[Federal Register Volume 90, Number 108 (Friday, June 6, 2025)]
[Proposed Rules]
[Pages 24083-24085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10324]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 108 / Friday, June 6, 2025 / Proposed
Rules
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[Docket No. PRM-50-127; NRC-2025-0060]
Revised Industry Codes and Standards for Production and
Utilization Facilities
AGENCY: Nuclear Regulatory Commission.
ACTION: Petition for rulemaking; notice of docketing, and request for
comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a
petition for rulemaking (PRM) from Thomas Basso on behalf of the
Nuclear Energy Institute, dated January 22, 2025, requesting that the
NRC revise its regulations to remove specific conditions, clarify a
specific requirement, and incorporate requested code cases to the next
revisions of regulatory guides 1.84 and 1.147, which will be
incorporated by reference into the agency's rulemaking on industry
standards. The petition was docketed by the NRC on March 6, 2025, and
has been assigned Docket No. PRM-50-127. The NRC is examining the
issues raised in PRM-50-127 to determine whether they should be
considered in rulemaking. The NRC is requesting public comment on this
petition at this time.
DATES: Submit comments by August 5, 2025. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to assure consideration only for comments received on or before
this date.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website:
Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0060. Address
questions about NRC dockets to Helen Chang; telephone: 301-415-3228;
email: [email protected]. For technical questions contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. eastern time, Federal
workdays; telephone: 301-415-1677.
You can read a plain language description of this PRM at https://www.regulations.gov/docket/NRC-2025-0060. 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: Christopher Prescott, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
7000, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2025-0060 when contacting the NRC
about the availability of information for this action. You may obtain
publicly available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0060.
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 ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document.
NRC's PDR: The NRC PDR, where you may examine and order
copies of publicly available documents, is open by appointment. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal Rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2025-0060 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
https://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. The Petitioner and Petition
The PRM was filed by Thomas Basso of the Nuclear Energy Institute.
The PRM requests that the NRC revise its regulations at title 10 of the
Code of Federal Regulations (10 CFR), section 50.55a, ``Codes and
standards,'' to (1) remove specific conditions not necessary to ensure
safety or are no longer needed by the industry, (2) clarify a specific
requirement, and (3) incorporate requested code cases to the next
revision of regulatory guides (RGs) 1.84 and 1.147, which will be
incorporated by reference into the agency's rulemaking on industry
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standards. The petition referenced a letter from the American Society
of Mechanical Engineers (ASME) (ML24296A006) as support for the
inclusion of the requested code cases into RG 1.147. The petition was
docketed by the NRC on March 6, 2025, and has been assigned Docket No.
PRM-50-127. The PRM may be found in ADAMS under Accession Number
ML25065A034.
III. Discussion of the Petition
The petitioner proposes the following specific changes to the NRC's
regulations in 10 CFR 50.55a (also see Attachment 1 of the petition):
Deletion of 10 CFR 50.55a(h): Remove the requirement to
meet the Institute of Electrical and Electronics Engineers (IEEE)
Standard Criteria for Safety Systems that are incorporated by
reference. IEEE Std 279-1968, ``Proposed IEEE Criteria for Nuclear
Power Plant Protection Systems,'' IEEE Std 279-1971, ``Criteria for
Protection Systems for Nuclear Power Generating Stations,'' and IEEE
Std 603-1991, ``Criteria for Safety Systems for Nuclear Power
Generating Stations,'' would be removed. The petitioner states that
these standards are dated and overly prescriptive for current
technologies.
Deletion of Section XI Condition 10 CFR
50.55a(b)(2)(xxvi): Remove the requirement to meet the condition for
pressure testing of Class 1, 2, and 3 mechanical joints. The petitioner
states that this condition does not result in any additional repair or
replacement action by the licensee therefore is not needed. They state
that post testing maintenance demonstrates that these joints are leak
tight and are within the limits of operability. The petitioner states
deletion of this condition would provide an efficiency gain by removing
these redundant and unnecessary regulatory requirements.
Inclusion or Clarification of 10 CFR 50.55a(y) to 10 CFR
50.55a(z): Expand the applicability of 10 CFR 50.55a(z) to include
section (y) or revise section (y) to avoid using exemptions to approve
alternatives. The petitioner states that placing the definitions in 10
CFR 50.55a(y) does not allow for an alternative definition to be
proposed through 10 CFR 50.55a(z), which can lead to the need for an
exemption if alternative definitions are needed. The petitioner states
this needlessly adds administrative burden to the review and approval
processes. They state that allowing alternatives for 10 CFR 50.55(y)
within the process described in 10 CFR 50.55a(z) will avoid the need
for exemptions to cover approval of alternatives that could otherwise
be approved via the relief request process.
The petitioner states that these changes would remove conditions
that are not necessary to ensure safety (as demonstrated by long-
standing safety performance) or are no longer needed by the industry.
The petitioner also proposes the inclusion of ASME Section XI,
Division 1 Code Cases N-752, N-88-2, N-926, N-935, and N-939 in draft
Revision 22 to RG 1.147 and the following six code cases to draft
Revision 41 to RG 1.84. The NRC has either conditioned or not approved
these code cases for inclusion into the RG. The petitioner describes
the basis for each change as follows (also see Attachment 2 of the
petition).
Code Case N-883, Rev. 0, Construction Prior to the
Establishment of an Owner, NRC Status: Conditioned. The advanced
reactor fleet intends to deploy using a variety of economic models,
including factory-built reactors. Given very long lead times for
component construction and the need for shorter plant construction
durations, it is vital that fabrication begin well in advance of the
establishment of the owner. The Code has always permitted smaller items
(NPS 4) to be constructed using this approach; therefore, this is not
new in the Code, it has simply been expanded to permit a wider range of
construction.
Code Case N-915, Rev. 0, Extension of Internal Audit and
Supplier Audit Due Dates in Exigent Conditions, NRC Status: Not
Approved. During the Pandemic, the industry successfully implemented
audit extensions, without resulting in any documented safety
consequence. The flexibility this Case provides is important given the
scope and reach of the supply chain. It should also be taken into
consideration that current digital technology provides a better
capability for maintaining the integrity of remote verification than
what was available when the requirements for verification were
established. The addition of this code case to RG 1.84 will provide
efficiency measures for all current licensees.
Code Case N-916, Rev. 0, Remote Verification and Witness
of Activities, NRC Status: Not Approved. During the COVID-19 pandemic,
the industry successfully conducted remote verification and witnessing,
without resulting in any documented safety consequences, essentially
proving that the technology and tools are available to support remote
witnessing. Code Case N-916 is specific to activities requiring
verification or witness by Section III. It does not cover the
acceptance of items or services through source verification.
Certificate holders must still meet any applicable regulatory
requirements.
Code Case N-818, Rev. 1, Use of Non-Destructive
Examination and Fracture Mechanics for Acceptance of Full Penetration
Butt Welds In lieu of Weld Repair, NRC Status: Not Approved. Current
fleet experience has shown that numerous in-service defects and
failures initiate at the location of fabrication weld repairs. Code
Case N-818 provides a technically sound basis, based on light-water
reactor experience, to accept indications in lieu of weld repairs,
reducing, not increasing, the likelihood of inservice failures.
Code Case N-907, Rev. 0, Rules for Performing Preservice
Inspection (PSI) During Construction, NRC Status: Not Approved. There
is no safety concern with the timing of PSI, and there are significant
efficiencies in schedule and potential savings in cost.
Code Case N-659, Rev. 3, Use of Ultrasonic Examination in
Lieu of Radiography for Weld Examination, NRC Status: Not Approved.
Ultrasonic Examination (UT) for construction has a long history in
commercial codes, demonstrating that this is a safe and practical
alternative. Section III already permits its use and has long permitted
UT for some geometries. Use of UT in the field during construction
presents significant efficiencies in schedule and potential savings in
cost.
IV. Conclusion
The NRC has determined that the petition meets the sufficiency
requirements for docketing a PRM under 10 CFR 2.803, ``Petition for
rulemaking-NRC action.'' The NRC will examine the issues raised in PRM-
50-127 and any comments received in response to this comment request to
determine whether these issues should be considered in rulemaking. The
public can monitor further action on the rulemaking that will address
this petition by searching Docket ID NRC-2025-0060 on the Federal
rulemaking website, https://www.regulations.gov. The site allows
members of the public to receive alerts when changes or additions occur
in a docket folder. To subscribe: (1) navigate to the docket folder
(NRC-2025-0060); (2) click the ``Subscribe'' button; and (3) enter an
email address and click on the ``Subscribe'' button. The NRC also
tracks the status of all NRC rules and PRMs on its website at https://www.nrc.gov/about-nrc/regulatory/rulemaking/rules-petitions.html.
Dated: June 3, 2025.
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For the Nuclear Regulatory Commission.
Carrie Safford,
Secretary of the Commission.
[FR Doc. 2025-10324 Filed 6-5-25; 8:45 am]
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