundant to the 
1989 Edition through the 2008 Addenda of Section XI. The requirements 
of current paragraph (b)(2)(vii) which address Section XI references to 
OM Part 4, OM Part 6, and OM Part 10 would be redesignated as paragraph 
(b)(2)(iii), with no change to redesignated language.
10 CFR 50.55a(b)(2)(iv)
    The NRC proposes to redesignate the requirements of current 
paragraph (b)(2)(viii), which address the inservice examination of 
concrete containments in accordance with Subsection IWL of the ASME 
B&PV Code, Section XI, as paragraph (b)(2)(iv). This paragraph is also 
modified so that the conditions in redesignated paragraphs 
(b)(2)(iv)(F) and (b)(2)(iv)(G) do not apply when using the 2007 
Edition with 2008 Addenda of the ASME B&PV Code, Section XI.
10 CFR 50.55a(b)(2)(v)
    The NRC proposes to redesignate the requirements of current 
paragraph (b)(2)(ix), which address the examination of metal 
containments and the liners of concrete containments in accordance with 
Subsection IWE of the ASME B&PV Code, Section XI, as paragraph 
(b)(2)(v). This paragraph is also modified so that the conditions in 
redesignated paragraphs (b)(2)(v)(F), (b)(2)(v)(G), (b)(2)(v)(H) and 
(b)(2)(v)(I) do not apply when using the 2004 Edition with 2006 Addenda 
through the 2007 Edition with 2008 Addenda of Subsection IWE of the 
ASME B&PV Code, Section XI. Also, this paragraph is modified so that 
the condition in redesignated paragraph (b)(2)(v)(I) would not apply 
when using the 2004 Edition, up to and including, the 2005 Addenda of 
Subsection IWE of the ASME B&PV Code, Section XI.
10 CFR 50.55a(b)(2)(v)(J)
    The NRC proposes to add a new paragraph (b)(2)(v)(J) to address 
major containment modifications as they apply to Class MC and Class CC 
containment structures and the use of Article IWE-5000, of Subsection 
IWE when applying the 2007 Edition up to and including the 2008 Addenda 
of the ASME B&PV Code, Section XI.
10 CFR 50.55a(b)(2)(vi)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(x), which address Quality Assurance, as paragraph 
(b)(2)(vi), with no change to the redesignated language.
10 CFR 50.55a(b)(2)(vii)
    The NRC proposes to redesignate the current paragraph (b)(2)(xi), 
which is ``Reserved,'' as paragraph (b)(2)(vii), and that it remain 
reserved for possible future use.
10 CFR 50.55a(b)(2)(viii)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xii), which address underwater welding, as paragraph 
(b)(2)(viii), with no change to the redesignated language.
10 CFR 50.55a(b)(2)(ix)
    The NRC proposes to redesignate the current paragraph (b)(2)(xiii), 
which is ``Reserved,'' as paragraph (b)(2)(ix), and that it remain 
reserved for possible future use.
10 CFR 50.55a(b)(2)(x)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xiv), which address Appendix VIII personnel 
qualifications, as paragraph (b)(2)(x), with no change to the 
redesignated language.
10 CFR 50.55a(b)(2)(xi)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xv), which address Appendix VIII specimen set and 
qualification requirements, as paragraph (b)(2)(xi). The paragraph 
would be modified by limiting the use of the provisions described in 
redesignated paragraphs (b)(2)(xi)(A) through (b)(2)(xi)(M) to 
licensees using editions and addenda of the B&PV Code after the 2001 
Edition through the 2006 Addenda.

[[Page 24347]]

10 CFR 50.55a(b)(2)(xii)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xvi), which address Appendix VIII single-sided 
ferritic-vessel and piping and stainless steel piping examination, as 
paragraph (b)(2)(xii), with no change to the redesignated language.
10 CFR 50.55a(b)(2)(xiii)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xvii), which address reconciliation of quality 
requirements, as paragraph (b)(2)(xiii), with no change to the 
redesignated language.
10 CFR 50.55a(b)(2)(xiv)(A)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xviii)(A), which address certification of NDE 
personnel, as paragraph (b)(2)(xiv)(A), with no change to the 
redesignated language.
10 CFR 50.55a(b)(2)(xiv)(B)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xviii)(B), which address Certification of NDE 
personnel, as paragraph (b)(2)(xiv)(B). In addition, the requirements 
would be revised such that the condition would not apply to the 2007 
Edition through the 2008 Addenda of Section XI.
10 CFR 50.55a(b)(2)(xiv)(C)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xviii)(C), which address certification of NDE 
personnel, as paragraph (b)(2)(xiv)(C). In addition, the requirements 
would be revised such that the current conditions on the qualification 
of VT-3 examination personnel would not apply to the 2005 Addenda 
through the 2008 Addenda of Section XI.
10 CFR 50.55a(b)(2)(xv)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xix), which address substitution of alternative 
methods, as paragraph (b)(2)(xv). In addition, the requirements would 
be revised so the current conditions for the substitution of 
alternative examination methods in that paragraph would not apply when 
using the 2005 Addenda through the 2008 Addenda. The paragraph would 
also be revised to impose the condition that paragraphs IWA-4520(b)(2) 
and IWA-4521 of the 2007 Edition of Section XI, Division 1, with 2008 
Addenda, are not approved for use.
10 CFR 50.55a(b)(2)(xvi)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xx), which address system leakage tests, as paragraph 
(b)(2)(xvi), with no change to the redesignated language.
10 CFR 50.55a(b)(2)(xvii)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xxi), which address Table IWB-2500-1 examination 
requirements, as paragraph (b)(2)(xvii), with no change to the 
redesignated language.
10 CFR 50.55a(b)(2)(xviii)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xxii), which address surface examination, as paragraph 
(b)(2)(xviii), with no change to the redesignated language.
10 CFR 50.55a(b)(2)(xix)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xxiii), which address evaluation of thermally cut 
surfaces, as paragraph (b)(2)(xix), with no change to the redesignated 
language.
10 CFR 50.55a(b)(2)(xx)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xxiv), which address incorporation of the performance 
demonstration initiative and addition of ultrasonic examination 
criteria, as paragraph (b)(2)(xx). In addition, the requirements would 
be revised so that the current condition would not apply when using the 
2007 Edition through the 2008 Addenda of Section XI of the ASME B&PV 
Code.
10 CFR 50.55a(b)(2)(xxi)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xxv), which address mitigation of defects by 
modification, as paragraph (b)(2)(xxi), with no change to the 
redesignated language.
10 CFR 50.55a(b)(2)(xxii)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xxvi), which address pressure testing of Class 1, 2, 
and 3 mechanical joints, as paragraph (b)(2)(xxii), with no change to 
the redesignated language.
10 CFR 50.55a(b)(2)(xxiii)
    The NRC proposes to redesignate the requirements in current 
paragraph (b)(2)(xxvii), which address removal of insulation, as 
paragraph (b)(2)(xxiii). In addition, the requirements would be revised 
to add a condition to refer to paragraph IWA-5241 instead of IWA-5242 
for the 2007 Edition and later addenda of Section XI of the ASME B&PV 
Code.
10 CFR 50.55a(b)(2)(xxiv)
    The NRC proposes to add a new paragraph (b)(2)(xxiv) which would 
condition the use of the fatigue crack growth rate calculation for 
subsurface flaws defined in paragraph A-4300(b)(1) of Section XI, 
Nonmandatory Appendix A when the ratio of the minimum cyclic stress to 
the maximum cyclic stress (R) is less than zero.
10 CFR 50.55a(b)(2)(xxv)
    The NRC proposes to add a new paragraph (b)(2)(xxv) which would 
condition the use of ASME B&PV Code, Section XI, Non-Mandatory Appendix 
E, by establishing that Section E-1200 is not acceptable for use.
10 CFR 50.55a(b)(2)(xxvi)
    The NRC proposes to add a new paragraph (b)(2)(xxvi) which would 
condition the use of ASME B&PV Code, Section XI, Non-Mandatory Appendix 
R to require licensees to submit an alternative in accordance with 
paragraph (a)(3) and obtain NRC authorization of the proposed 
alternative prior to implementing Appendix R, RI-ISI programs.

ASME OM Code

10 CFR 50.55a(b)(3)
    The NRC proposes to revise the introductory text of paragraph 
(b)(3) to require that the 2004 Edition with the 2005 and 2006 Addenda 
of the ASME OM Code be used during the initial 120-month IST interval 
under paragraph (f)(4)(i) and during mandatory 120-month IST program 
updates under paragraph (f)(4)(ii). The proposed revision would also 
allow users to voluntarily update their IST programs to the 2004 
Edition with the 2005 and 2006 Addenda of the ASME OM Code under 
paragraph (f)(4)(iv).
10 CFR 50.55a(b)(3)(v)
    The NRC proposes to revise paragraph (b)(3)(v) to require that the 
provisions in Subsection ISTD of the ASME OM Code be used for the 
inservice examination and testing of snubbers when using the 2006 
Addenda and later editions and addenda of Section XI.
10 CFR 50.55a(b)(3)(vi)
    The NRC proposes to revise paragraph (b)(3)(vi) to require that the 
current condition for exercising manual valves continue to apply when 
using the 1999 through 2005 Addenda of the ASME OM Code. This condition 
would not apply to the 2006 Addenda and later

[[Page 24348]]

editions and addenda of the ASME OM Code.

Reactor Coolant Pressure Boundary, Quality Group B Components and 
Quality Group C Components

    The NRC proposes to revise paragraphs (c)(3), (d)(2), and (e)(2) to 
replace ``but--'' with ``subject to the following conditions'' at the 
end of the introductory text to the paragraphs for clarity.

Inservice Testing Requirements

10 CFR 50.55a(f)(5)(iv)
    The NRC proposes to revise paragraph (f)(5)(iv) to clarify that 
licensees are required to submit requests for relief based on 
impracticality within 12 months after the expiration of the IST 
interval for which relief is being sought.

Inservice Inspection Requirements

10 CFR 50.55a(g)(2), (g)(3)(i), (g)(3)(ii), the Introductory Text of 
(g)(4), (g)(4)(i), and (g)(4)(ii)
    The NRC proposes to revise paragraphs (g)(2), (g)(3)(i), 
(g)(3)(ii), (g)(4)(i) and (g)(4)(ii) to require that the provisions in 
Subsection ISTD of the ASME OM Code, and the optional ASME code cases 
listed in Regulatory Guide 1.192, be used for the ISI of snubbers. The 
introductory text of paragraph (g)(4) would be revised to require that 
licensees use the provisions for examination and testing snubbers in 
Subsection ISTD of the ASME OM Code.
10 CFR 50.55a(g)(4)(iii)
    The NRC proposes to revise paragraph (g)(4)(iii) to provide the 
proper references to Section XI, Table IWB-2500-1, ``Examination 
Category B-J,'' Item Numbers B9.20, B9.21 and B9.22.
10 CFR 50.55a(g)(5)(iii)
    The NRC proposes to revise paragraph (g)(5)(iii) by adding a 
sentence to clarify that a request for relief must be submitted to the 
NRC no later than 12 months after the examination has been attempted 
during a given ISI interval and the ASME Code requirement determined to 
be impractical.
10 CFR 55a(g)(5)(iv)
    The NRC proposes to revise paragraph (g)(5)(iv) to clarify that 
licensees are required to submit requests for relief based on 
impracticality within 12 months after the end of the ISI interval for 
which relief is being sought.
10 CFR 50.55a(g)(6)(ii)(E)(1) through (g)(6)(ii)(E)(3)
    The NRC proposes to revise paragraphs (g)(6)(ii)(E)(1) through 
(g)(6)(ii)(E)(3) to update the requirement to implement Code Case N-
722-1.
10 CFR 50.55a(g)(6)(ii)(F)
    The NRC proposes to add a new paragraph (g)(6)(ii)(F), ``Inspection 
Requirements for Class 1 Pressurized Water Reactor Piping and Vessel 
Nozzle Butt Welds,'' to require licensees to implement ASME Code Case 
N-770, with conditions.

Footnote 1 to 10 CFR 50.55a(g)(6)(ii)(E)

    The NRC proposes to revise footnote 1 to paragraph (g)(6)(ii)(E) to 
clarify that for inspections conducted once per interval, the portion 
of welds to be inspected in the remaining portion of the interval be 
based on rules already established by the ASME B&PV Code.

Substitution of the Term ``Condition'' in 10 CFR 50.55a

    The NRC proposes to substitute the words ``limitation(s),'' 
``modification(s),'' and ``provision(s)'' with the word 
``condition(s)'' throughout 10 CFR 50.55a, as shown in Table 1 of this 
document, for consistency.

V. Generic Aging Lessons Learned Report

    In September 2005, the NRC issued ``Generic Aging Lessons Learned 
(GALL) Report,'' NUREG-1801, Volumes 1 and 2, Revision 1, for 
applicants to use in preparing their license renewal applications. The 
GALL Report evaluates existing programs and documents the bases for 
determining when existing programs, without change or augmentation, are 
adequate for aging management compliance in the license renewal rule, 
as given in 10 CFR 54.21(a)(3). In Revision 1 of the GALL Report, 
editions of the ASME B&PV Code, Section XI, Subsections IWB, IWC, IWD, 
IWE, IWF, and IWL from the 1995 Edition through the 2001 Edition, 
inclusive of the 2003 Addenda, were evaluated and were found to be 
acceptable editions and addenda for complying with the requirements of 
10 CFR 54.21(a)(3), unless specifically noted in specific sections of 
the GALL Report.
    In the GALL Report, Section XI.M1, ``ASME Section XI Inservice 
Inspection, Subsections IWB, IWC, and IWD;'' Section XI.S1, ``ASME 
Section XI, Subsection IWE;'' Section XI.S2,''ASME Section XI, 
Subsection IWL;'' and Section XI.S3, ``ASME Section XI, Subsection 
IWF'' describe the evaluation and technical bases for determining the 
adequacy of these ASME Code subsections. In addition, many other aging 
management programs (AMPs) in the GALL report rely in part, but to a 
lesser degree, on the requirements in the ASME B&PV Code, Section XI.
    The NRC has evaluated Subsections IWB, IWC, IWD, IWE, IWF, and IWL 
of Section XI of the ASME B&PV Code, 2004 Edition with the 2005 Addenda 
through the 2007 Edition with the 2008 Addenda as part of the Sec.  
50.55a amendment process to determine if the conclusions of the GALL 
Report also apply to AMPs that rely upon the ASME B&PV Code editions 
and addenda that are proposed to be incorporated by reference into 
Sec.  50.55a by this rule. The NRC finds that the 2004 Edition, 
inclusive of the 2005 and 2006 Addenda, and the 2007 Edition, inclusive 
of the 2008 Addenda of Sections XI of the ASME B&PV Code, Subsections 
IWB, IWC, IWD, IWE, IWF, and IWL, as subject to the conditions of this 
rule, are acceptable to be adopted as AMPs for license renewal and the 
conclusions of the GALL Report remain valid, except where specifically 
noted and augmented in the GALL Report. Accordingly, an applicant for 
license renewal may use Subsections IWB, IWC, IWD, IWE, IWF, and IWL of 
Section XI of the 2004 Edition with the 2005 and 2006 Addenda through 
the 2007 Edition with the 2008 Addenda of the ASME B&PV Code, subject 
to conditions proposed in this rule, as acceptable alternatives to the 
requirements of the 1995 Edition through the 2001 Edition up to and 
including the 2003 Addenda of the ASME B&PV Code, Section XI, 
referenced in Revision 1 of the GALL Report in its plant-specific 
license renewal application. Similarly, a licensee approved for license 
renewal that relied on the GALL AMPs may use Subsections IWB, IWC, IWD, 
IWE, IWF, and IWL of Section XI of the 2004 Edition with the 2005 
Addenda and the 2006 Addenda through the 2007 Edition with the 2008 
Addenda of the ASME B&PV Code as acceptable alternatives to the AMPs 
described in the Revision 1 of the GALL report. However, a licensee 
must assess and follow applicable NRC requirements with regard to 
changes to its licensing basis.
    The NRC, however, notes that the GALL Report includes Subsection 
IWE and IWL AMPs that are evaluated based on the requirements in the 
1992 Edition and 2001 Edition through the 2003 Addenda of Section XI of 
the ASME B&PV Code. Also, some of the terminology used and some details 
in these AMPs are based on the 1992 Edition. Since these AMPs in 
Revision 1 of the GALL report have a specific ASME B&PV Code year in 
the description of the AMP or in one or more of the ten elements, the 
details in the AMP based on a specific ASME

[[Page 24349]]

B&PV Code edition may not be accurate for other editions.
    Revision 1 of the GALL report includes AMPs that are based on the 
requirements in the 1995 Edition through the 2003 Addenda of Section XI 
of the ASME B&PV Code but in which the AMPs may recommend additional 
augmentation of the Code requirements in order to achieve aging 
management for license renewal. The technical or regulatory aspects of 
the AMPs, for which augmentation is recommended, also apply if using 
the 2004 Edition inclusive of the 2005 Addenda, or the 2007 Edition, 
inclusive of the 2008 Addenda, of Section XI of the ASME B&PV Code to 
meet the requirements of 10 CFR 54.21(a)(3). A license renewal 
applicant may either augment its AMPs in these areas, as described in 
the GALL report, or propose alternatives (exceptions) for the NRC to 
review as part of a plant-specific program element justification for 
its AMP.
    For PWRs, the NRC currently provides license renewal guidance for 
augmented inspections of PWR upper reactor vessel heads and their 
penetration nozzles in GALL AMP XI.M11, ``Nickel-Alloy Nozzles and 
Penetrations'' and Alloy 600 Line items. As part of this AMP, PWR upper 
reactor vessel heads and their penetrations are discussed in GALL AMP 
XI.M11A, ``Nickel-Alloy Penetration Nozzles Welded to the Upper Reactor 
Vessel Closure Heads of Pressurized Water Reactors (PWR Only).'' The 
current program elements and aging management recommendations in GALL 
AMP XI.M11A are based on the augmented inspection requirements in the 
First Revised Order EA-03-009, ``Issuance of First Revised Order (EA-
03-009) Establishing Interim Inspection Requirements for Reactor 
Pressure Vessel Heads at Pressurized Water Reactors.'' For licensees 
that have been granted a renewed operating license and have committed 
to an AMP that is based on both conformance with GALL AMP XI.M11A and 
compliance with First Revised Order EA-03-009, the licensees may update 
the program elements of their AMP to reflect compliance with the 
proposed requirements in 10 CFR 50.55a(g)(6)(ii)(D) and (g)(6)(ii)(E) 
without having to identify an exception to GALL AMP XI.M11A. For new or 
current license renewal applicants, they may reference conformance with 
GALL AMP XI.M11 and compliance with the proposed augmented inspection 
requirements in paragraphs 10 CFR 50.55a(g)(6)(ii)(D), (g)(6)(ii)(E) 
and (g)(6)(ii)(F) without the need for taking an exception to the 
program elements in GALL AMP XI.M11 or GALL AMP XI.M11A.

VI. Specific Request for Comments

    The NRC requests public comment on the changes to Code editions and 
addenda, and Code Cases N-722-1 and N-770, as part of this proposed 
rulemaking. The NRC also requests comments on specific NRC questions 
associated with its implementing 10 CFR 50.55a rulemaking process 
improvements to make incorporating by reference ASME B&PV Code editions 
and addenda into 10 CFR 50.55a more predictable and consistent. The 
primary process improvement is to have a 2-year rulemaking cycle 
consisting of 1-year to develop an adequate Regulatory Basis and send a 
proposed rule to NRC management for approval, and an additional 1-year 
from publishing the proposed rulemaking in the Federal Register to 
publishing the final rule (this includes the public comment period). 
This 2-year rulemaking cycle is to remain consistent, regardless of the 
number of code editions or addenda incorporated into 10 CFR 50.55a in 
the rulemaking. This should make publishing these rulemakings more 
consistent. However, this does not help users of the ASME B&PV Code 
predict when the NRC will incorporate new editions and addenda of the 
ASME Code into 10 CFR 50.55a as that would depend on when the NRC 
begins each 2-year rulemaking cycle.
    As previously mentioned, the ASME issues new editions of the ASME 
B&PV Code every 3 years, issues addenda to the editions yearly except 
in years when a new edition is issued, and periodically publishes new 
editions and addenda of the ASME OM Code. However, the NRC understands 
that ASME is re-evaluating this process. The NRC could begin its 
rulemaking cycle any time (subject to availability of resources and 
other constraints) after the ASME publishes its code editions and 
addenda. However, the NRC is trying to determine how often it should 
publish its ASME B&PV Code rulemakings to suit the largest number of 
users. Some users have told the NRC that they prefer to have code 
rulemakings published every 2 years, while others have indicated that 
they prefer a 3-year interval. Accordingly, the NRC is requesting 
comments on the following questions:
    1. What should the scope of the ASME B&PV Code edition and addenda 
rulemaking be (i.e., how many editions and addenda should be compiled 
into a single rulemaking)?
    2. What should the frequency of ASME B&PV Code edition and addenda 
rulemaking be (i.e., how often should the NRC incorporate by reference 
Code editions and addenda into 10 CFR 50.55a)?
    3. In what ways should the NRC communicate the scope, schedule for 
publishing the rulemakings in the Federal Register, and status of 10 
CFR 50.55a rulemakings to external users?

The NRC will review the responses to these questions to help determine 
agency positions on the scope, frequency, and methods to communicate 10 
CFR 50.55a rulemakings.

VII. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires agencies to use technical standards that 
are developed or adopted by voluntary consensus standards bodies 
instead of government-unique standards, unless the use of such a 
standard is inconsistent with applicable law or is otherwise 
impractical. Public Law.104-113 requires Federal agencies to use 
industry consensus standards to the extent practical; it does not 
require Federal agencies to endorse a standard in its entirety. The law 
does not prohibit an agency from generally adopting a voluntary 
consensus standard while taking exception to specific portions of the 
standard if those provisions are deemed to be ``inconsistent with 
applicable law or otherwise impractical.'' Furthermore, taking specific 
exceptions furthers the Congressional intent of Federal reliance on 
voluntary consensus standards because it allows the adoption of 
substantial portions of consensus standards without the need to reject 
the standards in their entirety because of limited provisions which are 
not acceptable to the agency.
    The NRC is proposing to amend its regulations to incorporate by 
reference more recent editions and addenda of Sections III and XI of 
the ASME B&PV Code and ASME OM Code, for construction, in-service 
inspection, and in-service testing of nuclear power plant components. 
ASME B&PV and OM Codes are national consensus standards developed by 
participants with broad and varied interests, in which all interested 
parties (including the NRC and licensees of nuclear power plants) 
participate. In an SRM dated September 10, 1999, the Commission 
indicated its intent that a rulemaking identify all parts of an adopted 
voluntary consensus standard that are not adopted and to justify not 
adopting such parts. The parts of the ASME B&PV Code and OM Code that 
the NRC proposes not to adopt, or to partially adopt, are

[[Page 24350]]

previously identified in Section II and in the draft regulatory and 
backfit analysis. The parts of the ASME B&PV Code, OM Code, and Code 
Cases N-722-1 and N-770 that the NRC proposes to be conditionally 
acceptable, along with the conditions under which they may be applied, 
are also identified in Section II and in the draft regulatory and 
backfit analysis. If the NRC did not conditionally accept ASME 
editions, addenda, and code cases, it would disapprove these 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. For these reasons, the treatment of ASME 
Code editions and addenda, and code cases and any conditions proposed 
to be 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.
    The justification for not adopting parts of, or conditioning, the 
ASME B&PV Code, OM Code, and Code Cases N-722-1 and N-770 as set forth 
in these statements of consideration and the draft regulatory and 
backfit analysis for this proposed rule, satisfy the requirements of 
Section 12(d)(3) of Public Law 104-113, Office of Management and Budget 
(OMB) Circular A-119, and the Commission's direction in the SRM dated 
September 10, 1999. In accordance with the National Technology Transfer 
and Advancement Act of 1995 and OMB Circular A-119, the NRC is 
requesting public comment regarding whether other national or 
international consensus standards could be endorsed as an alternative 
to the ASME B&PV Code and the ASME OM Code.

VIII. Finding of No Significant Environmental Impact: Environmental 
Assessment

    This proposed action is in accordance with the NRC's policy to 
incorporate by reference in 10 CFR 50.55a new editions and addenda of 
the ASME B&PV and OM Codes to provide updated rules for constructing 
and inspecting components and testing pumps, valves, and dynamic 
restraints (snubbers) in light-water nuclear power plants. ASME Codes 
are national voluntary consensus standards and are required by the 
National Technology Transfer and Advancement Act of 1995, Public Law 
104-113, to be used by government agencies unless the use of such a 
standard is inconsistent with applicable law or otherwise impractical. 
The National Environmental Policy Act (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 (42 U.S.C. 
4332(C)); NEPA Sec. 102(C)).
    The NRC has determined under NEPA, as amended, and the NRC's 
regulations in Subpart A of 10 CFR Part 51, that this proposed 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 proposed rulemaking will not 
significantly increase the probability or consequences of accidents; no 
changes are being made in the types of effluents that may be released 
off-site; and there is no significant increase in public radiation 
exposure. The NRC estimates the radiological dose to plant personnel 
performing the inspections required by Code Case N-770 would be about 3 
rems per plant over a 10-year interval, and a one-time exposure for 
mitigating welds of about 30 rems per plant. As required by 10 CFR part 
20, and in accordance with current plant procedures and radiation 
protection programs, plant radiation protection staff will continue 
monitoring dose rates and would make adjustments in shielding, access 
requirements, decontamination methods, and procedures as necessary to 
minimize the dose to workers. The increased occupational dose to 
individual workers stemming from the Code Case N-770 inspections must 
be maintained within the limits of 10 CFR part 20 and as low as 
reasonably achievable. Therefore, the NRC concludes that the increase 
in occupational exposure would not be significant. The proposed 
rulemaking does not involve non-radiological plant effluents and has no 
other environmental impact. Therefore, no significant non-radiological 
impacts are associated with the proposed action. The determination of 
this draft environmental assessment is that there will be no 
significant off-site impact to the public from this action. However, 
the NRC is seeking public comment of the draft environmental 
assessment. Comments on any aspect of the environmental assessment may 
be submitted to the NRC as indicated under the ADDRESSES heading of 
this document.

IX. Paperwork Reduction Act Statement

    The public burden for this information collection is estimated to 
be a reduction of 120 hours, which is insignificant. Because the burden 
for this information collection is insignificant, Office of Management 
and Budget (OMB) clearance is not required. Existing requirements were 
approved by the Office of Management and Budget, control number 3150-
0011.
    This proposed rule would impose ASME Code Cases N-722-1 and N-770 
which results in licensees having to revise their ISI programs and 
procedures. The NRC estimates that the burden of preparing new ISI 
program content and procedures is 40 person-hours per plant over the 
next 3 years. This one-time burden affects 69 PWR plants, so the total 
burden on an annual basis would be 920 hours. However, there are a 
number of changes in the ASME Code edition and addenda associated with 
this proposed rulemaking related to qualification of inspections in 
Section XI, Appendix VIII. These changes would result in a one-time 
reduction of about 5 relief requests per plant (104 PWR and BWR plants) 
per 10-year ISI interval that would have otherwise been necessary. 
Assuming 20 hours of licensee time to prepare each relief request 
results in a one-time paperwork reduction of about 1,040 hours on an 
annual basis. Overall, the burden on licensees for information 
collection for this proposed rulemaking is reduced by 120 hours.
    The NRC is seeking public comment on the potential impact of the 
information collections contained in this proposed rule 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 burden accurate?
    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected?
    4. How can the burden of the information collection be minimized, 
including the use of automated collection techniques?
    A copy of the NRC Form 670, ``Information Required for Making an 
Insignificant Burden Determination To Support a Decision That OMB 
Clearance Is Not Required,'' may be viewed free of charge at the NRC 
Public Document Room, One White Flint North, 11555 Rockville Pike, Room 
O-1 F21, Rockville, MD 20852. The NRC Form 670 and rule are available 
at the NRC worldwide Web site: http://www.nrc.gov/public-involve/doccomment/omb/index.html for 60 days after the signature date of this 
notice.

[[Page 24351]]

    Send comments on any aspect of these proposed information 
collections, including suggestions for reducing the burden and on the 
above issues, by June 3, 2010 to the Records and FOIA/Privacy Services 
Branch (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, or by Internet electronic mail to 
[email protected] and to Christine J. Kymn, the Desk 
Officer, Office of Information and Regulatory Affairs, NEOB-10202 
(3150-0011), Office of Management and Budget, Washington, DC 20503. 
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. You may also e-mail comments to 
[email protected] or comment by telephone at 202-395-4638.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
unless the requesting document displays a currently valid OMB control 
number.

X. Regulatory and Backfit Analysis

    The NRC has prepared a Regulatory and Backfit Analysis on this 
proposed rule. The analysis is available for review as indicated in 
Section I, ``Submitting Comments and Accessing Information,'' of this 
document.

XI. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC 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 
commercial nuclear power plants. A licensee who is a subsidiary of a 
large entity does not qualify as a small entity. 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), as the companies:
     Provide services that are not engaged in manufacturing, 
and have average gross receipts of more than $6.5 million over their 
last 3 completed fiscal years, and have more than 500 employees;
     Are not governments of a city, county, town, township or 
village;
     Are not school districts or special districts with 
populations of less than 50; and
     Are not small educational institutions.

List of Subjects in 10 CFR Part 50

    Antitrust, Classified information, Criminal penalties, Fire 
protection, 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 proposes 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 continues to read as follows:

    Authority:  Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 
68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 
234, 83 Stat. 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); Energy 
Policy Act of 2005, Pub. L. 109-58, 119 Stat. 194 (2005).
    Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 
U.S.C. 5841), 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). Sections 50.58, 50.91, and 
50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 
2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 
U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 68 
Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under 
sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

    2. In Sec.  50.55a:
    a. Revise paragraph (a), the introductory text of paragraphs (b) 
and (b)(1), paragraphs (b)(1)(ii), (b)(1)(iii), and (b)(1)(iv); and add 
paragraph (b)(1)(vii);
    b. Revise paragraph (b)(2);
    c. Revise the introductory text of paragraph (b)(3), paragraphs 
(b)(3)(v), (b)(3)(vi), (c)(3), (d)(2), (e)(2), (f)(2), (f)(3)(v), 
(f)(4), (f)(5)(iv), (g)(2), (g)(3), (g)(4), (g)(5)(iii), (g)(5)(iv), 
(g)(6)(ii)(B), (g)(6)(ii)(E)(1), (g)(6)(ii)(E)(2), and 
(g)(6)(ii)(E)(3);
    d. Add paragraph (g)(6)(ii)(F); and
    e. Revise footnote 1 to this section that appears after paragraph 
(h)(3) to read as follows:


Sec.  50.55a  Codes and standards.

* * * * *
    (a) Quality standards, ASME Codes and IEEE standards, and 
alternatives.
    (1) Structures, systems, and components must be designed, 
fabricated, erected, constructed, tested, and inspected to quality 
standards commensurate with the importance of the safety function to be 
performed.
    (2) Systems and components of boiling and pressurized water-cooled 
nuclear power reactors must meet the requirements of the ASME Boiler 
and Pressure Vessel Code specified in paragraphs (b), (c), (d), (e), 
(f), and (g) of this section. Protection systems of nuclear power 
reactors of all types must meet the requirements specified in paragraph 
(h) of this section.
    (3) Proposed alternatives to the requirements of paragraphs (c), 
(d), (e), (f), (g), and (h) of this section, or portions thereof, may 
be used when authorized by the Director, Office of Nuclear Reactor 
Regulation, or Director, Office of New Reactors, as appropriate. Any 
proposed alternatives must be submitted and authorized prior to 
implementation. The applicant or licensee shall demonstrate that:
    (i) The proposed alternatives would provide an acceptable level of 
quality and safety; or
    (ii) Compliance with the specified requirements of this section 
would result in hardship or unusual difficulty without a compensating 
increase in the level of quality and safety.
    (b) Standards approved for incorporation by reference. The 
following standards have been approved for incorporation by reference 
by the Director of the Federal Register pursuant to 5 U.S.C. 552(a) and 
1 CFR Part 51: Section III, Division 1 (excluding Non-mandatory 
Appendices) and Section XI, Division 1, of 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; NRC Regulatory Guide 1.84, Revision 34, 
``Design, Fabrication, and Materials Code Case Acceptability, ASME 
Section III'' (October 2007), NRC Regulatory Guide 1.147, Revision 15, 
``Inservice Inspection Code Case Acceptability, ASME Section XI, 
Division 1'' (October 2007), and Regulatory Guide 1.192, ``Operation 
and Maintenance Code Case Acceptability, ASME OM Code'' (June 2003), 
which list ASME Code cases that

[[Page 24352]]

the NRC has approved in accordance with the requirements in paragraphs 
(b)(4), (b)(5), and (b)(6) of this section; ASME Code Case N-722-1, 
``Additional Examinations for PWR Pressure Retaining Welds in Class 1 
Components Fabricated with Alloy 600/82/182 Materials, Section XI, 
Division 1'' (ASME Approval Date: January 26, 2009), which has been 
approved by the NRC with conditions in accordance with the requirements 
in paragraph (g)(6)(ii)(E) of this section; ASME Code Case N-729-1, 
``Alternative Examination Requirements for PWR Reactor Vessel Upper 
Heads With Nozzles Having Pressure-Retaining Partial-Penetration Welds, 
Section XI, Division 1'' (ASME Approval Date: March 28, 2006), which 
has been approved by the NRC with conditions in accordance with the 
requirements in paragraph (g)(6)(ii)(D) of this section; and ASME Code 
Case N-770, ``Alternative Examination Requirements and Acceptance 
Standards for Class 1 PWR Piping and Vessel Nozzle Butt Welds 
Fabricated with UNS N06082 or UNS W86182 Weld Filler Material With or 
Without Application of Listed Mitigation Activities, Section XI, 
Division 1,'' (ASME Approval Date: January 26, 2009), which has been 
approved by the NRC with conditions in accordance with the requirements 
in paragraph (g)(6)(ii)(F) of this section. Copies of the ASME Boiler 
and Pressure Vessel Code, the ASME Code for Operation and Maintenance 
of Nuclear Power Plants, ASME Code Case N-722-1, ASME Code Case N-729-
1, and ASME Code Case N-770 may be purchased from the American Society 
of Mechanical Engineers, Three Park Avenue, New York, NY 10016 or 
through the Web http://www.asme.org/Codes/. 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 call 301-415-5610, 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/cfr/ibr-locations.html.
    (1) As used in this section, references to Section III refer to 
Section III of the ASME Boiler and Pressure Vessel Code, and include 
the 1963 Edition through 1973 Winter Addenda, and the 1974 Edition 
(Division 1) through the 2008 Addenda (Division 1), subject to the 
following conditions:
* * * * *
    (ii) Weld leg dimensions. When applying the 1989 Addenda through 
the latest edition and addenda incorporated by reference in paragraph 
(b)(1) of this section, applicants or licensees may not apply 
subparagraphs NB-3683.4(c)(1) and NB-3683.4(c)(2) or Footnote 11 from 
the 1989 Addenda through the 2003 Addenda, or Footnote 13 from the 2004 
Edition through the 2008 Addenda to Figures NC-3673.2(b)-1 and ND-
3673.2(b)-1 for welds with leg size less than 1.09 tn.
    (iii) Seismic design of piping. Applicants or licensees may use 
Subarticles NB-3200, NB-3600, NC-3600, and ND-3600 for seismic design 
of piping, up to and including the 1993 Addenda, subject to the 
condition specified in paragraph (b)(1)(ii) of this section. Applicants 
or licensees may not use these subarticles for seismic design of piping 
in the 1994 Addenda through the 2006 Addenda incorporated by reference 
in paragraph (b)(1) of this section except that Subarticle NB-3200 in 
the 2004 Edition through the 2008 Addenda may be used by applicants and 
licensees subject to the condition in paragraph (b)(1)(iii)(B) of this 
section. Applicants or licensees may use Subarticles NB-3600, NC-3600 
and ND-3600 for the seismic design of piping in the 2006 Addenda 
through the 2008 Addenda subject to the conditions of this paragraph 
corresponding to these subarticles.
    (A) For Class 1 elbows and tees of ferritic steel materials 
operating at temperatures above 300 [deg]F, the allowable 
B2' index defined in Subparagraph NB-3656(b)(3) shall be no 
less than 0.75B2 from Table NB-3681(A)-1.
    (B) When applying Note (1) of Figure NB-3222-1 for Level B service 
limits, the calculation of Pb stresses must include 
reversing dynamic loads (including inertia earthquake effects) if 
evaluation of these loads is required.
    (C) Do/t must not be greater than 40, where 
Do is the outer diameter of pipe, and t is the nominal pipe 
thickness. Subparagraph NB-3683.2(C), Note (1) to Table NB-3681(a)-1, 
Note (3) to Figures NC-3673.2(b)-1 and ND-3673.2(b)-1 may not be 
applied.
    (iv) Quality assurance. When applying editions and addenda later 
than the 1989 Edition of Section III, the requirements of NQA-1, 
``Quality Assurance Requirements for Nuclear Facilities,'' 1986 Edition 
through the 1994 Edition, are acceptable for use, provided that the 
edition and addenda of NQA-1 specified in NCA-4000 is used in 
conjunction with the administrative, quality, and technical provisions 
contained in the edition and addenda of Section III being used.
* * * * *
    (vii) Capacity certification and demonstration of function of 
incompressible-fluid pressure-relief valves. When applying the 2006 
Addenda through the 2008 Addenda, applicants or licensees may not apply 
paragraph NB-7742 of the ASME B&PV Code, Section III. New Class 1 
incompressible-fluid, pressure-relief valve designs must be tested at 
the highest values of set-pressure ranges as required by prior editions 
and addenda of the ASME B&PV Code, Section III.
    (2) As used in this section, references to Section XI refer to 
Section XI, Division 1, of the ASME Boiler and Pressure Vessel Code, 
and include the 1970 Edition though the 1976 Winter Addenda, and the 
1977 Edition through the 2007 Edition with the 2008 Addenda, subject to 
the following conditions:
    (i) Pressure-retaining welds in ASME Code Class 1 piping (applies 
to Table IWB-2500 and IWB-2500-1 and Category B-J). If the facility's 
application for a construction permit was docketed prior to July 1, 
1978, the extent of examination for Code Class 1 pipe welds may be 
determined by the requirements of Table IWB-2500 and Table IWB-2600 
Category B-J of Section XI of the ASME B&PV Code in the 1974 Edition 
and addenda through the Summer 1975 Addenda or other requirements the 
NRC may adopt.
    (ii) Effective edition and addenda of Subsection IWE and Subsection 
IWL, Section XI. Applicants or licensees may use either the 1992 
Edition with the 1992 Addenda or the 1995 Edition with the 1996 Addenda 
of Subsection IWE and Subsection IWL as conditioned by the requirements 
in paragraphs (b)(2)(iv) and (b)(2)(v) of this section when 
implementing the initial 120-month inspection interval for the 
containment inservice inspection requirements of this section. 
Successive 120-month interval updates must be implemented in accordance 
with paragraph (g)(4)(ii) of this section.
    (iii) Section XI References to OM Part 4, OM Part 6 and OM Part 10 
(Table

[[Page 24353]]

IWA-1600-1). When using Table IWA-1600-1, ``Referenced Standards and 
Specifications,'' in the Section XI, Division 1, 1987 Addenda, 1988 
Addenda, or 1989 Edition, the specified ``Revision Date or Indicator'' 
for ASME/ANSI OM Part 4, ASME/ANSI Part 6, and ASME/ANSI Part 10 must 
be the OMa-1988 Addenda to the OM-1987 Edition. These requirements have 
been incorporated into the OM Code which is incorporated by reference 
in paragraph (b)(3) of this section.
    (iv) Examination of concrete containments. Applicants or licensees 
applying Subsection IWL, 1992 Edition with the 1992 Addenda, shall 
apply paragraphs (b)(2)(iv)(A) of this section. Applicants or licensees 
applying Subsection IWL, 1995 Edition with the 1996 Addenda, shall 
apply paragraphs (b)(2)(iv)(A), (b)(2)(iv)(D)(3), and (b)(2)(iv)(E) of 
this section. Applicants or licensees applying Subsection IWL, 1998 
Edition through the 2000 Addenda shall apply paragraphs (b)(2)(iv)(E) 
and (b)(2)(iv)(F) of this section. Applicants or licensees applying 
Subsection IWL, 2001 Edition through the 2004 Edition, up to and 
including the 2006 Addenda, shall apply paragraphs (b)(2)(iv)(E) 
through (b)(2)(iv)(G) of this section. Applicants or licensees applying 
Subsection IWL, 2007 Edition through the latest edition and addenda 
incorporated by reference in paragraph (b)(2) of this section, shall 
apply paragraph (b)(2)(iv)(E) of this section.
    (A) Grease caps that are accessible must be visually examined to 
detect grease leakage or grease cap deformations. Grease caps must be 
removed for this examination when there is evidence of grease cap 
deformation that indicates deterioration of anchorage hardware.
    (B) When evaluation of consecutive surveillances of prestressing 
forces for the same tendon or tendons in a group indicates a trend of 
prestress loss such that the tendon force(s) would be less than the 
minimum design prestress requirements before the next inspection 
interval, an evaluation must be performed and reported in the 
Engineering Evaluation Report as prescribed in IWL-3300.
    (C) When the elongation corresponding to a specific load (adjusted 
for effective wires or strands) during retensioning of tendons differs 
by more than 10 percent from that recorded during the last measurement, 
an evaluation must be performed to determine whether the difference is 
related to wire failures or slip of wires in anchorage. A difference of 
more than 10 percent must be identified in the ISI Summary Report 
required by IWA-6000.
    (D) The applicant or licensee shall report the following 
conditions, if they occur, in the ISI Summary Report required by IWA-
6000:
    (1) The sampled sheathing filler grease contains chemically 
combined water exceeding 10 percent by weight or the presence of free 
water;
    (2) The absolute difference between the amount removed and the 
amount replaced exceeds 10 percent of the tendon net duct volume;
    (3) Grease leakage is detected during general visual examination of 
the containment surface.
    (E) For Class CC applications, the applicant or licensee shall 
evaluate the acceptability of inaccessible areas when conditions exist 
in accessible areas that could indicate the presence of or result in 
degradation to such inaccessible areas. For each inaccessible area 
identified, the applicant or licensee shall provide the following in 
the ISI Summary Report required by IWA-6000:
    (1) A description of the type and estimated extent of degradation, 
and the conditions that led to the degradation;
    (2) An evaluation of each area, and the result of the evaluation, 
and;
    (3) A description of necessary corrective actions.
    (F) Personnel that examine containment concrete surfaces and tendon 
hardware, wires, or strands must meet the qualification provisions in 
IWA-2300. The ``owner-defined'' personnel qualification provisions in 
IWL-2310(d) are not approved for use.
    (G) Corrosion protection material must be restored following 
concrete containment post-tensioning system repair and replacement 
activities in accordance with the quality assurance program 
requirements specified in IWA-1400.
    (v) Examination of metal containments and the liners of concrete 
containments. Applicants or licensees applying Subsection IWE, 1992 
Edition with the 1992 Addenda, or the 1995 Edition with the 1996 
Addenda, shall satisfy the requirements of paragraphs (b)(2)(v)(A) 
through (b)(2)(v)(E) of this section. Applicants or licensees applying 
Subsection IWE, 1998 Edition through the 2001 Edition with the 2003 
Addenda, shall satisfy the requirements of paragraphs (b)(2)(v)(A), 
(b)(2)(v)(B), and (b)(2)(v)(F) through (b)(2)(v)(I) of this section. 
Applicants or licensees applying Subsection IWE, 2004 Edition, up to 
and including, the 2005 Addenda, shall satisfy the requirements of 
paragraphs (b)(2)(v)(A), (b)(2)(v)(B), and (b)(2)(v)(F) through 
(b)(2)(v)(H) of this section. Applicants or licensees Licensees 
applying Subsection IWE, 2004 Edition with the 2006 Addenda, shall 
satisfy the requirements of paragraphs (b)(2)(v)(A) and (b)(2)(v)(B) of 
this section. Applicants or licensees applying Subsection IWE, 2007 
Edition through the latest addenda incorporated by reference in 
paragraph (b)(2) of this section, shall satisfy the requirements of 
paragraphs (b)(2)(v)(A), (b)(2)(v)(B) and (b)(2)(v)(J) of this section.
    (A) For Class MC applications, the applicant or licensee shall 
evaluate the acceptability of inaccessible areas when conditions exist 
in accessible areas that could indicate the presence of or result in 
degradation to such inaccessible areas. For each inaccessible area 
identified, the applicant or licensee shall provide the following in 
the ISI Summary Report as required by IWA-6000:
    (1) A description of the type and estimated extent of degradation, 
and the conditions that led to the degradation;
    (2) An evaluation of each area, and the result of the evaluation, 
and;
    (3) A description of necessary corrective actions.
    (B) When performing remotely the visual examinations required by 
Subsection IWE, the maximum direct examination distance specified in 
Table IWA-2210-1 may be extended and the minimum illumination 
requirements specified in Table IWA-2210-1 may be decreased provided 
that the conditions or indications for which the visual examination is 
performed can be detected at the chosen distance and illumination.
    (C) The examinations specified in Examination Category E-B, 
Pressure Retaining Welds, and Examination Category E-F, Pressure 
Retaining Dissimilar Metal Welds, are optional.
    (D) Paragraph (b)(2)(v)(D) of this section may be used as an 
alternative to the requirements of IWE-2430.
    (1) If the examinations reveal flaws or areas of degradation 
exceeding the acceptance standards of Table IWE-3410-1, an evaluation 
must be performed to determine whether additional component 
examinations are required. For each flaw or area of degradation 
identified which exceeds acceptance standards, the applicant or 
licensee shall provide the following in the ISI Summary Report required 
by IWA-6000:
    (i) A description of each flaw or area, including the extent of 
degradation, and the conditions that led to the degradation;
    (ii) The acceptability of each flaw or area, and the need for 
additional examinations to verify that similar

[[Page 24354]]

degradation does not exist in similar components, and;
    (iii) A description of necessary corrective actions.
    (2) The number and type of additional examinations to ensure 
detection of similar degradation in similar components.
    (E) A general visual examination as required by Subsection IWE must 
be performed once each period.
    (F) VT-1 and VT-3 examinations must be conducted in accordance with 
IWA-2200. Personnel conducting examinations in accordance with the VT-1 
or VT-3 examination method shall be qualified in accordance with IWA-
2300. The ``owner-defined'' personnel qualification provisions in IWE-
2330(a) for personnel that conduct VT-1 and VT-3 examinations are not 
approved for use.
    (G) The VT-3 examination method must be used to conduct the 
examinations in Items E1.12 and E1.20 of Table IWE-2500-1, and the VT-1 
examination method must be used to conduct the examination in Item 
E4.11 of Table IWE-2500-1. An examination of the pressure-retaining 
bolted connections in Item E1.11 of Table IWE-2500-1 using the VT-3 
examination method must be conducted once each interval. The ``owner-
defined'' visual examination provisions in IWE-2310(a) are not approved 
for use for VT-1 and VT-3 examinations.
    (H) Containment bolted connections that are disassembled during the 
scheduled performance of the examinations in Item E1.11 of Table IWE-
2500-1 must be examined using the VT-3 examination method. Flaws or 
degradation identified during the performance of a VT-3 examination 
must be examined in accordance with the VT-1 examination method. The 
criteria in the material specification or IWB-3517.1 must be used to 
evaluate containment bolting flaws or degradation. As an alternative to 
performing VT-3 examinations of containment bolted connections that are 
disassembled during the scheduled performance of Item E1.11, VT-3 
examinations of containment bolted connections may be conducted 
whenever containment bolted connections are disassembled for any 
reason.
    (I) The ultrasonic examination acceptance standard specified in 
IWE-3511.3 for Class MC pressure-retaining components must also be 
applied to metallic liners of Class CC pressure-retaining components.
    (J) In general, the cutting of a large hole in the containment 
pressure boundary for replacement of steam generators, reactor vessel 
heads, pressurizers, or other similar modification is considered a 
``major'' modification or repair/replacement for Class MC and Class CC 
containment structures. When applying IWE-5000, any repair/replacement 
that is a ``major'' containment modification, as defined in this 
section, must be followed by a Type A test to provide assurance of 
containment structural and leaktight integrity prior to returning to 
service, in accordance with 10 CFR part 50, appendix J, Option A or 
Option B on which the applicant's or licensee's Containment Leak-Rate 
Testing Program is based. When applying IWE-5000, if a Type A, B, or C 
Test is performed, the acceptance standard for the test must be in 
accordance with 10 CFR part 50, appendix J. In lieu of performing the 
Type A test, the applicant or licensee may conduct a short-duration 
structural test of the containment, which is a combination of actions 
to ensure that:
    (1) The modified containment meets the pre-service non-destructive 
examination (NDE) test requirements as required by the construction 
code;
    (2) The locally welded areas are examined for essentially zero 
leakage using a soap bubble test, or an equivalent test;
    (3) The entire containment is subjected to the peak calculated 
containment design basis accident pressure, Pa, for a 
minimum of 10 minutes (Class MC steel containment) and 1 hour (Class CC 
concrete containment); and
    (4) The outside surfaces of concrete containments are visually 
examined as required by Subsection IWL, during the peak pressure, and 
that the outside and inside surfaces of the steel containment surfaces 
are examined as required by Subsection IWE, during or immediately after 
the test.
    (vi) Quality assurance. When applying Section XI editions and 
addenda later than the 1989 Edition, the requirements of NQA-1, 
``Quality Assurance Requirements for Nuclear Facilities,'' 1979 Addenda 
through the 1989 Edition, are acceptable as permitted by IWA-1400 of 
Section XI, if the licensee uses its 10 CFR part 50, appendix B, 
quality assurance program, in conjunction with Section XI requirements. 
Commitments contained in the licensee's quality assurance program 
description that are more stringent than those contained in NQA-1 must 
govern Section XI activities. Further, where NQA-1 and Section XI do 
not address the commitments contained in the licensee's Appendix B 
quality assurance program description, the commitments must be applied 
to Section XI activities.
    (vii) [Reserved]
    (viii) Underwater welding. The provisions in IWA-4660, ``Underwater 
Welding,'' of Section XI, 1997 Addenda through the latest edition and 
addenda incorporated by reference in paragraph (b)(2) of this section, 
are not approved for use on irradiated material.
    (ix) [Reserved]
    (x) Appendix VIII personnel qualification. All personnel qualified 
for performing ultrasonic examinations in accordance with Appendix VIII 
shall receive 8 hours of annual hands-on training on specimens that 
contain cracks. Licensees applying the 1999 Addenda through the latest 
edition and addenda incorporated by reference in paragraph (b)(2) of 
this section may use the annual practice requirements in VII-4240 of 
Appendix VII of Section XI in place of the 8 hours of annual hands-on 
training provided that the supplemental practice is performed on 
material or welds that contain cracks, or by analyzing prerecorded data 
from material or welds that contain cracks. In either case, training 
must be completed no earlier than 6 months prior to performing 
ultrasonic examinations at a licensee's facility.
    (xi) Appendix VIII specimen set and qualification requirements. 
Licensees using Appendix VIII in the 1995 Edition through the 2001 
Edition of the ASME Boiler and Pressure Vessel Code may elect to comply 
with all of the provisions in paragraphs (b)(2)(xi)(A) through 
(b)(2)(xi)(M) of this section, except for paragraph (b)(2)(xi)(F) of 
this section, which may be used at the licensee's option. Licensees 
using editions and addenda after 2001 Edition through the 2006 Addenda 
shall use the 2001 Edition of Appendix VIII, and may elect to comply 
with all of the provisions in paragraphs (b)(2)(xi)(A) through 
(b)(2)(xi)(M) of this section, except for paragraph (b)(2)(xi)(F) of 
this section, which may be used at the licensee's option.
    (A) When applying Supplements 2, 3, and 10 to Appendix VIII, the 
following examination coverage criteria requirements must be used:
    (1) Piping must be examined in two axial directions, and when 
examination in the circumferential direction is required, the 
circumferential examination must be performed in two directions, 
provided access is available. Dissimilar metal welds must be examined 
axially and circumferentially.
    (2) Where examination from both sides is not possible, full 
coverage credit may be claimed from a single side for ferritic welds. 
Where examination from

[[Page 24355]]

both sides is not possible on austenitic welds or dissimilar metal 
welds, full coverage credit from a single side may be claimed only 
after completing a successful single-sided Appendix VIII demonstration 
using flaws on the opposite side of the weld. Dissimilar metal weld 
qualifications must be demonstrated from the austenitic side of the 
weld and may be used to perform examinations from either side of the 
weld.
    (B) The following conditions must be used in addition to the 
requirements of Supplement 4 to Appendix VIII:
    (1) Paragraph 3.1, Detection acceptance criteria--Personnel are 
qualified for detection if the results of the performance demonstration 
satisfy the detection requirements of ASME Section XI, Appendix VIII, 
Table VIII-S4-1 and no flaw greater than 0.25 inch through wall 
dimension is missed.
    (2) Paragraph 1.1(c), Detection test matrix--Flaws smaller than the 
50 percent of allowable flaw size, as defined in IWB-3500, need not be 
included as detection flaws. For procedures applied from the inside 
surface, use the minimum thickness specified in the scope of the 
procedure to calculate a/t. For procedures applied from the outside 
surface, the actual thickness of the test specimen is to be used to 
calculate a/t.
    (C) When applying Supplement 4 to Appendix VIII, the following 
conditions must be used:
    (1) A depth sizing requirement of 0.15 inch RMS must be used in 
lieu of the requirements in Subparagraphs 3.2(a) and 3.2(c), and a 
length sizing requirement of 0.75 inch RMS must be used in lieu of the 
requirement in Subparagraph 3.2(b).
    (2) In lieu of the location acceptance criteria requirements of 
Subparagraph 2.1(b), a flaw will be considered detected when reported 
within 1.0 inch or 10 percent of the metal path to the flaw, whichever 
is greater, of its true location in the X and Y directions.
    (3) In lieu of the flaw type requirements of Subparagraph 
1.1(e)(1), a minimum of 70 percent of the flaws in the detection and 
sizing tests shall be cracks. Notches, if used, must be limited by the 
following:
    (i) Notches must be limited to the case where examinations are 
performed from the clad surface.
    (ii) Notches must be semielliptical with a tip width of less than 
or equal to 0.010 inches.
    (iii) Notches must be perpendicular to the surface within 2 degrees.
    (4) In lieu of the detection test matrix requirements in paragraphs 
1.1(e)(2) and 1.1(e)(3), personnel demonstration test sets must contain 
a representative distribution of flaw orientations, sizes, and 
locations.
    (D) The following conditions must be used in addition to the 
requirements of Supplement 6 to Appendix VIII:
    (1) Paragraph 3.1, Detection Acceptance Criteria--Personnel are 
qualified for detection if:
    (i) No surface connected flaw greater than 0.25 inch through wall 
has been missed.
    (ii) No embedded flaw greater than 0.50 inch through wall has been 
missed.
    (2) Paragraph 3.1, Detection Acceptance Criteria--For procedure 
qualification, all flaws within the scope of the procedure are 
detected.
    (3) Paragraph 1.1(b) for detection and sizing test flaws and 
locations--Flaws smaller than the 50 percent of allowable flaw size, as 
defined in IWB-3500, need not be included as detection flaws. Flaws 
which are less than the allowable flaw size, as defined in IWB-3500, 
may be used as detection and sizing flaws.
    (4) Notches are not permitted.
    (E) When applying Supplement 6 to Appendix VIII, the following 
conditions must be used:
    (1) A depth sizing requirement of 0.25 inch RMS must be used in 
lieu of the requirements of subparagraphs 3.2(a), 3.2(c)(2), and 
3.2(c)(3).
    (2) In lieu of the location acceptance criteria requirements in 
Subparagraph 2.1(b), a flaw will be considered detected when reported 
within 1.0 inch or 10 percent of the metal path to the flaw, whichever 
is greater, of its true location in the X and Y directions.
    (3) In lieu of the length sizing criteria requirements of 
Subparagraph 3.2(b), a length sizing acceptance criteria of 0.75 inch 
RMS must be used.
    (4) In lieu of the detection specimen requirements in Subparagraph 
1.1(e)(1), a minimum of 55 percent of the flaws must be cracks. The 
remaining flaws may be cracks or fabrication type flaws, such as slag 
and lack of fusion. The use of notches is not allowed.
    (5) In lieu of paragraphs 1.1(e)(2) and 1.1(e)(3) detection test 
matrix, personnel demonstration test sets must contain a representative 
distribution of flaw orientations, sizes, and locations.
    (F) The following conditions may be used for personnel 
qualification for combined Supplement 4 to Appendix VIII and Supplement 
6 to Appendix VIII qualification. Licensees choosing to apply this 
combined qualification shall apply all of the provisions of Supplements 
4 and 6 including the following conditions:
    (1) For detection and sizing, the total number of flaws must be at 
least 10. A minimum of 5 flaws shall be from Supplement 4, and a 
minimum of 50 percent of the flaws must be from Supplement 6. At least 
50 percent of the flaws in any sizing must be cracks. Notches are not 
acceptable for Supplement 6.
    (2) Examination personnel are qualified for detection and length 
sizing when the results of any combined performance demonstration 
satisfy the acceptance criteria of Supplement 4 to Appendix VIII.
    (3) Examination personnel are qualified for depth sizing when 
Supplement 4 to Appendix VIII and Supplement 6 to Appendix VIII flaws 
are sized within the respective acceptance criteria of those 
supplements.
    (G) When applying Supplement 4 to Appendix VIII, Supplement 6 to 
Appendix VIII, or combined Supplement 4 and Supplement 6 qualification, 
the following additional conditions must be used, and examination 
coverage must include:
    (1) The clad to base metal interface, including a minimum of 15 
percent T (measured from the clad to base metal interface), must be 
examined from four orthogonal directions using procedures and personnel 
qualified in accordance with Supplement 4 to Appendix VIII.
    (2) If the clad-to-base-metal-interface procedure demonstrates 
delectability of flaws with a tilt angle relative to the weld 
centerline of at least 45 degrees, the remainder of the examination 
volume is considered fully examined if coverage is obtained in one 
parallel and one perpendicular direction. This must be accomplished 
using a procedure and personnel qualified for single-side examination 
in accordance with Supplement 6. Subsequent examinations of this volume 
may be performed using examination techniques qualified for a tilt 
angle of at least 10 degrees.
    (3) The examination volume not addressed by paragraph 
(b)(2)(xi)(G)(1) of this section is considered fully examined if 
coverage is obtained in one parallel and one perpendicular direction, 
using a procedure and personnel qualified for single sided examination 
when the conditions in paragraph (b)(2)(xi)(G)(2) are met.
    (H) When applying Supplement 5 to Appendix VIII, at least 50 
percent of the flaws in the demonstration test set must be cracks and 
the maximum mis-orientation must be demonstrated with cracks. Flaws in 
nozzles with bore diameters equal to or less than 4 inches may be 
notches.
    (I) When applying Supplement 5, Paragraph (a), to Appendix VIII, 
the number of false calls allowed must be

[[Page 24356]]

D/10, with a maximum of 3, where D is the diameter of the nozzle.
    (J) [Reserved]
    (K) When performing nozzle-to-vessel weld examinations, the 
following conditions must be used when the requirements contained in 
Supplement 7 to Appendix VIII are applied for nozzle-to-vessel welds in 
conjunction with Supplement 4 to Appendix VIII, Supplement 6 to 
Appendix VIII, or combined Supplement 4 and Supplement 6 qualification.
    (1) For examination of nozzle-to-vessel welds conducted from the 
bore, the following conditions are required to qualify the procedures, 
equipment, and personnel:
    (i) For detection, a minimum of four flaws in one or more full-
scale nozzle mock-ups must be added to the test set. The specimens must 
comply with Supplement 6, paragraph 1.1, to Appendix VIII, except for 
flaw locations specified in Table VIII S6-1. Flaws may be notches, 
fabrication flaws or cracks. Seventy-five (75) percent of the flaws 
must be cracks or fabrication flaws. Flaw locations and orientations 
must be selected from the choices shown in paragraph (b)(2)(xi)(K)(4) 
of this section, Table VIII-S7-1--Modified, with the exception that 
flaws in the outer eighty-five (85) percent of the weld need not be 
perpendicular to the weld. There may be no more than two flaws from 
each category, and at least one subsurface flaw must be included.
    (ii) For length sizing, a minimum of four flaws as in paragraph 
(b)(2)(xi)(K)(1)(i) of this section must be included in the test set. 
The length sizing results must be added to the results of combined 
Supplement 4 to Appendix VIII and Supplement 6 to Appendix VIII. The 
combined results must meet the acceptance standards contained in 
paragraph (b)(2)(xi)(E)(3) of this section.
    (iii) For depth sizing, a minimum of four flaws as in paragraph 
(b)(2)(xi)(K)(1)(i) of this section must be included in the test set. 
Their depths must be distributed over the ranges of Supplement 4, 
Paragraph 1.1, to Appendix VIII, for the inner 15 percent of the wall 
thickness and Supplement 6, Paragraph 1.1, to Appendix VIII, for the 
remainder of the wall thickness. The depth sizing results must be 
combined with the sizing results from Supplement 4 to Appendix VIII for 
the inner 15 percent and to Supplement 6 to Appendix VIII for the 
remainder of the wall thickness. The combined results must meet the 
depth sizing acceptance criteria contained in paragraphs 
(b)(2)(xi)(C)(1), (b)(2)(xi)(E)(1), and (b)(2)(xi)(F)(3) of this 
section.
    (2) For examination of reactor pressure vessel nozzle-to-vessel 
welds conducted from the inside of the vessel,
    (i) The clad to base metal interface and the adjacent examination 
volume to a minimum depth of 15 percent T (measured from the clad to 
base metal interface) must be examined from four orthogonal directions 
using a procedure and personnel qualified in accordance with Supplement 
4 to Appendix VIII as conditioned by paragraphs (b)(2)(xi)(B) and 
(b)(2)(xi)(C) of this section.
    (ii) When the examination volume defined in paragraph 
(b)(2)(xi)(K)(2)(i) of this section cannot be effectively examined in 
all four directions, the examination must be augmented by examination 
from the nozzle bore using a procedure and personnel qualified in 
accordance with paragraph (b)(2)(xi)(K)(1) of this section.
    (iii) The remainder of the examination volume not covered by 
paragraph (b)(2)(xi)(K)(2)(ii) of this section or a combination of 
paragraphs (b)(2)(xi)(K)(2)(i) and (b)(2)(xi)(K)(2)(ii) of this 
section, must be examined from the nozzle bore using a procedure and 
personnel qualified in accordance with paragraph (b)(2)(xi)(K)(1) of 
this section, or from the vessel shell using a procedure and personnel 
qualified for single sided examination in accordance with Supplement 6 
to Appendix VIII, as conditioned by paragraphs (b)(2)(xi)(D) through 
(b)(2)(xi)(G) of this section.
    (3) For examination of reactor pressure vessel nozzle-to-shell 
welds conducted from the outside of the vessel,
    (i) The clad to base metal interface and the adjacent metal to a 
depth of 15 percent T, (measured from the clad to base metal interface) 
must be examined from one radial and two opposing circumferential 
directions using a procedure and personnel qualified in accordance with 
Supplement 4 to Appendix VIII, as conditioned by paragraphs 
(b)(2)(xi)(B) and (b)(2)(xi)(C) of this section, for examinations 
performed in the radial direction, and Supplement 5 to Appendix VIII, 
as conditioned by paragraph (b)(2)(xi)(J) of this section, for 
examinations performed in the circumferential direction.
    (ii) The examination volume not addressed by paragraph 
(b)(2)(xi)(K)(3)(i) of this section must be examined in a minimum of 
one radial direction using a procedure and personnel qualified for 
single sided examination in accordance with Supplement 6 to Appendix 
VIII, as conditioned by paragraphs (b)(2)(xi)(D) through (b)(2)(xi)(G) 
of this section.
    (4) Table VIII-S7-1, ``Flaw Locations and Orientations,'' 
Supplement 7 to Appendix VIII, is conditioned as follows:

                                            Table VIII-S7-1--Modified
----------------------------------------------------------------------------------------------------------------
                                         Flaw Locations and Orientations
-----------------------------------------------------------------------------------------------------------------
                                                                  Parallel to weld        Perpendicular to weld
----------------------------------------------------------------------------------------------------------------
Inner 15 percent............................................                        X                         X
OD Surface..................................................                        X   ........................
Subsurface..................................................                        X   ........................
----------------------------------------------------------------------------------------------------------------

    (L) As a condition to the requirements of Supplement 8, 
Subparagraph 1.1(c), to Appendix VIII, notches may be located within 
one diameter of each end of the bolt or stud.
    (M) When implementing Supplement 12 to Appendix VIII, only the 
provisions related to the coordinated implementation of Supplement 3 to 
Supplement 2 performance demonstrations are to be applied.
    (xii) Appendix VIII single side ferritic vessel and piping and 
stainless steel piping examination.
    (A) Examinations performed from one side of a ferritic vessel weld 
must be conducted with equipment, procedures, and personnel that have 
demonstrated proficiency with single side examinations. To demonstrate 
equivalency to two sided examinations, the demonstration must be 
performed to the requirements of Appendix VIII as conditioned by this 
paragraph and paragraphs (b)(2)(xi)(B) through (b)(2)(xi)(G) of this 
section, on specimens containing flaws with non-optimum sound energy 
reflecting

[[Page 24357]]

characteristics or flaws similar to those in the vessel being examined.
    (B) Examinations performed from one side of a ferritic or stainless 
steel pipe weld must be conducted with equipment, procedures, and 
personnel that have demonstrated proficiency with single side 
examinations. To demonstrate equivalency to two sided examinations, the 
demonstration must be performed to the requirements of Appendix VIII as 
conditioned by this paragraph and paragraph (b)(2)(xi)(A) of this 
section.
    (xiii) Reconciliation of quality requirements. When purchasing 
replacement items, in addition to the reconciliation provisions of IWA-
4200, 1995 Addenda through 1998 Edition, the replacement items must be 
purchased, to the extent necessary, in accordance with the licensee's 
quality assurance program description required by 10 CFR 
50.34(b)(6)(ii).
    (xiv) Certification of NDE personnel. (A) Level I and II 
nondestructive examination personnel shall be recertified on a 3-year 
interval in lieu of the 5-year interval specified in the 1997 Addenda 
and 1998 Edition of IWA-2314, and IWA-2314(a) and IWA-2314(b) of the 
1999 Addenda through the latest edition and addenda incorporated by 
reference in paragraph (b)(2) of this section.
    (B) When applying editions and addenda prior to the 2007 Edition of 
Section XI, paragraph IWA-2316 may only be used to qualify personnel 
that observe leakage during system leakage and hydrostatic tests 
conducted in accordance with IWA 5211(a) and (b).
    (C) When applying editions and addenda prior to the 2004 Edition 
through the 2005 Addenda of Section XI, licensee's qualifying visual 
examination personnel for VT-3 visual examination under paragraph IWA-
2317 of Section XI, must demonstrate the proficiency of the training by 
administering an initial qualification examination and administering 
subsequent examinations on a 3-year interval.
    (xv) Substitution of alternative methods. The provisions for 
substituting alternative examination methods, a combination of methods, 
or newly developed techniques in the 1997 Addenda of IWA-2240 must be 
applied when using the 1998 Edition through the 2004 Edition of Section 
XI of the ASME B&PV Code. The provisions in IWA-4520(c), 1997 Addenda 
through the 2004 Edition, allowing the substitution of alternative 
methods, a combination of methods, or newly developed techniques for 
the methods specified in the Construction Code are not approved for 
use. The provisions in IWA-4520(b)(2) and IWA-4521 of the 2008 Addenda 
through the latest edition and addenda approved in paragraph (b)(2) of 
this section, allowing the substitution of ultrasonic examination for 
radiographic examination specified in the Construction Code are not 
approved for use.
    (xvi) System leakage tests.
    (A) When performing system leakage tests in accordance with IWA-
5213(a), 1997 through 2002 Addenda, the licensee shall maintain a 10-
minute hold time after test pressure has been reached for Class 2 and 
Class 3 components that are not in use during normal operating 
conditions. No hold time is required for the remaining Class 2 and 
Class 3 components provided that the system has been in operation for 
at least 4 hours for insulated components or 10 minutes for uninsulated 
components.
    (B) The NDE provision in IWA-4540(a)(2) of the 2002 Addenda of 
Section XI must be applied when performing system leakage tests after 
repair and replacement activities performed by welding or brazing on a 
pressure retaining boundary using the 2003 Addenda through the latest 
edition and addenda incorporated by reference in paragraph (b)(2) of 
this section.
    (xvii) Table IWB-2500-1 examination requirements.
    (A) The provisions of Table IWB-2500-1, Examination Category B-D, 
Full Penetration Welded Nozzles in Vessels, Items B3.40 and B3.60 
(Inspection Program A) and Items B3.120-and B3.140 (Inspection Program 
B) of the 1998 Edition must be applied when using the 1999 Addenda 
through the latest edition and addenda incorporated by reference in 
paragraph (b)(2) of this section. A visual examination with 
magnification that has a resolution sensitivity to detect a 1-mil width 
wire or crack, utilizing the allowable flaw length criteria in Table 
IWB-3512-1, 1997 Addenda through the latest edition and addenda 
incorporated by reference in paragraph (b)(2) of this section, with a 
limiting assumption on the flaw aspect ratio (i.e., a/l=0.5), may be 
performed instead of an ultrasonic examination.
    (B) The provisions of Table IWB-2500-1, Examination Category B-G-2, 
Item B7.80, that are in the 1995 Edition are applicable only to reused 
bolting when using the 1997 Addenda through the latest edition and 
addenda incorporated by reference in paragraph (b)(2) of this section.
    (xviii) Surface examination. The use of the provision in IWA-2220, 
``Surface Examination,'' of Section XI, 2001 Edition through the latest 
edition and addenda incorporated by reference in paragraph (b)(2) of 
this section, that allow use of an ultrasonic examination method is 
prohibited.
    (xix) Evaluation of thermally cut surfaces. The use of the 
provisions for eliminating mechanical processing of thermally cut 
surfaces in IWA-4461.4.2 of Section XI, 2001 Edition through the latest 
edition and addenda incorporated by reference in paragraph (b)(2) of 
this section are prohibited.
    (xx) Incorporation of the performance demonstration initiative and 
addition of ultrasonic examination criteria. The use of Appendix VIII 
and the supplements to Appendix VIII and Article I-3000 of Section XI 
of the ASME B&PV Code, 2002 Addenda through the 2006 Addenda is 
prohibited.
    (xxi) Mitigation of defects by modification. The use of the 
provisions in IWA-4340, ``Mitigation of Defects by Modification,'' 
Section XI, 2001 Edition through the latest edition and addenda 
incorporated by reference in paragraph (b)(2) of this section are 
prohibited.
    (xxii) Pressure testing Class 1, 2, and 3 mechanical joints. The 
repair and replacement activity provisions in IWA-4540(c) of the 1998 
Edition of Section XI for pressure testing Class 1, 2, and 3 mechanical 
joints must be applied when using the 2001 Edition through the latest 
edition and addenda incorporated by reference in paragraph (b)(2) of 
this section.
    (xxiii) Removal of insulation. When performing visual examination 
in accordance with IWA-5242 of Section XI of the ASME B&PV Code, 2003 
Addenda through the 2006 Addenda, or IWA-5241 of the 2007 Edition 
through the latest edition and addenda incorporated in paragraph (b)(2) 
of the section, insulation must be removed from 17-4 PH or 410 
stainless steel studs or bolts aged at a temperature below 1100[deg]F 
or having a Rockwell Method C hardness value above 30, and from A-286 
stainless steel studs or bolts preloaded to 100,000 pounds per square 
inch or higher.
    (xxiv) Analysis of flaws. Licensees using ASME B&PV Code, Section 
XI, Appendix A shall use the following conditions when implementing 
Equation (2) in A-4300(b)(1):

    For R < 0, [Delta]KI depends on the crack depth (a), 
and the flow stress ([sigma]f). The flow stress is 
defined by [sigma]f = \1/2\([sigma]ys + 
[sigma]ult), where [sigma]ys is the yield 
strength and [sigma]ult is the ultimate tensile strength 
in units ksi (MPa) and a is in units in. (mm). For -2 <= R <= 0 and 
Kmax - Kmin <= 0.8 x 1.12 [sigma]f 
[radic]([pi]a), S = 1 and [Delta]KI = Kmax. 
For R < -2 and Kmax - Kmin <= 0.8 x 1.12 
[sigma]f [radic]([pi]a), S = 1 and [Delta]KI = 
(1-R) Kmax/3. For R < 0 and Kmax - 
Kmin > 0.8 x 1.12 [sigma]f [radic]([pi]a), S = 
1 and [Delta]KI = Kmax - Kmin.


[[Page 24358]]


    (xxv) Evaluation of unanticipated operating events. The provisions 
of ASME B&PV Code, Section XI, Appendix E, Section E-1200 are not 
approved for use. In addition, when using the provisions of Section E-
1300, the analytical procedure must be based on a postulated semi-
elliptical surface flaw of a one-quarter vessel thickness (i.e., the 
``minimum initiation crack size'' in Table E-2 shall be a 1/4T flaw) 
and the linear elastic fracture mechanics criteria be as follows:

1.4KIm + KIr = KIc for the LTOP 
condition, and 1.4KIm + KIt + KIr = 
KIc, for the PTT condition

    (xxvi) Nonmandatory Appendix R. Nonmandatory Appendix R, ``Risk-
Informed Inspection Requirements for Piping,'' of Section XI, 2005 
Addenda through the latest edition and addenda incorporated by 
reference in paragraph (b)(2) of this section, may not be implemented 
without prior NRC authorization of the proposed alternative in 
accordance with paragraph (a)(3)(i) of this section.
    (3) As used in this section, references to the OM Code refer to the 
ASME Code for Operation and Maintenance of Nuclear Power Plants, 
Subsections ISTA, ISTB, ISTC, and ISTD, Mandatory Appendices I and II, 
and Nonmandatory Appendices A through H and J, and include the 1995 
Edition through the 2006 Addenda subject to the following conditions:
* * * * *
    (v) Subsection ISTD. Article IWF-5000, ``Inservice Inspection 
Requirements for Snubbers,'' of the ASME B&PV Code, Section XI, must be 
used when performing inservice inspection examinations and tests of 
snubbers at nuclear power plants.
    (A) Licensees may use Subsection ISTD, ``Preservice and Inservice 
Examination and Testing of Dynamic Restraints (Snubbers) in Light-Water 
Reactor Power Plants,'' ASME OM Code, 1995 Edition through the latest 
edition and addenda incorporated by reference in paragraph (b)(3) of 
this section, in place of the requirements for snubbers in the editions 
and addenda up to the 2005 Addenda of the ASME B&PV Code, Section XI, 
IWF-5200(a) and (b) and IWF-5300(a) and (b), by making appropriate 
changes to their technical specifications or licensee-controlled 
documents. Preservice and inservice examinations must be performed 
using the VT-3 visual examination method described in IWA-2213.
    (B) Licensees shall comply with the provisions for examining and 
testing snubbers in Subsection ISTD of the ASME OM Code and make 
appropriate changes to their technical specifications or licensee-
controlled documents when using the 2006 Addenda and later editions and 
addenda of Section XI of the ASME B&PV Code.
    (vi) Exercise interval for manual valves. Manual valves must be 
exercised on a 2-year interval rather that the 5-year interval 
specified in paragraph ISTC-3540 of the 1999 through the 2005 Addenda 
of the ASME OM Code, provided that adverse conditions do not require 
more frequent testing.
* * * * *
    (c) * * *
    (3) The Code edition, addenda, and optional ASME Code cases to be 
applied to components of the reactor coolant pressure boundary must be 
determined by the provisions of paragraph NCA-1140, Subsection NCA of 
Section III of the ASME Boiler and Pressure Vessel Code, subject to the 
following conditions:
    (i) The edition and addenda applied to a component must be those 
which are incorporated by reference in paragraph (b)(1) of this 
section;
    (ii) The ASME Code provisions applied to the pressure vessel may be 
dated no earlier than the Summer 1972 Addenda of the 1971 edition;
    (iii) The ASME Code provisions applied to piping, pumps, and valves 
may be dated no earlier than the Winter 1972 Addenda of the 1971 
edition; and
    (iv) The optional Code cases applied to a component must be those 
listed in NRC Regulatory Guide 1.84 that is incorporated by reference 
in paragraph (b) of this section.
* * * * *
    (d) * * *
    (2) The Code edition, addenda, and optional ASME Code cases to be 
applied to the systems and components identified in paragraph (d)(1) of 
this section must be determined by the rules of paragraph NCA-1140, 
Subsection NCA of Section III of the ASME Boiler and Pressure Vessel 
Code, subject to the following conditions:
    (i) The edition and addenda must be those which are incorporated by 
reference in paragraph (b)(1) of this section;
    (ii) The ASME Code provisions applied to the systems and components 
may be dated no earlier than the 1980 Edition; and
    (iii) The optional Code cases must be those listed in the NRC 
Regulatory Guide 1.84 that is incorporated by reference in paragraph 
(b) of this section.
    (e) * * *
    (2) The Code edition, addenda, and optional ASME Code cases to be 
applied to the systems and components identified in paragraph (e)(1) of 
this section must be determined by the rules of paragraph NCA-1140, 
subsection NCA of Section III of the ASME Boiler and Pressure Vessel 
Code, subject to the following conditions:
    (i) The edition and addenda must be those which are incorporated by 
reference in paragraph (b)(1) of this section;
    (ii) The ASME Code provisions applied to the systems and components 
may be dated no earlier than the 1980 Edition; and
    (iii) The optional Code cases must be those listed in NRC 
Regulatory Guide 1.84 that is incorporated by reference in paragraph 
(b) of this section.
    (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 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 
conditions listed therein.
    (3) * * *
    (v) All pumps and valves may meet the test requirements set forth 
in subsequent editions of codes and addenda or portions thereof which 
are incorporated by reference in paragraph (b) of this section, subject 
to the conditions listed in paragraph (b) of this section.
    (4) Throughout the service life of a boiling or pressurized water-
cooled nuclear power facility, pumps and valves which are classified as 
ASME Code Class 1, Class 2, and Class 3 must meet the inservice test 
requirements, except design and access provisions, set forth in the 
ASME OM Code and addenda that become effective

[[Page 24359]]

subsequent to editions and addenda specified in paragraphs (f)(2) and 
(f)(3) of this section and that are incorporated by reference in 
paragraph (b) of this section, to the extent practical within the 
limitations of design, geometry and materials of construction of the 
components.
    (i) Inservice tests to verify operational readiness of pumps and 
valves, whose function is required for safety, conducted during the 
initial 120-month 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 under this part, or 12 months before 
the date scheduled for initial loading fuel under a combined license 
under part 52 of this chapter (or the optional ASME Code cases listed 
in NRC Regulatory Guide 1.192, that is incorporated by reference in 
paragraph (b) of this section), subject to the conditions listed in 
paragraph (b) of this section.
    (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 Regulatory Guide 1.192 that are 
incorporated by reference in paragraph (b) of this section), subject to 
the conditions listed in paragraph (b) of this section.
    (iii) [Reserved]
    (iv) Inservice tests of pumps and valves may meet the requirements 
set forth in subsequent editions and addenda that are incorporated by 
reference in paragraph (b) of this section, subject to the conditions 
listed in paragraph (b) of this section, and subject to NRC approval. 
Portions of editions or addenda may be used provided that all related 
requirements of the respective editions or addenda are met.
    (5) * * *
    (iv) Where a pump or valve test requirement by the code or addenda 
is determined to be impractical by the licensee and is not included in 
the revised inservice test program as permitted by paragraph (f)(4) of 
this section, the basis for this determination must be submitted for 
NRC review and approval not later than 12 months after the expiration 
of the initial 120-month interval of operation from start of facility 
commercial operation and each subsequent 120-month interval of 
operation during which the test is determined to be impractical.
* * * * *
    (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 
III or Section XI of the ASME B&PV Code (or ASME OM Code for snubber 
examination and testing) 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, when using Section XI, or 
Regulatory Guide 1.192 when using the OM Code, that are incorporated by 
reference in paragraph (b) of this section), subject to the applicable 
conditions.
    (3) For a boiling or pressurized water-cooled nuclear power 
facility whose construction permit under this part, or design 
certification, design approval, combined license, or manufacturing 
license under part 52 of this chapter, was issued on or after July 1, 
1974:
    (i) Components (including supports) which are classified as ASME 
Code Class 1 must be designed and 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 III or Section XI of the ASME B&PV Code (or ASME OM 
Code for snubber examination and testing) incorporated by reference in 
paragraph (b) of this section (or the optional ASME code cases listed 
in NRC Regulatory Guide 1.147, Revision 15, when using Section XI; or 
Regulatory Guide 1.192 when using the OM Code, 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 III or Section XI of the ASME B&PV Code 
(or ASME OM Code for snubber examination and testing) incorporated by 
reference in paragraph (b) of this section (or the optional ASME code 
cases listed in NRC Regulatory Guide 1.147, Revision 15, when using 
Section XI; or Regulatory Guide 1.192 when using the OM Code, that are 
incorporated by reference in paragraph (b) of this section) applied to 
the construction of the particular component.
    (iii)-(iv) [Reserved]
    (v) All components (including supports) may meet the requirements 
set forth in subsequent editions of codes and addenda or portions 
thereof which are incorporated by reference in paragraph (b) of this 
section, subject to the conditions listed therein.
    (4) 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 and 
addenda of the ASME B&PV Code (or ASME OM Code for snubber examination 
and testing) that become effective subsequent to editions specified in 
paragraphs (g)(2) and (g)(3) of this section and that are incorporated 
by reference in paragraph (b) of this section, to the extent practical 
within the limitations of design, geometry and materials of 
construction of the components. Components which are classified as 
Class MC pressure retaining components and their integral attachments, 
and components which are classified as Class CC pressure retaining 
components and their integral attachments must meet the requirements, 
except design and access provisions and preservice examination 
requirements, set forth in Section XI of the ASME B&PV Code and addenda 
that are incorporated by reference in paragraph (b) of this section, 
subject to the condition listed in paragraph (b)(2)(ii) of this section 
and the conditions listed in paragraphs (b)(2)(iv) and (b)(2)(v) of 
this section, to the extent

[[Page 24360]]

practical within the limitation of design, geometry and materials of 
construction of the components.
    (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, when using Section XI; or Regulatory Guide 1.192 when using the OM 
Code, that are incorporated by reference in paragraph (b) of this 
section), subject to the conditions 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, when 
using Section XI; or Regulatory Guide 1.192 when using the OM Code, 
that are incorporated by reference in paragraph (b) of this section), 
subject to the conditions listed in paragraph (b) of this section.
    (iii) When applying editions and addenda prior to the 2003 Addenda 
of Section XI of the ASME B&PV Code licensees may, but are not required 
to, perform the surface examinations of high-pressure safety injection 
systems specified in Table IWB-2500-1, Examination Category B-J, Item 
Numbers B9.20, B9.21 and B9.22.
    (iv) Inservice examination of components and system pressure tests 
may meet the requirements set forth in subsequent editions and addenda 
that are incorporated by reference in paragraph (b) of this section, 
subject to the conditions listed in paragraph (b) of this section, and 
subject to Commission approval. Portions of editions or addenda may be 
used provided that all related requirements of the respective editions 
or addenda are met.
    (v) For a boiling or pressurized water-cooled nuclear power 
facility whose construction permit under this part or combined license 
under part 52 of this chapter was issued after January 1, 1956:
    (A) Metal containment pressure retaining components and their 
integral attachments must meet the inservice inspection, repair, and 
replacement requirements applicable to components which are classified 
as ASME Code Class MC;
    (B) Metallic shell and penetration liners which are pressure 
retaining components and their integral attachments in concrete 
containments must meet the inservice inspection, repair, and 
replacement requirements applicable to components which are classified 
as ASME Code Class MC;
    (C) Concrete containment pressure retaining components and their 
integral attachments, and the post-tensioning systems of concrete 
containments must meet the inservice inspections, repair, and 
replacement requirements applicable to components which are classified 
as ASME Code Class CC.
    (5) * * *
    (iii) If the licensee has determined that conformance with a code 
requirement is impractical for its facility, the licensee shall notify 
the Commission and submit, as specified in Sec.  50.4, information to 
support the determinations. Determinations of impracticality in 
accordance with this section must be based on the demonstrated 
limitations experienced when attempting to comply with the code 
requirements during the inservice inspection interval for which the 
request is being submitted. Requests for relief made in accordance with 
this section must be submitted to the NRC no later than 12 months after 
the examination has been attempted.
    (iv) Where the licensee determines that an examination required by 
Code edition or addenda is impractical, and is not included in the 
revised inservice inspection program as permitted by paragraph (g)(4) 
of this section, the basis for this determination must be submitted for 
NRC review and approval not later than 12 months after the expiration 
of the initial or subsequent 120-month inspection interval for which 
relief is sought.
    (6) * * *
    (ii) * * *
    (B) Licensees do not have to submit to the NRC for approval of 
their containment inservice inspection programs which were developed to 
satisfy the requirements of Subsection
    IWE and Subsection IWL with specified conditions. The program 
elements and the required documentation must be maintained on site for 
audit.
* * * * *
    (E) * * *
    (1) All licensees of pressurized water reactors shall augment their 
inservice inspection program by implementing ASME Code Case N-722-1 
subject to the conditions specified in paragraphs (g)(6)(ii)(E)(2) 
through (g)(6)(ii)(E)(4) of this section. The inspection requirements 
of ASME Code Case N-722-1 do not apply to components with pressure 
retaining welds fabricated with Alloy 600/82/182 materials that have 
been mitigated by weld overlay or stress improvement.
    (2) If a visual examination determines that leakage is occurring 
from a specific item listed in Table 1 of ASME Code Case N-722-1 that 
is not exempted by the ASME Code, Section XI, IWB-1220(b)(1), 
additional actions must be performed to characterize the location, 
orientation, and length of crack(s) in Alloy 600 nozzle wrought 
material and location, orientation, and length of crack(s) in Alloy 82/
182 butt welds. Alternatively, licensees may replace the Alloy 600/82/
182 materials in all the components under the item number of the 
leaking component.
    (3) If the actions in paragraph (g)(6)(ii)(E)(2) of this section 
determine that a flaw is circumferentially oriented and potentially a 
result of primary water stress corrosion cracking, licensees shall 
perform non-visual NDE inspections of components that fall under that 
ASME Code Case N-722-1 item number. The number of components inspected 
must equal or exceed the number of components found to be leaking under 
that item number. If circumferential cracking is identified in the 
sample, non-visual NDE must be performed in the remaining components 
under that item number.
* * * * *
    (F) Inspection requirements for class 1 pressurized-water reactor 
piping and vessel nozzle butt welds.
    (1) Licensees of existing operating pressurized-water reactors as 
of [publication date of the final rule] shall implement the 
requirements of ASME Code Case N-770, subject to the conditions 
specified in paragraphs (g)(6)(ii)(F)(2) through (g)(6)(ii)(F)(16) of 
this section, by the first refueling outage after [date that is 60 days 
after the date of publication of the final rule].
    (2) Full structural weld overlays authorized by the NRC staff may 
be categorized as Inspection Items C or F, as appropriate; welds that 
have been mitigated by stress improvement without welding may be 
categorized as Inspection Items D or E, as appropriate, provided the 
criteria in Appendix I of the code case have been met; for ISI 
frequencies, all other butt welds that rely on Alloy 82/182 for 
structural integrity shall be categorized as Inspection Items A-1, A-2 
or B until the NRC staff has reviewed the mitigation and authorized an 
alternative code case

[[Page 24361]]

Inspection Item for the mitigated weld, or until an alternative code 
case Inspection Item is used based on conformance with an ASME 
mitigation code case endorsed in Regulatory Guide 1.147 with 
conditions, if applicable, and incorporated in this section.
    (3) Welds in Table 1, Inspection Items A-1, A-2, and B, that have 
not received a baseline examination using Section XI, Appendix VIII 
requirements, shall be examined at the next refueling outage after [the 
effective date of the final rule].
    (4) The axial examination coverage requirements of -2500(c) may not 
be considered to be satisfied unless essentially 100 percent coverage 
is achieved.
    (5) Replace paragraph--3132.3(b) with ``Previously-evaluated flaws 
that were mitigated by the techniques identified in Table 1 need not be 
reevaluated nor have additional successive or additional examinations 
performed if new planar flaws have not been identified or previously 
evaluated flaws have remained essentially unchanged.''
    (6) If a weld mitigated by inlay or cladding is determined through 
a volumetric examination to have cracking that penetrates beyond the 
thickness of the inlay or cladding, the weld must be reclassified as 
and inspected using the frequencies of Inspection Item A-1, A-2, or B, 
as appropriate, until corrected by repair/replacement activity in 
accordance with IWA-4000 or by corrective measures beyond the scope of 
Code Case N-770.
    (7) For Inspection Items G, H, J, and K, the surface examination 
requirements of Table 1 must apply whether the inservice volumetric 
examinations are performed from the weld outside diameter or the weld 
inside diameter. All hot leg operating temperature welds in inspection 
items G, H, J, and K must be inspected each interval. A 25 percent 
sample of cold leg operating temperature welds must be inspected 
whenever the core barrel is removed (unless it has already been 
inspected within the past 10 years) or 20 years, whichever is less.
    (8) The first examination following weld inlay, cladding, weld 
overlay or stress improvement for Inspection Items D, G, and H may not 
be deferred to the end of the interval.
    (9) In applying Measurement or Quantification Criterion I-1.1 of 
Appendix I, a construction weld repair from the inside diameter to a 
depth of 50 percent of the weld thickness extending 360[deg] around the 
weld shall be assumed.
    (10) The last sentence of Measurement or Quantification Criterion 
I-2.1 of Appendix I shall be replaced by, ``The analysis or 
demonstration test shall account for (a) load combinations that could 
relieve plastic stress due to shakedown and (b) any material properties 
related to stress relaxation over time.''
    (11) Replace Measurement or Quantification Criterion I-7.1 of 
Appendix I, with ``An analysis shall be performed using IWB-3600 
evaluation methods and acceptance criteria to verify that the 
mitigation process will not cause any existing flaws to grow.
    (12) For any mitigated weld whose volumetric examination detects 
new flaws or growth of existing flaws in the required examination 
volume that exceed the acceptance standards of IWB-3514 and are found 
to be acceptable for continued service through an analytical evaluation 
meeting the requirements of IWB-3600 or a repair meeting the 
requirements of IWA-4000 or the alternative requirements of an ASME 
code case, a report summarizing the evaluation, along with inputs, 
methodologies, assumptions, and cause of the new flaw or flaw growth is 
to be provided to the NRC prior to the weld being placed in service 
other than modes 5 or 6.
    (13) Replace the last sentence of the Extent and Frequency of 
Examination for Inspection Items C and F with, ``Twenty-five percent of 
this population shall be added to the ISI Program in accordance with -
2410 and shall be examined the shorter of once each inspection interval 
or the life of the overlay.''
    (14) In Figures 2(b) and 5(b), the dimension ``b'' must be used in 
place of \1/2\ inch (13 mm), where ``b'' is equivalent to the nominal 
thickness of the nozzle or pipe being overlaid, as appropriate.
    (15) For Inspection Items G, H, J, and K, when applying the 
acceptance standards of ASME B&PV Code, Section XI, IWB-3514, the 
thickness ``t'' in IWB-3514 is the thickness of the inlay or onlay.
    (16) Welds mitigated by optimized weld overlays in Inspection Items 
D and E are not permitted to be placed into a population to be examined 
on a sample basis and must be examined once each inspection interval.
* * * * *
    \1\ For inspections to be conducted once per interval, the 
inspections shall be performed in accordance with the schedule in 
Section XI, paragraph IWB-2400, except for plants with inservice 
inspection programs based on a Section XI edition or addenda prior 
to the 1994 Addenda. For plants with inservice inspection programs 
based on a Section XI edition or addenda prior to the 1994 Addenda, 
the inspection shall be performed in accordance with the schedule in 
Section XI, paragraph IWB-2400, of the 1994 Addenda.
* * * * *

    Dated at Rockville, Maryland, this 19th day of April 2010.

    For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-9700 Filed 5-3-10; 8:45 am]
BILLING CODE 7590-01-P