[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)]
[Proposed Rules]
[Pages 10780-10798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04355]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / 
Proposed Rules  

[[Page 10780]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[NRC-2012-0059]
RIN 3150-AJ13


Approval of American Society of Mechanical Engineers' Code Cases

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its regulations to incorporate by reference proposed revisions of 
three regulatory guides (RGs) which would approve new, revised, and 
reaffirmed Code Cases published by the American Society of Mechanical 
Engineers (ASME). This proposed action would allow nuclear power plant 
licensees, and applicants for construction permits, operating licenses, 
combined licenses, standard design certifications, standard design 
approvals and manufacturing licenses, to use the Code Cases listed in 
these draft RGs as alternatives to engineering standards for the 
construction, inservice inspection, and inservice testing of nuclear 
power plant components. These engineering standards are set forth in 
ASME Boiler and Pressure Vessel Codes and ASME Operations and 
Maintenance Codes, which are currently incorporated by reference into 
the NRC's regulations. The NRC is requesting comments on this proposed 
rule and on the draft versions of the three RGs proposed to be 
incorporated by reference. The NRC is also making available a related 
draft RG that lists Code Cases that the NRC has not approved for use. 
This draft RG will not be incorporated by reference into the NRC's 
regulations.

DATES: Submit comments on the proposed rule and related guidance by May 
16, 2016. Submit comments specific to the information collections 
aspects of this rule by April 1, 2016. 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: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0059. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jennifer Tobin, Office of Nuclear 
Reactor Regulation, telephone: 301-415-2328, email: 
[email protected]; and Anthony Cinson, Office of Nuclear 
Regulatory Research, telephone: 301-415-2393; email: 
[email protected]. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    The purpose of this regulatory action is to incorporate by 
reference into the NRC regulations the latest revisions of three RGs 
(currently in draft form for comment). The three draft RGs identify 
new, revised, and reaffirmed Code Cases published by the ASME, which 
the NRC has determined are acceptable for use as alternatives to 
compliance with certain provisions of the ASME Boiler and Pressure 
Vessel Codes and ASME Operations and Maintenance Codes currently 
incorporated by reference into the NRC's regulations. The three draft 
RGs that the NRC proposes to incorporate by reference are RG 1.84, 
``Design, Fabrication, and Materials Code Case Acceptability, ASME 
Section III,'' Revision 37 (Draft Regulatory Guide (DG)-1295); RG 
1.147, ``Inservice Inspection Code Case Acceptability, ASME Section XI, 
Division 1,'' Revision 18 (DG-1296); and RG 1.192, ``Operation and 
Maintenance [OM] Code Case Acceptability, ASME OM Code,'' Revision 2 
(DG-1297). This proposed action would allow nuclear power plant 
licensees and applicants for construction permits (CPs), operating 
licenses (OLs), combined licenses (COLs), standard design 
certifications, standard design approvals, and manufacturing licenses, 
to use the Code Cases newly listed in these revised RGs as alternatives 
to engineering standards for the construction, inservice inspection 
(ISI), and inservice testing (IST) of nuclear power plant components. 
The NRC also notes the availability of a proposed version of RG 1.193, 
``ASME Code Cases Not Approved for Use,'' Revision 5 (DG-1298). This 
document lists Code Cases that the NRC has not approved for generic 
use, and will not be incorporated by reference into the NRC's 
regulations. The NRC is not requesting comment on RG 1.193.
    The NRC prepared a draft regulatory analysis to determine the 
expected quantitative costs and benefits of the proposed rule, as well 
as qualitative factors to be considered in the NRC's rulemaking 
decision. The analysis concluded that the proposed rule would result in 
net savings to the industry and the NRC. As shown in the following 
table, the estimated total net benefit relative to the regulatory 
baseline, the quantitative benefits outweigh the costs by a range from 
approximately $5,504,000 (7-percent NPV) to $6,520,000 (3-percent NPV).

[[Page 10781]]



----------------------------------------------------------------------------------------------------------------
                                                                          Total averted costs (Costs)
                          Attribute                           --------------------------------------------------
                                                                 Undiscounted        7% NPV           3% NPV
----------------------------------------------------------------------------------------------------------------
Industry Implementation......................................    ($1,933,000)     ($1,933,000)     ($1,933,000)
Industry Operation...........................................     $7,771,000       $6,375,000       $7,124,000
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Total Industry Costs.........................................     $4,517,000       $3,353,000       $3,978,000
----------------------------------------------------------------------------------------------------------------
                                                               ...............  ...............  ...............
NRC Implementation...........................................      ($294,000)       ($294,000)       ($294,000)
NRC Operation................................................     $3,190,000       $2,444,000       $2,836,000
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Total NRC Cost...............................................     $2,896,000       $2,151,000       $2,543,000
----------------------------------------------------------------------------------------------------------------
                                                               ...............  ...............  ...............
    Net......................................................     $7,413,000       $5,504,000       $6,520,000
----------------------------------------------------------------------------------------------------------------

    The regulatory analysis also considered the following 
nonquantifiable benefits for industry and the NRC: (1) Would provide 
licensees with flexibility and would decrease licensee's uncertainty 
when making modifications or preparing to perform ISI or IST; (2) 
consistency with the provisions of the National Technology Transfer and 
Advancement Act of 1995 (NTTAA), which encourages Federal regulatory 
agencies to consider adopting voluntary consensus standards as an 
alternative to de novo agency development of standards affecting an 
industry; (3) consistency with the NRC's policy of evaluating the 
latest versions of consensus standards in terms of their suitability 
for endorsement by regulations and regulatory guides; and (4) 
consistency with the NRC's goal to harmonize with international 
standards to improve regulatory efficiency for both the NRC and 
international standards groups.
    The draft regulatory analysis concludes that the proposed rule 
should be adopted because it is justified when integrating the cost-
beneficial quantitative results and the positive and supporting 
nonquantitative considerations in the decision. For more information, 
please see the regulatory analysis (ADAMS Accession No. ML15041A816).

Table of Contents

I. Obtaining Information and Submitting Comments
    A. Obtaining Information
    B. Submitting Comments
II. Background
III. Discussion
    A. Code Cases Proposed To Be Approved for Unconditional Use
    B. Code Cases Proposed To Be Approved for Use With Conditions
    ASME BPV Code, Section III Code Cases (DG-1295/RG 1.84)
    ASME BPV Code, Section XI Code Cases (DG-1296/RG 1.147)
    OM Code Cases (DG-1297/RG 1.192)
    C. ASME Code Cases Not Approved for Use (DG-1298/RG 1.193)
IV. Section-by-Section Analysis
V. Regulatory Flexibility Certification
VI. Regulatory Analysis
VII. Backfitting and Issue Finality
VIII. Plain Writing
IX. Incorporation by Reference--Reasonable Availability to 
Interested Parties
X. Environmental Assessment and Proposed Finding of No Significant 
Environmental Impact
XI. Paperwork Reduction Act Statement
XII. Voluntary Consensus Standards
XIII. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2012-0059 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0059.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection 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]. For 
the convenience of the reader, instructions about obtaining materials 
referenced in this document are provided in the ``Availability of 
Documents'' section.
     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-2012-0059 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely 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 that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Background

    The ASME develops and publishes the ASME Boiler and Pressure Vessel 
Code (BPV Code), which contains requirements for the design, 
construction, and ISI and examination of nuclear power plant 
components, and the ASME Code for Operation and Maintenance of Nuclear 
Power Plants (OM Code) \1\, which contains requirements for IST of 
nuclear power plant components. In response to BPV and OM Code user 
requests, the ASME develops Code Cases that provide alternatives to BPV 
and OM Code requirements under special circumstances.
---------------------------------------------------------------------------

    \1\ The editions and addenda of the ASME Code for Operation and 
Maintenance of Nuclear Power Plants have had different titles from 
2005 to 2012, and are referred to collectively in this rule as the 
``OM Code.''

---------------------------------------------------------------------------

[[Page 10782]]

    The NRC approves and can mandate the use of the ASME BPV and OM 
Codes in Sec.  50.55a, ``Codes and standards,'' of title 10 of the Code 
of Federal Regulations (10 CFR) through the process of incorporation by 
reference. As such, each provision of the ASME Codes incorporated by 
reference into, and mandated by Sec.  50.55a constitutes a legally-
binding NRC requirement imposed by rule. As noted previously, ASME Code 
Cases, for the most part, represent alternative approaches for 
complying with provisions of the ASME BPV and OM Codes. Accordingly, 
the NRC periodically amends Sec.  50.55a to incorporate by reference 
NRC RGs listing approved ASME Code Cases that may be used as 
alternatives to the BPV and OM Codes.\2\
---------------------------------------------------------------------------

    \2\ See ``Incorporation by Reference of ASME BPV and OM Code 
Cases'' (68 FR 40469; July 8, 2003).
---------------------------------------------------------------------------

    This rulemaking is the latest in a series of rulemakings that 
incorporate by reference new versions of several RGs identifying new, 
revised, and reaffirmed,\3\ and unconditionally or conditionally 
acceptable ASME Code Cases that the NRC approves for use. In developing 
these RGs, the NRC staff reviews ASME BPV and OM Code Cases, determines 
the acceptability of each Code Case, and publishes its findings in the 
RGs. The RGs are revised periodically as new Code Cases are published 
by the ASME. The NRC incorporates by reference the RGs listing 
acceptable and conditionally acceptable ASME Code Cases into Sec.  
50.55a. Currently, NRC RG 1.84, ``Design, Fabrication, and Materials 
Code Case Acceptability, ASME Section III,'' Revision 36; RG 1.147, 
``Inservice Inspection Code Case Acceptability, ASME Section XI, 
Division 1,'' Revision 17; and RG 1.192, ``Operation and Maintenance 
Code Case Acceptability, ASME OM Code,'' Revision 1, are incorporated 
into the NRC's regulations in Sec.  50.55a.
---------------------------------------------------------------------------

    \3\ Code Cases are categorized by ASME as one of three types: 
New, revised, or reaffirmed. A new Code Case provides for a new 
alternative to specific ASME Code provisions or addresses a new 
need. The ASME defines a revised Code Case to be a revision 
(modification) to an existing Code Case to address, for example, 
technological advancements in examination techniques or to address 
NRC conditions imposed in one of the RGs that have been incorporated 
by reference into Sec.  50.55a. The ASME defines ``reaffirmed'' as 
an OM Code Case to be one that does not have any change to technical 
content, but includes editorial changes.
---------------------------------------------------------------------------

III. Discussion

    This proposed rule would incorporate by reference the latest 
revisions of the NRC RGs that list ASME BPV and OM Code Cases that the 
NRC finds to be acceptable, or acceptable with NRC-specified conditions 
(``conditionally acceptable''). Regulatory Guide 1.84 (DG-1295, 
Revision 37) would supersede Revision 36; RG 1.147 (DG-1296, Revision 
18) would supersede Revision 17; and RG 1.192 (DG-1297, Revision 2) 
would supersede Revision 1. The NRC also publishes a document (RG 
1.193, ``ASME Code Cases Not Approved for Use'') that lists Code Cases 
that the NRC has not approved for generic use.
    RG 1.193 is not incorporated by reference into the NRC's 
regulations; however, NRC notes the availability of a proposed version 
of RG 1.193, Revision 5 (DG-1298). The NRC is not requesting comment on 
DG-1298.
    The ASME Code Cases that are the subject of this rulemaking are the 
new, revised, and reaffirmed Section III and Section XI Code Cases 
listed in Supplement 11 to the 2007 BPV Code through Supplement 10 to 
the 2010 BPV Code, and the OM Code Cases published with the 2009 
Edition through the 2012 Edition.
    The latest editions and addenda of the ASME BPV and OM Codes that 
the NRC has approved for use are referenced in Sec.  50.55a. The ASME 
also publishes Code Cases that provide alternatives to existing Code 
requirements that the ASME developed and approved. The proposed rule 
would incorporate by reference RGs 1.84, 1.147, and 1.192, allowing 
nuclear power plant licensees, and applicants for CPs, OLs, COLs, 
standard design certifications, standard design approvals, and 
manufacturing licenses under the regulations that govern license 
certifications to use the Code Cases listed in these RGs as suitable 
alternatives to the ASME BPV and OM Codes for the construction, ISI, 
and IST of nuclear power plant components. This action would be 
consistent with the provisions of the National Technology Transfer and 
Advancement Act of 1995 (NTTAA), Public Law 104-113, which encourages 
Federal regulatory agencies to consider adopting industry consensus 
standards as an alternative to de novo agency development of standards 
affecting an industry. This action would also be consistent with the 
NRC policy of evaluating the latest versions of consensus standards in 
terms of their suitability for endorsement by regulations or regulatory 
guides.
    The NRC follows a three-step process to determine acceptability of 
new, revised, and reaffirmed Code Cases, and the need for regulatory 
positions on the uses of these Code Cases. This process was employed in 
the review of the Code Cases in Supplement 11 to the 2007 Edition 
through Supplement 10 to the 2010 Edition of the BPV Code and the 2009 
Edition through the 2012 Edition of the OM Code. The Code Cases in 
these supplements and OM Editions and Addenda are the subject of this 
proposed rule. First, the ASME develops Code Cases through a consensus 
development process, as administered by the American National Standards 
Institute (ANSI), which ensures that the various technical interests 
(e.g., utility, manufacturing, insurance, regulatory) are represented 
on standards development committees and that their view points are 
addressed fairly. The NRC staff actively participates through full 
involvement in discussions and technical debates of the task groups, 
working groups, subgroups, and standards committee regarding the 
development of new and revised standards. The Code Case process 
includes development of a technical justification in support of each 
new or revised Code Case. The ASME committee meetings are open to the 
public and attendees are encouraged to participate. Task groups, 
working groups, and subgroups report to a standards committee. The 
standards committee is the decisive consensus committee in that it 
ensures that the development process fully complies with the ANSI 
consensus process.
    Second, the standards committee transmits a first consideration 
letter ballot to every member of the standards committee requesting 
comment or approval of new and revised Code Cases. Code Cases are 
approved by the standards committee from the first consideration letter 
ballot when at least two thirds of the eligible consensus committee 
membership vote approved, there are no disapprovals from the standards 
committee, and no substantive comments are received from the ASME 
oversight committees such as the Technical Oversight Management 
Committee (TOMC). The TOMC's duties, in part, are to oversee various 
standards committees to ensure technical adequacy and to provide 
recommendations in the development of codes and standards, as required. 
Code Cases that were disapproved or received substantive comments from 
the first consideration ballot are reviewed by the working level 
group(s) responsible for their development to consider the comments 
received. These Code Cases are approved by the standards committee on 
second consideration when at least two thirds of the eligible consensus 
committee membership vote approved, and there are no more than three 
disapprovals from the consensus committee.

[[Page 10783]]

    Third, the NRC reviews new, revised, and reaffirmed Code Cases to 
determine their acceptability for incorporation by reference in Sec.  
50.55a through the subject RGs. This rulemaking process, when 
considered together with the ANSI process for developing and approving 
the ASME codes and standards, and Code Cases, constitutes the NRC's 
basis that the Code Cases (with conditions as necessary) provide 
reasonable assurance of adequate protection to public health and 
safety.
    The NRC reviewed the new, revised, and reaffirmed Code Cases 
identified in the three draft regulatory guides proposed to be 
incorporated by reference into Sec.  50.55a in this rulemaking. The NRC 
proposes to conclude, in accordance with the process described, that 
the Code Cases are technically adequate (with conditions as necessary) 
and consistent with current NRC regulations, and referencing these Code 
Cases in the applicable RGs, thereby approving them for use subject to 
the specified conditions.

A. Code Cases Proposed To Be Approved for Unconditional Use

    The Code Cases that are discussed in TABLE I are new, revised or 
reaffirmed Code Cases in which the NRC is not proposing any conditions. 
The NRC concludes, in accordance with the process described for review 
of ASME Code Cases, that each of the ASME Code Cases listed in TABLE I 
are acceptable for use without conditions. Therefore, the NRC proposes 
to approve for unconditional use the Code Cases listed in TABLE I. This 
table identifies the draft regulatory guide listing the applicable Code 
Case that the NRC proposes to approve for use.

           Table I--Code Cases Proposed for Unconditional Use
------------------------------------------------------------------------
         Code Case No.              Supplement             Title
------------------------------------------------------------------------
               Boiler and Pressure Vessel Code Section III
                     (addressed in DG-1295, Table 1)
------------------------------------------------------------------------
N-284-3.......................  7 (10 Edition)...  Metal Containment
                                                    Shell Buckling
                                                    Design Methods,
                                                    Class MC, TC, and SC
                                                    Construction,
                                                    Section III,
                                                    Divisions 1 and 3.
N-500-4.......................  8 (10 Edition)...  Alternative Rules for
                                                    Standard Supports
                                                    for Classes 1, 2, 3,
                                                    and MC, Section III,
                                                    Division 1.
N-520-5.......................  10 (10 Edition)..  Alternative Rules for
                                                    Renewal of Active or
                                                    Expired N-type
                                                    Certificates for
                                                    Plants Not in Active
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-594-1.......................  8 (10 Edition)...  Repairs to P-4 and P-
                                                    5A Castings without
                                                    Postweld Heat
                                                    Treatment Class 1,
                                                    2, and 3
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-637-1.......................  3 (10 Edition)...  Use of 44Fe-25Ni-21Cr-
                                                    Mo (Alloy UNS
                                                    N08904) Plate, Bar,
                                                    Fittings, Welded
                                                    Pipe, and Welded
                                                    Tube, Classes 2 and
                                                    3, Section III,
                                                    Division 1.
N-655-2.......................  4 (10 Edition)...  Use of SA-738, Grade
                                                    B, for Metal
                                                    Containment Vessels,
                                                    Class MC, Section
                                                    III, Division 1.
N-763.........................  2 (10 Edition)...  ASTM A 709-06, Grade
                                                    HPS 70W (HPS 485W)
                                                    Plate Material
                                                    Without Postweld
                                                    Heat Treatment as
                                                    Containment Liner
                                                    Material or
                                                    Structural
                                                    Attachments to the
                                                    Containment Liner,
                                                    Section III,
                                                    Division 2.
N-777.........................  4 (10 Edition)...  Calibration of Cv
                                                    Impact Test
                                                    Machines, Section
                                                    III, Divisions 1, 2,
                                                    and 3.
N-785.........................  11 (07 Edition)..  Use of SA-479/SA-
                                                    479M, UNS S41500 for
                                                    Class 1 Welded
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-811.........................  7 (10 Edition)...  Alternative
                                                    Qualification
                                                    Requirements for
                                                    Concrete Level III
                                                    Inspection
                                                    Personnel, Section
                                                    III, Division 2.
N-815.........................  8 (10 Edition)...  Use of SA-358/SA-358M
                                                    Grades Fabricated as
                                                    Class 3 or Class 4
                                                    Welded Pipe, Class
                                                    CS Core Support
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-816.........................  8 (10 Edition)...  Use of Temper Bead
                                                    Weld Repair Rules
                                                    Adopted in 2010
                                                    Edition and Earlier
                                                    Editions, Section
                                                    III, Division 1.
N-817.........................  8 (10 Edition)...  Use of Die Forgings,
                                                    SB-247, UNS A96061
                                                    Class T6, With
                                                    Thickness <=4.000
                                                    in. Material, Class
                                                    2 Construction (1992
                                                    Edition or Later),
                                                    Section III,
                                                    Division 1.
N-819.........................  8 (10 Edition)...  Use of Die Forgings,
                                                    SB-247, UNS A96061
                                                    Class T6, With
                                                    Thickness <=4.000
                                                    in. Material, Class
                                                    2 Construction (1989
                                                    Edition with the
                                                    1991 Addenda or
                                                    Earlier), Section
                                                    III, Division 1.
N-822.........................  8 (10 Edition)...  Application of the
                                                    ASME Certification
                                                    Mark, Section III,
                                                    Divisions 1, 2, 3,
                                                    and 5.
------------------------------------------------------------------------
               Boiler and Pressure Vessel Code Section XI
                     (addressed in DG-1296, Table 1)
------------------------------------------------------------------------
N-609-1.......................  3 (10 Edition)...  Alternative
                                                    Requirements to
                                                    Stress-Based
                                                    Selection Criteria
                                                    for Category B-J
                                                    Welds, Section XI,
                                                    Division 1.
N-613-2.......................  4 (10 Edition)...  Ultrasonic
                                                    Examination of Full
                                                    Penetration Nozzles
                                                    in Vessels,
                                                    Examination Category
                                                    B-D, Reactor
                                                    Nozzle[dash]To[dash]
                                                    Vessel Welds, and
                                                    Nozzle Inside Radius
                                                    Section Figs. IWB-
                                                    2500-7(a), (b), (c),
                                                    and (d), Section XI,
                                                    Division 1.
N-652-2.......................  9 (10 Edition)...  Alternative
                                                    Requirements to
                                                    Categorize B-G-1, B-
                                                    G-2, and C-D Bolting
                                                    Examination Methods
                                                    and Selection
                                                    Criteria, Section
                                                    XI, Division 1.

[[Page 10784]]

 
N-653-1.......................  9 (10 Edition)...  Qualification
                                                    Requirements for
                                                    Full Structural
                                                    Overlaid Wrought
                                                    Austenitic Piping
                                                    Welds, Section XI,
                                                    Division 1.
N-694-2 \4\...................  1 (13 Edition)...  Evaluation Procedure
                                                    and Acceptance
                                                    Criteria for
                                                    [pressurized water
                                                    reactors] (PWR)
                                                    Reactor Vessel Head
                                                    Penetration Nozzles,
                                                    Section XI, Division
                                                    1.
N-730-1.......................  10 (10 Edition)..  Roll Expansion of
                                                    Class 1 Control Rod
                                                    Drive Bottom Head
                                                    Penetrations in
                                                    [boiling water
                                                    reactors] BWRs,
                                                    Section XI, Division
                                                    1.
N-769-2.......................  10 (10 Edition)..  Roll Expansion of
                                                    Class 1 In[dash]Core
                                                    Housing Bottom Head
                                                    Penetrations in
                                                    BWRs, Section XI,
                                                    Division 1.
N-771.........................  7 (10 Edition)...  Alternative
                                                    Requirements for
                                                    Additional
                                                    Examinations of
                                                    Class 2 or 3 Items,
                                                    Section XI, Division
                                                    1.
N-775.........................  2 (10 Edition)...  Alternative
                                                    Requirements for
                                                    Bolting Affected by
                                                    Borated Water
                                                    Leakage, Section XI,
                                                    Division 1.
N-776.........................  1 (10 Edition)...  Alternative to IWA-
                                                    5244 Requirements
                                                    for Buried Piping,
                                                    Section XI, Division
                                                    1.
N-786.........................  5 (10 Edition)...  Alternative
                                                    Requirements for
                                                    Sleeve Reinforcement
                                                    of Class 2 and 3
                                                    Moderate-Energy
                                                    Carbon Steel Piping,
                                                    Section XI, Division
                                                    1.
N-798.........................  4 (10 Edition)...  Alternative Pressure
                                                    Testing Requirements
                                                    for Class 1 Piping
                                                    Between the First
                                                    and Second Vent,
                                                    Drain, and Test
                                                    Isolation Devices,
                                                    Section XI, Division
                                                    1.
N-800.........................  4 (10 Edition)...  Alternative Pressure
                                                    Testing Requirements
                                                    for Class 1 Piping
                                                    Between the First
                                                    and Second Injection
                                                    Valves, Section XI,
                                                    Division 1.
N-803.........................  5 (10 Edition)...  Similar and
                                                    Dissimilar Metal
                                                    Welding Using
                                                    Ambient Temperature
                                                    Automatic or Machine
                                                    Dry Underwater Laser
                                                    Beam Welding (ULBW)
                                                    Temper Bead
                                                    Technique, Section
                                                    XI, Division 1.
N-805.........................  6 (10 Edition)...  Alternative to Class
                                                    1 Extended Boundary
                                                    End of Interval or
                                                    Class 2 System
                                                    Leakage Testing of
                                                    the Reactor Vessel
                                                    Head Flange O-Ring
                                                    Leak-Detection
                                                    System, Section XI,
                                                    Division 1.
N-823.........................  9 (10 Edition)...  Visual Examination,
                                                    Section XI, Division
                                                    1.
N-825 \5\.....................  3 (13 Edition)...  Alternative
                                                    Requirements for
                                                    Examination of
                                                    Control Rod Drive
                                                    Housing Welds,
                                                    Section XI, Division
                                                    1.
N-845 \6\.....................  6 (13 Edition)...  Qualification
                                                    Requirements for
                                                    Bolts and Studs,
                                                    Section XI, Division
                                                    1.
------------------------------------------------------------------------
                Code for Operations and Maintenance (OM)
                     (addressed in DG-1297, Table 1)
------------------------------------------------------------------------
Code Case No.                   Edition..........  Title
------------------------------------------------------------------------
OMN-2.........................  2012 Edition.....  Thermal Relief Valve
                                                    Code Case, OM Code-
                                                    1995, Appendix I
OMN-5.........................  2012 Edition.....  Testing of Liquid
                                                    Service Relief
                                                    Valves without
                                                    Insulation.
OMN-6.........................  2012 Edition.....  Alternative Rules for
                                                    Digital Instruments.
OMN-7.........................  2012 Edition.....  Alternative
                                                    Requirements for
                                                    Pump Testing.
OMN-8.........................  2012 Edition.....  Alternative Rules for
                                                    Preservice and
                                                    Inservice Testing of
                                                    Power-Operated
                                                    Valves That Are Used
                                                    for System Control
                                                    and Have a Safety
                                                    Function per OM-10,
                                                    ISTC-1.1, or
                                                    ISTA[dash]1100.
OMN-13, Revision 2............  2012 Edition.....  Performance-Based
                                                    Requirements for
                                                    Extending Snubber
                                                    Inservice Visual
                                                    Examination Interval
                                                    at [light water
                                                    reactor] (LWR) Power
                                                    Plants.
OMN-14........................  2012 Edition.....  Alternative Rules for
                                                    Valve Testing
                                                    Operations and
                                                    Maintenance,
                                                    Appendix I: BWR
                                                    [control rod drive]
                                                    CRD Rupture Disk
                                                    Exclusion.
OMN-15, Revision 2............  2012 Edition.....  Performance-Based
                                                    Requirements for
                                                    Extending the
                                                    Snubber Operational
                                                    Readiness Testing
                                                    Interval at LWR
                                                    Power Plants.
OMN-17........................  2012 Edition.....  Alternative Rules for
                                                    Testing ASME Class 1
                                                    Pressure Relief/
                                                    Safety Valves.
OMN-20........................  2012 Edition.....  Inservice Test
                                                    Frequency.
------------------------------------------------------------------------
\4\ Code Case published in Supplement 1 to the 2013 Edition; included at
  the request of ASME.
\5\ Code Case published in Supplement 3 to the 2013 Edition; included at
  the request of ASME.
\6\ Code Case published in Supplement 6 to the 2013 Edition; included at
  the request of ASME.

B. Code Cases Proposed To Be Approved for Use With Conditions

    The Code Cases that are discussed in TABLE II are new, revised or 
reaffirmed Code Cases in which the NRC is proposing conditions. The NRC 
has determined that certain Code Cases, as issued by the ASME, are 
generally acceptable for use, but that the alternative requirements 
specified in those Code Cases must be supplemented in order to provide 
an acceptable level of quality and safety. Accordingly, the NRC 
proposes to impose conditions on the use of these Code Cases to modify, 
limit or clarify their requirements. The conditions would specify, for 
each applicable Code Case, the additional activities that must be 
performed, the limits on the activities specified in the Code Case, 
and/or the supplemental information needed to provide clarity. These 
ASME Code Cases with conditions are included in Table 2 of DG-1295 (RG 
1.84), DG-1296 (RG 1.147), and DG-1297 (RG 1.192). No new ASME Code 
Cases with conditions

[[Page 10785]]

are proposed to be listed in Table 2 of DG-1295 (RG 1.84).

            Table II--Code Cases Proposed for Conditional Use
------------------------------------------------------------------------
         Code Case No.              Supplement             Title
------------------------------------------------------------------------
               Boiler and Pressure Vessel Code Section III
                     (addressed in DG-1295, Table 2)
------------------------------------------------------------------------
 No ASME Section III Code Cases are proposed for Conditional Approval in
                             this Rulemaking
------------------------------------------------------------------------
               Boiler and Pressure Vessel Code Section XI
                     (addressed in DG-1296, Table 2)
------------------------------------------------------------------------
N-552-1.......................  10 (10 Edition)..  Alternative Methods--
                                                    Qualification for
                                                    Nozzle Inside Radius
                                                    Section from the
                                                    Outside Surface,
                                                    Section XI, Division
                                                    1.
N-576-2.......................  9 (10 Edition)...  Repair of Class 1 and
                                                    2 SB-163, UNS N06600
                                                    Steam Generator
                                                    Tubing, Section XI,
                                                    Division 1.
N-593-2.......................  8 (10 Edition)...  Examination
                                                    Requirements for
                                                    Steam Generator
                                                    Nozzle-to-Vessel
                                                    Welds, Section XI,
                                                    Division 1.
N-638-6.......................  6 (10 Edition)...  Similar and
                                                    Dissimilar Metal
                                                    Welding Using
                                                    Ambient Temperature
                                                    Machine GTAW Temper
                                                    Bead Technique,
                                                    Section XI, Division
                                                    1.
N-662-1.......................  6 (10 Edition)...  Alternative Repair/
                                                    Replacement
                                                    Requirements for
                                                    Items Classified in
                                                    Accordance with Risk-
                                                    Informed Processes,
                                                    Section XI, Division
                                                    1.
N-666-1.......................  9 (10 Edition)...  Weld Overlay of
                                                    Classes 1, 2, and 3
                                                    Socket Welded
                                                    Connections, Section
                                                    XI, Division 1.
N-749.........................  9 (10 Edition)...  Alternative
                                                    Acceptance Criteria
                                                    for Flaws in
                                                    Ferritic Steel
                                                    Components Operating
                                                    in the Upper Shelf
                                                    Temperature Range,
                                                    Section XI, Division
                                                    1.
N-754.........................  6 (10 Edition)...  Optimized Structural
                                                    Dissimilar Metal
                                                    Weld Overlay for
                                                    Mitigation of PWR
                                                    Class 1 Items,
                                                    Section XI, Division
                                                    1.
N-778.........................  6 (10 Edition)...  Alternative
                                                    Requirements for
                                                    Preparation and
                                                    Submittal of
                                                    Inservice Inspection
                                                    Plans, Schedules,
                                                    and Preservice and
                                                    Inservice Summary
                                                    Reports, Section XI,
                                                    Division 1.
N-789.........................  6 (10 Edition)...  Alternative
                                                    Requirements for Pad
                                                    Reinforcement of
                                                    Class 2 and 3
                                                    Moderate Energy
                                                    Carbon Steel Piping
                                                    for Raw Water
                                                    Service, Section XI,
                                                    Division 1.
N-795.........................  3 (10 Edition)...  Alternative
                                                    Requirements for BWR
                                                    Class 1 System
                                                    Leakage Test
                                                    Pressure Following
                                                    Repair/Replacement
                                                    Activities, Section
                                                    XI, Division 1.
N-799.........................  4 (10 Edition)...  Dissimilar Metal
                                                    Welds Joining Vessel
                                                    Nozzles to
                                                    Components, Section
                                                    XI, Division 1.
------------------------------------------------------------------------
                Code for Operations and Maintenance (OM)
                     (addressed in DG-1297, Table 2)
------------------------------------------------------------------------
Code Case No.                   Edition..........  Title
------------------------------------------------------------------------
OMN-1 Revision 1..............  2012 Edition.....  Alternative Rules for
                                                    Preservice and
                                                    Inservice Testing of
                                                    Active Electric
                                                    Motor-Operated Valve
                                                    Assemblies in Light-
                                                    Water Reactor Power
                                                    Plants.
OMN-3.........................  2012 Edition.....  Requirements for
                                                    Safety Significance
                                                    Categorization of
                                                    Components Using
                                                    Risk Insights for
                                                    Inservice Testing of
                                                    LWR Power Plants.
OMN-4.........................  2012 Edition.....  Requirements for Risk
                                                    Insights for
                                                    Inservice Testing of
                                                    Check Valves at LWR
                                                    Power Plants.
OMN-9.........................  2012 Edition.....  Use of a Pump Curve
                                                    for Testing.
OMN-12........................  2012 Edition.....  Alternative
                                                    Requirements for
                                                    Inservice Testing
                                                    Using Risk Insights
                                                    for Pneumatically
                                                    and Hydraulically
                                                    Operated Valve
                                                    Assemblies in Light-
                                                    Water Reactor Power
                                                    Plants (OM-Code
                                                    1998, Subsection
                                                    ISTC).
OMN-16........................  2012 Edition.....  Use of a Pump Curve
                                                    for Testing.
OMN-18........................  2012 Edition.....  Alternate Testing
                                                    Requirements for
                                                    Pumps Tested
                                                    Quarterly Within
                                                    20% of
                                                    Design Flow.
OMN-19........................  2012 Edition.....  Alternative Upper
                                                    Limit for the
                                                    Comprehensive Pump
                                                    Test.
------------------------------------------------------------------------

    The NRC's evaluation of the Code Cases and the reasons for the 
NRC's proposed conditions are discussed in the following paragraphs. 
The NRC requests public comment on these Code Cases and the proposed 
conditions. Notations have been made to indicate the conditions 
duplicated from previous versions of the RG.
ASME BPV Code, Section III Code Cases (DG-1295/RG 1.84)
    There are no new or revised Section III Code Cases in Supplement 11 
to the 2007 Edition through Supplement 10 to the 2010 Edition that the 
NRC proposes to conditionally approve in draft Revision 37 of RG 1.84.

[[Page 10786]]

ASME BPV Code, Section XI Code Cases (DG-1296/RG 1.147)
Code Case N-552-1 [Supplement 10, 2010 Edition]
    Type: Revised.
    Title: Alternative Methods--Qualification for Nozzle Inside Radius 
Section from the Outside Surface, Section XI, Division 1.
    The proposed conditions on Code Case N-552-1 are identical to the 
conditions on N-552 that were approved by the NRC in Revision 16 of RG 
1.147 in October 2010.
    The reasons for imposing these conditions are not addressed by Code 
Case N-552-1 and, therefore, these conditions would be retained in 
proposed Revision 18 of RG 1.147 (DG-1296).
Code Case N-576-2 [Supplement 9, 2010 Edition]
    Type: Revised.
    Title: Repair of Class 1 and 2 SB-163, UNS N06600 Steam Generator 
Tubing, Section XI, Division 1.
    The proposed conditions on Code Case N-576-2 are identical to the 
conditions on N-576-1 that were approved by the NRC in Revision 17 of 
RG 1.147 in October 2014. The reasons for imposing these conditions are 
not addressed by Code Case N-552-2 and, therefore, these conditions 
would be retained in proposed Revision 18 of RG 1.147 (DG-1296).
Code Case N-593-2 [Supplement 8, 2010 Edition]
    Type: Revised.
    Title: Examination Requirements for Steam Generator Nozzle-to-
Vessel Welds, Section XI, Division 1.
    The first condition on Code Case N-593-2 is identical to the 
condition on Code Case N-593 that was first approved by the NRC in 
Revision 13 of RG 1.147 in June 2003. The condition stated that, 
``Essentially 100 percent (not less than 90 percent) of the examination 
volume A-B-C-D-E-F-G-H [in Figure 1 of the Code Case] must be 
examined.'' The reasons for imposing this condition in Code Case N-593 
continue to apply to Code Case N-593-2. Therefore, this condition would 
be retained for this Code Case in Revision 18 of RG 1.147.
    The second condition on Code Case N-593-2 is new. Revision 2 of the 
Code Case reduces the weld examination volume by reducing the width 
examined on either side of the weld from ts/2 to \1/2\ in. 
The basis for this change in inspection volume is to make the 
examination volume for steam generator nozzle-to-vessel welds (under 
Code Case N-593-2) consistent with that specified in Code Case N-613-1 
for similar vessel nozzles.
    The NRC identified an issue with respect to Code Case N-593-2 with 
respect to its inconsistency with Code Case N-613-1. Code Case N-593-2 
and Code Case N-613-1 address certain types of nozzle-to-vessel welds. 
Code Case N-613-1 states that ``. . .Category B-D nozzle-to-vessel 
welds previously ultrasonically examined using the examination volumes 
of Figs. IWB-2500-7(a), (b), and (c) may be examined using the reduced 
examination volume (A-B-C-D-E-F-G-H) of Figs. 1, 2, and 3.'' The 
keywords are ``previously examined.'' Code Case N-613-1 requires the 
larger volume to have been previously examined before examinations 
using the reduced volume can be performed. This ensures that there are 
no detrimental flaws in the component adjacent to the weld that would 
be missed if the inspection was performed only on the reduced volume. 
However, Code Case N-593-2 allows a licensee to immediately implement 
the reduced volume. Accordingly, the NRC is proposing to condition Code 
Case N-593-2 to require that the examination volume specified in 
Section XI, Table IWB-2500-1, Examination Category B-D, be used for the 
examination of steam generator nozzle-to-vessel welds at least once 
prior to use of the reduced volume allowed by the Code Case.
Code Case N-638-6 [Supplement 6, 2010 Edition]
    Type: Revised.
    Title: Similar and Dissimilar Metal Welding Using Ambient 
Temperature Machine GTAW Temper Bead Technique, Section XI, Division 1.
    Code Case N-638-6 allows the use of the automatic or machine gas-
tungsten arc welding (GTAW) temper bead technique. The GTAW is a proven 
method that can produce high-quality welds because it affords greater 
control over the weld area than many other welding processes.
    The NRC first approved Code Case N-638 (Revision 0) in 2003 
(Revision 13 of Regulatory Guide 1.147). Code Case N-638-4 was approved 
by the NRC in Revision 16 of RG 1.147 with two conditions. Code Case N-
638-5 was not approved in RG 1.147 for generic use but has been 
approved through requests for an alternative to Sec.  50.55a. Code Case 
N-638-6 address one of the NRC's concerns that were raised when Code 
Case N-638-4 was considered for approval and, therefore, the NRC is 
proposing to delete that condition from RG 1.147.
    Many of the provisions for developing and qualifying welding 
procedure specifications for the temper bead technique that were 
contained in earlier versions of the Code Case have been incorporated 
into ASME Section IX, ``Welding and Brazing Qualifications,'' QW-290, 
``Temper Bead Welding.'' Code Case N-638-6 retains the provisions not 
addressed by QW-290 and references QW-290 in lieu of specifying them 
directly in the Code Case.
    In addition to retaining one of the two conditions on Code Case N-
638-4, the NRC is proposing to add a new condition to address technical 
issues raised by certain provisions of Code Case N-638-6.
    The retained condition on Code Case N-638-6 pertains to the 
qualification of NDE and is identical to the condition on N-638-4 that 
was approved by the NRC in Revision 17 of RG 1.147 in October 2014. The 
reasons for imposing this condition is not addressed by Code Case N-
638-6 and, therefore, this condition would be retained in proposed 
Revision 18 of RG 1.147 (DG-1296).
    The new proposed condition is that section 1(b)(1) of the Code Case 
shall not be used. Section 1(b)(1) would allow through-wall 
circumferential repair welds to be made using the temper bead technique 
without heat treatment. Revisions 1 through 5 of N-638 limited the 
depth of the weld to one-half of the ferritic base metal thickness and 
the previously stated condition will limit repairs to this previously 
approved value. Repairs exceeding one-half of the ferritic base metal 
thickness may represent significant repairs (e.g., replacement of an 
entire portion of the reactor coolant loop). Until the NRC has more 
experience with such repairs, the NRC is imposing this condition so 
that prior NRC approval is necessary. Once significant experience is 
obtained demonstrating such major repairs can be performed safely, the 
NRC will consider relaxing this condition.
Code Case N-662-1 [Supplement 6, 2010 Edition]
    Type: Revised.
    Title: Alternative Repair/Replacement Requirements for Items 
Classified in Accordance with Risk-Informed Processes, Section XI, 
Division 1.
    The proposed condition on Code Case N-662-1 is identical to the 
condition on N-662 that was approved by the NRC in Revision 16 of RG 
1.147 in October 2010. The reasons for imposing this condition are not 
addressed by Code Case N-662-1 and, therefore, this condition would be 
retained in DG-1296/proposed Revision 18 of RG 1.147.

[[Page 10787]]

Code Case N-666-1 [Supplement 9, 2010 Edition]
    Type: Revised.
    Title: Weld Overlay of Classes 1, 2, and 3 Socket Welded 
Connections, Section XI, Division 1.
    Code Case N-666 was unconditionally approved in Revision 17 of RG 
1.147. The NRC proposes to approve Code Case N-666-1 with two 
conditions.
    The first proposed condition is that a surface examination must be 
performed on the completed weld overlay for Class 1 and Class 2 piping 
socket welds. Code Case N-666-1 contains provisions for the design, 
installation, evaluation, pressure testing, and examination of the weld 
overlays on Class 1, 2, and 3 socket welds. Section 5(a)(1) of the Code 
Case requires nondestructive examination (NDE) of the completed weld 
overlay in accordance with the Construction Code. However, various 
Construction Codes have been used in the design and fabrication of the 
nuclear power plant fleet. The requirements for NDE have changed over 
the years as more effective and reliable methods and techniques have 
been developed. In addition, Construction Code practices have evolved 
based on design and construction experience. The NRC is concerned that 
some of the Construction Codes would not require a surface examination 
of the weld overlay and would therefore be inadequate for NDE of the 
completed weld overlay. The NRC believes that a VT-1 examination alone 
would not be adequate and that a surface or volumetric examination must 
be performed on the completed weld overlay for Class 1 and Class 2 
piping socket welds. Fabrication defects, must be dispositioned using 
the surface or volumetric examination criteria of the Construction Code 
identified in the Repair/Replacement Plan.
    The second proposed condition would require that a surface or 
volumetric examination be performed if required by the plant-specific 
Construction Code, or that a VT-1 examination be performed after 
completion of the weld overlay. Paragraph 5(a) of the Code Case 
requires ``visual and nondestructive examination of the final 
structural overlay weld.'' In accordance with the requirement in 
paragraph 5(a), a surface or volumetric examination of the completed 
Class 3 piping socket weld overlay shall be performed if required by 
the plant-specific Construction Code. However, where the plant-specific 
Construction Code does not require a surface or volumetric examination 
of the Class 3 piping socket weld, it would be acceptable to only 
perform a VT-1 examination of the completed weld overlay.
Code Case N-749 [Supplement 9, 2010 Edition]
    Type: New.
    Title: Alternative Acceptance Criteria for Flaws in Ferritic Steel 
Components Operating in the Upper Shelf Temperature Range, Section XI, 
Division 1.
    The NRC proposes that instead of the upper shelf transition 
temperature, Tc, as defined in the Code Case, the following 
shall be used:
    Tc = 154.8[emsp14][deg]F + 0.82 x RTNDT (in 
U.S Customary Units), and
    Tc = 82.8 [deg]C + 0.82 x RTNDT (in 
International System (SI) Units).
    Tc is the temperature above which the elastic plastic 
fracture mechanics (EPFM) method must be applied. Additionally, the NRC 
defines temperature Tc1 below which the linear elastic 
fracture mechanics (LEFM) method must be applied:
    Tc1 = 95.36[emsp14][deg]F + 0.703 x RTNDT (in 
U.S Customary Units), and
    Tc1 = 47.7 [deg]C + 0.703 x RTNDT (in 
International System (SI) Units).
    Between Tc1 and Tc, while the fracture mode 
is in transition from LEFM to EPFM, users should consider whether or 
not it is appropriate to apply the EPFM method. Alternatively, the 
licensee may use a different Tc value if it can be justified 
by plant-specific Charpy Curves.
    Code Case N-749 provides acceptance criteria for flaws in ferritic 
components for conditions when the material fracture resistance will be 
controlled by upper-shelf toughness behavior. These procedures may be 
used to accept a flaw in lieu of the requirements in Section XI, 
paragraphs IWB-3610 and IWB-3620 (which use LEFM to evaluate flaws that 
exceed limits of Section XI, paragraph IWB-3500). Code Case N-749 
employs EPFM methods (J-integral) and is patterned after the fracture 
methodology and acceptance criteria that currently exist in Section XI, 
paragraph IWB-3730(b), and Section XI, Nonmandatory Appendix K, 
``Assessment of Reactor Vessels with Upper Shelf Charpy Impact Energy 
Levels.'' The Code Case states that the proposed methodology is 
applicable if the metal temperature of the component exceeds the upper 
shelf transition temperature, Tc, which is defined as nil-
ductility reference temperature (RTNDT) plus 
105[emsp14][deg]F. The justification for this, as documented in the 
underlying White Paper, PVP2012-78190, ``Alternative Acceptance 
Criteria for Flaws in Ferritic Steel Components Operating in the Upper 
Shelf Temperature Range,'' is that the ASME Code, Section XI, 
K1c curve will give a (T- RTNDT) value of 
105[emsp14][deg]F at K1c of 200 ksi[radic]inch.
    Defining an upper shelf transition temperature purely based on LEFM 
data is not convincing because it ignores EPFM data and Charpy data and 
their relationship to the LEFM data. The NRC staff performed 
calculations on several randomly selected reactor pressure vessel 
surveillance materials with high upper-shelf energy values and low 
RTNDT values from three plants and found that using 
Tc, as defined in the Code case, is nonconservative because 
at the temperature of RTNDT + 105[emsp14][deg]F, the Charpy 
curves show that most of the materials will not reach their respective 
upper-shelf levels. The NRC staff's condition is based on a 2015 ASME 
Pressure Vessels and Piping Conference paper (PVP2015-45307) by Mark 
Kirk, Gary Stevens, Marjorie Erickson, William Server, and Hal Gustin 
entitled ``Options for Defining the Upper Shelf Transition Temperature 
(Tc) for Ferritic Pressure Vessel Steels,'' where Tc and 
Tc1 are defined as the intersections of specific toughness 
curves of LEFM data and EPFM data as shown in that paper. Using the 
model in the 2015 PVP paper is justified because, in addition to its 
theoretically motivated approach applying the temperature-dependent 
flow behavior of body-centered cubic materials, the model is also 
supported by numerous LEFM data and 809 EPFM data in the upper shelf 
region.
    While the Tc proposed in Code Case N-749 is conservative 
based on the intersection of the mean curves of the two sets of data, 
the NRC believes that actual or bounding properties (on the 
conservative side) should be used instead of mean material properties 
for evaluating flaws detected in a ferritic component using the EPFM 
approach. Further, the NRC's approach considers the temperature range 
for fracture mode transition between LEFM and EPFM. Based on the 
previous discussion, the NRC proposes to impose a condition on the use 
of Code Case N-749 that (1) the two equations for Tc be used 
instead of Tc as proposed in the Code Case for requiring 
EPFM application when temperature is above Tc, and (2) the 
two equations for Tc1 be used for requiring LEFM application 
when temperature is below Tc1. Between Tc1 and 
Tc, while the fracture mode is in transition between LEFM 
and EPFM, users should consider whether or not it is appropriate to 
apply the EPFM method.
    Alternatively, the licensee may use a different Tc value 
if it can be justified by plant-specific Charpy Curves.

[[Page 10788]]

Code Case N-754 [Supplement 6, 2010 Edition]
    Type: New.
    Title: Optimized Structural Dissimilar Metal Weld Overlay for 
Mitigation of PWR Class 1 Items, Section XI, Division 1.
    The NRC proposes to approve Code Case N-754 with three conditions. 
Code Case N-754 provides requirements for installing optimized 
structural weld overlays (OWOL) on the outside surface of ASME Class 1 
heavy-wall, large-diameter piping composed of ferritic, austenitic 
stainless steel, and nickel base alloy materials in PWRs as a 
mitigation measure where no known defect exists or the defect depth is 
limited to 50 percent through wall. The upper 25 percent of the 
original pipe wall thickness is credited as a part of the OWOL design 
in the analyses performed in support of these repairs. The technical 
basis supporting the use of OWOLs is provided in the Electric Power 
Research Institute (EPRI) Materials Reliability Project (MRP) Report 
MRP-169, Revision 1-A entitled, ``Technical Basis for Preemptive Weld 
Overlays for Alloy 82/182 Butt Welds in PWRs.'' By letter dated August 
9, 2010 (ADAMS Accession No. ML101620010), the NRC advised the Nuclear 
Energy Institute (NEI) that the NRC staff found that MRP-169, Revision 
1, as revised by letter dated February 3, 2010, adequately described: 
Methods for the weld overlay design; the supporting analyses of the 
design; the experiments that verified the analyses; and the inspection 
requirements of the dissimilar metal welds to be overlaid.
    The first proposed condition would require that the conditions 
imposed on the use of OWOLs contained in the NRC final safety 
evaluation for MRP-169, Revision 1-A, must be satisfied. Eighteen 
limitations and conditions are described in the final safety evaluation 
addressing issues such as fatigue crack growth rates, piping loads, 
design life of the weld overlay, and reexamination frequencies. The 
imposition of the conditions in the safety evaluation will provide 
reasonable assurance that the structural integrity of pipes repaired 
through the use of weld overlays will be maintained.
    Code Case N-754 references Code Case N-770-2, ``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,'' in order to provide 
ASME requirements for the performance of the preservice and inservice 
examinations of OWOLs, with additional requirements if the ultrasonic 
examination is qualified for axial flaws. The NRC has not yet approved 
Code Case N-770-2 in the regulations. However, the NRC has approved 
Code Case N-770-1 with conditions in Sec.  50.55a(g)(6)(ii)(F). 
Accordingly, the second proposed condition on the use of Code Case N-
754 is that the preservice and inservice inspections of OWOLs must 
satisfy Sec.  50.55a(g)(6)(ii)(F), i.e., meet the provisions of Code 
Case N-770-1.
    The third proposed condition addresses a potential implementation 
issue in Code Case N-754 with respect to the deposition of the first 
layer of weld metal. The second sentence in paragraph 1.2(f)(2) states 
that ``The first layer of weld metal deposited may not be credited 
toward the required thickness, but the presence of this layer shall be 
considered in the design analysis requirements in 2(b).'' The NRC has 
found that among licensees there can be various interpretations of the 
words used in the ASME Code and Code Cases. In this instance, the NRC 
felt the word ``may'' needed to be changed to ``shall'' in the second 
sentence in paragraph 1.2(f)(2) as a condition for use of this Code 
Case. Accordingly, the NRC is proposing a third condition to clarify 
that the first layer shall not be credited toward the required OWOL 
thickness unless the chromium content of the first layer is at least 24 
percent.
Code Case N-778 [Supplement 0, 2010 Edition]
    Type: New.
    Title: Alternative Requirements for Preparation and Submittal of 
Inservice Inspection Plans, Schedules, and Preservice and Inservice 
Summary Reports, Section XI, Division 1.
    The NRC is proposing to approve Code Case N-778 with two 
conditions. Section XI, paragraph IWA-1400(d), in the editions and 
addenda currently used by the operating fleet, require licensees to 
submit plans, schedules, and preservice and ISI summary reports to the 
enforcement and regulatory authorities having jurisdiction at the plant 
site. In licensees' pursuit to decrease burden, they have alluded to 
the resources associated with the requirement to submit the items 
previously listed. Code Case N-778 was developed to provide an 
alternative to the requirements in the BPV Code in that the items 
previously listed would only have to be submitted if specifically 
required by the regulatory and enforcement authorities.
    The NRC reviewed its needs with respect to the submittal of the 
subject plans, schedules, and reports, and determined that it is not 
necessary to require the submittal of plans and schedules as the latest 
up-to-date plans and schedules are available at the plant site and can 
be requested by the NRC at any time. However, the NRC determined that 
summary reports still need to be submitted. Summary reports provide 
valuable information regarding examinations that have been performed, 
conditions noted during the examinations, the corrective actions 
performed, and the status of the implementation of the ISI program. 
Accordingly, the NRC is proposing to conditionally approve Code Case N-
778 to require that licensees continue to submit summary reports in 
accordance with paragraph IWA-6240 of the 2009 Addenda of ASME Section 
XI.
    The two conditions proposed are modeled on the requirements 
currently in paragraph IWA-6240 of the 2009 Addenda, Section XI. The 
requirements in Section XI do not specify when the reports are to be 
submitted to the regulatory authority; rather, the requirements state 
only that the reports shall be completed. The first proposed condition 
would require that the preservice inspection summary report be 
submitted before the date of placement of the unit into commercial 
service. The second proposed condition would require that the inservice 
inspection summary report be submitted within 90 calendar days of the 
completion of each refueling outage. The proposed conditions rely on 
the date of commercial service and the completion of a refueling outage 
to determine when the reports needed to be submitted to the regulatory 
authority.
Code Case N-789 [Supplement 6, 2010 Edition]
    Type: New.
    Title: Alternative Requirements for Pad Reinforcement of Class 2 
and 3 Moderate-Energy Carbon Steel Piping for Raw Water Service, 
Section XI, Division 1.
    The NRC is proposing to approve Code Case N-789 with two 
conditions. For certain types of degradation, the Code Case provides 
requirements for the temporary repair of degraded moderate energy Class 
2 and Class 3 piping systems by external application of welded 
reinforcement pads. The Code Case does not require inservice monitoring 
for the pressure pad. However, the NRC believes that it is unacceptable 
not to monitor the pressure pad because there may be instances where an 
unexpected

[[Page 10789]]

corrosion rate may cause the degraded area in the pipe to expand beyond 
the area that is covered by the pressure pad. This could lead to the 
pipe leaking and may challenge the structural integrity of the repaired 
pipe. Therefore, the NRC is proposing to approve Code Case N-789 with a 
condition to require a monthly visual examination of the installed 
pressure pad for evidence of leakage.
    The NRC is concerned that the corrosion rate specified in paragraph 
3.1(1) of the Code Case may not address certain scenarios. That 
paragraph would allow either a corrosion rate of two times the actual 
measured corrosion rate at the reinforcement pad installation location 
or four times the estimated maximum corrosion rate for the system. To 
ensure that a conservative corrosion rate is used to provide sufficient 
margin, the NRC is proposing a second condition that would require that 
the design of the pressure pad use the higher of the two corrosion 
rates calculated based on the same degradation mechanism as the 
degraded location.
Code Case N-795 [Supplement 3, 2010 Edition]
    Type: New.
    Title: Alternative Requirements for BWR Class 1 System Leakage Test 
Pressure Following Repair/Replacement Activities, Section XI, Division 
1.
    The NRC is proposing to approve Code Case N-795 with two 
conditions. The first condition addresses a prohibition against the 
production of heat through the use of a critical reactor core to raise 
the temperature of the reactor coolant and pressurize the reactor 
coolant pressure boundary (RCPB) (sometimes referred to as nuclear 
heat). The second condition addresses the duration of the hold time 
when testing non-insulated components to allow potential leakage to 
manifest itself during the performance of system leakage tests.
    Code Case N-795 was intended to address concerns that the ASME-
required pressure test for boiling water reactors (BWRs) that places 
the unit in a position of significantly reduced margin, approaching the 
fracture toughness limits defined in the Technical Specification 
Pressure-Temperature (P-T) curves, and does not allow the setpoint to 
approach the 100-percent pressure value. The alternative test provided 
by Code Case N-795 would be performed at slightly reduced pressures and 
normal plant conditions, which the NRC believes will constitute an 
adequate leak examination and would reduce the risk associated with 
abnormal plant conditions and alignments.
    However, the NRC has a long-standing prohibition against the 
production of heat through the use of a critical reactor core to raise 
the temperature of the reactor coolant and pressurize the RCPB. A 
letter dated February 2, 1990, from James M. Taylor, Executive Director 
for Operations, NRC, to Messrs. Nicholas S. Reynolds and Daniel F. 
Stenger, Nuclear Utility Backfitting and Reform Group (ADAMS Accession 
No. ML14273A002), established the NRC position with respect to use of a 
critical reactor core to raise the temperature of the reactor coolant 
and pressurize the RCPB. In summary, the NRC's position is that testing 
under these conditions involves serious impediments to careful and 
complete inspections, and therefore, inherent uncertainty with regard 
to assuring the integrity of the reactor coolant pressure boundary. 
Further, the practice is not consistent with basic defense-in-depth 
safety principles.
    The NRC's position established in 1990 was reaffirmed in 
Information Notice No. 98-13, ``Post-Refueling Outage Reactor Pressure 
Vessel Leakage Testing Before Core Criticality,'' dated April 20, 1998. 
The Information Notice was issued in response to a licensee that had 
conducted an ASME Code, Section XI, leakage test of the reactor 
pressure vessel and subsequently discovered that it had violated 10 CFR 
part 50, appendix G, that pressure and leak testing before the core is 
taken critical. The Information Notice references NRC Inspection Report 
50-254/97-27, (ADAMS Accession No. ML15216A276) which documents that 
licensee personnel performing VT-2 examinations of drywell at one BWR 
plant covered 50 examination areas in 12 minutes, calling into question 
the adequacy of the VT-2 examinations.
    The bases for the NRC's position on the first condition are as 
follows:
    1. Nuclear operation of a plant should not commence before 
completion of system hydrostatic and leakage testing to verify the 
basic integrity of the RCPB, a principal defense-in-depth barrier to 
the accidental release of fission products. In accordance with the 
defense-in-depth safety precept, nuclear power plant design provides 
multiple barriers to the accidental release of fission products from 
the reactor. The RCPB is one of the principal fission product barriers. 
Consistent with this conservative approach to the protection of public 
health and safety, and the critical importance of the RCPB in 
preventing accidental release of fission products, the NRC has always 
maintained the view that verification of the integrity of the RCPB is a 
necessary prerequisite to any nuclear operation of the reactor.
    2. Hydrotesting must be done essentially water solid so that stored 
energy in the reactor coolant is minimized during a hydrotest or 
leaktest.
    3. The elevated reactor coolant temperatures associated with 
critical operation result in a severely uncomfortable and difficult 
working environment in plant spaces where the system leakage 
inspections must be conducted. The greatly increased stored energy in 
the reactor coolant when the reactor is critical increases the hazard 
to personnel and equipment in the event of a leak, and the elevated 
temperatures contribute to increased concerns for personnel safety due 
to burn hazards, even if there is no leakage. As a result, the ability 
for plant workers to perform a comprehensive and careful inspection 
becomes greatly diminished.
    With respect to the second condition and adequate pressure test 
hold time, the technical analysis supporting Code Case N-795 indicates 
that the lower test pressure provides more than 90 percent of the flow 
that would result from the pressure corresponding to 100 percent power. 
However, a reduced pressure means a lower leakage rate so additional 
time is required in order for there to be sufficient leakage to be 
observed by inspection personnel. Section XI, paragraph IWA-5213, 
``Test Condition Holding Time,'' does not require a holding time for 
Class 1 components once test pressure is obtained. To account for the 
reduced pressure, Code Case N-795 would require a 15-minute hold time 
for non-insulated components. The NRC is proposing a one-hour hold time 
for non-insulated components. The NRC does not believe that 15 minutes 
allows for an adequate examination.
    The NRC is interested in receiving stakeholder feedback on the 
first condition of Code Case N-795. What are the impacts of this 
proposed condition on the regulated community? Should the condition be 
modified and, if so, please provide the basis for such modifications.
Code Case N-799 [Supplement 4, 2010 Edition]
    Type: New.
    Title: Dissimilar Metal Welds Joining Vessel Nozzles to Components, 
Section XI, Division 1.
    The NRC proposes to approve Code Case N-799 with six conditions. 
Code Case N-799 is a new Code Case developed to provide examination

[[Page 10790]]

requirements for the steam generator primary nozzle to pump casing 
attachment weld for AP-1000 plants and dissimilar metal welds joining 
vessel nozzles to pumps used in recent reactor designs (e.g., AP-1000, 
Advanced BWR). Nuclear power plant pump casings are typically 
manufactured from cast austenitic stainless steel (CASS) materials. The 
NRC is proposing to condition the Code Case to address the shortcomings 
in the Code Case with respect to requirements for ultrasonic 
examination.
    The CASS is an anisotropic and inhomogeneous material. The 
manufacturing process can result in varied and mixed structures. The 
large size of the anisotropic grains affects the propagation of 
ultrasound by causing severe attenuation, changes in velocity, and 
scattering of ultrasonic energy. Refraction and reflection of the sound 
beam occurs at the grain boundaries which can result in specific 
volumes of material not being examined, or defects being missed or 
mischaracterized. The grain structure of the associated weldments also 
impacts the effectiveness and reliability of the examinations. 
Accordingly, it is paramount that robust examination techniques be 
used.
    Research has been conducted by several domestic and international 
organizations attempting to address the shortcomings associated with 
the use of conventional methods for the inspection of CASS materials. 
The results of a study at Pacific Northwest National Laboratory (PNNL) 
were published in NUREG/CR-6933, ``Assessment of Crack Detection in 
Heavy-Walled Cast Stainless Steel Piping Welds Using Advanced Low-
Frequency Ultrasonic Methods'' (ADAMS Accession No. ML071020409). The 
study demonstrated that additional measures were required to reliably 
detect and characterize flaws in CASS materials and their associated 
weldments.
    Performance demonstration requirements for CASS components and 
associated weldments have not yet been developed by the industry. To 
ensure that effective and reliable examinations are performed, the NRC 
is proposing the following six conditions on the Code Case.
    The first proposed condition addresses the gap between the probe 
and component surface. Industry experience shows that effective 
ultrasonic examinations depend to a great extent on limiting the gap 
between the probe and component surface to less than 0.032-inch. The 
BPV Code does not have any requirements with respect to surface 
smoothness and waviness. It has been demonstrated that reduced coupling 
and probe lift-off on ``rough'' surfaces have the potential to present 
a scattering effect at an interface where an acoustic beam impinges, to 
redirect and mode convert some energy which when returned to the probe 
can be the source of spurious signals, or cause flaws to be mis-
characterized or missed altogether. Accordingly, the first proposed 
condition would require that the scanning surfaces have a gap less than 
0.032-inch beneath the ultrasonic testing probe. Gaps greater than 
0.032-inch must be considered to be unexamined unless it can be 
demonstrated on representative mockups that a Section XI, Appendix 
VIII, Supplement 10, demonstration can be passed.
    The second proposed condition (No. 2a in the draft RG) is that the 
examination requirements of Section XI, Mandatory Appendix I, paragraph 
I-3200(c) must be applied. Code Case N-799 does not contain specific 
requirements regarding examination techniques. Paragraph I-3200(c) 
contains specific requirements that can be applied.
    The third proposed condition (No. 2b in the draft RG) is that the 
examination of the dissimilar metal welds between reactor vessel 
nozzles and components, and between steam generator nozzles and pumps 
must be full volume. As described, the examination of coarse-grained 
materials is problematic due to effects such as sound beam redirection 
and scattering, and therefore robust techniques must be used on the 
full volume to ensure that flaws are detected.
    The fourth proposed condition (No. 2c in the draft RG) is that 
ultrasonic depth and sizing qualifications for CASS components must use 
the ASME Code requirements in Section XI, Appendix VIII, Supplement 10. 
Supplement 10 contains qualification requirements for dissimilar metal 
welds, and the use of these requirements will ensure that robust 
techniques are applied.
    The fifth proposed condition (No. 2d in the draft RG) addresses the 
examination of thick-walled components with wall thicknesses beyond the 
crack detection and sizing capabilities of a through-wall ultrasonic 
performance-based qualification. As previously indicated, ASME Code 
rules have not yet been developed for the performance demonstration for 
CASS components and associated weldments. Accordingly, the fifth 
proposed condition will require the examination's acceptability to be 
based on an ultrasonic examination of the qualified volume and a flaw 
evaluation of the largest hypothetical crack that could exist in the 
volume not qualified for ultrasonic examination.
    The sixth proposed condition (No. 2e in the draft RG) is that 
cracks that are detected but cannot be depth-sized with performance-
based procedures, equipment, and personnel qualifications consistent 
with Section XI, Appendix VIII, shall be repaired or removed.
OM Code Cases (DG-1297/RG 1.192)
Code Case OMN-1, Revision 1 [2012 Edition]
    Type: Revised.
    Title: Alternative Rules for Preservice and Inservice Testing of 
Active Electric Motor-Operated Valve Assemblies in Light-Water Reactor 
Power Plants.
    The proposed conditions on Code Case OMN-1, Revision 1 [2012 
Edition] are identical to the conditions on OMN-1 [2006 Addenda] that 
were approved by the NRC in Revision 1 of RG 1.192 in October 2014. The 
reasons for imposing these conditions are not addressed by Code Case 
OMN-1, Revision 1 [2012 Edition] and, therefore, these conditions would 
be retained in DG-1297/proposed Revision 2 of RG 1.192.
Code Case OMN-3 [2012 Edition]
    Type: Reaffirmed.
    Title: Requirements for Safety Significance Categorization of 
Components Using Risk Insights for Inservice Testing of LWR Power 
Plants.
    The proposed conditions on Code Case OMN-3 [2012 Edition] are 
identical to the conditions on OMN-3 [2004 Edition] that were approved 
by the NRC in Revision 1 of RG 1.192 in October 2014. The reasons for 
imposing these conditions are not addressed by Code Case OMN-3 [2012 
Edition] and, therefore, these conditions would be retained in DG-1297/
proposed Revision 2 of RG 1.192.
Code Case OMN-4 [2012 Edition]
    Type: Reaffirmed.
    Title: Requirements for Risk Insights for Inservice Testing of 
Check Valves at LWR Power Plants.
    The proposed conditions on Code Case OMN-4 [2012 Edition] are 
identical to the conditions on OMN-4 [2004 Edition] that were approved 
by the NRC in Revision 1 of RG 1.192 in October 2014. The reasons for 
imposing these conditions are not addressed by Code Case OMN-4 [2012 
Edition] and, therefore, these conditions would be retained in DG-1297/
proposed Revision 2 of RG 1.192.

[[Page 10791]]

Code Case OMN-9 [2012 Edition]
    Type: Reaffirmed.
    Title: Use of a Pump Curve for Testing.
    The proposed conditions on Code Case OMN-9 [2012 Edition] are 
identical to the conditions on OMN-9 [2004 Edition] that were approved 
by the NRC in Revision 1 of RG 1.192 in October 2014. The reasons for 
imposing these conditions are not addressed by Code Case OMN-9 [2012 
Edition] and, therefore, these conditions would be retained in DG-1297/
proposed Revision 2 of RG 1.192.
Code Case OMN-12 [2012 Edition]
    Type: Reaffirmed.
    Title: Alternative Requirements for Inservice Testing Using Risk 
Insights for Pneumatically and Hydraulically Operated Valve Assemblies 
in Light-Water Reactor Power Plants (OM-Code 1998, Subsection ISTC).
    The proposed conditions on Code Case OMN-12 [2012 Edition] are 
identical to the conditions on OMN-12 [2004 Edition] that were approved 
by the NRC in Revision 1 of RG 1.192 in October 2014. The reasons for 
imposing these conditions are not addressed by Code Case OMN-12 [2012 
Edition] and, therefore, these conditions would be retained in DG-1297/
proposed Revision 2 of RG 1.192.
Code Case OMN-16, Revision 1 [2012 Edition]
    Type: Revised.
    Title: Use of a Pump Curve for Testing.
    Code Case OMN-16, 2006 Addenda, was approved by the NRC in 
Regulatory Guide 1.192, Revision 1. With respect to Code Case OMN-16, 
Revision 1, 2012 Edition, there was an editorial error in the 
publishing of this Code Case and Figure 1 from the original Code Case 
(i.e., Rev. 0, 2006 Addenda) was omitted. Accordingly, the NRC proposes 
to conditionally approve OMN-16, Revision 1, to require that Figure 1 
from the original Code Case be used when implementing OMN-16, Revision 
1.
Code Case OMN-18 [2012 Edition]
    Type: Reaffirmed.
    Title: Alternate Testing Requirements for Pumps Tested Quarterly 
Within 20% of Design Flow.
    The ASME OM Code defines Group A pumps as those pumps that are 
operated continuously or routinely during normal operation, cold 
shutdown, or refueling operations. The OM Code specifies that each 
Group A pump undergo a Group A test quarterly and comprehensive test 
biennially. The OM Code requires that the reference value for a 
comprehensive test to be within 20 percent of pump design flow, while 
the reference value for a Group A test needs to be within 20 percent of 
the pump design flow if practicable. The biennial comprehensive test 
was developed (first appeared in the 1995 Edition of the OM Code) 
because pump performance concerns demonstrated that more stringent 
periodic testing was needed at a flow rate within a more reasonable 
range of the pump design flow rate than typically performed during pump 
inservice testing in the past.
    Currently when performing either the quarterly Group A test or the 
biennial comprehensive pump test, licensees must comply with certain 
limits for the flow Acceptable Range, the flow Required Action Range, 
the differential pressure (or discharge pressure) Acceptable Range, and 
the differential pressure (or discharge pressure) Required Action 
Range. The limits for the quarterly Group A test are obtained by using 
a factor of 1.10 times the flow reference value (Qr) or the 
differential or discharge pressure reference value 
([Delta]Pr or Pr) as applicable to the pump type. 
The limits for the biennial comprehensive pump test are obtained by 
using the factor of 1.03 times Qr or [Delta]Pr 
(or Pr) as applicable to the pump type, providing more 
restrictive test ranges and higher quality data.
    Code Case OMN-18, 2012 Edition, would remove the Code requirement 
to perform biennial comprehensive pump where the quarterly Group A pump 
test is performed within 20 percent of the pump design flow 
rate with instruments having the ability to obtain the accuracies 
required for the comprehensive pump test. The NRC considers the 
performance of a quarterly Group A pump test at flow within 20 percent of the pump design flow rate to satisfy the intent of 
the biennial comprehensive pump test with the exception that the test 
acceptable ranges and required action ranges are less precise than 
required for the comprehensive test. Therefore, the NRC is proposing to 
conditionally approve Code Case OMN-18, 2012 Edition, to specify the 
use of a factor of 1.06 for the Group A test parameters. The NRC 
considers that the factor of 1.06 will provide a reasonable test range 
when applying Code Case OMN-18 to Group A pumps tested quarterly within 
20 percent of the pump design flow rate that is not as 
restrictive as the test ranges specified in the ASME OM Code for the 
comprehensive test. The NRC believes that the quarterly Group A test 
for pumps within 20 percent of the pump design flow rate 
combined with the provisions in the Code Case OMN-18 for the pump 
instrumentation and the conditions in RG 1.192 for the test ranges will 
provide reasonable assurance of the operational readiness of these 
pumps as an acceptable alternative to the comprehensive pump test 
provisions in the ASME OM Code.
Code Case OMN-19 [2012 Edition]
    Type: Reaffirmed.
    Title: Alternative Upper Limit for the Comprehensive Pump Test.
    A requirement for a periodic pump verification test was added in 
Mandatory Appendix V, ``Pump Periodic Verification Test Program,'' to 
the 2012 Edition of the OM Code. The mandatory appendix is based on the 
determination by the ASME that a pump periodic verification test is 
needed to verify that a pump can meet the required (differential or 
discharge) pressure as applicable, at its highest design basis accident 
flow rate. Code Case OMN-19, 2012 Edition, would allow an applicant or 
licensee to use a multiplier of 1.06 times the reference value in lieu 
of the 1.03 multiplier for the comprehensive pump test's upper 
``Acceptable Range'' criteria and ``Required Action Range, High'' 
criteria reference in the ISTB test acceptance criteria tables. The NRC 
is concerned that Code Case OMN-19 does not address the periodic pump 
verification test. Therefore, the NRC proposes to approve Code Case 
OMN-19, 2012 Edition, with the condition that the provisions in 
paragraph ISTB-1400 and Mandatory Appendix V be applied when 
implementing the Code Case.

C. ASME Code Cases Not Approved for Use (DG-1298/RG 1.193)

    The ASME Code Cases that are currently issued by the ASME but not 
approved for generic use by the NRC are listed in RG 1.193, ``ASME Code 
Cases not Approved for Use.'' In addition to ASME Code Cases that the 
NRC has found to be technically or programmatically unacceptable, RG 
1.193 includes Code Cases on reactor designs for high-temperature gas-
cooled reactors and liquid metal reactors, reactor designs not 
currently licensed by the NRC, and certain requirements in Section III, 
Division 2, for submerged spent fuel waste casks, that are not endorsed 
by the NRC. Regulatory Guide 1.193 complements RGs 1.84, 1.147, and 
1.192. It should be noted that the NRC is not proposing to adopt any of 
the Code Cases listed in RG 1.193. Comments have been submitted in the 
past, however, on certain Code Cases listed in RG 1.193 where the 
commenter believed that additional technical information was available 
that might not

[[Page 10792]]

have been considered by the NRC in its determination not to approve the 
use of these Code Cases. While the NRC will consider those comments, 
NRC is not requesting comment on RG 1.193 at this time. Any changes in 
the NRC's non-approval of such Code Cases will be the subject of an 
additional opportunity for public comment.

IV. Section-by-Section Analysis

    The following paragraphs in Sec.  50.55a, which list the three RGs 
that would be incorporated by reference, would be revised as follows:
    Paragraphs (a)(3)(i): The reference to ``NRC Regulatory Guide 1.84, 
Revision 36,'' would be amended to remove ``Revision 36'' and add in 
its place ``Revision 37.''
    Paragraphs (a)(3)(ii): The reference to ``NRC Regulatory Guide 
1.147, Revision 17,'' would be amended to remove ``Revision 17'' and 
add in its place ``Revision 18.''
    Paragraphs (a)(3)(iii): The reference to ``NRC Regulatory Guide 
1.192, Revision 1,'' would be amended to remove ``Revision 1'' and add 
in its place ``Revision 2.''
    Cross-references to the aforementioned Regulatory Guides, which are 
listed within Sec.  50.55a, are being revised in a proposed rule 
entitled, ``Incorporation by Reference of American Society of 
Mechanical Engineers Codes and Code Cases'' (RIN 3150-AI97; NRC-2011-
0088); anticipated to become effective before this rule, if enacted.
    This proposed administrative change would simplify cross-
referencing the Regulatory Guides incorporated by reference in Sec.  
50.55a.

Overall Considerations on the Use of ASME Code Cases

    This rulemaking would amend Sec.  50.55a to incorporate by 
reference RG 1.84, Revision 37, which would supersede Revision 36; RG 
1.147, Revision 18, which would supersede Revision 17; and RG 1.192, 
Revision 2, which would supersede Revision 1. The following general 
guidance applies to the use of the ASME Code Cases approved in the 
latest versions of the RGs that are incorporated by reference into 
Sec.  50.55a as part of this rulemaking.
    The approval of a Code Case in the NRC RGs constitutes acceptance 
of its technical position for applications that are not precluded by 
regulatory or other requirements or by the recommendations in these or 
other RGs. The applicant and/or licensee are responsible for ensuring 
that use of the Code Case does not conflict with regulatory 
requirements or licensee commitments. The Code Cases listed in the RGs 
are acceptable for use within the limits specified in the Code Cases. 
If the RG states an NRC condition on the use of a Code Case, then the 
NRC condition supplements and does not supersede any condition(s) 
specified in the Code Case, unless otherwise stated in the NRC 
condition.
    The ASME Code Cases may be revised for many reasons (e.g., to 
incorporate operational examination and testing experience and to 
update material requirements based on research results). On occasion, 
an inaccuracy in an equation is discovered or an examination, as 
practiced, is found not to be adequate to detect a newly discovered 
degradation mechanism. Hence, when an applicant or a licensee initially 
implements a Code Case, Sec.  50.55a requires that the applicant or the 
licensee implement the most recent version of that Code Case as listed 
in the RGs incorporated by reference. Code Cases superseded by revision 
are no longer acceptable for new applications unless otherwise 
indicated.
    Section III of the ASME BPV Code applies only to new construction 
(i.e., the edition and addenda to be used in the construction of a 
plant are selected based on the date of the construction permit and are 
not changed thereafter, except voluntarily by the applicant or the 
licensee). Hence, if a Section III Code Case is implemented by an 
applicant or a licensee and a later version of the Code Case is 
incorporated by reference into Sec.  50.55a and listed in the RGs, the 
applicant or the licensee may use either version of the Code Case 
(subject, however, to whatever change requirements apply to its 
licensing basis (e.g., Sec.  50.59)).
    A licensee's ISI and IST programs must be updated every 10 years to 
the latest edition and addenda of Section XI and the OM Code, 
respectively, that were incorporated by reference into Sec.  50.55a and 
in effect 12 months prior to the start of the next inspection and 
testing interval. Licensees who were using a Code Case prior to the 
effective date of its revision may continue to use the previous version 
for the remainder of the 120-month ISI or IST interval. This relieves 
licensees of the burden of having to update their ISI or IST program 
each time a Code Case is revised by the ASME and approved for use by 
the NRC. Code Cases apply to specific editions and addenda, and Code 
Cases may be revised if they are no longer accurate or adequate, so 
licensees choosing to continue using a Code Case during the subsequent 
ISI or IST interval must implement the latest version incorporated by 
reference into Sec.  50.55a and listed in the RGs.
    The ASME may annul Code Cases that are no longer required, are 
determined to be inaccurate or inadequate, or have been incorporated 
into the BPV or OM Codes. If an applicant or a licensee applied a Code 
Case before it was listed as annulled, the applicant or the licensee 
may continue to use the Code Case until the applicant or the licensee 
updates its construction Code of Record (in the case of an applicant, 
updates its application) or until the licensee's 120-month ISI or IST 
update interval expires, after which the continued use of the Code Case 
is prohibited unless NRC authorization is given under Sec.  50.55a(z). 
If a Code Case is incorporated by reference into Sec.  50.55a and later 
annulled by the ASME because experience has shown that the design 
analysis, construction method, examination method, or testing method is 
inadequate, the NRC will amend Sec.  50.55a and the relevant RG to 
remove the approval of the annulled Code Case. Applicants and licensees 
should not begin to implement such annulled Code Cases in advance of 
the rulemaking.
    A Code Case may be revised, for example, to incorporate user 
experience. The older or superseded version of the Code Case cannot be 
applied by the licensee or applicant for the first time.
    If an applicant or a licensee applied a Code Case before it was 
listed as superseded, the applicant or the licensee may continue to use 
the Code Case until the applicant or the licensee updates its 
construction Code of Record (in the case of an applicant, updates its 
application) or until the licensee's 120-month ISI or IST update 
interval expires, after which the continued use of the Code Case is 
prohibited unless NRC authorization is given under Sec.  50.55a(z). If 
a Code Case is incorporated by reference into Sec.  50.55a and later a 
revised version is issued by the ASME because experience has shown that 
the design analysis, construction method, examination method, or 
testing method is inadequate; the NRC will amend Sec.  50.55a and the 
relevant RG to remove the approval of the superseded Code Case. 
Applicants and licensees should not begin to implement such superseded 
Code Cases in advance of the rulemaking.

V. Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 
605(b), the Commission certifies that this rule, if adopted, will not 
have a significant economic impact on a substantial number of small 
entities. This proposed

[[Page 10793]]

rule affects only the licensing and operation of nuclear power plants. 
The companies that own these plants do not fall within the scope of the 
definition of ``small entities'' set forth in the Regulatory 
Flexibility Act or the size standards established by the NRC (10 CFR 
2.810).

VI. Regulatory Analysis

    The ASME Code Cases listed in the RGs to be incorporated by 
reference provide voluntary alternatives to the provisions in the ASME 
BPV and OM Codes for design, construction, ISI, and IST of specific 
structures, systems, and components used in nuclear power plants. 
Implementation of these Code Cases is not required. Licensees and 
applicants use NRC-approved ASME Code Cases to reduce unnecessary 
regulatory burden or gain additional operational flexibility. It would 
be difficult for the NRC to provide these advantages independently of 
the ASME Code Case publication process without expending considerable 
additional resources.
    The NRC has prepared a draft regulatory analysis addressing the 
quantitative and qualitative benefits of the alternatives considered in 
this proposed rulemaking and comparing the costs associated with each 
alternative. The draft regulatory analysis can be found in ADAMS under 
accession No. ML15041A816 and at www.regulations.gov under Docket ID 
NRC-2012-0059. The NRC invites public comment on this draft regulatory 
analysis.
    In addition to the general opportunity to submit comments on the 
proposed rule, the NRC also requests comments on the NRC's cost and 
benefit estimates as shown in the draft regulatory analysis.

VII. Backfitting and Issue Finality

    The provisions in this proposed rule would allow licensees and 
applicants to voluntarily apply NRC-approved Code Cases, sometimes with 
NRC-specified conditions. The approved Code Cases are listed in three 
RGs that are proposed to be incorporated by reference into Sec.  
50.55a.
    An applicant's or a licensee's voluntary application of an approved 
Code Case does not constitute backfitting, inasmuch as there is no 
imposition of a new requirement or new position. Similarly, voluntary 
application of an approved Code Case by a 10 CFR part 52 applicant or 
licensee does not represent NRC imposition of a requirement or action, 
which is inconsistent with any issue finality provision in 10 CFR part 
52. For these reasons, the NRC finds that this proposed rule does not 
involve any provisions requiring the preparation of a backfit analysis 
or documentation demonstrating that one or more of the issue finality 
criteria in 10 CFR part 52 are met.

VIII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883). The NRC requests comment on this document with respect to the 
clarity and effectiveness of the language used.

IX. Incorporation by Reference--Reasonable Availability to Interested 
Parties

    The NRC proposes to incorporate by reference three NRC Regulatory 
Guides that list new and revised ASME Code Cases that NRC has approved 
as alternatives to certain provisions of NRC-required Editions and 
Addenda of the ASME BPV Code and the ASME OM Code. The draft regulatory 
guides DG-1295, DG-1296, and DG-1297 will correspond to final 
Regulatory Guide (RG) 1.84, Revision 37; RG 1.147, Revision 18; and RG 
1.192, Revision 2, respectively.
    The NRC is required by law to obtain approval for incorporation by 
reference from the Office of the Federal Register (OFR). The OFR's 
requirements for incorporation by reference are set forth in 1 CFR part 
51. On November 7, 2014, the OFR adopted changes to its regulations 
governing incorporation by reference (79 FR 66267). The OFR regulations 
require an agency to include in a proposed rule a discussion of the 
ways that the materials the agency proposes to incorporate by reference 
are reasonably available to interested parties or how it worked to make 
those materials reasonably available to interested parties. The 
discussion in this section complies with the requirement for proposed 
rules as set forth in 1 CFR 51.5(a)(1).
    The NRC considers ``interested parties'' to include all potential 
NRC stakeholders, not only the individuals and entities regulated or 
otherwise subject to the NRC's regulatory oversight. These NRC 
stakeholders are not a homogenous group, so the considerations for 
determining ``reasonable availability'' vary by class of interested 
parties. The NRC identifies six classes of interested parties with 
regard to the material to be incorporated by reference in an NRC rule:
     Individuals and small entities regulated or otherwise 
subject to the NRC's regulatory oversight. This class includes 
applicants and potential applicants for licenses and other NRC 
regulatory approvals, and who are subject to the material to be 
incorporated by reference. In this context, ``small entities'' has the 
same meaning as set out in Sec.  2.810.
     Large entities otherwise subject to the NRC's regulatory 
oversight. This class includes applicants and potential applicants for 
licenses and other NRC regulatory approvals, and who are subject to the 
material to be incorporated by reference. In this context, a ``large 
entity'' is one which does not qualify as a ``small entity'' under 
Sec.  2.810.
     Non-governmental organizations with institutional 
interests in the matters regulated by the NRC.
     Other Federal agencies, states, local governmental bodies 
(within the meaning of Sec.  2.315(c)).
     Federally-recognized and State-recognized Indian tribes.
     Members of the general public (i.e., individual, 
unaffiliated members of the public who are not regulated or otherwise 
subject to the NRC's regulatory oversight) and who need access to the 
materials that the NRC proposes to incorporate by reference in order to 
participate in the rulemaking.
    The three draft regulatory guides that the NRC proposes to 
incorporate by reference in this proposed rule, are available without 
cost and can be read online, downloaded, or viewed, by appointment, at 
the NRC Technical Library, which is located at Two White Flint North, 
11545 Rockville Pike, Rockville, Maryland 20852; telephone: 301-415-
7000; email: [email protected]. The final regulatory guides, if 
approved by the OFR for incorporation by reference, will also be 
available for inspection at the OFR, as described in Sec.  50.55a(a).
    Because access to the three draft regulatory guides, and 
eventually, the final regulatory guides, are available in various forms 
and no cost, the NRC determines that the three draft regulatory guides, 
DG-1295, DG-1296, and DG-1297, and final regulatory guides 1.84, 
Revision 37; RG 1.147, Revision 18; and RG 1.192, Revision 2, once 
approved by the OFR for incorporation by reference, are reasonably 
available to all interested parties.

[[Page 10794]]

X. Environmental Assessment and Proposed Finding of No Significant 
Environmental Impact

    The Commission has determined under the National Environmental 
Policy Act (NEPA) of 1969, as amended, and the Commission's regulations 
in subpart A of 10 CFR part 51, that this rule, if adopted, would not 
be a major Federal action significantly affecting the quality of the 
human environment; therefore, an environmental impact statement is not 
required.
    The determination of this environmental assessment is that there 
will be no significant effect on the quality of the human environment 
from this action. Interested parties should note, however, that 
comments on any aspect of this environmental assessment may be 
submitted to the NRC as indicated under the ADDRESSES section.
    As alternatives to the ASME Code, NRC-approved Code Cases provide 
an equivalent level of safety. Therefore, the probability or 
consequences of accidents is not changed. There are also no 
significant, non-radiological impacts associated with this action 
because no changes would be made affecting non-radiological plant 
effluents and because no changes would be made in activities that would 
adversely affect the environment. The determination of this 
environmental assessment is that there will be no significant offsite 
impact to the public from this action.

XI. Paperwork Reduction Act Statement

    This proposed rule contains new or amended information collection 
requirements that are subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). This proposed rule has been submitted to the 
Office of Management and Budget (OMB) for approval of the information 
collection requirements.
    Type of submission, new or revision: Revision.
    The title of the information collection: Domestic Licensing of 
Production and Utilization.
    Facilities: Updates to Incorporation by Reference and Regulatory 
Guides.
    The form number if applicable: Not applicable.
    How often the collection is required: On occasion.
    Who will be required or asked to report: Operating power reactor 
licensees and applicants for power reactors under construction.
    An estimate of the number of annual responses: -38.
    The estimated number of annual respondents: 38.
    An estimate of the total number of hours needed annually to 
complete the requirement or request: -14,440 hours (reduction of 
reporting hours.)
    Abstract: This proposed rule is the latest in a series of 
rulemakings that incorporate by reference the latest versions of 
several Regulatory Guides identifying new and revised unconditionally 
or conditionally acceptable ASME Code Cases that are approved for use. 
The incorporation by reference of these Code Cases will reduce the 
number of alternative requests submitted by licensees under Sec.  
50.55a(z) by an estimated 38 requests annually.
    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 the burden of the proposed information 
collection 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 proposed information collection on 
respondents be minimized, including the use of automated collection 
techniques or other forms of information technology?
    A copy of the OMB clearance package and proposed rule is available 
in ADAMS under Accession No. ML15041A817 or may be viewed free of 
charge at the NRC's PDR, One White Flint North, 11555 Rockville Pike, 
Room O-1 F21, Rockville, MD 20852. You may obtain information and 
comment submissions related to the OMB clearance package by searching 
on http://www.regulations.gov under Docket ID NRC-2012-0059.
    You may submit comments on any aspect of these proposed information 
collections, including suggestions for reducing the burden and on the 
four issues, by the following methods:
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0059.
     Mail comments to: FOIA, Privacy, and Information 
Collections Branch, Office of Information Services, Mail Stop: T-5 F53, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 or to 
Vlad Dorjets, Desk Officer, Office of Information and Regulatory 
Affairs (3150-0011), NEOB-10202, Office of Management and Budget, 
Washington, DC 20503; telephone: 202-395-7315, email: 
[email protected].
    Submit comments by April 1, 2016. Comments received after this date 
will be considered if it is practical to do so, but the NRC staff is 
able to ensure consideration only for comments received on or before 
this date.

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 
requirement unless the requesting document displays a currently valid 
OMB control number.

XII. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless using such a standard is inconsistent with 
applicable law or is otherwise impractical. In this proposed rule, the 
NRC is continuing to use ASME BPV and OM Code Cases, which are ASME-
approved alternatives to compliance with various provisions of the ASME 
BPV and OM Codes. The NRC's approval of the ASME Code Cases is 
accomplished by amending the NRC's regulations to incorporate by 
reference the latest revisions of the following, which are the subject 
of this rulemaking, into Sec.  50.55a: RG 1.84, Revision 37; RG 1.147, 
Revision 18; and RG 1.192, Revision 2. These RGs list the ASME Code 
Cases that the NRC has approved for use. The ASME Code Cases are 
national consensus standards as defined in the National Technology 
Transfer and Advancement Act of 1995 and OMB Circular A-119. The ASME 
Code Cases constitute voluntary consensus standards, in which all 
interested parties (including the NRC and licensees of nuclear power 
plants) participate. The NRC invites comment on the applicability and 
use of other standards.

XIII. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

[[Page 10795]]



                 Table III--Rulemaking Related Documents
------------------------------------------------------------------------
                                                  ADAMS Accession No./
                Document title                      Federal Register
                                                   citation/web link
------------------------------------------------------------------------
Federal Register Document--``Incorporation by  80 FR 56820.
 Reference of American Society of Mechanical
 Engineers Codes and Code Cases,'' September
 18, 2015.
Federal Register Document--``Incorporation by  68 FR 40469.
 Reference of ASME BPV and OM Code Cases,''
 July 8, 2003.
Federal Register Document--``Fracture          60 FR 65456.
 Toughness Requirements for Light Water
 Reactor Pressure Vessels,'' December 19,
 1995.
Information Notice No. 98-13, ``Post-          ML031050237.
 Refueling Outage Reactor Pressure Vessel
 Leakage Testing Before Core Criticality,
 April 20, 1998.
Inspection Report 50-254/97-27...............  ML15216A276.
Letter from James M. Taylor, Executive         ML14273A002.
 Director for Operations, NRC, to Messrs.
 Nicholas S. Reynolds and Daniel F. Stenger,
 Nuclear Utility Backfitting and Reform
 Group, February 2, 1990.
Materials Reliability Project Report MRP-169   ML101620010.
 Technical Basis for Preemptive Weld Overlays
 for Alloy 82/182 Butt Welds in PWRs, EPRI,
 Palo Alto, CA: 2012. 1025295.
NUREG/CR-6933, ``Assessment of Crack           ML071020409.
 Detection in Heavy-Walled Cast Stainless
 Steel Piping Welds Using Advanced Low-
 Frequency Ultrasonic Methods''.
Proposed Rule--Federal Register Document.....  ML15041A813.
Proposed Rule--Regulatory Analysis...........  ML15041A816.
RG 1.193, ``ASME Code Cases Not Approved for   ML15028A003.
 Use,'' Revision 5. (DG-1298).
White Paper, PVP2012-78190, ``Alternative      http://
 Acceptance Criteria for Flaws in Ferritic      proceedings.asmedigitalc
 Steel Components Operating in the Upper        ollection.asme.org/
 Shelf Temperature Range,'' 2012.               proceeding.aspx?articlei
                                                d=1723450.
White Paper PVP 2015-45307, ``Options for      http://
 Defining the Upper Shelf Transition            proceedings.asmedigitalc
 Temperature (Tc) for Ferritic Pressure         ollection.asme.org/solr/
 Vessel Steels,'' 2015.                         searchresults.aspx?q=Opt
                                                ions%20for%20Defining%20
                                                the%20Upper%20Shelf%20Tr
                                                ansition%20Temperature%2
                                                0(Tc)%20for%20Ferritic%2
                                                0Pressure%20Vessel%.
------------------------------------------------------------------------

Documents Proposed To Be Incorporated by Reference

    You may submit comments on the draft regulatory guidance by the 
methods described in the ADDRESSES section of this document.

    Table IV--Draft Regulatory Guides Proposed To Be Incorporated by
                       Reference in 10 CFR 50.55a
------------------------------------------------------------------------
             Document title                    ADAMS  Accession No.
------------------------------------------------------------------------
RG 1.84, ``Design, Fabrication, and      ML15027A002.
 Materials Code Case Acceptability,
 ASME Section III,'' Revision 37. (DG-
 1295).
RG 1.147, ``Inservice Inspection Code    ML15027A202.
 Case Acceptability, ASME Section XI,
 Division 1,'' Revision 18. (DG-1296).
RG 1.192, ``Operation and Maintenance    ML15027A330.
 Code Case Acceptability, ASME OM
 Code,'' Revision 2. (DG-1297).
------------------------------------------------------------------------

    Throughout the development of this rule, the NRC may post documents 
related to this rule, including public comments, on the Federal 
rulemaking Web site at: http://www.regulations.gov under Docket ID NRC-
2012-0059. The Federal rulemaking Web site allows you to receive alerts 
when changes or additions occur in a docket folder. To subscribe: (1) 
Navigate to the docket folder (NRC-2012-0059); (2) click the ``Sign up 
for Email Alerts'' link; and (3) enter your email address and select 
how frequently you would like to receive emails (daily, weekly, or 
monthly).

Code Cases for Approval in This Proposed Rulemaking

    The ASME BPV Code Cases: Nuclear Components that the NRC is 
proposing to approve as alternatives to certain provisions of the ASME 
BPV Code, as set forth in TABLE V, are being made available by the ASME 
for read-only access during the public comment period at the ASME Web 
site http://go.asme.org/NRC.
    The ASME OM Code Cases that the NRC is proposing to approve as 
alternatives to certain provisions of the ASME OM Code, as set forth in 
TABLE V, are being made available for read-only access during the 
public comment period by the ASME at the Web site http://go.asme.org/NRC.
    The ASME is making the Code Cases listed in TABLE V available for 
limited, read-only access at the request of the NRC. The NRC believes 
that stakeholders need to be able to read these Code Cases in order to 
provide meaningful comment on the three regulatory guides that the NRC 
is proposing to incorporate by reference into Sec.  50.55a. It is the 
NRC's position that the listed Code Cases, as modified by any 
conditions contained in the three RGs and therefore serving as 
alternatives to requirements in Sec.  50.55a, are legally-binding 
regulatory requirements. The listed Code Case and any conditions must 
be complied with if the applicant or licensee is to be within the scope 
of the NRC's approval of the Code Case as a voluntary alternative for 
use. These requirements cannot be fully understood without knowledge of 
the Code Case to which the proposed condition applies, and to this end, 
the NRC has requested that ASME provide limited, read-only access to 
the Code Cases in order to facilitate meaningful public comment.

[[Page 10796]]



           Table V--ASME Code Cases Proposed for NRC Approval
------------------------------------------------------------------------
         Code Case No.              Supplement             Title
------------------------------------------------------------------------
               Boiler and Pressure Vessel Code Section III
------------------------------------------------------------------------
N-284-3.......................  7 (10 Edition)...  Metal Containment
                                                    Shell Buckling
                                                    Design Methods,
                                                    Class MC, TC, and SC
                                                    Construction,
                                                    Section III,
                                                    Divisions 1 and 3.
N-500-4.......................  8 (10 Edition)...  Alternative Rules for
                                                    Standard Supports
                                                    for Classes 1, 2, 3,
                                                    and MC, Section III,
                                                    Division 1.
N-520-5.......................  10 (10 Edition)..  Alternative Rules for
                                                    Renewal of Active or
                                                    Expired N-type
                                                    Certificates for
                                                    Plants Not in Active
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-594-1.......................  8 (10 Edition)...  Repairs to P-4 and P-
                                                    5A Castings without
                                                    Postweld Heat
                                                    Treatment Class 1,
                                                    2, and 3
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-637-1.......................  3 (10 Edition)...  Use of 44Fe-25Ni-21Cr-
                                                    Mo (Alloy UNS
                                                    N08904) Plate, Bar,
                                                    Fittings, Welded
                                                    Pipe, and Welded
                                                    Tube, Classes 2 and
                                                    3, Section III,
                                                    Division 1.
N-655-2.......................  4 (10 Edition)...  Use of SA-738, Grade
                                                    B, for Metal
                                                    Containment Vessels,
                                                    Class MC, Section
                                                    III, Division 1.
N-763.........................  2 (10 Edition)...  ASTM A 709-06, Grade
                                                    HPS 70W (HPS 485W)
                                                    Plate Material
                                                    Without Postweld
                                                    Heat Treatment as
                                                    Containment Liner
                                                    Material or
                                                    Structural
                                                    Attachments to the
                                                    Containment Liner,
                                                    Section III,
                                                    Division 2.
N-777.........................  4 (10 Edition)...  Calibration of Cv
                                                    Impact Test
                                                    Machines, Section
                                                    III, Divisions 1, 2,
                                                    and 3.
N-785.........................  11 (07 Edition)..  Use of SA-479/SA-
                                                    479M, UNS S41500 for
                                                    Class 1 Welded
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-811.........................  7 (10 Edition)...  Alternative
                                                    Qualification
                                                    Requirements for
                                                    Concrete Level III
                                                    Inspection
                                                    Personnel, Section
                                                    III, Division 2.
N-815.........................  8 (10 Edition)...  Use of SA-358/SA-358M
                                                    Grades Fabricated as
                                                    Class 3 or Class 4
                                                    Welded Pipe, Class
                                                    CS Core Support
                                                    Construction,
                                                    Section III,
                                                    Division 1.
N-816.........................  8 (10 Edition)...  Use of Temper Bead
                                                    Weld Repair Rules
                                                    Adopted in 2010
                                                    Edition and Earlier
                                                    Editions, Section
                                                    III, Division 1.
N-817.........................  8 (10 Edition)...  Use of Die Forgings,
                                                    SB-247, UNS A96061
                                                    Class T6, With
                                                    Thickness <= 4.000
                                                    in. Material, Class
                                                    2 Construction (1992
                                                    Edition or Later),
                                                    Section III,
                                                    Division 1.
N-819.........................  8 (10 Edition)...  Use of Die Forgings,
                                                    SB-247, UNS A96061
                                                    Class T6, With
                                                    Thickness <= 4.000
                                                    in. Material, Class
                                                    2 Construction (1989
                                                    Edition with the
                                                    1991 Addenda or
                                                    Earlier), Section
                                                    III, Division 1.
N-822.........................  8 (10 Edition)...  Application of the
                                                    ASME Certification
                                                    Mark, Section III,
                                                    Divisions 1, 2, 3,
                                                    and 5.
------------------------------------------------------------------------
               Boiler and Pressure Vessel Code Section XI
------------------------------------------------------------------------
N-552-1.......................  10 (10 Edition)..  Alternative Methods--
                                                    Qualification for
                                                    Nozzle Inside Radius
                                                    Section from the
                                                    Outside Surface,
                                                    Section XI, Division
                                                    1.
N-576-2.......................  9 (10 Edition)...  Repair of Class 1 and
                                                    2 SB-163, UNS N06600
                                                    Steam Generator
                                                    Tubing, Section XI,
                                                    Division 1.
N-593-2.......................  8 (10 Edition)...  Examination
                                                    Requirements for
                                                    Steam Generator
                                                    Nozzle[dash]to-
                                                    Vessel Welds,
                                                    Section XI, Division
                                                    1.
N-609-1.......................  3 (10 Edition)...  Alternative
                                                    Requirements to
                                                    Stress-Based
                                                    Selection Criteria
                                                    for Category B-J
                                                    Welds, Section XI,
                                                    Division 1.
N-613-2.......................  4 (10 Edition)...  Ultrasonic
                                                    Examination of Full
                                                    Penetration Nozzles
                                                    in Vessels,
                                                    Examination Category
                                                    B-D, Reactor
                                                    Nozzle[dash]To[dash]
                                                    Vessel Welds, and
                                                    Nozzle Inside Radius
                                                    Section Figs. IWB-
                                                    2500-7(a), (b), (c),
                                                    and (d), Section XI,
                                                    Division 1.
N-638-6.......................  6 (10 Edition)...  Similar and
                                                    Dissimilar Metal
                                                    Welding Using
                                                    Ambient Temperature
                                                    Machine GTAW Temper
                                                    Bead Technique,
                                                    Section XI, Division
                                                    1.
N-652-2.......................  9 (10 Edition)...  Alternative
                                                    Requirements to
                                                    Categorize B-G-1, B-
                                                    G-2, and C-D Bolting
                                                    Examination Methods
                                                    and Selection
                                                    Criteria, Section
                                                    XI, Division 1.
N-653-1.......................  9 (10 Edition)...  Qualification
                                                    Requirements for
                                                    Full Structural
                                                    Overlaid Wrought
                                                    Austenitic Piping
                                                    Welds, Section XI,
                                                    Division 1.
N-662-1.......................  6 (10 Edition)...  Alternative Repair/
                                                    Replacement
                                                    Requirements for
                                                    Items Classified in
                                                    Accordance with Risk-
                                                    Informed Processes,
                                                    Section XI, Division
                                                    1.
N-666-1.......................  9 (10 Edition)...  Weld Overlay of
                                                    Classes 1, 2, and 3
                                                    Socket Welded
                                                    Connections, Section
                                                    XI, Division 1.
N-694-2 \7\...................  1 (13 Edition)...  Evaluation Procedure
                                                    and Acceptance
                                                    Criteria for
                                                    [pressurized water
                                                    reactors] (PWR)
                                                    Reactor Vessel Head
                                                    Penetration Nozzles,
                                                    Section XI, Division
                                                    1.
N-730-1.......................  10 (10 Edition)..  Roll Expansion of
                                                    Class 1 Control Rod
                                                    Drive Bottom Head
                                                    Penetrations in
                                                    BWRs, Section XI,
                                                    Division 1.
N-749.........................  9 (10 Edition)...  Alternative
                                                    Acceptance Criteria
                                                    for Flaws in
                                                    Ferritic Steel
                                                    Components Operating
                                                    in the Upper Shelf
                                                    Temperature Range,
                                                    Section XI, Division
                                                    1.

[[Page 10797]]

 
N-754.........................  6 (10 Edition)...  Optimized Structural
                                                    Dissimilar Metal
                                                    Weld Overlay for
                                                    Mitigation of PWR
                                                    Class 1 Items,
                                                    Section XI, Division
                                                    1.
N-769-2.......................  10 (10 Edition)..  Roll Expansion of
                                                    Class 1 In[dash]Core
                                                    Housing Bottom Head
                                                    Penetrations in
                                                    BWRs, Section XI,
                                                    Division 1.
N-771.........................  7 (10 Edition)...  Alternative
                                                    Requirements for
                                                    Additional
                                                    Examinations of
                                                    Class 2 or 3 Items,
                                                    Section XI, Division
                                                    1.
N-775.........................  2 (10 Edition)...  Alternative
                                                    Requirements for
                                                    Bolting Affected by
                                                    Borated Water
                                                    Leakage, Section XI,
                                                    Division 1.
N-776.........................  1 (10 Edition)...  Alternative to IWA-
                                                    5244 Requirements
                                                    for Buried Piping,
                                                    Section XI, Division
                                                    1.
N-778.........................  6 (10 Edition)...  Alternative
                                                    Requirements for
                                                    Preparation and
                                                    Submittal of
                                                    Inservice Inspection
                                                    Plans, Schedules,
                                                    and Preservice and
                                                    Inservice Summary
                                                    Reports, Section XI,
                                                    Division 1.
N-786.........................  5 (10 Edition)...  Alternative
                                                    Requirements for
                                                    Sleeve Reinforcement
                                                    of Class 2 and 3
                                                    Moderate-Energy
                                                    Carbon Steel Piping,
                                                    Section XI, Division
                                                    1.
N-789.........................  6 (10 Edition)...  Alternative
                                                    Requirements for Pad
                                                    Reinforcement of
                                                    Class 2 and 3
                                                    Moderate Energy
                                                    Carbon Steel Piping
                                                    for Raw Water
                                                    Service, Section XI,
                                                    Division 1.
N-795.........................  3 (10 Edition)...  Alternative
                                                    Requirements for BWR
                                                    Class 1 System
                                                    Leakage Test
                                                    Pressure Following
                                                    Repair/Replacement
                                                    Activities, Section
                                                    XI, Division 1.
N-798.........................  4 (10 Edition)...  Alternative Pressure
                                                    Testing Requirements
                                                    for Class 1 Piping
                                                    Between the First
                                                    and Second Vent,
                                                    Drain, and Test
                                                    Isolation Devices,
                                                    Section XI, Division
                                                    1.
N-799.........................  4 (10 Edition)...  Dissimilar Metal
                                                    Welds Joining Vessel
                                                    Nozzles to
                                                    Components, Section
                                                    XI, Division 1.
N-800.........................  4 (10 Edition)...  Alternative Pressure
                                                    Testing Requirements
                                                    for Class 1 Piping
                                                    Between the First
                                                    and Second Injection
                                                    Valves, Section XI,
                                                    Division 1.
N-803.........................  5 (10 Edition)...  Similar and
                                                    Dissimilar Metal
                                                    Welding Using
                                                    Ambient Temperature
                                                    Automatic or Machine
                                                    Dry Underwater Laser
                                                    Beam Welding (ULBW)
                                                    Temper Bead
                                                    Technique, Section
                                                    XI, Division 1.
N-805.........................  6 (10 Edition)...  Alternative to Class
                                                    1 Extended Boundary
                                                    End of Interval or
                                                    Class 2 System
                                                    Leakage Testing of
                                                    the Reactor Vessel
                                                    Head Flange O-Ring
                                                    Leak-Detection
                                                    System, Section XI,
                                                    Division 1.
N-823.........................  9 (10 Edition)...  Visual Examination,
                                                    Section XI, Division
                                                    1.
N-825 \8\.....................  3 (13 Edition)...  Alternative
                                                    Requirements for
                                                    Examination of
                                                    Control Rod Drive
                                                    Housing Welds,
                                                    Section XI, Division
                                                    1.
N-845 \9\.....................  6 (13 Edition)...  Qualification
                                                    Requirements for
                                                    Bolts and Studs,
                                                    Section XI, Division
                                                    1.
------------------------------------------------------------------------
                Code for Operations and Maintenance (OM)
------------------------------------------------------------------------
OMN-1, Revision 1.............  2012 Edition.....  Alternative Rules for
                                                    Preservice and
                                                    Inservice Testing of
                                                    Active Electric
                                                    Motor-Operated Valve
                                                    Assemblies in Light-
                                                    Water Reactor Power
                                                    Plants.
OMN-2.........................  2012 Edition.....  Thermal Relief Valve
                                                    Code Case, OM Code-
                                                    1995, Appendix I.
OMN-3.........................  2012 Edition.....  Requirements for
                                                    Safety Significance
                                                    Categorization of
                                                    Components Using
                                                    Risk Insights for
                                                    Inservice Testing of
                                                    LWR Power Plants.
OMN-4.........................  2012 Edition.....  Requirements for Risk
                                                    Insights for
                                                    Inservice Testing of
                                                    Check Valves at LWR
                                                    Power Plants.
OMN-5.........................  2012 Edition.....  Testing of Liquid
                                                    Service Relief
                                                    Valves without
                                                    Insulation.
OMN-6.........................  2012 Edition.....  Alternative Rules for
                                                    Digital Instruments.
OMN-7.........................  2012 Edition.....  Alternative
                                                    Requirements for
                                                    Pump Testing.
OMN-8.........................  2012 Edition.....  Alternative Rules for
                                                    Preservice and
                                                    Inservice Testing of
                                                    Power-Operated
                                                    Valves That Are Used
                                                    for System Control
                                                    and Have a Safety
                                                    Function per OM-10,
                                                    ISTC-1.1, or
                                                    ISTA[dash]1100.
OMN-9.........................  2012 Edition.....  Use of a Pump Curve
                                                    for Testing.
OMN-12........................  2012 Edition.....  Alternative
                                                    Requirements for
                                                    Inservice Testing
                                                    Using Risk Insights
                                                    for Pneumatically
                                                    and Hydraulically
                                                    Operated Valve
                                                    Assemblies in Light-
                                                    Water Reactor Power
                                                    Plants (OM-Code
                                                    1998, Subsection
                                                    ISTC).
OMN-13, Revision 2............  2012 Edition.....  Performance-Based
                                                    Requirements for
                                                    Extending Snubber
                                                    Inservice Visual
                                                    Examination Interval
                                                    at [light water
                                                    reactor] (LWR) Power
                                                    Plants.
OMN-14........................  2012 Edition.....  Alternative Rules for
                                                    Valve Testing
                                                    Operations and
                                                    Maintenance,
                                                    Appendix I: BWR
                                                    [control rod drive]
                                                    CRD Rupture Disk
                                                    Exclusion.
OMN-15, Revision 2............  2012 Edition.....  Performance-Based
                                                    Requirements for
                                                    Extending the
                                                    Snubber Operational
                                                    Readiness Testing
                                                    Interval at LWR
                                                    Power Plants.
OMN-16........................  2012 Edition.....  Use of a Pump Curve
                                                    for Testing.
OMN-17........................  2012 Edition.....  Alternative Rules for
                                                    Testing ASME Class 1
                                                    Pressure Relief/
                                                    Safety Valves.

[[Page 10798]]

 
OMN-18........................  2012 Edition.....  Alternate Testing
                                                    Requirements for
                                                    Pumps Tested
                                                    Quarterly Within
                                                    20% of
                                                    Design Flow.
OMN-19........................  2012 Edition.....  Alternative Upper
                                                    Limit for the
                                                    Comprehensive Pump
                                                    Test.
OMN-20........................  2012 Edition.....  Inservice Test
                                                    Frequency.
------------------------------------------------------------------------
\7\ Code Case published in Supplement 1 to the 2013 Edition; included at
  the request of ASME.
\8\ Code Case published in Supplement 3 to the 2013 Edition; included at
  the request of ASME.
\9\ Code Case published in Supplement 6 to the 2013 Edition; included at
  the request of ASME.

List of Subjects in 10 CFR Part 50

    Administrative practice and procedure, Antitrust, Classified 
information, Criminal penalties, Education, Fire prevention, Fire 
protection, Incorporation by reference, Intergovernmental relations, 
Nuclear power plants and reactors, Penalties, Radiation protection, 
Reactor siting criteria, Reporting and recordkeeping requirements, 
Whistleblowing.

    For the reasons set out 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. 552 and 553, the NRC is proposing 
to adopt the following amendments to 10 CFR part 50.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
1. The authority citation for part 50 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 11, 101, 102, 103, 
104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186, 
187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135, 
2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236, 
2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs. 
201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste 
Policy Act of 1982, sec. 306 (42 U.S.C. 10226); National 
Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 
note; Sec. 109, Pub. L. 96-295, 94 Stat. 783.

0
2. In Sec.  50.55a, revise paragraph (a)(3)(i) through (iii) to read as 
follows:


Sec.  50.55a  Codes and standards.

    (a) * * *
    (3) * * *
    (i) NRC Regulatory Guide 1.84, Revision 37. NRC Regulatory Guide 
1.84, ``Design, Fabrication, and Materials Code Case Acceptability, 
ASME Section III,'' Revision 37, dated [DATE OF FINAL RULE PUBLICATION 
IN THE Federal Register], with the requirements in paragraph (b)(4) of 
this section.
    (ii) NRC Regulatory Guide 1.147, Revision 18. NRC Regulatory Guide 
1.147, ``Inservice Inspection Code Case Acceptability, ASME Section XI, 
Division 1,'' Revision 18, dated [DATE OF FINAL RULE PUBLICATION IN THE 
Federal Register], which lists ASME Code Cases that the NRC has 
approved in accordance with the requirements in paragraph (b)(5) of 
this section.
    (iii) NRC Regulatory Guide 1.192, Revision 2. NRC Regulatory Guide 
1.192, ``Operation and Maintenance Code Case Acceptability, ASME OM 
Code,'' Revision 2, dated [DATE OF FINAL RULE PUBLICATION IN THE 
Federal Register], which lists ASME Code Cases that the NRC has 
approved in accordance with the requirements in paragraph (b)(6) of 
this section.
* * * * *

    Dated at Rockville, Maryland, this 5th day of February, 2016.

    For the Nuclear Regulatory Commission.
William M. Dean,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2016-04355 Filed 3-1-16; 8:45 am]
 BILLING CODE 7590-01-P