[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Proposed Rules]
[Pages 16087-16114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06085]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[NRC-2018-0290]
RIN 3150-AK22
American Society of Mechanical Engineers 2019-2020 Code Editions
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 the 2019 Edition of
the American Society of Mechanical Engineers Boiler and Pressure Vessel
Code and the 2020 Edition of the American Society of Mechanical
Engineers Operation and Maintenance of Nuclear Power Plants, Division
1: OM Code: Section IST, for nuclear power plants. The NRC is also
proposing to incorporate by reference the 2011 Addenda to ASME NQA-1-
2008, Quality Assurance Requirements for Nuclear Facility Applications
(ASME NQA-1b-2011), and the 2012 and 2015 Editions of ASME NQA-1,
Quality Assurance Requirements for Nuclear Facility Applications. This
action is in accordance with the NRC's policy to periodically update
the regulations to incorporate by reference new editions of the
American Society of Mechanical Engineers Codes and is intended to
maintain the safety of nuclear power plants and to make NRC activities
more effective and efficient.
DATES: Submit comments by May 25, 2021. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure consideration only for 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0290. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
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.
[[Page 16088]]
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: Victoria V. Huckabay, Office of
Nuclear Material Safety and Safeguards, telephone: 301-415-5183, email:
[email protected]; or Keith Hoffman, Office of Nuclear Reactor
Regulation, telephone: 301-415-1294, email: [email protected]. Both
are staff of the U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
SUPPLEMENTARY INFORMATION:
Executive Summary
A. Need for the Regulatory Action
The NRC is proposing to amend its regulations to incorporate by
reference the 2019 Edition of the American Society of Mechanical
Engineers (ASME) Boiler and Pressure Vessel Code (BPV Code) and the
2020 Edition of the ASME Operation and Maintenance of Nuclear Power
Plants, Division 1: OM Code: Section IST (OM Code), for nuclear power
plants. The NRC is also proposing to incorporate by reference the 2011
Addenda to ASME NQA-1-2008, Quality Assurance Requirements for Nuclear
Facility Applications (ASME NQA-1b-2011), and the 2012 and 2015
Editions of ASME NQA-1, Quality Assurance Requirements for Nuclear
Facility Applications.
The ASME periodically revises and updates its codes for nuclear
power plants by issuing new editions; this proposed rule is in
accordance with the NRC's practice to incorporate those new editions
into the NRC's regulations. This proposed rule maintains the safety of
nuclear power plants, makes NRC activities more effective and
efficient, and allows nuclear power plant licensees and applicants to
take advantage of the latest ASME Codes. The ASME is a voluntary
consensus standards organization, and the ASME Codes are voluntary
consensus standards. The NRC's use of the ASME Codes is consistent with
applicable requirements of the National Technology Transfer and
Advancement Act (NTTAA). See also Section VIII of this document,
``Voluntary Consensus Standards.''
B. Major Provisions
Major provisions of this proposed rule include the incorporation by
reference with conditions of the following ASME Codes into NRC
regulations and delineation of NRC requirements for the use of these
Codes:
The 2019 Edition of the BPV Code
The 2020 Edition of the OM Code
The 2011 Addenda to ASME NQA-1-2008, ``Quality Assurance
Requirements for Nuclear Facility Applications,'' (ASME NQA-1b-2011)
and the 2012 and 2015 Editions of ASME NQA-1.
C. Costs and Benefits
The NRC prepared a draft regulatory analysis to determine the
expected costs and benefits of this proposed rule. The regulatory
analysis identifies costs and benefits in both a quantitative fashion
as well as in a qualitative fashion.
The analysis concludes that this proposed rule would result in a
net quantitative averted cost to the industry and the NRC. This
proposed rule, relative to the regulatory baseline, would result in a
net averted cost for industry of $6.26 million based on a 7 percent net
present value (NPV) and $6.99 million based on a 3 percent NPV. The
proposed rulemaking alternative benefits the NRC by averting costs for
reviewing and approving requests to use alternatives to the Codes on a
plant-specific basis under Sec. 50.55a(z) of title 10 of the Code of
Federal Regulations (10 CFR). The NRC net benefit ranges from $0.49
million based on a 7 percent NPV to $0.57 million based on a 3 percent
NPV. Qualitative factors that were considered include regulatory
stability and predictability, regulatory efficiency, and consistency
with the NTTAA. The regulatory analysis shows that the rulemaking is
justified because the total quantified benefits of the proposed
regulatory action exceed the costs of the proposed action. When the
qualitative benefits (including the safety benefit and improvement in
knowledge) are considered together with the quantified benefits, the
benefits outweigh the identified quantitative and qualitative impacts.
The NRC has had a decades-long practice of approving and/or
mandating the use of certain parts of editions and addenda of these
ASME Codes in Sec. 50.55a. Continuing this practice in this proposed
rule ensures regulatory stability and predictability. This practice
also provides consistency across the industry and provides assurance to
the industry and the public that the NRC will continue to support the
use of the most updated and technically sound techniques developed by
the ASME to provide adequate protection to the public. In this regard,
the ASME Codes are voluntary consensus standards developed by technical
committees composed of mechanical engineers and others who represent
the broad and varied interests of their industries, from manufacturers
and installers to insurers, inspectors, distributors, regulatory
agencies, and end users. The standards have undergone extensive
external review before being considered to be incorporated by reference
by the NRC. Finally, the NRC's use of the ASME Codes is consistent with
the NTTAA, which directs Federal agencies to adopt voluntary consensus
standards instead of developing ``government-unique'' (i.e., Federal
agency-developed) standards, unless inconsistent with applicable law or
otherwise impractical.
For more information, please see the draft regulatory analysis
(Accession No. ML20178A448 in the NRC's Agencywide Documents Access and
Management System (ADAMS)).
Table of Contents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
B. Submitting Comments
II. Background
III. Discussion
A. ASME BPV Code, Section III
B. ASME BPV Code, Section XI
C. ASME OM Code
IV. Section-by-Section Analysis
V. Generic Aging Lessons Learned Report
VI. Plain Writing
VII. Voluntary Consensus Standards
VIII. Incorporation by Reference--Reasonable Availability to
Interested Parties
IX. Environmental Assessment and Final Finding of No Significant
Environmental Impact
X. Paperwork Reduction Act Statement
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Regulatory Flexibility Certification
XIV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2018-0290 when contacting the NRC
about the availability of information for this proposed rule. You may
obtain information related to this proposed rule by any of the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0290.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://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
[[Page 16089]]
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.
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to the PDR via email at [email protected] or call 1-800-397-4209
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except
Federal holidays.
Attention: The Technical Library, where you may examine
industry codes and standards, is currently closed. You may submit your
request to the Technical Library via email at [email protected]
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except
Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2018-0290 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 American Society of Mechanical Engineers develops and publishes
the ASME BPV Code, which contains requirements for the design,
construction, and inservice inspection (ISI) of nuclear power plant
components, and the ASME Operation and Maintenance of Nuclear Power
Plants, Division 1: OM Code: Section IST (OM Code),\1\ which contains
requirements for inservice testing (IST) of nuclear power plant
components. Until 2012, the ASME issued new editions of the ASME BPV
Code every 3 years and addenda to the editions annually, except in
years when a new edition was issued. Similarly, the ASME periodically
published new editions and addenda of the ASME OM Code. Starting in
2012, the ASME decided to issue editions of its BPV and OM Codes (no
addenda) every 2 years with the BPV Code to be issued on the odd years
(e.g., 2013, 2015, etc.) and the OM Code to be issued on the even years
\2\ (e.g., 2012, 2014, etc.). The new editions and addenda typically
revise provisions of the ASME Codes to broaden their applicability, add
specific elements to current provisions, delete specific provisions,
and/or clarify them to narrow the applicability of the provision. The
revisions to the editions and addenda of the ASME Codes do not
significantly change code philosophy or approach.
---------------------------------------------------------------------------
\1\ The editions and addenda of the ASME Code for Operation and
Maintenance of Nuclear Power Plants have had different titles from
2005 to 2017 and are referred to collectively in this rule as the
``OM Code.''
\2\ The 2014 Edition of the ASME OM Code was delayed and was
designated the 2015 Edition. Similarly, the 2016 Edition of the OM
Code was delayed and was designated the 2017 Edition.
---------------------------------------------------------------------------
The NRC's practice is to establish requirements for the design,
construction, operation, ISI (examination), and IST of nuclear power
plants by approving the use of editions and addenda of the ASME BPV and
OM Codes (ASME Codes) in Sec. 50.55a of title 10 of the Code of
Federal Regulations (10 CFR). The NRC approves or mandates the use of
certain parts of editions and addenda of these ASME Codes in Sec.
50.55a through the rulemaking process of ``incorporation by
reference.'' Upon incorporation by reference of the ASME Codes into
Sec. 50.55a, the provisions of the ASME Codes are legally-binding NRC
requirements as delineated in Sec. 50.55a, and subject to the
conditions on certain specific ASME Codes' provisions that are set
forth in Sec. 50.55a. The editions and addenda of the ASME BPV and OM
Codes were last incorporated by reference into the NRC's regulations in
a final rule dated May 4, 2020 (85 FR 26540).
The ASME Codes are consensus standards developed by participants,
including the NRC and licensees of nuclear power plants, who have broad
and varied interests. The ASME's adoption of new editions of, and
addenda to, the ASME Codes does not mean that there is unanimity on
every provision in the ASME Codes. There may be disagreement among the
technical experts, including the NRC's representatives on the ASME Code
committees and subcommittees, regarding the acceptability or
desirability of a particular code provision included in an ASME-
approved Code edition or addenda. If the NRC believes that there is a
significant technical or regulatory concern with a provision in an
ASME-approved Code edition or addenda being considered for
incorporation by reference, then the NRC conditions the use of that
provision when it incorporates by reference that ASME Code edition or
addenda into its regulations. In some instances, the condition
increases the level of safety afforded by the ASME Code provision, or
addresses a regulatory issue not considered by the ASME. In other
instances, where research data or experience has shown that certain
code provisions are unnecessarily conservative, the condition may
provide that the code provision need not be complied with in some or
all respects. The NRC's conditions are included in Sec. 50.55a,
typically in paragraph (b) of that section. In a Staff Requirements
Memorandum dated September 10, 1999, (ADAMS Accession No. ML003755050)
the Commission indicated that NRC rulemakings adopting (incorporating
by reference) a voluntary consensus standard must identify and justify
each part of the standard that is not adopted. For this proposed rule,
the provisions of the 2019 Edition of Section III, Division 1; and the
2019 Edition of Section XI, Division 1, of the ASME BPV Code; and the
2020 Edition of the ASME OM Code that the NRC is not adopting, or is
only partially adopting, are identified in the Discussion, Regulatory
Analysis, and Backfitting and Issue Finality sections of this document.
The provisions of those specific editions and code cases that are the
subject of this proposed rule that the NRC finds to be conditionally
acceptable, together with the applicable conditions, are also
identified in the Discussion, Regulatory Analysis, and Backfitting and
Issue Finality sections of this document.
The ASME Codes are voluntary consensus standards, and the NRC's
incorporation by reference of these Codes is consistent with applicable
requirements of the NTTAA. Additional discussion on the NRC's
compliance with the NTTAA is set forth in Section VIII of this
document, ``Voluntary Consensus Standards.''
III. Discussion
The NRC regulations incorporate by reference ASME Codes for nuclear
power plants. This proposed rule is the latest in a series of
rulemakings to amend the NRC's regulations to
[[Page 16090]]
incorporate by reference revised and updated ASME Codes for nuclear
power plants. This proposed rule is intended to maintain the safety of
nuclear power plants and make NRC activities more effective and
efficient.
The NRC follows a three-step process to determine acceptability of
new provisions in new editions to the Codes and the need for conditions
on the uses of these Codes. This process was employed in the review of
the Codes that are the subjects of this proposed rule. First, the NRC
staff actively participates with other ASME committee members with full
involvement in discussions and technical debates in the development of
new and revised Codes. This includes a technical justification of each
new or revised Code. Second, the NRC's committee representatives
discuss the Codes and technical justifications with other cognizant NRC
staff to ensure an adequate technical review. Third, the NRC position
on each Code is reviewed and approved by NRC management as part of this
proposed rule amending Sec. 50.55a to incorporate by reference new
editions of the ASME Codes and conditions on their use. This regulatory
process, when considered together with the ASME's own process for
developing and approving the ASME Codes, assures that the NRC approves
for use only those new and revised Code edition and addenda, with
conditions as necessary, that provide reasonable assurance of adequate
protection to the public health and safety, and that do not have
significant adverse impacts on the environment.
The NRC reviewed changes to the Codes in the editions identified in
this proposed rule. The NRC concluded, in accordance with the process
for review of changes to the Codes, that these editions of the Codes,
are technically adequate, consistent with current NRC regulations, and
approved for use with the specified conditions upon the conclusion of
the rulemaking process.
The NRC is proposing to amend its regulations to incorporate by
reference:
The 2019 Edition to the ASME BPV Code, Section III,
Division 1 and Section XI, Division 1, with conditions on its use.
The 2020 Edition to Division 1 of the ASME OM Code, with
conditions on its use.
The 2011 Addenda to ASME NQA-1-2008, Quality Assurance
Requirements for Nuclear Facility Applications (ASME NQA-1b-2011) and
the 2012 and 2015 Editions of ASME NQA-1, with conditions on its use.
The current regulations in Sec. 50.55a(a)(1)(i) incorporate by
reference ASME BPV Code, Section III, 1963 Edition through the 1970
Winter Addenda; and the 1971 Edition (Division 1) through the 2017
Edition (Division 1), subject to the conditions identified in current
Sec. 50.55a(b)(1)(i) through (xii). This proposed rule would revise
Sec. 50.55a(a)(1)(i) to incorporate by reference the 2019 Edition
(Division 1) of the ASME BPV Code, Section III.
The current regulations in Sec. 50.55a(a)(1)(ii) incorporate by
reference ASME BPV Code, Section XI, 1970 Edition through the 1976
Winter Addenda; and the 1977 Edition (Division 1) through the 2017
Edition (Division 1), subject to the conditions identified in current
Sec. 50.55a(b)(2)(i) through (xlii). This proposed rule would revise
Sec. 50.55a(a)(1)(ii) to incorporate by reference the 2019 Edition
(Division 1) of the ASME BPV Code, Section XI. It would also clarify
the wording and add, remove, or revise some of the conditions as
explained in this proposed rule.
The current regulations in Sec. 50.55a(a)(1)(iv) incorporate by
reference ASME OM Code, 1995 Edition through the 2017 Edition, subject
to the conditions currently identified in Sec. 50.55a(b)(3)(i) through
(xi). This proposed rule would revise Sec. 50.55a(a)(1)(iv) to
incorporate by reference the 2020 Edition of Division 1 of the ASME OM
Code. As explained in Section III.B of this document, this proposed
rule would revise Sec. 50.55a(a)(1)(iv) to remove the incorporation by
reference of the 2011 Addenda of the ASME OM Code as well as the 2015
Edition of the ASME OM Code.
The current regulations in Sec. 50.55a(a)(1)(v) incorporate by
reference ASME NQA-1, Quality Assurance Requirements for Nuclear
Facility Applications, subject to conditions identified in Sec.
50.55a(b)(1)(iv) and (b)(2)(x). This proposed rule would revise Sec.
50.55a(a)(1)(v)(B) to incorporate by reference the 2011 Addenda to ASME
NQA-1-2008 (ASME NQA-1b-2011) and the 2012 and 2015 Editions of ASME
NQA-1.
In the introductory discussion of its Codes, ASME specifies that
errata to those Codes may be posted on the ASME website under the
Committee Pages to provide corrections to incorrectly published items,
or to correct typographical or grammatical errors in those Codes. Users
of the ASME BPV Code and ASME OM Code should be aware of errata when
implementing the specific provisions of those Codes. Applicants and
licensees should monitor errata to determine when they might need to
submit a request for an alternative under Sec. 50.55a(z) to implement
provisions specified in an errata to their ASME Code of record. Each of
the proposed NRC conditions and the reasons for each are discussed in
the following sections of this document. The discussions are organized
under the applicable ASME Code and Section.
The NRC prepared an unofficial redline strikeout version of the
proposed changes to regulatory text which is intended to help the
reader identify the proposed changes. The unofficial redline strikeout
version of the proposed rule is publicly available and is listed in the
``Availability of Documents'' section.
A. ASME BPV Code, Section III
Section 50.55a(a)(1)(i)(E) Rules for Construction of Nuclear Facility
Components--Division 1
The NRC proposes to revise Sec. 50.55a(a)(1)(i)(E) to incorporate
by reference the 2019 Edition of the ASME BPV Code, Section III,
including Subsection NCA and Division 1 Subsections NB through NG and
Appendices. As stated in Sec. 50.55a(a)(1)(i), the Nonmandatory
Appendices are excluded and not incorporated by reference. The
Mandatory Appendices are incorporated by reference because they include
information necessary for Division 1. However, the Mandatory Appendices
also include material that pertains to other Divisions that have not
been reviewed and approved by the NRC. Although this information is
included in the sections and appendices being incorporated by
reference, the NRC notes that the use of Divisions other than Division
1 has not been approved, nor are they required by NRC regulations and,
therefore, such information is not relevant to current applicants and
licensees. The NRC is not taking a position on the non-Division 1
information in the appendices and is including it in the incorporation
by reference only for convenience. Therefore, this proposed rule would
revise the introductory text to Sec. 50.55a(a)(1)(i)(E) to reference
the 2019 Edition of the ASME BPV Code, Section III, including
Subsection NCA and Division 1 Subsections NB through NG and Appendices.
Section 50.55a(b)(1) Conditions on ASME BPV Code Section III
The NRC proposes to revise the definition of Section III in Sec.
50.55a(b)(1) to include the latest edition of the
[[Page 16091]]
ASME BPV Code, Section III incorporated by reference in paragraph
(a)(1)(i).
Section 50.55a(b)(1)(ii) Section III Condition: Weld Leg Dimensions
The NRC proposes to revise Sec. 50.55a(b)(1)(ii) to extend the
applicability of the condition through the latest edition of the ASME
BPV Code, Section III incorporated by reference in paragraph (a)(1)(i).
The 2019 Edition of Section III was not modified in a way that would
make it possible for the NRC to remove this condition. Therefore, the
NRC is proposing to revise this condition to apply to the latest
edition incorporated by reference.
Section 50.55a(b)(1)(iii) Section III Condition: Seismic Design of
Piping
The NRC proposes to revise Sec. 50.55a(b)(1)(iii) to extend the
applicability of the condition through the latest edition of the ASME
BPV Code, Section III incorporated by reference in paragraph (a)(1)(i).
The 2019 Edition of Section III was not modified in a way that would
make it possible for the NRC to remove this condition. Therefore, the
NRC is proposing to revise this condition to apply to the latest
edition incorporated by reference.
Section 50.55a(b)(1)(iv) Section III Condition: Quality Assurance
The NRC is proposing to revise this condition to allow the use of
the editions of NQA-1 that are both incorporated by reference in
paragraph (a)(1)(v) of Sec. 50.55a and specified in either NCA-4000 or
NCA-7000 of the 1989 or later edition of Section III. This will allow
applicants and licensees to use the 2011 Addenda to ASME NQA-1-2008,
Quality Assurance Requirements for Nuclear Facility Applications (ASME
NQA-1b-2011), and the 2012 and 2015 Edition of NQA-1 when using the
2019 and later Editions of Section III, which this rule is also
incorporating by reference.
Section 50.55a(b)(1)(vii) Section III Condition: Capacity Certification
and Demonstration of Function of Incompressible-Fluid Pressure-Relief
Valves
The NRC proposes to revise Sec. 50.55a(b)(1)(vii) to extend the
applicability of the condition through the latest edition of the ASME
BPV Code, Section III incorporated by reference in paragraph (a)(1)(i).
The 2019 Edition of Section III was not modified in a way that would
make it possible for the NRC to remove this condition. Therefore, the
NRC is proposing to revise this condition to apply to the latest
edition incorporated by reference.
Section 50.55a(b)(1)(x) Section III Condition: Visual Examination of
Bolts, Studs, and Nuts
The NRC proposes to revise Sec. 50.55a(b)(1)(x) to extend the
applicability of the condition through the latest edition of the ASME
BPV Code, Section III incorporated by reference in paragraph (a)(1)(i).
The 2019 Edition of Section III was not modified in a way that would
make it possible for the NRC to remove this condition. Therefore, the
NRC is proposing to revise this condition to apply to the latest
edition incorporated by reference.
Section 50.55a(b)(1)(xiii) Section III Condition: Preservice Inspection
of Steam Generator Tubes
The NRC is proposing to add a new condition Sec.
50.55a(b)(1)(xiii) to condition the provisions of NB-5283 in the 2019
Edition of Section III, which exempted steam generator tubing from
preservice examinations. The condition is in two provisions as follows:
Section 50.55a(b)(1)(xiii)(A) Section III Condition: Preservice
Inspection of Steam Generator Tubes, First Provision
The NRC is proposing to add a condition to require that a full-
length preservice examination of 100 percent of the steam generator
tubing in each newly installed steam generator be performed prior to
plant startup. Preservice examinations provide a baseline for future
required inservice examinations and provides assurance of its
structural integrity and ability to perform its intended function. The
2019 Edition does not require these preservice examinations to be
performed. Therefore, the NRC is adding Sec. 50.55a(b)(1)(xiii)(A) to
condition the provisions of NB-5283 in the 2019 Edition of Section III
to require that preservice examination of steam generator tubing shall
be performed, in order to ensure that the steam generator tubing which
is part of the reactor coolant pressure boundary has an adequate
baseline examination for future inservice examinations and ensures the
tubing's structural integrity to perform its intended function.
Section 50.55a(b)(1)(xiii)(B) Section III Condition: Preservice
Inspection of Steam Generator Tubes, Second Provision
The provisions of NB-5360 in the 2019 Edition of Section III
removed the requirements for eddy current preservice examination of
installed steam generator tubing and the criteria for evaluating flaws
found during the preservice examination. A preservice examination is
important because it ensures that the steam generator tubes, which are
part of the reactor coolant pressure boundary, are acceptable for
initial operation. In addition, preservice examination provides the
baseline condition of the tubes, which is essential in assessing the
nature of indications found in the tubes during subsequent inservice
examinations. These inspections must be performed with the objective of
finding and characterizing the types of preservice flaws that may be
present in the tubes and flaws that may occur during operation.
Therefore, the NRC is adding Sec. 50.55a(b)(1)(xiii)(B) to condition
the provisions of NB-5360 in the 2019 Edition of Section III, to
require that flaws revealed during preservice examination of steam
generator tubing shall be evaluated using the criteria in the design
specifications.
B. ASME BPV Code, Section XI
Section 50.55a(a)(1)(ii) ASME Boiler and Pressure Vessel Code, Section
XI
The NRC proposes to remove and reserve Sec. 50.55a(a)(1)(ii)(A),
remove Sec. 50.55a(a)(1)(ii)(B)(5) through (7), and remove and reserve
Sec. 50.55a(a)(1)(ii)(C)(1) through (32) and (37) through (40) because
they incorporate by reference older editions and addenda of Section XI
prior to 2001 Edition which are no longer in use. As a result of
removing those older editions that are no longer in use, the NRC
proposes to amend regulations in Sec. 50.55a(b)(2)(viii), (ix), (xii),
(xiv), and (xv), (b)(2)(xviii)(A), and (b)(2)(xix), and (b)(2)(xx)(A)
to remove references to these older editions and addenda.
The NRC proposes to amend the regulations in Sec.
50.55a(a)(1)(ii)(C) to incorporate by reference the 2019 Edition
(Division 1) of the ASME BPV Code, Section XI. The current regulations
in Sec. 50.55a(a)(1)(ii)(C) incorporate by reference ASME BPV Code,
Section XI, the 1977 Edition (Division 1) through the 2017 Edition
(Division 1), subject to the conditions identified in current Sec.
50.55a(b)(2)(i) through (xlii). The proposed amendment would revise the
introductory text to Sec. 50.55a(a)(1)(ii)(C) to reference the 2019
Edition (Division 1) of the ASME BPV Code, Section XI.
[[Page 16092]]
Section 50.55a(b)(2) Conditions on ASME BPV Code Section XI
The NRC proposes to revise the definition of Section XI in Sec.
50.55a(b)(2) to include the latest edition of the ASME BPV Code,
Section XI incorporated by reference in paragraph (a)(1)(ii).
Section 50.55a(b)(2)(viii) Section XI Condition: Concrete Containment
Examinations
As stated above, the NRC proposes to amend the regulations in Sec.
50.55a(b)(2)(viii) to remove references to Section XI editions and
addenda prior to the 2001 Edition. With the removal of these earlier
editions the NRC also proposes to delete paragraphs (b)(2)(viii)(A)
through (D) as these conditions apply to these earlier editions.
Section 50.55a(b)(2)(ix) Section XI Condition: Metal Containment
Examinations
As stated above, the NRC proposes to amend the regulations in Sec.
50.55a(b)(2)(ix) to remove references to Section XI editions and
addenda prior to the 2001 Edition. With the removal of these earlier
editions the NRC also proposes to delete paragraphs (b)(2)(ix)(C)
through (E) as these conditions apply to these earlier editions.
Section 50.55a(b)(2)(x) Section XI Condition: Quality Assurance
The NRC proposes to revise this condition to extend it to the
versions of NQA-1 referenced in the 2019 Edition of the ASME BPV Code,
Section XI, Table IWA 1600-1, ``Referenced Standards and
Specifications,'' which this proposed rule would also incorporate by
reference.
The NRC is proposing to revise this condition to allow the use of
the editions of NQA-1 that are both incorporated by reference in
paragraph (a)(1)(v) of Sec. 50.55a and specified in Table IWA 1600-1
of the 1989 or later Editions of Section XI. In the 2019 Edition of
ASME BPV Code, Section XI, Table IWA 1600-1 was updated to specify that
licensees use the 1994 Edition or 2008 Edition through 2015 Editions of
NQA-1 when using the 2019 Edition of Section XI. These revisions will
allow licensees to use the 2011 Addenda to ASME NQA-1-2008, and the
2012 and 2015 Edition of NQA-1 when using the 2019 and later Editions
of Section XI, which this rule is also incorporating by reference.
The NRC also proposes to revise this condition to remove the
reference to IWA-1400 because it does not reference editions of NQA-1.
The removal of reference to IWA-1400 clarifies the text of the
condition because Table IWA 1600-1 specifies the editions of NQA-1 to
be used, while IWA-1400 simply refers to using NQA-1 generally, without
specifying any particular edition.
Section 50.55a(b)(2)(xviii)(D) NDE Personnel Certification: Fourth
Provision
The NRC proposes to amend the condition found in Sec.
50.55a(b)(2)(xviii) to address the removal of ASME BPV Code, Section
XI, 2011 Addenda from Sec. 50.55a(a)(1)(ii).
In addition, research performed at the Pacific Northwest National
Laboratory (PNNL) has shown that laboratory practice can be effective
in developing the skill to find flaws, and on-the-job training is
effective at developing the ability to perform examinations in a
nuclear reactor environment. Based on the research described in
Technical Letter Report PNNL-29761 (ADAMS Accession No. ML20079E343),
the 250 experience hours for a Level I certification can be reduced to
175 hours, with 125 experience hours and 50 hours of laboratory
practice, and the experience hours for Level II Certification can be
reduced to 720 hours, with 400 experience hours and 320 hours of
laboratory practice, without significantly reducing the capabilities of
the examiners to navigate in a nuclear reactor environment. The NRC is
therefore adding an option to Sec. 50.55a(b)(2)(xviii) to allow these
requirements as an alternative to Appendix VII, Table VII-4110-1 and
Appendix VIII, Subarticle VIII-2200 in the 2010 Edition.
Section 50.55a(b)(2)(xx)(C) Section XI Condition: System Leakage Tests:
Third Provision
The NRC proposes to amend the regulations in Sec.
50.55a(b)(2)(xx)(C) to extend the applicability of the condition
through the latest edition of the ASME BPV Code, Section XI
incorporated by reference in paragraph (a)(1)(ii) of this section. The
NRC also proposes to amend Sec. 50.55a(b)(2)(xx)(C) to reflect that
IWB-5210(c) was deleted from the 2019 Edition because it contained
verbiage that was redundant to the language in IWA-5213(b)(2) and IWB-
5221(d).
Section 50.55a(b)(2)(xxi)(B) Table IWB-2500-1 Examination
The NRC proposes to amend the regulations in Sec.
50.55a(b)(2)(xxi)(B) to extend the applicability of the condition
through the latest edition of the ASME BPV Code, Section XI
incorporated by reference in paragraph (a)(1)(ii) of this section.
Section 50.55a(b)(2)(xxv)(B) Mitigation of Defects by Modification:
Second Provision
The NRC proposes to amend the regulations in Sec.
50.55a(b)(2)(xxv)(B) to extend the applicability of the condition
through the latest edition of the ASME BPV Code, Section XI
incorporated by reference in paragraph (a)(1)(ii) of this section. The
NRC also proposes to amend the conditions found in Sec.
50.55a(b)(2)(xxv)(B) by revising requirements associated with: (1)
Conducting wall thickness examinations at alternative locations; and
(2) follow on examination requirements for external corrosion of buried
piping.
Paragraph (b)(2)(xxv)(B)(2) currently requires the licensee to
establish a loss of material rate by conducting wall thickness
examinations at the location of the defect. The condition also
establishes the timing of the examinations (i.e., two prior consecutive
or nonconsecutive refueling outage cycles in the 10 year period prior
to installation of the modification). The NRC proposes to provide an
alternative by allowing loss of material rates to be measured at an
alternative location with similar corrosion conditions, similar flow
characteristics, and the same piping configuration (e.g., straight run
of pipe, elbow, tee). The NRC had already accepted these
characteristics as those necessary to establish equivalency for
internal corrosion on buried piping configurations. The NRC recognizes
that many licensees are conducting periodic wall thickness examinations
of piping systems as part of asset management plans. Allowing an
alternative equivalent location to be used to obtain loss of material
rates provides flexibility and reduces unnecessary burden. In addition,
the NRC proposes to delete the timing of the examination requirements
because the 2 times multiplier required by the condition provides a
conservative bias for measured loss of material rates.
Paragraph (b)(2)(xxv)(B)(3) currently requires the licensee to
conduct wall thickness examinations on a refueling outage interval
until projected flaw growth rates have been validated. After validation
of the flaw growth rate, the modification would be examined at half its
expected life or, if the modification has an expected life greater than
19 years, once per interval. The NRC proposes to delete the refueling
outage interval examinations and only require the examination to occur
at half the modification's expected life or, if the modification has an
expected life greater
[[Page 16093]]
than 19 years, once per interval. The NRC has concluded that the 2
times multiplier for known loss of material rates or 4 times multiplier
for estimated loss of material rates provides sufficient conservatism
to allow a followup examination to occur at half the modification's
expected life or, if the modification has an expected life greater than
19 years, once per interval.
The changes proposed in paragraph (b)(2)(xxv)(B)(3)(i) are
editorial. The NRC proposes to delete the term ``through wall'' from
the clarification of extent of degradation differences. The NRC
recognizes that it would be unlikely that through wall leakage would be
occurring in two locations (i.e., modification location, different
examination location). The term ``percent wall loss plus or minus 25
percent'' is sufficient to capture through wall, if it should occur at
the different examination location as well as any other level of wall
loss.
Paragraph (b)(2)(xxv)(B)(3)(ii) currently requires licensees to
examine a buried pipe modification location where loss of material has
occurred due to external corrosion at half its expected life or 10
years, whichever is sooner. The NRC proposes to revise this condition
to include a provision that would allow an extension of the required
inspection to any time in the first full 10-year inspection interval
after installation if the modification is recoated prior to backfill
following modification. This could mean that the modification might not
be inspected until as much as 19 years after installation. The NRC and
industry recognize that effective coatings can isolate the base
material from the environment and prevent further degradation. If
coating holidays (e.g., voids in coating) were to go undetected, only
localized loss of material would occur versus widespread general
corrosion. The NRC has reached this conclusion for two reasons: (1)
Effective coatings ensure isolation of the modification site from the
environment such that only the areas with coating holidays would be
affected by the environment; and (2) because pitting corrosion that
might occur due to holidays would not affect the intended function of
the piping (i.e., to deliver flow), extension of the examination timing
will not challenge the intended function of the piping system.
Section 50.55a(b)(2)(xxvi), Section XI Condition: Pressure Testing of
Class 1, 2, and 3 Mechanical Joints
The NRC proposes to amend Sec. 50.55a(b)(2)(xxvi) to to remove
references to Section XI pressure test and VT-2 examination. The NRC
proposes to relax the requirement to perform an ASME Section XI
pressure test in accordance with IWA-5211(a) and VT-2 examination of
mechanical joints disassembled and reassembled during the course of
repair/replacement activities. This condition was established in the
final rule dated October 1, 2004 (69 FR 58804) to supplement the test
provisions in IWA-4540 of the 2001 Edition and the 2002 and 2003
Addenda of Section XI of the ASME BPV Code to require that Class 1, 2,
and 3 mechanical joints be pressure tested in accordance with IWA-
4540(c) of the 1998 Edition of Section XI. Over the years and in
several rulemakings commenters have stated this condition was not
required because licensee post-maintenance test programs in accordance
with appendix B to 10 CFR part 50, ``Quality Assurance Criteria for
Nuclear Power Plants and Fuel Reprocessing Plants,'' specify
requirements for leak testing mechanical connections following
reassembly.
The final rule issued on May 4, 2020 (85 FR 26540) revised this
condition to clarify examiner and pressure test code requirements. But
this change caused confusion, because the industry interpreted the rule
to mean that some exemptions from pressure testing allowed by the code
were no longer allowable and that certain pressure testings would now
be required, whereas they were not required prior to this change.
Following the publication of the final rule, the NRC held a public
meeting on June 4, 2020, to discuss this condition (ADAMS Accession No.
ML20163A609). The industry asked the NRC to reevaluate the
interpretation and the need for the condition. The NRC performed a
qualitative risk analysis to judge the safety significance of
performing the Section XI pressure test and VT-2 examinations. The NRC
looked at several risk scenarios and leveraged the principles of risk-
informed decision-making with technical work completed through closure
of Generic Safety Issue 29 (GSI-29): Bolting Degradation of Failure in
Nuclear Power Plants (ADAMS Accession No. ML031430208) and current
operational experience; the NRC concluded that the risk of failure of
mechanical joints in the absence of pressure testing and VT-2
examination after repair/replacement activities is very low. The NRC
found that the risk analyses suggest that the absence of the pressure
test after repair/replacement activities imposes a minimal safety
concern when taking into account the additional measures conducted by
the industry to ensure leak tightness. The NRC concluded that failure
of a mechanical joint in the absence of a pressure test and VT-2 exam
is unlikely, and the corresponding condition for Section XI pressure
testing after repair/replacement activities is not needed for safety.
The NRC presented the results of this risk analysis at a public meeting
held June 25, 2020 (ADAMS Accession No. ML20189A286).
In performing the risk determination, the NRC considered several
principles of risk-informed decision-making. While not relying fully on
these concepts, the NRC determined that the following additional
measures help reduce the uncertainty associated with the qualitative
risk assessment discussed above. With respect to performance
monitoring, the NRC considered: (1) Leak tests conducted as part of the
licensee quality assurance programs, (2) the twice daily walkdowns in
all accessible areas by Operations staff, including inspecting for
leaks as part of plant rounds, (3) containment monitoring for
identified and unidentified leakage, and (4) pressure testing of
reactor coolant loop performed after each refueling outage. With
respect to defense-in-depth, the NRC considered that many systems,
including the emergency core cooling system, are in place to maintain
core cooling if a primary system has a flange failure, and that many
Code systems have redundant trains. With respect to safety margins, the
NRC considered that leak-before-break analysis of nuclear power plant
primary systems have illustrated that significant safety margins exist
for leaking joints, and the results of studies conducted during closure
of GSI-29 showed that a joint will leak with a sufficient rate to be
detected and mitigated by the licensees before joint rupture occurs.
Therefore, the NRC is proposing to amend Sec. 50.55a(b)(2)(xxvi)
to require a licensee defined leak test to demonstrate the leak
tightness of Class 1, 2, and 3 mechanical joints. The proposed change
would require that the owner establish the type of leak test, test
medium, test pressure, and acceptance criteria that would demonstrate
the joint's leak tightness. Because the condition would no longer
require an ASME Code pressure test, the ASME Code NDE examiner
qualification requirements would no longer apply. Therefore the NRC is
also removing the requirement for the NDE examiners to meet the
requirements of the licensee's current ISI code of record. The licensee
must also specifiy the qualifications of the person performing the leak
test.
[[Page 16094]]
Requiring the licensee defined leak test ensures the tests are done
in accordance with the licensee's appendix B program as described by
commenters in the past. The licensee defined test is consistent with
recommendations of the ASME Post Construction Committee (PCC), which
develops and maintains standards addressing common issues and
technologies related to post construction activities. The PCC works
with other consensus committees on the development of separate,
product-specific, codes and standards that address issues encountered
after initial construction for equipment and piping covered by Pressure
Technology Codes and Standards. The PCC-developed standards generally
follow ``Recognized and Generally Accepted Good Engineering Practice.''
The PCC has developed PCC-1, ``Guidelines for Pressure Boundary Bolted
Flange Joint Assembly,'' for maintaining flanged joints, which has been
referenced in American Petroleum Institute and National Board of Boiler
and Pressure Vessel Inspectors Inspection Code standards. PCC-1
requires an owner defined leak test, which is generally accepted as a
good engineering practice.
This licensee defined leak test must be performed on mechanical
joints in Class 1, 2, and 3 piping and components greater than NPS-1
that are disassembled and reassembled during the performance of a
Section XI repair or replacement activity requiring documentation on a
Form NIS-2. The licensee defined leak test should be of sufficient
rigor to ensure leak tightness under operational conditions of
mechanical joints affected by repair/replacement activities. The
licensee defined leak test will achieve what the imposition of the
original condition in the 2004 rulemaking sought to achieve, which was
leak tightness of mechanical joints impacted by repair/replacement
activities. The NRC will continue to monitor operating experience
related to mechanical joints to determine if this condition merits
modification in the future.
Section 50.55a(b)(2)(xxix), Section XI Condition: Nonmandatory Appendix
R
The NRC proposes to amend Sec. 50.55a(b)(2)(xxix) to allow the use
of Supplement 2 of Nonmandatory Appendix R of Section XI in the 2017
and 2019 Editions without submittal of an alternative in accordance
with Sec. 50.55a(z). Currently Sec. 50.55a(b)(2)(xxix) requires
licensees who desire to implement a Risk-Informed Inservice Inspection
(RI-ISI) program in accordance with Appendix R to obtain prior
authorization of an alternative in accordance with Sec. 50.55a(z). The
NRC has reviewed the latest revisions to Appendix R and have found that
Supplement 2 of Appendix R in the 2017 and 2019 Editions of ASME
Section XI would ensure that future RI-ISI programs continue to comply
with RG 1.178, ``An Approach for Plant-Specific Risk-Informed
Decisionmaking for Inservice Inspection of Piping,'' (ADAMS Accession
No. ML032510128), RG 1.200, ``An Approach for Determining the Technical
Adequacy of Probabilistic Risk Assessment Results for Risk-Informed
Activities,'' (ADAMS Accession No. ML090410014), and NRC Standard
Review Plan Chapter 3.9.8, ``Review of Risk-Informed Inservice
Inspection of Piping,'' (ADAMS Accession No. ML032510135). Therefore,
the NRC is amending Sec. 50.55a(b)(2)(xxix) to allow RI-ISI programs
in accordance with Supplement 2 of Appendix R in ASME Section XI
editions 2017 and later to be used without submittal of an alternative
in accordance with Sec. 50.55a(z). The submittal of an alternative is
still required for RI-ISI programs in accordance with Supplement 1 of
Appendix R or to use Supplement 2 of Section XI editions prior to 2017.
Section 50.55a(b)(2)(xxxii) Section XI Condition: Summary Report
Submittal
The NRC proposes to amend the condition in Sec.
50.55a(b)(2)(xxxii) to relax the timeframe for submittal of Summary
Reports (pre-2015 Edition) or Owner Activity Reports (2015 Edition and
later) for inservice examinations and repair replacement activities.
Through the 2017 Edition of ASME BPV Code, Section XI, owners were
required to prepare Summary Reports or Owner Activity Reports of
preservice examination, inservice examinations and repair replacement
activities within 90 calendar days of the completion of each refueling
outage. In the 2019 Edition of Section XI this timeframe was extended
to 120 days. The NRC has no objections to allowing licensees up to 120
days to submit the reports and sees no reason to require earlier
submittal for users of previous editions. Therefore, the NRC proposes
to relax the requirement for all licensees.
Section 50.55a(b)(2)(xxxvi) Section XI Condition: Fracture Toughness of
Irradiated Materials
The NRC proposes to amend the regulations in Sec.
50.55a(b)(2)(xxxvi) to extend the applicability of the condition
through the latest edition of the ASME BPV Code, Section XI
incorporated by reference in paragraph (a)(1)(ii) of this section.
Section 50.55a(b)(2)(xxxix) Section XI Condition: Defect Removal
The NRC proposes to amend the regulations in Sec.
50.55a(b)(2)(xxxix) to extend the applicability of the condition
through the latest edition of the ASME BPV Code, Section XI
incorporated by reference in paragraph (a)(1)(ii) of this section.
Section 50.55a(b)(2)(xl) Section XI Condition: Prohibitions on Use of
IWB-3510.4(b)
The NRC proposes to amend the regulations in Sec. 50.55a(b)(2)(xl)
to extend the applicability of the condition through the latest edition
of the ASME BPV Code, Section XI incorporated by reference in paragraph
(a)(1)(ii) of this section. The NRC also proposes to add prohibitions
on the use of ASME BPV Code, Section XI, IWC-3510.5(b)(4), IWC-
3510.5(b)(5), and Tables A-4200-1 and G-2110-1. This proposed condition
does not change the current requirements. Rather, it maintains existing
testing requirements that licensees/applicants may use to show that the
ASME Section XI toughness curve is applicable to high-strength ferritic
steels.
ASME has revised certain provisions to extend methods for
characterizing fracture tougness of high-strength ferritic steels and
associated flaw acceptance standards that the NRC prohibited in a
previous rulemaking (85 FR 26540: May 4, 2020) to IWC-3510.5 and Tables
A-4200-1 and G-2110-1 (for SA-533 Type B Class 2). The NRC proposes to
extend the application of this condition to these revised provisions
for the same reasons as outlined in the previous rulemaking. In
addition to amending the text of Sec. 50.55a(b)(2)(xl), the NRC
proposes to change the heading of the paragraph to read: ``Section
50.55a(b)(2)(xl) Section XI Condition: Prohibitions and Restrictions
Related to Fracture Toughness of Certain High-Strength Ferritic
Steels.''
Section 50.55a(b)(2)(xliii) Section XI Condition: Regulatory Submittal
Requirements
The NRC proposes to add Sec. 50.55a(b)(2)(xliii) to require
licensees to submit certain analyses for NRC review. In the 2019
Edition of the Code, ASME elected to remove a number of submittal
requirements related to flaw evaluation. The subparagraphs where these
requirements were removed included IWA-3100(b), IWB-3410.2(d), IWB-
3610(e), IWB-3640, IWC-3640, IWD-3640, IWB-3720(c), IWB-3730(c), G-
2216, G-2510, G-2520, A-4200(c),
[[Page 16095]]
A-4400(b), and G-2110(a). The NRC reviewed each of these subparagraphs
and determined that three of these removed submittal requirements were
necessary to allow the NRC to review plant safety with respect to
violation of pressure-temperature limits, ductile-to-brittle transition
behavior of ferritic steels, and the effects of radiation
embrittlement. Therefore, the proposed condition would simply retain
the requirement from previous editions of ASME Section XI.
The IWB-3720 addresses the scenario where plant pressure-
temperature limits are violated due to an unanticipated operating
event. Pressure-temperature limits provide important operational
limitations that protect against brittle fracture of the Reactor
Coolant System. In the case that such limits are exceeded, IWB-3720(a)
directs the plant owner to perform an analysis that determines the
effect of the out-of-limit condition on the structural integrity of the
Reactor Coolant System. Given the important safety implications of
violating pressure-temperature limits, the NRC determined that
licensees shall submit analyses performed under IWB-3720(a) for NRC
review.
Nonmandatory Appendix A, subparagraph A-4200(c) and Nonmandatory
Appendix G, subparagraph G-2110(c) allow owners to use a reference
temperature based upon T0 (called RTT0) instead
of RTNDT. RTNDT is a long-accepted method for
accounting for ductile-to-brittle transition behavior of ferritic
steels, including the effects of radiation embrittlement. T0
has not been extensively used in the nuclear power industry, at this
time. Determination of plant-specific T0 values requires
careful consideration of the operating characteristics of the plant.
Given the safety significance of the reactor pressure vessel and the
relative lack of experience with using T0, the NRC
determined that licensees shall submit analyses to determine
T0 for NRC review.
C. ASME OM Code
Section 50.55a(a)(1)(iv), ASME Operation and Maintenance Code
The NRC proposes to amend the regulations in Sec.
50.55a(a)(1)(iv)(B) to incorporate by reference the 2020 Edition of the
American Society of Mechanical Engineers Operation and Maintenance of
Nuclear Power Plants, Division 1: OM Code: Section IST, for nuclear
power plants.
The current NRC regulations in Sec. 50.55a(a)(1)(iv)(B)(2)
incorporate by reference the 2011 Addenda of the ASME OM Code into
Sec. 50.55a. The NRC is streamlining Sec. 50.55a wherever possible to
provide clearer IST regulatory requirements for nuclear power plant
licensees and applicants. As part of this effort, the NRC has
determined that the incorporation by reference of the 2011 Addenda of
the ASME OM Code into Sec. 50.55a is not necessary. There are no
licensees or applicants currently implementing the 2011 Addenda of the
ASME OM Code. Further, the NRC regulations would have required updating
licensees or applicants to implement the 2012 Edition of the ASME OM
Code (rather than the 2011 Addenda) because it is a later edition and
was incorporated by reference into Sec. 50.55a on the same date.
Therefore, the NRC proposes to remove the incorporation by reference of
the 2011 Addenda of the ASME OM Code from Sec. 50.55a(a)(1)(iv)(B)(2),
which would allow the NRC to remove the condition on the use of the
2011 Addenda specified in Sec. 50.55a(b)(3)(xi) as well as the
reference to the 2011 Addenda in Sec. 50.55a(b)(3)(ix). For similar
reasons, the NRC proposes to remove the incorporation by reference of
the 2015 Edition of the ASME OM Code from Sec. 50.55a(a)(1)(iv)(C)(2)
because the 2017 Edition of the ASME OM Code was incorporated by
reference into Sec. 50.55a on the same date as the 2015 Edition. In
the case of both the 2011 Addenda and 2015 Edition, the NRC
incorporated these editions of the Code on the same date as a later
Edition, and as a result neither was ever eligible for use by
applicants or updating licensees; if similar circumstances occur in the
future, the NRC will consider skipping an edition rather than
incorporating a revision that would not be useable for applicants or
updating licensees.
Section 50.55a(b)(3) Conditions on ASME OM Code
The NRC proposes to simplify Sec. 50.55a(b)(3) to be consistent
with the proposal to remove specific editions or addenda from Sec.
50.55a(a)(1)(iv) as previously mentioned and further discussed in the
following.
Section 50.55a(b)(3)(iii) OM Condition: New Reactors
The NRC proposes to simplify Sec. 50.55a(b)(3)(iii) by revising
the applicability date to read ``April 17, 2018'' instead of ``the date
12 months after April 17, 2017.'' This editorial correction does not
change the applicability date of the condition.
Section 50.55a(b)(3)(iv) OM Condition: Check Valves (Appendix II)
The NRC proposes to replace the reference to the 2015 Edition of
the ASME OM Code with the 2012 Edition of the ASME OM Code in this
paragraph because the NRC proposes to amend Sec.
50.55a(a)(1)(iv)(C)(2) to remove the incorporation by reference of the
2015 Edition of the ASME OM Code. The 2012 Edition would become the
latest edition that this condition applies to because changes were made
to the 2017 and later Editions that allowed the NRC not to extend the
condition to the newer Editions.
Section 50.55a(b)(3)(vii) OM Condition: Subsection ISTB
The NRC proposes to remove this condition on the use of Subsection
ISTB, ``Inservice Testing of Pumps in Light-Water Reactor Nuclear Power
Plants--Pre-2000 Plants,'' in the 2011 Addenda of the ASME OM Code from
Sec. 50.55a. The condition would become unnecessary because the NRC
also proposes to amend Sec. 50.55a(a)(1)(iv)(B)(2) to remove the
incorporation by reference of the 2011 Addenda of the ASME OM Code. The
NRC proposes to reserve this paragraph for future use.
Section 50.55a(b)(3)(viii) OM Condition: Subsection ISTE
The current NRC regulations in Sec. 50.55a(b)(3)(viii) specify
that licensees may not implement the risk-informed approach for IST of
pumps and valves specified in Subsection ISTE, ``Risk-Informed
Inservice Testing of Components in Light-Water Reactor Nuclear Power
Plants,'' in the ASME OM Code, 2009 Edition through the latest edition
and addenda of the ASME OM Code incorporated by reference in Sec.
50.55a(a)(1)(iv), without first obtaining NRC authorization to use
Subsection ISTE as an alternative to the applicable IST requirements in
the ASME OM Code pursuant to Sec. 50.55a(z). In its review of
Subsection ISTE, ``Risk-Informed Inservice Testing of Components in
Water-Cooled Nuclear Power Plants,'' in the 2020 Edition of the ASME OM
Code, the NRC has found that the ASME has revised the subsection to be
acceptable in the 2020 Edition of the ASME OM Code. Therefore, the NRC
proposes to not to extend this condition to the 2020 Edition of the
ASME OM Code. The NRC notes that a licensee will be expected to address
performance issues with pumps and valves regardless of the risk ranking
of the pumps and valves during the extent of condition review as
[[Page 16096]]
part of the corrective action program to avoid common cause safety
concerns at the applicable nuclear power plant.
Section 50.55a(b)(3)(ix), OM Condition: Subsection ISTF
The NRC proposes to amend the condition on the use of Subsection
ISTF in Sec. 50.55a(b)(3)(ix) by removing the references to the 2011
Addenda and the 2015 Edition of the ASME OM Code. The references are
unnecessary because the NRC also proposes to amend Sec.
50.55a(a)(1)(iv)(B)(2) to remove the incorporation by reference of the
2011 Addenda and amend Sec. 50.55a(a)(1)(iv)(C)(2) to remove the
incorporation by reference of the 2015 Edition of the ASME OM Code. The
2012 Edition would become the latest edition that this condition
applies to because changes were made to the 2017 and later Editions
that allowed the NRC not to extend the condition to the newer Editions.
Section 50.55a(b)(3)(xi) OM Condition: Valve Position Indication
The NRC proposes to amend Sec. 50.55a(b)(3)(xi) for the
implementation of paragraph ISTC-3700, ``Position Verification
Testing,'' in the ASME OM Code to clarify the condition by removing the
reference to addenda of the ASME OM Code. ASME stopped publishing
addenda after the 2011 Addenda to the 2009 Edition, and the condition
applies only to the 2012 or later editions.
In addition, the NRC proposes to amend Sec. 50.55a(b)(3)(xi) to
allow schedule flexibility for valves not susceptible to stem-disk
separation by specifying that position verification testing required by
paragraph ISTC-3700 may be performed on a 10-year interval (rather than
the 2-year interval specified in ISTC-3700) where justification is
documented and available for NRC review. Such documentation would be
required to demonstrate that the stem-disk connection is not
susceptible to separation based on the internal design and evaluation
of the stem-disk connection using plant-specific and industry operating
experience, and vendor recommendations. This allows design information
and performance data to be applied in demonstrating that a valve is not
susceptible to stem-disk separation. For example, some valves with a
threaded stem-disk connection are susceptible to stem-disk separation
based on industry operating experience. In the event of unsuccessful
position verification testing, the valve would no longer be considered
to be not susceptible to stem-disk separation, and would return to the
ISTC-3700 testing interval together with the results of the extent of
condition review under the corrective action program. The ASME OM Code
committees are considering increased schedule flexibility for position
verification testing as part of a proposed Code Case. The NRC is
proposing to allow up to 10 years in this condition for valve position
verification testing in line with other 10-year/120-month testing
intervals in the ASME OM Code and Sec. 50.55a. However, the NRC is
aware that the ASME committees are considering allowing up to 12 years
as the maximum interval for valve position verification testing in a
Code Case. If that Code Case is issued before the final rule is
published, the NRC may adopt the 12-year maximum interval in that Code
Case.
Section 50.55a(f)(4): Inservice Testing Standards Requirement for
Operating Plants
The NRC proposes to modify Sec. 50.55a(f)(4) to clarify the
relationship between Sec. 50.55a(f)(4) and (g)(4) regarding the IST or
ISI programs for dynamic restraints (snubbers). In the 2006 Addenda of
the BPV Code, Section XI, ASME moved the requirements for snubbers to
Subsection ISTD, ``Preservice and Inservice Requirements for Dynamic
Restraints (Snubbers) in Water-Cooled Reactor Nuclear Power Plants,''
of the OM Code. The NRC proposes to include provisions in this
paragraph that for dynamic restraints (snubbers), inservice
examination, testing, and service life monitoring must meet the
inservice examination and testing requirements set forth in the
applicable ASME OM Code or ASME BPV Code, Section XI, as specified in
Sec. 50.55a(b)(3)(v)(A) and (B). When using the 2006 Addenda or later
of the ASME BPV Code, Section XI, the inservice examination, testing,
and service life monitoring requirements for dynamic restraints
(snubbers) must meet the requirements set forth in the applicable ASME
OM Code as specified in Sec. 50.55a(b)(3)(v)(B). When using the 2005
Addenda or earlier edition or addenda of the ASME BPV Code, Section XI,
the inservice examination, testing, and service life monitoring
requirements for dynamic restraints (snubbers) must meet the
requirements set forth in either the applicable ASME OM Code or ASME
BPV Code, Section XI, as specified in Sec. 50.55a(b)(3)(v). This
change to Sec. 50.55a(f)(4), coupled with the change to Sec.
50.55a(g)(4), clarifies the applicability of the inservice examination,
testing, and service life monitoring requirements for dynamic
restraints (snubbers) with either the ASME OM Code or ASME BPV Code,
Section XI.
Section 50.55a(f)(7), Inservice Testing Reporting Requirements
The NRC proposes to add Sec. 50.55a(f)(7) to require nuclear power
plant applicants and licensees to submit their IST Plans and interim
IST Plan updates related to pumps and valves, and IST Plans and interim
Plan updates related to snubber examination and testing to the NRC.
The ASME OM Code editions prior to the 2020 Edition state in
paragraph (a) of ISTA-3200, ``Administrative Requirements,'' that ``IST
Plans shall be filed with the regulatory authorities having
jurisdiction at the plant site.'' However, the ASME has removed this
provision from the 2020 Edition of the ASME OM Code, asserting this
provision is more appropriate as a regulatory requirement rather than a
Code requirement. The NRC needs these IST Plans for use in evaluating
relief and alternative requests and to review deferral of quarterly
testing to cold shutdowns and refueling outages. Therefore, the
proposed condition retains a requirement from previous editions of the
ASME OM Code.
Section 50.55a(g)(4), Inservice Inspection Standards Requirement for
Operating Plants
The NRC proposes to modify Sec. 50.55a(g)(4) to parallel proposed
revisions to Sec. 50.55a(f)(4) to clarify the relationship between
Sec. 50.55a(f)(4) and (g)(4) regarding the IST and ISI programs for
dynamic restraints (snubbers). This change to Sec. 50.55a(g)(4),
coupled with the change to Sec. 50.55a(f)(4), clarifies the
applicability of the inservice examination, testing, and service life
monitoring requirements for dynamic restraints (snubbers) with either
the ASME OM Code or ASME BPV Code, Section XI.
As discussed in public meetings on August 21, 2020, September 24,
2020, and January 19, 2021, the NRC also considered revising Sec.
50.55a(g)(4) to clarify requirements for operational leakage. (Meeting
summaries for the first two are available at ADAMS Accession Nos.
ML20265A083 and ML20338A553; the summary for the January meeting is not
yet available). The intent of the revision being considered was to
clarify that ASME Code methodologies, or approved alternatives, must be
used to evaluate structural integrity when operational leakage occurs
regardless of the plant operating state during which the through-wall
leakage is discovered. This has been the NRC's longstanding
[[Page 16097]]
position on this issue. Because there is no change in agency position
or interpretation of this requirement, the NRC determined that the
issuance of a generic communication, rather than a rule change, should
be sufficient to communicate the agency's requirements. Therefore, the
NRC decided not to propose revisions to clarify the existing
operational leakage requirements in the proposed rule. The NRC will
follow its established procedures for development of any generic
communications, including appropriate opportunities for stakeholder
input.
IV. Section-by-Section Analysis
Paragraph (a)(1)(i)(E)
This proposed rule would revise paragraphs (a)(1)(i)(E)(18) and
(19) and add new paragraph (a)(1)(i)(E)(20) to include the 2019 Edition
of the ASME BPV Code.
Paragraph (a)(1)(ii)(A)
This proposed rule would remove and reserve paragraph
(a)(1)(ii)(A).
Paragraph (a)(1)(ii)(B)
This proposed rule would revise paragraph (a)(1)(ii)(B) and remove
paragraphs (a)(1)(ii)(B)(5) through (7).
Paragraph (a)(1)(ii)(C)
This proposed rule would remove and reserve paragraphs
(a)(1)(ii)(C)(1) through (32) and paragraphs (a)(1)(ii)(C)(37) through
(40), revise paragraphs (a)(1)(ii)(C)(54) and (55), and add new
paragraph (a)(1)(ii)(C)(56) to include the 2019 Edition of the ASME BPV
Code.
Paragraph (a)(1)(iv)
This proposed rule would revise paragraph (a)(1)(iv)(B)(1) and
remove and reserve paragraph (a)(1)(iv)(B)(2) and it would revise
paragraphs (a)(1)(iv)(C)(2) and (3) to replace the 2015 Edition with
the 2017 Edition and the 2017 Edition with the 2020 Edition of the ASME
OM Code, respectively.
Paragraph (a)(1)(v)(B)
This proposed rule would revise paragraphs (a)(1)(v)(B)(2) and (3)
and add new paragraphs (a)(1)(v)(B)(4) through (6) to include the 2011
addenda, and the 2012 and the 2015 Editions of the ASME NQA-1 Code.
Paragraph (b)(1)
This proposed rule would revise paragraphs (b)(1) introductory
text, Table 1 in paragraphs (b)(1)(ii), (iii), and (iv) to retain the
applicability to users of the latest edition incorporated by reference
in paragraph (a)(1)(i). It would also revise paragraph (b)(1)(iv) to
include the use of the 2015 Edition of NQA-1 and paragraph (b)(1)(x)
introductory text and paragraphs (b)(1)(x)(A) and (B) to add ``through
the latest edition and addenda incorporated by reference in paragraph
(a)(1)(i).'' New paragraph (b)(1)(xiii) introductory text and
paragraphs (b)(1)(xiii)(A) and (B) which apply to preservice inspection
of steam generator tubes would also be added.
Paragraph (b)(2)
This proposed rule would revise paragraph (b)(2) introductory text
to retain the applicability to users of the latest edition incorporated
by reference in paragraph (a)(1)(ii).
Paragraph (b)(2)(viii)
This proposed rule would remove and reserve paragraphs
(b)(2)(viii)(A) through (D).
Paragraph (b)(2)(ix)
This proposed rule would revise paragraph (b)(2)(ix) to remove
references to Section XI editions and addenda prior to the 2001 Edition
and to retain the applicability to users of the latest edition
incorporated by reference in paragraph (a)(1)(ii). This proposed rule
would also revise paragraph (b)(2)(ix)(B) to remove references to
Section XI editions and addenda prior to the 2001 Edition. This
proposed rule would also remove and reserve paragraphs (b)(2)(ix)(C)
through (E).
Paragraph (b)(2)(x)
This proposed rule would revise paragraph (b)(2)(x) to include the
use of NQA-1b-2011 Addenda to NQA-1-2008 Edition, and the 2012 and the
2015 Editions of NQA-1. The proposed rule would also remove the
reference to IWA-1400.
Paragraph (b)(2)(xii)
This proposed rule would revise paragraph (b)(2)(xii) to replace
the reference to Section XI, 1997 Addenda with the reference to Section
XI, 2001 Edition.
Paragraph (b)(2)(xiv)
This proposed rule would revise paragraph (b)(2)(xiv) to replace
the reference to the 1999 Addenda with the reference to the 2001
Edition.
Paragraph (b)(2)(xv)
This proposed rule would revise paragraph (b)(2)(xv) to remove the
phrase ``the 1995 Edition through.''
Paragraph (b)(2)(xviii)
This proposed rule would revise paragraph (b)(2)(xviii) to remove
references to Section XI editions and addenda prior to the 2001 Edition
and to retain the applicability to users of the latest edition
incorporated by reference in paragraph (a)(1)(ii). This proposed rule
would also revise paragraph (b)(2)(xviii)(D) to add an option to allow
the requirement in the 2019 Edition, Appendix VII, Table VII-4110-1 as
an alternative to Table VII-4110-1 and Appendix VIII, Subarticle VIII-
2200.
Paragraph (b)(2)(xix)
This proposed rule would revise paragraph (b)(2)(xix) to remove
references to Section XI editions and addenda prior to the 2001
Edition.
Paragraph (b)(2)(xx)
This proposed rule would revise paragraph (b)(2)(xx)(A) to replace
the reference to the 1997 Addenda with the reference to the 2001
Edition. This proposed rule would also revise paragraph (b)(2)(xx)(C)
to retain the applicability to users of the latest edition incorporated
by reference in paragraph (a)(1)(ii) and remove reference to IWB-
5210(c).
Paragraph (b)(2)(xxi)
This proposed rule would revise paragraph (b)(2)(xxi)(B) to retain
the applicability to users of the latest edition incorporated by
reference in paragraph (a)(1)(ii).
Paragraph (b)(2)(xxv)
This proposed rule would revise paragraph (b)(2)(xxv) introductory
text and revise paragraph (b)(2)(xxv)(B) to extend the applicability to
users of the latest edition incorporated by reference in paragraph
(a)(1)(ii). This proposed rule would also revise paragraph
(b)(2)(xxv)(B)(2) to provide an alternative by allowing loss of
material rates to be measured at an alternative location with similar
corrosion conditions, similar flow characteristics, and the same piping
configuration. This proposed rule would also revise paragraph
(b)(2)(xxv)(B)(3) to delete the refueling outage interval examination
requirement and only require the examination to occur at half the
modification's expected life or, if the modification has an expected
life greater than 19 years, once per interval. This proposed rule would
also revise paragraph (b)(2)(xxv)(B)(3)(i) to make editorial changes
and revise paragraph (b)(2)(xxv)(B)(3)(ii) to include a provision that
would allow an extension of the required inspection if the modification
location is recoated prior to backfill.
[[Page 16098]]
Paragraph (b)(2)(xxvi)
This proposed rule would revise paragraph (b)(2)(xxvi) to remove
the requirements for pressure testing in accordance with IWA-5211(a)
and NDE examination. This proposed rule would also revise paragraph
(b)(2)(xxvi) to add a requirement for the owner to establish the type
of leak test, test medium, test pressure, and acceptance criteria that
would demonstrate the joint's leak tightness.
Paragraph (b)(2)(xxix)
This proposed rule would revise paragraph (b)(2)(xxix) to add
paragraphs (b)(2)(xxix)(A), (B), and (C) to allow the use of Supplement
2 of Nonmandatory Appendix R of Section XI in the 2017 and 2019
Editions without submittal of an alternative in accordance with Sec.
50.55a(z).
Paragraph (b)(2)(xxxii)
This proposed rule would revise the reporting requirements in
paragraph (b)(2)(xxxii) to extend the timeframe for submittal of
Summary Reports or Owner Activity Reports to 120 days.
Paragraph (b)(2)(xxxvi)
This proposed rule would revise paragraph (b)(2)(xxxvi) to retain
applicability to users of the latest edition incorporated by reference
in paragraph (a)(1)(ii).
Paragraph (b)(2)(xxxix)
This proposed rule would revise paragraph (b)(2)(xxxix) to retain
applicability to users of the latest edition incorporated by reference
in paragraph (a)(1)(ii).
Paragraph (b)(2)(xl)
This proposed rule would revise paragraph (b)(2)(xl) to extend
applicability to users of the latest edition incorporated by reference
in paragraph (a)(1)(ii) and to extend the prohibitions and restrictions
on the use of certain characteristics of high-strength steels in IWB-
3510.4(b) to IWC-3510.5(b), Table A-4200-1, and Table G-2110-1 in the
2020 Edition of ASME Code, Section XI.
Paragraph (b)(2)(xliii)
This proposed rule would add new paragraph (b)(2)(xliii) to require
submission of certain analyses to the NRC for review.
Paragraph (b)(3)
This proposed rule would revise paragraph (b)(3) to remove
references to specific editions or addenda and to extend the
applicability to users of the latest edition incorporated by reference
in paragraph (a)(1)(iv).
Paragraph (b)(3)(iii)
This proposed rule would revise paragraph (b)(3)(iii) for clarity
of the date of application of this condition.
Paragraph (b)(3)(iv)
This proposed rule would revise paragraph (b)(3)(iv) to update the
conditions for use of Appendix II of the ASME OM Code, 2003 Addenda
through the 2012 Edition and revise the paragraph for clarity.
Paragraph (b)(3)(vii)
This proposed rule would remove and reserve paragraph (b)(3)(vii).
Paragraph (b)(3)(viii)
This proposed rule would revise paragraph (b)(3)(viii) to prevent
it from applying to editions later than the 2017 Edition of the ASME OM
Code.
Paragraph (b)(3)(ix)
This proposed rule would revise paragraph (b)(3)(ix) to remove the
reference to Subsection ISTF of the 2011 Addenda and 2015 Edition.
Paragraph (b)(3)(xi)
This proposed rule would revise paragraph (b)(3)(xi) to remove
reference to ASME OM Code addenda, revise the paragraph for clarity,
and allow increased flexibility in the schedule for position
verification testing of valves not susceptible to stem-disk separation.
Paragraph (f)(4)
This proposed rule would revise paragraph (f)(4) to clarify the
relationship between paragraphs (f)(4) and (g)(4) regarding the IST and
ISI programs for dynamic restraints.
Paragraph (f)(7)
This proposed rule would add new paragraph (f)(7) to include the
requirements for inservice testing reporting.
Paragraph (g)(4)
This proposed rule would revise paragraph (g)(4) to clarify the
relationship between paragraphs (f)(4) and (g)(4) regarding the IST and
ISI programs for dynamic restraints.
V. Generic Aging Lessons Learned Report
Background
In December 2010, the NRC issued ``Generic Aging Lessons Learned
(GALL) Report,'' NUREG-1801, Revision 2 (ADAMS Accession No.
ML103490041), for applicants to use in preparing license renewal
applications. The GALL Report provides aging management programs (AMPs)
that the NRC has concluded are sufficient for aging management in
accordance with the license renewal rule, as required in Sec.
54.21(a)(3). In addition, ``Standard Review Plan for Review of License
Renewal Applications for Nuclear Power Plants,'' NUREG-1800, Revision 2
(ADAMS Accession No. ML103490036), was issued in December 2010, to
ensure the quality and uniformity of NRC reviews of license renewal
applications and to present a well-defined basis on which the NRC
evaluates the applicant's aging management programs and activities. In
April 2011, the NRC also issued ``Disposition of Public Comments and
Technical Bases for Changes in the License Renewal Guidance Documents
NUREG-1801 and NUREG-1800,'' NUREG-1950 (ADAMS Accession No.
ML11116A062), which describes the technical bases for the changes in
Revision 2 of the GALL Report and Revision 2 of the standard review
plan (SRP) for review of license renewal applications.
Revision 2 of the GALL Report, in Sections XI.M1, XI.S1, XI.S2,
XI.M3, XI.M5, XI.M6, XI.M11B and XI.S3, describes the evaluation and
technical bases for determining the sufficiency of ASME BPV Code
Subsections IWB, IWC, IWD, IWE, IWF, or IWL for managing aging during
the period of extended operation (i.e., up to 60 years of operation).
In addition, many other AMPs in the GALL Report rely, in part but to a
lesser degree, on the requirements specified in the ASME BPV Code,
Section XI. Revision 2 of the GALL Report also states that the 1995
Edition through the 2004 Edition of the ASME BPV Code, Section XI,
Subsections IWB, IWC, IWD, IWE, IWF, or IWL, as modified and limited by
Sec. 50.55a, were found to be acceptable editions and addenda for
complying with the requirements of Sec. 54.21(a)(3), unless
specifically noted in certain sections of the GALL Report. The GALL
Report further states that future Federal Register documents that amend
Sec. 50.55a will discuss the acceptability of editions and addenda
more recent than the 2004 Edition for their applicability to license
renewal. In a final rule issued on June 21, 2011 (76 FR 36232),
subsequent to Revision 2 of the GALL Report, the NRC also found that
the 2004 Edition with the 2005 Addenda through the 2007 Edition with
the 2008 Addenda of Section XI of the ASME BPV Code, Subsections IWB,
IWC, IWD, IWE, IWF, or IWL, as subject to the conditions in
[[Page 16099]]
Sec. 50.55a, are acceptable for the AMPs in the GALL Report and the
conclusions of the GALL Report remain valid with the augmentations
specifically noted in the GALL Report. In a final rule issued on July
18, 2017 (82 FR 32934), the NRC further finds that the 2009 Addenda
through the 2017 Edition of Section XI of the ASME BPV Code,
Subsections IWB, IWC, IWD, IWE, IWF, or IWL, as subject to the
conditions in Sec. 50.55a, will be acceptable for the AMPs in the GALL
Report. Also, in a final rule issued on May 4, 2020 (85 FR 26540), the
NRC further finds that Subsections IWB, IWC, IWD, IWE, IWF, or IWL of
Section XI of the 2015 Edition and the 2017 Edition of the ASME BPV
Code, as subject to the conditions in Sec. 50.55a, will be acceptable
for the AMPs in the GALL Report.
In July 2017, the NRC issued ``Generic Aging Lessons Learned for
Subsequent License Renewal (GALL-SLR) Report,'' NUREG-2191 (ADAMS
Accession Nos. ML17187A031 and ML17187A204), for applicants to use in
preparing applications for subsequent license renewal. The GALL-SLR
Report provides AMPs that are sufficient for aging management for the
subsequent period of extended operation (i.e., up to 80 years of
operation), as required in Sec. 54.21(a)(3). The NRC also issued
``Standard Review Plan for Review of Subsequent License Renewal
Applications for Nuclear Power Plants'' (SRP-SLR), NUREG-2192 in July
2017 (ADAMS Accession No. ML17188A158). In a similar manner as the GALL
Report does, the GALL-SLR Report, in Sections XI.M1, XI.S1, XI.S2,
XI.M3, XI.11B, and XI.S3, describes the evaluation and technical bases
for determining the sufficiency of ASME BPV Code Subsections IWB, IWC,
IWD, IWE, IWF, or IWL for managing aging during the subsequent period
of extended operation. Many other AMPs in the GALL-SLR Report rely, in
part but to a lesser degree, on the requirements specified in the ASME
BPV Code, Section XI. The GALL-SLR Report also indicates that the 1995
Edition through the 2013 Edition of the ASME BPV Code, Section XI,
Subsections IWB, IWC, IWD, IWE, IWF, or IWL, as subject to the
conditions in Sec. 50.55a, are acceptable for complying with the
requirements of Sec. 54.21(a)(3), unless specifically noted in certain
sections of the GALL-SLR Report.
Evaluation With Respect to Aging Management
As part of this proposed rule, the NRC evaluated whether those AMPs
in the GALL Report and GALL-SLR Report that rely upon Subsections IWB,
IWC, IWD, IWE, IWF, or IWL of Section XI in the editions and addenda of
the ASME BPV Code incorporated by reference into Sec. 50.55a, in
general continue to be acceptable if the AMP relies upon these
Subsections in the 2019 Edition. The NRC finds that the 2019 Edition of
Section XI of the ASME BPV Code, Subsections IWB, IWC, IWD, IWE, IWF,
or IWL, as subject to the conditions of this proposed rule, are
acceptable for the AMPs in the GALL Report and GALL-SLR Report with the
exception of augmentation, as specifically noted in those reports, and
the NRC finds that the conclusions of the GALL Report and GALL-SLR
Report remain valid. Accordingly, an applicant for license renewal
(including subsequent license renewal) may use, in its plant-specific
license renewal application, Subsections IWB, IWC, IWD, IWE, IWF, or
IWL of Section XI of the 2019 Edition of the ASME BPV Code, as subject
to the conditions in this proposed rule, without additional
justification. Similarly, a licensee approved for license renewal that
relied on the AMPs may use Subsections IWB, IWC, IWD, IWE, IWF, or IWL
of Section XI of the 2019 Edition of the ASME BPV Code. However,
applicants must assess and follow applicable NRC requirements with
regard to licensing basis changes and evaluate the possible impact on
the elements of existing AMPs.
Some of the AMPs in the GALL Report and GALL-SLR Report recommend
augmentation of certain Code requirements in order to ensure adequate
aging management for license renewal. The technical and regulatory
aspects of the AMPs for which augmentations are recommended also apply
if the 2019 Edition of Section XI of the ASME BPV Code is used to meet
the requirements of Sec. 54.21(a)(3). The NRC evaluated the changes in
the 2019 Edition of Section XI of the ASME BPV Code to determine if the
augmentations described in the GALL Report and GALL-SLR Report remain
necessary; the NRC's evaluation has concluded that the augmentations
described in the GALL and GALL-SLR Reports are necessary to ensure
adequate aging management.
For example, GALL-SLR Report AMP XI.S3, ``ASME Section XI,
Subsection IWF'', recommends that volumetric examination consistent
with that of the ASME BPV Code, Section XI, Table IWB-2500-1,
Examination Category B-G-1 should be performed to detect cracking for
high strength structural bolting (actual measured yield strength
greater than or equal to 150 kilopound per square inch (ksi)) in sizes
greater than 1 inch nominal diameter. The GALL-SLR Report also
indicates that this volumetric examination may be waived with adequate
plant-specific justification. This guidance for aging management in the
GALL-SLR Report is the augmentation of the visual examination specified
in Subsection IWF of the 2019 Edition of the ASME BPV Code, Section XI.
A license renewal applicant may either augment its AMPs as
described in the GALL Report and GALL-SLR Report (for operation up to
60 and 80 years respectively), or propose alternatives for the NRC to
review as part of the applicant's plant-specific justification for its
AMPs.
VI. 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.
VII. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113 (NTTAA), and implementing guidance in U.S. Office of
Management and Budget (OMB) Circular A-119 (revised on January 27,
2016), 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. The NTTAA requires Federal agencies to use
industry consensus standards to the extent practical; it does not
require Federal agencies to endorse a standard in its entirety. Neither
the NTTAA nor Circular A-119 prohibit an agency from adopting a
voluntary consensus standard while taking exception to specific
portions of the standard, if those provisions are deemed to be
``inconsistent with applicable law or otherwise impractical.''
Furthermore, taking specific exceptions furthers the Congressional
intent of Federal reliance on voluntary consensus standards because it
allows the adoption of substantial portions of consensus standards
without the need to reject the standards in their entirety because of
limited provisions that are not acceptable to the agency.
In this proposed rule, the NRC is continuing its existing practice
of establishing requirements for the design,
[[Page 16100]]
construction, operation, ISI (examination) and IST of nuclear power
plants by approving the use of the latest editions and addenda of the
ASME BPV and OM Codes (ASME Codes) in Sec. 50.55a. The ASME Codes are
voluntary consensus standards, developed by participants with broad and
varied interests, in which all interested parties (including the NRC
and licensees of nuclear power plants) participate. Therefore, the
NRC's incorporation by reference of the ASME Codes is consistent with
the overall objectives of the NTTAA and OMB Circular A-119.
As discussed in Section III of this document, this proposed rule
would condition the use of certain provisions of the 2019 Edition to
the ASME BPV Code, Section III, Division 1 and the ASME BPV Code,
Section XI, Division 1, as well as the 2020 Edition to the ASME OM
Code. In addition, the NRC proposes not to adopt (exclude) certain
provisions of the ASME Codes as discussed in this document, and in the
regulatory and backfit analysis for this proposed rule. The NRC finds
that this proposed rule complies with the NTTAA and OMB Circular A-119
despite these conditions and ``exclusions.''
If the NRC did not conditionally accept the ASME editions, addenda,
and code cases, the NRC would disapprove them entirely. The effect
would be that licensees and applicants would submit a larger number of
requests for the use of alternatives under Sec. 50.55a(z), requests
for relief under Sec. 50.55a(f) and (g), or requests for exemptions
under Sec. 50.12 and/or Sec. 52.7. These requests would likely
include broad-scope requests for approval to issue the full scope of
the ASME Code editions and addenda which would otherwise be approved as
proposed in this proposed rule (i.e., the request would not be simply
for approval of a specific ASME Code provision with conditions). These
requests would be an unnecessary additional burden for both the
licensee and the NRC, inasmuch as the NRC has already determined that
the ASME Codes and Code Cases that are the subject of this proposed
rule are acceptable for use (in some cases with conditions). For these
reasons, the NRC concludes that this proposed rule's treatment of ASME
Code editions and addenda, and code cases and any conditions placed on
them does not conflict with any policy on agency use of consensus
standards specified in OMB Circular A-119.
The NRC did not identify any other voluntary consensus standards
developed by U.S. voluntary consensus standards bodies for use within
the U.S. that the NRC could incorporate by reference instead of the
ASME Codes. The NRC also did not identify any voluntary consensus
standards developed by multinational voluntary consensus standards
bodies for use on a multinational basis that the NRC could incorporate
by reference instead of the ASME Codes. The NRC identified codes
addressing the same subject as the ASME Codes for use in individual
countries. At least one country, Korea, directly translated the ASME
Code for use in that country. In other countries (e.g., Japan), the
ASME Codes were the basis for development of the country's codes, but
the ASME Codes were substantially modified to accommodate that
country's regulatory system and reactor designs. Finally, there are
countries (e.g., the Russian Federation) where that country's code was
developed without regard to the ASME Code. However, some of these codes
may not meet the definition of a voluntary consensus standard because
they were developed by the state rather than a voluntary consensus
standards body. Evaluation by the NRC of the countries' codes to
determine whether each code provides a comparable or enhanced level of
safety when compared against the level of safety provided under the
ASME Codes would require a significant expenditure of agency resources.
This expenditure does not seem justified, given that substituting
another country's code for the U.S. voluntary consensus standard does
not appear to substantially further the apparent underlying objectives
of the NTTAA.
In summary, this proposed rule satisfies the requirements of the
NTTAA and OMB Circular A-119.
VIII. Incorporation by Reference--Reasonable Availability to Interested
Parties
The NRC proposes to incorporate by reference two recent editions to
the ASME Codes for nuclear power plants. The NRC is also proposing to
incorporate by reference the 2011 Addenda to ASME NQA-1-2008, Quality
Assurance Requirements for Nuclear Facility Applications (ASME NQA-1b-
2011), and the 2012 and 2015 Editions of ASME NQA-1, Quality Assurance
Requirements for Nuclear Facility Applications. As described in the
``Background'' and ``Discussion'' sections of this document, these
materials contain standards for the design, fabrication, and inspection
of nuclear power plant components.
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 Sec. 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 but vary with respect to the
considerations for determining reasonable availability. Therefore, the
NRC distinguishes between different classes of interested parties for
the purposes of determining whether the material is ``reasonably
available.'' The NRC considers the following to be classes of
interested parties in NRC rulemakings with regard to the material to be
incorporated by reference:
Individuals and small entities regulated or otherwise
subject to the NRC's regulatory oversight (this class also includes
applicants and potential applicants for licenses and other NRC
regulatory approvals) and who are subject to the material to be
incorporated by reference by rulemaking. In this context, ``small
entities'' has the same meaning as a ``small entity'' under Sec.
2.810.
Large entities otherwise subject to the NRC's regulatory
oversight (this class also includes applicants and potential applicants
for licenses and other NRC regulatory approvals) and who are subject to
the material to be incorporated by reference by rulemaking. In this
context, ``large entities'' are those that do 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 \3\ Indian
tribes.
---------------------------------------------------------------------------
\3\ State-recognized Indian tribes are not within the scope of
Sec. 2.315(c). However, for purposes of the NRC's compliance with 1
CFR 51.5, ``interested parties'' includes a broad set of
stakeholders, including State-recognized Indian tribes.
---------------------------------------------------------------------------
[[Page 16101]]
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) who may wish to gain access
to the materials that the NRC proposes to incorporate by reference by
rulemaking in order to participate in the rulemaking process.
The Technical Library, where you may examine industry codes and
standards, is currently closed. You may submit your request to the
Technical Library via email at [email protected] between 8:00
a.m. and 4:00 p.m. (EST), Monday through Friday, except Federal
holidays.
Interested parties may purchase a copy of the ASME materials from
ASME at Three Park Avenue, New York, NY 10016, or at the ASME website
https://www.asme.org/shop/standards. The materials are also accessible
through third-party subscription services such as IHS (15 Inverness Way
East, Englewood, CO 80112; https://global.ihs.com) and Thomson Reuters
Techstreet (3916 Ranchero Dr., Ann Arbor, MI 48108; https://www.techstreet.com). The purchase prices for individual documents range
from $225 to $720 and the cost to purchase all documents is
approximately $9,000.
For the class of interested parties constituting members of the
general public who wish to gain access to the materials to be
incorporated by reference in order to participate in the rulemaking,
the NRC recognizes that the $9,000 cost may be so high that the
materials could be regarded as not reasonably available for purposes of
commenting on this proposed rule, despite the NRC's actions to make the
materials available at the NRC's PDR. Accordingly, the NRC requested
that ASME consider enhancing public access to these materials during
the public comment period (ADAMS Accession No. ML20127H677). On April
14, 2020, the ASME agreed to make the materials available online in a
read-only electronic access format during the public comment period
(ADAMS Accession No. ML20127H684). Therefore, the two editions to the
ASME Codes for nuclear power plants, the 2011 Addenda to ASME NQA-1-
2008, and the 2012 and 2015 Editions of ASME NQA-1 that the NRC
proposes to incorporate by reference in this rulemaking are available
in read-only format at the ASME website http://go.asme.org/NRC-ASME.
The materials are available to all interested parties in multiple
ways and in a manner consistent with their interest in this proposed
rule. Therefore, the NRC concludes that the materials the NRC proposes
to incorporate by reference in this proposed rule are reasonably
available to all interested parties.
IX. Environmental Assessment and Final Finding of No Significant
Environmental Impact
This proposed rule action is in accordance with the NRC's policy to
incorporate by reference in Sec. 50.55a new editions and addenda of
the ASME BPV and OM Codes to provide updated rules for constructing and
inspecting components and testing pumps, valves, and dynamic restraints
(snubbers) in light-water nuclear power plants. The ASME Codes are
national voluntary consensus standards and are required by the NTTAA to
be used by Government agencies unless the use of such a standard is
inconsistent with applicable law or otherwise impractical. The National
Environmental Policy Act (NEPA) requires Federal agencies to study the
impacts of their ``major Federal actions significantly affecting the
quality of the human environment,'' and prepare detailed statements on
the environmental impacts of the proposed action and alternatives to
the proposed action (42 U.S.C. 4332(c); NEPA Sec. 102(C)).
The NRC has determined under NEPA, as amended, and the NRC's
regulations in subpart A of 10 CFR part 51, that this proposed rule is
not a major Federal action significantly affecting the quality of the
human environment and, therefore, an environmental impact statement is
not required. The rulemaking does not significantly increase the
probability or consequences of accidents, no changes are being made in
the types of effluents that may be released off-site, and there is no
significant increase in public radiation exposure. The NRC concludes
that the increase in occupational exposure would not be significant.
This proposed rule does not involve non-radiological plant effluents
and has no other environmental impact. Therefore, no significant non-
radiological impacts are associated with this action. The determination
of this environmental assessment is that there will be no significant
off-site impact to the public from this action.
X. Paperwork Reduction Act Statement
This proposed rule contains new or amended collections of
information 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 for review and approval of the information
collections.
Type of submission, new or revision: Revision.
The title of the information collection: Domestic Licensing of
Production and Utilization Facilities: Incorporation by Reference of
American Society of Mechanical Engineers Codes and Code Cases.
The form number if applicable: Not applicable.
How often the collection is required or requested: On occasion.
Who will be required or asked to respond: Power reactor licensees
and applicants for power reactors under construction.
An estimate of the number of annual responses: -22 (reduction).
The estimated number of annual respondents: -22 (reduction).
An estimate of the total number of hours needed annually to comply
with the information collection requirement or request: -5,280
(reduction or reporting hours).
Abstract: This proposed rule is the latest in a series of
rulemakings to amend the NRC's regulations to incorporate by reference
revised and updated ASME Codes for nuclear power plants.
The U.S. Nuclear Regulatory Commission 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 (Accession Nos. ML20178A449 and ML20178A439) 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 https://www.regulations.gov under Docket ID NRC-2018-0290.
[[Page 16102]]
You may submit comments on any aspect of these proposed information
collection(s), including suggestions for reducing the burden and on the
previously stated issues, by the following methods:
Federal Rulemaking Website: https://www.regulations.gov/
and search for Docket ID NRC-2018-0290.
Mail comments to: FOIA, Library, and Information
Collections Branch, Office of the Chief Information Officer, Mail Stop:
T6-A10M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001
or to the OMB reviewer at: OMB Office of Information and Regulatory
Affairs (3150-0011), Attn: Desk Officer for the Nuclear Regulatory
Commission, 725 17th Street NW, Washington, DC 20503; email:
[email protected].
Submit comments by April 26, 2021. 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 collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
XI. Regulatory Analysis
The NRC has prepared a draft regulatory analysis on this proposed
rule. The analysis examines the costs and benefits of the alternatives
considered by the Commission. The NRC requests public comments on the
draft regulatory analysis, (ADAMS Accession No. ML20178A448). Comments
on the draft analysis may be submitted to the NRC by any method
provided in the ADDRESSES section of this document.
XII. Backfitting and Issue Finality
Introduction
The NRC's Backfit Rule in Sec. 50.109 states that the NRC shall
require the backfitting of a facility only when it finds the action to
be justified under specific standards stated in the rule. Section
50.109(a)(1) defines backfitting as the modification of or addition to
systems, structures, components, or design of a facility; the design
approval or manufacturing license for a facility; or the procedures or
organization required to design, construct, or operate a facility. Any
of these modifications or additions may result from a new or amended
provision in the NRC's rules or the imposition of a regulatory position
interpreting the NRC's rules that is either new or different from a
previously applicable NRC position after issuance of the construction
permit or the operating license or the design approval.
Section 50.55a requires nuclear power plant licensees to:
Construct ASME BPV Code Class 1, 2, and 3 components in
accordance with the rules provided in Section III, Division 1, of the
ASME BPV Code (``Section III'').
Inspect, examine, and repair or replace Class 1, 2, 3,
Class MC, and Class CC components in accordance with the rules provided
in Section XI, Division 1, of the ASME BPV Code (``Section XI'').
Test Class 1, 2, and 3 pumps and valves in accordance with
the rules provided in the ASME OM Code.
Inspect, examine, repair or replace, and test Class 1, 2,
and 3 dynamic restraints (snubbers) in accordance with the rules
provided in either the ASME OM Code or Section XI, depending on the
Code Edition.
This rulemaking proposes to incorporate by reference the 2019
Edition to the ASME BPV Code, Section III, Division 1 and ASME BPV
Code, Section XI, Division 1, as well as the 2020 Edition to the ASME
OM Code.
The ASME BPV and OM Codes are national consensus standards
developed by participants with broad and varied interests, in which all
interested parties (including the NRC and utilities) participate. A
consensus process involving a wide range of stakeholders is consistent
with the NTTAA, inasmuch as the NRC has determined that there are sound
regulatory reasons for establishing regulatory requirements for design,
maintenance, ISI, and IST by rulemaking. The process also facilitates
early stakeholder consideration of backfitting issues. Thus, the NRC
finds that the NRC need not address backfitting with respect to the
NRC's general practice of incorporating by reference updated ASME
Codes.
Overall Backfitting Considerations: Section III of the ASME BPV Code
Incorporation by reference of more recent editions and addenda of
Section III of the ASME BPV Code does not affect a plant that has
received a construction permit or an operating license or a design that
has been approved. This is because the edition and addenda to be used
in constructing a plant are, under Sec. 50.55a, determined based on
the date of the construction permit or combined license, and are not
changed thereafter, except voluntarily by the licensee. The
incorporation by reference of more recent editions and addenda of
Section III ordinarily applies only to applicants after the effective
date of the final rule incorporating these new editions and addenda.
Thus, incorporation by reference of a more recent edition and addenda
of Section III does not constitute ``backfitting'' as defined in Sec.
50.109(a)(1).
Overall Backfitting Considerations: Section XI of the ASME BPV Code and
the ASME OM Code
Incorporation by reference of more recent editions and addenda of
Section XI of the ASME BPV Code and the ASME OM Code affects the ISI
and IST programs of operating reactors. However, the Backfit Rule
generally does not apply to incorporation by reference of later
editions and addenda of the ASME BPV Code (Section XI) and OM Code. As
previously mentioned, the NRC's longstanding regulatory practice has
been to incorporate later versions of the ASME Codes into Sec. 50.55a.
Under Sec. 50.55a, licensees shall revise their ISI and IST programs
every 120 months to the latest edition and addenda of Section XI of the
ASME BPV Code and the ASME OM Code incorporated by reference into Sec.
50.55a 18 months before the start of a new 120-month ISI and IST
interval. Thus, when the NRC approves and requires the use of a later
version of the Code for ISI and IST, it is implementing this
longstanding regulatory practice and requirement. In this rulemaking,
the NRC's proposal to eliminate some older Section XI editions and
addenda from the regulations these revisions would not be a backfit
because the editions and addenda of codes being removed are no longer
in use or available for use by licensees.
Other circumstances where the NRC does not apply the Backfit Rule
to the approval and requirement to use later Code editions and addenda
are as follows:
1. When the NRC takes exception to a later ASME BPV Code or OM Code
provision but merely retains the current existing requirement,
prohibits the use of the later Code provision, limits the use of the
later Code provision, or supplements the provisions in a later Code,
the Backfit Rule does not apply because the NRC is not imposing new
requirements. However, the NRC explains any such exceptions to the Code
in the preamble to and regulatory analysis for the rule.
2. When an NRC exception relaxes an existing ASME BPV Code or OM
Code provision but does not prohibit a licensee from using the existing
Code provision, the Backfit Rule does not
[[Page 16103]]
apply because the NRC is not imposing new requirements.
3. Modifications and limitations imposed during previous routine
updates of Sec. 50.55a have established a precedent for determining
which modifications or limitations are backfits, or require a backfit
analysis (e.g., final rule dated September 10, 2008 (73 FR 52731), and
a correction dated October 2, 2008 (73 FR 57235)). The application of
the backfit requirements to modifications and limitations in the
current rule are consistent with the application of backfit
requirements to modifications and limitations in previous rules.
The incorporation by reference and adoption of a requirement
mandating the use of a later ASME BPV Code or OM Code may constitute
backfitting in some circumstances. In these cases, the NRC would
perform a backfit analysis or documented evaluation in accordance with
Sec. 50.109. These include the following:
1. When the NRC endorses a later provision of the ASME BPV Code or
OM Code that takes a substantially different direction from the
existing requirements, the action is treated as a backfit (e.g., 61 FR
41303; August 8, 1996).
2. When the NRC requires implementation of a later ASME BPV Code or
OM Code provision on an expedited basis, the action is treated as a
backfit. This applies when implementation is required sooner than it
would be required if the NRC simply endorsed the Code without any
expedited language (e.g., 64 FR 51370; September 22, 1999).
3. When the NRC takes an exception to an ASME BPV Code or OM Code
provision and imposes a requirement that is substantially different
from the existing requirement as well as substantially different from
the later Code (e.g., 67 FR 60529; September 26, 2002).
Detailed Backfitting Discussion: Proposed Changes Beyond Those
Necessary To Incorporate by Reference the New ASME BPV and OM Code
Provisions
This section discusses the backfitting considerations for all the
proposed changes to Sec. 50.55a that go beyond the minimum changes
necessary and required to adopt the new ASME Code Addenda into Sec.
50.55a.
ASME BPV Code, Section III
1. Revise Sec. 50.55a(b)(1)(iv) to require that when applying
editions and addenda later than the 1989 Edition of Section III, the
requirements of NQA-1 the 1994 Edition, the 2008 Edition, the 2009-1a
Addenda to 2008 Edition and the 2015 Edition are acceptable for use,
provided that the edition and addenda of NQA-1 specified in either NCA-
4000 or NCA-7000 is used in conjunction with the administrative,
quality, and technical provisions contained in the edition and addenda
of Section III being used. This proposed revision clarifies the current
requirements and is considered to be consistent with the meaning and
intent of the current requirements, and therefore is not considered to
result in a change in requirements. As such, this proposed change is
not a backfit.
2. Add Sec. 50.55a(b)(1)(xiii)(A) through (B) to require
compliance with two new provisions related to preservice examination of
steam generator tubing. The 2017 Edition of the ASME Code contains
requirements for preservice examination of steam generator tubing,
however, the 2019 Edition does not require these preservice
examinations of steam generator tubing to be performed including the
acceptance criteria. Therefore, the NRC is adding two conditions to
ensure the tubing's structural integrity and ability to perform its
intended function along with an adequate preservice examination
baseline for future required inservice examinations. Because the new
conditions restore requirements that were removed from the latest
Edition of the ASME Code, the conditions do not constitute a new or
changed NRC position. Therefore, this change is not a backfit.
ASME BPV Code, Section XI
1. Revise Sec. 50.55a(a)(1)(ii) to remove the incorporation by
reference of the addenda 1975 Winter Addenda, 1976 Summer Addenda 1976
Winter Addenda, and the Division 1 1977 Edition through1994 Addenda and
1998 Edition through 2000 Addenda because they incorporate by reference
older editions and addenda of Section XI that are no longer in use or
available for use by licensees. The revisions do not modify the current
inservice inspection regulatory requirements and, therefore, are not
backfits.
2. Revise Sec. 50.55a(b)(2)(viii), (ix), (xii), (xiv), and (xv),
(b)(2)(xviii)(A), and (b)(2)(xix) and (xx) to be consistent with the
proposal to remove specific editions and addenda from Sec.
50.55a(a)(1)(ii). These changes do not modify current requirements and,
therefore, are not backfits.
3. Revise Sec. 50.55a(b)(2)(viii), to delete Sec.
50.55a(b)(2)(viii)(A) through (D), to be consistent with the proposal
to remove specific editions and addenda from Sec. 50.55a(a)(1)(ii).
These changes to Sec. 50.55a(b)(2)(viii) reflect the removal of
conditions that are no longer needed because they were applicable only
to the addenda and editions being removed. Therefore, this change is
not a backfit.
4. Revise Sec. 50.55a(b)(2)(ix), to delete Sec.
50.55a(b)(2)(ix)(C) through (E), to be consistent with the proposal to
remove specific editions and addenda from Sec. 50.55a(a)(1)(ii). These
changes to Sec. 50.55a(b)(2)(ix) reflect the removal of conditions
that are no longer needed because they were applicable only to the
addenda and editions being removed. Therefore, this change is not a
backfit.
5. Revise Sec. 50.55a(b)(2)(x), to remove the reference to IWA-
1400. This revision clarifies the condition because the editions of
NQA-1 are specified in Table IWA 1600-1 instead of IWA-1400. Therefore,
the revision of this condition is not a backfit.
6. Revise Sec. 50.55a(b)(2)(xviii)(D) to add an alternative to the
requirements of Table VII-4110-1 which allows NDE examiners to achieve
qualification with reduced experience hours based on hours of
laboratory practice. The proposed condition represents a relaxation in
the current requirements. Therefore, the revision of this condition is
not a backfit.
7. Revise Sec. 50.55a(b)(2)(xxv), by revising requirements
associated with: (a) Conducting wall thickness examinations at
alternative locations; and (b) follow on examination requirements for
external corrosion of buried piping.
The proposed condition represents a relaxation in the current
requirements. Therefore, the revision of this condition is not a
backfit.
8. Revise Sec. 50.55a(b)(2)(xxvi), to allow the use of a licensee
defined leak check in lieu of a Section XI pressure test and VT-2
examination of mechanical joints. The proposed condition represents a
relaxation in the current requirements and allows licensees to perform
a leak check in accordance with their post maintenance test program and
Quality Assurance program. Therefore, the revision of this condition is
not a backfit.
9. Revise Sec. 50.55a(b)(2)(xxix), to allow the use of
Nonmandatory Appendix R, Supplement 2 in the 2019 and future editions
of the code. The proposed condition represents a relaxation from the
current requirements. Therefore, the revision of this condition is not
a backfit.
10. Revise Sec. 50.55a(b)(2)(xxxii), to extend the timeframe for
licensees to submit Summary Reports and Owner Activity Reports
following completion of a refueling outage for users of the
[[Page 16104]]
2019 and future editions of the code. The proposed condition represents
a relaxation from the current requirements. Therefore, the revision of
this condition is not a backfit.
11. Revise Sec. 50.55a(b)(2)(xl) to prohibit the use of the ASME
BPV Code, Section XI, 2017 and 2019 Editions, Subparagraphs IWB-
3510.4(b)(4) and IWB-3510.4(b)(5). Further, revise Sec.
50.55a(b)(2)(xl) to prohibit the use of the ASME BPV Code, Section XI,
2019 Edition, Tables A-4200-1 and G-2110-1. The proposed updated
condition on the use of IWC-3510.5(b) and the new tables does not
constitute a new or changed NRC position. Therefore, the addition of
this proposed condition is not a backfit.
12. Add Sec. 50.55a(b)(2)(xliii) to require submittals of analyses
performed under IWB-3720, Nonmandatory Appendix A, subparagraph A-
4200(c), and Nonmandatory Appendix G, subparagraph G-2110(c). The
proposed condition on regulatory submittal requirements does not
constitute a new or changed NRC position. Therefore, the addition of
this proposed condition is not a backfit.
ASME OM Code
1. Revise Sec. 50.55a(a)(1)(iv) to remove the incorporation by
reference of the 2011 Addenda and the 2015 Edition of the ASME OM Code,
as well as make corresponding changes to Sec. 50.55a(b)(3)(iv), (vii),
and (ix) to reflect that the 2011 Addenda and the 2015 Edition are not
incorporated by reference in Sec. 50.55a. These changes remove
editions of the code that are not in use. The revisions do not modify
the current IST regulatory requirements and, therefore, are not
backfits.
2. Revise Sec. 50.55a(b)(3) to be consistent with the proposal to
remove specific editions or addenda from Sec. 50.55a(a)(1)(iv). These
changes to Sec. 50.55a(b)(3) are editorial and, therefore, are not
backfits.
3. Revise Sec. 50.55a(b)(3)(viii) to specify that the condition on
the use of Subsection ISTE applies through the 2017 Edition of the ASME
OM Code incorporated by reference in Sec. 50.55a(a)(1)(iv). This
proposed rule change would allow the use of Subsection ISTE in the 2020
Edition of the ASME OM Code without conditions and, therefore, is not a
backfit.
4. Revise Sec. 50.55a(b)(3)(xi) to allow increased flexibility in
the schedule for position verification testing of valves not
susceptible to stem-disk separation. This proposed change would allow
increased flexibility in the testing interval where justified and,
therefore, is not a backfit.
5. Revise Sec. 50.55a(f)(4) to clarify the relationship between
Sec. 50.55a(f)(4) and (g)(4) regarding the IST and ISI programs for
dynamic restraints (snubbers). This modification reflects a
clarification of Sec. 50.55a(f)(4) and (g)(4) and, therefore, is not a
backfit.
6. Add Sec. 50.55a(f)(7) to state that IST Plans and interim IST
Plan updates for pumps, valves, and dynamic restraints (snubbers) must
be submitted to the NRC. This requirement was specified in the ASME OM
Code up to the 2020 Edition, but the ASME removed this requirement from
the 2020 Edition of the ASME OM Code as more appropriate to the
regulatory authority responsibilities. Therefore, this rule change is
not a backfit because the NRC is continuing the current requirement and
is not imposing a new requirement.
7. Modify Sec. 50.55a(g)(4) to clarify the relationship between
Sec. 50.55a(f)(4) and (g)(4) regarding the IST and ISI programs for
dynamic restraints (snubbers). This modification reflects a
clarification of Sec. 50.55a(f)(4) and (g)(4) and, therefore, is not a
backfit.
Conclusion
The NRC finds that incorporation by reference into Sec. 50.55a of
the 2019 Edition of Section III, Division 1, of the ASME BPV Code
subject to the identified conditions; the 2019 Edition of Section XI,
Division 1, of the ASME BPV Code, subject to the identified conditions;
and the 2020 Edition of the ASME OM Code subject to the identified
conditions, does not constitute backfitting or represent an
inconsistency with any issue finality provisions in 10 CFR part 52.
XIV. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the
NRC certifies that this proposed rule does not impose a significant
economical impact on a substantial number of small entities. This
proposed rule affects only the licensing and operation of commercial
nuclear power plants. A licensee who is a subsidiary of a large entity
does not qualify as a small entity. The companies that own these plants
are not ``small entities'' as defined in the Regulatory Flexibility Act
or the size standards established by the NRC (Sec. 2.810), as the
companies:
Provide services that are not engaged in manufacturing,
and have average gross receipts of more than $6.5 million over their
last 3 completed fiscal years, and have more than 500 employees;
Are not governments of a city, county, town, township or
village;
Are not school districts or special districts with
populations of less than 50; and
Are not small educational institutions.
XV. Availability of Documents
The NRC is making the documents identified in Table 1 available to
interested persons through one or more of the following methods, as
indicated. To access documents related to this action, see the
ADDRESSES section of this document.
Table 1--Availability of Documents
----------------------------------------------------------------------------------------------------------------
Document ADAMS Accession No.
----------------------------------------------------------------------------------------------------------------
Proposed Rule Documents
----------------------------------------------------------------------------------------------------------------
Rulemaking: Proposed Rule: Regulatory Analysis RE: ML20178A448
Proposed Rule to Incorporate by Reference American
Society of Mechanical Engineers Codes.
Rulemaking: Proposed Rule: Unofficial Redline Strikeout ML20178A464
of the NRC's Proposed Rule: RE: Proposed Rule to
Incorporate by Reference American Society of Mechanical
Engineers Codes.
----------------------------------------------------------------------------------------------------------------
Related Documents
----------------------------------------------------------------------------------------------------------------
Email from Louise Lund, NRC, to Allyson B. Byk, ASME, ML21014A012
``NRC Request for Public Access to ASME Materials--
Correction Needed (Docket No. NRC-2018-0290,'' January
5, 2021.
Email from Louise Lund, NRC, to Allyson B. Byk, ASME, ML20308A511
``NRC Request for Public Access to ASME Material the NRC
Seeks to Incorporate by Reference into its Regulations
(Docket No. NRC-2018-0290),'' October 22, 2020.
[[Page 16105]]
Email from Louise Lund, NRC, to Christian A. Sanna, ASME, ML20127H677
``NRC Request for Public Access to ASME Material the NRC
Seeks to Incorporate by Reference into its Regulations
(Docket No. NRC-2018-0290),'' April 14, 2020.
Email from Christian A. Sanna, ASME, to Louise Lund, NRC, ML20127H684
``NRC Request for Public Access to ASME Material the NRC
Seeks to Incorporate by Reference into its Regulations
(Docket No. NRC-2018-0290),'' April 14, 2020.
Summary of the June 4, 2020, Public Meeting with the ML20163A609
Nuclear Industry to Discuss Title 10 of the Code of
Federal Regulations, Section 50.55a(b)(xxvi) Condition
of Pressure Testing of Class 1, 2, and 3 Mechanical
Joints.
Summary of the June 25, 2020 Public Meeting with the ML20189A286
Nuclear Industry to Discuss Title 10 of the Code of
Federal Regulations, Section 50.55a(b)(xxvi) Condition
of Pressure Testing of Class 1, 2, and 3 Mechanical
Joints.
Staff Requirements--Affirmation Session, 11:30 a.m., ML003755050
Friday, September 10, 1999, Commissioners' Conference
Room, One White Flint North, Rockville, Maryland (Open
to Public Attendance).
Enforcement Guidance Memorandum 14-003, ``Enforcement ML14169A582
Discretion not to Cite Violations Involving Bolt and
Stud Non-Destructive Examination Qualification Programs,
while Rulemaking Changes are Being Developed,'' January
16, 2015.
Information to Licensees Regarding Two NRC Inspection ML031140549
Manual Sections on Resolution of Degraded and
Nonconforming Conditions and on Operability (Generic
Letter 91-18), November 7, 1991.
NRC Regulatory Issue Summary 2004-16, ``Use of Later ML042590067
Editions and Addenda to ASME Code Section XI for Repair/
Replacement Activities,'' October 19, 2004.
Regulatory Guide 1.28, Revision 5,``Quality Assurance ML17207A293
Program Criteria (Design and Construction),'' October
2017.
Regulatory Guide 1.147, Revision 19, ``Inservice ML19128A244
Inspection Code Case Acceptability, ASME Section XI,
Division 1,'' October 2019.
Regulatory Guide 1.178, Revision 1, ``An Approach for ML032510128
Plant-Specific Risk-Informed Decisionmaking for
Inservice Inspection of Piping,'' September 2003.
Regulatory Guide 1.200, Revision 2, ``An Approach for ML090410014
Determining the Technical Adequacy of Probabilistic Risk
Assessment Results for Risk-Informed Activities,'' March
2009.
NUREG-0800, NRC Standard Review Plan for the Review of ML032510135
Safety Analysis Reports for Nuclear Power Plants: LWR
Edition (NUREG-0800), Chapter 3.9.8, ``Risk-Informed
Inservice Inspection of Piping,'' September 2003.
NUREG-1339, ``Resolution of Generic Safety Issue 29: ML031430208
Bolting Degradation or Failure in Nuclear Power
Plants,'' June 1990.
NUREG-1801, Revision 2, ``Generic Aging Lessons Learned ML103490041
(GALL) Report,'' December 2010.
NUREG-1800, Revision 2, ``Standard Review Plan for Review ML103490036
of License Renewal Applications for Nuclear Power
Plants,'' December 2010.
NUREG-2191, ``Generic Aging Lessons Learned for ML17187A031
Subsequent License Renewal (GALL-SLR) Report,'' July ML17187A204
2017.
NUREG-1950, ``Disposition of Public Comments and ML11116A062
Technical Bases for Changes in the License Renewal
Guidance Documents NUREG-1801 and NUREG-1800,'' April
2011.
NUREG-2192, ``Standard Review Plan for Review of ML17188A158
Subsequent License Renewal Applications for Nuclear
Power Plants,'' July 2017.
Report Number PNNL-29761, ``Nondestructive Examination ML20079E343
(NDE) Training and Qualifications: Implications of
Research on Human Learning and Memory, Instruction and
Expertise,'' March 2020.
----------------------------------------------------------------------------------------------------------------
ASME Codes, Standards, and Code Cases
----------------------------------------------------------------------------------------------------------------
ASME BPV Code, Section III, Division 1: 2019 Edition..... http://go.asme.org/NRC-ASME
ASME BPV Code, Section XI, Division 1: 2019 Edition...... http://go.asme.org/NRC-ASME
ASME OM Code, Division 1: 2020 Edition................... http://go.asme.org/NRC-ASME
ASME NQA-1b-2011......................................... http://go.asme.org/NRC-ASME
ASME NQA-1-2012.......................................... http://go.asme.org/NRC-ASME
ASME NQA-1-2015.......................................... http://go.asme.org/NRC-ASME
----------------------------------------------------------------------------------------------------------------
Throughout the development of this rulemaking, the NRC may post
documents related to this proposed rule, including public comments, on
the Federal rulemaking website at https://www.regulations.gov under
Docket ID NRC-2018-0290. The Federal rulemaking website allows you to
receive alerts when changes or additions occur in a docket folder. To
subscribe: (1) Navigate to the docket folder for NRC-2018-0290; (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).
List of Subjects in 10 CFR Part 50
Administrative practice and procedure, Antitrust, Backfitting,
Classified information, Criminal penalties, Education, Emergency
planning, 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 forth in the preamble, and under the authority
of the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 553, the NRC proposes to adopt
the following amendments to 10 CFR part 50:
[[Page 16106]]
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:
0
a. In paragraph (a)(1)(i)(E)(18), remove ``, and'' and add a semicolon
in its place;
0
b. Revise paragraph (a)(1)(i)(E)(19) and add paragraph
(a)(1)(i)(E)(20);
0
c. Revise and republish paragraphs (a)(1)(ii) and (iv), (a)(1)(v)(B),
(b)(1), (b)(2) introductory text, and (b)(2)(viii) through (xiv);
0
d. In paragraph (b)(2)(xv) introductory text, remove the phrase ``the
1995 Edition through'';
0
e. Revise and republish paragraphs (b)(2)(xviii) through (xxi), (xxv),
(xxvi), (xxix), (xxxii), (xxxvi), (xxxix), and (xl);
0
f. Add paragraph (b)(2)(xliii);
0
g. In paragraph (b)(3) introductory text, remove the phrase ``1995
Edition through the latest edition'' and add in its place the word
``editions'';
0
h. Revise and republish paragraph (b)(3)(iii);
0
i. In paragraph (b)(3)(iv), remove the year ``2015'' and add in its
place the year ``2012'' and remove the word ``shall'' and add in its
place the word ``must'' everywhere it appears;
0
j. Revise and republish paragraphs (b)(3)(vii) through (xi) and (f)(4);
0
k. Add paragraph (f)(7); and
0
l. Revise paragraph (g)(4) introductory text.
The revisions, republications, and additions read as follows:
Sec. 50.55a Codes and standards.
(a) * * *
(1) * * *
(i) * * *
(E) * * *
(19) 2017 Edition (including Subsection NCA; and Division 1
subsections NB through NG and Appendices); and
(20) 2019 Edition (including Subsection NCA; and Division 1
subsections NB through NG and Appendices).
(ii) ASME Boiler and Pressure Vessel Code, Section XI. The editions
and addenda for Section XI of the ASME Boiler and Pressure Vessel Code
are listed in this paragraph (a)(1)(ii), but limited by those
provisions identified in paragraph (b)(2) of this section.
(A) [Reserved]
(B) ``Rules for Inservice Inspection of Nuclear Power Plant
Components:''
(1) 1974 Edition;
(2) 1974 Summer Addenda;
(3) 1974 Winter Addenda; and
(4) 1975 Summer Addenda.
(C) ``Rules for Inservice Inspection of Nuclear Power Plant
Components--Division 1:''
(1)-(32) [Reserved]
(33) 1995 Edition;
(34) 1995 Addenda;
(35) 1996 Addenda;
(36) 1997 Addenda;
(37)-(40) [Reserved]
(41) 2001 Edition;
(42) 2001 Addenda;
(43) 2002 Addenda;
(44) 2003 Addenda;
(45) 2004 Edition;
(46) 2005 Addenda;
(47) 2006 Addenda;
(48) 2007 Edition;
(49) 2008 Addenda;
(50) 2009b Addenda;
(51) 2010 Edition;
(52) 2011a Addenda;
(53) 2013 Edition;
(54) 2015 Edition;
(55) 2017 Edition; and
(56) 2019 Edition.
* * * * *
(iv) ASME Operation and Maintenance Code. The editions and addenda
for the ASME Operation and Maintenance of Nuclear Power Plants are
listed in this paragraph (a)(1)(iv), but limited by those provisions
identified in paragraph (b)(3) of this section.
(A) ``Code for Operation and Maintenance of Nuclear Power Plants:''
(1) 1995 Edition;
(2) 1996 Addenda;
(3) 1997 Addenda;
(4) 1998 Edition;
(5) 1999 Addenda;
(6) 2000 Addenda;
(7) 2001 Edition;
(8) 2002 Addenda;
(9) 2003 Addenda;
(10) 2004 Edition;
(11) 2005 Addenda; and
(12) 2006 Addenda.
(B) ``Operation and Maintenance of Nuclear Power Plants, Division
1: Section IST Rules for Inservice Testing of Light-Water Reactor Power
Plants:''
(1) 2009 Edition.
(2) [Reserved]
(C) Operation and Maintenance of Nuclear Power Plants:
(1) 2012 Edition, ``Division 1: OM Code: Section IST'';
(2) 2017 Edition; and
(3) 2020 Edition.
(v) * * *
(B) ASME NQA-1, ``Quality Assurance Requirements for Nuclear
Facility Applications:''
(1) NQA-1--1994 Edition;
(2) NQA-1--2008 Edition;
(3) NQA-1a--2009;
(4) NQA-1b--2011 Addenda;
(5) NQA-1--2012 Edition; and
(6) NQA-1--2015 Edition.
* * * * *
(b) * * *
(1) Conditions on ASME BPV Code Section III. Each manufacturing
license, standard design approval, and design certification under 10
CFR part 52 is subject to the following conditions. As used in this
section, references to Section III refer to Section III of the ASME BPV
Code and include the 1963 Edition through 1973 Winter Addenda and the
1974 Edition (Division 1) through the latest edition and addenda
incorporated by reference in paragraph (a)(1)(i) of this section,
subject to the following conditions:
(i) Section III condition: Section III materials. When applying the
1992 Edition of Section III, applicants or licensees must apply the
1992 Edition with the 1992 Addenda of Section II of the ASME Boiler and
Pressure Vessel Code.
(ii) Section III condition: Weld leg dimensions. When applying the
1989 Addenda through the latest edition and addenda incorporated by
reference in paragraph (a)(1) of this section, applicants and licensees
may not apply the Section III provisions identified in Table I of this
section for welds with leg size less than 1.09 tn:
Table I--Prohibited Code Provisions
------------------------------------------------------------------------
Editions and addenda Code provision
------------------------------------------------------------------------
1989 Addenda through the latest edition Subparagraph NB-3683.4(c)(1);
and addenda incorporated by reference Subparagraph NB-3683.4(c)(2).
in paragraph (a)(1)(i) of this section.
[[Page 16107]]
1989 Addenda through 2003 Addenda...... Footnote 11 to Figure NC-
3673.2(b)-1; Note 11 to Figure
ND-3673.2(b)-1.
2004 Edition through 2010 Edition...... Footnote 13 to Figure NC-
3673.2(b)-1; Note 13 to Figure
ND-3673.2(b)-1.
2011 Addenda through the latest edition Footnote 11 to Table NC-
and addenda incorporated by reference 3673.2(b)-1; Note 11 to Table
in paragraph (a)(1)(i) of this section. ND-3673.2(b)-1.
------------------------------------------------------------------------
(iii) Section III condition: Seismic design of piping. Applicants
or licensees may use Subarticles NB-3200, NB-3600, NC-3600, and ND-3600
for seismic design of piping, up to and including the 1993 Addenda,
subject to the condition specified in paragraph (b)(1)(ii) of this
section. Applicants or licensees may not use these subarticles for
seismic design of piping in the 1994 Addenda through the 2005 Addenda
incorporated by reference in paragraph (a)(1) of this section, except
that Subarticle NB-3200 in the 2004 Edition through the 2017 Edition
may be used by applicants and licensees, subject to the condition in
paragraph (b)(1)(iii)(A) of this section. Applicants or licensees may
use Subarticles NB-3600, NC-3600, and ND-3600 for the seismic design of
piping in the 2006 Addenda through the latest edition and addenda
incorporated by reference in paragraph (a)(1)(i) of this section,
subject to the conditions of this paragraph (b)(1)(iii) corresponding
to those subarticles.
(A) Seismic design of piping: First provision. When applying Note
(1) of Figure NB-3222-1 for Level B service limits, the calculation of
Pb stresses must include reversing dynamic loads (including inertia
earthquake effects) if evaluation of these loads is required by NB-
3223(b).
(B) Seismic design of piping: Second provision. For Class 1 piping,
the material and Do/t requirements of NB-3656(b) must be met for all
Service Limits when the Service Limits include reversing dynamic loads,
and the alternative rules for reversing dynamic loads are used.
(iv) Section III condition: Quality assurance. When applying
editions and addenda later than the 1989 Edition of Section III, an
applicant or licensee may use the requirements of NQA-1, ``Quality
Assurance Requirements for Nuclear Facility Applications,'' that is
both incorporated by reference in paragraph (a)(1)(v) of this section
and specified in either NCA-4000 or NCA-7000 of that Edition and
Addenda of Section III, provided that the administrative, quality, and
technical provisions contained in that Edition and Addenda of Section
III are used in conjunction with the applicant's or licensee's appendix
B to this part quality assurance program; and that the applicant's or
licensee's Section III activities comply with those commitments
contained in the applicant's or licensee's quality assurance program
description. Where NQA-1 and Section III do not address the commitments
contained in the applicant's or licensee's appendix B quality assurance
program description, those licensee commitments must be applied to
Section III activities.
(v) Section III condition: Independence of inspection. Applicants
or licensees may not apply the exception in NCA-4134.10(a) of Section
III, 1995 Edition through 2009b Addenda of the 2007 Edition, from
paragraph 3.1 of Supplement 10S-1 of NQA-1-1994 Edition.
(vi) Section III condition: Subsection NH. The provisions in
Subsection NH, ``Class 1 Components in Elevated Temperature Service,''
1995 Addenda through all editions and addenda up to and including the
2013 Edition incorporated by reference in paragraph (a)(1) of this
section, may only be used for the design and construction of Type 316
stainless steel pressurizer heater sleeves where service conditions do
not cause the components to reach temperatures exceeding 900 [deg]F.
(vii) Section III condition: Capacity certification and
demonstration of function of incompressible-fluid pressure-relief
valves. When applying the 2006 Addenda through all editions and addenda
up to and including the latest edition and addenda incorporated by
reference in paragraph (a)(1)(i) of this section, applicants and
licensees may use paragraph NB-7742, except that paragraph NB-
7742(a)(2) may not be used. For a valve design of a single size to be
certified over a range of set pressures, the demonstration of function
tests under paragraph NB-7742 must be conducted as prescribed in NB-
7732.2 on two valves covering the minimum set pressure for the design
and the maximum set pressure that can be accommodated at the
demonstration facility selected for the test.
(viii) Section III condition: Use of ASME certification marks. When
applying editions and addenda earlier than the 2011 Addenda to the 2010
Edition, licensees may use either the ASME BPV Code Symbol Stamps or
the ASME Certification Marks with the appropriate certification
designators and class designators as specified in the 2013 Edition
through the latest edition and addenda incorporated by reference in
paragraph (a)(1) of this section.
(ix) Section III Condition: NPT Code Symbol Stamps. Licensees may
use the NPT Code Symbol Stamp with the letters arranged horizontally as
specified in ASME BPV Code Case N-852 for the service life of a
component that had the NPT Code Symbol Stamp applied during the time
period from January 1, 2005, through December 31, 2015.
(x) Section III Condition: Visual examination of bolts, studs and
nuts. Applicants or licensees applying the provisions of NB-2582, NC-
2582, ND-2582, NE-2582, NF-2582, NG-2582 in the 2017 Edition of Section
III through the latest edition and addenda incorporated by reference in
paragraph (a)(1)(i) of this section, must apply paragraphs (b)(1)(x)(A)
through (B) of this section.
(A) Visual examination of bolts, studs, and nuts: First provision.
When applying the provisions of NB-2582, NC-2582, ND-2582, NE-2582, NF-
2582, NG-2582 in the 2017 Edition of Section III through the latest
edition and addenda incorporated by reference in paragraph (a)(1)(i) of
this section, the visual examinations are required to be performed in
accordance with procedures qualified to NB-5100, NC-5100, ND-5100, NE-
5100, NF-5100, NG-5100 and performed by personnel qualified in
accordance with NB-5500, NC-5500, ND-5500, NE-5500, NF-5500, and NG-
5500.
(B) Visual examination of bolts, studs, and nuts: Second provision.
When applying the provisions of NB-2582, NC-2582, ND-2582, NE-2582, NF-
2582, and NG-2582 in the 2017 Edition of Section III through the latest
edition and addenda incorporated by reference in paragraph (a)(1)(i) of
this section, bolts, studs, and nuts must be visually
[[Page 16108]]
examined for discontinuities including cracks, bursts, seams, folds,
thread lap, voids, and tool marks.
(xi) Section III condition: Mandatory Appendix XXVI. When applying
the 2015 and 2017 Editions of Section III, Mandatory Appendix XXVI,
``Rules for Construction of Class 3 Buried Polyethylene Pressure
Piping,'' applicants or licensees must meet the following conditions:
(A) Mandatory Appendix XXVI: First provision. When performing
fusing procedure qualification testing in accordance with XXVI-2300 and
XXVI-4330 the following essential variables must be used for the
performance qualification tests of butt fusion joints:
(1) Joint Type: A change in the type of joint from that qualified,
except that a square butt joint qualifies as a mitered joint.
(2) Pipe Surface Alignment: A change in the pipe outside diameter
(O.D.) surface misalignment of more than 10 percent of the wall
thickness of the thinner member to be fused.
(3) PE Material: Each lot of polyethylene source material to be
used in production (XXVI-2310(c)).
(4) Wall Thickness: Each thickness to be fused in production (XXVI-
2310(c)).
(5) Diameter: Each diameter to be fused in production (XXVI-
2310(c)).
(6) Cross-sectional Area: Each combination of thickness and
diameter (XXVI-2310(c)).
(7) Position: Maximum machine carriage slope when greater than 20
degrees from horizontal (XXVI-4321(c)).
(8) Heater Surface Temperature: A change in the heater surface
temperature to a value beyond the range tested (XXVI-2321).
(9) Ambient Temperature: A change in ambient temperature to less
than 50 [deg]F (10 [deg]C) or greater than 125 [deg]F (52 [deg]C)
(XXVI-4412(b)).
(10) Interfacial Pressure: A change in interfacial pressure to a
value beyond the range tested (XXVI-2321).
(11) Decrease in Melt Bead Width: A decrease in melt bead size from
that qualified.
(12) Increase in Heater Removal Time: An increase in heater plate
removal time from that qualified.
(13) Decrease in Cool-down Time: A decrease in the cooling time at
pressure from that qualified.
(14) Fusing Machine Carriage Model: A change in the fusing machine
carriage model from that tested (XXVI-2310(d)).
(B) Mandatory Appendix XXVI: Second provision. When performing
procedure qualification for high speed tensile impact testing of butt
fusion joints in accordance with XXVI-2300 or XXVI-4330, breaks in the
specimen that are away from the fusion zone must be retested. When
performing fusing operator qualification bend tests of butt fusion
joints in accordance with XXVI-4342, guided side bend testing must be
used for all thicknesses greater than 1.25 inches.
(C) Mandatory Appendix XXVI: Third provision. When performing
fusing procedure qualification tests in accordance with 2017 Edition of
BPV Code Section III XXVI-2300 and XXVI-4330, the following essential
variables must be used for the testing of electrofusion joints:
(1) Joint Design: A change in the design of an electrofusion joint.
(2) Fit-up Gap: An increase in the maximum radial fit-up gap
qualified.
(3) Pipe PE Material: A change in the PE designation or cell
classification of the pipe from that tested (XXVI-2322(a)).
(4) Fitting PE Material: A change in the manufacturing facility or
production lot from that tested (XXVI-2322(b)).
(5) Pipe Wall Thickness: Each thickness to be fused in production
(XXVI-2310(c)).
(6) Fitting Manufacturer: A change in fitting manufacturer.
(7) Pipe Diameter: Each diameter to be fused in production (XXVI-
2310(c)).
(8) Cool-down Time: A decrease in the cool time at pressure from
that qualified.
(9) Fusion Voltage: A change in fusion voltage.
(10) Nominal Fusion Time: A change in the nominal fusion time.
(11) Material Temperature Range: A change in material fusing
temperature beyond the range qualified.
(12) Power Supply: A change in the make or model of electrofusion
control box (XXVI-2310(f)).
(13) Power Cord: A change in power cord material, length, or
diameter that reduces current at the coil to below the minimum
qualified.
(14) Processor: A change in the manufacturer or model number of the
processor. (XXVI-2310(f)).
(15) Saddle Clamp: A change in the type of saddle clamp.
(16) Scraping Device: A change from a clean peeling scraping tool
to any other type of tool.
(xii) Section III condition: Certifying Engineer. When applying the
2017 and later editions of ASME BPV Code Section III, the NRC does not
permit applicants and licensees to use a Certifying Engineer who is not
a Registered Professional Engineer qualified in accordance with
paragraph XXIII-1222 for Code-related activities that are applicable to
U.S. nuclear facilities regulated by the NRC. The use of paragraph
XXIII-1223 is prohibited.
(xiii) Section III Condition: Preservice Inspection of Steam
Generator Tubes. Applicants or licensees applying the provisions of NB-
5283 and NB-5360 in the 2019 Edition of Section III, must apply
paragraphs (b)(1)(xiii)(A) through (B) of this section.
(A) Preservice Inspection of Steam Generator Tubes: First
provision. When applying the provisions of NB-5283 in the 2019 Edition
of Section III, a full-length preservice examination of 100 percent of
the steam generator tubing in each newly installed steam generator must
be performed prior to plant startup.
(B) Preservice Inspection of Steam Generator Tubes: Second
provision. When applying the provisions of NB-5360 in the 2019 Edition
of Section III, flaws revealed during preservice examination of steam
generator tubing performed in accordance with paragraph (b)(1)(xiii)(A)
of this section must be evaluated using the criteria in the design
specifications.
(2) Conditions on ASME BPV Code, Section XI. As used in this
section, references to Section XI refer to Section XI, Division 1, of
the ASME BPV Code, and include the 1970 Edition through the 1976 Winter
Addenda and the 1977 Edition through the latest edition incorporated by
reference in paragraph (a)(1)(ii) of this section, subject to the
following conditions:
* * * * *
(viii) Section XI condition: Concrete containment examinations.
Applicants or licensees applying Subsection IWL, 2001 Edition through
the 2004 Edition, up to and including the 2006 Addenda, must apply
paragraphs (b)(2)(viii)(E) through (G) of this section. Applicants or
licensees applying Subsection IWL, 2007 Edition up to and including the
2008 Addenda must apply paragraph (b)(2)(viii)(E) of this section.
Applicants or licensees applying Subsection IWL, 2007 Edition with the
2009 Addenda through the latest edition and addenda incorporated by
reference in paragraph (a)(1)(ii) of this section, must apply
paragraphs (b)(2)(viii)(H) and (I) of this section.
(A)-(D) [Reserved]
(E) Concrete containment examinations: Fifth provision. For Class
CC applications, the applicant or licensee must evaluate the
acceptability of inaccessible areas when conditions exist in accessible
areas that could indicate the presence of or the result in degradation
to such inaccessible areas. For each inaccessible area identified, the
applicant or licensee must provide the following in the ISI Summary
Report required by IWA-6000:
[[Page 16109]]
(1) A description of the type and estimated extent of degradation,
and the conditions that led to the degradation;
(2) An evaluation of each area, and the result of the evaluation;
and
(3) A description of necessary corrective actions.
(F) Concrete containment examinations: Sixth provision. Personnel
that examine containment concrete surfaces and tendon hardware, wires,
or strands must meet the qualification provisions in IWA-2300. The
``owner-defined'' personnel qualification provisions in IWL-2310(d) are
not approved for use.
(G) Concrete containment examinations: Seventh provision. Corrosion
protection material must be restored following concrete containment
post-tensioning system repair and replacement activities in accordance
with the quality assurance program requirements specified in IWA-1400.
(H) Concrete containment examinations: Eighth provision. For each
inaccessible area of concrete identified for evaluation under IWL-
2512(a), or identified as susceptible to deterioration under IWL-
2512(b), the licensee must provide the applicable information specified
in paragraphs (b)(2)(viii)(E)(1), (2), and (3) of this section in the
ISI Summary Report required by IWA-6000.
(I) Concrete containment examinations: Ninth provision. During the
period of extended operation of a renewed license under part 54 of this
chapter, the licensee must perform the technical evaluation under IWL-
2512(b) of inaccessible below-grade concrete surfaces exposed to
foundation soil, backfill, or groundwater at periodic intervals not to
exceed 5 years. In addition, the licensee must examine representative
samples of the exposed portions of the below-grade concrete, when such
below-grade concrete is excavated for any reason.
(ix) Section XI condition: Metal containment examinations.
Applicants or licensees applying Subsection IWE, 2001 Edition up to and
including the 2003 Addenda, must satisfy the requirements of paragraphs
(b)(2)(ix)(A) and (B), (F) through (I), and (K) of this section.
Applicants or licensees applying Subsection IWE, 2004 Edition, up to
and including the 2005 Addenda, must satisfy the requirements of
paragraphs (b)(2)(ix)(A) and (B), (F) through (H), and (K) of this
section. Applicants or licensees applying Subsection IWE, 2004 Edition
with the 2006 Addenda, must satisfy the requirements of paragraphs
(b)(2)(ix)(A)(2) and (b)(2)(ix)(B) and (K) of this section. Applicants
or licensees applying Subsection IWE, 2007 Edition through the 2015
Edition, must satisfy the requirements of paragraphs (b)(2)(ix)(A)(2)
and (b)(2)(ix)(B), (J), and (K) of this section. Applicants or
licensees applying Subsection IWE, 2017 Edition, through the latest
edition and addenda incorporated by reference in paragraph (a)(1)(ii)
of this section must satisfy the requirements of paragraphs
(b)(2)(ix)(A)(2) and (b)(2)(ix)(B) and (J) of this section.
(A) Metal containment examinations: First provision. For Class MC
applications, the following apply to inaccessible areas.
(1) The applicant or licensee must evaluate the acceptability of
inaccessible areas when conditions exist in accessible areas that could
indicate the presence of or could result in degradation to such
inaccessible areas.
(2) For each inaccessible area identified for evaluation, the
applicant or licensee must provide the following in the ISI Summary
Report as required by IWA-6000:
(i) A description of the type and estimated extent of degradation,
and the conditions that led to the degradation;
(ii) An evaluation of each area, and the result of the evaluation;
and
(iii) A description of necessary corrective actions.
(B) Metal containment examinations: Second provision. When
performing remotely the visual examinations required by Subsection IWE,
the maximum direct examination distance specified in Table IWA-2210-1
(2001 Edition through 2004 Edition) or Table IWA-2211-1 (2005 Addenda
through the latest edition and addenda incorporated by reference in
paragraph (a)(1) of this section) may be extended and the minimum
illumination requirements specified may be decreased provided that the
conditions or indications for which the visual examination is performed
can be detected at the chosen distance and illumination.
(C)-(E) [Reserved]
(F) Metal containment examinations: Sixth provision. VT-1 and VT-3
examinations must be conducted in accordance with IWA-2200. Personnel
conducting examinations in accordance with the VT-1 or VT-3 examination
method must be qualified in accordance with IWA-2300. The ``owner-
defined'' personnel qualification provisions in IWE-2330(a) for
personnel that conduct VT-1 and VT-3 examinations are not approved for
use.
(G) Metal containment examinations: Seventh provision. The VT-3
examination method must be used to conduct the examinations in Items
E1.12 and E1.20 of Table IWE-2500-1, and the VT-1 examination method
must be used to conduct the examination in Item E4.11 of Table IWE-
2500-1. An examination of the pressure-retaining bolted connections in
Item E1.11 of Table IWE-2500-1 using the VT-3 examination method must
be conducted once each interval. The ``owner-defined'' visual
examination provisions in IWE-2310(a) are not approved for use for VT-1
and VT-3 examinations.
(H) Metal containment examinations: Eighth provision. Containment
bolted connections that are disassembled during the scheduled
performance of the examinations in Item E1.11 of Table IWE-2500-1 must
be examined using the VT-3 examination method. Flaws or degradation
identified during the performance of a VT-3 examination must be
examined in accordance with the VT-1 examination method. The criteria
in the material specification or IWB-3517.1 must be used to evaluate
containment bolting flaws or degradation. As an alternative to
performing VT-3 examinations of containment bolted connections that are
disassembled during the scheduled performance of Item E1.11, VT-3
examinations of containment bolted connections may be conducted
whenever containment bolted connections are disassembled for any
reason.
(I) Metal containment examinations: Ninth provision. The ultrasonic
examination acceptance standard specified in IWE-3511.3 for Class MC
pressure-retaining components must also be applied to metallic liners
of Class CC pressure-retaining components.
(J) Metal containment examinations: Tenth provision. In general, a
repair/replacement activity such as replacing a large containment
penetration, cutting a large construction opening in the containment
pressure boundary to replace steam generators, reactor vessel heads,
pressurizers, or other major equipment; or other similar modification
is considered a major containment modification. When applying IWE-5000
to Class MC pressure-retaining components, any major containment
modification or repair/replacement must be followed by a Type A test to
provide assurance of both containment structural integrity and leak-
tight integrity prior to returning to service, in accordance with
appendix J to this part, Option A or Option B, on which the applicant's
or licensee's Containment Leak-Rate Testing Program is based. When
applying IWE-5000, if a Type A, B, or C Test is performed, the test
pressure
[[Page 16110]]
and acceptance standard for the test must be in accordance with
appendix J to this part.
(K) Metal Containment Examinations: Eleventh provision. A general
visual examination of containment leak chase channel moisture barriers
must be performed once each interval, in accordance with the completion
percentages in Table IWE 2411-1 of the 2017 Edition. Examination shall
include the moisture barrier materials (caulking, gaskets, coatings,
etc.) that prevent water from accessing the embedded containment liner
within the leak chase channel system. Caps of stub tubes extending to
or above the concrete floor interface may be inspected, provided the
configuration of the cap functions as a moisture barrier as described
previously. Leak chase channel system closures need not be disassembled
for performance of examinations if the moisture barrier material is
clearly visible without disassembly, or coatings are intact. The
closures are acceptable if no damage or degradation exists that would
allow intrusion of moisture against inaccessible surfaces of the metal
containment shell or liner within the leak chase channel system.
Examinations that identify flaws or relevant conditions shall be
extended in accordance with paragraph IWE 2430 of the 2017 Edition.
(x) Section XI condition: Quality assurance. When applying the
editions and addenda later than the 1989 Edition of ASME BPV Code,
Section XI, licensees may use any edition or addenda of NQA-1,
``Quality Assurance Requirements for Nuclear Facility Applications,''
that is both incorporated by reference in paragraph (a)(1)(v) of this
section and specified in Table IWA 1600-1 of that edition and addenda
of Section XI, provided that the licensee uses its appendix B to this
part quality assurance program in conjunction with Section XI
requirements and the commitments contained in the licensee's quality
assurance program description. Where NQA-1 and Section XI do not
address the commitments contained in the licensee's appendix B quality
assurance program description, those licensee commitments must be
applied to Section XI activities.
(xi) [Reserved]
(xii) Section XI condition: Underwater welding. The provisions in
IWA-4660, ``Underwater Welding,'' of Section XI, 2001 Edition through
the latest edition and addenda incorporated by reference in paragraph
(a)(1)(ii) of this section, are approved for use on irradiated material
with the following conditions:
(A) Underwater welding: First provision. Licensees must obtain NRC
approval in accordance with paragraph (z) of this section regarding the
welding technique to be used prior to performing welding on ferritic
material exposed to fast neutron fluence greater than 1 x 10\17\ n/
cm\2\ (E > 1 MeV).
(B) Underwater welding: Second provision. Licensees must obtain NRC
approval in accordance with paragraph (z) of this section regarding the
welding technique to be used prior to performing welding on austenitic
material other than P-No. 8 material exposed to thermal neutron fluence
greater than 1 x 10\17\ n/cm\2\ (E < 0.5 eV). Licensees must obtain NRC
approval in accordance with paragraph (z) regarding the welding
technique to be used prior to performing welding on P-No. 8 austenitic
material exposed to thermal neutron fluence greater than 1 x 10\17\ n/
cm\2\ (E < 0.5 eV) and measured or calculated helium concentration of
the material greater than 0.1 atomic parts per million.
(xiii) [Reserved]
(xiv) Section XI condition: Appendix VIII personnel qualification.
All personnel qualified for performing ultrasonic examinations in
accordance with Appendix VIII must receive 8 hours of annual hands-on
training on specimens that contain cracks. Licensees applying the 2001
Edition through the latest edition and addenda incorporated by
reference in paragraph (a)(1)(ii) of this section may use the annual
practice requirements in VII-4240 of Appendix VII of Section XI in
place of the 8 hours of annual hands-on training provided that the
supplemental practice is performed on material or welds that contain
cracks, or by analyzing prerecorded data from material or welds that
contain cracks. In either case, training must be completed no earlier
than 6 months prior to performing ultrasonic examinations at a
licensee's facility.
* * * * *
(xviii) Section XI condition: NDE personnel certification--(A) NDE
personnel certification: First provision. Level I and II nondestructive
examination personnel must be recertified on a 3-year interval in lieu
of the 5-year interval specified in IWA-2314(a) and IWA-2314(b) of the
2001 Edition through the latest edition and addenda incorporated by
reference in paragraph (a)(1)(ii) of this section.
(B) NDE personnel certification: Second provision. When applying
editions and addenda prior to the 2007 Edition of Section XI, paragraph
IWA-2316 may only be used to qualify personnel that observe leakage
during system leakage and hydrostatic tests conducted in accordance
with IWA 5211(a) and (b).
(C) NDE personnel certification: Third provision. When applying
editions and addenda prior to the 2005 Addenda of Section XI,
licensee's qualifying visual examination personnel for VT-3 visual
examination under paragraph IWA-2317 of Section XI must demonstrate the
proficiency of the training by administering an initial qualification
examination and administering subsequent examinations on a 3-year
interval.
(D) NDE personnel certification: Fourth provision. The use of
Appendix VII, Table VII-4110-1 and Appendix VIII, Subarticle VIII-2200
of the 2011 Addenda through the latest edition incorporated by
reference in paragraph (a)(1)(ii) of this section is prohibited. When
using ASME BPV Code, Section XI editions and addenda later than the
2010 Edition, licensees and applicants must use the prerequisites for
ultrasonic examination personnel certifications in Appendix VII, Table
VII-4110-1 and Appendix VIII, Subarticle VIII-2200 in the 2010 Edition.
(1) As an alternative to Note (c) in Table VII-4110-1 of ASME BPV
Code, Section XI, 2010 Edition, the 250 hours of Level I experience
time may be reduced to 175 hours, if the experience time includes a
minimum of 125 hours of field experience and 50 hours of laboratory
practice beyond the requirements of for training in accordance with
Appendix VII Subarticle 4220, provided those practice hours are
dedicated to the Level I or Level II skill areas as described in ANSI/
ASNT CP-189.
(2) As an alternative to Note (d) in Table VII-4110-1 of ASME BPV
Code, Section XI, 2010 Edition, the 800 hours of Level II experience
time may be reduced to 720 hours, if the experience time includes a
minimum of 400 hours of field experience and a minimum of 320 hours of
laboratory practice. The practice must be dedicated to scanning
specimens containing flaws in materials representative of those in
actual power plant components. Additionally, for Level II
Certification, the candidate must pass a Mandatory Appendix VIII,
Supplement 2 performance demonstration for detection and length sizing.
(xix) Section XI condition: Substitution of alternative methods.
The provisions for substituting alternative examination methods, a
combination of methods, or newly developed techniques in the 1997
Addenda of IWA-2240 must be applied when using the 2001 Edition through
the 2004 Edition of Section XI of the ASME BPV
[[Page 16111]]
Code. The provisions in IWA-4520(c), 2001 Edition through the 2004
Edition, allowing the substitution of alternative methods, a
combination of methods, or newly developed techniques for the methods
specified in the Construction Code, are not approved for use. The
provisions in IWA-4520(b)(2) and IWA-4521 of the 2008 Addenda through
the latest edition and addenda incorporated by reference in paragraph
(a)(1)(ii) of this section, allowing the substitution of ultrasonic
examination for radiographic examination specified in the Construction
Code, are not approved for use.
(xx) Section XI condition: System leakage tests--(A) System leakage
tests: First provision. When performing system leakage tests in
accordance with IWA-5213(a), 2001 Edition through 2002 Addenda, the
licensee must maintain a 10-minute hold time after test pressure has
been reached for Class 2 and Class 3 components that are not in use
during normal operating conditions. No hold time is required for the
remaining Class 2 and Class 3 components provided that the system has
been in operation for at least 4 hours for insulated components or 10
minutes for uninsulated components.
(B) System leakage tests: Second provision. The nondestructive
examination method and acceptance criteria of the 1992 Edition or later
of Section III shall be met when performing system leakage tests (in
lieu of a hydrostatic test) in accordance with IWA-4520 after repair
and replacement activities performed by welding or brazing on a
pressure retaining boundary using the 2003 Addenda through the latest
edition and addenda of Section XI incorporated by reference in
paragraph (a)(1)(ii) of this section. The nondestructive examination
and pressure testing may be performed using procedures and personnel
meeting the requirements of the licensee's/applicant's current ISI code
of record.
(C) System leakage tests: Third provision. The use of the
provisions for an alternative BWR pressure test at reduced pressure to
satisfy IWA-4540 requirements as described in IWB-5210(c) of Section
XI, 2017 Edition and IWA-5213(b)(2) and IWB-5221(d) of Section XI, 2017
Edition through the latest edition incorporated by reference in
paragraph (a)(1)(ii) of this section may be used subject to the
following conditions:
(1) The use of nuclear heat to conduct the BWR Class 1 system
leakage test is prohibited (i.e., the reactor must be in a non-critical
state), except during refueling outages in which the ASME Section XI
Category B-P pressure test has already been performed, or at the end of
mid-cycle maintenance outages fourteen (14) days or less in duration.
(2) In lieu of the test condition holding time of IWA-5213(b)(2),
after pressurization to test conditions, and before the visual
examinations commence, the holding time shall be 1 hour for non-
insulated components.
(xxi) Section XI condition: Table IWB-2500-1 examination
requirements. (A) [Reserved]
(B) Table IWB-2500-1 examination. Use of the provisions of IWB-
2500(f) and (g) and Table IWB-2500-1 Notes 6 and 7 of Section XI, 2017
Edition through the latest edition incorporated by reference in
paragraph (a)(1)(ii) of this section, for examination of Examination
Category B-D Item Numbers B3.90 and B3.100 shall be subject to the
following conditions:
(1) A plant-specific evaluation demonstrating the criteria of IWB-
2500(f) are met must be maintained in accordance with IWA-1400(l).
(2) The use of the provisions of IWB-2500(f) and Table IWB-2500-1
Note 6 for examination of Examination Category B-D Item Numbers B3.90
is prohibited for plants with renewed licenses in accordance with 10
CFR part 54.
(3) The provisions of IWB-2500(g) and Table IWB-2500-1 Notes 6 and
7 for examination of Examination Category B-D Item Numbers B3.90 and
B3.100 shall not be used to eliminate the preservice or inservice
volumetric examination of plants with a Combined Operating License
pursuant to 10 CFR part 52, or a plant that receives its operating
license after October 22, 2015.
* * * * *
(xxv) Section XV Condition: Mitigation of defects by modification.
Use of the provisions of IWA-4340 must be subject to the following
conditions:
(A) Mitigation of defects by modification: First person. The use of
the provisions for mitigation of defects by modification in IWA-4340 of
Section XI 2001 Edition through the 2010 Addenda, is prohibited.
(B) Mitigation of defects by modification: Second provision. The
provisions for mitigation of defects by modification in IWA-4340 of
Section XI, 2011 Edition through the latest edition incorporated by
reference in paragraph (a)(1)(ii) of this section, may be used subject
to the following conditions:
(1) The use of the provisions in IWA 4340 to mitigate crack-like
defects or those associated with flow accelerated corrosion are
prohibited.
(2) The design of a modification that mitigates a defect must
incorporate a loss of material rate either 2 times the actual measured
corrosion rate, which must be established based on wall thickness
measurements conducted at least twice, in that pipe location or another
location with similar corrosion conditions, similar flow
characteristics, and the same piping configuration (e.g., straight run
of pipe, elbow, tee) as the encapsulated area, or 4 times the estimated
maximum corrosion rate for the piping system.
(3) The licensee must perform a wall thickness examination in the
vicinity of the modification and relevant pipe base metal at half its
expected life or, if the modification has an expected life greater than
19 years, once per interval, and the results must be used to confirm
corrosion rates, determine the next inspection date, and confirm the
design inputs.
(i) For buried pipe locations where the loss of material has
occurred due to internal corrosion, the wall thickness examinations may
be conducted at a different location in the same system as long as:
Wall thickness measurements were conducted at the different location at
the same time as installation of the modification; the flow rate is the
same or higher at the different location; the piping configuration is
the same (e.g., straight run of pipe, elbow, tee); and if pitting
occurred at the modification location, but not the different location,
wall loss values must be multiplied by four (instead of two) times the
actual measured corrosion rate. Where wall loss values are greater than
that assumed during the design of the modification, the structural
integrity of the modification must be reanalyzed. Additionally, if the
extent of degradation is different (i.e., percent wall loss plus or
minus 25 percent) or the corrosion mechanism (e.g., general, pitting)
is not the same at the different location as at the modification
location, the modification must be examined at half its expected life
or 10 years, whichever is sooner.
(ii) For buried pipe locations where loss of material has occurred
due to external corrosion, the modification must be examined at half
its expected life or 10 years, whichever is sooner. Alternatively, when
the modification has been recoated prior to return to service, the
modification may be examined at half its expected life or during the
first full 10-year inspection interval after installation, whichever is
sooner.
(xxvi) Section XI condition: Pressure Testing of Class 1, 2, and 3
Mechanical Joints. Mechanical joints in Class 1, 2, and 3 piping and
components greater than NPS-1 which are disassembled
[[Page 16112]]
and reassembled during the performance of a Section XI repair/
replacement activity requiring documentation on a Form NIS-2 shall be
leak tested to ensure leak tightness. The owner shall establish the
type of leak test, test medium, test pressure, acceptance criteria that
would demonstrate the joint's leak tightness, and the qualifications of
the personnel who will perform the leak test.
* * * * *
(xxix) Section XI condition: Nonmandatory Appendix R. (A)
Nonmandatory Appendix R, ``Risk-Informed Inspection Requirements for
Piping Supplement 1--Risk-Informed Selection Process--Method A,'' of
Section XI, 2005 Addenda through the latest edition and addenda
incorporated by reference in paragraph (a)(1)(ii) of this section, may
not be implemented without prior NRC authorization of the proposed
alternative in accordance with paragraph (z) of this section.
(B) Nonmandatory Appendix R, ``Risk-Informed Inspection
Requirements for Piping, Supplement 2--Risk-Informed Selection
Process--Method B'' of Section XI, 2005 Addenda through the 2015
Edition, may not be implemented without prior NRC authorization of the
proposed alternative in accordance with paragraph (z) of this section.
(C) Nonmandatory Appendix R, ``Risk-Informed Inspection
Requirements for Piping, Supplement 2--Risk-Informed Selection
Process--Method B'' of Section XI, 2017 Edition through the latest
edition and addenda incorporated by reference in paragraph (a)(1)(ii)
of this section, may be implemented without prior NRC authorization of
the proposed alternative in accordance with paragraph (z) of this
section.
* * * * *
(xxxii) Section XI condition: Summary report submittal. When using
ASME BPV Code, Section XI, 2010 Edition through the latest edition and
addenda incorporated by reference in paragraph (a)(1)(ii) of this
section, Summary Reports and Owner's Activity Reports described in IWA-
6230 must be submitted to the NRC. Preservice inspection reports for
examinations prior to commercial service must be submitted prior to the
date of placement of the unit into commercial service. For preservice
and inservice examinations performed following placement of the unit
into commercial service, reports must be submitted within 120 calendar
days of the completion of each refueling outage.
* * * * *
(xxxvi) Section XI condition: Fracture toughness of irradiated
materials. When using the 2013 Edition through the latest edition
incorporated by reference in paragraph (a)(1)(ii) of this section of
the ASME BPV Code, Section XI, Appendix A paragraph A-4400, the
licensee shall obtain NRC approval under paragraph (z) of this section
before using irradiated T0 and the associated
RTT0 in establishing fracture toughness of irradiated
materials.
* * * * *
(xxxix) Section XI condition: Defect Removal. The use of the
provisions for removal of defects by welding or brazing in IWA-
4421(c)(1) and IWA-4421(c)(2) of Section XI, 2017 Edition through the
latest edition incorporated by reference in paragraph (a)(1)(ii) of
this section may be used subject to the following conditions:
(A) Defect removal requirements: First provision. The provisions of
subparagraph IWA 4421(c)(1) shall not be used to contain or isolate a
defective area without removal of the defect.
(B) Defect removal requirements: Second provision. The provisions
of subparagraph IWA-4421(c)(2) shall not be used for crack-like
defects.
(xl) Section XI condition: Prohibitions and Restrictions on use of
IWB-3510.4(b), IWC-3510.5(b), Table A-4200-1, and Table G-2110-1. The
use of Subparagraphs IWB-3510.4(b)(4) and IWB-3510.4(b)(5) of ASME BPV
Code, Section XI, 2017 Edition through the latest edition incorporated
by reference in paragraph (a)(1)(ii) of this section is prohibited. The
use of ASME BPV Code, Section XI, 2019 Edition, Subparagraphs IWC-
3510.5(b)(4) and IWC-3510.5(b)(5), is prohibited. For ASME BPV Code,
Section XI, 2019 Edition, Table A-4200-1 and Table G-2110-1, use of
Figure A-4200-1 and Figure G-2210-1 to describe the toughness of
material SA-533 Type B Class 2 is prohibited without satisfying the
requirements of IWB-3510.4(c) or IWC-3510.5(c).
* * * * *
(xliii) Section XI condition: Section XI Condition: Regulatory
Submittal Requirements. Licensees shall submit for NRC review and
approval the following analyses:
(A) The analytical evaluation determining the effects of an out-of-
limit condition on the structural integrity of the Reactor Coolant
System, as described in IWB-3720(a);
(B) Determination of T0 and RTT0, as
described in Nonmandatory Appendix A, A-4200(c); and
(C) Determination of T0 and RTT0, as
described in Nonmandatory Appendix G, G-2110(c).
(3) * * *
(iii) OM condition: New reactors. In addition to complying with the
provisions in the ASME OM Code with the conditions specified in
paragraph (b)(3) of this section, holders of operating licenses for
nuclear power reactors that received construction permits under this
part on or after August 17, 2018, and holders of combined licenses
issued under 10 CFR part 52, whose initial fuel loading occurs on or
after August 17, 2018, must also comply with the following conditions,
as applicable:
(A) Power-operated valves. Licensees must periodically verify the
capability of power-operated valves to perform their design-basis
safety functions.
(B) Check valves. Licensees must perform bi-directional testing of
check valves within the IST program where practicable.
(C) Flow-induced vibration. Licensees must monitor flow-induced
vibration from hydrodynamic loads and acoustic resonance during
preservice testing or inservice testing to identify potential adverse
flow effects on components within the scope of the IST program.
(D) High risk non-safety systems. Licensees must assess the
operational readiness of pumps, valves, and dynamic restraints within
the scope of the Regulatory Treatment of Non-Safety Systems for
applicable reactor designs.
* * * * *
(vii) [Reserved]
(viii) OM condition: Subsection ISTE. Licensees may not implement
the risk-informed approach for inservice testing (IST) of pumps and
valves specified in Subsection ISTE, ``Risk-Informed Inservice Testing
of Components in Light-Water Reactor Nuclear Power Plants,'' in the
ASME OM Code, 2009 Edition through the 2017 Edition, without first
obtaining NRC authorization to use Subsection ISTE as an alternative to
the applicable IST requirements in the ASME OM Code, pursuant to
paragraph (z) of this section.
(ix) OM condition: Subsection ISTF. Licensees applying Subsection
ISTF, 2012 Edition must satisfy the requirements of Mandatory Appendix
V, ``Pump Periodic Verification Test Program,'' of the ASME OM Code in
that edition.
(x) [Reserved]
(xi) OM condition: Valve Position Indication. When implementing
paragraph ISTC-3700, ``Position Verification Testing,'' in the ASME OM
Code, 2012 Edition through the latest edition of the ASME OM Code
incorporated by reference in paragraph (a)(1)(iv) of this section,
licensees must
[[Page 16113]]
verify that valve operation is accurately indicated by supplementing
valve position indicating lights with other indications, such as flow
meters or other suitable instrumentation to provide assurance of proper
obturator position for valves with remote position indication within
the scope of Subsection ISTC including its mandatory appendices and
their verification methods and frequencies. For valves not susceptible
to stem-disk separation, the position verification testing specified in
paragraph ISTC-3700 may be performed on a 10-year interval where the
licensee documents a justification, which is made available for NRC
review, demonstrating that the stem-disk connection is not susceptible
to separation based on the internal design and evaluation of the stem-
disk connection using plant-specific and industry operating experience
and vendor recommendations.
* * * * *
(f) * * *
(4) Inservice testing standards requirement for operating plants.
Throughout the service life of a boiling or pressurized water-cooled
nuclear power facility, pumps and valves that are within the scope of
the ASME OM Code must meet the inservice test requirements (except
design and access provisions) set forth in the ASME OM Code and addenda
that become effective subsequent to editions and addenda specified in
paragraphs (f)(2) and (3) of this section and that are incorporated by
reference in paragraph (a)(1)(iv) of this section, to the extent
practical within the limitations of design, geometry, and materials of
construction of the components. The inservice test requirements for
pumps and valves that are within the scope of the ASME OM Code but are
not classified as ASME BPV Code Class 1, Class 2, or Class 3 may be
satisfied as an augmented IST program in accordance with paragraph
(f)(6)(ii) of this section. This use of an augmented IST program may be
acceptable provided the basis for deviations from the ASME OM Code, as
incorporated by reference in this section, demonstrates an acceptable
level of quality and safety, or that implementing the Code provisions
would result in hardship or unusual difficulty without a compensating
increase in the level of quality and safety, where documented and
available for NRC review. When using the 2006 Addenda or later of the
ASME BPV Code, Section XI, the inservice examination, testing, and
service life monitoring requirements for dynamic restraints (snubbers)
must meet the requirements set forth in the applicable ASME OM Code as
specified in paragraph (b)(3)(v)(B) of this section. When using the
2005 Addenda or earlier edition or addenda of the ASME BPV Code,
Section XI, the inservice examination, testing, and service life
monitoring requirements for dynamic restraints (snubbers) must meet the
requirements set forth in either the applicable ASME OM Code or ASME
BPV Code, Section XI as specified in paragraph (b)(3)(v) of this
section.
(i) Applicable IST Code: Initial 120-month interval. Inservice
tests to verify operational readiness of pumps and valves, whose
function is required for safety, conducted during the initial 120-month
interval must comply with the requirements in the latest edition and
addenda of the ASME OM Code incorporated by reference in paragraph
(a)(1)(iv) of this section on the date 18 months before the date of
issuance of the operating license under this part, or 18 months before
the date scheduled for initial loading of fuel under a combined license
under part 52 of this chapter (or the optional ASME OM Code Cases
listed in NRC Regulatory Guide 1.192, as incorporated by reference in
paragraph (a)(3)(iii) of this section, subject to the conditions listed
in paragraph (b) of this section).
(ii) Applicable IST Code: Successive 120-month intervals. Inservice
tests to verify operational readiness of pumps and valves, whose
function is required for safety, conducted during successive 120-month
intervals must comply with the requirements of the latest edition and
addenda of the ASME OM Code incorporated by reference in paragraph
(a)(1)(iv) of this section 18 months before the start of the 120-month
interval (or the optional ASME Code Cases listed in NRC Regulatory
Guide 1.147 or NRC Regulatory Guide 1.192 as incorporated by reference
in paragraphs (a)(3)(ii) and (iii) of this section, respectively),
subject to the conditions listed in paragraph (b) of this section.
(iii) [Reserved]
(iv) Applicable IST Code: Use of later Code editions and addenda.
Inservice tests of pumps and valves may meet the requirements set forth
in subsequent editions and addenda that are incorporated by reference
in paragraph (a)(1)(iv) of this section, subject to the conditions
listed in paragraph (b) of this section, and subject to NRC approval.
Portions of editions or addenda may be used, provided that all related
requirements of the respective editions or addenda are met.
* * * * *
(7) Inservice testing reporting requirements. Inservice Testing
Program Test and Examination Plans (IST Plans) for pumps, valves, and
dynamic restraints (snubbers) prepared to meet the requirements of the
ASME OM Code must be submitted to the NRC as specified in Sec. 50.4.
IST Plans must be submitted within 90 days of their implementation for
the applicable 120-month IST Program interval. IST Plan revisions must
be submitted when the final safety analysis report for the applicable
nuclear power plant is updated. Electronic submission is preferred.
(g) * * *
(4) Inservice inspection standards requirement for operating
plants. Throughout the service life of a boiling or pressurized water-
cooled nuclear power facility, components (including supports) that are
classified as ASME Code Class 1, Class 2, and Class 3 must meet the
requirements, except design and access provisions and preservice
examination requirements, set forth in Section XI of editions and
addenda of the ASME BPV Code that become effective subsequent to
editions specified in paragraphs (g)(2) and (3) of this section and
that are incorporated by reference in paragraph (a)(1)(ii) or (iv) of
this section for snubber examination and testing of this section, to
the extent practical within the limitations of design, geometry, and
materials of construction of the components. Components that are
classified as Class MC pressure retaining components and their integral
attachments, and components that are classified as Class CC pressure
retaining components and their integral attachments, must meet the
requirements, except design and access provisions and preservice
examination requirements, set forth in Section XI of the ASME BPV Code
and addenda that are incorporated by reference in paragraph (a)(1)(ii)
of this section subject to the condition listed in paragraph (b)(2)(vi)
of this section and the conditions listed in paragraphs (b)(2)(viii)
and (ix) of this section, to the extent practical within the limitation
of design, geometry, and materials of construction of the components.
When using the 2006 Addenda or later of the ASME BPV Code, Section XI,
the inservice examination, testing, and service life monitoring
requirements for dynamic restraints (snubbers) must meet the
requirements set forth in the applicable ASME OM Code as specified in
paragraph (b)(3)(v)(B) of this section. When using the 2005 Addenda or
earlier edition or addenda of the ASME BPV Code, Section XI, the
inservice examination, testing, and service life monitoring
requirements for dynamic restraints (snubbers) must meet the
[[Page 16114]]
requirements set forth in either the applicable ASME OM Code or ASME
BPV Code, Section XI as specified in paragraph (b)(3)(v) of this
section.
* * * * *
Dated March 18, 2021.
For the Nuclear Regulatory Commission.
Andrea D. Veil,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2021-06085 Filed 3-25-21; 8:45 am]
BILLING CODE 7590-01-P