[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Notices]
[Pages 12089-12092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4647]
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NUCLEAR REGULATORY COMMISSION
[NRC-2012-0048]
Proposed Generic Communication; Regulatory Issue Summary 2012-XX:
Developing Inservice Testing and Inservice Inspection Programs
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft regulatory issue summary: request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is seeking public
comment on a draft regulatory issue summary that would describe an
acceptable approach for holders of combined licenses under Title 10 of
the Code of Federal Regulations (10 CFR) Part 52, ``Licenses,
Certifications, and Approvals for Nuclear Power Plants,'' to satisfy
the requirements in 10 CFR 50.55a, ``Codes and standards,'' regarding
implementation of inservice inspection and inservice testing programs
during the initial 120-month program interval following nuclear power
plant startup.
DATES: Submit comments by April 13, 2012. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to assure consideration only for comments received on or before
this date.
ADDRESSES: You may access information and comment submissions related
to this document, which the NRC possesses and is publicly-available, by
searching on http://www.regulations.gov under Docket ID NRC-2012-0048.
You may submit comments by the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0048. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
Fax comments to: RADB at 301-492-3446.
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Andrea Russell, Project Manager,
Generic Communications Branch, Division of Policy and Rulemaking,
Office of Nuclear Reactor Regulation, Mail Stop: OWFN-12-D20, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone:
301-415-8553, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2012-0048 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document, which the NRC possesses
and is publicly-available, by the following methods:
Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0048.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly-available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The Draft Regulatory Issue
Summary ``Developing Inservice Testing and Inservice Inspection
Programs Under 10 CFR part 52,'' is available electronically under
ADAMS Accession Number ML111360204.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2012-0048 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information in comment submissions that you do not want to be publicly
disclosed. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into
ADAMS, and the NRC does not edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information in their comment submissions
that they do not want to be publicly disclosed. Your request should
state that the NRC will not edit comment submissions to remove such
information before making the comment submissions available to the
public or entering the comment submissions into ADAMS.
II. Discussion
Addressees
All current and potential applicants for and holders of a combined
license (COL) or standard design certification for a nuclear power
plant under the provisions of Title 10 of the Code of Federal
Regulations (10 CFR) Part 52, ``Licenses, Certifications, and Approvals
for Nuclear Power Plants.''
[[Page 12090]]
Intent
The U.S. Nuclear Regulatory Commission (NRC) is issuing this
regulatory issue summary (RIS) to describe an acceptable approach for
COL holders (licensees) to satisfy the requirements in 10 CFR 50.55a,
``Codes and standards,'' regarding implementation of inservice
inspection (ISI) and inservice testing (IST) programs during the
initial 120-month program interval following plant startup. In
addition, this RIS discusses acceptable approaches for developing
preservice inspection programs and Risk-Informed ISI and IST programs.
This RIS does not transmit any new requirements and does not require
any specific action or written response.
Background Information
The regulations in 10 CFR 50.55a(f)(4)(i) and (g)(4)(i) require, in
part, that inservice tests to verify the operational readiness of
safety-related pumps and valves and inservice examinations of
components and system pressure tests conducted during the initial 120-
month testing and inspection interval must comply with the requirements
in the latest edition and addenda of the American Society of Mechanical
Engineers (ASME) Boiler & Pressure Vessel Code (B&PV Code) and ASME
Code for Operation and Maintenance of Nuclear Power Plants (OM Code)
incorporated by reference in 10 CFR 50.55a, on the date that occurs 12
months before the date scheduled for initial loading of fuel under a
COL issued under 10 CFR part 52 (or the optional ASME Code cases listed
in NRC Regulatory Guide (RG) 1.147, ``Inservice Inspection Code Case
Acceptability, ASME Section XI, Division 1,'' and RG 1.192, ``Operation
and Maintenance Code Case Acceptability, ASME OM Code,'' that are
incorporated by reference in 10 CFR 50.55a).
In addition, the NRC regulations in 10 CFR 52.47(a)(3)(i) require,
in part, that a design certification application must contain the
principal design criteria for the facility. Appendix A to 10 CFR part
50, general design criteria (GDC), establishes minimum requirements for
the principal design criteria. GDCs 32, 36, 37, 39, 40, 42, 43, 45, and
46 require that safety-related components and systems shall be designed
to permit appropriate periodic inspection of important components to
assure their integrity and capability of the system and periodic
testing to assure (1) the structural and leak-tight integrity of its
components; (2) the operability and performance of the active
components of the system; and (3) the operability of the system as a
whole. The periodic inspections and testing programs are required to
meet the ASME B&PV Code and OM Code, respectively, in accordance with
10 CFR 50.55a.
Lastly, the NRC regulations in 10 CFR 52.79(a)(11) require that the
COL applicant describe the programs (such as ISI and IST programs) and
their implementation, necessary to ensure that the systems and
components meet the requirements in the ASME OM Code and ASME B&PV
Code, Section XI. These operational programs are required to be fully
described when the COL application is submitted to the NRC for review.
The requirements in the above three NRC regulations appear to
provide overlapping and conflicting requirements on establishing the
applicable editions and addenda of the ASME B&PV and OM Codes to be
used for the initial 120-month ISI and IST program intervals and have
caused confusion during the NRC staff's review of design certification
and COL applications. This RIS describes how the NRC staff, design
certification applicants and COL applicants have addressed these
requirements in the reviews of design certification and COL
applications under 10 CFR part 52.
Summary of Issue
The NRC regulations in 10 CFR part 52 allow a two-step process for
licensing new nuclear power plants where a Standard Design
Certification is granted with subsequent issuance of a COL referencing
the certified design. Under this process, the regulations in 10 CFR
52.47 require the design certification application to contain a level
of design information sufficient to enable the Commission to judge the
applicant's proposed means of assuring that construction conforms to
the design and to reach a final conclusion on all safety questions
associated with the design before the certification is granted. A
Design Control Document (DCD) supporting a design certification
application may provide general information on operational programs
(such as ISI and IST programs) with allowance for flexibility by the
COL applicant when developing plant-specific operational programs. The
NRC staff reviews the general description of the operational programs
in the DCD to ensure an adequate foundation for the plant-specific
operational programs to be developed by COL applicants. With respect to
IST programs, the NRC staff review of the DCD focuses on accessibility
for the performance of IST activities. To reduce the amount of
information needed in subsequent COL applications, some design
certification applicants provide more detailed descriptions of ISI and
IST operational programs in their DCDs than required by the NRC
regulations for a design certification application.
The NRC regulations in 10 CFR 52.79(a)(11) require a COL applicant
to provide, in its safety analysis report, a description of the
programs and their implementation necessary to ensure that the systems
and components meet the requirements of the ASME B&PV Code and ASME OM
Code in accordance with 10 CFR 50.55a at a level sufficient to enable
the NRC to reach a final conclusion on all safety matters that must be
resolved before COL issuance. In SECY-05-0197, ``Review of Operational
Programs in a Combined License Application and General Emergency
Planning Inspections, Tests, Analyses, and Acceptance Criteria
[ITAAC],'' (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML052770257) dated October 28, 2005, the NRC concluded
that operational programs (such as ISI and IST programs) could be fully
described in a COL application and recognized that some operational
programs would not be available at the time of COL issuance. In
accordance with this guidance, the description of the program would
contain the information necessary for the NRC staff to make a
reasonable assurance finding on the acceptability of the operational
program in the review of a COL application. This information would
specify an edition and addenda of the ASME B&PV Code and OM Code that
would be the basis for the ISI and IST program described in the COL
application. The NRC staff developed license conditions to provide
certainty as to when the operational programs would be implemented in
support of plant startup.
Following COL issuance, the NRC regulations in 10 CFR
50.55a(f)(4)(i) and (g)(4)(i) require, in part, that inservice tests
verify the operational readiness of safety-related pumps and valves and
inservice examinations of components and system pressure tests
conducted during the initial 120-month testing and inspection interval
must comply with the requirements in the latest edition and addenda of
the ASME B&PV Code and OM Code incorporated by reference in 10 CFR
50.55a, on the date that occurs 12 months before the date scheduled for
initial loading of fuel under a COL issued in accordance with 10 CFR
part 52 (or the optional ASME Code cases listed in NRC RG 1.147 and
[[Page 12091]]
RG 1.192 that are incorporated by reference in 10 CFR 50.55a).
Several years may elapse between the time when a design
certification is granted and when a COL application is submitted
referencing that certified design. Further, the construction of a
nuclear power plant will require several years from the time of COL
issuance until the commencement of fuel loading. Therefore, design
certification and COL applicants and holders need to be aware of the
interrelated requirements in 10 CFR 50.55a and 10 CFR part 52 regarding
the development and implementation of ISI and IST programs for nuclear
power plants to be licensed under 10 CFR part 52.
Design Certification and COL Applicants
The NRC regulations in 10 CFR 52.79(a)(11) require that the COL
applicant describe the IST and ISI programs and their implementation,
necessary to ensure that the systems and components meet the
requirements in the ASME OM Code and ASME B&PV Code, Section XI. NRC RG
1.206, ``Combined License Applications for Nuclear Power Plants (LWR
Edition),'' and SECY-05-0197 provide guidance for COL applicants in
describing their IST and ISI programs in support of the COL
applications. As part of its description of the IST and ISI programs,
the COL applicant must identify the edition and addenda of the ASME OM
Code and ASME B&PV Code, Section XI, to be used in developing its IST
and ISI programs, respectively. In some cases, it may be the same
edition and addenda used in the design certification. In other cases,
it may be the latest edition and addenda of the ASME OM Code or ASME
B&PV Code, Section XI, incorporated by reference in 10 CFR 50.55a at
the time of the COL application. In describing IST and ISI programs,
COL applicants should recognize that the NRC regulations in 10 CFR
50.55a require updating of ISI and IST programs prior to fuel loading.
Design certification applicants should also be aware of this 10 CFR
50.55a requirement when describing IST and ISI programs in their DCDs
for reference by COL applicants.
COL Licensees
After the COL is issued, the COL licensee will initiate development
of the ISI and IST programs to allow implementation of those programs
in preparation for plant operation. During development of the ISI and
IST programs, the COL licensee should be aware of the NRC regulations
under 10 CFR 50.55a(f)(4)(i) and 10 CFR 50.55a(g)(4)(i) that require
the COL licensee to develop its initial 120-month interval IST and ISI
programs using the latest edition and addenda of the ASME OM Code and
ASME B&PV Code, Section XI, incorporated by reference in 10 CFR
50.55a(b) on the date that occurs 12 months before the date scheduled
for initial loading of fuel. Therefore, the COL licensee should
anticipate that the ASME B&PV Code and OM Code might be revised to
incorporate industry operating experience and technological advances
prior to fuel loading for its nuclear power plant.
NRC Staff Position
The NRC staff recognizes that a COL licensee might encounter
significant logistical and scheduling issues when converting its IST
and ISI programs from the edition and addenda of the ASME OM Code and
ASME B&PV Code specified in the COL application to the edition and
addenda of these codes incorporated by reference in 10 CFR 50.55a on
the date that occurs 12 months before fuel loading.
The NRC regulations allow alternatives to the requirements of 10
CFR 50.55a to be used if the applicant demonstrates that (1) the
proposed alternative would provide an acceptable level of quality and
safety, or (2) compliance with the specified requirements of 10 CFR
50.55a would result in hardship or unusual difficulty without a
compensating increase in the level of quality and safety. Therefore, a
COL licensee may request authorization by the NRC staff to use an
edition and addenda of the ASME OM Code for developing its initial 120-
month IST program that is earlier than that required under 10 CFR
50.55a(f)(4)(i) and, similarly, to use an edition and addenda of the
ASME B&PV Code, Section XI, for developing its initial 120-month ISI
program that is earlier than that required under 10 CFR
50.55a(g)(4)(i).
One acceptable approach would be for the COL licensee to submit to
the NRC a request to authorize, as an alternative, the use of the same
edition and addenda of the ASME OM Code or ASME B&PV Code, Section XI,
that was specified in the design certification or COL application for
the initial 120-month IST and ISI programs. In its request for
authorization of an alternative, the COL licensee would need to
demonstrate that it meets one of the conditions described in 10 CFR
50.55a. In addition, a COL licensee may request exemptions or
departures for IST and ISI programs in accordance with Section VIII,
``Processes for Changes and Departures'' which is located in each of
the Appendices A-D of 10 CFR part 52.
When evaluating a proposed alternative under 10 CFR 50.55a, the NRC
staff will compare the IST and ISI provisions in the proposed code
edition and addenda to the required edition and addenda of these codes
incorporated by reference in 10 CFR 50.55a on the date that occurs 12
months before fuel loading. As part of its review, the NRC staff will
evaluate the differences between the IST and ISI provisions in those
respective code editions and addenda. The NRC staff will also consider
whether the alternative enables the testing and inspections applicable
to NUREG-0933 generic safety issues and operational lessons learned
that are incorporated into the design under 10 CFR 52.47(a)(21)and
(22). Therefore, the design certification and COL applicants should
consider the edition and addenda of the ASME OM Code and ASME B&PV
Code, Section XI, specified in the descriptions of the IST and ISI
programs in their design certification and COL applications, and
whether those code editions and addenda reflect lessons learned from
operating experience at nuclear power plants (including IST and ISI
activities) and industry and regulatory research programs that will be
incorporated into later code addenda and editions.
Preservice Inspection Using ASME B&PV Code, Section III
The NRC staff has received inquiries from design certification and
COL applicants about the edition and addenda of ASME B&PV Code, Section
III that they should use for developing a preservice inspection (PSI)
program. The NRC regulations in 10 CFR 50.55a(g)(3)(i) and (ii)
require, in part, that Class 1 components and supports, and Class 2 and
3 components and supports for Class 1 components must meet the
preservice examination requirements set forth in the editions and
addenda of Section III or XI of the ASME B&PV Code (or ASME OM Code for
snubber examination and testing) incorporated by reference in 10 CFR
50.55a that apply to the construction of the particular component. A
design certification applicant may specify the edition and addenda of
Section III of the ASME B&PV Code that has been incorporated by
reference in 10 CFR 50.55a for the design of its Class 1, 2, and 3
components. A COL licensee may use this same edition and addenda of
Section III to develop its PSI program. However, the staff prefers that
COL applicants specify the latest edition and addenda of ASME B&PV
Code, Section III that is incorporated by reference in
[[Page 12092]]
10 CFR 50.55a. This action effectively minimizes the differences in
preservice examination requirements when developing the ISI program but
is not mandatory.
For its initial 120-month interval, a COL licensee may submit to
the NRC a request to authorize an alternative to use a different
edition and addenda of ASME B&PV Code, Section III, than that
established in the design certification application, or an earlier
edition and addenda of ASME B&PV Code, Section XI, than that required
by 10 CFR 50.55a(g)(3)(i), for developing its PSI program. According to
10 CFR 50.55a, the COL licensee would need to demonstrate that (1) this
edition and addenda of ASME B&PV Code, Section III or XI, would provide
an acceptable level of quality and safety, or (2) compliance with the
specified requirement to use the latest edition and addenda would
result in hardship or unusual difficulty without a compensating
increase in the level of quality and safety.
Risk-Informed IST and ISI Programs
On several occasions, the NRC staff has been asked to define its
position on Risk-Informed IST and ISI program submittals during the COL
application process. A COL applicant or licensee may submit Risk-
Informed IST and ISI programs for NRC staff review and authorization as
an alternative to the regulations as described in 10 CFR 50.55a. The
COL applicant or licensee will need to satisfy the requirements for
authorization of an alternative as specified in 10 CFR 50.55a.
The NRC staff recommends that a conventional IST or ISI program be
in place or developed before preparing a Risk-Informed IST or ISI
program to facilitate the evaluation of the acceptability of the
alternative program. This recommendation is based solely on the fact
that the existing design certification applications, the Standard
Review Plan acceptance criteria, the applicable NUREG documents, and
the COL applications conform to the premise that conventional IST/ISI
programs have been developed prior to a Risk-Informed program. No
regulation requires that a conventional IST/ISI program be developed
prior to a Risk-Informed IST or ISI program submission as an
alternative. However, the NRC staff considers this approach to provide
the most expedient course for review and approval of a Risk Informed
IST or ISI program.
Backfit Discussion
This RIS clarifies current regulatory requirements and provides
voluntary options that a COL licensee may propose. The RIS imposes no
new requirements and necessitates no action or written response.
Therefore, it does not constitute a backfit under 10 CFR 50.109,
``Backfitting,'' and the staff did not perform a backfit analysis.
Congressional Review Act
[Discussion to be provided in the final RIS.]
Paperwork Reduction Act Statement
This RIS does not contain new or amended information collection
requirements that are subject to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). The Office of Management and Budget (OMB)
approved the existing requirements under OMB approval numbers 3150-0011
and 3150-0151.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, an information collection unless the requesting document
displays a currently valid OMB control number.
Contact
Please direct any questions about this matter to Andrea Russell,
Project Manager, telephone 301-415-8553, or email
[email protected].
For the Nuclear Regulatory Commission.
Dated at Rockville, Maryland, this 16th day of February 2012.
Kimyata Morgan-Butler,
Acting Chief, Generic Communications Branch, Division of Policy and
Rulemaking, Office of Nuclear Reactor Regulation.
[FR Doc. 2012-4647 Filed 2-27-12; 8:45 am]
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